HomeMy WebLinkAboutCC 2000-03-23 MinutesCITY
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON MARCH 23, 2000
PREPARED BY THE OFFICEIOF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
INDEX
MINUTES OF COMMISSION MEETING
March 23, 2000
ITEM NO. SUBJECT
LEGISLATION
L CONSENT AGENDA 3/23/00
2-3
1.1. ACCEPT BID OF AMERICAN LA FRANCE/MEDIC 3/23//00
MASTER, FOR ADVANCED LIFE SUPPORT TRAINING R-00-248
AIDS FOR DEPARTMENT OF FIRE -RESCUE, $20,769; 3
ALLOCATE FUNDS.
1.2. ACCEPT BID OF AMERICAN MEDICAL DEPOT, FOR 3/23/00
INTRAVENOUS CATHETERS FOR THE DEPARTMENT R-00-249
OF FIRE -RESCUE, $39,572.50; ALLOCATE FUNDS. 3
1.3 ACCEPT BIDS OF CANNON SPORTS, INC., GOPHER 3/23/00
SPORT, SPORTS SUPPLY GROUP, INC. D/B/A BSN R-00-250
SPORTS, ZIPP SPORTING GOODS, COLLEGIATE 4
PACIFIC, INC., AND BILL FRITZ SPORTS CORP, FOR
RECREATIONAL EQUIPMENT AND SUPPLIES, FOR
THE DEPARTMENT OF PARKS AND RECREATION,
$14,140.94; ALLOCATE FUNDS FROM PARKS AND
RECREATION OPERATING BUDGET.
1.4. ACCEPT BID OF MITCHELL'S LAWN MAINTENANCE, 3/23/00
FOR LAWN AND GROUNDS MAINTENANCE R-00-251
SERVICES AT VARIOUS POLICE FACILITIES, $14,232; 5
ALLOCATE FUNDS FROM POLICE GENERAL
OPERATING BUDGET.
1.5 AUTHORIZE . REFURBISHING VANS FOR THE 3/23/00
DEPARTMENT OF POLICE CRIME SCENE R-00-252
INVESTIGATION UNIT BY E.S.E.F. 5
INCORPORATED, AWARDED PURSUANT TO
MIAMI-DADE COUNTY SUBJECT TO FURTHER
EXTENSIONS BY THE COUNTY, $60,376.30;
ALLOCATE FUNDS FROM POLICE GENERAL
OPERATING BUDGET.
1.6 AUTHORIZE INCREASE IN CONTRACT WITH
PAGING NETWORK OF TENNESSEE, INC.
AWARDED UNDER MIAMI-DADE COUNTY
CONTRACT, FOR RENTAL OF PAGERS. FOR
VARIOUS USER DEPARTMENTS, $8,000, FOR A
TOTAL CONTRACT AMOUNT NOT TO EXCEED
$53,000, FOR PURCHASING DEPARTMENT, TO BE
UTILIZED CITYWIDE; ALLOCATE FUNDS FROM
OPERATING BUDGETS OF USER DEPARTMENTS.
1.7 AUTHORIZE MANAGER TO ISSUE REQUEST
FOR PROPOSALS TO SOLICIT CONSULTANT TO
DEVELOP, SCORE, AND
ADMINISTER/IMPLEMENT PROMOTIONAL
EXAMINATIONS IN 2001 FOR CIVIL SERVICE
CLASSIFICATION OF POLICE CAPTAIN FOR
THE DEPARTMENT OF HUMAN RESOURCES;
$100,000; ALLOCATE FUNDS FROM GENERAL
OPERATING BUDGET OF POLICE DEPARTMENT.
1.8 DIRECT MANAGER TO APPLY FOR HIGHWAY
BEAUTIFICATION GRANT FROM STATE OF
FLORIDA, DEPARTMENT OF
TRANSPORTATION FOR LANDSCAPING A
PORTION OF BRICKELL AVENUE (STATE ROAD
NO. 5) FROM S.E. 5TH STREET TO 25 ROAD.
3/23/00
R-00-253
6
3/23/00
R-00-254
7
3/23/00
R-00-255
7
2. LATIN QUARTER SPECIALTY CENTER
PLANNED IN LITTLE HAVANA
NEIGHBORHOOD:
1. AUTHORIZE MANAGER TO EXECUTE
SUBORDINATION AGREEMENT (S) WITH
EAST LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION, PACIFIC
NATIONAL BANK, LOCAL INITIATIVES
SUPPORT CORPORATION. (LISC) AND
MIAMI-DADE COUNTY IN CONNECTION WITH
FINANCING;
2. GRANTING AN EXTENSION TO DECEMBER
31, 2000 TO EAST LITTLE HAVANA
COMMUNITY DEVELOPMENT
CORPORATION TO COMMENCE
CONSTRUCTION OF THE LATIN QUARTER
SPECIALTY CENTER, TO BE LOCATED AT
1435 S.W. 81H STREET.
3. AUTHORIZE MANAGER TO DE -OBLIGATE
$1,000,000 IN FY' 1996-1997 STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP)
PROGRAM FUNDING ALLOCATED TO EAST
LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION IN
CONNECTION WITH FINANCING PURSUANT
TO RESOLUTION 97-864.
3. RATIFY, APPROVE, CONFIRM MANAGER'S
FINDING OF SOLE SOURCE, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED
BIDS; APPROVE ACQUISITION AND
INSTALLATION OF AN 800 MHZ QUANTAR
REPEATER WITH ACCESSORIES, FROM
MOTOROLA, INC., FOR DEPARTMENT OF FIRE -
RESCUE, $80,000; ALLOCATE FUNDS.
3/23/00
R-00-256
R-00-257
R-00-258
8-17
3/23/00
R-00-259
17-18
4. RATIFY, APPROVE, CONFIRM MANAGER'S'
3/23/00
FINDING OF SOLE SOURCE; WAIVE
R-00-260
REQUIREMENTS FOR COMPETITIVE SEALED
18-21
BIDS; APPROVE ACQUISITION OF WIRELESS
CELLULAR DIGITAL PACKET DATA SERVICE,
FROM, AT&T WIRELESS SERVICES, FOR
DEPARTMENT OF INFORMATION TECHNOLOGY,
$225,000, ALLOCATE FUNDS FROM OPERATING
BUDGETS OF VARIOUS USER DEPARTMENTS.
5. A. KPMG LLP CONCERNING FY 1999
3/23/00
ANNUAL AUDIT;
DISCUSSION
B. MONTHLY FINANCIAL REPORT
21-30
INCLUDING BUDGET OUTLOOK AND
FINANCIAL UPDATE.
6. APPROVE CUBAN . MUNICIPALITIES FAIR CORP.,
3/23/00
FAIR OF THE CUBAN MUNICIPALITIES IN EXILE, ON
R-00-261
PARKING LOT FLAGLER DOG TRACK, N.W. 37TH
30-33
AVENUE AT 7TH STREET, WAIVER THAT THE EVENT
WILL NOT COUNT AS ONE OF THE TWO ALLOCATED
ANNUAL EVENTS FOR SITE.
7. EMERGENCY ORDINANCE: ESTABLISHING
3/23/00
NEW SPECIAL REVENUE FUND "2000-2001
ORDINANCE
WELFARE TO WORK PROGRAM";
NO. 11905
APPROPRIATE FUNDS, $2,433,960, CONSISTING
33-35
OF GRANT FROM U.S. DEPARTMENT OF LABOR
THROUGH THE SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM - ACCEPT
GRANT.
8. EMERGENCY ORDINANCE: ESTABLISH
3/23/00
SPECIAL REVENUE FUND: "WYNWOOD/HIDTA
ORDINANCE
COMMUNITY EMPOWERMENT CRIME AND
NO. 11906
DRUG DEMAND REDUCTION PROGRAM,"
35-38
INITIAL RESOURCES AND APPROPRIATIONS
AND AUTHORIZE EXPENDITURES, $41,700,
CONSISTING OF GRANT FROM HIGH INTENSITY
DRUG TRAFFICKING. AREA COMMUNITY
EMPOWERMENT CRIME AND DRUG DEMAND
REDUCTION PROGRAM THROUGH MONROE
COUNTY SHERIFF'S OFFICE, ACCEPT GRANT.
9. FIRST READING ORDINANCE:. ESTABLISH NEW
SPECIAL REVENUE FUND: "FEMA/USAR
GRANT AWARD (FY 2000)," APPROPRIATE
FUNDS $150,000 CONSISTING OF GRANT
ALLOCATED BY FEDERAL EMERGENCY
MANAGEMENT AGENCY, FOR EQUIPMENT,
TRAINING, MANAGEMENT, AND
ADMINISTRATION OF SOUTH FLORIDA URBAN
SEARCH AND RESCUE PROGRAM; ACCEPT
GRANT.
10. ACCEPTING THE PLAT ENTITLED WALTON
MOUNTAIN.
11. AUTHORIZE INCREASE IN CONTRACT WITH
HANDSEL ELECTRIC COMPANY OF FLORIDA, INC.,
$10,000, TO TOTAL ANNUAL $40,000, FOR
ELECTRICAL MAINTENANCE SERVICES, FOR
PURCHASING DEPARTMENT TO BE UTILIZED
CITYWIDE; ALLOCATE FUNDS FROM OPERATING
BUDGETS OF USER DEPARTMENTS.
12. RELATING TO PARROT JUNGLE PROJECT ON
WATSON ISLAND, AUTHORIZE MANAGER TO
EXECUTE (I) A DEVELOPMENT AGREEMENT
WITH MIAMI-DADE COUNTY AND PARROT
JUNGLE AND GARDENS OF WATSON ISLAND,
INC., ESTABLISH TERMS AND CONDITIONS OF
$25 MILLION SECTION 108 LOAN GUARANTEE
FROM MIAMI-DADE COUNTY TO PARROT
JUNGLE AND GARDENS OF WATSON ISLAND,
INC., (ii) A MODIFICATION TO THE LEASE AND
DEVELOPMENT AGREEMENT DATED
SEPTEMBER 2, 1997 - REVIEW NEXT MEETING.
13. AUTHORIZE PURCHASE OF HYDRAULICALLY -
OPERATED RECYCLE BODY AND
CHASSIS
TRUCKS FROM CONTAINER SYSTEMS &
EQUIPMENT, AWARDED UTILIZING
CITY OF
VENICE, FOR DEPARTMENT OF
GENERAL
SERVICES ADMINISTRATION TO BE
UTILIZED
BY THE DEPARTMENT OF SOLID
WASTE,
$1,249,960; ALLOCATE FUNDS FROM
CAPITAL
IMPROVEMENT PROJECT.
3/23/00
FIRST READING
ORDINANCE
38-39
3/23/00
R-00-262
39-40
3/23/00
R-00-263
41-43
3/23/00
R-00-264
43-56
3/23/00
R-00-265
56-58
14. APPROVE PROCUREMENT OF SELF
CONTAINED BREATHING APPARATUS AND
ACCESSORIES FROM DRAEGER SAFETY, INC.,
AWARDED PURSUANT TO MIAMI-DADE COUNTY
CONTRACT, SUBJECT TO FURTHER
EXTENSIONS BY THE COUNTY, $600,000, FOR
DEPARTMENT OF FIRE -RESCUE; ALLOCATE
FUNDS FROM CAPITAL IMPROVEMENT
PROJECT FUNDED BY FIRE ASSESSMENT.
15. APPROVE PURCHASE OF EMERGENCY
MEDICAL SERVICE (EMS) VEHICLES WITH
OPTIONS, FROM AERO PRODUCTS
CORPORATION, USING MIAMI-DADE COUNTY
CONTRACT, SUBJECT TO EXTENSION (S) BY
MIAMI-DADE COUNTY, FOR DEPARTMENT OF
FIRE -RESCUE, $510,076 AND $25,503.80 IN
CONTINGENCY RESERVE, FOR A TOTAL
AMOUNT NOT TO EXCEED $535,579.80;
ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENT PROGRAM, "FIRE -RESCUE
NEW APPARATUS ACQUISITION," FUNDED BY
FIRE ASSESSMENT.
16. AUTHORIZE MANAGER TO EXECUTE
PROFESSIONAL SERVICES AGREEMENTS,
WITH VARIOUS INDIVIDUALS TO PROVIDE
COMMUNICATIONS OPERATOR SERVICES FOR
DEPARTMENT OF POLICE ALLOCATE FUNDS,
$150,000, FROM POLICE DEPARTMENT
GENERAL OPERATING BUDGET.
3/23/00
R-00-266
59-60
3/23/00
R-00-267
61-62
3/23/00
R-00-268
63-64
17. RATIFY, APPROVE, CONFIRM MANAGER'S
3/23/00
FINDING OF EMERGENCY, WAIVE
R-00-269
REQUIREMENTS FOR COMPETITIVE SEALED
65-66
BIDS, APPROVE PROVISION OF POLICE/FIRE
DISPATCHED TOWING AND WRECKER
SERVICES INCLUDING TOWING OF CITY -
OWNED, LEASED AND RENTED VEHICLES BY
BANOS TOWING CORP, DIAZ TOWING
SERVICES, INC., DOWNTOWN TOWING CO.
INC., FREEWAY TOWING, INC., KINGS
WRECKER SERVICES, INC., MIDTOWN TOWING
OF MIAMI, INC., MOLINA TOWING, INC., NUWAY
TOWING, SOUTHLAND TOWING, AND TED AND
STANS TOWING, FROM NOVEMBER 1, 1999
THROUGH MARCH 31, 2000, $70,000;
ALLOCATE FUNDS FROM POLICE GENERAL
OPERATING BUDGET.
18. AMEND RESOLUTION 00-043, AD HOC
3/23/00
COMMITTEE TO INVESTIGATE AND REVIEW
R-00-270
COMMUNITY RELATIONS BETWEEN POLICE
67-69
DEPARTMENT AND PARTICIPATING
INDIVIDUALS THAT TRANSPIRED THE WEEK
OF JANUARY 3, 2000, RELATED TO PROTESTS
AND DEMONSTRATIONS CONCERNING ELIAN
GONZALEZ' POLITICAL ASYLUM AND CUSTODY
HEARING, TO EXTEND DEADLINE FOR FINAL
REPORT.
19. APPOINT MEMBERS OF THE URBAN
3/23/00
DEVELOPMENT REVIEW BOARD: BERNARD
M-00-271
ZYSCOVICH, CLYDE JUDSON, ROBERT
70-71
CHISHOLM, DAVID WOLFBERG, EMMANUEL
UCHE.
20. BRIEF COMMENTS RE PRESENTATIONS BY 3/23/00
CERTAIN BOARDS. DISCUSSION
71-72
21. PROCEED WITH GROUND BREAKING 3/20/00
CEREMONY FOR PROPOSED CHARLES HADLEY M-00-272
PARK COMMUNITY CENTER. 71-78
0
U
22. APPOINT WILLY BERMELLO AND JUAN 3/23/00
ZUBILLAGA AS MEMBERS OF THE URBAN M-00-273
DEVELOPMENT REVIEW BOARD. 78-80
23. A. APPOINT COMMISSIONER REGALADO AS
3/23/00
MEMBER OF GREATER MIAMI CONVENTIONS AND
R-00-274
VISITORS BUREAU; .
R-00-275
B. URGE FLORIDA LEGISLATURE TO ENACT AN
80-98
AMENDMENT TO AUTHORIZE CITIES IN
MIAMI-DADE COUNTY TO COLLECT A HOTEL AND
RESTAURANT TAX IMPOSED BY MIAMI-DADE
COUNTY PURSUANT TO STATUTE FROM CERTAIN
NEW HOTELS AND RESTAURANTS; EXPRESSING
INTENT TO UTILIZE REVENUE TO PROMOTE THE
CITY OF MIAMI.
24. APPOINT MEMBERS OF URBAN DEVELOPMENT
3/23/00
REVIEW BOARD: RICHARD ARRANGO, WILLIE
R-00-276
BERMELLO, JUAN ZUBILLAGA, BERNARD
98-99
ZYSCOVICH, CLYDE JUDSON, ROBERT CHISHOLM,
DAVID WOLFBERG, EMMANUEL UCHE.
25. DREDGE OF MIAMI RIVER, FEDERAL PROJECT BY
3/23/00
THE U.S. ARMY CORP OF ENGINEERS; MANAGER
M-00-277
TO CONSIDER FAIR SHARE OF CITY'S
99-101
CONTRIBUTION AND IDENTIFY VEHICLE FOR
FUNDING PROJECT.
26. BRIEF COMMENTS RE LATIN QUARTER 3/23/00
SPECIALTY CENTER - DISCUSS NEED TO DISCUSSION
RESCHEDULE APRIL 20TH SPECIAL MEETING [SEE 101-103
SECTION # 52]
27. DEPARTMENTAL PRESENTATION BY TERESITA 3/23/00
FERNANDEZ RE HEARING BOARDS. PRESENTATION
103-106
28. URGE UNITED STATES DEPARTMENT OF 3/23/00
IMMIGRATION AND NATURALIZATION SERVICES, R-00-278
THE . ATTORNEY GENERAL JANET RENO, TO 106-109
FACILITATE EFFORTS OF THE FAMILY OF THE
ELIAN GONZALEZ TO SEEK ASYLUM FOR HIM TO
REMAIN IN THE UNITED STATES.
29. MANAGER TO IDENTIFY FUNDS FOR "RAISE THE 3/23/00
STANDARD BENEFIT," SPONSORED BY R-00-279
RECAPTURING THE VISION, AT MIAMI ARENA. 109-110
30. TASTE OF SOUL FEST, HOSTED BY MODEL CITY 3/23/00
NEIGHBORHOOD ENHANCEMENT TEAM SERVICE R-00-280
CENTER, AT HADLEY PARK, N.W. 12TH AVENUE 111-115
AND 50TH STREET, WAIVE FEES.
31. REQUEST SURVEY OF ALL CHARGES ASSESSED 3/23/00
TO CITY OF MIAMI FACILITIES BY THE WATER M-00-281
AND SEWER AUTHORITY. 115-116
32. MANAGER TO EXECUTE REVOCABLE LICENSE 3/23/00
AGREEMENT WITH SFLFL, INC., FOR USE OF A R-00-282
PORTION OF ORANGE BOWL STADIUM. 116-118
33. MANAGER TO IDENTIFY FUNDS, $200,000, CITY'S 3/23/00
PARTICIPATORY SHARE, ALONG WITH THE STATE R-00-283
OF FLORIDA DEPARTMENT OF TRANSPORTATION, 118-120
MIAMI-DADE COUNTY, AND THE METROPOLITAN
PLANNING ORGANIZATION, TO COVER EXPENSES
REQUIRED FOR .THE PREPARATION OF A
COMPREHENSIVE MULTI -MODAL
TRANSPORTATION PLAN FOR THE DOWNTOWN
MIAMI AREA, AS RECOMMENDED BY THE
DOWNTOWN COMPREHENSIVE
TRANSPORTATION MASTER PLAN TASK FORCE.
34. DISCUSS PROPOSAL TO CHARGE $4 FEE PER 3/23/00
CRUISE PASSENGER USING PORT OF MIAMI TO DISCUSSION
FUND MARLINS BASEBALL STADIUM IN 121-123
DOWNTOWN MIAMI.
35. ADJOURN MORNING SESSION OF AGENDA - OPEN 3/23/00
PLANNING AND ZONING MEETING. M-00-284
123
36. CONTINUE CONSIDERATION OF PROPOSED FIRST 3/23/00
READING ORDINANCE TO AMEND THE ZONING M-00-285
ORDINANCE IN ORDER TO MODIFY BONUS 124-125
PROVISIONS RELATED TO COMMUNITY
THEATERS.
37.
APPROVE MAJOR USE SPECIAL PERMIT FOR
3/23/00
BRICKELL COMMONS PROJECT TO ALLOW MIXED
R-00-286
USE DEVELOPMENT AT 750 SOUTH MIAMI
125-137
AVENUE AND 431-729 SOUTH MIAMI AVENUE
[APPLICANT: MIAMI RETAIL PARTNERS, LLC]
38.
APPROVE MODIFICATION OF RESTRICTED
3/23/00
COVENANT FOR 2951-2999 S.W. 22ND TERRACE
R-00-287
AKA RADIO MAMBI PROPERTY TO ALLOW
138-141
CONSTRUCTION OF MIXED USE PROJECT WITH
RESIDENTIAL TOWER FRONTING CORAL WAY
[APPLICANT: CHALLENGER CORPORATION,
OWNER, AND BAP DEVELOPMENT, CONTRACT
PURCHASER]
39.
VACATION AND CLOSURE OF ALLEY BETWEEN
3/23/00
WEST OF N.E. 2ND COURT AND EAST OF N.E. 2ND
R-00-288
AVENUE, IMMEDIATELY SOUTH OF N.E. 24TH
142-143
STREET TO ALLOW UNIFIED DEVELOPMENT SITE.
[APPLICANT: MICHAEL WOHL, PRESIDENT FOR
WYNWOOD TOWER APARTMENTS, LTD. & PAOLO
COMETTO]
40.
AMEND SOUTHEAST OVERTOWN PARKWEST
3/23/00
DEVELOPMENT OF REGIONAL IMPACT (DRI) TO
R-00-289
EXTEND BUILDOUT/TERMINATION DATE
143-145
[APPLICANT: PLANNING AND ZONING
DEPARTMENT]
41.
FIRST READING ORDINANCE: AMEND COMP
3/23/00
PLAN 10544 BY CHANGING LAND USE
FIRST READING
DESIGNATION AT 300-350 SOUTH MIAMI AVENUE,
ORDINANCE
18-62 S.W. 3 STREET AND 24-75 S.W. 4 STREET
145-146
FROM OFFICE AND CENTRAL BUSINESS DISTRICT
TO RESTRICTED COMMERCIAL TO ALLOW
UNIFIED COMMERCIAL DEVELOPMENT
[APPLICANT: HARVEY TAYLOR, CONTRACT
PURCHASER]
42.
FIRST READING ORDINANCE: CHANGE ZONING
3/23/00
11000 AT 300-350 SOUTH MIAMI AVENUE, 18-6262
FIRST READING
S.W. 3RD STREET AND 24-75 S.W. 4TH STREET FROM
ORDINANCE
OFFICE TO SD -6 CENTRAL COMMERCIAL
147-148
RESIDENTIAL DISTRICT TO ALLOW UNIFIED
COMMERCIAL DEVELOPMENT. [APPLICANT:
HARVEY TAYLOR, CONTRACT PURCHASER]
43.
SECOND READING ORDINANCE: CHANGE ZONING
3/23/00
11000 AT 2960, 2961 AND 2965 AVIATION AVENUE
ORDINANCE
TO ADD SD -12 BUFFER OVERLAY DISTRICT TO
NO. 11907
FACILITATE FUTURE SURFACE PARKING FOR
148-150
COMMERCIAL DEVELOPEMNT BY SPECIAL
EXCEPTION. [APPLICANT: TYLER HOUSE, LLC]
44.
DENY PROPOSED FIRST READING ORDINANCE TO
3/23/00
ADD SD -19 DESIGNATED (3.3 FLOOR AREA RATIO)
M-00-290
OVERLAY DISTRICT FOR PROPERTY LOCATED AT
150-158
4909 N.W. 8TH STREET.
45.
FIRST READING ORDINANCE: AMEND 11000 TO
3/23/00
ELIMINATE ADULT ENTERTAINMENT
FIRST READING
ESTABLISHMENTS FROM C-2 LIBERAL
ORDINANCE
COMMERCIAL ZONING DISTRICT AND MODIFY
158-163
DISTANCE SEPARATION REGULATIONS
[APPLICANT: PLANNING AND ZONING
DEPARTMENT]
46.
FIRST READING ORDINANCE: AMEND 11000 TO
3/23/00
REMOVE LIMITATION ON SIZE OF GROCERY
FIRST READING
STORES WITHIN SD -6 CENTRAL COMMERCIAL-
ORDINANCE
RESIDENTIAL DISTRICT. [APPLICANT: PLANNING
164=165
AND ZONING DEPARTMENT]
47.
FIRST READING ORDINANCE: AMEND 11000 TO
3/23/00
MODIFY PARKING PROVISIONS / REQUIREMENTS
FIRST READING
WITHIN DOWNTOWN FOR CBD, SD -5 (BRICKELL
ORDINANCE
AVENUE AREA OFFICE -RESIDENTIAL DISTRICT),
165-168
SD -6 (CENTRAL COMMERCIAL . RESIDENTIAL
DISTRICT) AND SD -7 (CENTRAL BRICKELL RAPID
TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT)
[APPLICANT: PLANNING AND ZONING
DEPARTMENT]
48. FIRST READING ORDINANCE: AMEND 11000 TO 3/23/00
MODIFY PARKING REQUIREMENTS FOR R-3 AND FIRST READING
R-4 ZONING CLASSIFICATIONS AND TO ADD ORDINANCE
LANGUAGE REQUIRING ADDITIONAL PARKING 168-170
FOR CERTAIN ONE BEDROOM UNITS.
[APPLICANT: PLANNING AND ZONING
DEPARTMENT]
49. FIRST READING ORDINANCE: AMEND CODE 3/23/00
SECTIONS 4-2 AND 4-11 "ALCOHOLIC BEVERAGES" FIRST READING
TO ESTABLISH "ENTERTAINMENT SPECIALTY ORDINANCE
DISTRICTS" WITHIN DOWNTOWN AREA TO 170-186
ALLOW NIGHTCLUB, SUPPER CLUB AND BAR
USES. [APPLICANT: PLANNING AND ZONING
DEPARTMENT]
50. DISCUSS PROBLEM OF PROLIFERATION OF ADULT 3/23/00
CONGREGATE LIVING FACILITIES WITHIN THE DISCUSSION
CITY OF MIAMI AND NEED TO LIMIT THE NUMBER 186-189
OF SAID FACILITIES.
51. APPOINT JORGE PEREZ AS MEMBER OF THE 3/23/00
DOWNTOWN DEVELOPMENT AUTHORITY. DISCUSSION
189-190
52, RESCHEDULING THE SPECIAL COMMISSION 3/23/00
MEETING PREVIOUSLY SCHEDULED FOR APRIL M-00-292
20, 2000 AT 1 P.M. TO NOW TAKE PLACE ON APRIL 190-191
25, 2000 AT 2 P.M.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 23'd day of March 2000, 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 9:41 a.m.. by Vice Chairman Gort, with the following
members of the Commission found to be present:
Commissioner Wifredo Gort (District 1)
Commissioner Johnny L. Winton (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
ABSENT
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Vice chairman Gort: First of all, we'll have the invocation by
Commissioner Regalado and the pledge of allegiance by Commissioner
Winton.
An invocation was delivered by Commissioner Regalado, followed by Commissioner
Winton leading those present in a pledge of allegiance to the flag.
Note for the Record: No vetoes from the Mayor.
Vice Chairman Gort: Mr. Manager, my understanding is, we don't have any vetoes from
the Mayor's Office?
Mr. Walter Foeman (City Clerk): That incorrect.
1 MARCH 23, 2000
Vice Chairman Gort: OK. Do we have any minutes to approve?
Mr. Foeman: Yes, we do. Yes, we have to approve the minutes from April 27, 1999.
Vice Chairman Gort: Do I have a motion to approve the minutes of April?
Commissioner Regalado: Move it.
Commissioner Sanchez: Second.
Vice Chairman Gort: Is there any discussion? Being none, all in favor state by saying
"Aye "
Note for the Record: The minutes of April 27, 1999 Commission meeting were
approved.
1� s,CONSENTAGENDAAR
Vice Chairman Gort: Mr. Manager, do we have any items that we're pulling?
Mr. Donald Warshaw (City Manager): No, sir.
Vice Chairman Gort: Consent Agenda. Any of the Commissioners have any particular
item on the Consent Agenda they want to address?
Commissioner Sanchez: So moved.
Vice Chairman Gort: Wait a minute. Anyone in the public would like to
address any items in the consent agenda. Ok. There is a motion. Is there
a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by
saying "aye."
The Commission (Collectively): "Aye."
NOTE FOR THE RECORD: CODE SEC. 2-33 (J)
STIPULATES THAT CONSENT AGENDA ITEMS
THAT ARE REMOVED FROM THE AGENDA PRIOR
TO' CITY COMMISSION CONSIDERATION SHALL
AUTOMATICALLY BE SCHEDULED AS A
REGULAR AGENDA ITEM AT THE NEXT
REGULARLY SCHEDULED MEETING OF. THE CITY
COMMISSION.
2 MARCH 23, 2000
THEREUPON, MOTION DULY MADE BY
COMMISSIONER SANCHEZ AND SECONDED BY
COMMISSIONER WINTON, THE CONSENT AGENDA
ITEMS WERE PASSED BY THE FOLLOWING VOTE:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Johnny L. Winton
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
RESOLUTION NO. 00-248
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF AMERICAN LA FRANCE/MEDIC
MASTER, FOR THE PROVISION OF ADVANCED LIFE
SUPPORT TRAINING AIDS FOR THE DEPARTMENT OF
FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $20,769;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO.
104014.280754.6.840
RESOLUTION NO. 00-249
A RESOLUTION OF THE MIAMI CITY
COMMISSION ACCEPTING THE BID OF AMERICAN
MEDICAL DEPOT, PURSUANT TO INVITATIONS
FOR BID NO. 99-00-083 FOR THE PROVISION OF
INTRAVENOUS CATHETERS FOR THE
DEPARTMENT OF FIRE -RESCUE, IN A FIRST YEAR
AMOUNT OF $39,572.50, ON A CONTRACT BASIS
FOR ONE (1) YEAR WITH THE OPTION TO EXTEND
FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT NO. 001000.280601.6.714.
3 MARCH 23, 2000
0 1 9
RESOLUTION NO. 00-250
A RESOLUTION OF THE MIAMI CITY
COMMISSION ACCEPTING THE BIDS OF CANNON
SPORTS, INC.; GOPHER SPORT; SPORTS SUPPLY
GROUP, INC. D/B/A BSN SPORTS; ZIPP SPORTING
GOODS; COLLEGIATE PACIFIC, INC; AND BILL
FRITZ SPORTS CORP., PURSUANT TO INVITATION
FOR BIDS NO. 99-00-049, FOR THE PROCUREMENT
OF RECREATIONAL EQUIPMENT AND SUPPLIES,
ON A CONTRACT BASIS FOR ONE (1) YEAR WITH
THE OPTION TO RENEW FO TWO (2) ADDITIONAL
ONE YEAR PERIODS, FOR THE DEPARTMENT OF -
PARKS AND RECREATION, AT A TOTAL ANNUAL
AMOUNT NOT TO EXCEED $14,140.94;
ALLOCATING FUNDS THREFOR FROM PARKS
AND RECREATION OPERATING BUDGET,
ACCOUNT NO. 001000.580301.6.717 AND
001000.-580301.6.840.
4 MARCH 23, 2000
11
RESOLUTION NO. 00-251
A RESOLUTION OF THE MIAMI CITY
COMMISSION ACCEPTING THE BID OF
MITCHELL'S LAWN MAINTENANCE, UNDER
INVITATION FOR BIDS NO. 99-00-028, FOR THE
PROVISION OF LAWN AND GROUNDS
MAINTENANCE SERVICES AT VARIOUS POLICE
FACILITIES, ON A CONTRACT BASIS FOR ONE (1)
YEAR WITH THE OPTION TO EXTEND FOR TWO
(2) ADDITIONAL ONE (1) YEAR PERIODS, AT A
FIRST YEAR AMOUNT NOT TO EXCEED $15,217,
AND AT A TOTAL ANNUAL AMOUNT NOT TO
EXCEED $14,232 FOR THE SUBSEQUENT YEARS
OF THE CONTRACT; ALLOCATING FUNDS
THEREFOR FROM POLICE GENERAL OPERATING
BUDGET, ACCOUNT CODE NO.
001000.290201.6.6340.
RESOLUTION NO. 00-252
A RESOLUTION OF THE MIAMI CITY
COMMISSION AUTHORIZING THE REFURBISHING
OF EIGHT (8) VANS FOR THE DEPARTMENT OF
POLICE CRIME SCENE INVESTIGATION UNIT BY
E.S.E.F. INCORPORATED, AWARDED PURSUANT
TO MIAMI-DADE COUNTY BID NO. 3881-4/01-3,
EFFECTIVE THROUGH FEBRUARY 28, 2000,
SUBJECT TO FURTHER EXTENSIONS BY THE
COUNTY, AT A TOTAL AMOUNT NOT TO EXCEED
$60,376.30; ALLOCATING FUNDS THEREFOR
FROM THE POLICE GENERAL OPERATING
BUDGET, ACCOUNT CODE NO.
001000.290201.6.270.
5 MARCH 23, 2000
RESOLUTION NO. 00-253
A RESOLUTION OF THE MIAMI CITY
COMMISSION AUTHORIZING AN INCREASE IN
THE CONTRACT WITH PAGING NETWORK OF
TENNESSEE, INC. AWARDED UNDER MIAMI-DADE
COUNTY CONTRACT NO. 6042 -4 -03 -OTR -CW, FOR
THE RENTAL OF PAGERS FOR VARIOUS USER
DEPARTMENTS, IN AN AMOUNT NOT TO EXCEED
$8,000, FOR A TOTAL CONTRACT AMOUNT NOT
TO. EXCEED $53,000, FOR THE PURCHASING
DEPARTMENT, TO BE UTILIZED CITYWIDE;
ALLOCATING FUNDS THEREFOR FROM THE
OPERATING BUDGETS OF THE VARIOUS USER
DEPARTMENT, SUBJECT TO BUDGETARY
APPROVAL AT TIME OF NEED.
6 MARCH 23, 2000
•
RESOLUTION NO. 00-254
A RESOLUTION OF THE MIAMI CITY
COMMISSION AUTHORIZING THE CITY MANAGER
TO ISSUE A REQUEST FOR .PROPOSALS TO
SOLICIT A CONSULTANT TO DEVELOP SCORE,
AND ADMINISTER/IMPLEMENT PROMOTIONAL
EXAMINATIONS IN 2001 FOR THE CIVIL SERVICE
CLASSIFICATION OF POLICE CAPTAIN FOR THE
DEPARTMENT OF HUMAN RESOURCES; IN AN
ESTIMATED AMOUNT OF $100,000; ALLOCATING
FUNDS THEREFOR FROM THE GENERAL
OPERATING BUDGET OF THE DEPARTMENT OF
POLICE, ACCOUNT CODE NO. 001000.290201.6.270;
FURTHER DIRECTING THE CITY MANAGER TO
SUBMIT HIS RECOMMENDATIONS TO THE CITY
COMMISSION, FOR ITS REVIEW AND
CONSIDERATION.
RESOLUTION NO. 00-255
A RESOLUTION OF THE MIAMI CITY COMMISSION
DIRECTING THE CITY MANAGER TO APPLY FOR A
HIGHWAY BEAUTIFICATION GRANT FROM THE STATE
OF FLORIDA, DEPARTMENT OF TRANSPORTATION FOR
THE PURPOSE OF SEEKING UP TO FIFTY PERCENT (50%)
STATE FUNDING FOR LANDSCAPING A PORTION OF
BRICKELL AVENUE (STATE ROAD NO. 5) FROM
SOUTHEAST 5TH STREET TO SOUTHEAST 25TH ROAD,
MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY
MANAGE TO EXECUTE THE NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
THIS PURPOSE.
7 MARCH 23, 2000
Vice Chairman Gort: Item 2. Latin Quarter Specialty Center. Very
interesting.
Commissioner Sanchez: If I may, Mr. Vice Chair? This is an item that
was brought forth in the last Commission meeting, and basically, it
directed the administration to come back with certain resolutions to move
the project forward, since it's been delayed for so many years. So, the
administration has put forth several resolutions pertaining to the item..
Note for the Record: Commissioner Teele entered the chambers at 9:43
a. in.
Vice Chairman Gort: Good morning, sir. Yes, sir.
Mr. Jeff Hepburn (Assistant Director, Housing): Jeff Hepburn, Assistant
Director for Housing. What you have before you is three resolutions that
we need to get you to act on today. One resolution -- the first resolution,
2-A, essentially, what it does, it provides for the Manager give some
authorization, in the future, when it's time for permanent financing and
construction financing from the other lenders in this particular project, to
provide their funds for the City to subordinate its two point six million
dollars ($2,600,000) in the project, as far as our financing, and also to
subordinate the land. This is basically needed in most of the deals that we
do, in terms of affordable housing in the City. So, this resolution
provides authorization for the Manager to execute a subordination
agreement.
8 MARCH 23, 2000
Vice Chairman Gort: What are the other resolutions you have. You say
you had three.
