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HomeMy WebLinkAboutCC 2001-02-22 MinutesCITY OF MIAMI COMMISSION MEETING MINUTES OF MEETING HELD ON FEBRUARY 22, 2001 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Foeman/City Clerk 6 P Ab S° �� 17 Rt E IRATE.� y jo COMMISSION MEETING MINUTES OF MEETING HELD ON FEBRUARY 22, 2001 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Foeman/City Clerk MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 22nd day of February 2001, the City Commission of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in Regular session. The meeting was called to order at 9:35 a.m. by Vice Chairman Wifredo Gort, with the following members of the Commission found to be present: Vice Chairman Wifredo Gort (District 1) Commissioner Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) Commissioner Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr., (District 5) ALSO PRESENT: Carlos A. Gimenez, City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Sylvia Lowman, Assistant City Clerk February 22, 2001 Vice Chairman Gort: Good morning. First, we'll have the prayer by Commissioner -- we'll have the prayer by -- invocation by Commissioner Teele, the pledge of allegiance... Commissioner Teele: Mr. Chairman, thank you. Mr. Chairman, I'm going to yield to the distinguished Reverend Bennett, who is here with us. We appreciate very much. This is Black History Month and once we complete the prayers and the pledge, we will be recognizing individuals. Would you all stand, please, for a very brief invocation, followed by the pledge of allegiance to the flag? Thank you, Reverend Bennett. An invocation was delivered by Reverend Bennett, followed by Commissioner Teele leading those present in a pledge of allegiance to the flag. Commissioner Teele: Chairman Gort, as you all are aware, the Commission voted, unanimously, to recognize the Black History Month this day, and I'm very pleased that the Chairman of the Commission, the Mayor, and the Commissioners have all agreed that Black History Month is, indeed, important to the history of this community. Mr. Chairman, I'm very pleased to note the presence of a number of distinguished members of the clergy. In that, one of our resolutions that we approved was a resolution to honor the judges. As you may know -- as the community may know, before the change in the Florida Constitution and several other changes, the City of Miami once was -- actually, it had its own judiciary system that was a part of the City, and the City is very proud of the fact that the first African-American judge in the entire south was a municipal judge from the City of Miami, and, so, without further ado, I would defer in order of protocol, Mr. Chairman, Mr. Mayor, to Judge Farina, who is the Chief Judge of the 11th Judicial Circuit, and Judge Farina, we're honored that you could be here today. I'm going to also recognize the president of the Florida Bar, as well as the president of the Caribbean Bar, as well as a (unintelligible) federal judge, and the former president of the National Bar, our own Chief Smith. So, Judge Farina, thank you for being with us. Judge Joseph Farina: Well, thank you very much. And Mr. Mayor and Commissioners... Commissioner Teele: If you would, let's give Judge Farina a hand. Judges don't often get a big hand. 2 February 22, 2001 (Applause) Judge Farina: Thank you. Well, congratulations and congratulations to the family and to this community, and I extend those congratulations to each of you on behalf of the 112 judges who are now members of the Miami -Dade County Judiciary. And I am here to recognize the leadership, the mentoringship (sic) and the teaching ability of the black municipal judges who were our predecessors, and who are now part of the rich tradition that we judges in Miami share. These are judges who have permitted not only black lawyers, but African-American judges to be sitting on the bench. And I see Wendell Graham is here. Judge Graham, please stand up. We want to recognize you. (Applause) Judge Joseph Farina: Because the umbrella of justice did not always cover all of the citizens of this community or all the members of the Bar or all the members of the batch, and it's these Judges who are our predecessors, who help make a difference, and they are deed a part of the family of the judiciary. And, Commissioner Teele, I have a copy of the dedication ceremony, which was held on October 13, 2000, in which the courthouse center was dedicated as the Lawson E. Thomas Courthouse Center, in recognition of Judge Thomas, recognition of his colleagues, Judge Johnson and others, who have made a difference in our community. Thank you for giving me the opportunity to recognize their contributions and speak on behalf of our judges in our community. Thank you so very much. (Applause) Commissioner Teele: Mr. Chairman, we have -- thank you. And Judge Farina, we'll ask that the Clerk make this a part of the record -- archives of the City of Miami as well. We have with us also the President of the Florida Bar, the Honorable Herman Russomanno. Alejandro Vilarello (City Attorney): Jason Murray. We already introduced Herman. Commissioner Teele: I'm sorry. OK. Did Herman want to say a word or two, please? It's an honor to have the president of the Florida Bar with us. (Applause) Herman Russomanno: Commissioner Teele, Mr. Mayor, Honorable Commissioners. On behalf of the Florida Bar and the 68,318 lawyers in this state, we offer our congratulations and are so delighted to be able to participate in the celebration of Black 3 February 22, 2001 History Month. This is a wonderful time in the life of our country, and today we're here to honor people that have paved the way and given everyone an opportunity. And we talk about the delivery of equal justice under the law, and I see so many of my colleagues in this audience. George Knox, H. T. Smith and many others who have done so much for the legal profession. And we are here to participate, to contribute. Our Bar is committed to full and equal participation of minorities and women in our legal profession. Our Bar is committed to diversity and the selection of our judges so that our society reflects everyone. And, again, it is a privilege to be here. It's an honor to be here, and as a person who lives in this great City, I'm happy to be a part of these festivities. Commissioner Teele: The president of the Caribbean Bar, Marlon Hill, welcome. (Applause) Marlon Hill: Mr. Mayor, Commissioners, I want to thank you for having us here this afternoon. I acknowledge my colleague, Jason Murray, president of Black Lawyers Association, if he could come up and join me here. And I don't know -- (Applause) Mr. Hill: -- if Marie Estime-Thompson, the President of the Haitian Lawyers Association. If she's here. I don't think so, but I want to acknowledge her. We're here today to acknowledge our fellows legal colleagues of the judicial bench, and the Bar, and we certainly want to congratulate all the honoraries here celebrating Black History Month, and we thank you for allowing us this opportunity to be here. Commissioner Teele: Thank you very much. We're going to honor and recognize, on his own, who is a part of our presentation, the president of the Black Lawyers Association, Mr. Jason Murray, Esquire. (Applause) 4 February 22, 2001 Jason Murray: Thank you, Commissioner Teele, the Mayor, all the other Commissioners. Thank you for having us. We are truly honored and pleased to be here today on such a wonderful occasion as this, where we're going to recognize some historic figures who paved the way for many of us in the Black Lawyers Association and in our community, in terms of the judges who served during a time in our period where it was truly, truly challenging. So, we are very pleased that this City is taking the step to recognize those judges. Congratulations to all the other honorary s this morning. On behalf of Black History Month, the Black Lawyers Association is truly, truly proud of all of you. Thank you. (Applause) Commissioner Teele: Thank you again. Of course, no ceremony could be complete without the next two persons, the former president of the National Bar Association; the National Bar is the equivalent of the ABA (American Bar Association) and the distinguished attorney, H.T. Smith. H.T, would you come forward, please? (Applause) H.T. Smith: Thank you, Mr. Commissioner, Mayor, Commissioners, and friends, all of the City of Miami and Miami -Dade County community. I can see Lawson Thomas as he walked the railroad tracks to the courthouse. I can see Lawson Thomas as he was given this wonderful opportunity to preside in the Miami court as it was established, and the great debate that was in the black community at the time as to whether he should preside in the colored court or not, and finally, he decided that it was important to demonstrate to the people of this community and the people of the world that we could adjudicate, with dignity, we could adjudicate with fairness, and integrity, and in so doing, he and John Johnson, who is with us, the Braynons and others, have opened opportunities for the Wendell Grahams, and the Jerald Bagleys, and the Wilkie Fergusons, and for many of our children who will follow us. I didn't intend to speak here today, but I'm proud to be a part of this ceremony. Thanks to the City Commission for recognizing these great pioneers. Thanks for all of you who took time for your schedule to be a part of this ceremony. But please take the stories of the Lawson Thomas, and the Harold Braynons and the Johnsons throughout this community, and, therefore, let their legacy always remain a part of the great heritage, not only of our judiciary, but of our community. Thank you very much and enjoy this great day. (Applause) 5 February 22, 2001 Commissioner Teele: Mr. Chairman, it's an honor to present to the public one of the African-American judges that is sitting on the federal bench, the honorable Judge Wendell Graham. Judge Graham. Judge Wendell Graham: Thank you, Mr. Mayor, Commissioner Teele. I would simply like to say. I didn't expect to speak or address the Commission this morning. We are indeed, grateful of this opportunity that you have given to our community. I am certainly grateful of the men and women who have come before me, who have paid paved the road for all of us. This is certainly a wonderful event, and we thank you. (Applause) Commissioner Teele: Ladies and gentlemen, Mr. Chairman, we will now hear from the first African-American City Attorney of the City of Miami, who will give a brief slide presentation that outlines this City Commission an this City's commitment to honoring our past and honoring our -- those who have served and gone before us, in hopes that the way has been paved for a new young African-Americans and others of all races, creeds and genders to come forth and continue the great legacy of the City of Miami. Without further ado, I'm pleased to present the Honorable George Knox, Esquire. (Applause) George Knox: Thank you, Commissioner Teele, Mr. Mayor, members of the Commission, and friends. I must say that I'm somewhat at a lost for words, since Mr. Smith had not anticipated making a speech and he succeeded in taking mine. And, so, I think, in the true tradition of people who think on their feet, I'll just refer you to the slide presentation. But I would like to, I think, embellish upon some of those things that Mr. Smith made reference to in connection with the importance of the appointment of the then called Colored Municipal Court or Negro Municipal Court in the history of the City of Miami and, indeed, in the entire South. This notion of appointing a person of color to have official jurisdiction and to officially participate in the administration of justice was a very important decision. It was not without controversy, but I would suggest that some times, even evil motives have a very glorious result when you examine the bottom line. When Judge Thomas was appointed, he indicated that his appointment was the crowning experience of his professional life. There were those who said, well how can this be such an honor, if, in fact, the appointment of a Negro municipal judge to deal with Negro matters seem to perpetuate segregation? But Judge Thomas is a pioneer and a legend now because he had enough vision to understand that when the crime rate is reduced because people respect the law, especially as administered by their home that benefits the entire community. When no longer questions of qualifications in moving upward in the 6 February 22, 2001 judicial system can be asked because of a record and a history of success in doing the same thing that judges do, then that benefits everyone who has come along since these pioneers. There has been an evolution but I would suggest that we would always be vigilant as to whether people's behavior has changed or whether their attitudes have changed. It requires a bit of thought that, in 1950, as we read the newspaper commentaries about the appointment of Judge Thomas, in some cases, people of color were referred to as "Negroes". In other cases they were referred to as "colored people" in the press. And today a full 50 years later, people of color are still being referred to by various identification marks, and not much has changed in terms of the perception that people have. We must continue to be vigilant as to how we can effectuate changes in attitude. When we move from access to a judicial system, to availing ourselves of opportunities within that system and have that so-called system to understand and appreciate the value of the contributions of people of color. It's my privilege at this time to present some proclamations to both the memory and to the persons who made opportunity available for all of us who now toil in the legal venues. The first is in memory and recognition of the contributions of Judge Lawson Thomas, and we're so pleased to have Mrs. Eugenia Thomas, who is a legend in our own right, who has joined us and who will accept the award. (Applause) Mr. Knox: And Mrs. Thomas is joined by Sharmaynne Thomas, as well. Eugenia Thomas: Where is the proclamation? Mr. Knox: Here it comes. Commissioner Teele: Well, Mrs. Thomas, we were pausing for you to make some remarks, but with all due respect... Mrs. Thomas: Oh, you didn't tell me I was supposed to talk. Commissioner Teele: Mrs. Thomas, with all due respect to Mr. Knox, neither the Mayor nor I are prepared to let him present the proclamation to you. So, he's going to escort you to the dais for the appropriate back drop for you and the family can be ascertained and I just want to say that I like George Knox, but I'm not about to let him usurp the prerogative of this Commission or the Mayor and the Commission, but we're delighted, Mrs. Thomas, to hear your remarks. Mrs. Thomas: Thank you so much, Mr. Mayor, and members of this Commission. 7 February 22, 2001 Today you're standing tall. You know, I said once before, that you do not highlight to the world what you did when it wasn't popular. You're the one to be honored really, for taking that giant step that you did in 1950. So, you know, I'm used to seeing you sitting in those chairs comfortably. It's nice to see you standing to the cause today. (Applause) Mrs. Thomas: I thank you so much. This is my daughter or our daughter, Sharmaynne. And it was one of those pictures there that her daughter was shown with Lawson when he said something about racism gets under his skin or something like that. Commissioner Teele: Mrs. Thomas, if you would join us. Sharmaynne, would you join your mother. And while they're coming forward, I should acknowledge that this program presentation has been coordinated by the Deputy City Attorney, Mr. Joel Maxwell, and Erica Wright, one of the staff assistants — attorney assistants with the department. Erica, stand. We're delighted that you're there in the department. (Applause) Commissioner Teele: And Joel -- Erica, you have to join us on the platform, also, for the presentation, and, Joel, if you would join us as well. Mayor Carollo: George, you canjoin us for this. Mr. Knox: I don't want to usurp. Mayor Carollo: Come on up, George. Just wait for George Knox. . (Applause) Commissioner Teele: If everyone would just stay in place for the proclamation reading of the proclamation and, George, if you could escort the honorable Judge John D. Johnson. And while judge -- George, were you going to make a statement? Mr. Knox: Yes. Commissioner Teele: I apologize. Mr. Knox: Go on and make that proclamation, and then I'll make a statement about Judge Johnson. 8 February 22, 2001 Commissioner Teele: Whereas in 1950 the City of Miami established a municipal court at 1075 Northwest 5th Avenue, Miami, which became known as the Negro Municipal Court, which was designated to serve the black community; and whereas during the 1950s, the City of Miami appointed and elected the Honorable Judge John D. Johnson to be municipal judge to preside over sessions of this court, becoming the second black judge to preside over the municipal court during the tenor of the Municipal Court System; and whereas Judge Johnson very ably and laudably served as a municipal judge for the City of Miami, handling approximately 160 cases a day? Judge Farina. A day? -- Full calendar -- and whereas the City of Miami does wish to acknowledge this great legal pioneer for his service to the City of Miami and its surrounding community. Now, therefore, I, Joe Carollo, as Mayor of the City of Miami, do hereby proclaim this Thursday, February 22°a, 2001 as the Honorable Judge D. -- John D. Johnson Day in observance or -- we call upon the residents of the City of Miami to join in the celebration of the important occasion. Ladies and gentlemen, Judge John D. Johnson Day. (Applause) Judge John D. Johnson: Didn't have any idea that I'd have to do any talking or speaking this morning. However, I can say this: That it was a pleasure, actually, serving in the capacity of municipal judge, especially following Judge Thomas, who had done an remarkable job, and of course it's something I had to -- had a hard job trying to follow. His was really hard thing to follow. It's true, actually, that we had a hard time, actually, over there because it wasn't easy, because we had some other judges there and they served once a week -- a whole week, actually. Then they sat in their offices for the next four weeks; whereas, with us, we had to be there five days a week. Now, very few people know that I sat one night a week -- one night a month because we had a traffic school, which was taught by Judge Calvin Mapp, who, at that time, was a police officer. So, with some 26 municipalities and just one traffic school, everybody was sending their cases over to our court, actually -- actually, out to our school, actually, that was set up. And I had to sit up there at night, after being this all day trying 50 to 75 cases. And one time I did try 156 cases. It was right after a holiday -- July 4th holiday, and I started at 8:30, as we always did in the morning, and Officer Lee said to me at a quarter to six that afternoon, "That's all, Judge." I said, "don't stop now." But anyway, it's a pleasure. I want to say thanks to the Commission for this honor, and it's a pleasure to serve with Judge Thomas and, of course, or to follow Judge Thomas, as well as preceding some of the others, of course, that you'll have out later. Thanks very much. (Applause) 9 February 22, 2001 Commissioner Teele: Mr. Chairman, Mr. Mayor, I would recommend that the Commission walk halfway and meet Judge Johnson right where he is, right there. I think it's a great honor that he has done this community. Mr. Knox: And while you're coming down, I think it's very, very important to some of us to talk about one of the highlight of Judge Johnson's career, when he made it possible for persons of color to enjoy the beautiful golf courses in the City of Miami. (Inaudible Comments) Mr. Knox: We'd like to give special recognition to former municipal Judge Donald Wheeler Jones. I think that Donald Wheeler Jones' appointment typifies the vision of Judge Thomas because it was Judge Jones who became the first judge of an integrated municipal court. (Applause) Mr. Knox: And in 1969 it was the vision and commitment of then City Commissioner Athalie Range who moved and the Commission unanimously appointed the last of the municipal Judges, Judge Harold Braynon. (Applause) Mr. Knox: And before I complete the presentation, I'd like to also recognize the families of Judges Donald Wheeler Jones and Harold Braynon, that I understand have joined us today as well. (Applause) Mr. Knox: And Dorothy Jenkins -Fields has also reminded me that Judge Johnson's niece, Dorothy Jenkins -Fields, is present with us as well. (Applause) Mr. Knox: Thank you. Commissioner Teele: Mr. Chairman, as a final recognition, will be the public recognition of the two judges that have already been announced, Judge Harold Braynon and Judge Wheeler Jones, Donald Wheeler Jones, for the photo opportunity with the Commission, and if we could get those proclamations or those public recognitions certificates, please. 10 February 22, 2001 In fairness, this is, I realize, a little long, but we don't get this opportunity very much. Let me defer to Judge Harold Braynon, followed by Judge Donald Wheeler Jones, to make any public statement that they would like to make. Judge Braynon. Mr. Harold Braynon: Thank you, Commissioner Teele, Mayor of Miami, and distinguished Commissioners. It's, indeed, an honor to be here today. Thinking back to all those years that have passed since then. I am very cognizant that the landscape has changed tremendously. I can recall when I was on the bench, as recent as 1969, I was the only black judge in the State of Florida. We've come a long way. And we still have some ground to cover. But I want to acknowledge the appointment from my dear Commissioner, Athalie Range, who made it possible, along with the distinguished Commission. (Applause) Mr. Braynon: Thank you for having me here. And let's keep moving in the right direction. Judge Donald Wheeler Jones: Mr. Mayor, Commissioners, George, whom I have always admired for a long time, my day was completed, even with this wonderful honor and this wonderful event, marking yet another run on Miami's rise to national prominence and progress in multi-culturalism and diversity. But my day was really complete when Ms. Range walked in. I love that woman, as many of us do. And she appointed me to a position that I was really unaware of the historical significance of. But I sentenced the first person of European descent in my courtroom. I really was oblivious to that it was history making. I mean, it seem -- I guess I was so young and naive, Mrs. Range, that I really did not quite understand the historical significance of what was going. I did it routinely. And, indeed, the City of Miami took it routinely, and the bailiff took it routinely and the court took it routinely. It seems to be -- it was like, as Barbara Streisand would say, "like butter". But it was a great honor and a great distinction. And not only did Mrs. Range change the City of Miami's life, it changed my life, and I've ever grateful to her, and to all my colleagues, to Judge Braynon, Judge Thomas, Judge Johnson, and others who have come before me. I couldn't have done what I did unless they did what they did and I'm eternally grateful to them. Thank you very much. (Applause) Commissioner Teele: Mr. Chairman, members of the judiciary, member of the Bar, thank you very much for your presentation and presence. There are other proclamations associated with Black History Month that will be made, but we want to especially 11 February 22, 2001 appreciate you're being here. Thank you. Commissioner Regalado: If I may, Commissioner. Would you yield just one second? Commissioner Teele: Yes, I'll be happy to yield. Commissioner Regalado: I think it's only proper that we recognize that -- to gather all these personalities under one roof, one day, is an extraordinary task. So, I would propose that the Commission would pass a resolution requesting to the School Board, that the videotape of this presentation will be incorporated in the future to the Black History Month activities, and education throughout the schools in the City of Miami. (Applause) Commissioner Teele: Here -here. And I think that's a notable recommendation, and when the Commission is adjourned, I'll be pleased to make that motion, and also to make a tape available to the judiciary and to any other person -- the families of those that received a presentations. With some minor editing, we'll accomplish this. Thank you very much. (Applause) Mayor Carollo: We'd like to, in addition, recognize for Black History Month, some additional community leaders that have worked very dedicated for many years for Miami, and to make progress in our City. I'd like to ask them to come up together, if you start coming up as I say your names. We have a very long day, and I apologize that we're not going to be able to do it individually. But we have a pretty long list and it's a pretty sizable Commission meeting today, but if I could begin by asking Commissioner Athalie Range if she could come up, on behalf of the Virginia Key Park Civil Rights Task Force. Ms. Range. (Applause) Mayor Carollo: If Georgia Ayers could come up. (Applause) Mayor Carollo: Reverend Richard Bennett, Jr. (Applause) 12 February 22, 2001 Mayor Carollo: Dr. Dorothy Jenkins -Fields. (Applause) Mayor Carollo: Marlon Hill. (Applause) Mayor Carollo: Viter Justice. (Applause) Mayor Carollo: Jean Mapou. (Applause) Mayor Carollo: Irby McKnight. (Applause) Mayor Carollo: Dr. Rudolph Moise. (Applause) Mayor Carollo: Audrey Peterman. (Applause) Mayor Carollo: Frank Peterman. (Applause) Mayor Carollo: Gene Tinnie. (Applause) Mayor Carollo: Marc Villain. (Applause) 13 February 22, 2001 Mayor Carollo: Rosie Gordon Wallace. (Applause) Mayor Carollo: Nathaniel Wilcox. (Applause) Mayor Carollo: And if I can ask that Reverend Phillips, if he could come up here and join us for a minute, and before we take a picture, I'd like for him to lead us in another prayer at this moment. Reverend Phillips, can you join us up here, please? Reverend Phillips: Thank you, Mr. Mayor. To the Commission. Let us pray. An invocation was delivered by the Reverend Phillips; after which, the following proceedings were had: Mayor Carollo: Ladies and gentlemen, please join us in saluting these distinguished leaders, community leaders, for their outstanding service throughout the year. Thank you. (Applause) Ms. Ayers: I'd like to ask that those people who were born in railroad shop, color (inaudible) to remain standing, while the rest of you sit. I want you to take a look to the west corner of the building. You will see the Braynon family, the Johnson family. On August 1St, 1947, their family of Norris/SmithBraynon -- Braynon/Smith family was the first woman -- first family that was evicted for what you all call Allapattah. See, you all don't know this wasn't (inaudible) as I am, why they call me Spit Fire. My teacher named me Spit Fire, (inaudible) when I was I I years old. We were evicted to make way for a school for white children. On August I st, 1947, was a Friday morning, and it rained, and we didn't have a Red Cross or anyone to do anything for us. Lee's sister had just had a baby, a week old. No provisions were made for us. So, I want to say to you also -- Art Teele, you from Tallahassee. Good things come out of Tallahassee because my grandma was born and raised in Tallahassee. Commissioner Teele: That's what I'm talking about. Ms. Ayers: Good things come out of Tallahassee. I want you to know that. 14 February 22, 2001 (Applause) Ms. Ayers: See, you newcomers who just came here, you think that I raise hell just to raise hell. I haven't forgotten. I want to tell you this: Eugenia Thomas 's husband, lawyer Thomas was the attorney that represented us, the black families. The railroad shop paid him one hundred dollars ($100) per family to represent us. Do you know what? He couldn't sit up in the front of the courthouse, that same courthouse, thank God, they did have sense enough to name something -- a courthouse after him, but he could not sit up in the front seat with the rest of the lawyers. He had to sit in the back with us. So, if you wonder why I'm as I am, you made me to be what I am. I'm not what I am -- to the City of Miami police officers -- when I was 13 years old, a City of Miami police officer called us. We had to walk -- let me tell you this. We walked from where Dorothy High School in Liberty City, you call it Drew now, but it was Liberty City when we went to school. We walked from what you all call Allapattah to -- up there to school. No provisions were made for us. We had to fight our way. If it wasn't a white man trying to get fresh with us, it was the kids fighting us or the women sicking the dogs on us. I'm telling it, Lee, like it naturally I -S is. You don't know how proud I am to see black men on the police force -- stand up, Chief. Stand up. (Applause) Ms. Ayers: You see, I know when they used to come from railroad shop and the boys -- they all hung on the corner because they had no place else to go, an the police would walk up there, look at me, nigger. You look at him. The other say, look down, nigger. You see something. You (inaudible) playing seesaw, up and down. All of those things I remember. So, if you wonder why I am as I am, don't get mad with me. Get mad with yourself because you made me what I am. You told me to be something. I am something. I can remember when black folk went to jail. They beat your butt and sit you in the back of the hole and you stayed there until your wounds healed. Your parents couldn't see you. No more. Because I have direct access to the jail 24 hours a day, 7 days a week. (Inaudible) also, how many people do you know that have the judges' proxies, Wendell, to sign folks out of jail? I is the only woman to sign you out of jail. (Applause) Ms. Ayers: So, since you don't know -- and when you put five minutes on me when I come up here to speak, I don't accept that. I don't accept it because you don't know where I come from. What made me the way I am. But I thank you for making me what I am. Let me tell you one thing Mama Range if it wasn't for her, I would be worse. 15 February 22, 2001 (Applause) Mayor Carollo: Mrs. Range, can we have the honor of you saying a few words, please. Athalie Range: Thank you very much. (Inaudible) quite true. I stepped on her toe that's why she stopped talking. Thank you so much for this honor. This morning I am holding the plaque for the Virginia Key Park Civil Rights Task Force. There may not be too many of you who remember Virginia Key Beach, as those of us who are older remember it. But we had been working under the guidance of this Commission, with Commissioner Teele having put forth the first resolution, which created the Virginia Key Beach Park Civil Group, and we've come a long ways. We're now -- what is it? We are now -- we are a Trust now. And one day, before too many years will have passed over, you're going to see Virginia Key Beach, what it once was. I'm not going to take all the time to tell you all of the hardships that we had in the early days getting to Virginia Key Beach because that now is in the past. It's in our memories, and we now have the privilege of marching forward to make it what it is actually ought to be. And I cannot close these remarks without saying to you, that Robert Frost, in one of his outstanding writings, closed it with these words -- and we should always remember this -- that even though we've come a long, long ways, we still -- black, whites, Spanish, all together, we --even though we've come a long, long ways, we still have miles to go and promises to keep before we sleep. Thank you so much. (Applause) Viter Justice: Ladies and gentlemen, my name is Viter Justice, and I'm from the Haitian community. Don't you understand that everybody's happy when our countrymen and Commissioners work together? Yes, we are. Well, yes, I am. So, please, Commissioners, those two ladies have talked about the past. Myself, I want to talk about the future. The future of the Haitian community. To tell you and to tell your Commissioner we're the tourist corridor in our community. So, we can use our painters, musicians, and attract all those tourists who pass through Miami, do not stop because they now have an easy and affordable way to go enjoy themselves. Please remind (inaudible) and thank you. (Applause) Mayor Carollo: Thank you. Let me just read what this elude from the City of Miami says. It says for your indebted efforts to preserve African-American history and heritage. The officials of the City of Miami are truly grateful to have a person of your caliber and courage and ranks. On behalf of the Mayor's Task Force of Race Relations, and all the 16 February 22, 2001 residents of the City of Miami, we thank you. Thank you very, very much. (Applause) Commissioner Teele: Mr. Chairman, I would like to acknowledge the presence of a unique judge that is here today, unique because most of the judges that we've honored were male. Please join me in welcoming the Honorable Judge Teresa Lundy Thomas -- Thomas Lundy, Judge of Dade County Court System. (Applause) Commissioner Teele: We heard from -- just to close out this ceremony, will all of the families of the recipients that are here please stand and be recognized, those who came out with the persons that we're honoring. Please stand just for a moment and be recognized. Thank you all very much. Thank you all very much. And a particular thank you to the Braynon family. They came out in full force. Wee appreciate what you've done for our community and we're looking forward to continue to honor and serve you. Thank you. (Applause) Mayor Carollo: Is the representative from the Dade Amateur Golf Association here? Charlie De Lucca. Charlie, you're around here somewhere? (Inaudible Comments) Mayor Carollo: It's a total of forty-three thousand one hundred fifty-seven dollars and fifty-seven cents ($43,157.57). Thank you. We have some certificates of appreciation for some of the key individuals that raised these very much-needed funds. And I like to present this one to Robert Burlington. Robert. (Applause) Mayor Carollo: You know what, let's give them to you and then we'll all take one group picture, if we could. Luis Delgado. Luis. (Applause) Mayor Carollo: Sergio Barrera. OK. Lourdes, you're going to take it for him? 17 February 22, 2001 (Inaudible Comments) Mayor Carollo: Charlie De Lucca, Jr. (Applause) Mayor Carollo: Allan Schwartz. Thank you, Allan. Steven Kendall. Thank you. (Applause) Mayor Carollo: Maybe we could get a group picture of all the people that received certificates. Get the members of the Commission here. Luis. Commissioner Regalado: Mr. Mayor, if I may. Before you go, I'm proud that the new building for the program for people with disabilities is being built in Kenloch Park in District 4, and I know what you're going to do with the money, buy some furniture, help. You have -- Charlie, you have been helping this program for many years, so I would like to request from the City Manager that we do, in the second meeting of March, a public hearing so we can name the soon-to-be open new disability center at Kenloch Park in memory of your be loved daughter Sandra De Lucca. Thus, the name of the center will be the City of Miami Sandra De Lucca Development Center. So, Mr. Manager, if you can place on the agenda, this public hearing will be on it. Mr. Carlos Gimenez (City Manager): Yes, sir. (Applause) Mayor Carollo: Charlie, would you like to say a few words? Charles De Lucca: I don't think we could be more honored, if you all knew my daughter Sandra, you'd understand. She was loving and giving, and we lost her after 17 years. She was our everything. She always helped people and she had a lot of problems of her own. We just want to thank you. Thank y'all so much. I don't know what to say. Thank you. (Applause) Unidentified Speaker: Can Allan say something about... Mayor Carollo: Sure, Allan. Go ahead, Allan, please. 18 February 22, 2001 Allan Schwartz: OK. And due to the fact that Charlie De Lucca is unable to continue, at least for a few minutes, he'll make up for it later. I promise. We ran a golf tournament for the benefit of the programs for persons with disabilities at International Links. You all know it as Melreese Golf Course. This was on December the 1 st and fortunately, we had these wonderful guys that you saw up here receiving these plaques, working with us and we is actually raised like sixty-five thousand dollars ($65,000), and over the years, we have -- we've been doing this tournament now for about eight or nine years. We've raised, how much, Marjorie? Over two hundred thousand dollars ($200,000) for this program. And I just want to everybody to know how proud I am to be a part of the team that does this tournament, and I would also like to pay our respects and our honors to Marcia (unintelligible), who does such a fantastic job on behalf of her clients. (Applause) Mr. Allan: And her staff, of course. And the tournament will be held a little bit earlier this year. We're going to again do it at International Links and you all are invited. Everybody is invited to come to the golf tournament. Thank you. (Applause) Vice Chairman Gort: Mr. Mayor, if I may, if you fellow Commissioners allow me, since we have presentation to make, if you all know, we started the Domino Tournament a few years back. They're trying to bring the common denominators that brings our community together and it was a great job that was done, not only by the volunteers, but the police force. They came up with the first competition for the mounted police, and they were able to raise six thousand dollars ($6,000) for the same cause, for the disabled. So, at this time, Sergeant Gomez, can you come over here and -- we promote him to sergeant for today. And Sergeant Quintero is he here? And Officer Gomez. And, Commissioners, if you allow me, Mr. Mayor, I would like this commendation, if possible, I'd like to have Richard Kuper read it, if you all allow me, because he's the one whose really worked real hard with this committee, and I'd like to -- Mr. Kuper, would you read the commendation. The people are going to receive the office of Octavio Aguerro, Hector Bergnes, Carlos Decespedes, Alberto Develasco, Luis Estrada, Manuel Gomez, Rashas Jabbar, Roberto Novo, Pedro Pidermann, Brenda Reyes, Luis Ruiz, Jose Triana, Carlos Valdes, Terry Pagan, Javier Dominguez, Kimberly Fournier, Jason Smith and Ana Guerra. These people are the ones that made it possible. They put the first competition, Mounted Patrol Competition, and they were able to raise six thousand dollars ($6,000) for our Parks Disability Program. (Applause) 19 February 22, 2001 Richard Kuper: Thank you, Commissioner Gort, Honorable Mayor and members of the City Commission. It's an honor to be able to be up here and read this commendation that's going to be given to all the officers, the sergeant, and the entire staff that helped put the event together. Officer Manny Gomez has been working with the Domino Committee, which was created about three years ago, in Commissioner Gort's office, with the help of the Mayor and the entire City Commission, we've had events every month, at no cost to the City of Miami. It's all been sponsored by the community and volunteers. The commendation for all you ladies and gentlemen is as follows: The City of Miami's Mounted Patrol Unit, in and effort to aid the City's Disability Program, held their first annual Mounted Patrol Domino Tournament on January 19, 2001, and whereas the officers and staff, along with the men and women of the City of Miami's Mounted Patrol Unit donated countless hours to ensure the success of the event that was heralded by both the public and the media; whereas the officers and fellows staff members sacrificed their time to construct tents, organize chairs an tables, prepare the food, design trophies, sell T- shirts and raffle prizes; and whereas all the officers and staff must be commended for their commitment to community and form, that the officials and residents of the City of Miami are truly grateful for their unwavering dedication to the clients that benefit from the City of Miami's Disabilities Program. Therefore, this commendation, given on behalf of the Mayor and the City of Miami commends each of you for your dedication and commitment to the community. (Applause) Mayor Carollo: Gentlemen and ladies thank you very much for all your work and effort. Commissioner Regalado: And, Mr. Manager, remember, and Mr. Chief of Police, remember that we need to move these people back to the hearts of the City so they will have more time to do more dominos and don't spend that time on the road, you know. So, next meeting we'll be discussing this issue. (Inaudible Comments) Mayor Carollo: Thank you very much. Thank you. (Applause) Vice Chairman Gort: Officer Gomez, go ahead. Officer Gomez: Hello. Is it working? 20 February 22, 2001 Mayor Carollo: It's working. Officer Gomez: I want to thank the Mayor, the Commission, our Chief for all the support we have, and also for a special person, Pablo Canton, who is always there when we need him. I want to also thank CAMACOL and Kiwanis, and I also want to thank people -- they're not here today, but lucky through these two people, also, we had the event, due to the way that we're away from home and we need other people to protect us, Alex Penelas and Alfie Mesa (phonetic), the County Mayor's assistant, really helped us put the event because we had a little problem with Tropical Park. We asked our leaders to bring us back to the City, wherever you could put us and build our stables. Thank you. (Applause) Commissioner Sanchez: I say we hire him as a lobbyist. Officer Gomez: You don't know what you're getting into Mayor Carollo: Thank you all. Vice Chairman Gort: Thank you. Mr. Mayor and Commissioners, this next certificate of appreciation is within that comes out of the community and it comes out at the request of the Tangela Sears from the African American Grassroots Committee, and this is a Certificate Of Appreciation for a job well done by Lieutenant Cornelious Drane, Officer John Carey, will you come forth, and Major Gerald Darling. Ms. Sears, could you come forward also, please? And I'm going to read one. The City of Miami present this Certificate Of Appreciation to the following individuals named for your outstanding service to the City of Miami Police Department and your commitment to improving the quality of life for all residents of the City of Miami; your dedication to better our community (inaudible) given of your time and talent is truly appreciated. Thank you very much. Mayor Carollo: There's another group at this time, the firefighters that we would like to honor for their assistance after the aftermath of Tropical Storm Lilly. If I could ask Captain Joe Cabrera to come up please, Lieutenant Eloy Garcia, Lieutenant Jose Echagarrua, Firefighter Ronald Caroll, Firefighter Stuart Johnson, Firefighter Douglas Covalt, Firefighter Kenneth Murrell, Firefighter Alex Rodriguez, Firefighter Jose Almeida, Jr., and Firefighter Kent Padmore. Commissioner Regalado: Mr. Mayor, if I may. Just a comment of why the City's 21 February 22, 2001 honoring these firefighters. Last October the City of Miami was impacted by what it was said was the no -name storm, and actually it wasn't Lilly, but it was the no name storm. And the City went through floods that it had never experienced. So, for the first time, the Fire Department, beginning in your district, Johnny, 27th Terrace and 33rd Avenue, used the fire trucks to pump water and remedy the crisis in many houses. They all then went to Flagami, Southwest 8th Street, Southwest 2nd, and these people, especially the Flagami unit spent days pumping water. So, thanks to them the people were in a way, helped so, I think it's important that the City recognize that they went above and beyond the call of duty, and they spent their days and nights pumping water so the people will be able to live. Thank you. Thank you. (Applause) Mayor Carollo: Thank you all very much. We will now begin the regularly scheduled Commission meeting. Commissioner Gort, if you could chair, please. 