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HomeMy WebLinkAboutCC 2001-10-25 Minutes0 CITY OF MIAMI CITY COMMISSION MEETING MINUTES OF MEETING HELD ON OCTOBER 25, 2001 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Faeman/City Clerk . II M G- 0 HIP 01 HATE, .1E /E F 1 CITY COMMISSION MEETING MINUTES OF MEETING HELD ON OCTOBER 25, 2001 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Faeman/City Clerk • 9 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 25"' day of October 2001, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan. American Drive, Miami, Florida in regular session. The meeting was called to order at 9:08 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 Cleric Sylvia Scheider, Assistant City Clerk October 25, 2001 Chairman Teele: Come on. Walter J. Foeman (City Clerk): Vice Chair Winton? Vice Chairman Winton: Yes. Mr. Foeman: Chairman Teele? Chairman Teele: Present. Call everybody's name. Mr. Focman: OK. Board Member Regalado? Board Member Sanchez? Chairman Teele: He said, "yes." Mr. Foeman: OK. Chairman Teele: All right, We have a quorum. (At this time, the Community Redevelopment Agency convened in special session at 9:19 a.m., with all members of the Board found to be present, except Vice Chairman Gort and Commissioner Sanchez) :F JRECT EX 1 �?1VE DIRE, T'pVpOF"C 1!IUNTTY;'� Ia ELOPIV E ACrENCX (LRA)'FC} OUTH>aAi ()?ETC?WNiP�.I�,B D1S11(T T�0 PRQPSI� COUNEECS1aTT1 EMNT'rQ LD�"l 3'I3lAND RED Ca1iUt[ OlT GSQV'IMNT ?RQRAT11DE CI1ND S©jIFSTF ' ?VtT W,N/l' WAST(ivlM[JN TY3 R>EVEL'1ViN AGE1C U fC VIL�fGL�E Chairman Teele: Mr. Attorney, would you please read into the record that the CRA (Community Redevelopment Agency) has called a special meeting, to convene at 8:55, under the parameters of the appropriate Florida Statute? The persons at the meeting will be all of the CRA Board Members, as well as any other staff, as directed, including the City Manager. The purpose of the meeting is to discuss matters relating to Attorney/Client privileges under the law, relating to Sawyer's Walk and Lyric Village. At this time, Mr. Attorney, would you read any additional information into the record? Alejandro Vilarello (City Attorney): Yes. This is an executive session, pursuant to Florida Statute 286.011, Subsection 8, regarding two cases involving the Southeast Overtown/Park West Community Redevelopment Agency versus Sawyer's Walk, and Southeast Overtown/Park West Community Redevelopment Agency versus Lyric Village, here in Dade County -- both cases filed here in Dade County, Florida, in which the CRA is presently a party, The closed -door session will begin at approximately 9:22 a.m., and conclude approximately a half an hour later. The session will be attended by members of the CRA Board: Wifredo Gort, Joe Sanchez, Tomas Regalado, Arthur Teele, Johnny Winton, the CRA Executive Director, Annette Lewis; myself, 2 October 25, 2001 the City Attorney, Alex Vilarello, Assistant City Attorney, Ilene Temehin, and attorneys William Bloom and Susan Aprill, Special Counsel to the CRA. A certified court reporter will be present to ensure that the session is fully transcribed, and said transcription will be made public upon the conclusion of the above-cited ongoing litigation. Please be further advised that, at the conclusion of the Attorney/Client session, the CRA will reopen the meeting, and the Chairman will announce the termination of the Attorney/Client session. Chairman Teele: Mr. Attorney, would you also extend to the City Manager the notice of the meeting -- the attendees to the meeting? Mr. Vilarello: To attend the meeting? No, he cannot attend the meeting. Chairman Teele: OK. Mr. Vilarello: But I will give him a copy of the notice. Chairman Teele: All right. This session is adjourned to -- Mr. Vilarello: Reconvene. Chairman Teele": -- reconvene to Commissioner Gort's conference room. THEREUPON, THE MEETING OF THE CRA RECESS INTO EXECUTIVE SESSION AT 9:22 AM AND RECONVENED ITS REGULAR BOARD MEETING AT 10:15 AM, WITH ALL MEMBERS OF THE CRA BOARD FOUND TO BE PRESENT, EXCEPT BOARD MEMBER GORT AND BOARD MEMBER SANCHEZ, Chairman Teele: The Board meeting of the Southeast Overtown/Park West and Omni Redevelopment Districts is called to order. Mr. Vilarello: Mr. Chairman, at this time we want to close the executive session on both the CRA versus Sawyer's Walk and CRA versus Lyric Village. And we have an announcement to make, and a resolution for the CRA to adopt, with regard to the litigation involving the Lyric Village. Mr. Bloom. Chairman Teele: Mr. Bloom. William R. Bloom (Special Counsel/CRA): In connection with the pending litigation -- Chairman Teele: Mr. Bloom, just state your name and title for the record. Mr. Bloom: William R. Bloom of Holland & Knight, Special Counsel -- Chairman Teele: Ladies and gentlemen, could we get a little order, please, please, please? Thank you. Go right ahead. 3 October 25, 2001 Mr. Bloom: William R. Bloom, Special Counsel to the CRA, 701 Brickell Avenue. In connection with case number 00-30414 CA -13, styled City of Miami and Southeast Overtown/Park West Community Redevelopment Agency versos Lyric Village Housing, Inc., and St. John's Community Development Corporation, Inc., we would propose a settlement -- counter-settlement proposal be made by the CRA and the City to St. John's Community Development Corporation and Related Group of Florida, which provides as follows: The City of Miami and the CRA would be willing to settle the existing litigation -- [At this time, Board Members Gort and Sanchez entered the Commission Chambers at 10:17 a.m. ] Mr. Vilarello: This would be -- you need to speak into the microphone. And this would be a resolution of the CRA Board only. Mr. Bloom: This is a resolution of the CRA Board only, authorizing the CRA to make a settlement proposal to St. John's Community Development Corporation, and Related Properties of Florida; that the CRA will move forward with the transaction contemplated by the RFQ done by the CRA in 1996, provided that the entity that the CRA would be contracting with, St. Johns Community Development Corporation and the Related Group of Florida, would be the same legal entity that responded to the RFQ; that within 90 days from the execution of the settlement, the venture would obtain a term sheet from a lender, provide construction, financing, for the entire cost of the project, at a minimum amount of $4,100,000; that George Perez of the Related Group would commit, in writing, to satisfy any guarantee requirements of the lender, as reflected in the term sheet; that the joint venture would provide evidence to the CRA that it had equity available to satisfy the requirements of the lender, as reflected in the term sheet for the loan; that the joint venture, within 90 days of the CRA's approval of the term sheet, obtain a binding, a loan commitment for the construction of the project; that the closing would occur between the joint venture and the CRA within 30 days of the loan commitment being obtained; that the CRA and the joint venture would agree on performance requirements for the completion of the project, and that the joint venture would forfeit the land if it did not meet those performance requirements. The parties would exchange mutual releases with respect to the existing litigation; that the CRA would take no responsibility for platting the property. That would be the obligation of the developer, and the joint venture would have to satisfy itself that the home funds previously allocated to the project in the amount of $500,000 and the CDBG funds allocated to the project in the amount of $500,000 was still available for the project, or obtain alternate financing. The documentation in connection with the settlement would have to be in form and substance acceptable to the City Attorney and the CRA Board. That would be the proposed resolution. Chairman Teele: Is there a motion? Board Member Regalado: Move it. Chairman Teele: Second? Board Member Gort: Second. 4 October 25, 2001 Chairman Teele: It's been moved and seconded. Is there discussion? Mr. Vilarello: This is CRA. Mr. Bloom: This is CRA Board. Chairman Teele. This is CRA. Board Member Gort: The CRA. Mr. Vilarello: Resolution. Vice Chairman Winton: We're acting as the CRA. Board Member Gort: CRA. Mr. Vilarello: Only. Chairman Teele: We're acting as the CRA. And I'm going to ask the City Attorney, if you would prepare a pocket item, later on today, for the City Commission to consider this matter. Mr. Vilarello: Mr. Chairman, I've instructed staff to prepare a resolution for a future City Commission meeting -- Chairman Teele: Future meeting. Mr. Vilarello: -- so that we would have an opportunity to brief the Manager with regard to these issues, which we have not, at this point, been able to do. Chairman Teele: That's fine. All those in favor, signify by the sign of "aye." The Board Members (Collectively): Aye. Chairman Teele: Those opposed have the same right. 5 October 25, 2001 E The following motion was introduced by Board Member Tomas Regalado, who moved for its adoption: MOTION NO. SEOPW/CRA M-01-127 A MOTION AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR OF THE COMMUNITY REDEVELOPMENT AGENCY (HEREINAFTER REFERRED TO AS "CRA") FOR THE SOUTHEAST OVERTOWN/PARK WEST DISTRICT TO PROPOSE A COUNTER SETTLEMENT TO ST. JOHN'S COMMUNITY DEVELOPMENT CORPORATION AND RELATED GROUP OF FLORIDA OF EXISTING LITIGATION IN CONNECTION WITH CASE NUMBER 00-30414-CA13 CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. LYRIC VILLAGE HOUSING, INC. AND ST, JOHN'S, INC. WITH THE FOLLOWING STIPULATIONS: (1) THE CRA WILL PROCEED WITH TRANSACTION CONTEMPLATED BY THE REQUEST FOR QUALIFICATIONS (RFQ) ISSUED BY THE CRA IN CALENDAR YEAR 1996, PROVIDED THAT THE ENTITY THE CRA WILL BE CONTRACTING WITH, NAMELY, ST. JOHN'S COMMUNITY DEVELOPMENT CORPORATION AND RELATED GROUP OF FLORIDA, IS THE SAME LEGAL ENTITY THAT RESPONDED TO THE RFQ; (2) WITHIN 90 DAYS FROM THE EXECUTION DATE OF THE SETTLEMENT, THE VENTURE WOULD OBTAIN A TERM SHEET FROM THE LENDER OF CONSTRUCTION, FINANCING FOR THE ENTIRE COST OF THE PROJECT, AT A MINIMUM AMOUNT OF $1,400,000; (3) GEORGE PEREZ OF THE RELATED GROUP MUST COMMIT IN WRITING TO SATISFY ANY GUARANTEE REQUIREMENTS OF THE LENDER AS MORE PARTICULARLY DEFINED IN THE TERM SHEET; (4) THE AFOREMENTIONED JOINT VENTURE MUST PROVIDE EVIDENCE TO THE CRA THAT IT HAS EQUITY AVAILABLE TO SATISFY THE REQUIREMENTS OF THE LENDER AS REFLECTED IN THE TERM SHEET FOR THE LOAN; (5) SAID JOINT VENTURE WOULD, WITHIN 90 DAYS OF THE CRA'S APPROVAL OF THE TERM SHEET, OBTAIN A BINDING LOAN COMMITMENT FOR THE CONSTRUCTION OF THE PROJECT; (6) THE CLOSING WILL OCCUR BETWEEN THE JOINT VENTURE AND THE CRA WITHIN 30 DAYS OF THE LOAN COMMITMENT BEING OBTAINED; (7) THE CRA AND THE JOINT VENTURE WILL AGREE ON PERFORMANCE REQUIREMENTS FOR THE COMPLETION OF THE PROJECT; (8) THE JOINT VENTURE WILL FORFEIT THE LAND IF IT DOES NOT MEET THOSE PERFORMANCE REQUIREMENTS; (9) THE PARTIES WOULD EXCHANGE MUTUAL RELEASES OF EXISTING LITIGATION; (10) THE CRA WILL TAKE NO RESPONSIBILITY FOR PLATTING THE PROPERTY, THAT WILL BE THE OBLIGATION OF THE DEVELOPER; (11) THE JOINT VENTURE WILL SATISFY ITSELF THAT THE $500,000 FROM HOME FUNDS AND THE $500,000 FROM CDBG FUNDS PREVIOUSLY ALLOCATED TO THE PROJECT ARE STILL 6 October 25, 2001 0 • AVAILABLE FOR THE PROJECT, OR OBTAIN ALTERNATE FINANCING; (12) DOCUMENTATION IN CONNECTION WITH THE PROPOSED SETTLEMENT IS TO BE IN A FORM AND SUBSTANCE ACCEPTABLE TO THE CITY ATTORNEY AND THE CRA BOARD. Upon being seconded by Board Member Wifredo Gort, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Board Member Wifredo Gort Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny Winton NAYS: None ABSENT: None Chairman Teele: All right. Mr. Bloom: Thank you. Chairman Teele: Is there any other matter to come before the Board? Mr. Vilarello: No, sir. Chairman Teele: The meeting of Monday, October 29th, has been postponed? And then postpone -- Vice Chairman Winton: What, the CRA? Chairman Teele: CRA meeting, right. Vice Chairman Winton: Is that this coming Monday? Chairman Teele: Yes. Mr. Bloom: And the next meeting is November I9tn Chairman Teele: Out of deference 1:o activities that are going on in the community. All right. Further discussion? All those -- motion to adjourn. Vice Chairman Winton: So moved. Board Member Sanchez: Second. 7 October 25, 2001 Board Member Gort: Moved. Second. Chairman Toole: All in favor? The Board Members (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. SEOPW/CRA-01-128 A MOTION TO ADJOURN TODAY'S MEETING OF THE COMMUNITY REDEVELOPMENT AGEN21Y FOR THE SOUTHEAST OVERTOWNIPARK WEST DISTRICT. Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Toole, Jr. Board Member Wifredo Gort Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny Winton NAYS: None ABSENT: None Chairman Teele: The meeting is adjourned. 8 October 25, 2001 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COMMUNITY REDEVELOPMENT AGENCY, THE MEETING WAS ADJOURNED AT 10:20 A.M. ATTEST: Walter J. Foeman CITY CLERK Sylvia S. Scheider ASSISTANT CITY CLERK (SEAL) JOE CAROLLO MAYOR 9 October 25, 2001 Note for the Record: At this time, the City Commission reconvened at 10:21 a.m., with all members of the City Commission found to be present. An invocation was delivered by Reverend Dunn, followed by Commissioner Winton leading those present in a pledge of allegiance to the flag. Vice Chairman Gort: At this time, 1'd like to say there are no vetoes from the Mayor's Office. And we have a few presentations. We have a few presentations from the Mayor's Office. Are we ready? Note for the record: The above referred to Presentations and Proclamations are on record, via cassette tape, in the Office of the City Clerk. 10 October 25, 2001 ' l S09 M1 ATI EEN VQGEI , �OE11%IM SSION�EP ,A 1 I f ,,€CROS Y, �5� ` XECL TIVE IRS G'POR O 3' ° LORIDA �NLAN NA AT1 ° N l ENµ[T'„ N��T�/jR M (]U F�IVI € t =T0 j� 1A3 `Q0G FQ ,SVA S j► TiSL (t B ? P I l.Y1P O Y lrME i� 1 J.�.Q� ,:P"C f } Iii - Vice Chairman Gort. Ladies and gentlemen, at this time, I would like to call Catherine -- Commissioner Winton: Vogel. Vice Chairman Gort: -- Vogel, with the FIND (Florida In -land Navigational District) Commission, and Mr. Mark Crosley, the Executive Director. Catherine Vogel: Good morning, Mr. Chairman. Vice Chairman Gort: No, no, no. If you're going to give us a check, you come up here. Ms. Vogel: Yes, I am. Oh, OK. Vice Chairman Gort: Both of you. And if you come up here, we'll accept it here. Ms. Vogel: Can I say a little bit about the check, first? Commissioner Winton: Yes. You can say it from up here. Ms. Vogel: Yes. As he said, good morning -- Vice Chairman Gort: You can say it from up here. Commissioner Winton: Come say it from up here. Vice Chairman Gort: Come on, you can say it from up here. Commissioner Winton: This way. You get center stage here. How are you? Ms. Vogel: Good. Well, thank you, Mr. Chair and Commissioners. It's a pleasure for me to be here. As I was introduced, my name is Cathy Vogel, and I am the Miami -Dade County Commissioner to the Florida In -land Navigation District. And I'm here this morning; on a very happy task, and that is to present the City of Miami with a bunch of money. (APPLAUSE) Ms. Vogel: But before I get to that, I just would like to say a few words for the benefit of those of you in the audience who may not know what the Navigation District is about us and what we do. We are a sub agency of the State of Florida, and we are comprised of the I 1 Atlantic Coast Counties of the State. So, we stretch all the way from Duval, Jacksonville up north, down to Miami -Dade County here in the south, and I represent your County on that board. Our primary 11 October 25, 2001 mission is to serve as a local sponsor to the Army Corp of Engineers, to make sure that navigability on the intercoastal waterway is maintained along that whole coastline. So, for the most part, what we do is dredge shoals out of the waterway and find places to dispose of that material, and manage it properly. But as the legislature is prone to do over the years, they've given us more responsibilities, and one of those is a very happy one. And that is that during the mid 80's, they authorized us to work on local projects with local governments, such as the City of Miami, Miami -Dade County, and other communities here, on projects that would enhance the waterway or improve the community's access to the waterway and appreciation of it. And that is what brings me here this morning. Because I have a check in the amount of one hundred and forty-two thousand dollars ($142,000) to give to the City. I thought I was going to have a big fake check. Instead, I got the real thing. Vice Chairman Gort: You got the real thing. That's a lot better than a fake one. Ms. Vogel: So, that's better. Vice Chairman Gort: This one we can cash right now. Ms. Vogel: That's right. But this represents our contribution to the restoration of the boat ramps on Watson Island, which, of course, is something I know everyone, particularly the boaters, enjoy, and that is the first stage of work that we will be cooperating with you on, because we look forward to some of the other improvements on the island. I must say it's been a real pleasure to work with your staff in the Real Estate and Economic Development Department, Arleen Weintraub and Enriquez Nunez, who are here today. They are great folks. Unidentified Speaker: Great job. Ms Vogel: They're really super civil servants. Unidentified Speaker: Great staff Ms. Vogel: And very professional. So now that I've made my pitch, I'll turn over the check to whomever I'm supposed to. Vice Chairman Gort: OK. We'll have our pictures taken. 12 October 25, 2001 a c..� t€tt'�i Vice Chairman Gort: OK. We need to go to the business of the City right now. Does any one Commissioner like to pull any items or question any items on the Consent Agenda? Chairman Teele: Moved the Consent Agenda, Mr. Chairman. Commissioner Winton: Second. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Is there anyone in the public would like to address any of the items in the Consent Agenda? Show none. All in favor state it by saying "aye." The Commissioners (Collectively): Aye. Note for the Record: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. THEREUPON MOTION DULY MADE BY COMMISSIONER TEELE AND SECONDED BY COMMISSIONER WINTON, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 13 October 25, 2001 SEPT BII7 OF VRU7' f€` STJA € TQ' GNuI A _TIQRE RIDS 1 A VE QRS, Q�€00 41'€5,€`aR PR0° U�Ei€ C �CATI1�LQ'T ANS' $UPPES €€ € € €€ € ¢ p¢ FO DPAtENT 0 FAR€ AN : REC IC1,,,105,00 , €€ATQ," AT €'UD RQVI�'AK„AICDCRA[OI RESOLUTION NO. 0 14 114 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE BIDS OF VARIOUS VENDORS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS PURSUANT TO INVITATION FOR BIDS NO. 00-01-165, DATED JUNE 27, 2001, AS MORE PARTICULARLY SET OUT IN THE ATTACHMENT, FOR THE PROCUREMENT OF RECREATIONAL EQUIPMENT AND SUPPLIES FOR THE DEPARTMENT OF PARKS AND RECREATION, ON A CONTRACT BASIS FOR ONE YEAR WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $105,000; ALLOCATING FUNDS FROM THE PARKS AND RECREATION OPERATING BUDGET, ACCOUNT CODE NOS. 001000-580302.6.717 AND 001000.550201.6.717 AND THE SPECIAL REVENUE FUND, ACCOUNT CODE NO, 116002.580211.6.717. RESOLUTION NO. 01-1 ].15 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INFRAGARD SECURE ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE FEDERAL BUREAU OF INVESTIGATION (FBI) FOR THE PURPOSE OF SECURING CRITICAL INFRASTRUCTURES OF THE UNITED STATES. 14 October 25, 2001 0 AUTIC?RIZE ANA Tei '` U'VIEN F�' g `' € 1` TQC PROFS IONA s SERvzs C1iAC:; V�TIP[E[21rrrUY,OU Q:€;x TEAM o. p Mm 'IL 3:, : o �, cTIQ F 8 �'n ABTA D€ TQ ST; IS ' °F V L 1 AT ,Q' G1Q I' N yZ�� OF �00„ R g WART, EN Q JASCkC„F rRAN w!a '�� , �� ? i l it (t € f(: 0 . € Cr SE�V�E.' RARTM N OF;P ICE [ REVOLUTION NO. 01-1116 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS (S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM WITH 21ST CONTRACT UNTIL JULY 31, 2002, FOR THE COLLECTION OF BASELINE DATA AND TO ESTABLISH AN EVALUATION COMPONENT OF THE SCHOOL-BASED PARTNERSHIPS GRANT II FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY POLICING SERVICES, FOR THE DEPARTMENT OF POLICE, PURSUANT TO RESOLUTION NO. 01-058, ADOPTED JANUARY 25, 2001. RESOLUTION NO. 0 1 -1117 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACTMENTS (S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH AT&T WIRELESS SERVICES OF FLORIDA, INC. FOR THE USE OF APPROXIMATELY 192 SQUARE FEET OF CERTAIN ENCLOSED AND ROOF SPACE WITHIN THE POLICE GARAGE LOCATED AT 400 NORTHWEST 21VD AVENUE, MIAMI, FLORIDA, FOR THE OPERATION AND MAINTENANCE OF AN UNSTAFFED MICROCELL WIRELESS TELECOMMUNICATIONS SITE ON A MONTH-TO-MONTH BASIS, PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 27, 2001, AT A MONTHLY FEE OF $1,500 PAYABLE TO THE CITY OF MIAMI, PLUS STATE USE TAX, IF APPLICABLE, AND SUBJECT TO ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 15 October 25, 2001 0 E ' 55 Ali-HORI-€E MALAC�-,�R``TO€ E��TE R O,C � `€LIGE [ RE MENT `W T1 T ATc':; WIRELESS SEI$IG'�S €, , € F�Ot� �DA�''"5� € S € [ TA{€€FEET $PA€GE,,€AT€; C4€'UL € €b €,4 QCT',ET € E F P Oft PQS $O E ,€'LOi-AT D A PS I OFt,WEST, ! STILE IQRa€RELQ TONT?3 �ISTA), € ATIQ PAPIQ� ANL�,,,INNANCE OF 8 €,I�- €E�_ } UNSTAFI] 1VTGO.CE WIR�LESS 'T Q ., .' €E. �`TIONS, RESOLUTION NO.01-1118 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS (S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH AT&T WIRELESS SERVICES OF FLORIDA, INC. FOR THE USE OF APPROXIMATELY 50 SQUARE FEET OF SPACE AT GROUND LEVEL AND 4 SQUARE FEET OF SPACE ON THE POSTS OF THE SCOREBOARD AT THE ORANGE 130WL STADIUM, LOCATED AT 1501 NORTHWEST 3RD STREET, MIAMI, FLORIDA, FOR RELOCATION, INSTALLATION, OPERATION AND MAINTENANCE OF AN UNSTAFFED MICROCELL WIRELESS TELECOMMUNICATIONS SITE ON A MONTH-TO-MONTH BASIS, PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 2001, AT A MONTHLY FEE OF $1,500 PAYABLE TO THE CITY OF MIAMI, PLUS STATE USE TAX, IF APPLICABLE, AND SUBJECT TO ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 16 October 25, 2001 0 E :6 AU`I'KQI�E IYIANA�R T(#EXECITE �,OCLE LEI�IS,,`AGiEMT� WT"' �Tc T ih:, +LE S'SER I �S``DF 'I;OR DA I;N,C 3'; 0 E€ E€ f I- QU�1� FE OF S�'ACEF�jOR ' , 0 `LEC�r €(I€ L{CE TE� A T ` F 25''` € EEI\ II OPE # TON { 3 tSEe, 6rF �� 3 w 'MA NI NAN F#� � T F D,[ AW %L4;WIRELESS T is I� TI(?N, }iqi E RESOLUTION NO. 01-1119 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH AT&T WIRELESS SERVICES OF FLORIDA, INC. FOR THE USE OF APPROXIMATELY 320 SQUARE FEET OF SPACE ON THE SIXTH FLOOR AND CERTAIN ROOF SPACE AT THE FIRE COLLEGE, LOCATED AT 3425 JEFFERSON STREET, MIAMI, FLORIDA, FOR THE OPERATION AND MAINTENANCE OF AN UNSTAFFED MICROCELL WIRELESS TELECOMMUNICATIONS SITE ON A MONTH-TO-MONTH BASIS, PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 2001, AT A MONTHLY FEE OF $1,500 PAYABLE TO THE CITY OF MIAMI, PLUS STATE USE TAX, IF APPLICABLE, AND SUBJECT TO ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT 17 October 25, 2001 s 0 IRE 'y,?SND `f`SCDI77 PE ITTQ = T�+AVTSQNO'' LA'-I,s,€pQ� 0 jb11ITI,. "E ?,TN€ �L ,IS CAIN;, CIT € A �`�D, €€r�HE#€,zga O�Ng;CIR; l 8 I ll B YNEN FOR': CAST Ri rtp IT€ ,'' ` H € r E?r€ AE BRXNEN VIONA ,�xQWvE G '; CRgc�rE;L, ,L OM , EF .IiS'TRAIG A' NT F RESOLUTION NO. 01-1120 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RUTH DIAZ AND OSCAR DIAZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $45,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND ED CROUGHWELL, VIONA BROWNE AND CHARLEY BRAYNEN, FOR THE CASE RUTH DIAZ AND OSCAR DIAZ VS. CITY OF MIAMI, CHARLEY BRAYNEN, VIONA BROWNE AND SGT. ED CROUGHWELL, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 99-14937 CA (21), 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 THEREFOR FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. CT,FRSG IA O=AEL1RIC Q'ESJLS F A IFY LECT OI ' Bt�LT�� PP1314aG H? RI .6"Row i I '€ i U� `I GRAHAIvI� €Q �'LERQY °LLOpYD, ����3'A .�� €, r ti �.4731 `lie RESOLUTION NO. 01-1121 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, ACCEPTING THE CITY CLERK'S CERTIFICATION AND DECLARATION OF RESULTS AND RATIFYING THE ELECTION OF CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD, FOR TERMS AS DESIGNATED HEREIN is October 25, 2001 0 'EcER C?NSIDERA'I4N OF PSN AON TiYX ,' FF' C I €CL RE GQN1NG DIAL LIP ` EY AI I�3SUSQI`)CN:r�IiiG )Z'� fill' .,,,. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Carlos Gimenez (City Manager): The Administration would like to defer till November meeting Items number 30 and 34. Vice Chairman Gort: Thirty and 34. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second, Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Chairman Teele, who moved for its adoption: MOTION NO. 01 1122 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEMS 30 (PRESENTATION BY THE OFFICE OF THE CITY CLERK CONCERNING THE DIGITAL LIBRARY) AND 34 (DISCUSSION CONCERNING STATUS REPORT ON BUS BENCHES) UNTIL THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR NOVEMBER 15, 2001. Upon being seconded by Commissioner Winton, 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. Commissioner Johnny L. Winton NAYS: None ABSENT: None 19 October 25, 2001 0 • '4 STAB IS? TIDE ",O� S 30 ° � Nin �(7� A)�WHO J�C�1�Nl�!��1�� �x ��I15 M�ET 5 `, :. t.. �,g ; �iil �i� . �. ��.r(.� , �l i.� ; A.,3 Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: Today -- I realize that there are a lot of obligations and community organizations that expect to hear, not only from you, but from the public -- from the Commissioners on a number of issues, and I would ask that the Commission adopt a motion that we will adjourn not later than 5:30 today. Commissioner Sanchez: Yes. Commissioner Teele: So moved. Commissioner Winton: Second. Commissioner Sanchez: Second. Vice Chairman Gort: We can do it, if we all -- OK. Moved and second. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-1123 A MOTION OF THE CITY COMMISSION ESTABLISHING THE TIME OF 5:30 P.M. ON THIS SAME DATE FOR ADJOURNMENT OF TODAY'S CITY COMMISSION MEETING. Upon being seconded by Commissioner Sanchez, 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. Commissioner Johnny L. Winton NAYS: None ABSENT: None 20 October 25, 2001 Commissioner Sanchez: Limit the discussion. Commissioner Teele: Limit the discussion, particularly starting on the District items. 21 October 25, 2001 7 (A)'CC)IMIS!0�1 T ; L� ;i�1NArER �51v EFF©TO. ED CA.TEf voTERSo�, o�GoI�o11D.�f ®N ; AULo'T FpR NO EMBE 51, Z 04 IE (} 11AIARfT,,.�� CIRC'TN 1 alis REGRDTNG MOI' OUN'TLVDI�COVERED I CITY=` [ E ; �),,, s(3, Commissioner Teele: Mr. Chairman, I would like to also commend the Manager. The bond issue is something that I think we really ought to give sufficient time to later on today. I don't know if you're going to have a presentation today on this, in detail -- Carlos Gimenez (City Manager): Yes, sir, we will. Commissioner Tecle: -- but I do think that -- this being our last meeting that we can really coordinate that, we ought to give it sufficient time. But things are moving great. Vice Chairman Gort: Definitely. I've also asked of the Manager -- because there's a lot of rumors and things that's going around, especially with the money supposed to have been found and so on. Commissioner Sanchez: Whoa! Vice Chairman Gort: And I'm going to ask the Manager to please explain that, so all the citizens can understand. And, at the same time, hope the reporters will be able to understand it. And I'm going to ask him to explain a couple of things, before we do that, of the bond also. We're now in -- anything else, Commissioner Teele? Commissioner Teele: No, sir. 22 October 25, 2001 0 0 Vice Chairman Gort: OK. We're in District 1, waive any -- District 2. Commissioner Winton: I've got a number of issues. One, I'd like to bring former State Senator Kenny Myers, up. We have a -- Chairman Teele: Boo. Commissioner Winton: -- a resolution here that we -- Vice Chairman Gort: Senator? Whoa! Commissioner Winton: Would you read this -- Alejandro Vilarello (City Attorney): I can, if you want me to. Commissioner Winton: OK. Mr. City Attorney, could you read the resolution that we have in front of us? Mr. Vilarello: This is not on the agenda. However, it's a resolution, with attachments -- Vice Chairman Gort: I like the tie. Mr. Vilarello: -- approving for the purpose of Section 147(f) of the Internal Revenue Code of 1986, as amended, a bond financing of the City of Miami, Florida, Health Facilities Authority on behalf of Mercy Hospital, Inc., in the principal amount not exceeding thirty-five million dollars ($35,000,000), for the construction of a new ambulatory care center, the construction of a new parking facility, and miscellaneous renovations, improvements and equipment acquisitions, all to be located on the existing Mercy Hospital main campus; and the funding of a debt service reserve fund and paying cost of issuance of the bonds; approving the minutes of the public hearing held by the authority, pursuant to said Section 147(f) of the Code; and providing for an effective date. In addition to just the resolution caption, I would like to remind the City Commission that these bonds shall not be a debt, liability or obligation of the Authority or of the City of Miami, or the State of Florida, or any other political subdivision, and shall be payable solely from the revenues derived from the operation of the hospital or from security provided by the hospital. Commissioner Winton: So moved. 23 October 25, 2001 0 0 Commissioner Teele: Second the motion. Vice Chairman Gort: Any further discussion? All in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1124 A RESOLUTION, WITH ATTACHMENTS, APPROVING FOR PURPOSES OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, A BOND FINANCING OF THE CITY OF MIAMI, FLORIDA, HEALTH FACILITIES AUTHORITY ON BEHALF OF MERCY HOSPITAL, INC., IN A PRINCIPAL AMOUNT NOT EXCEEDING $35,000,000 FOR THE CONSTRUCTION OF A NEW AMBULATORY CARE CENTER, THE CONSTRUCTION OF A NEW PARKING FACILITY AND MISCELLANEOUS RENOVATIONS, IMPROVEMENTS AND EQUIPMENT ACQUISITIONS, ALL TO BE LOCATED ON THE EXISTING MERCY HOSPITAL MAIN CAMPUS; AND THE FUNDING OF DEBT SERVICE RESERVE FUND AND PAYING COSTS OF ISSUANCE OF THE BONDS; APPROVING THE MINUTES OF THE PUBLIC HEARING HELD BY THE AUTHORITY PURSUANT TO SAID SECTION 147(#) OF THE CODE; AND PROVIDING AN EFFECTIVE DATE. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton NAYS: None ABSENT: None Commissioner Winton: Thank you. Vice Chairman Gort: Thank you, Senator. That was a great presentation. 24 October 25, 2001 SUPP0X2T 1$W0MT STON OF APPLT Q T ` E, OUOF'.AC 10'. 0 _1'� EPE'IVIN : Off" lEfUIN UBA N IL�BllTtPMtET , QK I) SNTION= POR€ .° O MT �MTID' OCKA� CUT MIA1VIT NO T€[� (3Pw `EAH, AND ET, PO�YEUERAL RENEW Commissioner Winton: And I -- Vice Chairman Gort: Item "B". Commissioner Winton: Right. I'd like to jump to `B." Mr. Bryan Finnie has a request before us. There's another resolution in my Section "E." And, Bryan, would you like to give your name and address, and briefly tell the Commission what this is. I think they'll be very excited about it. Bryan Finnie: Thank you, Commissioner. My name is Bryan Finnie. I'm the present CEO (Chief Executive Officer) to Miami -Dade Empowerment Trust. We're now located at 3050 Biscayne Boulevard, in Miami. I'm here today to request your support -- a letter of support in our application to nominate portions of your community, a Federal Renewal Community. A Federal Renewal Community is the Bush's Administration's program similar to the Empowerment Zone Program, but looks at stimulating private investment through the provision of tax credits. Congress has approved twenty-two billion dollars ($22,000,000,000) in tax credits for this program on a nationwide basis, and they will nominate up to 40 urban and rural renewal communities. It is our hope that our application, which includes Miami, Hialeah, North Miami, El Portal, and Opa-Locka, be designated as one of these areas. Primarily, in the City of Miami, we're looking at the design district. We're looking at Little Haiti. We're looking at areas that are approximately to the south. We have a border of 28th Street. To the west, we have a boarder of approx -- 17th Avenue, and to the north, that brings us up through 791h Street. And, of course, on the east, Biscayne Bay. It is an unusual configuration, but what I must clearly state to the Commission that we've had some major hurdles to jump. The first hurdle is that the designation of the Census Tracts for a renewal community was based on 1990 Census data, pursuant to the application process. So, many of the Census Tracts that would be eligible today, unfortunately, cannot be included. Secondly, and I guess most importantly, we had to nominate an area that was outside of the Empowerment Zone. For had we nominated Empowerment Zone areas, we would have lost our designation as an Empowerment Zone. But, yet and still, 60 percent of our nominated areas -- approximately 60 percent of our nominated areas in the City of Miami, our population cap, pursuant to the application, is 200,000 people. And we have received, across the board, support from all the communities that have been designated to participate in this application process. Vice Chairman Gort: Thank you, sir. Commissioner Winton: And, so move -- Commissioner Teele: Second. Vice Chairman Gort: It's been moved. Is there a second? 25 October 25, 2001 0 0 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 Winton, who moved for its adoption: RESOLUTION NO. 01-1125 RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE SUBMISSION OF AN APPLICATION AND A COURSE OF ACTION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR DESIGNATION OF PORTIONS OF MIAMI-DADE COUNTY, CITY OF MIAMI, CITY OF NORTH MIAMI, CITY OF OPA-LOCKA, CITY OF HIALEAH, AND THE VILLAGE OF EL PORTAL AS A FEDERAL RENEWAL COMMUNITY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gori Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None Commissioner Winton: Thank you, Mr. Finnie. Vice Chairman Gort: Thank you, sir. Appreciate it. Commissioner Teele: Mr. Finnie, before you leave, would you provide us with some status report regarding those projects over in the Omni? There was the Eugene Rodriguez, Big Time -- Mr. Finnie: Big Time Productions. Commissioner Teele: And I don't know if you've met with the people from Beber ,Silverstein, but we would encourage you to do that. But we're really concerned about that area between 395 and going upward, say around 2 i't, 22"d Street. On the west side of the boulevard, as you know, 26 October 25, 2001 0 it's very difficult to stimulate development, on the west side of the boulevard. I know that you've been in discussions with Mr. Rodriguez and others, Ms. -- what's -- Mr. Finnie: Beber Silverstein? Commissioner Winton: Beber Silverstein. Commissioner Teele: Beber, and the lady who chairs the Omni Advisory Board. Mr. Finnie: Oh, Elaine Klugar. Commissioner Teele: Ms. Klugar, who's a member of your board, I believe. Mr. Finnie: Absolutely. Commissioner Teele: But, please, pay close attention to that. Because the best way and the fastest way to really get development further west is, you've got to start at Biscayne Boulevard, to some extent. And I'm mindful of some of the things you're doing in Ovcrtown, which we appreciate. But what we want to do is roil that entire redevelopment effort, as much as we can. So, I'm really concerned about the false starts that we appear to be having in the Omni area, with a lot of things happening two years ago, eighteen months ago, and then it seems to be cooling off. If you'd just look at it, we can visit later on on it. Mr. Finnie: Yes, sir. Commissioner Teele: Thank you. Good to see you. Vice Chairman Gort: Thank you. Mr. Finnie: Thank you very much. Commissioner Winton: Thank you, Bryan. 27 October 25, 2001 10 SECOND READ C € QpIANC AME "SEG € TQ 5?�;TX OI ENfitTL D E AN SII $' A =, p "SuBVIVISION= ADoTl�1IT1? QPER€ TY " 01�L7NR E ` F M € T QF i!,SETKI, oNt, 01, VAN NY: ; 3 3 t Commissioner Winton: Second item is "A." This is a -- the second reading which is an ordinance of the City of Miami -- Alejandro Vilarello (City Attorney): And a public hearing. Commissioner Winton: -- and a public hearing. Anyone from the public wanted to speak on Winton's "AT' Being none, we close the public hearing Commissioner Teele: Read the ordinance. Vice Chairman Gort: Are we back on "B" or "A"? Mr. Vilarello: Motion and a second. Vice Chairman Gort: We're on "A." OK. Mr, Vilarello: Motion and second. Commissioner Winton: Yeah. Move the motion. Commissioner Teele: Second. Vice Chairman Gort: Read it. Commissioner Teele: Call the roll. Vice Chairman Gort: Any discussion? Wait a minute. It's a public hearing. Is anyone in the public would like to address? Roll call. 28 October 25, 2001 0 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 54 AND 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" AND "SUBDIVISION REGULATIONS", RESPECTIVELY, TO REMOVE THE REQUIREMENT OF SEEKING THE CONSENT OF ADJOINING PROPERTY OWNER (S) FOR THE VACATION AND CLOSURE OF ANY RIGHT-OF- WAY AND/OR PLATTED EASEMENTS AND RE -PLATTING IN CONNECTION THEREWITH, PROVIDED THAT THE SUBDIVIDER RECORD SUITABLE ACCESS EASEMENT (S) AND PROVIDED, FURTHER, THAT NOTICE AND PUBLIC HEARING BE AT THE SOLE COST AND EXPENSE OF THE SUBDIVIDER; MORE PARTICULARLY BY AMENDING SECTIONS 54-4 AND 55-15 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of October 11, 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: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton NAYS: None ABSENT: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12140 The ordinance was read by title into the public record by the City Attorney. 29 October 25, 2001 111�CT M=ANA T `CR1AT11�CS OSABZISW; PiJBLI . T OROUG F S„ ENTIT I D ',' 'Pl l✓TS'' ; T 3 C Vl lal ` 1N Vice Chairman Gort: Item `B." Commissioner Winton: "B" deferred, "C," Clark Turner, want to give us a quick update on this issue -- explanation, just so the Commission knows what we're doing here. Clark Turner: Clark Turner, Community Planning. Over the past several years, there has been reports from all of our neighborhoods in the City that continuing intrusion of traffic through the neighborhoods and our major thoroughfares has disrupted the -- Vice Chairman Gort: Clark, bring the mike up, please. Thank you, Go ahead. Mr. Turner: -- OK. Has disrupted the lives of the neighborhoods and made it difficult for businesses that serve the neighborhoods to operate. At the request of Commissioner Winton, we've prepared a resolution that would designate a new category of streets in the City called Urban Streets, whose characteristics would be designed to reduce the speed of traffic, improve landscaping and signage, make the streets better suited to serving the neighborhoods and businesses along their lengths. Would and will only secondarily be designed to carry traffic to and from places outside the City. This is in direct contradiction to the trend of the last 40 years, as it's intended to return the streets to the City. The resolution proposes to designate Biscayne Boulevard as the first of those streets, and it directs the City Manager to prepare a proposed amendment to the Miami Comprehensive Neighborhood Plan that would include other designations and provide more specifications for those streets. Commissioner Winton: And I would like add that this designation and request, it really has come out of a series of meetings that we've had with Florida Department of Transportation, and Jose Abrieu, and his staff, where we're trying to -- there's a major redevelopment of Biscayne Boulevard that is scheduled, that's kind of an imminent scheduling. Their first round was really not a plan that the neighborhood, nor our staff, liked. So, we've spent a lot of time, kind of re- engineering the original plan for the redo of Biscayne Boulevard, and it's going to require a few initiatives like this to allow FDOT (Florida Department of Transportation) to do the plan that we need done on Biscayne Boulevard. So, that said, I move this resolution. Commissioner Teele: Second the motion. Vice Chairman Gort: It's been moved and second. Any further discussion? Maria Chiaro (Assistant City Attorney): And the resolution that you'll consider is the one that was passed out this morning. There's a slight change in verbiage, different than the one -- Vice Chairman Gort: You know, I don't know if it's me, but I don't think your mic is working or -- 30 October 25, 2001 • 0 Commissioner Winton: No, they're not working, on that one. No. Vice Chairman Gort: They're not working. Go ahead. What was that again? Commissioner Winton: They're working, but just not well. Ms. Chiaro: The resolution that you'll consider has a slight change in some of the "whereas" clauses that was passed out this morning to you. Vice Chairman Gort: OK. Commissioner Teele: This is coming back in January? Mr. Turner: As a proposed amendment to the Comprehensive Plan, which will require -- Commissioner Teele: In January? Mr. Turner: -- a review time and two readings. Commissioner Teele: All right. Vice Chairman Gort: OK. All in favor state it by saying "aye." The Commission (Collectively): Aye. Vice Chairman Gort: Thank you. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1126 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CREATE A PROCESS TO ESTABLISH A NEW CATEGORY OF PUBLIC THOROUGHFARES ENTITLED "URBAN STREETS", TO BE INCLUDED IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, DEFINING THE URBAN STREET AS A PREDESTRIAN AND VEHICULAR WAY WHOSE PRIMARY FUNCTION IS TO SERVE ADJOINING RESIDENTIAL NEIGHBORHOODS AND THE BUSINESSES THAT SERVE THEM IN THE CITY OF MIAMI IN ACCORDANCE WITH DIRECTIONS SET FORTH BELOW; AND FURTHER DIRECTING THE CITY MANAGER TO BRING THE PLAN BEFORE THE COMMISSION AT ITS JANUARY 10, 2002 MEETING FOR CONSIDERATION. 