Mr. Hepburn: The second resolution basically provides for an extension
for the East little Havana Community Development Corporation,
commence construction on the project. Their previous resolution expired
back in August of '99 - I'm sorry, August 2000. So, we want to extend
that time to December 31. We think that's sufficient time for them to get
the project under construction. The final resolution. Basically, back in
1970-1997, East little Havana was awarded one million dollars
($1,000,000) in SHIP (State Housing Initiatives Partnership) funding from
the City. The State requires that the City expend those dollars within two
years. Because the project has been delayed, what we want to do is de -
obligate that one million dollars ($1,000,000) and allocate to our single-
family rehab program and our first time homebuyers program, and then
replace those dollars with SHIP funds for 2000/2001.
Vice Chairman Gort: OK. Three resolutions. Commissioner -- by the
way, I want you to understand, that project is going to be very significant
for that whole area. People have been waiting for it for years. That
corner, where the theater being finished now, and the building going there
is going to change that whole neighborhood completely, and it's going to
bring it back. And the Latin Quarter will be able to take its flavor back
again, and this is homeownership.
Mr. Hepburn: That's correct.
Commissioner Sanchez: And if I could just elaborate on what
Commissioner Gort has said. It is a significant project for that area, for
the revitalization of that area and, you know, he's very concerned with
that district. He's well-known in the community there, and it's one thing
that we often get asked is, when are they going to start that project? So,
that's why we kept pushing it. And I know that if we look back -- I know
we don't want to look back at whatever happened in the past, but we need
to get the project going. because it's definitely going to send a clear
message in that community that we're on the right track. So, I move the
resolution.
Commissioner Winton: Second.
Vice Chairman Gort: You move -- we have to go one at a time.
Mr. Alejandro Vilarello (City Attorney): Yes, sir. Mr. Chairman, and
there is a substitute resolution that is different in form, and I like the
Commission to adopt that. Materially, it is the same terms and
conditions.
9 MARCH 23, 2000
Commissioner Sanchez: Could you read the resolution?
Commissioner Sanchez: What's the substitute that's there? It's substitute
language?
Mr. Vilarello: Pardon me?
Commissioner Sanchez: Is there substitute language on the resolution?
Mr. Vilarello: It is a change in language. It mostly is the form, not
materiality, so the resolutions are -- the first resolution is a resolution of
the City of Miami Commission authorizing the City Manager to execute a
subordination agreement between the City of Miami, East Little Havana
Community Development Corporation, Pacific National Bank, local
initiatives support corporation of Miami -Dade County in connection with
the financing and development of the proposed Latin Quarter Specialty
Center planned in the Little Havana neighborhood. That's item 2-A.
Commissioner Sanchez: So move 2-A.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by saying
"aye it
The Commission (Collectively): "Aye."
10 MARCH 23, 2000
The following resolution was introduced by Commissioner Sanchez, who moved. its
adoption:
RESOLUTION NO. 00-256
A RESOLUTION OF THE MIAMI CITY
COMMISSION AUTHORIZING THE CITY MANAGER
TO EXECUTE A SUBORDINATION AGREEMENT
BETWEEN THE CITY OF MIAMI, EAST LITTLE
HAVANA COMMUNITY DEVELOPMENT
CORPORATION, PACIFIC NATIONAL BANK,
LOCAL INITIATIVES SUPPORT CORPORATION
AND MIAMI-DADE COUNTY IN CONNECTION
WITH THE FINANCING OF THE DEVELOPMENT OF
THE PROPOSED LATIN QUARTER SPECIALTY
CENTER PLANNED IN THE LITTLE HAVANA
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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Two -B.
Commissioner Sanchez: So move 2-B. It's just an extension of the funds.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by saying
11 aye. it
11 MARCH 23, 2000
The Commission (Collectively): "Aye."
Mr. Vilarello: On that, Commissioner, the title is exactly the same as the
substitute resolution.
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 00-257
A RESOLUTION OF THE MIAMI CITY
COMMISSION GRANTING AN EXTENSION TO THE
EAST LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION TO DECEMBER 31,
2000, IN WHICH TO COMMENCE CONSTRUCTION
OF THE LATIN QUARTER SPECIALTY CENTER, TO
BE LOCATED AT 1435 SOUTHWEST 8 STREET,
MIAMI, FLORIDA IN THE LITTLE HAVANA
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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Two -C.
Commissioner Sanchez: Two -C is the de -obligation of the funds. So
move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
12 MARCH 23, 2000
•
•
Vice Chairman Gort: Discussion? Being none, all in favor state by
saying"aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 00-258
A RESOLUTION OF THE MIAMI CITY
COMMISSION AUTHORIZING THE CITY MANAGER
TO DE -OBLIGATE THE AMOUNT OF 1,000,000, IN
FY 1996 - 1997 STATE HOUSING INITIATIVES
PARTNERSHIP ("SHIP") PROGRAM FUNDS
ALLOCATE TO THE EAST LITTLE HAVANA
COMMUNITY DEVELOPMENT CORPORATION
("ELHCDC") FOR CONSTRUCTION FINANCING
FOR THE PURPOSE OF PROVIDING PROJECT
DEVELOPMENT FINANCING AND DOWN
PAYMENT/CLOSING COST ASSISTANCE
PURSUANT TO RESOLUTION NUMBER 97-864;
DIRECTING THE CITY MANAGER TO ALLOCATE
THE AFOREMENTIONED AMOUNT FOR THE
CONTINUED IMPLEMENTATION OF THE CITY'S
SHIP FUNDED SINGLE FAMILY REHABILITATION
PROGRAM AND FIRST - TIME HOME BUYERS
FINANCING PROGRAM; FURTHER DIRECTING
AND AUTHORIZING THE CITY MANAGER TO
REALLOCATE THE AMOUNT OF 1,000,000 IN FY
2000 - 2001 SHIP PROGRAM FUNDS TO ELHCDC
FOR THE FINANCING OF THE LATIN QUARTER
SPECIALTY CENTER PROJECT; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL NECESSARY DOCUMENT (S) IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
13 MARCH 23, 2000
•
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.
Mr. Vilarello: Mr. Chairman, for the record, the same as the item 2-C.
Ms. Anita Rodriguez-Tejera: I have a question. In terms of the...
Vice Chairman Gort: Name. Name and...
Ms. Rodriguez-Tejera: Anita Rodriguez Tejera with East little Havana
Community Development Corporation. In terms of the obligation, I didn't
receive the resolutions ahead of time. Is there an obligation of the 2000
funds so that we could proceed, because there is a contract in place?
Mr. Hepburn: Is there an obligation?
Ms. Rodriguez-Tejera: Yes. You're de -obligating -- I'm sorry.
Mr. Hepburn: We're de -obligating the '97 funds and providing you
2000/2001.
Ms. Rodriguez Tejera: OK.
Commissioner Winton: And that's in the resolution?
Ms. Rodriguez Tejera: OK, OK. Thank you for your support.
Commissioner Sanchez: Now, I have a question for you. Time certain --
project certain/time certain, what are we looking at?
Ms. Rodriguez Tejera: We're finalizing now the permitting process.
There were two issues that we already resolved with the Fire Department
and the fireworks -- Public Works Department -- fireworks. It's almost
14 MARCH 23, 2000
•
fireworks.
Commissioner Sanchez
•
There will be fireworks when you're done
Ms. Rodriguez-Tejera: We've already taken in applications from general
contractors. We've checked their backgrounds, so, at this point; those
items with the building department are being incorporated into the
drawings to release the drawings to the general contractors so that they
can come back with a bid in about 45 days. It should take our board of
directors about 15.days to decide a GC (General Contractor), and with the
decision you've made here and the work that the staff has done, basically,
the issue with the City contracts and the deed gets resolved today or in the
next few days. So, we should be able to proceed and break ground in
about 60 days.
Commissioner Sanchez: Thank you.
Ms. Rodriguez-Tejera: Thank you.
Vice Chairman Gort: As soon as possible, please. Now, Mr. Manager, one
thing that I would like to understand between our building department and
the fire. I'm getting a lot of complaints, when people present the plans,
they get the plans, and then when they get the final inspection, something
new will come out or some new requirements out of the Fire Department.
People need to know all these things right upfront. I understand Jose
Marti has a problem, now. I mean, the theater on 8 -- the Tower Theater.
My understanding, there is a problem now when they went to final
inspection. There are some additional requests from the Fire Department.
Mr. Donald Warshaw (City Manager): I'm listening.
Vice Chairman Gort: And it does happen all the time.
Mr. Warshaw: You know, before Frank speaks, just to give you an
example. We use the American Airlines Arena. We had given them all
their inspections, then, in the last days, they installed additional electrical
equipment, and it was that equipment, you know, that had some wiring
issues and wiring problems. So, while you give them everything they
have relative to the building, I'm not sure...
Vice Chairman Gort: I want to make sure there are no changes in the
plans. Everything upfront. If they do make changes and they don't report
it, then that's different. They are in violation. But, somehow, I think we
need to coordinate this because that's the biggest complaint that I get.
Commissioner Winton: And, by the way, Mr. Manager, I get the same
15 MARCH 23, 2000
complaint, and I've seen it in action. You know, the fire inspectors have a
great deal of latitude and all inspectors don't treat the same issues the
same. And I've had more complaints and seen more examples of that in
my own business coming .from fire than any of the other inspectors. So,
some way or another -- and there are some darn good inspectors, so I don't
want to say in all -- we just need to figure out some way, so that we get
some consistency there, and they can't below the thing up.
Vice Chairman Gort: Synchronize the whole thing. Thank you, sir. Item
3 has been withdrawn.
Commissioner Teele: Mr. Chairman, before you move on.
Vice Chairman Gort: Yes.
Commissioner Teele: On that item we just took up. Has this item been
noticed in the press -- in the -- as a public hearing? Do we have a
document, that I can see, that shows exactly what you just explained?
Because one of the problems that we've got with all this CDBG
(Community Development Block Grant) money is that the Commission
and the staff have moved money around and nobody can find where money
came from and what -- you need to show in 90 -- we're removing seven
thousand dollars ($7,000) of FY '87/'88, and whatever, and moving it to
here, and that need to be publicly noticed in that fashion. Has that been
done?
Mr. Hepburn: Commissioner that was done.
Commissioner Teele: OK. Could I just see it, please?
Mr. Hepburn: I'll get a copy.
Commissioner Teele: The public notice?
Mr. Hepburn: Yes.
Commissioner Teele: Thank you, if it's done.
16 MARCH 23, 2000
Vice Chairman Gort: Item three was withdrawn. Item 4. Sole source
purchase of radio repeaters intended for the fire -rescue.
Commissioner Sanchez: It's ratifying. So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Any discussion? Being
none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 00-259
A RESOLUTION OF THE MIAMI CITY
COMMISSION BY A FOUR-FIFTHS (4/5THS)
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 BIDS; AND APPROVING
THE ACQUISITION AND INSTALLATION OF. AN
800 MHZ QUANTAR REPEATER WITH
ACCESSORIES, FROM MOTOROLA, INC. THE SOLE
SOURCE PROVIDER, FOR THE DEPARTMENT OF
FIRE -RESCUE, AT A TOTAL COST 1NOT TO
EXCEED .$80,000; ALLOCATING FUNDS
THEREFORE FROM ACCOUNT CODE NUMBER
313303.289401.6.840 FUNDED BY THE FIRE
ASSESSMENT.
17 MARCH 23, 2000
•
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: 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: Item 5, authorizing sole source purchase of CDPD
(Cellular Digital Packet Data), service with AT&T (American Telephone
& Telegraph) Wireless service. Are those the little laptops that were
presented last time? I understanding, this is the ability for them to
communicate wireless.
Commissioner Winton: Move it.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved is there a second? Any further
discussion?
Commissioner Sanchez: I have a question on that.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: Would they be obsolete in five or six years, or is
there a building mechanism that could just be like the cartridge just
changed and it's not -- you know, it doesn't --
18 MARCH 23, 2000
•
Mr. Aldo Stancato (Interim Director, Information Technology): Aldo
Stancato:
Commissioner Sanchez: With computer nowadays -- you know, we buy a
computer today, two years down the line it's obsolete.
Mr. Stancato: Aldo Stancato, information technology. The computers
themselves could very well be obsolete. Generally, we're looking at life
span on the computer of about three years. We might be able, in some
cases, to push it to four. What this service will provide though is the
ability to sit down .and connect any type of hardware to it.
Vice Chairman Gort: So, my understanding is, this service will be able to
provide it, even if you change hardware, you'll be able to use the same
service?
Mr. Stancato: Correct.
Vice Chairman Gort: OK. Any further discussion? Being none, all in
favor state by saying "aye."
The Commission (Collectively): "Aye."
19 MARCH 23, 2000
•
•
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 00-260
A RESOLUTION OF THE MIAMI CITY
COMMISSION BY A FOUR-FIFTHS (4/5THS)
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 BIDS; AND APPROVING
THE ACQUISITION OF A WIRELESS CELLULAR
DIGITAL PACKET DATA SERVICE, FROM ATT
WIRELESS SERVICES, THE SOLE SOURCE
PROVIDER, FOR THE DEPARTMENT OF
INFORMATION TECHNOLOGY, AT A TOTAL
ESTIMATED ANNUAL COST NOT TO EXCEED
$225,000, FOR THE INITIAL TERM OF ONE (1)
YEAR, WITH THE OPTION TO EXTEND FOR THREE
(3) ADDITIONAL ONE (1) YEAR TERMS,
AUTHORIZING A MAXIMUM OF' A 10 PERCENT
(10%) ANNUAL INCREASE FOR EACH EXTENSION
YEAR, WITH ANY INCREASE SUBJECT TO
NEGOTIATION AND APPROVAL; ALLOCATING
FUNDS THEREFOR FROM THE OPERATING
BUDGETS OF VARIOUS USER DEPARTMENTS,
SUBJECT TO BUDGETARY APPROVAL PRIOR TO
USAGE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
20 MARCH 23, 2000
•
11
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: Item 6, presentation of KPMG.
Ms. Bertha Henry (Assistant City Manager): Bertha Henry, Assistant City
Manager for Finance and Administration.
Vice Chairman Gort: You changed jobs?
Ms. Henry: Commissioners, I'd like to take this opportunity to formally
introduce you and the public to Scott Simpson. Scott Simpson is our
interim finance director, and we sort of missed a few of our monthly
financial report presentations, and, at that point, I wanted to do that, so I
take this opportunity to do that. Scott will briefly, if you don't mind,
combine the monthly financial presentation for January, with the KPMG
presentation, so those items are back to back. We'll do them all at once.
And, with that, I wi11 later introduce Scott, who will later introduce the
representatives from KPMG.
Vice Chairman Gort: OK.
Mr. Scott Simpson (Interim Director, Finance): Scott Simpson, Interim
Finance Director. I'd like to introduce Donovan Mc Jinley, whose the
senior manager on the engagement,and after I go through my brief
highlights, I'll. have him come up and talk about some issues that are in
the management letter, which is presented in cap for this year. Let's
backtrack first to the monthly financial report for the month of January.
The revenues are coming in as projected fairly close to budget, so we
should be okay there. Expenditures are coming in line. Parking
surcharges still coming in. Roughly, around eleven million dollar
21 MARCH 23, 2000
($11,000,000) range. We've recently just about completed negotiations
with the attorney for the parking network, so we should have the
administrator on line in the next couple weeks, which should send out a
message to the people that we are serious about it, and we are going to
start collecting, so we should see more money coming in, and the
education process should continue and we should have better collections
coming into the year. Are there any questions about January before we go
to the CAFR (Comprehensive Annual Financial Report)?
Vice Chairman Gort: Go ahead.
Mr. Simpson: OK. All right. This year, the CAFR, it was completed
roughly about three months ahead of where we presented last year. Last
year it was presented in June. In addition to that, we're also pleased to
present the management letter couple months ahead of schedule than
where we were last year. Previously, in the past, with the exception of
last year, the capper had been prepared outside. This year we're pleased
to announce we've prepared it in-house again -- second year in a row. We
are in the process of applying for the excellence in reporting award for
the capper. Unfortunately, last year, we were denied the reward -- the
award on one minor issue. We had some pass through money for a bond
that they said was inappropriately recorded as revenues instead of other
financing sources.
Vice Chairman Gort: I wish -- which authority reporting authorities?
Mr. Simpson: The Government Finance Accounting Association. They
are located in Chicago.
Vice Chairman Gort: OK. Let me ask you a question on that. Do we have
to pay for that service?
Mr. Simpson: Yes.
Vice Chairman Gort: Isn't that the same service that gave us the award
when we had the deficit -- do we need it?
Mr. Simpson: What they are...
Mr. Donald Warshaw (City Manager): Well, I don't think -- I know which
award you're referring to. I think this award has to do with the
preparation and the timely preparation of our annual financial report.
Vice Chairman Gort: I understand. But are we...
Mr. Warshaw: I know what you're (inaudible).
22 MARCH 23, 2000
Vice Chairman Gort: -- obligated to -- because let me tell you, my
experience with those people are very bad because I got excellent reports,
ever since I got elected, and the first year I got elected, we run into this
deficit, and they gave us a beautiful report, the excellence report for
budgeting.
Ms. Henry: Commissioners, the GFOA (Government Finance Officers
Association) award for distinguished budget presentation, and its similar
award for CAFR (Comprehensive Annual Report) presentation, it really
does not get into the meat of your numbers. They are there to look at the
presentation of the document and attest to its presentation, in terms of the
information as depicted. But they don't audit and they don't get into the
guts of your numbers.
Vice Chairman Gort: I understand. I understand. My question is, do we
have to pay for that?
Ms. Henry: Yes. I mean, we pay a fee for that.
Vice Chairman Gort: What do we pay?
Mr. Simpson: It's based on your revenues. A City of our size, it would
be roughly about eight hundred dollars ($800).
Vice Chairman Gort: All right. Go ahead.
Mr. Simpson: So, we'll pass that. The highlights of the financials, as
presented this year, we were given an unqualified opinion from KPMG,
Pete Marwick, which basically says that the financials are presented fairly
and free of material misstatements. They are no improprieties or quote
"red flags" is the old word we used to use, in the financials, in 'the
accounting system., Part of the management letter, there were existing as
of last year, there were 12 issues. Of the 12, all have been removed,
except five. The issues that are on the management letter are immaterial
of nature. They are more procedural than anything. A couple of them,
specifically relating to GASB (Government Accounting Standard Board),
we cannot remove this year, because the implementations and procedures
haven't been fully defined. It's basically talking about the presentation of
our financials, where are we going to take it to. Full accrual accounting,
similar to what they do in the for-profit world. An example would be, you
would have depreciation in all your funds. All the debt that now is in a
long-term account group would be brought on to our financials, and we'll
also have to bring the infrastructure onto the financials.
Mr. Warshaw: It's just to add with some of that lay term. This is the best
23 MARCH 23, 2000
looking letter we've received on our audit, you know, for many, many
years. And, as Scott pointed out, it was done earlier than any other time
that we know of in our history. And, of course, KPMG is going to talk to,
you know, the levels of issues that they identified. What was there in the
past, what's there now? And, you know, I think you'll be pleased with
what you hear.
Mr. Simpson: And in regards to the fund balance. Fund balance is made
up of really three components: Designated, undesignated, and restricted.
At the end of this year, our fund balance is roughly forty-three million
dollars ($43,000,000). Of that, thirty-nine point three is designated,
where the other remainder is reserves for prepaid items, encumbrances,
and then we have . -- first time in a couple of years, we have an
undesignated fund balance of two point nine seven two million dollars
($2,972,000). Overall, you know, the -- just to wrap it up. The audit
went smoother, quicker than it had in the past. We did the elimination of.
roughly eight, nine hundred sub funds in the special revenues, capital
projects. They were actually able to come out -- instead of doing write-up
work -- looked at the numbers, looked at processes that we were doing
and do the job that we're paying for -- the highlights coming up in the
next couple of months for the finance department in concert for next
year's end of audit is the final reconciliation identifying the funds that are
in the capital projects.
Mr. Warshaw: And I just want to add to that -- 'and this is one of Julie
Wheatherholtz main initiatives during the time she was here. Was the
elimination of these seven or eight hundred unreconciled funds that, have
just been hanging here for 20 or 30 years, and they've now been
reconciled down to, you know, a manageable number from the kinds of
numbers we should have for a City our size.And, of course, it makes the
whole process of doing the audit a lot simpler.
Commissioner Winton: A manageable number of unreconciled funds? Is
that what you just said?
Mr. Warshaw: A manageable number of total funds.
Commissioner Winton: OK. But they are all now reconciled?
Mr. Simpson: The special revenue was the biggest culprit. There was an
excess of almost a thousand sub funds and projects within that, and we've
eliminated that to a point where we can reconcile it, and those are
reconciled on a monthly basis. And that's what we're trying to do with the
capital projects. Part of that was reclassifying. the capital projects to
function. In the past, where the -- the money was really identified -- if it
was from a Fire Department, it was a fire project, even if it wasn't. So,
24 MARCH 23, 2000
we've sort of eliminated that, and broken them out to FEMA, so they are
really FEMA projects related, whether it's PD (Police Department) or
Fire. So, it's more of a manageable -- and, hopefully, the presentation of
the new funds will make someone who is not of a financial nature be able
to read it and understand it. That's our intent. OK.
Vice Chairman Gort: Thank you. Commissioner Sanchez.
Commissioner Sanchez:. I have a question for you. Were you allowed full
accessibility to all documents during the audit?
Mr. Simpson: I was going to introduce Donovan. That's a Donovan
question. I'd like Donovan Mc Jinley, if you could...
Commissioner Sanchez: OK.
Mr. Donovan Mc Jinley: Good morning, Commissioners.
Vice Chairman Gort: Let me ask a question.
Commissioner Sanchez: It's a very important question. In the pass, that's
what basically got us in trouble, not having full accessibility to all
documents.
Vice Chairman Gort: When did you distribute this?
Mr. Donovan Mc Jinley: Good morning, Commissioners. I'm Donovan
Mc Jinley, senior manager...
Vice Chairman Gort: Excuse me. When was this distributed?
Mr. Simpson: Yesterday afternoon.
Vice Chairman Gort: Because I don't have mine. Go ahead
Mr. Mc Jinley: I'm sorry. Good morning. I'm Donovan. Mc Jinley with
KPMG, senior Manager on the engagement. First, let me answer
Commissioner Sanchez' question. Yes, we did -- we were allotted full
access to management, to all the accounting records, and that gave us the
ability to render an opinion on the general-purpose financial statements
that you do have here. As I said, we were engaged to and we did issue an
opinion on the financial statements of the City. Scott alluded to the
opinion as an unqualified opinion, which means it's a clean opinion.
During the course of our audit...
Commissioner Winton: And where is it? Where can I read -- where can I
25 MARCH 23, 2000
find it?
Mr. Mc Jinley: If you go to the section that says financial section, the tab
that says financial section.
Vice Chairman Gort: You didn't get that? That's not in there. That's not .
in here.
Commissioner Sanchez: Which number is it?
Vice Chairman Gort: It's not in here?
Mr. Simpson: Page one.
Vice Chairman Gort: No.
Commissioner Sanchez: It's not in here?
Vice Chairman Gort: No.
Mr. Mc Jinley: No, no.
Mr. Simpson: It's going to be in this book.
Vice Chairman Gort: You didn't get it either?
Commissioner Winton: OK.
Mr. Mc Jinley: Yes. Here you go. That's our independent auditors
report. OK. The CAFR -- it's what's called CAFR -- is organized --
starting out -- if you go to first tab, it's basically an introduction
introductory section that outlines the principal people of the City, including
the Commissioners, then it goes to opinions, into the financial statements,
through what's called some statistical section and then the other reports,
which is our management letter. I want to add that, during the course of
our audit, we had no disagreements with management. All the significant
audit adjustments were recorded in these...
Commissioner Sanchez: I'm sorry. I didn't get that.
Mr. Mc Jinley: I'm sorry. We had no disagreements with management.
Mr. Warshaw: Speak into the mike.
Mr. Mc Jinley: We had no disagreements with management. No
disagreements with management. All significant audit adjustments were re...
26 MARCH 23, 2000
Commissioner Sanchez: And, once again for the record, you had full
accessibility of all documents pertaining to this audit?
Mr. Mc Jinley: All documents and all management personnel. We did.
And I think -- which is something that Scott also mentioned, that created
us to actually have this audit completed in the time frame that it did. I
mean, historically, for the four years that we've been involved, this is the
earliest this document has gotten out in this manner, and that's very -- in
our opinion, that's a very, very great achievement for the City.
Commissioner Winton: Right. .
Mr. Mc Jinley: If you want to turn to the management, letter section,
which is on a tab that says other reports, this is the management letter that
we have issued. It's in accordance with the rules of the auditor general of
the state. of Florida. One of the things that I guess -- I can feel
comfortable mentioning is the fact that the City has made tremendous
strides -- and this is exemplified by one -- we talked about the timeliness in
terms of how this document was prepared -- and two, the magnitude of the
management letter comments and the contents. If you look to see where
we were a few years ago -- if you go to appendix B1, it basically gives
you a summary of comments that were outstanding in previous years, and
the comments that have now been addressed...
Commissioner Sanchez: I'm sorry. Was that B1 or E1?
Mr. Mc Jinley: Yes. In the tab -- B1, correct.
Commissioner Sanchez: And that's a comparison of
Mr. Mc Jinley: Of comments that were outstanding in previous years,
that have now been addressed and that are no longer relevant. And it goes
into two pages. And you can see how much of this has been addressed.
This is a combination of -- I would be complimentary also of the staff
that's in place currently, the infrastructure that your former finance
director has laid out, and this is something you should be proud of. If you
swing back to appendix Al, it summarizes the current year's comments.
Vice Chairman Gort: Excuse me. Let me talk
to you for a minute.
Can
you tell
the meeting outside, please, to take it
outside? Thank you.
Go
ahead.
Mr. Mc
Jinley: These are comments that we
encountered and we
have
reported
to you in this current year. I'll extend the offer. We can
meet
with you
one on one, at your convenience, to
discuss any questions,
any
27 MARCH 23, 2000
issues or any matters that you may have regarding these comments or any
other items of the financial statements.
Vice Chairman Gort: If you all don't mind, what I would like to do is, I
received this today. I have not had a chance to go through it, so it would.
be very difficult to go through this and answer questions right now. I like
to have this back in next meeting, at the same time, all of you be available
to each one of.us, any questions that we have, bring them to our office
and check.
Mr. Mc Jinley: We'll be happy to do that.
Vice Chairman Gort: Because the -- we just got this today, so, I would
like to read through it myself, personally.
Mr. Warshaw: I understand. So, would you like them to come back to
answer questions and, in the interim, meet with you individually?
Vice Chairman Gort: I would like for them to come back in the next
meeting so we can make -- ask the right questions.
Mr. Warshaw: That would be fine.
Commissioner Sanchez: But also to meet with us independently. That
would be also very helpful.
Mr. Mc. Jinley: We'll be happy to do that.
Vice Chairman Gort: And we can make a recommendation. Of course.
Mr. Warshaw: Right.
Vice Chairman Gort: No. We have that...
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, thank you very much. I don't know.
I missed two appointments with the Manager's staff, so I want to
apologize to you, Mr. Manager, to discuss this. I have not had an
opportunity and, certainly, I've asked the accountants, KPMG. I would --
but, at this point, want to certainly be on record as commending the
management, the Manager and, really, Ms. Henry, no disrespect to you,
but at some point, I think we ought to come up with an appropriate
reoccurring scholarship or something in honor of the late finance director.
A lot of what has happened has to do not with her brilliance and expertise,
but her openness. I mean, the first thing that she did was brought every
28 MARCH 23, 2000
department on line and made sure that everybody had -- in each
department, had a financial representative, and in the past, the City has
hoarded information and kept information from flowing, and I think so
much of what we're seeing -- and, Mr. Manager, I know that Mr. -- 1
know that you deserve the credit, the Manager always deserves credit, and
Ms. Henry, you do, and certainly the budget and the persons that have
been involved, but I really would like to just ask the management;
particularly the human relations office, to consider at the next meeting,
when we bring this up for a final vote, that we come forward with some
appropriate -- I would prefer scholarship -- but whatever the management
think. I really believe that we ought to try to encourage our employees to
move up and to be educated in -- with more specificity and more -- and we
ought to pick somebody that we can maybe send to school and get a
masters degree or get a certification, providing they have an obligation to
stay with the City two or three years afterwards, or something like that.
But I wanted to take this opportunity -- because I know that, if she were
here today, this would sort of be her show, and I think it's important. In
that regard, I am very interested in trying to understand any
reconciliations and having appropriate resolutions that come forth and let .
us specifically approve any reconciliation that is a policy matter, and I'm
referring to recharging and back -charging and changing the way bonds
and other things are done, because I don't think those are accounting
functions. I think those are policy decisions that we should be able to
make, not the green eyeshades, if you will. So, I would also like to join
the Chairman in asking for an opportunity to meet with the accountants
and with the staff. Ms. Henry, I know you were about to say something. I
apologize.
Ms. Henry: Thank you very much. And I'd like to say that I would be
honored to work with the staff and the rest of the administration in
coming up with an appropriate memorial for Julie Wheatherholtz. We
have provided a tribute inside the CAFR for her. There is no question she
spearheaded much of the changes, if not all of the changes, that you've
seen in the last year, and we're just so -- we were just so fortunate to have
her. We are proceeding with the things that she had put in place, and
we're moving forward with other things. Next year, our goal -- and it's
pursuant to the financial principles that you have provided -- the audit
will be ready in 120 days. That gives us another challenge, but each year
we had made enhancements that are going to make that very doable, and we
appreciate all of the working efforts of KPMG. They have -- they've
worked on Saturdays. They've really been available to us as we have been
to them. So, once again, we're very pleased. And if there are any closing
comments, you can certainly feel free to...
Mr. McJinley: I really don't have any. Again, I just want to open the floor
up to - the invitation to meet with you one on one. I'd love that
29 MARCH 23, 2000
opportunity.
Commissioner Sanchez: Well, let me give you heads up. When you meet
with me, if you could provide me with a list of where you identified the
read flags, and what recommendation you're making to alleviate the
problems.
Mr. Mc Jinley: Certainly.
Vice Chairman Gort: Thank you. Any other questions? OK.
Vice Chairman Gort: Item 7 has been included in the report, so we'll go to
Item --
Mr. Donald Warshaw (City Manager): Seven A.
Vice Chairman Gort: -- 7A.
Mr. Warshaw: Is anybody here?
Vice Chairman Gort: Is anybody here for 7A
Mr. Warshaw: Cuban Municipalities Fair Corp.
Vice Chairman Gort: They are here. This is the opening day for the
festivals and all of that, that we've done every year, same thing?
Mr. Warshaw: Yes, sir.
Vice Chairman Gort: All right.
Mr. Ivan Hernandez: (Comments in Spanish)
Vice Chairman Gort: OK. Martinez will translate for you.
Commissioner Sanchez: (Comments in Spanish)
Mr. Hernandez (comments translated by Assistant City Manager Raul
Martinez):
30 MARCH 23, 2000
Vice Chairman Gort: (Comments in Spanish).
Mr. Hernandez: Ivan Hernandez, Cuban Municipalities Fair Corporation,
4610 Northwest 7TH Street.
Mr. Raul Martinez (Assistant City Manager): His address is 4610
Northwest 7TH Street, Miami.
Mr. Hernandez: (Comments translated by Mr. Martinez): He wants to
thank the Commission and the administration for allowing him to get this
waiver that -- it's been done for the last 18 years. He wants to thank you
again.
Vice Chairman Gort: Thank you. Do I have a motion?
Commissioner Regalado: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Any further
discussion? All in favor state by saying "aye."
The Commission (Collectively): "Aye."
31 MARCH 23, 2000
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 00-261
A RESOLUTION OF THE MIAMI CITY
COMMISSION RELATED TO THE 18 FAIR OF THE
CUBAN MUNICIPALITIES IN EXILE ("FAIR"),
CONDUCTED BY THE CUBAN MUNICIPALITIES
FAIR CORPORATION ("ORGANIZERS"),
SCHEDULED FOR APRIL 6-9, 2000, AT THE
GROUNDS OF THE FLAGLER DOG TRACK;
GRANTING THE REQUESTS OF THE ORGANIZERS
TO (1) WAIVE, BY A FOUR - FIFTHS AFFIRMATIVE
VOTE, THE LIMITATIONS CONTAINED IN SECTION
906.9 OF ORDINANCE NUMBER 11000, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AS IT RELATES TO THE
NUMBER OF TEMPORARY EVENTS PERMITTED
PER SITE ON PRIVATE PROPERTY PER YEAR, AND
(2) DECLARING AN EXEMPTION FROM THE
PROHIBITIONS AND RESTRICTIONS CONTAINED IN
SECTIONS 36-4(A) AND 36-5(A) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, .AS
THEY RELATE TO THE LEVEL AND HOURS OF
NOISE CONCERNING SAID FAIR; CONDITIONING
SAID GRANTS HEREIN UPON THE ORGANIZERS
PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES AND APPLICABLE FEES ASSOCIATED
WITH THE FAIR AND OBTAINING. INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR
DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
32 MARCH 23, 2000
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: Item 8. Emergency Ordinance, Welfare to Work.
Ms. Gwendolyn Warren (Director, Community Development): We'd like to ask —
Gwendolyn Warren, Director, Community Development. We have before you a
recommendation for the Commission to adopt an emergency ordinance to establish a
special revenue account for a new Welfare to Work Program. The amount that as been
awarded the City is two million four hundred and twenty — thirty-three thousand nine
hundred and sixty dollars ($2,433,960). And, additionally, we'd like to authorize the City
Manager to execute the necessary documents. The program would allow us to work with
City of Miami residents who had been impacted by welfare reform; put them into work
experience positions here in the City. The grant would pay the wages for the individuals
for a full forty; twenty-six of those hours would be at a seven dollar ($7) an hour wage
rate, and the balance would be at a reduced wage rate, while they were doing also
classroom training, as well as working. And, again, we're asking you to adopt this
ordinance. The City was a recipient of the highest funding amount in this category.
Commissioner Winton: So moved.
Vice Chairman Gort: Right. Super. Let me tell you all something. I have the
experience in two places, where they hire these individuals and they do it very well and
I'm very happy with them. You guys are doing a good job. We need a lot more of that.
There's been a motion. Is there a second?
Commissioner Teele: Who made the motion?
Commissioner Winton: I did.
33 MARCH 23, 2000
•
Vice Chairman Gort: Winton.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and second.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
•
Commissioner Teele: I'm still waiting to see that notice that I asked for on that item.
Mr. Donald Warshaw (City Manager): It's being faxed. We'll get it for you.
Commissioner Teele: In the future, can we get it in our package as a part? You know,
Mr. Attorney, you know, that's what we asked you for before.
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Commissioner Teele: No.
Vice Chairman Gort: Further discussion? Being none, all in favor — well, it's an
ordinance. Read it. Roll call.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED ": 2000/2001
WELFARE TO WORK PROGRAM"; APPROPRIATING. FUNDS FOR ITS
OPERATION IN THE AMOUNT OF $2,433,960.; CONSISTING OF A GRANT
FROM US DEPARTMENT OF LABOR, THROUGH THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AND EXECUTE THE NECESSARY
DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR
THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
34 MARCH 23, 2000
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 Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Winton and seconded by
Commissioner Teele, adopted said ordinance by the following vote:
AYES: 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. 11905.
The ordinance title was read into the public record by the City Attorney.
Vice Chairman Gort: Item 9, accepting the Wynwood community
empowerment crime and drug donation of $41,700.
Mr. Donald Warshaw (City Manager): HIDTA grant.
35 MARCH 23, 2000
Vice Chairman Gort: It's a grant to be receiving. It's an ordinance. Do I
have a motion?
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Any discussion?
Major Joseph Longueira: Commissioner?
Vice Chairman Gort: Yes, sir.
Major Longueira: If I could request something -- and I don't know if law -
- if we could handle this as an emergency because the grant start at the
beginning of February. It's an important grant.
Vice Chairman Gort: Mr. Attorney, could we take it up as an emergency?
Major Longueira: Wynwood...
Mr. Alejandro Vilarello (City Attorney): Certainly, the Manager certifies
a finding of emergency, we'll lose funds and...
Vice Chairman Gort: OK. Manager, you find it an emergency, right? Mr.
Manager, you find it an emergency?
Mr. Warshaw: Yes.
Vice Chairman Gort: OK. Read the ordinance.
Mr. Vilarello: For the record, I am modifying the language of the
caption.
Vice Chairman Gort: Roll call.
