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HomeMy WebLinkAboutCC 2001-04-26 MinutesCITY OF MIAMI CITY COMMISSION MEETING M IN U TE S OF MEETING HELD ON APRIL 26, 2001 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Priscilla A. Thompson/City Clerk MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 26th day of April 2001, the City Commission of Miami, Florida, met at it's regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in Special session. The meeting was called to order at 9:44 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 Gimenez, City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Sylvia Lowman, Assistant City Clerk April 26, 2001 Vice Chairman Gort: Invocation by Commissioner Teele and the pledge of allegiance by Commissioner Sanchez. Hello. Yes. An invocation was delivered by Commissioner Teele, followed by Commissioner Sanchez leading those present in a pledge of allegiance to the flag. Commissioner Teele: Good morning. And thank you, Mr. Chairman. Would you please stand and give a moment of silent prayer? Vice Chairman Gort: Thank you. We have a few proclamations. The Mayor asked me -- he wanted to be here, but, unfortunately, he's a little under the weather, so he asked me to make some of the presentations. 2 April 26, 2001 2. CONSENT AGENDA. Vice Chairman Gort: Consent agenda. Any one item that has to be pulled in the consent agenda by any Commissioner? Commissioner Sanchez: Mr. Chairman? Vice Chairman Gort: First of all, do we have any item we're going to pull? Carlos Gimenez (City Manager): We'd like to -- Mr. Chairman, we'd like to defer the May 10th items number 2, 4, 5, 17, 55, 56, and 57. Commissioner Sanchez: Can you... Commissioner Teele: Would you state that again? Commissioner Sanchez: Can you restate those, please? Mr. Gimenez: Sure. Items 3, 4, 5, 17, 55, 56, 57. Commissioner Winton: So we can get out at 11 instead of midnight. Commissioner Teele: What's he doing with those? Commissioner Sanchez: He's deferring them. Mr. Gimenez: Just putting it on the next agenda. The next agenda seems to be fairly light at this point, so we want to lighten up (inaudible). Vice Chairman Gort: For the next agenda. Commissioner Sanchez: Mr. Chairman, I have some questions on CA -20 and CA -21 -- Vice Chairman Gort: CA -20 and CA -21. Commissioner Sanchez: -- that I would like to address. Vice Chairman Gort: You want to pull them? Commissioner Sanchez: No, I do not want to pull them. I just have some questions. Alejandro Vilarello (City Attorney): Yes, sir. Commissioner Sanchez: On 20, Mr. City Attorney, is it in your budget? Mr. Vilarello: Yes, sir. 3 April 26, 2001 Commissioner Sanchez: And could you state your goals and accomplishments -- your goals and objectives in this seminar that you want to do? Mr. Vilarello: Commissioner, essentially, this is a continuation of the strategic planning process that we started three years ago at the direction of the City Commission, and with request of the financial Oversight Board and this is essentially the next step in bringing forward the Law Department in that strategic planning process. A couple of the task that we want to accomplish is providing the City Commission, the City Manager and the public performance measures which are accurate reflections of how the office is performing. We provide you, on a periodic basis, the number of cases that we're handling, the number of lawsuits that we have, contracts that we review, and those statistics are true and accurate, but not necessarily -- I don't believe they necessarily tell you how well the office is performing or not performing. So, the objective is essentially to design some performance measures, which give you a true picture of comparison of how well the office is performing, including as a very significant portion of the process, how we can assure, not just how the Commission responds or receives the services that are being provided by my office, but how the City Manager and his department heads and the staff that work on a day-to-day basis with our office, are receptive to that service and how we can essentially provide a good service to them and be responsive to them. So, we essentially need to get their input and making sure that we accomplish that task. And there's a piece of strategic planning which also addresses group building, team building. Commissioner Sanchez: Thank you. On CA -21, I believe is also yours? Mr. Vilarello: CA -21 is essentially a request... Commissioner Sanchez: Is that just the -- it's a clean up. That's all it is, right? Mr. Vilarello: It's cleaning up some title defects with regard to that property, yes. Commissioner Sanchez: Thank you. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Any others. Commissioner Teele. Commissioner Teele: Mr. Chairman, I only have questions regarding CA -21. I don't see the previous investment policy. CA -21. Mr. Vilarello: Yes, sir. Commissioner Teele: Is it 21 or 22? Mr. Vilarello: Oh, I'm -- the investment policy -- item CA -22 is the investment policies of the City. 4 April 26, 2001 Commissioner Teele: CA -22. I don't -- where is the previous investment policy? Robert Nachlinger (Assistant City Manager): Bob Nachlinger, Assistant City Manager. I will be happy to supply you with a copy of that previous investment policy, Commissioner, if you'd like. The change that we're doing is to comply with the newly enacted Florida statutes. The only substantive change is, we're increasing our allocation to commercial paper. Commissioner Teele: You're saying that the only change from the previous policy -- Mr. Nachlinger, you know, I respect you. It would have been nice if you had -- if I would -- if we had discussed this. I have three concerns. Number one, do we have a policy relating to the financial institutions, particularly as relates to social policy, such as the Empowerment Zone or institutions that are located in there? Secondly, why do we not include the financial advisor on the investment committee or will monitor the investment committee? I mean, I think -- I'm just - - this is the first government I've ever been in where the -- there's just a resistance to use a financial advisor. There is -- I mean -- I've been here for years. I've yet to see a financial advisor report here, and, yet, in most municipal governments, there are two people outside of the Attorney and the Clerk that are always there, and that's the external auditor and the financial advisor. This policy doesn't even reference the financial advisor for investment policy, and I think we have a bias against a financial advisor primarily because we've not had one in four or five years, sand perhaps the last two or three we had we were dealing with SEC (U.S. Securities and Exchange Commission) issues associated with that. So, just because we got a bad draw doesn't mean we, you know -- I don't want to get into another besmirching anybody's reputation or anything, but I think the record speaks for itself. We have SEC issues based upon how we handle things. You know, we had external auditors and financial advisors, et cetera. I want to approve this, but I really would like to have a separate discussion with you regarding the role, the use, financial visors in the City of Miami, and particularly starting with something like an investment policy, how we are using them or how are we not using them? Is that fair? Mr. Nachlinger: Yes, sir. I'll be pleased to have that meeting with you. Commissioner Winton: Well, Commissioner Teele, it seems to me that based on your thoughts and comments here -- and I have to agree with you -- seems to me that unless there is some real compelling reason to approve this today, we might be better off deferring it so that that input can be plugged into this process before we set the policy here that moves us forward. And I think that... Commissioner Teele: We have a procedure, which I would readily make the motion. I don't want to offend Mr. Nachlinger and the Finance Director, the Manager, because we're making so much ground and we're moving so well in this area, but as we begin to bring it into focus, I think we need to think about it, not just for now, but we need to think of five years out. And, Bob, I share this with you privately many times. For the four years that I've been here, only within the last six months have we been able to get financial advisors on, yet, the first plan for recovery that I saw in December, after I was elected in November -- and you were the Assistant Manager -- we were talking about the role of these financial advisors in looking at certain transaction, et cetera, et cetera, et cetera. So, my concern is not so much the financial advisors not being here, as much 5 April 26, 2001 as it is the role of the financial advisor, but in deference to what I think we ought to do is, I would request that this item be pulled and under our procedure, it means it automatically comes back at the next meeting; is that right? Vice Chairman Gort: Yes. Mr. Nachlinger: Yes, sir. And we'll be pleased to meet with you in the interim. Commissioner Teele: Thank you. And particularly, Commissioner Winton, also, because I think this is a very important issue. Mr. Nachlinger: Absolutely. Commissioner Teele: Thank you. Vice Chairman Gort: OK. Item 22 will be pulled for the next Commission meeting. Any other Commissioner would like to -- OK. Members of the public. Yes, sir. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26th Street, Miami, in Allapattah. And some times I think that the Commission rubber-stamp a lot of these expenses that the administration brings, like here in CA -2. I wasn't going to come to this meeting because I've been -- few weeks I don't come, but I received that and look at all the things and then I go by 1401, Northwest 7th Street, and I see all the police cars parked there, which is on the second (inaudible) they was here and I mentioned that you're going to have police cars (inaudible) rolling on the street, not park over there deteriorating, and you know that a car that's not being used deteriorate because I am a graduated mechanic from Miami High auto education class, and we know that. A car that's not used, the battery goes wrong especially the electronic system; you've got to use them. A transmission has to drive. You've got to -- you've got air condition to be cycled. And then I see so much money being used for complex and protracted investigation. How that benefits the neighborhood, the citizens of Miami? The complex and (inaudible). I know that's done by the FBI (Federal Bureau of Investigations), the drug enforcement administration, the federal law enforcement. Well, how come we have to spend so much money? We can use some of that money for (inaudible) cars? Now, we have problem with the radios, (inaudible). We've got brand new radios with no infrastructure, no towers, no (inaudible) poor people have (inaudible) you're waiting for a tragedy because they start back up or another one. Computers are not being used. They buy the computer and the same thing that -- they stack them. They don't use them. Why you buy the things that you're not going to use? We need them. We need those computers and those cars in the street, not these parked by the Orange Bowl. But I don't know why -- that's why I asked question. Maybe people will answer me. Also, at the budget hearing, I told -- Mayor Carollo said that will be done and he even -- get personal because he say, make sure that the first cars are those ones go to Mr. Cruz relatives in the Police Department, and I took it personally. So, I'm going to be watching everything about police cars. Thank you. Vice Chairman Gort: Thank you, sir. Chief, can you briefly answer the reasons why the ... 6 April 26, 2001 Mr. Raul Martinez (Chief of Police): Yes. Briefly, Raul Martinez, Chief of Police. The protracted complex investigation, the Law Enforcement Trust Fund, which are moneys taken away from drug dealers are primarily earmarked to be spent back an putting more direct dealers in jail. This money that we're asking to set aside are the --the moneys that are used to fund, like, for example, yesterday, the Little Haiti operation that we put -- that we finalized yesterday, where we're putting 89 drug dealers in jail, and for example, the Over -town operation, "Got You Now", that we closed it in November. We fund those operations, equipment, over time and other issues are funded from protracted complex investigations. Vice Chairman Gort: Thank you. Mariano, please. We have a long agenda to go ... Mr. Cruz: No, no. But only say here Vice Chairman Gort: We have a long agenda to go -- Mariano, we have a long agenda to go. Mr. Cruz: That doesn't show in the -- people over there asking me question, OK, and that's -- they don't have people there. Vice Chairman Gort: The question -- the other questions? Mr. Cruz: They don't have people there, how are they pay somebody off site to do the job? Vice Chairman Gort: Thank you. Thank you, sir. At this time, could I have a motion for the consent agenda? Commissioner Teele: So moved. Commissioner Sanchez: Second, Mr. Chairman. Vice Chairman Gort: It's been moved. There's a second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 7 April 26, 2001 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 Teele and seconded by Commissioner Sanchez, 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 RESOLUTION NO. 01-316 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL, IN AN AMOUNT NOT TO EXCEED $35,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES (2000). 2.2 AUTHORIZE ALLOCATION OF FUNDS FOR PROTRACTED AND COMPLEX' INVESTIGATIONS, $300,000; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 01-317 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS FOR PROTRACTED AND COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $300,000; ALLOCATING FUNDS, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 690001, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES (2000). 8 April 26, 2001 RESOLUTION NO. 01-318 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF CRIME STOPPERS OF MIAMI-DADE COUNTY, INC., IN AN AMOUNT NOT TO EXCEED $10,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES (2000). 2.4 ACCEPT BID OF APAC GROUP, INC. FOR PROJECT ENTITLED "LITTLE HAVANA STREET REBUILDING AND STORM SEWER REBUILDING PROJECTS/IMPACT FEE, B- 4625 AND B-5552" $112,619; ALLOCATE $149,488 FROM CAPITAL IMPROVEMENT PROJECT. RESOLUTION NO. 01-319 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF APAC GROUP, INC. FOR THE PROJECT ENTITLED "LITTLE HAVANA STREET REBUILDING AND STORM SEWER REBUILDING PROJECTS/IMPACT FEE, B-4625 AND B-5652" IN THE AMOUNT OF $112,619; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NOS. 341198 AND 352293, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $112,619 FOR THE CONTRACT COSTS, AND $36,869 FOR EXPENSES, FOR TOTAL ESTIMATED COST OF $149,488; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 2.5 ACCEPT BID OF C.L. ELIAS CONSTRUCTION FOR REPLACEMENT OF EIGHT SKYLIGHTS AT FIRE STATION NO. 2 FOR DEPARTMENT OF FIRE -RESCUE, $25,020; ALLOCATE FUNDS FROM FIRE ASSESSMENT FEE. RESOLUTION NO. 01-320 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF C.L. ELIAS CONSTRUCTION FOR THE REPLACEMENT OF EIGHT SKYLIGHTS AT FIRE STATION NO. 2 FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $25,020; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 313302.289301.6.860, AS FUNDED BY THE FIRE ASSESSMENT FEE. 9 April 26, 2001 2.6 ACCEPT BID OF FLEXLITE, INC. FOR PROCUREMENT OF SIX FLEXLITE MODEL LITELINE 360 ;OMNI -DIRECTIONAL LIGHTS FOR DEPARTMENT OF FIDE -RESCUE, $6,720; ALLOCATE FUNDS FROM FIRE ASSESSMENT FEE RESOLUTION NO. 01-321 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF FLEXLITE, INC., FOR THE PROCUREMENT OF SIX FLEXLITE MODEL LITELINE 360 OMNI -DIRECTIONAL LIGHTS FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $6,720; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 313304.289401.6.840, AS FUNDED BY THE FIRE ASSESSMENT FEE. 2.7 ACCEPT BID OF ZIPP SPORTING GOODS FOR PROCUREMENT OF PRACTICE STYLE SHORTS FOR DEPARTMENT OF FIRE -RESCUE, $15,000. RESOLUTION NO. 01-322 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF ZIPP SPORTING GOODS FOR THE PROCUREMENT OF PRACTICE STYLE SHORTS FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN ANNUAL AMOUNT NOT TO EXCEED $15,000, ON AN AS -NEEDED CONTRACT BASIS FOR ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280601.6.075. 2.8 'ACCEPT BID OF J.W. DAWSON COMPANY, INC. FOR ACQUISITION ANIS DELIVERY OF SHAVING/STALL BEDDING FOR HORSE STALLS FOR DEPARTMENT OF POLICE, $8,316;, ALLOCATE FUNDS FROM POLICE GENERAL OPERATING BUDGET RESOLUTION NO. 01-323 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF J.W. DAWSON COMPANY, INC., FOR THE ACQUISITION AND DELIVERY OF SHAVING/STALL BEDDING FOR HORSE STALLS FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACT BASIS, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $8,316 FOR THE FIRST YEAR AND AN INCREASE OF 6% FOR EACH SUBSEQUENT YEAR; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270. 10 April 26, 2001 2.9 'ACCEPT BID OF J.S.H. PUMPS, INC. FOR ACQUISITION OF MAINTENANCE SERVICES FOR BAYFRONT PARK MANAGEMENT TRUST FOR MILDRED AND CLAUDE PEPPER FOUNTAIN, $31,960; ALLOCATE FUNDS FROM GENERAL OPERATING BUDGET OF TRUST. RESOLUTION NO. 01-324 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF J.S.H. PUMPS, INC. FOR THE ACQUISITION OF MAINTENANCE SERVICES FOR BAYFRONT PARK MANAGEMENT TRUST ("TRUST") FOR THE MILDRED AND CLAUDE PEPPER FOUNTAIN, ON A CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $31,960; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET OF THE TRUST. 2.10APPROVE LEASING OF VEHICLES FROM INTERAMERICAN CAR RENTAL, INC. FOR DEPARTMENT OF POLICE, UNDER EXISTING CITY BID NO. 99-00-134/03, $43,225; ALLOCATE FUNDS FROM "STOP ACTIVE VANDALISM I EVERYWHERE" GRANT. RESOLUTION NO. 01-325 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE LEASING OF VEHICLES FROM INTERAMERICAN CAR RENTAL, INC. FOR THE DEPARTMENT OF POLICE, UNDER EXISTING CITY OF MIAMI BID NO. 99-00-134/03, EFFECTIVE THROUGH SEPTEMBER 30, 2001, AND SUBJECT TO ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $43,225; ALLOCATING FUNDS FROM THE "STOP ACTIVE VANDALISM EVERYWHERE" GRANT, ACCOUNT CODE NO. 142027.290530.6.610. 11 April 26, 2001 RESOLUTION NO. 01-326 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO PAY THE SUM OF $10,000 FROM A FEDERAL ENVIRONMENTAL JUSTICE PROTECTION AGENCY GRANT IN THE AMOUNT OF $77,134 ACCEPTED ON NOVEMBER 17, 1998 RESOLUTION NO. 98-1100 FOR THE PURPOSES SPECIFIED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 2.12 APPROVE PROCUREMENT OF OFFICE SUPPLIES FROM IDEAL OFFICE SUPPLIES; INC. FOR BAYFRONT PARK MANAGEMENT TRUST, UNDER EXISTING CITY BID NO. 00-0 1 -044/04, $10,000; ALLOCATE FUNDS FROM GENERAL OPERATING BUDGET OF TRUST. RESOLUTION NO. 01-327 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF OFFICE SUPPLIES FROM IDEAL OFFICE SUPPLIES, INC., FOR THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST"), ON AN AS NEEDED CONTRACT BASIS, UNDER EXISTING CITY OF MIAMI BID NO. 00-01-044/04, EFFECTIVE THROUGH FEBRUARY 12, 2002, AND SUBJECT TO ANY EXTENSIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $10,000; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET OF THE TRUST. 12 April 26, 2001 RESOLUTION NO. 01-328 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF NON -AUTOMOTIVE GLASS FROM READY WINDOW SALES AND SERVICE CORP. FOR THE DEPARTMENT OF PURCHASING, TO BE USED BY VARIOUS CITY DEPARTMENTS, ON AN AS -NEEDED BASIS, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 0772-0/00, EFFECTIVE THROUGH NOVEMBER 30, 2002, SUBJECT TO ANY EXTENSIONS; ALLOCATING FUNDS FROM EACH OF THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, SUBJECT TO BUDGETARY APPROVAL. RESOLUTION NO. 01-329 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-251 AUTHORIZING AN INCREASE IN THE CONTRACT WITH MITCHELL'S LAWN MAINTENANCE CORP. FOR THE PROVISION OF LAWN AND GROUNDS MAINTENANCE SERVICES AT THREE ADDITIONAL POLICE FACILITY SITES, IN AN AMOUNT NOT TO EXCEED $487.50; FROM $15,217 TO $15,704.50 FOR THE FIRST YEAR, AND IN AN AMOUNT NOT TO EXCEED $1,020, FROM $14,232 TO $15,252 ANNUALLY FOR THE SECOND AND THIRD YEARS OF THE CONTRACT; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.340. 13 Apri126, 2001 RESOLUTION NO. 01-330 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL PROFESSIONAL SERVICES AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EACH MEMBER OF THE URBAN SEARCH AND RESCUE TEAM ("USAR"), FOR THE PURPOSE OF PROVIDING TECHNICAL ASSISTANCE FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $15,000 FOR EACH INCIDENT OR AS OTHERWISE PROVIDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") COOPERATIVE AGREEMENT; ALLOCATING FUNDS FROM THE GRANT FEMA/USAR GRANT FUND, ACCOUNT CODE NO. 110095.280906.6.340 AND REIMBURSED BY FEMA UPON SUBMISSION OF APPROPRIATE DOCUMENTATION. RESOLUTION NO. 01-331 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO APPROVE THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH PETER E. SMALLEY, FOR THE PURPOSE OF ASSISTING THE URBAN RESEARCH AND RESCUE ("USAR") COORDINATOR WITH THE DAY-TO-DAY ADMINISTRATION OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") GRANT FOR THE DEPARTMENT OF FIRE -RESCUE, IN THE AMOUNT OF $45.00 PER HOUR, FOR A MAXIMUM OF 45 HOURS PER MONTH, FOR A TOTAL ANNUAL AMOUNT NOT TO EXCEED $24,000; ALLOCATING FUNDS FEMA/USAR GRANT AWARD, ACCOUNT CODE NOS 110091.6.270 AND 110091.6.340. 14 April 26, 2001 2.17 AUTHORIZE SOLICITATION OF REQUESTS FOR', QUALIFICATIONS (REQS) FOR PURPOSES OF ESTABLISHING PRE -APPROVED LIST OF PROFESSIONAL ENGINEERS TO BE ENGAGED FOR PUBLIC WORKS CATEGORY "B" DESIGNATED PROJECTS FOR 2001 THROUGH 2003; APPOINT CERTIFICATION COMMITTEE OF NO LESS THAN THREE INDIVIDUALS TO ASSESS SUBMITTED RFQ'S. RESOLUTION NO. 01-332 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE SOLICITATION OF REQUESTS FOR QUALIFICATIONS ("RFQ'S") FOR PURPOSES OF ESTABLISHING A PRE -APPROVED LIST OF PROFESSIONAL ENGINEERS TO BE ENGAGED FOR PUBLIC WORKS CATEGORY `B" DESIGNATED PROJECTS FOR 2001 THROUGH 2003; APPOINTING A CERTIFICATION COMMITTEE OF NO LESS THAN THREE INDIVIDUALS TO ASSESS THE SUBMITTED RFQ'S; APPOINTING AN INDIVIDUAL AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE; AND AUTHORIZING THE CITY MANAGER TO APPOINT A SIX -MEMBER COMPETITIVE SELECTION COMMITTEE TO EVALUATE AND RANK IN ORDER THE QUALIFIED CANDIDATES AND TO PRESENT THE COMMITTEE'S RECOMMENDATIONS TO THE CITY COMMISSION FOR CONSIDERATION. 15 April 26, 2001 RESOLUTION NO. 01-333 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE SOLICITATION OF REQUESTS FOR QUALIFICATIONS ("RFQ'S") FOR PURPOSES OF ESTABLISHING A PRE -APPROVED LIST OF PROFESSIONAL ARCHITECTS AND LANDSCAPE ARCHITECTS TO BE ENGAGED FOR PUBLIC WORKS CATEGORY "B" DESIGNATED PROJECTS FOR 2001 THROUGH 2003; APPOINTING A CERTIFICATION COMMITTEE OF NO LESS THAN THREE INDIVIDUALS TO ASSESS THE SUBMITTED RFQ'S; APPOINTING AN INDIVIDUAL AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE; AND AUTHORIZING THE CITY MANAGER TO APPOINT A SIX -MEMBER COMPETITIVE SELECTION COMMITTEE TO EVALUATE AND RANK IN ORDER THE QUALIFIED CANDIDATES AND TO PRESENT THE COMMITTEE'S RECOMMENDATIONS TO THE CITY COMMISSION FOR CONSIDERATION. 16 April 26, 2001 RESOLUTION NO. 01-334 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE SOLICITATION OF REQUESTS FOR QUALIFICATIONS ("RFQ' S") FOR PURPOSES OF ESTABLISHING A PRE -APPROVED LIST OF SURVEYING AND MAPPING PROFESSIONALS TO BE ENGAGED FOR PUBLIC WORKS CATEGORY `B" DESIGNATED PROJECTS FOR 2001 THROUGH 2003; APPOINTING A CERTIFICATION COMMITTEE OF NO LESS THAN THREE INDIVIDUALS TO ASSESS THE SUBMITTED RFQ'S; APPOINTING AN INDIVIDUAL AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE; AND AUTHORIZING THE CITY MANAGER TO APPOINT A SIX -MEMBER COMPETITIVE SELECTION COMMITTEE TO EVALUATE AND RANK IN ORDER THE QUALIFIED CANDIDATES AND TO PRESENT THE COMMITTEE'S RECOMMENDATIONS TO THE CITY COMMISSION FOR CONSIDERATION. 2.20 APPROVE ACQUISITION OF PROFESSIONAL SERVICESAND ALL OTHER.' RELATED COSTS FOR GENERAL OFFICE RETREAT ON JUNE 1-2, 2001, FOR EMPLOYEES OF CITY ATTORNEY'S OFFICE; $16,000. RESOLUTION NO. 01-335 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF PROFESSIONAL SERVICES AND ALL OTHER RELATED COSTS FOR A GENERAL OFFICE RETREAT ON JUNE 1-2, 2001, FOR THE EMPLOYEES OF THE CITY ATTORNEY'S OFFICE; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $16,000, FROM ACCOUNT NO. 230101-270, FOR SAID PURPOSE. 17 April 26, 2001 RESOLUTION NO. 01-336 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY OR PERMITTED, TO PROTECT, PRESERVE AND DEFEND THE RIGHT, TITLE AND INTEREST OF THE CITY OF MIAMI, INCLUDING BUT NOT LIMITED TO ANY INVESTIGATION, NOTICE OR OTHER ACTION AUTHORIZED BY LAW OR IN EQUITY, TO QUIET TITLE OR TO REMEDY ANY TITLE DEFECT, IN FAVOR OF THE CITY OF MIAMI CAUSED IN ANY WAY BY ANY PARTY RELATED TO THE PROPERTY GENERALLY LOCATED ADJACENT TO 2550 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA; AUTHORIZING THE CITY ATTORNEY TO ENGAGE COUNSEL TO PROVIDE NECESSARY LEGAL SERVICES, IN AN AMOUNT NOT TO EXCEED $25,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; AND ALLOCATING FUNDS FROM ACCOUNT CODE NO. 230101-250. 18 Apri126, 2001 3. AUTHORIZE FUNDING FROM LAW ENFORCEMENT TRUST FUND (LETF), $499,992, FOR. EIGHTEEN EDUCATIONAL, RECREATIONAL, AND DEVELOPMENTAL YOUTH PROGRAMS; ALLOCATE FUNDS FROM LETF. Vice Chairman Gort: I'd like to, at this time, since I played judge last night and I know how much time we need, I would like to, if you all don't mind, recognize Judge Cindy Lederman, who's here to address Item 2. She has -- my understanding she wants to address the Law Enforcement Trust Fund. Welcome, judge, and sorry you had to wait. Judge Cindy Lederman: No. Thank you very much. Thank you for the courtesy. I'm honored to be here today to talk to you about Neat Stuff, and to thank you for your support over the last few years of this extremely important organization. Vice Chairman Gort: Judge, I need you to talk into the mike, please. Judge Lederman: OK. As a judge, I cannot and will not ask you for money, but I want to explain to you how important Neat Stuff is to the children in this community and also explain to you what the relationship between abuse and neglect children and helping them is to delinquency. So, I have some research here I'm going to give out as well. We have 9000 abused, neglected and abandoned children in this community. I'm the presiding judge of our juvenile court, and these are children who have been abused and neglected by the people who are supposed to love them the most. These children go from home to home to home with all of their position possessions in a plastic trash bag. They live in -- many of them live in foster homes. They have very few possessions. Can you imagine having all of your possessions in one trash bag as you move from strangers home to strangers home? I want to tell you about a boy named Roberto, who's under my jurisdiction. He's 13 years old; his mother died of AIDS (Acquired Immuno Deficiency Syndrome); he's a dependent child, and his father does not exist in his life. He is under my jurisdiction and often, unfortunately, he's arrested for drug use to see we him a lot in our court. And he came to court one day because he was in detention, in his detention uniform. We got his clothes for him and asked him if he wanted to change? And he said, I can't change. I said Roberto, why can you not? He opened the bag and pulled his shirt out from the bag. He had tied his shirt into 10 different knots. It looked like a piece of rope. I said Roberto, why did you do that? He said because if I do this, it's less likely that someone will steal this shirt. The children in the system receive from us about two hundred dollars ($200) a year for their clothes. Imagine being a teenager without a home, without a family, and having two hundred dollars ($200) a year for your clothing. This is a reality. And this is important work that you have done by supporting Neat Stuff, which is a volunteer organization that provides clothes, free, new clothes, for abused and neglected children. The question is, what relationship does this have to crime and putting drug dealers in jail? Well, it does have a relationship. I've brought with you -- to give to you a study from Dr. Cathy Spatz -Windham (phonetic), who is now famous with her work with the department of justice. The secular violence is what it is called, popularized. And her research indicates that children who are abused and neglected as a child have an increased likelihood of being arrested as a juvenile by 53 percent. They have an increased likelihood of being arrested as an adult by 38 percent; an increased likely likelihood of committing a violent crime by 38 percent, so if we don't help these children who don't even have 19 April 26, 2001 enough clothes to feel that they can go to school, I can tell you how many come to my court and I say, why aren't you going to school? They tell me they have no clothes. There is this relationship. These children have so little. They deserve so much and I really hope that our community will not neglect them as well. Phyllis Krug, who invented this organization, this volunteer organization, would just like to say a few words. Thank you, Commissioner, I appreciate it. Phyllis Krug: Thousands of disadvantaged children in Miami need your help. Vice Chairman Gort: Sorry, ma'am. You have to give me your name and address, please. Ms. Krug: I'm sorry. I'm Phyllis Krug. I'm the founder and president of Neat Stuff. For six years Neat Stuff has distributed new clothing and other vital items, free of charge, to foster, shelter and other children removed from abusive homes and placed with family members. Most of them elderly grandparents. For the past two years, Neat Stuff has received support from the City of Miami Law Enforcement Trust Fund in the form of a grant, which allowed us to move from the small space given to us free of charge from by the administrative offices of the courts, to three connected warehouse bays, located just a few blocks from the juvenile justice center. This additional space allowed us to receive two million dollars ($2,000,000) worth of new children's products. Which is now distributed to 45 child -serving agencies in Miami. Working with the Board of Education, Neat Stuff prepares the children in all of the City's homeless shelters to attend schools. Neighborhood centers, local elementary schools, and every other child -serving agency in our City receive the benefit of our service. All of this is done without any cost to the agencies or to the clients themselves. I have available for you a list of our supporters, as well as the agencies we serve. This summer we are preparing to hire another staff member, whose responsibility will be to act as liaison between the middle and high schools, so that we can service more of the teenage population in need. Neat Stuff does more than just improve the self-esteem and self worth of these children, allowing them to feel good about themselves. Neat Stuff also provides job and life skills training and mentoring for teens soon to be aged out of foster care and ill equipped to survive on their own. We particularly focus our efforts on the at risk youngsters, who are lacking skills, not achieving well in school, and have difficulty in getting or keeping a job. These youngsters without our intervention are destined to a life of welfare, homelessness, and crime. Neat Stuff helps those teens in detention; many of whom are former foster children. Providing them with appropriate clothing upon their release; enabling them to get a job, and help turn their lives around. We are told almost daily by the social workers who bring these children to our free store that many children refuse to go to school because they're too ashamed of the way that they look in the old borrowed, torn, and ill- fitting clothes given to them at the shelter or foster home. Neat Stuff dresses children with pride and dignity and allows them to remain in school and learn without enduring the taunts of their classmates. They can attend school and other events proud and with their heads held high. Neat Stuff is a volunteer run, grassroots organization that saw a need and filled it. We are bringing million of dollars of free new children's products a year into Miami. Presently, we are serving approximately 6,000 children. And we anticipate serving 10,000 children. We need this funding to pay our rent. Please do not shut our doors. Thank you. Vice Chairman Gort: Thank you, ma'am. My understanding is, these funds were applied -- and 20 April 26, 2001 we're on Item 2, which is the Law Enforcement Trust Fund. My understanding is, that they have always been funded and this year was not funded and that's why they asked to be here today. Commissioner Sanchez: Mr. Chairman, if I may, before the Chief of Police has an opportunity to explain the process. Vice Chairman Gort: Yes. Commissioner Sanchez: First of all, this is the first year that we have come up with this process that I am not here to question the process. I do know that this it's an applying process and they apply to the Chief -- to the Police Department and the Chief makes the recommendation and we approve. However, looking at the needs -- once again, as a City of a whole, we know that we have needs and looking at my district, I have received several complaints of worth the organizations that have called my office saying, you know, in the process, somehow, we were not informed and I did talk to the Chief of Police and asked him how is the process set forth to basically inform the organizations to come and apply for it? Some of the organizations in my district did apply. Some were turned down. And I'm not going to question the grading of the process. However, one of the things that they stated very clearly, what was the process that was used to make sure that they were informed? I know that the NET Offices -- my office received a letter and the NET (Neighborhood Enhancement Team) Offices also received a letter. The NET Administrators basically should have gone south and identified these organizations. I'm going to speak for several organizations in my district who got left out, and I know that there are a lot of worthy organizations that either got left out or applied an did not get it. But being that this is the first year and I look at the numbers and I see the chart -- I see that there is an unbalance of funds going out, I see that my district, my district which I represent, which is East Little Havana, got six percent; west Little Havana did not get anything; Flagami did not get anything, and if you look at some of the other parts of the City, they basically took a large percentage in some cases, took more than 57 percent. Now, I know it's a higher -- it's an applying process that went through, but I had several organizations in my district that applied. One was Latin Quarter Cultural Center. I looked at their grading and, of course, it was low, however, Vecinos en accion did not apply, and that is a very worthy organization in my community. (Unintelligible) also a very worthy organization that I think has a program -- could create a program because when we get to the issue of need in a community, I see that some times money tends to be shifted to other parts based on -- once again, this Law Enforcement Trust Fund money should go to crime, but every report that I received here -- and this is a very good report, and I commend you for this report -- shows that every, every district or every area has a crime problem, although we have been able to reduce crime and crime is very reduced significantly, I think that a lot of these organizations were left out. Now, what we could do for the future -- one of the things that I recommend is, I think that you, yourself, could either meet with different areas of the community and promote and try to encourage these organizations to apply. And also help them in the applying process, because I think it's very, very important. Every time that there is any -- any paperwork to be filled out for a process to gain money, some of these organizations need help to fill out these paper works. So, once again, you know, I see an unbalance of these funds going out. I am very concerned with it. I see, once again, my district, which is one of the poorest districts in the City, and population wise, based on necessity, was extremely left out, but I -- you know, I cannot put the finger on anybody, but I am very disturbed with some of the actions 21 April 26, 2001 taken. One is, the NET Administrators are not following up with it and locate these organizations and they know these organizations. These organizations that are on this paper. Another organization that lot left out that has done a tremendous job in our community is a non-violence group. They have been granted for years, and apparently, they didn't get granted this year. But, once again, these are things we're going to have to look out to improve the process, and many, many more in my district. So, at this time, I'm sure that some of the Commissioners here have something to say about this. Vice Chairman Gort: Commissioner Regalado. Commissioner Regalado: Chief, how -- just to understand, how was that committee impaneled? Who were the members or what they do? Raul Martinez (Chief Martinez): Commissioner, Raul Martinez, Chief of Police. Commissioners, the committee was impaneled with members of the Police Department; member from the CD, Community Development area, because they do a lot of this stuff, where they rate different groups requesting for funding; members of the Finance Department, and members from the Law Department. They're the ones that sat there, reviewed the application, and heard each and every group come forth and they did a personal presentation to the committee. The committee used criteria as when they ranked them, they are given different point systems so -- are they targeting at risk kids? Are they targeting City Miami kids? Are they attacking -- are they targeting high crime areas? Are they giving -- is this a program that gives people alternatives to criminal activity? Those were issues that they looked at when they ranked the different groups. Commissioner Regalado: You know, Commissioner Sanchez mentioned something that I think is the most important thing. He mentioned one group, this group Vecinos en Accion didn't apply, of course. But these people take kids from the City of Miami, from East Little Havana. They go out and ask for donations and buy them basketballs and take care of them. I mean, if that is not combating crime, I've never seen anything else? And, yet, they don't have the manpower, the administration, or the knowledge to apply. They get lost in the process. I mean, this is the first year, but, you know, next cycle you need to find out -- I mean, the police should be proactive and we should be proactive in looking for those groups that are -- that deserve this kind of support. The other thing is, is there any way to appeal or there is no appeal process on this? Chief Martinez: Commissioner, and maybe the City Attorney will be better at explaining this. This is basically -- it's the Chief of Police is the only one that can recommend -- and it's up to you to approve it or not. You know, that is the right of the council to approve the Police Department's recommendation. We're going back before your question is, Vecinos en Accion is an excellent program and we all knew that the first time we would go through the process there were going to be people left off; people who didn't -- but those people had never applied before. Shame on us that we didn't do as good a job through going out there and letting people know that they could apply because it's basically being a small group that every year comes and request. And they're good groups. I'm not saying anything negative about the ones that got money before, but it's the same little group. We attempted to increase the reach by sending it to the NET 22 April 26, 2001 Office, NET Lieutenants, NET Administrators, to the Commissioner's office so we could broaden our scope. We definitely have to do a better job when we do this process towards the end of this year again, and make sure more people find out. But the more people find out, the more competitive it's going to become. You know, it's the by-product of doing this. But we don't mind spending these moneys that are suppose to be crime prevention dollars for those groups that gives us the biggest bang for our dollars throughout our neighborhoods. Commissioner Regalado: But my question was, is there an appeal process? Is there no appeal process? That's definite? Alejandro Vilarello (City Attorney): Commissioner, there is no formal appeal process. The funds can be expended with the request of the Chief law enforcement officer of the County or the City, and it must be approved by the governing body of that agency. So, there is no formal appellate process, unless we structure one into the process. Commissioner Regalado: OK. Now, my other question is, we just approved three hundred thousand dollars ($300,000) for protracted investigation. You need that. The police secret investigations, whatever they do. Is there any possibility of you having, say in July, additional Law Enforcement Trust Fund so you can consider sort of an appeal or second round half a year cycle of funding for the organization, using the criteria that you just expressed. I mean, going out and seeking -- going out and analyzing those groups. Is there a possibility of using new funds out of the Law Enforcement Trust Fund? Chief Martinez: Commissioner, let me say yes or no. Let me tell you why I'm saying yes or no. One of the items we got in trouble with during the audit by our internal audit departments and by the federal government is that we were spending too much moneys on community groups. You know, because some of those fund that's we were taking money -- funds come from three different sources. State means we (inaudible) state arrest; justice means we arrested with DEA (Drug Enforcement Agency) and the other one is treasury, means we did something with US Customs. So, those are the three ways money comes in. They all have different restrictions and we were spending money from all three groups on community groups, and some of those agencies have come and told us, you cannot spend money that you get from us in community groups. So we're forbidden. We're restricted from spending a lot of money that we were doing before from putting it back into the community. Saying that, the procedure that you all approve has left me the ability of being able to fund small programs up to two thousand dollars ($2,000) a shot for small programs to come between now and the next process, in case this is a summer program, that didn't hear about the process or something like this, small projects under two thousand for a maximum of twenty thousand dollars ($20,000) that were spent were set aside under the cap for all of these money to be spent. So, the answer is no for an overall funding. Yes, if we have a small program that needs two thousand dollars ($2,000) for our summer program or something that they want to do for kids, you know, after school programs, whatever that comes between now and the time we do the program again. Commissioner Regalado: But the other thing, before I finish, is it possible to get a written explanation on the denial to the Coconut Grove Playhouse? 23 April 26, 2001 Chief Martinez: Yes, sir, we will. Commissioner Regalado: So, just to leave it as it is, is it possible to open a cycle, an emergency cycle for those moneys that you have and for groups to go to you and apply within the next 90 days for that small amount of money? Chief Martinez: Well, Commissioner, for two thousand dollars ($2,000) and under they can, until the twenty thousand dollars ($20,000) runs out. Commissioner Regalado: That's what I'm saying. Chief Martinez: Until the twenty thousand dollars ($20,000) run out. Commissioner Regalado: That's what I'm saying. Commissioner Teele: It's open now. That's open now. He's saying that's open now. Commissioner Regalado: Yeah. Chief Martinez: That's open now. They can do that for under two thousand dollars ($2,000). Commissioner Regalado: It's open now -- it's open now, but some people don't know about it. Like Vecinos en Accion, they don't know about it. I mean, they would hope some day to apply back but they don't know or ... Chief Martinez: And if they apply now, if it's under two thousand dollars ($2,000), if it meets the criteria, we will be more than glad to fund it until those twenty thousand dollars ($20,000) run out. Commissioner Regalado: Of course. Of course. OK. Vice Chairman Gort: Commissioner Teele. Commissioner Teele: Mr. Chairman. Mr. Chairman, thank you. We heard from the judges, but I'm not sure we haven't heard from anybody else on Item Number 2, and if we're going to open this up for the public hearing, I would like to extend -- because there were several people that have called me an talk to me about this. Vice Chairman Gort: Anyone on this item is welcome to come up. I have a question, an the biggest problem with this, agencies that have been funded for years, then all of a sudden, that's part of the budget. Then all of a sudden you cut that out. It's very difficult for them because that -- the experience that I have, is these individuals can count on this money to make their budget for the following years and so on. Now, my understanding is, one of the criteria is crime prevention, and my understanding is for presentations been made here, that's the criteria number one, does this program keep people from repeating crime or from committing crime? 24 April 26, 2001 Chief Martinez: Commissioner, let me answer both your questions. First of all ... Vice Chairman Gort: But the question is, if these people were funded before, and they were looked at as a good agency that's providing services, why did we take it away this time? Chief Martinez: Well, if we're speaking -- let me answer the whole question. Neat Stuff is a great program. It's an excellent program. But when the Law Department sat with us and looked at each and every case, they gave me three letters for each of the groups. Yes, it definitely meets the criteria of crime prevention law enforcement purpose. No, it does not. It's a good program, but it does not meet the crime prevention criteria. And "C" is conditional. The Chief has to convince them that this is a law enforcement purpose. Programs such as the Boys Club had a "C", a conditional, and I had to convince them that it's my idea that when you keep kids after school in after school programs or in sports, they're not out in the streets, on the corners getting in trouble. So I felt very strongly that it met a law enforcement purpose. I find it very difficult to reach the same conclusion on Neat Stuff. It is a great program to give kids clothes. It is very difficult to make that tie into crime prevention and law enforcement purpose. It is good program. We have funded it before. But it was a lot more difficult to make that connection, that nexus that that had a direct law enforcement purpose. As far as funding that we have funded before in the past, before I put this process together in November or December, when we funded the other groups that had been approved by Chiefs before me an I was given (inaudible), I told each and every group the process is going to change. You're going to have to compete. So, there's going to be less money available because we have been told you can't spend all this money on crime prevention groups. So, they were all told do not count on this money for sure next year because you may not get it because other people have going to be competing. More people (inaudible) in the pack now it's a competitive process. Its not just asking and you'll get it. Vice Chairman Gort: Thank you. Yes, sir. Leroy Jones: Good morning. Leroy Jones, 180 Northwest 62nd Street. Representing Neighbors and Neighbors Association on this item. Last year we was contacted by the residents of liberty square and was asked to do a proposal to apply for some Law Enforcement Trust Fund dollars for Liberty City square housing development, and went through the process. We submitted the information. We had a meeting about it with one of the assistant chiefs and his assistant. They then sent us another application to fill out. And this was before the new process came into play. We filled the information out. We sent the information in, and from our understanding, it was a real good concept. What we wanted to do was, we wanted to bring some kind of activities in the housing development of Liberty Square because, as you know, right across the street they do have a African Square Park and it's a very small park and I know the City is in the process of enlarging the park, but it's very small and it's limited to how many kids can -- that park can provide services to. The housing development also have a YMCA (Young Men Christian Association) in that development, but it cost eighty dollars ($80) a week for the residents family members to participate in the process. Eighty dollars ($80) a week and this is in a low-income government housing development area. And those people that live around there can't afford to send their kids to that program, even though it's in that development. So, we put together a package and we requested only a one time deal of ten thousand dollars ($10,000), and my agency was going to provide some of the technical assistance, free of charge, the residents in the area 25 April 26, 2001 was going to provide the after school training to the kids, free of charge. That development have already have some of the equipment that's needed. It got a big old community center space that's not being used the way it should be used. You know, the only thing they're doing this is adult meetings and stuff, but no after care for the kids in that area. They have a ceramic department in there already got the kettles. Almost all the stuff is there. So, they don't need much stuff. We only applied for ten thousand dollars ($10,000) and which was lead to believe that was it was a real good concept, and, you know, that the City liked it. But thin we get another letter saying, look; it's a new process. But we applied under the old process. We did the application and everything. So, we should have been in the old process loop. You know, not given another application three months later after new process kicked in and say, look, you have to apply again. So, I'm just asking the Commission to please reconsider -- because it was only ten thousand dollars ($10,000), you know, on a one shot deal. So, please reconsider about putting Liberty Square development in this loop. Thank you. Vice Chairman Gort: Thank you, Leroy. Anyone else? Eddy Gervais: Hello. My name is Eddy Gervais. I'm the director of Gang Alternative, 311 Northeast 78th Street. I just want to recommend -- I just want to say what police officers and major (inaudible) said and the Police Chief have been doing. They've been doing a great job. And also I want to say, I work with the Little Haiti kids and I've been working there full-time for nine years, and the drugs that's been going on right next to 79th Street Northeast 2" a Avenue, and I'm in that neighborhood, and they did a good job in cleaning that neighborhood out, and they helping the process of getting more little kids in. We work with junior high and senior high Little Haiti kids, and try to get them, you know, into the education system, try to get some mentors in there, but it's hard for us to do that if we don't have the police officers help, and this is our very first grant that we applied for. We've been there 18 years and this is our very first grant that we applied for, and they allowed us to have that money. And I just want to say, you know, please don't hold us back. And I want to say they've been doing a good job. The NET -- they moved the NET Office right down the corner. That helped us out a lot. You know, I can tell you one story, you know, how it helped us out. You know, we working with kids and stuff. There is a man running around with a gun in the neighborhood and guess what building he ran into? Our building. And, so, you know, I'm glad these officers are not down the block. Because I'm able to go to the lieutenant that's right down the block and say, hey, Lieutenant, I've got some drug guys right next door, you know. And there's some drug guys two blocks over. So, this money will help us out and, you know, this is our very first grant that we applied for. And it's helping out the kids and helping them get mentors, motivational speakers in there and also to show them they've got a chance to make it. They've got a chance to make it. So, I want to just say, you know, thank you, Mr. Teele, for allowing me to have an appointment with you two weeks ago, and I want to say thank y'all officers because y'all doing a pretty good job. Y'all doing a good job and I can see that through an improvement in my neighborhood. So, I just say, you know, Commissioner, don't hold the money back. Reconsider it. And I agree with you, you know, if they need to get the word out so other groups can apply, that's great. Do it in the next process and I'll be there. Vice Chairman Gort: Thank you, sir. Thank you. 26 April 26, 2001 Mr. Gervais: Ch. Sorry. Commissioner Teele: Mr. Chairman, how many other people are speaking on this item? Vice Chairman Gort: Go ahead, sir. Dennis Knowles: Good morning, everybody. My name is Dennis Knowles. Resident 706 Northwest 4th Avenue. I'd like to commend PD (Police Department) department also for its work on the street, but it is really my belief that the issue is much bigger than just the streets. The issue is that the people on the streets don't import or export drugs. Fact of the matter is that I have to indict the DEA (Drug Enforcement Agency) and all of the other forces for not actually going after the big money because I believe that, and it is my contention that if you go after the ones that's are really bringing in the drugs, you can avert the street crime. That's a fact. And people generally on the streets doing crime due to the fact that they don't have opportunity. You know, you tell -- and I've talked to quite a few of the dope dealers and I asked them, I said, well, what would you do if you had -- you know, what would you do if you had a job and they'd say something like, well, man, if I got a job that's paying my five fifteen an hour, I'd rather do this as opposed to taking a five fifteen dollar ($5.15) an hour job because I'll make more money doing this. Well, that's not really helping the community. It's a lost situation. And I have to say this is a smoke and mirror situation when I look at the national problem, and it will continue to happen because it's been a rehash from even in the 60s because drugs have been put into the community intentionally to help keep poor people down. So, really, I think that the system really take -- needs to take a look at going after the real big dollars and not focusing as much attention on the small man, which is really not the real criminal. He's just a foolish person out there dealing drugs. That's my contention. Vice Chairman Gort: Thank you, sir. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I'd rather see the Law Enforcement Trust Fund dollars sent in programs like this than in other things like that because this is prevention. No way (inaudible) people commit the crime to arrest them and then cost a lot more money. I like to see -- I know Leroy Jones sitting at the County Commission event, fighting for his community. I'd like to -- his program to be part of those programs, too. Thank you. Vice Chairman Gort: Thank you, Mariano. By the way, we will not have a meeting, if you weren't here. So, you have to come. Commissioner Teele. Commissioner Teele: Mr. Chairman, I requested this item to be pulled when the Commission had actually had a motion and a second and was prepared to vote, and I want to express my appreciation to my colleagues for allowing me to look into this item more closely. For the purpose of moving the agenda along, I would move the approval of the item, but I would like to reserve just a moment for some comments on this. I would so move. 27 April 26, 2001 Vice Chairman Gort: There's a motion. Commissioner Regalado: Second. Vice Chairman Gort: Second. Commissioner Teele: Mr. Chairman, on the discussion. First and foremost, I think we need to clarify the record. The attorney has done some of this. This process of Law Enforcement Trust Fund is not the first time it's happened. It's been going on for the last how many years? Chief Martinez: Commissioner, I would guess 10 years, roughly. Commissioner Teele: Ten or so years. What's new or what has happened is, the Commission and the management have imposed, with the consent of the Chief, a process that allows for the grants to be submitted at one time, and I remember very well the discussion of the current Manager -- because before the grants were just submitted and there was no process at all. A lot of this comes out of the audit that this office -- that this Commission requested and instructed -- I authored it -- from the internal auditor to audit the Law Enforcement Trust Fund, and there were several concerns and recommendations that came from that audit. And I want to put this on the record because I know, you know, you hear people talking about, in the zoning meetings last night, about what we don't do or what we do do, but the fact of the matter is, we are light years a head of where we were five or six years ago in things like this. This process was a closed process. It was strictly based upon what the Police Chief and the Police Department brought forth. Maybe there was communications through the Manager's office, maybe from the Mayor, maybe from individual Commissioners. But there was clearly a helter skelter process we voted on for two to three years. This process does more to ensure that all of us and our constituents have an opportunity than the previous process. Does it need refinement? Probably does. Can it be refined? Probably can. I took the liberty to go in and review the scores; and I'm going to say this. I received calls from everybody say cross this community. I received calls -- I met with two judges on things that weren't approved, and I told them what I believe the law to be, and the law, as I understand it is, is that only the police Chief can recommend approval of items. The Commission cannot direct it, nor can the Manager. And, Mr. Attorney, you need to correct me if I'm wrong on that, but that was at least the previous County attorney had opined. And I'll tell you, police -- Mr. Chief... Mr. Vilarello: Commissioner, Commissioner Winton has asked me to state that on the record. That is the correct interpretation. The statute requires that the decision be made by the Chief of Police, whether it serves that purposes, and funds can only be expended after you all approve it, but it can't come to you unless the Chief of Police, not the Manager or the Commission, makes that recommendation. Must come from the Chief. Commissioner Teele: And I think that's very important, that all of us understand it. I think it's important... Commissioner Winton: I didn't understand that until you brought that question up. 28 Apri126, 2001 Commissioner Teele: Well, I'll tell you why this -- why I understand it. As a Commissioner that chair the public safety committee and the County in 1991, I recommended that we have take home police cars in the County. The Manager strongly opposed it. The cost the cost was one hundred and thirty million dollars ($130,000,000). The total cost of rolling that program out was one hundred and thirty million dollars ($130,000,000). The Herald editorialized twice against me on this issue. But the Police Chief, who works for the Manager, the same system we have there, recommended it. That guy had real -- and needless to say, it passed. Because it passed and because we rolled it out, when the City of Miami had a real problem after Hurricane Andrew with fleet 30 -- you know, 30 cars, 40 cars down, et cetera, Dade County did not have four cars out of service because there were no cars in a motor pool anywhere. Everybody had their own car. But this whole Law Enforcement Trust Fund is unique to our forms of government. In other words, normally, only the Manager can make certain recommendations. In this particular case, pursuant to state law, the Chief law enforcement officer that receives it stands high an above all of us. We cannot make a motion and recommend it if he hasn't made that recommendation or concurred with it. So -- nor the Manager, nor anyone else. So, this is a very important process that I think we need to focus on. Now, on the issue, there were grants that were not given to organizations. When I wanted to support them, that had for example 30 or 40 schools kids coming to participate, but you know what? Of the 30 or so schools, only three or four or five of them were in the City of Miami. Our business in Law Enforcement Trust Fund in the City of Miami is to support the citizens in this City. There is a Dade County Law Enforcement Trust Fund that is 10 times, 20 times bigger than this Law Enforcement Trust Fund, at least, and there is a trust fund in Coral Gables, and Hialeah, and Miami Beach. So, each Police Chief has got to ensure that those dollars are not only spent legally an spent based upon the policy directions of this Commission or the governing board, but also to the extent that they choose to, that they benefit the citizen industry of citizenry of that community, and, so, I think one of the things that we need to look at very closely are the processes and the evaluation. It was a strictly by panel, by rankings and, of course, the Chief made his zone recommendations, but I wanted to just say on the record, Chief, that I think the process has come a long way. I am particularly cognizant and want to associate myself with the remarks of my colleague, Commissioner Sanchez. I think we can do a little bit better in geographic distribution of dollars. That not necessarily helps me -- my district because, quite candidly, my district is receiving 50 percent of the money. Commissioner Sanchez: Fifty-eight to be exact. Commissioner Teele: Fifty-eight percent of the money. So, I don't want to -- I mean, I don't want to play with the facts or play with the politics. We've got a job to do. My district doesn't have a park in the entire Little Haiti air area. But those are the points that have to be waited and considered, and I just wanted to say to my colleague that this process is an evolving process sand it is a much better process than I've ever witnessed or participated in. Commissioner Sanchez: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Sanchez: First of all, it's like playing the lottery. You've got to buy a ticket. So, 29 April 26, 2001 I'm not questioning the grading process. I'm not questioning your recommendations. What I am questioning is that, I think that what we need to work on, and this is a young process. Although Commissioner Teele stated, it's a process that's been going on for years. We modified it last year, where people have to apply. So, therefore, if you don't apply, you cannot be in the process. So, I'm not questioning that. What I would like to see an improvement and have you improve on is where we go about to notify people to be a part of it, because if you look at it, the people that have participated in the process in the past were the ones that benefited from it. So, what I would like is for somehow for you to find ways to improve the way that we reach all the organizations throughout the City, just not my district. Yes, I represent my district. I'm not happy with the numbers that my district receive, an I have put that on the record, but I respect the process. However, we need to improve ways to have organizations, such as the ones that I stated, for the record, that they be informed, that, in many ways, not only informed, but also help them to prepare the forms to apply. Then, we'll go to you in the process that exists and then, year from now, if I only get five, six percent, then that's what it will be. But now I think we need to focus on good organizations that are in my district that were left south. That's the only argument I'm making here. I'm limited in my arguments because of the fact that if they did not apply, they can't be a part of this. But we need to make sure that next year everyone has applied. And I guarantee you, as a Commissioner from my district; you will have every non-profit organizations that meet your criteria will apply. Because you know what? The next couple of weeks, I'm going to meet with every one of them to make sure they apply. Vice Chairman Gort: Thank you. Chief, and I think it's very important for the public to understand, this is a process that's been going on for 10 years and there was no restriction to it. This Commission -- we have inherited a lot of problems that we are taking care of. We requested that we have a low -- this is first time, I think the Law Department has gotten involved in the process to make sure the decision that we make, they're legal and they're in compliance with our requirement. The other thing I would like for you to look at is, right now there still an offering process with some of those individuals -- my understanding is, there are two thousand dollars ($2,000)... Commissioner Sanchez: Or less. Vice Chairman Gort: -- or less that they could go and apply for it. I think it's important that we inform the NET and inform the organizations they can still do that san look at that process. Especially the process that -- I would like for you to look at the people that have been funding before, they're not funding now, if they could apply to those funds. The other thing I believe is very important, this is a crime prevention, I think -- and, Chief, I'm sure you probably do this -- you also targeted the highest of crime, where they are taking place, and where there's bust taking place so we can reduce the crime within those areas. So, I imagine those are the criteria. Also, when you put the applications out, make sure that the agencies understand what the criteria are. I don't -- I want people to make sure they know the rules. I think -- once we set up standards, if we live up to those standard, you know, people will understand we can, we cannot, but we have to live up to those standards and we (inaudible) apply the standards. So, I believe it's very important that you do that. Most important, you inform people. Maintain them informed. Is there any further discussion? 