31 October 25, 2001 L_J 0 Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 32 October 25, 2001. • 0 Vice Chairman Gort: That's it? Commissioner Winton: No. Anna? Where did she go? We're on another resolution here, and Anna wants to give us some quick background, as well. Anna Gelabert: Anna Gelabert, Planning and Zoning. The resolution is an amendment to the resolution that you passed several months ago, regarding the Finger Company Project. There was one condition that was placed at that time, height restriction of 80 feet for the project. The applicant has worked with the Planning and Zoning Department regarding the project, and we agreed that the 80 feet really was not necessary; that they could go higher because of the way that they developed the property. They have done something that really works well with the neighborhood. So, we agreed to amend the resolution and not require that the Developer was held to the 80 feet height restriction. You'll remember, there was a project on -- the Finger Company Project that is (UNINTELLIGIBLE). Commissioner Winton: Move the resolution. Commissioner Teele: Second Commissioner Sanchez: Second. Vice Chairman Gort: It's being moved and second. Any further discussion? Alejandro Vilarello (City Attorney): Just to bring to the Commission's attention that the resolution contains a provision that, in the event that the development does not commence within two years, that the property will revert to the City. Vice Chairman Gort: Right. OK. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 33 October 25, 2001 0 0 The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1127 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 00-843, WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE A DEED CONTAINING RESTRICTIONS, CONDITIONS, AND A REVERTER CONVEYING THE LAND KNOWN AS NE 20TH STREET FROM MARGARET PACE PARK TO BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO THE CITY OF MIAMI OMNI COMMUNITY REDEVELOPMENT AGENCY FOR PURPOSES OF INDUCING ECONOMIC DEVELOPMENT IN THE OMNI REDEVELOPMENT AREA, TO REQUIRE THAT (A) THE PROJECT BE DEVELOPED IN ACCORDANCE WITH PLANS ON FILE, REVIEWED AND APPROVED BY THE DEPARTMENT OF PLANNING AND ZONING, (B) THE 80 FEET HEIGHT LIMITATION BE REMOVED, AND (C) THE AUTOMATIC REVERTER PROVISION BE EXTENDED TO TWO YEARS FOLLOWING THE ADOPTION OF THIS RESOLUTION. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton NAYS: None ABSENT: None 34 October 25, 2001 Commissioner Winton: One last issue, and that is a discussion item only, and that's about the Performing Arts Center and the impact fees. And, Commissioner Teele, I understand that you have some concerns about this. Since we can't talk about it in any other venue, I wanted to have a brief dialogue about this issue, so that we can figure out what our game plan is as we move forward. We all know that the Performance Arts Center is ready to break ground. They're ready to commence construction. One of the key elements that remains is, they've asked us to waive the impact fees on that facility. And as soon as that's done, they can pull the permit and begin construction. And I don't want to speak for Commissioner Teele, but I think that he has a legitimate concern, that we have a huge number of outstanding issues with the County, and you try to get leverage everywhere you can to try to resolve as many as these issues as you can, and I understand that completely. However, with this particular issue, I'm not convinced that it's in our best interest to use this as a point of leverage, because the Performance Arts Center is in our City in its entirety. It is a major, almost a three hundred million dollar ($300,000,000) project. It's a construction project that could begin, literally, within weeks, that would bring new jobs into our community. It will create jobs. It will create spin-off effects, just spending the money in there. And maybe, as importantly, it really is the catalyst that's going to make the CRA (Community Redevelopment Agency) very, very, very successful. And so, while I am hugely sympathetic to the idea that Commissioner Teele, I'm just not sure -- and I want to talk it, because I'm not making any decision here. I just wanted to talk about whether or not, faced of all that, that we thought -- and, Commissioner Teele, I'm really interested in your opinion here, whether or not we really think that this is the appropriate vehicle to wring some appropriate concessions out of the County. Commissioner Teele: Commissioner, let me say, I really appreciate the gentlemanly way that you're handling this issue, given the fact that we can't discuss these things outside of the sunshine. So, I mean, I guess you heard what I said to one of the Manager's staff and directly to him, and we're cognizant that the issue may come up today. First and foremost, there is no one in this City, in public office, who has done more -- Commissioner Winton: Right. Commissioner Teele: -- to bring about the -- Commissioner Winton: Right. Commissioner Teele: -- Performance Arts Center than I. Commissioner Winton: No question. Commissioner Teele: I, you know, literally rolled over my colleagues in the County Commission to get unanimity, and we even deferred the matter at one point, at the request of Senator Soto and Commissioner Mijon. And, literally, the only time, as Chairman of the County 35 October 25, 2001 Commission, did I ever use to (UNINTELLIGIBLE) a pulpit was over the Performance Arts Center. Commissioner Winton: And I would really like to apologize to you, because I should have said that. I should have said what you just said because that's absolutely 100 percent correct. Commissioner Teele: And, so, it's not at all one that I am concerned about, that I'm using this to get leverage, at all. I think it is a horrible public policy matter for the City to start waiving impact fees, for whatever reason. If you're not going to waive impact fees for parks, if you're not going to waive it for schools, then why would you waive it for anything else? I think the City simply has got to figure out a more creative way to provide support. Secondly, and with all due respect to the groundbreaking, et cetera, we're talking about a hundred and fifty million dollar ($150,000,000) project. The seventy-five -- seven hundred and fifty thousand dollars ($750,000) is not a deal breaker for this project. This is not going to hold up the construction. I mean, they'll say it, but it really isn't. You know, a 90 -day delay will cost them almost seven hundred and fifty thousand dollars ($750,000). So, it's a question of, do they use their money and pay for it and work with us in the interim, or do we just basically offer it? I have no objections to providing, as we did in the NAP (Network Area Point), for some reimbursements and considerations. I have a terrible policy concern about waiving impact fees. I think you put the entire impact fee legislation in jeopardy by equal protection kinds of issues and arguments. And I think it's something that, unless there is a very unique circumstance, other than it's a great thing for the community, a great thing for development, there is no question that the construction of the Performance Arts Center will do more for the CRA redevelopment efforts than any 10 things that we're going to do. So, it's really not a question ---is it worth it or whatever. I think we need to be very careful about the policy that we're setting. And just as we've done creatively in the case of the NAP, in the case of even the Freedom Tower, there are ways to address that that are a little bit more creative than just doing a waiver, and opening the door now to everybody coming in for a waiver, based upon a unique circumstance. And, then, let me just say one other thing. And this is going to sound maybe not like good government, but it needs to be put on the table. The City of Miami has been an absolute sucker for everything that has been big, that has come down the pipe, whether it be in the American Airline Area, whether it be going back to the Seaport deal, or Water and Sewer deal. And I just don't think we should -- I don't think it should be done in the Commission dais. But I think the Manager should be instructed to negotiate some activities and things of value, if we're going to give them a seven hundred and fifty thousand dollar ($750,000) credit. I think -- and that's not about leverage. I just think that there are going to be a number of -- let's recognize that the City of Miami is a little bit different from Pine Crest and Aventura and Key Biscayne. We have special needs in our community, and we ought to be trying to negotiate something of value for the citizens of the community, not on a dollar -for -dollar basis, but at least a free day. You know, something for the children that live in the City of Miami, the school system that are in the City. We ought to look at something of value as a justification to providing that. I will join you, Commissioner Winton, in providing them with relief for the impact fees, and credits, and offsets and reimbursements. But I think a waiver is just a little bit of a policy that I don't know what the unintended consequences. I could be convinced to vote for a waiver, as long as you convince me, and the lawyers, and the Manger that we've looked at all other options, other than a direct wavier. And that is my objections. 36 October 25, 2001 Commissioner Winton: There may be another — and, by the way, you know, I started this off by saying: "I shouldn't put words in Commissioner Teele's mouth," and now I see clearly that I should not have, because I had the wrong thing identified there, and my apologies for that. And I, frankly, can't strongly disagree with you about the law of unintended consequences, because I certainly haven't thought this through well, in terms of what the impact on future waivers could be and what kind of trigger this creates. And, so, maybe what we could do here is simply to instruct the Manager, by resolution today, to find a mechanism to provide up to seven hundred and fifty thousand dollars ($750,000) in real credit to the Performance Arts Center Construction Project, that won't be a waiver of the impact fees, unless the Manager can't find any other suitable alternative, at which time he will have to come back for us. But I think the message we have to send to the Performance Arts Center is that we're going to be there with some form of credit that create — fills this gap of two hundred and fifty thousand dollars ($250,000). And that's -- Commissioner Teele: And attempt to negotiate some benefits -- Commissioner Winton: Right. Now -- Commissioner TeeIe: -- on behalf of the City and its residents. Commissioner Winton: And if you don't mind, I'd like to speak to that a moment, because I have a letter here. I think it's to the City Manager, I think from Park Thompson or it's one from me. I don't — I'm not fast enough to read through these real quickly, But it's talks about some benefits for the City, and it really talks about, you know, things like seating for elected officials. And I don't — you know, I don't -- that makes me -- that's not the kind of benefit I think we're looking for. Commissioner Teele: That's not, at all, the kind of -- Commissioner Winton: I can buy my own ticket. Commissioner Teele: That's not, at all, the kind of benefit I'm looking for. Commissioner Winton: Yeah, right. Commissioner Teele: But let me say this. I think the City of Miami -- because if you say they should have a certain amount of seating -- because we have guests that come to this City, and the worst thing in the world is to have a -- everybody's talking about Juliano now -- but they have a Juliano come visit, or the Mayor of Managua, or the Mayor of Port de Prince to come and then you're out here reduced to scalping for tickets for various things. So, I think there is a clear nexus. When I would go to Jacksonville, I sit in the box with the Mayor of Jacksonville, and he's got an entire box for guests. You don't even get to sit with him. You know, it's a guest box for the City, of dignitaries, et cetera. It's nothing, at all, wrong with continuing to enhance the image and the reputation, and the benefit for this City. I'm not looking for something for me. I don't even use, you know, the opportunities that many of us have sometimes for this. But I think it's very important that it be available for the City, not for elected officials. And we -- for 37 October 25, 2001 example, we have a Performing Arts -- we have an Arts Council that Commissioner Regalado set up. I mean, you know, they should have a special nexus in that. One of the problems we have is, we don't have another place to have City Commission meetings, other than here. I mean, it could very well be that there is a sort of Upper Eastside or downtown community component that is put together that's able to accommo — that you're going to have all that there. I mean, clearly, the place to do that is going to be with the Museum of Natural Science, which is setting themselves up far international conferences and that kind of thing. But what I'm saying is, there's any number of benefits that could be discussed and negotiated. If you don't have leverage, nobody's going to sit down and talk to you. That's the kind of leverage I'm talking about. Commissioner Winton: Oh. And I move the motion that I made, with Commissioner Teele's amendment. Commissioner Teele: Second the motion. Vice Chairman Gort: It's a motion and there's a second. Alejandro Vilarello (City Attorney): Mr. Chairman. Commissioner Teele: And I think he ought to be instructed to come back within 90 days to -- Mr. Vilarello: Mr. Chairman, just if I can. Let me just quickly explain the operation of the ordinance, because I think -- it does not impact this policy discussion that you had, but there's no need for a motion of the City Commission. The impact fee ordinance provides for an exemption under certain circumstances, and we had been discussing with the Manager whether or not these circumstances exist in this case. And that the Manager has taken under advisement and is considering, and was concerned about the Commission's policy issues. And I think that -- unless he's got any further questions, I think that those policies discussions were important. Commissioner Teele: But I think the motion is helpful, because I think it instructs him to find other mechanisms. It could very well be a series of things. And we may decide we want to take a long-term contract to maintain the grasp of the open space. Commissioner Winton: And the resolution is important because it -- I think it — Commissioner Teele: Time. Commissioner Winton: It's something that the Performance Arts Center Trust can look at. That isn't just a — Mr. Vilarello: I just wanted to make sure that the record was clear, that this is not a waiver situation, but an exemption provided for, under the ordinance, under certain circumstances. And if the Commission wishes to pass such a resolution, we'll make sure that we make that clear in the resolution. 38 October 25, 2001 • 0 Commissioner Teele: Call the question. Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-1128 A MOTION INSTRUCTING THE CITY MANAGER TO FIND AN APPROPRIATE MECHANISM TO PROVIDE AN AMOUNT UP TO $750,000 IN REAL CREDITS TO THE PERFORMING ARTS CONSTRUCTION PROJECT THAT WOULD PREFERABLY NOT BE A WAIVER OF IMPACT FEES; FURTHER DIRECTING THE MANAGER TO BRING SAID MATTER BACK WITHIN 90 DAYS WITH A RECOMMENDATION. Upon being seconded by Commissioner Teele, 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. Commissioner Johnny L. Winton NAYS: None ABSENT: None Vice Chairman Gort: Thank you. Anything else, Commissioner Winton? Commissioner Winton: That's it. 39 October 25, 2001 14, 7TIIORI E RXECLTIIVE' ?I G'�IOI €Of BAYF OII � '� 1 1N G NT ���TST`'Tb �€ uTl✓ AME NIMII},�€ PRQEssIONL sEvlcE TIRN ORAR[ PRiVIS'Iol ' �F ExT�xAL SWT?€€ER�ICEs. T�€ TR€o�EEAt,2,�, ALAE C ENERAWL C N `B D ET �F R[T T Vice Chairman Gort: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, it's a resolution authorizing the executive director of Bayfront Park Management Trust to execute an amendment to the professional service agreement -- Commissioner Teele: Second the motion Commissioner Sanchez: -- with Grau and Company, P.A., to exceed -- not -- to extend the term of contract for the provision of external auditing services to the Trust for a period of one year. So moved. Commissioner Teele: Second the motion Vice Chairman Gort: It's been moved and second. Is there any discussion? Being none, all in favor state it by saying, "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-1129 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCPTABLE TO THE CITY ATTORNEY, WITH GRAU & COMPANY, P.A. TO EXTEND THE TERM OF THE CONTRACT FOR THE PROVISION OF EXTERNAL AUDITING SERVICES TO THE TRUST FOR A PERIOD OF ONE YEAR, IN AN AMOUNT NOT TO EXCEED $25,000; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET OF THE TRUST 40 October 25, 2001 0 0 Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: Thank you. 41 October 25, 2001 1E CI�Ily?. KNE'19 9 ,`,EE1Y EETQSCAE ASi RY "A" S[JRPLS STUT, AUTHORIZE11 ONATIUN OFLJCH T'T-4B E NT � r E �0MMITT �CCPTING SAID VEIEI,E[ IIS ASS° ISEE` G[NDITEUN A 17QVtGI� E EE '��(y R� ' I i _£ € /�([[J��(`ry [1� E E E E fill1. F [ {i, ; +.l.�ATIQN�..A Y.I]�.,G�- S€`-�Ey€€€. M^^ i:3IE.€i3.':.: .E3Ee3 .,.}�l 'r €.. Vice Chairman Gort: Commissioner Regalado. Commission Regalado: Thank you, Mr. Chairman. One of the items is very brief. It's the donation of two vehicles to International Rescue Committee. This is one of the most respected humanitarian agencies in the world. They have offices in the City of Miami and what they do, they deliver food to poor people, refugees and most of their clients, I think 80 percent, are now in the City of Miami. So, GSA (General Services Administration) has identified these two vehicles. And I am moving that we donate those two used vehicles to the International Rescue Committee. Commissioner Teele: Second. Commissioner Sanchez: Discussion. Vice Chairman Gort: Discussion. Commissioner Sanchez: Mr. Chairman, although I support this type of assistance, I think that sometimes we need to look within our selves first. I see this great nation of ours, many years in the past, spending billions and billions of dollars assisting others and then, you know, yet fail to realize that sometime we need to help our own here. And, I've always said that before we make any type of donations to outside, of the City of Miami, whether it be, you know, another country or another state, I think that we need to look within ourselves, because I know that we have organizations in the City of Miami, that are trying to do the best they can with limited resources and it's a point that I always make. If we don't have anybody in the City that has asked for these vehicles, then I'm OK with giving it away. But I think we need to focus on -- Commissioner Regalado: No. But, Joe, this is the City of Miami Agency. Commissioner Sanchez: Oh, it is? Commissioner Regalado: Yeah, Commissioner Sanchez: OK. Commissioner Regalado: It is in the City of Miami and it serves the City of Miami. It's in Little Havana, and the thing is, it's one of the branches of the headquarters -- Commissioner Sanchez: Well, then, what are we waiting for? Let's give it to them. Commissioner Regalado: OK. 42 October 25, 2001 0 Vice Chairman Gort: Read it. Read it. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 01-1130 A RESOLUTION OF THE MIAMI CITY COMMISSION CLASSIFYING ONE 1989 FORD VAN AND ONE 1991 CHEVROLET CORSICA AS CATEGORY `A" SURPLUS STOCK; AUTHORIZING THE DONATION OF SUCH VEHICLES TO THE INTERNATIONAL RESCUE COMMITTEE (THE "COMMITTEE"), CONTINGENT UPON THE COMMITTEE ACCEPTING SAID VEHICLES IN AS -IS CONDITION AND PROVIDING ALL TRANSPORTATION, PACKING AND SHIPPING COSTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE RELEASE DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. Upon being seconded by Commissioner Toole, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 43 October 25, 2001 i 0 Commissioner Regalado: The second item is a very complicated one, but one that, I think, has a very easy solution. And I would ask Commissioner Winton to listen to this, because this is one of the things the he has been always pounding on, and I thinks it's important. The is a property in Shenendoah that was cited in 1994 for illegal units. Now it has a running lien of three hundred and seventy thousand dollars ($370,000) on one side. For another violation, it has, I think, a hundred and seventy-eight thousand dollars ($178,000). And the problem with this property is not the fact that they have a lien. The problem with this property is that this property owner has, at least, that we know of, six to seven illegal units. And what is happening in the block and around the block is that it's creating a really messy and pitting neighbors against neighbors in this property. As a matter of fact, some neighbors called the police two weeks ago, on a Sunday. The police did came. They towed two vans and one pick-up truck. And what happened was that, the next day, it seems that the owner told the tenants to park in front of the driveways of other peoples, as a retaliation for calling on the police. So, what we are looking at here is a possible violent scenario, because people in the block are fed up. Now, this is a very interesting case. I checked with the City Attorney. And this case was before the Code Enforcement, and the Code Enforcement gave them a clean bill. And for the first time in history, the City Attorney appealed the code enforcement decision. But that's not all Johnny. Several years ago, we were-- I mean, I think that—anyway--, but the thing about this is that the appeal documents disappeared from the City. I don't want to mention the people involved in that, because some of them have been in the news. And so my reason to bring this here, it's only one. The Code Enforcement has no power. When somebody doesn't want to comply, he or she doesn't want to comply. Because it's a homestead exemption we can't foreclose on the house, but now --exactly. Now, this is a residential house, but now it's a business. It is an apartment it is an apartment building within a residential area. That's one of the issues. The problem that I have with Code Enforcement is that Code Enforcement inspectors, they go about their business. They cite one person and forget. The trouble that creates that property is still there. So-- and I can tell you exactly what is happening and what is going on, because it's one block from my house. So what I'm proposing is that we direct the City Attomey to go, tomorrow, to court and get an injunction so we can order the property owner to close the illegal units, demolish, or do whatever needs to be done. I, for one, would love to have a big sign in front of the property saying, "The City of Miami is taking this property owner to court because of non-compliance with the Code of the City of Miami". Since we do that with sexual predators, this is a predator of the neighborhood. So, probably, I'm sure that the judge will find, in that case, the fact that we are saying, you know, "'I'm a lawbreaker", until the judge rules. But I would like also to add to the motion, that we post on that block and around five hundred feet or something like that, some signs telling the residents when we have the hearing at the court, so the people can be there. Because every day I see people outside trying to move the trucks, and the pick-ups and the situation is getting really out of hand. It is worse than the one you saw in 24`h Street, because 44 October 25, 2001 s 0 we're talking here of retaliation and --so, since there's nothing we can do through Code Enforcement or NET (Neighborhood Enhancement Team) we need to go to court. So, my motion is to direct the City Attorney-- by the way, the City Attorney has already drafted some resolution, because he has been working on this case, and --- Vice Chairman Gort: There's a motion. Is there a second? Commissioner Winton: Second Vice Chairman Gort: Second. Discussion? Let me ask a question of our attorney. If someone posts a sign "not to block the driveway", do they have the right to call a tow company? Alejandro Vilarello (City Attorney): It is a violation to block --of the State Statutes to block the driveways, and also of our City Code. But it is lawful for anyone to park in the right-of-way anywhere that is (inaudible)-- in the right -of: --way. Vice Chairman Gort: So my understanding is, if someone is blocking my driveway, can I call the tow company to have them removed? Mr. Vilarello: You could call the police, who will ticket the car, and the police officer will determine whether towing is appropriate. Vice Chairman Gort: If there is an emergency and my car is blocked, is the policeman going to take me --- Commissioner Regalado: You better call the police. Vice Chairman Gort: --is the policeman going to take me to the emergency? Commissioner Regalado: That's what they do. That's what they do. And then the police brings a tow truck and tows away. Vice Chairman Gort: All right, lets make sure you let the people know, also. Commissioner Winton: In terms of enforcement --and, commissioner Regalado, you've just hit the tip of the iceberg here. It's been an issue that I've been-- have spent a lot of time on for the last two years. This is a little different, in that you have a homestead exempt property as a piece of the thing. So I guess the remedy that we're about to vote on here is the appropriate remedy in this case; is that not correct? Mr. Villarello: It is not— Commissioner Regalado: We are seeking-- the only thing we want or the only thing I want, and the neighbors want, they don't want the property foreclosed on. They want the illegal units out. I mean ---because, you know, the problem that we have here is that, by standards, we treat the same. One house, with an illegal unit, with an old lady, than one house with seven units, with 45 October 25, 2001 single men living, and having cars parked, with the trash and electrical appliances around the block. It is the same, but it's not the same. Because -- Commissioner Winton: I just want to understand if this is the appropriate remedy. Mr. Vilarello: There is an issue as to whether or not this is homestead. In the case that it is homestead, this would be the appropriate remedy. But it is a quick remedy to resolve the continuing violation over a period of years. A foreclosure is also an appropriate remedy, if there's no homestead property associated with it.. Commissioner Winton: Right. And on the foreclosure side I think we're working on foreclosing a certain number of properties Mr. Vilarello: Yes. We've filed several lawsuits, and we have identified, at this point, all of the lawsuits that we're going to go forward with on foreclosures. Commissioner Winton: And once we start that process and, I think, particularly, when we prevail, I think we need to do some real public information about those wins, because it does send the signal—you know this—you said it. The City has a long history of racking up big fines, and then everything just stops. I mean, we don't go that next step, which is to force some sort of action so nothing ever happens. And foreclosure is the ultimate, ultimate hammer to get absentee landlords to maintain their properties appropriately. And so, for the first time in many, many, many, many years, we're about to foreclose some properties and we need to get that message out and send a strong message to the violators who don't --who kind of thumb their nose at us and say, "I don't care how many" --you know, I'll take five hundred thousand dollars ($500,000) in fines. So what! Commissioner Regalado: Well, yeah that's the problem. The owner is very defiant. He said to the police, "I don't care," you know. He owes, on one lien, three hundred and seventy-eight thousand, nine hundred dollars ($378,900), and another one, one hundred and seventy -eight --- one seventy-four thousand—no. One hundred and seventy-nine thousand ($179,000). Commissioner Winton: Well, with those kind of owners, if it isn't homestead, we can foreclose. And it's amazing how that defiance doesn't hold up when they lose their property. Commissioner Regalado: Well, my problem and this is another issue, because my only concern was to get the support of the Commission, so the Attorney can go to court tomorrow and present the documents. My philosophical problem is that the inspectors should be going to that property, those properties who are renegades, every week. Commissioner Winton: I agree with you Commissioner Regalado: Every week. Not forget about it. I mean, these dates, `94, '97—and, mind you, a lot of documentation has been mysteriously lost. But, anyway, I have the resolution here. 46 October 25, 2001 Commissioner Winton: Second the motion Vice Chairman Gort: It's been moved already and second. Read the resolution. Commissioner Teele: Call the question. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 01-1131 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF FOR THE PURPOSE OF ENFORCING ARTICLE 21, SECTION 2102, AND ARTICLE 4, SECTION 401, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "ZONING ORDINANCE"), FOR THE PROPERTY LOCATED AT 2371 SOUTHWEST 19"r1" STREET, MIAMI, FLORIDA (THE "PROPERTY"), SO LONG AS THERE EXISTS INADEQUATE REMEDIES AT COMMON LAW AND A LIKELIHOOD OF IRREPARABLE INJURY IF THE INJUNCTION IS NOT GRANTTED; DIRECTING THE CITY MANAGER TO POST NOTICE OF THE HEARING DATE FOR INJUNCTIVE RELIEF AT THE PROPRTY; FURTHER AUTHORIZING THE CITY ATTORNEY TO SEEK ANY AND ALL ALTERNATIVE REMEDIES FOR THE PURPOSE OF ENFORCING THE ZONING ORDINANCE AT THE PROPERTY; AND AUTHORIZING THE CITY ATTORNEY TO TIMELY INITIATE FORECLOSURE ACTION AGAINST THE PROPERTY FOR ANY OUTSTANDING LIENS RELATED TO CODE ENFORCEMET OR LOT CLEARING COSTS PURSUANT TO APPLICABLE LAW. Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Tecle, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 47 October 25, 2001 ��L;� sPoSaax,II oo 'THE_NING°'Al',f1'FUT STATE TEAT# WALTER 'II�SO ``]7 ,AGIN�'� T�,S`F'QSRf S� C' i'A,IN, SPITE Hr "AAIC;`A L B ISO p,T4 ' 1Tr Commissioner Regalado: The last thing is, we have here representatives of J. Walter Thompson Ad Agency. This is one of the biggest ad agencies in the United States, if not the world. And they have done something that we all should appreciate. They have done, pro bono, a campaign to bring back optimism, to bring back activity, to bring back alive South Florida, Miami Dade County, The City of Miami. They are here just to tell us how is this campaign. They are not seeking for any financial help, just the endorsement, because they already have mediums that have offered a lot of space, radio, TV, billboards for this campaign. I'll tell you what. This idea that they had is great because it is very simple, but it typifies what we need -- the spirit that we need in South Florida and especially in the City of Miami, which has been impacted by the terrible things that happened since September 11th. Your name please Cesar Rodriguez: Good morning, and thank you. Cesar Rodriguez. I am the Business Development Director for J. Walter Thompson. We are located at 2801 Ponce DeLeon Boulevard in Coral Gables. Very, very briefly -- even though Commissioner Regalado gave us that great introduction -- J. Walter Thompson is the second largest advertising agency in the US and the 4th largest in the world. We were kind of minding our own businesses on September 1 Ith at the office when what happened, happened. And after a few hours we kind of left the office and a group of us the management of the office reconvened. And we said, "What can we do?" Now, we are, in no way, predictors of the future. We didn't see this coming, we weren't sitting around with this in some file somewhere, but we very quickly said, "What can w, as an agency, do?" Part of our corporate mission as an international agency is to give back to the communities where we participate and where we reap obviously, financial gains from. And we immediately, you know, got a group of people working on a program. Obviously, as the days have progressed, then you know, our vision proved right that we needed to put something together. One of the things that we are noticing is that, given the events of the 11th, given the events that have come up since then, given the uncertainty that we're all facing everyday, we are really not sure what is going to happen. People do not feel safe, and if people don't feel safe, then it's very difficult for them to get on with their daily lives, and it's having an impact on the local economy. Now, the other thing we noticed, and we kind of experienced it ourselves, we have -- our office has multiple nationalities represented from Latin America and elsewhere and we had people calling and saying, "How are things? I was planning on visiting come December or come January." And we realized that we could make the difference between saying "No, don't come. You know, things here are not good," or "Hey, come right over. It's safe and everything is fine." So we figured that it's not just the responsibility of the government but it's the responsibility of every single citizen to make sure that what we portray as to the place where we live is positive. So we put together a program, which basically, the idea is to encourage and stimulate people to regain or to maintain a positive attitude. Both socially and economically, I mean if you feel safe then you are going to go on with your daily lives. We pretty much broke this program in two stages. We feel that before you can convince people that it's OK to regain their -- or to go on with their daily lives, it's very important for them to feel safe. So we said, look, safety if the first issue and that is where the government comes in. You know, let's reiterate to people. One thing is to have the perception that things are safe. The other is to actually be told by officials that, "Look, things 48 October 25, 2001 are safe. We are trying to do the best we can." I think the President said this and the Attorney General said this: "We are doing everything we can and, within reason, it is very, very safe." Once this is done, then I think we can convince people that together we can all restore Miami to, you know, what is was before in all its splendor. The name of our campaign, which is very, very simple, is basically "Keep the Sun Shining." Now this campaign is totally bilingual, trilingual. Here we brought samples in in English and in Spanish. It's (COMMENTS IN SPANISH) in Spanish. It can be converted to Creole. It's a nice easy phrase that can be converted. Now, why the sun? Well, you know, obviously, Florida is the Sunshine State, you know the sun is a very, very strong metaphor that symbolizes rebirth and splendor. It is -- the idea behind the promise, it's an invitation for people to come together and collaborate in what we are saying, moving Miami forward. We believe it is contagious and, as I said before, the product can be adapted into the different languages that are common here in Miami. Now, as I said before, we have broken this into two stages. Stage one, which we were calling "Safety," which is, you know, highlights the fact that Miami is a safe City. And here we figure that we would need spokespeople: the Chief of Police, the Fire Chief, maybe the Commissioners, the Mayor, OK, assuring people that it is safe. Now, you are going to see some ads, some of them are in Spanish and some of them are in English but, again -- I'm sorry. Let me explain. What you are seeing are not actual photos. These are just layouts. Commissioner Winton: I was just going to says, he's really changed his look there, Chief. Vice Chairman Gort: He looks much better, like he's had plastic surgery Mr. Rodriguez: But these are not the actual photos, these are just the photos that we were able to pull off our databanks so that we can use it. But again, you know -- if we can have the Chief of Police say, "Hey, we are doing our job, so you can continue with your job." And then, you know, the Police Chief. We've got a similar one, again, that would be -- that could be a billboard; an ad that we could place in the newspaper could say something to the effect -- and I won't -- you know, I won't keep you here long, but "The City of Miami has never been safer, the security measures have been enforced, and the streets, and the airports, and crane ships, and ports. The City of Miami continues to work for your safety you can carry on with your daily life. Going out, hanging out with your friends, shopping, going to the movies, seeing your favorite sports teams. if we all feel secure, the sun of Miami will shine more than ever. It is up to you. The City of Miami will appreciate it." Again, we can have that -- we can have the Fire Chief, again the same thing, `Be cool. We are among the best. We're back in Miami." Again, we put these together a couple of weeks ago when these guys, who we appreciate, were coming back from New York, but it's still applicable. Next stage. Once — and, again, this would happen relatively quickly. We're not saying that these things go on for months. I mean, a couple of weeks. Next stage. Once people say, "OK, you told me," then we are calling this, "Life Goes On." And we've broken this again in twp sub stages. One stage is where we get prominent spokespeople and personalities and they can be sports figures and celebrities and other respected public figures that encourage people to go on with their daily lives. And, for example, again, just for layout purposes, these are not the people we have talked to, but however, just for example. You can have a Christina, which within the Hispanic community is respected. You know it's up to you. You might have (INAUDIBLE) and again some examples again, you can have a billboard or you can have newspaper ads. You know, Miami has to be the same as before. It's a 49 October 25, 2001 0 • goal that we all need to work on together. We need to go back and enjoy our beaches, our shopping centers, our favorite teams. We need to give back to the City everything that it's done for us and everything that it does for us, because if we all stick together, the sun can shine again in Miami. It depends on all of us. City of Miami, you know, is grateful to you for that. Thank you. Again, sports celebrities (INAUDIBLE) using the appropriate personality for the appropriate message and a series of ads. Now, the second stage of that -- the second sub stage of life going on and getting back to your daily life is to just use regular people. I mean, once we've got prominent spokespeople, then -- the Stewart family. It can be anybody. It can be the Stewart family. It can be the Rodriguez family. It can be Jose Rogues, who's a construction worker, and a real person telling us, "Hey, get back." Now, what we can't do -- and we've already — and we're stili -- we're working on this, but we've already -- as Commissioner Regalado mentioned, we've already secured support from major media. I mean, The Miami Herald's behind us. We've talked to other media companies, which have both outdoor and radio. We have had preliminary discussions with TV stations. But it can't be J. Walter Thompson telling you to feel safe. It can't be J. Walter Thompson telling you that life goes on. So, in that sense, it's got to be endorsed, and it's go to be endorsed by an authority, which is technically supposed to take care of you. And we figure that we just can't these signs up. I mean, people will (INAUDIBLE) what does that mean? So, we figure that we need to have some type of press conference, initial press conference, where we bring in the different sponsors that are helping out. By the way, it is our intentions we're donating this campaign. I mean, we're not -- it's not going to say by J. Walter Thompson. I mean, we're — people -- different people that we're talking to, we're also encouraging them so that whatever credit they get, they'll get by saying "Thank you very much." Commissioner Regalado: If I may. Mr. Rodriguez: (UNINTELLIGIBLE) Commissioner Regalado: Right. If I may, this is what I think the local component to what the ad council has done with "I am an American" campaign. This campaign has been the -- "I am an American" campaign, it has been incredibly successful, And all the networks have donated time for the ads, radio, TV and press, but it's more impact on TV because of the different ethnicities that they have. And what I think that this could be -- and this has been already endorsed by — well, not officially yet -- by the County, but it will be. I think it is important that we adopt this campaign as the first government entity that sponsors the "Keep the Sun Shining" campaign. So, I don't know if that is what you're looking for. Vice Chairman Gort: Commissioner, my understanding is -- and I want to thank all you. I think it's a beautiful idea and a great job. This would be free for the City of Miami? There's no -- Commissioner Regalado: Yeah, yeah, yeah. No. They have done -- Vice Chairman Gort: What do you need from us, a motion? Commissioner Regalado: -- everything and they have done -- but what he's saying is, in order to launch the campaign, they need government entities to sponsor this campaign. So my motion will be that the City of Miami will sponsor -- be the first sponsor of "Keep the Sun Shining" 50 October 25, 2001 r 0 campaign, at no cost to the City, of course. And I don't know if we can set a timetable for this, because you need to go to the County now and you go to other entities. But I think that within a thirty -day period from now, we might know what other entities there are supporting this campaign, because you do have commitment from billboard companies. For instance, from -- Commissioner Winton: Second the motion. Commissioner Regalado: From north to -- Vice Chairman Gort: It's been moved and second. Commissioner Winton: Second the motion. Vice Chairman Gort: You have to be careful of the billboard companies. Commissioner Sanchez: Discussion. Vice Chairman Gort: Discussion. Commissioner Sanchez: I always want to hear from the one making the presentation. It's no cost to the City, correct? Mr. Rodriguez: It's absolutely no cost to the City. Commissioner Sanchez: Thank you Mr. Rodriguez: We're donating this -- for your information, since we spoke, I think it was about a week ago — in fact, we're going to hit him for it later on. But The Miami Herald said "I'll put the one with the Police Chief and the Fire Chief in 24 hours, just get -- you know, just get me the layout and we'll do it. Vice Chairman Gort: My suggestion is, use the same picture. It will look a lot better. Commissioner Regalado: But they need the real pictures. Mr. Rodriguez: They need a real picture. And the billboard company, that