36 MARCH 23, 2000
0
An Ordinance Entitled —
•
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED "WYNWOOD/HIDTA, COMMUNITY
EMPOWERMENT CRIME AND DRUG DEMAND
REDUCTION PROGRAM", BY ESTABLISHING INITIAL
RESOURCES AND APPROPRIATIONS AND
AUTHORIZING EXPENDITURES, IN THE AMOUNT OF
$41,700, CONSISTING OF A GRANT FROM THE HIGH
INTENSITY DRUG TRAFFICKING AREA COMMUNITY
EMPOWERMENT CRIME AND DRUG DEMAND
REDUCTION PROGRAM THROUGH THE MONROE
COUNTY SHERIFF'S OFFICE; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS
PURPOSE; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
was introduced by Commissioner Winton and seconded by Commissioner
Teele, for adoption as an emergency measure, and dispensing with the
requirement of reading same on two separate days, was agreed to by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner'Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
37 MARCH 23, 2000
Whereupon the Commission on motion of Commissioner Teele and seconded by
Commissioner Regalado, adopted said ordinance 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. 11906.
The City Attorney read the ordinance by title into the public record.
Vice Chairman Gort: Thank you. Item 10, establish a special FEMA
(Federal Emergency Management Agency)/ USAR (Urban Search and Rescue
Program) revenue fund, fire -rescue.
Mr. Donald Warshaw (City Manager): It's a FEMA grant.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Ordinance. Read the ordinance. Call the roll.
38 MARCH 23, 2000
An Ordinance Entitled —
AN ORDINANCE AN ORDINANCE OF THE MIAMI CITY
COMMISSION ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED FEMA/USAR GRANT AWARD FISCAL YEAR
2000, APPROPRIATING FUNDS FOR THE OPERATION OF THE
SAME IN THE AMOUNT OF $150,000, CONSISTING OF A
GRANT ALLOCATED BY THE FEDERAL EMERGENCY
MANAGEMENT AGENCY FOR THE PURCHASE OF
EQUIPMENT, TRAINING, MANAGEMENT, AND
ADMINISTRATION OF SOUTH FLORIDA URBAN SEARCH AND
RESCUE PROGRAM; AUTHORIZING THE, CITY MANAGER TO
ACCEPT SAID GRANT AWARD AND EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
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 City Attorney.
Vice Chairman Gort: Thank you.
Vice Chairman Gort: Item 1I is the resolution accepting the proposed
recorded plat located at Northwest 22 Street and Northwest 21 Avenue.
Are they in compliance with all the requirements from the City for the
replat?
Mr. John Jackson (Acting Director, Public Works): Yes, they are.
Vice Chairman Gort: OK. It's a resolution. Do I have a motion? Do I
39 . MARCH 23, 2000
have a motion?
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Yes.
Vice Chairman Gort: Any further discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 00-262
A RESOLUTION OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENTS, ACCEPTING
THE PLAT ENTITLED WALTON MOUNTAIN, 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.
(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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
40 MARCH 23, 2000
0 . 0
Vice Chairman Gort: Item 12, resolution authorizing contract increase for
provision of electrical maintenance service. Mr. Manager, who's going to
speak on this?
Mr. Donald Warshaw (City Manager): Where is Judy Carter?
Vice Chairman Gort: This is the -- was this a competitive bid?
Mr. Warshaw: It's a request based upon additional departmental needs.
It's ten thousand dollars ($10,000), Commissioner.
Commissioner Teele: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Commissioner Winton: Second.
Vice Chairman Gort: OK. Discussion? Being no further discussion,. all in
favor state by saying "aye."
The Commission (Collectively): "Aye."
41 MARCH 23, 2000
•
r�
u
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-263
A RESOLUTION OF THE MIAMI CITY
COMMISSION AUTHORIZING AN INCREASE IN
THE CONTRACT WITH HAND SELL ELECTRIC
COMPANY OF FLORIDA, INC. IN AN AMOUNT NOT
TO EXCEED- $10,000, INCREASING THE CONTRACT
FROM $30,000 TO A TOTAL ANNUAL AMOUNT OF
$40,000, FOR THE PROVISION OF . ELECTRICAL
MAINTENANCE SERVICES, FOR THE PURCHASING
DEPARTMENT TO BE UTILIZED CITY-WIDE;
ALLOCATING FUNDS THEREFORE FROM THE
OPERATING BUDGETS OF THE VARIOUS USER
DEPARTMENTS, SUBJECT TO BUDGETARY
APPROVAL AT TIME OF NEED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
42 MARCH 23, 2000
Vice Chairman Gort: 13. Where are the parrots? You know, you take
them everywhere, but you don't bring them here. Too long now. The
time, right? They need a break.
Mr. Erdal Donmez (Director, Real Estate & Economic Development):
Good morning. For the record, my name is Erdal Donmez, Director of
Real Estate and Economic Development. We have an item in front of you
seeking the City Commission's approval of two documents. The first one
is in connection with the Parrot Jungle development. The first one is a
twenty-five million dollars ($25,000,000) Loan and Development
Agreement between the City of Miami, Parrot Jungle entity, and Metro -
Dade County. The agreement is essentially a loan agreement, and the
terms of the use of the twenty-five million dollars ($25,000,000), you
know, HUD (Department of Housing and Urban Development) loan for the
new Parrot Jungle development at Watson Island. The involvement of the
City of Miami in the particular case is the City is going to assume 80
percent of the (inaudible) loan in a few years. So, the City wanted to
make sure that we were aware of all of the issues, and also wanted to have
approval rights, you know, for all documents in connection with the
twenty-five million dollars ($25,000,000). After this document is
approved by the City Commission, the County is going to submit all
documents, along with the one, to Washington, you know, for final
approval of the HUD and seeking all the, you know, the loan proceeds to
start the project. In addition to that, there is a second document, which is
modifying the lease and also clarifying certain issues in the lease
agreement, which was negotiated between the City and Parrot Jungle.
Principally, the issues in the modification is, in the lease agreement, the
project, you know, would be developed in two phases, and now it's
collapsing into, you know, one phase. This is also additional clarification
about acceptable operator. Presently, Berne Levine is Parrot Jungle and
Parrot Jungle is Berne Levine. However, in the eyes of lender -- and
that's not an acceptable, you know, set-up. The lender wanted to have an
option in the event there is a default. The lenders would like to find an
acceptable -- operators acceptable to the City, and then take the position
of Berne Levine. That also triggered, you know, some other
43 MARCH 23, 2000
clarifications, such as definition of the gross, you know, revenues, and the
performance bond, which wasn't, you know, so clear. We made it clear
that there is going to be a performance bond by the contractors, and also
the developer is going to be responsible for that. There is one final
request made by Parrot Jungle. When it was set up about five years ago,
it was set up as an "S" Corporation to avoid state corporate income taxes.
They would like to set up a limited liability Corporation to take add
advantage of federal tax breaks by depreciating the tangible assets in the
short, you know, time frame. We looked at the lease and there is a
provision for sublease -- subleasing of the existing, you know, lease. At
this point we're asking for permission from the City Commission, which is
going to be further, you know, scrutinized, and we got the assurance from
Parrot Jungle that this new entity, Limited Liability Corporation, would be
identical to the existing corporation, an that both entities would be
responsible for the management and the development of the new Parrot
Jungle. I will be happy to answer questions if you have any.
Vice Chairman Gort: OK. Commissioner Sanchez.
Commissioner Sanchez: Thank you, Mr. Vice Chair. Erdal, let me just
try to get this straight. The HUD loan is for twenty-five million dollars
($25,000,000).
Mr. Donmez: Correct.
Commissioner Sanchez: OK. The private loan is twelve million dollars
($12,000,000).
Mr. Donmez: That's correct.
Commissioner Sanchez: The project is appraised at how much?
Mr. Donmez: The latest appraisal came out at fifty point three million
dollars ($50,300,000).
Commissioner Sanchez: And the City is going to assume 80 percent,
which is 20 million, in four years or as soon as we are liftedfrom the
Oversight Board?
Mr. Donmez: That's correct, sir.
Commissioner Sanchez: Now, I have three technical questions. One is
has the . County signed the agreement reference the HUD loan for the
twenty-five million dollars ($25,000,000)?
Mr. Donmez: The County Commission approved agreement.
44 MARCH 23, 2000
0
Commissioner Sanchez: Approved it.
Mr. Donmez: And after the City Commission approval, the parties will
execute the agreement. So they are waiting on, you know, this approval
from this body.
Commissioner Sanchez: And this would be a legal question pertaining to
the City Attorney. Have we, the City, met all legal terms on this -- in this
process?
Mr. Alejandro Vilarello (City Attorney): Yes. And just adding to one
thing to what Erdal said. The County has signed a joint participation
agreement with the City and the developer, but they have not signed off
on the twenty-five million dollars ($25,000,000) loan.
Commissioner Sanchez: What kind of bonds .do we have in place to
protect our assets, the City's assets?
Mr. Donmez: For the construction and the development of the project,
there is going to be a performance bond equal to the forty-seven million
dollars ($47,000,000), which is the development cost of the project.
Vice Chairman Gort: Any other questions?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes. Commissioner Teele.
Commissioner Teele: This item has been around now too long. Now, you
know, I've never been enthusiastic about it, but I'm more enthusiastic
about, if we're going to do something, we need to do it. And the
frustration -- and we wind up really giving our City a bad name. I mean,
you know, the -- our community a bad name in the delays. I was not
enthusiastic about this, and my reason, Commissioner Winton, since you
weren't here, is that what it does for our 108 capacity. I've been assured
on the record that we have sufficient 108 capacity left after this. Would
you state where our 108 capacity will be once we draw down this 25
million -- 20 million?
Mr. Donmez: Based on the existing 108 obligations, I believe it's under
ten million dollars ($10,000,000). And, in addition, twenty million
dollars ($20,000,000), you know, for this particular loan, that will bring it
up to thirty million dollars ($30,000,000). The City's 108 capacity is
approximately sixty-five million dollars ($65,000,000). That would leave us
with...
45 MARCH 23, 2000
Commissioner Teele: So, the answer to the question is...
Mr. Donmez: It would be thirty-five million dollars ($35,000,000).
Commissioner Teele: OK. In the future, just answer the question, then
explain for me. Because when you start talking numbers, Erdal, you know
I get glazed over. So, the 108 capacity of the City, after this transaction is
still approximately thirty-five million dollars ($35,000,000)?
Mr. Donmez: Correct.
Commissioner Teele: OK. And that was -- because I was not aware of
that, part of my concern when this item came up is, my God, we're taking
all of -- substantially all -- I am one hundred percent in support of this
project because I really do think its passed the test, the Commission voted
on it. I think it was a four to one vote. I voted no. But once we agreed
to do it, my God, let's go ahead and do it. Now, what can we do to
expedite this?
Vice Chairman Gort: Talk to the County.
Commissioner Teele: Well, why -- let me ask this question. Why are we
going through -this two-tier process? I understand that, at one point -- you
know, at one point, there was a concern about whether or not the federal
government would accept the City of Miami grant, given our financial
condition. It's been my understanding, at least since November or
December -- and I talked to a couple of federal officials about this, who
called me to ask my opinion on it, because it was up there apparently for
some discussions and consultations -- that they didn't have a problem with
the City submitting this. Now, why are we...
Commissioner Winton: County. As opposed to getting the County out of
it. Right.
Commissioner Teele: As opposed to the County.
Commissioner Winton: Right.
Commissioner Teele: And let me tell you what's happening. There is a
two million .dollar ($2,000,000) extortion -- that's a bad term. There is a
two million dollar ($2,000,000) service charge that's applied to this called
a donation to the Metro Zoo for the benefit of the County. We're not
getting -- and, you know, I don't want to get into the petty -- you know,
he got this and we didn't get that. But why don't we just go ahead and do
it? Why don't we give a definitive deadline here and now today, that if the
46 MARCH 23, 2000
•. •
County doesn't do this by "X" date, then the City agrees to take it up and
do it? Now, I would like to know, if you would confer privately with the
owner, if he would allow us -- or view that as being something that he
would not oppose.
Vice Chairman Gort: I think...
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Let Commissioner Teele finish.
Commissioner Teele: I really want to get an answer from somebody.
Erdal.
Mr. Donmez: Commissioner, this is the final step of this, you know,
process.
Commissioner Teele: Well, I heard...
Mr. Donmez: That the City has everything, you know, it could. As far as
the 108 process, it started, you know, over two years ago. By then, the
City wasn't in a position to submit an application.
Commissioner Teele: Are we in a position now?
Mr. Donmez: Yes, we are.
Commissioner Teele: Then -- I would like, Mr. Chairman, the opportunity
to make the resolution supporting this, saying that the County has got 14
days to approve this or it returns to the. City and the City will submit the
application directly.
Vice Chairman Gort: Question.
Commissioner Winton: Second the motion for discussion.
Vice Chairman Gort: Motion. There is a second. Under discussion. Let
me ask you a question. If we, the City, decided to take it over, do we
have to begin with the whole process or you just continue and finish the
existing process?
Mr. Donmez: We have to start the whole process.
Vice Chairman Gort: And how long would that take?
Mr. Donmez: It would be a fast track process, but it would still take
47 MARCH 23, 2000
about, you know, four months.
Vice Chairman Gort: OK. And those are the things you have to consider,
people. OK.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Is there a deadline that Washington has set --
HUD (Department of Housing and Urban Development) has set for April
26?
Mr. Donmez: That is absolutely right, Commissioner.
Commissioner Regalado: So, -the County has to approve --
Mr. Warshaw: Quickly.
Commissioner Regalado: -- everything before April 26. If not, then I
guess we'll start our process. So, we will just go ahead and approve this
and ask the County to do whatever they have to do in the next -- I mean,
they have...
Mr. Donmez: Four weeks.
Commissioner Regalado: Four weeks.
Mr. Donmez: Yes.
Mr. Warshaw: I just like to say, on the record, we've been meeting with
the County. The City has done everything that the County asked,
including the guarantees, as well as all of the changes to the participation
agreement that we brought forward to you. So, I agree that we're
committed to this. We want to see it move forward and if this passes
today, the County has got to get this. Otherwise, if it's not in there, by the
end of April, you know, the project is (inaudible).
Commissioner Regalado: Mr. Chairman, just a brief comment. I know
that the Manager and his staff has been meeting with the County and that
the County has asked more and more every time. The problem that I see
is that if they now come with another issue and this deadline is not
complied with, you know, the entity that will be embarrassed will be the
City of Miami, not the County, because the voters of Miami voted for this.
The City Commission has been struggling with this since 1997, I think,
and so, we should tell the County that, you know, we want to start
48 MARCH 23, 2000
construction of this project. If they miss the deadline, then we'll just have
to start the process. There is no other way. I hope that they understand
that this is a City project and that we need to move on this project.
Vice Chairman Gort: OK. Commissioner Sanchez.
Commissioner Winton: Mr. Chairman, it seems to me -- you know, we
have a resolution on the table that's -- that has the potential to send -- and
I seconded the resolution that has potential to send a strong signal to the
County, but it may also send the wrong signal, and Berne, you're sitting
here, it seems to me that we ought to have your comments about this
resolution before we move forward. We don't want to -- obviously, none
of us from here want to do anything that's going to jeopardize this thing
moving forward, and all we're trying to do is expedite the process. But
we do have a strong statement here on the table, in the form of this
resolution, that says we will undertake the entire 108 loan process, which
will change the dynamic here, and I think you -- if you have some
thoughts about it, you need to share them with us right now, before we
move forward with this.
Vice Chairman Gort: The only thing that worries me is how long would it
take if we were to do that? I mean, we can't delay this anymore. This
was four -- two to three years ago. It had the support of the voters of the
City of Miami; it had the support of the Greater Miami Chamber of
Commerce; everybody downtown. So, you know, it's a...
Commissioner Winton: But there is also...
Commissioner Teele: The City Attorney has been trying to get in -- way
in on this. I really. would like to hear -- he may have an answer.
Mr. Vilarello: Yes. Well, I don't know that I have an answer, but with
regard to this particular motion that's on the floor, the funding of this --
the County has signed and made certain commitments to the developer
here that, if we put in an earlier artificial deadline for the County's
commitment, I'm concerned that we may be inviting ourselves into a
dispute that we don't need to be involved in. I think, if the City
Commission want to express its support that in the event that the County
falls through with its commitments that it has made to the developer and
the City, that it wishes to proceed, perhaps, independently, that would, in
my opinion, be an appropriate motion.
Commissioner Teele: I'll amend my motion to say exactly what he said.
Commissioner Winton: And I second that.
49 MARCH 23, 2000
11
Vice Chairman Gort: OK. There is a motion. There is a second. Any
further discussion?
Commissioner Winton: We still haven't heard from...
Commissioner Teele: Mr. Attorney, what did the County commit to do,
other than submit the application? You said the County...
Mr. Vilarello: It has committed to funding this project in accordance with
the application that's been submitted.
Commissioner Teele: But other than the 108 application, which is the
funding, what has the County agreed to do over and above what anybody
would do in a 108 funding? You said...
Mr. Warshaw: That's pretty much what their role is and has been...
Commissioner Teele: But the attorney said they've committed to doing
some things.
Mr. Vilarello: They have: committed to providing this funding.
Commissioner Teele: But that's the 108.
Mr. Vilarello: Correct.
Commissioner Teele: But other than that, what have they committed to?
Mr. Warshaw: That's it.
Commissioner Teele: Well, let me ask this. How long does it take to
submit a 108? I realize that that's a hard question, but given the fact that
this 108 has had at least two conferences in Washington, that I'm aware of
-- I mean, they have -- this 108 has been negotiated in the City. It's been
negotiated in the County. It's been negotiated in ' the Oversight Board.
And it's been negotiated in Washington, at least in two conferences. So,.
Washington has cleared the track. I mean, it's a clear sliding on this. Are
we arguing about fees of the application sponsor or something or what are
we arguing about?
Mr. Warshaw: With the County?
Commissioner Teele: The County.
Mr. Warshaw: No.
50 MARCH 23, 2000
Mr. Donmez: Commissioner
Mr. Warshaw: The issue with the County has to deal with interpretation of
the appraisal, particularly as it relates to the business piece of the
appraisal. I've been meeting with Merritt Steirheim and there have been
some meetings as recently as this week, and ground rules have changed a
couple of times. We've made it very clear, abundantly clear, that we've
lived up to all of the spirit of the agreement, and we expect the County to
sign off on this and sign off on it now.
Commissioner Teele: But, Mr. Manager -- and I'll leave it -- the problem
that I had with this application from the very beginning, other than the
capacity, is, it . seems to me that we have negotiated ourselves into the
weakest pot -- we have 80 percent of the risk -- what percentage of the
risk do we have of this thing?
Mr. Donmez: Eighty percent.
Commissioner Teele: We've got 80 percent of the risk, with a
commitment to take the County out after --
Mr. Warshaw: Four years or
Commissioner Teele: -- four years.
Mr. Warshaw: Or possibly sooner.
Commissioner Teele: And they get the two million dollar ($2,000,000)
donation, plus they are charging fees. I mean, and what are we getting
out -- state real clearly what we're getting.
Commissioner Winton: Parrot Jungle.
Commissioner Teele: So; I mean -- you know, I'm trying to reconcile
what the City Attorney is saying because I'd rather be sitting where the
County is sitting on this deal, if I've got some sucker to agree to take 80
percent of the risk and I get a hundred percent of the donation, the two
million dollars ($2,000,000) donation, plus I get a hundred percent of the
fees...
Vice Chairman Gort: Commissioner Teele?
Mr. Vilarello: Mr. Chairman?
Vice Chairman Gort: Commissioner Teele, I've learned that people take
advantage of leverages. At the time that this transaction was put together,
51 MARCH 23, 2000
the City did not have any power to do any leverage in that transaction.
That's why we had to go through this. Now, my question, once again is,
we don't want to see this delayed anymore than it has been delayed. I
mean, people voted for this in '97, and we'd like to see it implemented. I
think it would be a great benefit. The question that needs to be answered
is -- and I. think Teele is right -- all the documentation is there.
Everything is there. If the City decided -- the County by any chance says,
"no, we can't do it," can we exchange the name of the County for the
City?
Mr. Donmez: Commissioner
Vice Chairman Gort: And how long would that take?
Mr. Donmez: The answer is yes, it is possible to submit a new
application, but there is still a process which we adhere to, like the public
hearings, and giving, you know, one month between the public hearing
and the City Commission approval, and we still need to submit through
Coral Gables office. It would be a fast tracking process, you know, but it
still takes time.
Vice Chairman Gort: It would be how long, more or less, three months,
four months?
Mr. Donmez: I'd like to say about four months.
Vice Chairman Gort: OK.
Mr. Donmez: Yeah.
Commissioner Sanchez: It's my understanding that we're willing to move
forward. I mean, if anybody dragging their feet here, it's not us. It's the
County. So, if they have an agreement signed and they don't meet that
agreement, then we have legal obligations to probably take them to court,
if it leads to that.
Commissioner Winton: I would still like to hear from Berne...
Vice Chairman Gort: Let's hear from the attorneys first, and then we'll
hear from Mr. Berne.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, just for the
record, my comments were not related to whether or not, as a matter of
policy, this City Commission should undertake the funding obligations.
However, at this point, we're facing deadlines for these funding
commitments and, as Mr. Donmez has indicated, four months before we
52 MARCH 23, 2000
9
could provide any of that funding. So, although -- perhaps Commissioner
Teele's issues are well taken. My comments were related to the timing
issue that we have right now.
Vice Chairman Gort: OK. Thank you. Berne.
Mr. Berne Levine: Well, I would like to thank the Commission for this...
Vice Chairman Gort: Name and address, please, sir.
Mr. Levine: Berne Levine, Parrot Jungle and Gardens. I'd like to thank
the Commission for this tremendous backing. At this time, though, I --
we've been in discussions with the County and the City, and I think that
we left the last meeting in allowing them to recognize to see that this
would be passed, and then they would sign the agreement, and I would
hope that we would probably at least maybe give them the opportunity --
they have spent a great deal of time. I do agree with a lot with what has
been said this morning, but I'm not sure how the County is really going to
feel about this, if there is a direct change of that immediately, at this
time. If they don't make the determination, and we were hoping they
would make that determination, even by the end of this week. I would very
much appreciate what you all have said and done this morning.
Vice Chairman Gort: OK. The motion -- will you -- the maker of the
motion, my understanding, you're modifying the motion...
Commissioner. Teele: The attorney is going state the motion.
Commissioner Winton: Well, one moment, please. What I think Berne
just said, Commissioner Teele, is that he's nervous about our motion. Did
you not just say that? And that what he would really rather we do is not
pass this motion now, because he's hoping that the County will act on this
by the end of this week, and if this County hasn't acted on it by the end of
this week, he's willing to come back before us again and ask us to do
something different. Now...
Commissioner Teele: I move the approval of the resolution and the
accompanying documents, as stated, with the requirement that it be brought
back to this Commission for review of the County Commission's actions at
the next meeting.
Vice Chairman Gort: Motion. Is there a second?
Commissioner Winton: Say that again.
Commissioner Sanchez: Second.
53 MARCH 23, 2000
El
C
Commissioner Teele: Move approval of returning it for an information
item in the next meeting.
Commissioner Winton: So, we're moving only the resolution in front of
us, not the one you and I -- right. OK.
Vice Chairman Gort: Right. That was withdrawn. OK. It's been moved.
Is there a second? Further discussion? Being none, all in favor state by
saying "aye."
The Commission (Collectively): "Aye."
54 MARCH 23, 2000
•
�J
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-264
A RESOLUTION OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT (S),
RELATING TO THE PARROT JUNGLE PROJECT ON
WATSON ISLAND, AUTHORIZING THE CITY
MANAGER TO EXECUTE (I) A DEVELOPMENT
AGREEMENT WITH MIAMI-DADE COUNTY AND
PARROT JUNGLE AND GARDENS OF WATSON
ISLAND, INC. IN SUBSTANTIALLY THE
ATTACHED FORM, ESTABLISHING. THE TERMS
AND CONDITIONS OF A 25 MILLION SECTION 108
LOAN GUARANTEE FROM MIAMI-DADE COUNTY
TO PARROT JUNGLE AND GARDENS OF WATSON
ISLAND, INC. AND (II) A MODIFICATION TO THE
LEASE AND DEVELOPMENT AGREEMENT DATED
SEPTEMBER 2, 1997, BETWEEN PARROT JUNGLE
AND GARDENS OF WATSON ISLAND, INC. AND
THE CITY, IN SUBSTANTIALLY THE ATTACHED
FORM, INCORPORATING CERTAIN PROVISIONS
RELATING TO THE FINANCING OF THE PROJECT
BY AN INSTITUTIONAL LENDER; AND (III) SUCH
OTHER DOCUMENTS AS MAY BE REQUIRED TO
ACCOMPLISH THE PURPOSE OF THE FOREGOING
DOCUMENTS, ALL IN FORM AND SUBSTANCE
ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
CONSENTING TO A PROPOSED SUBLEASE OF THE
PROPERTY BY PARROT JUNGLE AND GARDENS
OF WATSON ISLAND, INC. (THE "LESSEE") TO A
LIMITED LIABILITY COMPANY TO BE FORMED
FOR THIS PURPOSE, SUBJECT . TO THE
FOLLOWING CONDITIONS: (I) THE LESSEE IS
NOT RELEASED FROM ANY OBLIGATIONS UNDER
THE LEASE, (II) THE OWNERSHIP AND CONTROL
OF THE LESSEE AND THE PROPOSED SUB LESSEE
ARE IDENTICAL, (III) THE LESSEE, THE
PROPOSED SUB LESSEE AND THE SUBLEASE
AGREEMENT COMPLY WITH ALL APPLICABLE
PROVISIONS AND REQUIREMENTS OF ARTICLE 8
OF THE LEASE, AND (IV) LESSEE AND SUB
LESSEE PROVIDE TO THE CITY SUCH
DOCUMENTATION AS THE CITY MAY REQUIRE
55 MARCH 23, 2000
•
•
TO EVIDENCE FULL COMPLIANCE WITH THE
CONDITIONS SET FORTH HEREIN, ALL IN FORM
AND SUBSTANCE ACCEPTABLE TO THE CITY
ATTORNEY; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE SUCH DOCUMENTS AS
MAY BE REQUIRED FOR THESE PURPOSES, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY.
(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: Thank you. Good luck. Hope you get it.
Mr. Berne: Thank you. Thank you very much.
Vice Chairman Gort: Item 14, purchase of ten recycling trucks. Recycling
trucks. Yes, sir.
Mr. Dean De Jong (Acting Director, GSA): Good morning. Dean De
Jong, Acting Director, General Service Administration. This is a bid for
ten 35 -cubic yard -recycling trucks. This was off an existing bid, under
the city of Venice, Florida, and we have a letter from the company,
pledging that they will, in fact, honor the bid prices, which went through
a biding process, and we recommend the Solid Waste to have this.
56 MARCH 23, 2000
Vice Chairman Gort: Is this funding coming from the grant -- from the
state grant recycling or is this from general fund?
Mr. De Jong: It's capital improvement, CIP (Capital Improvement
Program), yeah.
Vice Chairman Gort: Capital Improvement Program. OK. Do I have a
motion?
Commissioner Teele: So moved.
Vice Chairman Gort: It's been moved. Is this a second?
Commissioner Regalado: Second.
Vice .Chairman Gort: Discussion? While I have all of you here, I think
it's very important that we are to understand that, for the first time, great
teams have been put together in the NET (Neighborhood Enhancement
Team), with the police, the inspectors, and everybody working together as
a team. The biggest complaint that I get sometimes is there is no
communications between -- among our departments. When one
department needs some assistance -- for example, we had some work done
in -- I'd like for all of you to go to the produce market. If you were there
a year ago, you go now; you can see the difference that has been produced
the produce market. We even have the private sector working very close
together, but we need the cooperation in getting these things done of all
the departments. So, I hope we can assist each other a little bit more on
those things. Is there a motion -- A, in favor state by saying "aye."
The Commission (Collectively): "Aye."
57 MARCH 23, 2000
•
•
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-265
A RESOLUTION OF THE MIAMI CITY
COMMISSION AUTHORIZING THE PURCHASE OF
TEN (10) 35 -CUBIC -YARD, HYDRAULICALLY
OPERATED RECYCLE BODY AND CHASSIS
TRUCKS FROM CONTAINER SYSTEMS AND
EQUIPMENT, AWARDED UTILIZING EXISTING
CITY OF VENICE, FLORIDA BID NUMBER 2685,
FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION TO BE UTILIZED BY THE
DEPARTMENT OF SOLID WASTE, IN AN AMOUNT
NOT. TO EXCEED $1,249,960; ALLOCATING FUNDS
THEREFORE FROM CAPITAL IMPROVEMENT
PROJECT NOS. 353015 ($848,400), 353018 ($385,600).
AND 353010 ($15,960).
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: Thank you.
58 MARCH 23, 2000
Vice Chairman Gort: Item 15, procurement of SCBA (Self-contained
Breathing Apparatus) gears.
Mr. Carlos Gimenez (Chief of Fire): Yes, sir. Carlos Jimenez, Fire Chief.
SCBA. Those are the self-contained breathing apparatus, the tanks that
the firefighters wear when they enter a burning building.
Vice Chairman Gort: OK.
Commissioner Regalado: Move it.
Vice Chairman Gort: Mr. Regalado, you move it?
Commissioner Regalado: Yes.
Vice Chairman Gort: Moved by Regalado. Seconded by Teele. All in
favor state by saying "aye."
The Commission (Collectively): "Aye."
59 ' MARCH 23, 2000
•
•
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 00-266
A RESOLUTION OF THE MIAMI CITY
COMMISSION APPROVING THE PROCUREMENT
OF SELF - CONTAINED BREATHING APPARATUS
AND ACCESSORIES FROM DRAEGER SAFETY,
INC. AWARDED PURSUANT TO MIAMI-DADE
COUNTY CONTRACT NUMBER 6306 -4/04 -OTR, ON
A CONTRACT BASIS EFFECTIVE THROUGH
NOVEMBER 30, 2005, SUBJECT TO FURTHER
EXTENSIONS BY THE COUNTY, IN AN ANNUAL
AMOUNT NOT TO EXCEED $600,000, FOR THE
DEPARTMENT OF FIRE -RESCUE; ALLOCATING
FUNDS THEREFORE FROM CAPITAL
IMPROVEMENT PROJECT 313304, ACCOUNT
NUMBER 289401.6.85029, FUNDED BY THE FIRE
ASSESSMENT.
(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.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Commissioner Johnny L. Winton
60 MARCH 23, 2000
Vice Chairman Gort: Thank you. Item 16, procurement EMS vehicles.
Mr. Carlos Gimenez (Chief of Fire): Yes, sir. Purchasing four EMS
vehicles off of Miami -Dade County contract.
Vice Chairman Gort: My understanding, at one time, a presentation was
made to us where a lot of times, when you have an emergency, instead of
a fire, that we're going to be answering those with this type of vehicles;
am I correct?
Mr. Gimenez: These vehicles -- 80 percent of our calls. are EMS, so 80
percent of our calls are answered by these types of vehicles. A lot less
expensive than a fire truck.
Vice Chairman Gort: OK. So, we'll keep the big trucks out of this
response.
Mr. Gimenez: Out of running, yes. As much as we can.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: Do we know where they are going to be
assigned to?
Mr. Gimenez: At this time, no. I can give you that information when they
come in. We...
Commissioner Regalado: There is no EMS vehicle on Flagler and 53?
Mr. Gimenez: On 59TH Avenue, Station 11, no, there is not. And we don't
anticipate putting an EMS vehicle there.. What we have is a paramedic
engine. The firefighters that work out of that engine company, they have
equipment that is equivalent to the equipment here. If we were to put a
61 MARCH 23, 2000
•
vehicle there, we would have to staff it with three more people, 13 more
bodies, and it would cost more money for the City.
Vice Chairman Gort: OK. Any further discussion? Being none, all in
favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 00-267
A RESOLUTION OF THE MIAMI CITY
COMMISSION APPROVING THE PURCHASE OF
FOUR (4) EMERGENCY MEDICAL SERVICE (EMS)
VEHICLES WITH OPTIONS, FROM AIR ROW
PRODUCTS CORPORATION, USING MIAMI-DADE
COUNTY CONTRACT NUMBER 5472-4/01-2,
EFFECTIVE THROUGH MAY 31, 2000, SUBJECT TO
FURTHER EXTENSION (S) BY MIAMI-DADE
COUNTY, FOR THE DEPARTMENT OF FIRE -
RESCUE, IN THE AMOUNT OF $510,076 AND
$25,503.80 IN CONTINGENCY RESERVE, FOR A
TOTAL AMOUNT NOT TO EXCEED $535,579.80;
ALLOCATING FUNDS THEREFORE FROM CAPITAL
IMPROVEMENT PROGRAM, "FIRE -RESCUE NEW
APPARATUS ACQUISITION", PROJECT NUMBER
313233, ACCOUNT CODE NUMBER 289401..840,
FUNDED BY THE FIRE ASSESSMENT.
(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
62 MARCH 23, 2000
Vice Chairman Gort: Item 17, communication operator, Professional
Service Agreement.
Major Joseph Longueira: Commissioners, this is authorization, allowing
us to negotiate contracts for people to fill in as part-time dispatchers to
help fill our holes in the 911 Center.
Mr. Donald Warshaw (City Manager): We've been doing this before. It's
been an ongoing process, in an attempt to get additional help until and if
we can get more full-time people.
Vice Chairman Gort: OK. Do I have a motion?
Commissioner Teele: So moved.
Vice Chairman Gort: It's been moved. Is this a second?
Commissioner Winton: Second.
Vice Chairman Gort: Further discussion? Being none, all in favor state by
saying "aye."
The Commission (Collectively): "Aye."
63 MARCH 23, 2000
•
11
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-268
A RESOLUTION OF THE MIAMI CITY
COMMISSION AUTHORIZING THE CITY MANAGER
TO EXECUTE PROFESSIONAL SERVICES
AGREEMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH VARIOUS INDIVIDUALS
TO PROVIDE COMMUNICATIONS OPERATOR
SERVICES FOR THE DEPARTMENT OF POLICE TO
ASSURE MINIMUM STAFFING REQUIREMENTS,
FOR A PERIOD OF ONE (1) YEAR, WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL
ONE - YEAR PERIODS; ALLOCATING FUNDS
THEREFORE, IN AN ANNUAL AMOUNT NOT TO
EXCEED $150,000, FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET,
ACCOUNT CODE NUMBER 001000.290201.6.270.
(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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
64 MARCH 23, 2000
•
•
Vice Chairman Gort: Item 18, resolution ratifying City Manager's actions,
emergency purchase of towing services.
Mr. Donald Warshaw (City Manager): This was for the three-month gap
prior to what you did at the last meeting, which was to finally approve the
total contracts.
Vice Chairman Gort: Right
Mr. Warshaw: So, there was a period of time, because the bids went out a
second time, so this is ratifying what I had done, and extending the
previous contract and allowing the tow contracts to continue.
Vice Chairman Gort: Do I have a motion?
Commissioner Teele: So moved.
Vice Chairman Gort: It's been moved. Is there a second? Johnny?
Commissioner Winton seconds.
Commissioner Winton: Second.
Vice Chairman Gort: Further discussion? Being none, all in favor state by
saying "aye."
The Commission (Collectively): "Aye."
65 MARCH 23, 2000
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-269
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
BIDS, AND APPROVING THE PROVISION OF
POLICE/FIRE DISPATCHED TOWING AND
WRECKER SERVICES INCLUDING TOWING OF
CITY -OWNED, LEASED AND RENTED VEHICLES
BY BANOS TOWING CORP, DIAZ TOWING
SERVICES, INC. DOWNTOWN TOWING COMPANY,
INC. FREEWAY TOWING, INC. KINGS WRECKER
SERVICES, INC. MIDTOWN TOWING OF MIAMI,
INC. MOLINA TOWING, INC. NUWAY TOWING,
SOUTH LAND TOWING, AND TED AND STANS
TOWING, FOR A THREE MONTH PERIOD FROM
NOVEMBER 1, 1999 THROUGH MARCH 31, 2000, IN
AN AMOUNT NOT TO EXCEED $70,000;
ALLOCATING FUNDS THEREFORE FROM POLICE
GENERAL OPERATING BUDGET, ACCOUNT CODE
NO. 001000.290201.6.270.
(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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
66 MARCH 23, 2000
•
•
Vice Chairman Gort: Thank you. Item 19, resolution amending resolution
number 00-043, adopting January 3, 2000. Creating an ad hoc committee
related to demonstration concerning Elian Gonzalez political asylum.
What's this resolution?
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, this was a
request from the committee to extend its period of time to report back to
the City Commission for an additional 60 days. It took them 60 days to
have their first organizational meeting, and requested additional time to
report back to the City Commission.
Vice Chairman Gort: Moved by Commissioner Winton. Seconded by
Commissioner Teele. Any further discussion? Being none, all in favor.
state by saying "aye."
The Commission (Collectively): "Aye."