30 April 26, 2001 Chief Martinez: Commissioner? Vice Chairman Gort: Yes, sir. Chief Martinez: First of all, I do agree with you, and one thing that I think we can copy from Gwen Warren (inaudible), we can do a pre -application meeting with all the groups and tell them this is -- things that you can do and like Commissioner Sanchez, we have to do a better job by reaching out to the community. There is one change that I'd like to make on the funding issue. We got a phone call yesterday from one of the groups, a group that was recommended for funding, a group called Cool School of Dade, that was earmarked for forty-two thousand dollars ($42,000), saying they're going out of business. They don't need the money. They're disbanding. My recommendations that we change that one and the next group in line to get funding on the approval process, which is the non violence project, you know, we called them yesterday and say, are you still interested because you're the next one that we reached out to. They have sent us a budget for forty-two thousand dollars ($42,000). They were asking for hundred and twenty- five thousand dollars ($125,000) initially. It meets the criteria for it to be spent. So, I'd like to change for the non-violence project to get the forty-two thousand dollars ($42,000), which would have gone to Cools School of Dade. That is a change I'd like to make on the floor. Commissioner Teele: I accept the amendment. How much was it? Chief Martinez: Forty-two thousand dollars ($42,000), sir. Commissioner Teele: To who? Commissioner Sanchez: To the non-violence group. Chief Martinez: To the non-violence project. Commissioner Teele: I accept the amendment as the maker of the motion. Vice Chairman Gort: Does the seconder of the motion accept it? Commissioner Regalado: Yes, I did. Vice Chairman Gort: OK. Any further discussion? Commissioner Teele: Call the question. Oh, I apologize. Vice Chairman Gort: All in favor state it by saying aye. The Commission (Collectively): "Aye." Vice Chairman Gort: Thank you. Next. Thank you, Chief 31 April 26, 2001 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-337 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING FUNDING FROM THE LAW ENFORCEMENT TRUST FUND ("LETF"), IN AN AMOUNT NOT TO EXCEED $499,992, FOR EIGHTEEN EDUCATIONAL, RECREATIONAL, AND DEVELOPMENTAL YOUTH PROGRAMS, AS SPECIFIED HEREIN; ALLOCATING FUNDS FROM THE LETF, PROJECT NO. 690001, IN AN AMOUNT NOT TO EXCEED $389,992 AND FROM PROJECT NO. 690002, IN AN AMOUNT NOT TO EXCEED $110,000, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF JUSTICE'S "GUIDE TO EQUITABLE SHARING," AND SECTION 932.7055, FLORIDA STATUTES (2001). (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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None 32 April 26, 2001 4. RATIFY INTERLOCALAGREEMENT BETWEEN MIAMI PARKING AUTHORITY AND BAYFRONT PARK MANAGEMENT TRUST FOR PROVISION OF MANAGEMENT SERVICE. Vice Chairman Gort: Now we go into the Commissioners 's items. Commissioner Sanchez, you're next. Commissioners' items. I'll be right back. Take over. Commissioner Sanchez: Mr. Chairman, for the purpose of -- we have such a voluminous agenda, I'd like to defer my Item A and move on to Item B, which is discussion concerning the interlocal agreement between Miami Parking Authority and Bayfront Park Management Trust regarding the Gusman Theater. We do have representatives from both sides. We have Jay Constantz, who is the Executive Director of Bayfront Park, and Art Noriega, who is the Executive Director of Miami Parking Authority here to discuss the item. This agreement has been passed by both parties. The Bayfront Park Trust and also the Off -Street Parking Trust. The only niche here was that both requested that we would come up with a harmless clause. We both agreed. There was only Off -Street Parking who came back and said that they wanted to make sure that gross negligence was included, which is standard. Bayfront Park does have directors and members hold insurance. So we're covered on that and that's why the discussion is here for approval of the Commission. Commissioner Winton: Are you making a motion? Commissioner Sanchez: Yes, sir. Commissioner Teele: Second. Commissioner Winton: We have a motion on the floor and a second. Discussion. Commissioner Regalado: Second. Commissioner Winton: Any discussion? Being none, all in favor state by saying "aye.". The Commission (Collectively): "Aye." Commissioner Winton: Like sign oppose. Motion carries. 33 April 26, 2001 The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-338 MOTION RATIFYING THE INTERLOCAL AGREEMENT BETWEEN THE MIAMI PARKING AUTHORITY AND BAYFRONT PARK MANAGEMENT TRUST FOR THE PROVISION OF MANAGEMENT SERVICES; FURTHER STIPULATING THAT CERTAIN ADDITIONAL TERMS BE INCLUDED IN SAME: 1) A HOLD HARMLESS CLAUSE BETWEEN BAYFRONT PARK MANAGEMENT TRUST AND THE GUSMAN CENTER FOR THE PERFORMING ARTS, WHICH SHALL ALSO INCLUDE REFERENCE TO GROSS NEGLIGENCE AS IT PERTAINS TO THE TRUST, ITS OFFICIALS, EMPLOYEES AND AGENTS; AND 2) REQUIREMENT THAT ANY DIRECTORS AND MEMBERS SHALL MAINTAIN INSURANCE. Upon being seconded by Commissioner Teele, 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 NAYS: None ABSENT: Vice Chairman Wifredo Gort Commissioner Sanchez: Thank you. 34 April 26, 2001 Commissioner Sanchez: Moving on to C, is the discussion concerning amendment to the motion, which is 119, passed on February 8, 2001, granting support to Mr. Gilberto Casanova, secretary to Accion Cubana, for either installation of a pedestal in front of the Tower Theater, with the sculpture of Manuel Fernandez or as option; the placement of the star in Calle Ocho sidewalk of fame; furthering stating that the Commission does not support renaming of the tower, and that was made very clear, which we did not support that. This would -- the amendment here is to allow for the temporary placement of the sculpture at Southwest 13th Avenue and 81" Street, which is the Cuban Memorial Drive, and it's a discussion, but I would make the motion to allow them for temporary installment of the pedestal. Commissioner Regalado: Second. I'll second the motion. Commissioner Winton: So, we have a motion and a second. Discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Commissioner Winton: Like sign oppose. Motion carries. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-339 A MOTION AMENDING MOTION 01-119, PASSED ON FEBRUARY 8, 2001, BY ALLOWING FOR INSTALLMENT OF A SCULPTURE OF MANUEL FERNANDEZ, ON A TEMPORARY BASIS AT S.W. 13TH AVENUE AND 8TH STREET ("CUBAN MEMORIAL DRIVE"). Upon being seconded by Commissioner Regalado, 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 NAYS: None ABSENT: Vice Chairman Wifredo Gort 35 April 26, 2001 Commissioner Winton: Next item. Commissioner Sanchez: That is done -- I'm done with my items. Commissioner Winton: Then, Commissioner Regalado, your items. Commissioner Regalado: Thank you, Mr. Chairman. I was requested from several colleagues in the City Council of the city of Hialeah to bring to you a resolution of the Miami City Commission urging the Florida State Legislature to grant equal opportunity to Hialeah Park by authorizing an issuing racing dates for Hialeah Park that do not conflict with the Dade authorize an issue for other racing facilities in South Florida; further directing that that the City Clerk to transmit a copy of this resolution to the designated officials, and the reason is, they have gone to the County sand to other municipalities in order to save Hialeah Racetrack, and I think, in a gesture of good neighbors, I'm bringing this resolution, this motion for the City Commission to vote on it. Commissioner Teele: So moved. Second the motion. Commissioner Winton: We have a motion and a second. Discussion? If you don't mind, I would like to add, I think that Hialeah Racetrack is one of the gems of our entire Miami -Dade County, and I'm very much in favor of this. I think that we need to do everything we can to save Hialeah Racetrack. Commissioner Regalado: And -- thank you, Johnny. I think that, because -- I understand there is a boat vote in the legislature that is coming up either next week or tomorrow to ask the City Clerk to fax this resolution to the members of the legislature here in -- that represents the City of Miami, two Senators and four representatives. So... Commissioner Winton: And you might add, Commissioner Regalado, that we ought to get this in the hands of our lobbyists too, letting them know that the City of Miami has taken a position on this issue so that as they're running around Tallahassee, they can make some additional -- maybe rally some additional support. . Commissioner Regalado: Thank you. Commissioner Winton: Any further discussion on this item? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Commissioner Winton: Like sign oppose. Motion carries. 36 April 26, 2001 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 01-340 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA STATE LEGISLATURE TO GRANT EQUAL OPPORTUNITY TO HIALEAH PARK BY AUTHORIZING AND ISSUING RACING DATES FOR HIALEAH PARK THAT DO NOT CONFLICT WITH THE DATES AUTHORIZED AND ISSUED FOR OTHER RACING FACILITIES IN SOUTH FLORIDA; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. (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 NAYS: None ABSENT: Vice Chairman Wifredo Gort 37 April 26, 2001 7. DEFER CONSIDERATION OF PROPOSED AMENDMENT TO WATSON ISLAND RFP, TO INCLUDE FISH MARKET AND SMALL MARINA TO BE LOCATED ON OPPOSITE SIDE OF MEGA YACHT MARINA. Commissioner Regalado: Thank you. The other issue is a discussion concerning a proposed amendment to the Watson Island RFP (Request for Proposal) to include that a fish market be located on the opposite side of the mega yacht marina. The reason for this is a two fold. The City Attorney gave an opinion on the possibility of doing this. He said that we can amend the RFP if we do it on time, without affecting the process. The other reason is that there have been discussions on the media regarding the City proposed plan for a mega yacht marina and the possibility of the fishermen there being kicked out. There is a very nice area that people from the City of Miami go to buy fish or whatever. Also, it's sort of a -- it's a Miami fixture to have that. So, with the help of Assistant City Manager, Dena Bianchino, we went there, and she discussed that with her staff and I think that there is a possibility that we can do that, and the people that would bid for this would include that. So, that would be my motion. Commissioner Sanchez: Second. Vice Chairman Gort: It's a motion and a second. Further discussion? Commissioner Winton: Commissioner Regalado, I'm not sure that -- I want to make sure that I understand this because how this is dealt with, frankly, can determine the success or failure of something that this Commission has directed the staff to do, and that is to issue an RFP for a mega yacht marina and how this issue of where fishing boats are located, what... Commissioner Regalado: No, no, it's not a fishing boat. Commissioner Winton: OK. Commissioner Regalado: It's a fish market. There is no fish in boats there. Commissioner Winton: OK. Commissioner Regalado: Fishing boats. Or this will be no fishing boats. Commissioner Winton: There will be no fishing boats? Commissioner Regalado: No. Commissioner Winton: This is just a fish market where you can sell fresh fish and people can come and buy fresh fish? Commissioner Regalado: Exactly. Commissioner Winton: OK. 38 April 26, 2001 Commissioner Winton: And, so, if we give staff the flexibility to properly place that, I think this will be -- I've got zero problem there. Commissioner Regalado: No. Zero problem. Commissioner Sanchez: As long as it's supported and recommended by the City administration. Dena Bianchino (Assistant City Manager): Yes, we've discussed the fish market and... Commissioner Sanchez: OK. Vice Chairman Gort: And the City Attorney. Commissioner Sanchez: And the City Attorney. Alejandro Vilarello (City Attorney): Mr. Chairman, I have two issues that I'd like to clarify. One issue relates to -- is this fish market to be a mandatory or a permissive use? Commissioner Regalado: Mandatory. Mr. Vilarello: And the other issue is that I recommend that you bring this back at the May 10th meeting. The RFP originally is adopted at a public hearing and after a public meeting, and if this is the will of the City Commission, we should notify, advertise a public meeting, have that discussion at the May 10th meeting. I'm sure we could do the advertising for that. Commissioner Regalado: Sure. But remember, I'm following your memo. You said you can do this. Mr. Vilarello: You could certainly amend the RFP, but when you adopted the RFP, you did it at a public hearing, at a public meeting. Commissioner Regalado: Oh, OK. Mr. Vilarello: And if you amend this to add this language, you should do so at a public hearing, at a public meeting, and I'm afraid it was not advertised as such as such today. Unless Ms. Bianchino advertised that. Dena Bianchino (Assistant City Manager): No. I was never advised that we had to, and I'm very concerned that by waiting until May 10th, we're really coming up on the deadline for the proposals, and it's going to cause people to have to change their proposals. Mr. Vilarello: Commissioners, the RFP process is adopted after public notice and after a public hearing, and my recommendation is that you amend it in the same manner that it was adopted. Commissioner Sanchez: Would that -- just for point of clarification. Johnny, I'd second it for purpose of discussion and one of the things -- you've cleared out some points. Would this 39 Apri126, 2001 deviate from the RFP? Ms. Bianchino: I can tell you right now, the RFP says right now -- we're really changing one word. The RFP says fresh fish markets may also be included in the overall project design. We're changing the word may to shall. Commissioner Sanchez: Mr. City Attorney would that deviate and make the RFP an invalid? Mr. Vilarello: Well, I -- if I can restate your question. I think it is a material change. I don't believe it would make it invalid. It is now a mandatory provision of the proposals. And as such, I think it's necessary for it to be adopted in accordance with the same standards that you put in place when you adopted the original RFP. Commissioner Winton: Then, is it possible then for us to jump the gun, if you will, with the respondents and let them know that this is likely coming. Are we allowed to tell them in advance that this is likely coming? Could we pick up the phone and call them all now? Ms. Bianchino: No, write them. Mr. Vilarello: No, you can't pick up the phone, but you can prepare a memorandum and distribute it. And the reason, Commissioner, you can't pick up the phone is because the cone of silence is... Commissioner Winton: OK. It's the cone of silence that the County dragged us into because of their incompetence. Mr. Vilarello: Exactly. But the communication can be given in writing. Ms. Bianchino: OK. Commissioner Winton: Great. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: Obviously, the attorney has opined. I think it would be appropriate, then, that this item be brought up on the next meeting of May l oth and that the proper notices be given and that a full presentation on the status and where we are on this project be done. I will say this. When I voted no before, I think this process has been rushed; I think it has not been really -- you know, if the fish market is there now, it was there before. We just passed -- Mr. Attorney, what was that we just did this morning, CA -20 was an error on titles relating to Monty's or some piece of property over there. Mr. Vilarello: It was item 21. It was to clarify some title issues related to... 40 April 26, 2001 Commissioner Teele: Some title issues on land that we're engaged long-term leases on. We've got an item on Grove Harbour, where we've got leases and bay bottom issue, and I'm telling you, colleagues, this item is being rushed through. We need to get everybody focused on this item and I, for one, will continue to say that this item is being rushed. If there is a need -- I don't know how I feel about the fish market. I won't understand. I want to hear from the professional staff, the planning staff, especially on this, but -- I mean, again, we should discuss this item in a public hearing, since that's how it was advertised and it does relate to a use in land. So, Commissioner Regalado, if you would allow an amendment that would move that the item be deferred with instructions to the management and the attorney to ensure that the item the properly noticed for a discussion on May 10th. I would second that motion. Commissioner Regalado: Yeah, sure. I don't have any problem at all. My only concern is what Dena said in terms of the timing -- the time line. Sure. And I think that we should discuss, publicly, what we want to do in Watson Island because -- I mean, something went to the PAB (Planning Advisory Board) the other day and it was rejected; although, it doesn't have to do with the RFP (Request for Proposal). It's in Watson Island. We should also get a status of, you know, Parrot Jungle and all that. I mean, it's the major project and we're planning to decide in the next 90 days or so, I think, three things: One, the RFP for the major yacht marina; the other, the Visitors and Convention Bureau, and the Children's Museum. So, you know, it is worth it. I think we should have an open hearing, and people should be able to discuss. My -- let me tell you. Let me tell you why I think we should fight for a fish market. First of all, because it's nice. It's Miami. It's water. It's fish. It's people. Second, first of all, because it's nice; it's Miami; it's water; it's fish; it's people. Second, if we're going to take this to a popular vote, you don't want -- you don't need bad press. Bad press you will get if you award this mega yacht marina project to a huge company. I hope it would be the biggest company in the world, and then kick out 26 families that would not be able to earn their daily bread. Simple as that. The press, I'm telling you, will focus on what you're doing, rather than what you are going to do. Commissioner Winton: Well, as you said, par of it already is focusing part of the press. Commissioner Regalado: But what I'm saying... Commissioner Winton: No, he's -- Commissioner Regalado is part of the press. Commissioner Teele: I didn't know that. Commissioner Winton: Huh? No, he's -- Commissioner Regalado is part of the press. Commissioner Teele: Oh, OK. Commissioner Regalado: No, no. And you know, I think -- I have a sense of what would happen, and I'm telling you, it's very visual; it makes for a good story, so I think that we don't have to look for trouble, and I think that this fish market can blend with the ambience that we want there in Watson Island. So, that's basically what it is. Vice Chairman Gort: Let me tell you what it is. We're going to move this, the motion for May 41 April 26, 2001 10th, and, at the same time, Mr. Attorney, I'd like for you to check on the charter boats also. I think that's something we need to address. Mr. Vilarello: Pardon me? Vice Chairman Gort: The charter boats. The boats. OK. And the status of that and all the things we can do. Commissioner Teele: The what? I didn't hear you? Vice Chairman Gort: The charter boats. The boats, the fishing boats. Ms. Bianchino: Charter fishing boats. Vice Chairman Gort: Charter fishing boats. OK. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Commissioner Winton: Let me -- whoa, whoa, whoa, whoa, whoa. Whoa, whoa. Vice Chairman Gort: Yes. Commissioner Winton: I want to understand what this last request is. The last request is that we're going to what as it relates to the charter boat? Mr. Vilarello: Commissioner, there -- I'm sorry. Commissioner Regalado: What Willy means, Johnny, is that he wants to know -- and we should know -- what is going to happen to the fishing boats that are there now. Commissioner Winton: As a part of the bait on the tent? Commissioner Regalado: No, no, no, no. No. Not on this RFP. What's going to happen to them? Where are we going to move them? Commissioner Teele: Commissioner Winton: OK. Commissioner Teele: But they're not on Watson Island now, then? Commissioner Regalado: Yes, they are. Commissioner Winton: Yes, they are. 42 April 26, 2001 Ms. Bianchino: No. Commissioner Winton: Yes, they are. Ms. Bianchino: Wait. Commissioner Regalado: And they're going to have to go. Commissioner Teele: Yeah, but this is the point. Why don't we defer this item? All that Commissioner Gort is saying, he wants staff to be prepared to discuss, in detail that issue. Vice Chairman Gort: And bring all that information and all those... Commissioner Teele: And on the question. I said it before, I'm going to say it again, I'm going to say it next week. This thing is being rushed. The Times Square project that I wanted for two years, that I've had in the process, I'm telling you, I was frustrated, I was mad as hell at the Planning Department, and the planning staff, there are legitimate issues and they've got to be worked through. You cannot rush some of these land use issues were the City is involved in the ownership of land. We are not doing this right. Why are we talking about boats if we don't have a plan? The relocation of the boats or what's going to happen to the boats should have been a part of the RFP discussion. Why are we talking about a fishing boat? This thing is being rushed gentlemen. So, let's have it out then, but this is not well thought out. Commissioner Winton: But it seems to me that the accusations that something is terribly missing here, if that's accurate, then it seems to me that what we ought to do also is put the ideas that we think could be really problematic -- the points that's we think are problematic, they need to be put on the table. Commissioner Teele: Johnny, I'm not saying something missing. Hear what I'm saying, and the one thing I don't like is, I don't like to hear what Commissioners have to say and mayors have to say about public land use policy until we've heard from the staff. When you look at the big four pars of this City, the Hyatt Hotel, Knight Center is upside down financially, that was something that was done from the dais. When you look at the Biscayne -- when you look at the Miami Arena, and the redesign of that, the decision to take the sky boxes from mid -court and make them buzzard -level court, that was a decision made from the dais, and I mean, I wasn't in the City, Commissioner, you weren't. I'm not pointing fingers at anybody that was, but if we don't learn anything, we need to listen first to professional staffs before we start saying put the boats over there; put the fish market over there, and the staff should have given us a plan that -- before we approve this thing, that says this is what's going to happen to the boats; this is what's going to happen to the fish market; here are 18 options of what could happen, which ones do you like. That's all that I'm saying. Commissioner Winton: OK. And I understand clearly, and that's what staff needs to be doing when they come on the 10th, right? Vice Chairman Gort: Right. At the same time, we want to make sure that all the titles are clear 43 April 26, 2001 so we will not have is the problems that we've had with other properties, where we have allocate the granted and then, because of the title not being cleared, it has taken two and three years, where we could have been making nine hundred thousand dollars ($900,000) by now. OK. 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. 01-341 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM DISTRICT 4-13 (REGARDING PROPOSED AMENDMENT TO WATSON ISLAND RFP, TO INCLUDE A FISH MARKET AND SMALL MARINA TO BE LOCATED ON THE OPPOSITE SIDE OF THE MEGA YACHT MARINA) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 10, 2001; FURTHER INSTRUCTING THE CITY ATTORNEY AND CITY MANAGER TO ENSURE THAT PROPER NOTICE (ADVERTISING FOR A PUBLIC HEARING AT A PUBLIC MEETING ON SAID ISSUE) IS PROVIDED IN CONNECTION THEREWITH; FURTHER STATING THAT A FULL PRESENTATION BE MADE BY THE ADMINISTRATION REGARDING SAID ISSUE; FURTHER STIPULATING THAT ITEM CA -21, PREVIOUSLY PASSED ON THIS SAME DATE BE CLARIFIED AND DISCUSSED REGARDING TITLE ISSUES/CHANGES ON THE COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 10, 2001. Direction to the Administration: by Vice Chairman Gort to substantiate that all title changes have been legally cleared; further directing staff to be prepared to address the issue of the charter boats. 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. 44 April 26, 2001 Vice Chairman Gort: Yes. Are we discussing the -- he wants to go in detail. We're discussing Commissioner Regalado: On the May 10th. On the May 10th. He's one of the tenants, so he can come back... Martin Tritt: I think I should be allowed to make a short statement. My name is Martin Tritt. I live at 5261, La Gorce Drive, Miami Beach. I have run the bait shop gas station at Watson Island for the last 22 years. I believe that I pay this City more than any other entity on Watson Island during this time. I believe that what you people are fighting for is for the death of the McArthur Causeway. Come every Friday night and Saturday night and try to get over to the beach and you have no idea what these three projects, the Parrot Jungle, the Visitors and Convention Bureau, and the Children's Museum is going to do to traffic on the McArthur Causeway. So, now your sea ready to put in a mega yacht marina and a hotel, and God knows what else, and take away a really great park, which you have done everything in your power -- not you collectively here today -- but past commissions have done everything in their power to kill. They closed the bathrooms on the island. I am the only one that provides a public bathroom to the people, and I pay for all the toilet paper and water and all that stuff. So, I believe that what you need to do on this is wait. You could very easily put a temporary mega yacht marina over in Bicentennial Park from the bridge over to the inlet, and it would give those people access to the people mover, which would bring more business to downtown and be a much better idea than putting it on Watson Island, and what you should do -- when I was a kid, one of the highlights of my life was going to Pier 5 and seeing what kind of fish they had, and there was no parking fees or anything, and I have as much right to speak as anyone because I was born in Miami; my parents paid for these parks that you're very aptly giving away to every Tom, Dick and Harry, but rich Toms, Dicks and Harries. Thank you. Vice Chairman Gort: Thank you. OK. All in favor state by saying "aye." The Commission (Collectively): "Aye." 45 April 26, 2001 The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 01-342 A MOTION GRANTING REQUEST RECEIVED FROM THE LYRIC CIRCLE OF THE OPERA TO USE THE MANUEL ARTIME THEATRE FREE OF CHARGE FOR ONE REHEARSAL FOR EACH OF THE FOUR PERFORMANCES CURRENTLY SCHEDULED AT SAID FACILITY. 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. 46 Apri126, 2001 8. GRANT REQUEST RECEIVED FROM LYRIC CIRCLE OF OPERA TO USE MANUEL ARTIMEE THEATRE FREEOF CHARGE FOR ONE REHEARSAL FOR EACH OF THE FOUR PERFORMANCES CURRENTLY SCHEDULED AT SAID FACILITY. Commissioner Regalado: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Regalado: On item D -- oh, no, Item C is the Lyric Circle of Operas, use of Manuel Artime Theater. Let me tell you something about this, and I'll be brief because I know we have many things to do. If you are a promoter for a salsa concert or a jazz concert, Bayfront or whatever, you get a lot of people attending; you get a lot of promotion from the media because there are a lot of FM radio stations and media outlet that we be promoting those events, but if you want to do opera in Spanish, it's very, very difficult, because you don't get any promotion. No music oriented radio station will dare to promote an opera as boring as it is, think may think. So, these people are trying to bring three functions of opera to Little Havana and to the Manuel Artime. They are paying as a non-profit because they are a non-profit, but my issue here is because we have to rethink this and especially on this issue, but I think it's important that we have a policy of facilitating the people who really want to make art and doesn't have the means to go to Gusman or to Dade County Auditorium to help them, and basically what I'm proposing -- and I spoke to Christina about it -- is that we don't charge for the rehearsal. If you are going to have an event in Manuel Artime, you can have one night or one afternoon of rehearsal free. That would give you the possibility of, you know, using your little resources in other areas, and Christina, I guess that -- do you agree with that? Christina Abrams (Director, Conferences, Conventions & Public Facilities): It's reasonable and it -- if they have the performance plan and they're paying rent for that performance, that they be allowed to rehearse one time, an that's a reasonable request. I just ask that it be during working hours and if we have to pay an employee overtime to be there, if they, you know, cover that costs. Commissioner Regalado: OK. So, that would be my motion, to... Commissioner Winton: Second. Commissioner Regalado: -- give these people free rehearsal. Vice Chairman Gort: It's been moved and second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 47 April 26, 2001 The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 01-342 A MOTION GRANTING REQUEST RECEIVED FROM THE LYRIC CIRCLE OF THE OPERA TO USE THE MANUEL ARTIME THEATRE FREE OF CHARGE FOR ONE REHEARSAL FOR EACH OF THE FOUR PERFORMANCES CURRENTLY SCHEDULED AT SAID FACILITY. 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. 48 April 26, 2001 Commissioner Regalado: Mr. Chairman, the other issue is one of great importance in my district, and it's a problem that we have on Flagler Street. It's the health care facility that is located at 3800 -- 3815 west Flagler Street. It's a whole block, actually. And what is happening there, and I'll tell you very briefly. This is a mental health clinic. Back in 1994, 1 think, the Zoning Board granted a license to -- yes, granted a license to -- the Zoning Board to this mental health facility, with some conditions. Then it came to the City Commission and the City Commission rejected the Zoning Board. You were the only one here at that time, I think, Willy. It rejected that. They went to court and the court said, you've got to give them a license because it's a mental health facility. You cannot tell them to go somewhere. But the judge -- and I read -- said that it has to be with conditions, and he used the conditions imposed by the Zoning Board, which were security, 24 hours a day; parking for their patients. There were other conditions that I don't quite remember. No wandering around or whatever. Now, I have a memo from the Manager -- and even some media have spoken to some of the people in charge of that clinic, and everything seems to be OK. Well, everything is not OK and I'll tell you what is happening. On 38th Court, you have a median that finally the City's administration -- and I've got to thank the City Manager -- built the curb. Because the patients of those -- of that facility would park on the median, because they have to be there all day, they brought little barbecues. They cook there. And they have their lunches and dinners over there. It was a place that became a trash hole. They also park in the driveways, and some of these people were really belligerent when the people -- the residents told them not to block their driveways. The police did a very good job in getting rid of this situation, but the patients are still wandering in the neighborhood. They go around 38th Court; they go around 1St Street; they cross the street and they go into the video store, the jewelry store, the restaurant, the cafeteria that is there. In fact, the other day there were two that came into the video store and -- and I understand and I sympathize with the people that have -- you know, that are mentally challenged and they have this problem. And they cannot be discriminated at all. But they went to the cashier. They went to two or three customers, and they started asking for seventy-five cents ($0.75). Only seventy-five cents ($0.75). So, you would think that anybody would give them, but they said no, and they became like really belligerent. So, they had to call the police and this is an ongoing situation. At night, instead of going home, supervised, they go to the two service stations in Flagler and 37th Avenue. They are very aggressive panhandling the customers in that panhandling the customers in that service station, and, listen, this is not about complaints I got. This is what I saw. I've been there. I go to that video store. I go to those service stations. I saw it. I've seen it. There is no way -- I got a memo interest the Manager -- you know, the garbage situation was handled. That's fine. But we have this situation. We have a situation there where the quality of life of the residents is being affected so much that they are afraid to open their door when someone is knocking on their door, and this is happening right now in 38th Court, Southwest 1St Street, Southwest 2"d Street, 39' Avenue and... Commissioner Winton: Commissioner Regalado, let me see if I understand this right. There is a legitimate business that's operating on Flagler Street. You're bringing this issue up because 49 April 26, 2001 you're very concerned about the quality of life of the surrounding neighborhoods and the impact that that facility has on those neighbors in that particular neighborhood; is that not correct? Commissioner Regalado: Actually, no. I'm talking about the lack of control of that facility with their patients. That's all we ask. We don't want them to leave. We don't want them to -- I don't know -- move. Commissioner Winton: Well, originally, it would have been -- I think there was a movement to keep them from getting there. So, for that... Commissioner Regalado: Well, the City Commission denied that. But I mean, the court decided and the court, you know, supersedes the City Commission. The problem is that I feel that the facility, the mental health facility -- and, mind you, this is not a clinic were elderly persons go. They take their blood pressure. They come back home. This is a place for very troubled persons. Commissioner Winton: Commissioner Regalado, I happen to agree with you a hundred percent. I'm only making a point about a number of votes you've taken of late where residents in my district, in my neighborhoods, who were opposed to specific kinds of things being in their neighborhood and you voted for the guy that was doing whatever it was to the rest of the neighborhood. That's the only reason I was asking this question. Commissioner Regalado: Oh, I tell you... Commissioner Winton: I think you're a hundred percent right, by the way. Commissioner Winton: Commissioner Regalado: If you have a loony clinic in your district... Commissioner Winton: I would be... Commissioner Regalado: Knocking -- Commissioner Winton: Right. Commissioner Regalado: -- on the door of residents, I'll vote for you. But what I'm saying is that I want the clinic there. I want the clinic there. Vice Chairman Gort: Gentlemen, we haven't started yet. We have a long agenda. Carlos Gimenez (City Manager): Commissioner, I guess what we could do ... Vice Chairman Gort: Mr. Manager, let me tell you. I was here when we denied it and the reason we denied it was because it's what's exactly taking place. I think this condition that they have to comply with. I know the court put them in there, but I've seen that myself. I've seen that myself. 50 April 26, 2001 You have a lot of older people that live there and they go shopping there and they get harassed by these individuals. Somehow, I don't know what the answer is, but we need to do something there. Commissioner Winton: Well, it's to enforce the standing or the restrictions that the court placed on the facility, and they just have to be enforced, right? Vice Chairman Gort: Mr. Manager. Mr. Gimenez: Also, in addition to that aggressive panhandling is against the law and, you know, I'll ask the Police Chief to step up patrol in that area and to aggressively, as part of the minor crimes initiative, go after those that are, you know, aggressively panhandling or violating some other, you know, laws in that area also. Vice Chairman Gort: And also, I'd like to suggest that somehow you -- that our staff get together with their administrations and let them know there are a lot of complaints. Thank you. Commissioner Regalado? Commissioner Regalado: In 30 days I'll be checking on this. 51 April 26, 2001 10. REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE PROPOSED RENAMING OF NW 2ND STREET BETWEEN NW 22t'd AVEI t TE AND NW 24TH AVEC AS "ELIZABETH BROTONS WAY." Commissioner Regalado: There is an item that was asked by resident -- in this instance, Commissioner Sanchez district, but I took Commissioner Sanchez. This issue here because I was asked but with your permission, I would like to sug est to send to the Street Codesignation Committee 2nd Street Northwest, between Northwest 22" Avenue and Northwest 24th Avenue to be named as Elizabeth Brotons Way. Elizabeth Brotons is the young Cuban lady that died, bringing her little son, Elian Gonzalez, and Elian lived in that street for six months until one year ago. So, that will be the motion. Vice Chairman Gort: This is a motion to send to the committee. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Second. Any further discussion? Being none, all in favor state by saying 'e,� The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 01-343 A MOTION REFERRING TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE PROPOSED RENAMING OF NW 2ND STREET BETWEEN NW 22ND AVENUE AND NW 24TH AVENUE AS "ELIZABETH BROTONS WAY." Upon being seconded by Commissioner Sanchez, 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 52 April 26, 2001 I1. URGE AT&TTO ! ESTABLISH POLICY OF CULTURAL DIVERSITY IN CONNECTION WITH ITS CABLE TELEVISION PROGRAMMING TO MIRROR ETEC COMPOSITION OF RAMI COMMUNITY. Commissioner Regalado: The other issue, Mr. Chairman, is a problem that we're facing with the cable service being provided by AT&T (American Telephone & Telegraph). I understand that very well that the City Commission cannot discuss or impose fees to AT&T or programming. However, we do have the power to force this company to first of all, the quality in their transmission. Second, the diversity in their programming. This has been done in Detroit, Michigan, even with an amendment by Congress, although many of the laws governing cable televisions are done by Congress. The local governments do have some power in terms of quality. We have had complaints of quality and it's because there have been a lot of digging on the streets for the digital cable. It seems that somehow whenever there is digging, there is problems with the reception; although, the cable now is air -- it's over the air and the digital, it's under ground. There is something that goes wrong there because we had many complaints. Whenever there is digging on one area, especially in the Flagami area, there is a problem with the quality. The second issue is that this Commission went out of its way and got AT&T to have a special rates for the HUD (Department of Housing and Urban Development) buildings in the City of Miami, 31 of them. What is happening is that we are having problems because some of these tenants are very old and they get phone calls and said -- and somebody says, some of these telemarketing, do you wish to see old movies or do you wish to see sports? Of course, yes, yes. And they immediately are taken off the basic and charged for the program. And then they are faced with a bill that they cannot pay next month. That is something that should be stopped. And the other thing is diversity. It seems that we do not have a programming within AT&T that mirrors the City's population by segment. For instance, we only have a few hours of Haitian television, and one Spanish language TV (Television) station could be taken off the system within the next few days. That is America TV; Channel 41, who is a cable access Spanish TV station. So, Mr. City Attorney, what powers do we have in terms of quality control, contract compliance on the HUD buildings, and diversity in programming? Alejandro Vilarello (City Attorney): I believe the -- Ms. Buza can explain to you exactly where they are on the build out of the new infrastructure for the new system. We can obviously enforce the requirements of the contract that require them to do that build out. I don't know how far along they are in that process. We are somewhat limited. I had an opportunity to review this issue because Commissioner Gort had inquired specifically about our ability to deal with station assignments or fees associated with programming; and we've been doing that research. I don't have the answer for you right now. I'm relatively sure, however, that we've been preempted from being involved with regard to that. That is, how much the cable company charges to the programs that run on the particular stations. With regard to the kind of quality of equipment, perhaps Ms. Buza can tell you exactly where they are in the process of building out the infrastructure. And with regard to HUD and other requirements, the wiring of other facilities, certainly, we have every right to enforce the contract and we have very good enforcement procedures in this agreement that we did not previously have. Commissioner Regalado: Well, but we do what we can do is to request from AT&T to have a diversity in the programming that mirrors the community. We can do that. It has been done in 53 April 26, 2001 other municipalities and even in the County. Mr. Vilarello: Commissioner, I have not been able to complete the research son that, but it seems to me that that's absolutely appropriate inquiry and request, and perhaps demand that the City Commission can place on AT&T. Vice Chairman Gort: Let me give you all suggestions because we haven't even gone to agenda get, and we have this book and another book to go through. My suggestion is, do your research. Bring all that information to... Commissioner Regalado: No, no. Willy, it's very easy. Only one issue Vice Chairman Gort: Have him come here on the 10tH Commissioner Regalado: No, no, no. But I have only one issue and it's a brief resolution because resolution because it's an ongoing thing now, and I know that we have to go on. The motion is to ask AT&T to -- request AT&T to have diversity that mirrors the community in their programming. That is the motion that I have. Vice Chairman Gort: It's a motion. Is there a second? Commissioner Teele: Second. Vice Chairman Gort: Second. Any further discussion? Commissioner Teele: What are we telling AT&T? Vice Chairman Gort: Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye" 54 April 26, 2001 The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 01-344 A MOTION URGING AT&T TO ESTABLISH A POLICY OF CULTURAL DIVERSITY IN CONNECTION WITH ITS CABLE TELEVISION PROGRAMMING TO MIRROR THE ETHNIC COMPOSITION OF THE MIAMI COMMUNITY. Direction to the City Attorney: by Vice Chairman Gort, to research the legality of having AT&T establish diversity which mirrors the community, through Spanish programming; further extending to the representatives of AT&T an invitation to be present at the next Commission meeting, presently scheduled for May 10, 2001. 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 Vice Chairman Gort: And I'd like to, at the same... Commissioner Regalado: It's about some problems with AT&T. Vice Chairman Gort: At the same time, I would like to have the research being done by Law Department to be sent a copy to each one of us, and at the same time I'd like to have the representatives of AT&T in here on the next meeting. Thank you. Vice Chairman Gort: This is the beginning of tape number three. Vice Chairman Gort: Any other item, Commissioner. Commissioner Regalado: Well, I've got to leave because I've got to go to work. I still have one. 55 April 26, 2001 Commissioner Teele: It's improper -- it's impolite to eat and run or to make motions and run. Commissioner Regalado: Well, that's true. That's true, but you've got to understand that, you know, we make a very small salary. Note for the Record: Commissioner Regalado exited the Commission Chambers at 11:47 a.m. 56 April 26, 2001 Commissioner Teele: Mr. Chairman, very quickly, if I could get the Parks Director and the Manager's attention, and -- I have three items that are all together. And they're Items "A," and `B" and "C" on the list, and they're all the same. Maybe, Mr. Rollins, you need to come forward, as the head of facilities here. The first -- Mr. Chairman and Members of the Commission, one of the challenges that we're confronted with is our use of land, open land. And everybody sees land, and they want to use it. Some of those uses are good uses, some are bad, and some, we have to decide. These -- The first item relates to the long, ongoing problem, our number one legislative priority, and that is the lack of any park in Little Haiti, any significant 10 to 20 -acre park in the entirety of Little Haiti. We don't have one Parks staff person. (INAUDIBLE COMMENT) Commissioner Teele: Huh? (INAUDIBLE COMMENT) Commissioner Teele: Not even. We don't have one Parks staff person that is employed in the Little Haiti area, as defined between Northwest 2nd Avenue and the railroad track. And unfortunately, the Morningside situation which we've gone over for three years, even the Governor's representative of the Department of Family and Children came and urged us to work to get a park in Little Haiti, because we walled off the Morningside Park. And that was not done for racial motivations or anything like that. It was done as a part of an overall plan to upgrade Morningside and to provide greater security. But nevertheless, it has the impact that the kids that used to come across Biscayne Boulevard from Little Haiti go to Morningside, that we have a unique problem and obligation. Recognizing that we don't have the dollars, and we don't have all the resources, and we have resolutions instructing the Manager to seek Parks. This is a resolution of the Commission directing the City Manager and City Attorney, through the Department of Parks to meet with the YMCA (Young Men's Christian Association) Executive Director to determine whether a management agreement with the "Y" for the youth of -- no, excuse me -- with the "Y" to develop a park in the Little Haiti area can be acquired. The "Y" currently has a Carver facility in the Little Haiti area, but actually, it's outside of that area. That facility has a strong building problem. It's over 40 years old, 50 years old, and a whole series of problems. But that is not enough land for a park. It's about four to five acres. The request is therefore for the Parks Department and the "Y" to sit down and meet. My goal would be hopefully that the "Y" could take the responsibility for theidentification and the acquisition of land, which is going to cost anywhere from one million to five million dollars ($5,000,000) is the range. And then we could take the responsibility of building buildings, and working with the Safe Neighborhood Parks Bond Program and other things. But the fact of the matter is there is very -- there are very few locations in the Little Haiti that are going to accommodate upwards of 15 acres. And I think getting the "Y" involved -- they've got a problem, because they may have to move. I don't 57 April 26, 2001 want this resolution -- that we're trying to get their property. We may wind up doing it, but it's a little too direct for what I want to say. But maybe in working with the "Y," we can create a unique partnership, maybe with the Police Department later on, and that's one of the things that I've talked to the Chief, Mr. Manager, is that we get a liaison officer that's going to work with us in Washington, D.C. There are Federal funds available out of HHS, I've determined, if the Chief requests them, that he can get priority in trying to help us build a park so -- as a crime deterrent. So my motion would be to instruct the City Manager, and City Attorney and the Parks Director to meet with the "Y" Executive Director to determine how we can develop a use agreement to allow for the "Y" to acquire parkland and a use -- mutual use agreement with the City of Miami, whether it's 30 years, 40 years, whether we own the land, they own the land, whether they own the land, we own the building. Those are the things that I think the staff ought to start talking to them about, and I would so move. Commissioner Sanchez: Second. Vice Chairman Gort: It's moved and seconded. Further discussion? All in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-345 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER, THROUGH THE DIRECTOR OF THE DEPARTMENT OF PRKS AND RECREATION, TO MEET WITH THE YMCA EXECUTIVE DIRECTOR TO DETERMINE (A) WHETHER A MANAGEMENT AGREEMENT IS POSSIBLE TO ALLOW THE YMCA TO ACQUIRE PARKLAND FOR DEVELOPMENT OF A PARK THAT WOULD ALLEVIATE OR RELIEVE THE PARK SHORTAGE IN THE LITTLE HAITI NEIGHBORHOOD; AND (B) A PLAN FOR OWNERSHIP THROUGH A MUTUAL USE AGREEMENT WITH THE YWCA USING FUNDS NOT TO EXCEED $5 MILLION FROM THE SAFE NEIGHBORHOOD BOND PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 58 April 26, 2001 Upon being seconded by Commissioner Sanchez, 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 Vice Chairman Gort: Thank you. 59 April 26, 2001 Commissioner Teele: Mr. Chairman, the other two issues relate to Overtown. This -- by memo today, I should have sent you a colleague letter that outlines the results of the deliberations in Overtown. But there were two item that's were voted on. One was overwhelming and one was substantial, and that is, to allow the City -- the City Manager -- directing the City Manager to begin the negotiations for a use agreement with St. Francis Xavier for the use of park, playground, and pool at Williams Park; and further providing that you will negotiate, Mr. Manager, not that you have to, but negotiate that St. Francis Xavier school will manage and operate the park and playground and pool at no cost or reduced cost to the City, and further directing that the City Manager will present its finding to the Commission initially within 30 days. That is very much supported by the Overtown community, two to one. It's an issue of a school that many of you all worked on long before we were here. The school was going to be closed and the archdiocese got with builders and a lot of Cuban -- prominent Cuban builders and other developers throughout the City. I think David Lawrence took the lead, Willy, and that school was retained. It's a private school. It gets no government money or support. It's not seen a charter school, to my knowledge, and they want to double the size of the academy but to do that, they're going to need more playground space. There is a playground across the street. There were a lot of concerns about who was going to be responsible for school crossing and all of that. And those would be the items that we would ask the Manager to negotiate or to look into. Mr. Manager. Commissioner Winton: Second. Commissioner Teele: So, moved and seconded. Vice Chairman Gort: It's a motion. Any further discussion? Being none... Commissioner Teele: The final item involves... Vice Chairman Gort: Wait a minute. Let me vote on it. All in favor state by saying "aye.". The Commission (Collectively): "Aye." 60 April 26, 2001 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-346 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO NEGOTIATE A USE AGREEMENT WITH THE OFFICIALS OF ST. FRANCIS XAVIER SCHOOL FOR USE OF THE PARK, PLAYGROUND AND POOL AT WILLIAMS PARK, PROVIDING THAT ST. FRANCIS XAVIER SCHOOL MANAGE AND OPERATE THE PARK, PLAYGROUND AND POOL AT NO COST TO THE CITY; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE AGREEMENT TO THE CITY COMMISSION FOR REVIEW WITHIN THIRTY DAYS. (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 61 April 26, 2001 Commissioner Teele: The final item involves the park, again, in Overtown and that is the Booker T. Washington High School. The Athletic Director, Daryl Grice, Assistant Athletic Director, Dean of Schools. Mr. Grice is here. If you would take this podium over here. This is the -- the motion in Overtown was to request that the City provide, on a rent free basis, for 30 days, starting May 1St through May 30th, the use of the Orange Bowl as a practice field. I got a direct call from the Manager. I don't think I've gotten three calls from you directly since I've been a Commissioner. You always call through one of your aides and that's always appropriate, and you've got some good aids and I'm not offended, but once you call me directly, I was offended a little bit because he's telling me not to do something. But, in any event, Mr. Manager, I took to heart your concern. I went over to the Orange Bowl. I walked the field. We have a serious problem with the condition of the field in the Orange Bowl, and your staff is passionate -- those folks over there are passionate about every foot of grass -- every foot of space, every blade of grass over there. Apparently, you all have emergency consultants or somebody coming in and the field should be ready for the University of Miami by August; however, this use, which would be a practice use, in many ways would irrigate the field. Now, the staff strongly feels that using this field five days a week in the afternoon for a month would damage the field or damage the field. In a compromise I raise with the staff whether or not we could use the parking lot to the west. The staff has agreed that that is amenable. They've got the equipment to erect everything and that the use of the field would be limit today one day a week, which would be good in terms of irrigation, and that there would be locker space. However, Mr. Grice, the staff indicate that you were scheduling your games all over the City and that they have a special program for high schools and we can't figure out why you don't want to pay us your money that's is in your budget for use of the Orange Bowl during the year, and I just wanted to question if you all would consider working with the Orange Bowl staff in relocating your games that are currently scheduled in different venues to the Orange Bowl, if it's convenient for the staff, at the full price that we give to schools, which is a tremendous discount, but we need the bodies over there and we need the people to start coming there, and I would like to know if you would give your name and address for the record, and would you consider meeting with our Orange Bowl staff and working out something, not a financial deal, but scheduling deal with them. Daryl Grice: My name is Daryl Grice, Assistant Athletic Director at Booker T. Washington Senior High School. That's 1200 Northwest 61h Avenue. Yes, Commissioner, we will be glad to meet with staff and see if we can make some type of arrangement where we can use the Orange Bowl to have our games, and also appreciate what you're doing in trying to assist us this year because we do not have a place to practice at this time due to construction. So, yes, again, we would be willing to meet with you to see what we can work out. Commissioner Teele: And essentially, what you're going to be using at the Orange Bowl will be that -- the parking lot that will be restriped and erected and the locker facilities which is no problem. But when you make out the agreement, we're not talking about a financial agreement, M but just coordinating the dates. Mr. Grice: Yes. Commissioner Teele: Mr. Manager, could you designate someone that he can meet with or establish as a point of contact? Because the staff very much wanted to see more venue, more dates over there, and they have a special program, I think, Commissioner Sanchez for high schools to use the facility when it's convenient. Commissioner Sanchez: I believe we do have a program for that, as a matter of fact. A lot of the local City schools use it to hold their games there. However, if you would yield, Commissioner Teele. Commissioner Teele: I'll be happy to. Commissioner Sanchez: I am willing to support this. This is -- apparently; you don't have a place to practice. You are in the City of Miami and we have to provide you with a place. However, I think that out of professional courtesy, I think this should have gone through the Orange Bowl Steering Committee Board. It's just an advisory board. It's not -- it doesn't have to go, but I think it would have been proper for it to go there. I'm willing to support it. I did have some concern when it was brought forth, saying that the Orange Bowl use -- as you understand, the City of Miami -- University of Miami practices one time only before the game. We do have - - we continue to have a severe problem with the field. We don't have the adequate funds to improve the Orange Bowl. That is the number one concern and argument that the Orange Bowl Steering Committee makes every time that we're constantly battling to bring in money to fix the Orange Bowl, and I do have good news. I believe the City Manager has just increased the -- some of the improvements that will be going on in the Orange Bowl. So, I am in full support of this. Commissioner Teele: Commissioner Sanchez, I take your concern to heart. It very well should have been referred to the advisory committee to come back to us for a decision. However, initially, the plan was to use Gibson Park. That's what was voted -- that's what the ballot was printed upon at the referendum, it was determined that Gibson Park was not available or didn't have locker space, sand it was amended this way on the floor, so we're doing it. This happened a week -- four days ago, so I apologize to you and the members of the committee for not referring it that way. Carlos Gimenez (City Manager): Commissioner, the liaison will be receiving this. Vice Chairman Gort: OK. There is a motion. Is there a second? Commissioner Teele: So moved, Mr. Chairman. Commissioner Winton: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "aye.". 63 The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-347 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO APPROVE THE ISSUANCE OF A USE AGREEMENT BETWEEN THE CITY OF MIAMI AND DADE COUNTY PUBLIC SCHOOLS FOR BOOKER T. WASHINGTON'S FOOTBALL TEAM TO USE THE ORANGE BOWL STADIUM WEST PARKING LOT AREA WHICH IS CURRENTLY SCHEDULED TO BE RESTRIPED, AS WELL AS THE LOCKER ROOM FACILITY, FOR A 30 -DAY PERIOD, MAY 1-30, 2001, IN CONNECTION WITH ITS SPRING PRACTICE. Direction to the City Manager: by Commissioner Teele to designate a staff person to meet with Mr. Daryl Grice, Assistant Athletic Director of Booker T. Washington for the purpose of possible scheduling of high school football games at the Orange Bowl, with the stipulation that although there is a minimum financial amount required by schools to pay, that this meeting is not for the purpose of negotiating a financial deal, but a tentative schedule of games. 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 Commissioner Teele: Thank you, Mr. Chairman. M Commissioner Teele: Mr. Chairman, did you have an item that you wanted to take up? Vice Chairman Gort: Yes, I do, if you guys don't mind and allow me to do so. Commissioner Teele: Yes, sir. You're recognized. Commissioner Sanchez: Not at all, Mr. Chair. Vice Chairman Gort: First of all, I have to announce that there are no vetoes from the Mayor's Office. Note for the Record: No vetoes from the Mayor's Office. Commissioner Winton: Sorry. It's lunchtime. Vice Chairman Gort: That's all right. We'll stay here. We'll be back by 12:30. No problem. Commissioner Teele: What is that? Commissioner Sanchez: Twelve -thirty. Vice Chairman Gort: Wait minute, guys. I do have a -- one items. 15. FIRST READING ORDINANCE: AMEND SECTION 2-884 OF CITY CODE TO ALLOW BY FOUR-FIFTHS VOTE OF COMMISSION, EMPLOYEES OF MIDI DAVt COUNTY OR ANY MUNICIPALITY OTHER THAN CITY OF MIAMI EMPLOYEES, TO SERVE ON OR BE APPOINTED TO ANY BOARD OF CITY. Vice Chairman Gort: I have one board member -- a couple of board members that serve our City well as volunteer work, but as you all recall, some time ago there was an ordinance passed by us which stated that anyone that works for any other metropolitan area or (inaudible) City could not serve on our board. I would like to place an ordinance -- and, Mr. Lawyer would you read the... Alejandro Vilarello (City Attorney): Yes. Vice Chairman Gort: And the reason being is, we have people that, although work for other municipalities, they can provide a great service. They're residents for the City of Miami and they could serve on the boards. And I would like to have an ordinance where we could wave that by four-fifths vote. 65 April 26, 2001 Commissioner Teele: Moved by Commissioner Gort to instruct the attorney to draft the ordinance or is the ordinance here? Vice Chairman Gort: It is drafted. Commissioner Teele: The ordinance. You want to read the ordinance into the record, Mr. Attorney? Mr. Vilarello: Yes. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 2-884, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW BY A FOUR-FIFTHS (4/5 THS) VOTE OF THE CITY COMMISSION, EMPLOYEES OF MIAMI-DADE COUNTY, FLORIDA OR ANY MUNICIPALITY, OTHER THAN THE CITY OF MIAMI EMPLOYEES, TO SERVE ON OR BE APPOINTED TO ANY BOARD OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Gort, seconded by Commissioner Winton, and was passed on first reading, by title only, 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 read, by title, into the public record by the City Attorney. Commissioner Teele: All right. And moved by Commissioner Gort, seconded by Commissioner Winton. Read it. Commissioner Sanchez: Discussion. 66 April 26, 2001 Commissioner Teele: For a first reading. For first reading. Commissioner Sanchez. Commissioner Sanchez: I am a little concerned about that, and one is, you know, does the County, in any way, allow any City employees to sit on their boards? I'm just -- just a thought. Vice Chairman Gort: I don't know. Unidentified Speaker: Yes. Commissioner Sanchez: Do they? Unidentified Speaker: (Inaudible) to the PIC. Commissioner Sanchez: To the PIC? But you're not a City employee. You're not a City employee. You're a resident of the City. Commissioner Teele: This relates to City employees. Commissioner Sanchez: It's City employees, and that's a concern that I have. See, one of the things that... Commissioner Teele: In fact, that's a -- would you yield on that? Why don't we hire this guy for a dollar a year and then he can say and do any of the things he's doing, and make him a City... Commissioner Winton: Second the motion. Commissioner Sanchez: It's a concern that I have. As it is right now, the boards that we have created -- and, in many ways, we're constantly waiving residency, and basically, what you're doing, we're basically bringing in people that don't live in the City to determine the future faith of the City, an it's an ongoing problem. Ongoing problem. Now, we're going to extend it where, not only is it going to be an outside resident, but somebody who is employed by the County, not to say -- I'm sure the County has excellent people that are committed to the City, but, you know, once again, I think we have to focus on residents. Just like we always hear, you hear the arguments made forth, you know, not only just local (inaudible) make sure they're residents. If they're going to procurement, let them be local. Let's give local preferences. Let's give precedence to local residents. Now, we have outside residents and these are going to be employees from other municipalities that are going to -- you know, I -- it's hard for me to swallow it. Vice Chairman Gort: Commissioner Sanchez, for your information, this -- if you recall, these are 67 April 26, 2001 individuals that have been serving on the board for a long time. He is a resident within the City of Miami. Pay taxes within the City of Miami, and what I'm asking this ordinance to be waved by four-fifths of the votes with the Commissioners here. If you don't agree with the -- and then, if he's not a resident, he would have to require two waivers and that's a different ball game. Then, when ever we have two waivers, that's different. But I think we have a lot of expertise out there that we can use and they're willing to give volunteer time, and if I can do that, I'll bring them. And if I have residents that are willing to come in and do their job, volunteer, dedicate themselves to ourselves; I don't have any problem with it. Commissioner Sanchez: Commissioner Vice Chairman Gort: A lot of times we've been able to solve a lot of our problems with nonresidents. Commissioner Sanchez: Mr. Chairman, this is first reading. That's just an argument, a concern that I have. We're willing to pass it and bring it back for second reading. Commissioner Teele: On first reading, Commissioner Gort, I will support it. I would ask you to respectfully to consider that the waiver for Dade County and other City employees, not be provided that they are a resident of the City of Miami. I would not want to wave it for somebody who lives in Opa Locka, let's say ... Vice Chairman Gort: I'll amend it -- we'll amend it to that. Resident of the City of Miami. Commissioner Teele: But provided that person shall be a resident of the City of Miami. Vice Chairman Gort: Yeah. Yeah. Commissioner Sanchez: It's a friendly amendment -- it's a friendly amendment (inaudible) like to place. Vice Chairman Gort: Yes, I'll accept it. Commissioner Sanchez: OK. Does the seconder of the motion accept it? Commissioner Winton: Yes. Commissioner Teele: Moved, as amended. Mr. Clerk, call the roll, as amended. Commissioner Sanchez: As amended, yes. 68 April 26, 2001 16. AMEND RESOLUTION NO. 01-118 TO CORRECT SCRIVENER'S ERROR BY RENAMING SPOIL ISLAND NO. 1, LOCATED IN BISCAYNE BAY EAST OF MARGARET PACE PARK., AS CLAUDE PEPPER ISLAND, INSTEAD OF SPOIL ISLAND NO. 3 AS INCORRECTLY STATED. Commissioner Teele: Commissioner Gort. Vice Chairman Gort: I have the second is a resolution that was passed, the number 01-118, which was passed on the February the 8t". The Commission meeting. It's the resolution should state that the Spoil Island 1, east of Margaret Pace Park be renamed as Claude pepper, instead of the Spoil Island No. 3. Commissioner Sanchez: So moved. Commissioner Teele: Moved by Commissioner Gort. Seconded by Commissioner -- Commissioner Winton: Second. Winton. Commissioner Teele: -- Winton and Sanchez. What about Mildred? You're going to leave Mildred out? Vice Chairman Gort: No, Mildred is in it, too. Commissioner Teele: It is Claude and Mildred? Vice Chairman Gort: I don't recall the original. I think it was just the -- when it was the... Commissioner Teele: Is it Claude or Claude and Mildred Pepper? Albert Ruder (Director, Parks and Recreation): Albert Ruder. I believe it was Claude, but I'll be happy to check it out. I think those were the directions of the Commission. Commissioner Teele: All right. On the record, all those in favor say "aye." The Commission (Collectively): "Aye." Commissioner Teele: All opposed. And may God continue to bless Claude and Mildred. They're together, so no harm done. 69 April 26, 2001 The following resolution was introduced by Vice Chairman Gort, who moved its adoption: RESOLUTION NO. 01-348 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 01-118 TO CORRECT A SCRIVENER'S ERROR BY RENAMING SPOIL ISLAND NO. 1, LOCATED IN BISCAYNE BAY EAST OF MARGARET PACE PARK, MIAMI, FLORIDA, AS CLAUDE PEPPER ISLAND, INSTEAD OF SPOIL ISLAND NO. 3 AS INCORRECTLY STATED THEREIN; DIRECTING THE CITY MANAGER TO TAKE THE STEPS NECESSARY TO IDENTIFY THE ISLAND AND NOTIFY THE APPROPRIATE GOVERNMENTAL AGENCIES REGARDING SAID CORRECTION. (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 Vice Chairman Gort: OK. I guess, with this book and the other book that we have, we should be back at 12:30 at the -- what time? Commissioner Sanchez: Twelve -thirty is fine. Vice Chairman Gort: Two o'clock. Commissioner Teele: Commissioner Winton -- Commissioner Gort, I would respectfully request you do it at three. I have MPO (Metropolitan Planning Organization) meeting today at two and there's one item that I need to be there for. Vice Chairman Gort: All right, 3:00. Commissioner Teele: Thank you. Commissioner Winton: Great. Because he's got an MPO meeting. 70 April 26, 2001 THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:07 P.M. AND RECONVENED AT 3:20 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPT COMMISSIONER GORT AND COMMISSIONER TEELE, FOUND TO BE PRESENT. 