takes about 10 days, but, again, they're ready to go. And it's not just one billboard. I mean, they're willing (UNINTELLIGIBLE). Commissioner Winton: No. And they've got a lot of billboards in the City. Vice Chairman Gort: Commissioner Teele. Commissioner Teele: Yes. You know, the time is getting away from us, and this is very important. I'd like to make three quick observations: First and foremost, these kinds of 51 October 25, 2001 • 0 campaigns are very good, particularly, if they're linked with other bodies. We spend tens of millions of dollars of tax with our Convention and Visitors Bureau, funds collected in the City of Miami, and, candidly, we have no control over it. And I would think that a part of your resolution, Commissioner Regalado, may include a specific request of the Convention and Visitors Bureau, on behalf of the City Commission, to allocate some of our dollars in support of the technical aspects of this campaign. Secondly, what's really needed is visibility. I would like to say in the resolution that we will target the kickoff for November 15th. And let me tell you why I think this is important. We're going to have the Mayor's election on the 6th and the 13th, and it's really important that, whether it be the current mayor or any of the other candidates, that we not try to do this as a Commission agenda, but we really try to work to involve the Mayor in this. And, so, the third recommendation that I would make, as a part of the resolution, is that the Mayor's Office be conferred with on it, and the Manager be requested, instructed to bring this program to the attention of the current Mayor, and whoever's elected on November 13th And that the Clerk be instructed to make this information available about this program, to all of the candidates that are currently running for office. I think -- you know, we need to look at transition, we need to have a smooth transition, and this could be a very good way to kick off something positive, both as it relates to the Mayor and Commission, but as it relates to our community. And, so -- and know we're a little bit ahead of the game with Commissioner Gort being here. It appears that he's going to be supportive. So, if he be fortunate enough, we'll have his support on the 13th. But I think, as a matter of institution Vice Chairman Gort: God willing. Commissioner Teele: -- we should really work, not to preempt and to upstage, because you're going to have to have a lot of community support. So I support it, but with those caveats. Commissioner Regalado: And the reason that I asked him to be here -- and I agree with you, completely -- the reason is because I really wanted the City of Miami, which is the signature City of the State of Florida, to be the first sponsor. I mean, all the governments are going to come online, because, I mean, there is no downside to this campaign, at all. So, I -- Commissioner Winton: Call the question. Commissioner Regalado: -- think that after November 15th' we will know, more or less, which governments and members -- Commissioner Teele: No. I'm saying, we ought to try to plan on kicking -- let's don't lock ourselves in. We've got a Commission meeting on November 15th. We ought to try to kick this thing off -- Commissioner Regalado: On November 15t11 Commissioner Teele: -- on November 15th' in the morning. Commissioner Regalado; And we'll invite entities from other governments here 52 October 25, 2001 0 • Commissioner Teele: Whatever. And let the management work with Thompson, J. Walter Thompson, and everybody else in that regard, and let's move forward with it. Mr. Rodriguez: A couple of things that -- we've been encouraged and, as we speak, it's happening. We're setting up meetings with your Convention Bureau. We're also setting up meeting with the Greater Miami Chamber of Commerce. A suggestion or idea that came from one of the people we talked to, said go we can put Chief Martinez, but it would be great if, down the road, we can have all the police chiefs, and we could have all the fire chiefs. I mean, it's not just — I mean, let's kick it off with the City of Miami, but look (UNINTELLIGIBLE). Commissioner Teele: Great. Vice Chairman Gort: It's great idea. We're supporting — I'd like to suggest the — if you look at the -- today they had a poll, the statistics, how people in the State of Florida feel about the -- and they feel very comfortable about it, and maybe you might be able to use some of that information in today's paper. OK. All in favor state it by saying "aye." The Commission (Collectively): Aye, The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 01-1132 A MOTION BY THE CITY COMMISSION PLEDGING CO-SPONSORSHIP OF THE "KEEP THE SUN SHINING" CAMPAIGN; FURTHER STATING THAT THE J. WALTER THOMPSON AD AGENCY FIND OTHER SPONSORS FOR SAID CAMPAIGN; FURTHER STIPULATING THAT THE AFOREMENTIONED CAMPAIGN SHALL BE AT NO COST TO THE CITY OF MIAMI; FURTHER INSTRUCTING THE CITY MANAGER TO INFORM THE CURRENT MAYOR AS WELL AS THE INDIVIDUAL UPON BEING ELECTED MAYOR IN EITHER THE NOVEMBER 6, 2001 NONPARTISAN PRIMARY OR NOVEMBER 13, 2001 RUNOFF ELECTION OF THE DETAILS OF SAID MARKETING CAMPAIGN; FURTHER INSTRUCTING THE CITY CLERK TO ADVISE AND DISSEMINATE INFORMATION REGARDING SAID CAMPAIGN TO ALL CANDIDATES OF RECORD CURRENTLY RUNNING FOR THE UPCOMING NOVEMBER 6, 2001 ELECTION FOR THE POSITIONS OF MAYOR AND COMMISSIONERS FOR DISTRICTS 1, 3 AND S, RESPECTIVELY. S3 October 25, 2001 • 0 Upon being seconded by Commissioner Winton, 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. Commissioner Johnny L. Winton NAYS: None ABSENT: None Vice Chairman Gort: Thank you very much. We really appreciate it. Great. Great campaign. Thank you. Commissioner Regalado: Thank you. 54 October 25, 2001 f� 0 Vice Chairman Gort: Commissioner Regalado, what else? You've got five minutes. Commissioner Regalado: I'm done. Vice Chairman Gort: Commissioner Teele. Commissioner Teele: Mr. Chairman, I'm going to be brief. Would you read the ordinance, Mr. Attorney, that's been rolled over? It goes to what Commissioner Sanchez was just talking about. That's the ordinance on prioritizing. Alejandro Vilarello (City Attorney): This is the second reading, so a public hearing is necessary, but I'll read the ordinance. Note for the Record: At this time, the City Attorney read the ordinance into the public record. Vice Chairman Gort: Is there a motion? Commissioner Teele: So moved. Commissioner Winton: Second. Vice Chairman Gort: Second? Any discussion? Being none, roll call. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18, ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/PURCHASING AND CONTRACTS GENERALLY," TO PROVIDE NOT-FOR-PROFIT ORGANIZATIONS WHICH PROVIDE A PUBLIC PURPOSE FIRST CONSIDERATION AS RECIPIENTS FOR THE DISPOSITION OF CATEGORY "A" AND "B" SURPLUS STOCK; MORE PARTICULARLY BY AMENDING SECTION 18-75 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of September 25, 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: 55 October 25, 2001 0 E AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12141. The Ordinance was read by title into the public record by the City Attorney. 56 October 25, 2001 0 9 €_,NSTr MA AxER F AFt (�P 3x ��IANz BVI , �Q € PDQ 7sb,€Q ?RSL Cl TURF ?SIN �T c Rrc €oor�€€ T}}3 V4 ,LLU PIKE €,AB Y , ,,0 TN r I F € �T Commissioner Teele: Commissioner Winton, I was cut off. The Chairman's trying to move the meeting. But on the discussion about the Performing Arts Center, there's one important thing I want to register. We do not need to waive our landscaping and our codes on parking lots and all that. Note for the Record: At this time, Commissioner Regalado left Commission Meeting at 11:46 a.m. Commissioner Winton: No, no. I agree. You know, I'm a hundred percent. Commissioner Teele: And I -- you know, we need to — Commissioner Winton: We need to enhance it. Commissioner Teele: We need to -- you know, because these things just have a way of never going away. Vice Chairman Gort: Not on landscape. Commissioner Teele: You know. And they're going to say it's construct -- that construction is going to go on for three to four years. There's no need to start talking about a temporary permit. They need to do it and do it right, whatever they're going to do. Commissioner Winton: I'd agree to that a hundred percent. Commissioner Teale: OK. All right. We need to move the agenda, Mr. Chairman. Did you have an item you wanted to move forward? Vice Chairman Gott: We're trying to — no. 57 October 25, 2001 0 Vice Chairman Gort: Item 2 Commissioner Winton: So moved Commissioner Teele: Second Vice Chairman Gort: Moved and second. Any discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye Commissioner Teele: A four-fifths vote is noted The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO, 01-1133 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5T1') AFFIRMATIVE VOTE, 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 ACQUISITION OF ROUTINE INSPECTION AND RE -CERTIFICATION OF 180 SURVIVOR TM 2000 SERIES EMS SUVEILLANCE VESTS FOR THE DEPARTMENT OF FIRE -RESCUE FROM PINNACLE ARMOR, SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED $31,500; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 313304, AS FUNDED BY THE FIRE ASSESSMENT FEE. 58 October 25, 2001 0 Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado 59 October 25, 2001 0 • 21 R1� PROVE�TD CONFII2.M MANA 'oC i E Q "4411,M WAV '-I� FSR co1vIPETI€fIv> s A z{ � P1QUI'Nf`EhTl,OMIUNENTS; ACESa�,t�2,`11`4ocl'S 1IST��MOT �Y tiTEM of ` � o�II G N 1�AL S' RVI F, , M I E = T NII r � 0 " I.MPROV7✓1VENTR.� xh. Vice Chairman Gort: Item 3, sole sources purchase. Commissioner Winton: So moved Commissioner Tecle: Second Vice Chairman Gort: It's been moved and second. Commissioner Winton: And could I -- and my apologizes for taking this time, but -- Vice Chairman Gort: Discussion. Commissioner Winton: -- I'm always generally critical of how they put these things together. But in the background, you can see it says "17 years old." It says they utilize the systems Miami Beach, Hialeah, and other counties in Broward, so we get a sense of who else uses it. Inter- operability during disaster, multi jurisdictional, critical (UNINTELLIGIBLE) system upgrades, fire college modification. Another factor, request City of Miami has already invested over six million in radio equipment. Those kinds of facts that are in this summary gives you a real good feeling that I understand what they're talking about, and when I vote to spend this money, it's a lot easier. So, thank you for doing such a good job on this one. Commissioner Tecle: Outstanding job, they've done Vice Chairman Gort: OK. Any further discussion? Being none, all in favor state it by saying aye. The Commission (Collectively): Aye. 60 October 25, 2001 0 • The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1134 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5T"') AFFIRMATIVE VOTE, 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 TURN -KEY INSTALLATION OF EQUIPMENT COMPONENTS, ACCESSORIES AND UPGRADING OF THE CITY'S EXISTING 800 MHZ TRUNKED RADIO SYSTEM FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FROM MOTOROLA, INC., SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED $5,012,427, PLUS A CONTINGENCY RESERVE IN THE AMOUNT OF $309,716, FOR A TOTAL AMOUNT NOT TO EXCEED $5,322,143; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 311052.429401.6.840. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chainnan Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado Vice Chairman Gort: Item 4. Commissioner Teele: Four-fifths vote is noted, Mr. Clerk. Commissioner Winton: Right. 61 October 25, 2001 Commissioner Winton: Item 4, so moved Commissioner Teele: Second the motion Vice Chairman Gort: It's been moved and second. Is there any discussion?? Being none, all in favor stale it by saying "aye." The Commission (Collectively): Aye The following resolution was introduced by Commissioner Winton, who moved for its adaption: RESOLUTION NO. 01-1135 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR-FIFTHS (4/5Tx) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE SEALED BIDDING PROCEDURES ARE NOT PRACTICAL OR ADVANTAGEOUS FOR THE ACQUISITION, INSTALLATION, OPTIMIZATION AND INTERFACE OF THE CM6HC DIGITAL MICROWAVE SYSTEM WITH THE 800 MHZ TRUNKED RADIO SYSTEM, AS MORE PARTICULARLY SET FORTH IN ATTACHMENTS A, B AND C, AND AUTHORIZING SAID UPGRADES FROM MOTOROLA, INC. FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN AN AMOUNT NOT TO EXCEED $2,117,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 311052.429401.6.840. 62 October 25, 2001 Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado Commissioner Teele: Four-fifths vote is noted. 63 October 25, 2001 0 G 4#01 AH0, �T1t RES �Of ESE O 1 `� NC 3 $;; 70 FQ� ` €EATON O� SHl PRC)�#t ANIS ATTE1FE, FAIVI SEL ERIE T(ITS,?�1NT LIT HAI, 4 IOMEI��S ROJE T; € LITTLER ISA EVI`RENGi�:i� ' ,. Vice Chairman Gort: Item 5, rollover ESG (Emergency Shelter Grant) funds for Catholic Charities of Archdiocese. Commissioner Tecle: So moved. Commissioner Winton: Second. Commissioner Teele: Public hearing. Vice Chairman Gort: It's been moved and second. Does anyone in the public would like to address this item? Would anyone in the public like to address this item? Being none, 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. 01-1136 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE ROLLOVER OF EMERGENCY SHELTER GRANT FUNDS PREVIOUSLY ALLOCATED IN FISCAL YEAR 2000-2001 TO FISCAL YEAR 2001-2002 TO THE CATHOLIC CHARITIES ("CATHOLIC CHARITIES") OF THE ARCHDIOCESE OF MIAMI, INC. IN THE AMOUNT OF $151,170 FOR OPERATION OF SHELTER PROGRAMS AT THE NEW LIFE FAMILY SHELTER, PIERRE TOUSSAINT LITTLE HAITI HOMELESS PROJECT AND LITTLE HAVANA EMERGENCY SERVICES PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CATHOLIC CHARITIES FOR THE PURPOSE OF DECREASING THE ALLOCATION FROM $211,003 TO $151,170 AND EXTENDING THE TERM OF THE CONTRACT TO SEPTEMBER 30, 2002. 64 October 25, 2001 E 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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado 65 October 25, 2001 ,EA TIIOF,Z ROLLOV; ' OF�vIMUNY iEVE,OET.o; RANT U ' 'gg',m u L' i[ A IJ C1 E INF'' 4Q 1 .±� �Y QQ T{ ' ' COL TO iIVIMERE 'OiV,.. 'r $6' ;0' AOR SON ;a�°ZA� ,NOMI' M, DEIe `MENT DRQ SET T2[�E., Vice Chairman Gort: Item 6. Commissioner Teele: So moved. Commissioner Winton: Second Commissioner Teele: Public hearing, Mr. Chairman. Vice Chairman Gort: It's been moved and second. Would anyone like to address this item? OK. 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. 01-1137 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ROLLOVER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY ALLOCATED IN FISCAL YEAR 2000-2001 TO FISCAL YEAR 2001-2002 TO TACOLCY ECONOMIC DEVELOPMENT CORPORATION, INC. IN THE AMOUNT OF $150,000 FOR ADMINISTRATION OF THE COMMERCIAL LOAN PROGRAM AND IN THE AMOUNT OF $60,000 FOR THE EDISON PLAZA ECONOMIC DEVELOPMENT PROJECT, FOR A TOTAL AMOUNT OF $210,000; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING CONTRACT WITH TACOLCY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 66 October 25, 2001 0 Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman WiCredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton NAYS: None ABSENT: Commissioner Tomas Regalado 67 October 25, 2001 Vice Chairman Gort: Item 7 was already done. Item 8. This is the personal appearance by Anvar Moghaddam. Anvar Moghaddam: Good morning. Anvar Moghaddam with Sunbeam Community Development. It's a community-based organization. Commissioner Teele: Is this for profit or not-for-profit. Anvar Moghaddam: Non-profit. I have something that I would like to give to the Commissioners to see. Is it OK? Commissioner Teele: Mr. Chairman, I would recommend -- let me tell you this. I don't want to start doing mortgages. If we've got a recommendation from the Manager, I'm ready to act on this, recommending approval; otherwise, I would ask that the gentleman be afforded a full opportunity to brief the Commission, and that the matter referred to the Manager to go to the -- what's that group of bankers that we have? Gwendolyn Warren (Director, Community Development): The Loan Committee. Recommendation was for denial. He has been told. Commissioner Teele: Has this gone before the Loan Committee? Ms. Warren: No, it has not. Commissioner Teele: OK. You do know that the Manager is recommending denial of this? Mr. Moghaddam: Yes. But I don't think that they have been able to look at it totally from our point of view. Commissioner Tecle: All right. Then we'd like to hear from you for two minutes on this. Anvar Moghaddam: Thank you, sir. I appreciate it. Knowing what's going on in the City and the current economical condition, as I understand, Commissioner Teele, you are the Chairman of CRA, which is for the economical development and creating housing in the Overtown Area. Furthermore, as the previous speaker, which has represented the empowerment zone, there's a Federal, State and City mandate as far as providing jobs for the low-income to moderate -income family neighborhoods. Having said that, there has been a project that the OCD and the City of Miami has been approved on NW 6th Street by building the Camillus House. Two blocks north of this, on 8th Street, right on the intersection, there is a building that has been sitting there for 68 October 25, 2001 • roughly for about 10 years, which is totally abandoned, and there is illegal activity is going on on that property. Right behind that property, there is a 12,000 square foot, an apartment building, which is in a very distressed condition, and it has a first mortgage from the United States Housing and Urban Development, which has been given to the property to the City of Miami. In a nutshell, this particular first mortgage right now is what they call a "non -conforming loan," which it means that it has not paid any principal and interest payment for the last two or three years. Having said that, our proposal is to purchase the first property, to purchase the second property, and then go ahead and demolish it and build a office building, Class "A" or Class "B," which, by doing that, it would create a permanent job of about 30 — 30 permanent jobs, and a training facility for the residents in a nearby. So, to do this and to be cost-effective, it would be necessary in order to somehow negotiate or get rid of the first mortgage, which it would mare it economically feasible for us to go ahead and demolish the building. Commissioner Winton: Who owns these properties? Anvar Moghaddam: The first one is owned by an investment company, which is -- Commissioner Winton: Well, the City does -- does the City own either of these properties? Vice Chairman Gort: What's the request? Gwendolyn Warren (Director, Community Development): The City currently has -- Commissioner Sanchez: Move to deny. Ms. Warren: -- mortgages on the property. Commissioner Winton: Mortgages. Ms. Warren: They are currently in default. Legal action is being pursued. What the gentleman's requesting is that we forgive our loans on it and turn the property over -- Commissioner Sanchez: In the amount of how much? Mr. Moghaddam: The amount of the loan is about -- roughly about forty-five thousand, but -- Commissioner Winton: The mortgage? Ms. Warren: The City has a mortgage on it that is in default. Commissioner Winton: Of forty-five thousand dollars ($45,000)? Ms. Warren: Approximately fifty thousand. We're currently pursuing legal action against the people who are in default. The request is that we forgive our loan, and that the property be deeded to this gentleman for the purposes of development. As you know, we can't forgive these loans. 69 October 25, 2001 Commissioner Sanchez: No. Vice Chairman Gort: We can't do that. Come on. Ms. Warren: We are pursuing legal action. And this is his request to do development with the property, and that the City, basically, would like to step out of that. Mr. Moghaddam: If I may interject and answer a counter to the young lady, if I may? Commissioner Teele: Her name is Ms. Warren. Mr, Moghaddam: Ms. Warren, yes. Commissioner Teele: Although she might like being called the young lady. Ms. Warren: Yes, I do. Ms. Moghaddam: What I would like to bring to the Commission's attention is that, if the City decides to go ahead with the foreclosure proceeding, what is going to happen is that it's going to cost you more money, because the property is in totally terrible condition, and it is three stories, I think. Ms. Warren should know. It has a first and a second floor, which is totally empty. All the windows are -- everything is totally messed up. Commissioner Winton: Do you have a contract to purchase these properties from the sellers? Mr. Moghaddam: I have a contract on the first and the second one. Commissioner Winton: OK. It seems that now -- I would never recommend we do anything that goes against federal guidelines, whatsoever, so that's off the top. And, secondly, I'm not sure that -- and I'm not speaking about this in support necessarily of this particular gentleman's proposal to buy the properties. Frankly, I'm not sure that there's any market. Unless he has tenants lined up, I don't -- I'm not sure you're going to get -- Mr. Moghaddam: If I may answer that. Commissioner Winton: Yes. Mr. Moghaddam: I do have an interest -- Mr. Vilarello: Well, Mr. Chairman — Commissioner Winton: Well, wait a minute. No. Actually, I don't -- Mr. Vilarello: Mr. Chairman, perhaps I can -- you know, this is a personal appearance, so I tried to allow the discussion to go on. But this is -- he's -- this is a gentleman who's talking about part 70 October 25, 2001 of our defaulted loan portfolio, and the Commission has established a process for consideration of these items. There's a Loan Committee that you've designated, and meets and reviews these items. If the gentleman has a contract with the owners of the property, he should have the owner of the property, the individuals that we have privity, the ones that we're in contract with, to make a proposal to the City. Staff will either recommend it, if it makes good sense, or will not recommend it if it doesn't make good sense. But it's part of the defaulted loan portfolio, and you have established a process for dealing with it. Commissioner Winton: But staff has already denied, and that's the reason he's here. They didn't take it to the Loan Committee. Mr. Vilarello: He's here because he requested a personal appearance before the City Commission and, of course, the Manager allowed the personal -- I mean -- it's a request -- Vice Chairman Gort: No, no, no. But one of the things that we requested in the past is, I don't like to see a personal appearance in here without consultants, so we can have the administration's opinion on these things. Ms. Warren: I guess what the City Attorney's saying is that we're currently in the process with the people who do have a loan and who are owners of the property. Vice Chairman Gort: Right. OK. Ms. Warren: That's in process. This gentleman, again, has requested to come before you to suggest that we wipe ourselves out -- Commissioner Sanchez: No. Ms. Warren: -- so that he can own the property. Again, the Law Department and the City has a process for reviewing with legal owners anything that (UNINTELLIGIBLE). Vice Chairman Gort: OK. Thank you, sir. Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Yes. Mr, Moghaddam: I'd like to respond to that. Vice Chairman Gort: No, no. Excuse me. That's it. That's over. Commissioner Teele: Mr. Chairman -- there's nothing to respond to now. Mr. Chairman, first, let me just clarify two things. It's my understanding that both of these properties are west of 95, is that correct? Ms. Warren: I guess. Yes. 71 October 25, 2001 M Commissioner Winton: Right off 95. Commissioner Teele: OK. If they're west of 95, they're outside of the CRA, the redevelopment authorities' districts and boundaries. So, I've -- this has nothing to do with the redevelopment in the context of the redevelopment authority, although there's been several references. I am extremely concerned about the lack of policy review by the management in this whole loan portfolio. It's a mess. What we've done now is, we've just put them all in there and it's moving at a snail speed, but the wheels of justice grind slowly but exceedingly fine, and so part of it's the process and the system. There are -- there should be some independent looks at how we can carry out other city policies, and do things other than just grinding the portfolio down, because there may be some opportunities to do. I have a problem with what this gentleman is requesting, because I think if he's making a request, he should be coming forward with the property owner and not independently, or asking us to now usurp the property owner's rights. Of course, we wear two hats. We're the mortgage holder, so it's not inappropriate. But we are government and we're not just a mere mortgage holder. None of us want to be in the position of saying government is going to sit here and entertain a discussion about somebody else's property, that still has the deeds to that. What I would do is, I would recommend, by motion, that the gentleman be referred to our -- what's that banking committee -- credit committee? Ms. Warren: Yes. Our Housing and Loan Committee. Commissioner Teele: Our Housing Loan Committee. And that the City Attorney and Management be available to meet with the mortgage -- with the property owner and this gentleman, if you can set up the meeting, and entertain a discussion and let them consider it at that light. Mr. Moghaddam: I would be delighted Commissioner Teele: OK. So -- Commissioner Winton: Second the motion. Vice Chairman Gort: The motion is seconded. Any further discussion? Commissioner Teele: But either if the property owner says, "I like this idea. I'd like to sell it" or whatever, it's still got to be approved by the Loan Committee. That's our contract with the Federal government. We're not going to eliminate loans when we've promised the government that we will stop eliminating or canceling loans. That's our commitment to the Federal government. So, we really can't do without a real strong justification, and consultation and recommendation. Commissioner Winton: But I will tell you -- and I'm not speaking to his credit, at all, because I do not know anything about him. But if this were -- if this is a substantial developer that had the wherewithal to develop this property and you're talking about forty-five thousand dollars ($45,000) credit, we make that up in the first year in real estate taxes. 72 October 25, 2001 • 0 Commissioner Teele: In the first year real estate taxes, yeah. Commissioner Winton: So, you know, dragging your feet on this kind of — you know, I hope there's a business look at this issue, not just "let me see what the rules say and see how I can most aggressively apply the rule." You know, we need to look at this openly and figure out if there is a right way to get this done Commissioner Teele: And that was my point. I didn't state it as well. But I want to associate myself with that remark. I don't think we ought to just blindly put all this stuff in there and then just let it grind slowly, We ought to look at ways to expedite it, and creative ways, within the context to provide development opportunities, not necessarily this one, but we really ought to look at that. I know I've referred two to you all, and three to -- three properties and, yet, no response on the -- you know, one of those properties. So, we ought to look at that stuff. Vice Chairman Gort: Mr. Attorney. Mr. Villarello: Mr. Chairman, Vice Chairman Gort: Yes, sir. Mr. Vilarello: I think that it's appropriate to give you a little bit of an update of how that process is going, because the last time we spoke of grinding to its conclusion was an appropriate description of what was going on, but since then the process has geared up. In fact, the Loan Committee, at its last meeting, approved two resolutions that provided a significant return -- in fact, a complete return to the City of defaulted loans. So, although there were some growing pains at getting started, it is now gearing up and moving forward. Vice Chairman Gort: We need to do that. All in favor -- Commissioner Winton: Call the question. Vice Chairman Gort: -- state it by saying "aye." The Commission (Collectively): Aye. 73 October 25, 2001 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 1138 A MOTION RECOMMENDING TO THE CITY MANAGER REFERRAL TO THE CITY OF MIAMI HOUSING AND LOAN COMMITTEE OF REQUEST FROM MR. ANVAR B. MOGHADDAM, EXECUTIVE DIRECTOR OF SUNBEAM COMMUNITY DEVELOPMENT CORPORATION, CONCERNING PROPOSED PURCHASE, DEMOLISHMENT AND DEVELOPMENT OF TWO PROPERTIES LOCATED AT 833 N.W. 4 AVENUE AND 365 N.W. 8 STREET; FURTHER REQUESTING THE CITY ATTORNEY AND THE CITY MANAGER TO MEET WITH THE OWNER(S) OF SAID PROPERTIES (IF POSSIBLE) AND WITH MR. MOGHADDAM; FURTHER DIRECTING THE MANAGER TO CONSIDER OPEN, CREATIVE WAYS TO EXPEDITE SAID PROPOSED DEVELOPMENT PROJECT. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E, Teale, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado Vice Chairman Gort: Thank you. Item 9. Commissioner Winton: So moved. Commissioner Teele: And without belaboring the point, in my opinion, the demolition of buildings that are abandoned, derelict, eyesores is far -- has economic advantages, and it's far superior to maintaining, you know, derelict buildings that are crack dens, and places where illegal activity go on. So, I mean, Fm in favor of leveling these buildings, where we can find them, Commissioner Winton: Right. 74 October 25, 2001 0 Commissioner Winton: So move nine. Commissioner Teele: Second the motion. Vice Chairman Gort: It's been moved. Is there a second? Vice Chairman Winton: All in favor. Commissioner Teele: Emergency ordinance Vice Chairman Gort: All in favor -- read it. Commissioner Winton: Oh, it's an ordinance? Vice Chairman Gort: Roll call. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11869, AS AMENDED, ADOPTED DECEMBER 14, 1999, ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: "STOP ACTIVE VANDALISM EVERYWHERE (SAVE) GRANT" BY (1) REDUCING FISCAL YEAR 2000-2001 APPROPRIATIONS IN THE AMOUNT OF $10,500, AND (2) APPROPRIATING FUNDS FOR FISCAL YEAR 2001-2002 IN THE AMOUNT OF $132,882, CONSISTING OF A GRANT FROM MIAMI-DADE COUNTY IN THE AMOUNT OF $99,662 AND MATCHING FUNDS FROM THE CITY OF MIAMI IN THE AMOUNT OF $33,221; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF THE GRANT AND EXPEND MONIES FOR THIS FUND FOR THE CONTINUED OPERATION OF THE PROGRAM; ALLOCATING THE REQUIRED MATCHING FUNDS IN THE AMOUNT OF $33,221 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 (2001); CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. 75 October 25, 2001 0 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: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado Whereupon the Commission on motion of Commissioner Winton and seconded by Commissioner Teele, adopted said ordinance by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Tecle, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12142 The ordinance was read by title into the public record by the City Attorney. 76 October 25, 2001 E Commissioner Sanchez: Move number 10. Vice Chairman Gort: Item number 10. Commissioner Teele: Second Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Commissioner Winton: Emergency ordinance. Vice Chairman Gort: Any further discussion? Being none, read it. An Ordinance Entitled — 6 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "REFUGEE EMPLOYMENT AND TRAINING (RET) PROGRAM (PY 2001-2002)" AND APPROPRIATING FUNDS IN THE AMOUNT OF $94,392, CONSISTING OF A GRANT FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM AND THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, THROUGH THE OFFICE OF REFUGEE RESETTLEMENT, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE OPERATION OF A PROGRAM TO PROVIDE EMPLOYMENT AND TRAINING SERVICES FOR ENTRANTS/REFUGEES; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND AUTHORIZING THE EXPENDITURES OF THE GRANT FOR THE OPERATION OF THE PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 77 October 25, 2001 0 was introduced by Commissioner Sanchez and seconded by Commissioner Teele, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado Whereupon the Commission on motion of Commissioner Sanchez and seconded by Commissioner Teele, adopted said ordinance by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 121.43 The ordinance was read by title into the public record by the City Attorney. 78 October 25, 2001 2$, .?' SME' VENC € RINA`NCE` ND UIZDI ` ;jTO €i 21NNiAI„ API?t0'RIT�N C)RT�INAN ' ;TC} IICRSE (`CERTAIN d'EA01' t�TD U?CGETi2.YA'ROP1tIAQNS Commissioner Teele: Move Item i 1. Vice Chairman Gort: No, 10A. Commissioner Sanchez: Ten -A. Commissioner Teele: Ten -A, I'm sorry Commissioner Sanchez: Second. Commissioner Winton: Second. Commissioner Sanchez: Roll call. Vice Chairman Gort: Roll call. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12128AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE, TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR THE PURPOSE OF APPROPRIATING FUNDS FORM THE STRATEGIC INITIATIVE RESERVE FUNDS IN THE NON -DEPARTMENTAL ACCOUNTS TO THE SPECIAL REVENUE FUND ENTITLED "FLAGLER FIRST CONDOMINIUM PROJECT FUND"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, 79 October 25, 2001 1] E was introduced by Commissioner Teele and seconded by Commissioner Sanchez, 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: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12144 The ordinance was read by title into the public record by the City Attorney. 80 October 25, 2001 0 E Vice Chairman Gort: Item 11 has been moved. Commissioner Winton: Second. Vice Chairman Gort: Second. Any further discussion? Read it. Roll call. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "LOCAL LAW ENFORCEMENT BLOCK GRANT VI PROGRAM ("PROGRAM") FUND," AND APPROPRIATING FUNDS, IN THE AMOUNT OF $2,436,034, AND ANY INTEREST EARNED FROM FISCAL YEARS 2001-2002 AND 2002.2003, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FROM THE U.S. DEPARTMENT OF JUSTICE; AUTHORIZING THE ALLOCATION OF MATCHING FUNDS, IN THE AMOUNT OF $270,670, FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290301.6956; AUTHORIZING THE EXPENDITURE OF GRANT FUNDS FOR THE OPERATION OF THE PROGRAM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. 81 October 25, 2001 1-1 was introduced by Commissioner Teele 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: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado Whereupon the Commission on motion of Commissioner Tecle and seconded by Commissioner Winton, adopted said ordinance by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12145 The ordinance was read by title into the public record by the City Attorney. Vice Chairman Gort: Thank you. We'll be back 2:30. Commissioner Teele: Hey, can we go along -- Vice Chairman Gort: I have to go. Commissioner Teele: Oh, OK. Vice Chairman Gort: I have a-- you all are invited to a press conference, where we're going to announce the charter school in downtown Miami. Commissioner Teele: Where is that going to be? Where is your press conference -- Commissioner Sanchez: So, we're back at 2:30? Vice Chairman Gort: Yes, sir. 82 October 25, 2001 Commissioner Sanchez: Two thirty sharp. Commissioner Teele: What time, 2:30? Commissioner Sanchez: Two thirty sharp. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:05 P.M. AND RECONVENED AT 2:44 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONER TEELE. 83 October 25, 2001 E E SECQ D READ N. O NAN 1 E E 1IT €a4 0' G EE C( E �NTLED "SREETND''EWR/1 € SFJ' 8 €LDIIfar, LISfi'�(STA S`T'ET W? QTS; TEQ IIa ,C;; S'IT IiW#'a BV E 19a 'O1ZT E .1RESSVAY A NO)AS'T��; 0)4' ",Q TO FF✓,,. �. Vice Chairman Gort: Good afternoon, everyone. We left on. Item 12, I believe. Item 12, Mr. Jackson. John Jackson (Director, Public Works): Item 12 is a second reading on amendment to Code Section 54-190. Vice Chairman Gort: Sir, you have to speak into the mike. Mr. Jackson: Item 12 is second reading Commissioner Winton: Move it. Commissioner Sanchez: Second. It's second reading. Vice Chairman Gort: It's been moved and second. Any -- Commissioner Sanchez: Roll call. Vice Chairman Gort: Roll call. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKSBASE BUILDING LINES/NONSTANDARD STREET WIDTHS, TO REDUCE THE STREET AT FEDERAL HIGHWAY, BETWEEN I-195 AIRPORT EXPRESSWAY AND NORTHEAST 39TIl STREET, FROM 70 TO 50 FEET; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. 84 October 25, 2001 Was passed on its first reading, by title, at the meeting of October 11, 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 Regaiado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12146 The ordinance was read by title into the public record by the City Attorney. S5 October 25, 2001 }ENDING QI1 CE A ,:ETI N „ 3) G Y COTS EN1�TD`STA�ILiM NDS (SON �E]TI�N I'ETRS>' f lVND'H�CI E OP FERfiITION Cl'P` tF CIX ,�?F''1VIZ'AlV((�RTTX Q�IIANIIF I';, ;-�� � Vice Chairman Gort: Item 13 Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Winton: Move it. Second. Commissioner Tecle: Second. Vice Chairman Gort: It's been moved and second. Any further discussion? Commissioner Winton: Ordinance. Vice Chairman Gort: Read it. Commissioner Winton: Second reading. Vice Chairman Gort: Go ahead. 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", TO AMEND THE SCHEDULE OF FEES FOR THE CONVENTION CENTER OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI, JAMES L. KNIGHT INTERNATIONAL CENTER, MORE PARTICULARLY BY AMENDING SECTION 53-181(3); CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 86 October 25, 2001 0 0 Was passed on its first reading, by title, at the meeting of October 11, 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. Commissioner Johnny L. Winton NAYS: None ABSENT: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12147 The ordinance was read by title into the public record by the Assistant City Attorney. 87 October 25, 2001 0 0 3,R CoSATIC PRC]'OIJ] ' NT T C` f P`ARIING` ATEA AEJ3QA�T IIR PAKINC?i� 'AT'Irt + 'B{ fiAM -IN!, tili :r Vice Chairman Gort: Item 14, an ordinance -- Commissioner Teele: So moved, Mr. Chairman. Commissioner Winton: Want to defer 14. Commissioner Teale: So moved. Second to defer. Vice Chairman Gort: To defer? Commissioner Winton: Yeah. Vice Chairman Gort: OK. All in favor state it by saying "ayc." The Commission (Collectively): Aye The following motion was introduced by Commissioner Winton, who moved its adoption MOTION NO. 02-1139 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 14 (PROPOSED FIRST READING OF ORDINANCE TO AMEND CODE SECTION 35-193 TO ESTABLISH PARKING RATES AT BOAT TRAILER PARKING LOT AT SEMINOLE BOAT RAMP ON S.W. 27 AVENUE AND SOUTH BAYSHORE DRIVE IN COCONUT GROVE). Upon being seconded by Commissioner Teele, the motion was passed by the following vote. AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny Winton Commissioner Tomas Regalado NAYS: None ABSENT: None 88 October 25, 2001 0 Vice Chairman Gort: Item 15 is accepting a grant for -- Commissioner Sanchez: So moved Commissioner Teele: Second. Vice Chairman Gort: -- historic preservation. It's been moved and seconded. Read it. Roll call. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "HISTORIC PRESERVATION" APPROPRIATING FUNDS IN THE AMOUNT OF $250,000, CONSISTING OF A GRANT FROM THE FLORIDA DIVISION OF HISTORICAL RESOURCES IN THE AMOUNT OF $25,000 AND FUNDS IN THE AMOUNT OF $225,000 FROM THE BUDGET OF THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FROM THE FLORIDA DIVISION OF HISTORICAL RESOURCES AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND AUTHORIZING THE EXPENDITURES OF SAID FUNDS FOR THE DEVELOPMENT OF AN HISTORIC RESOURCES SURVEY OF PORTIONS OF LITTLE HAITI AND MODEL CITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Sanchez, seconded by Commissioner Teele, and was passed on that reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None The ordinance was read by title into the public record by the City Attorney. 89 October 25, 2001 i Vice Chairman Gort: Sixteen. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: It's an ordinance. Read it. Roll call. Mr. Walter Foeman (City Clerk): I need a seconder. Commissioner Teele: I moved it? Who you have as moving it? Mr, Foeman: You. Vice Chairman Gort: He moved, and second by -- Commissioner Winton: Second. An Ordinance Entitled - AMENDING CHAPTER 10, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/IN GENERAL", TO REPEAL AND REPLACE THE "SOUTH FLORIDA BUILDING CODE" AND THE "SOUTH FLORIDA BUILDING CODE, DARE COUNTY EDITION" ("S.F.B.C."), WITH THE "FLORIDA BUILDING CODE" AND CHAPTER 8 OF THE CODE OF ORDINANCES OF MIAMI-DADE COUNTY, FLORIDA ("CHAPTER 8 OF THE COUNTY CODE"); HAVING ALL REFERENCES TO THE S.F.B.C. REFERRED TO AS THE "FLORIDA BUILDING CODE" AND "CHAPTER 8 OF THE COUNTY CODE"; MORE PARTICULARLY BY AMENDING SECTIONS 10-3 AND 10-4 OF THE CITY CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 90 October 25, 2001 0 E Was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on that reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None The ordinance was read by title into the public record by the City Attorney. 91 October 25, 2001 • 0 Vice Chairman Gort: Eighteen, resolution ratifying the City Manager's action. Commissioner Sanchez: What about 17? Was 17 deferred? Commissioner Teele: Move Item 17 on the banking. Commissioner Sanchez: Second Commissioner Winton: 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 Teale, who moved for its adoption: RESOLUTION NO. 01-1140 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 00-01-162, DATED AUGUST 27, 2001, THAT THE MOST QUALIFIED FIRMS TO PROVIDE BANKING SERVICES FOR THE CITY OF MIAMI ARE, IN RANK ORDER: (1) FIRST UNION BANK, (2) BANK Or, AMERICA AND (3) SUN TRUST; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FIRST UNION BANK, THE FIRST -RANKED FIRM, FOR A PERIOD OF THREE YEARS, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH BANK OF AMERICA, THE SECOND -RANKED FIRM, IN THE EVENT NEGOTIATIONS FAIL WITH FIRST UNION BANK, AND IF NEGOTIATIONS ARE NOT SUCCESSFUL, TO ISSUE A NEW REQUEST FOR PROPOSAL FOR BANKING SERVICES; DIRECTING THE CITY MANAGER TO PRESENT THE AGREEMENT TO THE CITY COMMISSION FOR ITS CONSIDERATION. 