22 February 22, 2001 2. CONSENT AGENDA Vice Chairman Gort: OK. On the consent agenda. Is there anyone that would like to discuss or pull any item on the consent agenda? Commissioner Sanchez: So move, Mr. Vice Chairman. Vice Chairman Gort: There is a motion. Is there a second? Commissioner Teele: Second. Vice Chairman Gort: Moved and second. Any discussion? Under discussion. I checked on Item 3, where the -- this is the development of the sidewalks. My understanding, the contractor came under 65, 70 percent. In other words, we have budget two hundred thousand. He came up with a 160, 185 thousand, as I recall. Is this part of the downtown type of work or is this throughout the whole City? John Jackson (Acting Director, Public Works): John Jackson, Director of Public Works. Commissioner, it's a Citywide sidewalk replacement. Vice Chairman Gort: My question is, is this gentleman or this company's performance (inaudible) can we give him some automatic or we still have to go for bid for the other ones, for the rest of the work that need toss be done? There are a lot of sidewalks that needs to be done. Mr. Jackson: If you're speaking about the downtown, that will be informal, and we can go forward with that. Vice Chairman Gort: No, no. I understand. But I'm talking about this gentleman, if he does the work that should be done; he's doing it under budget. If we can go ahead and give him some other work that exist there. I'm just asking that -- something you might want to check with legal department. I don't know if we can do that or not, but -- OK. Thank you. Mr. Jackson: Yes. Yes, we need -- OK. Vice Chairman Gort: Any further discussion? Anyone in the public would like to address any of the items on the consent agenda? Commissioner Regalado: Question. I have a question. Vice Chairman Gort: Yes, sir. 23 February 22, 2001 Commissioner Regalado: Public Works. I know that you guys have your hands full, but Southwest 50th Avenue, I think -- I'll give you the exact address -- and 2nd. Last year we did the sidewalks; so about four months ago we had the people installing those cables. They broke the sidewalk. They patch it left. They haven't come back. And -- you know, it's a shame because we did brand new sidewalk about five month ago and then they came and broke it. So, I'll give you the address. But my point is, John, is that they keep doing it, you know. Mr. Jackson: Yes. They are responsible and they're required to go back and replace the sidewalk. They probably put asphalt to patch it, but they're required to go back and replace the sidewalk. If you'll let me know the address -- but, you know, they -- that's their responsibility. Commissioner Regalado: Oh, I'll give you the exact address. Mr. Jackson: OK. Vice Chairman Gort: Any further discussion? Show no one from the public came forward. All in favor state by saying "aye." The Commission (Collectively): "Aye." Note for the Record: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. Thereupon motion duly made by Commissioner Sanchez and seconded by Commissioner Teele, the consent agenda items were passed by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None 24 February 22, 2001 2.1 ACCEPT BID OF U.S. TRAFFIC D/B/A DSI FOR PURCHASE OF THREE SPEED MEASURING EQUIPMENT, FOR DEPARTMENT OF POLICE, $22,485; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 01-172 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF U.S. TRAFFIC D/B/A DSI FOR THE PURCHASE OF THREE (3) SPEED MEASURING DEVICES FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $22,485; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY "GUIDE TO EQUITABLE SHARING". 2.2 ACCEPT BID OF HOPE CENTER, INC. TO PROVIDE CUSTODIAL SERVICES AT MIAMARINA AT BAYSIDE, $17,466.40 FOR REMAINDER OF FISCAL YEAR, $26,199.60, FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES; ALLOCATE ;FUNDS FROM OPERATING BUDGET OF MIAMARINA' AT BAYSIDE. RESOLUTION NO. 01-173 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF HOPE CENTER, INC., TO PROVIDE CUSTODIAL SERVICES FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES AT MIAMARINA AT BAYSIDE, IN AN AMOUNT NOT TO EXCEED $17,466.40 FOR THE REMAINDER OF FISCAL YEAR 2001-2002, ON A CONTRACT BASIS FOR ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $26,199.60, ALLOCATING FUNDS FROM THE OPERATING BUDGET OF MIAMARINA AT BAYSIDE, ACCOUNT CODE NO. 413000.350505.340. 25 February 22, 2001 2.3ACCEPT BID OF F & L CONSTRUCTION, INC. FOR PROJECT ENTITLED' "CITYWIDE SIDEWALK REPLACEMENT PROJECT — PHASE XVII. B-4632" TOTAL ESTIMATED COST OF $145,303.75. RESOLUTION NO. 01-174 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF F& L CONSTRUCTION, INC., FOR THE PROJECT ENTITLED "CITYWIDE SIDEWALK REPLACEMENT PROJECT — PHASE XVII -B- 4632," IN THE AMOUNT OF $131,125; ALLOCATING FUNDS FROM PROJECT NO. 341170, AS APPROPRIATED BY ORDINANCE NO. 11970, AS AMENDED, IN THE AMOUNT OF $131,125 FOR THE CONTRACT COSTS AND $14,178.75 FOR PROJECT EXPENSES, AT A TOTAL ESTIMATED COST OF $145,303.75; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT. 2.4 APPROVE PURCHASE OF SAFETY SHOES AND BOOTS FROM VARIOUS VENDORS, UNDER AN EXISTING MIAMI-DADE COUNTY CONTRACT NO. 1802 -2/03 - OTR -SW, FOR DEPARTMENT OF PURCHASING TO BE UTILIZED CITYWIDE; ALLOCATING FUNDS FROM VARIOUS USER DEPARTMENTS. RESOLUTION NO. 01-175 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PURCHASE OF SAFETY SHOES AND BOOTS FROM VARIOUS VENDORS FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED CITYWIDE, UNDER AN EXISTING MIAMI-DADE COUNTY CONTRACT NO. 1802- 2/03 -OTR -SW, ON AN AS -NEEDED BASIS, FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, EFFECTIVE THROUGH DECEMBER 31, 2001, AND SUBJECT TO ANY EXTENSIONS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE BUDGETS OF THE VARIOUS USER DEPARTMENTS, SUBJECT TO PRIOR BUDGETARY APPROVAL. 26 February 22, 2001 2.5 AUTHORIZE PURCHASE OF AMMUNITION, TARGETS, HANDCUFFS, PEPPER SPRAY AND LESS LETHAL MUNITIONS FROM DESIGNATED VENDORS LISTED UNDER AWARDED STATE OF FLORIDA CONTRACT NO 680-000-00-1, FOR DEPARTMENT OF POLICE, TOTAL PROPOSED AMOUNT NOT TO EXCEED $80,000; ALLOCATING FUNDS FROM POLICE DEPARTMENT GENERAL OPERATING BUDGET RESOLUTION NO. 01-176 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF AMMUNITION, TARGETS, HANDCUFFS, PEPPER SPRAY AND OTHER MUNITIONS FOR THE DEPARTMENT OF POLICE FROM DESIGNATED VENDORS LISTED ON STATE OF FLORIDA CONTRACT NO. 680-000-00-1, ON AN AS NEEDED BASIS, EFFECTIVE THROUGH SEPTEMBER 30, 2001, AND SUBJECT TO ANY EXTENSIONS BY THE STATE, AT A TOTAL PROPOSED AMOUNT NOT TO EXCEED $80,000; ALLOCATING FUNDS FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.703. 2.6 AUTHORIZE INCREASE IN TOTAL CONTRACT AMOUNT WITH VARIOUS VENDORS, $10,000, THEREBY INCREASING TOTAL CONTRACT AMOUNT FROM $22,000 TO $32,000 ANNUALLY, FOR PROVISION OF COURIER SERVICES, UNDER EXISTING STATE FLORIDA CONTRACT NO. 991-.160-00-1, FOR DEPARTMENT OF PURCHASINGTO BE UTILIZED CITYWIDE; ALLOCATING FUNDS FROM VARIOUS USER DEPARTMENT BUDGETS. RESOLUTION NO. 01-177 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT, IN THE AMOUNT OF $10,000, FROM $22,000 TO $32,000 ANNUALLY, FOR THE DEPARTMENT OF PURCHASING TO BE UTILIZED CITYWIDE FOR THE PROVISION OF COURIER SERVICES BY VARIOUS VENDERS, AWARDED UNDER EXISTING STATE FLORIDA CONTRACT NO. 991-160-00-1, EFFECTIVE THROUGH APRIL 30, 2003, AND SUBJECT TO ANY EXTENSIONS THERETO, ALLOCATING FUNDS FROM THE VARIOUS USER DEPARTMENT'S BUDGETS, SUBJECT TO PRIOR BUDGETARY APPROVAL. 27 February 22, 2001 2.7 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH NMMA BOAT SHOWS, INC. FOR USE OF DOCKAGE SPACE AT MIAMARINA AT BAYSIDE FOR PRESENTATION OF STRICTLY SAIL VENUE OF MIAMI INTERNATIONAL BOAT SHOW FROM FEBRUARY 12, 2001 THROUGH FEBRUARY 23, 2001. RESOLUTION NO. 01-178 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION OF AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH NMMA BOAT SHOWS, INC. FOR THE USE OF DOCKAGE SPACE AT MIAMARINA AT BAYSIDE FOR THE PRESENTATION OF STRICTLY SAIL VENUE OF MIAMI INTERNATIONAL BOAT SHOW FROM FEBRUARY 12, 2001 THROUGH FEBRUARY 23, 2001, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 2.8AUTHORIZE MANAGER TO ACCEPT PROPOSAL FROM BURLE MARX & CIA, LTDA. FOR PROFESSIONAL DESIGN SERVICES REQUIRED FOR PREPARATION OF SCHEMATIC PAVING AND LANDSCAPE PLANS FOR REALIGNMENT OF BISCAYNE BOULEVARD FROM NORTHEAST 5TH STREET TO NORTHEAST 13TH STREET, MIAMI, FLORIDA; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT ENTITLED "BUSINESS DISTRICT STREET IMPROVEMENTS," $25,000. RESOLUTION NO. 01-179 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL FROM BURLE MARX & CIA, LTDA. FOR PROFESSIONAL DESIGN SERVICES REQUIRED FOR THE PREPARATION OF SCHEMATIC PAVING AND LANDSCAPE PLANS FOR THE REALIGNMENT OF BISCAYNE BOULEVARD FROM NORTHEAST 5TH STREET TO NORTHEAST 13TH STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BURLE MARX & CIA, LTDA. FOR SUCH DESIGN SERVICES; FURTHER, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 341184, ENTITLED "BUSINESS DISTRICT STREET IMPROVEMENTS," IN A TOTAL AMOUNT NOT TO EXCEED $25,000, FOR SAID SERVICES AND OTHER RELATED EXPENSES. 28 February 22, 2001 2.9 'AUTHORIZE MANAGER TO EXECUTE MUTUAL AID AGREEMENT BETWEEN CITY AND STATE FOR PURPOSE OF SETTING FORTH PARTIES RESPONSIBILITIES IN CONNECTION WITH PROVIDING OR RECEIVING OF ASSISTANCE OF VARIOUS MUNICIPAL EMERGENCY AND NON -EMERGENCY SERVICES TO OR FROM OR OTHER JURISDICTIONS IN FLORIDA FOLLOWING CATASTROPHIC DISASTER. RESOLUTION NO. 01-180 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, TO SET FORTH THE VARIOUS PARTIES RESPONSIBILITIES FOR RECIPROCAL EMERGENCY AID AND ASSISTANCE IN CASES OF CATASTROPHIC DISASTER IN THE STATE OF FLORIDA. 29 February 22, 2001 Note for the Record: No vetoes from the Mayor's Office. Vice Chairman Gort: The Mayor does not have any vetoes, and he doesn't have any agenda items. Vice Chairman Gort: I have a pocket item, which I'll bring later on. District 2, Commissioner Winton. Commissioner Winton: Yes, I have one discussion point. I think about -- I forget now, but it was five or six months ago this Commission -- it was not my idea. I forget who proffered the resolution to establish a Bicentennial Park Master Planning Committee. So, as Commissioner Sanchez -- and, obviously, I voted in favor of that. It passed. And then I was drafted -- I didn't volunteer -- I was drafted to be the Chairman of that Master Planning Committee, and... Commissioner Sanchez: Well, wait, wait, wait. Now, nobody put a gun to your head. Commissioner Teele: Doing a great job, too. Commissioner Winton: Yeah. Vice Chairman Gort: You're doing good. You're doing real good. Commissioner Teele: Move that a proclamation or a certificate of appreciation be drafted for you. Commissioner Winton: I think that Vice Chairman Gort: A big one. Commissioner Winton: Well -- and I said at the charrette -- Commissioner Teele, you weren't there, but I made a public statement that that charrette -- because the media or at least a couple of the media sources had reported that Johnny Winton was responsible for setting this up, and I made the record clear at that charrette, that it was really the vision of this Commission, not the vision of Johnny Winton. It was the vision of this Commission, which established that Master Planning Committee. I didn't even volunteer to be chairman and you all drafted me. So, the credit for this effort goes to the Commission. And when y'all established this committee, the whole purpose of that committee, if you remember, revolved around figuring out how we can design a master plan, which could create -- a master plan which would create one of the most magnificent pieces of public waterfront land in Florida, and we have an opportunity to do that. And there was no discussion about a Marlin's Baseball Stadium. That was not the mission statement. So, I accepted that challenge. Our commitment was to be completed with this effort by some time in March, and that was our original plan -- or our secondary plan, actually, because we wanted to be done by the end of December. We had to extend it for 90 days, and that drove 30 February 22, 2001 us to the end of March. But there has been a new dynamics introduced into this whole process, and that's Florida Marlin's Baseball Stadium, and we had a long, long session on this at last Thursday's Commission meeting, and there was a suggestion from this Commission that, as a part of our overall process of site selection, that our committee complete its work by March the 6th, which I agreed to on Thursday, but I thought a lot about that. And the problem that I have in presenting any of the recommended models -- and there will be more than one model that comes forward -- because, frankly, there's probably -- you could make any one of at least a dozen different kinds of models work for creating what we think will be a great public space for our community in that land mass. So, there isn't just one model or two models or three models that are the answer. There's multiple models. The problem -- the struggle that I have in bringing two, three, or four models before this Commission on March 6th is that the master planning process completely entangled with Marlin's baseball, and that wasn't the original intent of this effort at all. And the worry that I have is that, as we present these models -- there will be -- as I said, there will be two or three or four. I don't know how many we're going to end up with because there's more than one right answer -- that the focus becomes, well, jeez, I don't know if I really like that model. So, if I don't like that model, then we ought to put baseball there, and that's not the right answer here. The right approach to this should be that, in a setting that is devoid of a discussion about baseball, we ought to be looking at potential recommendations for creating a grand public area for our citizens, and it should be devoid of discussion of baseball. So, I'm going to follow the lead of this Commission, but I'm going to suggest that we may want to postpone until the first week in April, which will be after the vote on sighting or Marlins baseball. I'm going to suggest we defer until the first meeting in April or the second, whatever you guys want, a discussion on the presentation of potential models for the redesign or master plan of Bicentennial Park. Vice Chairman Gort: You're making that in the form of a motion? Commissioner Winton: Well, the last time I made a motion in my district it didn't even get a second, so I'm a little gun shy. Yes, I will make a motion. Commissioner Teele: Second the motion. Mr. Chairman? Vice Chairman Gort: It's a motion and a second. Commissioner Regalado: Third the motion. Vice Chairman Gort: Fourth the motion. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Teele: On the motion. Commissioner Winton is one hundred percent right in an academic sense. In a perfect world -- where is the planning director, Mr. Manager? The planning director and some of those smart architect people ought to be out here listening and understanding, and I -- I frequently vote based upon the facial reactions and, you know, the 31 February 22, 2001 finger waving that they may do some times. You know, if they give you the thumbs up or the thumbs down or the -- as Lawton Chiles used to say, that one finger wave. It's really important that -- I mean, that they listen to this, not necessarily participate in this because I think -- you know, Johnny, you make a very cogent and intelligent point, and in fairness to the Commission, the point that you made about the Commission creating this task force or this working group, a lot of it came from the City staff and the Planning Department when we began that real discussion on the slip, and I think, you know, the point here is that the planning process should really operate outside of the pressures of a particular project, and you begin to discuss the planning process, if the assumption is, you know, we're operating under a deadline. That's on one hand. In the -- on the other hand, Johnny, it's pretty clear to me, based upon the tremendous outpouring of the citizens, both environmental community, the parks advocate, and the so-called special interests that would like to see different projects in the parks, good special interests, (unintelligible) special interests, that it is a -- probably a slim chance to none that the committee that you're chairing is going to recommend baseball in Bicentennial Park. Commissioner Winton: By the way -- and may I interrupt for a second? I made a statement at the last Commission meeting and I made it clear, that what will not come -- we already know, coming from this committee, will not be a model that shows baseball in Bicentennial Park. So that decision has already been made from that planning perspective. So, that's why I felt so -- and I just want to clarify that point. Commissioner Teele: So, on one hand, we have a clear discussion and a decision that the committee that we've empowered to look at this will not bring forth a recommendation of any configuration of baseball in Bicentennial Park. I think that's fair to say. On the other hand, we have a request before us that includes Bicentennial Park as a site of baseball. I believe that your request should be supported unanimously by this Commission for the following reason: We're going to make a decision regarding baseball before that. If that decision places baseball in Bicentennial Park, then, obviously, many of the recommendations that will be coming forth, to some extent, have been obviated or been.... Commissioner Winton: All of them. Commissioner Teele: Perhaps. I mean, whether you take the Park West Plan or the baseball on the western side or the Mayor's plan to expand the Biscayne Boulevard -- I mean, all of those directly affect Bicentennial, but, at the same time, some of them minimize the effect of that. So, I mean, it's not, I think, a yes or no, up or down. I think, if you can indemnify this Commission to the extent you can -- particularly, in the debate and the discussion that will take place on March the 15t at least making it very clear that you ask for this delay. Because the public is immediately going to say, "Well, why aren't we hearing from the Performing Arts, the Arts Museum, or the Science Museum or the Children's Museum, or the Turtle Museum, and on and on and on... Commissioner Winton: And I'll make that perfectly clear. Right. Commissioner Teele: And, so, the only thing that I would say, in voting for this, is at least that you will use your good office and the platform of your office to say this is a decision that we 32 February 22, 2001 thought about, we collectively agreed so as to ensure that whatever process comes out of the Bicentennial Committee, if there is a need to bring it forth, will be thoughtfully and carefully thought out. And I'll go a step further. Depending upon the decision of March 15th, you may need an additional 60 days. I mean, let's assume... Commissioner Winton: Right. Right, right, right. Commissioner Teele: Let's assume -- and I'll say it publicly. I am not going to vote to put this in Bicentennial Park, on the Bicentennial Park footprint, unless that's the only other option, and I'm thoroughly convinced at this point that there are a whole lot of other options out there that the Manager and that committee and the Marlins and community need to examine more clearly. So, I'm comfortable with what you're asking for, but I'm also comfortable that you need to give us a proviso on this resolution, that you will explain to the public, particularly in the context of the public hearing on the buy -- on the Marlin's stadium, that the reason that these recommendations are not coming forward is because you, as chairman of that committee, ask that they be disconnected and that it operate on a (inaudible). Commissioner Winton: I would absolutely love to do that. Vice Chairman Gort: Under discussion. Johnny, and I would have seconded your motion, with no problem at all, and I state it publicly and I'll state it again: I will not vote for Bicentennial Park for the Marlins. But the reason I've asked that the -- still be considered -- what I would like to request from you is that, although you're not making a formal presentation, I'd like for you to state here -- along with the Planning Department -- the projects that can be built in Bicentennial. Because one of the problems that we have, we had a lot of misinformation going into the radios, and they're telling people all the positive things you use in Bicentennial. One of the arguments that's being used is, well, that park is not being used by anyone. That park is only being used by the homeless. Well, that's a mistake. Let's face it. All of us are here today. We inherited a lot of problems. We inherited a lot of problems because since I walked in this Commission, I thought I was going to have a nice good old time. I run into a lot of things and so have all of you have run into a lot of problems, and we have learned from the mistake that has been made in the past and we want to make sure we don't follow the same mistake. What I would like for you to do is -- because people are saying we're (inaudible) nobody's using it. But people are not aware - - like Watson Island. The people been dealing with Watson Island for how many years? We got some projects going to Watson Island because of the direction of this Commission, and I think we have a lot of projects that could be done in Bicentennial, and I think the public should be aware of the potential that we have at Bicentennial, that it's not going to continue to be an empty, unused park. So, if you don't mind -- I know you're not going to come out with recommendations, but I think you should come up with some of the uses that could benefit the City of Miami. Commissioner Winton: I will describe the kind of vision that I think will help them, and I'll be glad to do that. And I think the other statement that we all need to make more strongly is the fact that -- and it's an argument against that goofy argument that nothing's there -- this Commission had the vision six months ago to begin a planning process. You had already thought of that, and this Commission had no intention of leaving Bicentennial Park in the condition it was in. It was 33 February 22, 2001 the Commission's idea to begin a planning process to solve that very problem, and that started six months ago, before there was any focus of Marlins in Bicentennial Park. So, this Commission has done a lot in that regard. Vice Chairman Gort: OK. Any -- yes. Commissioner Sanchez: Mr. Chairman, let me add that, since we're under the point of discussion with the motion and a second on your motion. You're absolutely right, more than six months ago I think this Commission had a vision for that park, and you would see the community say we have a beautiful park that's under utilized, but, then again, we talk about the future, but there's nothing written down of what the future's going to hold for that park. So, through this Commission, I was the one that presented that motion to create such a committee to study the options, and then along came the ballpark idea. But the planning process must continue because, as long as we don't have a clear vision of what we're going to do, there will be others that will come along. It may not be the Marlins, but there will be others that come along and try to utilize the most enriched property that we hold. Commissioner Winton: The great land grab. Commissioner Sanchez: I've used that term before. But if one thing that we need to do -- and the whole purpose was to find ways to create a master plan to create a world park facility because all great cities have commercial, residential, and a park. So, I think that the planning process must continue, and you must, if not be able -- if you're not able to come and say this is what our master plan is, at least show sign there's something in the works because I've attended the meeting where you had more than two hundred people there, separated in different groups. Everybody putting together ideas. So, we need to put something solid that says -- because let me tell you: right now, yeah, although the Marlins are focused on that site -- I mean, there are other sites. There are other sites in this process. The process is there. The timeframe is there. The frame is there for this. But we continue to get this. Where there's nothing in solid -- written in stone of what you're going to do with that park. So, I think that the process needs to continue. Maybe -- I agree with you on timeframe. If you need more time, you know, we can't rush. We cannot continue what we did years ago, which was to rush into things, come here, be pressured to vote at the second, vote, and then five years down the line say, "woof, there goes another bad deal for the City." And that we can't continue to do. But we have to make a significant process in that study that you're doing, and you've got to come back to this Commission and say, look, this is what we want to do with it. And if you need more time, I'm willing to support that. Commissioner Winton: Yes. And I'm not saying that we absolutely have to have more time to finish our process, at least this first phase of our process. I'm not saying that. Because we could really absolutely be done by the second week in March, and if we pressed it, we could be done by the first -- I'm just trying to separate the process here so that the process gets cleaned up, and that's why I'm suggesting we move it to April, because it passed the vote date on Marlin's sighting, and that's the only motivation here. Commissioner Sanchez: And here's another thing, Johnny. I think that, you know, some of the terms and conditions that were set forth and some of the agreements that were reached, I don't 34 February 22, 2001 want to seem like we're the one acting in bad faith. I'd rather that other people be seen as acting in bad faith. So, you know, we have -- just like this Commission -- directed the legislative body to come back March the 15th and we ought to get the report by the 12th so we could clearly study the report, based on our consultants, not theirs, to make an intelligent and reasonable decision, what's in the best interest of our City. So, we -- what I don't want to send out is a signal here that we're going to be the ones now acting in bad faith because I think others -- and I'm not going to mention any names -- are the ones that are leading that pack of negotiating in bad faith. Vice Chairman Gort: OK. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-181 A MOTION DEFERRING CONSIDERATION OF THE RECOMMENDATIONS FROM BICENTENNIAL PARK MASTER PLAN COMMITTEE CHAIRED BY COMMISSIONER WINTON UNTIL THE SECOND MEETING OF APRIL (APRIL 26, 2001). Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None 35 February 22, 2001 Vice Chairman Gort: District 3. Commissioner Sanchez: District 3. Mr. Chairman, I don't have none, but I just want to clarify something here. It is my understanding that, under the City Code, committees that are extended more than a year, such as the new Orange Bowl Steering Committee, and also the Bayfront Trust must file an annual report to the City Manager and also must report to this Commission the status of what they've accomplished. Now, what I want to do here -- and I'm going to ask you, Mr. City Attorney, am I right to make those statements? Is it based on a quarterly report to the Commission and a yearly to the City Manager? Alejandro Vilarello (City Attorney): Generally, the permanent boards of the City require an annual report either to the City Manager or to the City Commission as appropriate, but it's not a true rule all the way through. But most of them do. And then the minor -- the ones that are -- only last one year, generally don't have that requirement. Commissioner Sanchez: Well, I'll tell you what I'm going to do. Being the Chairman of the Bicentennial, I would ask that... Commissioner Teele: The what? Commissioner Sanchez: Bicentennial. I'm sorry. Bayfront Park Trust. Thank you for clarifying that. The Bayfront Park Trust, I would like that they be placed on the next month's agenda so I could give this Commission a report and also report to the City Manager on the record because we're making progress here in the City. I'm telling you. There's a resolution that's going to be coming in front of this Commission today that we need to start doing away with committees that are not meeting. Can't even get a quorum; it delays the process; it interferes with City business, and I'll get to that later because I'm going to bring out Planning and Zoning not having quorums. I mean, that's pathetic. That is pathetic when you don't have a quorum and then, on a PZ item, they come to us with only one recommendation, and not the recommendation for the Planning and Zoning, and then it's not the developers' fault because, basically, you're really adding time that wasn't their fault to the matter. So, that's one issue that we need to correct. But getting back to the committees. I think it's not only in the City Code, but in the best interest, that each and every one of us who sits on one of those committees report annually to the City Manager and to this Commission. This Commission needs to know what's going on at Bayfront Park, what's going on with the Orange Bowl Steering Committee, because you never know what's going on in this committee until something big happens, and then, you know, you start inquiring with the members that you placed on that committee. So, I would like -- if it needs a motion, I will do it - - to have -- to put this on the agenda for the next Commission meeting, where I will give this Commission and the City Manager a report both on Bayfront Park Trust and the Orange Bowl 36 February 22, 2001 Steering Committee, which are the two boards that I sit on. So, Mr. City Manager, if that could be placed on the next City -- Commission agenda. Mr. Carlos Gimenez (City Manager): Yes, sir. Vice Chairman Gort: Thank you. I don't think you need a motion for that. Commissioner Teele: Let me, if I may, on that point. Commissioner Sanchez: Yes, sir. Commissioner Teele: I think Commissioner Sanchez is right, although I always nervous about the self-congratulations that generally go on in most legislative bodies. But I do think that the City has made a lot of progress. I think one of the things that we have really got to do, as I continue to say, is that we've got to organize ourselves, legislatively, so that we are providing the other of the essential function of a Commission, legislative body, and that is oversight. Appropriations is what we're here for. To appropriate; to approve appropriations, and to provide oversight, and what Commissioner Sanchez is talking about, specifically, is the oversight -- our oversight role, which unbelievably is really not structured. I think the Attorney and the Manager and particularly the Clerk -- this should fall directly under the Clerk's purview -- that the Clerk should be responsible, in every Commission meeting, in having an agenda item in which we schedule and plan out the various boards that operate under this City's ordinances and charters, for the annual review or the semi annual review -- which should not do this when everybody feels like it's convenient, and you wind up rushing and everybody's trying to do it. And the Clerk should be responsible for coordinating those presentations. We should have a presentation each month or each meeting and spread them out so that we know exactly when they're going to be coming forth. And I think that would be extremely helpful in terms of just ordering the flow, but also giving us an opportunity to have more oversight over some of the things that we're doing. So, I agree with you, Commissioner Sanchez, even the issues such as the Orange Bowl process. We need to hear from that. I mean, annually, just as a point of information, so that we know where we're going, and to use that as an example, but we have a number of committees. On the point that the -- and I would ask that the Manager and the Attorney and the Clerk come back with a recommendation, if you deem it appropriate -- say again. Vice Chairman Gort: I'm sorry. But I believe we need -- we do have a process, and, I think, if you want to amend it or change it, we need to change it. Commissioner Sanchez: No. It's just not being followed. Vice Chairman Gort: No, no. Commissioner Sanchez: No. No, no, no, no, no, no. The City Code requires that -- Commissioner Teele: In January, I think... 37 February 22, 2001 Commissioner Sanchez: -- that we direct -- but it doesn't happen. And we have the legislative body. See, we are responsible. We need to know -- hey, you know, the Orange Bowl Steering Committee, although I'm the chairman of it, you are much entitled to know what's going on in that committee. Commissioner Teele: We should have a calendar, is what we're talking about. Vice Chairman Gort: Commissioner, I agree with you a hundred and fifty percent. Every January I get the reports from the different committees. I sit down and read them. What I'm saying is, there is a process. We want to change it, let's change it. Commissioner Teele: Well, I'm not proposing that we change the process of when reports are submitted. That's the process. What I'm proposing that, as a legislative body, we schedule a calendar in which each of these agencies are going to come forth to us and discuss and present their reports, as Commissioner Sanchez is operating. And to my knowledge, we don't have a calendar. We don't have a clear understanding as to where those bodies are. Now, on the other point -- and the planning director, again, they got shot down on some recommendation that was presented to us in a Commission meeting -- I don't even think it got a second -- on eliminating or consolidating some committees. I don't think anybody understood what was being proposed, but Johnny Winton, at the time it was being proposed. I went and asked the planning director why does it take so long to do -- and I asked a specific question and she said, directly, well, because you all won't follow our recommendations is why it takes so long. She didn't say it exactly like that, but she said we afforded you an opportunity to reduce the time. And, again, I think a part of what needs to happen, Mr. Manager, is that your staff needs to come by and explain to us some times -- especially those matters that relate to changes in ordinances and procedures, as to what it is we're proposing to do. But I think what Commissioner Sanchez is saying is one hundred percent right, and I support it and I would really hope that the Manager, the Clerk and the Attorney would agree on a process and establish a legislative calendar in which these agencies know when they're going to come to us. 38 February 22, 2001 Commissioner Regalado: If I may, just very briefly. You know, one of the problems some time -- and Commissioner Sanchez was raising the issue of not having quorum. Sometimes we don't appoint people and it goes on and on and on and on and on. So, I would think that we, ourselves, should make us appoint people. Is it my turn now? Commissioner Teele: No. It's my turn. Vice Chairman Gort: I'm sorry. Go ahead. Commissioner Regalado: No, no, no. Are you finished yet? Vice Chairman Gort: I'm going after Johnny. Commissioner Regalado: Is it -- Mr. Chairman, you're finished? Vice Chairman Gort: Yes, sir. Commissioner Regalado: Oh, OK. Commissioner Sanchez: Yes, sir. Commissioner Regalado: So, it's District 4. Vice Chairman Gort: It's your turn, District 4. Vice Chairman Gort: It's your turn, District 4. Commissioner Regalado: So, it's District 4, OK. Several days ago, the Manager sent a memo saying that the City has some surplus vehicles and that he was offering, through the Sister City Program, to donate some of these cars or pickups. I have a resolution here -- I spoke to a delegate of the President of El Salvador. Three earthquakes in less than a month have destroyed the infrastructure of 126 municipalities. They don't have anything at all. So, I have a resolution here classifying five surplus pickup trucks or automobiles as category "A" surplus stock, and authorizing the donation of such vehicles to the country of El Salvador, to be used by El Salvador into earthquake rescue and recovery efforts, contingent upon El Salvador accepting those vehicles in as is condition, providing all transportation, packing and shipping costs, and authorizing the City Manager to execute the release documents in a form acceptable to the City Attorney. The government of El Salvador is willing to take care of the transportation. You know, as long as the pickup works. I read through the list and there are several pickups. So, Mr. Manager, I'm moving this resolution, provided that we still have the vehicles. Carlos Gimenez (City Manager): Yes, sir. 39 February 22, 2001 Vice Chairman Gort: There's a motion. Excuse me a minute. There's motion. Is there a second? Commissioner Teele: Second. Vice Chairman Gort: Discussion? Mr. Manager. Mr. Gimenez: Yes, sir. I found out we still do have the vehicles, but that I had given the OK to sell the excess vehicles because there was no takers, but we -- that hasn't happened yet, so these vehicles are still available and we'll be able to make them available. But I want to put on the record that fairly soon these vehicles will be sold at auction, so if anybody else has any other needs for Sister Cities to give it to us, so that we can take those off the sell block. Commissioner Regalado: OK. I'm talking on this resolution of five pickup trucks. Mr. Gimenez: Yes, sir, we have these available. Commissioner Regalado: OK. Commissioner Winton: What's the value, any idea? Frank Rollason (Assistant City Manager): I think we get something like seven hundred and sixty dollars ($760) average, per vehicle, or something of that sort. There was a back ... Vice Chairman Gort: And you are? Mr. Rollason: Frank Rollason, Assistant City Manager. Vice Chairman Gort: Thank you, sir. Mr. Rollason: Thank you. Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Commissioner Teele. Commissioner Teele: On the motion. Do we have a Sister City in Ecuador? Commissioner Regalado: El Salvador we're talking. Commissioner Teele: El Salvador, I mean. OK. Mr. Gimenez: No, sir. Commissioner Teele: OK. Look, I think this is what Miami used to do. It used to be about. One of the reasons that Miami is Miami, with all due respect to staying out of foreign policy, is 40 February 22, 2001 that Miami really is the gateway. It's sort of the big sisteribig brother. The only thing that I would ask is that you specifically coordinate with the Consul General's office here in Miami, Commissioner Regalado, on this, and arrange for the Consul General to present himself or herself before this Commission at an appropriate time because, you know, sometimes these things get lost in the shuffle. The other... Commissioner Regalado: Right. Next meeting he will be available to come here. Commissioner Teele: And I think we should have an appropriate opportunity. The only other thing that I would ask is that the Police Chief be asked to coordinate this activity, and the reason for that is: We have began to establish a very fragile process of working with the police chiefs in our whole hemispheric summit of police chiefs. Now, what I don't want is to see these go to Police Departments, you know. One for you and four for me kind of thing. But I do think it will build a closer bridge and it will ensure that we don't have any of the problems that we've had in previous -- at least allegations of previous surplus, you know, going for political purposes or going astray. So, I would ask you, on the record, would you allow, through the Manager's office, that the Police Chief 's office be involved in the coordination with the police chief there, the police there in that country, to sort of ensure that our intent is carried forth? Commissioner Regalado: Oh yeah. Absolutely. Let me tell you. This -- the best thing to do this is to coordinate, I guess, with the national police in El Salvador, and because this goes to the central government. Since there are 126 municipalities, all of them were hurt by the three earthquakes. They don't have the resources. So, the central government will say, you know, this is the people that need it most or whatever. So, but -- but as Commissioner Teele says, you know, this is -- when people see -- recently a minister from El Salvador came here and the first thing that he asked was, you know, where is the City of Miami? Where is the City Hall of the City of Miami, and you know, can you help us because Miami is what they looked at from Central, Latin America as the people that would be able to help them, and they came here. They did a radio marathon. Were very successful, and they're willing to take this and transportation and all that they take care. So, consul would be here next meeting. Do we need to vote on it? Commissioner Teele: Yeah. Vice Chairman Gort: OK. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 41 February 22, 2001 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 01-182 A RESOLUTION OF THE MIAMI CITY COMMISSION CLASSIFYING FIVE SURPLUS PICKUP TRUCKS OR AUTOMOBILES AS CATEGORY "A" SURPLUS STOCK; FURTHER AUTHORIZING THE DONATION OF SUCH VEHICLES TO THE COUNTRY OF EL SALVADOR, TO BE USED BY EL SALVADOR IN ITS EARTHQUAKE RESCUE AND RECOVERY EFFORTS, CONTINGENT UPON EL SALVADOR ACCEPTING SAID VEHICLES IN AS IS CONDITION AND PROVIDING ALL TRANSPORTATION, PACKING AND SHIPPING COSTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE RELEASE DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None 42 February 22, 2001 Commissioner Regalado: The second item. I have here some documents that I would like to give to the Manager and to the Planning director, Ana Gelabert. It's what they call a "Vision For The Way." And let me tell you what it is. A "Vision For The Way, Coral Way." There are three people that recently bought property in Coral Way, and they're very enthusiastic, and they want, by themselves and by the their own efforts and this merchants, to do things like art festivals, and, for instance, in the Sears parking lot, in the Winn Dixie parking lot, to do art shows on the Way, but they're willing also to plant trees, to fix the median, to light the trees. Mind you, I remember Jim Kaye did a study when I asked him three years ago, and to light a tree in Coral Way cost about eight thousand dollars ($8,000) because you can't -- you have to have it from the bottom up. So -- but they're willing to pay that. They're willing to tax themselves to make Coral Way sort of a Miracle Way continuation. So, I will give Ana these ideas, and, then, maybe, on the second meeting of March, you'll give us a report of what's feasible or not, and then we'll start. Because it requires ordinance and all that. Vice Chairman Gort: OK. Commissioner Regalado: OK. Vice Chairman Gort: Do you need a motion on that? Commissioner Regalado: The other -- I just had a question. Commissioner Teele: I'd like to call the question on the previous motion. That's the motion on the ... Vice Chairman Gort: We did. Commissioner Regalado: Right. Commissioner Teele: Oh, did we? Vice Chairman Gort: We did. Commissioner Teele: All right. 