67 MARCH 23, 2000
The following resolution was introduced by .Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 00-270
A RESOLUTION OF THE MIAMI CITY
COMMISSION, AMENDING RESOLUTION NUMBER
00-043, WHICH CREATED A SEVEN (7) MEMBER
AD HOC COMMITTEE TO INVESTIGATE AND
REVIEW COMMUNITY RELATIONS BETWEEN THE
CITY OF MIAMI POLICE DEPARTMENT AND THE
PARTICIPATING INDIVIDUALS THAT
TRANSPIRED THE WEEK OF JANUARY 3, 2000,
RELATED TO THE PROTESTS AND
DEMONSTRATIONS CONCERNING ELIAN
GONZALEZ POLITICAL ASYLUM AND CUSTODY
HEARING, TO REFLECT THAT THE FINAL REPORT
TO BE PRESENTED TO THE CITY COMMISSION AT
A CITY COMMISSION MEETING SHALL BE
SUBMITTED NO MORE THAN ONE HUNDRED
FIFTY (15 0) DAYS FROM JANUARY 13, 2000.
(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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Note For The Record: Item 20 was deferred.
Vice Chairman Gort: Little Havana Festival Committee.
Mr. Walter Foeman (City Clerk): There is one appointment needed,
Commissioner Winton.
Vice Chairman Gort: Commissioner Winton.
68 MARCH 23, 2000
Commissioner Winton: I have none. Not at this time.
Vice Chairman Gort: None. Pass.
Note For The Record: Item 21 was deferred.
Vice Chairman Gort: Health Facility Authority. I pass.
Note For The Record: Item 22 was deferred.
Vice Chairman Gort: Latin Quarter Review Board. Commissioner Winton
has two appointments.
Commissioner Winton: No. I have none.
Vice Chairman Gort: Pass.
Note For The Record: Item 23 was deferred.
Vice Chairman Gort: Number 23, Miami Audit Advisory Committee.
Commissioner Winton has one appointment.
Commissioner Winton: I have none.
Vice Chairman Gort: Pass.
Note For The Record: Item 24 was deferred.
Vice Chairman Gort: Miami Street Code Designation Review Committee.
Commissioner Winton.
Commissioner Winton: No.
Vice Chairman Gort: Pass.
Note For The Record: Item 25 was deferred.
Vice Chairman Gort: Budget and Finance Review Committee.
Commissioner Winton.
Commissioner Winton: No.
Vice Chairman Gort: You want me to give you some suggestions?
Commissioner Winton: Yeah.
69 MARCH 23, 2000
Vice Chairman Gort: Urban Development Review Board. Commissioner
Teele, Commissioner Winton. Yes, sir. It's the Urban Development
Review Board. This is the one that reviews all the...
Commissioner Winton: Bernard Zyscovich is my appointment.
Mr. Walter Foeman (City Clerk): There were applications submitted, but
you're not bounded -- you're not bound by those applications. You can
select whomever you like.
Commissioner Winton: Well, one of my appointments is Bernard
Zyscovich. He's an Architect.
Vice Chairman Gort: I would maintain my same appointments, Clyde
Judson and Robert Chisholm. Commissioner Winton, you have any?
Commissioner Teele: I maintain my two appointments of Mr. Wolfberg
and Mr. Uche.
Vice Chairman Gort: OK. Do I have a motion accepting the nominations?
Commissioner Winton: So moved.
Vice Chairman Gort: Moved. Second? All in favor state by saying "aye."
The Commission (Collectively): "Aye."
70 MARCH 23, 2000
S
The following motion was introduced by Commissioner Winton, who
moved its adoption:
MOTION NO. 00-271
A MOTION OF THE MIAMI CITY COMMISSION
APPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF THE URBAN DEVELOPMENT
REVIEW BOARD:
BERNARD ZYSCOVICH (NOMINATED BY
COMMISSIONER WINTON).
CLYDE JUDSON (NOMINATED BY VICE CHAIR
MAN GORT).
ROBERT CHISHOLM (NOMINATED BY VICE
CHAIR MAN GORT).
DAVID WOLFBERG (NOMINATED BY
COMMISSIONER TEELE).
EMMANUEL UCHE (NOMINATED BY
COMMISSIONER TEELE).
Upon being seconded by Commissioner Teele, the motion was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Note For The Record: Item 27 was tabled until the afternoon session.
Vice Chairman Gort: 27, departmental presentation, we'll do that after
lunch, I guess.
Vice Chairman Gort: 28, annual report, City boards and committees. Do
we have . any reports coming forward today? If not, make sure they get
thein next -- in other words, we're required to get reports.
Note For The Record: Item 29 was deferred.
71 MARCH 23, 2000
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Vice Chairman Gort: 29, Latin American Gourmet. Discussion?
Mr. Alejandro Vilarello (City Attorney): We're going to defer that.
We're going to defer 29...
Commissioner Winton: I'm sorry. We're deferring that.
Vice Chairman Gort: We're deferring 29?
Unidentified Speaker: Right.
Vice Chairman Gort: OK. The Mayor doesn't have any items.
Commissioner Gort does not have any items in the Commission district.
Mr. Donald Warshaw (City Manager): Twenty-nine A, Commissioner..
Vice Chairman Gort: Oh, I didn't see that. I don't have a 29A. Oh, yes, I
do. I'm sorry. Discussion Item concerning resolution -- discussion
concerning the identification of funds in an amount not to exceed five
hundred thousand dollars ($500,000) for capital and infrastructure
improvement needed to complete the proposed Charles Hadley park
community center. This has been Undergoing for a long time now. Yes.
We invented the identified the funds to finish it.
Ms. Bertha Henry (Assistant City Manager): Bertha Henry, Assistant City
Manager, Finance and Administration. Commissioners, yes, we have. We
have identified the funding in the capital improvement fund. If the
Commissioners approve the item, we will bring it back as part of the mid
year to formally have you appropriate it.
Vice Chairman Gort: And this will be for the finish and the infrastructure
iinprovem.ent needed to complete the Charles Hadley Park Community
Center?
Ms. Henry: Yes, sir.
Vice Chairman Gort: OK. Commissioner Teele, they have found the funds
for the completion of the community center.
Commissioner Teele: Mr. Chairman, the president of the Hadley Park
Homeowner's Association -- Mr. Herschel. Haines, if you would come
forward -- is here, and as you know, this project goes back to 1994/96.
72 MARCH 23, 2000
Mr. Herschel Haines: Ninety-five.
Commissioner Teele: Ninety-five, when this Commission designated the
Hadley Park Homeowner's Association as the sponsoring and the conduit
for this activity. Actually, it was designated as a community center, and,
again, it's something that I think you and many of the other
Commissioners, long before I got here, have gone and seen the conditions
-- the they horrible conditions of the AARP (American Association of
Retired Persons) and the other people that are meeting, and really what
would be described as third world conditions. And, so, I think we want to
express an appreciation to the management and the Manager and the Parks
Department, and, Mr. Haines, I would hope that that's satisfactory to you?
Mr. Haines: It does. And I want to thank...
Commissioner Teele: Your name and address for the record.
Mr. Haines: My name is Herschel Haines, and I'm Chairman of the
Hadley Homeowner's Association. For the Hadley Park Homeowner's
Association. And my address is 4601 Northwest 15th Avenue.
Commissioner Gort, I'd just like to say that this is my first time in this
forum before you, since I serve with you on the Charter Reform
Committee. I just want you to know that I find it to be very informative,
and it was indeed an honor to have been on that committee with you as
chair, and I just like your fellows colleagues an your peers to know, as
well as the people at large, to know that you, in my opinion, you did an
exceptional job of being fair, and every district we went in you went
above the norm to allow everybody to be heard, and I just want to thank.
you.
Vice Chairman Gort: It was a pleasure to have you be a part of that.
Mr. Haines: Thank you. And, again, I just want to say, I want to thank
the Commission, Mayor for... and the park people who found the funds to
facilitate this project forward, as I'm sure all of you know that it's been
almost half a decade since this Commission passed the resolution and just
today that the funds have been found and they can finally come up out of
the ground. I'm sure a lot of people would be seriously delighted, so we
thank you.
Vice Chairman Gort: Well, it's about time. I think you have a lot of
people that go there, they meet, and that's one of the parks they use the
most.
Mr. Haines.: Right. And one, other thing. I promised some civil service
of the City of Miami that I would request of you -- because they are
73 MARCH 23, 2000
always bringing it to us, the Homeowner's Association, in regards to the
code. A lot of officers of the City feel that they could better do their jobs'
if they just had the Code updated, that they could -- actually, they feel,
and I agree, that the City is losing a lot of money by the code not being
updated, that they can do their jobs in terms of violations, and it was
discussed with me that one way of doing this -- just a suggestion -- is that
if the Commissioners could see the need to do something 'like a workshop
and invite all of the key concerned people here, where ever it is you
would designate that place to be. That would be like the -- all of the, say,
Homeowner's Associations chairpersons, and maybe their associates, and
the officers that are out in the field and doing the work, and like, for an
example, the NET (Neighborhood Enhancement Team) officers, who could
do a lot more if the code was updated. And, Commissioner. Gort, you
probably will recall that, while Commissioner Plummer was here, before
he was -- of course he's not here anymore -- but before -- while he was
here, that he came before the committee, the Charter Reform Committee,
and he shared with us that the code needed to be updated, and, so, I just
would like to bring it back to where I think it could be handled and that's
to you, the Commissioners.
Vice Chairman Gort: Thank you. . We're going through the process of
changing and bringing that to the public, the Code, and will continue to
do so. In the meantime, I think if any of the departments have any
problem with any specific code or any specific, bring it back to us and we
can address it. And this is one problem that we've had. Even our own
people, building our own facilities, sometimes have problems with the
code. So, we need to deal with that. Thank you, sir. And hopefully, God
willing, soon, you'll be able to have a party over there. Thank you.
Thank you all.
Commissioner Teele: Mr. Chairman, before we conclude this product, the
we have a resolution -- we've not voted on that, have we?
Vice Chairman Gort: My understanding is no resolution is in front of us.
This was just...
Mr. Warshaw: No. It was just an identification of...
Vice Chairman Gort: Identification of the funding being founded. The
resolution, I imagine, have to come...
Mr. Warshaw: Come back on the 13.
Vice Chairman Gort: Yes, ma'am.
Mr. Warshaw: Come back on the 13.
74 . MARCH 23, 2000
Commissioner Teele: Does it require public hearing?
Mr. Warshaw: It will come back on April 13. You asked us to put this
on...
Vice Chairman Gort: As an information item.
Mr. Warshaw: -- for purpose of identifying...
Vice Chairman Gort: My question is, I think we have approved that
before.
Commissioner Teele: We've approved it, but the additional -- let me just
explain this. There is a high sense of frustration now because the public,
the homeowners, the community have heard a series of promises. I wasn't
here when most of the -- in fact, I don't think anybody was here when this
promises started on this. This City has had a long history. What I would
like to do today is get an agreement with the Manager -- I think we've got
an agreement from the State -- that we can have -- that we can move
forward with this project, with a ground breaking on April 19. And, Mr.
Chairman, I would move that the groundbreaking be established for April
19, and the State had agreed to coordinate that with the City and with the
Mayor and with the neighborhood and all of that, and we can begin to
move this project forward. Now, Mr. Attorney, there is a big issue here,
and that is, the way we're getting this money -- and I want to be very clear
about this because I would hope that nobody else gets puts in this
position. The way we're getting this money is from the Safe
Neighborhood Bond -- the Dade County Safe Neighborhood Bond, which
is the second crunch of money, a million dollars ($1,000,000) or so. What
is the amount?
Mr. Albert Ruder (Director, Parks & Recreation): It's approximately a
million dollars ($1,000,000).
Commissioner Teele: OK. We, the City, did a joint venture with Ms.
Nichols,- the inner City -- Ms. Nichols, come please -- the Inner City
Children's Touring Dance Group, which is a not-for-profit. Because the
only way we could get the money is that it had to go through a not-for-
profit. In other words, the City could not make the application for the
million dollars ($1,000,000). Is that right, Mr...
Mr. Ruder: It's partly right. Albert Ruder, Parks Director. They
encourage you to have partners, and we did list Ms. Nichols...
Commissioner Teele: No, no, no. We were going with the different
75 MARCH 23, 2000
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group. You told me -- and this is three weeks after I had been elected.
Mr. Ruder: Right.
Commissioner Teele: You told me that the only way we could get the
money, because of the way the application process was written, it required
a partnership of a not -for -.profit.
Mr. Ruder: Well, maybe it was a misunderstanding. They looked at the
application very highly if you had a partner, and that's where we thought
it would be very good to have a partner like Ms. Nichols program.
Commissioner Teele: And the County Parks Board met with me last week
and said, this project is the best project in the entire Dade County, in
terms of what it represents. It represents culture, as opposed to just
football, basketball and baseball. It represents women, as well as men,
and from a checklist, it is the highest rated activity of the entire Dade
County Parks Bond Program. But this is the problem, City of Miami; Ms.
Nichols still doesn't have a use agreement from the County... City
Attorney to basically carry out the conditions of the grant, which is --
she's committed that she's going to provide programming with the senior
citizens -- to come in and do aerobics in the morning with the children,
and this. The attorney has been promising us -- we've said we need this
use agreement. Now, where is the use agreement?
Mr. Warshaw: It's on its way.
Mr. Ruder: With all due respect, the agreement is on its way. The
attorney, Asset Management, and Parks is in the process of finalizing. It's
not really being held up.
Commissioner Teele: Well, what does on its way mean?
Mr. Ruder: It's not really being held up at the City Attorney office.
We're just finalizing the terms of...
Mr. Warshaw: I'll give you a time line before we break.
Commissioner Teele: But, Mr. Manager, really, this has gone on now --
we -- this grant was submitted when, Ms. Nichols? Would you identify
yourself?
Ms. Florene Nichols: I think about a year and a half ago.
Commissioner Teele: Your name and address for the record.
76 MARCH 23, 2000
Ms. Nichols: My name is Florene Elizabeth Nichols. I'm the Executive
Director of the inner City Children Tour And Dance Company, 4120
Northwest 8"' Avenue, in Miami.
Commissioner Teele: It was submitted in February of '98, I believe. Now,
the use agreement should have been done at the same time the grant went
foward, and I've been asking for the use agreement -- you know, Mr.
Attorney, I called you on this about what, six months ago, before we
broke for the summer, and you said there was a...
Mr. Alejandro Vilarello (City Attorney): Commissioner, the use
agreement has not yet reached our office for review. It's in the process of
being prepared. It is a process that we normally go through, but it has not
reached our office for review yet.
Commissioner Teele: The same thing I said about Parrot Jungle for Mr.
Levine applies to people like Ms. Nichols. Mr. Manager, .I want to say
this -- Mr. Manager, respectfully. The same thing that I said about Berne
Levine 108 -- and he's a for-profit or company -- applies in spades for a
not-for-profit. It doesn't make sense to hang these people out -- I mean,
she submitted, on our behalf, it's a partnership. And it takes us 18 months
just to get the agreement, and that's not right. So, I would just appeal to
you to have the agreement at least before the ground breaking.
Mr. Warshaw: I will.
Vice Chairman Gort: There is a motion.
Commissioner Teele: Motion for groundbreaking.
Vice Chairman Gort: Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Been moved and second
Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
Any further discussion?
77 . MARCH 23, 2000
:7
•
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO, 00-272
A MOTION TO PROCEED WITH THE
ESTABLISHMENT OF THE APRIL 19, 2000 GROUND
BREAKING CEREMONY FOR THE PROPOSED
CHARLES HADLEY PARK COMMUNITY CENTER;
FURTHER AUTHORIZING AND DIRECTING THE
CITY MANAGER TO COORDINATE SAME WITH
THE RESIDENTS OF THE MODEL CITY
NEIGHBORHOOD.
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Regalado: Can I bring back 26, because I need to make
two appointments?
Vice Chairman Gort: Go right ahead, sir.
Commissioner Regalado: Urban Development Review. Board. Willy
Bermello, Juan Zubillaga.
Vice Chairman Gort: OK. Do I have anyone else?
78 MARCH 23, 2000
Commissioner Regalado: No.
Vice Chairman Gort: OK. Do I have a motion to accept nominations?
Commissioner Sanchez: Motion moved. Second.
Vice Chairman Gort: It's been moved. Second?
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved and second. Further discussion?
Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Regalado, who moved its
adoption: .
MOTION NO. 00-273
A MOTION APPOINTING WILLY BERMELLO AND
JUAN ZUBILLAGA AS MEMBERS OF THE URBAN
DEVELOPMENT REVIEW BOARD.
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you. Commissioner, district 2.
Commissioner Winton, you're waiting until afterwards. Commissioner 3,
Commissioner Sanchez, you don't have any...
Commissioner Sanchez: Yes, I do.
Vice Chairman Gort: OK.
79 MARCH 23, 2000
Commissioner Sanchez: I'll come back to my stuff. I'll pass.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Yes. Mr. Chairman, I have -- I tried to get on the district page but
we didn't have time. This is an item regarding an issue that we discussed in the last
meeting, the Greater Miami Convention and Visitors Bureau. And I know that the
administration is going to come back with some information on the April meeting, but this is
a time -sensible issue and, so, I would like to include this briefly in the district page. So, it's -
- when we discussed the role of the Greater Miami Visitors and Convention Bureau
promoting and marketing the City of Miami, I asked the administration about the increment
that we were going to have as soon as the new hotels that are being built in the City of
Miami will be on-line, probably, late this year. The numbers that came back from the
administration is approximately six hundred and forty-eight thousand dollars ($648,000).
My motion here and my request to the City Commission is to approve a resolution asking
the team of lobbyists of the City, our liaison, with the legislature and the Dade County
Delegation, to amend the law that governs the Greater Miami Visitors and Convention
Bureau so that the City, starting this fiscal year -- next fiscal year, could get the increment --
not separate the City from Greater Miami Convention and Visitors Bureau, but to get the
increment in order to do two things: To start a Department of Marketing for the City of
Miami and to use that increment money in tourism and visitors infrastructure. And the
reason is that, if you go to Little Havana, Little Haiti, Allapattah, things that people would
love to see downtown, northeast, we do not have signs; we do not have information,
banners. This is -- we try to be a tourist -oriented city, but we do not have infrastructure. If
you walk through the sidewalks here, as you go to Coco Walk, I mean, you have to be very
careful because .you may fall. And when you see those buses parked there, you know, there
is a need for a tourist -friendly, a visitor -friendly infrastructure in and around the different
areas that could be used to market Miami. I don't think that we will get a lot of opposition
to amend this because this City lives off tourism, among other things. And this increment
will not affect the agenda of the Greater Miami Visitors and Convention Bureau in terms of
marketing. If you ask me -- and I'm still waiting for proof — we are not getting what we give
to that entity in terms of promotions and marketing, and the numbers speak for themselves.
If you ask me, Miami Beach gets 60-67 percent of the promotion of the marketing for the
Greater Miami Convention and Visitors Bureau. So, what I'm asking the Commission is to
request from the legislature to amend that law so we can keep the increment in order to start,
eventually, a marketing and visitor's bureau but to use that money for tourism, visitors
infrastructure. That would be a motion, if you consider that.
80 MARCH 23, 2000
Commissioner Sanchez: If I can, I want to commend you. I think it's a great idea. We need
to start — I would like to find out how many numbers. How much will we generate from that
increment?
Commissioner Regalado: We generated from the bed tax four million forty thousand dollars
($4,040,000) and from the food and beverage, one million two hundred thousand dollars
($1,200,000), more or less. So, that would be about five million and some. Out of that, the
City gets a million. One million.
Commissioner Sanchez: It would take legislation action to
Commissioner Regalado: It would take legislation action to amend. We don't want a new
law. Just to amend so we can get the increment. The increment for...
Commissioner Sanchez: So, your motion is to amend?
Commissioner Regalado: To amend the law so we can keep -- the City can keep the
increment, starting July 1 st.
Commissioner Teele: Second the motion.
Commissioner Sanchez: Second.
Commissioner Teele: On the discussion. But...
Vice Chairman Gort: Been moved and second. Discussion.
Commissioner Teele: The motion would be to instruct the Law Department and the
Manager to draft a legislative fix, if you will, which will require -- it's not us amending. It's
our lobbyists going up trying to amend it.
Commissioner Regalado: Right. Yeah.
Commissioner Teele: And that's why I think we need -- because the clock is ticking. I
mean, the Legislature halfway through by the time everybody gets on board on this thing.
And I think it's also important that we confer with the County on this. But this is my
unreadiness on this. I think Commissioner Regalado really should be commended in.
looking at this issue and the economic committee because it shows that we really have been
asleep at the switch. But I don't think he's gone far enough. What he's focusing on is the
Convention Bureau. The bigger pot of the money is the sports franchise tax, the so-called
bed tax, which is coming from .the same source. Now, there are two pots of money and I
always get confused about it. But we really need a financial advisor, too, Mr. Manager, any
time we can get around to that. But the bed tax that generates the Sports Franchise Fee --
and I'm taking to note that Mayor Penelas has said that the City of Miami has gotten all that
we're going to get on the Sports Facilities and I certainly don't quarrel with him with that.
But the problem is that we're still generating -- the City of Miami and Miami Beach are still
81 MARCH 23, 2000
generating 70 percent, 80 percent of all the money, so we shouldn't be capped out. And it
would seem to me that, if we're going to take at redirecting the increment, we would redirect
both the advertising dollars that Commissioner Regalado's talking about and we would also
look at that source that has the capital dollars, which built the Homestead, the Lipton, the
two golf courses, as well as the Miami Arena, and a third of that, I think, goes to support the
Miami Beach Convention Center, as well. So, there's two pots of money and what I need is
an understanding of what are those two streams? Commissioner Regalado is saying that one
stream has.five million dollars ($5,000,000) a year, of which we're contributing...
Commissioner Regalado: Five million. We contribute five million.
Commissioner Sanchez: The whole amount.
Commissioner Teele: No, but it's more than that. Miami Beach annexed themselves out of
that somehow.
Commissioner Regalado: Yeah. Miami Beach is a separate entity from the -- No.
Commissioner Teele: It's Dade County, less Miami Beach.
Vice Chairman Gort: My understanding is, out of the hundred percent that comes out of
Miami Beach, sixty-seven stays with the Miami Beach and the rest goes to the bureau. I
think...
Commissioner Regalado: Commissioner, the figures that I read, it's Miami contribution
from the City of Miami. That's what the Manager...
Commissioner Teele: To what?
Commissioner Regalado: To the Greater Miami Convention and Visitors Bureau.
Commissioner Teele: And I'm in agreement with that. But I'm saying, there's also another
pot of revenue stream...
Commissioner Regalado: It is.
Commissioner Teele: ...that is basically the same source. It's the hotels and the food and
beverage of those...
Ms. Christina Abrams: There's a Convention Development Tax...
Mr. Donald Warshaw (City Manager): Give you the four revenue stream numbers, if you'd
like.
Cominissioner Teele: Oh, you have all four of them?
82 MARCH 23, 2000
Ms. Abrams: The convention development tax is a three percent tax on
room rental and the gross collected by the County is twenty-six million a
year.
Commissioner Teele: And how much does the City represent?
Commissioner Winton: Which one is that now?
Ms. Abrams: This is called the Convention Development Tax dollars and that's what funds
the Miami Beach Convention Center. That's what funds the Miami Arena. Portion of which
funds the American Airlines Arena and I believe part of it's going for Performing Arts
Center.
Commissioner Teele: Give us the name of that again.
Ms. Abrams: It's called the Convention Development Tax. And it's three percent of room
rental and the gross is twenty'six million eight hundred and fifty-eight thousand five
hundred nine dollars ($26,858,509).
Commissioner Teele: Now, when Commissioner Regalado was reading out his number,
does his number include that twenty-six million?
Ms. Abrams: No. That was under tourist tax and the food and beverage tax, which is what
funds the Bureau. Of which funds the Bureau.
Vice Chairman Gort: This fund here, where do they go?
Ms. Abrams: The Convention Development Tax dollars is what funds the Miami Arena...
Vice Chairman Gort: That's what you were talking about?
Ms. Abrams: ...the Miami Heat Convention Center...
Commissioner Teele: That's what I'm talking about. That's the biggest pot of the money.
Ms. Abrams: That's the biggest pot of the money.
Commissioner Teele: That's why I said, I'm in agreement with everything that he's saying;
but he's only gone halfway. I mean, you know...
Ms. Abrams: That is the biggest.
Commissioner Teele: I'm not going to criticize him...
Vice Chairman Gort: Well, we won't receive any of these funds?
83 MARCH 23, 2000
n
Ms. Abrams: No.
•
Vice Chairman Gort: This goes directly to the County and the County utilizes this to fund...
Ms. Abrams: Nor does this fund the Miami Convention Center.
Commissioner Teele: But this does fund the MSEA (Miami Sports and Exhibition
Authority) facility?
Vice Chairman Gort: Right.
Commissioner Teele: And I remember, there was a vote that said...
Commissioner Regalado: On the homeless.
Ms. Abrams: No. The homeless is a different tax.
Commissioner Teele: It's a different tax.
Mr. Warshaw: It's another...
Commissioner Teele: But I just want the Commission to know that this funds the capital for
the MSEA, which is what, about eight hundred thousand a year? No.
Ms. Abrams: That's the operating budget. The debt is about four million.
Commissioner Teele: It funds four million dollars ($4,000,000) a year for the Arena and,
then, we, the County Commission, at that time, voted -- and this was a big fight, just so that
everybody knows -- that the surplus of this tax, that was in excess of the hundred and fifteen
percent of the bonding, was donated back or was rerouted back to MSEA. So, MSEA gets
the four million dollars ($4,000,000) in bonds. Plus, MSEA gets -- let's call it a windfall
right now of about eight hundred thousand dollars ($800,000) a year to fund MSEA's
activities. So, once you start moving around with these dollars, just know that they're -- for
every action, there could be an opposite in equal reaction somewhere down the road, so... .
Ms. Abrams: The other tax is one percent, which is a Professional Sports Franchise Tax,
and that's what funded the Homestead Air -- I mean, the Homestead Race Car Track and
that the gross — the annual gross is five million nine hundred and thirty-three thousand four
hundred...
Commissioner Teele: How much do we put in of the five million?
Ms. Abrams: Well, our hotels, on average -- and this is a general statement -- generate
about 30 percent of all these different funding sources. It varies between 30 to 36 percent.
Commissioner Teele: So, roughly, of the five million dollars ($5,000,000) -- I'm not good in
84 MARCH 23, 2000
El
math.
Commissioner Sanchez: One point eight.
Commissioner Teele: That's one point five, one point six?
Ms. Abrams: About, yes.
Mr. Warshaw: One point six, one point seven.
Commissioner Teele: And what do we get back from that now?
Ms. Abrams: Nothing.
Commissioner Sanchez: Zip-po.
Commissioner Teele: We get nothing?
Ms. Abrams: Nothing.
C]
Commissioner Teele: But we generate one third of it, about a million and a half?
Ms. Abrams: Correct.
Commissioner Regalado: Well, the reason -- and this is, of course -- remember that a year
ago, more or less,. we had the directors and president of the Greater Miami Convention and
Visitors Bureau, the Mayor created a committee. That committee only met once to discuss
the marketing of Miami. I have followed the marketing pattern of the Greater Miami
Convention and Visitors Bureau and it has not changed, at all, since we first had these
meetings here. So, this is why I'm asking the Commission to request from the legislature
and our liaison, Commissioner Sanchez, to try to amend this law. I will tell you that
Commissioner Teele is right. There are other many sources that we are not getting the fair
share. But I will tell you that this increment of six hundred thousand dollars ($600,000) that
are going to go right on line in the next few months will not change the picture of the
marketing of Miami. So, we need to use that money for tourism, infrastructure and
marketing. I do know that marketing Miami will cost probably five to ten million dollars
($10,000,000) a year. We all know that. But that's not the point. The point is that we could
use this money for promotion within Miami. That means infrastructure to promote tourism.
Commissioner Teele: But she's got three more to go through.
Commissioner Regalado: Oh, yeah, I understand that.
Commissioner Teele: I mean, she's only gone through two.
Ms. Abrams: I have two more to go through.
85 MARCH 23, 2000
Commissioner Regalado: I understand that. But just not get things complicated, I brought
this just today and I hope that the Commission will address one by one these items because I
will tell you. I know a little about marketing. We are not being promoted. I kept telling this
for almost three or four years. We are not being promoted. If you see the TV ads in Canada
now, what would you see? You will see South Beach.
Mr. Warshaw: South Beach.
Commissioner Regalado: That's all you're going to see. So, go ahead.
Vice Chairman Gort: I have a question. And this is something that was brought up before.
Out of the twenty-six million dollars ($26,000,000)...
Commissioner Teele: Of the Convention Development Tax
Vice Chairman Gort: Seven point — yeah. Seven point eight comes from the City of
Miami?
Ms. Abrams: Oh, much more than that. Of the Conven.. .
Vice Chairman Gort: You said 30 percent.
Ms. Abrams: Right. Oh, I'm sorry. I thought you meant seven point eight percent.
Vice Chairman Gort: So, seven point eight is specifically for that one. Then that's one that
gives MSEA four point eight?
Ms. Abrams: Correct.
Vice Chairman Gort: So, we still have a balance of three.
Ms. Abrams: And maybe a little more because they also get funding for capital...
Vice Chairman Gort: The five million dollars, we get one point six and we don't have any --
we don't get any back from that, the one -cent.
Mr. Warshaw: Sports Franchise.
Ms. Abrams: Oh, the Sports Franchise? Yeah.
Vice Chairman.Gort: That was put in specific to build the Homestead...
Ms. Abrams: It was actually imposed before the Homestead Air Force — I mean, the
Homestead Race Track was built.
86 MARCH 23, 2000
Commissioner Teele: No, no. We grabbed the -- when I was in the County, we grabbed
this because it was there. It wasn't proposed as a way to fund. It was -- Sanchez came in and
said, "Look, this is what we'd like to do." And we went to the financial advisors and said,
"Give us where we can get the money. What are the other two, ma'am?
Vice Chairman Gort: Thank you. OK. The other two.
Mr. Warshaw: These monies could be used to improve the Orange Bowl and Knight
Center.
Vice Chairman Gort: Right.
Ms. Abrams: And pay for the Knight Center's debt like it pays for the Miami Beach
Convention Center...
Commissioner Teele: What are the other two?
Vice Chairman Gort: The other two?
Ms. Abrams: ... and the American Airlines Arena and the Miami Arena...
Commissioner Teele: What are the other two?
Ms. Abrams: I covered the Professional Sports Tax. Then there's the one -cent Homeless
and Spousal Abuse Tax. And that grosses eight million three hundred.and four thousand
five hundred and twenty dollars ($8,304,520).
Commissioner Teele: And the City generates?
Commissioner Winton: How much? What did you say the amount was?
Ms. Abrams: I'm sorry. Eight million three hundred and four thousand five hundred and
twenty-nine.
Vice Chairman Gort: About one point eight from the City.
Commissioner Sanchez: One point eight from the City?
Commissioner Teele: No, it's got to be more than one point eight.
Vice Chairman Gort: You said 30 percent?
Ms. Abrams: About 30 percent, on average.
Vice Chairman Gort: Two point four.
87 MARCH 23, 2000
•
Commissioner Teele: That's two point four.
Commissioner Winton: But a big chunk of it comes back. That's worth...
Commissioner Teele: And we got all of the homeless...
Vice Chairman Gort: We got — that one's added on.
Commissioner Winton: We got all the homeless and we got facility.
Vice Chairman Gort: Next one.
Ms. Abrams: And, then, on the Tourist Tax. The tourist tax is two percent but it's two
percent on room rental, which is the amount that you all saw that's generally in the city,
which is four million. The total amount generated in the County is eleven million one
hundred and forty-nine thousand. And that's a room tax. And, then, there's...
Commissioner Winton: Well, you confused me there. The total is eleven million and how
much — and the City gets thirty percent of that back also? I mean the City puts in 30 percent.
Ms. Abrams: In the case of the Tourist Tax, I know the exact amount because the
Commissioner requested it. It's about 36 percent and it comes out to four million forty and
that's what's in the memo.
Commissioner Teele: So, those are the four. Is there a fifth one?
Ms. Abrams: Well, in the tourist tax, it's two categories. Tourist tax on room rental and,
then, tourist tax on food and beverage sold in a hotel. And that's where you get...
Commissioner Regalado: One million two hundred thousand dollars ($1,200,000).
Ms. Abrams: The gross collected in the County is three million eight hundred and
seventy-six thousand three hundred and two ($3,876,302) of that, one point two is collected
in the City.
Vice Chairman Gort: So, the source of funding that Commissioner Regalado is talking
about, where does it come from?
Commissioner Regalado: Tourist tax and...
Ms. Abrams: The bureau is funded by the tourist tax...
Commissioner Regalado: Food and beverage.
Ms. Abrams: ...for room and for food and beverage.
88 MARCH 23, 2000
Vice Chairman Gort: Room and food and beverage.
Commissioner Regalado: Those two sources. Only those two sources that
go directly to the Greater Miami Convention and Visitors Bureau.
Remember, this doesn't have to do anything with MSEA or homeless or
anything. This goes for promotion and marketing of Miami -Dade County
and within Miami -Dade County. I will tell you. If they can prove...
Vice Chairman Gort: We've got it.
Commissioner Regalado: No, no. This is why — and not to complicate things. This is why
I'm requesting from the Commission through the liaisons, with the legislature,
Commissioner Sanchez and the lobbying team, to try to do this because I think it's fair.
People would recognize that it's fair and it would serve the City's purpose to create a tourist
and visitors infrastructure.
Vice Chairman Gort: I'd like to go beyond that after we pass this resolution. I have another
proposal. OK. There's a move and a second?
Commissioner Winton: I have a couple of comments or questions. By what measure,
Commissioner Regalado, do you measure the success of the Greater Miami Visitors and
Convention Bureau as it relates to marketing Miami? What's the measure of success or
failure that you use?
Commissioner Regalado: There is no measure of success or failure. There is only the
product. If you examine the product, 70 percent of the marketing of Miami -Dade County is
geared to South Beach and the beaches, Miami -Dade County and the beaches. And what
you say make sense. Do you measure -- what do you measure that? Well, hotel occupancy,
for one thing, in downtown Miami. What this means is that, if you have an 80 percent rate in
downtown'and if you have a 60 or 50 percent in South Beach or Miami Beach, you know,
it's been successful. But if the figures are different, we have a problem in terms of
measuring the success.
Commissioner Winton: But aren't the figures not different? The fact of the matter is, is that
we have a hotel boom, building boom going on in the City of Miami. You don't have a
building boom if you don't have success in existing hotels. So, at least, according to my data
-- and I track this, periodically, because I like to know what's going on there -- both
occupancy rates and room rates are very, very healthy in the City of Miami. So, that
suggests to me that the marketing, even though they're not saying City of Miami, they're
saying South Beach, frankly, if I'm marketing from a global standpoint, I'm saying South
Beach also. Because South Beach is the hot product in our County and that brings people
here and many of those people do come to the City of Miami and they'll stay in hotels in the
City of Miami, as well. So, you know, in marketing, you always grab whatever
the hottest button issue you can find and you promote the heck out of that
hot button, and the whole region gets a spin off from it, and I, frankly,
think that, based on occupancies and rental rates in hotels, and the fact
89 MARCH 23, 2000
•1 •
that there are more hotel rooms under construction in the City of Miami
than anywhere else in the County, is a significant statement that suggests
to me that Greater Miami Visitors and Convention Bureau is doing a good
job of marketing our community. So, I'm pretty -- I think -- I guess I look
at this differently. I don't look at this as though they are doing a bad job.
I look at it as though -- because the real proof is "in the pudding" of room
rates, occupancies, and new hotels being built. All three of those
standards we're excelling in. So, I'm nervous about setting up a process
whereby -- we don't have -- there are not enough marketing dollars going
into the Greater Miami Visitors and Convention Bureau to do a decent job
in the first place. We have peanuts that goes into marketing Miami -Dade
County compared to destinations like Atlanta, Southern . California the
Bahamas the Caribbean, all the places that are competitive with us, we
still have peanuts. And what we're suggesting to do now is to take some
incremental funds that could be valuable to that greater effort and dilute
them into something that's going to be City of Miami specific, and I'm
very nervous about that. For that reason and for the second reason that it
sets, I think, a dangerous precedent that begins to unravel the whole
process that this regional cooperative effort in Greater Miami -Dade
County has put together. And, so, I'm very, very nervous about this idea.
Commissioner Regalado: But the City of Miami Beach, Johnny, did
something more drastic than we're doing.
Commissioner Winton: But they did. it from the get - go, so that's always
been there.
Commissioner Regalado: But what I'm saying is, if you don't have a
tourist and visitors infrastructure, which we don't have, and we have to
recognize that, it would be impossible to maintain the level or increment
the level of visitors, and I will tell you. You know more than anybody
here about downtown, but I hear from the people of downtown that, you
know, they would want more visitors. Because every time there is a
money crisis in Brazil or in Venezuela, you know, everything goes down.