92 October 25, 2001 0 Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None Vice Chairman Gort: Thank you. Great presentation. That was very good. 93 October 25, 2001 • 0 Commissioner Winton: Move 18, Vice Chairman Gort: Eighteen, it's been moved. Commissioner Sanchez: Second Commissioner Teele: Where in the devil is Nokomis, Florida? Commissioner Winton: It's right next to Yescomis (sic). Commissioner Sanchez: Nokomis, Florida. Vice Chairman Gort: Nokomis, Florida. Commissioner Sanchez: Church Street. Commissioner Teele: The vendor is located at 509 Church Street, Nokomis, NOKOMIS, Florida. What's the area code there? Carlos Gimencz (City Manager): Well, frankly, it's next to Hiawatha, wherever that is. Commissioner Winton: He said Highwater. Vice Chairman Gort: Yeah, Highwater Commissioner Teele: Without objection -- who moved it? Vice Chairman Gort: You did. Commissioner Winton: You and I moved it, and seconded it. Vice Chairman Gort: Read it. Commissioner Winton: Resolution. Alejandro Viiarello (City Attorney): It's a resolution. Commissioner Teele: Call the question. 94 October 25, 2001 Vice Chairman Gort: Did you read it already? It's a resolution? Commissioner Winton: Yeah. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1141 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF ONE QUAD -12 BUSINESS CARD SLITTER FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, GRAPHIC REPRODUCTIONS DIVISION, FROM THERM -0 -TYPE, IN AN AMOUNT NOT TO EXCEED $14,710; ALLOCATING FUNDS FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, GRAPHIC REPRODUCTIONS DIVISION, ACCOUNT CODE NO. 505000.420501.6.840 (FY 00-01). Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 95 October 25, 2001 Vice Chairman Gort: Nineteen. Another emergency. Commissioner Sanchez: So move number 19. Commissioner Winton: Second Vice Chairman Gort: It's been moved and seconded. Is there any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-1142 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR/FIFTHS ($/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE ACQUISITION OF MAINTENANCE AND SUPPORT SERVICES FOR THE EXISTING FASTER FLEET MANAGEMENT SYSTEM FOR THE PERIOD OF 10/01/00 THROUGH 9130/01 FOR THE DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION AND FIRE -RESCUE FROM C.C.G. SYSTEMS, IN AN AMOUNT NOT TO EXCEED $5,618; ALLOCATING FUNDS FROM GENERAL SERVICES ADMINISTRATION, ACCOUNT CODE NO. 503001.420905.6.670 (FY 00-01), IN THE AMOUNT OF $4,494, AND FIRE - RESCUE, ACCOUNT CODE NO. 001000.280601.6.340 (FY 00-01), IN THE AMOUNT OF $1,124. 96 October 25, 2001 Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 97 October 25, 2001 0 0 Vice Chairman Gort: Item 20, a resolution. Oh, we have another emergency. Commissioner Winton: So moved. Vice Chairman Gort: Thank you. It's been moved. Is there a second? Commissioner Sanchez: 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 Winton, who moved for its adoption: RESOLUTION NO, 01-1143 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, AND APPROVING THE ACQUISITION OF MP2 ENTERPRISE SQL COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM SOFTWARE, WITH ONE-YEAR ANNUAL SUPPORT AND MAINTENANCE OPTION AND IMPLEMENTATION SERVICES FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FROM DATASTREAM SYSTEMS, INC., UNDER EXISTING CITY OF DES MOINES, IOWA WASTEWATER RECLAMATION FACILITY RFP NO. 01-2001-021 AND PROFESSIONAL SERVICES AGREEMENT NO. 20808, AND ANY EXTENSIONS, IN THE AMOUNT OF $110,215 AND A CONTINGENCY RESERVE IN THE AMOUNT OF $30,000, FOR A TOTAL AMOUNT NOT TO EXCEED $140,215; ALLOCATING FUNDS FROM GENERAL SERVICES ADMINISTRATION, ACCOUNT CODE NOS. 504000.420119.6.840(FY 00-01) IN THE AMOUNT OF $121,804.77 AND 506000.420601.6.840 (FY 00-01) IN THE AMOUNT OF $18,410.23. 98 October 25, 2001 • 0 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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 99 October 25, 2001 39 € IF APPROVE AND CONFIRM MANAGERFINPINC WAIVE RQIIREMINTS F € R,,OMATI NIS SIAL1?I7:B>pDII�f?'I ''G D�7 APPROVE € A0QTJST�,TIO,€, ,��E' CE AT, ILIA !,Vx1W_' K P� �O�t D PAM �� SCAT' F R(M FROFSiI(aNA� E���) EC�` E,� $ �? Q �L�C =T 1�LJNL7S�' ONV r s 7 3 t l § i€ �i 1��( t 4 1\4pjjL'' C� 40i .ta;.F€ Vice Chairman Gort: Twenty-first -- 21, approving emergency action. Picket fence. Commissioner Sanchez: Twenty-one, so moved. It's ratifying. Commissioner Winton: Second Commissioner Tecle: Discussion Vice Chairman Gort: Is there a motion? Commissioner Winton: Yeah. Vice Chairman Gort: It's been moved and seconded. Discussion. Commissioner Sanchez: Discussion. Commissioner Teele: If you solicited bids, why is this considered an emergency, Mr. Attorney? There were four bidders -- four vendors; the lowest responsive bid was one hundred and twenty- one thousand dollars ($121,000). Albert Ruder (Director, Parks & Recreation): I could answer (INAUDIBLE). Albert Ruder. We had to award it before the Commission could approve it, and it was done informally in order to get it done in time. So, although we got four bids, it was more than 4500, and that's why it's an informal bid. And it was done -- Commissioner Teele: Yeah. But I think this is the wrong thing. What we should be doing is ratifying the Manager's -- Commissioner Sanchez: Recommendation. Commissioner Teele: -- decision here. But it's styled as an approval. I don't want to -- time is late, so we'll -- but I just think this should be styled as ratification, more so -- Alejandro Vilarello (City Attorney): The resolution itself is styled as ratifying, approving and confirming the Manager's finding of emergency, and waiving the requirements of competitive bidding. So, the resolution itself is, in fact, styled that way. That's just how we do each of those resolutions. 100 October 25, 2001 0 0 Commissioner Teale: The memo is not styled that way. But the point in my mind is, as long as there's a bid, what we're doing is approving the ratify -- we're ratifying the Manager's actions. It was a bid, and it makes it look like it wasn't a bid. But it's fine. Carlos Gimenez (City Manager): No, there was a bid, and -- Commissioner Teale: There was a bid, and that's all that's sort of important. And even if it's an informal bid, it's -- Mr. Gimenez: Well, the reason we wanted to get this done is because the United Way -- we had thousands of people that were going to go over there, and we had to put this in place before (UNINTELLIGIBLE) pro-bono work, and we wanted to get this in place before they got there. Commissioner Teele: Call the question. Thank you. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-1144 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE ACQUISITION AND INSTALLATION OF A STEEL PICKET FENCE AT ELIZABETH VIRRICK PARK FOR THE DEPARTMENT OF PARKS AND RECREATION, FROM PROFESSIONAL WELDING, INC. IN AN AMOUNT NOT TO EXCEED $121,000; ALLOCATING FUNDS THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. 101 October 25, 2001. 0 0 Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 102 October 25, 2001 • 0 Vice Chairman Gort: Item 22, resolution increasing professional service agreement regarding Hadley Park Project, Commissioner Winton: So moved. Commissioner Teele: Second. Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1115 AUTHORIZING AN INCREASE IN THE PROFESSIONAL SERVICES CONTRACT WITH THADDEUS COHEN ARCHITECTS, P.A. FOR THE PROVISION OF PLANNING, DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE CONSTRUCTION OF A COMMUNITY/CULTURAL CENTER BUILDING AT CHARLES HADLEY PARK, TO COVER ADDITIONAL DESIGN, BID NEGOTIATIONS AND CONSTRUCTION ADMINISTRATION SERVICES REQUIRED TO ACCOMMODATE UPGRADES TO THE FACILITY REQUESTED BY THE CITY, IN AN AMOUNT NOT TO EXCEED $71,210, FROM $190,000 TO $261,210; ALLOCATING FUNDS FROM PROJECT NO, 331111, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 103 October 25, 2001 Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 104 October 25, 2001 4I }#AT1FY,€AIPRC)VA ` ; `+1F�, NANGER� F' , : ` MIREI*T"� s VVA VE'''RLQ 7�l V[ 1'W €� LtI Q� .F h I'S4 Al 1 ; I1 "1' cEPrD' of€vNT € €�cNsRUT`f QRc G NTT F `" 1[7EZ A TIME`E C €€ ' `( , � ? R00 R IR} ;` ns € € € BPE l l ([ k I [ �`€I 'ITQI1ATD $37,,440 Commissioner Sanchez. Twenty-three, so moved. Vice Chairman Gort: Twenty-three. Commissioner Teele: Second Vice Chairman Gart: An emergency. Manuel Artime Community Center. Commissioner Winton: Second Vice Chairman Gort: It's been moved and seconded. 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 for its adoption: RESOLUTION NO. 01-1146 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR/FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPTING THE AUGUST 17, 2001 BID OFA VENTURA ENGINEERING AND CONSTRUCTION CORP., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE PROJECT ENTITLED "MANUEL ARTIME COMMUNITY CENTER ROOF REPAIRS, B-6397", IN THE AMOUNT OF $32,000; ALLOCATING FUNDS FROM PROJECT NO. 322060, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $32,000 FOR THE CONTRACT COSTS AND $5,440 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $37,440; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT. 105 October 25, 2001 • • Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 106 October 25, 2001 42 RATIFY, APPROVE AND CONFANj OF EMRGEGY; WAIVE REQI1IRl1�IINTS FORCQMP�TIV�7„ D G PROCDURS, , ,ACC OF METRO ,EXPR�`SS INr✓.; FOR PRaJEC";Tl!,TIT�;, "E, TQR1vI`SI?W R, PHASE`II EME "E CYO ITE�.LI�R,CONSTRUCJ',TT4l P 4J�C� Brf. 56G87,, iT'OT'A, iC ST 21`7' 1'2'4 HM Vice Chairman Gort: Twenty-four Commissioner Teele: Move 24 Commissioner Sanchez: Second Vice Chairman Gort: West End Storm Sewer, Phase II, Emergency Outfall. It's been moved and seconded. Any further discussion? Being none, 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. 01-1147 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOURIFIFTHS (415THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPTING THE SEPTEMBER 10, 2001 BID OF METRO EXPRESS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "WEST END STORM SEWER, PHASE II — EMERGENCY OUTFALL RECONSTRUCTION PROJECT, B-5668", IN THE AMOUNT OF $199,500; ALLOCATING FUNDS FROM PROJECT NO, 352199, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $199,500 FOR THE CONTRACT COSTS AND $17,624 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $217,124; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT. 107 October 25, 2001 0 • 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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 1.08 October 25, 2001 43 ACEI? IiATITLEL) ` SAMATITI MOPrAh Vice Chairman Gort: Twenty-five, a resolution accepting proposed record replat. Commissioner Winton: So moved Vice Chairman Gort: It's been moved. Is there a second? Commissioner Teele: Second. Vice Chairman Gort: They're all in compliance will all the requirements from the City of Miami. Mr. Carlos Gimenez (City Manager): Yes, sir. Vice Chairman Gort: Thank you. All in favor state it by saying "aye." The Commission (Collectively): Aye The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01 - 1148 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED SAMANTHA REMI REPLAT, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 109 October 25, 2001 Vice Chairman Gort: Twenty-six, recommendation for the pilot modular newsrack agreement. Commissioner Winton: So moved. Commissioner Sanchez: Second. Vice Chairman Gort: Any discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 01-1149 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER, THROUGH THE DEPARTMENT OF PUBLIC WORKS, TO INITIATE, ADMINISTER AND EVALUATE A PILOT PROGRAM FOR STANDARDIZED MODULAR NEWSRACKS ON PUBLIC RIGHTS-OF-WAY THAT PERMIT ONE SINGLE ADVERTISING PANEL LOCATED ON THE BACK OF THE MODULAR NEWSRACK IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 54, ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND OTHER PERTINENT CITY RULES, REGULATIONS AND POLICIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENTS AND NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; THE AGREEMENTS SHALL BE SUBSTANTIALLY IN THE FORM ATTACHED HERETO, AND AT A MINIMUM PROVIDE THAT THE CITY SHALL RECEIVE FIVE PERCENT OF ADVERTISING REVENUES ON A MONTHLY BASIS IN EXCHANGE FOR THE PRIVILEGE OF PARTICIPATING IN THE PILOT PROGRAM, 110 October 25, 2001 • • Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 111 October 25, 2001 • 0 Vice Chairman Gort: Twenty-seven has been withdrawn. Twenty-eight, transfer of hardware funds from CRA (Community Redevelopment Agency). Commissioner Winton: So moved. Vice Chairman Gort: Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Any discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye Mr. Alejandro Vilarello (City Attorney): It's a public hearing. Vice Chairman Gort: A public hearing. Is anyone in the public would like to address this item? Show no one comes forward. All in favor state it by saying "aye." The Commissioners (Collectively): Aye The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1150 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") FOR THE TRANSFER OF $1,000,000 FROM PREVIOUSLY APPROVED HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS FUNDS FROM THE CRA TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND THE TRANSFER OF $1,000,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE OPERATING BUDGET OF THE CRA. 112 October 25, 2001 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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 113 October 25, 2001 0 r 46 RA'�"IF, A'PROVE AND C(F�R1V1 MAIACrrR=�S )~INDT'O EMERGENCY, AND,; SS URC A E ;QRDER oR Ql rsrfir� l Q RAI�SP R T OI E, ' T 5 'IN ALLA�A�T1 'PRODWI�C�A FRC, NS €IVCK R IO (rF'` `LSE``IOUGA�S irNC,37'"00 Vice Chairman Gort: Twenty-nine, a resolution to authorize payments to Parsons Brinckerhoff Quade & Douglas for transportation study for the Allapattah area. Is this the one we finally need so they can get it done? Yes, sir. Alejandro Vilarello (City Attorney): Mr. Chairman, there is a need to modify the resolution. The correct amount is -- Chief Wheeler. Dennis Wheeler (Director, NET): Dennis Wheeler, Director of NET. The resolution in your package asks for thirty-seven thousand, eight hundred dollars ($37,800) to pay bills that are owed to the company now. The new resolution in front of you is asking for your permission to allow as to spend up to seventy thousand dollars ($70,000), which was already budgeted. So, there's a change from -- you know, it will allow us to complete the project. Commissioner Teele: Is there -- anybody make the motion? So moved. Vice Chairman Gort: There's a motion. We need to get this done. Commissioner Winton: Second. Commissioner Sanchez: Second. Vice Chairman Gort: 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. 01-1151 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, AND ISSUING A PURCHASE ORDER FOR THE ACQUISITION OF TRANSPORTATION TRAFFIC STUDIES IN THE ALLAPATTAH PRODUCE AREA FROM PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC., IN THE AMOUNT OF $70,000; ALLOCATING FUNDS FROM PROJECT NO. 341194, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. 114 October 25, 2001 Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifrodo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 115 October 25, 2001 E 0 am ml (B) CQMM S $'TON CUMMEND .} YAS ( Vice Chairman Gort: Digital library presentation, Office of the City Clerk. That's deferred. Mr. Walter Foeman (City Clerk): That was -- Mr. Carlos Gimenez (City Manager): To the next meeting. Vice Chairman Gort: Thirty-second, General Obligation Bond. Discussion concerning the dissemination of information. Commissioner Winton: What did you say? Commissioner Sanchez: Now, we're -- 31 is the Parking Surcharge Extension. Commissioner Winton: Thirty-one is the Parking Surcharge. Vice Chairman Gort: That was on 32. Going too fast. Thirty-one, the Parking Surcharge. Mr. Carlos Gimenez (City Manager): Before we move onto that, we've got a presentation that the Commission, I think, would like to make at this time. (UNINTELLIGIBLE). Just give us about 10 seconds. Commissioner Teele: Is this on the -- oh. This isn't the bond thing? All right. Commissioner Sanchez: The bond issue is number 32. Thirty-one is the Parking Surcharge. Commissioner Winton: Yeah. Commissioner Teele: Parking Surcharge? Commissioner Sanchez: Yes. Commissioner Winton: Right, 31 is the Parking Surcharge. Commissioner Teele: Mr. Chairman. Mr. Chairman. Vice Chairman Gort: Yes, sir. Commissioner Teele: I would like to move an item from the pocket of the Commission. "Whereas, the City of Miami values -- 116 October 25, 2001 Commissioner Winton: Is that all of our pockets? Commissioner Teele: -- those talented personalities, who, by virtue of their integrity and professionalism, contribute to the growth and well being of our community and, thereby, the establishment of the basis of the elevated quality of life." And, by the way, would someone vacate the COW Room, please, and ask all the COW Room residents and the members of the Commissioner's staff that are in the building to please join us in the Chambers, please? "And whereas, Commissioner Wifredo "Willy" Gort, an 8 -year veteran of the City of Miami Commission, came into the chambers fresh from the competition of innovative initiatives to the revitalization of downtown community; studies leading to the creation of the Bayside Marketplace and New Year Eve's Festival by the Bay; bringing to our city a big heart, a brilliant mind, a passionate and effective leadership, all decisively honed through the distinguished career in visionary public service; and whereas, Commissioner Gort, as Chairperson of the Commission, has conducted official meetings and protocol with professional poise, humility and, thus, has rendered our City sound and functional through an unprecedented local and world events; and whereas, Commissioner Willy Gort, through gentle, productive and unheralded unquestioned missions in every district in our City has won the hearts of all Miamians, moving with quiet diplomacy to create bonds and linkages all of own citizens, one to another, regardless of ethnicity, and he has promoted economic and cultural connections across the city landscape, bridges, building, consensus of cultures and always and forever crafting spears of friendship and unity; and whereas, it is fitting and proper that the City of Miami pause in our official deliberations to recognize Wifredo "Willy" Gort as an outstanding visionary, whose discretion and caring leadership encompass, and full embrace of his God-given talents, and provides the purest examples of life dedicated to excellence and inspired by a duty to God and to serve people. Now, therefore, 1, Joe Carollo, Mayor of the City of Miami, do hereby proclaim Thursday, the 25" day of October, in the Year of our Lord 2001, as Miami City Commission Wifredo "Willy" Gort Day. (APPLAUSE) Vice Chairman Gort: I just want to ask a favor of -- in a resolution from this Commission, that we please show this on Channel 9 every day from now on. (APPLAUSE) Vice Chairman Gort: Number 2, I'd like for The Miami Herald and all the news, they get a copy of this proclamation, please. This will be my last meeting as a Commission, but I shall be back. I will always be here. I have been in Miami 45 years. This is my City and I love it. And it has been a great experience for the last few years. It has not been easy. When I first decided to run, they would tell me that, "Hey, being a Commission is real nice. You get to go here, you get to go there," and so on. And the first year, I remember, I get an opportunity to represent a city in a trip to Japan. And I said, "Oh, this is going to be great." And then came 1995 and 1996. So, from there on, you know, all the work that we (UNINTELLIGIBLE) down. But it's been a great experience. I don't regret any of it. 1 think we have some great people. We have a beautiful City. And we have a great future. And like I tell everybody, we are going to be the capital of the world, I have to tell you that. The City of Miami is the best City position to benefit from all the 117 October 25, 2001 0 • international trade and tourism, and we have everything. But most important, we have all of you and that's what makes a difference. And I'm very proud to be a member of this City Commission, And I'll be back. Like Macarthur said, "I shall return." Thank you. (APPLAUSE) Commissioner Regalado: And shall we say good luck? No. I mean, good vote. Commissioner Teele: I think it only fair that each of the Commissioners just have a brief moment to just say any complimentary words that are candid words, that you'd like to say. And starting with you, Commissioner Winton, since you sit right next to him, and since you've been prominent in ensuring that he returns to this Commission. I think it's only fair that you say a kind word. Vice Chairman Gort: Let's make sure Channel 9 is on, and we repeat this. Mr. Carlos Gimenez (City Manager): It's on and it's recording. Commissioner Sanchez: Two minutes. Commissioner Winton: And I will be brief. Willy — and I don't think everyone knows this, but Willy Gort was on of the first people I met when I moved to Miami in 1980, because I got recruited here from Boston to take what was then the John Elliot Blood Bank, and I went banging on his door to try to get him involved from a -- because he was a well known community volunteer way back then, and to get him involved in helping us recruit blood donors. We've known each other for, you know, over 20 years. But as a Commissioner, I can tell you that -- and not being a student to politics of government -- I didn't know anything about anything as it relates to sitting in this chair when I got here. And I was down here at the end and was really nervous about sitting here at the end and, probably, Net 9 notices that at every meeting, I'm over here, "Willy, what's this mean? You know, what am I supposed to do? What am I allowed to do?" And he continually coached me and coached me. And, frankly, I think, as Commissioner Teele said at the last Commission meeting, this Commission, the Miami City Commission, for years was the Commission that the public wanted -- Commissioner meeting the public wanted to watch because it was a circus. And this Commission here, with this group of people, people watch Miami City Commission meetings now to see how the business of government is really run and run professionally. And I've just been thrilled and extremely proud to be a colleague of Commissioner Will Gort. And, frankly, I'm scared to death about whoever may sit in that next seat, and we're going to miss you immensely, because you were a huge par( of this group coming together so strongly and working as a real team. And appreciate it. (APPLAUSE) Commissioner Sanchez: You know, I only have good things to say about you, Willy. It's been an honor to sit next to you here in the Commission meeting, and see how much you put into being a Commissioner. You are probably one of the busiest Commissioners with the DDA (Downtown Development Authority), and all you do for downtown, and the time you spend 118 October 25, 2001 0 . away from your family, being that you have such lovely family. But I'll tell you, as The Herald said when I first got here three years ago, I had milk around my lips when I got here. And to sit here next to you, and learn from you, and to learn how devoted you are to the community, and what great work you do, it's really touching to me and I wish you the beast. I wish you -- whatever you do, whether you come back as a Mayor, which, God willing, you probably will, and if you move on to something else, you'll always have a friend. I thank you, not only for what you've given me as a friend, but what you've done for this community. I think the employees of the City of Miami and the residents owe you a great deal of gratitude. Because people don't realize what a commitment and how much work and time you put up here. I think people don't sometimes see that, how much time you spend away from your family, and you deal with two jobs. Your job -- and I know you're very busy with your other job. But, you know, people thank you for what they're doing. They say that this is a job that's not -- people don't thank you for it. I want to take this opportunity to say thank you, and wish you the best, and know that you have a friend in me in whatever your endeavors may be in the future. (APPLAUSE) Commissioner Regalado: I guess everybody says that history repeats itself, and I have to say that probably not many people know this, but during the 40's and 50's, my father, who was a journalist -- me neither -- but my father was a journalist. Used to cover for one of the major newspapers in Havana, The Presidential Palace, and he was part of a team, a reporter and a photographer. My father's other half was Wifredo Gort, your father. So, I guess that I inherited that thing of being a team. If Willy Gort can promise something to the people of Miami, it's that he's a team player. He understands the way that government works, and he has brought harmony to this Commission. Willy, I am very proud to be part of your team, and I wish you a lot. And, of course, since we were children, we know each other and I really admire you. Thank you for all the years you gave the City. (APPLAUSE) Commissioner Teele: I think it only fair and fitting and proper that the Mayor and the Mayor's chief of staff, since the Mayor is away on official business, have an opportunity. Rhonda, as you come forward. The one observation I will make to the management is that although I have spent probably about 18 years in college or higher in education, we have a protocol process now that challenges everyone's intellect, and I am scared to death when I pick up one of these proclamations that there is going to be a word that I have never seen or heard. And so, again, I really would like to compliment the Manager and the Mayor in the increased professionalism and the short notice in working. And I really would like to thank the Mayor's Office for working so closely with us. So, Rhonda, please. (APPLAUSE) Ronda Vangates (Special Assistant to the City Manager): On behalf of the Mayor, this is very easy for me to do because Commissioner Gort is one of the nicest persons I've ever met in my entire life. He is truly a statesman. He is not a politician. He's a person who really cares about this community, who cares about the staff, who works well with our office, like all the 119 October 25, 2001 0 • Commissioners do from time to time. And I wish you well. No pun intended. From time to time, you know. I have to tell the truth. And I wish Commissioner Gort all the best, all the best. (APPLAUSE) Commissioner Teele: Ronda, I'm really impressed with the growth that you're showing. Ladies and gentleman, no one has been a direct beneficiary and no community of Willy Gort's sincere statesmanship than the district that I'm pleased to represent. I think it only fair to recall that when this Commission, some 5 years ago, redrew the boundary limes, politicians do what we always do: We looked out for our district and ourselves. I was not privileged to be here, but it was Commissioner Gort who said, "Since there is not an African-American on the Commission at that time, it's only fair that the 4 -year seat go to the African-American seat." And with that, he did something that's really unheralded, unheard of in politics. He put himself in political risk, so that we could have community consensus. But that is not the end. That's just sort of the beginning of the story of Willy Gort's unselfishness. From doing things, such as trying and moving the domino process from community to community, something that may seem like a small thing, but more and more people are realizing how much in common we have as people, and it's been Willy Gort's patient understanding. I could go on, and I think it probably best just to say that Willy Gort certainly represents the finest qualities that George Washington and the founders of our country had in mind when they created this great nation. This is really a man for all seasons, and I'm very pleased and proud to have had the opportunity to serve with him as a colleague. And I've said to you, Willy, before, and I'll say it again publicly, you can use -- as Senator Pepper used to say to me, "You could tell folks that I'm for you and if, on the other hand, you think of more to say, then I'm against you. Whatever you think is best." You can use my name in any way, and I'm honored to be your friend and supporter. (APPLAUSE) Commissioner Sanchez: Would this mean that you guys ain't going to order pizza and stuff tonight? Don't feed him, Willy. Don't feed him. Commissioner Teele: We're out of here at five. Vice Chairman Gort: Thank you all. Appreciate it. Thank you. (APPLAUSE) 120 October 25, 2001 48,ISCUSSf GOCIN`Efi S:?T;OFI?A,H'€, Commissioner Sanchez: Are we dealing with 31? Vice Chairman Gort: Item 31. Commissioner Winton: So moved for discussion. Vice Chairman Gort: It's been moved. Is there a second? Mr. Carlos Gimenez (City Manager): Thirty-one is for discussion. Commissioner Sanchez: For discussion? Commissioner Winton: Yes, because I want to change something. Huh? Commissioner Sanchez: You don't need to move this. It's only -- Commissioner Winton: Aren't we discussing this? Commissioner Sanchez: We're not approving anything. Commissioner Winton: Oh, we're not? Commissioner Sanchez: We're basically discussing concerning the extension of the Parking Surcharge. Mr. Alejandro Vilarello (City Attorney): This was simply informational language that the Manager put on for your attention. I do want to draw your attention. At the suggestion of several individuals, we have -- instead of removing the April 1St to April -- we've added "on or after" April 1St, 1999. It achieves the same purpose. Commissioner Sanchez: That's the amendment made. Mr. Chairman, if I may -- and I'll be very brief on it -- the biggest problem we had last time on this bill was that we tried to ramrod it through Tallahassee at the end. Here, we have plenty of time, but I think that it's prudent that we are kept abroad of what's happening in Tallahassee, and where we are at in the process. And, also, we need -- I know that I will serve as the liaison between the Commission and the lobbying team, but we need to know exactly where we're at in the process, and we need to know who are the sponsors right now. I believe Senator Silvers is a sponsor on the Senate side, and Carlos Lacasa has filed the bill now. However, it has not gone to any committees. On the Senate side, it did go through the first committee and it passed, and I'm sure -- what we need to know is, I think there needs to be communication between the legislative body here and the legislative body in Tallahassee so we could assist, in any way, you know, to know what channels are going through the committees, so we could assist in that process. Also, I want to make it very clear, once again, this is going to be a unified process. We are asking, not only the Administration, the Commissioners, the Mayor, all the unions, to hold hands on this one. This is an issue that's 121 October 25, 2001 • 0 going to benefit us all, and we need to work together to make this one -- you know, pass it through Tallahassee and, then, of course, not get a veto and implement it as a law. Mr. Gimenez: Yes, sir. I can give you a brief update on the -- just getting back the surcharge that was on the books. We have made significant progress. I went to Tallahassee. Been up there twice, and the legislators and Commissioner Winton went up with me once. I was up there yesterday and I addressed the Dade Delegation. I think that we either have unanimous or we may have one percent from Dade Delegation. This bill would pass through (INAUDIBLE) going through the Senate, as we speak. (INAUDIBLE) in the House, and we're making very good progress on this. (INAUDIBLE) the old bill. I will keep you abreast of anything. You know, things are happening very quickly up there. I think we have a very good chance of passing this bill, and then taking it to our new Governor and, then, of course, we need to make sure that the Governor gets it and he signs it also. Commissioner Sanchez: Thank you Vice Chairman Gort: Thank you. Any further discussion? Any Questions? Commissioner Winton: I just want to make sure that we have a -- before -- this language for the -- which is really the language associated with the extension piece. We have to get this back before the Commission to talk about these formulas. Because the formula that's in here is the formula, I think, that we want to end up with. And, so, I just want to know if we need to make that change now or whether we're going to make the change at some subsequent meeting. And the specific example is the amount of money that's going to go -- that will be essentially taken -- that will be earmarkcd for infrastructure improvements within those zones where the money is collected from. This says 10 to 20, which was the old idea. You know, we're passing this bond issue. And one of the reasons that I didn't say anything about any additional money for downtown infrastructure is because ten million is a -- you know, it doesn't do much -- is because, based on the conversation we've had at the Commission level, I think it was the intent to move this number to a much higher percentage, and that would be the money that would be earmarked for infrastructure improvements in the downtown area, so -- Commissioner Sanchez: Johnny, would you yield for a minute on that point? Commissioner Winton: Yes, I would. Commissioner Sanchez: The concern that I may see is that before we change anything, I think that it's paramount that we talk to the Senate side sponsorship and the House sponsorship. Because, let me tell you, from experience, when I was in Tallahassee, what we pushed for here will get modified in many ways through different committees, and sometimes you have to sacrifice something in the bill to get it through one committee and then you add it on the next committee, and that may be a concern. Do you understanding what I'm saying? Commissioner Winton: Well, this language isn't even up there, yet. This -- Commissioner Sanchez: But it's compared to the original language on the bill. 122 October 25, 2001 • o Mr. Vilarello: This item is prepared for the purposes of going forward in the regular session that starts in January. Commissioner Winton: Right. Not the special session dealing with protecting what we've already got. This is about the next step, which is extending the parking surcharge for the 30 -year period. Mr. Vilarello: Commissioner Winton, through the Chair, 1 would suggest and recommend that you bring this back and discuss it at a future meeting, as opposed to having an item approved today, which may confuse whether or not it should be considered now or in the January session. Commissioner Sanchez: Right. Let's not mix it. Commissioner Winton: OK Commissioner Sanchez: Let's not mix apples with oranges. Mr. Vilarello: My recommendation is that you bring this back and pass it at a future date, so there's no confusion of -- Commissioner Winton: Perfect. That was my question. T just want to make sure of that. Thank You. Vice Chairman Gort: Thank you. 123 October 25, 2001 0 • 49 U QRS:. E ALLOCA ' O' OF BUD` }OQ, IN`S P, RT€ OF 'r A RTMIGA MlAVI f, Ox FLAN >STsD`,TS'IT"IN `�T�EIaATION CQ X'011 .YII �.Wk A��E.fii,.#A:'1 �i 1 kt ,l-t� l�t1 t [ fE Vice Chairman Gort: Item 32, discussion of General Obligation Bond. Commissioner Winton: Before we do that, could we -- let's see. What issue -- what -- we have the full leadership of the Greater Miami Chamber of Commerce here, and there's an issue, and it's tied to economic revitalization. And I'm trying to -- oh, I know what it is. It's the supplemental agenda. And if you don't mind, Mr. Chairman, could we go to the supplemental agenda and get presentation from Chamber? Vice Chairman Gort: Go right ahead. Go ahead. Commissioner Winton: Mr. Blumberg. Philip Blumberg: Thank you, Commissioner Winton, Commissioner Gort, Sanchez and Regalado. I'm Philip Blumberg, reside at 808 Brickell Key Drive, Number 301. I'm here on behalf of the Greater Miami Chamber of Commerce, who have recognized that our economy trouble going into a very severe recession. Post September 111h reached a point of crisis. Our key industries here: airlines, tourism, cruise ships have suffered unprecedented losses and, unfortunately, going forward, we're probably going to hear about more losses, in terms of the airlines. These are the largest employers in Greater Miami. And in. Miami, they represent clearly the vast majority of employment. Our concern in the Greater Miami Chamber of Commerce is that, in doing nothing, we invite economic disaster. That has lead this Chamber to take probably the most forceful advocacy position anywhere in the United States, with regard to putting together a program. The Chamber will be funding to the tune of two hundred thousand dollars ($200,000), internally. The issue we come to the City of Miami with is our request that the City of Miami join in our effort and provide funding to the level of fifty thousand dollars ($50,000) to accomplish what is in your packages there. Simply put, to get this community on solid footing to weather the storm that we're facing now and into the future; to shore up the tourism industry in working with the Visitors and Convention Bureau, to shore up or work with worker displacement, and to move forward on an ambitious and aggressive economic agenda. With that, I certainly invite questions. We have here today Leslie Pantene, who has been a long- term member of this Chamber and, obviously, a community activist. Vice Chairman Gort: I don't know, It's not going to help you, to tell you the truth. Mr. Blumberg: Helpful, for sure, is Peter Rulak, who is our First Vice Chair, and will be Chairman of the Chamber in two years. Rhodell Holzberg, who's the Executive Director, and Mary Lou Tye, who has been working very long and hard on this project. Commissioner Winton. And what's your timing on this? I mean, what -- how do you envision this playing out, and the role that the City will play here, Philip? 