71 April 26, 2001 17. ESTABLISH 90 -DAY MORATORIUM FOR OBTAINING RESIDENTIAL PERMITS ASSOCIATED WITH HOME AND BUSINESS IMPROVEMENTS, AS OUTLINED IN FEE SCHEDULE CONTAINED IN ORDINANCE NO. 12030. Commissioner Sanchez: Which item did we leave off? Carlos Gimenez (City Manager): Commissioner Regalado had one more item on his list (inaudible) that he didn't (inaudible). Commissioner Sanchez: I don't believe so. Commissioner Regalado: Yes, I did. Commissioner Sanchez: You did? You have -- OK, Commissioner. Commissioner Regalado, you have the floor on your Commissioner's items. Commissioner Regalado: OK. The last item is proposal for a 90 -day moratorium on the cost of permits to paint houses and businesses, commencing June the 1st of this year. And the reason for this is the following: To paint a house, you need to pay twenty-five dollars ($25), but the thing is that you have to fill such a long permit application, and if the work goes over, I think, five hundred dollars ($500)... Commissioner Sanchez: Five hundred dollars. Commissioner Regalado: -- then you have to pay more. The reason I'm proposing this is two fold. Number one, we can approve an incentive for the people of Miami to paint their houses during the summer, without that much complication. And number two; young people can be hired during the summer to paint those houses by the homeowner, business people to do the painting. My proposal is not to charge that fee from June to August, and have the applications at the NET (Neighborhood Enhancement Team) office so the people won't have to go to MRC (Miami Riverside Center) Building and get a traffic ticket when they park across the street, which they do. So, I think that this has two components. If the Commission wishes to do this and the administration approve, I think it will be an incentive to the people to make Miami a little better in terms of facade. But, also, we need to the component of information. The NET and the media should be informed, and I think that this will be sort of a pretty nice short story that anybody would publish, anybody would air, because it gives an incentive to the people during the summer, and, frankly, it's recommended that the people do this during the summer, and maybe twenty-five dollars ($25) is not much, but it's a symbolical thing of the City, telling the residents, OK, you know, we're going to bypass all the process and all the red tape and we're going to let you paint your house. Commissioner Winton: I thought that we decided at the last Commission meeting or whenever we had this discussion before, that a permit wasn't required for painting your house, if the cost was below five hundred dollars ($500). 72 April 26, 2001 Commissioner Regalado: It's required. Commissioner Winton: If the cost was below five hundred dollars ($500). Commissioner Regalado: No, it's required. Commissioner Winton: Well, that's not what... Commissioner Regalado: If it's more than five hundred dollars ($500), then you have to pay 10 more dollars for each hundred dollars; is that... Commissioner Winton: Well, that's not what I'm talking about. Hector Lima (Director, Building Department): No, no. Hector Lima, Director of the Building Department. Last Commission meeting we emphasized that residential permits, the way the NET Office is coordinating the amount, most of the homes will not have to get a permit. That's number one. Commissioner Winton: Period, no permit required, Commissioner Regalado. Mr. Lima: Right. And then number two, we figure like a 1200 square foot house would not require a permit, if it was painted by a homeowner. Now, also what we did was reduced those that did catch the threshold. We reduced it by eliminating application fees and other fees that were included, like Solid Waste and that brought the permit down to about 33 bucks. Commissioner Regalado: And why last week -- no, two weeks ago -- and this is why I have this on the agenda -- somebody called the NET Office and was told, if you want to paint the house, you've got to get a permit. It cost you 20 bucks. Mr. Lima: Well, Dennis Wheeler and myself, we met last week and that's what we set the guidelines. Now, this change on the fee schedule will take place 30 days after it was approved. So, it's coming up -- and this is what's going to be happening. Commissioner Winton: Well, plus it sounds, Commissioner Regalado, like -- sounds to me like some of the staff just aren't up to speed in terms of what the commitment was in terms of no permits that we agreed to last time. Mr. Gimenez: Commissioner, we -- if somebody called today, you would still be under the old (inaudible) it takes 30 days for that to go into effect. Commissioner Regalado: So, it's Mr. Gimenez: That's why, today, there is a certain -- you know, when do the 30 days come up? So, the couple of days, the new regulations take place. Commissioner Regalado: So, it kicks in, like now? Next week. 73 April 26, 2001 Mr. Lima: Next week, yes. Definitely next week. They'll be 30 days from the Commission approve, that's correct. Commissioner Regalado: OK. So, it's done already. Now, the second part is... Commissioner Winton: And that's not a moratorium. That's not 90 days. That's... Commissioner Regalado: Well, that's great. But the second question is, how are the people going to know? Commissioner Sanchez: Well, you could put that on Channel 9. Mr. Gimenez: Well, we can put that out on Net 9. We can also certainly try to get some press time on that and we will put the information on the NET Offices so that when people called, they'll know what the right information is. Commissioner Regalado: And I can tell you what else you can do. You can go to the places where they sell paint, like Home Depot, Sears and all these places and ask them if you can place some kind of information -- attention City of Miami residents: You don't need now a permit to paint your house. For them, it's good because the people will buy more paint. Mr. Gimenez: We have to put something on the record so that the people watching understand that there are some homes that do not need a permit, but this is a threshold on the square footage of the house that, due to the South Florida building Code, they would still need a permit. So, you know, Hector, could you please let them know what that is so nobody is misinformed? Mr. Lima: Correct. The threshold in the South Florida Building Code is five hundred dollars ($500) labor and material. We figure that a house, 1200 square feet, painted by an owner, the total amount that he will be spending is approximately two hundred and ninety dollars ($290). Therefore, he would not need a permit, and he could paint his house. That's the information that the NET inspectors will be passing out throughout the City. Now, you start contracting with people and you start spending more money in the cleaning and the pressure cleaning and so forth, the threshold might get to the five hundred and then they will have to pay for a permit and then the permit fee will be approximately thirty-three dollars ($33). Commissioner Regalado: Yeah. But I'm talking about people that want to do this by themselves. Mr. Lima: That will be zero. That will be zero. Mr. Gimenez: Commissioner, I still say that it's a good idea to have a moratorium, no matter what (inaudible) that we would waive those fees, and make it, you know, a three month period of time or -- we would waive the fees. Now, if you have to get a permit, that's something else. But we could still waive whatever fees are needed because, then, it would -- I think it would send a good message that we want to maintain (inaudible) of the City. 74 April 26, 2001 Commissioner Regalado: That's what I think, and that's what the purpose of.. Commissioner Sanchez: All right. Is there a motion for a 90 -day moratorium on the cost of permits to paint houses and businesses commercial? Commissioner Regalado: Move it. Commissioner Sanchez: There is a motion. Commissioner Winton: Wait, wait, wait. You've got to be careful. Business and commercial. I think this is about houses, not commercial property. Commissioner Regalado: No, this is about houses. Although, I think it's written wrong here. It's about houses. Commissioner Winton: And it's probably about single-family houses. Commissioner Regalado: How about duplex? Commissioner Sanchez: OK. Commissioner Winton: You know, because then you start -- you know, if it's a duplex, it's bigger; it's an investment, they can pay for their own house. Commissioner Sanchez: You are the maker of the motion, Commissioner Regalado. Commissioner Regalado: Come on, Johnny. Commissioner Winton: It's poor people who -- that we're really encouraging to get their houses painted; that have small houses; that can't afford this stuff: That can't afford to do it -- if you've got to wherewithal to make an investment, you've got to where wit that to paint your house. Commissioner Regalado: OK. They can paint half of the duplex, then. Commissioner Sanchez: So, is it -- would you accept single houses? Commissioner Regalado: Single family houses. Commissioner Sanchez: Single family. OK. The motion. Is there a second? Alejandro Vilarello (City Attorney): Commissioner, before you second the motion, I just like to address one issue. One, I'd like to suggest that you change the word "moratorium" to "suspend" or waive the costs of the permit. The permit is required by the South Florida Building Code once you meet the particular threshold, and, of course, individuals who meet that threshold will have to get the permit. The City Commission certainly can waive the costs of that permit, and -- but 75 April 26, 2001 not the permit. Commissioner Regalado: But not the permit. Mr. Vilarello: But not the permit. Commissioner Regalado: OK. Commissioner Sanchez: Commissioner Regalado, would you amend it to say... Commissioner Regalado: It's amended. Yes. It's amend. Commissioner Sanchez: -- to suspend or waive the cost of permits to paint single-family homes? Commissioner Regalado: Amend it as -- amend it as City Attorney... Commissioner Winton: Second. Commissioner Sanchez: The maker of the motion accepts it. The second also accept. Still open for discussion. Hearing none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Commissioner Sanchez: Anyone oppose, having the same rights, say "nay." Passes unanimously. 76 April 26, 2001 The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 01-349 A MOTION ESTABLISHING A 90 -DAY MORATORIUM FOR OBTAINING RESIDENTIAL PERMITS ASSOCIATED WITH HOME AND BUSINESS IMPROVEMENTS, AS MORE FULLY OUTLINED IN THE FEE SCHEDULE CONTAINED IN ORDINANCE NO. 12030, PASSED AND ADOPTED ON MARCH 8, 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 Johnny L. Winton NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort 77 April 26, 2001 Commissioner Sanchez: Moving on. At this time we will recess the regular Commission meeting and open up the PZ items. Note for the Record: At this point, the City Commission closes consideration of regular portion of the agenda to consider items from the Planning and Zoning portion of the agenda. Commissioner Sanchez: First item is PZ -1, which I believe the Mayor wanted to be present and also Commissioner Teele wanted to be present. So, we'll go ahead and wait until their arrival. Commissioner Teele is on his way back, I believe, from the MPO (Metropolitan Planning Organization) over at the County. So, we'll go on to PZ Item Number 2, if it's the wish of the Commission? Oh, it's PZ item time certain at three o'clock, so we're going to go on to PZ item, then we'll come back to the regular agenda. PZ item 2. Commissioner Winton: Which one are we on? Commissioner Sanchez: PZ item 2. We could just give the administration an opportunity to set UP. Commissioner Winton: Move PZ -2. Commissioner Regalado: Second. Commissioner Sanchez: Excuse me. Just a minute. OK. Anyone wishing to speak on any of the PZ items, please stand up to be sworn in. Mr. City Clerk, could you swear them in, please? AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED UNDER CITY CODE SECTION 62-1 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Joel E. Maxwell (Assistant City Attorney): Mr. Chairman, on PZ -2, an item is being distributed. Thank you, sir. There is an item being distributed to you now, which represents a modification to the resolution for PZ -2 that was in your packet. We simply ask that this resolution be the item for the record that is before you for consideration. It does not materially differ from the one that was in your packet, but it is the one that should be considered by you today. Commissioner Sanchez: OK. There's a resolution that has been amended. There is a motion by Commissioner Winton to approve. Is there a second? 78 April 26, 2001 Commissioner Regalado: Second. Commissioner Sanchez: There's a second by Commissioner Regalado. Commissioner Regalado: Second by me. Commissioner Sanchez: Open for discussion. Lourdes Slazyk (Assistant Director, Planning and Zoning): This is a request to rescind a Major Use Special Permit. Commissioner Sanchez: Could you state your name for the record, please? Ms. Slazyk: For the record, Lourdes Slazyk, Department of Planning and Zoning. This is a request -- it's a resolution at the permittee 's request to rescind Resolution 01-81 of the City Commission. Passed on January 25`", 2001 for Phase 1 of the One Miami Project. It does not rescind the development program that was approved by Commission Resolution 98-151. It just rescinds phase one, which was approved by Resolution 01-81. Commissioner Sanchez: OK. Anyone in opposition or for, would you like to say anything? Lucia Dougherty: I don't need to. Commissioner Sanchez: OK. I know you don't. OK. There is a motion to rescind, is that correct, and a second. Open for discussion. Hearing none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Commissioner Sanchez: All anyone opposes, having the same right, say nay. Passes unanimously. Ms. Dougherty: Thank you. Commissioner Sanchez: You're welcome. 79 April 26, 2001 The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-350 A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENTS, RESCINDING IN ITS ENTIRETY, AT THE PERMITTEE'S REQUEST, RESOLUTION NO. 01-81, ADOPTED JANUARY 25, 2001, WHICH APPROVED A MAJOR USE SPECIAL PERMIT FOR THE "ONE MIAMI — PHASE I PROJECT", TO BE LOCATED AT APPROXIMATELY 205 SOUTH BISCAYNE BOULEVARD, AS A SUBSTANTIAL MODIFICATION TO THE MAJOR USE SPECIAL PERMIT APPROVED BY RESOLUTION NO. 98-1151 FOR THE ENTIRE ONE MIAMI DEVELOPMENT PROGRAM; FURTHER RESCINDING ALL RIGHTS GRANTED UNDER RESOLUTION 01-81; AND THEREBY REVERTING TO THE DEVELOPMENT APPROVAL STATUS IN PLACE PRIOR TO THE APPROVAL OF RESOLUTION NO. 01-81; ACCEPTING A HOLD HARMLESS AGREEMENT, IN FAVOR OF THE CITY OF MIAMI; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; AND PROVIDING FOR BINDING EFFECT. (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 NAYS: None ABSENT: Vice Chairman Wifredo Gort Commissioner Arthur E. Teele, Jr. 80 April 26, 2001 Commissioner Sanchez: Moving on to PZ -3, PZ -3, Mr. City Attorney. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -3 is a request to approve a substantial modification to Major Use Special Permit for Espirito Santo project. Located at approximately 1395 Brickell Avenue. This is in order to eliminate approximately 171, 848 square feet of office use, to be replaced with 203 hotel rooms. The overall effect of this is a reduction in the project in the traffic impact. I need to make two quick corrections for the record. This did affect the parking counts, so it will not be 1,028 parking spaces, but rather 956, and that should be corrected for the record, and also to clarify on Page 3 of the legislation, that this adds the customary accessory hotel uses, such as hotel lobby, restaurant, ball room and the other hotel spaces, common hotel spaces. With those changes, we recommend approval. The conversion from office to hotel is something that will benefit the downtown district. It's the inclusion of more hotel rooms in downtown that will make Miami more attractive for conferences and conventions and things. So, we think this is a positive change, and there's the rendering of the buildings. Commissioner Winton: And brings more jobs. Ms. Slazyk: Yes. Commissioner Sanchez: Is there any one in opposition? Hearing none... Commissioner Regalado: Can you make it thinner and taller? Commissioner Sanchez: Applicant? Ms. Lucia Dougherty: It's very thin and very tall. Commissioner Sanchez: Is that it? Ms. Dougherty: That's it. Commissioner Winton: See, at least somebody listens. Commissioner Sanchez: Somebody listens. Ms. Slazyk: There is one... Commissioner Winton: So moved. Ms. Slazyk: There is one additional condition. I'm not sure if this one had it specifically, that 81 April 26, 2001 we get a decorative construction fence. Back at the time this was approved, we weren't making that a standard condition. We want to make sure that while it is under construction, there is an attractive fence for the construction period. Commissioner Sanchez: There is a motion to approve, with conditions, by Commissioner Winton. Is there a second? Commissioner Regalado: Second. Commissioner Sanchez: Second by Commissioner Regalado. It's open for discussion. Commissioner Regalado. Commissioner Regalado: Yes. Commissioner Regalado: There was a fence and there was an art exhibition that they did, I think, several weeks ago. Ms. Dougherty: That was ours, yes. Commissioner Regalado: And that was very beautiful. I saw it. Ms. Slazyk: We want to continue that. Ms. Dougherty: We have no objection to that. Lucia Dougherty, with offices at 12121 Brickell. Here today with Bill Ross and also Jack Plunket, who are the principals and the consultants, and we have no objection to that condition. Commissioner Regalado: No. I mean, I just want to congratulate you because before we asked, you did it. Ms. Dougherty: Correct. Commissioner Regalado: OK. Commissioner Winton: So, I'm moving approval of staffs recommendation, with amendments. Commissioner Regalado: I'm seconding. Commissioner Sanchez: OK. There's a motion to second. All in favor state by saying "aye." The Commission (Collectively): "Aye." Commissioner Sanchez: Anyone against, having the same right, say "nay." Passes unanimously. 82 April 26, 2001 The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-351 A RESOLUTION OF THE CITY OF MIAMI COMMISSION, PURSUANT TO ARTICLES 17 AND 22 OF ZONING ORDINANCE NO. I1000,WITH ATTACHMENTS, APPROVING CONDITIONS, A MODIFICATION TO THE MAJOR USE SPECIAL PERMIT FOR THE ESPIRITO SANTO PLAZA PROJECT, TO BE LOCATED AT APPROXIMATELY 1395 BRICKELL AVENUE, MIAMI, FLORIDA; APPROVED BY THE CITY COMMISSION ON JUNE 2, 1999, PURSUANT TO RESOLUTION NO. 99-467, TO MODIFY SAID DEVELOPMENT ORDER BY DECREASING THE AMOUNT OF OFFICE SQUARE FOOTAGE BY APPROXIAMATELY 171,848, REDUCING THE NUMBER OF RESIDENTIAL UNITS FROM 144 RESIDENTIAL UNITS TO 119 RESIDENTIAL UNITS (A DECREASE OF 25 UNITS), AND ADDING 203 HOTEL ROOMS, RETAINING ACCESSORY RETAIL AND RECREATIONAL SPACE AND APPORXIMATELY 996 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 Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort 83 April 26, 2001 20. TABLE: CONSWERATION OF APPROVING, MAJOR USE SPECIAL PERMIT FOR CHILDREN'S MUSEUM PROJECT. Commissioner Sanchez: PZ item 4 is a Major Use Special Permit for the Children's Museum project. Commissioner Regalado: I think we should wait for a full board. I mean, we need -- is Willy coming back and Commissioner Teele? I think this is so important thing, we should just... Commissioner Sanchez: All right. As Chairman, we'll go ahead and pass this one until we have a full Commission board. 84 April 26, 2001 21. APPROVE OFFICIAL VACATION AND CLOSURE OF PORTION OF ALLEY BETWEEN BRICKEL.L AVENUE AND SE 1 ST AVENUE BETWEEN SE 10TH STREET AND SE 13TH STREET (Appllcant(s): 1060 'Brickell Partners, LLC, Contract Purchaser, Horacio Toro, Owner and Republic of Santo Domingo, Owner), Commissioner Sanchez: Moving on to PZ -5. It's a resolution official vacation enclosure of a portion of an alley. City? Public Works? State your name for the record. Mr. John Jackson (Acting Director, Public Works): John Jackson, Director of Public Works. We've got all the they've met all the provisions of the subdivision for this closure. Commissioner Sanchez: And this was recommended by the Zoning Board, 6-2. Anyone in opposition? Hearing none, Commissioners. Commissioner Winton: I will move for discussion purposes because I have some questions. Commissioner Sanchez: There is a motion by Commissioner Winton. We need a second for the purpose of discussion. Commissioner Regalado: Second. Commissioner Sanchez: Second by Regalado. Open for discussion. Commissioner Winton, you have the floor. Commissioner Winton: The question I have is, I want to try to understand why we would do this before we see what the project is, and what it's impact will be on neighborhood. As an example, when we were dealing with this same issue down by 15th Road, were we had to close an alleyway -- I forget who the developer was, but there were going to be three major towers right there on the corner of 15th Road and Brickell, which was going to be a big mess. Well, if we didn't close the alley, they couldn't build the project that way. And, so, there was a substantial modification to the entire project, which I think benefited both the developer and the community immensely and I think everybody moved along happily. I don't know what this project is, so I don't know if we're going to get ourselves into the same -- we're going to give up a tool that we have to -- and we're going to give this tool up without knowing what we're giving it up for, and, so, I'm nervous about giving it up at this stage without knowing what the project is and what it's impact may be on the neighborhood. So ... Lourdes Slazyk (Assistant Director, Planning and Zoning): The project -- this was -- this project was approved by the Commission. This was a major use special permit for 1060 Brickell. Commissioner Winton: Oh, OK. I remember that now. I remember. Thank you. Thank you. Commissioner Sanchez: There is a motion and a second. Still open for discussion. Hearing none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 85 April 26, 2001 Commissioner Sanchez: Anyone opposing, having same rights, say "nay." Passes unanimously. The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-352 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY PARALLEL AND BETWEEN BRICKELL AVENUE AND SOUTHEAST IST AVENUE, BETWEEN SOUTHEAST 10TH STREET AND SOUTHEAST 13TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." (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 NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Ms. Dougherty: Thank you. 86 April 26, 2001 Commissioner Sanchez: OK. Commissioner Willy Gort has stated that PZ -10 -- please remind me -- he wants to be here for it. Moving on to PZ -6. It is an official vacation closure of streets in san alley also. It has been recommended by the Zoning Board, 9-0 and it -- other than that, has no other approval. Mr. Public Works. Commissioner Regalado: I have a question. Commissioner Sanchez: Commissioner Regalado, you have the floor. Commissioner Regalado: Why is the County applying for -- is this County property? John Jackson (Acting Director, Public Works): Yes, it is, Commissioner. It is. Commissioner Regalado: Which is where? Mr. Jackson: It is a portion of the Douglas Station project. Commissioner Regalado: That's the Metrorail? Mr. Jackson: Pardon? Commissioner Regalado: That's the Metrorail? Mr. Jackson: Yes, by the Metrorail. The new high-rise for the County water department. Commissioner Winton: Well, it seems to me that we have complained -- every time a project has come before us, it's been at one of these Metrorail sites within the City of Miami. We've had a complaint about what the project was doing and we had zero control over forcing any changes to the project because we gave away all of those rights a long time ago when Metrorail was built. Well, they're asking for something different in this particular instance, it seems to me, and, so, I don't think we should give up anything here unless we're satisfied with the project, its design characteristics, you know, ingress and egress, all of those kind of things that are important to our City and our neighborhoods. So, I don't know if we've reviewed all of that and are satisfied or not. 87 April 26, 2001 Ms. Slazyk: Yes, we did. Again, this -- the Douglas SADD (Station Area Design and Development) project, which was the WASA (Water and Sewage Authority), administrative offices for WASA. We actually found this one to be appropriate for this site because it's going to have employees; public usership and they're right at a Metrorail station. So, this one we recommended approval and the City Commission did adopt... Commissioner Winton: Well, I remember adopting, but I didn't know this was going to come back before us because when we adopted, again, the statement was we had zero real rights, you know, they get to do what they want to do. So, it just kind of sails through. It turns out now we have some rights here. So, if I'm simply saying, if there is design characteristics that aren't in keeping with what we're trying to create in our neighborhoods, now is the time to get it done before we pass this, not -- this is our last chance to get that kind of stuff done. We don't get another bite at this apple. Ms. Slazyk: Yeah, we'll look at the planning. And if I recall correctly -- because I didn't bring it with me -- the only condition that we recommended above and beyond -- we were OK with the building, the design, the orientation. There was landscape issues. The County wasn't complying with the City's landscape requirements for having landscape islands every "X" amount of spaces. You know in order to keep the surface parking shaded and that sort of thing. That was the only condition that we recommended on this project when it first came through. Commissioner Sanchez: Any other questions? Commissioner Winton: And then did we get that? Ms. Slazyk: They don't come to us for permits, so I don't know if it's going to end up being more landscaped. Commissioner Winton: Well, then, it seems to me that we ought to pass this on the condition that we're not -- or defer it until -- we've got two choices. We could defer this thing and get them to the table and get them to sign off on something before hand or we pass it conditionally, and I don't know which of those two gives us the most power, Mr. Attorney. Joel E. Maxwell (Assistant City Attorney): Deferral does, sir. Commissioner Winton: Deferral does? Then my motion is to defer this item with the... Commissioner Sanchez: There is a motion for deferral by Commissioner Winton. Is there a second? Commissioner Regalado: Second. Commissioner Winton: With the instruction to staff to go back to the County... Commissioner Sanchez: Second by Regalado. Open for discussion. . 88 April 26, 2001 Commissioner Winton: With the instruction for staff to go back to the County to negotiate an appropriate landscaping plan that's in keeping with the quality of environment that we're trying to create in our neighborhoods. Commissioner Sanchez: OK. There is a motion to defer. There's a first and a second. All in favor state by saying "aye." Unidentified Speaker: Date certain. May 24`h Commissioner Winton: Fine. Commissioner Sanchez: Doesn't it automatically go to the next Commission meeting? No? Mr. Maxwell: No. It... Commissioner Sanchez: It automatic -- deferral it automatically goes. Mr. Maxwell: Actually, you're continuing this until May 241" Commissioner Sanchez: OK. All in favor say aye. Excuse me. Gloria Velazquez: Mr. Chairman, Gloria Velazquez, on behalf of the applicant, Miami Dade County. Just wanted to let the board know that this was passed last year. This was approved by your board. The only thing that we're asking for today is your approval to move 20 feet over. And I'll show you now -- I'm going to lose the microphone, but I'm going to show you where in the map, and we -- at the time that we submit for a final plat, we have to submit landscaping plans, and we will do that. Let me show you in the map where the 20 feet are designated. Commissioner Sanchez: Just for the record, deferral does deferral has a first and a second, but go ahead. It's open for discussion. Ms. Velazquez: This is all we're asking for at this time. Because we had to meet certain design criteria standards. We needed to move it over. This is to unify a plat. These are two plats, and in an effort to make that happen, we just had to move this previous plat that was approved last year 20 feet over. Commissioner Winton: I understand that piece. You said something earlier though that got my attention, and that was that there is a requirement that the landscaping plan be approved by the City, which City said that wasn't the case. So, we need to get that clear clearly... Ms. Velazquez: Let me clarify that with our expert. Commissioner Winton: Thank you. Jose Milan: Hi. I'm Jose Milan with Ford Armenteros & Mauncy we are the land surveyors for the project and as part of the condition for submittal of the final plat, we have to submit an 89 April 26, 2001 updated tree survey and a landscape plan to the City as part of our submittal package. Commissioner Winton: City staff. Commissioner Sanchez: Could you state your name and your address? Milan: Jose Milan with Ford Armenteros & Mauncy 1950 Northwest 94th Avenue. Ms. Slazyk: Is this condition on their plan (inaudible) landscape plan? Commissioner Winton: They said landscape plan. John Jackson (Acting Director, Public Works): We approved the condition of the plat as far as any improvements. We have the right to require any improvements when a plat comes before us, but I'm not sure -- I don't believe they issue a building permit. Commissioner Winton: Let me ask y'all this question. Is there a problem created, from a time standpoint, if we delay this for a month; is that what you're saying? I mean, is there a problem? Henry Marks: Thank you, Commissioner. My name is Henry Marks, 201 Alhambra Circle. I am the project Manager on behalf of Rouse Coral Gables, who is acting as County staff on this project. And we came here last year, both plating and to get these right-of-ways vacated and you'll see the next item is also part of this, and the two requests together vacate all of the right- of-way on the station. That was granted a year ago. Then what happened is, we had to move the boundary of the plat 20 feet so that all we're -- we had to reconfigure, but we're asking for the same thing that was granted a year ago. Commissioner Winton: That's what I asked you. Mr. Marks: OK. Commissioner Winton: I understand that already. That's been said three times now. Mr. Marks: The building is well under -- the building is under construction; it's topped out; the garage is topped out; we're expecting occupancy in September, and the certificate of occupancy we need would require the recorded plat, so anything that would put that in danger would be a significant problem. Commissioner Winton: Then I would be willing to amend my motion because I think we still have some leverage here. We want the landscaping plan that's in keeping with what we're trying to do in the City today, not the old days. So... Commissioner Sanchez: Commissioner Winton, there is a motion to defer. You, the maker of the motion, could retrack. Commissioner Winton: Right. Yeah, without... 90 April 26, 2001 Commissioner Sanchez: (Inaudible) the maker of the motion to defer. It's up to you. Commissioner Winton: Well, but I could modify my motion. Can I modify my motion? Note for the Record: Commissioner Teele entered the Commission Chambers at 3:44 p.m. Commissioner Sanchez: The motion on -- the motion on the table right now is to defer. Commissioner Winton: Or do I have to -- we haven't voted on the motion, right? Mr. Walter Foeman (City Clerk): Yes, we have. Commissioner Teele: No. The motion is to continue. The motion -- this is zoning. Commissioner Winton: Right. So I could change my motion. Can I change my motion or do I have to withdraw it? Withdraw? Mr. Maxwell: Withdraw it. Withdraw it. The maker -- the second -- withdraw the second as well. Commissioner Winton: OK. Then -- so, I would withdraw my current motion to defer. Commissioner Sanchez: Motion dies. OK. What is your motion now? Commissioner Winton: The new motion is to pass this recommendation, subject to the County presenting an acceptable landscaping plan to City staff, period. Commissioner Sanchez: There's a motion. There's a motion with conditions. Is there a second? Commissioner Regalado: Second. Commissioner Sanchez: Second by Commissioner Regalado. Open for discussion. Hearing none, all in favor say "aye." The Commission (Collectively): "Aye." Commissioner Sanchez: Anyone oppose, having the same rights, say "nay." Passes unanimously. Thank you. 91 April 26, 2001 The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-354 A MOTION TO RECONSIDER VOTE PREVIOUSLY TAKEN ON AGENDA ITEM PZ -6 (PROPOSED OFFICIAL VACATION AND CLOSURE OF STREETS AND AN ALLEY LOCATED AT APPROXIMATELY A PORTION OF SHIPPING AVENUE BETWEEN SW 37TH COURT AND SW 38TH AVENUE, A PORTION OF SW 37TH COURT BETWEEN SHIPPING AVENUE AND PEACOCK AVENUE AND AN ALLEY PARALLEL AND BETWEEN PEACOCK AVENUE AND SHIPPING AVENUE FROM SW 37TH COURT TO SW 38TH AVENUE). Note: PZ -6 was passed and adopted as Resolution No. 01-354.1 Upon being seconded by Commissioner Regalado, 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 NAYS: None ABSENT: Vice Chairman Wifredo Gort 92 April 26, 2001 r COAS Commissioner Sanchez: Moving on to PZ -7 John Jackson (Acting Director, Public Works): Seven is a companion. It's the same... Commissioner Winton: Apparently, it's the same thing, so... Gloria Velazquez: It's a companion item. Commissioner Sanchez: Seven is a companion. There is a motion. . Commissioner Winton: We need the same motion. Commissioner Sanchez: This 's a motion there's a motion -- same motion? Commissioner Winton: Same motion. Commissioner Sanchez: The maker of the motion is Commissioner Winton. Is there a second? Second by Commissioner Regalado. Open for discussion. Hearing none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Commissioner Sanchez: Anyone opposing, having the same rights, say "nay." Passes unanimously. Thank you. 93 April 26, 2001 The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-355 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, STREETS AND ALLEYS, BEING (A) A PORTION OF SHIPPING AVENUE BETWEEN THE FEDERAL EAST COAST RAILROAD RIGHT-OF-WAY AND SOUTHWEST 37TH COURT, (B) AN ALLEY RUNNING ACROSS DIAGONALLY AND BOUNDED BY SHIPPING AVENUE, PEACOCK AVENUE AND SOUTHWEST 37TH AVENUE, (C) A PORTION OF SHIPPING AVENUE BETWEEN SOUTHWEST 37TH AVENUE AND THE FEDERAL EAST COAST RAILROAD RIGHT-OF-WAY, (D) A PORTION OF SOUTHWEST 37TH COURT BETWEEN SHIPPING AVENUE AND PEACOCK AVENUE, MIAMI, FLORIDA, AS LEGALLY DESRCIBED IN ATTACHED "EXHIBITS A, B, C, AND D" SUBJECT TO THE PROPERTY OWNER SUBMITTING NEW LANDSCAPE PLANS FOR REVIEW AND APPROVAL BY THE CITY PLANNING AND ZONING DEPARTMENT. (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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Vice Chairman Wifredo Gort Ms. Velazquez: Thank you. 94 April 26, 2001 Commissioner Sanchez: Moving on to PZ -8. PZ -8 is an appeal of Zoning Board decision. Note for the Record: Vice Chairman Gort entered the Commission Chambers at 3:49 p.m. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -8 is an appeal of a variance that was denied by the Zoning Board. The Planning Department recommends denial. This is for the property located at 2891 Coacoochee Street in Coconut Grove. This property is 12,665 square foot property. It is well oversized. It is regular in configuration. There is plenty of land on the - - plenty of land in the property to accommodate expansions of the residents without encroaching into the setbacks. This is a request for 10 -foot setback, where 20 feet are required. Again, we think it's a matter of design. It could be designed in a way that they don't have to encroach into the setbacks. This property also has pending Code Enforcement action for work completed without a permit, encroaching into the required yards and open space. We don't find any hardship here whatsoever to justify this variance. Lucia Dougherty: Good afternoon, Mr. Chairman, and members of the board. Lucia Dougherty with offices at 1221 Brickell Avenue. I'm here with my client, Lang Baumgarten, who is the owner of the property. Lang, could you come here and hold this for me? I think there is some very unique circumstances regarding this piece of property, and this is the photograph of the building and this is the site plan. Just to orient you, this is the Tiger Tail, this is Coacoochee; this is my client's property; this is the building next door. This is the area in which we're talking about getting -- seeking a variance. It is literally right here, and if you look on the site plan -- and what's unique about this building, frankly, it is a 2600 square foot house. It's one of the smallest ones in all the area, and it's got a huge banyan tree. It's a banyan tree that everybody looks at. They stop and look at this banyan tree, which is shown right here. It is a monster banyan tree that people come from all around to look at. It's one of the biggest ones in the Dade County. So, given the fact that this is a very, very small house, it's got 2600 square foot width this little addition, and let me say this. This addition is a 186 square feet. That's what we're talking about, 186 square feet. He has a petition signed by all of his neighbors because any addition to this house, the least intrusive place, would be here. It's backed before the -- it's follows the building line of the existing building. In 1999 they granted a variance for this same setback back here. He didn't build it back here. So, we're asking you if we could retain this very modest structure. It's 186 square feet. It follows the existing building line. It is in the back of the building, and as you can see; it's imperceptible from anybody, which is why he has all of his -- the signature of all of the folks who are immediately surrounding the property. Where is that petition? I'm giving this original petition to the City Clerk. So, it's a very modest request and we would urge your approval. Commissioner Winton: Could you bring that site sketch, not the aerial? And the bottom line is current existing house? 95 April 26, 2001 Unidentified Speaker: The yellow is the current house. Commissioner Winton: OK. Vice Chairman Gort: Into the mike, please. Commissioner Winton: OK. I understand. Vice Chairman Gort: Let me ask a question. Is anyone in opposition to this item? Is anyone in opposition to this? Being none, we'll close the public hearing. Commissioner Winton, this is your district. Commissioner Winton: When I read this, my answer was easy. I said, recommend -- uphold the Planning Board and Planning Department's recommendation of denial. But I couldn't see this. I guess I need to understand -- that's when I walked in here. I guess I need to understand, you know, from a principal standpoint, I almost always vote against changing established setback requirements because that's part of what's destroyed so many of our neighborhoods. This, though, -- it's only following setback lines that have been in place for a long time, sand adding a small piece of -- filling in a little slice of a pie that's already there. So, I'm struggling to ... Ms. Slazyk: Our recommendation has to be based on hardship and the criteria in the ordinance, and the other criteria reasonable use. Is denying him this denying him reasonable use of his property? It isn't. He's obtaining reasonable use today. He lives in it. The house is there. It's reasonable use. It's an over sized property. There is no justification. It's not only so much a matter of whether this would be injurious to anybody because it probably wouldn't. However, there is no hardship. You know, it does -- he's obtaining reasonable use. There is no special circumstances or conditions that apply here that don't apply everywhere else in the City. It's a big piece of property. There are other ways to do addition that's wouldn't require setback variances. So, it's a matter of -- you know, precedence, but also looking at strict criteria. It doesn't have hardship. It doesn't meet the 6th criteria. Ms. Dougherty: Mr. Commissioner, let me just say something to you. It's not 12000 square feet. This is not an oversized property. This is 8500 square feet. It is the smallest house in all of Coconut Grove practically. If you expanded it into the front, where you would legally do so, you could hurt the banyan tree, which is something you don't want to have happen. It doesn't make any sense that you wouldn't permit it in the least obtrusive place, which follows the existing setback lines, and it is not an over built property at all. Commissioner Winton: And ... Ms. Dougherty: And I think that there is a hardship. The hardship is that it's a small building. You don't want this building going to second floor. You don't want it expanding into the front, and... Commissioner Winton: How about (inaudible). 96 April 26, 2001 Ms. Dougherty: And you have a banyan. You don't want it to go up either. Commissioner Winton: No, no. I mean -- yes. Ms. Dougherty: I had a variance. We had a variance for it in 1999 to take this ... Unidentified Speaker: And I decided against building on it. Mr. Maxwell: You he must be on the -- comments on the record, please. Commissioner Winton: The -- because Lourdes, I know that this Commission because I've argued against a number of them, typically has listened to the rational of the hardship, and I remember us passing several just recently in some neighborhoods that I thought was -- sand there isn't any opposition to this. This seems like a logical extension, even though there may be an argument about whether or not we can prove hardship, and... Ms. Slazyk: That's why they present their reason for hardship. They presented, you know, the trees, they present specific configuration that they think is particular, sand that's why you're here to listen to both sides and decide this. Mr. Maxwell: Commissioner, they absolutely must address that issue. You have to find that there is a hardship in this case, and it's not unreasonable. Commissioner Winton: Well, I've listened to these arguments a bunch of times, Joel, so -- and I've heard how we passed this stuff with listening to the hardship and I think I've heard the hardship here. Mr. Maxwell: OK. As long as the record reflects. Vice Chairman Gort: Motion. Commissioner Winton: My motion is to Ms. Slazyk: Grant the appeal. Commissioner Winton: Yes. Ms. Slazyk: Reverse the Zoning Board. Commissioner Winton: Thank you. Thank you, Lourdes. Vice Chairman Gort: OK. There's a motion. Is there a second? Commissioner Sanchez: Second. 97 April 26, 2001 Vice Chairman Gort: It's been moved and second. Any further discussion? Being none -- let it show there is no one in opposition to this item. 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. 01-356 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), GRANTING THE APPEAL, AND REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, TO ALLOW A REAR YARD SETBACK OF 10'0" (20'0" REQUIRED) FOR A SINGLE FAMILY HOME FOR THE PROPERTY LOCATED AT APPROXIMATELY 2891 COACOOCHEE STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," CONDITIONED UPON A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None Vice Chairman Gort: OK. Yes. 98 April 26, 2001 Mayor Carollo: We're going to go back now to PZ -1. Lourdes, can you give us the department's recommendation in PZ -1 and go over whatever history on it you feel we need to hear. Lourdes Slazyk (Assistant Director, Planning and Zoning): Sure. This is a special exception in order to allow public recreational facilities for the Overtown Youth Center. The department has reviewed the application and is recommending approval, with conditions. The only condition that we specifically wanted them to meet prior to building permit is a revised landscape plan, with the specifications substituting palm trees with shade trees. This is a youth center, and the shade is important and the palms don't really provide enough. We wanted them to update their landscape plan and turn that in prior to building permit. Otherwise we find that the use is appropriate for the location. And that it will be beneficial to the community. Mayor Carollo: Anyone that would like to address the Commission in favor or against this special exception, if they can give their names to the City Clerk. Vice Chairman Gort: Mr. Mayor, if I may, I think, for the sake of time, we have two books that we still have to go through. We haven't even gone through the items in the regular agenda. What I would like to do is, I think there's been several meetings on this. If there's anyone in opposition, I don't think anyone in opposition to this item, we can move on. Mayor Carollo: There shouldn't be, Commissioner. But I think, at least, the applicants would like to put on the record their position on this, an I think that would be appropriate, and particularly since it's taken them very patiently about two years to get to this point. If you could state your name and address for the record. Al Dotson: Mr. Mayor, my name is Al Dotson, address 200 South Biscayne Boulevard. Because of the time, it will be extremely brief. We thoroughly appreciate the City of Miami's work on behalf of the Overtown Youth Center, as well as the enthusiasm of the Overtown residents in making sure that center move forward and you, the City Commission, for your commitment to this community. We've had an opportunity to hear from the residents of Overtown. There have been a number of meetings, and they have been thoroughly supportive of the efforts of Mr. Margulies and Alonzo Mourning in their effort to construct the Overtown 99 April 26, 2001 Youth Center. I'm just going to present for the record a copy of 550 signatures from Overtown residents who are in favor of this particular project, who could not make the meeting today, as well as letters from various organizations, also in support. Because of the number of people who have come out and support, that's all I would ask is that they do is stand to be recognized, since they are here in support of the Overtown Youth Center, and they've come out in the rain, for that purpose. Those of you who are here in support of the Overtown Youth Center... Commissioner Winton: Marty, are you opposed to it? Mr. Dotson: Mr. Mayor, and members of the Commission, I think this is a great showing of Overtown residents who support this particular project. We had a chance, during a recent referendum to come out and vote in favor of this project to express their support, and, again, they are here today because they know the center is absolutely needed and they, themselves, are going to be a critical component in its success of that center. Again, I want to thank everyone for coming out today. Mayor Carollo: Thank you, Al. Mrs. Range, would you like to address the Commission on this? Athalie Range: I certainly would be pleased to address the Commission on this, and simply to say that it is very fine effort, which is being made for our community. I happen to have grown up in that community, and I went to school over there and I think it's very fine circumstance that we have come to the point that such a facility is going to be built there for the young people, and my vote goes. I'm not in that district, but my vote goes. Thank you very much. Mayor Carollo: Thank you, Mrs. Range. Thank you for being here. Ms. Range: Thank you. However, I'm here on another item, and I must leave. So, Gene Tinnie and Mrs. Thomas will be here to carry on. Mayor Carollo: A very important item, too. Ms. Range: Yes, it is very important. I would have liked to have remained, but I can't for that. Mayor Carollo: Thank you for your presence. Thank you, ma'am. Ms. Range: Thank you. Mayor Carollo: Yes ma'am. Dorothy Jenkins -Fields: Mr. Mayor, if I may. Dorothy Jenkins -Fields. I am Vice Chairman of 100 April 26, 2001 the Overtown Advisory Board and a member of the Empowerment Zone Overtown assembly. Both of these boards have, by resolution, support, without question. The Overtown Youth Center, and would encourage the Commission to do likewise. Thank you. Mayor Carollo: Thank you, Dorothy. Is there anyone -- and I have to ask this. Is there anyone in opposition in the audience that would like to address the Commission? There's none. Mr. Dotson: Mr. Mayor, if I may, just make one other statement for the record. Mayor Carollo: Yes, Mr. Dotson. Mr. Dotson: We've had an opportunity to meet with St. John's Baptist Church; and we thoroughly appreciate their professionalism since your last meeting. They have provided us with their issues, with respect to being a good neighbor, and we've had an opportunity to meet with Pastor Nevins and the elders of that church, and we appreciate their input in that process since the last meeting. Mayor Carollo: Thank you, Al. Is there a motion from the Commission? Commissioner Teele: Mr. Mayor? Mayor Carollo: Commissioner Teele. Commissioner Teele: The public hearing is closed. Mr. Mayor, I would move that the item, PZ - 1, be approved pursuant to the planning director's recommendations. Commissioner Winton: Second. Commissioner Teele: On the motion. Mayor Carollo: It's a motion. There's a second. Commissioner Sanchez: Second. Mayor Carollo: OK. Commissioner Teele: On the motion. Mr. Mayor, I've given the Clerk -- and members of the Commission, I've given the Clerk a copy of a letter which I'm asking to be made a part of the record, of -- dated April 25th, entitled a dear colleague letter. That dear colleague letter states, in part, of particular interest is the referendum item, which was referred to the citizens, regarding 101 April 26, 2001 the Overtown Youth Center at our last zoning meeting, the zoning decision was appropriately deferred to allow for a dialogue between the interested parties, in particular, the Margulies group and the historic St. John Baptist's Church board of trustees, and so eloquently stated by Dr. Nelson Adams in the meeting, which resulted in the letter of understanding regarding the concerns by his church members, such as, bullet, the physical structure of the youth center 's facility and its impact on the view of historic St. John 's Church. Bullet: The programming of the youth center and its influence on the area 's youth. Bullet: The appropriate security during hours of operation, complete with adequate lighting, and finally, the level of commitment by the principals, Mr. Margulies and Mr. Mourning, as it relates to the operation. These questions were thoroughly answered, I think, by counsel and the principals, as the letter states on Number 9: The item of the use agreement, unrelated to this zoning matter, unrelated to this zoning matter, was submitted for a vote and with some -- and with a vote of 96 percent in support of 105 votes cast. I wanted to say on the record, although there has been a reference from the dais that this project has been languishing for two years, this project was referred to this Commission approximately a year ago. This Commissioner, on three separate occasions, has voted for and, if fact, I initiated the transfer of the land, which is in question from the CRA (Community Redevelopment Agency), which I'm privileged to chair, to the City, and that was done expeditiously, within a matter of 30 days from the City's request. I want to express my appreciation to the principals, Mr. Margulies, Mr. Mourning, and counsel and others, but most of all, I want to express my appreciation to St. John's, the historic Baptist church that has been here 80 years, many of whom founders of that church were incorporators and founders of this City. For working in a cooperative community spirit, and, finally, Commissioner Winton and Commissioner Sanchez and Commissioner Gort, and Commissioner Regalado, I want to continue to express my appreciation for treating this African community the same way we treat Brickell, and the same way we treat Coconut Grove and other areas. In each and every case, when there is an objection by the adjacent landowner, property owner, this Commission has routinely deferred the matter and allowed the principals to work together. This has happened again here, notwithstanding the frustration of the developers, as we always hear and see. It's important that, in making zoning decision, we facilitate a good neighbor long-term process, hopefully, this facility will function for many years in the future and it will function as a good neighbor to St. John's and the entire Overtown community. And I'm strongly in support, as I have been, for the year that the project has been before us, in support of this project. It will be a tremendous asset and addition to the community. Thank you. Mayor Carollo: Any further statements from any members of the Commission? Hearing none, can you call the roll? (COMMENTS MADE DURING ROLL CALL) Vice Chairman Gort: Mr. Dotson, my understanding, fraternity from FIU (Florida International 102 April 26, 2001 University) is going to give you a call. They want to get involved in the project. Put a lot of volunteer hours in there. Yes. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-357 A RESOLUTION OF THE MIAMI CITY COMMISSION, AFFIRMING THE RECOMMENDATION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW PUBLIC RECREATIONAL FACILITIES FOR THE PROPERTIES LOCATED AT APPROXIMATELY (I) 1338 AND 1360 NORTHWEST 3RD AVENUE, (II) 1330 NORTHWEST 2ND COURT AND (III) 308 AND 450 NORTHWEST 14TH STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND THE FOLLOWING CONDITIONS RECOMMENDED BY THE PLANNING AND ZONING DEPARTMENT: PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS THE PROPERTY OWNER SHALL SUBMIT A COMPLETE NEW LANDSCAPE PLAN ACCEPTABLE TO THE DEPARTMENT, INCLUDING, BUT LIMITED TO, SUBSTITUTION FOR DEPICTED PALMS AND SHADE TREES. (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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None 103 April 26, 2001 Mayor Carollo: Marty, can you come up to the podium please, if you would, and -- I would personally like to thank you for you and Alonzo Mourning coming forward along with others that are working with you, in making this very needed youth center, that is also going to serve not the so young, making it a reality in Overtown. I don't know anywhere in America that someone's going to come and take out of their own pockets three million dollars ($3,000,000) without asking government for not a single cent so that they can build something that's going to last and really make an impact in the community, and this youth center is going to make one heck of an impact in Overtown, but I predict this to you, that this is going to become a youth center that is going to be a prototype for more to come. You're going to see others built in Liberty City, in East Little Havana, in Wynwood, in other parts of Florida, and I think Marty, that what you've done here is something that Miami will never be able to give you and Alonzo enough thanks for doing this because this is going to go way beyond Overtown. It's going to become a model for many other parts of our community, Florida, and our country. And I personally want to thank you for your patience and for coming through in a way that few people would anywhere in the world for a City. Thank you. Marty Margulies: I just wanted to say, please don't name the street after me. Vice Chairman Gort: Marty, you don't want to do that. Unfortunate, we passed a resolution here that in order to do that, the person has to have passed away, so we don't want to make sure -- we want to make sure we don't name the street after you. Mr. Margulies: I'd like to thank some of the staff people, who really helped us along the bureaucratic process, Lori Billberry, Rhonda Vangates, and City Manager, Mr. Gimenez, whose very encouraging. When I was at a point when I was ready to take it somewhere else, Mayor Carollo stepped in and convinced me that the Overtown community really needed this facility, and I knew that, but without his intervention, I probably would have walked somewhere else. Again, these meetings with the churches, with the Overtown Advisory Board and all the numerous meetings we had with the community people, Commissioner Gort was always present at the meeting, and he always listened very carefully to what the residents were saying. Also like to thank Commissioner Sanchez, Commissioner Winton for their undivided attention an their help in encouraging us. At the end of the day, the children have won a victory and that's the bottom line. So, thank you very much. (APPLAUSE) Mayor Carollo: Than you, so much, Marty. Please, Al, if you could express our thanks and gratitude to Alonzo. 104 April 26, 2001 Mr. Dotson: As you know, Mr. Mourning had a business engagement out of town, but his representative is here. Andre Napier, who would also like to thank the Commission for their help. Mayor Carollo: Sure. Go ahead, Andre. Andre Napier: Thank you, Mr. Mayor. I really would just like to second Marty's comments and thank all of you, on Alonzo's behalf for making Marty and Alonzo 's vision a reality. I'd like to thank is actually each and every one of the Commissioners for their support and their time for meeting with us, discussing the project, allowing us the opportunity to share with you our goals. Commissioner Teele would like to thank you for welcoming us into your district, giving us the opportunity to do our part to make a difference, and with that, now we've got to get to work. So, we appreciate your time and allowing us to opportunity to move forward. Thank you. Mayor Carollo: Thank you. Mr. Gort, can you chair the rest of the meeting? Vice Chairman Gort: Sure, no problem. Mayor Carollo: Thanks 105 April 26, 2001 Vice Chairman Gort: Let me ask the -- we still have a lot of items from the regular agenda. Would the Commission like to continue the PZ and get it over and then go back, because we have more public hearings? Mayor Carollo: If I could request of the Commission, if they could take up the item that Mrs. Range is here for? And we've -- usually have done this sort of courtesy for former members of this body. She does have to leave. Mrs. Range, what item is that again, please? Athalie Range: Thank you. My name is Athalie Range and I reside at 5727 Northwest 17"' Avenue. I'm here in the interest of Item Number 21. Mayor Carollo: Twenty-one. If we could go back to the regular Commission Vice Chairman Gort: Sure, no problem. Note for the Record: At this point, the City Commission temporarily tables consideration of the Planning and Zoning portion of the agenda in order to consider items from the regular portion of the agenda. Mrs. Range: Yes. You received, in each of your offices, a copy Vice Chairman Gort: Ms. Range, excuse me a minute. Mrs. Range: Yes. Vice Chairman Gort: What do we need to do? Joel E. Maxwell (Assistant City Attorney): Recess the PZ ... Vice Chairman Gort: Recess the PZ meeting Mayor Carollo: And go back to regular ... Vice Chairman Gort: And we'll go back to regular Commission meeting. Gloria Velazquez: Mr. Chairman, before you do that, would you consider the Miami Children's Museum, which is ... Vice Chairman Gort: This won't be long. We'll take it in a minute, OK? 105 April 26, 2001 Ms. Velazquez: OK. Thank you. Mayor Carollo: Won't belong. Vice Chairman Gort: Yes, ma'am. Mrs. Range: Thank you very much. As I said, this is for the temporary budget, and City Manager has had this on his desk. I believe it's his recommendation and we're here to win it and hopefully have it passed by your body. Commissioner Winton: Move it. Vice Chairman Gort: It's been moved by Commissioner Winton. Is there a second? Commissioner Teele: Second. Vice Chairman Gort: Second. Mayor Carollo: Moved and second. Call the roll. Mrs. Range: Thank you ever so much. Alejandro Vilarello (City Attorney): This is an emergency ordinance of the Miami City Commission amending Ordinance Number 11970, the annual appropriation, ordinance for fiscal year ending September 30, 2001, for the purpose of adjusting said appropriations relating to operational and budgetary requirements for the Virginia Key park trust; containing a repealer provision and a severability clause. Commissioner Sanchez: That's a rare site. Mayor Carollo: Yeah. Commissioner Winton: Yes, shocking. I lost my train of thought over here. Vice Chairman Gort: Where is Van? We should take some pictures of that. Commissioner Winton: Where is the media when we need them. Walter Foeman (City Clerk): Roll call. 106 April 26, 2001 An Ordinance entitled AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11970, THE ANNUAL APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2001, FOR THE PURPOSE OF ADJUSTING SAID APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE VIRGINIA KEY BEACH PARK TRUST; CONTANING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Winton 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 Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None Whereupon, the Commission, on motion of Commissioner Winton and seconded by Commissioner Teele, adopted said ordinance 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 THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12038. The ordinance was read by title into the public record by the City Attorney. Mayor Carollo: It passes. Thank you so much, Ms. Range. Commissioner Winton: May I add one comment to this? To put on the record that I 107 April 26, 2001 think the public would enjoy knowing, and that is the great success this committee has had. You know, we're approving a budget of -- that includes capital costs something in the neighborhood of three hundred and thirty thousand dollars ($330,000). This committee has raised something in the neighborhood of seventeen million dollars ($17,000,000) to go on to Virginia Key through all of their hard efforts. So, this is a great -- this is a minor investment to make for the kind of capital they're bringing to the table. Dollars well invested. Mayor Carollo: You know, Johnny, there's never been a committee in this City's history - - and Mrs. Range can attest to that because she was around a lot longer than some of us here. There's never been a committee in this City's history that's raised that kind of money. Commissioner Winton: And it's fabulous. Keep it up. Mayor Carollo: And we're very grateful for the talent that we've had in this committee. Thank you, Ms. Range. Ms. Range: Thank you. Thank you very much. Vice Chairman Gort: You can tell they have beat up some people. I mean, you can see the... Ms. Range: Oh, yes. Thank you very much. Mayor Carollo: Now, you didn't hurt that arm carrying all that money now, right? Ms. Range: No. It's not money yet, but I hope it will be. Mayor Carollo: I hope you get better. Take care. Vice Chairman Gort: OK. We now recess the regular... Enid Pinkney: May I say something out of order? I'd like to see every City Commissioner here Sunday, when we commemorate Mr. Ulysses Grant Bell in the city cemetery. I want you marching down 3rd Avenue with the band, and going over to the cemetery as we honor one of the incorporators of the City of Miami. We're going to unveil a headstone in his honor and also, the present and previous sextons, including Mr. Frazier, who we honored last year in April, and he died in July. So, we want to see all of you there Sunday. Commissioner Winton: Enid what time is that? Commissioner Teele: What is that, 2:30 at St. -- what time? Ms. Pinkney: Three o'clock the band strikes up. 108 April 26, 2001 Commissioner Teele: Three o'clock at St. Agnes. Commissioner Winton: Where though? Ms. Pinkney: St. Agnes Episcopal Church on 3rd Avenue. Commissioner Teele: It's 17th Street and 3rd Avenue. Vice Chairman Gort: And we'll march to the stroke of the band. We'll be there. Ms. Pinkney: We'll march. Commissioner Teele: This is the annual -- this is an annual event and they've done a wonderful job keeping this tradition. Ms. Pinkney: Thank you. Commissioner Teele: Thank you. Vice Chairman Gort: Thank you. Thank you for the invitation. Mayor Carollo: Thank you. Vice Chairman Gort: We'll recess now the regular meeting and we'll go back to PZ meeting. Note for the Record: At this point, the City Commission temporarily tables consideration of regular portion of the agenda in order to consider items from the Planning and Zoning portion of the agenda. 109 April 26, 2001 Vice Chairman Gort: Yes, sir. Tucker Gibbs: Mr. Chairman, my name is Tucker Gibbs and I represent the appellants in PZ -33 and I'm here with opposing counsel. We'd just like to ask for a deferral of this item for 30 days. It's an agreed deferral. Vice Chairman Gort: We'd love to do that. Yes. Mr. Gibbs: I thought you would. Vice Chairman Gort: There's a motion to defer. Commissioner Sanchez: So moved. Vice Chairman Gort: Is there a second? Mr. Gibbs: You don't want to see us again fight, do you, in the ... Lourdes Slazyk (Assistant Director, Planning and Zoning): To May 241" Alejandro Vilarello (City Attorney): Continue the item to... Vice Chairman Gort: See, Johnny, needs to understand that. We need to give first year of law school. Commissioner Sanchez: Tucker, Tucker? Tucker, you mean continue, not defer? Mr. Gibbs: To continue, yes. Continue -- thank you -- for 30 days. Thank you. Vice Chairman Gort: Continue. Do I have a motion? Commissioner Winton: So moved. Vice Chairman Gort: Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." 110 April 26, 2001 The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-358 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ -33 (APPEAL OF REMOVAL AND RELOCATION OF TREES FOR INSTALLATION OF PLAYING FIELDS AT 2015 S. BAYSHORE DRIVE, RANSOM EVERGLADES SCHOOL) TO THE CITY COMMISSION MEETING PRESENTLY SCHEDULE FOR MAY 24, 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. Vice Chairman Gort: Thank you. 111 April 26, 2001 Vice Chairman Gort: Children's Museum. Bring them up. Commissioner Sanchez: What item is that? Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -4. Commissioner Sanchez: PZ -4. OK. Ms. Slazyk: PZ -4 is a Major Use Special Permit for the Children's Museum project to be located on a 2.32 acre parcel on the south side of Watson Island, in order to allow museum use consisting of approximately 55,000 square feet. The Planning and Zoning Department is recommending approval, with conditions. The primary condition here has to do with the design of the Children's Museum. As you all may recall, this design is the same as what they were proposing for the Vizcaya Metrorail Station. We believe that Watson Island is a unique location in the City. It's on an island. It relates to the water, and we don't believe that the museum, as designed and presented for the Major Use Special Permit, reacts appropriately to the unique location of Watson Island. There were also other design issues that had not been worked out through the major use process, including linkages, fenestration, materials, colors. They really just went forward with the same project they had before. With respect to the use, though, we believe the use is consistent with the Watson Island policy plan; it's consistent with the zoning district. The City will be providing sufficient parking nearby. We want them to address linkages and walkways to the parking and to really address where they are on Watson Island, and not just put a building from somewhere else down on this location. It's too special a location. Vice Chairman Gort: Lourdes, let me ask you a question. What's the only inconsistency? You state it again. Ms. Slazyk: The design. Vice Chairman Gort: It's the design. Ms. Slazyk: The design. Vice Chairman Gort: Do you have a problem with the design? Ms. Slazyk: Yes. We don't believe that this is -- that as presented for Major Use Special Permit -- and I'm not sure what this model is because that's the first time I'm seeing it. But as presented for the Major Use Special Permit, the design is not appropriate for its location on Watson Island. Vice Chairman Gort: OK. And I understand what you're saying. What's the reason? There's nothing there right now. My understanding is -- and we had the one ... 