43 February 22, 2001 Commissioner Regalado: Yeah. OK. The other thing -- the other thing is a question for the City Attorney. You were talking hereof reports from the committees, and they need to file report every year, right? Alejandro Vilarello (City Attorney): Each board is established with its own rules. Most of them have a reporting requirement either to the Manager, who then reports to the Commission, or directly to the Commission. Commissioner Regalado: OK. Mr. Vilarello: So, it depends on the particular board. 44 February 22, 2001 Commissioner Regalado: Does the Mayor have to say a state of the City address by January? Mr. Vilarello: I believe by January 31St is that? This Mayor is to do a state of the City address -- to submit... Commissioner Regalado: I may not have been invited because I never am, but did he make any statement of the City address? Carlos Gimenez (City Manager): Best I know is, no, sir. Commissioner Regalado: So, what -- we don't have it? Mr. Vilarello: By January 31St of each year the Mayor is to provide a state of the City address. Commissioner Regalado: So, what do we do without the state of the City address? Mr. Gimenez: It's my understanding is Mayor is preparing to -- getting the materials ready to make a state of the City address in the near future. I know that we're working with members of the staff to give him the information. So, I anticipate more in the near future. Commissioner Regalado: Is that in the City Charter? Mr. Vilarello: Yes. It's one of the enumerated powers and duties of the Mayor in the City Charter. Commissioner Regalado: So, what happens when he doesn't do it? Mr. Vilarello: There is no penalty provision with regard to the failure to comply with that particular provision. Commissioner Regalado: OK. Vice Chairman Gort: Does that conclude Commissioner District 4? 45 February 22, 2001 Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Commissioner Teele. Commissioner Teele: Two or three housekeeping things. It's 11:30. I know that one of our colleagues normally leaves at 11:45. We didn't get started until 11, and I would -- today is February the 22°d. I would move that the third week of February to be designated as the unofficial campaign kickoff for Mayor day every two years in the City of Miami. It's pretty clear what's going on, and I want to apologize because I think we've got people here that are here on public speaking items, and I would ask that my opportunity to address the Commission be deferred -- I'm only joking, Mr. Attorney. That was a joke. Commissioner Regalado: It's every four years. Commissioner Teele: Oh, every four years. But I think we should allow those persons that have public appearance, that are scheduled be allowed to speak because we're going to run out of time. I do have several items and I would like to regain my time, if that's acceptable to you, Mr. Chairman? Vice Chairman Gort: No problem. 46 February 22, 2001 Vice Chairman Gort: Item 4, Karen Cartwright. Ms. Karen Cartwright: Good morning. My name is Karen Cartwright, and I live at 1770 Northwest 5th Avenue, in Miami. Mr. City Manager, I requested this forum because I'm confused. This is a mode of communication in the City of Miami administrative offices. What is the accepted language conducting business in the City? In fairness, Mr. Manager, our employees should not be asked to be bilingual, if one segment of the community refuses to participate. Parks and recreation and building maintenance are two departments where bilingualism does not work. It becomes -- it can become an extremely dangerous situation in an emergency. What other forms of media can be used to advertise vacant positions? Apparently, your current forms of advertising are not meeting the demand. Mr. Manager, Mr. City Attorney, what is the policy regarding employee starting and operating a business from a City park? If such an agreement exists, how does the City benefit and how many employees enjoy these privileges? Does the baseball academy at Grapeland Park have a contract and, if not, why not? Does the academy give City documentation concerning revenues collected, liability insurance, and other paperwork associated with their day-to-day operations? If not, why are they still in business? What is the status on bids to replace the Overtown shopping center's roof and air conditioning system? Are there bids in circulations to find a painting contractor, maintenance contractor to replace ceiling tiles, clean and an sanitize the air conditioning ducts; and electrical contractor to repair and replace lights and signs in front and rear parking lots, also include the breeze way. Include a contractor to resurface front and rear parking lots and to allocate parking spaces that meet Code. Can the department of Public Works install steps in the rear of the NET (Neighborhood Enhancement Team) office? Who is responsible for installing drainage? The rear parking lot's drainage is inadequate. The tenants' needs should be addressed expeditiously. Please explain the terms of the contract under which Crown Supermarket is operating, compared to other businesses operating in the shopping center and expound on the differences, please. What is the City's position on abandoned and dilapidated structures that owners do not secure? Can we step up the Code compliance on properties that are in default? My heartfelt thanks to the Code Enforcement staff in Overtown. They're doing a great job with the limited resources. Will the Overtown NET service area receive a sanitation inspector; say in the next month or two? Where are the trashcans? Why are motorists allowed to park on 4th 47 February 22, 2001 Avenue, between 15th and 17th Streets, and 19th Street, between 5th Place and 5th Avenue? Why are there no signs posted discouraging this behavior? Can we ask the Police Department to enforce the no parking area, although, there are no signs posted and then get them posted? Can I get a specific date when 9th Street, between 2nd and 3rd avenues will be accessible? It is creating problems for motorists that are unfamiliar with the area? The homeless also use it as a feeding site and we would like to discourage this activity. Commissioner Teele: Mr. Chairman, on that point. I'm not -- I don't want you to lose your point, but this is a very, very important public safety point. I witnessed two cars that were obviously either tourists or people trying to get up on the ramp on 95, and they come down 3rd Avenue. It dead -ends there at 91h Street. You know the problem. They immediately turn and they're disoriented, most of them are not ethnically a part of that community. So, they pick up speed only to see the street dead ends there; hit the brakes and -- I mean, that is a -- you've got a very, very serious accident waiting to happen down this for a number of reasons. It's also -- you know, people who see it see it also as a potential target -- crime opportunity target for people because they're sort of caught in a trap. So, we need to make some decisions. This thing has gone on and on and on and on, but this needs to be a decision. This is a public safety issue, and not that any of the other things are not public safety, Karen, but I wanted to certainly weigh in on that point. This is a point that is gone around. It's a sensitive point, but it is reaching a point that, I think, you're going to have a problem there and we're going to have some real risks if we don't get it resolved. Karen, I don't mean to interrupt you, but please go a head. Ms. Cartwright: OK. How soon can we expect the department responsible for posting signs in the parks to install the following signs: No driving or parking on the grass, no dogs allowed without a leash, no alcoholic beverages allowed, no parking beyond this point. Which department is responsible for the extermination, fumigation, to remove vermin in our recreational facilities? Mr. Manager, we have rats in there that look like young kittens and I don't have any problem with them running amuck anywhere else, but I do have a problem when it is my children. How soon with we expect a biographical plaque on Mr. Williams? Since we named the park at 1717 Northwest 5th Avenue in his honor, no one seems to know much about him. Mr. Raul Garcia promised me a approximately 18 months ago soil in Williams and Gibson Parks. Can I get a firm commitment as to the delivery? Does the City employ a landscaper? If so, is he only working at Curtis Park? Can anyone explain why Curtis Park has three maintenance men and also uses the property maintenance crew? We do not see that type of activity in any other park, to any knowledge. When the City purchased equipment for the Parks Department, is it for a specific park or is it used all over the City? Example, a pool pump, golf carts, et cetera. Curtis Park has equipment that is not apparently available at other parks, such as a golf cart and a pool pump. They could require one other parks -- at what other parks for them to enjoy the same quality of service. Illegal dumping an illegal drugs are still a major concern in Overtown. What happened to police VIP (Very Important Person), investigation and prosecution of these cases? These are extremely serious issues that need to be addressed by a variety of departments, and the Overtown community would appreciate you having them addressed in an efficient and punctual manner, instead of allowing them to slip through the cracks again. And on the back of it, 48 February 22, 2001 I gave you Overtown shopping center needs, and the coup de grace, the black precinct on 11th Street and 5th Avenue. Gentlemen, this has been before you on more than one occasion. Not you, Mr. City Manager, but it has been here before. And I would like to know if there is a problem that the Miami community police, not the Miami community police Benevolent Association, but the Miami community police, who has formed a new organization, Major Smith, Sergeant Otis Davis, and others who are retired officers, I'm sure they would appreciate you all looking very favorably on that particular item. Thank you. Commissioner Teele: Mr. Chairman, let me request that the Manager assign someone to respond, point by point, with this and provide a written response to Ms. Cartwright and to my office, and after that response, perhaps we can have a meeting in City Manager's Office, with that person and the various people and myself to go through this. Ms. Cartwright has approached me, individually, on three or four occasions on some of the elements of this and to the extent that much of this is here -- I accept some of the responsibility for that. I have continued to say one thing, and the IT (Information Technology) consultant was visiting with me, with your -- the I T director, and one of the things that's very clear is that we do have the vestiges of a separate but equal system in the City of Miami today. The NET Offices are separate and unequal, and one of the things Chief wheeler and others that I really want to see is a plan to bring the NET (Neighborhood Enhancement Team) Offices up to a common standard of staffing, not based upon if that NET has it, but there needs to be a plan to ensure a common staffing based upon population, based upon area, based upon any objective criteria and equipment. I will put on the record, I had... Commissioner Winton: And facilities. Commissioner Teele: And facilities. I had to go out and borrow and bum chairs and desks for the Little Haiti NET Office, and that's embarrassing, because this City should have the resources, based upon the fact that we collect taxpayer money. Nobody in Little Haiti gets a discount on taxes, and nobody in Overtown gets a discount and we should have one standard. If there are pool pumps in Curtis Park, or in Hadley Park, there should be pool pumps at the Gibson Park, Williams Park. So, I'm not making any statement because I'd really like to get the facts, and I appreciate the fact that Ms. Cartwright, quite candidly, has done what some of these other committees are charged to do, and that is bring an intelligent report here, not charging and pointing your fingers, not yelling and screaming, it's more work here than five people could do in the next two months. Ms. Cartwright: Trust me, it took a lot of effort. Commissioner Teele: And trust me, we appreciate that. And all of the Commissioners appreciate that. And it's a very intelligent statement, without embellishing, and I think you should -- I know that you are to be commended for coming forth. And what we need to do is let the Manager respond to those in writing, and ask someone to work with you. 49 February 22, 2001 Ms. Cartwright: And before I leave, I'd like to ask Chief Martinez. Commissioner Teele: Through the Chair. Ms. Cartwright: Yes. I'm not new -- I'm new to your protocol. Chief, on the record, I would like to have the PST (Problem Solving Team) office taken care of, ASAP (As Soon As Possible), of all the items on the back of that package need to be addressed. All of them. I know you don't have -- I know you do not care carry that responsibility, but I want you to be aware of the fact that they are operating in a building. The roof is leaking. The building smells, and they're breathing mildew spores, and trust me, when they come into you, Mr. City Manager, or to Risk Management and say they're sick, I do not want to hear "we don't know anything about it" because you wouldn't put your family at that kind of risk. Thank you. Vice Chairman Gort: Yes, sir. Mr. Carlos Gimenez (City Manager): Mr. Chairman? Vice Chairman Gort: Yes, sir. Mr. Gimenez: Yes. We agree with Commissioner Teele that we're now in a plan to -- CIP (Capital Improvement Program) plan to upgrade all the NET (Neighborhood Enhancement Team) offices. I agree that, when you go in there, it's a mismatch of furniture. It doesn't look -- does not look professional; it's not good image for the City. We need to spend the money and do it right. And Dennis Wheeler is working on that plan, and also, in terms of staffing, make everybody in all the NET (Neighborhood Enhancement Team) offices equal, and we (inaudible) met up the certain standard that we can all be proud of when we walk into the NET (Neighborhood Enhancement Team) office. Commissioner Teele: Thank you, Mr. Manager. Vice Chairman Gort: Yes, ma'am. Rosa Green: May I speak, Mr. Chair? Good morning, Commissioners. Rosa Green here, and I would like to piggyback on what Karen Cartwright had said. Even though we live in the same community, we are miles apart because I had no idea that she was going to bring issues here, but I have to also commend her, being a resident of the Overtown area. I'm really concerned about the part on the back, the Overtown Advisory Board. Since Mr. Teele and you guys appointed me to that board, but it's my understanding, Mr. Manager, and to all of you Commissioners, that these things that she has here might be very important, but it's my understanding that we have no money, and I don't understand how board can operate or why would we need these things that we don't have a budget? Can somebody tell me that? Because if I'm going to be a part of it, I need to know how a 50 February 22, 2001 do we -- how are we suppose to raise money or what really is our function? Because it was my understanding that we're supposed to listen to the community and one out of the group was suppose to convey that to you as Commissioners, but evidently the purpose of the Overtown Advisory Board, I don't have a clear understanding, and I need that verification because I want to know why would we need the telephone and the conference tables and all of that if we don't have a budget? Also, one other thing, Commissioner Gort. I understand that the other areas -- we're the only areas that have Overtown Advisory Board. So, can somebody please explain that to me because I need so many and when I speak, I speak for the poor people of my community, as well as myself. Commissioner Teele: Well, let me say this, Ms. Green. Ms. Green: Yes, sir. Commissioner Teele: I think you know probably better than I do, the Overtown Advisory Board was created largely by the frustration of Mayor Maurice Ferre. Ms. Green: No, I don't. Commissioner Teele: And J. L. Plummer, at the time. Because so many people were coming down saying what Overtown needed, and the things that were being said were not in con -- were not consistent, and at one point you had things like the Miami Heat organization committed to build a field house, they appointed a committee, and then another group in Overtown said, we don't want a field house in Overtown. And, so, it was a frustration thing. And, Mr. Clerk, I would ask you to go back and research the record with those early meetings and discussions on how the Overtown Board was created. I will say this. I'll say this. What Ms. Cartwright did just a few moments ago is the best reason why you don't need these boards, the way -- Ms. Green: That's right. I will agree. Commissioner Teele: -- you're setting them up. Because as long as the Commission is open and anyone can come down and present grievances, then there's no reason to create these boards. Because I can tell you, the Overtown Advisory Board has done some good; they've done a lot of things that I agree with; they've done some things that, quite frankly, have created a lot of confusion, and I, for one, believe that one of the things -- just like we did with Community Development boards -- when we created a system of single member districts, you don't have five Commissioners representing one area saying, I'm confused. And, so, certainly, as a part of the sunset process, that's going to be one of the issues because the Overtown Advisory Board makes demands for space, for this, for staffing, for money, that other communities don't have, and I really do believe that, in Overtown, we have a unique community, a unique history, but we have to have one form of government that works for everybody, and I can tell you this: I defend why we have an Overtown Advisory Board every time I go to Little Haiti because the Haitians now want to create a Haitian Advisory Board, and I can see where this is going to wind up going. So, I'm just saying, on the record, that I think we need to review all of these 51 February 22, 2001 committees and that's not the issue on the dais today. I think there are some legitimate issues in Overtown and I would hope that the Manager is going to deal with them. And once the Clerk gets that information, I'll ask that you be made -- given a copy of that, Ms. Green. Ms. Green: I certainly do thank you, Commissioner. Vice Chairman Gort: Thank you, ma'am. Thank you for coming forward. Ms. Green: And thank all of you. [At this point Commissioner Regalado left the Commission Chambers at 11:45.] 52 February 22, 2001 Vice Chairman Gort: Item 5 is the Rocka Malik. Rocka Malik: First, I'd like to thank Commissioner Teele for letting us speak before our time. And I'm the executive director of an organization called Balere, Inc., and what we are is a non-profit that promotes and encourages the teaching and learning of foreign languages and cultures, and it's three people in the office and it's a group of about 12 teachers of Portuguese, French, (inaudible) and other languages. And we were incorporated in 1999, and since then we've had homework helpers, where we give free assistance to eight areas elementary schools in Perrine and Cutler Ridge. We have business classes where we teach different languages to business communities on Brickell Avenue, and we also have classes of different languages in the evening for adults and children, and we'd like to have a language fair in Peacock Park that will showcase 25 different languages, and we have contests that are approved from Dade County Public Schools in French, Spanish and German for the children to come and showcase what they've been learning for the year. And we're here to ask for a fee waiver for in-kind services, and also that we got a grant from cultural affairs for three thousand dollars ($3,000) and we'd like to have this add up to three thousand so we can do the event and it will be free for everyone. Commissioner Teele: Do you -- Mr. Chairman, may I? Vice Chairman Gort: Yes, sir. Commissioner Teele: Does your grant require that you have matching funds? Ms. Malik: Yes. We have matching in-kind services already. We have sponsors. Air Trans donated two tickets that we'll give to the public, raffle off, and we have local restaurants that have donated lunches, French lunches, and Spanish lunches. Commissioner Teele: I'd like to hear from staff on this. Christina Abrams (Director, Public Facilities): Christina Abrams, Department of Public Facilities. Commissioner Teele: Mr. Chairman, may I welcome Ms. Abrams back? I heard that she was back, but this is the first time, I think, you've been before the Commission, and we ... Ms. Abrams: Thank you. Glad to be back. 53 February 22, 2001 Commissioner Teele: You had an abled assistant representing you, but we missed you. Ms. Abrams: Thank you very much. The event, the estimated costs for both the City services and the permit fees is 9,778. Commissioner Winton: Could you break that out again -- Commissioner Teele: Nine thousand. Commissioner Winton: -- and tell me what the ... Ms. Abrams: Excuse me. We'll give you a copy. Commissioner Teele: What's the assumption of the number of people? Commissioner Winton: What did you ask? Commissioner Teele: The assumption of the number of people that this is based upon. Ms. Abrams: Three thousand. It's what she wrote on the application. Ms. Malik: Right. That was in December. When we had to turn in our grant, we put three thousand, but, actually, they'll be about -- between five hundred to a thousand people because it's for students... Commissioner Teele: Five hundred now? Ms. Malik: We'd have students. Lina Blanco (Special Events Coordinator, Public Facilities): The costs will be lowered if... Vice Chairman Gort: Name. Your name and address. Your name and department. Ms. Blanco: Lina Blanco, Special Events Coordinator, City of Miami. Commissioner Teele: Special what? Ms. Blanco: Events Coordinator. Commissioner Teele: Mr. Chairman, I would move that this item be deferred and that the staff -- that the Manager assign someone on the staff to work with the Event Coordinator for the next Commission meeting, that it be brought back. I know this is a May 5th event, and I would particularly like to see the Parks Department be involved to determine whether we can co-sponsor this. We're always talking about celebrating diversity and I can't see anything that is more helpful than encouraging languages. I really would like to 54 February 22, 2001 understand where the people are going to be coming from and what the benefit to the residents of the City of Miami are going to be? But I don't think there's anything more important, from the African American perspective, than encouraging our citizens, our students, particularly, to be bi- and tri -lingual, and it's something that I would like to support, but, obviously, nine thousand dollars ($9,000) is a little rich for my blood, but I would move that it be deferred, with instructions that the Manager work with the organizers and bring it back at the next meeting to see if there's any way we could provide support. Vice Chairman Gort: Further discussion? Commissioner Teele: Is that acceptable? Vice Chairman Gort: Hearing none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Vice Chairman Gort: Thank you. 55 February 22, 2001 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-183 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 5 (REQUEST BY ROCKA MALIK, EXECUTIVE DIRECTOR FROM BALERE, INC. FOR IN-KIND SERVICES, WAIVER OF PERMITS, ADMINISTRATIVE FEES, ET CETERA, FOR THEIR "LANGUAGE FAIR," ON MAY 5, 2001; FURTHER INSTRUCTING THE CITY MANAGER TO DESIGNATE SOMEONE FROM STAFF TO WORK WITH MS. MALIK TO SEE IF, IN FACT, THE PARKS DEPARTMENT COULD POSSIBLY BE INVOLVED TO COORDINATE SAME AS A CITY -SPONSORED EVENT; FURTHER REQUESTING OF THE EVENTS COORDINATOR TO CLARIFY AT THE NEXT MEETING WHERE THE PEOPLE FOR SAID EVENT WOULD COME FROM AND WHAT ARE THE BENEFITS TO RESIDENTS OF THE CITY. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Tomas Regalado 56 February 22, 2001 Vice Chairman Gort: Item 6, Michael Adelson. Michelle Adelson. Island Beat, they're not here? 57 February 22, 2001 Vice Chairman Gort: Six A. Well, we could go back to the -- Item 2 is a emergency... Commissioner Teele: Mr. Chairman, on the item that I was not able, but could we just go ahead and go through this agenda and we take mine up after lunch, please? Vice Chairman Gort: OK. Vice Chairman Gort: Item 2, a resolution authorizing a waiver of sealed bids for the purchase of Frame Relay Services. It's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Discussion? Commissioner Teele: Hold on one minute. No discussion. No discussion. Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." 58 February 22, 2001 The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-184 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5 THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S WRITTEN FINDING THAT COMPETITIVE SEALED BIDDING METHODS ARE NOT PRACTICAL OR ADVANTAGEOUS FOR THE ACQUISITION OF FRAME RELAY SERVICES FOR THE DEPARTMENT OF POLICE'S AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM ("AFIS"); WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF FRAM RELAY SERVICES FROM BELLSOUTH TELECOMMUNICATIONS, INC., FOR A THIRTY-SEVEN MONTH PERIOD, IN AN AMOUNT NOT TO EXCEED $16,909; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID ACQUISITION; AND ALLOCATING FUNDS FROM GENERAL OPERATING BUDGET OF THE DEPARTMENT OF POLICE, ACCOUNT NO. 001000.290201.6. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Tomas Regalado 59 February 22, 2001 Vice Chairman Gort: Item 3, resolution authorizing waiver of sealed bids Seeker II Disguised Camper Top Module Surveillance Platform with Upgrades. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Teele: Second. Vice Chairman Gort: OK. All in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-185 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5 THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES, AND APPROVING THE ACQUISITION OF A SEEKER II DISGUISED CAMPER TOP MODULE SURVEILLANCE PLATFORM WITH UPGRADES FOR THE DEPARTMENT OF POLICE FROM INNOVATIVE SURVEILLANCE TECHNOLOGY, IN AN AMOUNT NOT TO EXCEED $55,981; ALLOCATING FUNDS FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT IV, ACCOUNT CODE NO. 142012.290500.6.840. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 60 February 22, 2001 Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Tomas Regalado 61 February 22, 2001 Vice Chairman Gort: Four, we've taken care of. Six. Item 7. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: On Item 6, I was -- I had notes here. I was to request a delay on this item -- a deferral on this item. They were in here this morning, and they need to get more information or deferral request that the Parks Department to work with them and to present this at the next Commission meeting. Commissioner Winton: On Island Beat? Commissioner Teele: Item 6, the Island Beat. Vice Chairman Gort: Six. Item 6. Commissioner Winton: Second. Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." 62 February 22, 2001 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-186 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 6 (PERSONAL APPEARANCE BY REPRESENTATIVES FROM ISLAND BEAT MARKETING, INC. REGARDING REIMBURSEMENT OF FEES RESULTING FROM USE OF CURTIS PARK STADIUM FOR SOCCER TOURNAMENT HELD ON DECEMBER 2,2000); FURTHER REQUESTING THAT THE CITY OF MIAMI PARKS DEPARTMENT WORK WITH SAID GROUP IN AN ATTEMPT TO RESOLVE SAID ISSUE. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Tomas Regalado Vice Chairman Gort: Thank you. 63 February 22, 2001 16. (A) EMERGENCY ORDINANCE: AMEND SECTION 7 OF ORDINANCE NO. 11970, ANNUAL APPROPRIATIONS FOR FY 2001, INCREASE APPROPRIATIONS TO CAPITAL IMPROVEMENT PROJECT ENTITLED "ORANGE BOWL STADIUM RAMPS AND IMPROVEMENTS" FROM $1,250,400 TO $1,750,400 (B) MANAGER TO DIRECT ASSISTANT CITY MANAGER. BOB NACHLINGER AND CITY'S BUDGET DIRECTOR TO COMMENCE DISCUSSIONS WITH MIAMI SPORTS AND EXHIBITION AUTHORITY AND COUNTY REGARDING UTILIZATION OF EXCESS CONVENTION DEVELOPMENT TAX FUNDS TO BE USED FOR CAPITAL IMPROVEMENT FOR JAMES L. KNIGHT CENTER AND ORANGE BOWL STADIUM. (C) AUTHORIZE MANAGER TO PROVIDE COMMISSION WITH ITEMIZATION AS TO WHERE MONIES RECEIVED FROM CONVENTION DEVELOPMENT TAX TOURIST DEVELOPMENT TAX AND SPORTS DEVELOPMENT TAX ARE GOING. (See #45) Vice Chairman Gort: Item 7. Alejandro Vilarello (City Attorney): Mr. Chairman. Vice Chairman Gort: Six A. Mr. Vilarello: Six A. Vice Chairman Gort: Six A, emergency ordinance. Commissioner Sanchez: So moved. So moved, Mr. Chairman. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Discussion. Vice Chairman Gort: Discussion. Commissioner Sanchez: Discussion. Commissioner Winton: And, Commissioner Teele, you'll probably be able to help here the most. As we all know, with the new arrangement in terms of management of the Miami Arena, for the -- this year, we'll return to the County something in the neighborhood of three million or four million dollars ($4,000,000) to the County in bed tax money. Commissioner Teele: Exactly. Commissioner Sanchez: MSEA (Miami Sports & Exhibition Authority). 64 February 22, 2001 Commissioner Winton: Yes, MSEA does. MSEA returns it to the County. And that process will go on virtually forever. Now, there will be some years where it's down because capital -- the capital improvement budget for the Arena will go up in some years, so it may drop to a million or it may drop -- but there's going to be significant money going. We need -- I think that we understand -- only half a million dollars ($500,000) or something for structure repairs for the Orange Bowl. We know we're going to have ongoing structural repair needs for the Orange Bowl, and we also know -- at least I know that, in consultation with legal counsel and the accountants that were hired to help with the settlement, that we can't access those returned dollars without going back to the County. There is no way to just divert them over to the Orange Bowl. Commissioner Teele: That's correct. Commissioner Winton: So, we ought to -- I don't know if we need a resolution or what we need to do, but we ought to set up a formal process to simply request the funds that we need for the Orange Bowl out of that CDT fund before it gets disappeared into all kinds of other things, and we're not even talking about big bucks here in terms of the overall money. So, we ought to get that on the table and have... Commissioner Teele: Let me say this. I've discussed this particular issue with the Manager and his Assistant Manager, Mr. Nachlinger. Is Bob here today? I didn't see him. Is he hiding? Carlos Gimenez (City Manager): Yes, he is. He's probably somewhere back here. Vice Chairman Gort: Yeah, he's here. Commissioner Teele: Mr. Chairman, with your permission, I would ask that Mr. Nachlinger and the Attorney and budget office prepare a resolution requesting -- and somebody needs to talk to Orange Bowl Executive Director and get him in the loop on this -- requesting that the City staff be instructed to commence discussions with the County regarding the utilization of these funds for the Orange Bowl and for the Knight Center for appropriate capital activities. In other words, we need to try to loop around -- to do a wrap around on those funds as appropriate. Now, let me just say this. I think it's important that we do that today because around the 15th of March -- I'm going to be honest with you -- I'm going to have at least 7 to 10 conditions on anything that we do, if I can get a second, and support because I think the way you deal with some of these issues is, you really have to find a vehicle in which this becomes something that everybody win wins, and so, I don't think we ought to make this a hostile action... Commissioner Winton: I'll probably be willing to second. Commissioner Teele: A hostile action, but it's the kind of thing -- but what we need to do, we don't need to wait until the 15th We need to begin that process and to quantify that and study that as it relates to that. So, if it's all right with you, I would ask that the 65 February 22, 2001 Manager and the Attorney draft up a resolution, for action today, instructing the staff to work with MSEA, and -- Commissioner Sanchez: The Orange Bowl Steering Committee. Commissioner Teele: -- the County, as looking for a wrap around on MSEA funds -- funds that will come out of MSEA for the Knight Center and for the Orange Bowl. Commissioner Sanchez: Mr. Chairman, if I may? Vice Chairman Gort: OK. Commissioner Sanchez. Commissioner Sanchez: I'd like to take it a step further. Not only on the MSEA funding, but the -- is it the TDT (Tourist Development Tax)? Commissioner Winton: CDT. Commissioner Sanchez: No. No, no. It's the Tourist Development -- it's. It's the TDT because I know that the TD -- the TDT... Commissioner Teele: You've got three different funding -- Commissioner Sanchez: CDT, TDT, and what's the other one? Commissioner Teele: And there's a sports franchise -- there's a sports tax as well. Commissioner Sanchez: OK. Commissioner Teele: But you've got three or four. The easy way to do it... Commissioner Sanchez: To get them all. I want to know exactly where those moneys are going because I know that DD -- one of the things that we focused on the Orange Bowl Steering Committee is to find ways to bring revenue back into the Orange Bowl for capital improvement and for repairs, which it needs. And I'll tell you what's most frustrating: is to find out that there's never any money, but then when there's an emergency, there's always money. Here you have a perfect example where two months ago, when I basically directed the Administration to find ways to see what we could do to bring funding back into the Orange Bowl for repairs, there wasn't any money. Commissioner Teele: They did it now. They're doing -- they did exactly what you told them. Commissioner Sanchez: No, no, no. But now there's money going there. But I want -- and I'd like to take it a step further. One thing is that I want you to find out TDT funds that are coming now -- I know that they're going for debt -- now, that specifically is allocated to go into stadiums. 66 February 22, 2001 Commissioner Winton: Why don't you get a list of all of those funds and the amount of money? Commissioner Sanchez: Well, report to come back where those funds are coming -- where they're coming and where they're going. Commissioner Teele: Let me be very candid with you. You can do all of that, but there's a process by which all of these funds are allocated, and that process is a process in which the County Commission serves as the arbitrator of that. You don't want to get in that line, I'm going to tell you right up front. What you want to do is hold what you've got and try to get them redistributed because the more money the Miami Arena makes, the more availability for release of funds can be done. And quite candidly, I don't even understand how we're in the box we're in with MSEA, where the more money we raise, probably the more money we give back, and that's not a smart scenario to be in if it's true. Commissioner Winton: It was in the original -- whoever did the original negotiation did a real good job in protecting the City's interest. Not. Commissioner Sanchez: But here's my problem. I'm not worried how it gets from point A to point B. I want to know what point B is doing with it and where it's going. Commissioner Teele: Well, where it goes is a matter of open record. I mean -- you mean where the County is spending the money? Commissioner Sanchez: Where the City's putting the money. Commissioner Teele: We don't get the money. The money is collected by the County, and we only get a project that we have approved through that competitive process. Commissioner Sanchez: Is the City receiving from the County's TDT funds? Bob Nachlinger: Bob Nachlinger, Assistant City Manager. The two point eight million dollars ($2.8 million) that's... Commissioner Sanchez: I'm never going to ask you a question I don't know the answer. I've learned that from the man right here. Mr. Nachlinger: Two point eight million dollars ($2,800,000) in the budget this year from the Tourist Department Tax has been allocated to the Knight Center to help support the debt service on the Knight Center. Commissioner Winton: Well, that Knight Center is still losing three million a year, right? Mr. Nachlinger: After that two point eight... 67 February 22, 2001 Commissioner Winton: After that. Commissioner Sanchez: Wait, wait, wait. Where is that little flusher? Where is the little flusher? You've got him? Give me the little flusher. Commissioner Teele: So ... Commissioner Sanchez: There you go. That's the Knight Center. Commissioner Teele: That's the Knight Center? Commissioner Sanchez: That's the Knight Center, the flusher. Flushing money away. Another one (inaudible). Commissioner Teele: What's that Texas guy's name? Commissioner Winton: But let's move on with this. I think we're kind of stuck here. I think Commissioner Teele's -- I think the point that we -- I think there's separate issues here and I think what we're directing the staff to do, in regards to the Orange Bowl, to develop a process to formally -- whatever the process is, we need to formally request the funds from the County that we're -- you know, return of those funds for these two projects, and there needs to be... Commissioner Teele: Yeah, I'm there. But I think we need to instruct staff to study it and prepare it so that we can be in a position, in the next two or three weeks, to... Commissioner Winton: And then phase II is to get -- I mean, the second Vice Chairman Gort: To get all the other reports and all the other (inaudible) OK. Commissioner Sanchez: Right. But let me tell you the long-term effect that it has. You know, we are really working hard at the Orange Bowl Steering Committee to bring more events. We have -- and now, there's a pocket item today to bring Fusion back for two games to the Orange Bowl. But if they come to the Orange Bowl, I'm not concerned about getting good attendance in soccer because we're proving that we are a viable market for soccer, but I'll tell you what I'm concerned with: the Orange Bowl looks like crap. Commissioner Winton: Right. And that's why I'm suggesting. I'm not trying to block anything here. I'm saying -- I'm not trying to interview with this... Commissioner Sanchez: And what we continue to do, Johnny -- it's like you having a house and you have a leak. You don't worry about the leak, and it's really going to cost you five hundred dollars ($500) to fix that leak, but you keep going and you keep going and then, when it's time to fix it, you're in -- you know, twenty thousand dollars ($20,000) to fix a leak. 68 February 22, 2001 Commissioner Winton: Maybe you're misunderstanding something. I didn't -- I'm not trying to interfere with this recommendation because this recommendation, I will support completely. I'm suggesting, though, that we also simultaneously go after the County to get the money, but we may not get that. We have to fix the Orange Bowl. Vice Chairman Gort: We have two motions. On this first motion was presented, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-187 A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT ASSISTANT CITY MANAGER, BOB NACHLINGER, ALONG WITH CITY'S BUDGET DIRECTOR, TO COMMENCE DISCUSSIONS WITH THE MIAMI SPORTS AN EXHIBITION AUTHORITY AND MIAMI-DADE COUNTY REGARDING THE UTILIZATION OF EXCESS CONVENTION DEVELOPMENT TAX FUNDS TO BE USED FOR CAPITAL IMPROVEMENT FOR THE JAMES L. KNIGHT CENTER AND THE ORANGE BOWL STADIUM. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Tomas Regalado Vice Chairman Gort: The second motion is by Commissioner Sanchez, requesting that the administration look and study the other sources for the tourist tax and come back... Commissioner Sanchez: No. Provide the funding and where they're going to report to this Commission. That's my motion. Vice Chairman Gort: OK. Is the motion understood? 69 February 22, 2001 Commissioner Winton: Second. Commissioner Sanchez: On the record. CDT and TDT (Tourist Development Tax) funds. Commissioner Winton: Well -- and there are two others. They'll get them all. Vice Chairman Gort: And all the Ts. Mr. Gimenez: Sports Development Tax (inaudible). Commissioner Teele: There's a Sports Development Tax and there's a... Commissioner Sanchez: All of the above. Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-188 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROVIDE THE CITY COMMISSION WITH AN ITEMIZATION AS TO WHERE THE MONIES RECEIVED FROM THE CONVENTION DEVELOPMENT TAX, TOURIST DEVELOPMENT TAX, AND SPORTS DEVELOPMENT TAX ARE GOING. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado Vice Chairman Gort: Thank you. Commissioner Winton: But, now, there's still 6A on the table. We haven't voted on 6A. 70 February 22, 2001 Commissioner Teele: Yeah, we just voted on 6A. Vice Chairman Gort: Yes, we did. Commissioner Winton: How did we do that? No, we didn't. Mr. Walter Foeman (City Clerk): We didn't vote on 6A. Commissioner Sanchez: OK. Commissioner Winton: We voted on a motion to instruct staff to go after the County to get money. Vice Chairman Gort: Move it. Commissioner Winton: This is a different... Commissioner Sanchez: So moved. So moved 6A. Commissioner Teele: Second. Vice Chairman Gort: It's been moved. Is there a second? Further discussion? Being none, all in favor state by saying "aye." Mr. Vilarello (City Attorney): It's an emergency ordinance. Commissioner Teele: Six A is an emergency ordinance, isn't it? Vice Chairman Gort: It's an ordinance. Read it. Mr. Vilarello: Yes, sir. Mr. Foeman: That's correct. Commissioner Teele: So, it has to be read. Vice Chairman Gort: It's an ordinance. Read it. 71 February 22, 2001 An Ordinance entitled - AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 7 OF ORDINANCE NO. 11970, THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2001, FOR THE PURPOSE OF INCREASING APPROPRIATIONS IN THE AMOUNT OF $500,000 TO CAPITAL IMPROVEMENT PROJECT NO. 324002, ENTITLED "ORANGE BOWL STADIUM RAMPS AND IMPROVEMENTS," FROM $1,250,400 TO $1,750,400; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Sanchez and seconded by Commissioner Teele, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Tomas Regalado Whereupon, the Commission, on motion of Commissioner Sanchez and seconded by Commissioner Teele, adopted said ordinance by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Tomas Regalado THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12025 The ordinance was read by title into the public record by the City Attorney. Vice Chairman Gort: Call the question. Thank you. 72 February 22, 2001 73 February 22, 2001 Vice Chairman Gort: Item 7. Commissioner Teele: What's the next item? Vice Chairman Gort: You guys want to stay 10 more minutes? Commissioner Teele: No. Let's go a head and finish some of this stuff. Vice Chairman Gort: Item 7 (inaudible). Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Any discussion? It's an ordinance. Alejandro Vilarello (City Attorney): It's an ordinance. Vice Chairman Gort: Read it. Roll call. 74 February 22, 2001 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE 9/DIVISION 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ ANTI DEFICIENCY ACT", TO REQUIRE APPLICATION OF THE ANTI -DEFICIENCY ACT REGULATIONS TO ALL ENTITIES FUNDED IN WHOLE OR IN PART BY THE CITY OF MIAMI, INCLUDING, BUT NOT LIMITED TO AGENCIES, AUTHORITIES, TRUSTS, BOARDS OR COMMISSIONS, EXCEPT FOR THE THREE CITY OF MIAMI RETIREMENT TRUSTS, MORE PARTICULARLY BY AMENDING SECTION 18-500 THROUGH 18-502 OF SAID CODE, DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THOSE INDIVIDUALS DESIGNATED HEREIN; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading, by title, at the meeting of January 25, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Winton, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Tomas Regalado THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12026. The ordinance was read by title into the public record by the City Attorney. 