124 October 25, 2001 i 0 Mr, Blumberg: Our program is over the next 120 days. So over a very, very aggressive 4 -month schedule, we don't have time to waste. We want to get everything you see in that package done. With regard to the City, the funding is a critical aspect of it. But your personal energy and representation, as we bring businesses here and we talk to potential conventions, is critical. Leslie. Commissioner Regalado: Can I -- Commissioner Winton: Yes. Chairman Regalado: The City of Miami, I guess, was pioneer in doing something. The Commission deferred payments on the rent of several businesses that have leases or permits and deal with tourism. And then the City of Miami Beach followed and now Coral Gables have deferred payment on the Biltmore Hotel, which, I think, is something important, But you, as a Chamber, I think that you should help us. Because, for instance, we deferred payment on Bayside, but, yet, Bayside management has not reduced or decided to have some free time for parking to the people to bring people. I mean, we can't like bus or bring airplane loads of tourism because it's out of our control, but we can have the locals join into doing things that probably before they couldn't do. So, I mean, when -- it is an established marketing philosophy: "When things are bad, you advertise and when things are worse, you advertise more." My problem is that the industry needs to participate in these actions because -- I mean, we are going almost, for sure, to comply with the request. But we need people like Bayside. We have here Art Noriega from the Off -Street Parking. The City of Coral Gables just approved a waiver, a holiday waiver of the parking fees or parking meters for three more hours. And I think it's important that before you advertise, before you do anything public, you get the business establishment on your bandwagon, because it's something that we can offer to the people. Just, you know, say, "Come to Miami. I mean, it's very nice." I would hope that the airline industry will join in and have, you know, maybe "kids free" or whatever if you come to Miami; that the Museum of Science, that the Art Museum will say "Well, we're going to have a free day for locals and tourists." Because if we don't do an aggressive campaign, which becomes news in itself, you know, we are going to do this campaign quarter of a million dollars ($250,000), and it's going to be very nice, but it will not give you the results that we are all hoping for. So, I really think that -- I support Johnny's measure, but I think that we need to get the assurances from you that your members are going to do something for themselves because, if not, then it's going to be just a very nice campaign. Mr. Blumberg: You know, you're absolutely right. And let me give you a little further detail on the campaign. Commissioner Regalado, you are 100 right. You can advertise all you want, but if you make it hard to get there expensive, people aren't going to show up. This program is designed on three levels: One, to deal with our 3500 businesses. We're the 4'b largest metropolitan Chamber in the United States. We have a lot of businesses represented to deal with them on how to effectively deal in this environment. And what you're talking about for tourism, absolutely right. You've got to deal with parking, you've got to deal with your rates, and the hotels have brought rates down. But areas like Bayside and other tourist attractions need to deal with the cost of getting there. A second level is dealing at the State level. The State is spending monies through this emergency crisis. I see Luis Rojas here. We are -- in this program is to deal 125 October 25, 2001 • 0 with the State on making sure we get adequate cooperation and funding down here. We hope to multiply the 200,000 the Chamber's going to commit and, hopefully, the 50,000 from the City, into a lot more in terms of helping the State. Lastly -- and we also have trips planned to Washington, because Washington is allocating money. Lastly, one of the critical aspects is, we're facing higher unemployment. It has already moved up this quarter. We have got to deal with the folks who are going to be on the unemployment rolls, in both -- in finding ways, innovative ways, to either find them new jobs or find a safety net for them, and if that's a temporary displacement for workers, God, we hope so, but we've to deal with this on a long- term basis, and that's the third area. So, your area is number one. We've got to deal with our businesses on how to encourage them to respond reasonably, and that is part of it. But I know they've taken notes. I see Mary Lou has been taking notes on just those recommendations, and we invite each Commissioner to give us their thoughts on this, as well Commissioner Regalado: And I tell you something -- and I think it's important. I don't know how you're going to spend and match that money, if it is all going to be spent in advertising or any other campaign, or helping people that are unemployed. But I'll tell you something: I think that for downtown Miami and Coconut Grove, I will use some of that money to hire people that are unemployed and do something unique, in tens of dressing these people as a festive occasion and having these people, under supervision, put coins in parking meters of people that go to buy in stores in downtown and in Coconut Grove. People appreciate one lollipop, and a quarter won't do a lot for the people, but just the symbolism of giving thanks to the people that are visiting our stores. It would represent something that we want to participate as a government, as a Chamber. So, I -- you know, there are many ideas that could be implemented. But I think that if we don't come up with a massive campaign to attract customers, locally first, and then from other areas in Florida, that campaign is not going to have a lot of success, and I'm sure that it will. I hope that we could get from the state some of the money to advertise, probably in small towns, in Central Florida, or -- you know, that they know this name by heart and then -- but also, then, something to come to Miami and -- I think that that will be a success. I think that, if we are able to bring people down from Central Florida for a day or two, it would mean that people are coming back to Miami. And I just hope that some other governments will participate. I'm hurting for the taxi drivers. That is a crisis that, unfortunately, we cannot, as a City. deal with. But I think it's a problem because a happy taxi driver helps the economy a lot, but an angry taxi driver can drive people crazy and away. So, just that thought. Commissioner Winton: Well, a happy one must be a new phenomenon. I don't know that I've ever seen one of those. Commissioner Regalado: If they have rides, they'll be happy now. Commissioner Winton: They've had me many times. I don't know that I've ever met one of those. Vice Chairman Gort: I'd like to give you a suggestion. Today we approved -- we passed a resolution of a new marketing, an advertising that is -- what's the name of the strategy? I think that something that should be incorporated with this, and try to bring "Keep Miami Shining Under the Sun." I think it would be very important if we bring all these things together. They're 126 October 25, 2001 • 0 going to be making a presentation to the Greater Chamber of Commerce, and I think you should try to make this a part of that. Mr. Blumberg: Yes, it will be. (INAUDIBLE) we're aware of -- Commissioner Regalado: Mr. Chairman, the representative of J. Walter Thompson, which is the biggest ad agency, was here, and, probably, they can team up with the Chamber. Mr. Blumberg: Me and Ted work hand in hand. Commissioner Winton. I move. Vice Chairman Gort: Commissioner Teele Commissioner Winton: I'd like to make a motion. Vice Chairman Gort: There's a motion. Commissioner Winton: I'd like to make a motion, that the City Manager be directed to find $50,000 out of some City fund that could go towards this major project at the Greater .Miami Chamber of Commerce, which is the -- what's the technical? -- the Economic Generation and Recovery Stimulation Plan. Commissioner Tecle: Second the motion. Vice Chairman Gort: This is economic. It's been moved and second. Commissioner Teele: Discussion. Vice Chairman Gort: This is from the -- discussion. Mr. Gimenez: (INAUDIBLE) surplus. Commissioner Teele: Discussion. Mr. Chairman, first, I know the time is -- but it's rare that we've had the opportunity to consult with and to confer with the Chamber, and I'm sorry that that constant dialogue -- and I want to just pay tribute first to your staff, Mary Lou, who is always here, who is always representative. But what I have noticed, at least over the last four years since the economic crises, is there really has been somewhat of a disconnect, and I'm grateful that you've taken the time, as Chairman of the Chamber, and the brass, and the hierarchy. And 1, particularly, would compliment my colleague, Commissioner Winton, who, I think, is playing a very important role in restarting, rekindling that relationship. We cannot be the cornerstone City if we do not have a greater dialogue. And I think there are a lot -- we have a lot more in common. We have 90 percent more in common than we have in difference. One of the things that I think is very, very important in this context, however, is that I really do encourage the Chamber to host a workshop of some sort, so -- where we can all sort of roll up our sleeves and at least be a part. Not to try to formulate, but at least to try to get on page and on 127 October 25, 2001 • script. You know, there are two kinds of meetings: Usually, the meeting where the decision is made is five or six people, and that's the way it ought to be, probably. But then you need to have meetings where people can get on scrip and understand what it is, and I would welcome that. Let me tell you, though, what I think this underscores. And this doesn't really relate to you, but it does. I have enjoyed, immensely, my relationship of the two years now that Commissioner Winton has been here, but there are some serious philosophical discussions -- not "but." And there are some serious philosophical discussions that I learn from, but this is the thing that I want to say to Commissioner Winton, and the Chamber and the management now. I have taken the position in the past many times that I think, if we were back to zero -base budgeting, something that was done years ago -- if you erase everything and say, what is Miami and what should we be, and start from scratch, as compared to, you know, just adding something and taking it, 1 think, fundamentally, we've got to be a festival promotions community. And I know that Commissioner Winton and I haven't always agreed. I think we do our whole budget process wrong. I wish the Chief were here. Because I think the City of Miami Police Department, fundamentally, should be about keeping neighborhoods safe and promoting festivals. And, you know now that -- you know, we're saying now -- you know, just two months ago the big debate was are we going to get into the lock box, you know, up in -- everybody's worried about the lock box. Nobody give a -- because it's a fundamental shift in where we are. I want to raise -- appeal to your conscience, the Chamber, and Commissioner Winton, the management, is that we really need to look at what is the role of the City of Miami, in light of these new realities, crises and tragedies that bring this out. We should have an outstanding and a wonderful festival activity downtown in unique communities, Coconut Grove, Little Havana, Little Haiti, almost every week of the year, If we really want to maintain our predominance as a destination and as a fun place, not just for people from New York, but for people from Marco Island, or Naples, or Immokalee, or wherever else, because this is the place to go. And I think -- you know, this September I It" crises and tragedy really should force us to do some real thinking. I know we're dealing now with this immediately short-term issue. But I would suggest that one of the things our Police Department and our government should be in the business of, our public works and our Solid Waste, is promoting festivities, promoting culture, promoting tourism, promoting not just tourism but visitors, as a fundamental part of our budget. It is fundamentally unfair, every time we talk about having a parade or something, we have to come up with money to do it. I believe that parades and fun are just as much a part of what our core business should be about, as all the other things that we're supposedly engaged in. So, I use this opportunity to say, I'm with you, but I don't think this should be an emergency. I think we need to make a shift, a fundamental shift back to Jackie Gleason in the — what was that show that he had there on the beach? "The Honeymooners." We need to move back to -- a fundamental shift back to the future, if you will, and that's not a political statement, at all, about anybody. Because I could hear one guy saying, no. But the fact of the matter is, what you're doing and what you're saying, I agree with. But I don't think we ought to look at this as a 90 -day, 120 -day. Our goal should be have a fun time anytime you come to the City of Miami, because that's where our jobs are, that's where our capital is. It's in the name of Miami. And, so, I support this. I support it enthusiastically. But I also appeal to the Manager and the Budget Director and the Police Chief, we need to start looking at this, perhaps, in different eyes. And I'm going to bring this up a little bit later today. Mr. Blumberg: A workshop convention is long overdue. (INAUDIBLE). 128 October 25, 2001 0 i Commissioner Sanchez: Long overdue. Commissioner Winton: Anything else? Vice Chairman Gort: Nope. Commissioner Winton: Call the question Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1152 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF BUDGET SURPLUS FUNDS, IN THE AMOUNT OF $50,000, IN SUPPORT OF THE GREATER MIAMI CHAMBER OF COMMERCE ECONOMIC GENERATION AND RECOVERY PLAN ESTABLISHED TO ASSIST IN THE STIMULATION OF THE ECONOMY OF MIAMI-DADE COUNTY AND SOUTH FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH THE CHAMBER OF COMMERCE FOR SAID PURPOSE. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None Mr, Blumberg: Thank you very much. Vice Chairman Gort: Thank you. Commissioner Regalado: And one thing -- Vice Chairman Gort: It's been a pleasure to work with you all. 129 October 25, 2001 Commissioner Regalado: Mr. Chairman, one thing. Vice Chairman Gort: (INAUDIBLE) is good in putting festivals together, so we can -- you'll be the chairperson. Commissioner Regalado: The City of Miami has a proposed bond issue on the 13th of November in the runoff election. We are told that at least thirty millions could be free by April of next year, if the voters were to approve. That, in itself, will be a shot in the arm to the economy. So, I think, as part of your program, the Chamber should or could endorse the bond issue and have its members living in the City of Miami to participate as voters, because it's part of the recovery. Mr. Blumberg: You are absolutely right, that is part of our plan. And you can feel very comfortable. The Chamber is 100 percent behind that bond issue as a stimulus, which is needed badly. Commissioner Winton: I'm sorry. What did you say, Philip? Mr. Blumberg I said the Chamber is 100 percent behind the bond issue, and that is -- Commissioner Winton: And a resolution's coming out from the Chamber in that regard, as well. Mr. Blumberg: You will have a resolution from the Chamber, Commissioner Regalado, confirming our support. Commissioner Winton: And we already have a resolution from the Chamber in support of the Charter changes and the economic development tool, right? Vice Chairman Gort: You should make sure your 3500 members, they're aware of the importance of this bond issue. It's not only to fix the infrastructure, but to move the economy in the City. Thank you. You all have a good day now. Commissioner Winton: Thank you all for coming. Appreciate it. Commissioner Teele: Call the question Vice Chairman Gort: We did. Commissioner Sanchez: No, you didn't Vice Chairman Gort: Yes. Commissioner Teele: No, we didn't Vice Chairman Gort: All in favor state it by saying "aye." 130 October 25, 2001 The Commission (Collectively): Aye. 131 October 25, 2001 Commissioner Regalado: Mr. Chairman. Vice Chairman Gort: Yes. Commissioner Regalado: I have an amendment of the resolution that was passed by the City Commission, to clarify that the rent payment deferment applies also to those tourisin-related businesses that pay to the City of Miami license fees and dockage fees for the use of City of Miami real property. This was suggested by the City Attorney and, I guess, the Manager, because it wasn't clear who could benefit. But since we said that those businesses impacted by the loss in tourism will get rent deferrals, then we need to pass this. So, I move this amendment to resolution 01-996. Commissioner Winton: Second. Commissioner Sanchez: Second Vice Chairman Gort: It's been moved and second. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 01-1153 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 01-996 WHICH AUTHORIZED A GRANT OF RENT PAYMENT DEFERMENT TO THOSE TOURISM RELATED BUSINESSES THAT LEASE REAL PROPERTY FROM THE CITY OF MIAMI AND HAVE BEEN SIGNIFICANTLY IMAPCTED BY THE LOSS IN TOURISM IN THE FALLOUT OF THE SEPTEMBER 11, 2001 TERRORISM STRIKES, THEREBY ALSO GRANTING DEFERMENTS FOR PAYMENTS OF LICENSE FEES AND MOORAGE AND DOCKAGE FEES TO THOSE TOURISM RELATED BUSINESSES THAT LEASE REAL PROPERTY FROM THE CITY OF MIAMI. 132 October 25, 2001 i 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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 133 October 25, 2001 0 0 51 : DISCUSS # , CQNCEE ,O I E� £ €I;EASv 3'4?NT <lhdi,'j Commissioner Winton: Thirty-three. Commissioner Sanchez: No, 32. We haven't discussed 32, Mr. Chairman. Thirty-two. Commissioner Teele: Could we hold that item just for a minute? Commissioner Sanchez: Sure. Commissioner Winton: Thirty-two? Commissioner Sanchez: Moving on to 33. Discussion concerning the Coconut Grove Playhouse, and the potential lease and redevelopment of appropriated areas of the site. Dena Bianchino: Good afternoon. Dena Bianchino, Assistant City Manager. Several months ago our City Manager was approached by State Representative Manuel Priegus (Phonetic) about the potential of the city partnering with the Coconut Grove Playhouse, and serving as the developer for the undeveloped area, which would be the current parking areas. rust to give you a status report, we are looking at the feasibility of doing a development on that site; trying to determine whether it's financially in the City's best interest to do it. In other words, whether it's going to generate enough money for us to make it worthwhile. The things that we're working on right now is -- Commissioner Winton: Dena, could I correct you for a minute there? I think what you're really looking at right now is to determine whether or not and what the risks associated with the City are if it were to take control of the site, not the development of the site yet. Carlos Gimenez (City Manager): That's correct. We wanted -- (INAUDIBLE) downsize in terms of the Playhouse property. Commissioner Winton: Because the State's trying to transfer the control of the site to the City of Miami. The development comes after you figure out whether or not we even want to accept the site. Ms. Bianchino: I spoke with Representative Priegus this morning. He wanted to talk — for me to convey to you, based on what's in the newspaper today that that is not necessarily the way it's going to go with the universities. But what he's talking about is not giving the City anything to do with the Playhouse itself. The Playhouse would remain completely separate. We would have no liability, no responsibility, no maintenance, and that is why we're trying to work with separating the actual building from the parking area. So that's -- we have gone on record with them saying that we don't want to get in the middle of the State and the Playhouse. That's a separate issue. So, we're continuing to work with Representative Priegus. Our initial evaluation is that this may not be worth it, but I'm not prepared here to tell you that today. And we'll get back to you when we have more information on the matter. 134 October 25, 2001 0 • Commissioner Sanchez: OK. Vice Chairman Gort: Thank you. Which item is the -- Commissioner Regalado: So, why -- the story in the paper says that either FIU (Florida International University) or UM (University of Miami) are going to enter into a contract. Is that for the management of the Playhouse or also the parking lot? Ms. Bianchino: I think those details haven't been worked out yet. I think — I will tell you that I think that the people from the Playhouse board would like it to be the entire site. What Representative Priegus has been thinking maybe something different than that would meet the requirement. Commissioner Winton: Except, though, that from my personal viewpoint -- and I do have the ability to weigh in on this, including with Manny. I'm not, at all, opposed to this concept. In fact, I'm frankly thrilled by the idea that the universities have stepped to the plate here. And if we could end up getting a real joint venture relationship established with the Coconut Grove Playhouse and one of the major local universities -- Vice Chairman Gort: It would be great. Commissioner Winton: -- for both the Playhouse and the site, that's by far and away the best win for our community. So, I'm hoping that they are successful at doing something like that. Commissioner Regalado: And my only concern is a very minor detail. The parking lot of the Coconut Grove Playhouse is a shame. It has been a shame for years. And, you know, it doesn't look good on the City. It doesn't look -- it would not look good on UM or FIU, whoever. Whatever happens -- I think that we should start like -- whoever takes over -- and I don't know how long is that process. But the least that they can do is to fix that parking lot, because -- 1 mean -- you know, you have to jump from one pothole to another one. It's supposed to be the grand dame of the arts in the City of Miami, and to get there is — I mean, it's -- because, I mean, the parking lot at the Arena, I mean, you go to basketball games and that and you can -- you go sporty. But on the parking lot -- Art Noriega: No -- I'm Art Noriega, Executive Director. Commissioner Regalado: It's not your fault, I guess. Mr. Noriega: No, no. You know, we have a management agreement with the State of Florida to manage that parking lot, and we have a minimum commitment, that we would turn to them on an annual basis. That lot is, at best, a break-even operation. And we've tried for many years to try to get some of the money kicked back into improving the lot. We've spent some money out of our own pockets just to resurface the lot and patch some of the holes, but because of the tight budget issues they had, in terms of the Playhouse, and now especially in light of the half a million dollars ($500,000) that they had taken out of the State budget, they do not want to put a penny into the lot. And, you know, their plan has always been to redevelop that site. So, we're 135 October 25, 2001 0 0 sort of -- our hands are tied, because as a management agent, we can't transfer funds for capital expense. So, yeah -- in any way we can, we try to encourage it, but -- Vice Chairman Gort: Thank you. Commissioner Regalado: But that's what I'm saying, whoever -- I mean, whenever, whoever, they've got to do something about that. I mean, it's not your fault, but they've got to do something to -- Vice Chairman Gort: OK. Thank you. 136 October 25, 2001 0 0 2 IDIS 1,C XTY ATTQ, `i3 I`t C'E 1NVTIOI�Cf'O'E CiDUCT IE�rATG `AI::EC�AT�ol�� �Afi�E 13� M� �iATT �;' V�1 LL�s ; �E�AT�I��` VETO RESC�J PST=HENT Commissioner Winton. Thirty-four is deferred. Thirty-five? Carlos Gimenez (City Manager): If you want to take up 35, we can do that, also. Commissioner Winton: Hattie Willis. Vice Chairman Gort: Yes. Ms. Willis. Commissioner Winton: She started all the excitement last time. Hattie Willis: My name is Hattie Willis. I'm the President of Communities United. And my address is 5510 Northwest 1St Avenue, Miami, Florida. First, before I do my presentation on what I'm here, Commissioner Gort, I just want to say this to you. I'm a citizen saying this to you. It's truly been a pleasure and an honor working with you. I remember the first time I walked up to this podium; I saw emotion, a real person, like Ronda said. Tears was in your eyes when I talked about the little girl being raped. And you sent out a personal letter to my office and said, "If there's anything that I can do to help you in the endeavor, just let me know, and I'll be willing to work, Commissioner Teele." And you've truly shown you're a humanitarian, as well as your leadership skills. And you've always done exactly what you said you were going to do. And I appreciate that. And I don't know who's going to sit in that chair, but I hope they bring the same kind of dignity, and respect and all the things that you've brought to the City. And I thank you for that. Vice Chairman Gort: Thank you. Ms. Willis: OK. And I want to thank you guys for this, because I wasn't here this morning to receive it, and I appreciate this, too, as well. OK. And thank you very much. Today I came before you -- and I'm just coming back to get an update on the Fire Department and what they have done in order to take care of the complaints that they're getting from the community, from the citizens. It's sad to say to me that in the last month, I just, as a matter of fact went and picked up a copy of all of the complaints that's come from them for the last year. Within the last three weeks since I left you, they've gotten at least 13 to 14, and it seems to me that they haven't changed any procedures, as the Chief stated that they would. Now, I now that everything can't be done overnight. But as far as I'm concerned, there can be some educational courses on how the officers should behave with the citizens in the community. I have 13 or 14 complaints here, nasty behavior, rudeness to the community. This is on record with the City, and you can look them up. This is not about me. The only thing is that I'm saying that I'm the watchdog for the community, and until this issue is resolved and something is changed inside of that Fire Department, I'm going to be here on a monthly basis checking to find out has something done. And right now, I'm suggesting to this Commission, as well as my Commissioner that we really need to get an outside investigation into this, because I don't think it's being handled 137 October 25, 2001 0 • appropriately by the City Manager or the Chief of Police. And in the City of Miami, the good old -- Commissioner Teele: Are you saying the police? Ms. Willis: I'm sorry. The Fire Department. I'm sorry. And in the City of Miami, we've got to make some changes. One of -- I saw a presentation that you were at, Commissioner Gort, with a panel of other mayoral candidates. And one of the things that they said was change needs to be brought to the City, and the good old boy days need to be over. And if that's hard, I'm sorry. But I'm -- I am very sick of my community, the City of Miami, the most wonderful place in the United States that I think to be a part of, to be the laughing stock and to be so disrespected, and dishonorable in the behavior that is displayed inside the Fire Department, the Police Department. I don't want to watch that on TV anymore. I want to be proud to live in Miami. So what I'm asking is, I need to see something happening. And I haven't seen anything happening. Like I said, it's a short period of time, but there could have been some things that have been done. And that's my point. What has been done? Vice Chairman Gort: OK, ma'am. Mr. Bryson. William Bryson (Chief of Fire Dept.): William Bryson, Fire Chief. Actually, today's agenda item is about the Willis complaint, specifically. And we have completed the investigation. We were to report back to you today. Our report is that the officer involved did make one violation by not giving his name and rank when asked. He was formally counseled for that. Based upon his record, his background, et cetera, was disciplined. The rest of the allegations could not be substantiated with a process that involved nine interviewees. All the documents were reviewed, and that's the best we can do. Now, Ms. Willis is going to the Civil Service Board to ask for an investigation. I hope it happens, because I think that would give you an outside look at what our investigation revealed. And as far as the rest of what Ms. Willis is interested in, you gave us 60 days. We have done a lot of things, but we've not revealed them with a complaint process where we log every complaint. We have a procedure. We have time limits. We're doing a much better job. As far as the 13, 14 complaints that Ms. Willis is referring to, those are year-to-date complaints for this year. Prior to that, Ms. Willis asked for two years of complaints, '99 and 2000. This is actually 2001. So that's our report. Vice Chairman Gort: Thank you. Commissioner Winton: So there's 13 complaints over what period of time? Chief Bryson: Well, I guess ten months. Ms. Willis: No, that's not true, sir. I have them here. That's not true. I have them here. Commissioner Winton: And what do you think the truth is? Ms. Willis: Pardon me? 138 October 25, 2001 L u Commissioner Winton: Well, what time frame are you suggesting they're covering. Ms. Willis: I'm time -framing the month that I've been away from this podium. Vice Chairman Gort: Ms. Willis, you have to speak in the mike, please. Ms. Willis: Oh, I'm sorry. The month that I've been away -- they're here. I mean, I can give them to you. I went to his office and picked them up. Commissioner Teele: You're saying there are 13 complaints in the last 60 days? Ms. Willis: In the last -- in the last 60 days. I have them here, Commissioner. Would you like me to bring them up? Commissioner Teele: Well, why don't you give them to the Attorney. And let's -- why don't we at least agree on something. The Chief is saying this is 13, year-to-date, which would be over the last ten months. And you're saying last 60 days. Ms. Willis: Who is the -- Where is the Attorney? Commissioner Teele: So ask the Attorney, because the thing that we cannot do is -- We're not an investigative body. And obviously, we can't investigate ourselves if we've got this kind of complaint going back and forth. Ms. Willis: And when you're looking at them, read what they say. They're ugly. Commissioner Teele: Well, the thing that bothered me most -- because I don't think there's any argument about this. A police officer, a fire fighter, anybody who works for the City of Miami, if you call my office, I tell everybody, tell people who you are. Anybody who answers a telephone in government should identify themselves when they answer the phone, you know. Fire Department, this is Officer Joe Blow. Commissioner Teele's office, Mary Sue speaking. I mean, it bothers me if somebody is hiding behind a badge or a governmental -- Now, has the big issue, when you were here before that bothered me -- and I don't mean to disrespect you by saying the bodily damages and those -- because that was -- one side was saying one thing. You were saying different. And it is difficult to determine who's telling the truth, although I think there is a way to do that. But if a person doesn't give their name -- Now, was that issue ever dealt with, that an officer -- a fire fighter would not reveal who he is or who she was? Ms. Willis: What was dealt with, with the Chief is what he said, which I totally disagree. And like I said, it's OK, because this is what he did. He didn't deal with anything. What he said was Commissioner Teele: No, no, no. But was that substantiated? Ms. Willis: No. He said that that happened, and what his discipline action was -- 139 October 25, 2001. 0 • Commissioner Teele: So that was substantiated. Ms. Willis: Right. It was substantiated. Commissioner Teele: Now, subsequent to you coming here, has that been reported by anybody, people not giving their names? Ms. Willis: On those, it's plenty of them, not giving their names, rude, nasty behavior, cursing out the people. Commissioner Teele: Mr. Attorney, are there people in there that allegedly don't give their names? Alejandro Vilarello (City Attorney): I haven't had a chance to do more than take a look at the dates of the complaints, and these date back to January of 2001. And there's a couple here that are in 2000. But I haven't had a chance to look at that detail. I'll look at that as I go through them. Commissioner Teele: So those complaints go back all the way to January. Well, it'll be -- it'll be hard to say that 13 complaints for a year is not -- given the number of services, is not -- Ms. Willis: No, that's not 13 complaints, Commissioner. No. He needs to count those. That's not 13. I said I think it's about 13 in the last 60 days. I didn't say it was -- Commissioner Winton: Well, but you gave him -- We asked you to give him the 13. And what did you give him? Ms. Willis: No, I gave him the whole thing of what was there. Commissioner Teele: She gave him her whole file. Ms. Willis: I gave him everything. I didn't just give him it. I gave him all of it. Chief Bryson: Commissioners, what Chief Kemp just told me was the package we gave Ms. Willis was for the year. We didn't know if there was 13, 20 or 25. So I could be wrong on 13. What I know is what she asked us to deliver to her recently was the package for 2001. And that's what we did. Commissioner Teele: Chief, to your knowledge, year-to-date, roughly how many complaints have been referred for formal action in your department? Chief Bryson: In all honesty, Commissioner, I'd have a real hard time telling you that at this point. From here on out, it'd be very easy, because of the database we're putting together. But a lot of them were coming in, like I told you two days ago, to different locations in the department. We've centralized that now to my office, so it's very easy to tell you. I will tell you this: That since we were here about 30 days ago, I have logged in everything from a verbal to a written 140 October 25, 2001 0 . complaint in any way, shape or form, and it has been about six or seven in that time period, which is more than I would ever have imagined. But many of them are things like the way somebody answers the phone. Commissioner Teele: Right. Ms. Willis: Commissioner, question. This is the question, and this is what you guys need to be evaluating: How many of these complaints, regardless of how many you got, that Chief Bryson decided -- that he decided, ultimate power -- that they didn't need to be investigated by Management Services? That's the point. It's not about the complaints. It's about the people's complaints not being heard. You are here for the people to be heard. If he's not sending the complaints to Management Services to have them investigated -- The only reason mine was investigated because I made such a "brouhaha." He didn't have them investigate it. That's the point. People's complaints are coming in. He is having ultimate power. He is saying, "I don't want anything done about them. I believe what the fireman said," and throwing it under the table. The bottom line was --Commissioner Winton had said this the last time. Commissioner Teele: I don't believe that. C don't -- Commissioner Sanchez: Ms. Willis -- Ms. Willis: Commissioner Winton said this the last time. It should be an outside person determining, because favoritism will be shown if you are working with an individual and you say you know them for 20 or 30 years. This is the point I'm making. And I don't mean he's throwing them -- I take that back -- throwing them under the table. What I mean is making the determination that they shouldn't be investigated, and that's what I mean. It should be somebody else doing that. Vice Chairman Gort: Ms. Willis, let me ask you a question. When a complaint comes to your office, what's the procedure? Chief Bryson: The procedure whenever I get a complaint -- and I told you before, prior to this, I didn't get every complaint. Some of them went to different divisions, were handled in different ways. I centralized that. But my procedure -- and this will make you very happy -- is that whenever I get a complaint, it goes right to Management Services to be investigated. One central spot. That's what happens. Ms. Willis: Now, Chief Bryson: Now. That's what happens. Vice Chairman Gort: Do you mean to tell me that before, we didn't have a -- Commissioner Winton: That's what's going to happen now. Ms. Willis: Now. 141 October 25, 2001 Chief Bryson: Before, what happened was many times, the emergency response, for instance would get a call, instead of it going to my office, and they would handle it themselves through the EMS (Emergency Management Services) captains, or the EMS Chief over there by calling the citizen, rectifying it as best they could, having them file a complaint, if necessary. And that was the quickest and easiest way to handle it up to a point. The problem with that was there wasn't a central tracking process. I didn't know about every complaint. Just like Ms. Willis'. Hers came in, actually, through Captain Dunn, the Emergency Response Division. It went through the Emergency Response Division, and I didn't hear about it until September the 7`11. It happened August the 15"' or August the 13th. So there was a good point I brought up last time that helped us correct our internal procedures. Commissioner Sanchez: Mr. Chairman. Vice Chairman Gort: Yes. Commissioner Sanchez: Just one question. How many complaints do we have there, average? Commissioner Teele: He doesn't know. He can't know if he Chief Bryson: I can tell you for '99 and 2000, we averaged about 43 each year. Commissioner Sanchez: How many calls? Break it down into a ratio. What would it be? One complaint for what? Chief Bryson: 77,000 calls a year. Commissioner Winton: Chief, look, do me a favor. Commissioner Sanchez: No, no. Wait, wait, wait, Johnny, please. Mr. Gimenez: It's less than one complaint per thousand calls. Commissioner Sanchez: OK. One complaint. But that one complaint is still one complaint. And every citizen has the right to come here and say, hey, listen; I don't like the service for whatever. But take into consideration one complaint for a thousand calls. The Chief has made it very clear that before, before you addressed the problem, the complaints weren't coming to him. They were going to other Chiefs or the other stations throughout. He has changed the process. So we're making progress. Maybe it's not as fast as you would like, but at least we're making progress. He -- Now, all the complaints go to the Chief, and at least, you know, I'm glad to hear that the Chief has said: Listen, we've investigated, because one complaint, no matter one ratio out of a million, it's still one complaint. We're going to look at it. They've looked at it. The gentleman apparently absolutely did not state his name, as he has to state his name to whoever asks for his, you know, his name, or I.D. or whatever, and he didn't do. Well, he's been reprimanded for that. So I think that the process, we're changing the process here. Maybe you're not content with the changes. Maybe you would want more changes. But you know, one 142 October 25, 2001 thing that we can't have is,, you know -- and although one complaint is bad, I'm sitting here and I'm going, you know, throughout the United States, fire fighters are being seen as heroes now. And here we are in the City of Miami taking on this issue, two Commission meetings already where -- where I would say if we weren't making progress, Ms. Willis, I would sit right -- stand next to you right there and complain with you. But we're making progress here. And I think that if we continue to do that and the Chief is willing to work on that to make progress here -- but look at the ratio. One to a thousand complaints. Ms. Willis: Commissioner, may I say something to you? I want you to -- I gave everyone up there a portfolio. And I want you to sit down and actually read what is there. It's very sad when you speak out loud and you really don't know what you're saying. And I'm sorry about that, and I apologize. I see it a lot of times, where the politicians will get up and they'll say something, and then two weeks or four weeks later, this terrible thing comes on television out loud, and everybody sees you, and you did something, and you really didn't mean to do it. You're one of the nicest people that I know. I'm telling you that you've been bamboozled. I'm telling you that it's people inside of that Fire Department that know what's going on in there, and you need to recognize and do something to investigate. And I'm also telling you that if you read what I gave you, you will find out that ESM complaints is half of what the Chief stated, if he tells you, and only some of those are ones that he transports. In other words, the Fire Department gets 70,000 calls, OK? Now, I want you to understand what I'm saying. They get 70,000 calls. He's absolutely right. Now, ask him how many of those are ESM? And what I mean is people going to the hospital. And then ask him how many of those they don't transport. Then what I want to say to you is, call up the County, Dade County, and ask them how many complaints they have in the run of a year. And then it's OK, because we're going to close this chapter. I've come before you respectably, and you're absolutely right. Fire Department are heroes right now, and I want them to be heroes. But what I want is my Fire Department to be an honest Fire Department. OK? Commissioner Sanchez: And I agree with you, Ms. Willis. Ms. Willis: OK. Commissioner Sanchez: But let me just say something, When you talk about Rescue, and you call Rescue, Rescue comes to your house; you're in a situation where you're hurt, you can't say, hey, I want to go to this hospital. They -- some professional has to make that determination to decide to get you to the quickest hospital, because you may want to go to the farthest hospital, and you may not reach the farthest hospital, because of the situation you're in. And thein it puts us in a situation. But, now, profanity, we're not going to tolerate. Abuse, we're not going to tolerate. And, you know, profanity or not giving you the name, that's fine. But I mean -- Ms. Willis: Right. Take me out of this, Commissioner Sanchez, please. Read the complaints. There's other people there that live in other communities. Take -- Commissioner Sanchez: I mean, I was a state trooper for 11 years. Ms. Willis: Take me out. Take me out of this. 143 October 25, 2001 Commissioner Sanchez: And I guarantee you, when I wrote somebody a ticket, although I tried to do it in the most professional manner I could, and I wanted them to leave content with my service, I guarantee you, when they got back in their car, they said, "What a professional, but he still wrote me a ticket." Ms. Willis: OK. OK. Commissioner Sanchez: Mr. Chairman. Vice Chairman Gort: Well, I'll tell you, one thing you need to look at is where are the complaints being derived, and what neighborhoods. And that's the question. Commissioner Teele. Commissioner Teele: Mr. Chairman, Commissioner Sanchez makes a point that this whole thing, as I pointed before, makes me very -- I mean, this is a point in our country where there's never been more support by the public for our professionals. And this picture doesn't look right, and it doesn't feel right. On the other hand, without regard to how it looks or feels, we cannot allow, as government officials, a wrong to be committed, even if it's committed by a green beret who just got the Medal of Honor, individually. Somewhere here, we've got some problems. The thing that bothers me very clearly is we have a City, and now we're hearing for the first time that we're changing and getting control over complaints. That's wrong. And I hope, Mr. Manager that strikes you as being wrong, because it means that we haven't had control over our complaints for the last few years. That's what this is saying, number one. Number two, the issue of what the Fire Chief said last month, the more I thought about it and the more I slept on it, the more repulsive it is to me. When a person is being taken -- their word is being taken, based on the fact that "I know him and I don't know her," or "I know her and I don't know him," it's wrong. I don't care -- it's all right to weigh a person's record. It's all right to weigh a person's service. It's human nature. But somehow, we have to have a process that a member of the public can get a fair hearing. Otherwise, by definition, everybody who makes a complaint is not going to get a fair hearing. The idea of a fair hearing is that you go there and you are heard without regard to whether the person knows you or they know the other side. And the Chief said before, "I know the officer and I don't think he would do that." Well, that may be human nature, but that's not the way our process should work. So my view is this: We cannot resolve this issue in this forum, and all we're going to do is get some hard feelings and sent back and forth. I move that the City Attorney be instructed to cause -- C -A -U -S -E -- not that you do it, Mr. Attorney. If you go to a judge, a retired judge, if you bring in an outside law firm, if you take it to another investigative agency, that's your call. But you cause an investigation, and you report back to us within 180 days on this matter. And I'm specifically requesting that you work with the Chief and with the Manager to see how we can put people under oath, because what bothers me about this -- Ms. Willis, have you been put under oath yet? Ms. Willis: No, sir. Commissioner Teele: Chief, have the officers involved in this been put under oath? 144 October 25, 2001 0 i Chief Bryson: No, sir. We don't have the ability to do that. Commissioner Teele: OK. And what bothers me, what bothers me is somebody ought to care enough about something like this, if it comes down here this much and it's going to take up our time, to try to figure out whose telling the truth and who's not telling the truth. Somebody's lying. With all due respect, Ms. Willis, I know you, but I can't say that I believe you over the fire fighter, OK? And I don't know him. I'm not prepared to say that. And I represent you, and I want your vote, too. Ms. Willis: And I respect that. Commissioner Teele: But I still am not going to say to you that I believe you and I don't believe the other gentlemen. But somebody needs to figure out and weigh this evidence objectively. And I think every citizen who petitions their government to make a complaint is entitled to at least a fair hearing and some form of evaluation that's not based upon who is a member of the club, whether or not you're an airborne ranger. The one thing that you knew in the military is if you were airborne and a non -airborne person made a complaint against you, or if you were a ranger or Special Forces, you knew that it didn't matter one bit whether you were an airborne ranger and you weren't an airborne ranger. You know, that commander was going to refer it out to a jag officer, and they were not going to -- you could have just eaten 12 snakes and swallowed four alligators. It didn't matter. You were going to have to tell the truth. And that's what we've got to put very clear in this City, is there are good people, and we don't need to indict good people. 