112 April 26, 2001 Ms. Slazyk: The Watson Island policy plan calls for Watson Island to be -- Watson Island still coming into its own. Parrot Jungle was approved. There is another application coming forward for an aviation and visitors center. It is an -- a public attraction island. There will be some other development as Watson Island continues to grow. A museum, again, the way it was designed completely, you know, oblivious to its location on an island, not responding to any of the other uses nearby, not linking even to their own parking, we believe that there are still plenty of design issues that need to be worked on before they really build it. Vice Chairman Gort: OK. Thank you. Commissioner Sanchez: I would like to hear from the applicants. Gloria Velazquez: Thank you. Good afternoon... Vice Chairman Gort: Excuse me. Before I hear from the applicant, I wanted to hear from staff because if we could avoid some of this, it would be a lot better. Yes. Ms. Velazquez: I'll just summary format quickly. Good afternoon, Mr. Chairman and Commissioners. My name is Gloria Velazquez, with offices at 1221 Brickell Avenue, on behalf of the City of Miami and the Miami Children's Museum. Joining me today is Debbie Spiegelman, who is the Executive Director of the museum; Louis St. Clair, the architect, Rafael Peruyera, the project manager, and many parents and children representing our community. Everyone can stand up in support of the Miami Children's Museum. We want to thank them for being here today. We're seeking approval of a Major Use Special Permit for the Children's Museum project for plans on file -- quick -- for plans on file and as reflected in our model shown before you today. It was approved for plans on file and as you see in the model by the UDRB (Urban Development Review Board) and the Planning Advisory Board unanimously. We agree with the conditions from the Planning Department. We agree with condition number 11 -- and we just want to clarify it. Basically, I have the condition here that Nicole is going to pass out to you and, basically, what we want to do is, we agree with the condition. Basically, fenestrations are windows. That's one of the concerns. We want to limit our condition -- this condition to window, colors, materials, and not require any structural change. That's our main concern. I mean, this is a project that has been through many public hearings; this is a project that has been on file. Everyone we've worked -- everyone's worked together, and we will agree to work with the City; however, the only thing that we ask you is to amend this condition that there will be no structural changes. Vice Chairman Gort: Nicole, let me ask you a question: Are they paying you a good salary? Commissioner Sanchez: At least minimum wage. Ms. Velazquez: We're all working pro bono. Commissioner Regalado: No. It's "Take Your Daughter to Work" today. Lourdes, I have a question. Hello. I have a question. You're saying that the design is not compatible with Watson 113 April 26, 2001 Island. That's what you're saying, the design? Ms. Slazyk: Yes. I want to clarify for the record. Somebody asked me what we were recommending. I just want to clarify. It's approval of the project, but with conditions that these design issues be addressed. Regarding the design issues, it's -- they took a building that was designed for another site, put it on Watson Island. It didn't react to the water. It doesn't react to being on an island or to any of the other facilities that have been approved and our underway on the island. We would just ask that that be addressed. Commissioner Regalado: But I -- excuse me. I remember that I received some graphics and when -- I mean, long time ago, when they were thinking even on Bicentennial Park, and it was supposed to be something related to water. In fact, on the second floor is something related to water. I don't know what is the difference between design for Bicentennial and a design for Watson Island. It's water. They both have water. Debbie Spiegelman: Commissioner, the building was designed san it was a building designed by Arquitectonica for and about children, and the building addresses the four elements that are found in fairy tales, earth, wind, fire, and water. And the largest building, with the height, does constitute water. We feel it represents a wave. Commissioner Regalado: That's what I thought. Joel E. Maxwell (Assistant City Attorney): Commissioner Regalado, just for the record, those documents that you received, I believe you were sent those well before there was a pending application on this, is that not correct? Commissioner Regalado: Oh, yeah, yeah, yeah. They were received when they were thinking on asking Bicentennial, which was, I think, two years ago or something like that, when the Roads site was rejected. Mr. Maxwell: I understand. I just want the record to be clear for general purposes. That was before there was a pending application. Commissioner Regalado: Yeah. No, no. Of course. And -- but that's what I don't understand. I mean, it has to do with water. It's even a wave. So, Lourdes, I don't know -- what are you questioning here, specifically? Ms. Slazyk: Why are we what? Commissioner Regalado: What are you questioning here? Is it a wave? Is it (inaudible) is it Ms. Slazyk: OK. An architectural representation of water by a shape on a building and how a building responds to water are two different things. Again, as presented -- and I see windows there that really weren't in here, but as presented is what we reviewed. There are public uses within this that could be located in a way that they open up to the water. There's other things in the building that could respond to the location, more so than what was presented to the City. 114 April 26, 2001 Commissioner Winton: Could I ask this design was created for what site? Rafael Peruyera: Commissioner, my name is Rafael Peruyera, with offices at 2800 Ponce de Leon Boulevard. The building, although originally designed for a different site... Commissioner Winton: Which site? Mr. Peruyera: The Vizcaya Metrorail Station site. Commissioner Winton: OK. So, it wasn't -- Commissioner Regalado, it was not designed for Bicentennial Park. It was originally designed to be on the Metrorail site. Just to get that on the record. Mr. Peruyera: That is correct. But after strong deliberation on the architect's part and user groups, we still feel strongly that the base design the appropriate for Watson Island, as it would have been for Bicentennial or any other waterside parcel. This is a museum by its very nature. The vast majority of its space is internal. We cannot exploit the beauty of the surroundings with windows and open plazas, but we can do certain things, as Ms. Slazyk suggested, and we do intend to do so. We want to go ahead and modify the lengths. This building was much further ahead than the neighboring building, the Visitors Convention Building, and we agree that we need to have some relationship at sight, linking, vehicular access, pedestrian access, links of parking, links -- architectural links in terms of texture, coloration, landscape features. There's no question there. Our only issue is that, after such a long drawn out battle, to use a word, we can't really afford to modify this structure at this point. We would have to go back to square one. Other than perhaps address some of the fenestration issues, where it is appropriate, such as, in the administrative wing or in gift shop, but not the museum core itself. Ms. Slazyk: I don't think we were questioning the footprint or the height or any of the envelope issues. They were design issues. Commissioner Winton: So, do I hear here, you're both saying the same thing here, in terms of what you're wanting and what they're saying they can deliver? Mr. Peruyera: Yes, sir, with one exception, that not to modify the structure. Commissioner Winton: Lourdes? Lourdes? Ms. Slazyk: I was just checking with the director. Commissioner Winton: Oh, I'm sorry. Vice Chairman Gort: Do you have full plans completed already, already drawn to begin? Mr. Peruyera: Yes, sir. 115 April 26, 2001 Ms. Velazquez: Yes, sir. Vice Chairman Gort: In order to give him the OK with the plans that you have, you're already ready to go to construction? Mr. Peruyera: Yes, sir. In fact, the plans have already been run through the City for the prior site and speaking to different departments, we have their concurrence. Vice Chairman Gort: So, you have gone through the process and all that. Lourdes, I understand what you're saying from a planning point of view, and what we'd like to see -- I'm sorry. Go ahead. I didn't mean to interrupt you. Commissioner Winton, go ahead. I don't want you mad at me. Ms. Slazyk: I was just looking at the modification they proposed, that you limit it to windows, colors and material, and I'm not sure if that's -- I'm not talking major -- you know, the footprint and the height and that, but it could -- this could be masting and articulation issues that wouldn't necessarily affect the structure, not the footprint, not -- you know, the sizes they need, but I am not sure that this is enough. Vice Chairman Gort: We're not architectures in here, so for us it's very difficult to understand. What I'm hearing from them is, they don't want to see -- because they have all the plans and we know how much it cost to put all those things together; how much your architects and planners will charge to do those things. My understanding is, what I'm hearing -- and correct me if I'm wrong -- is, they don't want to change the outside structure at all because of the plans they have. Now, my understanding is, what you're saying is, this existing building, let's try to connect it somehow, somewhere, select the right place, and do the landscaping and the auxiliary uses so it can connect to the rest of the island. Are you also saying let's change the structure itself, besides the window and colors? Ana Gelabert-Sanchez (Director, Planning and Zoning): If I may. Ana Gelabert, the Director of the Planning Department. What we're trying to say is that we feel that, as an architect, the building was designed for another location, so, obviously, it cannot respond to Watson Island because it was not meant for Watson Island. It's like you don't design a house for one lot and the other one would -- we don't want to -- what we would like is not just to limit its fenestration, but, perhaps, there's something on the articulation of the building that perhaps we can work with the architect without going, perhaps, so much into the structure, but there might be something on the elevations that we would have the flexibility of sitting with them and working with them. Commissioner Winton: So, couldn't they work this out in the next 30 days? Vice Chairman Gort: They need to... Louis St. Clair: If I may. Louis St. Clair, Arquitectonica, 550 Brickell. This building was previously scheduled schematic design (inaudible) designed for another park. These building incorporate themes, which are extremely well located in the actual site on an island near water. We have the wind; we have the water; we have all those elements, which are typical for a park. 116 April 26, 2001 We work the proportion of the building in such a way that there would be a pedestrian scale, and I think it's a complimentary planning facility for this site more than it was for all the previous sites we had. We have a chance to build a wonderful facility for all the children here and we have a construction building ready to go. Commissioner Regalado: If I may? Vice Chairman Gort: Yes, Commissioner Regalado. Commissioner Regalado: You know, we've been dealing with this issue for so long and like we just congratulate the people that came to Overtown with this offer. I think that the best use that we can have for Watson Island, that belongs to the residents of Miami, is the Children's Museum. And I think that a unique design like this will attract the interest of the children, which is what we want. We want the children of Miami, especially, to come and just stand in front of the bus or in the parking lot and feel the need to go into that building. I think it will be a shame to delay, one single day that project. You know, you can say whatever you want about the water and the mixture and the building, but this is an opportunity that we need to seize, and you guys do whatever you want. I am in support of this project. I think it's a building that draws attention to the people, but especially to the children, and I think that we have to think first on the children, which will be the primary users of this building. If we change something, professionally, maybe it will not be so interesting for the seven or eight or nine year olds that we wish to have there all the time, all the years. So, you know, I would ask my colleagues to just go ahead and, you know, approve this and start construction as soon as we can because this is -- this is the legacy that this Commission is going to leave for the next 10 or 20 generations to come here in Miami, and I really feel proud about this, and I think its the best use that we can ever think to have that building in Watson Island. Commissioner Sanchez: Mr. Chairman? Vice Chairman Gort: Thank you. Commissioner Sanchez. Commissioner Sanchez: Is the size a problem? Ms. Slazyk: No. Commissioner Sanchez: The size is not a problem. The only concern, my understanding, is the design, the design itself? Ms. Slazyk: Yes. Commissioner Sanchez: Compatible to what's at Watson Island? The RFP (Request for Proposal) going out, the designs -- are we comparing it to another design that's being put there by the visitors? No. Ms. Slazyk: No... 117 April 26, 2001 Commissioner Sanchez: So you've got nothing to compare. Now, the question is, is it acceptable to the environment that's going to be put there? Is this going to be a positive thing for the Watson Island? This project -- since I've been a Commissioner for two and a half years, almost on three, it was my homeowners, as president, that approved it; it was my homeowner that turned around and did not approve it. The other homeowners did not approve it. It came back. We worked it all out, where we would find a site for them. I went to Tallahassee with them to make sure they did not lose their grant through the agriculture. The project has been going on for years. I think that what it says here, very clearly, that they're willing to come to an agreement on the windows, colors and materials, but when it comes to the structure, once again, the funding in Tallahassee are still there. Every time we go back to Tallahassee, we plead with them to hold the funds for us. They say, do you have a site? And, you know, it gets harder and harder. So, you know, let's -- this is going to be positive for the City. I think you guys could work it out so there's -- I'll make the motion to approve, as it was placed -- have you made any modifications to it? Is this the original plan since day one? Unidentified Speaker: No, sir, there has been modifications. Mr. St. Clair: This was the plan proposed originally from the -- we have some modifications -- we were advised by Planning and Zoning not to present ... Mr. Maxwell: Sir, your comments must be Vice Chairman Gort: Sir, you have to speak into the mike. Mr. Maxwell: Into the mike, please. Commissioner Sanchez: They need to be on the record. I still have the floor. Can you state that for the record, please? Mr. St. Clair: These are based on the original plans we submitted for the MUSP (Major Use Special Permit). We have some modifications. They are ready to discuss after -- with the Planning and Zoning, and this was a Planning and Zoning recommendation, not to propose any modifications until they finished this process. Site modification is based on the (inaudible). Ms. Slazyk: They can't present the modifications before you approve it or else they have to stop the process and go through the substantial or non -substantial modifications. So, we haven't seen whatever modifications they may be working on. If we add landscape to this list... Commissioner Sanchez: I think it's only fair that you present the modification to the City. That's -- you've got to do that. I think it's only fair that you do that. Ms. Velazquez: We will. And we will. I just want to provide some comfort and perhaps ease to the Commissioners in making your decision, that group of architects at your UDRB approved this design, unanimously. They reviewed it, just like you're reviewing it today, but they're architects. So, I thought that -- I just stated that to provide some comfort that some architects -- some other architects had reviewed it. 118 April 26, 2001 Vice Chairman Gort: There's a need to understand, if it's too big of a change, modification, then it's got to go back through the whole process. So, whoever makes ... Ms. Slazyk: We don't have a problem with footprint and height. That's not going to be a problem. Vice Chairman Gort: OK. But from what I learned last night, I have to be very careful of any change because then it might have to come back to all of us. So, let's make sure we keep that in mind. That's very important. Ms. Slazyk: I would ask that the landscape be added to the list of the ... Vice Chairman Gort: What else you need? Ms. Velazquez: We agree. Vice Chairman Gort: With the exception, structural change. What other needs do you need on this motion? So the maker of the motion can ... Ms. Slazyk: No. It would be to add the windows, colors, materials and landscaping. Commissioner Sanchez: So moved, with the conditions that you provide the windows, the colors, the material and the landscaping. Ms. Velazquez: And not require... Commissioner Sanchez: Excuse me. Vice Chairman Gort: There's a motion and a... Ms. Velazquez: And not require any structure... Commissioner Regalado: And not what? Ms. Velazquez: And not require any... Commissioner Sanchez: And not require structural redesign of the building. Vice Chairman Gort: There's a motion and a second. Yes, sir, Mr. Cruz. Mariano Cruz: Manuel Cruz, 1227 Northwest 26th Street. This is to be on the record because I want people to know. I am not against the museum, as long as it is for all the children, not just in theory, but in practice. All the children of Miami, Miami -Dade County, and the whole thin because Watson Island is 10 -- about 10 minutes from us. I mean from my house on 12t Avenue, 836 East, McArthur Causeway right there. I used to go there many times with my 119 April 26, 2001 children when they were small because I have four children going to private school, so I didn't have much money left to go to Disney World or (inaudible) I use all these places, but the only thing it bothers me a question, that today somebody was talking about fisherman and the whole thing being moved. Now, there is land, all this big dollar projects, like the mega marina, the whole thing, and then they want to move the workers from the City, the place I go, because I go there on Sunday morning to buy fish and go around there, and I can't afford maybe to go to that mega marina. I don't have a job to go there, but they find all the time -- but the administration is pushing to get rid of the people there. Now, you say there's going to be a public hearing, but make sure those people stay there. See, I was the only one that got the clock. All the other people spoke without a timer, but that's all right, as long as it's on the record. Vice Chairman Gort: Mariano, let me put it to you this way. Go ahead, keep speaking. Mr. Cruz: No, no, no. Vice Chairman Gort: Forget about the clock. Keep speaking. Mr. Cruz: The only thing I want to know is Vice Chairman Gort: I don't want you to go back to your community and say we keep you from speaking. Go ahead. Mr. Cruz: It have to be -- find the place for the people to go. People have been there for years are there because even now, I understand the MOC, the Miami Outboard Club have moved the fence. Let her do a survey of those properties and find out they moving to the Parrot Jungle, using property, the empty property, to park on the whole thing. Those people don't own that Island. Watson Island is owned by the citizens of Miami. Doesn't know that. And most of the people using those facilities, the MOC and the Miami Jet Club don't even live in Miami. You can't afford to go there. Vice Chairman Gort: Mr. Mariano, thank you, sir. I have a motion and a second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 120 April 26, 2001 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-359 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 MIAMI CHILDREN'S MUSEUM PROJECT, TO BE LOCATED ON A 2.32 ACRE PARCEL ON THE SOUTH SIDE OF WATSON ISLAND, MIAMI, FLORIDA TO BE COMPRISED OF A 55,000 SQUARE FOOT CHILDREN'S MUSEUM; DIRECTING TRANSMITAL 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 Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Johnny L. Winton Walter Foeman (City Clerk): Who was the seconder, Mr. Chairman? Commissioner Regalado: I did. Vice Chairman Gort: Thank you. Ms. Velazquez: Thank you. Ms. Spiegelman: Thank you. (APPLAUSE) Vice Chairman Gort: Excuse me. Hold it. We have a big agenda to go. 121 April 26, 2001 Vice Chairman Gort: What's next? Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -9 is an appeal of a variance that was designed by the Zoning Board. The Planning Department has also recommended denial. It's for El Dorado, to be located at approximately 2450, 2460, 2468, 2490 Southwest 7th Street and 703 Southwest 25th Avenue. The request is for a parking variance in order to provide 83 parking spaces for the new El Dorado Furniture store, where the code requires 128 spaces. Again, this is a large commercial property. It was recently rezoned at the rear to make the commercial property even larger and the -- there is no justification for the hard -- for a hardship. The department recommends denial. Commissioner Sanchez: So, just for the record, there is no hardship? Ms. Slazyk: There is no hardship. It's a large property. It's regular configuration. There is no denial of reasonable use without this variance. Pedro Capo: Hi. For the record, my name is Pedro Capo. I reside at 1390 South Venetian Way, in the City of Miami. One of the owners of El Dorado Furniture Enterprises. Before you today, you have an opportunity to maybe make history and before, basically, we go into the details, I want to give you some background of the company itself, the business itself, to give you an idea of what this is entailing. The situation here is, El Dorado started in 1967 and then Calle Ocho, where you see the picture there, the old street and the original street. We still have that sign that you see on the side, the pole sign, and that was back in 1967. El Dorado has grown to be one of the top furniture companies in the United States. We're in the top 50 companies right now, from approximately 28,000 furniture stores in the country. For us to be here today and asking to make this appeal to reverse the decision of the Zoning Board, it's more of emotional issue, along with a hardship, to make an investment in this area. The particular elevation that you see there is the new building that we have proposed. And you have some fax in front of you on some of the statistics on why we think that the counting or the way the regulation is written, as far as the amount of parking needed for a furniture store, is not necessarily true in this particular case. Unfortunately, the Code reads that all retail businesses need specific parking spaces. In front of you, you have "Exhibit C", which you have some detail of a comparable supermarket, let's say, which is in the same category as a retail furniture store, and the average of our parking. We're talking about that, in the furniture business, being a high -ticket item, where we basically have -- it's around fifteen hundred dollar ($1,500) per sale, kind of per customer ... Vice Chairman Gort: For the sake of time, is anyone in opposition to this item? Is anyone in opposition to this item? No one in opposition? Yes, sir, go ahead. 122 April 26, 2001 Louis D. Cohen: Our family has owned ... Vice Chairman Gort: Name and address, please, sir. Mr. Cohen: Beg pardon? Vice Chairman Gort: Name and address, please. Your name and address. Mr. Cohen: Oh. Louis D. Cohen. My address is 12000 North Bayshore Drive, North Miami, and our -- is that good enough. Vice Chairman Gort: Yes, sir. Mr. Cohen: Our family has owned a 12 -unit house -- home -- apartment building that is across the street from the address that is specifically named here. Now, our building fronts on 25th Avenue, the rear of it, in the front -- on the other side is 711 Beacon Boulevard. Now, we have nine parking spaces and, actually, with the on street parking, we had enough for 40 years. Now, in the last few years, people have jumped the sidewalks, the curbs, to park on our lawns. Finally, we got rid of that, but putting up shrubbery. Now, they are parking in our spaces and they completely disregard the tenants, who live there, and sometimes there are heated arguments, and some day I expect somebody is going to pull out a gun and get rid of one of the interlopers. Now, I thoroughly agree with the denial, and -- this gentleman spoke about the high ticket sales that they make, but the people that we are having as tenants, they can't afford those high tickets because they just don't have the money, and if we were to sell the building and make a profit, 12 families would be out looking for new housing, which is very, very scarce around there. I vehemently am in back of the denial. Actually, there is no on -street parking. There's very, very little parking. You have to circle for hours sometimes before you can find a space. We need more off-street parking, not less. Vice Chairman Gort: Thank you, sir. Thank you. Anyone else in opposition to this item? Being none, close the public hearing. And let me tell you. My experience -- I've been on 81h Street since 1954 and I've seen the changes that have taken place. I've seen it go up and go down and thanks to the work that Commissioner Sanchez had done in that area and Commissioner Regalado, that area is coming back again, and I know we have to apply certain rules to retail and so on, but I have the experience that every time I've gone to the El Bodegon and Casa Juancho, I don't like to have valet parking. I've always been able to find parking right on 8th Street. This type of retail shop does not need that volume. There's not that many people going to the retail and I don't know if, when you analyze retail and you set up your parking for retail, you analyze the type of business and the type of individuals that will be going to this shop. I personally will not have any problem in approving this. I think this will be an improvement for this area and I think this will be an improvement for this gentleman's apartment that he's worrying about. So, I really, personally, do not have any problems. It's not my district, but I'll let the Commissioners of the district -- Commissioner Sanchez. Commissioner Regalado: Question. I have a question. 123 April 26, 2001 Vice Chairman Gort: Yes. Commissioner Regalado: Because District 4 starts across the street from Joe's district. Just a question. You'll be open from what time to what time? Mr. Capo: The customers from 10:00 in the morning to 9:00 at night. Commissioner Regalado: OK. Let me tell you why. There is a problem now in the south side of Southwest 8th Street with some prostitution. The police is doing what they can, but it's still there. I will tell you that such a beautiful place, with lights, with people, until late at night, will make them go away because crime is nowhere to be seen where there is light, where there is people, and I think it will be an enhancement to that area. I really do. And I -- I'm also in favor of that project. Vice Chairman Gort: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, thank you. First of all, let me just talk a little bit about the history. To start off with the history of El Dorado and la familia Capo, who have been there. One of the few exile companies that started Calle Ocho and, from what I hear -- I don't know if it's true and this is just irrelevant here -- is that you would give furniture in those days, and they pay later. What they're doing now -- but those are different times. Vice Chairman Gort: Well, you get a year's finance. You don't have to pay up to one year. Commissioner Sanchez: But looking at Calle Ocho and looking at what we have done for Calle Ocho -- and the Planning Department, in its way -- and this is a very tough call for me. It's a very tough call for me. But if you look at Calle Ocho, where we have been able to do -- and that picture right in front of me says it all -- if you look at in front of the business establishment, you have Casa Juancho. Casa Juancho, right now, is considered to be one of the best restaurants in Calle Ocho. Of course, Felipe Valls owns most of the good restaurants there. The building across is the street, which was just painted by the facade about six or seven weeks ago, maybe like four months ago, the building looks much better, the one across. If you look across from the building, you have El Bodegon, which is basically closed right now, and was struggling to keep abroad. But if you look at the businesses around it, you have (inaudible) to the left, I believe. That Sedano's is considered to be one of the busiest -- Sedan's on 8th Street and 8th Street, through the process of giving it a revitalization renaissance, an area that, at one time -- certain areas were flat -lined, economy wise -- economically wise. Now, we look at this project that's coming up -- and how many people will you be employing when you're done there? Mr. Capo: It's about 20 employees, more or less. Commissioner Sanchez: Twenty employees. More than what you have there now Commissioner Regalado: Make the motion. Come on. Commissioner Sanchez: Motion to approve. 124 April 26, 2001 Commissioner Regalado: Second. Vice Chairman Gort: Motion. Is there a second? Joel E. Maxwell (Assistant City Attorney): Commissioner. I'm sorry. But I must still ask that you have the applicant address the issue of hardship. Commissioner Sanchez: Yeah. Somehow or another you're going to have to state on the record some type of hardship. Now, let me ask you something. If you -- Mr. Capo, if, for whatever reason, you're not able to do your business or whatever -- you close shop tomorrow -- it's irrelevant but you close shop tomorrow. A supermarket could come there or a larger business could come there that may not even require the parking lot, which smart shop ... Ms. Slazyk: No. The parking is related to square footage, which they -- the hardship that they claimed was the nature of the use. Commissioner Sanchez: Well, this company sells a lot of furniture. Ms. Slazyk: Huh? Commissioner Sanchez: This company sells a lot of furniture. Ms. Slazyk: Yes. You know, the issue was that furniture takes up more space than people and, therefore, you don't need as much parking. But if it were ever converted, there would be a shortage. There would be a shortage. Commissioner Winton: If it were converted to a grocery store, for example, you would, in fact, have a parking shortage. And I think that's the only issue here that makes you nervous. I mean, having El Dorado Furniture expanding in that neighborhood is -- would be wonderful. You just - - but you have to -- you know, there is this little detail of weighing the long-term effect. Mr. Capo: Well, the hardship that we see is other counties and other cities within this South Florida area have changed their use for furniture, specifically, and that's where the hardship comes in. I mean, we've been characterized as a retail business. Now, the fact that -- there's some information in front of you where basically you have the supermarket kind of game and all that kind of stuff, as far as parking and spaces and everything else. Vice Chairman Gort: The problem in here is, when you relate it to any other retail businesses, the amount of individuals going in to make this business go is a little different from this. The average ticket for any other business could be anywhere from five to a hundred dollars. The average ticket in here, you're talking about a thousand dollars ($1,000). You're talking about less people to make it possible and that, in itself, is providing a hardship for this type of retail shop. Commissioner Winton: There is -- you know, there is a way to potentially have our cake and to eat it, too. That is, to protect the long-term success of the neighborhood, if the furniture store 125 April 26, 2001 closes, and the way you do that on a site like this is require the owner of the building, if they decide to close El Dorado Furniture and move out, that they have to reduce the size of the building to then match up with the parking requirements for standard retail, and... Mr. Capo: I would -- on that particular case; there are other options without necessarily saying reducing the size of the building. Eventually, if some -- if we would, in fact -- God forbid, we close the shop, somebody can literally maybe do second parking and do go up or whatever. So, you have to be careful with how you word it so it doesn't become a hardship for somebody else coming behind or else, himself, trying to, you know, get the other building, whatever. Commissioner Winton: Could you do it so that this becomes a condition that if El Dorado Furniture goes away, that the ... Ms. Slazyk: The variance goes away. Commissioner Winton: That the original parking requirement Mr. Maxwell: No. But it runs with the land. Can't do it that way. That wouldn't be the way to do it, unless they wanted to voluntarily proffer that. They want to volunteer that, as a condition, that... Commissioner Winton: Volunteer what? Mr. Maxwell: As a condition. Vice Chairman Gort: A covenant. Mr. Maxwell: Which is what you just requested. Commissioner Sanchez: Mr. Capo, would you volunteer that as a condition? If you were to sell the business, it would come back ... Vice Chairman Gort: You volunteer to do that? Mr. Maxwell: They would have to enter into a covenant that would... Commissioner Sanchez: You would have to enter into a covenant. Mr. Capo: That could be a thought. I would hate to -- as a businessperson, I would hate to put a condition on the property for other use. I mean, there are other uses that we can do, other -- which -- were recommended by Lourdes and their staff, which is actually acquire extra lots in the future to accommodate the parking and so forth. I mean, when we're talking about reducing the building and all that kind of stuff, it's a lot of iffy. So ... Vice Chairman Gort: No, no. The covenant will state -- and correct me, Commission -- Mr. Attorney, your covenant is, if you were ever to not have a furniture store in there, whatever 126 April 26, 2001 business will go in, will have to comply with the parking requirement. In other words, if you were to move your furniture store out -- you don't have to touch your furniture. What you would do, you would write a covenant with the people who had to comply with the required parking. OK? Mr. Capo: That's good enough. Commissioner Sanchez: So, do you agree to that on the record? Mr. Capo: Yes. Yes, I do, on the record. I agree with that. Commissioner Sanchez: So moved, with those conditions. Commissioner Regalado: Second. Commissioner Winton: Second. Vice Chairman Gort: 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. 01-360 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), GRANTING THE APPEAL AND REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO WAIVE 45 OF THE REQUIRED 128 OFF-STREET PARKING SPACES, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2450, 2460, 2468, 2490 SOUTHWEST 7TH STREET AND 703 SOUTHWEST 25TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," CONDITIONED UPON A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 127 April 26, 2001 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 Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort NAYS: None ABSENT: None Vice Chairman Gort: Thank you. 128 April 26, 2001 30. CONTINUE CONSIDERATION OF APPEAL OF ZONING BOARD DECISION WHICH DENIED SPECIAL EXCEPTION TO ALLOW MINI -STORAGE FACILITY FOR PROPERTY LOCATED AT 5201 SW 8TH STREET. Vice Chairman Gort: Question. Item 10. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -10 is also an appeal of a special exception that was denied by the Zoning Board, but the Planning and Zoning Department recommended approval. It is to allow a mini storage facility at 5201 Southwest 8th Street. For this particular item, I'd like you to look in your packages. The Planning Department worked very hard with this applicant to make sure that the mini storage facility, because of its location, didn't look like one. It looks like an apartment building. It is -- it borders a neighborhood, as a use, it is a use that residential areas need. A lot of the homes in the area here were built a long time ago. They're smaller homes. People need extra storage. This is on 8th Street. It's a commercial corridor and it looks like an apartment building. The only condition that we would add, above and beyond what we already recommended for this project, is that the signage be modified from what's in your package to be individually mounted letters instead of a box sign. That would help to, again, keep a residential low-key type appearance to it. We believe that it's appropriately designed; appropriately sighted. We even worked with them to make sure that all the ingress and egress and the parking were internal to the project. It's not going to be outside parking lot. It's going to look completely residential. So, we would recommend reversing the Zoning Board and granting the appeal. Commissioner Winton: I have one question in terms of your recommendations and that is that one of the things that's happening on Southwest 8th Street, that's probably is as exciting as anything, is that we are seeing people come back to the street, pedestrian activity on the street, which is the kind of thing that we all know make cities work, and is there any -- I don't know how long this is. I mean, is this a half a block or one block or quarter of a block long? Ms. Slazyk: It's a little over half a block. Commissioner Winton: So, it won't have any impact in terms of people walking by, whether or not there's any ... Ms. Slazyk: Not really. As long as the trees Vice Chairman Gort: Excuse me a minute. Could you please ask the meeting that's taking place outside to take it out some other place? Thank you. Go ahead. I'm sorry. Ms. Slazyk: If the trees are done -- you know, if they're big enough and it's shade trees, as long 129 April 26, 2001 as it's a walking -- a pleasant walking environment, it isn't going to -- it's not big enough to disconnect the pedestrian. Commissioner Winton: Thank you. Vice Chairman Gort: Johnny, my understanding is, in that section of Southwest 81h Street is completely different. When you really have a lot of walking taking places west of -- I mean, east of 27th Avenue, which is -- that's why the Latin Quarter was created and so on. This is a more commercial and automobile transit than pedestrian in this area. Is anyone in opposition to this item? Is anyone in opposition? OK. We'll make the... Commissioner Regalado: I've got a question here. Vice Chairman Gort: Go ahead. Commissioner Regalado: Lourdes, I thought that, in that lot, there was going to be an apartment building, or so we were told some... Ms. Slazyk: I hadn't heard there was an application that I know of, but an application for an apartment building would not have come to the Planning Department, unless it needed a special permit or a variance. The property is zoned C-1 and a mini storage facility is permitted under C- 1 by special exception. What we do for a mini storage facility in C-1 is look at mitigating conditions. The apartment never came back, I'm being told. There is no -- I mean, this is the application pending. The mitigating conditions that we put on this were things that we worked out with the applicant early on, like what the building looks like, make it compatible, visually, with the neighborhood by making it look like an apartment building, and the ingress and egress of the cars and the vehicles that are going to be bringing things to and from the mini -storage. And, again, if you look in the package at your plans, all that's internalized to the project. The impact of the street to the neighborhood has been mitigated through the design. Commissioner Regalado: How will you do that? Ms. Slazyk: Well, that's how they did it. The design... Commissioner Regalado: No, I mean the impact of traffic, in terms of.. . Ms. Slazyk: It's all internal. They're not going to be having big commercial parking lots open to the air. It's under the building. The cars come in and it's all internal to the project, so there is no visual impact. 130 April 26, 2001 Commissioner Regalado: How many residents abut that property? Ms. Slazyk: There are four properties that abut this property on the rear, but they meet their setbacks, they meet the separation. They're not asking for any variances. Vice Chairman Gort: Why is it a conditional use if it's a commercial area? Ms. Slazyk: Because of the mini -storage. We want to look at where cars come in and out and truck and loading, and the visual impact... Vice Chairman Gort: So, in other words, any other business is going to go in there and will not have to go through all this. They have to go with you? Ms. Slazyk: We would have never seen it. That's right. Vice Chairman Gort: Because there's something special and different, it has to go through all the other conditions? Ms. Slazyk: Yes. Vice Chairman Gort: OK. Ms. Slazyk: And, then, when they came in with the application, that's when we met with them and we said, you know, we want it to look like this; we want it — you know, we want to make sure the traffic is taken care of, and it was all handled through design. Vice Chairman Gort: OK. Thank you. Yes, sir. Mr. Robin Lukacs: Robin Lukacs on behalf of the applicant, with an address of 1701 South Miami Avenue. As Lourdes has mentioned, the applicant has met with the City on this application for special exception for this permitted use within the C-1 area, and they spent a substantial amount of time redesigning the facility, the location of the facility, meeting certain height requirements. There are no height limitations in the area, but it's been stare -stepped to assist the residential neighborhood, which abuts in the back. There is a 14 -foot alley, which actually separates this property from the residential neighborhood. With regard to visual impact, the fagade has been redesigned on this facility to make it more conducive to the environment. Across the street, on the north side of Stn Street, is a local supermarket; catty -corner to this facility is Vencor Hospital; across the street are some commercial apartments, formerly an apartment building, a residential. It's now been converted into commercial office use. All of the internal parking, all of the internal loading and unloading is going to be conducted within the 131 April 26, 2001 facility, underneath the facility, without any public view from the right-of-way. No industrial uses will be made on this property. That was a prior concern. Although, this is a mini -storage facility, there will be no commercial uses. It's going to be mainly for the residential neighborhood, for this surrounding residential neighborhood. It is a beneficial use, as was found by the Director of Planning and Zoning. The demographics that have been conducted by the applicant actually support this use for the surrounding neighborhood. No hazardous materials will be permitted in the facility, and, so, we want to give you certain assurances as to those. Actually, traffic was a question and I'd like you to know that this is a low traffic type of facility. We will not be creating or generating any great traffic usage out there. Across the street, a local supermarket has a substantial amount of traffic and by putting in a facility such as this; we believe it helps the area by minimizing any impact upon the traffic in the roadways. The zoning code says that a facility such as this would be ideally located upon an arterial roadway, which it is, Southwest 8th Street and Southwest 52nd Avenue being on the corner. The applicant has spent a substantial amount of time and will be spending a substantial amount of money, approximately two hundred and fifty thousand dollars ($250,000) in the redesign of this facility to meet the requests of the City of Miami Planning and Zoning Department, that is to create a facility which compliments 8th Street and which has a good view to the public rights -of way. And the applicant has agreed to do all of this. And, as I said, it is a substantial expense, which the applicant is willing to do. A state-of-the-art security system is going to be incorporated into the facility. They're going to have closed circuit television, maintaining good security levels so we won't have any crime in the area; safety lighting will be incorporated as well. Commissioner Regalado: What would be the hours of operation? Mr. Lukacs: The hours of operation for this facility will be Monday through Saturday, 7:00 a.m. to 9:00 p.m. and Sunday, 9:00 a.m. to 5:00 p.m., and those hours are actually narrower or less than those hours on the La Roca Supermarket, which is directly across the street. La Roca presently operates from 7:00 a.m. to 9:30 p.m., Monday through Saturday, and on Sunday from 7:00 a.m. to 8:30 p.m. Vice Chairman Gort: Thank you, sir. Those in opposition. Ramiro Rivera: Good evening. Thank you very much. My name is Ramiro Rivera. I represent Montes de Oca Pizza, 5241 Southwest 8th Street, which is the property directly next door to this one here. Beginning 1999 we underwent the Southwest 81h Street Project and was a tremendous burden on the entire community, everything that went on, but in the end, the street looks better. There's more movement. The businesses are coming back. We're starting to recuperate. And throughout the whole process, from the Governor to Commissioner Regalado, to all the Commissioners who took part the year round the project was going on, we're trying to make a comeback, and then we had a positive input in trying to get the businesses to continue growing, 132 April 26, 2001 to bring people to the neighborhood to continue buying. I know property values have gone up because of the fact that the street itself, the main artery is as healthy as it is, and that's always a buying incentive for someone who wants buy a home in the neighborhoods. This type of building is doing nothing for the neighborhood or the community. The community at large, in and around the building, are private homes with yards, sheds, plain storage. I think you'll see by the outcome of people here, blue collar working people, who are currently aren't even home at this hour, will continue working, and in my opinion, if someone has to work until this hour to maintain their home, they're not going to have enough money to put away storage, but directly across the street is Coral Gables and I think that's what target is for these people and the incentive. They're not allowed to store things in their back yards; they're not allowed to have sheds; they're not allowed to have these things, and neither is this type of building is allowed in Coral Gables because it's unsightly. So, the few six -story buildings that you'll see from the Palmetto to the college, if I'm thinking correctly, there are no other six -story buildings, and less a mini -storage. This is a hundred and some odd spaces, with 14 parking spaces underneath. One Saturday or Sunday, this could be a tremendous impact on our neighborhood, on the children playing in and around the building, granted there's a supermarket that's been there for years, and you know, when you have something there for years, you become accustomed to it; you work around it; you know it's there; you educate yourself to the fact that it's there, and now we're bringing another tremendously large entity into the community. I don't see where a hundred and some odd units and 14 parking spaces isn't going to impact the area. To me, it's going to be a tremendous impact. I know everybody that's going to — you know, lives in and around the building. The other thing is that I doubt the four or five properties that are behind the building are going to want to get up every morning and look at a six-foot structure in their back yard. There's going to be a tremendous impact on property value. It's going to be an impact on my property, on my business; it's going to be a direct impact on the people behind, tremendous impact, I would imagine. There's another issue, which I'm just going to touch on slightly. The property used to be a gas station. It's a property that's heavily contaminated and throughout this whole entire process, no one, on their part, has addressed this issue or has made an effort to present either DERM (Department of Environmental Resources Management) or any other federal agencies as to how this clean-up is going to be brought about or whatever. Vice Chairman Gort: My understanding is, if they have problems with DERM (Department of Environmental Resources Management) and there's a contamination, they will not get a permit. They can't get a permit. Mr. Rivera: No. That's not what DERM (Department of Environmental Resources Management) tells me. That's not what DERM (Department of Environmental Resources Management) tells me. As a matter of fact, DERM (Department of Environmental Resources Management) has been trying to get a hold of them since last month and there's been no response, OK, and that issue bothers me, and I know about this personally because, as the project 133 April 26, 2001 was going on on the corner of 52nd Avenue, they put a drain in. This drains about 100 yards from my business. They dug five feet down. I'm sitting in my office and I said gee, you know, I think someone's tank ruptured in my parking lot. I went outside. There was three or four cars out there. I looked around. It wasn't coming from my parking lot. When I walked to the corner, the residue of gasoline and petroleum that was at a five-foot level was overwhelming. The odor, again, a hundred yards from the hole, was incredible. Was incredible. What's going to happen when they start disturbing the dirt and the drain? That's another issue. But what I don't see also in the front of this building is the actual name of it, which is also pretty impressive, which says -- give me a second here -- Gables Edge Storage. Gables Edge Storage. That's the name of the building. And if that doesn't tell you that they're targeting people who do not live in the area, but the people who actually live right across the street, I don't know what else does. This is not anything for the community. The community has not been thought of in any way or form during the whole process, from A to Z. There are a lot of open ends here. There's a lot of things that are -- just don't do anything for the community. Nothing at all. And I don't understand what a six- foot storage facility would fit into our community. I really don't. Thank you very much. Vice Chairman Gort: Thank you. Anyone else? Joel E. Maxwell (Assistant City Attorney): Mr. Chairman? Vice Chairman Gort: Yes. Mr. Maxwell: Just for the record, most of the comments made just now were relevant. That last comment was not relevant about the neighbor and ... Vice Chairman Gort: No. I understand. You have to let people speak what they want. Mr. Maxwell: I understand. Vice Chairman Gort: Yes, ma'am. Ms. Natalie Marie Leon: Natalie Leon. I am a property owner directly behind the proposed six - story storage unit, and I am here just to say that I... Commissioner Winton: What do you own behind there? Ms. Leon: Excuse me? Commissioner Winton: What do you own? 134 April 26, 2001 Ms. Leon: A home. Commissioner Winton: Single-family home? Ms. Leon: Yes. Commissioner Winton: OK. Thank you. Ms. Leon: Three-bedroom. My property value will depreciate and because I have heard of the contamination, I'm also concerned about that. I have a four-year old son that plays in the back yard directly behind -- in that alley that was pointed out, and I just wanted to present that. Vice Chairman Gort: Thank you, ma'am. Ms. Leon: Thank you. Vice Chairman Gort: Question, staff. Yes, sir. Carlos Gil: My name is Carlos Gil. I am the President of Gil Enterprises. We're developers in Dade County. Vice Chairman Gort: Your address, please, sir. Mr. Gil: I'm sorry, sir? Vice Chairman Gort: Your address. Mr. Gil: 409 East San Marino Drive, Miami Beach. Our office is in Miami, and we own quite a few properties in the City of Miami. In fact, I would say that 95 percent of the properties that we own, they all located in the City of Miami. I own the property adjacent to the property. I think what we're missing here the point -- the most important point that we have to bring up here -- and I see that you feel very strong about this because what -- I've been sitting here for a little while and I heard about all the -- how hard you people work on 8th Street and the project and what you people were able to make out of 8th Street, what 8th Street is today. As a matter of fact, we owned a lot of properties on 8th Street. I think what they're trying to do, they're trying to make an industrial section out of what has no variance whatsoever with the rest of the merchants, with the rest of the buildings -- this is something that will not mix at all. I'm not concerned about the fact of the height or the setbacks or the parking. This is like taking an office complex and then having a car lot dealer right in the middle of that complex. It's a complete totally out of mixture, when it comes to what you should be or what you should have there. I think that what you 135 April 26, 2001 people were able to accomplish on 8th Street is like this boulevard -- corridor in which you have retail offices, businesses, and now you're saying we don't want this anymore, after we spent all this money and after we spent all this time and after we spent what we spent, and after the hardship that the merchants had to go through for more than two years. Now we're going to convert this into an industrial because, in my book, being in that building for 32 years and many warehouse falls under the category of industrial and this is not industrial. This is strictly C-1. It's not even a C-2, a C-3 or C-4, nothing like that. You're jumping from C-1 to industrial. I think this is completely absurd. I don't -- it would be -- thank you very much. Vice Chairman Gort: Thank you, sir. Anyone else? Anyone else to speak in opposition? Being none, you have a few minutes for rebuttal. Mr. Lukacs: First, I'd like to say that this is a permitted use under the C-1 restricted commercial zoning code. We're only here on the denial of an application for special exception. We're not seeking any variance from the current requirements of the -- and specifications of the Zoning Code. In fact, this facility design meets and exceeds all of those requirements, setback and floor area ratio, parking and what have you. The use of the property is not an industrial use. That word wants to be used, but that's not what is occurring here. It is not permitted in the area. This is a mini storage facility. Typical size units of five feet by five foot -- five by ten foot, which will be used by the residential neighbors. The demographics of the applicant support the use of this facility in the area. With regard to height, there is no height restriction on this property. If we wanted to, the applicant can move forward with regard to a residential facility, put a parking garage and build their residential facility on top of it and far exceed the height of this structure as being presented right now. That could be seen down on 8th Street, at approximately 23rd Avenue, where a new facility is going up on the north side of the street, and is approximately14 stories. We are not proposing any such use for this property. In fact, we've even been sensitive to the needs of the neighborhood by stepping back the height of this facility, as it abuts the residential neighborhood. Coral Way architects, Albert (inaudible), the responsible architect has designed this facility, can show you on the map here that it's actually with the area that abuts residential neighborhood, it is a stair step back from a four-story, transitioning into the higher up portion of the building, which then fronts on 8th Street. There is some other comments that I don't feel warrant any response. Coral Gables is not an issue here. This is a City of Miami property. This applicant is located within the City of Miami and they're seeking approval from the City of Miami for a use which is permitted under the zoning code, only needs to come based upon an application for special exception, to be sure that it meets the Planning Department requirements, and it has. The analysis for special exception submitted by the Planning and Zoning Department says, it is found the proposed mini storage facility will be beneficial to the area in providing a much-needed service to the general service. It is found that the proposal is an appropriate use for C-1 restricted commercial zoning designation. It is found that the plans submitted comply with all zoning requirements, including parking and open space. It is found that the proposed facades 136 April 26, 2001 are well designed and are appropriate. It is found that the plans submitted by the applicant are in compliance with respect to all other criteria listed in section 1305 of Zoning Ordinance 11000. Based on these findings, the Planning and Zoning Department is recommending approval of the application as presented. Vice Chairman Gort: Thank you, sir. Excuse me. We have a system here. If anybody would like to ask you a question -- any board member will ask you -- a question of the gentleman. Go ahead, sir. But I don't want to have rebuttal back and forth because we can't be here all afternoon. Mr. Gil: I understand. I understand. This is -- they're talking about exception under the C-1. It is true, they can do -- they can apply, but that doesn't mean that -- the fact that they're -- this is going to be comparable to the industrial use. So, in other words, it's an exception to the rule that it can only be allowable as long as it will make sense. So, this is all I wanted to add onto the ... Vice Chairman Gort: Thank you, sir. Planning. Now, we'll close the public hearings. Comments -- two questions. Once again, I'm going to go -- what can be built in there right now? Forget about that. Ms. Slazyk: C-1? Vice Chairman Gort: Yes, C-1. Vice Chairman Gort: How high can it go and what can go in there? Juan Gonzalez (Chief Zoning Inspector, Planning and Zoning): Juan Gonzalez, Planning and Zoning. Right now, C-1 allows unlimited height of residential retail, restaurants, and, in fact, prior to this application, there was -- they came in for a proposed apartment building and never came back, but C-1 would allow multiple uses, including a mixed use. Vice Chairman Gort: OK. Thank you. Question on DERM (Department of Environmental Resources Management). Commissioner Regalado: That's why I asked -- excuse me. That's why I asked about the apartment building, because I new about the apartment building. They said at the beginning that apartment building was going to be built there. Mr. Gonzalez: Correct. The interested parties never came back. So, apparently, it didn't come to fruition during the negotiations. 137 April 26, 2001 Vice Chairman Gort: The market wasn't there for it, guys. Let's face it. Market -- now, do I have a question. My understanding, that corner, that's where the gas station used to be, and my understanding, the gentleman stated that people can go -- and that's not my understanding, so I want clarification on this, that if there is contamination, we, the City, can't allow the people to go ahead and build and not take care of the contamination. Dena Bianchino (Assistant City Manager): The procedure is that, before they get their building permit, their plans have to be signed off by DERM (Department of Environmental Resources Management). Vice Chairman Gort: In other words, nothing can be built there unless DERM (Department of Environmental Resources Management) agrees and there's no contamination, and if there is, it has to be cleaned up; am I correct? Mr. Maxwell: They have to meet all EPA (Environmental Protection Agency) regulations. Vice Chairman Gort: I just want to make sure that's stated on the record, so the people understand. OK. Comments, board members? Questions? Motions? Commissioner Regalado: Yes. Thank you, Mr. Chairman. Motion to deny the appeal. Commissioner Teele: Which item is this? Commissioner Regalado: Item 10. Vice Chairman Gort: It's a motion to deny the appeal. Commissioner Sanchez: Second. Vice Chairman Gort: Motion and a second. Discussion? Commissioner Teele: Mr. Chairman? Mr. Maxwell: This is iteml0? Vice Chairman Gort: Yes, sir. Mr. Maxwell: If you -- the Zoning Board, just for clarification purposes, Mr. Chairman... Commissioner Teele: I'm a little -- could you help me, Mr. Maxwell, and Ms. Slazyk ... 138 April 26, 2001 Mr. Maxwell: The Zoning Board denied this request for special exception. What you have before you now is an appeal of that denial. If you want to uphold the Zoning Board, therefore denying the application, then you would, of course, vote to deny the appeal. If you wanted to allow that use, you would vote to reverse the decision of the Zoning Board; therefore, granting the appeal. There was a motion to deny the appeal. Vice Chairman Gort: There's a motion and there's a second. Any further discussion? Commissioner Sanchez: Call the question. Vice Chairman Gort: Before I call the question, I'd like to make this statement. Once again, which I believe is very important, my understanding is, this application has to go through a stream because of the special condition, stream conditions that you impose to it. My understanding, anyone else can go in there and build a six-, seven -story high building, according to the park and all that, which will create more traffic and so on, and within that area. At the same time, the (inaudible) landscaping, you have asked, required to be put in there is not -- would not be part of it. An example I'd like to bring is, 22nd Avenue and Dixie Highway. If you go to 22nd Avenue and Dixie Highway, we had vacant lots in there, which we had several petitions in here with the -- the people were against drive -up tellers. We had a couple of banks that wanted to put up a drive-by teller with one-story building, where the people come in and make the deposit. Well, the neighbors came and they denied it. They didn't want it. And we went for it and if you have a chance, go by 22nd Avenue and Dixie Highway and see what's building there now. So, that's a different ball game. So, I feel, I would not be in favor of this. Commissioner Teele: Well, my concern is, first of all, we have a five to four vote and lower, is that right? Vice Chairman Gort: That's correct. That's right. Ms. Slazyk: That's correct. Commissioner Teele: Which is... Commissioner Winton: We have a what? Vice Chairman Gort: At the Zoning Board, it was 5/4. Commissioner Winton: Oh. 139 April 26, 2001 Commissioner Teele: Which is essentially a tie. You have the Planning director's recommendation to grant; am I correct, to grant the use ... Ms. Slazyk: Grant the use, yes. Commissioner Teele: The use -- yeah, grant the use with the landscaping, the dah, dah, dah, dah, dah. But I'm just -- I'm a little bit concerned that -- what is the basis for the denial? What would be our basis -- give me the standard for the denial. Ms. Slazyk: For the denial, you would have to look at the criteria of 1305, which we quote often. You would have to find reasons of, you know, drainage or traffic or ingress or egress, or potentially adverse affects generally. If there's something in this scale in character and manner of operation, that would have an adverse affect... Commissioner Winton: All the same things we've discussed last night. Mr. Maxwell: You'd have to have testimony on the record to support that. Commissioner Winton: At length. I remember a vote on those same issues last night coming from that end of the dais, Commissioner Regalado. Commissioner Teele: That's why I'm being troubled, because... Commissioner Regalado: No, no, no, no. Let me tell you this, Johnny, because I think that you are... Commissioner Winton: I'm curious to hear this. Commissioner Regalado: You're comparing avocados with mangos here, instead of apples and ... let me tell you: You were talking this morning about a clinic in Brickell, which... Commissioner Teele: This morning? Commissioner Regalado: Yes, this morning. About a clinic in Brickell, which cater to the rich and the beautiful. I was talking about a clinic with crazy people urinating in right the front doors of neighbors in that area. Commissioner Winton: You're missing the point, though, Commissioner Regalado. Commissioner Regalado: No, no, I'm not missing the point. 140 April 26, 2001 Commissioner Winton: It isn't those uses that's at issue here. It's... Commissioner Regalado: No. The issue here -- and the issue here is not about the size of the building. It's not even about the design of the building. It's about having in Southwest 8th Street another thing, a better thing, and I think that they can do better. I think that -- you know, I would be happy with an apartment building. I would be happy with an office building for doctors and attorneys and lawyers. I would be happy with -- it's only two blocks away -- you have two beautiful stores that sell lamps and light. You go by that place during the night, and it's like Christmas 365 days a week. And this is a mini -storage and I really appreciated what they're trying to do, come here to the City and do that, but I cannot see the future. This is -- I mean, if they -- if you tell me, oh, they're going to change the whole building, the structure, and they're going to build like another Atlantis in there, but it will still be a mini warehouse, I still be opposed. So, I'm not opposed to the thing that you're talking about. I'm opposed to the use. Commissioner Teele: Could I just see the site plan while they're talking about this? Commissioner Winton: Commissioner Regalado, I... Commissioner Teele: Could I just see what the architecture, again, looks like? Could you hold it up? I can't see it. We need an easel. Vice Chairman Gort: The one thing you need to look at is how long has that been vacant? It's been a lot more than three years. Mr. Gonzalez: Almost three years. Vice Chairman Gort: It's been a lot more than three years. Mr. Gonzalez: Yeah, yeah. Vice Chairman Gort: I go by there quite a bit. It's been there vacant for a long time, and that's a prime corner, let me tell you. Eighth Street, on that corner, is a prime corner. They've had a lot of buyers and nobody's been able to build anything because -- and you're in the business. You're business people. The market is not there. OK. Commissioner Winton: Commissioner Regalado, I have to completely... Commissioner Regalado: Johnny... 141 April 26, 2001 Commissioner Winton: --agree with what you just said because what you're objecting to is a use that's not in keeping with the character of the neighborhood that you're looking for, and I agree with that wholeheartedly. That's the point I've made every single time I've talked about these things and I've tried to reject in my neighborhood what you seem to vote for every time. I'm in complete agreement with you here. Commissioner Regalado: Not at all. Not at all. Because, if you remember, the neighborhood only rejects the work, not the use. They would like the clinic, but not the work of the clinic. That's what my understanding is. Commissioner Winton: No. They were really getting at -- it was only a tool to get at the real issue, which was the whole issue of landscaping in that whole deal. Joel E. Maxwell (Assistant City Attorney): Commissioner, pardon me. Vice Chairman Gort: I promise we'll have another day where we will have... Mr. Maxwell: (Inaudible) litigation. Commissioner Winton: I can answer the question that he asked me. Mr. Attorney, I can answer the question he asked me. The Chairman can decide, I can't. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: We're going to have... Commissioner Teele: Mr. Chairman, I think we should all be cognizant, though... Mr. Maxwell: What I was going to advise you... Commissioner Teele: -- that this is a record of a quasi-judicial proceeding about this item that's before us. The record that we're making, when we talk about other items, really leaves it a little bit confused, perhaps. Vice Chairman Gort: I promise you, we'll have a workshop ourselves, with the Planning Department, our Zoning Department, to go overall these items in a different places. Commissioner Teele: This is -- but, you know -- the building itself is a rather handsome building. I mean, that's -- I'm not sure which way I am on this Atlantis revisited, but I think we are supposed to really focus in on the compatibility in the neighborhood and the traffic. 