75 February 22, 2001 Vice Chairman Gort: Item 9, ratifying, approving and confirming the emergency purchase... Commissioner Sanchez: So moved, Mr. Chairman. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: Any discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 76 February 22, 2001 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-189 A RESOLUTION OF THE CITY MIAMI COMMISSION, BY A FOUR- FIFTHS AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF MEDICINES AND SUPPLIES FROM MERCY HOSPITAL INC. FOR THE DEPARTMENT OF FIRE - RESCUE, IN AN AMOUNT NOT TO EXCEED $16,000; ALLOCATING FUNDS FROM ACCOUNT NO. 110091.289301.6.860, ENTITLED "FEMA/USAR GRANT AWARD (FY 2000). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Tomas Regalado 77 February 22, 2001 19. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY; WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE PURCHASE OF EIGHTY-THREE MINER'SBOOTS` FOR US&R TEAM, FROM BOTACH TACTICAL, PURSUANT TO BID NO. 99-00-291, $12,429.25,' FOR DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS FROM GRANT" ENTITLED, "FEMA/USAR GRANT` AWARD (FY 2000). Vice Chairman Gort: Item 10. Commissioner Sanchez: So moved, Mr. Chairman. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: I can't even find it. It's missing in my book. Vice Chairman Gort: Ratifying, approving and confirming emergency purchase of miner's. Commissioner Winton: Second. Vice Chairman Gort: Any further discussion? All in favor state by saying "aye." Commissioner Teele: No. Vice Chairman Gort: One no. Mr. Alejandro Vilarello (City Attorney): Which item? Commissioner Sanchez: Eleven. Mr. Walter Foeman (City Clerk): It fails. 78 February 22, 2001 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: A RESOLUTION - FAILED Upon being seconded by Commissioner Winton, the resolution failed by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: Commissioner Arthur E. Teele, Jr. ABSENT: Commissioner Tomas Regalado Vice Chairman Gort: Go to item 11. Resolution for the increase in contract for additional work ... Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Mr. Alejandro Vilarello (City Attorney): Item 10 fails. Vice Chairman Gort: Oh, that's right. It's a -- OK. Commissioner Teele: Look, you know, I'm going to tell you something. Everything that we're approving on this agenda is an emergency. We can't get roads done. We can't get this done. We've got to go bid this. We've got to bid that. You know, I'm going to tell you, you know, Commissioners. You go through this -- I asked -- I challenge you, Mr. Attorney, you come through -- from January to now, how many normal procurements have we done and how many emergencies have we done? We get those -- these are all things that feed the truth. In other words, everything for us is an emergency. Everything that is responsible for keeping the government running is -- everything responsible for providing services to the public, well, it's going to take six months to let the bid out. And I just think, you know, we need to -- first of all, I guarantee you, there's some municipalities, there's some governmental agencies that buys miners boots by the zillions, OK? If somebody looked on the -- on a governmental list, you'd find these miners boots, but, you know, the point that I'm trying to make, Mr. Manager, is: we need to get some emergency procurements out here on things that serve this public or certainly waivers of bids to get it done on expeditious basis because it takes six months to do everything around here. So, I'll withdraw my "no" vote and change my "no" vote to a "yes" vote, but 79 February 22, 2001 I want the management to understand that we need to take care of the Simpsons, as well as we take care of ourselves. Mr. Carlos Gimenez (City Manager): Yes, sir. And we'll be happy to. Vice Chairman Gort: OK. So it's a changed vote and it passes. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-190 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF EIGHTY-THREE (83) PAIRS OF MINER'S BOOTS FOR THE DEPARTMENT OF FIRE -RESCUE URBAN SEARCH AND RESCUE TEAM FROM BOTACH TACTICAL, PURSUANT TO BID NO. 99-00-291, IN THE AMOUNT OF $12,429.25; ALLOCATING FUNDS, IN THE AMOUNT OF $10,067.69 AND $2,361.56 FROM ACCOUNT CODE NOS. 110091.280904.6.840 AND 110091.280907.6.840, RESPECTIVELY, FOR SAID PURCHASE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado 80 February 22, 2001 Vice Chairman Gort: Item 11. Point well taken, Commissioner Teele. Resolution increasing the contract for additional work at Watson Island Main Project. Commissioner Teele: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: Any discussion? Commissioner Sanchez: Discussion. Why the increase? Vice Chairman Gort: Go ahead. John Jackson (Acting Director, Public Works): Well, this is an increase basically -- John Jackson, Director of Public Works. This is for the water service on Watson Island. It's basically a number of things -- a series of events that occurred, and primarily the alignment of the water line needed to coincide with the alignment of the sanitary sewer line. And in addition to that, the Miami -Dade Water and Sewer Authority needed to, at first, only will accept both the sewer line and the water main together, and there were delays there would cause the contractor to delay. Then the next event that occurred was the -- that FDOT (Florida Department of Transportation) realign the roadway and the entrance into the island, and they covered up some of the vials and risers that we had, and we had to go back and uncover those and that's the reason for the delay -- for the delay which caused the increase in the contract. Vice Chairman Gort: Now, are we responsible or should the state be responsible? I mean... Commissioner Winton: Or WASA (Water and Sewage Authority) be responsible. Mr. Jackson: Well, we met with them and we'll be making some claims for FP &L (Florida Power & Light), Bell South and FDOT and their contractors, we met with them because they actually caused some of the problems that we had in order to finish it. Now we're ready. It has to be retested, and in order to transfer it over to water... 81 February 22, 2001 Commissioner Winton: Well, I didn't understand. Did you say we're making some claims against others? Mr. Jackson: The... Commissioner Sanchez: Then why should we be approving this? We should be waiting for the outcome of the ... Mr. Jackson: We need it for... Commissioner Teele: Well, you've got to get it done. Mr. Jackson: -- Parrot Jungle. Vice Chairman Gort: You have to get it done to service the projects that we have on the island. In other words, this will take care of all the projects within the island that we need to do. Now, what we're saying is, we're going to go after this someone to recoup these funds. That's what we're saying, right? Mr. Jackson: Yes, sir. Commissioner Winton: And you'll report back to us on how we're doing in that regard? Mr. Jackson: Yes. Yes, I will. I'd like to make one correction in the amount. It will grow from 195,000.10 by 230,000 to 425,000.10. So, that's 425,000 here. So, that needs to be corrected to 425,000 -- 10,000 -- ten dollars ($10). Commissioner Winton: OK. Call the question. Vice Chairman Gort: All in favor state by saying "aye." Commissioner Teele: Mr. Chairman, I want to, again, take the point to commend Frank Rollason. I read the internal memos, the discussions that's in there. I'm not going to get into this because I don't think Mr. Jackson -- well, let me put it positive. I think Mr. Jackson has done a good job of not letting this thing get all out here in the open on some of these delays and all that, but I think it's really important, Mr. Manager, that we move these projects. Now, this increase is about a 300 percent increase. I voted for it. But I really do think we've got to better manage these contracts and better manage -- and I really would like to get a written report on Resol, and the engineer or architect. I want to understand what the real problem is because it hasn't been put on the table fully. It's this - - if you read it and you, you know, read through the lines and can rely on some gypsy interpretation, perhaps, but we need to move these projects, and we've got a lot of projects in the pipelines that have got problems. I'm going to support you, Mr. Manager, in bringing change orders and other corrective actions to get them resolved, but we do need to go back and ensure that we don't have the same problems time after time after 82 February 22, 2001 time. I don't know if this is an engineering problem, but somebody misengineered it, or a staffing problem, but there's a problem in here that has not really been put on the table, and this may not be the time and place to do that if we're going to be going after a claim for someone. But I've read the emails and all that. It's very clear that between the budget office and the Manager's office and the Public Works office, there is a renewed sense of getting it done and I'm appreciative. Note for the Record: Commissioner Sanchez exited the Commission Chambers at 12:15. Vice Chairman Gort: Thank you. Back at three. Commissioner Winton: About 210 percent. Mr. Jackson: Thank you. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:15 P.M. AND RECONVENED AT 3:19 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPT COMMISSIONER TEELE, FOUND TO BE PRESENT. 83 February 22, 2001 Vice Chairman Gort: Commissioner Teele, we have two items to -- item 12. Commissioner Winton: Well, actually, we need again -- because he wanted to ... Vice Chairman Gort: Let's go into 13. Commissioner Winton: Yeah. Vice Chairman Gort: Discussion concerning the procedure for sunset review of all City of Miami boards and committees. You have come up with a plan. You want to do that. Item 13. Discussion concerning the procedure for sunset review of all City of Miami boards an committees. Commissioner Sanchez: There was a resolution or an ordinance. Wasn't there one passed earlier? Alejandro Vilarello (City Attorney): Mr. Chairman, at the last Commission meeting, you all discussed establishing a procedure. In fact, the City Commission had adopted a resolution last year that reviewed all of the -- in fact, established another committee to review all of the committees. I don't believe that committee has met. At the last Commission meeting, you discussed that issue again and we prepared a resolution that directs the Manager to comply with the provisions of that prior resolution, as amended, and establishes those procedures. I believe a copy of it has been passed out to you this morning. Should have Item Number 13 proposed resolution of back up information. Commissioner Winton: I thought we were going to have to appoint a review committee to review the review committee -- that can review the committees. Mr. Vilarello: That's exactly what you did last year, but you never made the appointments. Carlos Gimenez (City Manager): Actually, I served on that -- subtopic. I felt that was a very good process, to review all the committees and eliminated a lot of minutes. Commissioner Sanchez: How many -- which -- for the record, which are the committees that were removed or done away or absolved or ... Mr. Gimenez: I'm sure we can get you -- or the Clerk can get you a copy of all the committees that were eliminated and changes to the committees that were (inaudible) through that (inaudible) process, but, like I said, I assigned a staff member to that particular process (inaudible) committees that were non functioning or duplicate, 84 February 22, 2001 overlapping jurisdiction, et cetera, and in my opinion, that's something that's the City needs to do more and more. Again, (inaudible). Commissioner Sanchez: Now, this resolution that we have to vote on today, is this -- which is in front of us today, this resolution, Mr. City Attorney -- Mr. Vilarello: Yes. Commissioner Sanchez: -- and it says here that the City Manager shall deliver the City Commission the reports submitted by the chair person of each board, pursuant to section 2-890 together with any recommendations or comments that the City Manager desires to submit. And then it goes on to paragraph two, three, et cetera, et cetera. Mr. Vilarello: Section 2 requires that -- on an annual basis, that a report be made by the chairperson of each of those committees, and at this conclusion of -- and section 3 provides, at the conclusion of that process, the City Commission can determine whether or not it's going to abolish, continue, consolidate or modify the boards. But, most importantly, the first section gives the Manager the additional authority to require each of these chairpersons to provide a report to him so that he can turn around and give you a report and recommendation. Commissioner Sanchez: And it was five members appointed by us? And, of course, then they would... Mr. Vilarello: That's correct. Have there been any appointments, Mr. City Clerk? Walter Foeman (City Clerk): There have been two appointments to that board. Commissioner Sanchez: I believe I made mine. John, I forgot his last name. Mr. Foeman: Schoendorf. Commissioner Sanchez: Excuse me. Mr. Foeman: Schoendorf, S -C -H -O -E -N -D -O -R -F. Commissioner Sanchez: That's my appointment to that board. But did the time expire? Do we have to make new appointments now? Mr. Foeman: The City Attorney didn't mention it, but there was a time specific on that resolution and they set a time for it one year. I believe that resolution passed in January of last year. So, the time would... Commissioner Sanchez: So, we would have to -- OK. So move this resolution. It's a resolution of the City Miami directing the City Manager to comply with provisions contained in Section 2-892 of the Code of the City of Miami, Florida, as amended, which 85 February 22, 2001 sets forth the procedures for the sunset review of all City of Miami boards and committees. So moved. Vice Chairman Gort: It's been moved. Is there a second? Second? Commissioner Regalado: Second. Vice Chairman Gort: OK. Any discussion? Is there any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-192 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO COMPLY WITH THE PROVISIONS CONTAINED IN SECTION 2-892 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH SETS FORTH THE PROCEDURES FOR THE "SUNSET" REVIEW OF ALL CITY OF MIAMI BOARDS AND COMMITTEES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Johnny L. Winton Commissioner Joe Sanchez Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Commissioner Sanchez: And on that note, Mr. Chairman, could the City Clerk provide us with how many committees have been done away with for -- and also to provide the reason why they were done away with? One could be that they never met quorum or they never had participation. For whatever reason. Mr. Foeman: Sure. 86 February 22, 2001 Commissioner Sanchez: And just provide us with the committees that have been done away with. Mr. Foeman: OK. Commissioner Sanchez: Thank you. Vice Chairman Gort: OK. 87 February 22, 2001 22. AUTHORIZE CAP ON USER FEE OF $5,000 FOR PRESENTATION OF PROFESSIONAL SOCCER GAMES BY MIAMI FUSION, F.C. AT ORANGE BOWL ON JUNE 30, 2001 AND JULY 22, 2001; SAID AUTHORIZATION IS CONDITIONED UPON MIAMI FUSION. Vice Chairman Gort: OK. We only have one more item. We got two things. And item that -- the personal -- there's a discussion of Commissioner Teele's District 5. And we can go ahead and take pocket items if you'd like right now. Carlos Gimenez (City Manager): We have the Parking Board that's to give a report on the audit findings that you requested us to do and -- Vice Chairman Gort: Right. I understand. But I'd like for Commissioner Teele to be here, all five of us to be here at that time. This is a very important report. Commissioner Sanchez: I'm ready for pocket items, but if District 1 is -- Mr. Winton, Commissioner, do you have any pocket items, sir? (Inaudible Comment) Commissioner Sanchez: OK. You want me to go ahead with mine? Mr. Chairman, this pocket item is respectfully recommending the City Commission to adopt the attached resolution, which is a resolution of the City of Miami Commission establishing a cap of basic use fee of five thousand dollars ($5,000) per event day for the presentation of the two soccer games to be presented by Miami Fusion FC at the Orange Bowl Stadium on June the 30`h, 2001 and July 22nd, 2001; said authorization to be conditioned upon the promoter paying for all necessary costs of City services, and applicable fees associated with said event. Obtaining insurance to protect the City in the amount as prescribed by the City Manager or his designee, and complying with all conditions set forth, limitation that may be prescribed by the City Manager or his designation. So therefore, I move this resolution. Vice Chairman Gort: There's a motion. Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: Seconded. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Vice Chairman Gort: Thank you. 88 February 22, 2001 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01- 193 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A CAP ON THE USER FEE OF $5,000 FOR THE PRESENTATION OF PROFESSIONAL SOCCER GAMES BY MIAMI FUSION FC, AT THE ORANGE BOWL ON JUNE 30, 2001, AND JULY 22, 2001, SAID AUTHORIZATION IS CONDITIONED UPON MIAMI FUSION FC: (1) PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT, (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE, AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. 89 February 22, 2001 23. AUTHORIZE MANAGER TO ENTER INTO PROFESSIONAL SERVICES AGREEMENT WITH FLORIDA INTERNATIONAL UNIVERSITY METROPOLITAN CENTER TO INITIATE PREPARATION OF IMPLEMENTATION STRATEGY FOR FLORIDA EAST COAST RAILWAY CORRIDOR INITIATIVE, $100,000. Vice Chairman Gort: Any other pocket items? Commissioner Winton: Yes. Vice Chairman Gort: Yes, sir. Commissioner Winton: As you all know, this Commission some time ago authorized the creation of the -- what's called the Florida East Coast Railway Corridor Redevelopment Task Force, and funded that effort with two hundred thousand dollars ($200,000). And this is a -- we have a resolution here that will authorize disbursement of one hundred of the two hundred thousand dollars ($200,000). And I'll read the resolution, but I would like to also add that, thanks to Congresswoman Meek's office, we were asked to apply for a hundred thousand dollar DDA (Downtown Development Authority) grant. We have -- told that we've now been awarded the grant, but there's appeals processes, and all kinds of federal stuff, and we won't get that grant until -- I think October it said. But the good news is that we're beginning to leverage our money also, and Congresswoman Meek's office is working to help us get additional funds, as well. So that said, resolution -- Vice Chairman Gort: Read it. Commissioner Winton: A resolution of the City of Miami Commission authorizing the City Manager to enter into a professional service agreement with the Florida International University Metropolitan Center to initiate preparation of an implementation strategy for the Florida East Coast Railway Corridor Initiative in an amount of one hundred thousand dollars ($100,000), and further authorizing the City Manager to execute the necessary documents in a form acceptable to the City Attorney, allocating funds therefore from undesignated fund balance account code -- I have to read that? Alejandro Vilarello (City Attorney): Just if you can give the last four digits. 6.270. Commissioner Winton: Thank you. So move. Vice Chairman Gort: It's been moved. Is there a second? Is there a second? Commissioner Regalado: Second. Commissioner Sanchez: Discussion. Vice Chairman Gort: Discussion. Commissioner Sanchez: Just -- 90 February 22, 2001 Commissioner Winton: I almost didn't get a second again? Commissioner Sanchez: Just for point of clarification. It was -- the two hundred thousand dollars ($200,000) that were allocated, you're taking a hundred thousand dollars ($100,000) -- Commissioner Winton: Yeah. This actually uses the first hundred thousand of the two hundred thousand we allocated some time ago. Commissioner Sanchez: OK. No further discussion. Vice Chairman Gort: Any further discussion? Commissioner Sanchez: Call the question. Vice Chairman Gort: Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01- 194 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA INTERNATIONAL UNIVERSITY METROPOLITAN CENTER, IN AN AMOUNT NOT TO EXCEED $100,000, O INITIATE PREPARATION OF AN IMPLEMENTATION STRATEGY FOR THE FLORIDA EAST COAST RAILWAY CORRIDOR INITAITIVE; ALLOCATING FUNDS FROM THE UNDESIGANTED FUND BALANCE, ACCOUNT CODE NO. 001000.921002.6.270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. 91 February 22, 2001 Commissioner Winton: Mr. Chairman, one other issue here. An appointment to the Coconut Grove Standing Festival Committee, and I nominate Grant Sheehan. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Any discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-195 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE FESTIVAL COMMITTEE FOR A TERM DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Commissioner Sanchez: Is he a resident? Commissioner Winton: I think he has to be a resident of Coconut Grove? Commissioner Sanchez: Yes. That's why I asked. 92 February 22, 2001 Vice Chairman Gort: Commissioner Regalado, do you have any pocket items? Commissioner Regalado: No. But I just want to remind you and the Manager that we still need to invite Jose Abreu from FDOT (Florida Department of Transportation) to the presentation about Intermodal. They're going to start work there and it's going to impact a lot of people and businesses. We need to know because, you know, Intermodal LeJeune... Commissioner Winton: The east/west corridor. Vice Chairman Gort: Yeah. They were supposed to come here and make a presentation. Commissioner Regalado: Also, Mr. Manager, on the 15`", we have the Artime meeting and it would be nice to do a live transmission from the Artime. So, you need to find out a mobile unit cost to see what we can do. I know that we have links in the Artime. I don't know if they work, but we have it. The lighting, it's OK, but, remember, you're going to at least need three cameras. Carlos Gimenez (City Manager): Yes, sir. I've already asked about that and, apparently, there were links there. They're not live links now, and we have to see if we can get the cable company to energize them or whatever it is that has to make them live links, and we will do our best to make it a live presentation on that date. Vice Chairman Gort: I think that -- Commissioner Regalado stated in the past, we should be able to use that -- we spend a lot of money fixing that theater up, and we should be able to use it for productions. So, maybe we can take advantage of it right now and do what's necessary so we can use it in the future for future productions. Mr. Gimenez: Yes, sir. Vice Chairman Gort: Thank you. Commissioner Regalado: The AT&T (American Telephone & Telegraph) money is supposed to be used to buy equipment. The AT&T money is supposed to be used to buy equipment. 93 February 22, 2001 Mr. Gimenez: Yes, sir. And I've directed that office to put together a package (inaudible) spend the money and that we will spend the money as fast as we can, and we're working toward making that site a live site. And also adding the capability that we need to have live shows for those sites, not just this site right here. Commissioner Regalado: That's it. Vice Chairman Gort: Thank you. 94 February 22, 2001 26. COMMENTS BY COMMISSIONER GORT CONCERNING JAN PABLO DUARTE PARK. Vice Chairman Gort: Here's the -- an item I'd like to bring up. If you all recall when we renamed the Juan Pablo Duarte Park on 17th Avenue, Northwest and 28th Street. The committee that put the things together -- and there was a third cause that they put the bust of the -- one of the national hero. At this time, they would like to add two more. Their responsibility -- and they've been working with the Parks Department, maintaining that place, cleaning it up, and make sure it stays nice and pretty, and they've done a great job. They'd like to add two more, which is Francisco Del Rosario Sanchez (phonetic) and Ramon (unintelligible). They'd like to have it right next to Ralph Duarte, within the same shelter. I think they're working with the Parks Department and the Independence Day will be this Sunday, and they're going to have a celebration there. You all are invited to come at 10 o'clock in the morning. Carlos Gimenez (City Manager): Yes, sir. Vice Chairman Gort: OK. Any other matter to come to this -- you want to go to PZ and when -- you want to check and see if Commissioner Teele is here? 95 February 22, 2001 Vice Chairman Gort: OK. Let's go to PZ items, then, when Commissioner Teele gets here, after that we'll go back into -- PZ -1. Dena Bianchino (Assistant City Manager): Mr. Chairman? Vice Chairman Gort: Yes. Ms. Bianchino: Before we start, the administration would like to continue PZ 13 until the second meeting in March. Vice Chairman Gort: Any particular reason? Ms. Bianchino: We need further analysis from the Law Department. There's some issues we want to look at and we'd like to put this off until the second meeting in March. Vice Chairman Gort: Does anybody... Commissioner Regalado: One of the issues -- you have several issues on that, and, so, you think be resolved by that time? Ms. Bianchino: Let me add. The City Attorney will tell you, but I will tell you that on the next agenda, apart from this zoning issue, there is a (inaudible) discussion that will be on (inaudible) and if there are any issues you want to talk about, that would be the appropriate time to discuss them. Vice Chairman Gort: OK. So, what you're saying is, you have a little matter and that's why we can't hear this here today? Alejandro Vilarello (City Attorney): Yes. And it's recommendation to postpone this planning and zoning item until after those issues are discussed. Vice Chairman Gort: Well, why don't we do it the same day at the end of the order like we've done in the past for other PZ items? OK? Mr. Vilarello: Commissioner, my recommendation is to defer it to the next Planning and Zoning agenda, and have those issues discussed at different times, in fact. Vice Chairman Gort: OK. Ms. Bianchino: (Inaudible) you would have a contract issue on the agenda where you discuss... 96 February 22, 2001 Commissioner Sanchez: And that is so we don't commingle the zoning issue with the business issue? Ms. Bianchino: That is correct. Commissioner Sanchez: OK. Vice Chairman Gort: OK. Mr. Vilarello: That's correct. Vice Chairman Gort: All the parties have been informed? Commissioner Regalado: Let me ask the City Attorney. What are we allowed to talk in terms of future votes on this item? Mr. Vilarello: Commissioner, with regard to the item, PZ -1 -- I mean, PZ -13, you have to limit your review of that item with regard to the evidence as presented to you at that Commission meeting. Now, on March 22°d. With regard to the business issues, which is a separate matter, certainly appropriate for you to speak with staff and the developer on that issue. Vice Chairman Gort: We can address the staff on any of the issues we want. Mr. Vilarello: Yes, sir. Vice Chairman Gort: (Inaudible). Mr. Vilarello: The staff works for you. Vice Chairman Gort: But we can discuss the RFP (Request for Proposal) and the answer to the RFP with everyone because that -- there is no Cone of Silence on that. Mr. Vilarello: The Cone of Silence is not applicable to (inaudible). Vice Chairman Gort: Is not applicable to this. OK. Mr. Vilarello: With regard to the zoning items, staff can provide you facts and information with regard to the application. Vice Chairman Gort: All the parties have been notified? What do you mean right now? Mr. Vilarello: The matter has been continued. It was out of touch with this hearing. If you continue this matter until March 22°d, the appropriate notices being provided to anybody who wishes to speak on this issue today. 97 February 22, 2001 Commissioner Regalado: On the next meeting... Vice Chairman Gort: You don't need a vote... Commissioner Regalado: Let me ask you. On the next meeting, if we have any questions regarding the PZ item, can we do it publicly to the staff so they can address those issues when we come back? Mr. Vilarello: No. The PZ item needs to be -- the documentation that's prepared to you - - provided to you, and the evidence that's introduced during that hearing. Commissioner Winton: But we can talk to staff about PZ issues any time? Mr. Vilarello: Generally speaking, on items you can discuss with staff so they can provide you facts and information with regard to the application. Generally speaking, although the case law is not clear, we don't recommend that staff advocate a position with regard to that, but simply provide you facts and information. And, Commissioner, just to make sure we comply with the advertising requirements, by continuing it, I request that you take a vote on the continuance until the March 22°a meeting. Commissioner Winton: So moved then. Commissioner Regalado: Second. Vice Chairman Gort: There's a motion and a second. Further discussion? Anyone in the public would like to discuss this item? Show no one has come forward. All in favor state by saying "aye." The Commission (Collectively): "Aye." 98 February 22, 2001 The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-196 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ -13 (PROPOSED SPECIAL EXCEPTION TO ALLOW THE GROVE HARBOUR MARINA PROJECT AT 2600/2640 SOUTH BAYSHORE DRIVE) TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR MARCH 22, 2001. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. 99 February 22, 2001 Vice Chairman Gort: Anything else, Dena? Anything else, Dena? Lourdes Slazyk (Assistant Director, Planning & Zoning): We're going to ask for a continuance on PZ -10 also to March 22na Vice Chairman Gort: This is a City -- also, City items, both. Ms. Slazyk: This is a City item. Vice Chairman Gort: OK. Do I have a motion to continue? Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Discussion. Is there anyone in the public would like to discuss this continuance? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 100 February 22, 2001 The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-197 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ -10 (PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 TO ENABLE THE ZONING ADMINISTRATOR TO PERFORM ADMINISTRATIVE RELEASES OF COVENANTS AND UNITY OF TITLE PROVISIONS) TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR MARCH 22, 2001. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. 101 February 22, 2001 29. APPROVE MAJOR USE SPECIAL PERMIT FOR BRICKELL WEST PROJECT LOCATED AT 529, 537, 545 AND 551 SW 11TH STREET TO ALLOW BUILDING WHICH WILL INCLUDE 40 RESIDENTIAL UNITS AND 72 PARKING SPACES (Applicant(s): Brickell West Properties, Inc.). Vice Chairman Gort: Any other item? PZ -l. Lourdes Slazyk (Assistant Director, Planning & Zoning): For the record, Lourdes Slazyk, Planning and Zoning Department. PZ -1 is a Major use Special Permit for the Brickell West Project, located at 529, 537, 545 and 551 Southwest 11th Street. This is a Major use Special Permit to allow a total of 40 residential units and 72 parking spaces in the East Little Havana area right where it borders the Coral Way area. The purpose of this Major Use Special Permit is for additional FAR (Floor Area Ratio). The project site was not large enough to do a Planned Unit Development, and this was the other mechanism in the code to obtain additional FAR. And just to remind you, additional FAR doesn't necessarily give them more units. It allows them to do bigger units, because the primary market for this project was for families and things. They needed to be able to have additional bedrooms and additional space. So, the project would consist of, like I said, 40 residential units, with 72 parking spaces. The department is recommending approval of the project, with conditions that are in the development order. And it was also recommended for approval by the Planning Advisory Board by a vote of five to zero. Commissioner Sanchez: So moved, with conditions. Commissioner Winton: Second. Vice Chairman Gort: There's a motion and a second. You want a discussion? Are you the applicant? Juan Figueras: Yes. My name is Juan Figueras, the attorney for the applicant. Vice Chairman Gort: You in agreement with what staff stated? Mr. Figueras: Yes. Vice Chairman Gort: OK. You don't want to speak anymore? Mr. Figueras: Not necessary. No. Vice Chairman Gort: Thank you. Anyone in the public would like to address this item? Anyone in the public would like to address? OK. Close the public hearings. There is a motion and a second. Discussion? All in favor state it by saying "aye." The Commission (Collectively): Aye. 102 February 22, 2001 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-198 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9,13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE BRICKELL WEST PROJECT, TO BE LOCATED AT APPROXIMATELY 529, 537, 545 AND 551 SOUTHWEST 11TH STREET, MIAMI, FLORIDA, TO BE COMPRISED OF NOT MORE THAN 40 RESIDENTIAL UNITS, ACCESSORY RECREATIONAL SPACE, AND 72 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 103 February 22, 2001 Mr. Figueras: Thank you. Commissioner Sanchez: Thank you. Thank you for investing in the area. Vice Chairman Gort: Thank you. 104 February 22, 2001 Vice Chairman Gort: PZ -2. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -2 is a Major Use Special Permit for the Miramar Phases II and III projects, located at 1700 North Bayshore Drive. This is an order to allow two structures with 635 residential units and one -- and 110 -- approximately 110,000 square feet of non-residential uses, with 763 parking spaces. The department is recommending approval, with conditions, and it was also recommended for approval by the Planning Advisory Board. This property was the subject of a zoning change a while back to SD -6, in which a covenant was voluntarily proffered by the property owner that they would do a project consisting of two towers, with the non residential institutional use. This request for Major Use Special Permit before you today also includes a request to eliminate that covenant because what they're going to do is build all the residential units in one tower, and let the institutional building, which is on the west side, be a smaller structure, approximately 92,000 square feet. We worked closely with this developer to try and make sure that the ground floor of the building was going to be activated with restaurant and retail uses that would activate the ground floor activity in this neighborhood. With the improvements coming into Pace Park and in the area, we wanted to make sure that the ground level was something that was friendly and open to the public and would promote the kind of ground floor/pedestrian activity that we think this area needs. There are two quick corrections I need to make for the record. In the legislation -- in the resolution there is a reference in Section 3. It says, "The project is hereby approved as Phase I of a Phased development." It's -- Phases II and III. One is already done. And in section 4, I need to add a reference to the release of the covenant -- the modification to the covenant that was requested as part of this application in order to replace the project from the description that was proffered at the time the zoning change to the project that's before you today. Otherwise we recommend approval, as presented, and with the conditions that are in the development order in your package. Vice Chairman Gort: Thank you. Vicky and Tibor, please, don't take this personally, but I need to swear everybody in. Mr. Clerk. Anyone that would like to testify in any of the zoning items coming up, please stand up to be sworn in. AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED UNDER CITY CODE SECTION 62-1, TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Commissioner Sanchez: So help you God. 105 February 22, 2001 Mr. Walter Foeman (City Clerk): That part was taken out of the Code. Vice Chairman Gort: Thank you. Vicky Garcia -Toledo: Good afternoon. Vicky Garcia -Toledo with offices at 2500 First Union Financial Center. I am here today representing Mr. Hollo and his project, Miramar, Phases II and III. Phase I, as Ms. Slazyk had just reminded all of us, is already fully built out and I'm glad to say fully and completely occupied. That's the Bay Park Plaza. In this picture that you have before you, you're seeing two podium bases and a 56 - story tower. The modification that Lourdes spoke about from the previous covenant was that the residential units were separated into two towers above both of those podiums. In developing this project, what we have requested by the modification of the covenant is to unite less than the pre -approved number of units into just one single tower, and I think the architect will tell you why that was done a little later in terms of artistic design. We kept the 100,000 square feet of commercial space in that separate podium, and this use of this space will be consistent with the limitations that were in the covenant from 1994. By the way, the covenant was the result of the rezoning in 1994, where the City did not want to run the risk of having an SD -6 zoning, where another Omni, for example, could be developed right next door to the existing mall, and so the property owner proffered -- voluntarily proffered a covenant, putting in and offering these restrictions on future development. What you have before you today is consistent with that request, and what I would like to ask is the architect to come forward and give you a brief walk-through the proj ect. Commissioner Winton: Could I ask what the commercial use -- the smaller building to the left there, you said is commercial use? Ms. Toledo: Those are commercial... Commissioner Winton: A hundred thousand square feet you said? Ms. Toledo: Under a hundred thousand square feet. And there are limitations in the covenant for such things as galleries, graduate schools, regular schools, educational -type institutes, rehearsal halls, but I think that when the City... Commissioner Winton: Those are the uses? Ms. Toledo: Those are the uses that it's limited to. It's not open commercial. And all of those uses that are permitted are already contained in the covenant. While the architect does his presentation, I will look for that section in the covenant and read those uses into the record, OK? Commissioner Winton: And could I ask you another question. What's the parking ratio on this -- the number of parking spaces? I guess I'll measure it by -- and I don't know with this -- 106 February 22, 2001 Ms. Toledo: The parking is... Commissioner Winton: -- funny use on the commercial part, but what's the number of units -- per residential number of parking spaces per residential unit? And how much retail is on the ground floor? Ms. Slazyk: The Code requires one per unit, and then for the non residential spaces there, it's one per thousand, I believe. Commissioner Winton: It's one per unit, regardless of the number of bedrooms? Ms. Slazyk: Yes. In downtown, that's the current Code. Commissioner Winton: And is that what we have? Ms. Toledo: What we have here is one point two per. Commissioner Winton: While we're looking for that answer, let me go to another subject while they're looking and we'll come back to the parking thing. One of the -- when I was looking at the renderings here -- and I like -- you know, the tower looks great and I think this is a good use for that area, but I was concerned about the issue of creating pedestrian traffic at the street level, and I couldn't tell from this what's really happening because it looks -- I couldn't see the visual impact of the uses at ground level, which could create that positive pedestrian impact and the landscaping looked very sparse, so would you give me some details on that? Ms. Toledo: Commissioner, I will -- yes, we're going to show you the renderings on that. Needless to say, that was concerned expressed by your staff at the large scale level, which is our first entry meeting, and we certainly worked with them and heeded their guidance as to the kinds of pedestrian activity they wanted, and we went through a revision back then before we started the hearing processes to satisfy their requirements, which are exactly the same concern that you're talking about. So, let me let the architect show you what those are. Rolando Llanes: Commissioners, my name is Rolando Llanes. I'm director of architecture with Cordino Group, 4055 Northwest 97th Avenue. They're looking for another rendering that we'd like to show. But, very quickly, this drawing here gives you sort of a big picture idea of where the building, Phase I I of this project, is situated with respect to Margaret Pace Park and the proposed improvements to the park. Its relationship to Phase I and Phase III project here. You see the placement of the elliptical tower that's ending the access of Bayshore. So, it's a prominent location for that element there. It also turns that corner quite successfully, we think, the way in which the pedestrian activity is enhanced along the turn from the park side to the City side, for lack of a better term. You also see in this drawing here a close-up view of the ground level experience in the project. Here's Phase I; here's Phase II, and Phase III here. You see the texture, pedestrian edge along the outer edge of the project. You see the impact of the 107 February 22, 2001 tower above the retail spaces along the edge here, and the lighter yellow color, the core of the building at the center, and we have a pedestrian -oriented activity at the end of the axis, which is what we call the Grado. It has fountains; it has small cafes that feed into that area. This rendering here shows you what that experience would be like. Down here at the bottom you see it from across the street here. That terminates the access of the building here. You also see a little bit of it in the computer model there. There's the termination of Bayshore. The park along the east. Obviously, the view towards the bay. And the relationship of the three elements to each other, Phase I, II, and III. So, working together in that sense. From an architecture point of view, the three projects that really tie together at one height across -- kind of horizontal element that works away -- its way around the project, and then, of course, the tower sits at the end of the axis of North Bayshore. Commissioner Winton: Yeah. I'm pretty comfortable with all those parts. I'm just trying to still understand, at ground level, you said cap -- explain to me what you're going to have at the retail, at the street level there. How many square feet do you have and what are your anticipated uses? Mr. Llanes: Excuse me. I have the square footage number here. We have a total of 13,000 square feet of retail. We have a restaurant proposed here. We have a small retail component there. Again, the light yellow is all retail. And then we have, what we're considering now, small cafes along this outer strip, activating the corner. Commissioner Winton: Great. Thank you. That answers my question on parking. Commissioner Regalado: Is that the one (inaudible) we went up? It's beautiful. And I tell you something: with the new construction in Margaret Pace Park, that is going to bring back that area big time. I really congratulate you. Tibor Hollo: Thank you, Commissioner. Here, we'd just like to continue our desire to bring landmark buildings to our City. Vice Chairman Gort: Excuse me, sir. Excuse me. You are? Mr. Hollo: I am Tibor Hollo, 100 South Biscayne Boulevard. Vice Chairman Gort: You don't need introduction. It's part of the rules we have to follow. Go ahead. Commissioner Sanchez: Needs no introduction. You don't need an introduction. Mr. Hollo: Thank you. We are looking to bring landmark buildings to the City. We are urban developers in our downtown areas, and I think that our city is entitled to beautiful buildings and we are trying to create, as you see, beautiful buildings, landmark buildings for our City. 108 February 22, 2001 Vice Chairman Gort: Thank you. The question. Dena Bianchino (Assistant City Manager): The residential parking, they're providing about one point zero one per unit. They've got -- they meet Code and then they have 15 extra. So, it's one for one, but 15 extra. On the institutional, they have 96 spaces, which is three in excess of the Code. And the remaining 18 are for the retail and restaurant uses. So, they meet Code requirements (inaudible) amount. Commissioner Winton: The 96 parking spaces in the commercial? Ms. Slazyk: In the institutional. Commissioner Winton: In the institutional. But there's -- isn't there a hundred thousand square feet of institutional? Ms. Slazyk: There is... Commissioner Winton: What did you say that number was, Vicky? Ms. Slazyk: No. The institutional 92,260, and then the other non residential, to get it up over the hundred thousand, was the restaurant, cafe and additional retail, which is in the Phase I I building, the residential building. Commissioner Winton: Well -- but the uses in that 92,000 square feet are likely to be pretty intense uses, aren't they? Ms. Toledo: Commissioner, I have that list. Commissioner Regalado: If I may. The Omni, how many spaces does the Omni parking lot mall has? Ms. Toledo: Two thousand. Commissioner Winton: The mall. Commissioner Regalado: Which is not... Mr. Hollo: I know it exactly, the built them. We have 200 -- we built 2,778 parking spaces in Omni, which was the proper number of parking spaces at the time of the use, the commercial use. What is now proposed for Omni, as you know, is a data center or a suite center, and the national average for that -- and we have record on it -- is for every hundred thousand feet there are approximately 67 employees. Every hundred thousand feet. That means that your maximum employees -- this is maximums -- would be 600 some employees for the entire center, plus the hotel that will probably take up an 109 February 22, 2001 additional 250 faces. So, there always will be something like 1800 spaces available at Omni. The entrance to Omni's garage is right across the street from this project. Commissioner Winton: Yeah, I think you answered my question. The Omni is the answer. That's the -- that's the answer. Right. Commissioner Regalado: I mean, not only that. It will help us. Remember the parking surcharge? Commissioner Winton: Right. My favorite one. One last point, and this is a request. In all of the major large scale projects -- and I brought this up at the last P and Z meeting. Some of the developers do areal good job at hiding the construction site. Some do a real lousy job, and I would like to see you have some sort of nice, decorative treatment, fence, whatever it is, you know, that you block the street off from your development so that it isn't just -- there are some of these out there that look awful. There are some around our community that look great. And, Tibor, I hope that yours is one of the ones that's great. Mr. Tibor: Commissioner Winton, we already purchased from a very well known local artist, the Cityscape that will be shown on the -- enclosure it on. Commissioner Winton: Thank you. Mr. Tibor: Thank you. Vice Chairman Gort: Thank you. Do you have any other questions? Commissioner Winton: Nope. Vice Chairman Gort: Do you want to make a motion? Commissioner Winton: Yes. Move to accept staffs recommendations. Vice Chairman Gort: It's a motion to accept. Commissioner Regalado: Second. Vice Chairman Gort: And a second. Is anyone in the public would like to address this item? Commissioner Winton: To approve, with staffs recommendations. Vice Chairman Gort: Staffs recommendations. Anyone in the public would like to address this? 110 February 22, 2001 Dr. James Rodgers: Good afternoon. Is this on? Can you hear me? Commissioner Regalado: Yes. Dr. Rodgers: I'm Dr. James Rodgers. I'm a professional engineer and a retired building official. Vice Chairman Gort: Your address, please, sir. Dr. Rodgers: I don't have it with me. Vice Chairman Gort: Your address. Dr. Rodgers: Oh. 1720 North Bayshore Drive. I'm directly across the street. I'm on the corner of North Bayshore Drive and 17th Terrace. I just want to say that I think that this project is so beautiful, it's going to really enhance the neighborhood and I'm really all for it. Vice Chairman Gort: Thank you, sir. OK. Any further discussion from the public? Being show -- I will now close to public hearings. All in favor state by saying "aye." The Commission (Collectively): "Aye." 1 I 1 February 22, 2001 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-199 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, FOR THE MIRAMAR CENTER - PHASE II AND III PROJECT, A PAHSED PROJECT TO BE LOCATED AT APPROXIMATELY 1700 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, TO BE COMPRISED OF NOT MORE THAN 635 RESIDENTIAL UNITS, ACCESSORY RECREATIONAL SPACE, 110,372 SQUARE FEET OF OTHER NONRESIDENTIAL USE AND 763 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Gort: Thank you. Good job. You were the pioneers that really got that place going with the Omni and the hotel. Thank you. Mr. Hollo: Thank you, Commissioner Gort. Thank you very much. 112 February 22, 2001 Vice Chairman Gort: I have the -- Commissioner Teele is at the MPO (Metropolitan Planning Organization) meeting, which is something very important. That's why he's late. Those meetings sometimes run about to four o'clock in the afternoon. That's the -- he apologize for not being here, but we need him to be at the MPOs. That's very important also. PZ -3. Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Anyone in the public would like to address PZ 3? Yes, ma'am. Commissioner Regalado: Got a question. Could you give me an idea of what specifically we're doing here? Lourdes. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. This is a request for a release of a unity of title that was binding two properties together. They wanted the release but the problem was there was only one access, a shared access. So, before being able to release the unity of title that bound the properties together, they had to go through a special exception process in order to get approval of a shared access -- it's like a -- the special exception that allows shared access by another mechanism. Now, they've obtained that. So, it's OK to release the unity of title because there is another City resolution in place which will require that they maintain that shared access. So, we recommend approval of the lease because it's no longer necessary. Vice Chairman Gort: OK. Is anyone in the public would like to address this item? Anyone in the public would like to address this item? Being none, we chose the public hearings. There is a motion, a second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 113 February 22, 2001 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-200 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), APPROVING THE RELEASE OF A UNITY OF TITLE DATED NOVEMBER 7, 1995, AND RECORDED IN OFFICIAL RECORDS BOOK 17004, AT PAGE 1556, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1900-1920 SOUTHWEST 22ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY LEGALLY DESCRIBED IN "EXHIBIT A", SUBJECT TO THE CURRENT PROPERTY OWNER RECORDING A COVENANT RUNNING WITH THE LAND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WHICH RECOGNIZES JOINT PARKING AND ACCESS FOR THE BENEFIT OF THE PROPERTY; DIRECTING THE PROPER CITY OFFICIALS TO EXECUTE A RELEASE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN CONNECTION THEREWITH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Commissioner Sanchez: And just out of curiosity, why does this -- why the release of unity title has to come in front of this Commission? Is there an ordinance? Maybe just out of ignorance or ... Ms. Slazyk: There was a recent amendment. This is one of the reasons why we ask for a continuance of PZ -10. We need to brief you -- the Commissioners on it. What it -- we amended the Code -- zoning ordinance a while ago to say that unless a specific -- a covenant had a specific release mechanism that allowed us to release it, just administratively, that they must come here because there were a lot of instruments that 114 February 22, 2001 were recorded years ago that didn't contain release mechanisms and it wasn't clear how they should be released. This is one of them that didn't have a release mechanism specified that allowed the zoning administrator to do it. The zoning administrator can determine if it's no longer necessary in order to release, but because there was no release mechanism in it, it has to come here. What PZ -10 was going to do -- and we're going to brief you before we come back with it -- is allow for those administrative releases when the zoning administrator can do it and make a clear-cut determination. If not, those will come to you. Commissioner Sanchez: So, it depends on different circumstances? Ms. Slazyk: Yes. Commissioner Sanchez: OK. Here is the thing. It puts a hardship on the applicant. It does. Ms. Slazyk: That's why we were -- that's why we did PZ -10, because we want to take that off. Commissioner Sanchez: I have to bring it out. Because this is something that has dragged on for awhile, and the applicant has to go through, once again, hurdles to get this, and, you know, I just want to make sure that there's something on the record that if it's a case not similar to this one, then it could just have your approval so individuals, such as this individual, who has basically had some hardship to come in front of us, because she has to pay "X" amount of dollars, three dollars ($3) per neighbor and all that stuff, really it's a pain, almost. Ms. Slazyk: Yeah. That's what PZ -10 will remedy. And as soon as we brief everybody on March 22"d, we'll take care of that. Vice Chairman Gort: Thank you. Commissioner Sanchez: Did we vote on it. We didn't vote on it. Commissioner Winton: Did we vote? Vice Chairman Gort: We voted on it, yes. Commissioner Sanchez: No, we didn't. Vice Chairman Gort: Yes, we did. Joel E. Maxwell (Assistant City Attorney): Yes, you did. 115 February 22, 2001 Commissioner Sanchez: We did? Vice Chairman Gort: Yes, we did. Mr. Maxwell: You voted, then you raised the question subsequent to the vote. Vice Chairman Gort: Now, Mr. Clerk, what I'd like to show when I ask for the vote and everybody says yes, show that it's a unanimous vote, please on all those cases. OK. 116 February 22, 2001 Lucia Dougherty: Mr. Chairman? Vice Chairman Gort: Yes. This is an appeal from the Zoning Board. So, the process is, the appellant goes first or... Ms. Dougherty: Mr. Chairman, if you don't mind, I would prefer to table this until Commissioner Teele comes. This is -- as a matter of due process, I'm going to need three votes because I'm the appellant and I would really ask that you table this until he arrives. This is adjacent to his district. Vice Chairman Gort: PZ -5 Commissioner Winton: Yeah. Well, it's in my district. I don't know about the adjacent to part, but it's in my district. Ms. Dougherty: As a matter of due process, we know how you feel already commissioner. So, as a matter of due process, I think we should defer this for... Vice Chairman Gort: It's up to this Commission. Commissioner Winton: Well ---there is still four votes here. So, so I'm only one not four. So, I am not sure why we would ---Do we have any idea when Commissioner Teele will be here? Vice Chairman Gort: My understanding the meeting is over at 4:00, so he should be here any minute. Commissioner Winton: Well ---I guess I don't have any you know. If we defer it tillalthough we have a goodly number people here. I guess we could defer it till 4:30 and see if he is here by then. Otherwise, we ought to take it up. Vice Chairman Gort: Okee doke. Commissioner Sanchez: Four thirty it is. 117 February 22, 2001 Vice Chairman Gort: PZ -5. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -5 is an appeal from a variance, which was denied by the Zoning Board. The department is also recommending denial. The variances are for side yard setbacks, rear yard setbacks, and for parking. This is in order to do an addition. The request of hardship, when tested against this particular addition, was that it didn't meet hardship. One of the questions in hardship is, do the rules that exist today deny you reasonable use of your property? The answer was no. Reasonable use of the property is already being obtained. What they want to do is expand it and get more. We believe that it's an over building of the property and we would recommend denial. Vice Chairman Gort: OK. Yes, sir. Commissioner Regalado: I know that area. That would be all —go ahead. Vice Chairman Gort: Let's hear from the applicant. Commissioner Regalado: OK. Vice Chairman Gort: Yes, sir. Benito Gonzalez: My name is Benito Gonzalez. I'm president of the Cuban Municipalities (inaudible). I will propose (inaudible) issue to keep a record for our members in the organization. We -- that is offices -- zoning classification. We need access space for -- keep record. We don't use it -- high quantity of employee. Only we use it three or four or five employees. No more. That's it. That is for keep record of our organization. Vice Chairman Gort: Thank you, sir. Is anyone in opposition to this item? Is anyone in opposition to this item? Show there's no one in opposition. We'll close the public hearings. Comments. Commissioner Regalado. Commissioner Regalado: Mr. Chairman, this is really adjacent to my district. You and me share the one sidewalk and the other sidewalk, and these are all office buildings or houses in Northwest 7th Street. Next to it is Junta Patriotica, which has the same line of construction. What my understanding is that what this proposal is to keep records, not to bring people or banquet or hall or whatever. Just enough space to have records of the different -- 126 municipalities that -- members and all that. I would -- I think and I really believe that, if they cannot expand, they're going to have to look for some other place to go and have their office. So, I move to accept the variance, to accept the appeal. 118 February 22, 2001 Vice Chairman Gort: There's a motion to accept the variance. Is there a second? Commissioner Winton: Well, I didn't like -- Vice Chairman Gort: Commissioner... Commissioner Winton: -- having no second when I had a second -- when I had a resolution last time in my district. So, for sake of conversation, I will second. Vice Chairman Gort: OK. Good sport. It's been a motion and a second. Discussion. You seconded it, right? Commissioner Winton: Yes. Mr. Maxwell: One thing, Commissioners. Just so you know, Commissioner. One of the requirements for a variance is that a hardship and, quite frankly, I haven't heard the applicant give you any basis for overturning the Zoning Board, any basis for hardship, which is required by law. He needs to put something on the record for you, Commissioner, to indicate what that hardship would be. Commissioner Regalado: Maybe he doesn't understand what you're requesting. Commissioner Winton: While we're waiting on that, could I make a comment? While we're waiting on him to gather his thoughts? Commissioner Regalado, and this is your district, so -- but the caution that I throw out is this: we've all worked in -- and, frankly, all of us have really been singing from the same sheet of music in this regard all over the City -- we've all -- I've watched how y'all vote on things and you've really voted absolutely diligently to set the tone for what the future of our City will be, not what our city looks like today. And when you -- in this particular case, when you break from the staffs recommendation, what you're doing is crowding more stuff on a site and destroying setback requirements in a neighborhood that forever, in essence, destroys or eliminates your ability to create a more vibrant neighborhood over time. And these encroachments and setbacks do exactly that, they really become part of the poison, if you will, for a neighborhood, and while even other properties may have the same deficiencies today, if we begin to fix these properties piecemeal by piecemeal, you could wake up 10 years from now with a very different neighborhood that's in much better condition; whereas, if you allow additional properties to encroach in a setbacks today, you'll assure yourself that, 10 years from now, you'll have a worse looking neighborhood, number one. And my final point is that regardless of what they're use is today, when they go away -- and nobody stays forever -- once you've opened the door, somebody else is going to have different uses, and that different use could be a whole bunch of more cars and create all kinds of new problems. So, my only caution is that consider those parts of this kind of thing before we overturn staffs recommendation. Commissioner Regalado: No. Absolutely. And you're so right, that we have tried to do right in the past, and we all vote accordingly. But when we do that, we deal with 119 February 22, 2001 residential. In this case, it's not residential. What I would suggest -- and you're right, maybe tomorrow they won't be there and the house will be there. And, in fact, the line of construction of the other two houses are exactly on line, where they are proposing to build that sort of a office space. So, my proposal could be amended to say, well, you have to write a covenant saying that you're not going to use that for other purposes than office, and if they were to sell that property, which they own, then they would have to remedy the setback. Can we do that, Mr. City Attorney? Vice Chairman Gort: What we're asking is, my understanding is, the statement was made here, the addition is to maintain sort of the files and the record keeping and -- let me elaborate a little bit on this. In this area, once again, has suffered because of the expansion of Miami -Dade. This used to be all residential area, but when they opened up the four -lane highway between 42"a Avenue and 57th Avenue, that ruined that whole area, and that's when things started turning commercial rather than residential. If you look west of 57th Avenue, maintained residential because we only have one way right now but traffic in the future -- and I think the -- our Planning Department should analyze that whole area because that's going to be affected quite a bit. West of 57th Avenue, and this is one of the problems. The question is, can we put a restriction that it can only be used for (inaudible) stated here? At the same time, this is not a public office. It's not going to be a nightclub. My understanding is, they're not going to need that people parking in there. Mr. Maxwell: If he wanted to voluntarily proffer a covenant saying that they wanted -- he would use it for those purposes, that would be acceptable. But I don't think you could mandate such a requirement. (Inaudible) proffer that voluntarily, certainly could do that. Vice Chairman Gort: I understand. Commissioner Regalado: He doesn't understand. Mr. Maxwell: Still haven't -- I haven't heard any -- I haven't heard the hardship issue addressed. That's another issue. Vice Chairman Gort: I think the best thing that the gentleman can do is, if we can defer this to the meeting in March, and I think he should get some assistance and some help and make him aware of what we're requesting here, and especially about the hardship that he has to have. OK. We're going to refer this for the next meeting so we can put all this together. OK. Mr. Maxwell: Continue to the next meeting. Vice Chairman Gort: We're going to continue it to the next meeting. Mr. Maxwell: March 22nd. Ms. Slazyk: To March 22„a 120 February 22, 2001 Vice Chairman Gort: March 22"d. Do I have a motion for continuance? Commissioner Regalado: Yes. Motion to continue. Commissioner Winton: Second. Vice Chairman Gort: OK. It's been moved and second. Discussion? Anyone in the public would like to address this? Show no one comes forward. All in favor state by saying "aye." The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 01-201 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ 5 (APPEAL OF ZONING BOARD DECISION WHICH DENIED PROPOSED ADDITION TO EXISTING STRUCTURE WITH SETBACK AND PARKING VARIANCES AT 4610 N.W. 7TH STREET) TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR MARCH 22, 2001. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Gort: Unanimous. Three votes. 121 February 22, 2001 Vice Chairman Gort: OK. Mr. Attorney. Item 6, second reading. Mr. Maxwell: Thank you, sir. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -6 and 7 are companions, second readings for land use and zoning change from duplex residential to general commercial for the property located at 3601 Bird. We recommend approval. It's been recommended for approval by the Planning Board, the Zoning Board, and you all approved it first reading. Vice Chairman Gort: Second reading. Is anyone would like to address this Commission on PZ -6? Show no one come forward. It's your district, Commissioner Regalado. Second reading. Commissioner Regalado: Johnny's. Vice Chairman Gort: It is? Commissioner Regalado: Johnny. That's your district, Johnny. Bird Road, 36th Avenue. I'm not that far. Only to 24th Terrace. Commissioner Winton: Oh, OK. I thought it was somebody else's. And we've already passed it once. But I have some questions here and maybe I must have been -- was I asleep at the last meeting? Because the questions I asked are, why are we agreeing to this? What uses existed adjacent to the north and what would the allowable uses be if this is granted? So, somewhere or another I did fall asleep or I had no memory when I was reading this a second time. Ms. Slazyk: If you take a look at the aerial photograph, what it is, this is an auto dealership. It's already there. The use is already on this land. This is in order to unify the zoning for a business that's already existing there. Commissioner Winton: I remember that now. Thank you. So, so moved. Vice Chairman Gort: It's been moved and second. Commissioner Regalado: Second. Joel E. Maxwell (Assistant City Attorney): It's an ordinance, Commissioner. 122 February 22, 2001 Vice Chairman Gort: Excuse me. Mr. Maxwell: It's an ordinance. Vice Chairman Gort: Ordinance. OK. I need a motion and second. OK. It's been moved and second. Ordinance. Read it. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3601 BIRD ROAD (A/K/A 2974 SOUTH WEST 36TH AVENUE) MIAMI, FLORIDA, FROM "RESIDENTIAL DUPLEX" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading, by title, at the meeting of January 25, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12027. The ordinance was read by title into the public record by the City Attorney. 123 February 22, 2001 Vice Chairman Gort: Don't go yet. You have PZ -7, companion item. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Commissioner Regalado: Second. Vice Chairman Gort: Second. Anyone in the audience would like to address PZ -7? Show no one comes forward. Read it. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING PAGE NO. 42 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C-2 GENERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3601 BIRD ROAD MIAMI, FLORIDA; LEGALLY DESCRIBED ON ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 124 February 22, 2001 Passed on its first reading, by title, at the meeting of April 27, 2000, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12028. The ordinance was read by title into the public record by the City Attorney. 125 February 22, 2001 Vice Chairman Gort: Thank you. Great presentation. Vice Chairman Gort: PZ -8. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -8 and 9 are companion land use and zoning change requests from office to restrictive commercial for the property located at approximately 195 Southwest 15th Road. The Department is recommending approval. It's also been recommended for approval by the Planning Advisory Board and by the Zoning Board. The purpose of this particular change is actually very interesting. I'm sure the applicant will go into it. What they wanted this change for, in particular, was for parking for the area, and for Publix. Under the old designation, commercial parking lot is allowed, but you have to charge for it. In order to be able to do parking and not have to charge, you needed the C-1 zoning district, and they didn't want to have to charge. This was supposed to be free parking to serve the commercial area and Publix nearby. In looking at the map on this -- for this change, once the -- you know, the zoning is C-1, it may not be parking forever. So, what this department does is they look at the area and there were two recent changes in the last several years to C-1 in the same area, and a study that we did of this area showed that this area was becoming a commercial node that was serving all the adjacent new residential and new development. We have the Walgreen's; we have the Publix, and we have other small neighborhood level retail establishments coming in to serve the area. This is consistent with that study. It's consistent with the same findings we made with the other zoning changes. So, although the original intent of this was for parking, even if it were to be developed into C-1, it's going to continue to serve the neighborhoods and the growing residential base in this area. So, we would recommend for approval. Commissioner Winton: What's on that site now? Ms. Slazyk: I'll let the applicant... Commissioner Winton: There's some sort of structure on the site. Vice Chairman Gort: Before we go on, I'd like to ask a question. Who are the principals in this corporation? Judith Burke: The owner of the property is BVT Development Partners Limited. Vice Chairman Gort: OK. Ms. Burke: And they're out of Atlanta Corporation in Atlanta that develops 126 February 22, 2001 Vice Chairman Gort: There are no local individuals in this? Ms. Burke: There's no local individual in connection with the property. I can go into more detail on that, if you'd like, in my presentation. Vice Chairman Gort: Let the Commissioners -- have his question answered. You asked a question. Commissioner Winton: What's the structure that's on the site currently? Ms. Burke: There's a small office building that has -- under the old ownership, has gone into a state of somewhat disrepair, which will be demolished. Commissioner Winton: There's no historical significance to this structure, is there? Ms. Burke: None whatsoever. Commissioner Winton: OK. Because I can't picture it. So, that's what I wanted to know. (Inaudible Comment) Commissioner Winton: Let me -- and I have no more questions on this, but I have a question of staff again. This is back to that same point -- this is round four of this request. See this map? Ms. Slazyk: Yes. Commissioner Winton: Now, on this map Mr. Maxwell: Commissioner, could you hold for one second? OK. Now we have quorum again. Thank you. We had temporarily lost quorum. Commissioner Winton: Oh, thank you. On this map, you know, in commercial real estate business, we do these kinds of things, draw these little boxes that have these arrows and point to things. Ms. Slazyk: Yes. Commissioner Winton: And I looked at this -- and I looked and looked and looked before I found this little spot here that had the little dots in it. I don't know why we can figure out a way, so that when I look at this darn thing at home at night -- because that's the only time we can look at these things -- I can look quickly and find the subject site. 127 February 22, 2001 Ms. Slazyk: Yes. As of the last time you requested that, we are now doing -- we're doing it differently, but these were already in the process and in print. Commissioner Winton: OK. Thank you, thank you, thank you. Ms. Slazyk: We're using big, bold arrows that are going to; more clearly, mark the property. But the last meeting you asked and we began this, so the next round -- Commissioner Winton: I'm done. Ms. Slazyk: -- of applications are changed. Commissioner Sanchez: Is there anyone in opposition? The public hearing is closed. Is there a motion for approval? Commissioner Winton: You said this is in your district. I would move to approve. Commissioner Sanchez: There's a motion to approve. There's a second. Open for discussion. Hearing none, all in favor state by saying "aye." Mr. Maxwell: This is an ordinance, Commissioner. Commissioner Sanchez: Oh, it's an ordinance. Read the ordinance. First reading ordinance. Read the ordinance. Roll call, City Clerk. 128 February 22, 2001 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND SUES DESIGNATION AT PROPERTY LOCATED AT APPROXIMATELY 195 SOUTHWEST 15TH ROAD, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS, DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Winton, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None ABSENT: Vice Chairman Wifredo Gort Commissioner Arthur E. Teele, Jr. The ordinance was read, by title, into the public record by the City Attorney. Commissioner Sanchez: It passes. 129 February 22, 2001 Commissioner Sanchez: Nine. Lourdes Slazyk (Assistant Director, Planning & Zoning): Nine is a companion. Commissioner Winton: Move it. Commissioner Sanchez: There's a motion for approval. Is there a second? Commissioner Regalado: Second. Commissioner Sanchez: Second by Mr. Regalado. Open for discussion. Hearing none, read the ordinance. Mr. Clerk, call the roll. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING PAGE NO. 37 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM O -OFFICE TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 195 SOUTHWEST 15TH ROAD, MIAMI, FLORIDA, LEGALLY DESCRIBED ON ATTACHED `EXHIBIT A;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Winton, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None ABSENT: Vice Chairman Wifredo Gort Commissioner Arthur E. Teele, Jr. The ordinance was read, by title, into the public record by the City Attorney. 130 February 22, 2001 Walter Foeman (City Clerk): Passes. Commissioner Sanchez: PZ 10, first reading ordinance. Ms. Slazyk: 10 was continued. We're going to be doing briefings before we bring that back. Commissioner Winton: So was 11. 131 February 22, 2001 38. FIRST READING ORDINANCE: CONSIDERATION OF AMENDING ORDINANCE 11000, CITY'S ZONING ORDINANCE BY AMENDING ARTICLE 6, SECTION 609, TO MODIFY PROVISIONS RELATED TO PERMISSIBLE USES TO ELIMINATE CERTAIN j INCOMPATIBLEUSES WITHIN SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT (Applicant(s): City of Miami Planning and Zoning Department). Commissioner Winton: Let's go with 11. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -11 -- Commissioner Sanchez: Eleven. Ms. Slazyk: -- is an amendment to Article 6, Section 609, to amend SD -9. The Department is currently undertaking a complete redo of SD -9 to make it a freestanding district. But in the meantime, what's happened, when SD -9 was adopted as an Overlay District, it went back to the "O" and C-1 uses for permissible uses. Between that time and now, C-1 has been amended to allow all sorts of other uses, which may not be compatible with SD -9 with the boulevard. This is a cleanup amendment to SD -9 to remove the other uses that are not compatible with the boulevard until the new SD -9 comes on line. We've been having meetings with the neighborhood, and we've got drafts of an amendment to SD -9 that will be before you probably within the next three to six months. But in the meantime, this will remove other incompatible uses. So we would recommend approval. It was also recommended for approval by the Planning Advisory Board. Commissioner Winton: Move to approve. Commissioner Sanchez: Is there any opposition? Hearing none, there's a motion to approve. Is there a second? Commissioner Regalado: Second. Commissioner Sanchez: Second. Open for discussion. Hearing none, first reading ordinance. Read the ordinance, Mr. City Attorney. Commissioner Sanchez: Mr. City Clerk, call the roll. Walter Foeman (City Clerk): Roll call. 132 February 22, 2001 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 609 TO MODIFY PROVISIONS REGARDING PERMISSIBLE USES WITHIN THE SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT IN ORDER TO ELIMINATE INCOMPATIBLE USES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE was introduced by Commissioner Winton, seconded by Commissioner Regalado, and was passed on first reading by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None ABSENT: Vice Chairman Wifredo Gort Commissioner Arthur E. Teele, Jr. The ordinance was read, by title, into the public record by the City Attorney. 133 February 22, 2001 Commissioner Sanchez: PZ -12, first reading ordinance. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -12 is an amendment to Chapter 62 of the City Code regarding radius for courtesy mail notices, increasing it from 375 to 500 feet. Commissioner Sanchez: Is there public hearing? Hearing none, is there a motion for approval? Commissioner Regalado: Wait, wait. Commissioner Sanchez: Is there a motion? We've got to have a motion and a second to... Commissioner Regalado: Move it. Move it. Commissioner Winton: Second. Commissioner Sanchez: There's a motion. There's a second. Open for discussion. Mr. Regalado. Commissioner Regalado: What is this, to advise neighbors of any change -- posting, right? Dena Bianchino (Assistant City Manager): Yes, sir. On a number of occasions, residents have come in on some of the major projects because they were a little bit further than further than 375 feet, they were not notified. This (inaudible). This broadens the notification (inaudible) the neighbors know what's going on in their area. Commissioner Winton: Well, what happens if it's a little bit out side of five hundred feet? Commissioner Sanchez: They're going to come back and ask for 650. Ms. Bianchino: Well, we'll just (inaudible) the whole thing. No. We thought that (inaudible). Commissioner Winton: Well ... 134 February 22, 2001 Ms. Bianchino: We thought that -- for some of these major projects is really (inaudible) that it (inaudible). Commissioner Winton: That five hundred isn't unreasonable. OK. Commissioner Sanchez: Johnny, first of all, with all the development going on in Brickell, some of the surrounding homeowners, which all due right that they deserve, felt that some times they were not properly notified. So, this is one of the things that we have gotten together with the community and they made the recommendation that we extent it from 375 to 500, giving them more notice. So, this is something that we're doing in good faith. Call the question. Dwight Danie: Could I just ask a --is it too late to ask a question on this, just a question? Commissioner Sanchez: We have -- sir, if you want to step up. I mean -- I did not close the public hearing, so I'll let you -- I'll offer you the opportunity to speak for two minutes. Dwight Danie: My name is Dwight Danie and I live at 667 Northeast 72nd Street. It's just a quick question because... Commissioner Sanchez: You're not speaking against this, are you? Mr. Davie: No. Commissioner Sanchez: OK. Mr. Danie: It's just a point of clarification. When you say, 500 feet from the property, is it 500 feet from the boundary line? Because I've seen things were you do a... Commissioner Sanchez: No. It's 500 from the boundary line from each corner, not from the center. Mr. Danie: -- a central -- OK. That's what I needed to know. OK. Commissioner Winton: From the outside edge, right? Commissioner Sanchez: So, just a point of clarification. And this is in the best interest of all the residents, OK? OK. It's first reading ordinance. Read the ordinance. Mr. Clerk, call the roll. 135 February 22, 2001 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, SECTION 62 -129 (4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "COURTESY NOTICE," IN ORDER TO INCREASE THE RADIUS FOR COURTESY NOTICE OF PUBLIC HEARINGS TO BE RECEIVED BY PROPERTY OWNERS FROM 375 FEET TO 500 FEET; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Regalado, seconded by Commissioner Winton, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Vice Chairman Wifredo Gort Commissioner Arthur E. Teele, Jr. The ordinance was read, by title, into the public record by the City Attorney. Mr. Walter Foeman (City Clerk): Vice Chairman Gort, I don't know if you're going to vote on this. This is PZ -12. Vice Chairman Gort: No. I wasn't here. Mr. Foeman: OK. It passes. Vice Chairman Gort: Back to the ... Ms. Slazyk: PZ -4 remains, Commissioner. PZ -13 was continued and PZ -4 is the only remaining item. Commissioner Winton: So, let it be... Vice Chairman Gort: I'm telling you, the MO -- the MPO is going to be a while. They're not going to be coming here. They're still discussing the -- they're talking about your favorite subject. Commissioner Winton: No. We have PZ -4 yet, so... 136 February 22, 2001 Commissioner Winton: No. We have PZ -4 yet, so (comments in Spanish). Commissioner Sanchez: Hey, listen, Johnny, when you first got here, you couldn't say a word in Spanish. Now, you're saying a full sentence. Commissioner Winton: So, let it never be said that I was unwilling to allow due process here, and move this back to give you all due opportunity to have as many allies as you might get. Lucia Dougherty: Therefore, I know that you'll agree to a deferral for a month until Commissioner Teele is here. Commissioner Winton: No chance. Ms. Dougherty: Because you want to be totally fair, knowing how you feel about this project. Commissioner Winton: I don't want to be that fair. So, we're going to hear this today. We've got people from the community here, so... Ms. Dougherty: We have people on our side, as well. Commissioner Winton: Oh, I'm sorry. Everybody is here. Let's hear it. And this got deferred last time, so let the deal roll. Ms. Dougherty: I'm making a formal request that -- to ask to defer this for a month, so that we could have a full board. I'm the appellant here. I need to get three votes, and I would request this deferral. Commissioner Winton: Mr. City Attorney, what's the rule in regards to the request? Joel E. Maxwell (Assistant City Attorney): It's at the discretion of the board, sir. It's your vote. Whatever you decide. Commissioner Winton: Then, it's my position, as the Commissioner of the district, to deny any further continuance and hear the issue today. 137 February 22, 2001 Mr. Maxwell: You don't need a motion to hear it. It's already advertised. You only need a motion if you want to continue it. If you want to hear it, just tell staff to proceed. Commissioner Winton: I'm not (inaudible). Commissioner Sanchez: All due respect, it's -- Mr. Chairman? Mr. Maxwell: Mr. Chairman, proceed with the public hearing, if you don't have a continuance. Vice Chairman Gort: It's a public hearing. There is no motion to continue, and this is an appellant. The procedure is, the appellant goes first and then, my understanding -- Mr. Attorney? Mr. Maxwell: Yes, sir. Vice Chairman Gort: Mr. Attorney? Mr. Maxwell: Yes, sir, that's it. Vice Chairman Gort: OK. Commissioner Sanchez: But with all due respect, I mean -- I mean, we -- shouldn't we have a full Commission to hear this? Isn't this also in the borderline district of Teele -- Teele's district? Commissioner Winton: Well, it's on Biscayne Boulevard. That's not any borderline, at all. Commissioner Sanchez: Have you requested other continuances? Have there been continuances on both sides? Robert Flanders: If I may, Commissioner. They requested a continuance and... Vice Chairman Gort: Excuse me. You are? Mr. Flanders: I'm Robert Flanders. I live at 720 Palm Bay Lane. They requested a... Vice Chairman Gort: This was done at the request of the Commission. We're going to hear this item last time. The only reason we were not able to hear the item because the due process -- they went through a due process and they wanted to have another meeting. That's why it was 138 February 22, 2001 continued until today. OK. Dr. W.R. Roundtree, Jr.: Commissioner, I am Dr. W. R. Roundtree, Jr., the pastor of the New Mount Pleasant Institution of Baptist Church at 7610, Biscayne. I'm here because of two things. One, I wanted to meet my Commissioner in that area. I have called his office and left number for him to talk to me. And also to support the things that are needed in our community. I am a pastor in that community, and there is a lot of things that are in that community that's not beneficial for the community. I am asking this Commission, along with the Commission of our area, to give us a full hearing of all of the Commission, if you will, sir. Vice Chairman Gort: OK, sir. That request has been made, but, unfortunately, nobody is willing to make that motion. So, we'll continue. Yes, ma'am. Ms. Dougherty: Good afternoon, Mr. Vice Chairman, members of the board. My name is Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on behalf of the owners of the property. With me is Abud, Imad and Michael Hammoud. They have owned this property for over four years, and they were encouraged to buy this property by the then administrator and NET (Neighborhood Enhancement Team) administrator, and the Biscayne Bay -- Biscayne Boulevard Chamber of Commerce. And the reason that they were encouraged to buy this property is because they knew that the Hammouds were going to close their car dealership, which was located, at that time, at 6 and 95. They've had a car dealership in the City of Miami for over 30 years. And you may ask, "Well, how did they know about the Hammouds?" It's because the Hammouds live four blocks away from this particular site. It's taken them four years to close down their existing facilities and -- they've been in permitting for this facility for over a year. This is not a situation where they are about to buy a piece of property, subject to contract, subject to zoning. They own this piece of property. But before they bought this piece of property, they went in to see Juan Gonzalez, the Zoning Administrator, and they asked him, can — "We're in the car dealership business. Can we put a car dealership on this site?" And Juan said, "Well, are you new or used?" And they said, "We sell high-end, pre -owned European cars." He said, "Well, you sell used cars. You, therefore, unlike a new car dealership, you have to go get a Special Exception to ensure that the new -- that we can place conditions on the property or on the approval to ensure that the new car dealership is compatible or looks like -- I mean, the used cars look like a new car dealership. So, having said that, they went -- they started the process of going through a Special Exception. They took -- as I said, they've taken a couple of years to close down their own facility. I don't see all the Commissioners here. This is really important to my clients, Mr. Chairman. 