99.9 percent of the fire fighters, I'm confident, are outstanding fire fighters. But that does not mean that they're entitled to every presumption that they're telling the truth and the citizen is not. And I think we need to at least exhibit to the public that we are going to be fair here. And so my motion would be to ask the City Attorney to cause an investigation of this particular incident, and to work with the processes to get everybody under oath and to report back to us within 180 days. That would be my motion. Commissioner Sanchez: That would be Ms. Willis' incident. Commissioner Teele: As it relates to Ms. Willis' case, and further, to make any recommendations on procedure and process as you may determine. Vice Chairman Gort: OK. There's a motion. Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: Second, Discussion. Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 145 October 25, 2001 • The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-1154 A MOTION INSTRUCTING THE CITY ATTORNEY TO CAUSE AN INVESTIGATION, TO BE CONDUCTED BY EITHER A RETIRED JUDGE, AN OUTSIDE LAW FIRM OR INVESTIGATIVE AGENCY, WITH THE INVOLVED PARTIES BEING SWORN UNDER OATH, REGARDING ALLEGATIONS MADE BY MS. HATTIE WILLIS, RELATED TO THE FIRE - RESCUE DEPARTMENT; FURTHER INSTRUCTING THE CITY ATTORNEY TO RETURN IN 180 DAYS WITH A RECOMMENDATION ON MS. WILLIS' CASE AND ON PROCEDURAL AND PROCESS ISSUES, AS MAY BE DETERMINED. 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. Commissioner Johnny L. Winton NAYS: None ABSENT: None Mr. Vilarello: Mr. Chairman, if I could just quickly report that we have approximately about 15 complaints, and they range back to January of 2001. There are approximately eight or nine since August. Some of them involve verbal abuse. Some of them involve other complaints, but there are a variety of those complaints. But the response was inclusive back to the beginning of the year, and some of these are back in December. But there are quite a few, eight or nine since August. Commissioner Teele: Mr. Attorney, I want to be very clear. I'm not asking for an investigation of the Fire Department. I am asking for an investigation of this incident, and I'm asking for recommendations regarding how any processes, improvements or changes could be recommended to prevent these types of matters from having the necessity of having to come to the City Commission. Vice Chairman Gort: OK. Thank you. Thank you, Chief. Ms. Willis: Thank you. 146 October 25, 2001 Vice Chairman Gort: What other items do we have to discuss before we go into the bond? Commissioner Teele: We still have the PZ (Planning and Zoning) items today, remember? Vice Chairman Gort: Yeah, I know. Commissioner Tecle: Could we just do the PZ items so that we could get them out of the way? Vice Chairman Gort: Let's do it. Commissioner Teele: Any deferrals -- that's a good time for deferrals. Note for the Record: At this point, the City Commission closes consideration of the regular portion of the agenda to consider items from the Planning and Zoning portion of the agenda Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo, with offices at 2500 First Union Financial Center. I'm here with Mr. Gibbs, and I don't know where he has gone. But we're together here on the last item of your P&Z agenda, Item 17, I believe it is, the Ransom School Appeal, and we would like that to be continued to January, to your January P&Z meeting. Commissioner Sanchez: So moved. Commissioner Teele: Second, Mr. Chairman, defer to January PZ -17, without the requirement of additional notice. Vice Chairman Gort: You guys are going to have to have your pictures taken together. Commissioner Winton: PZ -17? Commissioner Teele: Huh? Commissioner Winton: PZ -17? Vice Chairman Gort: Which is this? Commissioner Teele: Did you say PZ -17? Ms. Garcia -Toledo: I think it's 17, yes. Tucker Gibbs: It's 17. 147 October 25, 2001 Commissioner Regalado: It's 17, yes. Mr. Gibbs: It's the last item on the agenda. Commissioner Regalado: It's 17. Joel Maxwell (Deputy City Attorney): On that item, Mr. Chairman, could I get the counsel for both parties just to -- Vice Chairman Gort: You have to be sworn in for asking for a deferral? Commissioner Teele: Not normally. Mr. Maxwell: All parties should -- but I would like them to be sworn in prior to -- Vice Chairman Gort: At this time, anyone that's going to make any statement in any of the zoning items, they need to be sworn in, anyone. Please stand and raise your right hand, anyone that's going to testify in any of the zoning hearing. AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED UNDER CITY CODE SECTION 62-1 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES Mr. Maxwell: Mr. Chairman, I would like Mr. Gibbs and Ms. Garcia -Toledo to reconfirm on the record that they have waived all time limitations in the City Code and other regulations regarding this application and this appeal. Ms. Garcia -Toledo: So waived. Mr. Gibbs: So waived. Mr. Maxwell: Thank you. Commissioner Teele: Call the question. Vice Chairman Gort: All in favor state it by saying "Aye." The Commission (Collectively): Aye. 148 October 25, 2001 The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO, 01-1155 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ -17 (APPEAL OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD DECISION WHICH APPROVED CERTIFICATE OF APPROVAL FOR REMOVAL AND RELOCATION OF TREES OF INSTALLATION OF PLAYING FIELD AT RANSOM EVERGLADES SCHOOL, 2015 SOUTH BAYSHORE DRIVE) TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 24, 2002. Upon being seconded by Commissioner Teele, 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. Commissioner Johnny L. Winton NAYS: None ABSENT: None Vice Chairman Gort: Thank you. 149 October 25, 2001 0 Sa Q T�"CON910 iT TT N €OF PR R n a ? o N € ON ,PINANQETO PR.`Q!T;0A0DIIOiAa :,Q7TDOO`R:AIERTT STGNV'IIN AIN Commissioner Teele: Isn't there a request from staff to defer -- Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -12 Commissioner Teele: Move to defer PZ -12. Commissioner Sanchez: Second Vice Chairman Gort: It's been moved and seconded. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-1156 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ -12 (PROPOSED ORDINANCE ON FIRST READING TO AMEND ZONING ORDINANCE 11000 TO PROHIBIT ADDITIONAL OUTDOOR ADVERTISING SIGNS WITHIN THE BOUNDARIES OF THE CITY OF MIAMI). Upon being seconded by Commissioner Sanchez, 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. Commissioner Johnny L. Winton NAYS: None ABSENT: None 150 October 25, 2001 Vice Chairman Gort: Any other items? Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -1 is a major use special permit for the Biscayne Village Project. It is located on Biscayne Boulevard, between 19"' and 20" Terrace. The Department is recommending approval with conditions. This is a project that will be a mixed-use development project, which will have 437 residential units, 19,400 square feet of retail space, located along Biscayne Boulevard (unintelligible), and 701 parking spaces. It was recommended for approval by the Planning Advisory Board. It was recommended for approval by the Urban Development Review Board and by staff for design. This is a project we worked very closely with the developer over a period of maybe a year, a bit less -- Vicky Garcia -Toledo: A year and a half. Ms. Slazyk: -- in trying to get the right mix of uses, the right residential project. This is providing different residential unit types, which is very unique for a downtown -- near downtown project. It's got (unintelligible) retail component. It's got walk up garden apartments opening right up onto the street, and a residential tower. We recommend approval, with the standard conditions that we recommend on a major use special permit. The important one here is their parking plan for the construction for the employees while the building is under construction, to be reviewed and approved by the Department, including the operational plan and an enforcement policy. The other thing that's important to note about this project is that as proposed, this project proposes to open up on Bayshore Drive, which this section on Bayshore Drive is closed today. This is very important to the City, because we'll have that link of Bayshore Drive forever. So we recommend approval. Vice Chairman Gort: Thank you. Is anyone in opposition to item 1? Is anyone in opposition to this item? Commissioner Winton: Move recommendation from staff. Commissioner Sanchez: Second with conditions. Vice Chairman Gort: There's a motion to move. There's a second. Any further discussion? Being none, all in favor, state it by saying "aye." 151 October 25, 2001 The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1157 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 BISCAYNE VILLAGE PROJECT TO BE LOCATED AT APPROXIMATELY 311, 323 AND 405 NE 19TH STREET; 304, 331, 334, 340, 354, 357, 362, 365, 367, 372, 375 AND 391 NE 20Th STREET; 322, 340 AND 360 NE 20TH TERRACE; 2010 NORTH BAYSHORE DRIVE AND 1917 AND 2025 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE COMPRISED OF A RESIDENTIAL COMPLEX, WITH NOT MORE THAN 437 UNITS, ACCESSORY RECREATIONAL SPACE, 19,400 SQUARE FEET OF RETAIL USES AND 701 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 Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None Vice Chairman Gort: Great presentation. Thank you, ma'am. Item 2. Ms. Slazyk: Thank you. Commissioner Winton: And I would say, for the benefit of all the development community out there, this development team has worked very closely with the City staff -- very closely with the City staff, and I think that's how we got to PZ -1 item here, and it took five minutes instead of five hours. 152 October 25, 2001 0 • Commissioner Sanchez: Thank you for your professionalism. Unidentified Speaker. Mayor, you didn't even ask for anybody in support of the project. Vice Chairman Gort: We don't need it. Commissioner Sanchez: We don't need it. Joel Maxwell (Deputy City Attorney): It is a public hearing, Commissioner. Unidentified Speaker: And we would like to add our concerns. Vice Chairman Gort: Come forward. Commissioner Sanchez: But are you for it or against it? Unidentified Speaker: We are for it. Commissioner Sanchez: You're for it. Vice Chairman Gort: Your name. Your name and address, please. Dennis Scott: Dennis Scott. I'm an owner of North Bayshore Drive and Biscayne 21, 21 North Bayshore. You're opening up North Bayshore Drive, and that is going to impact our area. We are all for this development. It is a good development. We're excited about it. But we would like to raise the concern that what you're going to end up doing is causing all kinds of new traffic coming from the causeway to dead end right at our condominium. And I have -- I have a few pictures. If you'll just lend me five minutes, I'll show you exactly what I'm talking about. This is the current lay of the land without the (inaudible). That's currently the way it looks. Now, this is the way it'll look with the development in place and the road going through. If you'll just take a notice of where Bayshore will end up now, it will continue to dead end at our condominium. We're currently experiencing -- Commissioner Winton: Where is your condominium? I don't even know where it is. What -- what -- Mr. Scott: Biscayne 21, on 2151 Street. And I have indicated there where it dead ends now, and it'll remain dead ending there. Now, I've indicated in there what our community is in favor of, asking for your help in restricting the egress, in. If we could make it an open street for that one strip and keep people out of -- you know, dead -ending into our property, I think it would be the answer to our problem. Vice Chairman Gort: Well, I think signs can be located in there, saying there's no -- what is that sign we use when it comes to a dead end, so people would not go into it? 153 October 25, 2001 0 • Mr. Maxwell: No through street. Vice Chairman Gort: No through street. I think that's what you're asking for, to keep people off the street. Mr. Scott: That's exactly what we're asking for. Vice Chairman Gort: OK. So that should be part of the recommendation, signage telling people not to go into the dead end street. Mr. Maxwell: You've already voted on this item. You can make those directions to the Public Works Department and have them follow through. Vice Chairman Gort: Right. Mr. Maxwell: Separate resolution by motion. Vice Chairman Gort: Public Works, Mr. Jackson, Commissioner Winton: We can make that under a separate resolution? Mr, Maxwell: Yeah. Yes, you can. Commissioner Winton: So I would move that we instruct Public Works to see to it that the appropriate signage goes on the entrance to this dead end piece of Bayshore Drive -- Vice Chairman Gort: On 215` Street. Commissioner Winton: -- that says whatever the appropriate things are to say. You know, no through street, you know, whatever all the appropriate signages are that he can put up there that will prevent traffic from getting stuck up there and having to back up, and turn around, and do all of those kinds of things and intruding. Mr. Scott: Excuse me. Furthermore, we would like it to start at Northeast 20t" Terrace, because if you end up with people getting -- Commissioner Winton: And that's probably right. I don't -- yeah. Mr. Scott: OK. Because, you know -- OK. Commissioner Winton: Yeah. Yeah, yeah. I don't -- I don't disagree with that. So. Vice Chairman Gort: Sure. Mr. Scott: And we are very excited about this project. We've been waiting a long time for a good project. 154 October 25, 2001 Vice Chairman Gort: It'll help there. Commissioner Winton: Well, that's what the motion is, then. Starting at Northeast 20t" Terrace. Mr. Scott: OK. Thank you very much. Vice Chairman Gort: OK. Thank you. Commissioner Winton: And so we've got a motion. We need a second. Commissioner Teele: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Vice Chairman Gort: Thank you. The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-1158 A MOTION DIRECTING THE PUBLIC WORKS DEPARTMENT TO ENSURE THAT APPROPRIATE SIGNAGE (I.E. "NO THROUGH STREET, DEAD END, ETC.) BE PLACED AT THE ENTRANCE OF N.E. 20TH TERRACE ON NORTH BAYSHORE DRIVE TO DETER TRAFFIC PROBLEMS IN THAT AREA. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez 155 October 25, 2001 0 0 s`6 `Y� pil 'H A } 1V WO II A I € D V CC� N ?1 `Dg,VEOFMNT.'Q Vice Chairman Gort: PZ -2. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -2 is an amendment to the Southeast Overtown Park West DRI (Development of Regional Impact) in order to extend the build -out termination and expiration dates for Increments 1, II and the Master. We recommend approval. It's been approved by DCA (Department of Community Affairs). We actually got more time from them than we had originally asked for. This basically leaves a bigger bank of development credits for the DRI. Vice Chairman Gort: Is anyone in opposition to PZ -2? Anyone in opposition or in favor, that would like to speak on this item? Show no one comes forward. Commissioner Winton: Then I move the staff recommendation on PZ -2. Commissioner Teele: Second. Vice Chairman Gort: It's been moved and seconded. Is there any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 156 October 25, 2001 0 i The following resolution was introduced by Commissioner Winton, who moved for its adoption RESOLUTION NO. 01-1159 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE SOUTHEAST OVERTOWN PARKWEST DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDERS (RESOLUTION NOS. 88-110 AND 88-111, ADOPTED FEBRUARY 11, 1988, AS AMENDED, FOR THE SOUTHEAST OVERTOWN/PARK WEST AREA OF THE CITY OF MIAMI, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", BY AMENDING THE DEVELOPMENT ORDERS IN ORDER TO: 1) SUBSTITUTE THE CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR THE CITY OF MIAMI AS THE DEVELOPER; 2) EXTEND THE BUILDOUT DATE FOR INCREMENT I FROM 1997 TO MARCH 21, 2005; 3) EXTEND THE BUILDOUT DATE FOR INCREMENT 11 TO MARCH 21, 2010; AND THE TERMINATION DATE TO MARCH 21, 2015; 4) TO EXTEND THE BUILDOUT DATE FOR THE MASTER DEVELOPMENT ORDER TO MARCH 22, 2013 AND ESTABLISH AN EXPIRATION DATE OF DECEMBER 31, 2017; 5) EXTEND TIME LIMITATIONS FOR CONDITIONS 5 AND 6; 6) TO CLARIFY CERTAIN LANGUAGE; AND 7) TO ALLOW "TELECOMMUNICATIONS HUB" AS A PERMITTED USE WITHIN THE DEVELOPMENT ORDER; FINDING THAT THIS CHANGE DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION PURSUANT TO CHAPTER 380, FLORIDA STATUTES (1997); AND THAT THE CHANGE ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez Vice Chairman Gort: You guys are doing great today. 157 October 25, 2001 M'v. INI A" IY{�'.,� }A1 31 LEnS44 al— , COMP € � Ii 5 F IhEG A ">1Q1�1 1 OR ifR��5[ iT ,�C R 7 A, RE ', 270, 2 ET,�R 1 11`71 9 , 37 7; X3740, 380`11, 3883;, 3$:8 'BT CA ``LVA , �R 'EI R JAL" TO.` GENE ' A 'C ` 11�IERC T'' �.' l p wants amt [E, s( ). Vice Chairman Gort: PZ -3. Second reading. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -3 and 4 is second reading for land use and zoning change, for the properties fronting Biscayne Boulevard from SD -9 to SD -8 with the commercial designation. This is to create a gateway project for the design district. It was moved -- Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Do we do that with a public hearing? Vice Chairman Gort: Is there a second? Commissioner Winton: Second. Joel Maxwell (Deputy City Attorney): I think -- Vice Chairman Gort: PZ -3, is anyone here to address PZ -3? Show no on comes forward. All in favor state it by saying "aye." Mr. Maxwell: It's passed as an ordinance, Commissioner. Vice Chairman Gort: PZ -4. Ms. Slazyk: Three. Mr. Maxwell: It's an ordinance. Vice Chairman Gort: Is it an ordinance? Mr. Maxwell: Yeah. Vice Chairman Gort: Read it. Commissioner Winton: Roll call. Vice Chairman Gort: Any further discussion? Roll call. 158 October 25, 2001 0 • 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 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES AT APPROXIMATELY 245, 261, 275, 283 AND 293 NE 37"'H STREET, 299, 306 AND 316 NE 38"" STREET, 270, 286 AND 404 NE 39TI1 STREET, 3701, 3720, 3737, 3740, 3801, 3883 AND 3886 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Was passed on its first reading, by title at the meeting of July 26, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12148 The ordinance was read by title into the public record by the Deputy City Attorney. 159 October 25, 2001 0 • Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -4 is a companion. Commissioner Winton: So moved Commissioner Teele: Second Vice Chairman Gort: Anyone in the public would like to address PZ -4? Show no one comes forward. Read it. Roll call. An Ordinance Entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 15 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM C-1 "RESTRICTED COMMERCIAL" WITH AN SD -9 "BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT" TO SD -8 "DESIGN PLAZA COMMERCIAL RESIDENTIAL DISTRICT" FOR THE PROPERTIES LOCATED AT 245, 261, 275, 283 AND 293 NORTHEAST 37 T11 STREET, 299, 306 AND 316 NORTHEAST 38T11 STREET, 270, 286 AND 404 NORTHEAST 39Th STREET, 3701, 3720, 3737, 3740, 3801, 3883 AND 3886 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 160 October 25, 2001 0 Was passed on its first reading, by title at the meeting of July 26, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, 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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12149 The ordinance was read by title into the public record by the Deputy City Attorney. 161 October 25, 2001 0 0 Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -5 and 6 are companion items for land use and zoning change on 27`x' Avenue. This is second reading from office to restricted commercial. Commissioner Regalado: Move it. Commissioner Winton: Second Vice Chairman Gort: It's been moved and second. Anyone would like to come forward on PZ - 5? Show no one comes forward. Read it. Roll call. An Ordinance Entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 39 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA BY CHANGING THE ZONING CLASSIFICATION FROM 0 "OFFICE" TO C-1 "RESTRICTED COMMERCIAL" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2660 SOUTHWEST 17T1; STREET, 2616 AND 2695 SOUTHWEST 18"" STREET, 1835 SOUTHWEST 25TH AVENUE AND 1813, 1821, 1831, 1835 AND 1839 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 162 October 25, 2001 0 • Was passed on its first reading, by title at the meeting of September 25, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Regalado, 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: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12150 The ordinance was read by title into the public record by the Deputy City Attorney. 163 October 25, 2001 R, -AXR iG €CARD E �I�TGE` €ZO Ili r S fCE } IN O INANCI . t ! IC,ETX'SC)NCJRDN` ``N€Z EC�> ?LN ��NIN�vC Rcj P S R,�g ji ' ' 26,E AND 2G �W€$�'STRT,;�N�11E3',`'1$1, € - F�"1 € Sys t € € €7 a i[ } € i(€ . W � , E .(A P1icanl(s} it ,of 3 t ) ` E,€ kf Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -6 is a companion. Commissioner Winton: Move it Vice Chairman Gort: It's been moved. Second? Commissioner Regalado: Second. Vice Chairman Gort: Read it. Roll call. Joel Maxwell (Deputy City Attorney): An ordinance of the Miami City Commission -- it is a public hearing, Commissioner. Vice Chairman Gort: Is anyone in the public would like to address item 6? Show no one comes forward. Thank you. Is there anyone that would like to address PZ -7? Ms. Slazyk: That was six. Vice Chairman Gort: PZ -6. Is there anyone in opposition? 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 APPROXIMATELY AT 2660 SOUTHWEST 17TH STREET, 2616 AND 2695 SOUTHWEST 18TH STREET, 1835 SOUTHWEST 25""' AVENUE, AND 1813, 1821, 1831, 1835 AND 1839 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 164 October 25, 2001 0 ! was passed on its first reading, by title at the meeting of September 25, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12151 The ordinance was read by title into the public record by the Deputy City Attorney. 165 October 25, 2001 1 AC.EPT PLAM AT F;TI'LDITOT Ii1�T=I ��LL" `lpplxcan�)' Ch`a�e; eeorl,-III and Laa ; eernon) l' Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -7 and 7A are a final plat for the Hampton Inn at BrickelI. We need to take 7A first, because the property must be replatted, so then we can take up the zoning change and exclude the piece that fronts South Miami Avenue. This was on direction of the Commission when this was before you about a year ago, that you wanted -- you approved the land use change for the Hampton Inn, but you wanted 100 feet taken off of the rear so that the Miami Avenue frontage could remain R1. They had to plat first, and then come back with second reading on the zoning change. So 7A, we would like you to take up first, which is the final plat of the Hampton Inn at Brickell. Vice Chairman Gort: Okey doke. Commissioner Sanchez: I don't think there's any opposition. Vice Chairman Gort: Is anyone in opposition I think they'd like to -- Commissioner Sanchez: So moved. Commissioner Winton: So moved. Commissioner Sanchez: Second. Vice Chairman Gort: Moved and second. Commissioner Sanchez: I think -- Vice Chairman Gort: For discussion. Yes, sir, Colin Veater: Colin Veater. Good afternoon. Colin Veater, 41 Southwest 18"' Terrace. I'm the president of the South Miami Avenue Homeowners Association, and we are -- we do not have a problem with additional two floors of this project. We just wanted to make the statement -- Joel Maxwell (Deputy City Attorney): But this is the plat, Commissioner? Mr. Veater; -- regarding the application. Vice Chairman Gort: This is -- we're dealing with the plat first. Colin Veater: Oh, I'm sorry. Vice Chairman Gort: And then we'll bring it right back, OK? Mr, Veater: Excuse me. 166 October 25, 2001 0 0 Vice Chairman Gort. All in favor of accepting the plat. The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1160 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHEMENTS, ACCEPTING THE PLAT ENTITLED HAMPTON INN AT BRICKELL, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. 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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None 167 October 25, 2001 • Vice Chairman Gort: OK. Now it is the second reading for the ordinance. Commissioner Sanchez: S move 7. Vice Chairman Gort: It's been moved, 7. Joel Maxwell (Deputy City Attorney): Second. That's what he was just speaking on. Commissioner Sanchez: Yeah, but he's -- Vice Chairman Gort: We already passed 7A. Now we're going into the ordinance. Commissioner Sanchez: So move 7. Vice Chairman Gort: It's been moved and second. Discussion. Colin Veater: Sir, I'll restate my name. Once again, Colin Veater, 41 Southwest 18"' Terrace. I'm here as the president of South Miami Avenue Homeowners Association. Basically, our position with the project is that we do not have a problem with the additional two floors being sought by the applicant. What we do, I guess, object is the decision as to how we've gotten to it, and I know it's been a very long story. So, we just want to make that as a statement, the fact that our line from our neighborhood has been reduced from 170 feet to 100. That's the precedent that, hopefully, will never happen again. But it's something that we just want to state here today. I know this process has been going on for quite awhile, for several years. We had reached the agreement with the counsel and the applicant quite a while ago. We were hoping that we could just improve and ensure ourselves that the R1 section, the surface parking, which it is now, which is part of the covenant, but that it include also the fact that that would be single-family homes. And I know that's something tenuous at this point, but that's one of our positions that we'd like to have. Again, we're supportive that they get their two floors. And we just would have felt that this could have been replatted differently, and I know that's a long story. And I guess that would be my conclusion. I do have a letter from a member that -- I don't know if I read it or I give it to you for the record. Do I read it? Should I read it to you or not? Mr. Maxwell: You can identify the sender, and just hand it to the City Clerk, if you'd like. Mr. Veater: Sure. Mr. Maxwell: Or you certainly have the option -- 168 October 25, 2001 i Colin Veater: The sender -- and I believe a copy was sent to you by fax, to all the Commissioners -- the members, Evan Eganmaholy (Phonetic), who is one of our homeowner association members, and residents of the area. Lourdes Slazyk (Assistant Director, Planning and Zoning): I just wanted to clarify for the record that you're not approving a project here tonight. What you're doing is the plat and then the rezoning. So on 7A, what you did is you approved the replat of the property. Now, on 7, which is the rezoning, what you're going to do is approve the zoning request for the new tract "A" only, and you're going to exclude tract `B." Because tract "B" is the part that was just replatted in 7A, that's going to stay single-family. So, your motion on 7 would be approve it for the new tract "A" of Hampton Inn at Brickell, subdivision only. Vice Chairman Gort: It's their plan to use the Rt as a surface park. Ms. Slazyk: They already have a transitional use approval for that. By leaving that park the tract "B," as single-family residential zoning and not changing it to the commercial resignation, they can never use it for anything other than that, or a single-family residence. So, the protection that the neighborhood wanted is in place with this. In addition, they have proffered a covenant, which gives the Association the further assurances about it being only two new stories on the New Hampton Inn, but that was a covenant, you know, that they proffered. The zoning change is what assures the City. Vice Chairman Gort: OK. Thank you. Any further discussion? Commissioner Sanchez: Call the question. Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): Aye. Mr. Maxwell: That's with those conditions. Vice Chairman Gort: With those conditions. Commissioner Winton: It's an ordinance. Ms. Slazyk: Yes. Commissioner Winton: Yes, it's with the conditions. Vice Chairman Gort: OK. Roll call. 169 October 25, 2001 0 An Ordinance Entitled 0 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 37 OF THE ZONING ATLAS OF ORDINANCE 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-1 SINGLE FAMILY RESIDENTIAL AND R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 2500 BRICKELL AVENUE, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Winton, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12152 The ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Gort: Thank you. 170 October 25, 2001 Lourdes Slazyk (Assistant Director, Planning and Zoning): PZs 8 and 9 are companion land use and zoning change for Miami -Dade Community College property at approximately 2511 and 2543 Southwest 6th Street and 501 Southwest 27th Avenue. The Department has recommended approval. It's also recommended for approval by the Planning Advisory Board and by the Zoning Board. Both unanimous votes. Commissioner Winton: Well, I've got a question. And while I'm a major fan of Miami -Dade Community College, I'm a little nervous and concerned, because _- what are the land uses on the -- for that land on the immediate adjacent north side of this new piece? Ms. Slazyk: That is single-family residential. Commissioner Winton: Right. So, how do we -- Ms. Slazyk: OK. What we're -- what's going to happen here, by changing to the GI Institutional category as soon as they introduce the new use onto this property, whether it be a school, or parking for the school, or a new library, or any of the affiliated school uses, they're going to need a special exception. So that was our assurance, that whatever comes on here with the GI zoning is going to go through the scrutiny that we need to make sure that the buffers are there for single family. Commissioner Winton: Thank you. Vice Chairman Gort: Because that property is presently being used. Ms. Slazyk: Yeah. That's already done, Whenever a GI category is introduced, anything they put on it needs a special exception. Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: Any farther discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 171 October 25, 2001 Ms. Slazyk: It's an ordinance. Joel Maxwell (Deputy City Attorney): It's an ordinance. Vice Chairman Gort: It's an ordinance. Read it. Roll call. Thank you. An Ordinance entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF PROPERTIES LOCATED AT APPROXIMATELY 2511 AND 2543 SOUTHWEST 6 T STREET AND 501 SOUTHWEST 271H AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; 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 Sanchez, seconded by Commissioner Winton, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gott Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None The ordinance was read by title into the public record by the Deputy City Attorney. 172 October 25, 2001 €lR'ADING` ORDIN € € C CIAOSSI Q00 CIT ''S<<ZONING I NCE B A�E�TNG' � (`r 1 ESIGN {/1 [may y[ �ryi EN {jry� �/iE�/�5�j �yyyt ZON FR4T l.! ✓dd .��LsT�:��©E1d .€ ?F,3g"� €����A.k{�z FOIA PROPERE L'E GATED T 5 l E A�TD E 2S' V�" S:RE AN1 50 WIT;E Commissioner Winton: PZ-9 is a companion to 8. Lourdes Slazyk (Assistant Director, Planning and Zoning): Nine is a companion. Commissioner Winton: Move it. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second, Joel Maxwell (Deputy City Attorney): It's an ordinance. Commissioner Winton: Public hearing, Vice Chairman Gort: Read it. Anyone in the public would like to address this? Read it. Roll call. An Ordinance entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 34 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 R-1 SINGLE FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2511 AND 2543 SOUTHWEST Grua STREET AND 501 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED ON ATTACHED "EXHIBIT A"; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE, 173 October 25, 2001 E LJ was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None ABSENT: None The ordinance was read by title into the public record by the Deputy City Attorney. Unidentified Speaker: Thank you. Vice Chairman Gort: Good luck. Thank you. Thank you. 174 October 25, 2001 0 • Vice Chairman Gort: PZ -11. Joel Maxwell (Deputy City Attorney): Ten. Vice Chairman Gort: Ten. PZ -10. Susan Cambridge. Susan Cambridge, Planning and Zoning Department. This item is a clean up to provide consistency with the future land use map of the Miami Neighborhood Comprehensive Plan and the zoning atlas of Zoning Ordinance 11000. Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Teele: Second. Commissioner Winton: This is on 10? Commissioner Sanchez: Yes. Ms. Cambridge: Yes. Commissioner Winton: Are we really going to -- is this not a downzoning? I mean, are we really going to -- how do we pull this off? Lourdes Slazyk (Assistant Director, Planning and Zoning): Our comprehensive plan has this as general commercial, but the zoning is R-1. So, right now, what this is doing is cleaning it up so that they will both be single-family residential. Commissioner Regalado: Is this the fire station? Ms. Slazyk: No, no. This is near it, but it's -- Ms. Cambridge: Office building. Ms. Slazyk: It's an office building there today, It's got R-1 zoning, but general commercial land use. Commissioner Regalado: On what side of the street is this? 175 October 25, 2001 Ms. Slazyk: It's on the -- Commissioner Regalado: North or South? Ms, Slazyk: Southwest. Commissioner Regalado: As you go to the airport. Ms. Slazyk; All right. If you're going down Le Jeune to the airport, it's -- Commissioner Winton: It's on the west side of the street, if you look at the map. Ms. Slazyk: It's on the west side of 41St Avenue, It's the east side of 42'd Avenue. But it's -- it doesn't front in any major commercial street. It's completely within a residential area. If you look at your aerial photograph -- Vice Chairman Gort; But is this -- I have a question on this, while we have this. Ms. Slazyk: The zoning today on this property is R-1. These are single-family residences over here. The corner, there's an office building. There's doctors' offices and other medical offices in there. They are a non -conformity today, because the zoning is R -l. The land use designation is general commercial. What we're fixing here is the land use designation. So, their non- conforming status won't change, because they're non -conforming today only. Commissioner Winton: Right now. Good. Vice Chairman Gort: Got it. Commissioner Regalado: But that's not one residence. What we have there -- Commissioner Winton: No. It's a whole zone. Commissioner Regalado: No. But what we have there is like apartment buildings, four units, right? Ms. Slazyk: On the end there is -- yeah, they're houses -- but there's an office building there, too. It kind of looks like an apartment building, but they're offices. They're medical and doctors' offices in the building on the end of the block. But the zoning classification is R-1. And when we look at where it was located, we went out to the neighborhood. We drove around. It is smack dab in the middle of a neighborhood. Commissioner Winton: Yeah, you could see that. Ms. Slazyk: It is not on a commercial corridor. So, what'll happen is, this building will remain with a non -conforming status, but if it ever goes away -- 176 October 25, 2001 E Vice Chairman Gort: It would be residential. Ms. Slazyk: -- it might come back to single-family residency -- Commissioner Winton: Which it should. Vice Chairman Gort: OK. Ms. Slazyk: -- which is what's appropriate there. Commissioner Regalado: OK. I'll second 0 Vice Chairman Gort: It's been moved and second. Any further discussion? Armando Padron: We own a house right where -- Vice Chairman Gort: Your name and address, please. Mr. Padron: Armando Padron, 9"' -- it's 810 Northwest 41St Avenue, one of the houses here shown on the -- and we would like to keep it the way it is. I have a few signatures from the neighbors, and -- Vice Chairman Gort: Well, that's -- the action we'll be taking here today is to make sure that this takes residential. For some reason -- and if that -- those people go away, that has to go back to residential. Mr. Padron. We would like to keep the way it is right now. We were -- we're against the change. Whatever -- Commissioner Winton. Why? Are you -- Mr. Padron: Because we're surrounded by businesses anyways, all around us. It's like a horseshoe. Right up the middle. We've got the restaurants, the smell, the fire department. We've got the lawyer's office. We're surrounded by them -- by the whole commercial -- Commissioner Winton: Well, just because it's got problems now, you don't leave the problems there, so that if you have an opportunity to cure the problems to create an appropriate kind of neighborhood in the future, you take all the steps from a policy standpoint that you can take, that gives you an opportunity to fix problems in the future, not just leave them the way they are forever. Mr. Padron: Oh, I understand. So -- but we were hoping it would stay that way. We've own the land -- the house for many years now -- Commissioner Winton: What would you -- 177 October 25, 2001 Mr. Padron: -- and we were hoping that, in the near future, it would be worth more money for us and for the rest of the neighbors here. Commissioner Winton: Yeah. Well, that's -- Vice Chairman Gort: Yeah. Because that's — unfortunately, that's not the way it works. Commissioner Winton: Right. That's where -- from a policy standpoint, you know, our mission isn't just to make properties worth more money. Because if it were, we would up zone everything out there to commercial then. That creates big problems for neighborhoods. Mr. Padron: I understand. Being so close to the commercial, we feel like we're part of them anyway. We've got -- they're all over us anyway. Commissioner Winton: OK. Got your point. Thank you. Vice Chairman Gort: Thank you. All in favor state it by saying "aye." The Commission (Collectively): Aye. Joel Maxwell (Deputy City Attorney): It's an ordinance. Mr. Walter Foeman (City Clerk): It's an ordinance. Vice Chairman Gort: It's an ordinance. Read it. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 4100 NORTHWEST 9"'" STREET, AND 800, 810, 820 AND 830 NORTHWEST 41ST AVENUE, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "SINGLE-FAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 178 October 25, 2001 0 was introduced by Commissioner Sanchez, seconded by Commissioner Teele, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None The ordinance was read by title into the public record by the Deputy City Attorney. 179 October 25, 2001 0 • +6k/(��1�' FIRST 3 R IDG` ORD��iNIAV}*TGN`,7�IHAAT�/I +}IiN [T�ry(�D;; T1�T;( O yR1/A1'I �Cy��� 11S1Vb/9IT L��NI46g 4ll f�YlAr] + �R^° , NO lIV�'EAMrtjFtiJ�ffi. ' iR0?RESTI T `L O CALC A- DCD40AW 7`� Y Vice Chairman Gort: PZ -11. Susan Cambridge (Planning and Zoning): On this property is La Rose, a restaurant. It's located at 4041 Northwest 7`h Street. We're changing the zoning atlas from C-2 Liberal Commercial to C-1 Restricted Commercial to match the zoning of the adjacent and abutting properties. Commissioner Winton: So moved. Vice Chairman Gort: It's a motion. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Is anyone in the public would like to come forward? Being none, OK. 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, FLORIDA, BY AMENDING PAGE NO. 27 OF THE ZONING ATLAS BY CHANGING THE ZONING CLASSIFICATION FROM C-2 "LIBERAL COMMERCIAL" TO C-1 "RESTRICTED COMMERCIAL" FOR THE PROPERTY LOCATED AT APPROXIMATELY 4041 NORTHWEST 7 T1 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 180 October 25, 2001 0 0 was introduced by Commissioner Sanchez, seconded by Commissioner Teele, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None The ordinance was read by title into the public record by the Deputy City Attorney, 181 October 25, 2001 0 0 C�7iRS°T"READINr QUNATM> Np f �1�T'3'E�(0,€ECIYi NTNG (?lTl E, E,:B AM?N! TGI 25, [,TCT F251?2 3 POV€? eW EF IN IT�IoN o � � TA T WAR' AllsT � vT cx T �> EApplxc4nt() Vice Chairman Gort: PZ -12. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -13 -- 12 we deferred. PZ -13 is an amendment to zoning ordinance to Article 25, to create a definition for a media tower in the Southeast -- to be located Southeast Overtown/Park West Redevelopment area. All this is doing is creating a definition and a mechanism without locating it anywhere, until a master plan determines the appropriate location for the media tower. Commissioner Teele: Mr. Chairman, I would so move for some discussion. Commissioner Sanchez: Second for the purpose of discussion. Vice Chairman Gort: Moved and second. Commissioner Teele: Does this say tower or towers? Mr. Slazyk: It says "tower," but what will happened is that there could be more than one location or more than tower, depending on what the outcome of a master plan determines is appropriate. All this does is create a definition for what it would be. Whether there's one or more, it's going to be up to another -- no. This is -- oh, to be only in Southeast Overtown/Park West Redevelopment area. That's the only location. Commissioner Teele: All right. The thing that I want to be very, very careful about -- and Commissioner Sanchez and Commissioner Regalado -- if this were to move forward, there will be tremendous pressure for everybody to say, "Let's do one over here. Let's do one over there." And this is not a good thing. And I think the Planning Department -- and I -- if we're going to start a contagious disease, then let's don't do this one. I mean, this, I think, is very important as a tourist destination, sort of what we were calling "Times Square," if you will. That's what it's patterned behind. But I can assure you that the moment this goes forward and the moment there is some finality to this, there will be pressure to put one in the Omni, to put one downtown, to put on in the Grove, to put on in Upper Eastside. Commissioner Winton: There will be no pressure coming from the Grove for it. Commissioner Teele: Well, what I'm saying is that it won't be from the neighborhoods. The neighborhoods won't want it. It'll be from the Gucci's, and the billboard people, and the law firms and all of that. And I just think that we need to be very careful, that what we're trying to do is create a discreet, one -of a -kind item, like in New York City. There's only one, and this is the one. And we're going to try to resist adding two more or one more. Ms. Slazyk: The way this is written right now, it says that this is the only place. 182 October 25, 2001 0 0 Commissioner Teele: And, obviously, it would have to come back. And what I'm trying to do is alert my colleagues so when the lobbying begins, that we had this discussion. Because, you know, it may be 25 years from now that Miami may mature, but New York hasn't matured to the point that they need a second one. What we're talking about is the old Times Square concept that we talked about for the last 2 years, in which The Miami Herald has even editorialized it and said the City Commission should go very slow, and we pull back, and this is the process that we're in now. So, I strongly support it, but I think -- and this is not, by the way, in my district. It happens to be in one of my colleague's districts. But I think, if everybody feels like we ought to have one, then we shouldn't have any because -- Commissioner Sanchez: It should be unique. Commissioner Toole: It should be a unique item, yes, sir. So, that was the only discussion I wanted to have on it. Call the question, Mr. Chairman, Ms, Slazyk: Did you read the ordinance? Vice Chairman Gort: First reading. It's an ordinance. Commissioner Sanchez: Yes, sir, it's an ordinance. Go ahead. 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 25, SECTION 2502, SPECIFIC DEFINITIONS IN ORDER TO PROVIDE A DEFINITION, INTENT STATEMENT AND CRITERIA FOR "MEDIA TOWER"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 183 October 25, 2001 • E was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None The ordinance was read by title into the public record by the Deputy City Attorney. 184 October 25, 2001 0 • Vice Chairman Gort: Item 14, first reading Lourdes Slazyk (Assistant Director, Planning and Zoning): Item 14 is an amendment to SD -2 regarding the Coconut Grove Parking Ordinance. This is offering two clarifications, one regarding the permitted exceptions to the minimum number of parking spaces and, two, to clarify provisions regarding shared parking for mixed use developments. It's been recommended for approval for the Coconut Grove Parking Advisory Committee, and by the Department and by the Planning Advisory Board. Vice Chairman Gort: OK. Do we have a motion? Commissioner Sanchez: So moved. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved and second. Commissioner Sanchez: Second. Vice Chairman Gort: Anyone in the public would like to address this item? Show no one comes forward. Read it. 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 6, SECTION 602, ENTITLED "COCONUT GROVE CENTRAL COMMERCIAL DISTRICT," BY AMENDING, REPEALING, OR ADDING LANGUAGE TO SECTION 602.10.1602.10.3 AND 602.10.4 OF THE ZONING ORDINANCE TO 1) CLARIFY THE PERMITTED EXCEPTIONS TO THE MINIMUM NUMBER OF PARKING SPACES REQUIRED; 2) CLARIFY THE PROVISIONS OF SHARED PARKING FOR MIXED USE DEVELOPMENTS; 3) CLARIFY AND PROVIDE FOR DEVELOPMENT OF ADMINISTRATIVE CLAUSE, AND 4) MODIFY THE PAYMENT PROVISIONS BY REDUCING THE LUMP SUM PAYMENT AMOUNT AND PROVIDE FOR INSTALLMENT PAYMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 185 October 25, 2001 • was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None The ordinance was read by title into the public record by the Deputy City Attorney. 186 October 25, 2001 Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -15 is also regarding the Coconut Grove Parking Improvement Trust Fund. It's an amendment to the City code to clarify payment of administrative costs and modify payment provisions by reducing lump sum payment and providing for installment payments. This was also recommended for approval by the Parking Advisory Committee and by the Department. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Teele: Second. Vice Chairman Gort: Anyone appeared that would like to come forward? Show no on comes forward. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35, ARTICLE 5, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "COCONUT GROVE PARKING IMPROVEMENT TRUST FUND," BY AMENDING, REPEALING OR ADDING LANGUAGE TO SECTIONS 35-221, 35-222, AND 35-224 OF THE CODE TO 1) CLARIFY PERMITTED EXCEPTIONS TO THE MINIMUM NUMBER OF PARKING SPACES REQUIRED; 2) CLARIFY THE PROVISIONS OF SHARED PARKING FOR MIXED USE DEVELOPMENTS; 3) CLARIFY AND PROVIDE FOR PAYMENT OF ADMINISTRATIVE COSTS, AND 4) MODIFY THE PAYMENT PROVISIONS BY REDUCING THE LUMP SUM PAYMENT AMOUNT AND PROVIDE FOR INSTALLMENT PAYMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 187 October 25, 2001 0 u was introduced by Commissioner Winton, seconded by Commissioner Teele, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None The ordinance was read by title into the public record by the Deputy City Attorney, 188 October 25, 2001 1Q: ' FIltST REDNCr QItDTNAICE AMlINNE „1 ] Q' C�' O€' ORIIIN,iE; A1ENDINCs ARCEC Qiy, b 1 , T F'� `, CAT AS CONI,Si)IQW �iTAAVN UA' EVA IN iam ," bean:,{S),,z;yofVlE Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -16 is an amendment to SD -13, in order to allow flower carts on private property as conditional uses in the SD -13 zoning district. This is something that's already allowed in commercial districts, in C-1 districts, in the City. Most of the City's special districts go back to C-1 to pick up permissible uses. This particular district does not. So, this was something that was kind of inadvertently left out. On analyzing whether this was appropriate for SD -13, the Department recommended approval, because flower carts on the private property, by Class II permits, we can make sure they're set back and appropriately designed as something that would enhance Coconut Grove. So, we recommend approval. Commissioner Sanchez: Mr. Chairman. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Commissioner Teele: Second. Commissioner Sanchez: Discussion. Vice Chairman Gort: Discussion. Commissioner Sanchez: Is there any rules and regulations pertaining to how many feet they have to be from a flower shop? I mean, because -- although, I believe everybody has the right to go out and earn a dollar and a living, I don't think it's fair to -- Ms. Slazyk: Let me explain this one. This one -- everyone mixes this up with flower carts on right-of-way. This is on private property. So, the private property owner has a flower shop. I doubt he's going to put a cart right in front of it, because he's getting rent for the store. This is not the -- (COMMENTS OFF THE RECORD) Ms. Slazyk: Well, how many feet set back from flower shop? But this is on private property. If they can put a flower shop on their private property, this would just allow you to do a cart instead. They have to provide all the setbacks that are normally re -- (COMMENTS OFF THE RECORD) Ms, Slazyk: Well, any flower shop could come right next door to another flower shop. That's what free enterprise is about. 189 October 25, 2001 0 • Vice Chairman Gort: If it's in private property, yes. Ms. Slazyk: It has to comply with all the setbacks. Commissioner Sanchez: Thank you. Thank you. Thank you. Vice Chairman Gort: OK. Read it. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMM[SSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 613, SD -13 SOUTHWEST 27TH AVENUE GATEWAY DISTRICT, TO ALLOW FLOWER CART VENDING IN DESIGNATED OPEN AREAS SUBJECT TO ISSUANCE OF A CLASS II SPECIAL PERMIT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Winton, seconded by Commissioner Teele, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None The ordinance was read by title into the public record by the Deputy City Attorney. 190 October 25, 2001 L TABLED ROF > M N1 NT TQ Q N G � x,2132 To sg � `- , f PCREN Il E'VU1U1`i EII.E'D :AG jR;N'JIVIIN;I�M`.1'UTC STD ( #' ^r r n Commissioner Sanchez: Seventeen has been deferred. Vice Chairman Gort: Thank you, gentlemen. That does away with PZ (Planning and Zoning). Now we go back to the regular agenda. Note for the Record: At this point, the City Commission closes consideration of the Planning and Zoning portion of the agenda to consider items from the regular portion of the agenda. Commissioner Sanchez: Can we take the bond issue? Commissioner Teele: Can we take the bond issue before we run out of time? Vice Chairman Gort: We have one that we would like to get out, S-1, S-2, supplement agenda. Commissioner Regalado: I have a pocket item. Commissioner Teele: This isn't pocket items, Commissioner Regalado: I have a pocket item. Vice Chairman Gort: Supplement agenda 2. Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Yes. Commissioner Teele: Is supplemental agenda 2 the item relating to the strategic reserves? Vice Chairman Gort: No. Commissioner Regalado: Yes, it is. Vice Chairman Gort: No. Commissioner Sanchez: It is? Commissioner Winton: To the Downtown Housing Project. Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Yes, sir. 191 October 25, 2001 0 • Commissioner Teele: Again -- how much CD (Community Development) dollars -- is this in lieu of the CD dollars or in addition to the CD dollars? Carlos Gimenez (City Manager): I believe it's in addition to. Commissioner Teele: How much CD dollars did we put in this? There's nothing in the background on this. See, again -- Mr. Gimenez: I stand corrected. Dena Bianchino (Assistant City Manager): There are no community development funds in -- this is affordable housing trust fund money collected by the City. Commissioner Teele: There was a CD grant that we approved of almost a million dollars ($1,000,000). Ms. Bianchino: Not for this grant. Commissioner Teele: And then it was backed out, and we converted it to something else. That's a different project? Ms. Bianchino: Yes, sir. Commissioner Teele: Let me tell you what. I support this project. I do not support the use of strategic reserves. I am prepared to support this item, today, as a loan from strategic reserves, until a more appropriate funding source can be identified. And I think an appropriate funding source is parking surcharge. I would love to see parking surcharge dollars set aside to stimulate housing in the downtown area, but, again, I think we've got to be very careful. This has got to go before the Oversight Board. Commissioner Winton: It already did. Ms. Bianchino: No. They've already -- Commissioner Teele: They've approved it? Ms. Bianchino: Yes. Commissioner Teele: If they've approved it, then I withdraw my objections. Vice Chairman Gort: OK. There's a motion. Commissioner Teele: This has gone before the Oversight Board for this use? Ms. Bianchino: They have determined that they don't need to review it. 192 October 25, 2001 • Commissioner Teele: No. 0 .Ms. Bianchino: No, sir, it did not go to them. I think Mr. Nachlinger can clarify that. But they did tell us they did not have to review it. They didn't want to review it. Commissioner Teele: Well, the point -- they're saying they don't have to review it is because, technically, we're out from under them until we can provide a -- but I'm telling you -- and I'm not a member -- I will tell you that this is a terrible precedent of use of strategic reserves for this use, because it does not meet within the blue ribbon findings and the findings that we said we were going to use strategic reserves for. This is a great project, and I will support using general fund dollars for this project. But to use strategic reserves, I think we're really just sort of going back to the old school days now, and I'm concerned about that. Commissioner Winton: I think it does work for strategic reserves, and I'll tell you why. That's because the strategic reserves were supposed to be used only for those items that could generate additional revenue for the City. That was the principal purpose for the strategic reserve. This will generate, not revenue once, but ongoing revenue over and over and over again. Commissioner Teele: But, Johnny, if you take that application, any development project that you do in vacant land meets that definition. Any development project that you do meets that definition. And I think that is a determination that, in effect, obliterates the strategic reserve, if you do that. I mean, even if you say housing projects. You know, why don't we give the Tibor Hollis a project there at the old Miramar now, Bay Park? That's going to do a one hundred million dollar ($100,000,000) development. Johnny, I'm not against it. I am very much for it. Commissioner Winton: I understand. Commissioner Teele: And I'm very much for it in downtown. I mean, I can make all the reasons why we ought to be doing it. I just don't think we ought to be doing it from strategic reserve. We should take it from general fund. We should take it from parking surcharge, if that becomes available. I think we ought to earmark the capital dollars. But I think we need to be very careful, as we come out from under the oversight board, how we start making these policy determinations. Mr. Gimenez: Commissioner -- Commissioner Teele: But, Johnny, it's five o'clock -- Commissioner Winton: I'm not sure you haven't convinced me, so -- Commissioner Teele: I mean, I think the easy way to do this, to move forward, is to treat this as a loan today from our strategic reserve account, until a more appropriate -- Commissioner Winton: And to the general account. Commissioner Teele: Huh? To the general -- yeah. 193 October 25, 2001 Commissioner Winton: A loan from the strategic reserve -- Commissioner Teele: Until a more appropriate funding source can be determined. Commissioner Winton: Identified by the Manager. Mr. Gimenez: That's not a problem. I would, you know, hesitate to take it out of the general fund. We do not have that much money in the general fund reserves. Commissioner Teele: No. I'm saying take it from strategic. Mr. Gimenez: I agree. No, I agree. Commissioner Teele: But take it as a loan from strategic. Mr. Gimenez: I understand exactly what you're saying. Commissioner Teele: To the person who's getting the money, it doesn't matter. Commissioner Winton: Right. Commissioner Teele: But what it does mean is that nobody can come behind them and say, "We want money from strategic reserves." Mr. Gimenez: Yes, sir. We can find additional funds that we can replace the strategic initiative dollars and then take it out of there. Yes, sir. Vice Chairman Gort: Right. Commissioner Regalado: Mr. Chairman, can we say the City will get the money back, predicated on new sources or established sources by the Manager? Vice Chairman Gort: Right. Commissioner Regalado: Example, if the legislature were to approve the parking surcharge. Commissioner Teele: Absolutely. Commissioner Regalado: And now we have dedicated this money already from the parking surcharge. And, by the way, it is something that we can present to the legislature as, one, the legislature wanted to do something in downtown Miami. So, there is something that we can present to them, that we're being already -- you know, hoping that they would give us the extension of the parking surcharge to 206. So, as an amendment, I would say, you know, include the parking surcharge as one of the sources of the repayment of that loan from strategic reserves. 194 October 25, 2001 i Vice Chairman Gort: OK. Commissioner Sanchez: OK. Vice Chairman Gort: Thank you. There's a motion. Commissioner Winton: Do we have a motion? Commissioner Teele: It would be your motion -- Vice Chairman Gort: Your motion. is Commissioner Winton: (INAUDIBLE) Commissioner Teele's recommendation. Commissioner Teele: -- to provide the grant, as you've outlined, or whatever. Commissioner Sanchez: With those conditions. Commissioner Teele: From the strategic reserve account, with the City to identify funds from the general fund to replace them. Commissioner Winton: Or from the last fiscal year parking surcharge money, if we get to keep it. Mr. Gimenez: If available, yes. Commissioner Teele: If available. Commissioner Sanchez: If available. OK. Call the question. Joel Maxwell (Deputy City Attorney): This is an emergency ordinance. Isn't this an emergency? Commissioner Tecle: Well, they maybe need to look at it for a few minutes. Commissioner Sanchez: OK. Commissioner Teele: They need to look at it and write it up a little bit differently. Commissioner Sanchez: All right. Can we come back to that? Can we go to the -- Commissioner Teele: Why don't we just go to the bond issue, and we can come right back to that one. Mr. Gimenez: Yes, sir. 195 October 25, 2001 0 9 Chip Iglesias: Commissioners, Good afternoon, Chip Iglesias, Chief of Staff to the Manager. You basically wanted a report to come back to you from the last Commission meeting sort of detailing what the staff has been doing in regards specifically to the bond initiative. But we're going to go ahead, if it's OK with all of you, to include some of the stuff that also has taken place with Watson and the Charter referendum questions. The day after the meeting, Friday, the 12th, we began to work by establishing three working groups that were headed individually. One was a bond program by City Manager, Frank Rollason. The Watson Working Group was Assistant City Manager, Dena Bianchino, and Charter Referendum Questions was Bob Nachlinger. The Manager had placed me to provide some oversight on all these three working groups. The three working groups identified key members for their group and we're going to identify whatever strategy and resources they're going to need to get their programs moving forward. We would meet then -- what I'll call the Executive Committee, Bob, Dena, Frank and myself -- to discuss each group's needs and so forth. Basically, given the type time frame that we had from the time that it was approved until the time that the 6th and 13th, we felt that we needed a multi -faceted approach that would reach out to many individuals, using as many resources as possible, both internal, free media exposure, and support from the funds that were allocated from this Commission; reaching out to radio, print media, TV (television), including our own TV -- Miami TV, website, printing materials and a community outreach to (INAUDIBLE) through our speaker's bureau concept and potentially some direct mail. Additionally, we've reached out to some of the interest groups to see exactly what they're doing and maybe leverage resources, ensure that we're not duplicating efforts on this informational campaign. A Power Point presentation was put together that has been used to present to all the community groups that we're reaching out to. We've also provided that to your office. And we've assigned somebody to take a look, ahead of time, as to who we're going to speak to, and then tailor -- custom made the presentation to that group specifically to whatever they're going to -- benefits they're going to be receiving. NET (Neighborhood Enhancement Team) is our outreach. They're identifying the groups in the community that we should be speaking to, and they forward the information to the City Manager's Office, and we coordinate the appointments from that standpoint. We also have Media Relations in the City Manager's Office assigned to do all the media appointments, and that has begun as we speak. A speaker's bureau was put together, and we trained approximately 41 City staff individuals that would be assigned to each of the events that we would go to to speak. Part of the strategy -- there was a recommendation 196 October 25, 2001 by Commissioner Regalado to reach out in a positive way, and one way would be to put signs at all our parks, and other highways that are going to be receiving benefits, and that's underway. To date, we've put approximately -- we've put signs in approximately 100 locations, which includes parks and things like Coral Way, 8"' Street, the things that were part of the bond program. In those areas that we needed to have signs translated, we've done so. Some have Spanish and English. Some have Creole, also. Staff worked on putting together some printing materials that would explain, in a very summarized way, the bond program and, again, Watson Island and the Charter Referendum questions. We had -- they have established -- sir? (INAUDIBLE COMMENTS) Mr. Iglesias: Right, that's part of the Charter Referendum question. Economic development is a referendum question. (INAUDIBLE COMMENTS) Mr. Iglesias: Charter referendum question. Economic development is one of the referendum questions. A tax abatement. Commissioner Winton: It's not a part of the Charter? Mr. Iglesias No. It's a referendum question. There are four Charter amendments and there are two referendum questions. One is Watson and the other one is the tax abatement. Commissioner Winton: OK. Commissioner Sanchez: Chip, let me interrupt you for a minute. Mr. Iglesias: Yes. Commissioner Sanchez: I know you're in the presentation, and time is of an essence here. This is probably going to be one of the biggest decisions that the taxpayers are going to have to make. And let me -- before I go any further, let me just start by saying that I want to commend the administration in the plan set forth. I don't think when you drive through the City of Miami, in such a short time you've been able to put so many signs, at least educating the public on what the issues are and what exactly are they going to get from this bond issue. As I look at the presentation you've given us here today, it is years ahead of its time, when we had other presentations presented to us. This is great, what you're doing here. This is going to have to be something that is grassroots to get it passed, because I'm telling you, from the experience that I'm getting that -- I'm running for office and I'm walking door to door is, there is a lot of confusion out there. People don't know. It's too clustered. You have to sit down with them and explain it to them. I think that we need to focus on -- the signs are great and it tells you exactly - - because you're driving in a district, and if you're driving through Little Haiti, the residents of Little Haiti are going to know that out of that bond, they're going to get a world-class park, And throughout the City that is clearly shown. But I think that the thing that we need to do here is unify -- and I think that it's got to be done -- is to hit the airwaves, because time is of an essence 197 October 25, 2001 here. We don't have that much time. And I speak from experience when -- I'm out there trying to convince people and you have to go amendment by amendment, and you have four Charter questions and two ballot questions. It really are confusing. But what we need to focus on -- and I see that you have broken out this into several areas of one that -- focusing on the media and getting the message across. Focusing on the homeowners. I know they're under this (INAUDIBLE) sunshine laws, we can't do it. But each Commissioner here will have to go out to their homeowners and explain it, and start that so on and so on and so on concept to get it passed. I see that you have scheduled some radio talk shows, that I would volunteer to go with you, and maybe the Commissioners. If we can't go together, but we could go and promote this. I don't' think we -- Commissioner Regalado: Yes, we can. Commissioner Teele: Yes, we can. It's public. Commissioner Regalado: It's public. Commissioner Sanchez: It's public. OK. Commissioner Regalado: You can't get more public than that. Commissioner Sanchez: Well, then, it's something that we're going to have to do to get this — because I'm telling you, I speak from experience out there. There's a lot of confusion on the issue, and you really have to sit down and explain to them. Once they are informed, there is that -- the effort to support it. So, I think that's something that I'm going to encourage, that we're all going to have to go out there and do. But I commend the staff for a great effort in such a short time, to go out there and put all the signs up and do everything you have done. Mr. City Manager, you've done a great job doing that, and the staff also. Thank you. Mr. Gimenez: Thank you. Vice Chairman Gort: I'd like to welcome Commissioner Miguel Diaz de la Portilla. Welcome. It's a pleasure to have you here with us Commissioner Sanchez: Always a pleasure to have him. Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Yes, sir. Commissioner Teele: And I also would like to welcome my former dear colleague and close, close friend on the County Commission, Miguel Diaz De la Portilla. But, you know, that's yesterday's news. I'm happy to have Senator de la Portilla's brother here. That's really what I wanted to say. And they do great work. Mr. Chairman, I -- Commissioner Regalado: The representatives are here. 198 October 25, 2001 Commissioner Teele: Oh, yeah, and representative. Well, we've got to see what he's going to do yet, but the Senator we like very much. Mr. Chairman, on the point that Commissioner Sanchez just made, I'd like to associate myself with the remarks of Commissioner Sanchez. This staff has done an outstanding job from where we were three weeks ago today. I mean, there is nothing short of an outstanding job. There is private sector type of hustle going on out there. There are a lot of things that you can do differently. There are a lot of things that, if you get five people, you're going to get five opinions. But I think everybody agrees that what is going on right now really gives all of us, in elected position, a sense of pride with the way, Mr. Manager, you and, I think one of your assistant managers, have coordinated so well. And I just can't say enough about how much this, I think, does for the City. I am aware of some very; very detailed private polling that has been going on. This issue is still winnable. This is a winnable issue. All of the polling shows that the public wants, one, to protect their concerns about security issues, which we touched upon, and they're concerned about parks in their neighborhood. You know, the big-ticket stuff is not nearly as important as the other. The one issue that appears to be of great concern to voters, statistically, is whether or not it's going to cost money. And we've got to figure out a strategy to make the voters be aware of, if it means we've got to do some ads or whatever. Did we ever get that report from the outside, from the financial advisor, that we asked them to put something in writing, that this will not cost more money? Mr. Nachlinger, did we ever get that debt service issue? But, somehow, we need to focus in on a message that explains and shows and don't underestimate the public. We don't need to underestimate the public. Show the public why the debt service won't go up. We need to say, put it up front. Questions frequently asked: Will my taxes go up as a result of this bond? No. And why. And we need to explain as complicated, as detailed as it may be. Don't underestimate the public. But right now, you know, we've got several elected officials saying that the Commission's misleading you. The Commission didn't make the decision that the taxes wouldn't group, to my knowledge. We only accepted the report of the outside -- of the financial advisor and the Manager. But that is not the Achilles heel of this. We have got to pre-empt it by showing the public why the taxes won't go up. Now that's on one hand. On the second hand, I'm going to, again, appeal to Commissioner Regalado -- Now, I almost said Reberado (Phonetic). I'm about tell a secret, But it's well known that Miguel Diaz and former Commissioner Reberado and I went many times to Nicaragua to work to bring about democracy. We spent five of six different trips there. When I see Miguel, I think about Pedro. But, in any event -- Unidentified Speaker: I still have the tapes. Commissioner Teele: You still have the tapes? So, please don't show them. Commissioner Regalado: You know, I, too, went to Nicaragua. Commissioner Teele: Yeah, I saw pictures of Renaldo in your office. But we need to get Commissioner Regalado involved. I'm appealing to you, Commissioner Regalado, and I'm appealing to Miguel Diaz de la Portilla, since he's here, as well as others, let's set up a political committee, a pack, which you can do, independent of the City, and let's see if we can get money to get a message out there. We need to do a direct mail piece that we cannot use City dollars for. We cannot use City dollars to sell this program. And we need to explain to people why it will not -- and the kinds of messages that need to be done out there. I believe there are a lot of people 199 October 25, 2001 i 0 in this community, starting with the arts council and the performing -- I mean, the art museum, the Museum of Science. There are a lot of folks in this community -- Norman Braman, and the people who are very much behind them, will support this if we have a plan to get it out there. Additionally, Mr. Manager, I think, that for those outlaws, those billboard outlaws, this is a good opportunity for them to do some good, and I would hope that you would -- say again. Commissioner Winton: They've committed to do, by the way. Commissioner Teele: Which they've committed to do. Commissioner Winton: Yes. Commissioner Teele: As well as many of them own radio stations. Commissioner Winton: Right. Commissioner Teele: And, so, those are public service announcements. But we need to somehow quantify what everyone is doing, and a political committee, under the leadership of one of the Commissioners, I think, would be a very good way to do that, so that we can get a report as this thing goes on. I think this is very doable, and I am extremely encouraged that the staff is doing such a great job, Mr. Manager. Mr. Gimenez: Thank you. Appreciate it. And in terms of the staff, I'm going to thank you for the kind words. They have done a tremendous job. They're coming in on weekends. They're doing whatever it takes to get the message out, and they're doing a heck of a job. Commissioner Winton: And, by the way, Commissioner Teele, there has been a private pack set up that's called Citizens for a 2151 Miami. Commissioner Teele: Citizens of what? Commissioner Winton: Citizens for a 215` Century Miami that has raised some money, is raising more money, and is working to get other people involved, and it all came out of this whole referenda process. Commissioner Regalado: Mr. Chairman. Vice Chairman Gort: Yes, sir. Commissioner Teale: Great. Commissioner Regalado: I think -- I have to say, too, that the signs that have been placed throughout the City is one of the best things that we cold do. They are very visible. They have information, detailed information. If we hope for passage of this bond issue, I think that those signs in the parks are going to help us a lot, and also on the different avenues and streets. I think the staff has done an extraordinary work on that. Well, let me say this. When the attacks on the 200 October 25, 2001 o • Twin Towers happened, it was a quarter to nine. The five radio stations I work with., we had to have a promo on the air with sounds and everything by ten. I think that the City has done precisely what the private sector would do. But let me tell you something. I have here a note from a voter in my district. His name, address, phone number. He wants my opinion to vote on Amendment number 2. Should I vote yes or no? Amendment number 3, should I vote yes or no? And ballot question number 2, should I vote yes or no? What this means is that this voter has made already his mind on Charter Amendment number 1 and number 4 and question number 1. So, I think — let me tell you. I think that this bond issue is doable. I think that, if we do a poll now, we're 50150, because the first thing that the people will say, if you tell somebody about a bond issue is, I'm going to vote no because it's more taxes. If we don't do one of those bullets, where people can ask you and you can respond, why does this one raise my taxes? I mean, why - - you know, detailed information. We have our Mayor saying that this won't go into effect by 2003. That's why he opposes. We need to know if that is true. If that is true, that is the case, then fine. Let's say that. We have other candidates saying that this would raise our taxes. So, you know, we're fighting with a lot of mixed signals. And my concern is that when people are not certain, they're going to vote "no." On the Watson Island thing, I think that, although people would like the idea of having that development there and they like the idea of having the City get a two million dollar ($2,000,000) rent, I think that the developers did not want this to pass, and I'm really surprised that they have not start an information campaign, but they are confronting the fishermen there. And not only that, they have not -- I mean, they have come out and give information out by way of many sources, saying that Mr. Weiser, Rudy Weiser, who is one of the partners, that this guy owes five million dollars ($5,000,000) to the contractor and the subcontractors in the Grand Bay in Key Biscayne, or the -- so -- Commissioner Winton: What -- Tomas, you know, what are you doing? Vice Chairman Gort: This has nothing to do with the bond issue. Commissioner Winton: But what are you -- I mean, I'm just real nervous now about -- I'm not sure I understand what you're saying there, what -- and we're on public television. I don't know where that came from. Commissioner Regalado: What I'm saying is, the Manager and the Commissioners have gone and put our name, his name in front of public opinion to defend and to promote all the Charter Amendment. I have done that. You have done that. The Manager has done that. All the questions, including the Watson Island Project, and the Bond Issue. What I'm saying is that we have to get our house in order, in terms of talking to the developer, if we want the Watson Island issue to pass and say, "Look, we're doing whatever we can." I mean, we have the -- but you have to do something. You can't go out and say that one of the developers owes five million dollars ($5,000,000); that he hasn't paid the subcontractor. You can't confront the fishermen there saying, "Well, we might not have you here." Because if they go forward against this project, this project is going to go down. I'm just telling you what I know -- Commissioner Winton: But I will also tell you, you know, part of -- I don't know where that came from. I don't know what you're reading there. But I can tell you that I've seen stuff out there that's coming from the other developers that didn't get it. It isn't corning from the 201 October 25, 2001 • 9 developers that have got the deal done. They're not -- the developers that have the deal done out aren't out there blowing each other up. Commissioner Regalado: Then, Johnny, they've got to do something about it. Commissioner Winton: Exactly right. Commissioner Regalado: That is what I'm saying. Vice Chairman Gort: They have to do a campaign. Commissioner Regalado: Then they've got to do -- Commissioner Winton: But they have a massive campaign that's almost ready to be rolled out, and it is a big campaign. Commissioner Regalado: Because, you know, we need the Manager, not to promote, but to inform about the bond issue, who's the highest priority, and not spend his time on the Watson Island thing. Commissioner Winton: Correct, Commissioner Regalado: They have the money. Let them -- Commissioner Winton: Which he's going to suggest to you. Commissioner Regalado: Let them -- Commissioner Winton: That's coming right now. Mr. Gimenez: Well, actually, what I'm doing when I'm ping on the radio is I'm trying to concentrate on the things that are going to come up on the 6t , because some people are going to get confused and they're going to look for the bond issue on the 6`f' and its' not going to be there. And then, between the 6th and the 13t"', really concentrate on trying to get the bond. Commissioner Regalado: And I understand. I'm just saying that, you know, we've got to pull together. Mr. Gimenez: Right. And what I'll do is, I will call a meeting with the developer and find out what his strategies are, and then make sure, "A," number 1, that he gets the fishermen on board, because that's what he put in his RFP (Request for Proposal), and they've got to be on board, OK, and that's a vital portion of this. And two, whatever other things are going out there, I've got to be able to make sure we can dispel those rumors. And he has got to put some real money on his side to go ahead and -- Commissioner Regalado: If he wants to. 202 October 25, 2001 • Mr. Gimenez: Yes. Commissioner Regalado: If he wants to. 0 Mr. Gimenez: I believe that he -- there is some significant money coming at the last week of the campaign from them, and he can do whatever he wants to do on that side, but I think that's coming -- Commissioner Regalado: That's his thing. But why -- my concern is the bond issue. I think we are doing all we can. The last thing that we should do is -- and I spoke to Chip yesterday. I think that we have many polling places, 95 polling places in the City of Miami. Some of them are fire stations. Some of them are parks. If we can get some other signs in every polling place in the City of Miami, saying "Remember, next November 13, we're going to have a special election, where the bond issue question will be on the ballot. Remember, vote November 13th " We have 95. Out of those 95 polling places, there are at least four or five fire stations that are polling places. At lease seven to eight parks, maybe nine parks, ten, that are polling places. So, we only need some signs, because that will give you -- and that -- and, Johnny, that pack should get volunteers on Election Day, in November, to do the last thing, you know, in the polling places. You know, vote yes for neighborhoods, and all that. I mean, I'm just saying, we have the possibility of winning the bond issue. We're not sure that we're going to win it, because it's very difficult, in this environment, to ignite enthusiasm in the voters for a bond issue. If we don't go out very clearly and say why this is not going to raise your taxes, why this is going to give you jobs very soon in the spring, we might have a problem. And that's what I'm saying. And, you know, I hope that we do it. Mr. Gimenez: Yes, sir. Vice Chairman Gort: OK. Mr. Iglesias: Commissioners, in line with what Commissioner Regalado is saying, there is an action item that, hopefully, we would be able to discuss and that is, if we're going to put additional signs, we consider potentially also a direct mail piece. Obviously, you can't say vote yes, but I think it would be informative. There would be some additional funds needed. There's a clarification that's needed. Last time there was discussion on the hundred thousand, that was originally allocated and, potentially, maybe we understood another 25, but it's not really clear. Our suggestion would be -- our recommendation is that you had the original hundred that was voted on; that if we could have another 50, it would include the 25 you discussed, a total of 50. So, it would be 150 total for all the initiatives; what we'd be able to get additional signs on and, potentially, do some direct mailing, Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: It's been moved. Is there a second? Is there a second? Commissioner Winton: Second. 203 October 25, 2001 0 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 Teele, who moved its adoption: RESOLUTION NO. 01-1161 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 01-1039, AS AMENDED BY RESOLUTION NO. 01-1113, WHICH RESOLUTIONS PROVIDED FOR AN EDUCATIONAL PROGRAM FOR THE PURPOSE OF INFORMING AND EXPLAINING TO THE VOTERS OF THE CITY OF MIAMI THE ELEMENTS INVOLVED RELATED TO THE VOTERS CONSIDERATION OF THE CHARTER AMENDMENTS, BALLOT QUESTIONS, AND THE QUESTION CONCERNING THE ISSUANCE OF GENERAL OBLIGATION BONDS SCHEDULED TO APPEAR ON THE NOVEMBER 6 rHr AND 13TH, 2001 ELECTION BALLOTS, BY INCREASING THE AMOUNT OF FUNDING ALLOCATED FOR SAID PURPOSE IN AN AMOUNT NOT TO EXCEED $50,000, FROM $100,000 TO $150,000; ALLOCATING SAID FUNDS FROM AN ACCOUNT TO BE IDENTIFIED BY THE CITY MANAGER. (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 Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Mr. Iglesias: Commissioner, one last thing we want to -- information we've been getting from the community, some feedback is, and we wanted to relay it to you is, the concept and the recommendation of potentially some sort of citizens oversight, like the Safe Neighborhood Parks has, for this type of bond program. And we wanted to bring that back to you as feedback that we've been getting from the community and just put it before you for discussion or just as an FYI (For Your Information). Mr. Gimenez: It may be beneficial, though, to the passage if -- 204 October 25, 2001 0 • Commissioner Teele: Mr. Chairman Mr. Gimenez: -- if you indicate that you have support, that -- and the folks that may be saying, "Well, they can do this or that," and they have a board that oversees that, they may be a little bit more comfortable with. Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Yes, sir. Commissioner Tecle: I would move that the Commission resolve to appoint an oversight board of at least seven members, or not more than I 1 members, with appointments to be made by both the Mayor and Commission, to provide oversight, by ordinance, of the bond issue, and it will have a life of 10 years. Commissioner Winton: So moved. I mean, second. Vice Chairman Girt: Second. Any further discussion? Being none, all in favor state it by saying "aye " The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-1162 A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT AN ORDINANCE CREATING A CITIZENS' OVERSIGHT BOARD, CONSISTING OF NO LESS THAN 7, NO MORE THAN 11 MEMBERS, TO BE APPOINTED BY THE MAYOR AND COMMISSION, TO PROVIDE OVERSIGHT OVER THE NEXT TEN YEARS OF THE ALLOCATION OF FUNDS RELATED TO THE PROPOSED GENERAL OBLIGATION BOND REFERENDUM ISSUE. 205 October 25, 2001 0 e Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado CoiTimissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None Mr. Iglesias: Our last item, Commissioner, just for your knowledge, we have established a ballot hotline. We have City employees staffing that during the week, from 9 to Spm, and on the weekends from 9 to 5pm. The number is 579-6493. It's operational -- Vice Chairman Gort: Slow, slow, slow, slow. Mr. Iglesias: It's up. I know you want to get out of here, so I'm trying to speak quickly. Vice Chairman Gort: Five seven nine -- Mr. Iglesias: Five seven nine six four nine three. And it's staffed by City employees, and they're there to answer any questions, Spanish, English and Creole. The information that you receive has the appointments of the community groups, media appointments, and it's there for you to take advantage of. And we would like for you to participate. Commissioner Winton went to the Herald editorial. There was a nice piece. That was copied in your folder. So, we're looking for your assistance in reaching out to the media and the community. Vice Chairman Gort: OK. Thank you. Any other questions? 206 October 25, 2001 • 0 Vice Chairman Gort: I'd like to, if possible, just for one minute. There's a lot of statements that's going around about this supposedly a hundred and forty-eight million dollars ($148,000,000) that was hidden and it was discovered. I would like for the Finance Department to clarify it, so everybody knows what this is all about, and they understand it and it's been in the budget always, and all our budget has shown -- and the only reason a lot of these projects were not applied is because we have gone through a lot of different management. Linda Haskins: OK. Linda Haskins, Director of Management and Budget. There's been some discussion about the monies available in the capital improvements programs. There -- as shown in the budget book, there's a hundred and nine millions dollars ($109,000,000) in available funding for the period from June 29`h of 2001 through September 30th of 2002. Those monies have always been there, always known, appropriated to specific projects. What has happened with those monies in the last year is, we certainly -- those projects in the last year -- we looked at them to see that those projects are moving. Additionally, in the budget book, there is approximately thirty-eight million dollars ($38,000,000) in additional funding available for CIP (Capital Improvement Project) programs. That money, again, is money that everyone has known about. It's in our financial statements in the CIP fund dollars. The initiative that was taken in the Iast year was simply to look at that thirty-eight million dollars ($38,000,000) and determine what the money could be used for, so that we could appropriate it to specific projects and get it spent to do improvements in the City. Vice Chairman Gort: And the main reason is, there's money that came from bond issues and you have to get a legal opinion in order to do so. Ms. Haskins: That's correct. The largest segment of the thirty-eight million dollars ($38,000,000), approximately half of it, had to do with some bonds that were issued a couple of - - a few years ago, and we needed a legal opinion, first of all, on what the money -- Commissioner Teele: Those were in the Grove. Those were Coconut Grove -- Ms. Haskins: Sanitary sewer bonds. We needed a legal opinion to see what we could spend those proceeds on. Were they solely restricted to sanitary sewers in the Grove, or could they be used for anything else. And we needed a concurrency opinion, as well. Vice Chairman Gort: And my understanding is, it's been demonstrated in all our budget books in the past years. Ms. Haskins: That's correct. 207 October 25, 2001 0 • Commissioner Teele: Mr. Chairman. Vice Chairman Gort: OK. Thank you. Yes, sir. Commissioner Teele: On the point -- well, not that point. Look, I think one of the things, to go back to this bond issue, Mr. Manager, working with Frank Rollason and the Budget Director, we've got to make sure that our Public Works Department and Parks Department have an online process to manage capital programs. Look, we keep dancing around -- and I don't want to bring up this fire stuff. But we've got some structural problems here. And we've got a great Fire -- a great Public Works Department and a great Parks Department, but we've got some serious budget interplay in both of those departments and, I mean, you know, that's a matter of common knowledge. The key to moving a bond issue is, we've got to have this thing online. The Governor's running around right now trying to find projects that they could put out. And the problem is is that if these projects aren't ready to go, you can't move them. And, so, we need to start moving -- we need to assume that we're going to pass this bond issue, and we need to be able to hit the ground running on November 14th. So, that's the point that I would like to make, Madam Director, in the budget discussions we appropriated the monies for events and parades, et cetera. Ms. Haskins: Yes. Commissioner Teele: I think it's very important that we not transfer that money to MSEA (Miami Sports and Exhibition Authority) or anywhere else, until there is an agreement, a written agreement, or interlocal agreement between the City Commission and the MSEA Board, if we can ever get to that. So, I know there is some thought within conventions and whatever that wonderful department is. Ms. Haskins: Conferences, Conventions, and Public Facilities. Commissioner Teele: I never get it right. Conventions, Conferences and Marinas, or whatever. But they need to be instructed to move forward with their program, until we have an interlocal agreement. And I understand there are a series of things, like we're going to get to the Veterans Parade that's coming up in just a few minutes, that we need to be in a position to support activities that this Commission votes to do, please. Is that all right with you? I just want to make sure. Ms. Haskins: That's absolutely fine with me. Commissioner Teele: OK. Vice Chairman Gort: OK. Thank you. 208 October 25, 2001 14y EMERC�E1cY C?N�I E ` QIA''€ ',,� pro INCREASB ,PLL Yom^[( € [ I € PT is p € t. n € [(I€ € `t 3@l���3 �C 1�� ,I�TORI�E ' �,:. I1AI�� R � lQ € �� `�`!�� �� : A�I�Eivt��� '€ �� ! 0 s ERS (e #711 Vice Chairman Gort: Commissioner, can we go back to the ordinance? Commissioner Teele: You've got your ordinance, Johnny. Commissioner Winton: Yes. You want to read it? Alejandro Vilarello (City Attorney): You want me to read it? Commissioner Winton: Did we have a motion, originally? Commissioner Teele: It was moved by you and seconded by me. Commissioner Winton: OK, good. Vice Chairman Gort: Yes. Any further discussion? Roll call. An Ordinance Entitled - AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12132 TO INCREASE THE SPECIAL REVENUE FUND ENTITLED "FLAGLER FIRST CONDOMINIUM PROJECT FUND" BY APPROPRIATING FUNDS IN THE AMOUNT OF $900,000 AS A LOAN FROM THE STRATEGIC INITIATIVE FUND; TO BE REPAID FROM PARKING SURCHARGE REVENUES OR OTHER SOURCES, IF APPROPRIATE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH KAPUSTIN CORPORATION AND JOINT PARTNERS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF A GRANT FUNDING FOR DEVELOPMENT OF THE FLAGLER FIRST CONDOMINIUM PROJECT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 209 October 25, 2001 u E 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 by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez Whereupon the Commission on motion of Commissioner Winton and seconded by Commissioner Teele, adopted said ordinance by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12153 The ordinance was read by title into the public record by the City Attorney. 210 October 25, 2001 • Commissioner Winton: Gold Star Construction. Vice Chairman Gort: Yes. Commissioner Winton: Are we ready for pocket items? Vice Chairman Gort: Pocket items, go. Commissioner Regalado: I have a pocket item. Vice Chairman Gort: Johnny, go ahead. Commissioner Winton: This is -- what did I do with my notes? The -- what did you call it? Coconut Grove -- Unidentified Speaker: Street Festival. Commissioner Winton: Yeah. Thank you. Coconut Grove Street Festival Committee ends up with a pool of dollars. Those dollars are earmarked for very specific things, for improving public right-of-way within Coconut Grove. They've got a project that they want to do. It's money from that fund. It is not City money. And, so, there's a resolution here seeking to spend fifty thousand dollars ($50,000) of the amount that they've collected. Note for the Record: At this time, Commissioner Winton read the resolution into the public record. Commissioner Winton: So moved. Commissioner Teele: Second the motion. Vice Chairman Gort: Motion -- any further discussion? Commissioner Teele: Commissioner Winton. Commissioner Winton: Yes, sir. Commissioner Teele: Let me just say this. Now, you have been here exactly two years to the day. Commissioner Winton: Is today the second? 21.1 October 25, 2001 Commissioner Teele: Well, just about. Commissioner Winton: OK. Commissioner Tecle: You have appropriated more money today than you have in the last two years. Commissioner Winton: Hey, this isn't (UNINTELLIGIBLE). Commissioner Teele: And this is a dangerous trend. I just -- Commissioner Winton: That's exactly right. Right. Vice Chairman Gort: OK. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 01-1163 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH A LANDSCAPE ARCHITECTURE FIRM FROM THE DEPARTMENT OF PUBLIC WORKS LIST OF PRE -QUALIFIED PROVIDERS FOR THE SOUTH BAYSHORE DRIVE MEDIANS BEAUTIFICATION PROJECT, IN AN AMOUNT NOT TO EXCEED $50,000; ALLOCATING FUNDS FROM PROJECT NO. 119001, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez Vice Chairman Gort: OK. 212 October 25, 2001 Commissioner Winton: Dangerous trend, dangerous trend. Commissioner Regalado: But, Johnny. Commissioner Winton: I will pay very careful attention. Commissioner Regalado: Johnny, it's important that -- I used to be the Chairman. The only committee that I ever chaired, I never chaired, which is the Coconut Grove Standing Festival Committee. But it's important that you think -- after November, to rethink the role of that committee. That committee should be used to bring events, not to block events, in Coconut Grove. That committee should be used to market Coconut Grove. That committee, which has money, should use that kind of money not only for green areas and great improvement, but to make Coconut Grove, as a whole, a better place. Commissioner Winton: A destination again. Commissioner Regalado: A destination place. And I think that, you know, we should change the philosophy and even the makeup of that committee. Commissioner Winton: That's probably right. And I will look -- remind me, just so -- Commissioner Regalado: And you should chair it, too. 213 October 25, 2001 ATIO++IG.�1, RT�PR�SINT�TI(N11TT)I T [ r a € € i T $ :;€; OFi Ass T ? t €TY T .€}€. � Oz , €€ € T �l� TER S i �IrrNi CTT A TQ[R 'S „C kI 0 , 1 I� C� T� 7ND ' )a FRN 12 , 1"�? ACCOUNTS.i 1,€ € 3 I Commissioner Regalado: I have a pocket item. Vice Chairman Gort: Go ahead. Commissioner Regalado: I have a pocket item in behalf of the City Attorney. It's a proposed resolution. It seeks authorization for the engagement of the law office of Robert Glazier for representation of the City of Miami in appellate matters, in an amount not to exceed twenty-five thousand dollars ($25,000). This is due to the sudden illness of the Assistant City Attorney responsible for appellate matters in the City Attorney's Office. So, I move the resolution. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. I haven't seen that. I wasn't listening. What did we just do, Commissioner Regalado? Commissioner Regalado: There is an Assistant City Attorney that takes care of the appeals, but she became very ill. And the City Attorney needs some appeal lawyer. Commissioner Winton: Twenty-five thousand dollars ($25,000). Thank you. Joel Maxwell (Deputy City Attorney): Yeah, we need someone to help carry the load in that particular area. Commissioner Winton: Thank you. Mr. Maxwell: The Commissioner was correct. Vice Chairman Gort: OK. Any further discussion? Being none, all in favor state it by saying «aye „ The Commission (Collectively): Aye. 214 October 25, 2001 The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 0l -1164 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ENGAGEMENT OF THE LAW OFFICES OF ROBERT S. GLAZIER FOR REPRESENTATION OF THE CITY OF MIAMI IN VARIOUS APPELLATE MATTERS DUE TO THE SUDDEN ILLNESS OF THE ASSISTANT CITY ATTORNEY RESPONSIBLE FOR APPELLATE MATTERS IN THE CITY ATTORNEY'S OFFICE, IN AN AGGREGATE AMOUNT NOT TO EXCEED $25,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM VARIOUS USER ACCOUNTS. Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez 215 October 25, 2001 oI0uH4 T�E,DC K Ii1F oIT o AMERICA,F €T�1AEi s'xQo>;To'Gxvr' FRC}11'�`„ °X>aBEov's fitE , ''" �.oRA ,`ilp ` A�GET �c lol U P>aUS PRQP tT 3(E " 1 F)` L( CA, EP I�, J � [V `,Ll� Vice Chairman Gort: Anything else? Commissioner Winton: Who's doing the Veterans thing? Vice Chairman Gort: How about all those pocket items that we have here? Whose is Commissioner Winton: Who's doing the -- Commissioner Regalado: That's Commissioner Teele. Vice Chairman Gort: Teele, Commissioner Teele. Commissioner Winton: How about the Veterans Amistad Parade thing? Commissioner Teele: Mr, Chairman, the first item that I would like to move is a resolution authorizing the donation of a passenger van, a used passenger van, to the Youth of America for their after school tutorial program from any available sources, including the Florida State Agency for Surplus Property in Jacksonville, Florida. I would so move. Commissioner Winton: Second. So, the idea here is to find a surplus property from some -- Commissioner Teele: Find a broken down -- a van that is surplus. Commissioner Winton: Agents of government out there somewhere. Commissioner Teele: That's right. Commissioner Winton: Got it. Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye 216 October 25, 2001 • The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-1165 A MOTION AUTHORIZING THE DONATION OF A PASSENGER VAN TO THE YOUTH OF AMERICA, INC. FOR ITS AFTER SCHOOL TUTORIAL PROGRAM FROM ANY AVAILABLE SOURCES INCLUDING THE FLORIDA STATE AGENCY FOR SURPLUS PROPERTY (FLSASP) LOCATED IN JACKSONVILLE, FLORIDA. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Witredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Joe Sanchez 217 October 25, 2001 0 0 78 iAEPT D'0NAT1Oi;Q,1700''f0';$E'PTANEI]3 ,f,P�JBLIC 1ZI(7HT QFC' =WAY AT;74 ENR1'HWES Tl A�T,AD T1ECT MGRQRrCT . ,. 7E ARTMENT OF CT .PUB , VL R S . TO RE1VI0 } , _ (; ]S T ANU' AS OATED 1 Q T YSTE lS PR SEI T Y LOW. THD.:TNIT Commissioner Teele: The next one is a resolution of the City of Miami accepting a donation of trees in the public right-of-way along 3`0 Avenue, next to Cohen Temple Church, with an approximate value of fifteen hundred -- Commissioner Winton: Second. Commissioner Teele: And further requesting that the Public Works Department remove the existing Ficus and extended roots that have -- that are along there destroying the sidewalks. Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor state it by saying "aye." The Commissioners (Collectively): Aye The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-1166 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE DONATION OF TREES, AT AN APPROXIMATE VALUE OF $1700, TO BE PLANTED IN COMPLIANCE WITH ALL APPLICABLE REGULATIONS IN THE PUBLIC RIGHT-OF-WAY ON NORTHWEST THIRD AVENUE, NEXT TO THE CHURCH OF GOD IN CHRIST AM COHEN TEMPLE AT 1747 NORTHWEST THIRD AVENUE, MIAMI, FLORIDA; AND DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF PUBLIC WORKS TO REMOVE THE FICUS TREES AND ASSOCIATED ROOT SYSTEMS PRESENTLY LOCATED IN SAID PUBLIC RIGHT-OF-WAY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, 218 October 25, 2001 Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez 219 October 25, 2001 0 • 9 AMID R3 SOLLJ'IO E NO, Q 1 1 a3$ WHI = H '?i CSF YOIJT PRAYED VIGIL SPON C? tE, '=,:A CR€=Y U= T� COCTNC L ' ' CHANGINNG EVENT DATE =IS TO BE �;" F,kO C'� P ' 11' Q TO NOV Q0 ANT?0TFR}ZE iAV� Q A� ESSM Commissioner Teele: This is a restated resolution, We had previously approved it. The City of Miami amending Resolution 01-1038, which approves the City's co-sponsorship of a youth prayer vigil, sponsored by the NAACP (National Association for the Advancement of Colored People) Youth Council, by amending the scheduled event date from September 30th to a new date of November 4"', from 4pm to 6, at Bayfront Park; further providing it doesn't conflict with any other scheduled events, and further authorizing the waiver of all fees at Ballfront Park Manager Trust and by the City of Miami, as waiveable, by application of law, not. to exceed eleven hundred dollars ($1,100), Commissioner Winton: Now, this is not in conflict with the Bayfront Park Trust policy of -- whatever their policy is. Commissioner Teele: No. Commissioner Winton: Is that right? Got it. Vice Chairman Gort: OK. There's a motion. Commissioner Winton: Second Vice Chairman Gort: Second. Any further discussion. Being none, all in favor state it by saying Gaye." The Commission (Collectively): Aye The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO, 01-1167 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 01-1038 WHICH APPROVED THE CITY'S CO- SPONSORSHIP OF A YOUTH PRAYER VIGIL SPONSORED BY THE NAACP YOUTH COUNCIL THEREBY CHANGING THE DATE THE EVENT IS TO BE HELD FROM SEPTEMBER 30 TO NOVEMBER 4, 2001, AND AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN AN AMOUNT NOT TO EXCEED $1100. 220 October 25, 2001 n U • Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Tecle, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez 221 October 25, 2001 $0 ; CT MANAGER T4,MQ,ST BR�I TEF . �QI�N��T�'�Y A IBBEAN } MA ETI'I ? A,' 9 jN� NOV>.NIBER„N � : „'UBL.C; FORUM. REGAR I7IIGr `)T'L' ','' '�� ,VGA ( g�D,,3`,.Iw�'X�, 7I — ORHCtOD. Commissioner Toole: Resolution of the City of Miami, requesting that the Manager host a briefing and community walk-through of the Caribbean Marketplace, to be scheduled between November 7'h and November 12`', 2001; and further to hold a public forum regarding the first- class full-service park in Little Haiti, at the Caribbean Marketplace, located at 59`h and 2"d Avenue. This has been coordinated with the Manager's Office. Commissioner Winton: 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 Toole, who moved its adoption: RESOLUTION NO. 01-1168 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO HOST A BRIEFING AND COMMUNITY WALKTHROUGH OF THE CARIBBEAN MARKETPLACE, LOCATED AT 5925-27 NORTHEAST 2Nn AVENUE, MIAMI, FLORIDA, BETWEEN NOVEMBER 7-12, 2001; FURTHER DIRECTING THE CITY MANAGER TO HOLD A PUBLIC FORUM REGARDING THE FIRST CLASS FULL SERVICE PARK TO BE LOCATED IN THE LITTLE HAITI NEIGHBORHOOD. (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 Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Joe Sanchez 222 October 25, 2001 HE Y €EfC F 0 G C 14 "'.}.i..�� }s4. _i{ N €T t lox I@ '1!!18R 13 2001 Commissioner Teele: This is a resolution of the City Commission setting a time certain for 5 p.m. at the Commission meeting scheduled for Thursday, December 13"', for the presentation by the Little Haiti Park Working Group and the American Society of Landscape Architects to present findings relating to the park concept. I would so move. Commissioner Winton: Second. Vice Chairman Gort: It's a motion and a second. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-1169 A MOTION SCHEDULING A PRESENTATION BY THE LITTLE HAITI PARK WORK GROUP AND THE AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS OF THE PROPOSED PARK CONCEPT AT 5:00 P.M. DURING THE CITY COMMISSION MEETING CURRENTLY SCHEDULED FOR. THURSDAY, DECEMBER 13, 2001. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Joe Sanchez 223 October 25, 2001 0 0 Commissioner Teele: And this relates to the Veteran's Day -- Mr. Colley, who is the president of the Allied Veteran's Association, which hosted the last years Armistice Veterans Day Parade, which will be scheduled to take place this Sunday, November 11 "' -- not this Sunday, but Sunday, November l lth, along Biscayne Boulevard, at the eternal flame marker, and ending at the Trinity Cathedral; and further requesting that the City provide in-kind services in the amount of the event, not to exceed fifteen thousand dollars ($15,000), which includes a waiver of all fees and permits permissible, including fees associated with the services of Fire, Police, Solid Waste, Parks and Recreation; and further authorizing the Manager to make cash grants within that amount to defer costs of the Performing Arts band and venue rentals, based on of nnative decision of the Manager. Commissioner Regalado: Second, Vice Chairman Gort: OK. It's been moved and second. Is any further -- Commissioner Toole: Now, would you like to just say, quickly -- because this -- I think this Armistice Day/Veterans day is a special day in our nation, and you're going to have it? Reginald Colley: Yes, sir. Commissioner Toole: And who's going to come. Obviously, that's before an election. So, obviously, you'll have at least two people there, I know. I don't know who they are, but I -- Mr. Colley: Well, I tried last year, but nobody turned up last year, And I tried all Dade County Officials and Miami officials and there wasn't one -- Vice Chairman Gort: Sir, I need your name and address, please. Mr. Colley: My name is Rich Colley. I'm the president of the Allied Veteran's Association, and I'm also a member of (UNINTELLIGIBLE) Associations. I'm the one who organized the Veterans parade last year on Armistice Day, and this is an event that's going to take place on the second Sunday of November every year. And I'd like to remind the City of Miami to put it in their Calendar of events, that the second Sunday of November is Armistice Day Parade, and also remember that it's Sunday. Actually, this year it falls on Veteran's Day, the 11th of November, and also my birthday. Commissioner Winton: Happy birthday. 224 October 25, 2001 • 0 Mr. Colley: So, anyway, we're going to have great a occasion. A lot of flags are going to be turning out for my birthday. But prior to the events of September the 1It", this parade was -- is destined to be the biggest parade in Florida. There's no doubt about it. And since September the 11`x', I'in getting so many reports about people that's going to join this parade. I've had meetings practically every day with veterans groups; federal agencies, postal workers, aviation employees, and they said they're all going to turn up for this parade. So, I can't anticipate how big this parade is last year, but I -- Commissioner Teele: One thing I want you to make sure is that, if the City votes to do this, that we work to print the program so that we're -- not just pay for it, but we have some editorial control, and that each Commissioner be afforded the opportunity to say 30 seconds on the program, or that would like to. I mean, you know, depending on that. I think, you know, we have these things and then everybody just comes in and takes over, and we just start of get caught up as an after thought. And I would ask that you work with our Manager in that regard. Mr. Colley: Certainly. Commissioner Teele: Is that satisfactory with you? Mr. Colley: Yes. I have two generals and five colonels that's going to turn up for the parade. Actually, one of the generals from Southern Command is going to be one of the speakers on the JFK (John Fitzgerald Kennedy) Memorial. I am inviting all the City Commissioners and the families, the wives, and friends, neighbors, anybody to attend this parade and be on the podium of the JFK Memorial. And I have -- already have the VIP (Very Important Person) parking spots on -- in between Biscayne Boulevard, on Northeast 3rd and Stn Streets. And -- well, anyway -- Commissioner Teele: Mr. Chairman, it may be that -- Mr. Manager, it may be also that there are certain things we ought to be involved in. For example, if we've got the commanding general of the Southern Command, somebody from our office ought to be sitting down to say, do we want to host a breakfast for him beforehand? I mean, the kind of things we couldn't ask a parade organizer to do. And I would just ask that we work closely with him and make sure that it's a first-class event. Mr. Colley: I took the liberty of putting the photographs there of last year's parade in its entirety, on those two albums there. If anybody wants to take a look at them, they can. But it shows you, from start to finish, the parade of last year. And it was pretty awesome last year, but this year it's going to be unbelievable. And I'd like to also extend an invitation to all the City officials to attend the remembrance service at the Trinity Cathedral, along with the friends and family and wives, and I will reserve seats for you in the Cathedral. That service starts between 3 and 4 o'clock, after the ceremony at the JFK Memorial, I've got a lot of surprises at the JFK Memorial, actually, and it's going to be quite a show. It's going to be one and a half hours of continual things going on at the JFK Memorial, so that you can all sit down, relax and look at these things that's going to go on. You'll be surprised. Vice Chairman Gort: Thank you, sir. 225 October 25, 2001 • 0 Mr. Colley: And I'd like to thank again for last year's support -- for supporting the parade. Well, in fact, you co-sponsored the events, and I'd like to thank you, in advance, if you're going to do it this year, as well. Thank you. Vice Chairman Gort: Thank you, sir. Open for discussion. Commissioner Winton: Mr. Chairman, who's responsible for maintaining the wall back -- Commissioner Teele: Great job. Commissioner Winton: -- behind the flame? I mean, is that Bayfront Park Trust or is that City of Miami, or what's the scoop? Vice Chairman Gort: My understanding -- Albert Ruder (Director, Parks and Recreation): The park maintains the general area. The wall probably needs some capital dollars, because there's been a lot of -- some vandalism over the years. We pay the bill for the gas -- for the torch. Commissioner Winton: You're right. It needs some capital dollars. Mr. Ruder: Yeah. Vice Chairman Gort: We had raised some money to do that. Commissioner Winton: Oh, we did? Vice Chairman Gort: Yeah. Commissioner Teele: Mr. Chairman. Commissioner Winton: Hope we spent -- maybe we could spend it before the parade. Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Yes. Commissioner Teele: I have additional -- a resolution -- Vice Chairman Gort: All right. Let's do this one first. Alejandro Vilarello (City Attorney): On that last item, the resolution -- there is a resolution in front of you. It needs to be modified, that the in-kind services are not to exceed fifteen thousand. Commissioner Teele: Exactly. 226 October 25, 2001 Mr. Vilarello: That's not in there. Commissioner Teele: The in-kind and cash are not to exceed -- Mr. Vilarello: Not to exceed fifteen thousand. Vice Chairman Gort: OK. All in favor state it by saying "aye." The Commission (Collectively): Aye The following resolution was introduced by Commissioner Toole, who moved for its adoption: RESOLUTION NO. 01-1170 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE ALLIED VETERANS ARMSTICE DAY PARADE ON NOVEMBER 11, 2001, ORGANIZED BY THE ALLIED VETERANS ASSOCIATION, INC.; AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC; AND AUTHORIZING THE ALLOCATION OF FUNDS, IN THE CUMULATIVE AMOUNT NOT TO EXCEED $15,000, FROM ACCOUNT NO. 001000921054.6.289, ENTITLED "SPECIAL EVENTS FESTIVAL ACCOUNT," FOR THE FOLLOWING: (1) THE WAIVER OF FEES AND PERMITS PERMISSIBLE BY LAW, INCLUDING THOSE REQUIRED FOR THE USE OF THE PUBLIC RIGHT- OF-WAY, (2) THE PROVISION OF IN-KIND SERVICES BY THE DEPARTMENTS OF POLICE, FIRE -RESCUE, GENERAL SERVICES ADMINISTRATION, AND SOLID WASTE, AND (3) A CASH GRANT TO DEFRAY THE COSTS FOR VENUE RENTAL AND TO ENGAGE PERFORMING ARTISTSBANDS; CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER. NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH THE PARADE; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. 227 October 25, 2001 E Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez 228 October 25, 2001 • 0 83. (A) , PPO[NT C. II:SSON R 'TOHNNY , L �VIINTON ASE C ARP ;RSC? fJ)ANTOWNIJEVEI�,OP !1 TT AUT QRT I`Y � Ti�A) (B) DUCUS ION CONCE LING APPQiNT NGC M1VlIS�ONER�'` tO � A ,A CHATRPERS.QN OF 1NT1?tT>�4N1-'TR1LL7OARTaI'} ;.. Vice Chairman Gort: OK. What else? Commissioner Teele: This is a resolution of the Miami City Commission appointing Commissioner Tomas Regalado as Chairperson of the International Trade Board, effective November 6, 2001. Commissioner Winton: Am I resigning from the International Trade Board? Commissioner Teele: I would hope so. Commissioner Regalado: Because we are appointing you. We are appointing you. Commissioner Tecle: Well, I don't know what you're going to do now, so you -- we're going to do this one at a time. You've got a problem? Commissioner Winton: Yeah. Well, I -- yeah. Because, you know, there's some stuff that's just about there, and I'd hate to get out before we get it done. Commissioner Regalado: No. I think -- then I'll take the other board. Commissioner Teele: No, I'm not going for that, That's what I'm trying to avoid. Johnny, I'm fighting for you, Johnny. Commissioner Regalado: I'll take the other board. No. I think -- no, no. Really, Johnny understands. Commissioner Teele: I tell you what, I'll withdraw that resolution. I will move a resolution of the City Commission appointing Commissioner Johnny L. Winton as Chairperson of the DDA (Downtown Development Authority), effective November 5th, 2001. Commissioner Winton: Then we need to do something about the other one that I'm on. Commissioner Teele: Well, but will you second either one of them? Commissioner Winton: Yeah. Did you just make a motion or second? Commissioner Teele: Yeah. That's the one on the DDA. Commissioner Winton: Second. 229 October 25, 2001 0 0 Commissioner Toole: And, trust me, it's a lot easier to figure this out with four people here now than five people on the 14t''. Vice Chairman Gort: It's been motion and a second. Is there any further discussion? Being none, 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. 01-1171 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER JOHNNY L. WINTON AS CHAIRPERSON OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR A TERM AS DESIGNATED HEREIN. Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Toole: I would move that Commissioner Regalado be designated as the Chairman of the International Trade Board, effective December 27"' --December 20". Commissioner Regalado: Really -- Commissioner Winton: Yeah. I mean, I'd rather -- Vice Chairman Gort: December 20tH Commissioner Toole: Upon your resignation. Commissioner Winton: I can't get done whatever it is in a month -- I mean, this isn't another month's task here. I'd rather be talking about what we're going to do about -- Commissioner Teele: Upon your resignation. Commissioner Winton: Upon my resignation from -- 230 October 25, 2001 0 Commissioner Teele: From your written resignation filed with the Clerk. Commissioner Winton: OK. From the International Trade Board? Commissioner Teele: From the International Trade Board. Commissioner Winton: Second. Vice Chairman Gort: OK. Any further discussion? Commissioner Teele: I would hope that that will not be after December 30th, though. Vice Chairman Gort: All in favor -- Commissioner Regalado: No. Really, I think -- you know, if you can handle that, I would rather have you in that board, because -- I mean, you have -- Commissioner Teele: Tomas, it's not that simple. Let me tell you something. Commissioner Regalado: No, no. Commissioner Teele: It's not your choice because, in two weeks -- Commissioner Regalado: I'll take MSEA (Miami Sports and Exhibition Authority). Commissioner Teele: In two weeks, somebody's going to come in here and say, "I want to be chairman of something." Commissioner Regalado: I know. And he or she would have all the right in the world. But, remember, I have never requested to be chairman of anything, never in my five and a half, six years down here. Commissioner Teele: Are you suggesting that you would like to go to MSEA at this time? Commissioner Regalado: I don't know what's the make up of MSEA right now, but yeah, I would like to go to MSEA. Commissioner Tecle: But, see, that's going to require -- you have two appointments. You've made both. That's going to require one. Why don't we do this: Why don't we -- Commissioner Winton: Not if I'm not Chairman of the Board. Well, that is true, you'd have to take one off, no matter what, even if I'm not -- Commissioner Teele: Yeah. And I think Commissioner Winton, in fairness to you, might be willing to make the appointment of one of the two people you have their, maybe, and that is a 231 October 25, 2001 0 0 way to accommodate that. But the fact of the matter is, we have to be fair, that we have someone who's not here, who's going to be coming here to replace Commissioner Gort. And what I'm trying to do is, at least, get this done so that it's not an open sore, where everybody walks in, like my dear friend who was once a female Commissioner here and demanded to be chairman of about five boards in the same meeting. Commissioner Regalado: It's true. It could happen. Vice Chairman Gort: OK. What's the motion? Commissioner Winton: What did we just do about MSEA? Commissioner Teele: We can't do anything about MSEA. I think, if you would resign from MSEA and make an appointment that would make Commissioner -- one of the two members that Commissioner Regalado has there, then it would open the door for him to go there, as his own appointment. Commissioner Winton: Which I could do. Commissioner Teele: Yeah. Commissioner Winton: Or — Commissioner Tecle: Yeah. Commissioner Winton: Because I think that one of the two of you should -- and I don't know which -- Commissioner - Commissioner Teele: Tomas. Commissioner Winton: You know, one of the two of you should absolutely be Chairman of MSEA. Commissioner Teele: Well -- Commissioner Regalado: Chairman -- the Chairman -- remember, the Chairman, he invites the Mayor. Commissioner Winton: Well, whatever it's called. Vice Chairman, whatever position I had. Commissioner Regalado: The Chairman -- Commissioner Teele: That was a decision we made to accommodate Bert Hernandez and Xavier Suarez, because up until that time, the Commissioner served as chairman of MSEA. That was something that Bert did to allow Suarez to become chairman. 232 October 25, 2001 0 . Commissioner Winton: Was that by resolution or ordinance? Commissioner Teele: By ordinance. Vice Chairman Gort: Ordinance. Commissioner Teele: So, you know, that's the problem. Once you change, then it's almost like you're taking something from somebody. So, once you take it back from the Mayor, it's going to look like you're taking it back, and no one wants to start a fight with the Mayor before the person comes in office, or stays in office. It's delicate. Trust me, it's much easier to do it now than on the -- Commissioner Winton: So I'll -- and when do I do that? Commissioner Teele: If you would resign from MSEA, in writing, and designate to the Clerk one of two of Commissioner Regalado's appointments, then, at the next meeting, Commissioner Regalado could nominate himself to serve as the Vice -- which would mean he would be Vice Chairman of MSEA. Commissioner Winton: Got it. Vice Chairman Gort: OK. Fine. So what's the motion? Commissioner Winton: It didn't require one. Commissioner Teele: It doesn't require one. Vice Chairman Gort: Okey doke. 233 October 25, 2001 4 .:APPROVE ACQIi�T Q C(hT: �PAVC` SRS FOR SPORT$ qo. ,.g SAT VARI`OUS CITY' PA�1 � 'FRflIuIE �.C�ILF:'�QU�'S CONSTR:ITCT��7 CNi , AND° McCaLTR' CU PAR`�MENT of PARAS ANDS ��IQN UNDER EXIST IYIIATVIL�I3 'X ;C(�I11?T; ENcI 11;53 ao�Cw7 `,4,o,`I� ocATErrDs FRO�vI °= A.TMQY1E1 Commissioner Regalado: I have a pocket item that I -- Vice Chairman Gort: Go ahead. Commissioner Regalado: This is in behalf of the Parks Department, and it's a resolution approving the acquisition of construction and paving services Sports Courts at City parks and two companies, on the existing Miami -Dade County contract, in an amount not to exceed seventy-four thousand dollars ($74,000). The reason that this is an emergency is because this is Miami -Dade County contract. They're getting evicted and we're doing tennis courts in several parks in the City of Miami. So, I'll move the resolution. Commissioner Teele: Second the motion. Is it an ordinance or a resolution? Commissioner Regalado: It's a resolution. Commissioner Teele: Call the question Commissioner Winton: Second. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 01-1172 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF CONSTRUCTION AND PAVING SERVICES FOR SPORTS COURTS AT VARIOUS CITY PARKS FROM AGILE COURTS CONSTRUCTION, INC., AND MCCOURT CONSTRUCTION, INC. FOR THE DEPARTMENT OF PARKS AND RECREATION, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 1153-0/01/CW, IN AN AGGREGATE AMOUNT NOT TO EXCEED $74,800 ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NOS. 331357, 332133, 331356, 331312, AND 331369, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. 234 October 25, 2001 0 (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: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez 235 October 25, 2001 • 0 Commissioner Teele: Chairman, I left off one thing and, at the request of the Mayor -- and I join him in this, and I think the Manger is in support. There is a very big football game that's held at the Orange Bowl. It's called the Soul Bowl. And they're asking for waivers of all of the permissible fees, as well as support of up to seven thousand five hundred dollars ($7,500) from the promotional -- what's the account? Christina Abrams (Director, Conferences, Conventions & Public Facilities): Special Events Fund? Commissioner Teele: Yes. And I would move the -- Commissioner Winton: Is that the money that got transferred where MSEA (Miami Sports & Exhibition Authority), as being the -- Mr. Carlos Gimenez (City Manager): (INAUDIBLE) transferred, yeah. Commissioner Teele: It, never was transferred. Commissioner Winton: OK. Good. Because it turns out (UNINTELLIGIBLE). They don't have any resources to figure this stuff out. They're in worse shape than -- Commissioner Teele: Without -- That's why I was saying, without an interlocal agreement it becomes difficult. Commissioner Winton: Well, no, worse. They didn't have the resources to figure out how to just get the job done. I mean -- Commissioner Teele: Exactly. Commissioner Winton: So, they were in a worse position to make any decent decisions at this point in time, given the staff resources they have, than the City was. Commissioner Teele: Right. I would so move, and I think it was seconded by -- Commissioner Winton: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye 236 October 25, 2001 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 1173 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN AN AMOUNT NOT TO EXCEED $7,500, FOR THE SOUL BOWL, THE ANNUAL HIGH SCHOOL FOOTBALL GAME BETWEEN NORTHWESTERN AND JACKSON HIGH SCHOOLS, TO BE HELD AT THE ORANGE BOWL ON SATURDAY, OCTOBER 27, 2001; CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE, TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Teele: Mr. Chairman, would you -- Mr. Manager, would you get with me on the other accommodations for the Soul Bowl event that night? Carlos Gimenez (City Manager): Yes, sir. 237 October 25, 2001 3 fi..pRl S T1TI Ns.��.FCITY'S1 Y`ZO ±r1 t�Q1�ic MAR T Carlos Gimenez (City Manager): Mr. Chairman, I have one thing that I'd like to distribute. I have, you know, the top 10 CD (Compact Disk), entitled City of Miami Annual Budget. It's on CDs so that anytime you want to know what we're doing, or what money we have, or where we got it from, et cetera, it's right here. Commissioner Regalado: It's cool Vice Chairman Gort: Very good. 238 October 25, 2001 137€ �?R�ITAIiE£ OIC G')OBX FESTIVAL; , CRTIFIS ;�,T4(? MITSS QAll Vice Chairman Gort: Any other business? Commissioner Teele: There's one -- didn't you have a presentation? Dorothy P, Lee: Good evening. Commissioner Winton: Good evening. Ms. Lee: Dorothy P. Lee, from 3459 Percival Avenue, representing the Miami/Bahamas Goombay Festival. We have certificates that we would like to present to each one of you, and the Mayor. If so, I'd like to do it now. Commissioner Regalado: Thank you. Commissioner Teele: Thank you, Ms. Lee. I'd be pleased to take the one for the Mayor, Thank you, Ms. Lee. 239 October 25, 2001 ,'HANK C0MMI$% f G R ' F :€ ' ' A G, C Vice Chairman Gort: Is there any other business to come in front of this Commission? Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Do I have a motion? Yes, sir. Commissioner Winton: Let's go, Canes! Commissioner Teele: Thank you, again, for your tremendous tenure as Chairman. (APPLAUSE) Vice Chairman Gort; Thank you. Thank you. It's been a pleasure, gentlemen -- ladies and gentlemen. 240 October 25, 2001 • 0 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 5:58 P.M. JOECAROLLO MAYOR ATTEST: Walter J. Foeman CITY CLERK Sylvia S. Scheider ASSISTANT CITY CLERK (SEAL) 241 October 25, 2001