142 April 26, 2001 Vice Chairman Gort: Let me ask you a question. For the sake of saving and -- like I said, I'm the oldest one here and I've seen a lot of these cases. Commissioner Regalado: Well, you're here -- the one with more time on the Commission, not the older. Vice Chairman Gort: The more time and I'm the oldest too, and the more time the Commission (inaudible) why don't we continue this item. Let's have a chance of these individuals get together with the people in opposition and let's look at all the different alternatives before we make a decision today. I personally think -- my personal feeling is, this is a great benefit. You have a spot that's been empty for so many years; it's unbelievable. Don't make your head. Because I go by there everyday; I know the place very well, and businesses are there -- you haven't had any new construction there in a long, long time. So, why don't we -- instead of denial, why don't you have a deferral and have a chance to get together and talk to the neighbors and show them what the intent is? Commissioner Teele: Mr. Chairman, I don't know if the district Commissioner will make the motion ... Vice Chairman Gort: I'm asking that to the maker of the motion. Commissioner Teele: I'll be happy to make the motion to defer, unless you strongly object, Commissioner Regalado. Mr. Maxwell: You have a motion to second on the floor, I believe. Commissioner Teele: Yeah, but doesn't a motion to defer take precedence under Robert's Rule... Commissioner Sanchez: No. Mr. Maxwell: No, sir, I don't think so. Commissioner Sanchez: No, it doesn't. Got to vote it down. Commissioner Teele: Well, you can withdraw it, too. Mr. Maxwell: He can withdraw his motion. Commissioner Sanchez: We'll withdraw it. 143 April 26, 2001 Vice Chairman Gort: Withdraw the motion. Commissioner Regalado: I don't have any problem to come back on the 24th, if that is the case. I don't have any problem at all. Unfortunately, some times -- this, frankly, caught me by surprise because I didn't have any information, other than what I saw on the background material, but it's -- I didn't know about the residents, nor about the project itself. I always thought that we are -- we were going to approve an apartment building there. That's what I thought. I was told several months ago, almost a year ago. So, I don't have a problem of withdrawing the motion and continuing to May 34th (sic) -- 24th. May 24th. Vice Chairman Gort: Does the applicant have any problems with that? Mr. Lukacs: Applicant has no objection and would welcome a continuance to the 24th Vice Chairman Gort: OK. My suggestion is, get together with the neighbors also, not only the business right next to you, but get together with the people that live in the area. That's very important too. The residents that live in the area. I think... Commissioner Teele: And in fairness to the neighbors that are here, can we try to have the item up early so that we don't waste a lot of their time? Vice Chairman Gort: I think, as a courtesy -- be the first item on next -- next time or, if they want a time certain, we'll do it at six o'clock so all the people can be here. OK. Make sure you get together with your neighbors and make the presentation to the neighbors. Make sure... Commissioner Sanchez: Well, time certain after 5 p.m. Vice Chairman Gort: Time certain after 5 p.m., so all the blue collars could be here. No problem. Okey doke. Commissioner Teele: Second the motion. Vice Chairman Gort: Do I have a motion to defer? Mr. Maxwell: Continue. Vice Chairman Gort: It's continuing to the 24th Commissioner Teele: With no further notice being done. 144 April 26, 2001 Vice Chairman Gort: Right. OK. 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. 01-361 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ -10 (APPEAL OF ZONING BOARD'S DECISION, WHICH DENIED A SPECIAL EXCEPTION TO ALLOW A MINI -STORAGE FACILITY FOR PROPERTY LOCATED AT APPROXIMATELY 5201 SW 8TH STREET) UNTIL THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 24, 2001, AFTER 5 PM, TO AFFORD THE APPLICANT (S) AN OPPORTUNITY TO GET TOGETHER WITH THE NEIGHBORS IN ORDER TO RESOLVE THEIR CONCERNS. Upon being seconded by Commissioner Teele, 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 Mr. Lukacs: Thank you for your time. 145 April 26, 2001 Lourdes Slazyk (Assistant Director, Planning and Zoning): OK. PZs 11 and 12 are companion items for land use and zoning change for the property at 2744, 5284, 2800 Southwest 7"' Street, from duplex... Commissioner Sanchez: So moved. Commissioner Winton: Second. Commissioner Sanchez: Come on. We've got to get — we're never going to get out of here. Mr. Joel Maxwell (Assistant City Attorney): It's an ordinance. Commissioner Sanchez: It's an ordinance. Commissioner Winton: Read it. Commissioner Sanchez: There's a motion and a second. Read the ordinance. Mr. Maxwell: "An ordinance of the Miami City Commission amending the future land use map of — Commissioner Regalado: And that is supposed to be my district. I know. I know. I'm just... Commissioner Sanchez: It's all right. You and I share districts. You take three and I'll take four. I mean, we — three and four and four and three. Commissioner Regalado: OK. No problem. I'm happy. Commissioner Sanchez: 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 THE LAND USE DESIGNATION OF PROPERTIES LOCATED AT APPROXIMATELY 2744, 2752, 2784, AND 2800 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM RESIDENTIAL DUPLEX TO MEDIUM- DENSITY/MULTI-FAMILY RESIDENTIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 146 April 26, 2001 was introduced by Commissioner Sanchez, 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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None The ordinance was read, by title, into the public record by the City Attorney. 147 April 26, 2001 Lourdes Slazyk (Assistant Director, Planning and Zoning): Next is a companion, PZ -12. Commissioner Regalado: Ok. Oh, 12. I'm sorry. Move it. Vice Chairman Gort: Move it. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Is there any discussion? Is anyone in opposition on this item? Being none, roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING PAGE NO. 33 OF THE ZONING ATLAS OF ZONING 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 R-2 TO FAMILY RESIDENTIAL, WITH SD -12 BUFFER OVERLAY DISTRICT TO R-3 MULTI -FAMILY MEDIUM -DENSITY RESIDENTIAL DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2744-2784 SOUTHWEST 7TH STREET AND 2800 SOUTHWEST 7TH STREET, MIAMI, FLORIDA; LEGALLY DESCRIBED IN ATTACHMENT `EXHIBIT A;" CONTAINING A REPEALER PROVISION AND, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 148 April 26, 2001 was introduced by Commissioner Regalado, seconded by Commissioner Sanchez, and was passed on first reading, by title only, 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 The ordinance was read, by title, into the public record by the City Attorney. Vice Chairman Gort: Thank you. Unidentified Speaker: Thank you, Mr. Chairman, Mr. Commissioners. 149 April 26, 2001 Vice Chairman Gort: PZ -13. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -13 and 14 are companion land use and zoning changes. For the properties for the land use, it's for the properties on — long list of addresses — 323-405 Northeast 19th Street, 340, 354, 357, 362, 365, 372, and 375 Northeast 20th Street, 340 and 360 Northeast 20th Terrace, and 2010 North Bayshore Drive, from high density, multi -family residential to restricted commercial. On PZ -15, which is the companion zoning item, is to apply — I mean, PZ -14 -- I'm sorry — companion zoning item, is to apply SD -6 central commercial/residential district to the property. Commissioner Winton: So moved. Commissioner Sanchez: Second. Vice Chairman Gort: Motion and second. Any discussion. At one time there was going to be — the North Bay South -- Shore Drive was going to continue, and there was an agreement with this property to continue the road. Is that still in here? Vicky Garcia -Toledo: Yes. Vice Chairman Gort: So, the street will still be dedicated to this? Ms. Garcia -Toledo: Yes. Yes, absolutely. That is part of the replatting, which should be before you over the next couple of months. Vice Chairman Gort: Thank you, Vicky. Is anyone in opposition to this item? Is anyone in opposition to this item? Being none, we'll close the public hearing. Commissioner Winton. Ms. Slazyk: He moved it. Vice Chairman Gort: Move it? Commissioner Winton: I already did. Vice Chairman Gort: OK. It's been moved. Is there a second? Commissioner Sanchez: Second. 150 April 26, 2001 Vice Chairman Gort: Second. Any further discussion? Being none, all in favor state by saying aye. Mr. Joel Maxwell (Assistant City Attorney): It's an ordinance, Mr. Chair. Vice Chairman Gort: It's an ordinance. Read it. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 323 AND 405 NORTHWEST 19TH STREET, 340, 354, 357, 362, 365, 372, AND 375 NORTHEAST 20TH STREET, 340 AND 360 NORTHEAST 20TH TERRACE, AND 2010 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS DESCRIBED ON ATTACHED "EXHIBIT A," FROM HIGH DENSITY, MULTI -FAMILY RESIDENTIAL 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 Sanchez, and was passed on first reading, by title only, 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 The ordinance was read, by title, into the public record by the City Attorney. 151 April 26, 2001 Lourdes Slazyk (Assistant Director, Planning and Zoning): Fourteen is a companion. Commissioner Winton: So moved. Vice Chairman Gort: Moved. Is there a second? Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Is there anyone here in opposition to Item number 14? Is there anyone here in opposition to Item 14? Show there's no one in opposition. Close the public hearings. Read it. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING PAGE NO. 21 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 THE ZONING CLASSIFICATION FROM C-1 RESTRICTED COMMERCIAL AND R-4, MULTI -FAMILY HIGH DENSITY RESIDENTIAL, WITH SD -19 DESIGNATED F.A.R. OVERLAY DISTRICT AND SD -20, EDGEWATER OVERLAY DISTRICT TO THE SD -6, CENTRAL COMMERCIAL/RESIDENTIAL DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1917-2025 BISCAYNE BOULEVARD, 2010 NORTH BAY SHORE DRIVE, 311-405 NORTHEAST 19TH STREET, 304-391 NORTHEAST 20TH STREET, AND 322-360 NORTHEAST 20TH TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED AND ATTACHED "EXHIBIT A"; CONTAINING A REPEALER PROVISION, AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 152 April 26, 2001 was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, 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 The ordinance was read, by title, into the public record by the City Attorney. 153 April 26, 2001 Vice Chairman Gort: My understanding is, we can continue PZ -15 to PZ -16 to the 24th? Dena Bianchino (Assistant City Manager): You can continue, if you would like, PZ -15 through 26 -- Commissioner Winton: Why wouldn't we just get these done? Ms. Bianchino: -- to the 24th (inaudible). Vice Chairman Gort: It's your choice. We still have the regular agenda to go through. OK. Commissioner Sanchez: Well, here's a suggestion... Vice Chairman Gort: Go ahead, read it, go, 15. Commissioner Winton: I'm anxious to see the new plans. Lourdes Slazyk (Assistant Director, Planning and Zoning): Yeah, PZ -15. Mr. Maxwell: Did he move it? Ms. Slazyk: Yes. Commissioner Winton: Yes. Vice Chairman Gort: It's been moved. Is there a second? Mr. Maxwell: Commissioner... Commissioner Winton: Hello. Somebody second. Vice Chairman Gort: Hello. We need a second. Mr. Maxwell: Commissioner, you need to open and close the public hearing on that item Vice Chairman Gort: On which one? Mr. Maxwell: Fifteen. Each one. This is PZ -15. 154 April 26, 2001 Vice Chairman Gort: Right. Mr. Maxwell: I don't... Vice Chairman Gort: Is there anyone here on item PZ -15? Is there anyone here? There's no one here. Is anyone in opposition to Item 15? No one is in opposition to Item 15. There's no one here to oppose. Close the public hearing. A motion. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Vice Chairman Gort: PZ -16 -- it's an ordinance. Mr. Maxwell: There's nobody... Vice Chairman Gort: Read it. Commissioner Sanchez: Read the ordinance. Commissioner Winton: Roll call. Walter Foeman (City Clerk): Roll call. Vice Chairman Gort: Roll call. 155 April 26, 2001 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1650, 1651 AND 1675 NORTHWEST 2ND, STREET, 1639, 1651, 1658 AND 1670 NORTHWEST 3RD STREET, 1652 AND 1690 NORTHWEST 4TH STREET, AND 115-117, 191-193, 221, 227 AND 329 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL"; 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 March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12039. The ordinance was read, by title, into the public record by the City Attorney. 156 April 26, 2001 Vice Chairman Gort: PZ -16. Is anyone here for PZ -16? This is a second reading. Anyone in opposition? Being none, close the public hearing. Read it. Commissioner Winton: So moved. Joel Maxwell (Assistant City Attorney): You have to vote? Need a motion and a second. Commissioner Sanchez: There's a motion and a second. Walter Foeman (City Clerk): Need a movant. Vice Chairman Gort: There's a motion and a second. All of these are going to be moved by the same individuals. Mr. Maxwell: The Clerk needs that information. Vice Chairman Gort: Motion by Winton, second by Sanchez. Mr. Maxwell: All right. Vice Chairman Gort: Roll call. 157 April 26, 2001 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 35 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2 TWO FAMILY RESIDENTIAL" TO "R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1650, 1651 AND 1675 NORTHWEST 2ND STREET, 1639, 1651, 1658 AND 1670 NORTHWEST 3RD STREET, 1652 AND 1690 NORTHWEST 4TH STREET, 1653 NORTHWEST 5TH STREET AND 115-117, 191-193, 221, 227 AND 329 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; 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 March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, 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 Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12040. The ordinance was read, by title, into the public record by the City Attorney. 158 April 26, 2001 Vice Chairman Gort: PZ -17. Is there anyone here for PZ -17? Anyone here on PZ Item 17? No show. Go ahead. Commissioner Winton: So moved. Vice Chairman Gort: There's a motion. Commissioner Sanchez: Second. Vice Chairman Gort: And a second. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3521 AND 3535 NORTHWEST 17TH AVENUE, 1516, 1536, 1600, 1620 AND 1662 NORTHWEST 36TH STREET, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 159 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12041. The ordinance was read, by title, into the public record by the City Attorney. 160 April 26, 2001 Vice Chairman Gort: PZ -18. Is anyone here on PZ -18? Being none, ok. Read it. Second reading. Commissioner Winton: Move it. Move it. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. 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 THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3541 NORTHWEST 9TH COURT AND 3590 NORTHWEST 10TH AVENUE, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 161 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12042. The ordinance was read, by title, into the public record by the City Attorney. 162 April 26, 2001 Vice Chairman Gort: PZ -19. Is anyone here on Item PZ -19? None. Commissioner Winton: Move it. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. 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 THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 505 AND 515 NORTHWEST 20TH STREET, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 163 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12043. The ordinance was read, by title, into the public record by the City Attorney. 164 April 26, 2001 Vice Chairman Gort: PZ -20. Is anyone here on PZ -20? Is there a motion? Commissioner Winton: So moved. Vice Chairman Gort: Moved and second. Commissioner Sanchez: Second. Vice Chairman Gort: 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 THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2000 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, FROM "RECREATION" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 165 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12044. The ordinance was read, by title, into the public record by the City Attorney. 166 April 26, 2001 Vice Chairman Gort: PZ -21. Is anyone here for PZ -21? No show. Read it. There's a motion by — Commissioner Sanchez: Second. Vice Chairman Gort: -- Winton, second by Sanchez. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3000, 3040, 3100, 3110, 3120, 3130, 3136, 3200, 3320, 3299, 3302, 3311, 3312, 3320, 3327, 3412, 3420, 3430, AND 3442 NORTHWEST 2ND AVENUE; 213 NORTHWEST 30TH STREET; 209 NORTHWEST 32ND STREET; 187, 197 AND 210 NORTHWEST 33' STREET; 182 AND 212 NORTHWEST 34TH STREET; AND 213 NORTHWEST 34TH TERRACE, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 167 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12045. The ordinance was read, by title, into the public record by the City Attorney. 168 April 26, 2001 Vice Chairman Gort: PZ -22. Second reading. Is anyone here for PZ -22? There's a motion by Commissioner Winton. Commissioner Sanchez: Second. Vice Chairman Gort: Second by Commissioner Sanchez. Roll call. 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 THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3465 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" 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 March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12046. The ordinance was read, by title, into the public record by the City Attorney. 169 April 26, 2001 Vice Chairman Gort: PZ -23. Second reading. Second reading. Is there anyone here? No. Motion... Commissioner Winton: So moved. Vice Chairman Gort: Second? Commissioner Regalado: Second. Vice Chairman Gort: Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 175 AND 187 NORTHWEST 27TH STREET; 176, 178, 179,184 AND 187 NORTHWEST 28TH STREET; 2701, 2727 AND 2801 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 170 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12047. The ordinance was read, by title, into the public record by the City Attorney. 171 April 26, 2001 Vice Chairman Gort: PZ -24. Second reading. Is anyone here for PZ -24? Do I need a motion? Commissioner Winton: Move it. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Roll call. An Ordinance entitled — AN ORDINANCE AMENDING PAGE NO. 19 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 "MULTIFAMILY MEDIUM - DENSITY RESIDENTIAL" TO C-2 "LIBERAL COMMERCIAL" FOR THE PROPERTY LOCATED AT APPROXIMATELY 3501 NORTHWEST 22ND AVENUE; MAKING FINDINGS; 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 March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12048. The ordinance was read, by title, into the public record by the City Attorney. 170 April 26, 2001 Vice Chairman Gort: PZ -26 is a first reading. Is anyone here... Mr. Joel Maxwell (Assistant City Attorney): It's 25. I think this is 25, Commissioner. Vice Chairman Gort: Oh. I'm getting ahead. Go ahead. Twenty-five. Second reading. Do I have a motion? It's been moved by Commissioner Teele. Second by Commissioner Sanchez. Commissioner Sanchez: Second. Vice Chairman Gort: Roll call. An Ordinance entitled — AN ORDINANCE AMENDING PAGE NO. 19 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 "MULTIFAMILY MEDIUM — DENSITY RESIDENTIAL" TO G/I "GOVERNMENT AND INSTITUTIONAL" FOR THE PROPERTY LOCATED AT APPROXIMATELY 1850 NORTHWEST 32ND STREET; MAKING FINDINGS; 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 March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner Sanchez, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12049. 171 April 26, 2001 The ordinance was read, by title, into the public record by the City Attorney. 172 April 26, 2001 Vice Chairman Gort: PZ -26. Is anyone here on PZ -26? Commissioner Sanchez: So moved. Vice Chairman Gort: It's moved. Is there a second? Commissioner Winton: Second. Joel Maxwell (Assistant City Attorney): An ordinance of the... Vice Chairman Gort: Lourdes — wait a minute before you read. Why are we changing from the... Lourdes Slazyk (Assistant Director, Planning and Zoning): This is also — like the others, this is to correct a discrepancy between the comp plan and the Zoning Atlas. Vice Chairman Gort: Thank you. Appreciate it. Read it. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, 1989- 2000, BY CHANGING THE LAND USE DESIGNATION OF PROPERTIES LOCATED AT APPROXIMATELY 730, 742, 750, 762, 768, 774, 780, 786, 792, 796, 800, 900 AND 950 NORTHWEST 36TH STREET; 3400, 3408, 3414, 3430, 3440, 3454, 3516 NORTHWEST 7TH AVENUE; 3541 NORTHWEST 91H COURT, AND 3590 NORTHWEST 10TH AVENUE FROM GENERAL COMMERCIAL TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 173 April 26, 2001 was introduced by Commissioner Sanchez, 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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None The ordinance was read, by title, into the public record by the City Attorney. 174 April 26, 2001 Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -27 is a second reading of an amendment to article 9 regarding administrative releases of covenants and unity of title provisions, as applicable by the Zoning administration. Vice Chairman Gort: Second reading. Is anyone here on PZ -27? Show none. Read it. Roll call. Joel Maxwell (Assistant City Attorney): You have a second — first reading. Walter Foeman (City Clerk): I need a movant and a seconder. Mr. Maxwell: You need a move and second on that, Commissioner. Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved by Sanchez. Second by Teele. 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 9, SECTION 910, UNITY OF TITLE AND COVENANT AGREEMENTS, TO PROVIDE FOR ADMINISTRATIVE RELEASES OF COVENANTS AND UNITY OF TITLE PROVISIONS BY THE ZONING ADMINISTRATOR, AS APPLICABLE, SUBJECT TO THE FOLLOWING CONDITIONS: (1) RELEASES SHALL BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; (2) RELEASES SHALL BE RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AT THE OWNER'S EXPENSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 175 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Teele, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Commissioner Johnny L. Winton THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12050. The ordinance was read, by title, into the public record by the City Attorney. 176 April 26, 2001 Vice Chairman Gort: PZ -28, second reading. Is anyone here on PZ -28? Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -28 is... Vice Chairman Gort: Is anyone here on PZ -28? Being none, I have a motion by Commissioner Regalado, seconded by Commissioner Teele. 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 602, TO MODIFY PROVISIONS REGARDING PARKING WITHIN THE SD -2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT ("DISTRICT") TO ALLOW FOR OFFSITE PARKING WITHIN THOSE PORTIONS OF THE DISTRICT WHICH LIE WEST OF MARGARET STREET, MIAMI, FLORIDA; 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 March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Commissioner Teele, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Johnny L. Winton THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12051. The ordinance was read, by title, into the public record by the City Attorney. 177 April 26, 2001 49. SECOND READING ORINANCE: AMEND CITY CODE, BY AMENI?ING SECTION 1 0-27 ° TO ALLOW E CEPTIONS, TO APPEARANCE CODE FOR: E ZA DISTRICT ANIS I)EFINNG SUCH DISTRICTS (Ap lleant(s): City of' Mi.armi,Ph� ng' and Zones D- pp tment). Vice Chairman Gort: PZ -29, second reading. Anyone here on PZ -29? Yes, ma'am. Commissioner Sanchez: For or in opposition? Juanda Ferguson: Neither one. I'd just like to — my name is Juanda Ferguson, 1115 Northwest 50th Street. I'd just like an explanation of what this is all about. Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. PZ -29 is to — is establishing a media district in the west Omni area, and to allow exceptions to the appearance code for the video movie and media industry. They will be by annual renewable class II special permits or under special event permits, and this would allow them to keep a rustic or certain type of a look for a media, video and photography. It's to promote that use in the area. Vice Chairman Gort: OK. Commissioner Regalado: What area? What's the area? Commissioner Teele: The Omni. Commissioner Sanchez: The Omni area. Ms. Slazyk: Pardon? Commissioner Regalado: The Omni area? Ms. Slazyk: It's west of the Omni area. It's right around the Big Times Productions area, 15th Street and it goes a couple blocks in either direction. Vice Chairman Gort: If you recall, we pushed — we created that district through the Downtown Development Authority, and the idea is, they created the movie industry right on 15th and Miami Avenue. We had to change that whole area and upgrade it. The appreciation to the property right across has been of a great benefit to th City of Miami, and this really gives them an opportunity to continue to work there. Commissioner Regalado: But what does it do for them? Ms. Slazyk: It allows more creativity and backdrops and like stage settings for media, photography, movies and videos, because the appearance code requires the buildings be painted and maintained a certain way. If you need a certain type of look for a temporary period for shooting, there isn't going to be the strict code enforcement appearance code, 178 April 26, 2001 but it has to be renewable; they have to give us certification that the building is safe; you know, engineering reports, and it would last for the duration of what they're doing. Commissioner Teele: In a word, Commissioner Regalado, what it does is, it eliminates the governmental standard by which every building must look, which we have now. You can't let your building look the way you want it to look; you can't deteriorate it. If there is someone who wants to have a — if there is a set for a movie scene, for example, and you're going to have a saloon and this, that, and the other, that's a violation of the City's — appearance code right now. This gives the — a small geographic area the opportunity to make a building look a particular way, including what is called "grunge," is it? And this comes out as a result that, two years ago, the entire fall line of Versace for men was shot in a building right there — right on—it's right next to Overtown/Park West and Allapattah. You know, Miami Avenue and about 14th Street, in there where the Firehouse 4 is. Is it Fire House 4 — 2? Ms. Slazyk: Fire Station 2, yes. Commissioner Teele: Fire Station — in that general area, it allows for a waiver of the condition that a building must appear. So, they have to certify that it's safe and all of that, but, hopefully, it will look like different sets. On different days you drive by, it will look different. Ms. Slazyk: Right. And it isn't for indefinite periods of time. They have to renew annually to make sure that the conditions are still the same. Commissioner Sanchez: They've got to renew annually? Ms. Slazyk: Yes. Commissioner Sanchez: OK. Commissioner Regalado: And I'll tell you something. I completely agree with this, but I think this is only half of what the City should do and can do, and I'll tell you what the City can do. Recently we went to Buena Vista, your district, because they had this tour... Commissioner Teele: The tour — the historic tour. Commissioner Regalado: Then I have been driving around in different areas, and I will tell you something: if the City will take pictures of houses and buildings and forward these pictures to producers in Hollywood, offering those sites for shooting — what you have to do is, you just go on the Internet and see the future production of movies and the setting. You see whatever kind of movie, Caribbean style or 30s and 40s or 50s movies. You send those pictures and offer them this kind of facilities that we have here. I will tell you that we will triple the film industry present in the City of Miami because it's more cheaper to use one of these houses than to build a facade and do that and build a facility, which they do all the time, by the way. So, I think it's a good thing, but I still think that 179 April 26, 2001 the City is not being pro -active in exploiting — to use that word — what we have for films. In Miami we have almost the same weather conditions that's in Los Angeles, but, guess what? When you hire extra hands and technical people, it cost one third in Miami that, in Los Angeles — and we have almost 300 days with sun and good weather — and we are doing enough to attract this industry. Think two days of shooting in the Omni area. You have catering; you have extras; you have technicians. All of them hired locally. So, you know, I just think that we've go to do something sometime. Commissioner Winton: You know, it seems to me, Commissioner Regalado, I mean, what you're really talking about is doing some real, professional marketing of the assets that we have to the film industry, and maybe what you can do is spend a little time thinking about what those resources are and how much it might cost, and you ought to bring something back here. Commissioner Regalado: I will, Johnny, and I will send you guys a report, but I will tell you something: this is pennies only. You only need to take pictures of some of the houses that we have here, be it in Little Haiti, be in Buena Vista, be in East Little Havana or the Grove or whatever buildings, old buildings or new buildings, for that matter. And I'll tell you that they go for it. And, remember, the movie industry is not what we see every week on the movie theaters. The movie industry is a billion and billions of dollars industry. They do videos for video stores and cable TV; they do low budget movies, and, for them, it would be better to do it in South Florida instead of California, because you have the problem of the costs and unions in California. So, I would send you guys what I think we can do with a very small budget, and I think that we can attract a lot of these productions. Commissioner Teele: Mr. Chairman, on the point. The Planning Director or the Planning is, I think, working now to develop — at least they were instructed to develop something about the traditional neighborhoods and this whole survey of neighborhoods. Lourdes, what are you all doing on that? Are you all... Ms. Slazyk: Is this the Neighborhood Conservation Districts? Commissioner Teele: No. It was a neighborhood study that they were going to go look in old neighborhoods and determine where they were. You remember when we were talking about... Ana Gelabert-Sanchez (Director, Planning and Zoning): You had made a request to the department and I believe, from the... Commissioner Teele: I think Commissioner Winton made the original request, and... Ms. Gelabert-Sanchez: It was for the historic names of the different neighborhoods in the City of Miami, and I... Commissioner Teele: The historic names of different neighborhoods, et cetera -- 180 April 26, 2001 Ms. Gelabert-Sanchez: Right. And I - - it is my understanding... Commissioner Teele: -- and the geography of where they are. Ms. Gelabert-Sanchez: Yeah. And I understand the plan, Sarah Ingle, a Community Planner for the Planning Department, met with your staff, I believe. Commissioner Teele: Right. No, I'm talking... Ms. Gelabert-Sanchez: So, the Planning is pretty much complete on the information we have. Commissioner Teele: Yes. Oh, OK. Ms. Gelabert: That was — but I can double check and get back. Commissioner Teele: One of the things that I think — Commissioner Regalado is right, but I do think we need to piggyback on who's already out there doing what. The County has a very large, very, very aggressive, very budgeted office of film and — what is it? It's a big office, high-powered with a lot of staff and a lot of people, and they literally deal on a daily, weekly, monthly basis with Hollywood, and they hold these meetings all over the country. Every month there is a different meeting. I think we ought to figure out — and it may be Conventions and Plans — I don't know where the right place is, Madam Manager, but we probably should look at this very seriously because I think he makes a very good point. But on the point that he's making, in conjunction with the NET (Neighborhood Enhancement Team) Offices and the Planning Directors, we can pretty well, you know, identify with digital cameras; we can, you know, take pictures, you know, with a little support from the Fire Department, and I really do think that the staff could take Commissioner Regalado's words and develop a very good plan, at least an initial plan, to give more venues for the industry. I can remember there in Spring Garden, they came in and rented a house. I mean — and it was like the oil well had been found. I mean, people were standing around; everybody was happy; everybody was figuring out ways to make money, and he's exactly right. So, I think we ought to really look at this. Don't we have a Department of Business and Economic Development, too, headed up by — who's the Acting Director? Ms. Weintraub, isn't it? Ms. Gelabert-Sanchez: Arleen Weintraub. Commissioner Teele: Yeah, but I really do think that this is the kind of thing that the staff could really work on, create a little working group with the Planning Department, the NET staff, Arleen Weintraub, the business — you know, the economic development office, and come up with a really nice plan and present it back to Commissioner Regalado. So, I really support what he's saying. And there are some tremendous venues in this city that — I mean, I find a new one almost every month, every two or three weeks. 181 April 26, 2001 Commissioner Regalado: I would tell you that rather to go to the County, we should go to the State of Florida. They have a major agency on films and productions. Commissioner Teele: There's a state Commission. Commissioner Regalado: There's a State Commission. And I'll tell you why. The County has just recently raised all the fee permits for movies and all that, and what they are doing is, is they're recommending to — they're going after the people that want scenery in the Everglades and the area outside of the urban areas, and this is because it's in the County. Commissioner Teele: You and I better be careful. The Chairman is going to be mad at us, so we better move this agenda along. Commissioner Regalado: No. You know, what I'm saying ... Vice Chairman Gort: Gentlemen, I'll tell them I'll be home at three o'clock today. That's no problem. Commissioner Regalado: I don't have anything to do until 4 a.m., so I don't have any problems. Commissioner Teele: Well, I'm going to tell you right now. Commissioner Regalado: No, no, but... Commissioner Teele: No, no. Seriously... Commissioner Regalado: Seriously. Commissioner Teele: I'm going to say — one thing I'd like everybody to look at is, is there any way we can take some of this agenda and move it to Tuesday afternoon, because I would -- if it doesn't make sense, it doesn't make sense. We'll stay here all night. But I am very concerned about the parking surcharge legislation and where we are, and I really would like to determine whether or not, at some point, we can have some discussion on that because, you know, that is the most important thing on the agenda for the next year, as far as I'm concerned. Commissioner Regalado: It is. Ms. Slazyk: We're just about done. Commissioner Regalado: You want to finish the... Ms. Slazyk: Yeah. Twenty-nine... 182 April 26, 2001 Commissioner Winton: No. I... Ms. Slazyk: Twenty-nine is the second reading on the media district item. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: I need a motion and a second and... Commissioner Winton: Move it. Vice Chairman Gort: It's been moved and second. Commissioner Teele: Second. Vice Chairman Gort: Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/EXTERIOR FAQADE CODE" TO PROVIDE FOR DEFINITIONS, ESTABLISH MEDIA DISTRICTS AND PROVIDE FOR EXCEPTIONS TO THE EXTERIOR FA( 'ADE CODE BY CLASS II SPECIAL PERMIT; MORE PARTICULARLY BY ADDING NEW DEFINITIONS TO SECTIONS 10-22 AND ADDING NEW SECTION 10-26 TO SAID CODE; 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 March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Teele, 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 Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12052. The ordinance was read, by title, into the public record by the City Attorney. 183 Apri126, 2001 Lourdes Slazyk (Assistant Director, Planning and Zoning): We're asking that PZ -30 be continued to May 24th Commissioner Teele: So moved. Commissioner Winton: Second. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-362 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ -30 (PROPOSED ORDINANCE ON FIRST READING, TO ALLOW FLOWER CARTS AS ACCESSORY USE ALONG S.W. 27 AVENUE GATEWAY DISTRICT), TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 24, 2001. Upon being seconded by Commissioner Teele, 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 184 April 26, 2001 Vice Chairman Gort: PZ -31, first reading. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -31 is an amendment to allow parking reductions for multifamily development within Community revitalization districts. The colored map is what we just handed out because, in the package, I realized there was only a black and white. A recent amendment was passed of the Zoning Ordinance, which raised the parking requirements, in effect, for the one -bedroom with studios or dens. That has proven to serve as a disincentive within the revitalization districts of the City. So, what this amendment is going to — propose to do is allow reductions only within these areas by special exception, but you cannot go below the numbers that are in the ordinance and you can't mix this with variances or any other reduction mechanisms. Commissioner Teele: Does the special exception come before a public hearing board? Ms. Slazyk: Yes, it does. It goes before the Zoning Board. Commissioner Teele: It's not with the director... Ms. Slazyk: It goes before the Zoning Board, with 500 -foot radius notice. The important thing here is that they can't use it with something else. If they find themselves short and need to go to variance and they can prove hardship, let them go to variance. They can't mix this with a variance to come up with no parking. They can't mix this with anything else and it goes through public hearing. Commissioner Teele: I think it's a Solomonic approach. I think it's a very balanced approach. Vice Chairman Gort: Is anyone here on Item 31? Show there's none. Do I have a motion? Commissioner Teele: So moved, Mr. Chairman. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Roll call. 185 April 26, 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 9, SECTION 917, IN ORDER TO MODIFY THE PROVISIONS FOR REDUCTIONS IN PARKING TO ALLOW REDUCTIONS FOR MULTIFAMILY RESIDENTIAL USES IN COMMUNITY REVITALIZATION DISTRICTS (CRD); SUBJECT TO SPECIAL EXCEPTION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Teele, 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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None The ordinance was read, by title, into the public record by the City Attorney. 186 April 26, 2001 Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -32 is an amendment to Article 17, to require full notice for a substantial modifications to major use special permits. Right now all that's required is a public meeting, with no formal notice. We require notice for modifications — substantial modifications to Class II's and Special Exceptions, and it should be for major uses as well. Vice Chairman Gort: Very good. Is anyone here on Item 32? It's first reading. Being none, do I have a motion? Commissioner Winton: So moved. Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved and second. Commissioner Sanchez: Second. Vice Chairman Gort: Roll call. 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 17, SECTION 1706, TO MODIFY THE PROVISIONS FOR NOTICE REQUIREMENTS FOR SUBSTANTIAL MODIFICATIONS TO MAJOR USE SPECIAL PERMITS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 187 April 26, 2001 was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, 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 The ordinance was read, by title, into the public record by the City Attorney. 188 April 26, 2001 Vice Chairman Gort: Yes. And that takes care of the PZ items. PZ -33 has been moved to continue. Now we come to regular agenda items, and let's take personal appearance first. They've been here since this morning. Note for the Record: At this point, the City Commission closes the Planning and Zoning portion of the agenda to consider items from the regular agenda. Vice Chairman Gort: Item 6. It's been deferred. Item 7. Let's wait. Let's go to personal appearance first. Commissioner Teele: Is the Police Chief here? Alejandro Vilarello (City Attorney): Did you close the Planning and Zoning (inaudible)? Vice Chairman Gort: Yes, we did. Yeah. Commissioner Sanchez: Seventeen. I believe 17 is the fist personal appearance. Sixteen has been withdrawn. Commissioner Regalado: No, 17 was deferred. Commissioner Sanchez: Deferred. OK. Commissioner Regalado: Why don't you do the Parking Surcharge. Commissioner Teele: Where is it? Commissioner Regalado: I don't' know where is it. We're supposed to get a report on the Parking Surcharge status in Tallahassee, right? Vice Chairman Gort: Item 19. Carlos Gimenez (City Manager): I'll be happy to give you one now, if you want to. Commissioner Teele: Well, could we just take care of the personal appearance? Vice Chairman Gort: Take care of the personal appearance. Commissioner Teele: Because, really, we changed the agenda format and, somehow, we've got the personal appearances now, which were supposed to be in the morning, coming all through the day. 189 April 26, 2001 Vice Chairman Gort: Mr. Leroy — I'm sorry. You have a personal appearance? Mr. Walter Foeman (City Clerk): Item 14. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Winton: What item is this, Commissioner Teele? Commissioner Teele: Item 14. Commissioner Sanchez: Wait. Commissioner Teele, can — OK, 14. Because Mr. Kevin Packman, who is 15, has been here all morning also, so... Commissioner Teele: Yes. Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Teele: The Arthur McDuffie tribute is a part of a process that has evolved over the last three or four years that the City has waived the fees. Now, I don't want to spend a lot of time. We're talking about twenty three hundred dollars ($2300) is what's at stake here. But I think those of us who know and felt what happened in the aftermath of the shooting of Arthur McDuffie, the hundreds of millions of dollars or the several tens of millions of dollars of damage that was done. Certainly the hundreds of millions of dollars done to the image of the City. This is a tribute that is organized by the family of the late Arthur McDuffie, who was killed, unfortunately in some circumstances, and I'm just at a little bit of a quandary why the Police Department, in particular — in that two thousand dollars ($2,000) of this, 85/90 percent of this is police services, and I would just publicly ask the Police Chief if there is anyway, without getting into a discussion about this, is there any way that the Police Department can find funds or make eligible the cost of a candle light vigil that has taken place for four years? It's normally been supported by the Police Department. I don't know if there's an issue. Raul Martinez (Chief of Police): Commissioner, Raul Martinez, Chief of Police. We have done it on -duty for many years. We will do it on -duty this year again. So, I'm not sure — this is probably the cost of us doing it on duty. The on -duty costs for this is probably this figure. Commissioner Teele: Well, I mean, I think it... Mr. Martinez: But it's not a cost to the organization. Commissioner Teele: No. The waivable fees of five hundred and ten dollars ($510); the non- waivable fees are two thousand four hundred dollars ($2,400), for a total of twenty-nine hundred dollars ($2900), with twenty-three hundred are police costs, and I would just respectfully ask the Manager and the Chief if you all would take this under advisement, not require the Commission 190 April 26, 2001 to take an action, and see if there's some way we can do this. I think, you know, given the history and given the circumstances, we need to continue to allow the family an opportunity to grieve with support of the City, and I don't want to — you know, I'm not going to play politics. The good thing for me to do would be to make the motion and dah, dah, dah, but I think we ought to really do this in the context that we all are in this community together. Mr. Manager, do you think you could help us out and work through this one? Carlos Gimenez (City Manager): Yes, sir. We can eliminate that entire twenty-three hundred dollars ($2300) issue (inaudible) Police Department. Commissioner Teele: All right. Would you like to just state your name and address for the record and -- Mr. Leroy Jones: Leroy Jones, 40 — Commissioner Teele: -- and invite the Commissioners. Mr. Jones: -- 4055 Northwest 17th Avenue. I'd just like to thank the Commission, you know, and invite anyone. And, Chief, I'd like to thank you and the City Manager. And invite anybody that would like to come out to the Arthur McDuffie Candle Light Vigil. You know, this is going to be the fifth year that we hold this candle light vigil, and it's a real nice gathering that we have. So, I would just like to thank you all, and encourage anyone who would like to come and participate to please come. Thank you. Commissioner Winton: Where is it, Leroy? Mr. Jones: It's on 40th Street and Northwest 17th Avenue, and we use... Commissioner Teele: As you come off of 112 on 17th Avenue, it's right in that area. Mr. Jones: Right, 17th Avenue. Right on the corner. Thank you. Commissioner Winton: OK. Twelfth Avenue or 17th Avenue? Mr. Jones: Seventeenth Avenue and 40th Street. Commissioner Winton: Thank you. Mr. Jones: Thank you, Commissioner Teele. Vice Chairman Gort: OK. This is a motion. Second. All in favor state by saying "aye." The Commission (Collectively): "Aye." Commissioner Winton: There was no motion. 191 Apri126, 2001 Vice Chairman Gort: It was a motion by... Commissioner Winton: No, there was no motion. Commissioner Teele: The Manager took care of the item. Commissioner Winton: The Manager — no motion. Vice Chairman Gort: OK. So, you need a motion for that? Commissioner Teele: Would you like a motion? Vice Chairman Gort: You need a motion? Yes. Commissioner Teele: I would so move then. Commissioner Sanchez: Second. Commissioner Winton: Second. Vice Chairman Gort: OK. 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. 01-363 A MOTION INSTRUCTING THE CITY MANAGER TO WORK WITH ORGANIZERS OF THE FIFTH ANNUAL ARTHUR McDUFFIE CANDLELIGHT VIGIL TO BE HELD AT 4055 N.W. 17TH AVENUE, ON MAY 17, 2001 TO FACILITATE SAID EVENT WITHOUT CHARGING SAID GROUP FOR CITY SERVICES. Upon being seconded by Commissioner Sanchez, 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 192 April 26, 2001 54. COMMENTS BY COMM SIONER GORT REGALING SPANISH DELEGATION, ee #56. Vice Chairman Gort: Excuse me. My understanding, there's a Mr. Julian Linares in here, and he has some visitors in here that would — maybe you would like to introduce. Commissioner Sanchez: He has moved on. He was in here and I guess he's gone somewhere. Commissioner Winton: Got his visitors upstairs. Vice Chairman Gort: His visitors upstairs. OK. 193 April 26, 2001 Vice Chairman Gort: Next item, 15. Commissioner Sanchez: Mr. Packman, go on. Kevin Packman: My name is Kevin Packman. I'm at 555 Northeast 34th Street, City of Miami. I'm with the ALS (Amyotrophic Lateral Sclerosis) Recovery Foundation, which is a nonprofit organization. We're essentially a fundraising arm, affiliated with the University of Miami Kessenich MDA (Muscular Dystrophy Association) ALS Clinic. For those who may not know, ALS is Amyotrophic Lateral Sclerosis, also known as Lou Gehrig's Disease. It's a fatal disease. There's no known cause or cure. The average person is dead in two to three years, and besides being an insidious disease, it essentially bankrupts families, in order to keep a patient surviving, give them the are that's needed, they're going to end up bankrupt, and the proceeds from the event we're holding on May 12th are going 100 percent to the University of Miami to take care of patients, and we request that the City work with us with expense of the City Police. Commissioner Sanchez: Mr. Chairman, if I may? Vice Chairman Gort: Yes. Commissioner Sanchez: For the sake of time, I would like to make a motion, directing the administration to sit down with Mr. Packman and come to an understanding of some type of assistance. Commissioner Winton: Well, what I didn't understand here is whether it's a waiver of permit fees, which we do all the time, or whether this is providing City services at no costs. Commissioner Sanchez: Johnny, the administration will determine what they could help them out with. You know... Carlos Gimenez (City Manager): I think we've already met with him. We tried to reduce his cost. This is what we came up with. Commissioner Winton: I don't see any cost figures in here. Carlos Gimenez (City Manager): There's City services. There's a cost of about thirty-two hundred dollars ($3200); in workable fees, about six hundred and fifty dollars ($650); another fifty dollars ($50) in other fees, so a grand total is about thirty-nine hundred twenty-four dollars and fifty cents ($3,924.50). I think we would be amenable to waive the waivable fees, but in terms of City services, this is what we've already come up. You know, it's thirty-two hundred dollars ($3200), and we're not in favor of waiving those City service fees, unless the Commission decides to take it out of the events budget. 194 April 26, 2001 Commissioner Sanchez: Johnny, here's the thing. And we get back — let me tell me, we get back the same thing that everybody that comes in front of us. We assist them. You know, this is a good organization; you know, it's a serious disease, and, basically, we get to appoint where, what, are we going to be selective of who we're going to support or not? I mean, my motion is a clear motion, to direct Mr. Packman, who represents the organization, sit down with the administration and whatever assistance that you could provide. I'm anti -waiving fees. You know that. But I think that the City should sometimes go a little step and try to assist you -- because everyone that comes here, somehow or the other, we help. I mean, we're — I believe we're a good city and we want to support good organizations. We support, you know, cancer; Liga Contra el Cancer, and many organizations. This is an organization that we support too. Vice Chairman Gort: OK. The motion is to send back to the Manager and to sit down with administration and the administration to work it out. OK? It's a motion. Is there a second? Commissioner Winton: Second 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. 01-364 A MOTION DIRECTING THE ADMINISTRATION TO MEET WITH MR. PACKMAN OF THE ALS RECOVERY FOUNDATION, TO WORK OUT ASSISTANCE TO BE PROVIDED BY THE CITY, IN ORDER TO REDUCE FEES IN CONNECTION WITH ITS "LOU GEHRIG'S DISEASE RUN/WALK" TO BE HELD ON MAY 12, 2001. [Note: See Motion No. 01-366.] 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 195 April 26, 2001 Vice Chairman Gort: Julian Linares, who is with the International Trade Board. I see you have some visitors with you. Julian Linares: Thank you, Commissioner. All I wanted to introduce the minister of industry tourist, Mr. Jose Ramon Alvarez for the governor of (inaudible) Spain that is here with us, and the minister of president, Mr. Juan Jose Fernandez, from (inaudible), the governor of (inaudible) Spain. They are here in Miami to establish a corporation. They are here with more -- with 40 corporations from Spain that they want to establish a kind of base here in Miami, to do business with Latin American, United States, and this shows Miami through the International Trade Board of Miami. Thank you very much for (inaudible). Vice Chairman Gort: Well, I would like to welcome them. (COMMENTS IN SPANISH) (Inaudible), what I did, I welcomed them. I was thanking them for being here in the City of Miami and they couldn't be with a better person than Julian Linares, who knows (inaudible) been here for a long time. Thank you, Julian. Mr. Linares: Thank you very much, Mr. Chairman. Thank you very much, Mr. Winton. I really appreciate your support. Vice Chairman Gort: (COMMENTS IN SPANISH) Commissioner Winton: I might like to add that the mission of the International Trade Board or the new direction that the board has, that serves on the International Trade Board, is to take whatever actions are necessary, where we can show quantifiably that the money that the taxpayers are spending in support of the International Trade Board are, in fact, investments in bringing new jobs and new business and new economy to the City of Miami, and we're measuring -- actually measuring performance related to those kinds of things, and this is a direct result of Julian Linares' activities on the International Trade Board and it's something that we can look to as tangible proof that those activities are beginning to work. Mr. Linares: Thank you, Commissioner. Thank you very much. Vice Chairman Gort: Don't speak too highly. He'll come up and ask you for a raise. (COMMENTS IN SPANISH) 196 April 26, 2001 Vice Chairman Gort: Could we go to Item 6 right now? Patty Allen: Good afternoon. My name is Patty Allen. I'm the Director of the Downtown Development Authority, and I'm here to talk about Item 6. Vice Chairman Gort: Seven. Item 7, I'm sorry. Ms. Allen: OK. Six, seven, and eight. Vice Chairman Gort: And seven. Six, we deferred. I have -- that's a defer in here. I'm sorry. OK. My staff did. Go ahead. Sorry, Patty. Go ahead. Ms. Allen: OK. All right. As you know, the Commissioners have been working, along with the downtown property owners and the administration of the City, to put together a holistic plan for the reinvestment of the Central Business District. The plan involves many departments of the City. We've been meeting actively with Public Works, with the City Manager's Office, and the piece that we're in front of you today, that you asked us to come back to, is the real estate and development piece and the finance piece, and we've been working very, very closely with Dena and with Bob, and we'd like for them to give you their recommendations. Vice Chairman Gort: If you all recall, when we made the presentation about the Central Business Districts, one of the things we wanted to do is to make sure that that is becoming the whole in the doughnut, with the whole downtown districts, and we instructed our administration to work very closely with the Downtown Development Authority, with DDA (Downtown Development Authority), some of the people in downtown to make sure we can come up with some kind of incentive, a package to bring -- attract more development into that area. Yes, ma'am. Dena Bianchino (Assistant City Manager): Dena Bianchino, Assistant City Manager. I'm responding to Item Number 7. I'll make this brief. I think everyone knows that cities all across the country use economic incentives to entice business and redevelopment to their communities. We know a lot ability what other cities do. They do tax abatement, utility abatements, and they create mini tax increment districts. There's all kinds of tools available for this purpose. Working with the DDA and working with their consultants, we have come up with a program that we feel will work very well for the CDBG (Community Development Block Grant) district in downtown and a map of that district is included in your package so we know what the boundaries are. This program, we would call the Economic Development Grant Program. The grant could represent only up to one percent of the value of the improvements being developed, excluding land. The process would work as follows: A developer in the planning process for his project would come 197 April 26, 2001 to the City and fill out an application for funding under the Economic Development Grant Program. The City staff would evaluate the proposal. It would be gone over for the impact on the budget, and it would be then recommended to the City Commission for approval. This grant could take on many different forms. It could be for a two-year period. It could be for a 10 -year period. It could be for any amount of money, up to one percent of the value of the improvements. The land is not included in this. Each -- because -- according to the Law Department and I believe you all have received a legal opinion on this -- this must be a public benefit for the use of any general fund money. The projects would have to meet certain criteria in order to be eligible for the program. And what staff will do and what we're proposing to you is come back to you with a waited process for evaluating these proposals. Obviously, we're looking at job creation, improves the tax base of the City, trying to be consistent with the DDA plan for the CBD (Commercial Business District). There are a number of different things that I'm not going to go into now. The assistance would be provided on a case-by-case basis. It's not an entitlement. No one is entitled to this program. They have to apply for it and it has to be approved by the City Commission. It is anticipated that this grant would diminish over a 10 -year period. Even though each project would be evaluated on its merits, it would never go beyond 10 years. What we would like today your approval to move forward with this project, develop the actual rules and regulations and, working with the City Attorney's Office, to develop the appropriate legislation; to come back to you and be able to implement the program as soon as possible. This program is in the report done by Larson. It's on page 28 and page 29. Commissioner Sanchez: Mr. Chairman, just -- if I may, just -- I have a question. Is this only limited to downtown or is it Citywide? Ms. Bianchino: We're proposing that it be limited to the CBD district of downtown. There is a map. It would only go up to 5th Street, be bounded on the west by the Miami River, all the way around by the Miami River and the bay. It's a CBD program. That's how it's recommended. Commissioner Sanchez: And let me tell you something -- which is way overdue. This is all about competition. Whether they like it or not, we have to compete with every other city in South Florida. The trip to New York clearly states how New York and New Jersey are always competing over business. So, I'm glad that the -- maybe this is something that we could say that we brought back from New York. Ms. Bianchino: Yep. Vice Chairman Gort: Thank you. These many plans have been worked for a long time and, finally, they're being implemented. OK. Do I have a motion to... Commissioner Sanchez: So moved. Commissioner Winton: Second. 198 April 26, 2001 Vice Chairman Gort: Discussion. Commissioner Teele: Discussion. Vice Chairman Gort: Discussion. Commissioner Teele: Mr. Chairman, I think this is a very correct step in the right direction, as well as I understand it, but let me understand this. When you said it's limited to one percent of -- what? How did you say that? Ms. Bianchino: I said it was limited to up to one percent of the value of the improvements on the property, excluding the land value. Commissioner Teele: Help me understand. What does that mean? I'm going to make a hundred million dollar ($100,000,000) investment, excluding land values. Now, what does that mean? Does that mean that the limit is one percent literally, like one million dollars ($1,000,000)? Ms. Bianchino: Yes, sir. If it is one percent... Commissioner Teele: So, if I'm going to make a ten million dollar ($10,000,000) investment, that means the limit is what, a hundred thousand? Ms. Bianchino: It's a yearly amount. The amount might start at hundred thousand in the first year, but it could be decreased over time. During a 10 -year period or a shorter period, if it's so determined that the project does not need that sort of assistance over a 10 -year period. Commissioner Teele: Is there any city or community that we know of, that has a similar program? Commissioner Winton: Where that limit is in place? Commissioner Teele: No. Where the -- yeah, this program with a one percent or two percent or... Ms. Bianchino: I'm sorry. I'm sorry. I was speaking with the Manager. I didn't hear the question. Commissioner Teele: Is there a city, that we know of, that has a similar program, with a one percent, two percent or some percentage limit, as this is structured? Ms. Bianchino: Other cities -- the answer is, none that I know of, Commissioner. But other cities have other tools available to them that we don't. Commissioner Teele: I understand. So, in other words, what you're representing to us is 199 April 26, 2001 that this program is designed here and is not patterned after any other program that we're aware of in any urban area or downtown area? Ms. Bianchino: Well, let me say this. There are other programs... Commissioner Teele: I understand that. Tax increment -- I mean, we -- tax abatement, dah, dah, dah, dah, dah. But I'm talking about this one percent grant -- I mean, there may be a thousand of them. We just don't know anything about it. But I just want to understand, is there a model by which this is drawn from? Ms. Bianchino: Could I ask the City Attorney a question, please? Vice Chairman Gort: Go ahead. Ms. Bianchino: Sir, this is basically... Alejandro Vilarello (City Attorney): Commissioner, I think the answer to the question is that she's not aware of any other programs like this one. It is designed by the administrative staff simply by getting to this -- whether or not there's an appropriate expenditure of these dollars and there is an appropriate designation of public purpose associated with it. Commissioner Teele: What is -- who is the board of Economic Development Finance Authority? Ms. Bianchino: OK. This -- again, we would come back to you with a process. Mr. Nachlinger is going to be speaking to you after me regarding the Economic Development Finance Authority. We would be looking for direction from you, Commissioner, as to how you would want these grants approved. There's a way of doing it where staff can evaluate them; it can go through the Economic Development Finance Authority, then to you, or it can come directly from staff to you. This is purely up to you on how you want this process to work. Commissioner Teele: What is the source of funding of the grants? Ms. Bianchino: General funds. General Funds. Commissioner Teele: What is the estimated budget? Ms. Bianchino: There is no way to estimate a budget at this time, Commissioner. We would know far in advance of when the grant would have to be given because the grant would not be given until CO (Certificate of Occupancy) of the property. So, if someone came to us with an application before building permit... Commissioner Teele: Well, let me just say this, Ms. Bianchino. There's no way the Oversight Board is going to approve anything like this, without a budget parameter. I 200 April 26, 2001 mean, that was the old Miami. But just listen to me -- because I've been down this road with them and I don't want to look like I'm a part of the old City Commission. If you're talking about general funds, you're going to have to put a budget number on this. I mean, that's just Oversight Board 100, OK. This has got to have a budget parameter. It's got to say that we're -- and maybe I'm not at all -- maybe I should direct my comments to Mr. Nachlinger on that issue, and I will, but this process, to me, sounds extremely encouraging. I don't know if one -- to me, one percent sounds like something a government person would do because it's too simplistic. It's too straightforward. It's too - - it doesn't allow for curves and the uniqueness of the jury industry, say, versus the -- I mean -- but I'm not here at all -- I don't know. I have no idea. What I am saying is that we need to make a strong commitment in the manner in which this is going, and I like everything that I hear. What I'm really concerned about is the fiscal responsibility that this is associated with and I'll take that up with -- is Mr. Nachlinger a companion on this issue with you? Ms. Bianchino: It's a different issue. Commissioner Winton: So, what -- I think what Commissioner Teele is saying is that, you know, there has to be, you know, the maximum that could be committed in any sum period of time is a million or two million or three million or some number. I mean -- and what you... Commissioner Teele: You've got to have a budget parameter. Commissioner Winton: Right. Commissioner Teele: After which -- I mean, we do it all the time. We ran out of money in CD (Community Development). Commissioner Winton: For CDBG funding. Commissioner Teele: We say, OK, we suspended the program. They announced that last -- the other night, to my shock and chagrin, but -- I mean, I commend you. If we run out of money, for God's sake, shut it down. We're not taking any more applications. Vice Chairman Gort: Commissioner, let me maybe bring some lights in here. Mainly, this report is -- we were due to come to you, but we're not really ready with all of it. We're still doing some -- a lot of negotiations that we need to continue to do. That's all it is. Commissioner Teele: Willy, let me -- in that venue -- in that spirit, let me say this. I think this is a strong step in the right direction. I think we need to be a lot more aggressive. I think we need to be more tailored or more surgical in terms of what it is we want. We should not just incentivize everything on a one -percent across the board. We should have target areas. Do we want to create a jury district? Do we want to create a -- 201 April 26, 2001 Commissioner Winton: Housing district. Commissioner Teele: -- a housing district? Do we want to create -- I mean, you know -- so, that's all that I'm saying. I mean ... Vice Chairman Gort: Right. Commissioner Teele: -- based upon what you're saying. I like all -- everything I've heard. It's what I haven't heard that I'm worried about. Vice Chairman Gort: We want to do that. Unfortunately, there are certain things that we're not allowed to discuss yet, and my understanding is, there are some legal matters we have to look into before we can bring it back to you. That's why -- we're looking for a lot more incentives. I mean, this is one of -- some of the incentives that can be coming in here. We'll be looking for a lot more and many, many incentives that we're going to establish. We had to check with different jurisdictions. Commissioner Winton: So, we're approving a concept right now and the details are coming forward? Vice Chairman Gort: So, this is, yes, approving the concept. But the one thing I want you all to understand... Commissioner Teele: Mr. Chairman, would you like to -- may I preside and let you make the motion on this item, please, and lead the discussion? Commissioner Sanchez: The motion has already been made. There's a first and a second. Commissioner Teele: Oh, did it? Vice Chairman Gort: Motion has been moved and second. But I'd like to show you -- you all received a copy of the City news, which is -- what we put out as the -- that shows the uptown property ownership, and when you look at it and a very small portion -- and I'll pass this around -- what color is this? What is this considered, the public -- that's purple. OK. Everything in purple is tax exempt. That's why we need to create more -- the incentive to bring more people. So, what we're asking for right now is the motion to allow the staff to continue to work with us and look for all the incentives. It's been moved and second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 202 April 26, 2001 The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-365 A MOTION DIRECTING THE CITY MANAGER TO PROCEED WITH THE ECONOMIC DEVELOPMENT GRANTS PROJECT FOR THE COMMERCIAL BUSINESS DISTRICT DOWNTOWN AND TO WORK WITH THE DOWNTOWN DEVELOPMENT AUTHORITY TO PROVIDE INCENTIVES TO STIMULATE BUSINESS IN SAID AREA. 