I will tell you that the City has the ability to promote things that will
probably not be the hot spot for markets in Canada or in Rio, but we have
things within the City that would appeal to a lot of people in the
Caribbean and Central America, Latin America. But remember, my
concern is that, with this increment, the level of marketing of Miami will
not increase dramatically for the City of Miami. It would, like you said,
be a regional thing. And we need to do -- we don't have from the general
funds, the funds to do infrastructure for tourism. If we don't do this, the
City of Miami will slowly die down in terms of a tourist attraction. So, I
would ask you to see the area around Coco Walk. Just walk a hundred
feet from Coco Walk. What do we see? We have the most beautiful
scenery, but we don't have a boardwalk for the tourists that get off the
90 MARCH 23, 2000
buses, we don't have tables so they can sit and sip some drinks. The
sidewalks over there, you know, are really dangerous. People sit in rocks
to eat their lunches over there, when they get off the tourist bus. It is sad
that this part of the City, Coconut Grove, Bayside, Little Havana, Little
Haiti, that we can promote -- it would be something that we can promote
in a regional way.
Commissioner Winton: I don't...
Commissioner Teele: Model Cities.
Commissioner Regalado: Yeah, it is.
Commissioner Winton: I don't think I disagree at all with the need for
better tourism infrastructure in the City of Miami. I think you're one
hundred percent right. And I don't quarrel with that part of this argument
at all. It's a weakness that we have that, some way or another, we ought
to correct. But I really feel strongly that the mechanism here for
correcting that weakness is going to be much worse for the City of Miami,
long term, than it is going to be positive for the City of Miami long term.
I really see this move as a first step in a true unraveling of the County-
wide support for the Visitors and Convention Bureau, and if the City of
Miami can do it, then Coral Gables can do it, then Hialeah can do it, and
west Dade can do it. You know, all these other areas can do these kinds
of things, and we can unravel the thinnest of marketing budgets that
literally exist in the United States for a tourist destination. We can
unravel that whole thing and be in much. worse condition. And I will go
back to the point, Commissioner Regalado, that I •started with, and that is,
by any measure of success -- and, yeah, the hoteliers are never -- they
always want more. But the fact of the matter is, they have outstanding
room rates, they have outstanding occupancy rates, in spite of the
Brazilian crisis by the way, and we have an unprecedented number of
hotel rooms being built in the' City of Miami. So, I think that the -- that
there is this -- always this risk of unintended consequences here, I think,
is very great. And that's why I'm so nervous about it. So, I guess I've
said enough.
Vice Chairman Gort: Let me -- yes, Sanchez.
Commissioner Sanchez: Johnny, I've sat here a year an going on eight
months and we've had several people that have come here, including
Coconut Grove, which have argued that they are not getting -- well, the
argument here is that they are not getting their fair share. Now, the
argument you've made, you're absolutely right. People are still investing
in the City of Miami. If you look at FY `98, three hundred and seventy-
eight million dollars ($378,000,000) in new projects. generated to the City.
91 MARCH 23, 2000
0 . 0
FY `99, seven hundred million. I'm sure by year 2000 we're going to pass
the billon mark. However, the concerns that have been brought here is
that, yes, the City of Miami, in some way, are not well represented. There
was a magazine, the last argument that was presented here in front of this
Commission, the magazine was about an inch thick and only one page
pertain today the City of Miami. So, that is something we have to study.
When it comes to the legislation issue, that's something that I don't see it
this year happening because we're halfway through, but it's something
that, through a motion, we could direct the City Manager to make it a
priority for next year's legislation, .to try to pass that. So, I tend to have
to agree with Commissioner Regalado and commend him on it because
there is just a -- there is a funding source there that could be implemented
to represent us and get a more bang for our buck when it comes to tourists
to the City of Miami.
Commissioner Teele: Mr. Chairman, I certainly want to be in support of
what Commissioner Sanchez has just said and what Commissioner
Regalado has said, but I want to focus a minute on what Commissioner
Winton is -- the concern or the caution that he's raising. We do have not
enough dollars to compete. What we don't want to do is turn this into a
Bosnia fracture, just a breakdown of small pockets with nobody having
enough money to penetrate, and you probably are more right than wrong
on the big picture issue. The concern that I have really goes beyond the
tourism tax. I happen to believe -- and I know Commissioner Regalado
will not appreciate .this or not agree with me -- but I really believe that
what we've got to do is, we've got to bring in, for the one hundred and
thousand time, the Greater Miami Visitors Bureau. We've got to bring
them here as a partner. We've got to point all this out to them and we've
got to try to get them to agree to some kind of set a side, if you will --
that's not maybe a good term, but to an earmarking of funds based upon
the increment. Sand let me tell you why Commissioner Regalado's right,
why waiting a year doesn't work. Once these facilities are open, there is
no longer an increment to talk about. These are facilities that are owned,
under construction. We can document right now that, with these facilities
-- in -- this revenue stream alone, there is over a half a million dollars
($500,000) of new found money, and some portion of that money should
be earmarked to Miami, and whether it's done legislatively or whether it's
done by the board or whether it's done by the threat of legislation, I mean,
that's sort of. where I am on this thing. I mean, I have some concerns, A,
that you could pass it., First of all, who's going to be the lobbyist that
does it, Mr. Manager? I mean, you know, who's going to be the lobbyist
that goes to Tallahassee and passes this? Who is our lobbyist?
Commissioner Regalado: He works for the County.
Commissioner Teele: He works for the County. And the County will
92 MARCH 23, 2000
fight this like the devil will fight holy water. So, you can believe that
this thing will have no chance of being passed with the legislative
delegation -- with the legislative apparatus that we have in place. This is
one of the things I've always said to the management on things like
financial advisors. It's good to get the best. It's great to get the best, but
you also need to make sure you're going to have somebody that's going to
fight your battle, because most of our issues are going to be either with
other municipalities or with the County or with the state of...
Mr. Warshaw: (Inaudible).
Commissioner Teele: So -- why you have to do that. But I think that the
issue is timely., I think we've got to raise it. And I would appeal to
Commissioner Regalado to at least agree to let us invite the Visitors
Bureau here for the Commission meeting, and let's have some charts, let
have some graphs, let's show it -- and let's don't just have the staff. Let's
get the Chairman of the board. Let's ask the Chairman of the board and
the Chairman elect, the policy makers, who are also -- who Mr. -- what's
the guy's name?
Vice Chairman Gort: Henriquez. He's the chairman of the board.
Mr. Warshaw: Adolfo Henriquez.
Vice Chairman Gort: Adolfo Enrique.
Commissioner Teele: Well, Iet's get Adolfo Henriquez and Richard Bain
(phonetic) and let's ask them to come here, and let's do it at a time certain
where they can come in, and let's have a intelligent discussion. Because I
think Commissioner Regalado and his committee are right on time. This
is the right time to raise it. We need to do it. But I want to go a step
further -- and I know you don't want to add more to this. I think we could
probably reach consensus on some redirect.ing other convention develop
tax. Look, the Orange Bowl and -- and I know you'd like to say the
Knight Center, but let's leave that alone -- and the Performing Arts
Center. The Performing Arts Center, we all know has got a forty million
dollar ($40,000,000) short fall. And while it's a County facility, it's in
the City. And I'm telling you, the Performing Arts Center, in the long
term, is going to do as much to redevelop the Omni as any ten things
we're going to do. And, so, if the County Commission is truly concerned
about building the Performing Art Center -- and I know they are -- and if
Commissioner Winton, who represents the district, I mean, I would be in
favor of saying, let's commit the increment and do the legislations to
commit the increment to the Performing Art Center. Because what that is
going to do, that's going to create greater activity in the City. What
frightens me is, Hialeah is going to propose -- and I use Hialeah
93 MARCH 23, 2000
theoretically -- but they are going to come in and say, we've got a racecar
track out here that is a great track and it needs eight million dollars
($8,000,000) of improvement, and that money is going to come from this
tax. Or Sweet Water is going to say we need -- or Opa-Locka is going to.
say -- and they've got some real needs out there. And what I'm saying is
that, at some point, we do have to think a little bit parochial about our
infrastructure in our City, between the Knight Center, between the Orange
Bowl and the Performing Arts Center, these are things that are here, not
talking about something new. We need to try to get an agreement with the
County to director redirect a percentage of this increment into those
things. And I think that's what I would also like for you all to look at,
Commissioner Regalado.
Commissioner Regalado: We have Commissioner. But, you know, you're
right when you said if we wait, there will be no increment. It would be
part of the budget. So, you know, it's a catch-22 situation. I would really
like to see the people from the Visitors Bureau again. I don't know what
we could accomplish, but I still say, I still say that the City of Miami is
not being promoted. I say that the City of Miami, it's lucky because, even
though does not get promotion, people visit the City of Miami. But I
don't know -- I keep hearing from the people in the Grove, from the
people in Bayside, from the people in Little Havana, from the people in
different places, that tourism is down, that visitors are down. I mean, the
state of Florida had a three percent fall during the month of January and
February of visitors, but -- so, I would -- whatever this Commission wants
to do, but I think that we need to revise this position. I would withdraw
this resolution, if that is the case, and I would request that they would
come back. But I will tell you. There is a need, a need to get a bigger
and a better share of the money and of the promotion of the City of
Miami.
Vice Chairman Gort: I don't think you should withdraw the resolution, but
I do think we do need to hear from them, and I think this is a message that
is sent to them -- very important. Right now I serve as the liaison with
the City, and I'm a member of the board. I'm willing to exchange -- sand
you can become the representative to sit at the board of directors for the
Convention and Visitors Bureau. But I'm also going to request -- and this
is something that Winton stated -- the only people I've heard complaints
from is the Coconut Grove. And you said the fair share should be
represented. When you come back with the numbers, the contribution
from the Grove compared to the contribution from the downtown hotels
and rest of the hotel within the City of Miami, they've been meeting with
the Convention and Visitors Bureau. We need to understand -- and what
I'm worried about is what Teele has mentioned before, the other sources
that we have not mentioned, were not tapped, that we can tap. Those are
the ones I would like -- also like to look at. But it's very important to
94 MARCH 23, 2000
t
understand what's the mission, and that's why I like for you to become
board member of the Convention and Visitors Bureau.
Commissioner Regalado: Oh, gladly, gladly.
Vice Chairman Gort: So, from now on, you'll be the City's representative
as a board member.
Commissioner Teele: Mr. Chairman, I move that Commissioner Regalado
be designated as the City of Miami representative to the Miami Visitors
Bureau.
Commissioner Sanchez: Second.
Vice Chairman Gort: Convention and Visitors Bureau. It's been moved
and second. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-274
A RESOLUTION OF THE MIAMI CITY
COMMISSION APPOINTING COMMISSIONER
TOMAS REGALADO AS A MEMBER OF THE
GREATER MIAMI CONVENTION AND VISITORS
BUREAU FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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 MARCH 23, 2000
0. 9
Vice Chairman Gort: OK.
Commissioner Regalado: You think that they'll tell me when the meetings
are?
Vice Chairman Gort: You'll get the minutes. You'll get the minutes and
you'll...
Commissioner Teele: You've got to go to the meetings.
Commissioner Regalado: Oh, I'll go. What time?
Commissioner Teele: Meet at noon everyday, every week.
Commissioner Regalado: Ha, going to change.
Vice Chairman Gort: It's 8 o'clock in the morning, so you'll be able to go.
Commissioner Regalado: I've got a radio show anyway.
Vice Chairman Gort: Can I speak? I mean, now that everybody...
Commissioner Regalado: So, Mr. Chairman...
Vice Chairman Gort: I haven't had a chance to speak. You know...
Commissioner Regalado: Mr. Chairman?
Commissioner Sanchez: Mr. Chairman, you have the floor.
Commissioner Regalado: Mr. Chairman, I have to leave. So, can we vote
on this?
Vice Chairman Gort: Can I make a statement?
Commissioner Regalado: Sure.
Vice Chairman Gort: Thank you. Appreciate it. Look, we have worked
quite a bit with the hotels in downtown areas, and the mission sometimes
a little different, so when we're talking about -- and the mission is try to
bring convention into the area an use our hotel facilities. So, I think it's
important that you go there and attend it, and I also think it's important
for them to come here and give us a report how the expenditure is. At the
same time, I think this should be passed now, so we can send a message.
We want more attention, and I agree with you. So, there is a motion. Is
there any further discussion? It's a resolution. All in favor state by
96 MARCH 23, 2000
saying "aye."
Commissioner Winton: No.
Vice Chairman Gort: OK. One no.
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 00-275
A RESOLUTION OF THE MIAMI CITY
COMMISSION URGING THE LEGISLATURE OF THE
STATE OF FLORIDA TO ENACT AN AMENDMENT
TO STATE STATUTE 125.9194 AND STATE
STATUTE 212.0306 F.S. (1999), WHICH, IF
ADOPTED, WILL AUTHORIZE CITIES IN MIAMI-
DADE COUNTY TO COLLECT THE HOTEL AND
RESTAURANT TAX IMPOSED BY MIAMI-DADE
COUNTY PURSUANT TO STATUTE FROM CERTAIN
NEW HOTELS AND RESTAURANTS; EXPRESSING
THE MIAMI CITY COMMISSION'S RESOLUTE
INTENT TO UTILIZE THE REVENUES TO PROMOTE.
THE CITY OF MIAMI; FURTHER DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THIS HEREIN DESIGNATED
OFFICIALS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Johnny L. Winton
ABSENT: None.
Note For The Record: The Community Redevelopment Agency (CRA)
Meeting was postponed.
97 MARCH 23, 2000
Commissioner Regalado: OK. Mr. Chairman, what time are we coming
back, at two, for the CRA (Community Redevelopment Agency)?
Vice Chairman Gort: Two o'clock.
Commissioner Teele: Mr. Chairman, the CRA Board meeting will be
postponed. There are some legal documents that are not -- we've not
received from the represented party.
Vice Chairman Gort: Then let's come back at 3:00 because all we have is
PZ left, and we've taken care of all the say agenda, if it's OK with you?
Tyler, can we come back at three?
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman?
Commissioner Sanchez: Mr. Vice Chair, if I may?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Three o'clock.
Commissioner Sanchez: If I may? I have an appointment to the Urban
Development Review Board.
Vice Chairman Gort: Go right ahead, sir.
Commissioner Sanchez: My appointment the Richard Arango. I believe
he has applied as a reappointment. So moved.
Commissioner Teele: Second the motion.
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved. It's a second. Any further
discussion? All in favor state by saying "aye."
The Commission (Collectively): "Aye."
98 MARCH 23, 2000
•
•
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 00-276
A RESOLUTION OF THE MIAMI CITY
COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS REGULAR MEMBERS OF THE
URBAN DEVELOPMENT REVIEW BOARD FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Commissioner Sanchez: Also, a Commission item pertaining to the Miami
River dredging. The resolution in front of you relate to the dredging of
Miami River. It pertains -- the Commission consists -- I would like to
have the Commission consider it at the next meeting on the 13th. And this
motion is to direct the City Manager to identify funds to assure that the
City of Miami contribute its fair share for participation in this project.
Commissioner Teele: Second the motion.
Vice Chairman Gort: Moved and second. Further discussion?
Commissioner Teele: With the -- only -- would you say the Manager
identify the funding or a vehicle for funding?
99 MARCH 23, 2000
Commissioner Sanchez: Well, the funding, I think, -- let's talk about the
funding. We need to come up with, I believe it's six hundred thousand
dollars ($600,000), and we have three hundred thousand . dollars
($300;000) in a grant from the intake navigation...
Mr. Donald Warshaw (City Manager): So, that's four million over a five-
year period.
Commissioner Teele: But would you allow the word funding to include a
vehicle for funding as well?
Mr. Warshaw: Yes.
Commissioner Sanchez: Yes.
Commissioner Teele: OK.
Vice Chairman Gort: With the amendment, all in favor state by saying
aye.11
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 00-277
A MOTION RELATING TO THE DREDGING OF THE
MIAMI RIVER, A FIVE - YEAR FEDERAL PROJECT
TO BE UNDER TAKEN BY THE U.S. ARMY CORP
OF ENGINEERS; FURTHER DIRECTING THE CITY
MANAGER TO CONSIDER WHAT SHOULD BE THE
FAIR SHARE OF THE CITY'S CONTRIBUTION AND
IDENTIFY A VEHICLE FOR FUNDING THE CITY'S
CONTRIBUTION IN CONNECTION WITH SAID
PROJECT FOR ITS PROPORTIONATE FAIR SHARE
OF THE PROJECT AT THE NEXT CITY
COMMISSION MEETING.
100 MARCH 23, 2000
•
n
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Can we take them up after lunch? Commissioner
Regalado is gone.
Vice Chairman Gort: OK.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, can I just do two
quick pieces of business? The notice...
Commissioner Teele: The ones that Regalado didn't want you to act on?
Mr. Vilarello: On item 2, the notice of the public hearing and the
advertisement, I'd like to introduce that into the record. Commissioner
Teele had requested on item 2.. And also on your April 20 special meeting
that you called, that has been called on the first night of Passover and you
night want to consider that.
Commissioner Teele: Oh, no, we can't do that
Mr. Vilarello: April 20 -- you have an April 20 special meeting on...
Vice Chairman Gort: I wasn't aware of that.
Mr. Vilarello: CDBG (Community Development Block Grant) funds.
Vice Chairman Gort: Oh, OK.
Mr. Vilarello: And you might want to consider, perhaps this afternoon, a
101 MARCH 23, 2000
different day that you'd like to consider.
Vice Chairman Gort: All right. Well, let me ask you a question. The
reason that I have asked special meeting of CDBG when we talk about the
whole year, this discussion of CDBG is only about two or three programs.
So, it's just the whole CDBG -- normally, I'd say for next year, in the
process, let's...
Commissioner Winton: It's about the left over -- it's about the...
Mr. Warshaw: You talked about it taking many, many, many hours.
Commissioner Winton: It could?
Commissioner Teele: Yes, but not any more than four or five hours. It's
going to be the cast of characters -- it's going to be the public who's going
to want to come up and give their input. Four or five hours.
Mr. Vilarello: If you want to start in the morning -- you have it scheduled
to start at 1:00.
Commissioner Teele: But we don't want to do something on Passover.
When is Easter? The 23rd
Vice Chairman Gort: Easter, I think, this year is late. I believe -- the
23`d. Easter is the 23`d, Easter Sunday.
Commissioner Teele: What about the Tuesday, the 24`", in the afternoon?
I mean 25`" in the afternoon?
Mr. Vilarello: That week is fine.
Vice Chairman Gort: Now, question? Does CDBG that we're going to deal
with -- this meeting that we have, is this the whole structure of CDBGs or
just items left over?
Ms. Gwendolyn Warren (Director, Community Development): This is the
reallocation of prior year reprogramming monies, and a planning
schedule.
Commissioner Teele: Reprogramming of dollars.
Ms. Warren: Reprogramming moneys, and a planning schedule, and some
policy issues. It's a significant meeting.
Vice Chairman Gort: OK. Then we need -- yeah. Okey doke.
102 MARCH 23, 2000
Commissioner Teele: Can we set that when we come back, but
tentatively, can we look at the afternoon of Tuesday the 25th? They need
it because of notices.
Vice Chairman Gort: OK. We'll see you all later then. See you at 3:00.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 11:49 A.M.
AND RECONVENED AT 3:07 P.M., WITH ALL MEMBERS OF THE CITY
COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONER TEELE.
Vice Chairman Gort: Ready for the afternoon. What items do we have
left? We have department presentation.
Commissioner Sanchez: We have pocket items.
Vice Chairman Gort: We have department presentations first. Pocket
items are the last thing on -- yes, ma'am.
Ms. Teresita Fernandez: Good afternoon, Mr. Chairman, members of the
City Commission. The Office Of Hearing Boards. Our Mission Statement
-- I don't know if you see it well. Thank you. The office of hearing
boards will remains a hub bridging multiple City departments, not only to
each other, but also into the constituency in general. As always, the
Office Of Hearing Boards will continue to strive forward and achieve
excellence in public service through City boards and committees. At this
point, I would like to proudly present my staff. Maria Faria, Lazaro Orta
-- they do everything. I am not going to put titles next to their names
because they work so hard. They are really the heroes behind the scene.
Venessa Castillo, Elena Gonzalez, Mr. Anel Rodriguez, who's already
standing up, Ms. Nancy Dorta, and Ms. Isabel Reyes.
Vice Chairman Gort: You've grown quite a bit. I remember, when I was
on that board, there was only two of them.
Ms. Fernandez: Yes. Yes, I have grown quite a...
Vice Chairman Gort: Thank you. Go ahead.
Ms. Fernandez: What I'm going to do is I'm going to briefly put a
transparency on each board, its purpose, and what we do for each board.
The first board is the Zoning Board, The Zoning Board, what they do is
they hear applicants for rezoning of specific properties, so they act as
103 MARCH 23, 2000
recommending bodies. At the same time, they are a quasijudicial
instrument that grants variances and special exceptions. We process
applications for variances, special exceptions, street closures, changes of
zoning and appeals, and we meet 22 times per year. The Office of
Hearing Boards prepares 110' advertisements, one hundred postings and
10,800 notices. Then we have the Planning Advisory Board. The purpose
of the Planning Advisory Board is to make recommendation to the City
Commission regarding the zoning ordinance of the Miami Comprehensive
Neighborhood Plan, and the City Code. We accept and process
applications for amendments to the Miami Comprehensive Neighborhood
Plan, Major Use Special Permits, amendments to the zoning atlas and
zoning text and amendments to the City Code. Even though the Planning
Department still does the agenda for the Planning Advisory Board, we
process the .-- we administer the meetings. We do approximately one
hundred advertisements per year. We do 54 postings. We process 54
postings. And we send about 540 notices per year. Our Planning
Advisory Board and Zoning Board, they merged and those cases are seen
by you every month at the Planning and Zoning portion of the agenda. I
have to apologize because the transparencies are not that good, but you
have it in front of you. Well, we have published approximately one
hundred advertisements, 80 postings, and 4,800 notices for the City
Commission. Then comes the Code Enforcement Board, which -- the
purpose of the Code Enforcement Board is to issue orders, having the
force of law commanding whatever steps are necessary to bring a code
violation into compliance. The Office Of Hearing Boards typically
processes code violations to the zoning ordinance, the Miami City Code,
the South Florida Building Code, and the Fire Prevention Code. The
typical items that we have are issues that we have for working without a
permit, illegal units, no valid occupational licenses, et cetera. And which
have also the Fire Prevention Code violations. We have, on average, we
have had 22 meetings; we have prepared 44 agendas; we have handled
approximately 3,150 cases, and we have done about 620- enforcement
orders, which, upon the recordation in the public records of Miami -Dade
County, they become liens. And we have released this year approximately
360 liens. Let me call to your attention that, in 1996, we have an
outstanding lien amount of hundred and ninety-six million ($196,000,000)
which we have lowered to fifty-two million ($52;000,000). It doesn't
mean that we have collected one hundred and fifty million
($150,000,000). It means that we have worked with the City Attorney's
Office and the NET (Neighborhood Enhancement Team) in order to
achieve compliance. That's what we are striving for. Then we have the
Ticketing Appellate Board. This is not a board. This is only headed by a
hearing officer. These are cases where they -- the purpose of this board is
to provide alleged violators an opportunity to contest the determination of
the code enforcement inspector. The violation of the City's Code existed,
leading to the issuance of a civil infraction -and imposition of a fine. We
104 MARCH 23, 2000
have done approximately -- we have handled approximately 165 cases for
ticketing. We have done about 90 liens, and we have released about 70 of
those. We have thousands of liens coming from the ticketing, but none of
them...
Vice Chairman Gort: Let me ask you a question.
Ms. Fernandez: Yes, sure.
Vice Chairman Gort: The sudden to release of liens, is that because of the
forgiveness or because payments were made?
Ms. Fernandez: Payments were made.
Vice Chairman Gort: OK.
Ms. Fernandez: Then we have the Nuisance Abatement Board and the
purpose of the Nuisance Abatement Board is to determine existence of
public nuisances, which usually are drug possession, prostitution, noise,
and gang activity. We have had approximately 11 meetings this year.
About 11. We only meet once a month and, for instance, this month we
are not meeting because, we don't have enough cases. Then we have .the
Culture And Fine Arts Board, which it was recently...
Vice Chairman Gort: Wait a minute. Commissioner Winton wants to
ask...
Commissioner Winton: Before you go on, could I ask you a question
about -- on .the Nuisance Abatement Board. And it says "all (inaudible)
appeals typically -- process a case for drug .possession and (inaudible) of
prostitution, noise, gang activity." Now, if there are known homes in
residential neighborhoods that have active drug activity going in and out
of those homes, does that mean that those homes can be targeted for --
what's the right term here? I guess attack isn't the right word, but can
they be brought before the Nuisance Abatement Board?
Ms. Fernandez: Exactly. They have to have seven instances, I believe.
Commissioner Winton: Seven instances.
Ms. Fernandez: Seven instances, and those instances are given by the
NET and the Police Department.
Commissioner Winton: Well, I think you're going to have some more
cases coming.
105 MARCH 23, 2000
Ms. Fernandez: I hope so.
Commissioner Winton: Thank you.
Ms. Fernandez: Then the Culture and Fine Arts Board, which was
recently created, we have met only once. We have -- it's a board that has
a lot of potential. Then we have the Impact Fee Board. Usually, the
Impact Fee Board meets once a year, and it's responsible for hearing the
initial appeal by applicants for building permits agrieved by decisions of
the Building Department. And then we have the Jurisdictional Boundaries
Committee, which is formed by 17 members, but we only have two co-
chairmen, which are present here. Mr. Gort and Mr. Regalado, and two
appointments, so I'm waiting for more appointments to start this
committee.
Vice Chairman Gort: Thank you. Are there any questions?
Ms. Fernandez: Thank you. At this point, I would like to introduce
Osvaldo Moran, who is a member of the Zoning Board, and Mr. Chip
Black, the Chairman of the Planning Advisory Board, and Major
Longueira, the Chairman of the Impact Fee Board, and Jim Keane was
going to be here for the Code Enforcement Board, but I don't know if he's
-- probably, he didn't make it. Thank you.
Vice Chairman Gort: All right. Thank you. Is that it? Thank you.
Vice Chairman Gort: What other items were left, besides pocket items?
Mr. Donald Warshaw (City Manager): There are some items on the blue
sheets.
Vice Chairman Gort: I think we took care of them, except Commissioner
Winton.
Mr. Warshaw: Commissioner Teele has two. I don't know if
Commissioner Regalado was finished with his.
Commissioner Regalado: No. I have one.
Vice Chairman Gort: OK. Commissioner . Regalado, finish. Since you
106 MARCH 23, 2000
began, go ahead and finish it.
Commissioner Regalado: Thank you, Mr. Chairman. Several
municipalities have approved, in the past three days, the resolution asking
-- I can't find it right now -- but asking -- resolution of the Miami City
Commission urging the United States Department of Immigration and
Naturalization Service, the Attorney General of the United States, Janet
Reno, and any other federal officials to facilitate the efforts of the family
of Elian Gonzalez, to go before an appeals court; directing the City Clerk
to transmit a copy of this resolution to the officials designated herein.
The reason for this is that the group of attorneys that are helping the
family are organizing their appeal, and, as you all know, Janet Reno,
although has not said when, the child will be -- if -- will be taken to
Cuba. So, what the communities is asking, through the different
governments and elected officials is that they will go ahead and do the
appeals process, and this is an appeal to Janet Reno to do so. And that's a
resolution that I'm moving here before the City Commission.
Vice Chairman Gort: OK. There is a motion. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and second. Discussion?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Again, I know that Commissioner Winton can speak
for himself, so I'm going to say that I recognize that this resolution really
is a type of resolution that the city probably should not be involved in, in
that we don't have jurisdiction. But I think there is a very strong sense in
this community, particularly in the aftermath of the decision, and I think
we have an obligation to do all we can to keep the community calm.
Every time we mobilize, it costs the taxpayers, and I'm supporting this in
the spirit of recognizing the very strong feeling of a. constituency, while I
personally view that this resolution may be inappropriate before this
Commission. I just think that it's important that we try to send a strong
message, that we're respecting our diversity and our uniqueness and our
different perspectives. And I respect anyone who doesn't vote for it, but I
really do think that it would be helpful if the Commission could
unanimously adopt it.
Vice Chairman Gort: Commissioner Teele, to add to that. I think it's
very important for people to realize this is an international city. This city
is one of the most diversified city in the United States, and although we
107 MARCH 23, 2000
0
do not dictate foreign policies, every time foreign policies are made by
Washington, we get affected, and we've been affected since 1959. And
the citizens of the City of Miami have been paying for the decisions made
in foreign policies. So, I think it's within our right not to dictate how to
do foreign policy, but at least try to recommend some of the foreign
policies so we're not affected -- it would not cost the citizens of the City
of Miami. So, personally, I would approve and I will move in favor of
this one, too. Any further discussion? Being none, all in favor state by
saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 00-278
A RESOLUTION OF THE MIAMI CITY
COMMISSION STRONGLY URGING THE UNITED
STATES DEPARTMENT OF IMMIGRATION AND
NATURALIZATION SERVICE, THE ATTORNEY
GENERAL OF THE UNITED STATES, JANET RENO,
AND ANY OTHER FEDERAL OFFICIALS TO
FACILITATE THE EFFORTS ON APPEAL OF THE
FAMILY OF ELIAN GONZALEZ TO SEEK ASYLUM
FOR HIM TO REMAIN IN THE UNITED STATES;
FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE
OFFICIALS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L: Winton
NAYS: None.
ABSENT: None.
108 MARCH 23, 2000
11
Vice Chairman Gort: Thank you.
11
Vice Chairman Gort: Anything else? Commissioner. Teele.
Commissioner Teele: Thank you, Mr. Chairman. Mr. Chairman, I think
we have three items here. One -- is the NET (Neighborhood Enhancement
Team) officer here -- the NET -- city NET? The first item involves the
City of Miami requesting that the City Manager work to provide
assistance for the program sponsored by Recapturing the Vision, that will
be held on June 10th at the Miami Arena. And I would specifically ask,
Mr. Manager, if you could inquire of MSEA (Miami Sports and Exhibition
Authority) if they have funds that may be available to assist them. I know
that all of the Commissioners had an allocation of funds a year ago.. I did
not use any of the funds. I think it was ten thousand dollars ($10,000). I
don't know how that happened or where that happened.
Mr. Donald Warshaw (City Manager): We'll look into it.
Commissioner Teele: But I would really appreciate Ms. Fatima -- yeah,
would you come forward and just explain very briefly, very, very briefly,
what Recapturing the Vision is and why the City should be involved in
trying to help you? And this is not spending money but asking the
Manager to see if we can help to facilitate the effort. Your name and
address for the record, please.
Ms. Fatima Hall: Fatima Hall. The program is Recapturing the Vision.
The company is Empowering the Vision, located at 9000 Southwest 152ND
Street.
Commissioner Teele: And the purpose is?
Ms. Hall: What we're doing -- well, I'd like to first let you know what
Recapturing the Vision is. I am standing in the stead of my director,
Jacqueline del Rosario. Recapturing the Vision is a youth empowerment
program that services at -risk middle and high school teens in the Miami -
Dade County area. Since its. inception in 1994, our TV has grown to
service over 2,500 youth in our school system. We are partnered with the
Miami -Dade County Public Schools, where the program is offered as an
elective. OK. We currently service 500 youths in fifteen different
schools.
Commissioner Teele: All right. And the main thing that we would hope.
109 MARCH 23, 2000
0
is that you would seek to determine if it's appropriate to have a
partnership with our police department and with our Parks Department, in
any way, and I know Chief O'Brien, who's here, has been very open to
that. So, I would just move it and ask the Manager to work with you all
to see if there's a way.
Commissioner Winton: Second.
Vice Chairman Gort: There is a motion. There is a second. Any
discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-279
A RESOLUTION OF THE MIAMI CITY
COMMISSION DIRECTING THE CITY MANAGER
TO IDENTIFY POSSIBLE FUNDING OR
ASSISTANCE FOR THE "RAISE THE STANDARD"
BENEFIT CONCERT, SPONSORED BY
RECAPTURING THE VISION, TO BE HELD ON
SATURDAY, JUNE 10, 2000, AT THE MIAMI
ARENA, MIAMI, FLORIDA.
(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.
110 MARCH 23, 2000
Commissioner Teele: Thank you, Mr. Chairman. And the second one is a
resolution of the City Commission relating to the third annual Taste of
Soul Fest, hosted by the City of Miami/Model Cities/Neighborhood
Enhancement Team Center. And, essentially, because this is a City
function, we're requesting that certain city fees be waived, and they're
enumerated, and that we look to reduce the solid waste costs or hold it
down from the five hundred dollars ($500). I just would like to say that
the NET (Neighborhood Enhancement Team) Team really should be
commended for trying to identify activities that make our community
more positive and friendly. It includes HIV testing, cancer testing, dental
cleaning, mammogram screening, blood pressure, and vision tested. And,
Mr. Manager, I want to compliment the entire management and NET for
coming forth with something in the community that's positive. All we
talk about is Code Enforcement and the things -- which is very important,
and I don't want to undermine or, in any way, diminish that. But I do
think it's important that we serve the taxpayers and the good citizens, who
don't do that, and I strongly encourage you all to continue this program
and I would so move. And, also, one of the issues is the use of the
showmobile from the Parks Department, and this is City working with the
City and, again, it's the kind of thing that we, as the Commission, need to
know about and we need to approve those uses of those resources in .that
manner, and I would so move.
Vice Chairman Gort: There is a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Under discussion.
Commissioner Winton: Commissioner, I don't -- I thought I had a copy of
that resolution and I can't find it. So, let me ask you a question about it.
And I think it's -- and because I don't have it in front of me, I'm not sure I
understood part -- thank you very much. And it relates to the waiver of
fees. Now, on a relatively routine basis of late, we've been waiving the
permit fees for many of the organizations that are having parades or
functions in parks and things like that, and -- is that all this is asking that
we waive?
Commissioner Teele: Well, yes and no. What this does is -- and this is
different. This is a City function, and one of the things that we ask is,
rather than having this stuff done administratively and nobody knows why
111 MARCH 23, 2000
0 . 0
it's being done, that these things have to come before the Commission.
Routinely before the Oversight Board, they would not ever come to the
Commission. The Manager would have done it. But I was among those
who said, "We need to know what we're waiving and we need to take
notice of it so that we know exactly." When the City sponsors an event --
in other words, the Model Cities office cannot go in and spend Parks
Department money, but it cost money to bring out that -- it cost money in
the form of salaries to bring out the showmobile, as a clear example.
We're waiving the fees for that, which means it's going to cost the City
Parks Department probably two hundred dollars ($200) in wages to bring
that out.
Commissioner Winton: But it's a City function?
Commissioner Teele: It's a City function.
Commissioner Winton: I mean, this is a City event. .
Commissioner Teele: It's a City event.
Commissioner Winton: Well, that's -- and that's...
Commissioner Teele: In a City park.
Commissioner Winton: Great. And that's important, because I'm getting
literally inundated with requests from people anymore to waive fees, not
only the permit fee, but...
Commissioner Teele: This is different. This is different.
Commissioner Winton: Right. And, so, I just want to make real --
because my message to all of them is very, very clear: "No, we're not
doing it, and I'm certainly not supporting it." And, so, I just wanted to be
real clear here, from a public record standpoint that we're not waiving --
that this isn't your -- this is a City function, and, so, we're really only
using our City dollars to do a City function. It isn't to those -- there is an
outside organization that we're waiving the fees for, so, that's a very, very
different issue.
Commissioner Teele: Exactly. It's a very real distinction, but, at the
same time, I appreciate the management not doing this administratively.
Technically, I believe that the Manager could do it, because it's probably
below four thousand five hundred dollars ($4,500) when you do it. But,
again, it .sort of in -runs the whole process that the Commission should
really be involved in that -- in this financial emergency. Now, once we
move past the financial emergency, I think, you know, we ought to
112 MARCH 23, 2000
probably return this back to the management, but, again, it's been a
touchy issue because, in effect, the model -- the NET Office is spending
money now from the Police Department, the Fire Department, the Parks
Department, Solid Waste, et cetera, and they've negotiated this. So,
everybody knows what's going on. I think one of the issues is, Solid
Waste says that they really do need to charge five hundred dollars ($500)
or something, and that has been going on and that will be looked at again.
Commissioner Winton: So, one City department charging another City
department?
Vice Chairman Gort: No that happens -- that happens all the time.
Commissioner Teele: But every department head is responsible -- one of
the problems with this is, once we impose the anti -deficiency act, every
department head is responsible for their budget, so they are not so quick
to say go ahead.
Commissioner Winton: No problem. Thank you. Thank you for your
answer.