139 February 22, 2001 Mr. Maxwell: You still have a quorum, though, Commissioners. You have three Commissioners in the room, still. Ms. Dougherty: Anyway, they have redone their plans over four times. They've done it four or five different times. They've even hired Jack Luft, who is the former Planning Director, to redo the plans, once again, to try to meet the intent of the Biscayne Boulevard Plan and Comprehensive Plan that Jack has actually initiated and was part of the person who drafted the Comprehensive Plan for Biscayne Boulevard. They've agreed to include, within their plan, a mixed use, including a cafe within the confines of their building, so that it would increase the pedestrian friendly nature of the process and the project. They've met with the surrounding property owners, and I must tell you that we are very impressed with their diligence and their cohesiveness and desire to make Biscayne Boulevard a better place, but I must tell you that they have said to us, "We don't care if it looks like Worth Avenue. We don't want the sale of used cars on Biscayne Boulevard." But that is a use, which is permitted. It's not an illegal use. This is a permitted use. It's not a basis for turning down this application because "we don't want used cars". Certain things I need to point out to you. First of all, new car dealerships are still permitted without a Special Exception. There is no difference between used cars, the sale of used cars, and new car dealerships. The fact is there isn't any difference to selling a new Toyota and a five-year old Mercedes. As a matter of fact, they sell high-end European cars no more than five years old. In fact, new car dealerships are worse, from an environmental standpoint, than used car dealership because, as you know, a new car dealership has all the warranty situations and a full service garage, which this does not have. There are two bays for basically doing detailing of their cars. So, the Planning Department makes a recommendation for approval. It is consistent with the Comprehensive Plan. The UDRB (Urban Development Review Board) has approved this unanimously. Greg Gay, of the Planning Department, testified at the UDRB that this use is consistent with the zoning ordinance and the Comprehensive Plan. You don't have to worry any longer about this being a precedent because you have just passed an ordinance, which no longer allows used cars in the district, notwithstanding the fact that you still have new car dealerships permitted. Neighbors immediately surrounding this property are supportive of this application because they have to live in this neighborhood and, in case you don't know about it -- exactly where it is. This is the subject property. Here is the Black Gold Entertainment, gas station, auto discount car store, the Gold Dust Motel. This is the church that the reverend was just here for; Kentucky Fried Chicken across the street; adult bookstore across the street, the Gallery, and these budget motels, all of which you are trying to get rid of. So, this is not a highly desirable neighborhood at this time, and my clients are going to invest on 140 February 22, 2001 putting a new retail project on the -- in the boulevard, on the west side, which you haven't seen in probably 20 years. And they are willing to do that and put high-end cars in probably the most vandalized area of town where, right now, you have prostitutes -- and this is all in your Comprehensive Plan -- prostitutes and drug dealing going on at this particular corner. Lastly, we have agreed to provide a covenant to the City and have agreed to conditions in approval, which would not allow any test driving in the neighborhood, which would have directional lighting in our -- in the parking lots, which would only allow lighting into the parking lot and not into the neighborhood. Any person who operates -- as long as this is selling used cars -- they must comply with this plan and these conditions... Commissioner Sanchez: And you've entered that into the covenant? It's in... Ms. Dougherty: I have written a covenant. I've provided it to the neighbors on the other side, and we're willing to make that a condition. This is a nation of laws, and this is a City of laws. We have complied with all of the conditions. My client has gone through the process and has done everything that the Planning Department has suggested. We will agree to all of their conditions. This does meet with the zoning law. It does meet with the intent of the Comprehensive Plan. And I'd like Jack Luft now, who is a... Commissioner Sanchez: Wait. Before you go any further, that's -- you're going to have high-end vehicles? Ms. Dougherty: Yes. Commissioner Sanchez: Are you going to be doing any mechanical repairs? Ms. Dougherty: No mechanical repairs, except for those kinds of things that would go along with detailing a car for sale. And I'd like Jack Luft to talk about his plan. Jack Luft: Commissioners, my name is Jack Luft, 1900 Tigertail. I have 30 years experience in the business of planning, and here to testify as an expert witness as to the planning impacts of this project, and I am of the opinion that the modifications that have been offered, plus the enhancements to the site plan architecture, would, in fact, be in keeping -- consistent with the kinds of design and development objectives that you're seeking for the boulevard, and that -- in fact, this particular project, as proposed, is an enhancement that goes significantly beyond anything that we've seen built within this area or anything that is currently under 141 February 22, 2001 construction in this immediate area. I agreed to get involved in this particular effort because I felt that it was an opportunity to make a statement about a design and development project on the boulevard, that would set a standard that would create an amenity, if you will, and an activity that was probably better than most of the permitted uses and the kinds of projects that could come in without review. I won't bore you with the details, but there are any number of fast-food franchises, auto repairs, service places, tire stores, oil changes, that can come in without the kind of tests that this particular project has to meet. What we've -- what I asked the client to do -- and he's agreed and we've portrayed this in the sketch -- that is, generally consistent with the design that was originally submitted. We've asked that the sidewalk area be enhanced -- and we're drawing our direction here from SD -9, considerations for the district, where you ask, along the boulevard, pedestrian open space at the ground floor frontage shall be designed and improved and located approve -- to provide attractively landscaped appearance, palm trees, and other tropical plants. We've added to the sidewalk width to create a better pedestrian environment. I asked them to include a small coffee shop. In fact, we heard at the public meeting the other night that this might be an activity that was in short supply in the area, very heavily used. We could add a sidewalk cafe to that. We've articulated the facade with canopies over the windows, and I've asked him to extend, for purposes of bringing more of a built edge to the sidewalk, an arcade or a lintel and column arrangement with canopies so that we did not have the typical car lot, new or used. The concern was putting something on the boulevard that was going to be visually blighting. We think that the treatment here enhances an image actually better than most of the new car lots have. There would be no signage on the windows, no extraneous messages attacked to the cars, so that we could present the kind of visual quality that, unfortunately, has been lacking. Now, there has been a number of amenities added and enhancements to buildings along the boulevard. I regret to say that new project, even at 72nd, an antique building, has chosen to set back some 60 feet from the street, put parking, lot line to lot line, across the frontage of the property. This is the kind of new projects that have come in that we think we could do better. Your SD -9 asked that off-street parking shall not be placed in the yard areas, that's why we've chosen to move that building back to the setback line, and all the way across at the brick sidewalks, additional trees and the canopy. And we have added additional landscaping interior to the lot. All of this is consistent with the original submitted plans, but it just goes and adds an additional element that we think gives this property a chance to make a better statement than, frankly, just about anything that you could find around it. The criteria that you have in your Code for a Special Exception asks that you address the immediate relationships and the buffering to offset any adverse impacts. We've paid a lot of attention to those kinds of adjacent relationships. We've paid attention to the direction the City is going with 142 February 22, 2001 its design guidelines for the boulevard, and we feel that we fully complied with the spirit and the intent of the ordinance, making really, I think, a good addition to this particular corner as a section of the neighborhood. I'll leave it at that. We've agreed to restrict the signage and no neon lights, none of the typical signage that you see on the boulevard. Greatly reducing that. Just for the cafe and the name of the business. Commissioner Sanchez: Was that also put in the covenant? Mr. Luft: Yes. Vice Chairman Gort: Thank you, sir. Ms. Dougherty: It wasn't put in the covenant. We'll be happy to put it in the covenant and you can make it a condition of the approval. Mr. Loft: We discussed this with the neighbors, and we agreed that we would provide the signage in whatever direction you're going with your new signage code, if you have one, consistent with that. Vice Chairman Gort: Thank you. Does that conclude your presentation? Ms. Dougherty: Yes. And we'd like to reserve some time for rebuttal. Vice Chairman Gort: Sure. Yes, sir. Robert Flanders: Good afternoon. I'm Bob Flanders, and I've lived at 720 Palm Bay Lane since 1980, and I've been a resident of the City of Miami since 1968. I am a co-founder and Vice President of the Upper Eastside Miami Council, the Upper Eastside Umbrella Group of Homeowner's Associations. I also sit on the Parks Advisory Board at the Solid Waste Committee, and on Johnny Winton's Upper Eastside Revitalization Task Force. It is important to note here that the counsel's main focus is the physical and fiscal rehabilitation of northeast Biscayne Boulevard. We work hand in hand with the City of Miami, and the Florida Department of Transportation to improve a long -neglected part of Miami, and we've made astounding progress. And while we support those projects that improve the boulevard, we also oppose those that are not compatible with our vision of the future of Biscayne Boulevard. This vision was developed, with your approval, when you adopted the Upper Eastside Revitalization Plan. That plan was developed with the City of Miami Planning and Community Development Department, and the residents of the area. At the request of the Milano Motors team and at your request, we gladly held a town hall meeting last Tuesday and I'm happy to say there were more than 80 residents in attendance. Appreciative as you are of due process, the community was willing to take a second look and willing to listen and we 143 February 22, 2001 thank the Milano Motors team for their additional effort to make the project more compatible with the wishes of the residents. However, by the end of the evening, it was very clear to all of the people at the meeting that, overwhelmingly, the Upper Eastside neighborhoods are unalterably opposed to the construction of a used car lot on Biscayne Boulevard. Therefore, we respectfully ask that you honor the Zoning Board's 7 to 1 decision, and deny the appeal for the Special Exception. Thank you. Michael Muschett: Michael Muschett. I reside at 760 Northeast 82'd Terrace. I've been a homeowner since 1995 of that residence, and I'm currently the president of Shorecrest Homeowner's Association. Bob said it will. I don't know how much I could add to that, except for that I am here representing the Shorecrest Homeowner's Association and I haven't spoken with anybody that the for this project. The consensus is that absolutely nobody wants a used car lot in that district on Biscayne Boulevard. And I heard mention before that this is such a bad area and that there is prostitution and everything, and I just wanted to go on record as saying, I don't see what a used car lot is going to do about those situations. It's not going to do anything for us. And we're opposed to it. Thank you. Vice Chairman Gort: Thank you. Next. Ann Carlton: My name is Ann Carlton. I live at 743 Northeast 80`h Street in Miami. I'm a resident of Miami for over 80 years. I have watched many, many things and I've heard somebody say tonight -- this afternoon that the people from Milano Motors came to the Biscayne Chamber of Commerce. I'd like to know when they appeared before the Biscayne Chamber of Commerce? If someone can answer that question. Can't do that. Vice Chairman Gort: You address it to us. They'll answer it later in the rebuttal. Ms. Carlton: OK. The reason -- can I cite the reason why I'm asking this question? The reason I'm asking it is because two of us here were on the boards of the Biscayne Chamber of Commerce. I was on that board for seven years. Bob (phonetic) Jacobson was on the board for almost five years. I'm going to let that go at that. However, as far as I'm concerned, I am very, very active with the American Legion people. They have a luncheon there and many people from the west side of Biscayne Boulevard attend that luncheon. They do not want this program in their area. In spite of what everyone was telling me and what I've heard tonight, they are against it and so am I. Thank you. Commissioner Winton: Could I ask you a question? You said you and someone else were on the... 144 February 22, 2001 Ms. Carlton: I'm the Executive Board of Biscayne Chamber of Commerce, yes. Commissioner Winton: You're saying that you did vote in favor of... Ms. Carlton: No, we did not, sir. Commissioner Winton: Or you voted in favor, against or you didn't vote at all? I didn't understand. Ms. Carlton: No. No. We don't remember it coming before us at any time and, if it did, then records will show that we would vote against it. We didn't want any kind of program of that type on Biscayne Boulevard, even at that time. Commissioner Winton: Thank you. Vice Chairman Gort: Next. Mina Samadi: Hello. My name is Mina Samadi and I'm -- I live on 625 Northeast 50th Terrace in Morningside. I'm representing the Morningside Neighborhood Association, and we oppose this use with any design or forms. We feel that this use is not compatible with our hopes and visions of revitalized Biscayne Boulevard, and we feel that this use will undermine and devalue the substantial investment that you've made in our community. So, therefore, we hope that you up hold the 7 to 1 Zoning Board decision and reject this development. Thank you. Vice Chairman Gort: Next. Sal Patromaggio: Good afternoon. My name is Sal Patromaggio and I live at 921 Northeast 72nd Street. I manage four properties that are within the 375 feet of this property, and we did receive our cards and we did send them back in time and... Commissioner Sanchez: Do you live within that 375 feet, that property? Mr. Patromaggio: Yes. Four of them. And eight -- to my recollection, eight came back and six were opposed. Six neighbors that were within the 375 feet were opposed and two were in favor. I'd also like to add that we would like you to uphold the Zoning Board 's vote of 7 to 1, I believe it was. Thank you. Vice Chairman Gort: Yes, sir. 145 February 22, 2001 Dwight Danie: OK. Hi. My name is Dwight Danie. I live at 668 Northeast 72nd Street, and I'm here on behalf of the Bayside Residents Association, and I'd like to submit a letter, if I could? Is that possible? And let me explain a little bit. Because we've only had two days since the town hall meeting, we have not had time to meet as an association to get this letter. So, it's from me. But we will, as an association, be sending a letter in. And, basically, what I'd like to kind of clear up, I guess, is the last time that we were here, there was a -- we were here with the understanding that we're going -- this was going to be an appeal to the zoning process and, instead, what was presented was something kind of like new and something that we had not seen before. So, (inaudible) submit kind of like an objection to that whole process that we weren't notified. Actually, what we saw was substantially enough to have to go in front of -- I don't know what Jack Luft has been presenting or -- has it been presented in front of Zoning Board? OK. It has not. And what we're saying is that all of this would have to go as a new request to the Zoning Board. Instead of hearing the appeal, what we were led to do is have a town hall meeting with the applicants to look at a new proposal, and I stood up here and said, like aren't we here for the appeal and aren't we going to get notified? And I was told that you're being notified now. And I also said at that time -- requested that the board hear the appeal and uphold the decision of the Zoning Board. And I'm here again to say the same thing tonight. I would like you to stick to the appeal process and not introduce anything new and uphold the zoning process. One other thing about the town hall meeting -- and I'm just reiterating what people have already said. It was pretty much unanimous that there was consensus at the meeting to have you guys -- have the Commission uphold the Zoning Board's decision, and tonight a Special Exception. And another point I'd like to make is that some times there is no real way that we communicate solidly with all the different neighborhoods. There is -- even though the Upper Eastside Miami Council is an umbrella organization, we do not hear things from the Upper Eastside Miami Council all the time. We came here unprepared last time. There is no one who actually has taken on the responsibility to notify the neighborhoods, and we would like you to know that. And that came out loud and clear in the meeting. And, actually, there was applause went that was mentioned, that we want you to hear our voices, too, not just the organizations that say they represent us. Vice Chairman Gort: Thank you. Anyone else? Deborah Mitchell: Yes. I'm Deborah Mitchell. I live at 7530 Northeast 8 1 Avenue, and I'm here to represent the Belle Meade Neighborhood that is in opposition to this project. We have presented petitions to the Zoning Board. I have no idea exactly how many, but with all the neighborhoods together, it was over five hundred people signed in opposition to this, and 146 February 22, 2001 we would like to see it upheld. We have a serious worry about covenants being actually enforced and we think that, in times, there will be a great deal of car mechanics -- car repair on this location also. Thank you. Vice Chairman Gort: Thank you. Anyone else? Donald Wilson: My name is Donald Wilson. I live at 7460 Northeast 5th Avenue. I'm less than one block away from the property, just behind it on the west side of the boulevard. And I do not know of one neighbor that supports this in any way. In spite of the comments that all the immediate neighbors are supportive of it, there are no neighbors behind the property that do. You can raise their tempers about as high as you want by just mentioning this. Thank you. Vice Chairman Gort: Thank you, sir. Anyone else? Rosemary Fisher: Good afternoon. My name is Rosemary Fisher. I live at 880 Northeast 69th Street. I'm on the board of the Clepper Condominium and on the Bayside Residents Association. I say this so that you'll know I'm active in the community and all the people with whom I have spoken are totally against this. Also, if you -- you may recall, at our last meeting here, we handed in over 300 petitions against this going into the neighborhood. The -- we've worked very hard to raise the area and everyone feels that they would be detrimental to the area, and what affects the area will affect the City of Miami. So, I respectfully request that you continue to support the Zoning Board 's decision of 7 to 1 against Milano Motors. Thank you very much. Vice Chairman Gort: Anyone else? OK. You have a few minutes for rebuttal. (At this time Commissioner Teele enters the Commission chambers at 4:58) Dr. W.R. Roundtree, Jr.: To the Commissioners, my name is Reverend Dr. W. R. Roundtree, Jr., the pastor of the New Mount Pleasant Institutions of Baptist Churches, 7610 Biscayne, where over 65 percent of my membership is in that area, and we have on roll a little over 800. Our building will hold just about a little over a thousand. There are some things in our area that just should not be, and I'm opposed to several things that is right in the face of the church, right in the face of the school. That is right next door to the church, like a male triple "X" rated bookstore, with the pictures. That is ridiculous with the colors. Here is something that will come to our community, beautify Biscayne Boulevard, give jobs detailing cars to the young people in our area. I stand before this Commission. If this Commission turns these people down, who have worked hard, brought 147 February 22, 2001 (sic) the property, other people tried to buy the property for their own personal use -- these people are trying to add to the community. We need to look at the fact what this company would enhance to our community. It is not just a plain used car lot. It's a showcase, if you see it. I feel that they have bent backwards trying to work with the community, those that oppose, and I feel that this community needs to come together, to work together, not just throw out what you don't want. Everybody's not going to agree to everything in the community. But here is a people who have given their all trying to make this community worth while living in and walking down. I hope you consider to give this company a chance to make this community what it ought to be. Vice Chairman Gort: Thank you, sir. Next. You have a few minutes for rebuttal, though. Michelt Theoc: My name is Theoc Michelt. I live at 511 Northeast 75th Street. Sir, I, myself, I support these people. Definitely, I support them because they building job community for young people. I have two young boys. I'm pretty sure, if they open a job over there, they will work for them. And what I heard is ridiculous. We are in a country, we suppose to do what we want to do, you know. They can't -- some people don't want you open a business (inaudible). I can't say that because if I have my money, I'd -- if I want to open a business, I feel I'm open what I feel like open. But the whole problem is we need to get together and put our heads together to operate together, and I love to—I support these people open a business over there. And that's what I'd like to say. Thank you, sir. Vice Chairman Gort: Thank you, sir. Imad Hammoud: Good evening. My name is Imad Hammoud. I'm the owner of the property, as well as my family here. They own it, part of it. I was invited to come and do business on Biscayne Boulevard early of 1996 by Biscayne Chamber of Commerce, Greater Biscayne Chamber of Commerce. I spoke to Mr. Gary Cheating (phonetic). I did not speak to you, Ms. Carlton. I never met you. As well as Nadia Galvez, she was the Acting Director of the NET Office on Biscayne and 66th Street. They said we are trying to -- revitalize Biscayne Boulevard. We need businesses to come over. Say, OK, fine. Two months down the line, I bought a property. Before I buy it, I went to the Zoning Department and I spoke to Mr. Juan Gonzalez and I asked him, can I do this type of business? A pre- owned auto sale, as well as mechanic he goes mechanic you don't need a hearing, but a pre -owned auto sale yes, you do. You have to go to a Special Exception. I asked him what's a Special Exception? He goes, well, maybe the neighbor would put certain condition on you. I said, fine. Such as? He goes, maybe a wall or a buffer or what have you. But the impression I got, Special Exception does not mean you cannot -- you have 148 February 22, 2001 to deny the whole process or the whole use, and that's exactly what these folks -- my community is trying to do to me. They are trying to shut me down unfairly and the law is allowing it. The zoning laws allow that type of use. They asked me if I could go and give them 12 feet dedication to the City? I said, fine, you can have 12 feet frontage from my property. You could have it, because one day in the future they want to widen Biscayne Boulevard. OK. That would be my pleasure. I'd like to have something really nice on the boulevard, and I work very hard with them. There is not one new construction on Biscayne Boulevard from Dr. Martin Luther King, 62 Street to 79 Street, not one for the last 20 years. I know. I lived in Shorecrest for 20 years, and I know the neighborhood really well. Maybe before any of these folks were there. Maybe some other people were before me, fine, but there are a lot of new people here. I was way before you folks. We're a part of the Crime Prevention Patrol and we -- me and my brother, in the early 90s, we did our share to the community. We fought crimes. We volunteered our time to the community. They are not aware of it. We have certificates from the Police Department, appreciation for our efforts. The west side has been very neglected and very depressed area of Biscayne Boulevard. It seems everybody is doing something on the east side. I wonder why. Now, some folks -- I don't like to accuse anybody -- it seems they have some kind of -- I don't know -- influence with the city or something and they put pressure. The first time we went here, we were going to front the Zoning Board, that we were able to postpone it and push it back. They said they came up with some kind of story. We didn't come in front of the UDRB meeting, what have you. Fine. We went along with it, and we passed it. Now, there are 70 people have signed a petition within the 375 feet of my property, in support of this project. Seventy people. Commissioner Sanchez: Who's got that? Mr. Maxwell: Commissioners, just want to remind you of something that we ought to tell you. The numbers of petitions that might have been circulated is irrelevant to these -- this is not plebiscite. Purely on the criteria, sir. Commissioner Sanchez: I understand, but if it has been placed in the records, then I think we should be afforded the opportunity to look at them. Mr. Maxwell: If it's in the record, you probably already have it. Commissioner Sanchez: Mr. City Clerk is it in the record? Vice Chairman Gort: Give it to the Clerk, sir. 149 February 22, 2001 Commissioner Teele: But in the Zoning Board record before us, as well? Mr. Hammoud: They have a copy of it. I understand the public has a right to speak, fine, but they come from three miles away, four miles away. What happened to the most important people that live within 375 feet? Those are the crucial people should decide if they want that business or not. We are going to create jobs. There are some folks on welfare and we've got to take them off welfare. You guys should be thankful to us. I'm not getting any tax incentive. I'm not getting nothing. I'm investing in this community. The jobs are going to create decent jobs. Nothing to do with X-rated theaters or "X" bookstores, what have you. Some of them are operating without a license, to my understanding, right in front of my property, across the street from it, and that's against the law. I've done everything by the book. Commissioner Winton: By the way, could I -- I'm sorry. This is about the third time that they've made reference to a supposed illegal -- an X- rated illegal bookstore. Do we have an X-rated illegal bookstore on Biscayne Boulevard? Mr. Maxwell: Not to my knowledge. There is a bookstore that is at issue. Whether or not it's legal or not is yet to be determined, but whether it is or not is irrelevant. Commissioner Winton: I'm not asking you. I'm talking to you. Mr. Maxwell: You're talking to him just now? OK. No. Whether there is one legal or illegal at this particular point and time is totally irrelevant to these proceedings. Dr. Roundtree: Commissioner, you asked a question. And there is a bookstore. Vice Chairman Gort: Excuse me, sir. Sir, excuse me. We have a procedure. There is a bookstore. The question is if it's legal or illegal? That's why we're asking. That's all. (Inaudible) being answered. Commissioner Winton: And I'm, by the way, quite familiar with the bookstore. Vice Chairman Gort: Go right ahead, sir. You've got a few minutes for rebuttal. Commissioner Teele: But not a member? Commissioner Winton: Sorry? 150 February 22, 2001 Commissioner Teele: Not a member -- Commissioner Winton: Not a member? Commissioner Teele: -- of the bookstore? Commissioner Winton: I'm not a member of the bookstore. Mr. Hammoud: I have promised jobs to these guys. Commissioner Sanchez: How many jobs? Mr. Hammoud: I'll give you 10 jobs. I have a limit of 10 jobs. You are welcome to take any one of them. Detailing, washing, whatever you like, you could have it. Please don't take the jobs away, all right? That's (inaudible). All I heard from the communities -- there were some people scared. They have their dogs running around the street. They might get hit by a car. Well, that's a public street. You should not have your dog loose on the street in the first place. Yes. All right. I have tried very hard to please my community. I've changed designs three, four times. I tried to work with the Planning Department, Ms. Slazyk, and Ana Gelabert, and -- I've done my best. I've bent my back and I'm very grateful to their support and I appreciate their time, and I hope you think about this and grant me this use because it's, by the law, it's allowed. Thank you. Ms. Carlton: May I say something here, please? Vice Chairman Gort: OK. Excuse me. Wait a minute. Ann, let me try to conduct a meeting here. I have to give him a chance because you're supposed to be a few minutes for rebuttal. You made a full presentation, so I'll have to give them a chance, too. Go ahead. Ms. Dougherty: I'm just going to make a few things for the record. Again, the Planning Department makes the recommendation for approval. There has not been one shred of evidence that is going to say -- other than the fact that they don't want a used car dealership on the boulevard, there has been no evidence that it will have any adverse impact on the neighbors or the neighborhood. The UDRB approved it unanimously. It is consistent with the Comprehensive Plan. It is consistent with the zoning ordinance, and, as far as I'm concerned, there is no basis to revert to uphold the Zoning Board and you should, in fact, uphold this appeal. Thank you very much. Vice Chairman Gort: Thank you. Ann, ask your one question. That's it. 151 February 22, 2001 Make it quick, please. Ms. Carlton: All right. There is one thing it want to know. Mr. Hammoud... Vice Chairman Gort: State your name and address again, please. Ms. Carlton: All right. Mr. Hammoud made a remark that he never met me. Vice Chairman Gort: Name and address again, please. Ms. Carlton: My name is Ann Carlton. I live at 743 Northeast 80'h Street for the last -- almost 40 years. Mr. Hammoud made a remark, that he never met me, which is proof. If he never met me, he was not there. I have been there for a long time. Just before they closed. And I am very angry about this because he's... Vice Chairman Gort: Thank you, Ann. The meeting could have taken place and you might have been absent during the meeting. OK. Ms. Carlton: No. I was at every single meeting. I have never missed a meeting and I didn't -- never missed a meeting here either. Vice Chairman Gort: Ann, they could have gotten together with staff. Don't get so upset. Ms. Carlton: I'm very, very angry. I don't like being made a liar out of. Vice Chairman Gort: OK. We'll now close the public hearings. Thank you. Close the public hearing. Commissioner Winton. Commissioner Winton: The reason that this issue is before us is because there is a process, and there is a Special Exception that's require to make this happen and in order to get that Special Exception, they had to go before the Zoning Board and the Zoning Board denied the Special Exception, and what is it, Milan (phonetic) Motors has appealed that, which is the reason it's here. The issue over whether or not there is currently a strip club at the corner of 79 and Biscayne Boulevard and prostitutes on Biscayne Boulevard and drug addicts on Biscayne Boulevard -- and all of that's true -- is irrelevant because the decision we're going to make today -- and, Commissioner Regalado, it goes back to -- actually, it's interesting that I made that comment earlier about the building that's in -- borders your district and Commissioner Gort's. The comment I made about that earlier absolutely applies here. The decisions that we're trying to make are decisions that are going to impact our neighborhood over the course of 152 February 22, 2001 the next 20 years, and presumably all of the decisions we make are going to have a positive impact in our neighborhood over the next 20 years. And what we've -- y'all have done it just beautifully since I've been here - - is we've made lots of decisions that are designed to create a positive impact on the neighborhood for 20 years, and we're not concerned about just the condition of the surrounding neighborhood. Today, in fact, in many of our neighborhoods, we want to change the surrounding condition. We don't want prostitution and drug dealing and those kinds of things going on in our neighborhoods. And to the point about use. This is a used car lot. A used car lot on Biscayne Boulevard. And as noble and generous as the current property owners may be today, there is no guarantee that they have to own that site six months from now, a year from now, five years from now, 10 years from now. And once we open the door to a used car lot, it can become any kind of ratty used car lot that one could potentially imagine. And, so, our job is to look out for the boulevard in terms of its future. And that's the whole point of this, which has been the, I think, the point of contention on the part of the neighborhood -- of the neighbors and it certainly my point of contention, and that is that a used car lot doesn't belong on Biscayne Boulevard, and thank God we have a process, which is called Special Exception, that forces those who want special kinds of uses to go through a process that may include going before a Zoning Board -- and I don't know. I think that -- I heard the UDRB board, and I don't know how many other boards. And ultimately can get to us, and there is a reason for that and that is, there are flags that go up when you have certain kinds of uses. And you want to make absolutely sure that you -- that all the appropriate entities take a look at this to determine -- to have their say in whether or not long term is in our best interest. This particular issue has now landed before us. And I can say, with no hesitation, Lucia Dougherty made a reference to it, that when she first came to the microphone, and that is that she already knows my opinion, and my opinion is that used car lots don't belong on Biscayne Boulevard, period. And we have -- as she's further said, we have passed an ordinance in here that's going to block out the loopholes so that this kind of thing doesn't come before us again. So, for these reasons, I'm going to move to uphold the denial of the Zoning Board. Vice Chairman Gort: There is a motion to uphold the denial of the Zoning Board. Is there a second? Is there a second? Commissioner Teele: Mr. Chairman, let me say one thing here. Vice Chairman Gort: I've got to see if there is a second first. Commissioner Teele: I'll second it for the sake of discussion, not that I'm going to vote for it at all. But -- no, I won't. I won't second it. I'll force the Chair to -- I mean, I will not second it for sake of discussion. 153 February 22, 2001 Vice Chairman Gort: I'll second the motion. Commissioner Teele: Did the Chair second? Mr. Chairman, let me tell you what the concern that I have here. First, what Commissioner Winton said, in the context of the loophole, is where I really think we should spend our time focused on. Is this a loophole -- or whatever that means -- or is it not? The Planning Director -- Planning staff recommended approval, with some conditions. I think we should be persuaded very heavily by that. Now, let's set that aside. Johnny -- Commissioner Winton, I've been very pleased to be involved in the representation in a different level as a County Commissioner, this entire area, and one of the greatest challenges I think that we all recognize is Biscayne Boulevard has been allowed, by both the County and the City, to go from being one of the great gateways to a great community, to a seedy rundown gateway, and that's what we're trying to reverse. Commissioner Winton: My point. Commissioner Teele: But Biscayne Boulevard is more like the Mississippi River than a street -- than a road, and I always use that analogy. What is going on one side of Biscayne Boulevard has totally no relationship from downtown, the whole notion that we're going to build Bayside and all of the sudden the property values on both sides are going to go, and you know what happened. Everybody started buying on the west side of Biscayne Boulevard. I'm talking now about downtown, and all those guys lost zillions of dollars because it did not radiate up Biscayne Boulevard. The same thing is true in Morningside, in the area there from 54`h Street up to say 79`h Street, which is the next section of Biscayne Boulevard. Most of the concern about Biscayne Boulevard, positive concern, has been generated by both the Chamber of Commerce, the Biscayne Boulevard Chamber of Commerce, and very active Homeowner's Associations, primarily located on the east side of the boulevard, and they have done an outstanding job of advocating for greater dollars for the improvement of Biscayne for recognition. One of the concerns that I have today, as we address this issue, is that the west side of Biscayne Boulevard is really where much of the seed is. In other words, when you look at some of the seedy hotels, when you look at so much of the prostitution that is rampant today, as we speak, up and down Biscayne Boulevard, most of it -- much of it is on the west side of the boulevard, OK? The east side of the boulevard has done a tremendous job in improving, through incremental efforts -- I mean, without going into detail, it didn't just happen. It was a lot of people, some of whom are in this room, who go on -- as far as going to courtrooms and demanding judges sentence prostitutes, as opposed to just nolle prossing it and moving on. But here we come now to this land use issue, and as far as I 154 February 22, 2001 am concerned, Rome wasn't built in a day and the improvements on Biscayne Boulevard aren't going to happen in a day. We must move incrementally to improve it. There is no question that what is before us today is a great improvement over what is there now. Both in terms of the surrounding area -- I'm talking now west of Biscayne Boulevard -- on the west side of Biscayne Boulevard, as compared to the hotel that's two blocks away from this location, and even if you go to the north of this. If this were a new/used car lot -- if this were a new car facility, I dare say there would be opposition to that, as well. The question is, not is this a plebiscite or is this a referendum, but does it meet the existing standards of the Code and the Planning Department's analysis? And I want to ask the Planning Director or the representative of the Planning Director, why did you recommend the approval? And put on the record the basis of the approval. First, if this were a new car facility, would it require a Special Exception? Lourdes Slazyk (Assistant Director, Planning & Zoning): It would require a Class II special permit. Commissioner Teele: What does that mean? Ms. Slazyk: It's a different type of review. It wouldn't go to the Zoning Board. Commissioner Teele: Would it come to the Zoning Board or the City Commission? Ms. Slazyk: It would go to the Planning Director. It's a... Commissioner Teele: In other words, so your office would approve it? Ms. Slazyk: Not necessarily. What we would do is review it for appropriateness, and what happened here was, when we reviewed it for appropriateness, the intent of the boulevard is to promote a pedestrian -- character and pedestrian activity. If you look at our condition for approval, it was a condition that they redesign the structure so that it fit 65 percent of the boulevard frontage, and that's not what's here today. Commissioner Teele: OK. Excuse me. Excuse me. Let me just ask this. A new car dealership, does it require a Special Exception before the Zoning Board or the Commission? Ms. Slazyk: No. Commissioner Teele: So, in other words, if this applicant were to take this application and apply for a new car facility, it would go to your 155 February 22, 2001 department and that would be the end of it? Ms. Slazyk: Yes, but we would put the same condition on... Commissioner Teele: I mean, you would put -- with the conditions, et cetera, etcetera, etcetera? Ms. Slazyk: Yeah. Yes. But it can be appealed eventually to the Zoning Board and to you, because the Class II special permit requires notice to neighbors and to the Homeowner's Association, so it could have been appealed to you ultimately, anyway. Commissioner Teele: Why do you feel that this use meets the existing zoning recommend -- the existing planning recommendation for this, under the current zoning categories -- what is that, C-1 restrictive? Ms. Slazyk: SD -9. It's an SD -9 overlay over C-1. C-1 does include used car dealerships as a use that's permissible by Special Exception. For that reason... Commissioner Teele: Is that an enumerated use? Ms. Slazyk: Yes. Commissioner Teele: In our Code? Ms. Slazyk: Yes. So, in our review for appropriateness in applying the criteria of 1305, we did see potentially adverse affects in the way the project was implemented. It is not designed in a way that will benefit the boulevard. Again, the use is there. We look at it using the criteria of 1305, and a building that has more cars on the boulevard than building does not promote the kind of pedestrian activity and is into the consistent with the intent of SD -9. Commissioner Teele: Is the restriction that you've recommended still the restriction that the proposed structure be redesigned in a way that the frontage on Biscayne Boulevard occupies at least the linear distance of 65 percent of the lot? Ms. Slazyk: We still... Commissioner Teele: Is that what you're referring to? Ms. Slazyk: Yes, that's our condition. And, again, the proposal before you doesn't do that. 156 February 22, 2001 Commissioner Teele: OK. But if we were to approve this with the conditions that you have recommended -- is that what you have asked that we do? Ms. Slazyk: That is the condition. And the reason for that is that if it's going to be a used car dealership with 65 percent of the property on Biscayne Boulevard with building, the use becomes more imperceptible from the street. The cars would be inside in a showroom. If the use fails for some reason, then the building that's left is a building that's got 65 percent frontage on the boulevard that could adaptively be reused as retail to serve the boulevard. Commissioner Teele: What is a use or a designation? SD -9 is strictly -- isn't that strictly the parking issue? What is SD -9? Ms. Slazyk: No. It's an overlay district, recognizing the importance of Biscayne Boulevard as a gateway to the City of Miami. Commissioner Teele: It isn't really what is being made reference to by my colleague, the Commissioner that represents the district, that what we really need to do is change the SD -9. Is that... Ms. Slazyk: That was earlier -- yes, that was earlier on the agenda before you arrived. What