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 Vice Chairman Gort: I want you to know the market place project is going along real good and, hopefully, we'll be breaking ground in November. Commissioner Sanchez: OK. Moving right along. Commissioner Winton: Twelve years after it started. Vice Chairman Gort: Different direction now. 203 April 26, 2001 Vice Chairman Gort: It's all yours, sir. Robert Nachlinger (Assistant City Manager): Thank you, sir. Item Number 8 is the creation of the Economic Development Financing Authority for the City of Miami. The concept here is to promote, through the issuance of non-recourse debt, financing -- well, permanent financing for builders, developers; to assist in creating value and improvements to our City. Again, let me stress, non recourse debt is pure project financing, basically, and Industrial Development Authority, who will issue this debt to support development within the City. The advantage to doing it through our authority that is to be created, is modeled after the gulf state or the Gulf Breeze municipal loan pool, the Florida League of Cities municipal loan pool, the Sunshine State municipal loan pool or the Morehead city municipal loan pool, all of which issued 30 -day commercial paper and with a liquidity provider and a remarketer, we sold that commercial paper every 30 days, basically giving a 30 -day rate to a developer or Industrial Development Authority project over a long-term 30 -year period. Essentially, this, at minimum, would be able to reduce the cost of carry to a developer on their debt for the project by at least two full percent, which, quite frankly, will be a real asset to our development community here locally. Two percent on a cost of carry will make many more projects viable than currently what exists in the market place. Commissioner Winton: And our position is the first position, correct? Mr. Nachlinger: Our position is no position at all. The authority would be issuing the debt purely on a project -financing basis through this authority. Essential... Commissioner Winton: But what's the collateral? Mr. Nachlinger: The collateral is the project itself. Commissioner Winton: Yeah. So, you're going to -- the collateral is going to be the project, and so you have to have -- Mr. Nachlinger: Right. Commissioner Winton: And, so, you have to have some sort of position on that. If you're behind the first mortgage or if you're behind the second mortgage, then you're not going to have any collateral. Mr. Nachlinger: This would be the first mortgage. 204 April 26, 2001 Commissioner Winton: That's what I asked. Right. Mr. Nachlinger: I'm sorry. I didn't answer your question right. . Commissioner Winton: Thank you. Commissioner Sanchez: Mr. Nachlinger, let me just -- will the City have any liability? Mr. Nachlinger: No, sir. Commissioner Sanchez: It will not. And, basically, what this will do, it will allow you to permit investment finance, borrowing, providing for community redevelopment financing, providing for industrial development financing, providing for healthcare financing, providing for special assessment financing, providing for bond anticipation notes. That's what ... Mr. Nachlinger: Yes, sir. We're actually -- this actually could be revenue center for the City, where we would, of course, be charging a fee to the development community to take advantage of this. Those fees ultimately would accrue to the City, and... Commissioner Sanchez: So, it's a saving. We're cutting out the middleman? Mr. Nachlinger: Essentially, we're acting like a bank to our developers. Commissioner Sanchez: Cutting out the bank. OK. All right. I have no other questions. Alejandro Vilarello (City Attorney): The full faith and credit of the City is not pledged with this debt. It is a conduit financing, as Mr. Nachlinger indicated. It's backed by the project itself. It's issued in the name of the City, however, it's not debt of the City, nor is the full faith and credit of the City pledged to support the debt. Commissioner Sanchez: My number one concern is that the City is not held liable. Mr. Nachlinger: Yes. Commissioner Sanchez: That's number one concern. OK. Mr. Nachlinger: As is mine. Commissioner Sanchez: So moved. Commissioner Winton: Second. Commissioner Sanchez: There is a motion. There's a second. On the ordinance. It's open for discussion. Hearing none, Mr. City Attorney, read the ordinance. 205 April 26, 2001 Vice Chairman Gort: Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE AND ESTABLISH THE CITY OF MIAMI ECONOMIC DEVELOPMENT FINANCING AUTHORITY; PROVIDING FOR DEFINITIONS, MEMBERSHIP, POWERS, DUTIES, PROVIDING FOR ISSUANCE OF REVENUE BONDS AND OTHER FORMS OF INDEBTEDNESS TO FINANCE THE COSTS OF QUALIFYING PROJECT; PROVIDING FOR SUCH INDEBTEDNESS FROM REVENUES DERIVED FROM SUCH PROJECTS AND OTHER LEGALLY AVAILABLE REVENUES; PROVIDING FOR THE FORM AND THE SALE OF SUCH INDEBTEDNESS, PROVIDING FOR THE TERMS OF SUCH INDEBTEDNESS AND TRUSTS INDENTURES AND OTHER AGREEMENTS SECURING SUCH DEBT; PROVIDING FOR THE VALIDATION OF SUCH DEBT; PROVIDING FOR CERTAIN REMEDIES WITH RESPECT TO SUCH INDEBTEDNESS; PROVIDING LIMITATIONS OF LIABILITY FOR SUCH AUTHORITY; PROVIDING FOR INTERLOCAL COOPERATION THROUGH INTERLOCAL AGREEMENTS; PROVIDING FOR PERMITTED INVESTMENT OF SUCH AUTHORITY; PROVIDING FOR FINANCIAL GOVERNMENT BORROWING; PROVIDING FOR COMMUNITY REDEVELOPMENT FINANCING; PROVIDING FOR INDUSTRIAL REVENUE -- INDUSTRIAL DEVELOPMENT FINANCING, PROVIDING FOR HEALTH CARE FINANCING, PROVIDING FOR SPECIAL ASSESSMENT FINANCING, PROVIDING FOR BOND ANTICIPATION NOTES; PROVIDING THAT SUCH INDEBTEDNESS MAY BE TAXABLE OR TAX EXEMPT, MORE PARTICULARLY BY ADDING NEW ARTICLE X TO SAID CHAPTER; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND PROVIDING FOR A SEVERABILITY CLAUSE AND FOR AN EFFECTIVE DATE. 206 April 26, 2001 was introduced by Commissioner Sanchez, 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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None The ordinance was read, by title, into the public record by the City Attorney. Commissioner Teele: One item on discussion before you call the roll. This authority now is not limited to the central business. This is Citywide, is that ... Mr. Nachlinger: No, sir. This is citywide. As a matter of fact, this authority will have the power, through an interlocal agreement, to do financing anywhere within the State of Florida. Commissioner Winton: But, presumably, we're not going to do that. Mr. Nachlinger: But the authority would exist. More particularly on the question that you asked earlier to Ms. Bianchino, the board of directors of this authority that's proposed would be a seven -member board... Commissioner Teele: That's all contained there in the ordinance. Well, Mr. Manager, again, you know, after Hurricane Andrew, believe it or not, Homestead issued most of the -- a lot of the bonds for insurance and related activities for the entire County, and the reason is because they were set up, they were structured, they were planning. This legislation represents a -- I don't want to use a (inaudible) analogy. I think he called it great leap forward, but it represents a gigantic movement forward in the professionalism of this City, and we're the largest City, municipal City in the State of Florida/Jacksonville -- because it's a consolidated government. It's larger. But we have waited -- we have lagged behind too long, and I want to commend you and the City Attorney and, of course, your staffs, Mr. Nachlinger and the Budget Office, Finance, for really working on this. This represents some thoughtful legislation. It puts us in a unique position to take advantage of opportunities that, I think, will be coming down particularly from Washington with this new focus in government, and I just want to commend you publicly, Mr. Manager, and Mr. Nachlinger and Mr. Vilarello for the fine work. And I really look forward to working closely with you before this comes up for second reading. Mr. Nachlinger: Yes, sir. 207 April 26, 2001 Carlos Gimenez (City Manager): Thank you, sir. Vice Chairman Gort: Thank you. My suggestion, get together with every one of us and I'm sure we're going to come up with some additional ideas. Thank you. Commissioner Sanchez asked us to bring back... Commissioner Sanchez: Roll call. Walter Foeman (City Clerk): Call the roll. Vice Chairman Gort: Roll call. Sorry. I thought we -- thank you. 208 April 26, 2001 Commissioner Sanchez: Mr. Chairman, if I could bring back Item 15, which was the Lou Gehrig's Disease 10-K Run. It is my understanding that the run is Saturday, May the 12th, not giving the party enough time to come to an agreement. At this time, I would make a motion to wave the three thousand nine hundred and twenty-four dollars and fifty cents ($3,924.50). The money should be coming out of the special events account, which holds, at this time, one hundred and eighty thousand dollars ($180,000). So move. Commissioner Teele: Second. Vice Chairman Gort: Discussion? Being none, all in favor state by saying "aye." Commissioner Winton: No. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-366 A MOTION DIRECTING THE CITY MANAGER TO WAIVE FEES IN THE AMOUNT OF $3,924.50 FOR THE ALS RECOVERY FOUNDATION IN CONNECTION WITH ITS "LOU GEHRIG'S DISEASE RUN/WALK" TO BE HELD ON MAY 12, 2001. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort NAYS: Commissioner Johnny L. Winton ABSENT: None 209 April 26, 2001 Vice Chairman Gort: Item 9, sole source. Hello? Carlos Gimenez (City Manager): Yes, sir. Vice Chairman Gort: (Inaudible). Commissioner Teele: Move Item 9, Mr. Chairman. Vice Chairman Gort: Moved and second. Commissioner Winton: Yes, second. Vice Chairman Gort: 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. 01-367 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR- FIFTHS (4/5 THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF A SEARCHCAM 2000 TACTICAL SURVEILLANCE SYSTEM FOR THE DEPARTMENT OF POLICE FROM SEARCH SYSTEMS, INC., THE SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED $7,987; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, ACCOUNT CODE NO. 291267.6.840, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 210 April 26, 2001 Upon being seconded by Commissioner Winton, 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 211 April 26, 2001 Vice Chairman Gort: Item 10. No. Wait a minute. Commissioner Sanchez: Two -minute recess. Commissioner Teele: How long? Commissioner Sanchez: Two minutes. Commissioner Teele: How many? Five minutes? Commissioner Sanchez: Five-minute recess. Commissioner Teele: Without objection. Commissioner Winton: Could we get 10 done because we have people here, then five- minute recess. Vice Chairman Gort: We have people all over. What do we need a recess for? Commissioner Winton: Oh, I'm sorry. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 6:50 P.M. AND RECONVENED AT 7:21 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPT COMMISSIONERS WINTON AND SANCHEZ, FOUND TO BE PRESENT. Commissioner Teele: Mr. Chairman, I move the item. Vice Chairman Gort: There's a motion. Is there a second? Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: It's been moved and second. Any further -- any discussion? Being none, all in favor state by saying "aye." No. Wait a minute. Mr. Mariano Cruz: No. I'm here on 11. Just waiting on 11. Vice Chairman Gort: OK. 212 Apri126, 2001 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-368 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE ALLOCATION OF HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS, IN THE AMOUNT OF $141,290, TO EVERGLADES CENTER APARTMENTS PARTNERSHIP TO FINANCE INCREASED CONSTRUCTION COSTS FOR THE EVERGLADES CENTER APARTMENTS PROJECT, A 42 -UNIT BUILDING, TO BE LOCATED AT 282 NORTHEAST 2ND STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER O 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 Regalado, the resolution 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. Vice Chairman Gort: Item 11, roll over. Gwendolyn Warren (Director, Community Development): Item 11... Commissioner Teele: Before you all leave, let me just add one thing on item 10. You know, when this project came up a year and a half ago, two years ago, I guess -- was it in '97? I said that I thought this was questionable public policy, but it had been committed by the City, and I support it because there was a commitment made, and we keep coming back and keep coming back, and I would just like to ask, on the record, to the developer, a couple of questions, if I could. It's been approved, so you can basically say, "I ain't answering nothing. I'm going home," if you'd like. But, you know, this project was designed and developed in partnership and I don't remember all of the details, and that's not important. But there's a lot of Community Development dollars in this, which are 213 April 26, 2001 designed for poor and moderate income, et cetera. The only thing that I would ask is that you all be sensitive to diversity in your work force and diversity in the business opportunities that are created. I know you all are very accomplished developers. You have your teams. You know, guys are -- men and women that you went to elementary school with or, you know, nurture school, but, you know, sometimes that process locks a few people out and all that I'm saying is, given the nature of the governmental involvement, I would ask, voluntarily, if you would at least proffer that you'll be sensitive on diversity on your work force, and you'll work with your contractors to insist that their diversity -sensitive and that you will aggressively seek out ways to find small contractors that are located in the Empowerment Zone or minority contractors that can be a part of this program. It doesn't have strings on it, to my knowledge. I don't want to do that because I think the policy issue of what you're doing, which Commissioner Winton and Commissioner Gort are very much in the forefront of, is what I want to support, and I support this because we need housing downtown. But I will say this on the record: If we were doing this in Coconut Grove or in Morningside, et cetera, I would oppose this grant because I really do think there are some policy issues that we've not really fully dealt with. So, I would just like to ask if you would identify yourself on the record and at least commit to whatever you're comfortable with. Rafael Kapustin: My name is Rafael Kapustin, 25 Southeast 2nd Avenue, downtown Miami. This project began in October of last year. It did take about 63 months to start, but it did start in October of last year. We're about three months away from completion. The units are subsidized rentals that, for the next 10 years, will abide by the HUD (Department of Housing and Urban Development) guidelines. We have a tremendous record of having tremendous success in the renting of these units. Commissioner Teele: If I go down and look at your work force, what will I see? Will I see Miami? Mr. Kapustin: You will see small contractors actually. The reality is that, because of the nature of the job, Commissioner, just like the ones that were done in the past, they are done by small contractors. The job is not big enough to do it with big contractors. We are using contractors who we have used in the past in similar jobs in downtown. One of the problems we have in downtown is that on small projects, sometimes... Commissioner Teele: Do you know Gwen Warren? Mr. Kapustin: Pardon me? Commissioner Teele: Do you know Gwendolyn Warren? Mr. Kapustin: Yes, sir. Yes, sir. Vice Chairman Gort: She can provide you with real nice task force. Commissioner Teele: I would just ask that, you know, you all talk to her informally. 214 April 26, 2001 Apparently, it's gone and I apologize. I didn't realize it was gone. By the way, is there any way I could meet with you all and just walk your job site tomorrow, perhaps? Mr. Kapustin: Love to do it, Commissioner. Commissioner Teele: OK. I'll call you and we'll do it. OK. Thank you and congratulations. Vice Chairman Gort: Thank you. 215 April 26, 2001 Note for the Record: Commissioners Sanchez and Winton entered the Commission Chambers at 7:22 p.m. Vice Chairman Gort: Item 11. Gwendolyn Warren (Director, Community Development): Item 11, Commissioners, is a record -- is a clean-up item. In our February 15th meeting, as a part of our reconciliation... Vice Chairman Gort: I'm sorry. Let me interrupt you for a minute. Commissioner Teele, can we ask the gentleman -- I think the gentleman wants to make a presentation. Commissioner Teele: For BAME (Bethel African Methodist Episcopal)? Vice Chairman Gort: No. This is a presentation from the -- representative from Spain and -- since she didn't come up, they're coming down to make your -- present you with the ... (inaudible) they understand. (COMMENTS IN SPANISH) Vice Chairman Gort: Thank you. (COMMENTS IN SPANISH) I'm sorry, Gwendolyn. Ms. Warren: Commissioners, Item Number 11 is a clean-up item. At our February 15th Commission meeting, the Community Development Department brought to you all of the budgets, contracts to be rolled over from the previous year. We have some additional projects that have been identified for roll over, and the amount of money to be rolled over is that there is three million twenty-six thousand five hundred and ninety dollars ($3,026,590) of Community Development Block Grant funds, and five hundred thousand dollars ($500,000), which are the sales proceeds from our St. Hugh Oaks Condominium Program, and one hundred and fourteen thousand one hundred and fifty-six dollars ($114,156) from Housing Opportunities For Persons with AIDS (Acquired Immuno Deficiency Syndrome). The projects that required to be rolled over is, there is five thousand five hundred dollars ($5,500) for the Development of the Exceptional. Your original allocation, what you did last spring to the CRA (Community Redevelopment Agency) for the 3rd Avenue Business Corridor, the three million dollars ($3,000,000), again, it's for the purposes of rolling over so that we can reimburse the CRA general fund, and continue with the project, and twenty-one thousand ninety dollars ($21,090) for Neighbors to Neighbors for a total of three million two sixty-five ninety of Community Development funds. Under your HOPWA (Housing Opportunities for Persons Living with AIDS) Program, there are two organizations, Center for Haitian Studies, thirteen 216 April 26, 2001 thousand five hundred and fifty dollars ($13,550), and Miami-Dade's office for their short-term AIDS (Acquired Immuno Deficiency Syndrome) program, which is a one hundred thousand six hundred and five dollars ($100,605) for a grand total of one hundred fourteen thousand one hundred fifty-six dollars ($114,156). Again, for the record, the Commission authorized, during our -- in previous legislation, that a Housing Recovery Loan Fund be put together so that we would be able to protect the City's interest in the event of any foreclosures. Those funds came from our St. Hugh Oaks Project, and the amount of money that was established in that fund was five hundred thousand and we're asking again, because it's a continuing process, that all of those awards be allowed to roll over, again, consistent with our previous policies, so that we could continue to operate the programs. Vice Chairman Gort: Thank you, Gwendolyn. I want to ask you a question. When we finish all the units had been sold over at the St. Hughs? Ms. Warren: Yes, sir. Vice Chairman Gort: Do we have the final audit of the whole transaction? Ms. Warren: Just a second. Vice Chairman Gort: The City receive all the payments from St. Hughs? There's no more payments coming to us? Jeff Hepburn (Assistant Director, Housing): There are no additional dollars coming, yes. This is some of the funding that was received -- proceeds from the sale. Vice Chairman Gort: This is it. That five hundred thousand? Mr. Hepburn: No. It was much more than that. I mean, it was Vice Chairman Gort: No. It was much more than that. This is the last portion of it. That's it? Mr. Hepburn: That's it. Vice Chairman Gort: OK. Thank you. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Mr. Teele. Commissioner Teele: Are we going to have a public hearing on this? Ms. Warren: It doesn't... 217 April 26, 2001 Commissioner Teele: This requires a public hearing, right? Ms. Warren: No, it doesn't. It was advertised as a public hearing. Commissioner Teele: Yes, it does. It requires a public hearing. I just like to make sure that everybody who wants to speak on the matter is afforded the opportunity to speak. Vice Chairman Gort: Somebody had an accident out there. Be careful. OK. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th -- you have nothing to fear. Nobody. Just going to ask a little information because, as you mentioned before, Mr. Teele, there's a lot of federal monies, a lot of federal money. You mentioned about somebody else. I pay a lot of federal money in taxes. Just in April 16, I had to mail three hundred and thirty dollars and thirty-two cents ($330.32), beside whatever they deduct from me during the year, and some of this money is coming back here. So, I want to make sure you use it properly. And I seen some number there, and I was think, you can confuse them because I see -- like fifty-five hundred there for the development for the roof and there in the book, in the back up material, thirteen thousand five hundred. It's just roll over and this - - I mean, please, enlighten me. Tell me what is -- like the CRA. The CRA becoming another department of the City? How much money -- what is -- name me something tangible that the CRA has done besides that RFP (Request for Proposal) for the franchise -- fast-food franchise. I want to know. I want to know. Ms. Warren: Well, sir, what I can answer is what the roll over process is. And, again, the City Commission, last year, went through a very difficult process to adjust the Community Development fiscal year to match that of the City's fiscal year so, for the first time in 25 years, we were able to close out our Community Development books for public record. During that -- as a result of those instructions, all of our contracts now end on September 30th, consistent with everything else that occurs in the City, at the end of the contract year, funds have to be brought back to the City Commission to -- for the City Commission, through a public hearing process, to allow any balances that are available to be rolled over for continued use. So, this, again, is a record keeping -- this is not a new award of money. Probably, the record that you're looking at is the total award that went to that particular agency. The balance in their contract, as of the end of the fiscal year, was a five thousand five hundred that they need to complete the project. What we're asking the Commission to do is to leave that award with that agency so that they can complete that project. So, this is a budgetary process of closing out books and rolling over the balance in the public eye. Vice Chairman Gort: Thank you. Mr. Cruz: Well, you know, those monies come to Miami on account of the poor people. It's a lot of poor people in Allapattah. How are they benefiting directly? Is the benefit is going in salaries in a way. The CRA is a way to go outside the 20 percent cap because you created another bureaucracy. Tell me how many people are working in the CRA now? 218 April 26, 2001 Vice Chairman Gort: The -- Mariano, I think you have gone to the CRA meetings and you have watched the CRA meeting because you've been active ... Mr. Cruz: No, no. They haven't invited me anymore there. They don't want me there. Vice Chairman Gort: Make sure that the chairperson here, I am sure he'll invited you to make sure you go to all the CRA meeting. But at the same time, Mariano, for your information, Allapattah is one of the neighborhoods that receives the most in CDBG (Community Development Block Grant). At the same time, the gentleman here that can tell you, where more residential has been built ... Mr. Cruz: Two and a half years they stopping from building in (inaudible). Vice Chairman Gort: Excuse me. Could you allow me to finish? Will you allow me to finish? Is that OK? Mr. Cruz: Right. Vice Chairman Gort: Is it OK? Can I speak? Mr. Cruz: Sure. Vice Chairman Gort: Thank you, Mariano. Mr. Cruz: You're any my neighbor. Vice Chairman Gort: Appreciate it very much. I appreciate it. The only neighborhood -- one of the few neighborhoods in the City of Miami increased population was Allapattah, and the reason they did is because of the work that has been done in that area. I just want you to understand that. And I'll let the Chairman of the CRA answer your other question, if he wants to. Mr. Cruz: Yeah. Two minutes. Commissioner Teele: Mr. Chairman, the public hearing is closed. Mr. Chairman, I think there are three things that need to be said. First: the roll over process, which I indicated when we began this, is very constructive, but as it's going to be applied, it's going to be very damaging if we're not careful. I think we should do this for two years and, then, I think we need to take -- pass an ordinance that gives a realistic schedule by which dollars will roll over three years -- it doesn't need to roll over across the board, and the reason for that is this, Gwen: Capital projects normally outlay for federal purposes, over three to five years. So, what you're going to have is, you're going to have capital projects being presented time and time again until you spend all of the money, and it's going to create a lot of misinformation, a lot of misimpressions, like you're beginning to hear now. Fortunately, there's only one person. But it looks like money is being allocated again and 219 April 26, 2001 again and again or more money, when, in fact, this is the same three million dollars ($3,000,000) that was allocated in '98. Vice Chairman Gort: Four years ago. Commissioner Teele: You know, it was authorized in '98 -- '97; allocated in '99, really, and now we're back and it's back and it's back and it's back. OK. Ms. Warren: I agree with you. Commissioner Teele: OK. This is the same three million that Commissioner Sanchez had a lot to say. I mean -- so, it's -- we need to do this because the records have been -- have never been kept. It's all helter skelter. We've got to have this discipline. But I think, after next year, we need to take a different timeline. On the issue of the CRA, I will ask Mr. Parekh to meet with you after this meeting, but, for the record, there's a full plan -- we'll lay it out -- no, no, no. You come and -- you know, I like to take you and walk with you and show you what is going on. And, finally, this resolution, essentially, doesn't allocate any new money. It simply advises the Commission, the status of dollars and dollars that have not been spent, and the real issue, I guess, is, we need to begin to understand eighty dollars ($80) are not being spent in a more timely manner. So, I move the item, and it's really a scrivener's error or a scrivener's correction more so than substantive legislation. Vice Chairman Gort: OK. There's motion. Is there a second? Is there a second? Commissioner Winton: Second. Commissioner Regalado: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 220 April 26, 2001 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-369 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ROLL OVER OF THE CURRENT FISCAL YEAR (FY 2000-2001) OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE AMOUNT OF $3,026,590.79, SALES PROCEEDS OF ST. HUGH OAK CONDOMINIUMS FOR THE HOUSING LOAN RECOVERY FUND, IN THE AMOUNT OF $500,000, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FUNDS, IN THE AMOUNT OF $114,156.17, FROM THE ACCOUNTS OF PREVIOUSLY APPROVED ACTIVITIES/PROJECTS NOT COMPLETED DURING THE 1999- 2000 FISCAL YEAR ENDING SEPTEMBER 30, 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 Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None Commissioner Sanchez: Which item was that, Mr. Chairman? Vice Chairman Gort: Dipak, make sure you take him to Jackson. Take him to breakfast and give him a tour of the area. Commissioner Sanchez: That was 11, Mr. Chairman? Commissioner Teele: By the way, there's no Community Development dollars in the food franchise, just for the record. 221 April 26, 2001 Commissioner Sanchez: Mr. Chairman, can we bring up Item 22. Vice Chairman Gort: At this time -- no. At this time, I'll have Lori Weems, and I apologize. You've been sitting there very patiently, but everybody was telling me you look very good and they want to keep looking at you, so -- Commissioner Sanchez: Since 9:00 you've been here. Vice Chairman Gort: -- they want to make sure you stay there. We have the... Commissioner Teele: Well that means she's got to get whatever she's asking for. Commissioner Sanchez: Item 22 be heard, Mr. Chairman. Unidentified Speaker: Second reading ordinance. Vice Chairman Gort: Item 22. Frank Rollason (Assistant City Manager): Twenty-two. Frank Rollason, Assistant City Manager. This is the second reading of the newsrack ordinance and the only addition or clarification that was made to it from the first reading is that we took into consideration some comments that were made by the public, and we added the language that the advertising shall be limited to portraying the publication being dispensed and shall be all inclusive to the single newsrack on which it appears and no expansion of the advertising shall be permitted to cover multiple adjacent racks co -located at the same sight. And we didn't have any objection from the industry on that. And the only thing I want to point out is that this particular issue does not apply to the modular units that we're getting involved in because there is going to be some advertising with them on national brands, Coca Cola or something of that sort. Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Regalado: Second. Vice Chairman Gort: There's a motion. There's a second. Is there anyone here to discuss... Commissioner Winton: Second. 222 April 26, 2001 Vice Chairman Gort: Excuse me? Commissioner Sanchez: I'm ready to vote. Mr. Rollason: It's an ordinance. Commissioner Sanchez: Ready to vote. Vice Chairman Gort: I know. I understand. May I? Commissioner Sanchez: You're the Chairman. Vice Chairman Gort: Thank you. There's a motion. There's a second. Any discussion from the public? OK. Read the ordinance. Roll call. An Ordinance entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION REGULATING THE PLACEMENT OF NEWSRACKS IN PUBLIC RIGHT-OF-WAY IN THE CITY OF MIAMI BY REPEALING EXISTING ARTICLE VII OF CHAPTER 54 OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, PERTAINING TO SUCH REGULATION AND SUBSTITUTING IN LIEU THEREOF NEW ARTICLE VII, IMPOSING SAFETY AND AESTHETIC RESTRICTIONS RELATED THERETO; PROVIDING FOR PURPOSE, PROVIDING DEFINITIONS, PROVIDING FOR NEWSRACK CERTIFICATION, PROCEDURES AND FEES, REQUIRING INSURANCE AND INDEMNIFICATION; ESTABLISHING STANDARDS FOR OPERATIONS, PLACEMENT AND INSTALLATION OF NEWSRACKS, PROVIDING FOR ENFORCEMENT AND APPEALS; MORE PARTICULARLY BY REPEALING SECTIONS 54-261 THROUGH 54-269 AND SUBSTITUTING NEW SECTIONS 54-261 THROUGH 54-271; PROVIDING DIRECTIONS FOR A TRANSMITTAL OF COPIES OF THIS ORDINANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 223 April 26, 2001 was passed on its first reading, by title, at the meeting of March 8, 2001, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12053. The ordinance was read, by title, into the public record by the City Attorney. Lucia Dougherty: Mr. Chairman, members of the board, I don't think that you all realize what a historic ordinance you have just adopted, and my client, who is Tom Trento with City Solutions, is the one that (inaudible) propose these modular units -- modular newsracks, and he does this literally all over the country. He says he's never seen an ordinance where you have all of the publishers also in agreement and you have the major publications coming to the City and actually proposing a newsrack that they can live with. So, I think a lot of thanks and a lot of commendation should be given to Frank Rollason, who should be sent to the Middle East if he can solve this one. Commissioner Sanchez: So moved. Vice Chairman Gort: Listen, he's... Commissioner Sanchez: So moved that Frank gets sent to the Middle East. Commissioner Teele: One-way ticket. Vice Chairman Gort: For six months. Commissioner Regalado: Lucia, he's going to take care of the illegal billboards now. Commissioner Sanchez: Make it a year. Mr. Rollason: I'll take it. I'll take it. They quit work at four over there. Tom Trento: Good idea. Commissioners, Tom Trento, City Solutions, 2200 4th Avenue in Lake 224 April 26, 2001 Worth. I live in Delray. I just wanted to extend a commendation -- I've been in many meetings throughout the United States where some City official is trying to negotiate a compromise, and I was in meetings where Mr. Rollason had 10, 20, 30 conflicting, competing voices and his sometimes rose above those. Sometimes his words were sharp, but his focus was on the objective and, absolutely, he negotiated an phenomenal compromise and he does deserve to be commended and we're looking forward to working with him and his staff, who's done a fabulous job. Thank you. Commissioner Teele: You own the rack? Mr. Trento: Yes. Commissioner Teele: I would like very much for you to change the name of this to the Miami Newsrack Concept and then you can mark it and we'll just take a little -- get royalties. We'll get royalties. Mr. Trento: Let me consult with counsel here. We'll be in touch for sure. Thank you very much. Vice Chairman Gort: Well, thank you for being here. Thank you. And thank you for all the work y'all put together. As you can see, when we get together and we want to do something, we can get it done. Thank you. 225 April 26, 2001 Vice Chairman Gort: Item 12. Jeffrey Hepburn (Assistant Director, Housing): Item 12 is a resolution adopting the City's Local Housing Assistance Plan. There's a need for us to submit this plan to the state of Florida by May 2°a in order for the City to continue to participate in the SHIP (State Housing Initiatives Partnership) Program. Our allocation for this year will be roughly one point nine million dollars ($1.9 million). Commissioner Teele: So moved, Mr. Chairman. Commissioner Winton: Second. Vice Chairman Gort: There's a motion. There's a second. Discussion. Commissioner Teele: Did you say your name and address for the record? Mr. Hepburn: Jeff Hepburn, Assistant Director of CD (Community Development) Department. Commissioner Winton: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Winton: I don't know if this is what Commissioner Teele was referring to at an earlier point at today's meeting or not, but I discovered something probably two or three weeks ago that is -- that caught me off guard, and that is that one of the major programs we're pitching - - that I've been pitching for some time in our neighborhoods relative to homeownership is this grant program we have, where you can get low income families into homeownership and they get forty thousand dollars ($40,000) to stay in their homes, blah, blah, blah, and I found out recently that we're out of money for the rest of this year and that the amount of money that we're likely to have for next year will be significantly less. So, I think there's a backlog of three hundred and some applicants, and that means essentially that -- you know, if we have a couple million dollars ($2,000,000), the program is rendered virtually useless because two million dollars ($2,000,000) doesn't do anything when you've got forty thousand dollars ($40,000) grants, and I don't know exactly how that happened, and one of the errors that I made is that, in accepting this concept, I've been out promoting it like crazy. I went to the Realtor's Association. I've been all over the place. I've been at every one of our neighborhood revitalization efforts; I'm out there talking about it, and now I'm going to have to tell everybody that, well, April Fool, we don't have a program. Now, I think that early on, in one of the early Commission meetings when 226 April 26, 2001 I was here, this whole issue came up, and I remember challenging the concept. I said, you know, it seems to me that these should not be necessarily outright grants. Maybe there should be an interest rate charge, a low interest rate, or no interest rate, but there ought to be some mechanism where, over time, we get part of the funds back or all the funds back because it can build, over the course of a 10- or 15 -year, period a huge reservoir of real dollars for helping homeownership, but that suggestion didn't go anywhere, and so we gave out all the money in the form of grants and now we don't have any. This -- in a City like ours that has such a huge, huge need for homeownership, which becomes the absolute foundation for creating real neighborhoods -- and in many of our neighborhoods in this City, that's the single largest problem we have in our neighborhoods, is lack of homeownership. And I would hope that -- I don't know what to do. I'm just kind of thinking out loud here, but some way or another, we need to get staff to rethink and re -look and come back to us with some sort of program that can help facilitate, on a much larger scale, real homeownership, and the program that we have is effectively dead because two million dollars ($2,000,000) a year doesn't get anything. Three million dollars ($3,000,000) a year doesn't get much either. So, maybe there's something I've missed, and Gwen's shaking her head, so I'm hoping that -- maybe she's got the real answer right here and I'll shut up. Chairman Regalado: Can I say something, Gwen, before you...? Gwendolyn Warren (Director, Community Development): Yes, sir. Chairman Regalado: This program of homes rehab has been a success for -- if you look at the amount of applications and people waiting three hundred and some -- it was an idea that Gwen Warren gave on a community meeting that we extended this to the whole City and it has worked, but we need to do something else, and I'm telling you that this has to be done like right away. These people that take these loans are the weakest of the weak. They don't know nothing. They just own their house because they worked for 20, 30 years and they don't have the money. The house is falling. Probably they're widows or probably they're an old couple. They don't have any resource to go out, and what is happening is that some contractors are taking advantage of them, and they come work for a week, leave to do another job, let the -- you know, they leave the work undone. When they come back, they say, no, but you've got to pay more. No, but you've got to pay more. I have two cases in Flagami where the contractor is suing the old lady because if the guy comes in and said, well -- but lady, you need a better window. She said, OK, because she thinks that the City is paying for that, so he charges and charges and adds, and we have a situation -- I'm telling you, we have a situation -- I don't think it's all of the cases, but at least I know about four cases. You know about five. OK. Vice Chairman Gort: I have five. Chairman Regalado: OK. Commissioner Teele: I have -- I'm telling you -- and I've had a series of private communications -- I mean, memorandums and requests for the Internal Auditor to look at certain things on this thing. We found at least four or five companies that were not certified to do business. I mean, there are some structural -- there are some organizational problems, but I think the Director is trying to get her hand around it. I think part of the suspension, which she has never told me and 227 April 26, 2001 I've never asked directly -- but I think part of the suspension of the program is to scrub it and to go back and look at it because I gave them a series of points and issues, that I don't want to get into publicly, that really I feared would embarrass the City and I didn't make a big issue of it. I gave it directly to the Director. Chairman Regalado: But the problem is -- you see, Art, the problem is that there is a lady in Flagami Boulevard, for instance, and this lady is crying all day because she was presented with -- a Sheriffs officer came with a suit. She doesn't have an attorney. She doesn't have the money. She thinks she's going to lose the house, and she doesn't know what to do, and the problem -- and I think that the problem was that the City wanted to be transparent and said, oh, the persons will hire the contractors. So, anybody that will walk in, they hire. And I think that the City has to have more control in supervising and contracting some of these works because -- I mean, it's really worth it to have a person doing that only to avoid -- because you know what's happening is that what could be a dream becomes a nightmare and I'm telling you. There is another house by St. Michael's Catholic Church on Flagler and 29`h. The people, the people fell through the floor of the kitchen because of the way that they did the floor. It just fell. And they called the guy. The guy never came and that is the situation that we're having now. Vice Chairman Gort: I want you to know -- and I understand you all inherit a lot of problems and we know that, and what we'd like to do is work with you to make sure that we can improve some of those. I'd like to tell you, I received calls from some of the contractors and when they started complaining to me, I said, look, we are the ones that asked staff to make sure that they go up to you guys and you guys to make sure you're qualified to do the job. And, somehow, we have to ask those individuals -- and this is one way you can do it -- to have a performance bonds and make -- I'm sorry, go ahead. Ms. Warren: Commissioners, everything that you've -- the concerns that have been raised are really serious ones. The Manager did forward a letter that basically taught, Commissioner Winton, that this is a moratorium. It's not a closing of the program. And the moratorium is for three specific reasons: One, when we initially started the program -- and this is prior to several of you becoming Commissioners -- the City became eligible for state SHIP (State Housing Initiatives Partnership) funds in 1995, and at -- in 1998, '99 we were notified by the State that we had not spent any of the SHIP funds, and unless we spent the funds immediately and committed them to a program, they were going to recapture the funds. The City Commission took a very aggressive step... Commissioner Teele: What year was that? Ms. Warren: This was 1998, '99 -- September of '99. The City Commission, in light of the fact that the state was going to take back four years worth of money, took -- implemented a -- revised a policy -- because originally, the SHIP funds were being used for construction. There's a two- year limitation on the use of the funds. None of the monies had been spent. So, again, what the City Commission did was say, we need to keep the monies in the City of Miami. We want you to expand the program so that we can spend those funds. In doing that, we did come up and targeted toward rehab and first-time home buyers and in doing that, we were able to, in less than 16 months, spend the ten million dollars ($10,000,000) that we were going to lose. Where we're 228 April 26, 2001 at at this point is we do have a program that, one, was implemented very fast in order to one, make sure we kept the monies, and secondly, we've been able to get a lot of experience. The second issue that was raised in the Manager's letter is that, as a result of the expediting the expenditure and getting those monies into the hands of the residents, we have implemented a program. We've done over four hundred loans in a really short time period, and in that we have some issues. One of the issues is that we're targeting senior citizens to assist them with their homeowner and rehab issues and in that, as Commissioner Regalado has raised, some people do take advantage. The City Attorney's Office has provided us, as a part of this moratorium process -- we're reviewing all of our contract procedures; we're looking at ways to provide levels of protection for the residents that were not there before... Chairman Regalado: Yeah, but excuse me. Ms. Warren: Yes, sir. Chairman Regalado: Gwen, the City Attorney cannot represent these people. They don't have money for legal representation. Ms. Warren: But the things that we have talked about is a complaint resolution process, ways of arbitrating some of the issues, ways of having cancellation clauses in the residents' contracts that will preclude legal action. There's a host of things that we can do that does not require that we represent them in court, but that we advocate and assist them, including getting them representation through legal aid. The third issue, which Commissioner Winton brought up, is that staffs original thoughts were -- and I remember you raising the issue -- that shouldn't we operate this as a revolving loan fund so that we can generate dollars? And I think our answer at the time was, is that that's the most prudent thing to do, but if we don't do it the way we're doing it now, we're going to have to write a check to the state because they've already advanced us money ... Commissioner Winton: And I forget about that. So, I... Ms. Warren: So, we always recommend that we use any of our funds as a revolving loan fund, but not in a case where we're returning money. So, at that point, we said the best way to do this is -- the minimum requirement is that you have to be poor, you have to be a homeowner, you have to be a City of Miami resident. We targeted assistance to seniors and first-time homebuyers and we were able to get that ten million dollars ($10,000,000) to stay in the City of Miami. So, this moratorium is to look at policies of protection, look at policies of prioritization, and also because our program is almost as a side of our efforts, it's now a very popular program, not only locally but nationally. We have talked to the County about getting some of their SHIP dollars. They're very open to it. We have talked to the State about getting additional dollars because of our success. They're very open to it. We have put in and will be applying under a federal nova for additional money because of our track record. They're very open to it. So, again, what we're trying to do is live within our means, manage the program in a more business and efficient manner and, at the same time, take the experience of doing four hundred loans in fourteen months and the forty people who were -- did not benefit because of the issues surrounding contracting and contracts. One, we're going to put in special effort in assisting them, but the Law 229 April 26, 2001 Department has given us some very practical ideas, again, in terms of complaint resolutions, better contracts, better -- the Commission also, at your last meeting, through Commissioner Teele and the Commissioner as a whole, voted on it, that we do an RFP (Request for Proposal) to get a list of certified contractors pre -approved that would allow homeowners to pull from, so that there would be basically a pre-screening process and a list would be available through an RFQ (Request For Qualification) process, and that is something that we're working on right now. So, I think all of your concerns have really been taken to heart and I think our program was really successful. We're learning things so... Commissioner Winton: The question I have, though, is what's next? How much money are we really anticipating we're going to have when the moratorium is lifted? Ms. Warren: We know minimally we're -- we will get approximately two million. We're having some -- when we come back, we will be talking to the Commission about -- we're going to -- right now, I don't want to -- I really can't answer that. I think we're talking about four to five million dollars annually that we're going to (inaudible). Commissioner Winton: Let me put a dollar amount into perspective. If we issue a forty - thousand dollar ($40,000) grant to a homeowner for a first-time... Chairman Regalado: And why do we have to do that? Why can't we not do, Johnny, thirty thousand? Commissioner Winton: Well, exactly. And that's what I was going to tell you. If you do a fort - thousand dollar ($40,000) grant to a homeowner for purchasing a home and you -- two hundred and fifty homeowners would use up ten million dollars ($10,000,000). Well, two hundred and fifty is nothing when we have a need probably of twenty thousand or more units in our City lacking -- down to two hundred and fifty -- that doesn't get you anywhere. So, the program, I think, really has to be re -thought in the terms of how much money we have and figure out new creative ways to get more money in a program that has an opportunity to grow over time, so -- because the fact of the matter is, a City like -- what we really need is a pool of a hundred million dollars ($100,000,000). Ms. Warren: Yes. Commissioner Winton: That's what we really need here. The two million dollars ($2,000,000) that are whacked, we might as well forget about it. So, Ms. Warren: I agree. Commissioner Winton: So, (inaudible) the staff goes away and helps us figure out... Ms. Warren: We're working on it. Chairman Regalado: Can I say something? See, you can figure out -- and you're right. If you go to the numbers of the people that claim the double Homestead Exemption in the City of 230 April 26, 2001 Miami compared to the County and Hialeah, I think in the City there were twenty thousand single-family homeowners that could claim the double twenty-five thousand dollars ($25,000) Homestead Exemption. That means that these people are under the poverty level because they have to have less than twenty thousand dollar ($20,000) a year income, both persons. So, they cannot even paint their houses, and that was my point. Commissioner Winton: Well, and that's the rehab part. I haven't even talked about the rehab part. I was just on the buying part. Chairman Regalado: No, No. I'm talking about the rehab. Commissioner Winton: Right. Chairman Regalado: And the problems are from the Rehab Program. Ms. Warren: Yes, sir. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Let me ask -- yes. Commissioner Teele: I'm sorry. Vice Chairman Gort: No. Go ahead. Commissioner Teele: Were you about to say something? Mr. Chairman, I brought this item up on two separate occasions and brought it up earlier today. It came up in the town hall meeting that I had. Gwen, I want to be supportive of what you all are doing, but what I don't want to do is send a false message because somebody gave me a note two days ago, yesterday, about a particular lady -- I can't find the note, but it's the same program. It's a different lady from the other six or seven that I've already sent to you about, and I have a problem defining a program that's being successful in the manner that we're doing it. I mean, if success is processing four hundred applications, then we're successful. I don't think there's any question about that. We didn't lose any money to the State. I think some other cities -- I even think Dade County may have lost some money. But the fact of the matter is, is that I think you all should be commended. Now, we don't need to push anything under the rug here. What I really think we should do is, we should instruct staff to hold a public hearing or a workshop with the people that have received this money, to send everybody a letter, and let's come in and talk about how the design it. What I don't want to do is design a program from the government's point of view without listening to and understanding what the particular problems are, and I don't think the Commission ought to have that hearing. OK. I don't think we should necessarily. I think that should be a staff, it should be published. Everybody that has gotten money should get a certified letter or a time slots that we invite, say, two different groups in or three different groups in. Maybe you could do it by districts, you know; where people from District 4 come in, District 5. Maybe you combine -- but I don't think we ought to start patting ourselves on the back because you made three different references to the program as a success, and I think this program has the potential 231 April 26, 2001 of being very successful and I think the staff has done a very good job in dealing with the immediate issue, but to that one homeowner, who is living there almost in a state of psychological stress -- in some of these homes, Gwen, people have their roofs open, people have floors open, they're dealing with rude and nasty contractors in some cases, OK. You're dealing with incompetent contractors in other cases. You're dealing with unlicensed contractors in one or two or three cases. OK. And I had designed and have a letter, to everybody that has complained to me, ready to go out right now and I've just sort of been holding it because I really do think that the staff should hold a meeting and report back to us and let's have a public hearing, you know, in June, July, somewhere down the road, but give yourselves 60 days before you design that program. Designing that program in a vacuum, without the benefit of hearing and learning of each horror or each good story, I think doesn't do us well. And, so, I just want to urge you, Mr. Manager, to take this under advice, to come back to us in the next meeting and recommend or let us know that you're going to do something like that. Otherwise we have to form it. Ms. Warren: It is a part of the reassessment process, is to send out -- one, staff is going out into the field. We are sending out and doing assessments and evaluations of major samples of the projects, including reviewing contractors, work samples, the whole nine yards, including sitting down in living rooms and having interviews. This is a very extensive process. And we will (inaudible) personal -- public hearings is not a bad idea either. Vice Chairman Gort: Following up with Johnny's -- Commissioner Winton's suggestion. Any time we do any (inaudible) repairs in those neighborhoods, the property value of the neighborhood is going to go up and the home itself, the appreciations will take place, and I'd like to see -- and maybe you need to sit down with our Legal Department is -- in the future, just like in any investment the City makes, if those people were to sell their house, that maybe we should get some funds back to the City. Ms. Warren: We do. Vice Chairman Gort: We do right now? We have that? Ms. Warren: We do. We have a second mortgage. Vice Chairman Gort: Great. Ms. Warren: Yeah. We do. If they sell before 10 years, the balance of the unforgiven amount comes back to the City. Commissioner Winton: I thought (inaudible) 10 years. Ms. Warren: Ten years it's totally forgiven -- Vice Chairman Gort: Ten years -- 10 years... Ms. Warren: -- but it's incrementally forgiven over a 10 -year time period. 232 April 26, 2001 Vice Chairman Gort: Okey doke. That's something you should look into it. Commissioner Winton: But it seems to me -- and, Commissioner Teele, the point you're addressing is focused on an immediate crisis and the point I'm talking about is a long-term need for housing in the City, and it seems to me that, from a Commission standpoint, we need to provide some direction and give the staff an appropriate challenge, and the challenge has to identify the amount of money that we think ought to be available for homeownership and homeownership rehab programs in our City over some period of time. As an example, if we felt that, at the end of 10 years, we ought to have a seventy-five million dollar ($75,000,000) fund or a fifty million dollar ($50,000, 000) fund, you know, we ought to be thinking and we ought -- maybe we ought to direct staff to go back and do that thinking for us and bring a plan back that suggests to us that here is a program that we could create and the ways we could create a program that would, in fact, generate, over the course of the next 10 -or 15 -year period, this much money by setting aside this much per year so that, in 10 or 15 years, our legacy is, we've created a pool of dollars long-term for the City of Miami that could be fifty to a hundred million dollars ($100,000,000) for homeownership and home rehab, and ... Commissioner Teele: Second the motion. Commissioner Winton: Thank you. Commissioner Teele: With a date specific of June 28th. Ms. Warren: To come back with a project? Commissioner Teele: No. To come back with a conceptual plan of what you're going to do and based... Commissioner Winton: Some ideas. Commissioner Teele: Sixty days isn't enough time? It's all of May and all of June. We're going to be into the next cycle. . Ms. Warren: We'll do our best. I think the challenge was to come up with a financing plan for fifty to a hundred million dollars ($100,000,000) annually. Sixty days might not do it. Commissioner Winton: What we're saying is that, you know where all the resources are; we don't. Ms. Warren: OK. Commissioner Winton: You come back and tell us what the number is and how you get there. Vice Chairman Gort: Wait a minute. But we are going to create a new authority that's going to be able to look at these things and look at a way -- 233 April 26, 2001 Ms. Warren: That's correct. Vice Chairman Gort: -- to maybe they (inaudible) could create revenue bonds. If it's tax exempt, you might be able to do something. Commissioner Winton: Right. Ms. Warren: That's (inaudible). Vice Chairman Gort: That's something you need to put into the new board that's coming in. OK. Commissioner Winton: Right. Be creative here. Ms. Warren: OK. I'll take the challenge. Commissioner Teele: But you know what. I'm going to tell you something. If cities like Miami and Dade County had problems spending the SHIP money, you can imagine there's SHIP money everywhere. Now, have we really engaged our lobbyists to sit down -- Ms. Warren: Yes, we have. Rigorously. Commissioner Teele: -- in Tallahassee and to try to figure out how to sweep SHIP dollars? And who's been working on that? Ms. Warren: We've been working with Mr. Book's office and we've also been working with our lobbyists in Washington. We've also been working with our... Commissioner Teele: No. I'm talking about SHIP dollars, Gwen. Ms. Warren: Ron. And... Commissioner Teele: And what agency is... Ms. Warren: It's a state... Commissioner Teele: Is this Community Affairs or where? Mr. Hepburn: It's the Florida Housing Finance Corporation. Commissioner Teele: OK. Well, I just had a guy appointed to that. What was his name? No, the Governor appointed him. I didn't -- let me -- I just wrote a letter of recommendation. But, I mean, nobody -- you know what's funny? Commissioner Winton: Say what? 234 April 26, 2001 Vice Chairman Gort: You recommended. Commissioner Teele: You know, see, this is my point. Nobody has said anything to me about it. But there had been at least four different developers, including Mr. Solomon Yukon, including -- I can name four people that have come to me in my private capacity to say, will you call so and so and so and so and so and so on the Housing Finance Board because we understand you know this person very well. And, you know, if there is some Housing Finance money -- SHIP money, we need to put our resources together and get it done. Commissioner Winton: Our individual resources. Absolutely right. Ms. Warren: Right. Absolutely. Commissioner Teele: Yeah. Because I can tell you this, Mr. Book is great in the legislature, you know, in the legislature, but the executive, that's a different regime process that's operating, and that's not to say that he can't be effective. But we ought to go ahead and look at this. But I want to make the point that Commissioner Regalado is making. I don't think we ought to deviate too radically from what we're doing, but I do think age -- older people should get preference, older homeowners in the rehabilitation program. They are afraid to death to do anything and what happens Johnny, is they don't want to borrow money and they just let the house deteriorate, which deteriorates the neighborhood. So, I would offer that as one policy thought. Vice Chairman Gort: I think you've got you've homework Ms. Warren: I think so. Vice Chairman Gort: And all in favor state it by saying "aye." The Commission (Collectively): "Aye." 235 April 26, 2001 The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-370 A MOTION DIRECTING THE ADMINISTRATION TO PREPARE A CONCEPTUAL PLAN (INCLUDING IDENTIFICATION OF THE AMOUNT OF MONEY THAT THE CITY HAS) FOR HOMEOWNERSHIP ASSISTANCE AND BRING BACK SAID PLAN FOR COMMISSION CONSIDERATION AT THE MEETING OF JUNE 28, 2001. Upon being seconded by Commissioner Teele, 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 236 April 26, 2001 The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-370.1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), APPROVING THE CITY OF MIAMI'S LOCAL HOUSING ASSISTANCE PLAN FOR THE PERIOD OF JULY 1, 2001 THROUGH JUNE 30, 2004, PURSUANT TO THE CITY'S CONTINUED PARTICIPATION IN THE STATE OF FLORIDA'S STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMIT THE LOCAL HOUSING ASSISTANCE PLAN, ATTACHED AND INCORPORATED, FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SHIP PROGRAM AND THE LOCAL HOUSING ASSISTANCE PLAN; ESTABLISHING THE ACTIVITIES TO BE IMPLEMENTED BY THE PLAN; AND INCREASING THE ADMINISTRATIVE COSTS FOR IMPLEMENTATION OF THE SHIP PROGRAM FROM FIVE TO TEN PERCENT. (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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Tomas Regalado Commissioner Winton: Welcome to the meeting. Ms. Warren: Thank you. Commissioner Winton: Come back again. Ms. Warren: OK. 237 April 26, 2001 Vice Chairman Gort: Item 13. Gwendolyn Warren (Director, Community Development): Commissioners, item 13 is a follow- up item from your February 15`h meeting. The City Commission directed that the staff come back with an ordinance to establish the Homeownership Zone Trust, which is our private public partnership. The Model City Homeownership Trust would be responsible for oversight and facilitation of redevelopment in the Model City Community Revitalization District, and specifically the implementation of our Homeownership Zone activities. This is a first reading and... Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Teele: Second. Vice Chairman Gort: Read it. Ms. Warren: OK. I would -- I've also been instructed that it was very important that I read into the record that the Trust again is authorized to do revitalization activities within the Model City - - within the whole community revitalization district, and that the selection of the membership would be, again, in the categories that are outlined in the memo, but that the recommendation for the membership would come from the Manager to the Commission for final approval. Vice Chairman Gort: Definitely. OK. Read it. Roll call. 238 April 26, 2001 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE AND ESTABLISH THE MODEL CITY HOMEOWNERSHIP TRUST (THE "TRUST"); DESIGNATE THE TRUST'S JURISDICTIONAL AUTHORITY, SET FORTH THE TRUST'S PURPOSE, POWERS AND DUTIES AND PROVIDE FOR COMPOSITION AND APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP, ELIGIBILITY, AND ATTENDANCE REQUIREMENTS, OATH QUORUM AND VOTING MEETINGS, INDEMNIFICATION, ABOLISHMENT AND "SUNSET" REVIEW OF THE TRUST EVERY FOUR YEARS; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND BY ADDING NEW DIVISION 13 TO ARTICLE XI; CONSISTING OF SECTIONS 2-1160 THROUGH 2-1169 TO CHAPTER 2 OF THE CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez, seconded by Commissioner Teele, and was passed on first reading, by title only, 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 The ordinance was read, by title, into the public record by the City Attorney. Commissioner Teele: Mr. Attorney, does this Trust retain the City Attorney as the counsel? Does it make reference to that? Ms. Warren: City Attorney is the counsel. Commissioner Teele: Does the legislation make reference to that? Ms. Warren: I'm not sure. No, it does not. Alejandro Vilarello (City Attorney): The City Attorney's Office shall provide legal services to 239 April 26, 2001 the Trust as may be necessary and may be requested by the Trust. Commissioner Teele: And I specifically wanted that language in there, with the understanding that as you deem appropriate, for example, with other agencies, you have the right to designate special counsel or something of that nature, if it comes to that. The other point that I want to be very clear on -- oh, I'm going to ask that the date for the sunset -- for the initial sunset be six years and four years thereafter. You've got four years. And it's going to take five to six years to run this thing out. There's no need in creating havoc in the beginning. And the final thing in that regard is the Trust will have the opportunity or the -- and I want to -- I'm saying this for my colleagues -- the Trust will have the opportunity to own land. Ms. Warren: Yes. Commissioner Teele: OK. And, I -- again, this is very important because most of the Trusts that we set up or at least two of the Trusts -- this is more modeled after the Dade County Public Health Trust as opposed to the Bayfront Trust, and there are several different models. This Trust will actually be an operating Trust as opposed to a strictly advisory Trust, but the controls will be through the Attorney's Office, who works only for the Commission, and also through contracts that must be approved and we will approve. So, I wanted to be very clear. And one of the reasons is, is that the disposal of land, Johnny, that is purchased and disposed of, if we buy it, it's under your Charter stuff, and you get these little slithers of land here and there and you can't do anything with it but cut the grass, et cetera, et cetera. So, that's a part of what this was about, and I wanted to be very clear that everybody understands that. OK. Thank you. Commissioner Winton: I have one question. At what point do we see -- this is kind of probably in advance, but when do we see the master plan for the project that identifies how much housing, price of housing, you know, whether it's single-family and condo style or town home style and all that kind of jazz? Ms. Warren: At your February 15th meeting you authorized the Planning Department to go through a solicitation process to select a planner, a master planner. On the 8th of May, the final interviews for that selections process will occur. And the panel members are myself, Ana Gelabert, Planning Director, and Elizabeth Plater-Zyberk are the three panel members, and we also have a staff consultant that will be going through the interviewing process. The contract calls for the plan to be completed in four months, with a series of public hearings, so you're looking at it to come back here to the Commission at a reasonable time period. Commissioner Winton: Great. Thank you. Commissioner Teele: Mr. Chairman. One thing, Gwen. Ms. Warren: Yes, sir. Commissioner Teele: I would respectfully ask the Manager to designate someone from the affected area to sit on that committee, as well. 240 April 26, 2001 Ms. Warren: Oh, I'm sorry. Patrick Range -- Mr. Range will -- is also a member with us on that board in the selections of the planner. Commissioner Winton: Very good. Ms. Warren: I'm sorry. I did... Commissioner Teele: Is that former Commissioner Athalie Range's son? Ms. Warren: Yes, sir. Commissioner Teele: Very good. Thank you. Ms. Warren: He's not only -- yes; he's going to be on the Selection Committee. Commissioner Teele: Good appointment. Vice Chairman Gort: OK. Any further discussion? Mr. Vilarello: Mr. Chairman? Vice Chairman Gort: Yes. Mr. Vilarello: Commissioner Teele suggested a change in the sunset provision. Has that been accepted by the maker of the motion? Commissioner Sanchez: From four to six years? Mr. Vilarello: In the first term. And then four years thereafter. Commissioner Sanchez: Six years and then four years. Commissioner Teele: Thereafter. Commissioner Sanchez: Accepted. Mr. Vilarello: Right. Vice Chairman Gort: Second. OK. Is that an ordinance or a resolution? Mr. Vilarello: It's an ordinance. Vice Chairman Gort: Read it. Mr. Vilarello: It's been read, Commissioner. 