Vice Chairman Gort: Commissioner Winton, you being the new kid on the
block, all the requests will come through your office, I am sure of that.
And one thing you learn -- when I first got in, I requested -- I had
something that needed to be done on one of my doors and when I received
the bill, five hundred and something, I said forget it. From now on, I'll
make sure I get my own people to do it. I'll get volunteers to do it forme.
But the one thing I'd also like to complement the NET because -- like
Commissioner Teele was stating, for the first time, you've got teamwork.
You got the police being proactive, working with the community, working
with the inspectors, working as a team, going to the merchants (inaudible)
tell, look, we're going to site you.-- no. If you have a problem, we're
going to work with you to comply with that problem. So, my
congratulations go to all of you. You're doing a great job. We can see it.
Any further discussion? All in favor state by saying "aye."
The Commission (Collectively): "Aye."
113 MARCH 23, 2000
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-280
A RESOLUTION OF THE MIAMI CITY
COMMISSION RELATED TO THE THIRD ANNUAL
TASTE OF SOUL FEST, HOSTED BY THE CITY OF
MIAMI MODEL CITY NEIGHBORHOOD
ENHANCEMENT TEAM (NET) SERVICE CENTER,
TO BE HELD ON MARCH 25 AND 26, 2000 AT
HADLEY PARK, LOCATED AT NORTHWEST 12
AVENUE AND 50 STREET, MIAMI, FLORIDA;
AUTHORIZING THE WAIVER ALL FEES
PERMISSIBLE BY THE CODE OF THE CITY. OF
MIAMI, FLORIDA, AS AMENDED, INCLUDING,
BUT NOT LIMITED TO, THE USE OF THE
DEPARTMENT OF PARKS AND RECREATIONS
STAGE AND SOUND EQUIPMENT FOR SAID
EVENT, WITH SAID AUTHORIZATION (S)
CONDITIONED UPON THE ORGANIZERS: (1)
PAYING FOR ALL OTHER NECESSARY COSTS OF
CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT; (2) OBTAINING
INSURANCE TO PROTECT THE CITY IN THE
AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE; AN (3) COMPLYING
WITH ALL CONDITIONS AND LIMITATIONS AS
MAY BE PRESCRIBED BY THE CITY MANAGER OR
HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
114 MARCH 23, 2000
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.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: The final thing is, I would move that the Manager
do a survey of all of the water and sewer charges to the City of Miami,
with a view toward providing us with a report. Because those charges that
we're seeing, for example, in Hadley Park, where they are proposing to
charge us sixty thousand dollars ($60,000) for a water main, which we
just paid for -- and, you know, take note of the fact that there is the
largest swimming pool in the City, and so there is no water main shortage
there, but it appears that the water and sewer -- WASA (Water and
Sewage Authority) -- and what they are doing is they are getting these
Safe Neighborhood Bond dollars, I mean, all over the place and, so, I
would ask -- move that the Manager conduct a -- or confirm an audit the
charges from WASA as it relates to the City facilities, and to give us a
report at the opportune time. I would so move.
Vice Chairman Gort: Motion. Second?
Commissioner Winton: Second.
Vice Chairman Gort: There is a second
favor state by saying "aye."
The Commission (Collectively): "Aye."
Discussion? Being none, all in
115 1MARCH 23, 2000
•
•
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-281
A MOTION DIRECTING THE CITY MANAGER TO
PROVIDE FOR SURVEY OF ALL CHARGES
ASSESSED TO CITY OF MIAMI FACILITIES BY
THE WATER AND SEWER AUTHORITY; FURTHER
DIRECTING THE MANAGER TO PROVIDE THE
COMMISSION WITH A REPORT AND COME BACK
TO ADDRESS THE APPROPRIATENESS OF SAID
CHARGES.
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Thank you, Mr. Chairman.
Vice Chairman Gort: Thank you. Commissioner Sanchez, you got any
pocket items? Commissioner Winton?
Commissioner Winton: I have a couple of items.
Commissioner Sanchez: Oh, I did.
Vice Chairman Gort: We'll come back. Go ahead, Commissioner.
Commissioner Sanchez: Pocket item, resolution of the City of Miami
authorizing the City Manager to execute a revocable license agreement in
116 MARCH 23, 2000
rr
L -.A
substantially the attached form with the SFLFL, Inc., which is the Spring
League Football League, for the use of the portion of the space at the
Orange Bowl Stadium, Miami, Florida, on a month to month basis, for
office purpose, at terms and conditions more specifically set forth in said
agreement.
Commissioner Teele: Second the motion.
Vice Chairman Gort: OK. It's been moved. Second. Discussion? Being
none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 00-282
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 SFLFL, INC. FOR THE
USE OF A PORTION OF SPACE AT THE ORANGE
BOWL STADIUM, MIAMI, FLORIDA, ON A MONTH
TO MONTH BASIS FOR OFFICE PURPOSES, AT
TERMS AND CONDITIONS MORE PARTICULARLY
SET FORTH IN SAID AGREEMENT.
(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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
117 MARCH 23, 2000
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: I have a couple of things. This started with
Commissioner Teele's...
Commissioner Teele: Hey, don't blame me.
Commissioner Winton: This is good. This started with Commissioner
Teele's support and, frankly, had he not stepped to the plate, we
absolutely couldn't be in the position we're in today, but if you all
remember, I guess about six weeks or so ago, when we were trying to
block the reconstruction of the 2 Avenue bridge in favor of looking at a
tunnel, Commissioner Teele's skills with the MPO (Metropolitan Planning
Organization) led to something much greater, and what it led to is a
commitment on the part of FDOT (Florida Department of Transportation)
and the County to step to the plate and help fund a major comprehensive
transportation master plan for the greater downtown area. Commissioner
Bruno Barreiro, from the County, and myself, were appointed co -
chairpersons of the standing committee that would be responsible for the
development of the comprehensive master plan. That committee has now
been in place for about a month and we've been meeting literally, weekly,
and we have staff from FDOT, from the MPO, County Public Works,
County Planning, City Planning Department. I mean, it's a real -- with
consultants at the table, as well, and it's been a real major team effort.
And I've been, frankly, wonderfully surprised that the commitment 'on the
part of the staff from top to bottom, to move forward with this project,
and in that regard, I have a resolution in front of us, and there is a -- what
has happened is that we've identified the fact that the costs to do this
master transportation plan is going to be in the neighborhood of six to
seven hundred thousand dollars ($700,000). There is a commitment at the
table, essentially, that the State is going to pay roughly a third, the
County is going to pay roughly a third, and the City is going to pay
roughly a third, and that's what this resolution is about.
Commissioner Teele: I second the motion. And I would say this, that the
118 MARCH 23, 2000
-- this is a study essentially of downtown, so, Commissioner Winton, you
should be commended because, you know, we've got the County and the
City paying two thirds of this. But the County -- the County and the State
paying two-thirds. The County and is the State actually have a large
burden in solving the problem. What has happened with the excess ramp
that comes by the Hyatt and dumps right there into downtown is a major
problem, and this is.the easiest part of this. The solution could very well
approach a billion dollars ($1,000,000,000), if you include the tunnel and
redesign. So, we need to be very clear that this is not a two hundred
million -- a two hundred thousand dollars ($200,000) study. That's what
it is right now. But the solution is going to be a major number, and if we
don't do it, it's just going to be that much higher as we continue to do
nothing. Someone quoted the figure that the -- an Willy, you may know
that the figure for the Fort Lauderdale tunnel was some staggering amount
like sixty million dollars ($60,000,000), and now, you know, we can't
even think about a tunnel for less than a hundred and fifty to two hundred
million. So, just shows how these prices continue to escalate. But we --
as we begin to look at the zoning and the projects over on Brickell, and
the ones that we have approved already, we are planning an absolute
disaster between Brickell and downtown if we don't figure out a way to
get a handle on this. And I just think that it's been late -- and thank you
very much for taking the responsibility and the leadership.
Vice Chairman Gort: Let me tell you. One of the biggest problems is that
bridge, 2"d Avenue Bridge, every time it goes up, traffic backs up for
blocks sand blocks. I even had the board of directors of DDA (Downtown
Development Authority) willing to go and sit down on the bridge at 12:00
so they can ---open it. So, I don't know what's going to happen there.
Commissioner Winton: Well, the committee has set an internal deadline
of 18 months to get this comprehensive plan completed, and there is an
absolute commitment on the part of the public sector folks from all of
these different agencies to meet as often as we have to meet to get this
done. So, it's moving quickly. And this resolution, by the way, does not
authorize the expenditure of the money. The last paragraph -- the last line
says, "further directing the City Manager to report his findings to the City
Commission at its meeting of April 20." We're looking for two hundred
thousand dollars ($200,000) and want the Manager to find the money.
Vice Chairman Gort: Okey doke. There is a motion. Is there discussion?
Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
119 MARCH 23, 2000
•
•
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 00-283
A RESOLUTION OF THE MIAMI CITY
COMMISSION DIRECTING THE CITY MANAGER
TO IDENTIFY FUNDS IN AN AMOUNT NOT TO
EXCEED $200,000, WHICH AMOUNT REPRESENTS
THE CITY OF MIAMI'S PARTICIPATORY SHARE,
ALONG WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, MIAMI-
DADE COUNTY, AND THE METROPOLITAN
PLANNING ORGANIZATION, TO COVER THE
EXPENSES REQUIRED FOR THE PREPARATION OF
A COMPREHENSIVE MULTI -MODEL
TRANSPORTATION PLAN FOR THE DOWNTOWN
AREA, AS RECOMMENDED BY THE DOWNTOWN
COMPREHENSIVE TRANSPORTATION MASTER
PLAN TASK FORCE; FURTHER DIRECTING THE
CITY MANAGER TO REPORT HIS FINDINGS TO
THE CITY COMMISSION AT ITS MEETING OF
APRIL 13, 2000.
(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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
120 MARCH 23, 2000
Commissioner Winton: This is a resolution on the Florida Marlins. I have publicly been in
support of bringing the Florida Marlins Baseball Team to some location in downtown
Miami since day one and I've always felt that if public sector funds are used for these kinds
of facilities, from a public policy standpoint, they all ought to be in central business districts
of our cities around the country. And, so, there's an opportunity right now. There are a lot
of problems associated with this but, nonetheless, there's an opportunity. And what the
Marlins are doing is trying to figure out a way to fund the stadium and one of the
mechanisms that they're simply looking at is charging cruise ship passengers up to four
dollars ($4) per day, per cruise ship passenger, to fund this. And the industry hates the idea,
by the way. But just like all the industries hate all of the other fees that we've imposed upon
hoteliers and car rental companies and everybody else for funding all of these facilities
we've got. So -- but that isn't the point. The point and the purpose of this resolution is
simply, in Tallahassee, the Marlins are trying to get this bill passed. There was a signal sent
by the County this week that was relatively negative signals sent to Tallahassee about this
whole funding issue and, so, what I'm trying 'to do is bring a bit of balance to that and send
the signal saying that we want Tallahassee, essentially, to give the public the right to make a
decision as to whether or not we will have that fee. So, the resolution goes like this: "A
resolution of the City of Miami Commission expressing its support of the rights of our
citizens to vote on whether the proposed ballpark in downtown Miami should be funded
with revenue of up to a four dollar ($4) per day fee on multi -day cruise ship passengers
leaving from Port of Miami," and I move that.
Vice Chairman Gort: Is there a second?
Commissioner Teele: Let me do this. I'm going to preserve my right to impose City Code
2-33(e), Mr. Attorney, and second this for the purpose of discussion. Only for the purpose
of discussion. And 2-33(e) simply says that "Any one Commissioner can say, I don't want it
discussed," and it has to be withdrawn. Is that a fair statement, Mr. Attorney?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Commissioner Teele: To be taken up.
Mr. Vilarello: ...five days.
Commissioner Winton: Which is fine. And I understand that, by the way...
Commissioner Teele: But let me just say this. The City of Miami is sort of a bystander with
everything to gain and nothing to lose by the Marlin's Stadium being built in downtown
Miami, whether you agree with venue A, B or C, that's a whole other issue. I want to be
very clear on record that, I think one of the best things that can happen to the City of Miami
121 MARCH 23, 2000
is for the Marlin Baseball Stadium to be built in downtown Miami. I think it, again, submits
the notion that we're the City to be in. It's a Dominican, Cuban, Nicaraguan, as much as it is
an American sport, among other countries. And, so, there are a hundred reasons to be for
this. This resolution, however, has touched off and ignited a whole series of other issues and
debates, quite frankly that really don't concern us. We just voted on something in
Washington, too, that doesn't. concern us.. So, that's not the issue. There are a series of
discussions that are going on now between all of the parties that be and the only thing that I
have been insisting upon in these discussions is that the Orange Bowl be a part of any
solution -- the funding for the Orange Bowl be a part of any solution relating to the
financing of these sports facilities, including the Marlin's Stadium. I believe, honestly and
sincerely, that it would be very detrimental to the City of Miami Commission for us to
weigh in on this, on either side, at this point. I think passing a resolution or defeating a
resolution -- because once you pass a -- once you put a resolution and vote on it, if you pass
it, you're going to upset one group of people. If you defeat it, you're going to upset the other
group of people. And the news story tomorrow will be "either this Commission passed a
resolution in support of it or we defeated a resolution in support of it." And, for that reason,
I would hope that you would withdraw the motion, after all of the Commissioners have had
an opportunity to say what they want or, alternatively, I would invoke the situation.
Commissioner Winton: Other comments?
Commissioner Regalado: I don't have comments, other than to say that I think
Commissioner Teele is right, that, if we -- we're going to have to work with both sides
eventually, and it's very difficult for all of us to work, in the future, if we go to one side or
another side and we have to, if we do vote. I think that, if -- really, there is a serious effort
to talk -- to reach a compromise in terms of the tax, in terms of eventually a site, then, you
know, the City Commission will have the ultimate decision that would be to look for a site
in the City of Miami. So I, too, agree with Commissioner Teele.
Commissioner Winton: And let me respond real quickly. The reason that I brought this up
so quickly is because the legislature isn't in session for that long and you don't want
momentum to go in the wrong way. But your points, Commissioner Teele and
Commissioner Regalado, are outstanding points. I mean, that's -- you're absolutely, one
hundred percent right. The media -- the whole world will decide if we vote one way or the
other, exactly where we are and, frankly -- and it's one of the reasons why I'm, basically,
fundamentally, opposed to bringing up pocket items because there isn't enough opportunity
to talk through this kind of dialogue. But since we can't all talk anyhow, there's certain
times where you have to bring something up so that you can have the kind of dialogue that
kind of flushes this stuff out, so you have a clear understanding of the pros and cons. And it
seems to me that, based on what you're saying and what both of you're saying -- and,
frankly, probably the body language that's sitting here -- I think the more appropriate thing
to do is to withdraw this resolution.
Vice Chairman Gort: OK, sir.
Commissioner Teele: And I --please, to withdraw the second.
122 MARCH 23, 2000
Vice Chairman Gort: Thank you.
Vice Chairman Gort: Any other pocket items? Do I have a motion to
adjourn this meeting?
Commissioner Winton: So moved.
The following motion was introduced by Commissioner Winton, who moved its adoption:
MOTION NO. 00-284
A MOTION ADJOURNING THE REGULAR PORTION
OF TODAY'S AGENDA; FURTHER OPENING THE
PLANNING AND ZONING PORTION OF SAID
AGENDA.
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Adjourn this meeting. Now, we go back to PZ -1.
Commissioner Sanchez: As the late Steve Clark would say, "Everybody
wants to go to...
Commissioner Teele: By the way, Johnny, if you read the bill, it creates
an authority that moves us out of the way as Commissioners, but I don't
think that's bad but -- it should have been done in consultation.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 3:47 P.M. AND
RECONVENED AT 3:49 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT, EXCEPT COMMISSIONERS TEELE AND REGALADO.
123 MARCH 23, 2000
•
•
Vice Chairman Gort: Lourdes, we have request for continuance.
Ms. Lourdes. Slazyk (Assistant Director, Planning & Zoning): Yes, we
would like to request a continuance for item PZ -12. The party that had
the community theater that's in question would like additional time to take
a look at some figures on their bonus so they can maybe better answer
some questions, and we have no objection to the continuance.
Vice Chairman Gort: OK. Is this -- who requested it, Ms. Carpenter? Did
you request a continuance?
Ms. Elena Carpenter: No, I did not request a continuance, but I have no
objection to it.
Vice Chairman Gort: OK. Thank you. Name and address.
Ms. Elena carpenter: Elena carpenter, 2980 Mc Farlane Road, Suite 204,
Coconut Grove, Florida. Thank you, sir.
Vice Chairman Gort: Thank you, ma'am. Appreciate it. OK. Do I have a
motion to continue?
Commissioner Sanchez: So moved.
Ms. Slazyk: Can we have it to a date certain of April 27?
Vice Chairman Gort: Twenty-seventh. It's been moved. Is there a
second? All in favor state by saying "aye."
The Commission (Collectively): "Aye."
124 MARCH 23, 2000
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 00-285
A MOTION TO CONTINUE CONSIDERATION OF
AGENDA ITEM PZ -12 (PROPOSED FIRST READING
ORDINANCE TO AMEND THE ZONING
ORDINANCE IN ORDER TO MODIFY BONUS
PROVISIONS RELATED TO COMMUNITY
THEATERS) TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR APRIL 27, 2000.
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 Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: PZ -1.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -1 is a
major use special permit for the Brickell commons project, located at 750
and 431 through 729 South Miami Avenue. This is in order to allow
mixed-use development with a total of 585,938 square feet of retail use. I
would like to make one correction for the record from your fact sheet.
The plans that were reviewed and approved on file actually have 266,784
square feet in phase one of retail versus the 242,000, that's in your packet.
So, I would like the development order to be corrected to reflect that
number. Phase one is going to consist of retail and a 5,000 -seat movie
theater, and the future phases will include 1700 residential units, and
retail space. The project is planned to have a total of 3,241 parking
spaces, of which 1,036 will be built in phase 1 and 2,205, spaces will be
built in future phases. The department is recommending approval of the
project, with the conditions that are in your package. They are pretty
125 MARCH 23, 2000
much the standard conditions that we have in Major Use Special Permits,
that they give :a certain covenant, agreeing to maintenance and tying the
properties together, and that they let us know where their construction
parking is going to be and that sort of thing. Because the future phases
have not been designed in this project in detail, they are only schematic at
this point, the department would recommend the future phases go through
a substantial modification process so that the Planning Department, the
Planning Advisory Board and this City Commission would get the
opportunity to review the final design schematic of the future phases.
Phase one is designed, however, and you'll -- you see those before you in
your books, and it has gone before the large-scale development committee
and the Urban Development Review Board and has been recommended for
approval. And we concur.
Vice Chairman Gort: Thank you. Before we continue, Mr. Clerk, would
you swear in anyone that's going to testify on any one of those items?
Also, do you have any announcements to make?
Mr. Walter Foeman (City Clerk): No. Other than just need to swear them
in.
Vice Chairman Gort: No? Don't you have a new assistant?
Mr. Foeman: Yes. Josefina is no longer with us. She retired as of.last
Friday.
Vice Chairman Gort: Right. OK. You haven't made any nominations yet?
Mr. Foeman: No, I haven't.
Vice Chairman Gort: OK.
Mr. Foeman: But I would like to meet with the Commission individually
as to what my intentions are.
Vice Chairman Gort: OK. Thank you.
Ms. Slazyk: Before the applicant begins the presentation, there are two --
one statement I just have to put on the record. The modification that I
just described on the square footage in phase one was reviewed by the
zoning division and by the boards that I just referenced, and it is not an
increase in the over all. It's just how much is allocate to phase one.
Also, on conditions 7 and 9 in the development order, those should be
modified just to say that they should be complied with prior to a shell
permit, versus the first building permit, which is typically a foundation
permit. Those two conditions have to do with turning in legal documents
126 MARCH 23, 2000
and covenants, and sometimes they take a little bit longer. So, as long as
they are in by the shell permit, we're OK with that.
Vice Chairman Gort: OK. Anyone that's going to testify in any items in
front of us has to be sworn in. So, please stand up and raise your right
hand.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Joel E. Maxwell (Assistant City Attorney): That's on every item, Mr.
Chairman. Just to make sure the public understands what the Chairman
asked for is anyone who wanted to testify on any item on today's PZ
agenda.
Commissioner Sanchez: Anyone testifying on any PZ item needs to be
sworn in. Mr. City Clerk, swear them again.
Mr. Walter Foeman (City Clerk): I'll do it again.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Commissioner Sanchez: OK.
Ms. Adrienne Pardo: Hello. My name is Adrian Pardo, with law offices at
1221 Brickell Avenue. I'm here today on behalf of Miami Retail Partners,
LLC, which is the owner of the subject property, and it is also an entity of
Millennium Partners, which I'm sure you're familiar with, which is in the
process of developing the Four Seasons Hotel, which is under
construction, along with Terremark, which is a co developer of this
project and very well-known to everyone here. Along with my today is
Mr. Ian Vin Walahem (Phonetic), who is with Terremark; Mr. Willy
Bermello with Bermello and Ajamil, the project architects, as well from
Bermello Ajamil is Mr. Scott Baycoast and Elizabeth Newland. Mr. Daryl
Sharpton with Sharpton and Brunson, our economist and our traffic
engineer, Mr. Jose Rodriguez and Mr. Veronica Bozo, in case you have
any questions. The subject property is zoned SD -7. The property consists
of five parcels and, as Ms. Slazyk had stated earlier, we are requesting
approval of Major Use Special Permit for a_ phased development, and we
have before. you the plans today for phase one, which entails a movie
theater with five thousand seats, 20 theaters, as well as retail, which will
include restaurant. We're very excited about the proposed development.
The future phases will include four residential towers, with a total of
127 MARCH 23, 2000
1700 residential units, and additional retail as well. The total parking for
the project will be 3,241 parking spacing, of which phase one will have a
total of 1,036. This project has been reviewed and approved by the Large
Scale Committee, the Urban Development Review Board, the Zoning
Board, and the Planning Advisory Board, which all three of the boards
had unanimously approved the project. The Planning Department is
recommending approval of the Major Use Special Permit with conditions,
and we accept those conditions. At this time I'd like to turn the floor over
to Mr. Bermello and then, if you have any questions, we'd be happy to
address them.
Mr. Willy Bermello: Thank you, Adrienne. Willy Bermello, with offices
at 2601 South Bayshore Drive, City of Miami. .Commissioners, what you
have before you are a series of exhibits that illustrate the appearance, the
architectural design of the first phase of a multiple phase project. As Ms.
Pardo described, this first project will be the corner stone of a multi-
million dollar development that could easily spend five to seven years of
development that we believe will be an anchor in the development of the
Brickell Village area, west of Brickell and all the way west to Metrorail.
All the way on your left, you see a rendering of the view of the projects
as it would be seen, across from Southwest 8TH Street, looking toward the
Northwest. At the corner there will be a one hundred foot high glass -
enclosed atrium that will serve as a mixing chamber that, at nighttime,
will be illuminated and will serve like a beacon of light that will light up
that area as a gateway. Our idea is to have ground floor retail, street
oriented, all of the entrances out on to the sidewalk. The sidewalk there
will be about 2.0 feet in width. It will be landscaped, brick paved. The
detailing in terms of the exterior lighting and the signage will be very
well appointed. It will be a three-story building. The upper floor will
have a 20 - screen, stadium seating, Sony, with all their ultrasound
features. This will be state of the art in South Florida.
Vice Chairman Gort: Mr. Bermello, let me cut you off a minute.
Mr. Bermello: Yes, sir.
Vice Chairman Gort: Is anyone in opposition to this project, major use?
Is anyone in opposition to this? Being none, let me close the public
hearing and have -- if any of the board members have any questions, any
of the Commissioners, specific -- I think it's a beautiful project and much
needed in that area.
Commissioner Teele: It's in Commissioner Winton's district, right?
Commissioner Sanchez: No. It's in my district.
128 MARCH 23, 2000
Commissioner Winton: I have one comment. And I echo the Chairman's
comments. I think this is a -- this rendering is a fabulous looking project.
The only comment that I have, though, is relative to the parking garage
facing 7TH Street -- now, 7TH Street today isn't a very attractive street, but
as you all know, everything that we're doing in that whole west Brickell
and Brickell area is geared towards encouraging pedestrian traffic.
Seventh Street isn't pedestrian friendly today, but the way -- at least as I
can tell right now. I can't tell from these renderings -- it doesn't look as
though that whole line, the northern line of the parking garage there,
doesn't look pedestrian friendly to me. It looks like just a long wall of a
parking garage. There is no retail and there isn't anything that kind of
breaks that up so you have this long walk, as you know, .is not conducive
to pedestrian friendly environment.` So, I'm just hoping that you can do
something to cure that one part of the problem.
Mr. Bermello: Commissioner Winton, I think you picked up on something
right away. You're very astute in your observations. Early on in the
planning process, as we looked at the area, we had to make certain
determinations as to what would be the key streets of pedestrian activity?
And thereby, what would be secondary streets where you would have
things like loading docks, packing house areas, mechanical equipment
rooms, entrances into parking garages, et cetera. And in planning the five
block area, we -- our premise -- and this was presented to the various City
boards -- was that Miami Avenue and Southwest 8TH Street would be the
heart of the pedestrian street level activity, and that there should be
nothing in the planning of the projects that front on any of those two
streets that should interfere with the character of those two streets. Then,
what we did as a result of this particular project, where we have three
streets, we have -- we front them on 8TH Street, we front on Miami
Avenue, and then we front on 7TH Street, is that we located the back of
house loading dock access to the retail on 7TH street, and architecturally,
not by use, but architecturally, we treated the facade of 7TH Street so
though -- even though it would not ,be a retail street, architecturally it
would be an attractive street. And I can show you those elevations so that
you feel comfortable with that also.
Commissioner Winton: And, actually, that's all I was looking for. I
wasn't looking for you to redesign the project because I looked at your
bay depths on your retail there and understood what was going on there,
so I wasn't at all encouraging you to change and figure out how to put
retail in, but I was hoping that you would have a method to architecturally
treat that street so that -- or that facade there so there would be attractive
to pedestrians.
Vice Chairman Gort: I'm sure, Mr. Bermello being the architect that he is,
he'll come up with some ideas to make it very attractive to pedestrians. I
129 MARCH 23, 2000
think there was also a comment from the policemen.
Commissioner Winton: There is another good question here. There is a
movement -- might be slow, but nationally -- to do away with one way
streets in urban areas for a lot of real good reasons. In fact, we're looking
at changing the one-way nature of both 7TH and 8TH in that west Brickell
area currently. Now, you have only entryway coming in from the south
and exit -- everything exiting out of the north. If those streets change to
two-way, will that mess up your flow of traffic in and out of that garage?
Mr. Bermello: The answer is that no, it won't. What we have done,
Commissioner Winton, is that -- and we did this because we are aware
that the state DOT (Department of Transportation) is thinking about
changing 8TH Street back to two-way flow traffic -- is that we have the
flow either from 8TH Street or from 7TH Street in a way that the lanes we
can reverse the traffic flow. As a matter of fact, during the ,peek times of
exiting, for example, late in the evening at the completion of the movie
cinemas, there will be out flow in all the lanes, except one. So, we've
done it with maximum flexibility so that if and when there is a change, we
can accommodate it. The only thing that would -- that we just need to be
aware of is that, if there is a change and we have not yet seen how or
when DOT would move forward with that change, is that they might
modify the geometry of 8TH Street and if they widen the paved surfaces,
they might impact on the width of our sidewalk or the sidewalk on the
south side. Right now we have a 20 -foot sidewalk area, which is we think
is very nice for outdoor cafe sitting, et cetera, and that could be an
impact. But, again, we're anticipating that something might happen.
Vice Chairman Gott: Thank you.
Commissioner Sanchez: Willy lET met just .interrupt you for a minute, if
I may, and just ask one question. Traffic on your pattern will still flow
the way it's flowing on 8TH Street, which is westbound, correct?
Mr..Bermello: That's...
Commissioner Sanchez: OK. Traffic in the way it's running according to
your plans, it runs westbound, correct?
Mr. Bermello: Well...
Commissioner Sanchez: No, eastbound.
Mr. Bermello
Commissioner
The traffic -- on 8TH Street is going eastbound.
Sanchez: Eastbound. Well, we are in the process of
130 MARCH 23, 2000
conducting a traffic study that we basically want to change that traffic
pattern going westbound, and we are -- as a matter of fact, public works is
working on the issue and we are working with Tallahassee, DOT to change
that because we feel that it's an economical boost for the economy to the
merchants of 8TH Street where people that usually stop to buy at either --
maybe local stores or groceries or bakeries, is that we want to attract the
people leaving from work home to stop. So, I would ask that you sit down
and maybe talk to our public works department that's working on that
changing of the flow of traffic because -- you know, now -- and I support
the plan. I'm sure it's going to be a beautiful site and it's going to bring a
lot of revenue for the City, but, you know, it would hate for your project
to interfere with what we're trying to do on 8 Street.
Mr. Bermello: No, this would not interfere. If you were to restripe --
just singly just restripe the street and change from four lanes of traffic to
two each way, plus a parking lane, this would work today just like it
would afterwards. My only comment was that, if DOT, in their wisdom,
were to make the street any bigger, that they would impact the width of
the sidewalk, and we show a 20 -foot wide sidewalk, and that would be
made narrower. Other than that, we've made the flow on to the parking
garage that it can operate from both and will operate from both 8TH Street
and 7TH Street. With the traffic flow, the lanes can actually be modified.
As ' a matter of fact, we will not have any concrete dividers. It will be
painted on the surface so that, in fact, we have total flexibility.
Commissioner Sanchez: All right. Seventh Street now goes westbound?
Mr. Bermello: That's correct. And 8TH Street goes eastbound.
Commissioner Sanchez: OK. What we had talked -- and it's in the plans
of this changing the flow of traffic -- is that 7TH Street will go eastbound
and 8TH Street will go westbound. You understand?
Mr. Bermello: I understand.
Commissioner Sanchez: I mean, somehow we could work together on
this, and...
Mr. Bermello: Yes.
Commissioner Sanchez: You don't mind if it goes either way, right?
Mr. Bermello: No. If 7TH Street...
Vice Chairman Gort: He can change it.
131 MARCH 23; 2000
Mr. Bermello: If 7TH Street is modified from westbound, as it is today, to
eastbound, the only thing that we would need to modify in our plans is
how trucks back into the loading area. Right now, the way we have it,
Commissioner, is that a truck basically pulse into our property and then,
within our property, backs into a space so that you never slow traffic
down, OK? We would basically have to work a reverse mirror image of
that to have -- but that will be the only thing, if you were to change the
traffic flow. That will be the only -- be a minor modification.
Vice Chairman Gort: OK. Any further question? Yes, sir.
Mr. John Jackson (Acting Director, Public Works): Commissioners, John
Jackson, acting director, public works. The study that we're looking at on
the reversal of traffic on Southwest 8TH is on 27TH Avenue to I-95. It's
not going to go -- I don't believe the intent is to go the far east.
Vice Chairman Gort: Now, one of the things I'd like to recommend to you
all -- because my dad opened a shop on 16TH and 8TH back in 1959, and I
was there until 1980 something. Do surveys and talk to the people that use
those streets. Because you might want to do something thinking you're
doing them a favor, and you might want to -- people create more of a
traffic hazard and people might not want to travel through those streets, at
all. So, my suggestion is you do that.
Commissioner Sanchez: Mr. Jackson, let me get this straight. You said
that the change that we are studying and proposing only reaches to 4TH
Street?
Mr. Jackson: To I-95.
Commissioner Sanchez: I-95?
Mr. Jackson: Right -- presently, that's the length of the study right now
that we're looking at. You know, we can expand it -- further to the east
but that wasn't the intent originally, I don't believe.
Commissioner Sanchez: Well, how do you see it working? I mean, is the
people going to take 7TH and then turn and get...
Mr. Jackson: Well, we really want -- you know, that's what we're hoping,
that we can get out of this study, to determine what is the best traffic
patterns, and that's what we're looking at.
Commissioner Sanchez: All right. Well, I'll wait for the study.
Vice Chairman Gort: OK. Thank you. Any other questions?
132 MARCH 23, 2000
Commissioner Regalado.
Commissioner Regalado: When, Willy, do you plan to have the theater
built, more or less?
Mr. Bermello: We -- according to Milanio's plans is for us to be ready by
late fall, end of this year, with the project ready to go to permit and
construction early 2001, and we're anticipating approximately 12 month
construction for this project.
Commissioner Regalado: For the first...
Mr. Bermello: For the first phase.
Commissioner Regalado: That would be the whole theater?
Mr. Bermello: It will be approximately 246,000. square feet of retail
space, of which 90,000 is the 20 -screen Sony theater. The rest will be
high-end retailing. We're talking about Dena De Lucas.. We're talking
about Barnes and Nobles, Virgin Records. I mean those are the types of
stores that we're looking to bring to this area, of Brickell.
Commissioner Winton: I move this.
Commissioner Regalado: Do you know, Johnny, this thought -- you know
that when Paseos closed the movie theaters, according to numbers that...
Commissioner Winton: You mean at .Miracle Mile -- at Miracle Center, I
mean?
Commissioner Regalado: Yeah, the Miracle Center. It used to be called
Paseos. Most of the moviegoers went to Sunset. They did not go to Coco
Walk. Apparently, because they were more used to that kind of enclosed
theater. So, I think that this complex will bring back the people from
Miami. Because, I mean, Sunset...
Commissioner Winton: I hope it brings the good ones.
Commissioner Regalado: Sunset is having a tremendous success in terms
of the movies and the stores.
Commissioner Winton: I move -- I move this PZ -1 item.
Vice Chairman Gort: OK. It's been moved. Is there a second?
Commissioner Regalado: Second.
133 MARCH 23, 2000
,7
•
Vice Chairman Gort: It's been moved and second? Further discussion?
Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 00-286
A RESOLUTION OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT, APPROVING
WITH CONDITIONS AS SPECIFIED BY STAFF, A
MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 13 AND 17 OF ZONING ORDINANCE
NUMBER 11000, FOR THE BRICKELL COMMONS
PROJECT, TO BE LOCATED AT THE PROPERTIES
GENERALLY BOUNDED BY THE MIAMI RIVER ON
THE NORTH, THE PEOPLE MOVER RIGHT-OF-WAY
ON THE EAST, SOUTHEAST/SOUTHWEST 8TH
STREET ON THE SOUTH, AND SOUTH MIAMI
AVENUE AND THE PROPERTY LOCATED AT
APPROXIMATELY 750 SOUTH MIAMI AVENUE ON
THE WEST, MIAMI, FLORIDA; TO BE COMPRISED
OF A PHASED PROJECT DEVELOPMENT,
CONSISTING OF 1700 RESIDENTIAL UNITS,
585,938 SQUARE FEET OF RETAIL, AND 3,241
PARKING SPACES WITH ACCESSORY AMENITY
SPACES AND RECREATIONAL USES; 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.)
134 MARCH 23, 2000
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Mr. Bermello, when you start talking about that
signage and all that stuff, the big screens, where are they going to be?
Mr. Bermello: Commissioner, we will be coming back to the City in the
UDRB (Urban Development Review Board) because there is a lot of
dialogue right now between what is art, what is advertisement, what is
appropriate and what is not. That discussion, we did not want that to'
delay the whole process. Our designed ideas were to use the side of the
building, where the movie cinemas are...
Commissioner Teele: Hold on a minute. Is the Planning Director here?
Lourdes -- I mean -- are you all listening to this? I asked the question
and he finally got around to about answering it. Where are those signs,
the -- not the signs, but the big screen televisions and all of that is going
to be?
Mr. Bermello: We plan to come back to the City with a special
permission to utilize -- and I guess part of the closes example...
Commissioner Teele: You were not to give the answer as to where you're
going to put...
Mr. Bermello: The answer is to architecturally integrate into the wall
surface in an artistic manner, what would be maybe even portions of the
movies that are being shown inside, to the name of the artist so that, in
effect, the whole -- the interior of what's happening in the building is
135 MARCH 23; 2000
communicated to the exterior. A little bit -- I don't want to say Time
Square because that brings some maybe negative tones to some people and
some -- we think of it in terms of some positive tones. But the idea is
very similar to the "meet you in San Francisco" to bring it to the outside.
Commissioner Teele: I assume that's what you're going to do being an
architect. I assume that something -- what's the nearest state road?
Commissioner Sanchez: I-95.
Commissioner Teele: Eighth Street.
Mr. Bermello: Eighth Street, which is right there.
Commissioner Teele: Right there. I would strongly suggest you meet
with our Planning Director and Joel Maxwell, and others -- I mean, there
are a series of missiles being launched all around the State, the County,
and, you know, it's an example of how sometimes we have to move
forward kicking and screaming and dragging government into the real
world, but nevertheless, this are a series of issues -- and I'm asking it not
really for this project but for the over -arching policy. We're going to
have to wrestle with that policy, and it's going to have to be wrestled with
in Tallahassee because right now the way the State reads the law, if it's
within six hundred and --
Vice Chairman Gort: Feet.