happened, I gave a quick history. Let me give it again. When SD -9 was adopted, used car dealerships were not allowed in C-1. SD -9 was adopted and it went back to C-1 for a list of permissible uses. Subsequent to that, C-1 was amended to allow used car dealerships. SD -9 was not amended at that time to say that that was not an appropriate use for the boulevard. Therefore, this project was able to apply. The ordinance that was passed earlier tonight is an ordinance that will remove used car dealerships from SD -9 from the point forward. So, this would be the last application in before the change takes effect. Commissioner Teele: See, that's sort of where I am. I mean, I want to support the change of the use, I mean, fully, but I don't want to start trying to expo facto (phonetic), make changes based upon what we should have done or what should have come forward, and that's just expo facto. That's my concern about the position that we're in -- that we're being put in. Lucia, may I ask -- counsel, why doesn't your client comply with the Planning Department's recommendation? Why don't you -- as it relates to number 3, why doesn't your design meet the 65 percent linear distance or 65 percent of the lot? Ms. Dougherty: Mr. Commissioner, we will comply with that condition. Commissioner Teele: No, that's not the question. Why didn't you all 157 February 22, 2001 comply coming here? Ms. Dougherty: Well, because this is the -- technically speaking, this is the project that was applied for and is before you today. However, we asked Jack Luft to review the process and review the project. And maybe, Jack, you should come here and describe this. In his analysis -- and, again, the condition was we don't want this one. We want something that extends further across the boulevard, and we're willing to do that and accept that as a condition and bring a building back. But I thought that Jack had a better idea, and that is because this Biscayne Boulevard entrance here is a grand fathered curb cut. Much easier for us then to have to go to FDOT (Florida Department of Transportation) and get another curb cut, which would come over here. But if you let Jack just to sort of describe his plan for you, I think it's a brilliant plan. Commissioner Teele: I don't want to do that. That's not my question. My question is, why didn't you all or why aren't you willing to accept the Planning Department 's... Ms. Dougherty: We are willing. Absolutely willing to do so. Mr. Luft: The curb cut was a fixed constraint, and the building could not meet the 65 percent rule, unless we moved the driveway, but the driveway was set by DOT (Department of Transportation). So, there was a concern by the applicant that, you know, we were getting into other regulatory issues by moving that. If that's the issue -- you know, I understand why Lourdes and Ana recommended that, and we discussed it, and I did the best I could to try to extend the facade to express a frontage. The only thing we could do, as long as we were dealing with that driveway. If that's the condition... Commissioner Teele: Commissioner Winton, I mean, you know, I realize that there are a large number of neighbors, particularly people that have really put their blood and sweat on the line over the last 7/8 years to improve Biscayne Boulevard, and the improvements that we're making -- that have been made would not have been possible were it not for homeowner input, et cetera. But, you know, I just don't think that zoning -- planning uses should be a plebiscite. We have to conform with what is in the Code, and if we don't like what's in the Code, we should change the Code, as... Commissioner Winton: It isn't a plebiscite. We have an opportunity to make a decision here. That's what a special -- that's what this Special Exception is all about, and so we have a decision to make here. And my decision is that it's an inappropriate use to allow a used car lot on Biscayne Boulevard. A used car lot. And that's what we're going to 159 February 22, 2001 allow, is a used car lot. And a used car lot, absolutely, is not in keeping with where we're taking Biscayne Boulevard, and it's not in keeping with where we're taking the neighborhood on the west side of Biscayne Boulevard. And the majority of the time that I've spent, while I've been in office, in terms of neighborhood revitalization, I've spent zero on the east side of the boulevard. I've spent all of my time on the west side of the boulevard. I've spent zero in Coconut Grove, downtown. I've spent all of my time in the West Grove. So, my focus, Commissioner Teele, has been significant in our under -improved neighborhoods. That's been my entire focus for over a year now, and this is a part of that. And I am absolutely radically opposed to putting a used car lot on Biscayne Boulevard. Commissioner Teele: Well, the only thing that I could say on that is, the way to do that is to remove it from the Code. Commissioner Winton: And that's what we did before you got here. Commissioner Teele: But what I'm saying is that's expo -- that's expo facto as it relates to this application. Commissioner Winton: And that's exactly right. However, we -- there is a Special Exception required, and the reason for that Special Exception is to give us an opportunity to provide an ultimate decision in terms of what we're going to allow. So, we have that opportunity. We're doing things that are absolutely within our purview. That's the reason we're here. Vice Chairman Gort: Any further discussion? Mr. Maxwell: Could you... Commissioner Teele: Commissioner Winton, I'm just -- you know, I'm just at a lost. When you look at Biscayne Boulevard as it is today and when you look at this use -- if this is a fair -- Mr. Attorney, is this in the record? Mr. Maxwell: Yes, it is. Commissioner Teele: I mean, I just -- I'm just hard... Mr. Maxwell: Do you have those renderings? Ms. Slazyk: For the record, the plan presented by Jack Luft today has not been reviewed by the City. Commissioner Teele: I'm not talking about that thing up top. I'm talking 159 February 22, 2001 about the one in the bottom. Mr. Maxwell: Once they submit them, they become a part of the record. Commissioner Teele: Has this matter with the palm trees and that barrier and that -- is that a part of the record that you reviewed? Ms. Slazyk: Yes, that is part of what -- the bottom design is the original design. That's the one that we recommended that it be redesigned for a 65 percent frontage and come back to the Planning Department for review and -- final design, review and approval of the design. Commissioner Winton: Commissioner Teele, let me answer that question. And that is, what is wrong with -- in light of how lousy Biscayne Boulevard looks -- and it looks lousy. No question about it. This looks 10 times better than almost anything that's in that neighborhood, but that's not the point. This is a democratic country. The people who own that site and are proposing to do that can sell their business six months from now, and they are going -- they can sell their business tomorrow, and the second we've opened the door and say that used car lot is acceptable, two years from now, all those trees could be dead, and the only thing we're really going to see is a bunch of used old cars sitting there on Biscayne Boulevard. A whole car lot full of them. And that's the point here. Commissioner Teele: But, Commissioner, I just don't understand. With this frontage, you don't see any cars on Biscayne Boulevard. Commissioner Winton: Commissioner Teele, you're missing the point. Commissioner Teele: Well, help me, Johnny. Commissioner Winton: The point isn't about what it looks like today. The point is we open the door for it to look like hell at any point down the road. Commissioner Regalado: Excuse me. Got a question here. Ms. Slazyk: Let me explain some... Commissioner Regalado: Lourdes got a question. We just passed something that will not allow that in the future. Now, my question is -- because I've seen it in other areas of the City. If they sell that business and if somebody decides to do other things, maybe another kind of business, they lose some of the grand father type (phonetic) they have to get another permit, a CO (Certificate of Occupancy), special permit, and by then they would not be allowed to do it? 160 February 22, 2001 Ms. Slazyk: Right. Once they get approved, they will be deemed a nonconforming use. If the use ever ceases for more than six months, it's gone or good. If they keep a license alive, a certificate of use alive, it could go on for about 20 years, I believe, with... Commissioner Teele: Let me ask you this in follow-up to that. Can we require that cars not be seen or visible from Biscayne Boulevard? Ms. Slazyk: That was the objective of the 65 percent. What you don't see in this rendering... Commissioner Teele: Is that what you're -- is that just a more... Ms. Slazyk: That was the objective of requiring the 65 percent. Sixty- five percent is a standard we use on primary pedestrian pathways in the City. So, wherever we have designated an area, primary pedestrian pathway, we require 65 percent building frontage with pedestrian design, you know, storefronts, glass in the front. That's the same standard that was applied here, and that's where we came up with the 65 percent. What you don't see in this rendering -- that rendering has all the plants that are going to be in the front, but, obviously, they are not going to put the cars there. If you look at the drawings that are in your package, the building only takes up -- well, you can even look at the one up there. It's a very small percentage of the Biscayne Boulevard frontage. It's well under 50 percent. It's in the 30 percent range. That means that for the rest of the 60 percent, 65/70 percent of the boulevard, you're going to see cars. We wanted that switched around. We wanted 65 percent to be building -- and even though it's a used car dealership, we want the -- what's seen from the boulevard to appear like an enclosed new car dealership. Commissioner Teele: In other words, that's the point. If the cars are inside of an enclosed -- like Braman, for example. If you drive by Braman, you've got the enclosed thing. Now, they've got a car lot. There happens to be another example of a used car lot, you see. See, Johnny, that's the point. If you build a new car dealership -- if these guys had been smart and slick -- I shouldn't say smart, but slick, what they would do is they would come in and get an application for a new car dealership, OK, and then come back and basically front a new car dealership with a used car. Because I guarantee you, they can go out and get a -- what's that company that's going under? Daewoo? Ms. Slazyk: Not without coming for Special Exception Commissioner Winton: You can't do that. 161 February 22, 2001 Commissioner Teele: Why not? Ms. Slazyk: They would have to come for the Special Exception in order to sell the used cars. Commissioner Teele: But, still, they could get, with meeting your requirements, a new car dealership, but you see, this is the point, Johnny. Every new car dealer has what's right on the street, on the side of the showroom? Used cars. Everyone I've seen. On Biscayne Boulevard, if you look at Braman, Rolls Royce and Braman Cadillac, right on the side, bigger space than that is used cars, and that's what we're trying to avoid. That's what I'm against. That's what the neighborhood is against. But what I'm not against is some type of improvements on the west side of the boulevard because I know how hard it's been to get anybody to invest on the west side of the boulevard. If they can't display used cars out on the street or if the 65 percent coverage, as they're alluding to, it's going to require that most of the cars that they have be inside of a showroom? Is that the intent? Ms. Slazyk: Or behind the building, so it's not visible from the boulevard. Commissioner Teele: Or behind the building. Vice Chairman Gort: Any further discussion? Mr. Maxwell: The Clerk has asked that the motion be repeated. Vice Chairman Gort: Motion... Mr. Maxwell: He's asking to repeat your motion. I believe your motion was to affirm the decision of the Zoning Board, denying the request for Special Exception. Vice Chairman Gort: Let me tell you. Let me ask a few questions. The Special Exception, they have certain criteria, certain guidelines you have to follow. Why isn't part of that a public hearing? Ms. Slazyk: The public hearing portion of the Special Exception is so that -- first of all, it's a broader notice. The different types of special permits have different levels of degree of scrutiny, and the Zoning Board is an increased level of scrutiny and the notice is broader. The criteria is actually the same. It's just the board applying it after making findings. The criteria is 1305. It's ingress and egress, drainage, and the one that the Zoning Board relied on here for their denial was the potentially adverse affects generally. 162 February 22, 2001 Vice Chairman Gort: But my understanding also, the reason you have the public hearing so the public can come in. If you recall, we were having problems with the towers and that's where (inaudible) every time you're going to build one of those radio towers next to a residential area, there is a request for Special Exception because, before, they could be built without the public input. Ms. Slazyk: Right. Vice Chairman Gort: And the problem that I have -- and you need to understand and some of you all -- since I got elected November `93, I've worked with the northeast quite a bit. The Homeowner's Association has been working on the plans and we have the Biscayne Boulevard for a long time. I mean, this is not something that's taken overnight. They have been working at it for a long, long time. And I think, somehow, with the - - we just passed the program that they put together for the work they've been doing for the last three to four years. I think we need to -- Zoning Board and the Planning Department should really look into it so these type of things will not happen again. I think people should be aware of the uses that you could have under the new overlaying districts, and that's the only reason that I second that motion. Any further discussion? Call the question. Unidentified Speaker: I have something I'd like to say. Vice Chairman Gort: Sorry, sir question. Mr. Maxwell: Is there a second? Vice Chairman Gort: Yes. I closed the public hearings. Call the Mr. Maxwell: You seconded it. OK. Vice Chairman Gort: You're chairing it. Wait a minute. You're chairing it, Sanchez. Use it again. Hit it. Commissioner Sanchez: Motion and a second. Roll call. (Comments made during roll call) Mr. Walter Foeman (City Clerk): Roll call, Commissioner Winton. Ms Slazyk: Say yes. 163 February 22, 2001 Commissioner Winton: Yes. Mr. Foeman: Commissioner Reglado: Commissioner Regalado: No. Mr. Foeman: Commissioner Teele. Commissioner Teele: No. Mr. Foeman: Commissioner Sanchez. Commissioner Sanchez: With conditions, and I will put conditions. (Inaudible) conditions. That the no flags or banners... Commissioner Winton: That's not the motion. Vice Chairman Gort: No, no. Commissioner Sanchez: No. That's not the motion? Ms. Slazyk: You can't do a denial with conditions. Mr. Maxwell: The motion is to deny. Commissioner Sanchez: Yes. Mr. Foeman: Vice Chairman Gort? Vice Chairman Gort: Yes. Mr. Walter Foeman (City Clerk): It passes. Vice Chairman Gort: Motion passes. Thank you. 164 February 22, 2001 The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-202 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), DENYING THE APPEAL AND AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A USED AUTO SALES ESTABLISHMENT WITH 19 PARKING SPACES (16 PARKING SPACES REQUIRED) FOR THE PROPERTY LOCATED AT APPROXIMATELY 7500 BISCAYNE BOULEVARD, MIAMI, FLORIDA, LEGALLY DESCRIBED ON "EXHIBIT A," ATTACHED HERETO AND MADE A PART HEREOF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. ABSENT: None 165 February 22, 2001 41. ESTABLISH AND AUTHORIZE CAP ON BASIC USER FEE OF $5,000 FOR SOCCER GAMES BY INTER FOREVER SPORTS, INC., AT ORANGE BOWL STADIUM ON JANUARY 26 AND MARCH 7,2001; SAID AUTHORIZATION CONDITIONED UPON INTER FOREVER SPORTS, INC. Vice Chairman Gort: Now we'll close the -- we're through with the PZ (Planning & Zoning) meeting. We'll go back to Commissioner Teele, your presentation. Commissioner Teele, we have the item of your - Commissioner Teele: Mr. Chairman -- which item are we referring to, Mr. Chairman? Vice Chairman Gort: The Commission meeting, the Commission District 5. Commissioner Teele: Uh -- Commissioner Sanchez: Mr. Vice Chairman, before we go on, there's one more pocket item. We are anticipating another soccer game at the Orange Bowl. And it's a resolution. A resolution of the City of Miami Commission establishing a cap of five thousand dollars ($5,000) per event day on the basic use fee for -- Commissioner Regalado: No, we did that. Commissioner Sanchez: No, I believe there's another one. This was presented to me -- there's another game. Commissioner Regalado: Oh, another game? Commissioner Sanchez: Listen, we should be glad that we're getting so many soccer games. As a matter of fact, we're going to bring back the Fusion. We're going to work at bringing back the Fusion to the Orange Bowl. It's a -- Commissioner Regalado: See? We can have football, soccer, baseball, boxing. Commissioner Sanchez: It's going to be a sports complex. Cock fighting. Commissioner Regalado: Cock fighting. Commissioner Sanchez: It's a joke; it's a joke. It's a resolution of the City of Miami Commission establishing a cap of five thousand dollars ($5,000) per event/day on the basic use fee for a presentation for soccer matches presented by the Inter Forever Sports, Inc., held on January the 26th, 2001, and to be held March the 7`h at the Orange Bowl Stadium. Further condition, said authorization upon the promoters paying for all necessary costs of all City services and applicable fees associated with said event, obtaining insurance to protect the City in the amount as prescribed by the City Manager or his designee, and complying with all conditions and limitations as may be prescribed by the City Manager or his designee there. So move. 166 February 22, 2001 Vice Chairman Gort: It's been moved. Is there a second? Commissioner Teele: Second. Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01- 203 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING AND AUTHORIZING A CAP ON THE BASIC USER FEE OF $5,000 FOR THE PRESENTATION OF SOCCER GAMES BY INTER FOREVER SPORTS, INC., AT THE ORANGE BOWL STADIUM ON JANUARY 26 AND MARCH 7, 2001, SAID AUTHORIZATION CONDITIONED UPON INTER FOREVER SPORTS, INC., (1) PAYING ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT, (2) OBATAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR DESIGNEE, AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FROM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None 167 February 22, 2001 Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Commissioner Teele. Commissioner Teele: Regarding the Performing Arts Trust, I would like to ask that the Commission consider the name of Carole Ann Taylor to be a member of the Trust. The Performing Arts Trust. Has that been done? Vice Chairman Gort: No, it has not been done. We were waiting for you. Commissioner Teele: This 's a letter in the file and I would ask that the name be -- at this point, be transmitted to the Trust, Executive Director, for his consultation, and that would not constitute a formal appointment, but a request to deliberate. Vice Chairman Gort: All right, sir. Also, I'd like to mention that the letter that was received from the Trust, the lady, (unintelligible), that they recommended is a highly recommended individual that worked very hard within the arts within the City of Miami. Just wanted to mention that. OK. 168 February 22, 2001 Commissioner Teele: Mr. Chairman, regarding the issues relating to the district, if you will. I would request that the Manager provide us with a report at the next Commission meeting or within the next 30 days regarding the street designations of the Representative Joe Lang Kershaw, a designation that was requested on 14th Street, and that the designation regarding Dr. Mable Butler on 55th Street and 17th Avenue be reported, as well as a report on the designation of a street in honor of State Representative Gwendolyn Cherry. I would so move that those reports come back within the next 30 days, along with the status of the parking lot on 17th Avenue and 55th Street, the old Hardemon grocery store site that continues to meander around. I would request that you all prepare us with a written report on that within the next 30 days. Vice Chairman Gort: Commissioner Teele, if I may. On the naming of the streets, I think, if you make a motion, we can take it over to the committees so they can bring it back to us with the designated street. Commissioner Teele: Well, we've done that before. That was done back in October -- November, and, again, I had hoped that it would have been ready for the month of February. That's obviously not going to happen, during the Black History Month, but I would so move that those streets be -- and that we be advised of that. Vice Chairman Gort: When we passed it in October, did we designate a specific street? Commissioner Teele: No, we did not. We designated that the City staff -- you know, I don't like taking streets and just doing that. I like to do that in conjunction with the Planning Department, and the Public Works Department and, possibly, you know, neighborhoods, but it's moving very slowly and I just want to make sure that those three streets -- the only street that we designated was Dr. Mable Butler, which was 55th Street, which is between 17th Avenue and 19th Avenue, and then I was also asking that the parking lot there on 17th and perhaps a memorial plaque could be erected to Dr. Butler. It had been my hope that we would have had those things accomplished during Black History Month -- and I'm not criticizing. I realize that there had been a lot of issues that we're dealing with. But I would ask that we get a report on that in the next 30 days, during the month of March. Carlos Gimenez (City Manager): Yes, sir. 169 February 22, 2001 Commissioner Teele: Also, Commissioner Winton, in particular, it's my pleasure to report to you that the after considerable debate in the MPO (Metropolitan Planning Organization) -- and you may want to pay attention to this -- that the MPO has instructed the MPO staff and the Florida DOT (Department of Transportation) staff had requested of the County Commission staff to work cooperatively with the City of Miami in determining all issues associated with the relocation of Biscayne Boulevard and the utilities associated with that. Mr. Abreu, Jose Abreu, has been getting a lot of requests and a lot of people calling, and I think it's important that we provide some structure to that and the MPO did that. I think it's important that we know, as a Commission, that the County does not get to determine the realignment if we're going to do a realignment at all, and I'm not prejudging that. That's something that has to go to the MPO, and so the MPO was particularly grateful that it would come to them early on so that it wouldn't just come to them as something to sort of be rubber stamped, and there was a lot of discussion from County Commissioners, who vented that they have not gotten any information on anything, and I kept reminding Commissioner Alonso and others that this is not a County Commission meeting. If they want to take that up with their Manager, do that at a County Commission meeting. But I think it's very fair to say that nothing is a done deal. Everything is very much in play. And I think it's very important that we keep the various powers that be fully briefed, not only ourselves, Mr. Manager, but anyone else. For example, any movement to Biscayne Boulevard is going to not only have to be approved, but there's going to have to be funding approved at the MPO. I mean, the County Commission doesn't get to do that. And the MPO consist of Valdes-Fauli, Mayor Valdes-Fauli, Mayor Martinez, School Board, and five or six other people who are not even members of the County Commission, and there was a lot of discussion and debate about it. Commissioner Sorenson, in particular, and Commissioner Morales, who voted no, was the only no votes on the instructions of studies. He said he doesn't want to do anything to assist the stadium being in Bicentennial or anywhere around it. So, as well as 170 February 22, 2001 Barreiro raised -- Commissioner Barreiro. So, I just thought it's important that the Manager know and the Commission know that, in terms of what we're looking for from this study process of a consultants, that we're doing everything we can to ensure that there's adequate and full information, particularly on the utilities. Now, as it relates to the study, I thought that it was going to come up this morning when Commissioner Winton brought it up, and we were so compressed for time, after giving out so many awards or presentations, that that discussion got truncated. And I'd like to return to Commissioner Winton's discussion on his willingness to move the master plan process to after this discussion. The one thing that I wanted to get clarified -- and I would hope that Commissioner Winton -- because I don't -- the Sunshine Law doesn't allow me to talk. I'm reaching out, I guess, directly to you on this. It's my hope that whatever the consultants are doing will be transparent and that is that each Commissioner, but particularly Commissioner Winton, as well as all of us, will be afforded the opportunity to meet with the consultants and to deliberate or to at least make requests in terms of specific issues of the consultants because, at the end of the day, this is not a static process whereby the consultants are going to issue a report and then we're going to vote unrelated to what that report is. I'm going to base my vote very heavily upon what the consultants report, as well as what the Manager reports, and I just wanted to, first of all, ensure that there is some degree of transparency, that this consultant process is not something that's going to be put in a back room and controlled, but something that is going to be extremely opened; that the Marlins will have access to interact with the consultants; that the Commission and the Mayor will have -- and I'd like to just hear, I guess, from you, Commissioner Winton, and then from the Manager on how you feel about that concept. Commissioner Winton: I think your idea is outstanding. In fact, it's kind of been rolling around in the back of my head, but I wasn't able to grab control of the thought, nor articulate it as you have. I'm a hundred percent in favor of it. I think that's very, very necessary. Carlos Gimenez (City Manager): Commissioner, I have absolutely no problem with the consultants have set up a memorial, for lack of a better word, next to (inaudible) next to my office. I was very specific. I have no preference of sites (inaudible) sites. You do your work. Whatever you need, you let me know and I'll get you the resources to get it done by the 15th. That's my main objective. They have no preconceived notions of (inaudible) direction from me as to where, you know, I would want them to go. So, they're free to go about their work. You're free to call us at any time. We will be happy to give you updates on a periodic basis, and, like I said, the door is open. My telephone lines are open and they're available to you. Commissioner Teele: OK. 171 February 22, 2001 Commissioner Winton: Is there a schedule of meetings where the consultants and staff come together in some discussion form? How is the process working? Mr. Gimenez (City Manager): Right now, what we started out with is basically a (inaudible) different responsibilities that the consultants will have. There are other entities and other disciplines that they need in order to do their work, and we're in the process of obtaining those disciplines for them, and then, again, digging up that work and saying who's responsible for what and then, I'm sure after that, there will be some kind of meeting scheduled and some kind of update scheduled. If that's developed -- when and if that's developed, I'll be happy to share it with you. Commissioner Winton: Yeah. Because that would be nice. I mean, if there's some -- if - - it seems to me that when you're going to have meetings of the committee, to where subcommittees are coming back together and we're reporting to kind of keep the process moving, I think it would be helpful if the Commissioners were notified of those meetings. And, so, if somebody wants to come, they can come. If we end up with a sunshine problem, then we'll deal with it then. Mr. Gimenez: We'll be happy to give you a schedule of any meetings that they have with outside entities. As far as the committee structure, (inaudible) it's a very -- it's a loose structure in terms of there's no (inaudible) basically working together and getting things accomplished and giving data back to the (inaudible) consultants who are responsible to do the job. If they have to get information from outside sources, we will give you the meeting times and dates that they requested to have them. Commissioner Regalado: Yeah, but -- excuse me. There is no -- I mean, you just said that we can pick up the phone and call you or the consultant, but what Commissioner Teele said is something different, is for you to tell them to go meet each of the members of the Commission so, if we have a specific issue, we will ask them to research it, and not on the 12`h when we get the report. We have to call you, "Oh, Mr. Manager, there is a -- you know, the access to the expressway off Orange Bowl is not here. We don't know how many cars or whatever." I think it will be healthy -- what Commissioner Teele is saying -- not show up at the meetings because you don't have the time, we don't have the time, and it gets confusing because we just go there to listen, and if we start asking questions, it may be questions that already been asked. So, you should get one of the consultants out of the situation room of the White House and bring it here. Situation room. He's at the war room now. It's a situation room, you know, where they have all the satellites and all that resources of all the push up the buttons and all that. So, get them out of the situation room and bring them here whenever they can. I mean, 172 February 22, 2001 whenever they can. No. Whenever we can because they're being paid by us. So, whatever we can -- and we'll ask them some issues. Mr. Gimenez: Commissioner, you're part of the process, and they understand that -- you're definitely -- your input is to be part of the entire process (inaudible) subcommittee (inaudible) individually. They'll come see you and get your input on record. Commissioner Teele: Mr. Chairman, if I may continue. Regarding this community -- the state community improvement, are we staffing and do -- we passed a resolution, when it first was set up, that the Clerk's Office would maintain monitoring of that, along with your office. Are we following that and, particularly, as a move toward a decision. I think, with all due respect to governments working together, we clearly need to understand what their recommendations are and how they're coming from those, and, in that regard, I'm specific -- I'm requesting that you provide the Commission with a detailed summary of whatever their recommendations are, as soon as it is convenient, after their decision. I realize that The Herald does a good job of reporting, and I'll read that well before, but I do think it's important that we receive a full report from you on that process, and any comments that you may have as a part of this. The other aspect of this - - and I just want to put it on the table because I think we've gotten far enough away from the pressure that we can think intelligently, and, Johnny, Commissioner Winton, I want you to listen, please, very closely. A part of the challenge that we're confronted with in making a vote, in making a decision, is information. Getting good, credible, and reliable information. And I ought to be careful how I proceed from here. In my opinion, one of the biggest mistakes that the Marlins made to date was they did not -- they could not -- let me put it this way. It was difficult for me to evaluate the straight face test in listening to the Marlins' discussion on their analysis of various sites. That's as diplomatic as I can say it. Commissioner Winton: That's very good. Better than I would have said it. Commissioner Teele: And a big part of what was missing, to be very honest, is while the Marlins may have assembled one of the world's best teams in terms of development and construction, I cannot name a single, local, significant company or consultant that is going to be doing business here; that's not going to climb in a lear et after it's all said and done, that we can ask: "is this your professional opinion?" and pin those people to the wall. Now, I don't want the City to make the same mistake. I think we all know that, unfortunately or fortunately, the Mayor has a plan; various Commissioners have said what they want and what they would like to see; I've said specifically that I do not want it in Bicentennial Park, but I've also said that, if that's the only logical choice, then I'm open to that, but the question has always been: are any of the other sites getting real 173 February 22, 2001 consideration? So, somewhere between what the Marlins have made and where we're going now, I want to put it on the record. I would like to see who the consultants are, and I specifically would like to see the City have, as a part of this team, some consultant that is acceptable to the Manager, that is significant, that does business, that is not going to climb in the learjet after this is all said and done, or retreat to Monroe County or Broward County after all of this is done, that is here; that does business in this community; that is going to be relying upon this Commission and the public's credibility as a part of their stake in this community, and I think that's one of the big mistakes -- I'm talking about technical now. I'm not talking about lawyers and lobbyists and community activists and community raisers and all of that. When someone says that this cannot be built in this location for an additional 18 months, I want to see some names of individuals that have put their name and their reputation on the line on this, that know what they're talking about because that's their area. You know what I'm saying? And I'm not, at all, saying, Mr. Manager -- but you know and I know, none of those guys can tell you how to connect a fire hose to a faucet and some of us may not be able to determine, you know, how long it's going to take to remove a utility. I mean, we all have different disciplines. So, I just want to be on the record as saying, I think we ought to spend the time doing this right. We should not let dollars be the number one constraint, and I will support any decision that you make, Mr. Manager, in terms of bringing consultants because none of us want to make a three hundred and fifty or four hundred million dollar ($400,000,000) mistake. So, I'm not going to nickel and dime you on that, but I want some information and I want the resumes of the individuals that are involved in this as soon as it's convenient. And I just wanted to say that on the record because I think, you know, given the fact that some Commissioners may prefer the Bicentennial, some may prefer the River, some may prefer one plan or the other. It tends to make everybody suspicious as to whether or not the consultants are counting votes, if you will, and we want the best plan to come forward. So... Mr. Gimenez: Yes, sir. I couldn't agree with you more. I think this is a perfect example of not being (inaudible) so we are -- I know I got a hundred thousand dollars ($100,000) to put to (inaudible) I'm going to come back to you and say we're going to need some more, and we're just trying to get the best people that we could line up to make this as good a report as analytical and logical report as possible when we come back to the Commission. On the other subject of what's going on with CIA (Community Improvement Authority) -- and that's not the Central Intelligence Agency. That's Community Improvement Authority, which is the committee that's working as a state -- County and City going to be working on this ... Vice Chairman Gort: They act like a CIA (Central Intelligence Agency). 174 February 22, 2001 Mr. Gimenez: Excuse me? Vice Chairman Gort: They act like a CIA. Mr. Gimenez: Sometimes they are. (Inaudible) not too many people go to the meetings, but we -- I've been to a number of the meetings. They plan to -- (inaudible) selection subcommittee plans to have a recommendation by the 27th, and the full committee is to have a recommendation on the site on the 28th, and that was their original timeline. They wanted the City to give us recommendation first, but they're sticking by their original timeline, even though they know that we're not going to go to the March 15th. So, on March 15th you will have the benefit of their thought processes to what was (inaudible) Vice Chairman Gort: Let me ask you a question. The information they're getting, they're getting information from us or our experts or the people we're going to hire? Mr. Gimenez: They are not -- they got a — the same presentation that you all got in terms of the positive and the negatives. They are not obviously (inaudible) our consultants will not be ready to give the substantive information by the time they were ready to do their site selection. I explained that to them, but they've decided that they were going to proceed. So they have all -- they will have -- they have their own timetable and they'll (inaudible). Commissioner Sanchez: But here is -- and I agree. I don't want to be -- you know, I don't want to nickel and dime you on this, but how much is -- the limit that we're going to put on studying all these sites? I mean, I think that, being that the Marlins are the ones that are still saying that they want to keep baseball in Miami and they have focused on one site only -- I mean, from what I hear here, people saying that maybe the votes may not be here for Bicentennial Park. You know, maybe they're the ones that need to spend the money on other sites and do these studies, because we have hired the consultants and we have basically -- my understanding is, fifty thousand dollars ($50,000) and now we're talking a hundred thousand dollars ($100,000) to our consultants to study all the sites, to come back with a report, and analyze a report that's going to be given to us by our hired experts, not other people's hired experts. You know, I do have a concern that, how much are we going to invest -- you know, how much is -- you know, what's the limit? If we're talking about seven sites and now there's another site. You know, they're the ones that are, sooner or later, going to have to say, hey, listen, maybe that's -- we're not going to get the votes for that site. You know, let's start utilizing some of their resources and their money to study some of these programs. Because -- I mean, I just can't see us putting five hundred thousand, a million dollars ($1,000,000) into this. I mean ... 175 February 22, 2001 Mr. Gimenez: It won't be up to that. It will be... Commissioner Sanchez: Well, when we say -- wait, wait, wait. Hold on. I understand, City Manager. When we say, you know, don't -- you know, I don't want to be cheap on the plan. You know, people need to know; it's not our money. I mean, it's the taxpayers' money. How much are they willing to invest and to study this? So, I'm concerned when they say, well, we're not going to put a figure on something. We're just going to toss it out and let the consultants. You know, we've got to be very careful here and maybe, you know, on the deadline -- I hate to use the word deadline because -- but when it comes to our consultants to come out with the final report of what they're going to conclude in their analogy in the report, then we're going to decide, you know, that side is not feasible. We could scratch that one out. Then, you know, let's have them pay for some of the studies because they put a lot of money into one site. They've put all their marbles on one site. And, you know, now that I come to think about it, maybe some of the plans set forth by one of these Commissioners at first makes a lot of sense now. Commissioner Winton: Could I make a -- you know, when we first — we've directed the Manager, I don't know, some time ago to bring our own consultants on board to help us just analyze this whole baseball thing, but -- and I think I said this at the last meeting -- the fact of the matter is, the technical analysis that our consultants are trying to do is an impossible task, and it will be impossible until there's absolute assurance that the Marlins are at the table objectively reviewing the technical issues surrounding the sites, because our consultants can't design a stadium. The Marlins are designing a stadium. Vice Chairman Gort: Yes, they can. No, they can. My understanding, they can. Commissioner Winton: Yes -- but we're not paying them to design a stadium. Because the Marlins will say, that is your design. That design doesn't work for us. And, by the way, I've heard that already. So, I'm not making up the statement. I mean, I've heard that statement. "That's somebody else's design. We didn't design that and that design doesn't work for us." So... Commissioner Regalado: But -- can I ask you, Johnny -- because you know about this, about land. I thought that the work of the consultant is to take a piece of land, the amount of land that the Marlins say they need and tell us if we were to buy this property, which is private property now, it would cost the City that much. If we are going to change this avenue, it would cost the City that much. If we are going to have to move some utilities, the City will have to pay this. If we rent this to the County, we're going to get in return zero. Everything that we want to know is not -- but not the design. We'll give them -- they say they need 17 acres. That's what they said, right? 