241 April 26, 2001 Vice Chairman Gort: It's been read. OK. All in favor state it by -- roll call. Commissioner Sanchez: Mr. Chairman, on that note. January -- the last meeting of January there was a resolution passed by -- there was a motion passed directing that the next project would be the Little Havana Revitalization. Ms. Warren: Yes. Commissioner Sanchez: And also there was a motion passed to bring back similar item pertaining to -- Commissioner Winton: How do I get one in Wynwood? Commissioner Sanchez: Excuse me? -- Pertaining to the Trust, to be brought to the Commission for approval. I believe it was the end of April. So, it's just a reminder that I believe that needs to come forth probably the next -- following Commission meeting for establishing -- Ms. Warren: It will be the second meeting of May. Commissioner Sanchez: -- for establishing the similar concept that was established here for the Little Havana Revitalization. Ms. Warren: Correct. Vice Chairman Gort: Thank You. 242 April 26, 2001 Vice Chairman Gort: Item 14, it's been heard already. Item 15 has, too. Item 16 has been withdrawn. Item 17, the flags have been withdrawn. Seventeen. Lucia Dougherty: Eighteen. Commissioner Sanchez: Eighteen. So moved. Commissioner Winton: So move what? Commissioner Sanchez: Eighteen, so moved. Commissioner Regalado: What are we moving here? Commissioner Sanchez: Explain it. Commissioner Winton: Whose district is that? Ms. Dougherty: This is to authorize the payment -- instead of paying fifty thousand dollars ($50,000) to the City... Commissioner Winton: Oh, I got it. I understand. I was on the wrong agenda item. Ms. Dougherty: OK. Back in 1995 we had offered, on behalf of the Chateau Meritage, which is now the Metropolitan on Brickell Avenue... Commissioner Winton: Excuse me one moment. Didn't you move this? Commissioner Sanchez: Yes. Commissioner Winton: Second. Commissioner Sanchez: I mean... Commissioner Winton: Second. Vice Chairman Gort: Further discussion. Let me ask you a question. My understanding, the reason that was done was because the properties of the condominiums that faced the water, the Biscayne Bay, and that was to block the traffic from all (inaudible), those 243 April 26, 2001 people in agreement with this? Ms. Dougherty: They were not able to get a consensus and the cost of the guard gate was actually too much. There was some building code issues that involved anyway. At that time we had offered to pay the City of Miami the fifty thousand dollars ($50,000) instead of building the guard gate. Now, the developer and the homeowners -- and I have a resolution from the Brickell Homeowner's Association, and I've giving the original one to the City Clerk -- anyway, the developer and the homeowner's association would like to use, instead, that money to landscape and improve the medians in front of the Metropolitan, as well as the other condominiums around. I mean, it was supposed to be made as an improvement to the neighborhood and that's why we all ... Vice Chairman Gort: I understand, but the people particularly that came here asking for that, were the people that going to be -- because of this new construction taking place, the traffic flow was going to increase within this one area. Those were the people (inaudible), not the whole Brickell Homeowner's Association. Ms. Dougherty: No. It was for everybody. It was for the -- it was to block the traffic on 25th Road. It was going to be a guard gate for 25th Road. Vice Chairman Gort: OK. Any further discussion? Any one from the public would like to address this? Show no one is show. All in favor state by saying "aye." The Commission (Collectively): "Aye." Ms. Dougherty: Thank you very much. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-371 A MOTION APPROVING REQUEST FROM METROPOLITAN CONDOMINIUM (FORMERLY KNOWN AS THE BRICKELL CLUB AND CHATEAU MERITAGE, 2475 BRICKELL AVENUE) TO MODIFY PROVISIONS OF VOLUNTARY CONTRIBUTION MADE BY SAID GROUP ON FEBRUARY 9, 1995 TO CONSTRUCT A GUARDHOUSE ON S.E. 25TH ROAD, BY INSTEAD, USING ITS CONTRIBUTION OF $50,000 FOR MEDIAN AND LANDSCAPE IMPROVEMENTS TO S.E. 25TH ROAD, AS REQUESTED BY THE BRICKELL HOMEOWNERS ASSOCIATION. 244 April 26, 2001 Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Johnny L. Winton Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman Gort: Thank you, Lucia. 245 April 26, 2001 6"7. TALE: REP$"SENTATIVE( FR S1SLAN-� FEATK T%N INC. TO AD �� CIOMN� CONCERNING REAMURSEMENT OF FEES FOR S©CCEIP TOURNAMWT (See #99). Vice Chairman Gort: Nineteen. Albert Ruder (Director, Parks and Recreation): I think we should wait for Commissioner Teele. This item is in his district and he's been working with them on this, so ... Note for the Record: Item 19 was tabled, pending the presence of District 5 Commissioner, Commissioner Teele.] 246 April 26, 2001 Vice Chairman Gort: Item 20. Fire -rescue. Commissioner Sanchez: So moved. Vice Chairman Gort: It's been accepted in funds. It's been moved. Is there a second? Is there a second? Commissioner Winton: Second. Vice Chairman Gort: Any discussion? Is it an ordinance? Alejandro Vilarello (City Attorney): It's an ordinance. Open and close the public hearing? Vice Chairman Gort: It's closed. Roll call. An Ordinance entitled AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING NEW SPECIAL REVENUE FUND ENTITLED "FEMA/USAR GRANT AWARD, FISCAL YEAR 2001 FUND" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $15,000; CONSISTING OF A GRANT ALLOCATED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), FOR THE PURCHASE OF EQUIPMENT, PROVISION OF TRAINING, MANAGEMENT AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARDED TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 247 April 26, 2001 was introduced by Commissioner Sanchez and seconded by Commissioner Winton, 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 Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Whereupon, the Commission, on motion of Commissioner Sanchez and seconded by Commissioner Winton, adopted said ordinance 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. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12054 The ordinance was read, by title, into the public record by the City Attorney. 248 April 26, 2001 Vice Chairman Gort: Twenty-three. An ordinance... Commissioner Winton: So moved. Vice Chairman Gort: -- revise the parking rates. This is second reading. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Read it. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53/ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUM AND CONVENTION CENTERS/CONVENTION CENTER OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI, JAMES L. KNIGHT", TO PROVIDE FOR INCREMENTAL PARKING FEE SCHEDULE AN FOR A SPECIAL PARKING RATES AT THE CONVENTION CENTER PARKING GARAGE; MORE PARTICULARLY BY AMENDING SECTION 53-181, (4); 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 March 8, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, 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 Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. 249 April 26, 2001 THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12055. The ordinance was read, by title, into the public record by the City Attorney. 250 April 26, 2001 Vice Chairman Gort: Item 24. Ordinance, second reading. Commissioner Sanchez: You made the motion last time, Commissioner Winton. Commissioner Winton: So moved. Vice Chairman Gort: I need a motion. Commissioner Winton: So moved. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Anyone in the public would like to address this? Read it. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FIRE PROTECTION," WHICH SETS FORTH FEES FOR FIRE INSPECTION OF PERMITS, TO: (1) ADD FEES FOR NEW SERVICES, (2) COVER COSTS OF PERFORMING CERTAIN REVIEWS AND ENFORCEMENT, AND (3) CLARIFY MODIFY CERTAIN SERVICES AND FEES; MORE PARTICULARLY BY AMENDING SECTION 19-2 OF SAID CODE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 251 April 26, 2001 Passed on its first reading, by title, at the meeting of March 8, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, 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 Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12056. The ordinance was read, by title, into the public record by the City Attorney. 252 April 26, 2001 Vice Chairman Gort: Item 25, second reading. Getting -- receiving a... Commissioner Winton: So moved. Vice Chairman Gort: Forty-two thousand dollars ($42,000) for Wynwood. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Anyone in the public would like to address? Read It. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING AN INITIAL APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED: "WYNWOOD/HIDTA, CRIME AND DRUG DEMAND REDUCTION PROGRAM FUND," AND APPROPRIATING $42,000 TO SAID FUND; CONSISTING OF A GRANT FOR THE SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA (HDTA) CRIME AND DRUG DEMAND REDUCTION PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 253 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, 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 Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12057. The ordinance was read, by title, into the public record by the City Attorney. 254 April 26, 2001 Vice Chairman Gort: Item 28 is an ordinance authorizing City Manager to accept grant award -- Commissioner Sanchez: So moved. Vice Chairman Gort: -- of fifteen hundred dollars ($1,500). It's been moved. Is there a second? Commissioner Winton: Did we do 16 already? Commissioner Sanchez: Twenty-six Walter Foeman (City Clerk): Twenty-six. Commissioner Sanchez: Was 26 deferred by the administration? Mr. Foeman: No, it wasn't. Commissioner Sanchez: No. OK. Skipped a couple. Vice Chairman Gort: Let's do 28. Commissioner Winton: OK. So moved. Commissioner Sanchez: OK. Second, number 28, which is accepting a grant. Frank Rollason (Assistant City Manager): Right. Frank Rollason, Assistant City Manager. That's a grant for the markers and get the markers right out here on the Dinner Key to get us out to the channel. We have to mark the marina area. Vice Chairman Gort: OK. Commissioner Sanchez: No discussion. Vice Chairman Gort: No discussion. Commissioner Sanchez: Read the ordinance. Alejandro Vilarello (City Attorney): This is item 28. 255 April 26, 2001 Vice Chairman Gort: Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "FLORIDA REGULATORY MARKERS AND SIGNAGE GRANT FUND" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $1,500; CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, 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. The ordinance was read, by title, into the public record by the City Attorney. 256 April 26, 2001 Vice Chairman Gort: I'm sorry. I missed 26. I think it's very important, which is receiving funds from the Miami Photographic Collection Project -- Commissioner Winton: So moved. Vice Chairman Gort: Forty thousand dollars ($40,000). It's been moved. Second? Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: Read it. Roll call. Alejandro Vilarello (City Attorney): I'm sorry, Commissioner. Item? Vice Chairman Gort: Twenty-six. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI'S PHOTOGRAPHIC COLLECTION PROJECT: 1940 THROUGH 1980" AND APPROPRIATING FUNDS IN THE AMOUNT OF $8,000; CONSISTING OF A GRANT ADMINISTERED BY THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 257 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 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 Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12058. The ordinance was read, by title, into the public record by the City Attorney. 258 April 26, 2001 Vice Chairman Gort: Item 27 is... Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved. Commissioner Winton: Second. Vice Chairman Gort: And second. Any -- read it. Alejandro Vilarello (City Attorney): And, Commissioner, for the record, there was no member of the public who wish to speak on this item. Vice Chairman Gort: On none of the items. Nobody is left, except us. And some of the public. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11991, ADOPTED NOVEMBER 16, 2000, WHICH ESTABLISH INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUNDS, ENTITLED "WORKFORCE/ WELFARE TRANSITION PROGRAM (PY 2000-2001)," TO INCREASE APPROPRIATIONS TO THE FUND IN THE AMOUNT OF $181,852; CONSISTING OF A GRANT FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; AUTHORIZING THE CITY ATTORNEY TO ACCEPT THE GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 259 April 26, 2001 was introduced by Commissioner Sanchez, 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 Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. The ordinance was read, by title, into the public record by the City Attorney. 260 April 26, 2001 Vice Chairman Gort: Thirty, modification of emergency procurement for Spillis Candela. Do I have a motion? Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Regalado: What is this, 30? Commissioner Sanchez: Thirty, yeah. Ratifying... Alejandro Vilarello (City Attorney): Thirty. Vice Chairman Gort: Item 30. Commissioner Regalado: That's money for what? Carlos Gimenez (City Manager): That was the money that we used when we hired this firm to do site analysis work force for the Marlins baseball site location. Commissioner Regalado: So, it's been done already? Mr. Gimenez: Yes, sir. Commissioner Sanchez: It's ratifying. Commissioner Regalado: OK. Vice Chairman Gort: Any further discussion? Being none... Walter Foeman (City Clerk): I need a seconder, Mr. Chairman. Vice Chairman Gort: This is a resolution? Commissioner Sanchez: I moved it. Who seconded it? Need a second. Commissioner Regalado: I'll second. Vice Chairman Gort: Regalado seconded it. Vice Chairman Gort: OK. This is a resolution? All in favor state by saying "aye." 261 April 26, 2001 The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-372 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR- FIFTHS (4/5") AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND AUTHORIZING THE ACQUISITION OF SITE ANALYSIS SERVICES FOR THE RELOCATION OF THE MARLINS BALLPARK FROM SPILLIS CANDELA DMJM, IN AN AMOUNT NOT TO EXCEED $87,500; ALLOCATING FUNDS FROM 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. 262 April 26, 2001 Commissioner Sanchez: Thirty-one. Vice Chairman Gort: thirty-one. It's... Commissioner Sanchez: So moved, Mr. Chairman. Vice Chairman Gort: I don't know. Wait a minute. Commissioner Winton: Second. Vice Chairman Gort: Discussion? Any discussion? Nobody in the public would like to discuss this item? It's very important. Commissioner Winton: Call the question. Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." 263 April 26, 2001 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-373 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR- FIFTHS (4/5") AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE BAYFRONT PARK MANAGEMENT TRUST'S ("TRUST") EXECUTIVE DIRECTOR'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION AND INSTALLATION OF A MOELLER CIRCUIT BREAKER NZM12-800/ZM12A-700-NA FROM FLORIDA BEARINGS, INC. FOR THE MILDRED AND CLAUDE PEPPER FOUNTAIN AT BAYFRONT PARK, IN AN AMOUNT NOT TO EXCEED $4,916.71; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET OF THE TRUST. (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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None 264 April 26, 2001 Vice Chairman Gort: Thirty-two, Motorola is back. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: It's for the purchase of radios for the Fire Department. Any discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Resolution 374. The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-374 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT WITH MOTOROLA, INC. FOR THE ACQUISITION OF FIFTY-NINE MOTOROLA XTS 3000 III PORTABLE RADIOS, WITH THE SMARTNET SOFTWARE SYSTEM AND ACCESSORIES, FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $214,932, FROM $2,260,554.60 TO $2,475,486.60; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 313303.289401.6.840, AS FUNDED BY THE FIRE ASSESSMENT FEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 265 April 26, 2001 Upon being seconded by Commissioner Sanchez, 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 266 April 26, 2001 Vice Chairman Gort: Thirty-three. Commissioner Winton: So moved. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved -- second. Any further 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. 01-375 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 OR COMPETITIVE SEALED BIDDING PROCEDURES, AND AUTHORIZING THE ROOF REPAIRS TO THE RECREATION BUILDINGS, BATHROOMS AND SHELTERS AT CURTIS, ROBERTO CLEMENTE, JOSE MARTI, MOORE, REEVES, AND WAINWRIGHT PARKS, IN A TOTAL AMOUNT NOT TO EXCEED $201,350; ALLOCATING FUNDS FROM THE DESIGNATED PROJECT ACCOUNTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 267 April 26, 2001 Upon being seconded by Commissioner Sanchez, 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 Commissioner Sanchez: Thank God. How long has this project taken place? How long have we been... Unidentified Speaker: Done. These are done. Roofs are done. These are fixed. These are repairs. It's after the fact. We already got them fixed. Commissioner Sanchez: OK. 268 April 26, 2001 Vice Chairman Gort: Item 34. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Commissioner Sanchez: Second. Vice Chairman Gort: Is there a 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. 01-376 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR/FIFTHS (4/5 THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S DETERMINATION THAT IT WAS ADVANTAGEOUS AND PRACTICABLE TO ACQUIRE AN ADDITIONAL 830 SQUARE FEET OF OFFICE SPACE AT THE ALLAPATTAH ONE STOP CENTER, LOCATED AT 1313 NORTHWEST 36TH STREET, MIAMI, FLORIDA, TO HOUSE THE HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS ("HOPWA") ADMINISTRATIVE OFFICES STAFF; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE EXISTING LEASE AGREEMENT WITH GOLDEN SANDS ALLAPATTAH CORPORATION, INC., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; ALLOCATING FUNDS FOR THE ADDITIONAL SQUARE FOOTAGE FROM HOPWA PROGRAM FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 269 April 26, 2001 Upon being seconded by Commissioner Sanchez, 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 270 April 26, 2001 Vice Chairman Gort: Thirty-five, a resolution... Commissioner Teele: So moved. Commissioner Winton: Second. Vice Chairman Gort: It's been moved. Is there a 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. 01-377 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), CERTIFYING THAT THE PROPOSED 40 - UNIT NEW HOPE/OVERTOWN HOUSING PROJECT TO BE DEVELOPED BY BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. IN THE OVERTOWN REVITALIZATION DISTRICT IS CONSISTENT WITH THE CITY OF MIAMI'S COMPREHENSIVE NEIGHBORHOOD PLAN (1984-2000) AND FIVE-YEAR CONSOLIDATED PLAN (1999-2004) AND ALL APPLICABLE AFFORDABLE HOUSING REGULATIONS; DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THIS RESOLUTION TO THE STATE OF FLORIDA OFFICER OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT FOR BAME'S PARTICIPATION IN THE STATE OF FLORIDA COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 271 April 26, 2001 Upon being seconded by Commissioner Winton, 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 272 April 26, 2001 Vice Chairman Gort: Item 36, resolution ratifying City Manager's action, Police Service Dog. Commissioner Winton: So moved. 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. 01-378 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5"s) AFFIRMATIVE VOTE RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND AUTHORIZING THE PROCUREMENT OF A POLICE SERVICE DOG FOR THE DEPARTMENT OF POLICE FROM METRO-DADE K-9 GUARD DOGS, UNDER EXISTING MIAMI -DARE COUNTY BID NO. IB4293-02/02-1, IN AN AMOUNT NOT TO EXCEED $6,500; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.875. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 273 April 26, 2001 Upon being seconded by Commissioner Sanchez, 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 274 April 26, 2001 Vice Chairman Gort: Thirty-seven. Commissioner Sanchez: So moved. Commissioner Winton: Second. Vice Chairman Gort: Any discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Resolution 379. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-379 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR- FIFTHS (4/5 THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND AUTHORIZING THE PROCUREMENT OF THIRTY GNB S12V370 BATTERIES FOR THE UNINTERRUPTIBLE POWER SUPPLY SYSTEM IN THE E-911 CENTER BACKUP SITE FOR THE DEPARTMENT OF POLICE FROM POWERWARE GLOBAL SERVICES, IN AN AMOUNT NOT TO EXCEED $6,168; ALLOCATING FUNDS FROM THE E-911 OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.722. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 275 April 26, 2001 Upon being seconded by Commissioner Winton, 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 276 April 26, 2001 Vice Chairman Gort: Thirty-eight, pay telephone. Commissioner Teele: What are we doing? Frank Rollason (Assistant City Manager): On 38? Commissioner Teele: Yes. Commissioner Winton: Good question. Commissioner Sanchez: On 38, I have a question for that. Vice Chairman Gort: I do, too. Mr. Rollason: Thirty-eight is a modification to the existing pay phone, to try to -- what it does is put the revenue sharing in on the advertisement, and that was negotiated and that's what this does. Commissioner Winton: Is there a new look for the pay phone booths or is this just the same stuff we see ... Mr. Rollason: There are some representatives here today that are from the industry that have -- that are putting the pay phones in, but, yes, there is a new look, and part of that was to have the advertising, and it was understood in the initial negotiations, as they understood it, that advertising was included in there and there was language that said signage never became a question over what was signage and what was advertising and we got back together and negotiated with them an negotiated a percentage of that advertising for the City. That was acceptable to the member of the Commission that brought the issue up, and that's where we're at, modify that. Commissioner Winton: So, this is the new booth that we'll be seeing? Mr. Rollason: That is correct. That is correct. Commissioner Winton: Because you saw one of these on Flagler the other day and I liked it. Vice Chairman Gort: Well, that's -- the problem that I've had is -- and I'll call it to attention -- because I received a few calls from the -- and the members in the industry met with me an they explained to me the reason why they need to do the advertising, but the problem that we have, we're going to spend over fifteen million dollars ($15,000,000) 277 April 26, 2001 with the improvements of Flagler Street, and as I went through this material here. You're talking about most of them being in downtown Miami, and one of the requests that I've asked of them and that I've asked of you all, is you've got to go back to the downtown and I don't think the downtown -- one of the things we want to do is clear up Flagler Street and take as much things off as possible. As a matter of fact, we're working with the Law Department to make sure the venders, after we get through with our construction, the vendors on Flagler Street and the (inaudible) avenues. So ... Mr. Rollason: And that's why this is a one-year pilot project, and we can revisit it at that time to relocate them, but there also had to be an incentive for them to provide telephones downtown. Vice Chairman Gort: I understand. But I also want to make sure that somehow we make it clear -- because this came out of misunderstanding, because I personally, when we approved the -- whatever resolution we approved, I never thought I was approving advertising for a telephone booth. Mr. Rollason: I understand. Vice Chairman Gort: And my understanding, that was interpretation that Public Works or you all did and you allowed -- and you issued the permit and you allow this to take place, and -- so, I want to make sure there's no more misunderstanding, that it takes place. And Flagler Street and all three, by November, we're going to be breaking ground. They have to be aware. They have to be out by then. Any other... Commissioner Sanchez: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Sanchez: I just have one question. Very brief question. Under the Latin Quarter district, does it fall under the Latin Quarter rules and regulations of the Latin Quarter? Mr. Rollason: I don't know the answer to that. Maybe John does. Vice Chairman Gort: I can tell you it does. Commissioner Sanchez: Well, let me tell you something. I can't support it. And I'll tell you why I couldn't support it. We have businesses that we regulate. Anyone that wants to come in and open up a business must follow those compliances, must follow those rules and regulations of the Latin Quarter concept. This has to fall within that, and I think we've made significant improvements to improve the area, to have these phones be put and not fall under that concept. Now, if it doesn't, I would like for this item to be deferred and I would like to meet with you to see what we could work out. So move to defer. 278 April 26, 2001 Vice Chairman Gort: Motion to defer. Commissioner Teele: Well, let me ask this now. Are you talking about -- what area are you talking about? Commissioner Sanchez: Latin Quarter, Little Havana. Commissioner Teele: But I thought this was limited to... Commissioner Sanchez: No. Downtown and Latin Quarter district. Vice Chairman Gort: It's all over. No, no. Commissioner Teele: Second the motion on that, to defer. Vice Chairman Gort: It's been moved and second. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Any further discussion? Being none... Commissioner Sanchez: Well, wait. We could bring it back in the next Commission meeting. I just want to meet and make sure they fall under the Latin Quarter concept. Mr. Rollason: Well, what we tried to do is tie these in so that they did match with the newsracks and we've had them modify them so there starts to be some look with the street furniture that begins to tie it together. So, that's what we have done. This is a one- year program and it's a great improvement over what we have out there. Commissioner Teele: Yeah, but you know what? In fairness, why don't you just agree to bring it back the next first meeting -- the next meeting. That's not... Commissioner Sanchez: I would just like to ... Mr. Rollason: No. Yes. Commissioner Teele: Let the district Commissioner represent his district. Commissioner Sanchez: Listen Mr. Rollason: Loud and clear. I got it. Commissioner Sanchez: I would like for you to sit down with me and then we'll bring it back. We'll continue it to the next Commission meeting, and we'll bring it back again. Vice Chairman Gort: They could probably comply very easily. 279 April 26, 2001 Commissioner Sanchez: I'm just not comfortable and I'll support you. Commissioner Teele: Is there a minimum payment that they're going to make? The thing that I read said 15 percent. Is there a guarantee? Are they going to guarantee ... John Jackson (Acting Director, Public Works): Well, it's 15 percent of the advertising revenue. Commissioner Teele: Well, 15 percent is no guarantee. Are they going to guarantee any number to participate? Elaine Buza (Telecommunications Administrator, Information Technology): Elaine Buza, Telecommunications Administrator. No, there is no minimum guarantees. It's 15 percent of the advertising revenue that would result from these pay phone enclosures. Commissioner Teele: Has this been coordinated with the Police Department? Vice Chairman Gort: Nope. Ms. Buza: No, it has not. Commissioner Teele: Then, also, coordinate it with the Police Department, please. Vice Chairman Gort: OK. Commissioner Teele: Look, in my district, they tell the people, "Get the pay phones out." Now, I mean, I notice that y'all didn't add my district in. I guess you don't want to do advertising there. I'm not going to fight you over it. But I think it really should be coordinated with the Police Department. You know, they're secured to do as you please. Vice Chairman Gort: I received -- and when you come back, I've also received a lot of the complaints, not with this, but places where we have eliminated phones because of criminal activities. I understand the law has been changed. I need to get more information on that. When you come back next time. What can we do to change some of that? Because I continue to get calls to remove some of the public phones in public places. Mr. Rollason: All right. We'll bring that back. I can tell you that our ability has been hamstrung tremendously by the State and ... Vice Chairman Gort: I understand. But if we can do anything about it, we should. Mr. Rollason: We'll do that. We'll bring back a complete package to you the next time. Vice Chairman Gort: Thank you. All in favor state by saying "aye." 280 April 26, 2001 The Commission (Collectively): "Aye." Motion 380. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-380 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 38 (PROPOSED PILOT PROGRAM FOR STANDARDIZED MODULAR PAY TELEPHONE ENCLOSURES) TO THE NEXT COMMISSION MEETING; FURTHER DIRECTING THE ADMINISTRATION TO VERIFY IF SAID PLAN COMPLIES WITH REGULATIONS PERTAINING TO THE LATIN QUARTER DISTRICT; FURTHER DIRECTING THE CITY MANAGER TO COORDINATE THIS PROJECT WITH THE POLICE DEPARTMENT; AND FURTHER DIRECTING THE CITY ATTORNEY TO UPDATE THE COMMISSION ON THE LAWS PERTAINING TO ELIMINATION OF PAY TELEPHONES IN ORDER TO CURB CRIMINAL ACTIVITY. Direction to the City Manager: by Vice Chairman Gort to meet with each member of the Commission to inform them on the aforementioned matter. Upon being seconded by Commissioner Teele, 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 Vice Chairman Gort: Item 39. Alejandro Vilarello (City Attorney): Commissioner, this is an item... Vice Chairman Gort: Also, my suggestion, before you go on, meet with each one of the Commissioners. Let them know what your problems have been and so on. OK. Thank you. 281 April 26, 2001 Vice Chairman Gort: Item 39. Alejandro Vilarello (City Attorney): Commissioners, this is an item that request the -- a resolution of the City Commission authorizing the payment of attorney fees to a police officer who was... Commissioner Teele: So moved. Mr. Vilarello: -- charged and Vice Chairman Gort: It's been moved. Is there a second? Mr. Vilarello: -- ultimately acquitted of the crime. Commissioner Sanchez: Second for the purpose of discussion. Mr. Vilarello: The amount in question here is the amount of reasonable attorney's fees. Attorney's fees in this matter were presented to my office for review in the aggregate amount of two hundred and fifty-five thousand three hundred eighty-nine dollars ($255,389). After we've reviewed each of the individual billings... Commissioner Sanchez: For a perjury charge? Mr. Vilarello: It was a perjury charge that involved two trials and a significant appellate proceeding. That was the aggregate amount of the billing to our office, covering three different lawyers who worked on this particular case. And after our review, we have determined or I have determined that the reasonable attorney's fee in this case would be $231, 896.24. Commissioner Teele: But isn't the essence of what we're doing is not just approving the attorney's fees, but this is a part of a comprehensive settlement in which the police officer has agreed not to pursue his rightful or his claim to come back to work and he's agreed not to come back to the City of Miami Police Department? Mr. Vilarello: Yes, Commissioner. That part of the resolution of this matter, however, is within the discretion of the City Manager, and the only missing piece is with regard to the payment of Attorney's fees. As you recall, in January... Commissioner Teele: Well, I was trying to help you, but let me just ask this way. If we reject this, is there any chance that the other part of the settlement could be in jeopardy? 282 April 26, 2001 Mr. Vilarello: This is an integral part of the overall settlement. Commissioner Teele: That was my statement. Isn't this a part of a -- because I would not be willing to pay these fees. I'm going to be very candid with you, but for the fact that this is a part of a comprehensive settlement as it relates to the police officer, who appears to have a right to be able to assert a claim that he could get his job back. Mr. Vilarello: Yes, sir. Commissioner Sanchez: Now, Mr. Chairman, just -- back pay, is it the (inaudible) of the City Manager. This has got nothing to do with this. This is to pay for the attorney's fees, and you said for a perjury charge, you said two hundred and what? Mr. Vilarello: Two hundred thirty-one thousand eight hundred ninety-six dollars ($231,896). This case involved well over one thousand hours of attorney time that we've reviewed and considered involving two of -- a very prominent members of the Florida Bar and the criminal practice, and the aggregate of hourly rate over that number of hours is very reasonable. It's just slightly above two hundred dollars ($200) an hour. Commissioner Winton: (Inaudible). Mr. Vilarello: (Inaudible) Vice Chairman Gort: Any further discussion? All in favor state by saying "aye." The Commission (Collectively): "Aye." 283 April 26, 2001 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-381 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE TRUST ACCOUNT OF ROBERT D. KLAUSNER, P.A., ON BEHALF OF THE F.O.P., LODGE 20 (FRATERNAL ORDER OF POLICE), ATTORNEY'S FEES AND COSTS, IN AN AMOUNT NOT TO EXCEED $231,896.24, FOR THOSE FEES AND COSTS RELATED TO A PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI AND FORMER POLICE OFFICER NOEL NOGUES; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE TRUST FUND, INDEX CODE NO. 515 001.624401.6.661. (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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None Vice Chairman Gort: Thank you. Good speech, Al. Al Cotera (President, FOP): Thank you. 284 April 26, 2001 Vice Chairman Gort: Forty. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Commissioner Sanchez: Is this -- is she waiving all the claims, this settlement? She's waiving all claims against the City? Alejandro Vilarello (City Attorney): Yes, sir. This resolves all issues pending between... Commissioner Sanchez: I'm very familiar with this case. Vice Chairman Gort: We all know the case. Commissioner Sanchez: Hey, Al, that's mine. Commissioner Regalado: I have a comment. Vice Chairman Gort: Any further discussion? Yes. Commissioner Regalado: I see that you all are ready to vote yes, so I think I can have the luxury of voting no, as a political statement. As a philosophical statement, I should say because, you know, I read this morning, early this morning, the appellate Court's decision on the building that we discussed last night, the decision by Judges Marilyn Milian, Cecilia Antonaga, and Amy Dean, and all they did is to go after the City Commission. We did so many things wrong and they did not question how we voted. They questioned in the issues that we voted. They say that they were wrong in the issues that we discussed and we voted on it. The problem is, those issues were given to us by a staff, and if -- what I want to say is that we need to reflect and -- you know, everything has -- every mistake has a consequence. If we make a mistake here, we will have a consequence on the polls, and we will be punished and we will be voted out of office. The problem is that, on this case, nothing has happened, and the taxpayers pay for something that was done and was wrong and was admitted to be wrong and the person who did the thing that was wrong still there. So, I'm voting no as a philosophical thing because someone has to 285 April 26, 2001 be responsible. In this country no one -- nobody is responsible. You know, they passed the buck and -- you know... Commissioner Teele: But why you're going to punish the woman who was hurt by voting no against herself? Commissioner Regalado: Because you all going to approve it, and I'm just voting no... Commissioner Teele: You know what? That's actually very smart. Commissioner Winton: What if we don't? What if I vote no? What if I vote no? Commissioner Regalado: Then we have a problem. Houston, we have a problem. Commissioner Winton: I saw some of that movement last night. Commissioner Regalado: No, no, no, but seriously. I'm telling you guys, we make a mistake, we pay the consequences. The other people make mistake, there is no consequence. Vice Chairman Gort: I agree with you. One of the things we discussed is, whenever anything like this happens, we asked what action has been taken to make sure that that would not happen again. This is something we have asked for the Police Chief and we have asked of various department directors, any times there's been a problem, when we come back and we have a settlement, what action are you taking to make sure that this would not happen again? Commissioner Teele: I haven't heard the Chief say anything. I haven't heard him say one word. We got into this before with the previous Manager, when we had the machine gun shoots, all those bullets, and I said, what have we done to ensure that this will not happen again? The Manager says, "Well, I can't tell you it won't happen again." I said, well, fine. We're not going to vote on it, you know, until he came back and said something. So, you know, what are we going to do to make sure that this situation doesn't happen again? Because it's getting ready to cost the citizens of this community a hundred and fifty thousand dollars ($150,000). What has been done to ensure that no other officer acts that way again? Commissioner Winton: Including this one. Commissioner Teele: And we had training. Are we doing a training program? Is there an advisory from the Chief? Raul Martinez (Chief of Police): Thank you. Raul Martinez, Chief of Police. Commissioner, this is not a case where training or advisory works. This is a case where one officer arrested for a few seconds another officer on a discussion that... 286 April 26, 2001 Commissioner Teele: With a child present. Chief Martinez: With a child present. And the officer that made the arrest, the second that the staff find out what was happened, they quashed the arrest, released the person. The arrest was taken from Bayfront Park to the central police station and it was all quashed there. The money amount and all that, I'm not involved with that. The person making the arrest was found guilty of using bad judgment. He was disciplined. The level of discipline can be questioned, whether it was appropriate or not appropriate. But he was found guilty of violating; you know, good judgment, good sound judgment in this case. So, it's not an issue of training. Training -- judgment is a very difficult thing to train people to use good judgment. We train people on policies and procedures and practices. There's very little training you can offer in using good judgment, but the second we found out about this staff, and it was within the next five minutes, we stopped the arrest; we stopped the incident, the person was released and the person filed a lawsuit, and this is the recommendation by the City Attorney's Office. Commissioner Teele: Well, the fortunate thing, as far as I'm concerned, is that we didn't see this on 60 Minutes or Night Line, like we saw the situation up in Orlando. I mean, you know -- and there is a racial implication to who this kind of action falls upon when you look at it nationwide. It happened in New Jersey. I saw it on Night Line. They did a whole special of these police arresting police and, in every case; the police arrested was a minority. So, I think there can be some counseling on it. I think there can be some clear statements made. I think the union ought to be called upon to get involved and help to get the message out, and say that, you know, there are some things that we really want to say. When a police officer arrests another police officer, it really needs to be something that -- that it's not a gray area. It's not a questionable area because imagine how they're treating our citizens. Vice Chairman Gort: Right. I think the -- in matters like that -- I'm not a police officer. That's not a way in order, but when I was in the Army, if you didn't obey your orders, there was a system established where you could take care of it without making an arrest or anything like that, and that's where the training should be taking place. OK. Any further discussion on the motion? Being none, all in favor state by saying "aye." Commissioner Winton: It's easy for you to say aye. Commissioner Regalado: No. Vice Chairman Gort: Four "ayes." 287 April 26, 2001 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-382 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MARILENE PENN, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $156,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANT, INCLUDING, LT. KEVIN MCKINNON FOR THE CASES OF MARILENE PENN VS. CITY OF MIAMI, ET AL., FILED IN THE UNITED STATES DISTRICT COURT, CASE NO. 97-160 CIV -GOLD, MARILENE PENN VS. CITY OF MIAMI, ET AL., FILED IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI -DARE COUNTY, FLORIDA, CASE NO. 00-28729 CA (02), AND AN ASSERTED, BUT UNFILED, WHISTLE BLOWER CLAIM, UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $156,000, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. (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: Commissioner Tomas Regalado. ABSENT: None 288 April 26, 2001 Vice Chairman Gort: Forty-one. Commercial Solid Waste Management Advisory Committee. We're reappointing Sanchez to this? Walter Foeman (City Clerk): Yes. Commissioner Teele: We haven't sunset that thing yet? It's time to sunset that isn't it? Commissioner Sanchez: It's fine with me. Commissioner Winton: No, no. Commissioner Sanchez, I nominate. Commissioner Teele: No, no, no. Why don't we sunset this committee. I mean, this was a special project... Commissioner Winton: Is it done? Vice Chairman Gort: It is done. Give me a motion. Commissioner Teele: Move that the -- I'll yield to Commissioner Sanchez. Commissioner Sanchez: No. I would like -- is Mr. Patterson here? Because, you know what, we have accomplished a lot in that. And let me tell you -- once again, I walked in and it's one of the many things that I walked into this City and, of course, you've had to start from scratch and it was an industry that, as you know, did not have rules and regulations; they weren't paying their fees, and it's something that I think we've been able to work to have a good relationship between the City, Mr. Frank Rollason, Mr. Patterson, with the private haulers, and we are making progress. So, I don't think it's a good idea to abolish it. Of course, my plate is full at this time and I do attend the meetings, and we have made significant improvements and I think we have a wonderful communication. Let me tell you one of the biggest problems we have -- and I know that it's getting a little late, but this is important to say. We listen to just about every concern from private haulers picking up at hours that they shouldn't be picking up, and we correct that, to addressing the sizes of containers in residents -- I mean, we have made significant improvements on a lot of things, and I think to do away with it that's a little premature, but I don't think that I could accept, again, to be the Commissioner that -- because I really don't have the time. But I think it's good and it's working. Commissioner Winton: Well, if we kept it, you might get drafted, just like some of the rest of us. Vice Chairman Gort: Commissioners, well, let me put it to you this way, Commissioner Sanchez. Before they created this committee, I had the opportunity to work with the Solid Waste and the private haulers before and tried to coordinate some of the things. I'll 289 April 26, 2001 be more than glad to go ahead and take it. Commissioner Sanchez: OK. Commissioner Winton: Are we sunsetting it? Vice Chairman Gort: No. Commissioner Sanchez: No. I move that Commissioner Gort take it. Commissioner Winton: Second. Vice Chairman Gort: 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. 01-383 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. (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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None 290 April 26, 2001 Commissioner Regalado: Question for the Manager. Vice Chairman Gort: You need to appoint -- yes. Commissioner Regalado: I read a memo, Mr. Manager, regarding the appointment of a Police Review Shooting -- a Police Shooting Review Committee. Carlos Gimenez (City Manager): Yes, sir. Commissioner Regalado: Why was that? I mean -- What was the reason? Mr. Gimenez: Chief Martinez can explain it to you. Raul Martinez (Chief of Police): And, Commissioner, the question is -- I'm sorry, I missed the specific question of the committee. Commissioner Regalado: Question is, that I read a memo saying that you all had appointed a committee to review the police shootings. Chief Martinez: Yes, sir. Commissioner Regalado: Why is that and why now? Chief Martinez: Well, Commissioner, why now is, we just had five officers indicted recently for an incident that happened, you know, back four or five years ago. There's been a couple other police shootings that have been questioned as far as the correctness or the investigation of the shooting, so I made a decision, in concurrence with the Manager, to, you know, look at all shootings from 1990 to the year 2000, 10 years worth of shootings; put together a committee; put people inside the Police Department, police professionals from outside the Miami Police Department, and three or four citizens, in conjunction with the Department of Justice and look at those shootings so we can give it either the real good seal of approval, saying nobody else can talk about this shooting because we know it was good; it was appropriate, so on and so forth, or if there's something questionable in the shooting. We also -- and that's not the only thing this committee is going to look at. It's going to look at how we investigate police shootings; our early warning system, which is a system that we have when officers get complaints; what do we do with them. It's a whole slew of 8 to 12 different issues, you know, that this committee is going to look at. So, we're just not looking at what the inside look, but the outside look (inaudible) other police agencies, the outside look with some citizens that are professionals, so they'll know what they're talking about in the area. Your on I'm just preparing a memo from the Manager to inform you who is on this committee; you 291 April 26, 2001 know, who actually is going to sit on this committee so you'll know what the City -- what the committee is comprised of. Commissioner Regalado: No. The memo says, who sits on the committee. Chief Martinez: I don't think so, sir. Commissioner Regalado: Yeah. Commissioner Teele: Oh, yeah. Chief Martinez: It does? Commissioner Teele: Because I saw the Chief. So you, obviously, are not in the loop on that, huh? But Chief Parker, Miami -Dade County Police Chief, is sitting on it. He's a very good ... Chief Martinez: OK. Then I may have signed without even realizing that I signed it. Commissioner Regalado: And Amadeo Lopez Castro, I think, is one of the Chief Martinez: Yes, he is, sir. Peter Rulack (phonetic), Mr. Marty Steinberg, Tom Battles with the Department of Justice is on the committee too. We also have fire instructors from FDLE (Federal Department of Law Enforcement) and, of course, Chief Parker from Metro -Dade. Commissioner Teele: Well, I would like to ask. I -- first of all, I think the idea is a good idea, if it's not politically motivated, and, right now, I'm seeing too much of this politically motivated around this place for my comfort and I'm going to blow the whistle. I'm not going to be a guy who just sits here and just goes along with it. And I'm saying it to the Manager; I'm saying it to the staff. Elected officials run for office; professionals stay out of it, and the staff of these Commissioners and Mayors and all of that do not run this City, and if I find anybody playing politics on grants, on opportunities, on committees, I am going to absolutely have a tee off session because that's not going to happen as long as I'm here. There's a role for professionals and there's a role for politicians, and when you get into an election era, it should be a very bright, clear line, and the politics needs to slow down around here before it gets started. But the one thing I will say, it's very important to me that the union be represented on any committee like this. I think the union president should be there. I think the best way to encourage a candid and frank dialogue is to get everybody in a room and to be a part of that, and I haven't talked to the union representative, but I would respectfully request that the union representative be there because I think, if you don't do that, you create unintentionally some tension, no matter what people start looking at, because everybody runs out and starts hiring -- calling for their lawyer, and before long, you've got a problem with our own relationships. I commend you, Mr. Chief or you, Mr. Manager, for convening a panel, and I think we should go forward on that. But I'm also listening to requests that 292 April 26, 2001 are being made now and I want to make sure that everything that we do is devoid of politics, because this town has a history of elected officials demagoguing and playing group off against group, race off against race, gender off against gender for political advantage, and I don't want that to happen in any way, shape, or form. I think this is a good thing, but I want to see the union involved. I don't want to start some unintentional mess because I've been here watching this process very closely at the City of Miami from Dade County with absolute amazement that people could be so politically opportunistic, and I'm seeing some things that are very frightening to me -- not frightening, but very, very unbelievable, you know. When I see the way the MSEA (Miami Sports & Exhibition Authority) funds are being used. Commissioner Winton, if you're going to represent us on MSEA, then we need representation, but we need to stop the politicalization of MSEA before it starts. Commissioner Winton: I have no idea what the hell you're talking about, Commissioner Teele. Not one. Commissioner Regalado: Well, I'll tell you -- I'll tell you, Johnny... Commissioner Winton: And I was going to say -- excuse me. Excuse me. Excuse me. Commissioner Teele: No, no, no. No, I can defend myself. I will defend myself, and I will tell you what I'm talking about. Commissioner Winton: Please do. Commissioner Teele: What I'm saying is this: It's putting a committee together to look at police shootings -- Commissioner Winton: MSEA is not putting... Commissioner Teele: -- which is what we're talking about, is something that should be done deliberately and thoughtfully, without a view of trying to curry political favor from one or two people or from one group. It's important that the union be a part of that so that whatever comes out of it is a thoughtful process. My reference to MSEA was that, within the last two weeks, I have received calls from parties that have being hosted by MSEA by one political official as if this is a private penthouse suite, where every time you look around, MSEA funds are being used for a political party, which none of us are being invited to. And, furthermore, if MSEA got that kind of money, then give the Overtown Optimist enough money so that they could have a professional staff person over there. Commissioner Winton: I will bring to you, to all the Commissioners, an absolute accounting of every single dollar that's been spent on whatever it is you think you're talking about, so that you can see how every single dollar is spent in MSEA. I've said that a hundred times. And I'm going to say something else here, Commissioner Teele. You're very famous for saying "Woe, woe, woe, woe. I think we better be careful where we're going here." You just, in one sentence, indicted this entire Commission and all of 293 April 26, 2001 our staff and the entire administration, and that there's all this politicking going on with our staffs and the administration and everyone else. I want you, Commissioner Teele, if you're going to indict me and my staff and this staff, I think you need to put very specific points right on the table instead of just broadly painting everybody with a broad brush because I don't appreciate it. Commissioner Teele: Commissioner, you may not appreciate it, but let me just say this: I'm a part of this Commission and I have one voice and one right to speak and I have one vote, and I'm going to use my vote and my voice the way I think is appropriate. I don't choose to try to chill your views or your thoughts. I'm only saying what I know and what I see. Commissioner Winton: Then put the points on the table. Don't use innuendos. Commissioner Teele: No, no, no, no. No. You cannot instruct me on how I'm going to speak. You may not like my language; you may not like my tone; you may not like the context that I say it, but I will say this: If the shoe fits, wear it. If the shoe doesn't fit, don't wear it. But to say that I indicted you or your staff, I think is a bit over -reaching. I simply said one thing, that elected officials run politics; that the staff should stay out of politics, and I can tell you that when a particular officer staff, who's not on the dais, is out spreading lies and misinformation about the Overtown Youth Center, saying that I voted against it three times, OK, when the record shows, by the Clerk, that I voted for it three times, I don't think that's an overstatement. And I think the purpose of trying to use a center for the purpose of gaining a political advantage is a greater indictment than your feelings, and I will stand by that. Because the point that I want to make is very clear. You say you don't know. Well, where are the flyers on the reception that was just held, that the police are all concerned about why we would have -- the Black Police Officers Association have a reception hosted by the Mayor at MSEA and, yet, the Commissioner, who hosted the -- who provided the funding for this, which I did at the request of the Chief, and we bring people from all over the country. A guy called me from Dallas, Texas and said, "Commissioner, I want you to know, we understand what goes on in the City of Miami and we were offended that there would be a reception held at the arena in which no black -- no black Commissioner is there." This, you know, is not just a Miami problem, the way it's -- you know, you all go up and -- go barge up into the Mayor's office uninvited at the time that we all sort of jokingly went up, but that's serious, Johnny, and if you don't want -- I mean, if it doesn't bother you, then fine, but it does bother me. But I'm not going up somewhere barging into an office. And the point that I'm making is, that's fine on a local minor level, but when you begin to involve people from all over the United States and when you begin to leave out groups that don't reflect the diversity of this City, the same way I was talking to the people at the DDA (Downtown Development Authority), it has a particular implication. Commissioner Winton: Commissioner Teele, I probably wouldn't argue over any of your points, if I understood what the point was, and that's the point that I'm making about what you said about us. So, I'm just simply saying, if you... 294 April 26, 2001 Commissioner Teele: I'm not saying anything about you. Johnny, I don't want to start saying Mr. Mayor... Commissioner Sanchez: Mr. Chairman? Commissioner Teele: I don't know of anything that happened on this dais involving any Commissioner or any Commissioner -- Commissioner Sanchez: It's late. It's late. We're tired. Commissioner Teele: -- staff, OK. I don't know of any. It may be but I don't know of any. Commissioner Sanchez: We've had a long day. Commissioner Teele: But I do know this: That in the Mayor's Office, there is a categorical effort of disinformation -- of misinformation and attempting to use the office of the Mayor to the exclusion of this Commissioner -- I'm not fighting your battle, but it's offensive to me when I've got people from all over this country who are police officers, who come here for a convention and say, the next time -- as the guy says to me on a Saturday morning at a restaurant in Overtown, "the next time we come here, we hope that you all will host a party for us because we don't think it looks good that the City of Miami doesn't have elected African-American representation." Now, that's what I'm dealing with. So, your feelings are your feelings. My feelings -- and I don't want to make this a personal thing, Johnny, but let me just say this. When you exclude a particular group of people, it does have an implication on the image of the City, and, you know, the whole thing about going up and barging in on the Governor of Spain, that's cute, that's funny, but let me tell you something, Johnny: That hurts me. That hurts me that anybody would host an event and not have the courtesy to invite their colleague. And all of you laughed about it, and it's all a big joke, but I'm telling you, it's a more serious problem than that. Commissioner Winton: Commissioner Teele... Commissioner Regalado: Can I say something? Commissioner Winton: One last comment and then I'll ... Vice Chairman Gort: Wait a minute. Let's... Commissioner Winton: I won't say anything else. Commissioner Teele, in any board in which I'm serving as Vice Chair or Chairman, any board that I'm on that's doing something that you think or any other Commissioner here thinks is inappropriate, I would -- it serves me better if you let me know what that issue is so that I can appropriately address it, and that's all I want to say there. 295 April 26, 2001 Commissioner Teele: Are you the Vice Chairman of MSEA? Commissioner Winton: Yes, I am. Commissioner Teele: Then let me just pass you this reception flyer, OK. Commissioner Winton: Thank you. And I will address whatever your issues are. Commissioner Teele: And just know that the sponsor of this national association of police officers, who came to our City from across the nation was myself, and it's not a personal thing for me, Johnny, but I would like for people across this country to think that Miami has come a little bit further than the Arthur McDuffy era that we're trying to get away from. Commissioner Winton: And I understand. But I can't help, Commissioner Teele, unless I understand. Commissioner Teele: And I apologize, but I don't have private conversations with you. Commissioner Winton: Right. Vice Chairman Gort: You can't. Commissioner Teele: That's the only way we can talk. Vice Chairman Gort: That's the biggest problem that we have here. Anything will be a violation of the Sunshine Law. I do -- yes, sir. Commissioner Regalado: Excuse me, Mr. Chairman. Vice Chairman Gort: Yes, sir. Commissioner Regalado: I'm sorry I started all this with the question, but the reason I asked ... Vice Chairman Gort: (Inaudible). Commissioner Regalado: -- is because I was curious. First of all, I heard that one of the Mayor's allies in the Afro-American community was calling for a committee to investigate these shootings or killings and, all of a sudden, the committee was formed and it -- you know, it was timely because of the indictment of the police officer. The other thing that was really struck me is, I didn't see the police union protesting or trying to get in. When we tried to form the Community Relations Board, they really blew their top, and they wanted to be -- they thought that this was going to be an indictment on the police force and, you know, I think that the results of this committee -- you know, the best scenario is sort of a moral indictment on some cases. So, I don't understand why the 296 April 26, 2001 union, at that time, jumped the gun, so to speak, and now they just are not interested in participating. But what really prompted me to ask you is because I thought it was a suggestion that the Mayor had received from some of his political allies in the Afro- American community, which he's so into now, trying to campaign, and that's why I asked. On the second issue, Johnny, you asked Mr. Jenkins to meet with Commissioner. He did so. He came to my office the other day, and among the things he said, he said that he was going to come to the City Commission to ask for some budget amendment or something like that. In that budget amendment is thirty thousand dollars ($30,000) for parties and community events. From now to the end of the fiscal year, which is, by the way, close to the mayoral election, they have spent, before you were there, actually, several thousand dollars in parties for political campaign for the Mayor. I mean, that's what it is. Because I know people in the Cuban community that were invited, although this -- there were some events that were supposed to be held for the children -- the inner city children of the Afro-American community, and, yet, some people close to the Mayor were invited to dine with shrimps and stone crabs. Commissioner Sanchez: When was that? Commissioner Teele: But the inner city children didn't get stone crabs and shrimp. Commissioner Regalado: No, they didn't. So, you know they're using MSEA funds for a political campaign. I mean, simple as that. Whether somebody wants to say that's not the case, that's not -- it is. I mean, one of the persons that came with Mr. Jenkins, which is, I think, the accountant, said to me when I told him, you guys are spending money to throw parties for the political campaign of the Mayor. He said, no. But that has changed. We have now guidelines, new guidelines. And for any community event, we have new guidelines. So, in essence, he admitted that those parties were thrown with the money of the taxpayers of the City of Miami. So, that's -- I think that that's what Commissioner Teele was referring... Carlos Gimenez (City Manager): Commissioner? Commissioner? Vice Chairman Gort: Let me tell you what my problem is on this. And if you all looked at the union involved in this. The reason being is, I don't have any problem improving a police officer and give him training, and I've said this many times, but going back and investigating items that you already have investigated and you have cleared, to me it shows, hey, we didn't do a good job. Let's go back. Whoever did it before, it was not done well. I have a problem with that. I don't see setting up procedures and investigations for any shooting that takes place (inaudible) and so on. But going back to the ones you already have cleared and there -- going through the procedure and through the process, whatever process we had is telling the people, we do not have any trust in the process we have. Chief Martinez: Mr. Manager, can I answer? Mr. Gimenez: Yes. 297 April 26, 2001 Chief Martinez: Commissioner, a couple of things. I have no problem including the union a part of this committee. I mean, I'll be glad to do that. I can give you my word, to all of you that I didn't -- I haven't spoken one word to the Mayor, nobody from his staff about this committee. This decision was made by me, and I think I spoke to the Manager the day after the indictments. I mean, my decision was made on what I thought would be the best for the Miami Police Department and for the City of Miami. As far as going back 10 years, I think we have to have assurances. We think they were investigated right. I'm pretty sure they were investigated right. But I want somebody else, not looking at it from a different perspective, who say, are we a hundred percent sure, even as far back as 10 years later, that everything was done that should have been done. I feel pretty confident that they were all investigated correctly. It wasn't just us. It's the State Attorney's Office that investigated these cases. But I want to give one more assurance, since now there is a word in the community that all the shootings are bad or people are questioning our shootings. I want to give the extra assurance that they were all correctly investigated at the time. Mr. Gimenez: Commissioner? Vice Chairman Gort: First of all, I cannot tell you what to do or the Manager, but I'm telling you, I do not agree with that. Mr. Gimenez: Commissioner, I can assure you that I have never had any discussions with the Mayor about forming this committee and nobody's ever come to me. We had conversations between the Chief and I, and the fact of the matter is that we've had a number of our police officers indicted and we needed to review the procedures that we used ourselves to make sure that we don't white wash anything, come clean, and we just have a more professional, you know, Police Department. That's the only reason ... Vice Chairman Gort: That's fine, that's fine, and I agree with it. And I think the procedure that's been used should be looked into, but going to cases that have taken place in the past and bringing them back out and start investigating again, I think -- I don't know. I have a problem with that. Chief Martinez: And, Commissioner, let me say. The word "reinvestigate", I think it's a broad statement. We're going to re -review those cases to see if there are any similarities, if there's something that we missed. There's probably not much we can do because, even if you missed it -- but looking at how we investigated it, how we can look -- we need to change anything on how we investigate, and maybe it will show something that we missed, that we looked the other way or we forget to look under a crack here, a crack there and, hopefully, will enhance and better our investigations. Vice Chairman Gort: All right. OK. What's the next... Commissioner Teele: Mr. Chairman? 