Mr. Joel E. Maxwell (Assistant City Attorney): Sixty feet of certain types
roads.
Commissioner Teele: -- sixty feet of a state right-of-way, you've got a
major problem, and we need to just sort of sit down with you, the
Planning Director, the Law Department, because we really do need to
revisit some of this archaic thinking.
Mr. Bermello: That is -- we...
Vice Chairman Gort: So, you need to explain in Tallahassee where Times
Square is.
Mr. Bermello: In any event, we're going to leave this building with the
smart technology so even if we don't get it initially, later it could happen.
These -- each one of these squares, in fact, could change in color what --
something similar to what we did in the -- where the China Grill is, we
did that building where the glass for the changes in color throughout the
day.
136 MARCH 23, 2000
Commissioner Teele: The China Grill.
Mr. Bermello: In effect, each one of those screens could be like a large
glass block that changes in tone throughout the day or night.
Commissioner Teele: I commend you. I'm not here, at all, to. try to -- I
just think that you should be aware -- and the City is beginning to look at
and we would welcome your input and your participation in this. I mean,
I'm advised that the County has even raised questions about the very small
little slip that these little screens are...
Mr. Bermello: In the arena.
Commissioner Teele: In the arena. I mean, you know -- and that's just
backward thinking. I mean, you know. But what can you do? You .know,
if it's not their, you know, deal, everybody's upset.
Mr. Bermello: We will work with staff...
Vice Chairman Gort: But, Commissioner Teele, my understanding, the
memo that I read stated that what you need to do is request a permit from
the State...
Commissioner Teele: They didn't say that he couldn't do it, but
essentially what they said is, A, it's subject to the State rule that requires
a permit.
Vice Chairman. Gort: Right.
Commissioner Teele: And, then, when we again to analyze some of this
things, they've not really embraced a lot of -- there are a lot of
restrictions on how large. it could be. When these restrictions -- when
these rules were drawn, there was no such thing as a Sony big screen
technology, I mean. So, let's just face it. I mean; it was back in the days
of black and white TV, when they drew those rules.
Vice Chairman Gort: Thank you, sir. PZ -2
Commissioner Teele?
Commissioner Teele: No, sir. Thank you.
Vice Chairman Gort: Thank you.
Any other questions,
137 MARCH 23, 2000
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -2 is a
request for a release of covenant and replacing it with a new covenant for
the property at 2951 through 2999 Southwest 22ND Terrace. This property
was the subject of a zoning change years ago, in which a covenant was
proffered that there would be height limits in a wall and landscape
buffering required on 22ND Terrace. What the applicant is requesting now
is a release of that covenant and to replace it with a covenant that would
tie them to a specific project that will put a residential component on the
22ND Terrace side with no vehicular ingress or egress; there would be a
garage at the center of the property and a high-rise residential project on -
- fronting Coral Way. The department has reviewed it and found it to be
an appropriate, you know, transition between the .commercial nature of
Coral Way and the residential character of 22ND Terrace and the
neighborhood behind it. The only concern we've had is that, you know,
whatever fine tuning type changes may come out of these plans before
actually going to building permit, we wanted to be able to review them.
In the event that the project wasn't a major use special permit, which it
looks like it's most likely going to be the applicant had agreed to that
condition, and has already incorporated it in the language of the covenant.
So, we would recommend approval as presented.
Commissioner Regalado: Question. That would mean that the old radio
station building will be demolished, is that...
Ms. Vicky Garcia -Toledo: That's correct. For the record, Vicky Garcia -
Toledo with offices at 2500 First Union Financial Center. Yes,
Commissioner. Basically, this project -- and we had some elevations for
you -- would go from Coral Way all the way to 22ND Terrace. The 22"
Terrace frontage would be town homes that would shelter and recreate the
residential characteristics that have somewhat been lost along 22ND
Terrace. And the Coral Way front, which is the furthest board, would be
ground floor commercial, with the residential above in the tower.
Commissioner Regalado: OK. So, there will be no exit of the traffic on
22ND Terrace?
Ms. Garcia -Toledo: No, no exit to 22ND Terrace. In fact, even the town
homes that will have their front doors on 22ND Terrace will have their
138 MARCH 23, 2000
parking spaces inside the parking garage for the building. So, even those
who live on those town houses on 22ND Terrace, . will be entering the
building from Coral Way, and parking kind of like in the rear of their
properties, if you will.
Commissioner Regalado: What I would propose is that on those -- there
are two properties, those two houses in the back, right? Those are the
ones. that we are trying to change the covenant?
Ms. Garcia -Toledo: No. I believe that that's all vacant.
Commissioner Regalado: Two houses, yes. Two houses.
Ms. Garcia -Toledo: The four lots that are involved in this are all vacant.
The two houses are the ones that belong to Latin American Cafeteria, and
then the next one goes to the east.
Commissioner Regalado: No, no. There is a house that belongs to
Suarez, Amancio Suarez -- but my proposal is that on those four lots that
you would dedicate three feet to the City -- because there is no sidewalk
on that 22ND Terrace area -- and the reason that we can't build sidewalks
is that those properties have not dedicated some of the...
Ms. Garcia -Toledo: That's not a problem. That will be dedicated. In
fact, your Public Works Department will require us to put sidewalks as
part of this process.
Commissioner Regalado: OK. Then -- and the last question is, would that
mean that parking will be close to Latin American?
Ms. Slazyk: No. It's inside.
Commissioner Regalado: No?
Mr. Willy Bermello: There is a portion of the property that we're
leaving...
Vice Chairman Gort: Excuse me. Could state your name and address, and
maybe we should go through the...
Mr. Bermello.: Willy Bermello with offices at 2601 South Bayshore
Drive, City of Miami. Commissioner Regalado, the property right now
with Mr. Suarez includes a strip of parking stalls where Latin American
uses for their customers. So, in working out our joint venture agreement
with Mr. Suarez, we agreed that the property would be redefined so that
we would exclude that portion of the property that has that parking area
139 MARCH 23, 2000
for Latin American. Otherwise, Latin American would die because people
would not be able to park there.
Commissioner Regalado: That's why I asked.
Mr. Bermello: So, we're leaving that portion of the property and in the
Joint Venture Agreement between us, that is excluded from the
description of the development area.
Commissioner Regalado: OK. Mr. Chairman, this is in district 4, so I'll
move the item.
Commissioner Teele: Second the motion.
Vice Chairman Gort: Before you...
Commissioner Regalado: I just...
Vice Chairman Gort: Let me try to follow procedure.
Commissioner Regalado: Sure.
Vice Chairman Gort: Is there anyone in opposition to this item? Is
anyone in opposition to this item? Being none, we'll close the public
hearings. There is a motion by Commissioner Regalado and there is a
second by Commissioner Teele. Is there any further discussion? Being
none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
140 MARCH 23, 2000
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 00-287
A RESOLUTION OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT, APPROVING
AND AUTHORIZING THE RECORDATION OF THE
SECOND MODIFICATION TO DECLARATION OF
RESTRICTIVE COVENANTS (ATTACHED HERETO
AS EXHIBIT "A" FOR THE PROPERTIES LOCATED
AT APPROXIMATELY 2951-2999 SOUTHWEST 22"
TERRACE, MIAMI, FLORIDA, AKA "RADIO MAMBI
PROPERTY" TO AMEND THE EXISTING
COVENANT DATED MARCH 2, 1988 (ATTACHED
HERETO AS EXHIBIT "B") AND MODIFICATION OF
COVENANT DATED AUGUST 26, 1988 (ATTACHED
HERETO AS EXHIBIT "C"), SUBJECT TO
RECORDATION AND OTHER EXPENSES RELATED
TO THIS SECOND MODIFICATION TO BE PAID BY
THE PROPERTY OWNER.
(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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
141 MARCH 23, 2000
Vice Chairman Gort: PZ -3.
Mr. John Jackson (Acting Director, Public Works): Commissioners, John
Jackson, Acting Director, Public Works. PZ -3 is official vacation and
closure of public right-of-way. It's a small alleyway 10 feet wide by 50
feet, south of Northeast 24TH Street, sort of parallels Northeast 2ND Court,
and Northeast 2ND Avenue. It's for a closure and Public Works has
approved and approved by the Plat and Street Committee.
Vice Chairman Gort: OK. Now, one of the things that we've requested of
the Planning Department is to look at all these alleys that we have and --
throughout the City, which are not being utilized. They were given a long
time ago. We, in Allapattah, have been able to eliminate a lot of the
crime by closing those alleys and we've gotten the property owners to take
care of it and so on. So, this is something we should continue to look into
it. Do I have a motion?
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second? Second?
Commissioner Teele: Second.
Commissioner Regalado: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by saying
It II
aye.
The Commission (Collectively): "Aye."
142 MARCH 23, 2000
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 00-288
A RESOLUTION OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT, CLOSING,
VACATING, ABANDONING AND DISCONTINUING
FOR PUBLIC USE THAT PORTION OF A PUBLIC
RIGHT-OF-WAY, BEING A 10 FOOT ,BY 50 FOOT
ALLEY RUNNING BETWEEN THE PROPERTY
LOCATED WEST OF NORTHEAST 2ND COURT AND
EAST OF NORTHEAST 2ND AVENUE IMMEDIATELY
SOUTH OF NORTHEAST 24TH STREET, MIAMI,
FLORIDA; AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A", ATTACHED HERETO AND MADE
A PART HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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: PZ -4.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -4 is the
amendment to the Southeast Overtown/Park West Development of
Regional Impact in order to give us a time extension of four years and 11
months, from December 31 of '99 to November 30 of 2004. This has been
143 MARCH 23, 2000
0 .0
sent up to DCA (Department of Community Affairs). We got the letter of
compliance and we recommend that this be passed.
Commissioner Teele: So move.
Commissioner Winton: Second.
Vice Chairman Gort: Anyone in opposition? Being none, all in favor state
by saying "aye."
The Commission (.Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-289
A RESOLUTION OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT, AMENDING
THE SOUTHEAST OVERTOWN/PARK WEST
DEVELOPMENT OF REGIONAL IMPACT ("DRI")
DEVELOPMENT ORDERS (RESOLUTION NUMBERS
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 EXTEND THE BUILD OUT
AND TERMINATION DATES FOR INCREMENT I1;
FINDING THAT THIS CHANGE DOES NOT
CONSTITUTE A SUBSTANTIAL DEVIATION PER
CHAPTER 380, FLORIDA STATUTES (1997); AND
ALSO FINDING THAT THIS CHANGE IS IN
CONFORMITY WITH THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
144 MARCH 23, 2000
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
Vice Chairman Gort: PZ -5.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -5 and 6
are companion items for amendment to the land use plan and the zoning
ordinance for the property at 300-350 South Miami Avenue, 18TH through
62ND Southwest 3RD Street and 24TH through 75TH Southwest 4TH Street,
from office and central business district to restricted commercial. The
department is recommending approval. This is a partial down zoning.and
a partial up zoning to try to unify the zoning on a piece of property for a
development that's going to is actually be coming in on the north side of
the river in downtown. The companion -zoning request is for SD -6, which
the Department finds appropriate. It's got high FAR (Floor Area Ratio).
Again, it's a down zoning on the CBD side and up zoning on the office
side, but most things about SD -6 here is that there is criteria in there for
the pedestrian activity, and it will give the department the design review
rights of anything that happens there. So, we -- you know, we recommend
approval of both five and six.
Commissioner Teele: So moved.
Commissioner Winton: Second.
Commissioner Teele: All those in favor -- is there a public comment?
Ms. Vicky Garcia -Toledo: We agree with staff at the recommendation.
145 MARCH 23, 2000
Commissioner Teele: All right. It's been moved and second. All those in
favor say...
Mr. Joel E. Maxwell (Assistant City Attorney): I believe this is an
ordinance, sir.
Commissioner Teele: It's an ordinance. Please read the ordinance. All
right. Call the roll, please.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING THE FUTURE LAND USE MAP, COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING LAND USE
DESIGNATION AT PROPERTIES LOCATED AT
APPROXIMATELY (1) 300 TO 350 SOUTH MIAMI AVENUE, (2)
18TH THROUGH 62" SOUTH WEST 3RD STREET, AND (3) 24TH
THROUGH 75TH SOUTHWEST 4TH STREET, MIAMI, FLORIDA,
FROM OFFICE AND CENTRAL BUSINESS DISTRICT TO
RESTRICTED COMMERCIAL; MAKING FINDINGS, DIRECTING
TRANSMITTALS TO AFFECTED AGENCY; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Commissioner
Winton, and was passed on first reading, by title only, by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read by title into the public record by the City Attorney.
146 MARCH 23, 2000
1]
Commissioner Teele: On PZ -6 is that --
E.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): That's the
companion.
Commissioner Teele: -- companion ordinance? Read the ordinance.
Mr. Maxwell: Ordinance as well.
Commissioner Teele: -- companion ordinance? Read the ordinance.
Mr. Walter Foeman (City Clerk): Need a movant.
Commissioner Teele: Is there a motion?
Commissioner Regalado: Move it.
Commissioner Winton: Second.
Commissioner Teele: Moved by Commissioner Regalado. Seconded by
Commissioner Sanchez. Is there objection? Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NUMBER 36 OF THE ZONING ATLAS OF
ORDINANCE NUMBER 11000, AS AMENDED, ZONING
ORDINANCE OF CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS FROM
O -OFFICE TO SD -6 (INAUDIBLE) COMMERCIAL RESIDENTIAL
DISTRICT FOR THE PROPERTY LOCATED AT ONE, 300
THROUGH 350 SOUTH MIAMI AVENUE TO 18TH THROUGH
62ND SOUTHWEST 3RD STREET AND THREE, 24TH THROUGH
75TH SOUTHWEST 4TH STREET, MIAMI, FLORIDA;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
147 MARCH 23, 2000
was introduced by Commissioner Regalado, seconded by Commissioner
Sanchez, and was passed on first reading, by title only, by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr..
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read by title into the public record by the City Attorney.
Commissioner Teele: All right. Next item? Commissioner Winton.
Commissioner Winton: Ms. Garcia -Toledo, how many acres is involved in
this?
Ms. Garcia -Toledo: Just slightly over five.
Commissioner Winton: OK.
Commissioner Teele: All right.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -7 is a
request to add the SD -12 Buffer Overlay District zoning to property at
2960, 61 IT, and 2965 Aviation Avenue. The Department's original
recommendation for this was denial because of the rear of the property
fronts Inagua. While we felt that the additional parking here was going to
be beneficial to the neighborhood because it gets cars off the
neighborhood streets and into a parking lot, we were concerned about the
residential frontage on Inagua. Since then, the applicant has met with the
neighborhood and they came up with a settlement in the form of a
covenant that they are proffering to the City, in which case, two single
family homes will be located on the Inagua frontage. If the Commission
were to so accept the covenant, the department would have no objections
to this change.
148 MARCH 23, 2000
Commissioner Teele: Is the covenant acceptable to the attorney -- City
Attorney?
Mr. Joel E. Maxwell (Assistant City Attorney): That's been submitted and
reviewed -- I believe they have incorporated the changes that we've asked
for. Yes, sir.
Ms. Vicky Garcia —Toledo: Yes, it was submitted during first meeting.
Correct.
Commissioner Teele: It's acceptable? Is there other objectors present?
You want to state your name for the record, representing the applicant?
Ms. Vicky Garcia -Toledo: Vicky Garcia Toledo with offices at 2500 First
Union Financial Center. And Mr. Tucker Gibbs, who represents the
neighbors, I think, is somewhere. in City Hall, but he was here during first
reading and he did put his consensus to this.
Commissioner Teele: We note his presence for the record. Is there a
motion?
Commissioner Sanchez: Move.
Commissioner Teele: Moved by Commissioner Sanchez. Second?
Mr. Maxwell: This is also an ordinance.
Commissioner Teele: I understand. Second?
Commissioner Winton: Second.
Commissioner Teele: Read the ordinance. We have a motion and a
second. Is there further discussion? Call the roll, please.
149 MARCH 23, 2000
•
An Ordinance Entitled —
0 -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NUMBER 45 OF THE ZONING ATLAS OF
ORDINANCE NUMBER 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1
SINGLE FAMILY RESIDENTIAL IN ORDER TO ADD SD -12
BUFFER OVERLAY DISTRICT FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 2960, 2961, AND 2965
AVIATION 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, at the meeting of February 17,
2000, was taken up for its second and final reading, by title, and adoption.
On motion of Commissioner Sanchez, seconded by Commissioner Winton,
the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read by title into the public record by the. City
Attorney.
Said ordinance was designated Ordinance No. 11907.
Commissioner Teele: Next item, PZ number what?
Mr. Joel E. Maxwell (Assistant City Attorney): This is eight:
Commissioner Teele: Number eight.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -8 is a
150 MARCH 23, 2000
request for a change of zoning to add the SD -9 designated FAR (Floor
Area Ratio) overlay district to put a 3.3 FAR on the property of 4909
Northwest 8TH Street. The department is recommending denial of this.
The request here is to give a three point three FAR to a piece of property
that -- piece of property right on blue Lagoon for a three point three FAR,
which is higher than any FAR we've given anybody using the SD 19
designation. 'For those Commissioners who may not be aware, SD 19 is a
tool that can be used to either raise or lower FARs on individual
properties in the City. It has been used 27 times in the City, of which
seven have been to raise FAR and the other 20 have been to lower FAR.
In the seven cases where the FAR has been raised, it has been for areas
such as Claughton Island, Biscayne Boulevard, Jackson Memorial
Hospital, and 37TH Avenue. Typically, the SD -19 is used to lower FARs
to protect intensities that are too high near residential areas. This
particular map there shows the applications of SD -19 around the City.
And, again, the applications thus far have been, even for Jackson, we only
granted a three point two FAR. So, to grant a three point three FAR on a
piece of property where the access is limited to an easement, there is no
street frontage, it's a landlocked parcel -- it does have an easement, so it
has access, but it's not on the street and it's an limited access because it's
an easement would give intensity that it's just way too high for this piece
of property, given the access limitations, you know, and its location, you
know, the department recommends denial.
Vice Chairman Gort: Thank you.
Ms. Vicky Garcia -Toledo: For the record, Vicky Garcia Toledo with
offices at 2500 First Union Financial Center. Staff has identified the
location of this property to be on blue Lagoon. It's quite correct. If there
was a theoretical 8TH Street dedicated, it would be in front of this
property, but it's not in existence at this time, and, so, the access for this
property is through an easement that has been recognized by the courts as
an easement in support of this five -acre parcel. It is an easement that has
been platted and made legal, if you will, as a subdivision by your .Public
Works Department. The purpose of this request is that your Planning
Department and your Comprehensive Plan permits up to 150 units per
acre. That is your high-density multifamily type use. There is a
discrepancy between what your Comprehensive Plan allows on this
property and what your R-4 zoning allows on the property. The FAR
limitation of 172 does not allow the property owner to build up to the
legal allowed density of 150 units per acre. The client would like to build
750 units or probably slightly lower than that because I think, even with
the three point three FAR, he would only be permitted to build around
715, 720 units, where the Comprehensive Plan is telling him -- and this is.
a comprehensive plan that your professional staff had made part of the
City's planning guidelines to be up to 750 units. The property owner here
151 MARCH 23, 2000
is Mr. Jose Milton, who has an extensive track record for high density,
multifamily in this community, from the Blue Lagoon area on Coral Way
and 87TH to the first Five -Star apartment building in Sunny Isles, known
as the Pentacle. All that this zoning change will do is to allow him to be
consistent with what is already allowed in the land use. Further, if this is
permitted, this project will have to come back before you as a Major Use
Special Permit because, of course, it's over the 200 unit threshold, and
you will have, not only you, but all your boards and your staff will have
all the opportunities available to them to be able to look at the design
analysis and, of course, approve the ultimate number of units on this site.
So, we would ask that you support this.
Commissioner Sanchez: So, Vicky, under the Comprehensive Plan -- it
doesn't fall under the Comprehensive Plan for that area, right?
Ms. Garcia -Toledo: Yes. At 150 units per acre. That's the allowable
density.
Commissioner Sanchez: And how many -- you're talking about how many
acres? I mean, how many units?
Ms. Garcia Toledo: According to the Comprehensive Plan, 750 units are
permitted.
Commissioner Sanchez: Just looking at the Planning and Zoning denying
it and then looking at the Zoning Board recommendations to deny to the
City Commission, five to four, you know, I take that into consideration
and move to deny.
Vice Chairman Gort: There is a motion to deny. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: There is a motion and a second? Any discussion?
Being none, all in favor state by saying "aye."
Commissioner Teele: Let me just understand one thing. It's no big deal.
How much land are we talking about here?
Ms. Garcia -Toledo: Five acres.
Commissioner Teele: And is this a waterfront...
Ms. Garcia -Toledo: Waterfront, yes.
Commissioner Winton: It is east of the Hilton on the lake on the north
152 MARCH 23, 2000
side of 7TH
Ms. Garcia -Toledo: Correct.
Commissioner Winton: North side of 8TH Street, they are right on the
lake, and there are all kinds of buildings along 7TH Street (inaudible) get
back into the -- to get back on this property.
Commissioner Teele: Show me this on the map, if you don't mind. Hold
on, Lourdes. Let me just see this. Now, this map shows all of the SD 19s
that have been approved?
Ms. Garcia -Toledo: Correct.
Commissioner Regalado: There is one there. Right there. Right there.
Commissioner Teele: What's number two? Is that the Grand, the Marriott
Grand?
Commissioner Regalado: So, you're saying that you had granted those S...
Ms. Slazyk: Number two is the Biscayne Boulevard frontage. They are
not -- all the pink ones are here -- on here are all of them that we've
granted. The ones that raise FAR...
Commissioner Teele: But some are up and some are down.
Ms. Slazyk: Twenty of the 27 lower FAR. The only 7 that raise the FAR
are in the Jackson area, Claughton Island, 37TH Avenue, and Biscayne
Boulevard.
Commissioner Regalado: Let me ask -- excuse me, Commissioner
Ms. Slazyk: Yeah, which are all -- they are major -- you know, they are
Along, major streets.
Commissioner Regalado: Why, in the Jackson Memorial, you raise the
FAR?
Ms. Slazyk: The FAR was raised this because of the community service
need of Jackson. You know, there is a need for that there.
Commissioner Regalado: Do you know -- do we -- I guess we all know
that the State an the federal government building eventually the
Intermodal transportation about five to 10 blocks from there that is going
to employ more than a thousand people for the airport satellite office. So,
153 MARCH 23, 2000
that would apply the same scenario. That would be the same scenario that
Jackson Memorial Hospital.
Ms. Slazyk: I'm not sure what their FAR is going to be.
Commissioner Regalado: No, no, no, no, no. I'm saying, you did approve
that in the Jackson Memorial Hospital because of the amount of people
and employees and the need for apartment. I'm saying that the same
scenario could be applied to that side because of the new enter modal, the
airport being near...
Ms. Slazyk: Yeah. Except that Jackson 's applied to their -- it was to the
non residential. It's to the hospital complex, not to all the -- not to the
residential. You know, there, it was applied directly to the non-
residential community service need of the Public Health Trust. The only
other place, like I said, that we boosted it were in urban, you know --
urban or major arterial areas. And I want to respond to one thing that Ms.
Garcia -Toledo said about the comp plan. The comp plan sets up an upper
limit of 150 units per acre. In some areas of the City closer to the urban
core, where we've got special districts with FARs of five, six, and seven,
you need the 150 per acre to be able to get you to the right density for
urban areas. Because it's a maximum limit, it doesn't mean that every R-4
in the City really needs to build to its maximum.
Commissioner Teele: I think that's a very intelligent point. Let me just
tell you what my -- it's late. I mean, we're trying to move this agenda
forward. Let me tell you my only concern about this kind of thing. I
think we have underdeveloped our waterfront assets. That's my personal
view. And to the extent that we can encourage, especially non-
governmental waterfront -- to the extent we can encourage waterfront
development -- I mean, I'm very open to that, particularly in the Blue
Lagoon area, along the Miami River. I mean, I just -- you know, I know
that we've got nice round holes and swear pegs, and all that, and the round
holes have -- the round pegs have got to go into the round holes and the
square pegs have got to go into the square holes, but it just seems to me
that one of the things that we ought to really look at, as a matter of
policy, is encouraging higher and greater intensity along the waterfront,
wherever they are. And I'm not sure that we've done that. But there is
nobody here opposing it. They're nobody here for it -- I mean -- well, the
lawyers, of course, are here for it, an I'm going to be, I guess, trying to go
along with the staff's recommendation. But that's my concern, is that I
really do think we should encourage greater density and greater FAR on
waterfront.
Ms. Garcia -Toledo: May I...
154 MARCH 23, 2000
Ms. Slazyk: Just so you know, if this were to come in as Planned Unit
Development, this is a 20 percent FAR increase they could apply for and
they could also apply for another 25 percent on top of that, by
contributing to the Affordable Housing Trust Fund. So, he could get up to
about two point three without asking for this overlay anyway.
Ms. Garcia -Toledo: And I think -- if I may? I think that's a very
important point. If I may be...
Vice Chairman Gort: Excuse me. Public hearings were closed. Unless
somebody asks you a question, we have to follow certain procedures, OK?
Who's going to ask a question? Go ahead.
Ms. Garcia -Toledo: Basically, what . occurs is that when you're dealing
with properties on Brickell Avenue, on the Bay, the value of the rental or
selling oi' those units that you development is so high that you can afford
to pump up the FAR by making contributions to the housing trust, but
when you're dealing with neighborhoods where it's basic workers that
need rental availabilities, they are not given the same opportunities.
Because if you're going to rent to what the market in this neighborhood is
demanding, then you can't afford to do what the developmenters do on
Brickell, which is add the amenities, put in the PUD, (Planned Unit
Development) and pump up basically the FAR by paying million of dollars
of contribution into the affordable housing trust. The City has another
vehicle, which is the SD -19, to allow the same thing that happens in
Brickell to happen in this neighborhood, but within the financial where
withal of what the market allows here. So, if you asked us to come back -
- and basically, staff just said to you, you know, if they want FAR, they
can come back and they can ask for a PUD and they can make a
contribution. But if we,do that, then the value of this project goes in such
a way that we cannot rent at the rental levels that are required in this
neighborhood. So, we price ourselves out of the market and out of the
opportunity of giving the working class people of this community
waterfront living. Thank you.
Vice Chairman Gort: Thank you.
Commissioner Regalado: That is Chairman Gort's district, although
district 4 is only two blocks away from Northwest 7TH Street. I feel very
uncomfortable because, you know, when people try to do this kind of
development, a bigger apartment for working class people, you know, we
don't give them the 'same treatment that we do give when big developers
want to build on Brickell and other areas of the City, and then -- I just
think -- first of all, I look at aesthetics. Probably, Lourdes, you haven't
gone by Northwest 7TH
155 MARCH 23, 2000
Ms. Slazyk: I have.
Commissioner Regalado: You have. Have you seen the way that the City
lets part of that empty lot to continue to exist with that old building that -
- at least was demolished, but the debris is still there. There are dead
animals. The neighbors are complaining. The City has not liened that
property. I don't know why. And then we have another empty lot that
people want to build there, and I just think that we are discouraging this
kind of construction for working people. There is a huge need from the
airport workers for that new Intermodal center. You know, the shopping
centers in Northwest 7TH Street are hurting because of the lack of
development in the last 10 years there, and I just think that -- I don't
understand why, if they contribute, they can .do it. If they don't, they
cannot do it. For me, that's discriminatory. It is.
Ms. Slazyk: Yeah. But I think it's also arbitrary to put a three point three
FAR on a piece of property just in order to max it out, when the access
could be a problem. Imagine, 750 units, approximately 1500 people in
and out with two lanes. We have to have traffic studies. I mean, without
it, they could get a two point three FAR, which would still give them, you
know, tremendous amount of units, tremendous density and intensity. I
think they can get up in the 600 range of units, which is a reasonable use
for that property.
Commissioner Winton: Mr. Chairman? Mr. Chairman?
Commissioner Regalado: But all of them are not buildings. There are six
-- according to the list of voters -- because I don't know about the
residents. There are 6000 people there, and the reason I'm going by that
is because I don't have the census data, but I will tell you --
Ms. Slazyk: And they all came in at FARs of within point...
Commissioner Regalado: -- that from forty -- yeah.
Commissioner Winton: Well...
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: I think that is point that Commissioner Regalado
made; I guess I see it absolutely differently. When, Commissioner
Regalado, you said that we're not doing the same thing for the working
class people. Frankly, I think, by denying this, we are doing the right
thing for the working class people. It isn't as though they can't build on
this site. They could put six hundred and some units on that site. That's a
huge number of units. The issue here is, if this were in an affluent
156 MARCH 23, 2000
neighborhood, it wouldn't be allowed under any circumstance because you
can't get, the residents on and off that site. You've got an easement. You
don't have a road, so you can't get them -- so, you're going to stuff all of
these working class people, as you call them, on to this site so that they
are stuck and they can't do anything about it because they are the working
class people. It wouldn't be allowed in an affluent neighborhood. They
would have to be proper ingress and egress and there would be a density
that really worked with the right amenities that made the whole
neighborhood happy. This is just going to cram a bunch of people on to a
small site and, mind you, they can already put an awful lot of people on
that site. So, I don't see the advantage. I think it's a disservice to pass
this.
Vice Chairman Gort: Gentlemen, there is a motion. There is a second.
Any further discussion? All in favor state by saying "aye."
Mr. Walter Foeman (City Clerk): It's an ordinance.
Commissioner Regalado: No.
Commissioner Sanchez: Move it. Motion to deny?
Commissioner Winton: Yes.
Commissioner Sanchez: Yes.
Mr. Joel E. Maxwell (Assistant City Attorney): You may want to do a roll
call on that, Mr. Chairman.
Vice Chairman Gort: Roll call.
(Comments made during roll call)
Commissioner Teele: What did Commissioner -- what district is this,
Commissioner Winton's district? I mean, Commissioner...
Commissioner Regalado: Gort.
Commissioner Teele: What did Gort say?
Vice Chairman Gort: Yes.
Commissioner Teele: Huh?
Vice Chairman Gort: Yes.
157. MARCH 23, 2000
Mr. Maxwell: It's on a motion to deny.
Mr. Foeman: It's a motion to deny.
Commissioner Teele: Yes.
Ms. Garcia -Toledo: Thank you.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 00-290
A MOTION TO DENY PROPOSED FIRST READING
ORDINANCE TO ADD SD -19 DESIGNATED (3.3
FLOOR AREA RATIO) OVERLAY DISTRICT FOR
PROPERTY LOCATED AT 4909 N.W. 8T11 STREET.
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Tomas Regalado
ABSENT: None.
Vice Chairman Gort: PZ -9.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -9 is an
amendment to the text of zoning ordinance 11000. At the January 13 City
Commission meeting, the Commission passed a motion directing the
Manager to review and evaluate our zoning laws as it pertains to current
problems associated with adult entertainment, and then it went on to
include telecommunication tower installations, drug rehab facilities,
abutting residential neighborhoods, and directing the Manager to come
back with recommendations to address said problems. The department --
this amendment deals with the adult entertainment establishments. The
158 MARCH 23, 2000
department pulled out -- you know did a study of the areas in the City
which adult entertainment establishments are allowed, and then compared
it to the residential districts in the City. Although the current ordinance
does have distance limitations between adult entertainment establishments
in residential districts, there was an amendment to the ordinance about a
year and a half ago that now allows residential -- by special exception --
in C-2. Our adult entertainment ordinance right now allows adult
entertainment establishments by right in C-2 and industrial. So, we found
an incompatibility between the adult entertainment uses and residential
uses as it pertain to the C-2 district. Let me get a map and show you
where those are.
Vice Chairman Gort: I was going to ask you that question. How come
we're not projecting maps anymore on the screen?
Mr. Teresita Fernandez: Mr. Gort, we don't do transparencies anymore.
If you want me -- no, we don't. We don't -- we were advised -- we have
been advised by the City Attorney's office that there is no need because,
in reality, if we do that, then the Zoning Board is inclined to see who is in
favor and opposition and we're not really in a popularity contest.
Vice Chairman Gort: No. I understand that. But I think it helps for us
and for the public, although we have it here, for the public to be able to
see the map and where that is taking place. You don't have to color it --
you don't have to place -- you can put the map and you don't have to place
who is for it and who is against it. You can put the map up so people in
here can see it.
Ms. Fernandez: OK. We'll do that.
Vice Chairman Gort: OK. Thank you. Lourdes let me ask you a question.
My understanding, what you're saying is, this type of use, in order to do it
in a residential and a commercial area abutting the residential area, we
need a special...
Ms. Slazyk: No. The way it exists today, they are allowed, by right in C-
2 districts and industrial districts, which is what the top map shows. The
red is C-2 and the purple is industrial. They have to have 600 feet
distance requirement between an establishment and a residentially zoned
area, OK? But they are not allowed in the districts where residential is a
permitted principal use, such as our residential districts or the C-1 district
or the special districts.
Vice Chairman Gort: Right. OK.
Ms. Slazyk: OK. We have since amended our ordinance to allow
159 MARCH 23, 2000
residential by special exception in C-2. So, what this ordinance proposes
to do today is eliminate adult entertainment establishments from C-2,
which would eliminate all the red in the map on the top, and we increase
the distance limitations betweens the establishments and residentially
zoned areas from 600 feet to a 1000 feet, and the last change it made was,.
it removed the distance requirements between each other so that -- what
you see on the bottom map...
Commissioner Winton: In the industrial zone?
Ms. Slazyk: Within the industrial zone only. So, the bottom map is, once
we put in all our new distance limitations, this bottom map shows in
purple the areas of the City that would be left eligible for adult
entertainment establishments. There are five or six small zones, I believe.
But there...
Commissioner Regalado: Which are?
Ms. Slazyk: There are no distance limitations between. establishments,
and this is the important point because if...
Commissioner Regalado: Lourdes, just -- which are the five areas?
Commissioner Winton: Yeah. It's hard to see from here.
Ms. Slazyk: .This is 20TH Street right here.
Commissioner Regalado: Northwest?
Ms. Slazyk: Northwest 20TH Street. This is 2ND Avenue here. No. Wait.
Commissioner Regalado: That's not 2ND Avenue.
Ms. Slazyk: I'm sorry.
Vice Chairman Gort: That's not 2ND Avenue.
Ms. Slazyk: No. I'm sorry. It's 12TH Avenue. The one was covered
Vice Chairman Gort: Twelfth Avenue.
Ms. Slazyk: Twelfth Avenue. Over here is...
Vice Chairman Gort: Seventh Avenue.
Ms. Slazyk: Seventh Avenue, that's correct. And here is -- that's 2"
160 MARCH 23, 2000
Avenue.
Vice Chairman Gort: Second Avenue.
Ms. Slazyk: So, there is a zone right here, here, there, there, and there.
I'll pass this around if you want to look closer.
Commissioner Winton: But right now they are poised to be sprouting up
all over Park West.
Commissioner Sanchez: What is that? What is that?
Vice Chairman Gort: The new amendment where the adult entertainment
would be allowed to exist.
Commissioner Sanchez: Wait. Let me -- I've got to say a few words on
that. If the Chairman would allow me to speak?
Vice Chairman Gort: No, you already spoke.
Ms. Slazyk: This is going to reduce the area overall in the City where
adult entertainment establishments can locate.
Commissioner Teele: Are you adding any new areas?
Ms. Slazyk: No, no.
Commissioner Sanchez: Are you eliminating some areas?
Ms. Slazyk: We're eliminating...
Commissioner Sanchez: Because I'll tell you -- and I'll speak from
experience, and not only am I upset, but I guarantee you that a lot of the
residents in my district are upset with the -- and I'm not going to name
any names of companies that have -- that popped up, but we all know
where it's at because it's close by to the MRC (Miami Riverside Center)
Building, and I'm sure that each and every one of you drive by and see it.
See, those are the things that we can't allow to happen. We...
Ms. Slazyk: This will stop it. This increases, first of all, the distance
limitations between these establishments in the residential areas. So,
instead of 600 feet, they have to be 1000 feet away, and then it removed
C-2 properties. So, everything in red, in the top half there, is now
removed. They are not allowed there anymore.
Commissioner Sanchez: And that's where the problem came in on the C-
161 MARCH 23, 2000
•
2...
Ms. Slazyk: That's where the problem came in.
Commissioner Winton: -- following some studies on the issues that I did.
Ms. Slazyk: And there is residential right there.
Commissioner Sanchez: So, you're going to do away with the C-2?
Ms. Slazyk: We're doing away with the C-2, and we're increasing the
distance limitations in industrial.