176 February 22, 2001 Commissioner Winton: Well, it depends. See, nothing is that easy. Commissioner Regalado: Yes or no. Commissioner Teele: Twelve, 14. Commissioner Winton: No. They've met Mr. Gimenez: Commissioners, if I may. Part of their work is to analyze a site and to assure that you can build a state-of-the-art baseball stadium at this site. That's part of the work. Vice Chairman Gort: Yeah. Commissioner Regalado: Yeah. But, Carlos ... Mr. Gimenez: That's part of their (inaudible). Commissioner Regalado: I guess that the concerns of the Commission is more, what it's going to cost to the City; what it's going to bring to the City; how much money we have to invest if we were to buy some land, where do we get that money; how do we leverage that money with the other issues? And that's all. I mean, the design is their job. Mr. Gimenez: Well, that's true. But our consultants, who have been (inaudible) they've done -- actually, one of the people has actually done a site selection for stadiums for the last 10 years. One of their charges is to make sure that whatever site -- when a site is given as "here is the site" that "A", a state-of-the-art baseball facility can, in fact, be built at that site. If you can build a state-of-the-art baseball facility at that site, you might as well take it off because that's one of the things that this Commission has said that they don't want to build another Miami Arena. They want a state-of-the-art baseball facility. That is one of their charges. Commissioner Regalado: And one of the things, Carlos, that I think -- I don't know. Maybe they're going to do the other way, but I don't think that the consultants should vote. What I mean is, don't come to us and say, "well, the consultants are recommending, number one, this is the best site; number two, this is the second" because what's going to happen is that -- if we vote differently, the people and the media is going to perceive this as the Commission voted politically, instead of some information from experts. So, if they recommend one site as the preferred site, they're going to put us in the box. 177 February 22, 2001 Commissioner Teele: But -- and I agree with you one hundred percent on that. However, we don't need their recommendation on a site. We need the facts from them. We need the Manager's recommendation. The Manager's going to have to recommend something, and that's going to put us in a box to some extent. But what I don't want is, I don't want a bunch of consultants come in here and then the newspaper and editorial board all of a sudden make the consultants, you know, the be all to end all, because we aren't hiring them ... Vice Chairman Gort: That's what happened in the past. Commissioner Teele: Well -- and see, that's the way the City has set itself up, you know, and then you get the manipulation of consultants through another mechanism. So, I mean, I've sent -- been here and done that a couple of times, and I agree with Commissioner Regalado. We don't need them to give us recommendations one, two, three order of merit. We need them to give us and you the facts. We need your recommendation and the justification. That's why I kept trying to make that distinction when we were doing this because then you're going to say, "Well, I'm following the consultant's recommendations," and we're not paying the consultant. We're paying you to give us a recommendation. I apologize, Commissioner Regalado, on that point. But going back to the point my colleague Commissioner Sanchez just made, I want to differ just a little bit on one point. When you talk in terms of federal governmental processes, such as Department of Transportation, where I have some background, we normally -- the transportation department allows -- and Public Works can comment -- you normally allow five percent of a project to be planning to go or no go. Now, I'm not proposing five percent. I'm not proposing one percent. But I'm going to tell you something: If you spend one million dollars ($1,000,000) and as a result of this study, our decision is not to go forward at all, we will have saved three hundred and eighty-five million dollars ($385,000,000), plus the cost of land, plus -- I mean -- so, I don't think we ought to let -- within the order of magnitude that we are a City that is financially under a state of financial oversight, we should not, however, let dollars be the sole determination as to how far we go. And I still maintain the colossal mistake that this City made was this Commission made a decision on the Miami Arena that was not based upon any type of professional outside analysis. It was based upon five Commissioners -- a Mayor and four Commissioners becoming experts by virtue of the fact that they had been elected into office. And, so, I wanted to make that point very, very clearly to you on that. And, finally, in this regard, on Monday, the 26t , there will be an MPO (Metropolitan Planning Organization) -- I mean, a CRA (Community Redevelopment Agency) meeting and in that meeting, it is my intent, Mr. Manager, to ask that the CRA be engaged in the process with you to provide an economic impact on the impact of the CRA because, in your 178 February 22, 2001 report, that was not even one of the considerations. There was a veiled reference to it, but I think it's very important that we understand the economic impact to the CRA, as well as to the overall tax base, and on the whole infrastructure question. And, finally, to the City Attorney: I have some very, very deep and troubling concerns about the legal authority of the City to engage in imminent domain and quick take and all of that for this purpose. And I would appreciate if you would commence a scholarly review of the authorities of the City versus the County versus the CRA versus an independent agency, and I'm suggesting that there are at least three different state standards, based upon both the court decisions and the law, as to who can take for public and private purposes and under what conditions they are, because I think one of the things that's very intriguing to me is the Orange Bowl site. And -- I mean -- but I'd like to know, before anybody starts looking at that very seriously, if the City can, under the limitations of court orders, court limitations, as well as state laws, undertake a taking that essentially would be for this type of purpose. Now, obviously, if the County owned the land or something, it would be maybe a different answer. If the -- OK. But I think -- you know, we all -- I've not read anything. I happen to be a lawyer, and I'm not sure. I know enough to know that there are some legal issues here, and I'd like to at least be privy to that. I don't know if the Manager is already privy to it, but one thing for sure: It should color a whole lot of the thinking on who's taking what and who's looking at what. And I just think it would be very helpful if you could take that scholarly review and try to get it out before the end of this. And those are the issues that I wanted to relate in the district. I'm ready for my pocket items whenever you're ready. Vice Chairman Gort: OK, sir. Bring it up... Commissioner Regalado: I have a resolution. Vice Chairman Gort: We have report from the auditors of the surcharge. Go ahead. Commissioner Regalado: Before you do that, I have a resolution that I think give us the tools to follow up and everything that we are doing. My resolution is that, within the next 10 days, the consultants will meet individually with the members of the City Commission and the Mayor, so the City Commission will tell them some ideas and areas to look for; that the consultants be directed by the Manager to specific -- give us information without recommendations, and that the Manager makes a final recommendations to the City Commission on date set, that will be the 12th, before the vote of the 151h Commissioner Teele: Second the motion. 179 February 22, 2001 Vice Chairman Gort: There's a motion and a second. Commissioner Teele: The motion is essentially that the consultants be instructed to meet individually with the Commission, which is no different from what's happening now on all the other consultants -- Arthur Anderson people are meeting now on the technology issue, et cetera -- and that they be instructed not to give a specific recommendation, but to quantify -- but to state what their considerations are, and that the Manager be -- that's the motion as I understand it? Commissioner Regalado: Right. And it has to be within the next 10 days so they will have -- no. Fifteen days to work on the issues that you all... Commissioner Winton: You know, I think there's one more thing that ought to come from the consultants, ultimately, and this doesn't have anything to do with them making any sort of recommendation. What they also need to do in their final analysis is to put in writing the impediments to development as they've identified them, on each of the sites. The reason for that is... Commissioner Teele: Impediments what? Commissioner Winton: The impediments to development. The reason for that is because they may have made some baseline assumptions about a site and an impediment about the inability to do that site that could be wrong. Not because they -- but because people give out -- and I'll give you an example of that. When we first started talking to the County about moving the lift station in Bicentennial Park, one of the numbers that came back to City staff was thirty million dollars ($30,000,000) or some outrageous number like that. So, what the City (inaudible) use thirty million dollars ($30,000,000) because that's what they were told. So, City staff did what they were supposed to do, but when you talk to Merritt Steirheim and the Mayor, the number is 8 to 10. So, there are pieces of this stuff out there that gets twisted. And the Manager's -- see, it's so classic. And the Manager's sitting here whispering in my ear "it can't be done." Well, that's the whole point here. There are assumptions that will be made for which you cannot get clear-cut answers, probably, without spending some additional significant money, and we need to know what those impediments are so that we can make informed decisions about -- simply about impediments. Because there could be ways to do things here where the easy answer is no, but a more challenging answer could turn that into yes. Vice Chairman Gort: OK. There is a motion... Commissioner Regalado: Well, how do we incorporate that in the... 180 February 22, 2001 Commissioner Winton: Just simply suggesting that the consultants are responsible for -- on all their sites listing -- just simply listing the impediments to development on each of those sites. That simple. Vice Chairman Gort: Discussion on the motion. Gentlemen, when you sit with these individuals, I'm going to have a lot of questions and I'm going to give a lot of suggestions to them. For example, we want to see a set of drawings but I want to see in all those sites what -- if we can build a stadium there and it doesn't have to be that particular schematics that we've seen. And it's up to us to ask the questions and make sure that we give all the input from our side. And if it... Commissioner Regalado: Because, you know, remember -- remember something. This Commission, in the past meeting, by five to zero, approved that the City will participate, even in land buying. So, we're going to invest money of the residents of Miami, so we better be real informed if we don't want to go down in history as, you know, the guys who made worst deals in the history. I mean, there are bad deals, not the worst deals. Vice Chairman Gort: OK. Any further discussion? Alejandro Vilarello (City Attorney): Mr. Chairman, the Commissioner characterized it as a resolution. It's simply a motion with a direction. So, it doesn't need to be a formal resolution. It's a motion. Commissioner Regalado: OK. Vice Chairman Gort: Do you need a vote? All in favor state by saying "aye." The Commission (Collectively): "Aye." 181 February 22, 2001 The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 01-204 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE CONSULTANTS STUDYING SITE LOCATION FOR PROPOSED BALLPARK FOR THE FLORIDA MARLINS TO MEET WITH THE MAYOR AND THE MEMBERS OF THE CITY COMMISSION INDIVIDUALLY WITHIN THE NEXT TEN DAYS; FURTHER DIRECTING THAT THE CONSULTANTS PROVIDE SPECIFIC INFORMATION TO THE COMMISSION, WITHOUT MAKING RECOMMENDATIONS, AND OBTAIN EACH COMMISSIONER'S INPUT; FURTHER DIRECTING THE MANAGER TO MAKE A RECOMMENDATION TO THE COMMISSION ON PROPOSED SITE FOR THE AFOREMENTIONED BALLPARK BY MARCH 12, 2001; FURTHER INSTRUCTING THAT THE CONSULTANT IDENTIFY THE IMPEDIMENTS TO THE PROPOSED DEVELOPMENT ON EACH OF THE SITES. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 182 February 22, 2001 Vice Chairman Gort: Does that conclude the -- you have a pocket item, Commissioner Teele? Commissioner Teele: Yes. Mr. Chairman, three quick things here. Pursuant to the discussion this morning, this is a resolution, which we addressed, perhaps, as a motion. The attorney has codified as a resolution of the City Commission directing the City Manager to immediately commence discussions with MSEA (Miami Sports & Exhibition Authority) and Miami -Dade County, requesting the dedication of excess convention development tax funds, not necessarily to fund to Miami bond arena, to be specifically earmarked for capitol improvements at the Miami Orange Bowl and the City of Miami's University of Miami Knight -- James L. Knight Center -- International Center; and further directing the City Manager to report his findings to the City Commission as soon as such information becomes available. And I would only amend that by saying, capital and bond financing as relates to the Orange Bowl and Knight Center, respectively. Vice Chairman Gort: There's a motion. Is this a second? Commissioner Winton: Second. We've memorialized an orange? Vice Chairman Gort: Any discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 183 February 22, 2001 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-205 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMMEDIATELY COMMENCE DISCUSSIONS WITH THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") AND MIAMI-DADE COUNTY (THE "COUNTY") REQUESTING THE DEDICATION OF EXCESS CONVENTION DEVELOPMENT TAX FUNDS NOT NECESSARY TO FUND THE MIAMI ARENA BOND ISSUE TO BE SPECIFICALLY EARMARKED FOR CAPITAL IMPROVEMENTS AND BOND FINANCING AT THE MIAMI ORANGE BOWL MEMORIAL STADIUM AND THE CITY OF MIAMFUNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER; FURTHER DIRECTING THE CITY MANAGER TO REPORT HIS FINDINGS AND RECOMMENDATIONS TO THE CITY COMMISSION AS SOON AS SUCH INFORMATION BECOMES AVAILABLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 184 February 22, 2001 Commissioner Teele: The other two are the pocket item and this is a resolution requested, I guess, by the management. It's a resolution of the City Manager -- City Commission authorizing the City Manager to execute an interlocal agreement, in a form acceptable to the City Attorney, with the Omni community redevelopment agency, the Omni/CRA (Community Redevelopment Agency); subject to approval by the Dade County Safe Neighborhood Bond Park Program, for the design, construction, and redevelopment of the Margaret Pace Park, located in the redevelopment area of the Omni/CRA. This is a technical requirement to move the dollars around, and I would so move. Commissioner Winton: Second. Vice Chairman Gort: Moved and second. Any discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-206 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE OMNI COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA"), SUBJECT TO APPROVAL BY MIAMI-DADE COUNTY, SAFE NEIGHBORHOOD PARKS BOND PROGRAM, FOR THE DESIGN, CONSTRUCTION AND REDEVELOPMENT OF MARGARET PACE PARK, LOCATED IN THE REDEVELOPMENT AREA OF THE OMNI CRA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 185 February 22, 2001 Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez 186 February 22, 2001 Commissioner Teele: And the final one is the famous 224. Three years ago -- actually, there was a building that was a co-op, that was a prostitute and derelict building that was located right in the heart of CRA (Community Redevelopment Agency), right off of 3rd Avenue. We spent about six months trying to figure out who owns the building, then we realized that we owned the building. Then we realized that we owned the building. The reason we owned the building was because we had put up the mortgage for the building and the owners -- it was a co-op, and the owners had abandoned it. All gone. And they had been gone for over two years. Of course, the NET (Neighborhood Enhancement Team) offices were dutifully noticing it and posting it and fining it, and then it took us a full year, going through the proper legal processes; is that right, Mr. Attorney, to get title to the building so that we could demolish the building properly and move forward. This is a resolution of the Commission conveying this these of land now to the CRA (Community Redevelopment Agency), Southeast Overtown Park West, located at 224 Northwest 12th Street, as legally described herein; directing the City Attorney to prepare the necessary documents for conveyance and acceptance of the said property; further directing the City Manager to execute the necessary documents in a form acceptable to the City Attorney for said purpose. So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Commissioner Teele: And just so that everyone knows, this is the land directly behind where the franchise -- the pilot franchise location will be right on the corner of 3rd Avenue and 12th Street. This is going back towards 2°d Avenue, the very back end of it. And if you pass by it today, it is still one of the most derelict pieces of property in the entire Overtown area. Commissioner Winton: Is this a building on at this time or is it just land? Commissioner Teele: No. We -- as soon as we took possession of it, we bulldozed the building, and I would ask, Dipak, if you would have someone go out and take pictures of it because this is the problem. We heard from Ms. Cartwright this morning about all of the trash and all that, but I've got to tell you. A lot of the problem is government. The County, the City, the CRA, the Florida DOT (Department of Transportation) has done a tremendous job of improving the assets that they've maintained there, but a lot of the problem is government in this area, and -- because of the nature of the problems, and this is just something that's still between the cracks and it's a horrible building -- a horrible piece of property in terms of the way it's maintained, and without further discussion, I would call the question. 187 February 22, 2001 Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-207 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONVEYANCE TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA") OF THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 224 NORTHWEST 12TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED HEREIN; DIRECTING THE CITY ATTORNEY TO PREPARE THE NECESSARY DOCUMENT(S) FOR CONVEYANCE AND ACCEPTANCE OF SAID PROPERTY; FURTHER DIRECTING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort NAYS: None ABSENT: None 188 February 22, 2001 Commissioner Sanchez: Is that it ... Vice Chairman Go rt: (Inaudible) Commissioner Teele? Commissioner Teele: That's it. Vice Chairman Gort: At this time, I'd like to hear from the report on the audit, the Audit Committee on the parking network. Carlos Gimenez (City Manager): Parking network. Fred Bredemeyer: Good evening, Commissioners. My name is Fred Bredemeyer. I'm with the parking network project team leader, with offices at 2650 Biscayne Boulevard. Thank you for scheduling this as an item. I appreciate the opportunity to discuss the program by which we operate and enforce the parking surcharge. And I'd like to begin by just briefly explaining the program. It's the program that we proposed during the negotiation process. It's the program that we filed since we started and it's a program that we feel has been successful to date. It includes four very specific steps to enforce surcharge compliance, and the first step was to develop a database where we could track properties, parking properties. The second step was to target properties that our database indicated had not made parking payments. The third step was to conduct field observations to compare findings and compare those findings with remittance reports and target the companies were there's a discrepancy exists between the field surveys an the remittance reports. And the fourth step was to conduct random audits to check the accuracy from all the properties, not just those that were part of our target list. Again, the first step was to develop a database. We developed a custom database that was designed and developed specifically for the parking surcharge program. It's a very detailed database and it tracks every parking property in the City of Miami. We then had to reconcile all the exiting payments that the City had received retroactive to September of 1999. That was a time consuming process, due to the fact that several payments were combined for multiple properties and some payments it was not clear what exact property they were for. The process of developing the database and getting the existing payment information took about 60 days. And at the end of that, we were then able to target properties that it appeared in our database from our initial field survey, where we had parking lots that did not have revenue streams for those, and that's the second part of our program. And in that part, we go to the field and we go throughout the City and we find parking properties that we do not show revenue streams for and then we attempt to resolve the discrepancies during our negotiation process and in several of the meetings with the individual Commissioners. We were warned not to use heavy-handed tactics or to recommend heavy-handed tactics with the citizens and businesses of the community, but try to amicably resolve any discrepancies where we showed a parking lot that did not have a surcharge payment. In most cases we were able to identify a payment was 189 February 22, 2001 combined with another one, but in some cases we did identify properties that's were absolutely -- we were not -- the City was not receiving surcharge from. The next step of our program was to conduct field observations where we go out into the field and we inspect the parking facility; see how many cars are parked on it; how many cars enter an exit a facility given a given period of time, and what rates they're actually charging. We then take that information and we wait for the remittance report for that parking facility and we compare the field observations with the remittance report to determine the accuracy of their submittals. When a discrepancy exist, based on our professional opinion, we then send Rachlin Cohen & Holtz, who is our auditing company, to do test audits to confirm the accuracy of the individual payments. And the final step that I mentioned is step four, which is to conduct random audits on the properties that were not targeted as results of steps two or three. Just briefly, that explains our program, and I think, by explaining our program, we're then able to -- you're better understand the findings that were included in the audit. The parking network's contract was signed May 15th of 2000. We were in the field that evening with field personnel doing field surveys; identifying parking lots in the City that were charging because it was one of the last games of the NBA (National Basketball Association) Heat. The audit period covered the period of September 1St, `99 through August 31St of 2000, and selected controls through November 30th of 2000. Again, it took us two months to develop our database and get all the existing payments reconciled. So, as you can note from the audit period, we were only on board for several months when the audit began, which the audit timing was a little awkward. We thought that it was a little inconvenient given that we had just identified one of the largest violators of the parking surcharge ordinance, and that we were so early into the stages of our audit program. I did meet with the director of auditing subsequent to the audit, when the audit report was released, Mr. Igwe. He was very helpful to explain to me that this was a proactive audit done early on in our contracts to assure that we got off on the right foot. And having all that in mind, you can better understand the meeting, which I'll briefly explain. There were four findings from the audit. The first one was -- two of them were under the parking network. First one was additional parking surcharge revenues due to the City. The second one was inadequate monitoring of the operations and activities of the parking facilities. The third finding related to the Department of Finance and cited them for a lack of remote computer dialing capability to our network. And the last finding was for the NET and it noted that parking facilities were operating without occupational licenses and certificates of use. Again, back to the first finding. They did an audit of approximate -- internal audit at approximately 50 surcharge payers and they found that eight of them had under paid. They randomly selected 50; eight of them had under paid a total of forty-five thousand dollars ($45,000); thirty-six thousand of which came from -- or 80 percent of that forty- five thousand came from one valet operator, who had underpaid. It's our opinion that there will always be inaccuracies and underpayments in the surcharge, and we just feel that random audits are not the best way to approach those. We have a very specific target approach that we can pinpoint violators who are not paying at all, or who appear to be underpaying based on our field surveys, and we feel that approach gives the City a better bang for its buck with regard to the amount of money we recover. Additionally, the audit found -- they checked 20 properties against our database and found that two of the properties that they went out into the field and discovered were not catalogued in our 190 February 22, 2001 database. One of those properties we simply over looked in our initial field surveys. Our initial field surveys were a general sweep of the entire City. We did not expect to find every revenue -generating park facility in the first three or four months of operation. The other property we had discovered we were in contact with the operator. They were arranging payment. We didn't have it properly catalogued in our database with the proper address. The second finding that they had was inadequate monitoring operations and activities of the parking facilities, and this is the finding that I thought was a little fair because -- a little unfair because it's under the heading inadequate monitoring of operations and activities of the parking facilities, but it goes on to state there were 77 or 25 percent of the 300 parking facilities they found in our database had not remitted any of the 20 percent parking surcharge fees collected since September 1St, 1999. Well, that statement is entirely accurate within the context of the entire report -- taken out of context of the entire report, it's a little misleading, in that those 77 properties were all found by the parking network. We put them into the database and it was documented that we had not only began the correspondence to get payments for those properties, but prior to completion of the audit, we'd actually recovered sixty-five thousand dollars $65,0000 from those same 77 -- a number of those same 77 properties. To date we've recovered more than a million dollars ($1,000,000) from over 50 delinquent properties that had either not paid at all or had skipped payments. The finding under the Department of Finance was a lack of remote computer dial -in capability. We have a network of computers at our office that are capable -- that is capable of receiving a dial -in call from a dial-up modem so that somebody who wants to access -- some unauthorized person who want to access our database can do so, via a dial-up modem. Our system is ready to and it has been since the audit ready -- prior to the audit ready to accept the dial -in call. Finance Department has thought that our reporting -- that we've been providing them has been adequate. We've addressed the reporting requirements; we've been able to give them the reports that they need via email or other methods, such as fax. They've not felt a need to dial in to our computer, but when they do feel the need; it's ready to go, and they'll take advantage of that. The final finding was under the NET (Neighborhood Enhancement Team) and it was that there were parking facilities operating without occupational licenses and certificates of use. We have met with the NET Administrator, the new NET Administrator, Mr. Wheeler. We have established a process by which we will coordinate better with their office and exchange information better so when we have a parking facility that we think is not operating with an occupational license, we can notify them and we have been doing so, and we've work extensively with Patricia Castro, who is the downtown NET Administrator, and we've opened up those communication links so that we can continue to exchange that kind of information. Those were the findings of the audit and that is our update, and I'm available to answer any questions that you might have. Vice Chairman Gort: Yes, sir. Commissioner Winton: Do you have an accounts receivable aging report? Mr. Bredemeyer: No, sir, it's not an aging report because we do not send out a bill or an invoice. We do not know what the surcharges do until they report their revenue. So, we 191 February 22, 2001 do have a system that throws up a flag when we don't receive a payment from a revenue generating facility, but we don't send out san invoice or an aging for that matter because we do not know what their revenue should be until they tell us. Commissioner Winton: But there's still going to be an aging. I mean, maybe you can't identify -- so, it won't -- you could have an aging report. It may not have a dollar amount in it but you could know how many months delinquent one of the accounts is? Mr. Bredemeyer: Oh, yes, sir. We do have that capability. Commissioner Winton: You have that -- do you have that kind of report? Mr. Bredemeyer: Yes, sir. Commissioner Winton: Do you have a report that shows there are five accounts out of the five hundred that are over 30 days due and there are 10 that are over 60 days and three that are over 90? Mr. Bredemeyer: No, sir, not exactly like that. We have a report that can tell us which properties have not paid for a specific months, and you'd have to look at the date on the report and see which months are outstanding to determine what's 30, 60, or 90 days past due. Vice Chairman Gort: Well, if you report it by the month, you would know that the -- if they haven't paid for three months, it's 90 days. So, you have that information? Mr. Bredemeyer: Right. Yes. Vice Chairman Gort: OK. Commissioner Sanchez: Have you identified all the parking lots in the City of Miami? Mr. Bredemeyer: No, sir. I would not at this point we have not. I would not say that we've done a good job of getting out there and identifying the large majority of them. It's an ongoing process. We haven't... Commissioner Sanchez: So, there are still some out there that aren't paying the parking surcharge, correct? Mr. Bredemeyer: Yes, sir, there are. Carlos Gimenez (City Manager): You probably have some who are (inaudible) direct business; some who are out of business, so it's going to be a (inaudible). 192 February 22, 2001 Commissioner Sanchez: OK. Now, you stated that out of 50 you find that eight were underpaying about forty-five hundred dollars ($4,500)? Mr. Bredemeyer: Forty-five thousand dollars ($45,000). Commissioner Sanchez: Forty-five thousand dollars ($45,000), yeah. Mr. Bredemeyer: That's the audit -- that internal audit you did. They audited 50 surcharge payers. Eight of them had underpaid. A total of forty-five thousand. The majority of that came from one operator, who had under paid thirty-six thousand. Commissioner Sanchez: And through your -- the accounting aspect of it -- of auditing, you're working with the NET to determine if they're paying the occupational license and their Certificate of Use? Mr. Bredemeyer: Yes, sir. Our database has a -- we're part of the process now -- we're part of the sign off process for a new Certificate of Use or an occupational license or the renewal of one. A new occupational license or an occupational license cannot be issued or renewed without our office signing off on it, and our database is now -- it has a section for occupational number, and now that we've cleansed our data a little bit, we're more confident with which properties do or don't have an occupational license. Commissioner Sanchez: How do you file a report? Is it an annual report, quarterly report, to the City administration? Mr. Bredemeyer: A monthly report. Yes, sir. A monthly report regarding the surcharge revenues collected. Commissioner Sanchez: OK. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: Very briefly. Who is your contract manager, is it the Finance Department or is it another department? Mr. Bredemeyer: We report regularly to Scott Simpson, the Assistant Finance Director. Commissioner Teele: Would you -- based upon the collections -- based upon the cash collections that we're involved in, what do you estimate the annualized collection to be? Mr. Bredemeyer: Right now, without the County, about thirteen million. Commissioner Teele: All right. So, based upon the cash collections, the annualized amount is going right at about thirteen million? 193 February 22, 2001 Mr. Bredemeyer: Yes, sir. Commissioner Teele: All right. And you estimate the County to be approximately what? Mr. Bredemeyer: That's -- I would say that's about three million a year. And we are -- I'm sorry. Commissioner Teele: All right. Now, OK. We're not holding you to those numbers. Have you all been able to gain access to the County's books and audit the County's collections? Mr. Bredemeyer: Sir, we haven't audited the County collections yet, but we are maintaining the County properties within our database, and we do, through the public -- through a public records request, retain their monthly figures and their monthly figures -- their monthly revenue figures for parking. So, we are getting that information, and that's through the public records requests only. We have not actually went there and audited their books, but Public Health Trust and the port have been very cooperative with giving us those figures. Commissioner Teele: That was my question. Now, when you say the County, are we referring to the Public Health Trust, Dade County government itself, the airport, and seaport -- the is airport within the City? Mr. Gimenez: Some of those parking lots are within the City, yes, sir. Commissioner Teele: Are they collecting at the airport? Mr. Bredemeyer: Yes. For the property... Commissioner Teele: The municipal... Mr. Bredemeyer: Yes, sir, for the property that the Manager's referring to, they're charging monthly parking. Commissioner Teele: Miami -Dade Community College? Mr. Bredemeyer: Yes, sir. Commissioner Teele: What does that mean? Yes -- you're saying yes to what? Mr. Gimenez: Did you ask Miami -Dade Community College? Commissioner Teele: I'm asking has he reviewed the numbers at Miami -Dade -- are we receiving payment from Miami -Dade Community College? 194 February 22, 2001 Mr. Bredemeyer: Yes, sir. For the locations where Miami -Dade Community College collects parking revenue, we are receiving payment. Commissioner Teele: So, what about the federal court or the federal governmental system, do they have any paid parking facilities? Mr. Bredemeyer: Not to my knowledge, sir. Commissioner Teele: So, the only person or the only entity that's just refusing to pay or to submit is the Miami -Dade County government? Mr. Bredemeyer: Yes, sir. Commissioner Teele: All right. Commissioner Regalado: Commissioner? Commissioner Teele: Yes. Commissioner Regalado: About the circuit court because they have several parkings for jurors, that they only charge some money. They do not charge the jurors the parking surcharge because they -- I noticed that they have not changed the dollar amount. So, they're not -- the jury pool parking, that's not included, is it? Mr. Bredemeyer: I'm sorry, sir. Which facility, which location? Commissioner Teele: Around 12th Avenue -- off of 12th Avenue. Somewhere down the Metro -Dade... Commissioner Regalado: Yeah, across the street from the -- in the Civic Center, there is a huge parking lot that is used for jurors. Mr. Bredemeyer: Those... Commissioner Regalado: I haven't seen them change the dollar amount, like everybody else has done. So, I figured that they would not be doing that. This is another one in Miami Avenue for jurors for the federal court. That has not changed either. So, my question is, those parking -- those huge parking lots for jurors, are always full, are they included or excluded? Mr. Bredemeyer: We are not receiving payment for those facilities that you mentioned. To the extent that they're exempt, I would defer to the City Attorney, but the -- I believe some of those properties are managed by the County, if I'm not mistaken, and that's part of the lawsuit. 195 February 22, 2001 Vice Chairman Gort: We're discussing the ones right behind on 1St Avenue, Northwest I" Avenue, between 5th Street and about 3rd Street. Right behind where (inaudible) used to be. The parking lot in there, my understanding, those are privately owned. Alejandro Vilarello (City Attorney): Again, the surcharge is assessed as against the user of the parking spot. Vice Chairman Gort: Right. Mr. Vilarello: And the owner of the facility is just charged with the responsibility of collecting it. Commissioner Teele: Well, why would there be some reference to exemption there. There are no exemptions to my knowledge. Vice Chairman Gort: There are no exemptions. Mr. Vilarello: If the federal government is actually paying for the parking spot, if the County is actually paying for the parking lot, if the state is actually paying for the parking spot... Commissioner Teele: Yeah, but when a juror pays, they pay, and they get a discount. I guess the issue is ... Vice Chairman Gort: They get reimbursed. Mr. Vilarello: I have not addressed that issue, but you're exactly correct. If a juror is paying for parking, they're assessed -- and if a facility owner is not separately accounting for that, it doesn't matter, simply because their sales tax and the surcharge is part of that charge. Commissioner Teele: Well, the only thing, pursuant to what Commissioner Regalado is saying, I think the City Attorney and the network need to make sure that we send certified letters out to everybody in the chain so that we at least on this juror thing -- so we can at least get everybody at least with some kind of record, even if you send one to the Clerk of the Court, circuit court, Harvey Ruvin, and I know he's not collecting it, but everybody needs to be on notice as to what's going on. The -- let me -- finally, let me ask you this: Are the City's instrumentalities paying the parking surcharge? The Orange Bowl, when we have games, do we collect the parking surcharge there? Mr. Bredemeyer: Yes, sir. The City -- the Miami Parking Authority is paying large amounts of parking surcharge. Commissioner Teele: Is the Knight Center paying? 196 February 22, 2001 Mr. Bredemeyer: Yes, sir. Commissioner Teele: Is Coconut Grove -- Mr. Bredemeyer: Playhouse. Commissioner Teele: -- Convention Center and Playhouse paying? Mr. Bredemeyer: Yes, sir. Commissioner Teele: Is the Cirque du Soleil paying? Mr. Bredemeyer: The Cirque du Soleil started in February they're expected to pay by March 20th. I've spoken with the director, Mr... Commissioner Teele: But they're collecting it? Mr. Bredemeyer: They're collecting revenue. They say they have every intention... Commissioner Teele: And everybody's paying. I mean, I just think it's important that we, you know, put on the record that we're doing our part and -- the only other comment that I have is, at some point, I would like for you to provide me with some personal briefing on the kind of observation and surveying that we're doing of these facilities, a surveillance, and I suppose you have that. Commissioner Regalado: Two questions. Two specific sites. These are not regular day- to-day information, but I think that there is a lot of money there. During the boat show the City leases Watson Island and someone -- some company parks there, thousands of cars. That's Easter -- around Easter somewhere. It's about 10 days. Commissioner Sanchez: That's not -- the boat show is going Commissioner Regalado: No, no, no, no, no. No, no, no, no, no. I'm talking -- Mr. Manager, the Watson Island ... Mr. Gimenez: You're talking about the Eicsson Tennis Tournament? Commissioner Regalado: No, no. That's another issue. I'm talking about Watson Island being used, not this time. The boat show is over. Every year Watson Island is used to park thousands of cars. I could be -- it could be for the auto show, any event. But it's just once. It's used once. So, my question is -- and this is going to happen next month, late March. So, my question is, would they pay? The other -- Eicsson Open, it's the County who gets the money, but this is very -- it's totally different than the other scenarios because this is done in the Miami Marine Stadium, which is City property. The City just let the County park there and charge because of other arrangements, whatever those are. But Mr. City Attorney, this is City property, not County property, so even if this is run by 197 February 22, 2001 County employees, would it be separate from the other County's issues, because this is a one -time, 10 -day operation? Mr. Vilarello: They're using the facility for parking and they're charging users? Commissioner Regalado: Yes. Mr. Vilarello: Parking surcharge would be applicable. We have not conceded to the... Commissioner Regalado: Yeah, I know that. I know that. Mr. Vilarello: We have not conceded to the County that they don't have to pay. They're obligated to pay. Commissioner Regalado: No, no, no, no. But I -- what I'm asking is this the scenario is different than the other issue? Commissioner Teele: They may collect it, but they (inaudible). Vice Chairman Gort: They're considered the same. Commissioner Regalado: Well, then, my question is: Why don't we do this? Why don't the City runs that parking facility during the Eicsson Open? Mr. Gimenez: We got some analysis for our -- I remember seeing -- part of it is that this is a quid pro quo with the County to allow us (inaudible) at Tropical Park. That's one issue. And the other thing is, when I looked at it, it appears that the County actually loses money because what they do is, they have to hire a bunch of buses to transport the people from the -- that site to the Eicsson itself, so I don't know if we really want to (inaudible) I'll show you that memo. You could see what it's costing them to (inaudible) but I can't tell you how much they're charging. Maybe they're charging, you know, two bucks or something like that. Commissioner Regalado: They can tell you that they lose money, but, technically, the County owns the booths -- you know, they own buses, and they own ... Vice Chairman Gort: I think you should check with the parking -- Off -Street Parking and see if the -- or private parking to see if they can produce the revenues. The question that I have is, my understanding is, when you perform the audit and you enforce the tax, you go on the volume of sales per month? Mr. Bredemeyer: Yes, sir. 198 February 22, 2001 Vice Chairman Gort: I mean, if they report a hundred thousand dollars ($100,000), you base your 20 percent on the hundred thousand dollars ($100,000)? Mr. Bredemeyer: Yes, sir. Vice Chairman Gort: OK. So, in other words, those parking lots that Commissioner Regalado was addressing, those are revenue producing, so the taxes are paid on the total revenues. Mr. Bredemeyer: Yes, sir. Vice Chairman Gort: If they give the discount, that's their problem, but you're still collecting that. OK. Mr. Bredemeyer: Right. Vice Chairman Gort: OK. Any other questions? Commissioner Sanchez: None. Vice Chairman Gort: Thank you very much. We appreciate it. Commissioner Sanchez: Thank you. 199 February 22, 2001 49. GiR(UE D EIL Ft�IQICW S Commissioner Sanchez: Mr. Chairman, if I may? Vice Chairman Gort: Yes, sir. Commissioner Sanchez: I've just been informed that Cirque du Soleil is doing so well that they're going to extend for a couple more shows, so just for your information. Vice Chairman Gort: Well, thank you, sir. Do I have a motion to adjourn? Commissioner Sanchez: So moved. Vice Chairman Gort: Bye, take care, have a good one. Commissioner Sanchez: Always a pleasure, Mr. Chairman. 200 February 22, 2001 .THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:55 PM. ATTEST: Walter Foeman CITY CLERK Sylvia Lowman ASSISTANT CITY CLERK JOE CAROLLO MAYOR (SEAL) 201 February 22, 2001