298 April 26, 2001 Vice Chairman Gort: Yes. Commissioner Teele: I never questioned the committee regarding the Mayor or any other Commissioner. I think the idea of having committees to look at things is a good idea, but I've been across this horn before, and I worked for two and a half years trying to get a committee that had citizens subpoena power in the County, and the problem that I continue to have was that when it first got proposed, the union was left out, and the union never became comfortable -- and it wasn't John Rivera. Who was the guy that -- it doesn't matter. A fine police officer, Metro -Dade still. They never believed that the Commission was not trying to do something. All I'm saying is, I don't want to repeat that mistake by starting down a trail and then the member -- the people whose files are being opened, they've got friends, they've got wives, family, they start calling and, before long, you've got a major confrontation with the union, OK, with the union here on the eve of an election. OK. That's what I'm talking about. That was my context of this. And I think the better course of action, which I appreciate you agreeing to do -- I think, if the Manager will amend it so -- is that you all will invite a representative of the union so that there is no suspicion being created and innuendos -- because it's not necessarily going to come from the president. It's going to come from the members. Did you have -- on a separate -- did you have a press conference recently in Little Haiti? Chief Martinez: Yes, sir, we did. Yesterday. Commissioner Teele: Was the Mayor present? Chief Martinez: Yes, sir, he was. Commissioner Teele: Thank you. Note for the Record: Commissioner Sanchez exited the Commission Chambers at 9:07 p.m. Vice Chairman Gort: Was the Commissioner of the district invited? Commissioner Regalado: I didn't get any Chief Martinez: Yes, sir, he was. Commissioner Regalado: Excuse me. I didn't get any not of that press conference. We always do. Chief Martinez: Commissioner, I invited the Mayor and I invited the district Commissioner for that press conference, and, typically, when we do it in different areas, you know, we invite the district Commissioner and the Mayor to attend the press conference. Mr. Gimenez: If that procedure needs to be changed, if you want -- any press conference 299 April 26, 2001 in the Police Department at all, regardless of the district, we will change it. We have no problem (inaudible). Commissioner Teele: I think all ... Vice Chairman Gort: What I would like to see is, any press conference -- I hate to receive it the day before or the same day. I'm pretty sure that the press conference documentation is prepared at least two or three days before, so anything that takes place, I think all of the Commissioners should receive it. All of them. Commissioner Winton: So do I. Mr. Gimenez: When the administration calls a press conference, we will make sure of that. Chief Martinez: And, Commissioner, typically, all those press conferences and promotions or whatever are done in advance. When you're talking about an arrest operation that was done the day before, it was basically telephone calls that were made and it's difficult, but we'll be more than glad to call every Commissioner ... Vice Chairman Gort: I understand. Those are different ball games and it's got to be by judgment. But I received a lot of press conference -- I received a lot of lawyers from that media telling me an event that's going to take place in the afternoon or tomorrow and we have a pretty tight schedule. But I know you're being very good about all that and I've always tried to be present in anything that I can, so you've been good at that. Chief Martinez: I know you do, sir. Commissioner Regalado: And I think that crime is one of the major concerns of all the residents, and I think that if you were to invite elected officials or whoever can attend, it would be nice to do it because everybody wants to share in the success of the Police Department, and everybody likes to be wherever there is good news. If you want to do it the way you're doing now, whenever you have an item on the agenda, you call the Mayor and the district Commissioner to vote. Mr. Gimenez: Yes, sir. We will change the procedure if that's what you all want. That's fine with us. Vice Chairman Gort: OK. Thank you. Next item is item 42. It's appointments of the board. This is the -- I'll wave my Commission on the Status of Women. Commissioner Teele: Mr. Clerk, when do these boards normally expire? Do we have board -- don't we do reappointments in May? Walter Foeman (City Clerk): It varies with the board. This particular board expires November of this year. 300 April 26, 2001 Commissioner Teele: When do Commission board appointments come up? In June or July -- what's that process? Mr. Foeman: The Commissioners -- chairman of boards you're talking about? Commissioner Teele: Chairman and members of various boards. Mr. Foeman: I believe we have that scheduled for June. Commissioner Teele: May, June -- it's in -- huh? Mr. Foeman: I believe we have it scheduled for June. I can verify that. Commissioner Teele: It comes up annually. Mr. Foeman: Yes, it's an annual appointment, around June. I'm sorry. We have it scheduled for May 24th; I was informed by my staff. Commissioner Teele: May 24th Vice Chairman Gort: OK. Anyone wants -- I have one appointment, which I'll pass. Mayor Carollo has an appointment. Commissioner Teele, this is for the Commission on Status of Women. Winton has an appointment and Sanchez has one appointment. You want to pass? Commissioner Teele: Pass. Vice Chairman Gort: OK. 301 April 26, 2001 Vice Chairman Gort: Cultural and Fine Arts Board. Commissioner Teele, you have one nomination. Commissioner Teele: Pass. Vice Chairman Gort: Commissioner Regalado, you have one nomination held by Pedro Pablo Pena. Commissioner Regalado: I will reappoint Pedro Pablo Pena. Walter Foeman (City Clerk): And included in that, Commissioner, we need a four-fifths waiver also with that motion. Commissioner Regalado: OK. Waiver of residency. Mr. Foeman: It's not residency. He exceeded the number of absences, so it will be four- fifths of that. Commissioner Regalado: Oh, OK. Well, this is a reappointment. Mr. Foeman: Yes. But he had exceeded -- he was excessively absent. Commissioner Regalado: OK. I would do that then. Mr. Foeman: OK. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 01-384 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CULTURAL AND FINE ARTS BOARD FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 302 April 26, 2001 Upon being seconded by Commissioner Sanchez, 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 303 April 26, 2001 Commissioner Regalado: Can we vote on both? Walter Foeman (City Clerk): We need to vote on 43 now, your appointment, Commissioner. Commissioner Regalado: How about Sanchez? Mr. Foeman: Yeah, we just did that. We need to vote on your -- Item 43 you had on the floor when Commissioner Sanchez came in. Commissioner Regalado: OK. OK. Vice Chairman Gort: Isn't she already a member? Commissioner Regalado: It's a motion. Mr. Foeman: Commissioner Sanchez wants to... Commissioner Sanchez: It's separate. It's completely separate. I think you ought to vote on his first, then bring mine first. Mr. Foeman: Item 43 was your re -appointment. We haven't voted on that. Commissioner Regalado: Oh, OK. Mr. Foeman: Yeah. We just need a seconder. Commissioner Regalado: Well, let's vote on it. Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." Commissioner Sanchez: Aye. And if he didn't have a second, I second it. 304 April 26, 2001 Mr. Foeman: OK. Commissioner Sanchez: Going back to my appointment, which is 42, it's Commission on the Status of Women. I would like to reappoint Luisa Garcia -Toledo. So moved. Commissioner Regalado: Second. Vice Chairman Gort: It's been moved and second. But... Walter Foeman (City Clerk): Commissioner Sanchez, we have two -- she's currently a member, so her term hasn't expired yet. Vice Chairman Gort: (Inaudible). Commissioner Sanchez: OK. Then I will defer... Mr. Foeman: You have another appointment. Rosa Ernesto. Commissioner Sanchez: She has not attended the meetings, so why am I going to appoint her again? She just had a baby, I believe. Mr. Foeman: Right. She has indicated she doesn't want to serve anymore, so you need to make a new appointment. Commissioner Sanchez: OK. So it's taken. I will defer it at this time. 305 April 26, 2001 Vice Chairman Gort: Forty-four, Equal Opportunity Advisory Board. Commissioner Winton has two appointments -- two nominations; Commissioner Teele has one nomination; Commissioner Sanchez has one nomination. Commissioner Winton: For those watching this Commission in action on Net 9, if you have an interest in participating as a member of the Equal Opportunity Advisory Board as my appointee, please call my office and let me know. We would love to have you. Thank you. Vice Chairman Gort: Teele. Commissioner Teele: I move the appointment of Charles Flowers, with waiver for excessive absence. Commissioner Winton: Second. Vice Chairman Gort: There's a motion for nomination. Commissioner Sanchez, you have any nominations? Commissioner Sanchez: I will defer because my appointment exceeded the number of absences. Vice Chairman Gort: OK. Do I have a motion accepting the nomination by Commissioner Teele? Seconded by Commissioner Winton. 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. 01-385 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 306 April 26, 2001 Upon being seconded by Commissioner Winton, 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 307 Apri126, 2001 Vice Chairman Gort: Community Relations Board. Commissioner Teele has one nomination; I have one nomination, and Commissioner Winton has one nomination. Commissioner Teele: Mr. Chairman, these all require four-fifths waiver. I would move the four-fifths waiver for my appointment. Walter Foeman (City Clerk): Yes, that's all we need. We have three requests for waivers. Commissioner Teele: Can I do it as one motion? Mr. Foeman: Sure. Vice Chairman Gort: Do the same for mine. Commissioner Teele: Can I do it as one motion? Mr. Foeman: Yes. Vice Chairman Gort: Yes. Commissioner Teele: I would move the waiver for Mr. Clark, Mr. Al -- Mr. Foeman: Cotera. Commissioner Teele: -- Cotera and Willy Leonard based on their residency waivers. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 308 April 26, 2001 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-386 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. (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 309 April 26, 2001 Vice Chairman Gort: Committee on Beautification and Environment. Commissioner Sanchez: I would like to appoint Joe Wilkins. Commissioner Teele: The Commission at large has requested to confirm the slate of nominees. Walter Foeman (City Clerk): In the past it's always been proffered as a slate. Commissioner Sanchez: OK. So moved. Vice Chairman Gort: You said it right. Walter Foeman (City Clerk): In the past it's always been proffered as a slate. Commissioner Sanchez: OK. So moved. Commissioner Teele: I would move the slate and... Mr. Foeman: And included in that is also the waiver. Commissioner Teele: Included in that is a waiver of residency requirements, but you all should note who they are for those members that it applies to. So moved. Commissioner Sanchez: Second. Vice Chairman Gort: OK. It's been moved and second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 310 April 26, 2001 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-387 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT FOR TERMS AS 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 Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort NAYS: None ABSENT: None 311 April 26, 2001 Vice Chairman Gort: Forty-seven, Orange Bowl Advisory Board. Commissioner Teele has one nomination. Commissioner Teele: I'm going to hold up on that and see if I can find somebody in the City. Vice Chairman Gort: Mayor Carollo has two appointments to make. The Parking Advisory Board. Commissioner Teele has one nomination. Commissioner Regalado has nominations to make. Commissioner Winton has one nomination. I have one nomination. Commissioner Sanchez, you have one nomination, and Mayor Carollo has one nomination. Commissioner Teele: Mr. Chairman, on Item Number 47, I will move Dr. Pierre. I'm advised that he attends the meetings regularly, and I would move the nomination by requesting the waiver for his residency. Walter Foeman (City Clerk): Electorate status. Commissioner Teele: Huh? Mr. Foeman: Elector. Elector. He's a qualified elector. Commissioner Teele: Qualified elector. Qualified electorate. Commissioner Sanchez: Second. Vice Chairman Gort: Moved and second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 312 April 26, 2001 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-388 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE ORANGE BOWL ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. (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 313 April 26, 2001 Vice Chairman Gort: Parking Advisory Board. Commissioner Teele: I would move the reappointment of Mr. Sonny Armbrister. Commissioner Sanchez: I will move the reappointment of Sallye Jude. Commissioner Teele: Good appointment. Commissioner Winton: I move the reappointment of Robert Flanders. Commissioner Regalado: Carlos Arboleya, who had not been able to attend in the last three meetings because of an operation, surgery, so he's coming back. So, I'm reappointing him, with a waiver for absence. Vice Chairman Gort: I'll waive mine. Do I have a motion to accept the nominations? Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Winton: 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." 314 April 26, 2001 The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-389 A MOTION REAPPOINTING SONNY ARMBRISTER, CARLOS ARBOLEYA, SR., ROBERT FLANDERS AND SALLYE JUDE AS MEMBERS OF THE PARKS ADVISORY BOARD. 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 Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort NAYS: None ABSENT: None Mr. Foeman: Mr. Vice Chair, there's also an at large appointment by the Commission. Dr. Gregory Bush has indicated that he's incumbent, that he wants to serve again, and we received one application from Miami -Dade for Mr. Sam Leraux (phonetic). Vice Chairman Gort: What's the wish of this board? Commissioner Regalado: Move Greg Bush. Commissioner Winton: Second. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 315 April 26, 2001 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 01-390 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS MEMBERS OF THE PARKS ADVISORY BOARD FOR TERMS AS 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: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None 316 April 26, 2001 Vice Chairman Gort: The Historic and Environment Preservation Board. Commissioner Regalado: I have one. OK. Mercedes Lamazares. Commissioner Teele: What board? Commissioner Winton: I have... Commissioner Regalado: Historic and Environmental Preservation Board. Commissioner Winton: I want to ... Walter Foeman (City Clerk): Commissioner, excuse me. For what category -- he has two, citizens... Commissioner Regalado: Citizen. Commissioner Winton: I'd like to appoint Anthony Parrish in the business category and reappoint Cynthia Haralson in the citizen category. Vice Chairman Gort: Any other nominations? Any other nominations? Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Teele: The people have to apply for this, is that right? Mr. Foeman: That is correct. And, for the record, those two... Commissioner Teele: Why does Commissioner Winton get the citizen category? Commissioner Regalado: Oh, I do too. Commissioner Winton: Don't ask me. Commissioner Regalado: No, no. He gets the business and finance, too. Commissioner Winton: Cynthia Haralson has the citizen category. Mr. Foeman: She is currently the incumbent. 317 April 26, 2001 Commissioner Winton: Oh. So I don't have to do anything with that. Commissioner Teele: Yeah. You have to appoint her if you want her. Mr. Foeman: Yeah, you have to appoint her. She has applied. Yes. Commissioner Winton: Does she have to be reappointed? She has to be reappointed? OK. Commissioner Teele: Second -- did you appoint her? Commissioner Winton: Yes. Vice Chairman Gort: Yes. Commissioner Teele: Second the motion. 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. 01-391 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. (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 318 April 26, 2001 The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-391.1 A MOTION APPOINTING MERCEDES LAMAZARES AS A CITIZEN CATEGORY MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. Note for the Record: Ms. Lamazares was nominated by Commissioner Regalado. Upon being seconded by Commissioner Teele, 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 Commissioner Teele: Now, these people -- the incumbents serve until their successor is named, is that correct. Mr. Foeman: That is correct. Commissioner Teele: Because we don't want to be in a quorum situation on this. Mr. Foeman: That's correct. Commissioner Sanchez: Where are we at now, 50? Vice Chairman Gort: Miami Sports Exhibition. I have one appointment coming up. I'm looking for the right person. So, I'll waive. 319 April 26, 2001 Vice Chairman Gort: Code Enforcement, 51. Commissioner Teele has one nomination; the Commission at large has one nomination for the alternate. Commissioner Teele: Now, I did this before. I would renominate Mr. Keane and request a waiver for his excessive absence. He was opening up a new business and he's assured me that he's going to be coming back. Commissioner Winton: Second that motion Vice Chairman Gort: It's been moved and second. How about the one at large, has anyone applied? Commissioner Winton: Dr.... Commissioner Sanchez: What are the names for that... Mr. Foeman: It's not an application board for Code Enforcement. It's whatever you proffer. Whatever you -- whoever you want to nominate for that. Vice Chairman Gort: This is Code Enforcement Board. Commissioner Winton: Dr. Aguste (phonetic) was -- I think I appointed him but he can't attend, so... Commissioner Sanchez: I would like to appoint Manuel Chamizo, who is a city resident. Commissioner Teele: Second the motion. Vice Chairman Gort: It's been moved and second. Is this the one at large? Mr. Foeman: Yes. Vice Chairman Gort: To fill the vacancy at large. OK. All in favor state by saying "aye." The Commission (Collectively): "Aye." 320 April 26, 2001 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-392 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS A REGULAR MEMBER AND AS AN ALTERNATE MEMBER OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. (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 321 April 26, 2001 Vice Chairman Gort: Planning Advisory Board. We have two nominations. One is by Commissioner Sanchez. One is by Commissioner Teele. The person that had applied, David Burley and James Black. Commissioner Teele: I would appoint ... Vice Chairman Gort: Michael (inaudible), Henry Crespo, Carlos Garrido and Doreen Locicero. Commissioner Sanchez: Mr. Chairman, I would appoint Jesus Roiz, who has complied. Commissioner Teele: And I will appoint Mr. James Black, who is an incumbent, and Cathy Leff. Commissioner Winton: Why does that name ring a bell, Cathy Leff? Commissioner Teele: She was the curator for the museum -- Commissioner Winton: Right. Over on... Commissioner Teele: -- and really has given -- coordinated a foundation and grants for the family. What's the family? The -- Commissioner Winton: Wolfson. Commissioner Teele: Wolfson family. So moved, Mr. Chairman. Commissioner Winton: Second. Commissioner Teele: Call the question, Mr. Chairman. Vice Chairman Gort: OK. There's been two nomination. All in favor state by saying "aye." The Commission (Collectively): "Aye." 322 April 26, 2001 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-393 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. (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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None Vice Chairman Gort: Zoning Board. Commissioner Teele has one nomination; Commissioner Regalado has one nomination. Commissioner Regalado: I have ... Walter Foeman (City Clerk): Commissioner Regalado has two nominations. Vice Chairman Gort: Wait. Hold on. Commissioner Sanchez: Hold on. Excuse me. Could we go back to 52? The Planning Advisory Board, I have my two regulars that are appointed, correct? I don't have my book. I took it back to my office. Mr. Foeman: Yeah, you've already made your appointments, both appointments to that. Commissioner Sanchez: For Planning and Advisory Board, I already have mine, so I don't have one. So, you could scratch Raul... Teresita Fernandez (Executive Secretary, Hearing Boards): May I? 323 April 26, 2001 Vice Chairman Gort: Yes. Ms. Fernandez: This is Teresita Fernandez for Office of Hearing Boards. Last meeting I remember that you moved Mr. Manner to the regular. Commissioner Sanchez: Yes, I did. Ms. Fernandez: So, you still have one opening, and that's why you're -- your appointment of Jesus Roiz is right. You still have an opening. Commissioner Sanchez: OK. Commissioner Teele: For an alternate. Ms. Fernandez: Which is an alternate. Commissioner Sanchez: All right. Ms. Fernandez: Thank you. Vice Chairman Gort: OK. Did we vote on that? Mr. Foeman: On the zoning ... Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." 324 Apri126, 2001 Vice Chairman Gort: Zoning Board. Commissioner Teele: Mr. Chairman, I have one appointment and I would reappoint Mr. Georges William. Walter Foeman (City Clerk): He did apply. He's an incumbent. Commissioner Teele: Yeah, it's right here. Vice Chairman Gort: OK. Commissioner Regalado. Commissioner Regalado: You're saying, Walter, that I have two or I only have one? Commissioner Teele: You have one. Mr. Foeman: Yes, you have two. Ms. Fernandez: Mr. Regalado, you have two -- Commissioner Teele: You said one. Ms. Fernandez: -- because Mr. Roiz didn't want to serve as a board member anymore, and then you had another one. Commissioner Regalado: Yeah, but Vice Chairman Gort: No. He has... Commissioner Regalado: Angel Urquoila. Ms. Fernandez: Oh, then... Commissioner Regalado: It's one of my appointments. Mr. Foeman: Yeah, but he didn't apply and this is an application -- he didn't apply this time. Vice Chairman Gort: He needs to put it in. Commissioner Regalado: He did not apply? Mr. Foeman: No. 325 April 26, 2001 Commissioner Regalado: But he's still on the board? Mr. Foeman: Yeah. I mean, there hasn't been any appointments, so he continues to serve unless you appoint someone. Commissioner Regalado: I want to reappoint him. Does he need to apply? Mr. Foeman: OK. Well, you can direct me to go back out and readvertise, accept applications. Commissioner Regalado: OK. Also, I have another person... Commissioner Teele: You need to do that by motion. Commissioner Regalado: Yeah. But I just want to ask a question. I have another person that is in the process of applying for that. Mr. Foeman: OK. Commissioner Teele: It's closed now. Mr. Foeman: You can direct me to go back out and receive applications. Commissioner Teele: Second the motion. Vice Chairman Gort: Any further discussion? Being none, 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. 01-394 A MOTION DIRECTING THE CITY CLERK TO READVERTISE FOR ADDITIONAL APPLICATIONS TO THE ZONING BOARD. 326 April 26, 2001 Upon being seconded by Commissioner Teele, 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 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 01-394.1 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER OF THE ZONING BOARD FOR A TERM AS DESIGNATED HEREIN. (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 327 April 26, 2001 Vice Chairman Gort: Fifty-four has been withdrawn. Commissioner Sanchez: Pocket items. Carlos Gimenez (City Manager): Commissioner, you need to go back to Item 19. Commissioner Teele wasn't here. Vice Chairman Gort: Well, let's finish this. We'll go back there. Fifty-five, we'll go back there. Fifty-five, discussion item, Right -Of -Way Condition Survey. Mr. Gimenez: That was withdrawn, sir. Those were the items that were withdrawn. Vice Chairman Gort: OK. Item 19. Commissioner Teele: Is this the same, where they ... Albert Ruder (Director, Parks & Recreation): This is Island Beat, which owed us.... Commissioner Teele: How much -- I told them whatever they didn't raise, I'd write a check for. How much do I have to write a check? Mr. Ruder: You have to write a check for two hundred dollars ($200), and then the Commission has to consider waiving the waivable fees, which are a thousand five eighty- one fifty. They paid... Commissioner Teele: The reason for this is, they had an outstanding balance from last year. Mr. Ruder: Yeah. The event happened in December of 2000. Commissioner Teele: And the check didn't clear. Mr. Ruder: Right. Commissioner Teele: And they went out and cleared the check, with the exception of two hundred dollars ($200). Mr. Ruder: Right. The non waivables they've cleared, with the exception of two hundred dollars ($200), but then they -- unless the Commission waives the waivable fees, they will owe that also, so... 328 April 26, 2001 Commissioner Teele: Well, I don't want to write a check for the other part. I will move to provide the waiver for the waivable fees, under the condition that the check I write --as their a donation clears. It's two hundred dollars ($200), is that correct? Mr. Ruder: Yes. Commissioner Sanchez: All right. Vice Chairman Gort: OK. So, what's the motion? Commissioner Teele: I would move to waive the waivable fees for Item Number 19. Commissioner Sanchez: What's the amount? Vice Chairman Gort: OK. There's a motion. There's a second? Commissioner Regalado: Second. Vice Chairman Gort: Any further Commissioner Sanchez: How much is it? What's the amount? Mr. Ruder: The amount of the waiver would be a thousand five eighty-one fifty. They are fees that we have waived before, rental fees and usage fees. Commissioner Sanchez: OK. Vice Chairman Gort: 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. 01-395 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WAIVE ALL FEES ALLOWABLE PER CITY CODE, NOT TO EXCEED $1,581.50 IN CONNECTION WITH USE OF CURTIS PARK STADIUM FOR A SOCCER TOURNAMENT HELD ON DECEMBER 2, 2000 BY ISLAND BEAT MARKETING, INC. 329 April 26, 2001 Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Commissioner Johnny L. Winton 330 April 26, 2001 Vice Chairman Gort: Pocket items. Commissioner Regalado: Mr. Chairman, if I may, because Mr. Ruder is already there. There is a pocket item regarding the use of the mobile stage of the Parks Department on a rally that was held last Saturday in front of Elian's house on the first anniversary of the incident, and they paid employees, but in consultation with the Manager. He agreed to bring this item here to waive the rental fee. That's all we want to waive, right? Albert Ruder (Director, Parks & Recreation): Yes. Commissioner Teele: How much is it? Commissioner Regalado: One and 28 -- one hundred and twenty-five dollars ($125), right? Mr. Ruder: It's about a hundred and eleven dollars and eighty-three cents ($111.83), including tax. Commissioner Regalado: OK. That's the motion to waive that. Commissioner Teele: Second the motion. This is for Elian? Vice Chairman Gort: It's been moved and second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 331 April 26, 2001 The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 01-396 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WAIVE RENTAL FEE OF $111.83 FOR USE OF PARKS DEPARTMENT MOBILE STAGE FOR THE PROTEST RALLY HELD ON SATURDAY, APRIL 21, 2001, THE ANNIVERSARY OF THE ELIAN GONZALEZ INCIDENT. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Johnny L. Winton 332 April 26, 2001 Vice Chairman Gort: Pocket items. Commissioner Sanchez: District 1. Vice Chairman Gort: Go ahead. I'll be last. Commissioner Sanchez: He's not here. District 2. Vice Chairman Gort: District 2, go right ahead, sir. Commissioner Sanchez: District 3, Mr. Chairman. I have one pocket item -- well, two pocket items. One is respectfully requesting the City of Miami to consider approving and supporting the City of Miami participating in a community wide Fourth of July fire works extravaganza, coordinated by the Bayfront Park Trust, R. Paniagua, Inc., and Bayside Marketplace, the community of Miami, Miami Beach and Key Biscayne, along with Coral Gables, will unite to produce one of the largest coordinated fire works event in the United States, which will be synchronized to music, simulated by local radio stations. That is the -- there's a motion to approve. Commissioner Teele: Second. Commissioner Regalado: Second. Vice Chairman Gort: What time will that take place? Commissioner Regalado: Are we invited? Commissioner Sanchez: We still don't know the times. Commissioner Regalado: We are invited. Commissioner Sanchez: All the Commissioners and the Mayor and all the citizens of Miami and Dade County and the state of Florida are welcomed. Everyone's invited. This is the first time ever that Miami will put together an event like this, and I think it's going to be great for the City because, not only do we have Miami Beach involved, Key Biscayne, Coral Gables and our City, that we're going to put a show that's going to knock everybody's socks off, similar to... Commissioner Teele: How much is it going to cost us? Commissioner Sanchez: Well, it's not going to cost the City a penny. 333 April 26, 2001 Vice Chairman Gort: Way to go. 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. 01-397 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AND SUPPORTING THE CITY OF MIAMI'S PARTICIPATION IN THE COMMUNITY -WIDE JULY 4TH FIREWORKS EXTRAVAGANZA, COORDINATED BY THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST"), R. PANIAGUA, INC. ("RPI") AND BAYSIDE MARKETPLACE ("BAYSIDE"), WHEREBY THE COMMUNITIES OF MIAMI, MIAMI BEACH AND KEY BISCAYNE WILL TOGETHER PRODUCE ONE OF THE LARGEST SYNCHRONIZED RADIO SIMULCASTED FIREWORKS SPECTACULARS IN THE UNITED STATES. (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 Arthur E. Teele, Jr. Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Johnny L. Winton 334 April 26, 2001 Commissioner Sanchez: The other item is also requesting -- a pocket item requesting the City of Miami consider a cap of user fee for the use of the Orange Bowl by the Miami Fusion. Miami Fusion will be presenting two soccer games on June the 30th and July the 21St, 2001. This event is expected to produce net revenue to the City in excess of fifty thousand dollars ($50,000). So move. Commissioner Teele: Second. Vice Chairman Gort: Any further 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 its adoption: RESOLUTION NO. 01-398 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN EXISTING USE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MAJOR LEAGUE SOCCER, L.L.C., TO ADD NEW PARGRAPH 19(B) TO PROVIDE A PROVISION FOR A MUTUAL INDEMNITY CLAUSE RELATED TO THE PRESENTATION OF TWO SOCCER GAMES AT THE ORANGE BOWL STADIUM ON JUNE 30, 2001 AND JULY 21, 2001. (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 335 4/26/01 Commissioner Sanchez: And, also, Mr. Chairman, before we go on. It's a resolution that we passed, just for the record, on the fire works extravaganza. Vice Chairman Gort: Thank you. Commissioner Teele. Commissioner Teele: Pass (inaudible). Vice Chairman Gort: Too late. It's 9:30. Go. Commissioner Teele. Commissioner Teele: Pass (inaudible). Vice Chairman Gort: Commissioner Regalado, you have any pocket items? Commissioner Teele: Do you have my pocket items, Mr. Attorney? Commissioner Regalado: No. Vice Chairman Gort: No. OK. I have... Alejandro Vilarello (City Attorney): Mr. Chairman ... Vice Chairman Gort: Commissioner Winton has a pocket item. It's a resolution of the Miami City Commission urging the officials of Miami -Dade County, the County, to take all steps necessary to direct the immediate construction of a new toll plaza on Venetian Causeway; further supporting increases for the costs of residential causeway passes from six dollars ($6) to twenty-four ($24) and regular vehicle toll fees from fifty to dollar; and directing the City Clerk to transmit a copy of this resolution to the officials designated therein. Commissioner Regalado: I'll second the motion. I just Vice Chairman Gort: No. I need somebody to make the motion. Commissioner Regalado: Well, I move it. Commissioner Teele: I so move. Second. Vice Chairman Gort: It's been moved and second. Discussion? Commissioner Regalado: I just got a question. Maybe the Manager can respond. When 336 April 26, 2001 we go through the Rickenbacker Causeway we pay one dollar ($1) to the County, and, yet, we may go to Virginia Key or to Rusty Pelican or to the marina or to Miami Marine Stadium. Are we getting some of that money? Carlos Gimenez (City Manager): No, sir. Commissioner Regalado: We're not getting some of that money? Mr. Gimenez: No, sir, we're not. Commissioner Regalado: That is pretty weird. Mr. Gimenez: I believe it's a County road, so they get -- the County or state road or whoever owns it, they get the whole revenue for that toll. Commissioner Teele: That goes to the... Commissioner Regalado: That goes to where? Commissioner Sanchez: He said Rickenbacker. Commissioner Regalado: It isn't? Commissioner Sanchez: You said Rickenbacker. Commissioner Regalado: I did? He's not going to get mad. He's dead. Vice Chairman Gort: OK. Any further discussion? All in favor state by saying "aye." Hello? The Commission (Collectively): "Aye." 337 Apri126, 2001 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 01-399 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE OFFICIALS OF MIAMI-DADE COUNTY (THE "COUNTY") TO TAKE ALL STEPS NECESSARY TO DIRECT THE IMMEDIATE CONSTRUCTION OF A NEW TOLL PLAZA AT VENETIAN CAUSEWAY; FURTHER SUPPORTING INCREASES FOR THE COSTS OF RESIDENTIAL CAUSEWAY PASSES FROM $6.00 TO $24.00 AND REGULAR VEHICLE TOLL FEES FROM $.50 TO $1.00; AND DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. (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. Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Johnny L. Winton 338 April 26, 2001 Vice Chairman Gort: I know it's 9:37, but we could have been here a lot later than this. Commissioner Sanchez: You've done a great job. Vice Chairman Gort: We took a cocktail break, so... Commissioner Sanchez: Mr. Chairman, you've done a great job today. Vice Chairman Gort: I have a pocket item. Go ahead. Go ahead, Commissioner Teele. We'll behave. Commissioner Teele: Mr. Chairman, this is a pocket item on the transferability of a photographic collection of a non -permanent basis to the Historical Museum of South Florida. At the last Commission meeting, the Commission passed an ordinance to establish a new revenue fund. The collection of negatives and photographs that needed to be placed in the appropriate facility for preservation and maintenance will be established. It is therefore the resolution of the City of Miami Commission to loan, 1 -o -a -n, designated collections of photographs and negatives to the Historical Museum of Southern Florida, to be maintained in the collection of the historical museum at 101 West Flagler, Miami, and, Mr. Chairman, I would hope that we will schedule the Clerk, in May or June, to give a presentation, because what is happening now with the advertising of records and the preservation of records is really going to put Miami on the map, and I think the Clerk should be commended. He's working with historical groups. I met with one of the research librarians, and they're all excited because, for the first time, photographs that go all the way back to -- how far back? Walter Foeman (City Clerk): Well, that particular collection goes back from the 40s. Commissioner Teele: To the 40s will be available, and it will be, you know, eventually digitized at some point? Mr. Foeman: Yeah. It's part of a digital library. Commissioner Teele: And it will be available to people just to be able to get on the Internet and get it, and I would so move. Commissioner Sanchez: Second. Vice Chairman Gort: There's a motion and a second. Any further discussion? All in... Commissioner Regalado: I just have a question. Photographs of old Miami? 339 April 26, 2001 Mr. Foeman: Yes. Events and specific... Commissioner Regalado: How many? Mr. Foeman: I'm not exactly sure as to how many prints. A lot of them have to be -- haven't been printed. We have negatives -- an inordinate number of negatives. Commissioner Regalado: Well, you know, because, on July there is another anniversary of the City of Miami and I think it will be nice to have in the lobby of City Hall, you know, those pictures of -- for display for the people to see. I mean, this is the only City Hall in the world that doesn't -- that does not have a picture of the Mayor and the members of the Commission in the lobby. Commissioner Teele: You'll have one tomorrow, I bet you. Vice Chairman Gort: We're too ugly to be there. Any other -- there's a motion. There's a second. 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. 01-400 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY CLERK TO LOAN THE CITY OF MIAMI HISTORIC COLLECTION OF PHOTOGRAPHS AND NEGATIVES TO THE HISTORICAL MUSEUM OF SOUTHERN FLORIDA, LOCATED AT 101 WEST FLAGLER STREET, MIAMI, FLORIDA; AUTHORIZING 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.) 340 April 26, 2001 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Johnny L. Winton 341 April 26, 2001 Vice Chairman Gort: I have a pocket item. This discussion regarding the possibility of co-sponsorship and waiving the rental fee for the Tony Taylor Baseball Tournament being held in front of our park from April 15th, 2001 to July 31St, 2001. And, really, what it is, this is -- it's currently -- they're hosting a baseball tournament. The older youth from for approximately 17 years to 25 years of age is one way to keep them. It's three times a week at the park. It's one way to keep those kids off the -- all the kids off the street in a good solid program. Commissioner Sanchez: What's the costs? What's the estimated cost to the City? Albert Ruder (Director, Parks and Recreation): I don't really have that because this just came up... Commissioner Sanchez: Ballpark? Well, get it. Ballpark? Mr. Ruder: Well, again, it's from April 15th to July 31St. I would say, ballpark, maybe 2500 or 2700, but there's no labor. That's just a rental cost. Vice Chairman Gort: That's a rental cost. Mr. Ruder: It depends, how many hours they use it. Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 342 April 26, 2001 The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-401 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO CO-SPONSOR THE TONY TAYLOR BASEBALL TOURNAMENT AT FERN ISLE PARK FROM APRIL 15, 2001 TO JULY 31, 2001; FURTHER DIRECTING THE MANAGER TO WAIVE RENTAL FEES NOT TO EXCEED $2,700 FOR USE OF SAID PARK FACILITY. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Johnny L. Winton 343 April 26, 2001 Vice Chairman Gort: Is there any other item to be brought in front of this Commission? Commissioner Teele: Mr. Chairman? Alejandro Vilarello (City Attorney): Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Teele: Are we going to get a discussion or a briefing on the parking surcharge or what? Mr. Vilarello: Mr. Chairman, as the Manager prepares for that, can I bring to the Commission's attention one matter that's been in litigation for quite a while, with regard to Bedminster, and my request is that the Commission appoint one of its members to be the Commission designee for the purpose... Commissioner Teele: OK. Who's not here? Mr. Vilarello: Commissioner Winton. Commissioner Teele: OK. I move Commissioner Winton. Mr. Vilarello: To be the Commission designee if it's necessary for us to go through any kind of mediation process. The opposing party has requested that one of your members be a liaison to the administration in my office as we go through the mediation process. Commissioner Sanchez: I volunteer. 344 April 26, 2001 Vice Chairman Gort: I have a matter that's been brought up to me. It's from Mr. Steve Hagen, who is very active in the Billboards Committee. My understanding is that he received notification that a new billboard is being added to existing billboards that we have on Northeast 29th Street and North Miami Avenue. Commissioner Teele: 29th Street? Frank Rollason (Assistant City Manager): That billboard, if it's the same billboard that we discussed this morning, it's permitted, it's legal, we checked it out this morning, and -- Vice Chairman Gort: Well, I don't recall discussing any -- Mr. Rollason: No, we didn't discuss it here before the Commission. It was discussed with the administration. We researched that particular billboard. He was of the impression that it didn't have a permit. We did research it. It does have a permit. It is legal. Vice Chairman Gort: It is an existing billboard, because according to the letter that I received here, he was informed by the New Times there is another new billboard coming up, a new billboard coming up. Commissioner Teele: Is that in an industrial area? Commissioner Regalado: Why don't you guys have a moratorium on billboards until you come up with -- Mr. Rollason: It's not in C-1. Commissioner Regalado: Huh? Mr. Rollason: It is not in C-1. It is permitted. Commissioner Regalado: No, no, no. But Frank, what I'm saying is that to show that we really want to do something right, just have a moratorium on any new permits for billboards until you come back. Commissioner Teele: He's saying it's an old permit. Commissioner Regalado: It's not an old permit. It's a new permit. It's a new permit. That billboard -- and what you're looking with that is that these people that are onto this issue will follow the new billboards around. You just have a moratorium. No new permits in 60 days until you come up -- you wanted 60 days to come back with -- Mr. Rollason: Right. We're going to come back in 60 days to you with (inaudible). Commissioner Teele: Thirty now. 347 April 26, 2001 Commissioner Regalado: Well, 30 now. Mr. Rollason: Right, 30 -- 28. Vice Chairman Gort: Mr. Attorney. Alejandro Vilarello (City Attorney): Commissioner, could I suggest that you direct the Manager to conduct a study and report back to you before we consider any kind of moratorium with regard to permits? Commissioner Regalado: The Manager is studying and the Manager is coming back. I'm just saying I don't care if they give any moratorium. I'm just saying that it is a very sensitive issue, that some press is onto this issue, and they're going to make a big thing out of probably nothing. I'm just saying that. It'd be easier, more transparent to stop all permitting until you come out with a report. Commissioner Sanchez: Is that your motion? Commissioner, is that your motion? Vice Chairman Gort: Wait a minute. Hold it, hold it. Excuse me. Commissioner Regalado: That's a motion or whatever. I don't care. Mr. Vilarello: Commissioner, I understand your concern. With regard to signs and billboards, they are within our Zoning Code. If that is your wish, what I'd like to do is prepare an ordinance, to come back the very next Commission meeting for you to consider the implications of it. Commissioner Regalado: When you do that, Alex, he's coming back with a report, and then we don't need the moratorium anymore. Mr. Vilarello: Well, I can come back at the May 10`h meeting. I'm not suggesting a proactive delay. State law prohibits us from considering a change to the Zoning Ordinance at this point. Commissioner Regalado: Hey, I am not going to be singled out in this. It's going to be the administration. Vice Chairman Gort: Let me tell you, we made a commitment in here, we made a commitment in here that we wanted to restrict them, we wanted to see what's going on. And yet, we allow people to come up with new signs. And what happens is whatever decision we make after that study, all those signs will be grand -fathered in, because they're given the permit, they're going through the process. And this is something that should have been done before. Commissioner Winton: I don't get it. I'm confused. Vice Chairman Gort: Well, what it is, is, Johnny, we asked -- Commissioner Winton: No, I understand what we wanted. I don't understand why new permits are being issued. I don't get that. 348 April 26, 2001 Commissioner Regalado: That's what I'm saying. That's what I'm saying. Vice Chairman Gort: Because we have not changed the ordinance. Commissioner Winton: Right. I don't get that. Commissioner Regalado: He's saying, well, it's within the Code. But what Willy is saying is that people are rushing to get permits so they can get grand -fathered when we decide otherwise. Commissioner Teele: Have we established when the permit was issued that we're talking about? When was the permit issued? Dennis Wheeler (Director, Neighborhood Enhancement Team): Dennis Wheeler, Director of NET (Neighborhood Enhancement Team). It is a new billboard. It's at -- the address is 10 Northeast 29th Street. There are two other billboards on that location. It was permitted recently. I don't know the exact date. And probably after -- I just don't know the exact date. We'll say recently, for the record. I had the Assistant Director, Francisco Garcia, today research to see whether it was permitted, and it was. It has had two inspections -- one for structural and one for Public Works. Commissioner Regalado: Dennis. Mr. Wheeler: Yes, sir. Commissioner Regalado: This is not about inspections. This is not about being legal. This is about specifically what Commissioner Gort said. People are rushing into getting permits, because they think that we are going to restrict, and they want to be grand -fathered. So what you're going to get is in the next three or four weeks or five to ten weeks, whatever, you're going to get a lot of people trying to get permits for legal billboards. But that is going to raise a lot of eyebrows, especially in the press, because they -- some people are going to think that what we're doing is we're letting the people to go through the back door of the system, and keep doing what they were doing. I suggest to stop all permitting. The administration can do that until they come back with something for the City Commission to consider. That's all I'm suggesting. Carlos Gimenez (City Manager): Commissioner, the administration will take -- will carefully review all permit applications from now on, yes, sir. Mr. Vilarello: And Commissioner -- Commissioner Sanchez: Now, let me ask, since we're on the billboards -- Commissioner Regalado: I don't -- I don't know. Commissioner Sanchez: Since we're on the billboards, on C-1, are the illegal ones being removed? Mr. Rollason: Well, all the billboards in C-1 are non -- 349 April 26, 2001 Commissioner Sanchez: C-1, which are most in my area. Mr. Rollason: All the billboards in C-1 are non -conforming. They do not belong there. Commissioner Sanchez: You haven't answered my question. Are they being removed? Mr. Rollason: I will answer your question. Commissioner Regalado: If they're non -conforming, there is -- Mr. Rollason: They are non -conforming. They have been -- A letter of notice of violation has been sent. At the end of the 30 days, they will be given an affidavit of non-compliance. And the next Code Enforcement Board meeting thereafter, they will be cited to the Code Enforcement Board and be brought to the Code Enforcement Board. Commissioner Sanchez: Thank you. Commissioner Regalado: And to comply, do they have to take them down? Mr. Vilarello: Yes, sir. Mr. Rollason: They have to remove them, yes, sir. Commissioner Regalado: That will be the only -- the only -- Mr. Rollason: That's in C-1. Commissioner Regalado: Yeah. Commissioner Sanchez: In C-1. Commissioner Regalado: So that will be the only instance where they will get the letter of compliance, right? If they take them down. Mr. Rollason: Yes, sir. Mr. Vilarello: Mr. Chairman, I will bring back at the next Commission meeting on the agenda an ordinance which addresses Commissioner Regalado's concerns. Vice Chairman Gort: Good. Commissioner Sanchez: OK. 350 April 26, 2001 Commissioner Sanchez: Getting back on the litigation of the... Alejandro Vilarello (City Attorney): Bedminster. Commissioner Sanchez: Yes. Mr. Vilarello: I need a Commission designee, if you so designate would be a volunteer. Commissioner Sanchez: I volunteered if the Commission wants to appoint me. Vice Chairman Gort: You got it. Commissioner Regalado: Hey, when do you want to start? Commissioner Sanchez: I just gave up a big responsibility. I'm going to enter another one. Mr. Vilarello: Thank you. Vice Chairman Gort: You'll love every minute of it. Come on, give me a break. Commissioner Sanchez: Move to adjourn. 349 April 26, 2001 Vice Chairman Gort: No. Surcharge. Commissioner Regalado: Parking surcharge. Parking surcharge. Carlos Gimenez (City Manager): Commissioner, my beeper has gone off for about eight times with a 911 message from Tallahassee in the last five minutes, so there must be something going on there, and the last I heard, there apparently is little support for the repay, and there's a move to increase what the City's participation is going to be. I would like, if possible, to get some direction from you all. I know that, from my perspective, I think that what the City was going to put on the table originally, which was purchase the land and then the two million dollars ($2,000,000) per year to go to the construction of the stadium is about as far as I would recommend that you go. Commissioner Sanchez: How much? Mr. Gimenez: It would be whatever it would take from the surcharge to purchase the property, and then the two million dollars ($2,000,000) that was supposed to go to the 26 -- that would generate twenty-six million dollars ($26,000,000) toward the construction of the property -- of the stadium, that is as far as I would recommend that we go. Commissioner Teele: I don't understand. What two million dollars ($2,000,000)? Vice Chairman Gort: What are you asking us to do? Mr. Gimenez: Apparently... Commissioner Regalado: Excuse me. Excuse me. Mr. Manager, I know what you're trying to say. I support what you're saying. I think that that's the farthest that we can go, but predicated that we get the bill on the 20 percent surcharge -- because there is a move to do this and do that, reduce -- this is predicated on the 20 percent surcharge. Mr. Gimenez: Yes, sir. That's exactly -- you're absolutely right. And that is also indicated to our consultant -- our lobbyist up there, that we are not going to -- we're not backing down on the 20 percent, but that apparently, there's a move down since there is -- there is declining support for the tax rebate that the City picked up, that kind of... 350 April 26, 2001 Commissioner Sanchez: That's a problem. That's a big problem. Now, Mr. City Manager, it is late. We're tired. This is something that I think that we need to really discuss. What I suggest is that you meet with us next couple of days and give us the information. I mean, I don't want to get into -- Mr. Gimenez: I'm flying to Tallahassee tomorrow morning. So, if that's the direction I'm getting from you all, that basically, what we have on the table is what (inaudible) ... Commissioner Regalado: I think that, if they all agree, you know, what we offer at the Artime originally is what we still offer and this is all predicated on the 20 percent surcharge bill, signed by the government -- by the governor, regardless of whether they want a referendum or not. Referendum doesn't matter. For me, I think it's great that we have a referendum on this issue. I would rather like you to convey the message that, if they want a referendum, they should do it in the fall, not in the November election because the ballot is going to be too crowded and all that and it's going to confuse... Mr. Gimenez: We can relay that and try to get that done. The only other substantive change that was done to -- so far -- and, again, I haven't made these calls, so I guess there's something (inaudible) and Commissioner Winton (inaudible) a little bit because he made a phone call. But -- was that the original surcharge had 68 percent was for reduction of taxes and fees. That portion is then modified to also include the purchase of land for public facility, and on the bottom there's 20 percent to increase the reserves that the City would get, up to 15 percent, and then you could use it for (inaudible). What's been added is that, on that bottom 20 percent, you could -- of course you reach your 15 percent reserve. You can use that other 20 percent -- up to 20 percent for infrastructure improvements in the DDA (Downtown Development Authority) boundary. That's the -- the real structural change... Commissioner Regalado: We were going to do it anyway, so... Commissioner Sanchez: But, Mr. Chairman, wait. We all knew that this was going to be a drawn-out, complicated process. We all knew it when we passed that resolution. Tallahassee, it's an animal within itself. You know how things work up there. Certain bills have to go through certain committees, and they amend it here and then they take it out of this Commission and they put it in the other one. Then we put it back exactly how it was. They modify it a thousand times. We cannot deviate from our original resolution. That was our commitment. We, as a legislative body, made an agreement that was as far as this City was going to go. We cannot over -exert ourselves to a point where they're going to come back in Tallahassee and say, well, you're going to have to pick up "X" 351 Apri126, 2001 amount. If it's a deviation from the original resolution that we put out -- you know, we're not going to get back into that game where we're going to have to come back here and basically ... Commissioner Winton: Fund the whole stadium. Commissioner Sanchez: And that's going to be it. So, we have to send that clear message, and I know you've been doing a good job up there because I've been keeping in touch and you have stood to your ground. I must commend you on that, but it's going to get to a point where, what's going to happen is -- their number one priority right now is to get it to the House's floor, the Senate's floor, pass it however they can, and they come back and renegotiate with us, and we should not allow that. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Let me -- go ahead. Commissioner Teele: I'm sorry. Go ahead. Vice Chairman Gort: No. Go ahead, Commissioner Teele. Commissioner Teele: Mr. Chairman, I am -- I don't understand what the Manager said. You know, I'm a little slow here on this. Tell me about the two million dollars ($2,000,000) because you -- that just sort of -- I didn't hear it. What two million dollars ($2,000,000) are we talking about? Carlos Gimenez (City Manager): The original plan called for what the Marlins thought would be the additional revenue generated by the extra parking (inaudible) people going to the games would be about two million dollars ($2,000,000). A surcharge would be diverted back to the construction of the stadium, which would generate about twenty-six million dollars ($26,000,000). That was from the get -go. That was the original plan. What we decided that we were no going to purchase some land is, you know -- it is my intention to use the surcharge, if we get a 40 -year extension to bond part of that in order to purchase the land. So, I think that's basically what we, the City of Miami, have on the table at this point. If it goes beyond that, you know, I'm not here, you know, recommending that we go beyond that. That's going to be hard enough as it is for us to do. If it goes beyond that, then it really could (inaudible) significant budgetary impacts to the City because we use that eleven to thirteen million dollars ($13,000,000) now that we generate from that parking surcharge to reduce taxes and increase our reserves, et cetera, and if we start dipping into that, it will allow you a budgetary impact. So, I'm not 352 April 26, 2001 going to recommend that we go beyond what we put on the table originally. Vice Chairman Gort: What's happening right now is, we made our commitment. We're complying with our commitment. Somehow, the other commitment from the other parties are not there and they want us to take that commitment over. Commissioner Teele: Well, obviously, everybody wants to spend everybody else's money. I mean, that's a no-brainer. I'm not comfortable tying the Manager's hands. I mean, the legislative process is not a yes and no, up or down. I mean, politics, in the legislative process, really is the art of compromise. Mr. Attorney, is there any way a Commission meeting, by telephone, under state law, can be held? Mr. Vilarello: You can have a Commission meeting called, and members of the City Commission can attend by telephone, but it has to be held at... Commissioner Teele: At a reasonable hour, at a reasonable time, to give reasonable notice... Mr. Vilarello: And location, where the members of the public can then come and attend. Commissioner Teele: Can listen in and dah, dah, dah. Well, I, for one, would ask that the Manager and the Attorney, over the next two weeks -- how many weeks do we have, one week or two weeks left? Commissioner Sanchez: One. Vice Chairman Gort: One. Commissioner Teele: Over the next week try to maintain contact with all of our staffs because I think, clearly, you need a consensus of support, and I really hesitate at this point to say just go ahead and get the best deal and let us know how it comes out. On the other hand, I don't think we should not be available to you because, at the end of the day, we're talking about fully funded one billion dollars ($1,000,000,000), and I have a hard time believing that all of us, as Commissioners, are so busy or so engaged that we cannot be assessable to the Manager to deliberate on that. I know that I've been on the phone with people over the last two or three weeks on this issue. It was my plan, pursuant to the coordination with both the Marlins and the Manager's Office, to be in Tallahassee on Monday because I was told that they wanted me to meet with the Senate President. Now, I mean, I support the -- I voted no. I support the stadium. I think the majority has spoken, and we all have to be engaged in trying to bring this about. But the only thing 353 April 26, 2001 that I'm really a little bit unclear about is the reference to the DDA or the -- what was it called? Commissioner Winton: The infrastructure improvement dollars. Commissioner Teele: The infrastructure improvement. And the only thing, Johnny, I would ask that you work with the Attorney and the Manager and Nachlinger to include DDA and CRA (Community Redevelopment Agency), because one of the things to remember is that while we're all for the DDA, the downtown area, people live in the redevelopment area, you know, in both the Omni and in Overtown and Park West. And, so, there are capital needs in those areas, and to be very candid with you, the redevelopment area is going to generate probably 50 percent of all of the redevelopment - - of all of the dollars, parking dollars, not this year or next year, but when the Performing Arts Center is built and on and on and on, you're going to have a huge magnet down there, plus what we already have with the various arenas. So, I would only ask that we take that into account. We do some recalibrating and rethinking. I will go one step further, Johnny. If I could figure out a way to drop Coconut Grove from the parking surcharge, I would. I mean, I just don't think we've been really sophisticated -- I'm talking about in some of the ways a bill could be structured because it's very clear to me that it's not a one -size -fits -all, the problem that we're taking. Coconut Grove has a unique problem as it relates to South Miami and Coconut Grove -- we heard that, we've listened to it and it... Commissioner Winton: And Coral Gables. Commissioner Teele: And Coral Gables. And we really are -- I'm looking at the numbers, and the truth of the matter is that Coconut Grove only collects 11 percent of the tax based upon these calculations, but, yet, we may be doing an extraordinary disproportion damage to Coconut Grove based upon what I've heard the business owners and the proximity to South Miami Coral Gables, et cetera, do. So, I think the idea of looking at the DDA area and the two redevelopment areas as some sort of carving could make sense, as long as it's 20 percent. In other words, what I'm telling you is, if you look at this, 80 percent of the entire surcharge is collected in the DDA areas and the CRA areas, OK, 81, 82 percent, including the site where the new arena is going to be, and if there were some way you could develop the legislation that ties it to redevelopment area, the DDA and the CRA, you know, the Omni and the -- Commissioner Winton: Saying we can. Right. Commissioner Teele: It can be done. I know it. And we could carve this thing in such a 354 April 26, 2001 way at 20 percent -- 10 percent Citywide, an additional 10 percent DDA/CRA wide, that you could literally give a little bit of relief. You know, you're talking about losing about 15 percent of the second 10 percent, and if we could figure out how to drop the referendum requirement on that and do a few other things, you know, we would have a much better package than we're going in on. Commissioner Winton: Commissioner Teele, I'm hearing that without the full details, but in terms of your desire to get us all together, I'm hearing that tomorrow there's going to be a major rewrite that gets on the floor relative to how the Marlins financing work, and I'm hearing that there's potential that this becomes the entire vehicle. So, we may need to be talking to each other tomorrow. Commissioner Teele: Yeah. Well, the problem you and I have is, we can't talk, except here. Vice Chairman Gort: That's right. Got to have an open meeting. Commissioner Winton: Right. Commissioner Teele: Except here. That's why we have misunderstandings from time to time. Commissioner Winton: No. I'm saying -- and, so, the soonest we could call a special meeting -- because it has to be noticed -- would have to be Monday, and maybe we ought to be calling that special meeting now in anticipation of. I mean -- because... Commissioner Regalado: Why don't you guys do -- you have to be in Tallahassee? Vice Chairman Gort: Four o'clock. Mr. Gimenez: I'll be in Tallahassee tomorrow. Commissioner Regalado: But on Monday -- on Monday, you're going to be... Commissioner Teele: This deal is going to go down starting next Monday. This is when the deal is going to be. It may go down tomorrow, but ain't nothing going to hit the floor tomorrow, the full floor, as I understand it. It's going to be -- it's Monday. He's hearing Monday; I'm hearing Monday, but it may go tomorrow. But I think the safest thing to do is to have a meeting in Tallahassee or you and I announce a Sunshine Law meeting in Tallahassee, at a certain time and place to discuss this. 355 April 26, 2001 Commissioner Regalado: But if I may... Commissioner Winton: I'll just have to change my schedule. Commissioner Regalado: Johnny, if I may. Arthur, I heard the exact words that were used by some of the state legislatures, and they didn't use the word DDA. They used the word downtown. And downtown, they don't know the difference or the boundaries between downtown and CRA and... Commissioner Teele: Well, they've got to use some legal definition. Commissioner Winton: No. We -- there is specific language that got... Commissioner Regalado: No, no, no, no. But what I'm saying is, when they made the statement to the media that they would want -- that they used the word downtown. So, that's... Commissioner Winton: Right. But the language is more specific. Commissioner Teele: Is this the language, the DDA area? Vice Chairman Gort: Geographical boundaries. Commissioner Teele: The DDA geographical boundaries. Mr. Vilarello: Which includes some of the redevelopment agency, but not all. Commissioner Teele: Which includes some of it or all. And I think that's all we need, is for the DDA and the CRA to work it out, and we can get 80 percent of this thing done if we can carve it up right. And my view is, if the DDA/CRA had the authority to levy 10 percent and the City had the authority to levy 10 percent, you will have -- and we didn't have a referendum, no City referendum -- you would have 90 percent of everything you're asking for. Commissioner Winton: I hear there's no chance we're getting out of there with a referendum. Vice Chairman Gort: You have to have a referendum. 356 April 26, 2001 Commissioner Winton: But like I said -- Commissioner Teele: I ain't for it if got to have a referendum. Commissioner Winton: -- tomorrow there could be a radical Vice Chairman Gort: Have to go to referendum. Commissioner Winton: Everything we're talking about right now may be moot tomorrow. Vice Chairman Gort: Let me tell you. Mr. Manager, I was with the Manager up there when several negotiations was taking place and what I'd like to see -- and the Manager really did a great job in standing up for the City of Miami -- is that we want to make sure that we -- since we're a player and it seems like we're a major player, that we be considered at all times. There were some transactions that were taking place without the City of Miami input, so I want to make sure you keep those same standards that you have been taking, Mr. Manager. Whatever we do ... Mr. Gimenez: Yes, sir. I understand now that the -- that this item may be the first item on the floor tomorrow morning. Commissioner Winton: Commissioner Teele, did you hear that? Mr. Gimenez: May be a major rewrite, so there are going to be some conversations going back and forth tonight. Commissioner Winton: On the floor, first thing tomorrow morning. Commissioner Teele: Which floor, House or Senate? Commissioner Winton: House. Commissioner Sanchez: Then you need to keep us (inaudible). Commissioner Teele: You're saying this bill is up for final passage tomorrow -- for first reading... Mr. Gimenez: Major refinancing... 357 April 26, 2001 Commissioner Winton: Everything we're talking about is now irrelevant. Commissioner Sanchez: But it's not going to (inaudible). Commissioner Teele: No, it's not. Let me tell you something, Johnny. This thing -- this bill has not hit the floor yet. It's still in committee. It's got three readings. They'll waive two. Mr. Gimenez: They waived the final committee on the House side... Commissioner Teele: But you've got two readings -- you have a mandatory two readings on the floor. Commissioner Sanchez: Is it scheduled (inaudible). Commissioner Teele: It doesn't (inaudible) in one day. You have to have a first reading; then it comes back, and you've got to have a second reading. Commissioner Winton: I'm just telling you what we're hearing, and it's not from ... Mr. Gimenez: I yield to your knowledge of the legislature, sir. (Inaudible) information we have is going to be on the floor tomorrow morning. Commissioner Teele: I'm not denying that, but I'm just saying, it will be on the floor Monday or Tuesday, as well. Mr. Gimenez: Yes, sir. Commissioner Regalado: Why don't have we have -- there is -- here at City Hall there is Coconut Grove town hall meeting on Monday at 7 p.m. Why don't we have a meeting at 5 p.m? On Monday, if that is -- if there is a need for it? Commissioner Winton: Yeah. There's a Coconut Grove... Commissioner Regalado: At 7, here. Commissioner Winton: Yeah, town hall or... Commissioner Teele: We cancelled the CRA meeting to accommodate that meeting. Why don't we call a special meeting now -- we can always cancel it -- for 6 o'clock, at 358 April 26, 2001 City Hall, you know, just to do it, and we'll be out of here in 45 minutes or so. Commissioner Sanchez: Monday. Commissioner Teele: For Monday. Commissioner Winton: Right. I agree. I agree, Commissioner Teele. I agree. Commissioner Regalado: Five, not six. Commissioner Teele: Well, five o'clock you've got traffic. At least -- whatever you say. Commissioner Winton: Actually, it's easier to get into the Grove, Commissioner Teele, at five than it is at six. Commissioner Teele: I would move that the Commission have a special meeting at City Hall, at five o'clock, on Monday, May -- April 301h -- Vice Chairman Gort: That meeting will be... Commissioner Teele: -- to discuss legislative issues, specifically related to the Marlins, the surtax, the parking surcharge, and any other matters that relate to the Florida legislature. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Any further discussion? Being none, all in favor state by saying "aye." 359 April 26, 2001 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-402 A MOTION SCHEDULING A SPECIAL CITY COMMISSION MEETING ON MONDAY, APRIL 30, 2001, BEGINNING 5 P.M., FOR THE PURPOSE OF CONSIDERING LEGISLATIVE ISSUES SPECIFICALLY RELATED TO THE MARLINS STADIUM, PARKING SURCHARGE, AND RELATED LEGISLATIVE MATTERS. [Note for the Record: Per memoranda received from three members of the Commission, namely, Vice Chairman Gort, Commissioner Regalado and Commissioner Winton on Monday, April 30, 2001, said meeting was cancelled.] Upon being seconded by Commissioner Winton, the motion 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 Vice Chairman Gort: Do I have a motion to adjourn? Commissioner Teele: So moved. Commissioner Sanchez: Second. 360 April 26, 2001 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-403 A MOTION TO ADJOURN TODAY'S MEETING. 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 Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort NAYS: None ABSENT: None Vice Chairman Gort: Thank you, guys. Bye. 361 April 26, 2001 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 10:11 PM. ATTEST: Walter Foeman CITY CLERK Sylvia Lowman ASSISTANT CITY CLERK JOE CAROLLO MAYOR (SEAL) 00 _. , �, 3seonr sa�yta 362 April 26, 2001