Commissioner Sanchez: OK. So, just out of curiosity and information
provided to me, if the existing company that's there -- for whatever
reasons -- does not do well and they go out of business...
Ms. Slazyk: Six months, and they can't reopen.
Commissioner Sanchez: Has there been a...
Commissioner Winton: I move this.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Discussion? Anyone
in the public want to address this issue? Being none, all in favor state by
saying "aye."
Mr. Joel Maxwell (Assistant City Attorney): It's an ordinance. It's an
ordinance.
Vice Chairman Gort: Oh, an ordinance. I'm sorry. Read it. Call the roll.
Roll call. Thank you.
162 MARCH 23, 2000
•
An Ordinance Entitled —
v
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, BY AMENDING ARTICLE 4, SECTION 401 AND
ARTICLE 9, SECTION 937, IN ORDER TO ELIMINATE ADULT
ENTERTAINMENT ESTABLISHMENTS FROM THE C-2 ZONING
DISTRICT, AND TO MODIFY DISTANCE SEPARATION
REGULATIONS PERTAINING TO ADULT ENTERTAINMENT
ESTABLISHMENTS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECT DATE.
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 City Attorney.
Commissioner Winton: Could I make one more comment on that? Could
we ask the City Manager to make sure that this issue is back on -- even
though it's a PZ item -- is on our agenda for the next Commission
meeting?
Ms. Slazyk: For second reading?
Commissioner Winton: And the reason for that is because there are a
number of establishments that are...
Ms. Fernandez: Mr. Chairman, I believe that we are getting a waiver from
the City Attorney's office to have this on second reading on April 2.
163 MARCH 23, 2000
Vice Chairman Gort: PZ -10.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -10 is an
amendment to the SD -6 zoning district, which is primarily located up in
the Omni area. The way the district was written, there is no limitation on
the square footage of food stores, bakeries, delis, fruit and vegetable
markets, but there is a size limitation on grocery stores that cannot exceed
2,000 square feet. It seems to contradict itself and it doesn't seem to have
any reason. There is a grocery store that has been interested in locating
in this area. There are a lot of new residential units coming. We think
this is a necessary service and we would recommend.
Commissioner Winton: Move it.
Vice Chairman Gort: PZ -10. Is anyone here in opposition to address PZ -
10? Being none, there is a motion by Commissioner Winton. Is there a
second?
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and second. Discussion? Being
none, all in favor state by saying "aye."
Mr. Joel E. Maxwell (Assistant City Attorney): It's an ordinance. It's an
ordinance, sir.
Vice Chairman Gort: An ordinance. OK. Roll call.
164 MARCH 23, 2000
An Ordinance Entitled —
AN ORDINANCE AMENDING. NUMBER .11000, AS AMENDED,
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 6, SECTION 606.4 SD -6, CENTRAL COMMERCIAL
RESIDENTIAL DISTRICT, TO REMOVE THE LIMITATION ON
THE SIZE OF GROCERY STORES AS PERMISSIBLE USES
WITHIN THE SD -6 CENTRAL COMMERCIAL RESIDENTIAL
DISTRICT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; 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 City Attorney.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -11 is
the amendment to CBD (Commercial Business District), SDs 5, 6, and 7,
which all of our downtown districts regarding parking -- this is something
I think we've been asked for a long time to do and we finally did the study
to do it. This is to remove the maximum parking requirements in this area
and to establish minimums. We also put in, based on meetings with some
developers, who are very familiar with the parking requirements and what
they need in downtown, we put in some incentives for reductions of up to
-- between 10 and 50 percent for being located near .a Metro -rail or
165 MARCH 23, 2000
1
Peoplemover station or for directly linking into a Metro -rail or
Peoplemover. station, where you can reduce your parking if those things
are done. There was one proposal in here that we have since, you know,
spoken to developers about and they seem to find problematic, and that is,
when you're doing an adaptive reuse of an existing building, we had said
no parking required unless it's residential. We felt strongly that
residential should have parking spaces allotted to it. But when you look
at the potentials for adaptive reuses in the downtown area for residential,
this could really kill projects. And there are other alternatives. We have
been talking to the Department of Off -Street Parking and there are ways
you can get residential decals, even if you're living in a building where
there is no parking. So...
Commissioner Sanchez: So move.
Ms. Slazyk: We would -- we just want to remove that limitation for
residential.
Vice Chairman Gort: OK. I think it's important -- it's been moved and
second. And discussion. It's important that you come in front of DDA
(Downtown Development Authority). I'd like for you to also be at the
next meeting. Because some of the property owners in the downtown area
believe that -- they had a different impression what you're saying. And
like you stated, there are a lot of buildings right now that are being rehab
for housing, which would not have the parking facility and they would not
be able to comply.
Ms. Slazyk: Right. What I'd like to do here, at first reading is amend it
to remove that limitation.
Vice Chairman Gort: Right.
Ms. Slazyk: -- for adaptive reuse for residential to say -- to include it
with other uses that no parking would be required. And we'll have that
language by second reading.
Vice Chairman Gort: OK.
Commissioner Teele: Included in the motion and the second.
Vice Chairman Gort: OK.
Commissioner Teele: Mr. Attorney?
Vice Chairman Gort: Any further...
166 MARCH 23, 2000
Commissioner Teele: Mr. Chairman, I just want to say one thing. I really
do think that the staff has done an outstanding job. I don't know -- the
staff has done an outstanding job in this area. The whole concept of the
adaptive reuse in the downtown area is a very complicated, and there are a
lot of reasons why it doesn't work. And what we need to do is to give the
DDA and land owners -- the property owners all of the tools to try to
make it work. It really -- I'm a big stickler for having more parking and I
strongly believe that in the minority communities we've got to do that.
But, you know, when you think about it, if you have residential
downtown, at night you've got the whole town to park in, so why sort of
require something where you have an over abundance? What we don't
have is residential. I mean, we've got the whole town to park in. So, I
think it's not normal government thinking in the way you all are
approaching this, but it's certainly enlightened thinking and. I really
commend you all, and I would strongly support what the Chairman is
saying, that this needs to go to a workshop or a process at the DDA so
that everyone can have an understanding that's directly affected.
Vice Chairman Gort: Thank you. Any further discussion? An ordinance.
Read it. Roll call.
An Ordinance Entitled —
AN ORDINANCE AMENDING ORDINANCE NUMBER 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, BY AMENDING ARTICLE 4, SECTION 401, CENTRAL.
BUSINESS DISTRICT (CBD), SCHEDULE OF DISTRICT
REGULATIONS, AND ARTICLE 6, SECTIONS 605, 606, AND
607, TO MODIFY PARKING PROVISIONS FOR THE CBD
SD -5 (BRICKELL AVENUE AREA OFFICE RESIDENTIAL
DISTRICT); SD -6 (CENTRAL COMMERCIAL RESIDENTIAL
DISTRICT), AND SD -7 (CENTRAL BRICKELL RAPID TRANSIT
COMMERCIAL -RESIDENTIAL DISTRICT), ZONING DISTRICTS,-
CONTAINING
ISTRICTS;CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
167 MARCH 23, 2000
E
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 City Attorney.
Vice Chairman Gort: PZ -12.
Mr. Joel E. Maxwell (Assistant City Attorney): Twelve was continued.
Next is 13, Mr. Chairman.
Vice Chairman Gort: Excuse me?
Mr. Maxwell: 12 was continued. Next item is PZ -13.
Vice Chairman Gort: OK. PZ -13.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -13 is an
amendment to the text of the zoning ordinance in order to modify the
parking requirements for R-3 and R-4, and to add language requiring extra
parking for one bedroom units with additional spaces that can
accommodate additional bedrooms. This is cleaning up that den trick that
everybody does. You know, they come in with a one -bedroom unit with a
den, so they only have to do one parking space and then we're short. So,
this would clean up that language. What I -- there was an amendment
proposed to this at the Planning Advisory Board, which I thought I had in
here and it isn't here. I would like to ask you to approve this with the
amended language from the Planning Advisory Board, and we will have it
in the ordinance for second reading.
168 MARCH 23, 2000
Commissioner Teele: Mr. Chairman, I would like the privilege of moving
this. And I would like to state on the record that I do not have a conflict,
even though I endured and lived in one of these projects once that has the
quote "den" and doesn't have the parking. And by the time it got around
to the advertising, it was a two-bedroom unit. But when they were
permitted, they were one bedroom and a den.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Any further
discussion? Read the ordinance.
Mr. Maxwell: This is an ordinance, Mr. Chairman.
Commissioner Winton: Yeah. He said read it.
Vice Chairman Gort: I said read it.
Mr. Maxwell: I'm sorry. An ordinance -- I apologize. This is as
amended.
Vice Chairman Gort: Any further discussion? Roll call.
An Ordinance Entitled —
AN ORDINANCE AMENDING ORDINANCE
NUMBER 11000, AS AMENDED, ZONING
ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS, IN ORDER TO
MODIFY PARKING REQUIREMENTS FOR R-3, R-4
ZONING CLASSIFICATIONS, AND TO ADD
LANGUAGE, REQUIRING ADDITIONAL PARKING
FOR ONE BEDROOM UNITS WITH ADDITIONAL
SPACES, WHICH CAN ACCOMMODATE
ADDITIONAL BEDROOMS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
169 MARCH 23, 2000
was introduced by Commissioner Teele, seconded by Commissioner
Winton, 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 City Attorney.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -14,
what I've just handed out to you are the color aerials of the boundaries of
the entertainment specialty districts that we're proposing by this
ordinance. This is an amendment to the City code, which would remove
distance requirements with certain limitations, which I'll explain, for
these entertainment specialty districts within the downtown area. We're
proposing at the moment five districts, being the Brickell Village District,
Brickell Riverside District, Park West District, Media Entertainment
District, and the Overtown District.
Commissioner Sanchez: How many of these districts fall near. by
residential?
Ms. Slazyk: The -- well, the Brickell districts are not far from residential
projects, and the Overtown district.
Commissioner Sanchez: Well, we're talking across the street, maybe a
thousand feet.
Ms. Slazyk: Probably closer than that.
Commissioner Sanchez: Closer than that.
170 MARCH 23, 2000
Ms. Slazyk: Probably a little bit closer than that.
But what this --
what
these districts are
doing, which is different than
what was done
in the
beach is that -- I
mean, we learned from their
mistakes, OK?
They
enacted something
like this and they didn't put any cap on the number of
clubs that can come
in, and they didn't require the
type of special
permit
that we're going
to require, and the type of
information from the
applicants...
Commissioner Sanchez: Well, how do they do it in South Beach, if they
don't have the special exception?
Ms. Slazyk: Well, they remove the distances from us, but they didn't put
any caps on it. They have since amended their ordinance, and we actually
use their amended ordinance as the model for this one regarding Traffic
Plan and Parking Plan and Operational Plan. These things, we believe,
being given to us up front by the applicants are going to give us a little
bit more control or should I say we won't lose control of what's happening
in the district. Each one of these districts has a maximum cap of the
number of clubs that can come in. I'll read that to you: In the Brickell
Village, they can have six establishments. Brickell Riverside will be able
to have five. Park West will have 11. Again, we use the size of the
district and the average block size in the district to determine how many.
That's why park west has more. It's the biggest of the districts.
Commissioner Sanchez: Out of curiosity, how many are there currently
today?
Ms. Slazyk: There is one that is open today.
Commissioner Sanchez: Just one.
Commissioner Winton: In all of them.
Commissioner Sanchez: In all of them?
Ms. Slazyk: I'm not sure. I think in Brickell there is one also.
Commissioner Sanchez:' No. This is just one in all of the specific sites.
Only one has come in. Two.
Ms. Slazyk: Two. Two were approved as supper clubs, not with the
liquor, because they didn't meet the distance requirement from another
license.
Commissioner Sanchez: All right. Just to educate myself on the process
here. If someone -- let's say I wanted to open up a club, a jazz club. I
171 MARCH 23, 2000
would have to get a special exception. That means, I would have to go
public hearing; I would have to apply for an application fee, then I would
have to go out and hire an attorney to go in front of the -- or have
somebody represent me in front of the Zoning Board, is that correct?
Ms. Slazyk: You don't have to do that, but you can.
Commissioner Sanchez: I don't have to do that, but I would feel
comfortable, being that I'm not an attorney, hiring an attorney to go in
front of the Zoning Board, correct?
Ms. Slazyk: Yes. Typically, yes, but it's not required.
Commissioner Sanchez: And that's an exception.
Commissioner Sanchez: So, you know, I have always been one that I
think I would like to simplify the process, as long as, you know, if it's a
good process where -- in a Class II, what that does, it allows you...
Ms. Slazyk: The Planning Director, Ana.
Commissioner Sanchez: The planning director to be the first one to either
say nay or yeah, and then, of course, if there is a deny, then the appeal
process -- they would have to come in front of the Commission, where the
Commission would request a public hearing of surrounding people. You
know, I think that, if we're going to have all these sites and we want to
attract clubs in, we have to have an incentive, and along with that
incentive, we have to have strict guidelines, such as conditions, so the
conditions that apply in this ordinance are very, very good for the
ordinance. However, you know, after reviewing this, I would like to see
how you .feel if we change the special exception to a Class II permit.
Ms. Slazyk: Right. The reason we had put the special exception in there
is to have a public hearing upfront at the original approval. The Planning
Department wouldn't have any objections to changing that to a Class II, as
long as the rest of the criteria remains the same, an the rest of the
requirements. If we were to be able to see that parking study in the
Operational Plan and then if anyone feels, you know, aggrieved, they can
always appeal to the Zoning Board.
Commissioner Sanchez: Absolutely. The conditions still apply. You
know, the strict conditions, the Operational Business Plan, and our and
the parking plan, 3 capacity, over 300 persons, the security plan, the
sanitation plan, all those plans would still be in action. I just think that
by simplifying the process -- if the Commission would feel that we should
add a sunset clause of a year to attract night clubs to the area, I am
172 MARCH 23, 2000
willing to make a motion to change the special exceptions to a Class II
permit for this specific ordinance. So move.
Vice Chairman Gort: Wait. Hold it. Hold it. I think we have people that
want to address us. Before we go, let me ask you another question. How
about the Omni? The Omni is not included in that?
Ms. Slazyk: The Omni area right now is more of a...
Vice Chairman Gort: Biscayne Boulevard area with a less...
Ms. Slazyk: Yeah, the Biscayne Boulevard corridor...
Vice Chairman Gort: Where the "Les Violins" used to be.
Ms. Slazyk: Yeah. That is not one of the districts at this point. You
know, we weren't able to really study and see what the -- you know, how
many should be there, what the boundary should be.
Vice Chairman Gort: Well, somehow, I think you should go into the Omni
also because I understand there is type of development that will be going
into that area, and you've got some major buildings that would probably --
like to have that type of facility within the building.
Ms. Slazyk: Right. Well, within a building, they could come in by
special permit as an accessory, and they wouldn't necessarily need this.
It's a freestanding club that's got distance requirements from other liquor
establishments that needs this. If they come in as part of a hotel or a
residential project as an accessory to and within the building, they don't
need this.
Vice Chairman Gort: OK. But I'd like for you to look at the Omni also
because I understand that some people are 'interested in that.
Commissioner Winton.
Ms. Slazyk: OK. I'll take a look.
Commissioner Winton: Well, I was going to say in that regard,. the
interesting thing about the existing plan that's in front of us is that they
have picked certain zones where they know there is at least interest, an we
can expand these zones. We can add new zones. . We can do all kinds of
things once we learn the lessons from and mistakes that are obviously
going to happen at some point down the line.
Ms. Slazyk: That's a good point because almost every ordinance we find
some fine tuning we have to do in time, things we didn't anticipate.
173 MARCH 23, 2000
Vice Chairman Gort: OK. I understand there are several individuals that
would like to address this item.
Mr. Ben Fernandez: Good afternoon, Commissioners. Ben Fernandez,
representing Diamonds Back Entertainment, with law offices 200 South
Biscayne Boulevard.
Commissioner Sanchez: Excuse me. Ben, I think the Commissioners --
before you speak, there was a motion on the floor to accept...
Vice Chairman Gort: You want to make a motion before you hear from the
public?
Commissioner Sanchez: You're the Chairman.
Vice Chairman Gort: Thank you.
Mr. Fernandez: Thank you. What we're basically in agreement with.
Commissioner Sanchez' comments on the ordinance; however, I would
like to distribute a version of the ordinance which is virtually identical to
the changes that Commissioner Sanchez discussed. It creates the Class II
process, rather than the special exception process for these approvals.
But in addition, the two clubs that were mentioned earlier as being within
the Park West area, that have already been approved, that is almost a
correct statement, but for the fact that one of the clubs is permitted and
existing. The other one, which obtained zoning approvals on the same
evening, as the one that's in existence, has not yet been able to obtain its
building permit, and it doesn't exist yet. It's proved in theory, but it
doesn't exist yet. It has a special exception approval. In order to
recognize that club, the ordinance needs to contain a provision that
grandfathers any existing special exception or variance that has been
approved within the Park West district or any of these entertainment
districts, and I'd like to distribute that to you for... -- The language that is
in bold is the language that we're proposing as additional language to the
ordinance, and what it essentially does is grandfather any special
exception or variance that has been approved within only the
entertainment districts, entertainment specialty districts. That would
mean only two special exceptions as far as we know, the one for the
existing club space, and the one for our client's club that was approved on
the same evening.
Commissioner Winton: Do we run into any problems in...
Ms. Slazyk: Our only concern with that is that the ones that , are
grandfathered in -- the two that were approved as supper clubs were
174 MARCH 23, 2000
approved just as that, supper clubs, not with. the -- they had that limitation
that 51 percent of the sales had to be food. So they weren't approved as
the type of clubs where it could be the alcohol without .the food.
Therefore, we didn't review the things that we're asking for from the other
ones, which is a crowd control plan, a noise attenuation plan, -- you
know, we didn't review it under the same criteria that we think these
warrant. That's our only concern with them. Because they were approved
as separate clubs, where food had to be the primary sale, not the alcohol.
And now to switch to one -- to something else...
Commissioner Sanchez: No. They, would be grandfathered as supper
clubs. I mean that's it.
Ms. Slazyk: They would be grand fathered as supper clubs, not as. the
liquor establishments that we're talking about here. He's asking for the
opposite. He's saying...
Mr. Fernandez: If I may. The one -- the other club that was approved has
the exact -- identical approval and -- the supper club approval. And is an
existing nightclub, which is club space. In addition, we are willing to
provide any Operational Plan that the City would require, and we've
mentioned that to the City before at past meetings.
Commissioner Sanchez: Well, you're complicating the process here.
Vice Chairman Gort: Wait a minute. Let me ask a question. My
understanding is, there are two establishments that have supper clubs
licenses.
Ms. Slazyk: Yes, sir.
Vice Chairman Gort: If they want to convert, they would have to apply for
the other license because, under supper club, even if it's grandfathered in,
they would not be able to do the liquor license; am I correct?
Ms. Slazyk: Right. Yes. And once they applied, we would say that
whether you decide now that it's going to be a Class II or special
exception, whichever you decide they should go through because the
criteria is different. So, if you decide a Class II, then all they would need
is a Class II to convert.
Mr. Fernandez: The point is that the other club that was approved on the
very same evening before the Zoning Board for the identical use, which
was supper club use, is now in existence. This one would be in existence
but for the fact that they haven't been able to pull a building permit yet.
There is no difference between one club and the other club. They've
175 MARCH 23, 2000
discussed -- we discussed the security plan at the Zoning Board hearing.
We discussed all the things that are discussed in this ordinance at that
Zoning Board hearing. If it's not grandfathered by this ordinance, then
they have a problem in terms of -- they have to apply for a special
exception or Class 11 permit all over again.
Commissioner Sanchez: Get with our Planning and Zoning director and
see whatever you can work out.
Commissioner Regalado: But -- excuse me. Why is that difference
between one and another?
Ms. Slazyk: All right. Because the supper club, where the food has to be
51 percent...
Commissioner Regalado: I know that.
Ms. Slazyk: You know, Juan Gonzalez just also reminded me that, in the
supper club they have to have, you know, full meals, tables and chairs;
they have to provide seating for a certain amount of people, and if they
are going to remove that component to make it all a big dance floor and a
bar, and there may not even have to be any food, it's even a physically a
different plan, and we haven't seen it. And to convert from one to the
other without us ever taking a look at it just seems to me like there could
be problems because the criteria is different.
Commissioner Sanchez: My motion would not include the grandfather.
My motion is basically to change the class -- from special exception to
Class II and, instead of going to the Zoning Board, the director of
Planning and Zoning shall apply for the following supplement review
guidelines, criteria, in addition to the standard criteria for, Class 11
permits, as specified in section 1305 of zoning ordinance ,11000. So
move.
Vice Chairman Gort: OK. It has been moved. Is there a second? Who.
seconded it?
Commissioner Winton: I did.
Vice Chairman Gort: Winton. OK. Any further discussion?
Commissioner Teele: Discussion.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Mr. Bercow, did you see...
176 MARCH 23, 2000
Mr. Jeffrey Bercow: No, I haven't. Thank you. Commissioner, Mr.
Chair, Commissioners, Jeffrey Bercow, 200 South Biscayne Boulevard.
I'm Ben Fernandez' partner and I'd just like to try to put a bit of a human
face on the Diamond Back entertainment problem. Mr. Panton, who
couldn't be here today, is the owner of 16TH Northeast I ITH Street, and he
purchased the property back in the middle of 1999. It's located at the
corner of I 1 TH and Northeast 2ND Avenue. He purchased the property
based upon his faith in the area, plus the encouragement that he had
received from DDA (Downtown Development Authority) and the City
staff, that this was going to be an area that was going to be encouraged as
a media and entertainment district. Based upon that, he went forward. He
spent money on plans. He went to the Zoning Board, represented by Ben
in October of last .year or November, I believe, and at that time he got a
special exception for the supper club and a variance for parking. The one
thing that we cannot presently vary is the spacing requirements from
another alcoholic beverage use, and our problem is that we are located
within 1500 feet of another alcoholic beverage use. What's that alcoholic
beverage use? It's Tom Post Package Store.
Commissioner Winton: That isn't open.
Mr. Bercow: That isn't open, but it exists on paper.
Vice Chairman Gort: They have one bottle, I understand.
Mr. Bercow: It exists on paper, so we can't open.
Vice Chairman Gort: No, no. My understanding is, this new -- what we're
trying to implement here, they'll be able to open. We're limit it to 1500...
Mr. Bercow: I...
Vice Chairman Gort: What is it?
Ms. Slazyk: The appeal -- a Class II can be appealed. In a Class II, the
notice that's given is to the immediate adjacent property owners, and to
any neighborhood associations or groups or civic groups that are
registered with the Planning Department. Once a year they register with
us an they let us know who they are and we send notices on every Class II
to those groups, by NET (Neighborhood Enhancement Team) area, and to
immediately adjacent property owners. If any of those, after they get the
notice of their Class II, feel that this is something they want to appeal,
then they come and appeal it and it will go to the Zoning Board and then
it would come to you. So, you would see appeals.
177 MARCH 23, 2000
Vice Chairman Gort: My understanding, the problem that's being
presented to us is a specific case on northeast...
Ms. Slazyk: Oh, theirs...
Vice Chairman Gort: Right. Which state -- they have stated there is
someone that has a liquor license, although they are not operating it, it's
not there, would not allow these individuals to go into a nightclub.
Ms. Slazyk: There is nothing we can do about that. If someone has a
liquor license...
Commissioner Winton: Why?
Mr. Bercow: Well, you can. You can grandfather this establishment.
Vice Chairman Gort: Wait a minute.
Mr. Bercow: -- which got approved at the same time as club space.
Ms. Slazyk: Well -- OK. But it got approved as a place that had tables
and chairs and was more of a restaurant than a club.
Vice Chairman Gort: What you have to understand -- what I want you to
understand, the both of you --
Ms. Slazyk: The club space -- but they got their liquor license.
Vice Chairman Gort: -- if this is approved, you will have to maintain the
51percent restaurant and food service, and you have to have tables, you
have to have chairs, andyou cannot operate as a nightclub. That would be
-- that's the request to be grandfathered in. You would not be
grandfathered in as a nightclub, is my understanding of what they are
saying.
Commissioner Winton: What is the 1500? Whose rule is the 1500 foot
rule that....
Mr. Bercow: But I'm not...
Commissioner Winton: -- Mr. Post is abusing here?
Commissioner Teele: Oh, I don't think that's fair to say that.
Commissioner Winton: Yeah, right.
178 MARCH 23, 2000
Ms. Slazyk: It's in our ordinance.
Commissioner Winton: Maybe it isn't, but I'm saying it.
Ms. Slazyk: It's in our ordinance and that's what we're changing today.
So it won't matter anymore.
Vice Chairman Gort: OK. So my understanding is -- and this is what I
want you to understand. If we adopt this ordinance, what it does is, they
could be next door to each other but there is a cap, so it doesn't affect
you, on the contrary. That's why you don't need to grandfathefed in.
That's what this ordinance will do, allow "X" amount of establishment
within the district, and they could be next door to each other.
Mr. Bercow: I agree, but what we're trying to do is to not have to go
through the Class II special permit process.
Vice Chairman Gort: That is being changed.
Ms. Slazyk: No.
Commissioner Winton: No, it isn't. That's what he will have to do.
Mr. Joel E. Maxwell (Assistant City Attorney): No. No, no. No.
Vice Chairman Gort: That you'll still have to go through.
Commissioner Winton: Right. And it seems to me, Jeff, that we don't
have a lot of options here, and this is one option that we have and, yes,
it's a bit of a pain in the rear end for your client, but it is a real legitimate
option to get your client in the business that he wants to be in.
Ms. Slazyk: Yes.
Commissioner Winton: And the other process doesn't allow that.
Commissioner Sanchez: Johnny, this is basically an incentive. This is an
incentive to attract new nightclubs, jazz clubs, or whatever it may be to
this district. We have seven locations and right now we only have two
that have take -- they have taken add advantage of this opportunity. So,
this takes care of this -- this ordinance takes care of your problem.
Mr. Bercow: Right. We're certainly appreciative of the change to Class
II special permit.
Commissioner Sanchez: Exactly. However, on the -- it's not included in
179 MARCH 23, 2000
my motion but I would support it if somebody else includes it in my
motion.
Commissioner Teele: Well, let me -- I'm not sure I'm up to speed. I'm =-
on the basic issue of the Class II versus the special use, I'm not sure I'm
where Mr. Bercow is advocating. The motion itself is changing the staff
recommendation from --
Commissioner Sanchez: Special. Exception.
Commissioner Teele: -- special exception to Class II. Now, the impact of
that is simply to grant the planning director the administrative authority
to issue it, which that sounds good to me, but the notice provision seems
to be restrictive. Now, is the notice provision the same -- I mean, will
there be notice in the neighborhood, in the general neighborhood?
Commissioner Winton: Yes.
Ms. Slazyk: In the general neighborhood, yes. But there won't be a
newspaper ad and it won't be posted like a special exception. It will be
noticed to the neighborhood associations and to the immediately adjacent
property owners.
Commissioner Teele: And it won't be posted?
Ms. Slazyk: It doesn't get posted on the property for Class II.
Commissioner Winton: But it gets sent to the property owners?
Ms. Slazyk: It gets sent to the property owners.
Commissioner Winton: Because I get them.
Ms. Slazyk: Yes. And the NET Office -- also, there is a mandatory
referral to the NET Office, so they will always have them.
Commissioner Teele: Well, see my concern is this. This planning
director I'm totally comfortable doing that with. The next one, I don't
know.
Vice Chairman Gort: My understanding, Commissioner, my understanding
is, that's why you have certain criteria and guidelines that have to be
followed. If those criteria and guidelines are not followed, then they
cannot issue it. At the same time, anyone can appeal the decision and
they don't have to come in front of us.
180 MARCH 23, 2000
Commissioner Teele: But, see, my concern is not giving it to him. My
concern is making sure that the wrong ones don't get in, and that there is a
denial when it's appropriate. And the greater the notice, the greater the
potential that a bad one won't slip in. Now, I don't see it as being a
matter of earth shaking consequences right now, so I'm prepared to
support the motion, if the planning director will say that you're prepared
to vigorously enforce the intent of making sure the bad guys don't get in
and whatever this things says.
Ms. Ana Gelabert (Director, Planning & Zoning): We can go beyond that.
We can add as a condition that the notice would be as a special exception
and still go through the Class II.
Commissioner Teele: Would that be acceptable to you all?
Ms. Gelabert: It would still get the notification out, but then it does the
Class II, which in that way we can have both.
Commissioner Teele: Yeah. Now, that's very good. That's very good.
Because I think the whole idea here is, this is a unique use of property
and you don't want anybody to say that it sort of slipped through.
Somebody may be out of the country for the summer or something, but if
it gets posted, somebody is going to see it. So, I think if Commissioner
Sanchez, if you could accept that provision, as the director said, that it
will be a Class II, but the notice provision would be --
Ms. Slazyk: As per special exception.
Commissioner Sanchez: -- accepted in the ordinance.
Commissioner Winton: Second still.
Commissioner Teele: So -- now, the other question is -- Mr. Bercow's
issue that really, to me, is just unbelievable that, in Miami, in the year
2000, we can have someone, anyone that could block development in...
Commissioner Sanchez: This takes care of his problem.
Commissioner Teele: Well...
Mr. Bercow: Except for the fact that. we get treated differently than Club
Space. We just want to be treated the same way as Club. Space.
Commissioner .Sanchez: Well, but it takes care of your liquor license
problem.
181 MARCH 23, 2000
1i
•
Mr. Bercow: Provided we get the Class II special permit.
Commissioner Sanchez: Well, you've got to apply for it, yeah
Mr. Bercow: Right. But what we're saying is Club Space didn't have to.
We got approved as a supper club the same night they did, when they got
approved as a supper club. We want to be treated the same way.
Commissioner Winton: What, are they in violation of?
Mr. Juan Gonzalez: Juan Gonzalez, Planning and Zoning. No. Club
Space opened (inaudible) file issue liquor license. They are doing special
events that are non-profit to give away -- they are not in business yet.
Commissioner Teele: Who is?
Mr. Gonzalez: Club Space.
Commissioner Sanchez: They're non-profit?
Mr. Gonzalez: They are doing it in what they call under special events.
They do not have, an issued liquor license.
Vice Chairman Gort: What they do with this. If you get -- what you do is,
you get a non-profit to do an event....
Commissioner Teele: Who are you talking about?
Mr. Gonzalez: Club Space, right now, does not have...
Commissioner Winton: The club that's open.
Commissioner Teele: The new club that's open?
Mr. Gonzalez: The new club.
Commissioner Winton: Right.
Mr. Gonzalez: The new club. They don't have an issued liquor license
per se. They cannot get until this passes.
Commissioner Teele: So, they are out there on the cutting edge of -- do
we need a site visit of this thing to see how this is working? Mr.
Chairman, the only...
Vice Chairman Gort: I think right after this meeting, we should go over
182 MARCH 23, 2000
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this and check it out, and make sure...
Commissioner Teele: Mr. Chairman, we're really happy that they are
there. But, Mr. Chairman, the only question that I want to understand is
this. The license that is blocking everything is a license in a building
that's going to be a -- what do you call it, a take-out?
Mr. Bercow: It's a package store.
Commissioner Teele: A package store. But the package. store is not
opened.
Mr. Bercow: That's correct. It's just a license for a packaged store.
Commissioner Teele: This --
Commissioner Sanchez: This takes care of that problem.
Commissioner Teele: -- takes care of that problem.
Commissioner Sanchez: See, the argument here is made that there is 150
feet -- what is the it, .a 1000 -- what is -- 1500 feet apart from the
establishment. This entertainment district takes care of that.
Commissioner Winton: Can our Planning Department work extra hard to
expedite this special -.-
Ms. Slazyk: Yes.
Commissioner Winton: -- Class II permit for the club that's already been
at the table?
Ms. Slazyk: Yes. Instead of doing the referral to the NET Office and
waiting five days, we'll get an automatic comment. We'll expedite.
Mr. Joel E. Maxwell (Assistant City Attorney): Excuse me. Excuse me.
Commissioner Teele: Is this an ordinance? Is this first reading or second
reading?
Mr. Maxwell: If I may interrupt for one second, Mr. Chairman.
Vice Chairman Gort: Yes.
Mr. Maxwell: I would suggest that -- there is a pending application, if
they filed the application, the record simply reflect that it would be
183 MARCH 23, 2000
•
processed in the normal manner, yes.
Commissioner Teele: In the normal manner.
Mr. Maxwell: Yes.
Commissioner Sanchez: This is first reading.
Commissioner Teele: Is this first reading?
Commissioner Sanchez: Call the question.
r�
U
Mr. Maxwell: And that they not be given any particularly special
attention.
Commissioner Teele: So, when will this come back for second reading?
Ms. Slazyk: We could bring it back at the next regular agenda, April t3.
Commissioner Teele: I would recommend that. Can we bring it back on
the 14 -- on the 13?
Ms. Slazyk: Thirteenth.
Commissioner Teele: OK. All right. The only question that I have is
this. It's my understanding that this location has sold. So, when a
building sells, the ownership is transferred. Does the license stay with
the building or does the license -- how does that work?
Ms. Slazyk: It stays with the tenant.
Commissioner Teele: If the building has been sold, the person who has
the package store permit sold the building, so the building was sold.
Ms. Slazyk: The license stays -- can stay with the person. It doesn't go
with the property.
Mr. Bercow: Right. And it can be moved, what, 300 feet, right?
Ms. Slazyk: Three hundred feet it can be moved.
Mr. Bercow: And Tom Post has other properties, I believe, still within
300 feet.
Ms. Slazyk: Well, that won't matter anymore after this is passed.
184 MARCH 23, 2000
Commissioner Teele: OK. I just wish you all would make sure that we
don't create these kinds of windfalls, if we can, for people who -- you
know, in our Code because it seems to me that it should not just be a
license. But license in use or something. I mean, you know...
Ms. Slazyk: Yeah. Because of the special permit involved here, a person
would actually need both because the City permit, the special -- the Class
II special permit runs with the property, even though the liquor license
issued by the State runs with the tenant. So, it isn't going to be to
anyone's advantage to split the two. Because one runs with the land and
the other runs with the tenant.
Commissioner Winton: Is this not a requirement on the part of the State
that, if somebody has a liquor license, that they actually conduct business
within a certain period of time if they get a new liquor license?
Mr. Gonzalez: As far as I know, as long as they keep it active, they are in
business.
Vice Chairman Gort: My understanding is, the requirement is, you keep
one bottle. As long as you have one bottle on the stand that complies
with the State regulations. That's my understanding. OK. There is a
motion. There is a second. No further discussion. All in favor state by
saying "aye."
The Commission (Collectively): "Aye."
Ms. Slazyk: Just to clarify...
Mr. Maxwell: It's an ordinance.
Commissioner Sanchez: It's an ordinance.
Ms. Slazyk: To clarify, we're going to replace the special exception with
the Class II and we're going to make the notice as per special exception,
but the approval as per Class II.
Vice Chairman Gort: Right.
Mr. Maxwell: As amended. An ordinance of the Miami City Commission
amending chapter --
Commissioner Sanchez: Wait. Excuse me. Instead of the Zoning Board,
the director of Planning and Zoning?
Ms. Slazyk: Yes, the director of Planning And Zoning. That's the right
185 MARCH 23, 2000
•
name.
Vice Chairman Gort: Roll call.
Mr. Maxwell: As amended.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION,.
AMENDING CHAPTER 4, ARTICLE 1 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
ALCOHOLIC BEVERAGES; TO ESTABLISH "ENTERTAINMENT
SPECIALTY DISTRICTS WITHIN THE DOWNTOWN AREA
AND TO ESTABLISH CRITERIA FOR APPLICATION WITHIN
SAID DISTRICTS, MORE PARTICULARLY BY AMENDING
SECTIONS 4-2 AND 4-11; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner
wanton, 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 City Attorney.
Vice Chairman Gort: We only have a couple items. Thank you all for
being here.
Commissioner Regalado
Planning Department.
Vice Chairman Gort: Sure.
Mr. Chairman, if I can ask something to the
186
MARCH 23, 2000
Commissioner Regalado: I don't know if Ana or Lourdes -- I mean, I
really appreciate us -- will do... what you're doing with the districts and
nightclubs and all that, but we are not moving as we should on the adult
living facilities, and if -- I think the main mission of an elected official is
to safeguard the quality of life of neighborhoods, and you know what's
going on in Shenandoah is something -- let me tell you, some people --
probably Joel Maxwell will not like this -- but some people are about to
file suit against the City because of that. I'm sorry.
Vice Chairman Gort: They should file against the State.
Commissioner Regalado: I'm sorry?
Vice Chairman Gort: The State also.
Commissioner Regalado: No, no, no. I mean, who do you, think they are
going to file suit? Against the State? No, they won't. Look...
Vice Chairman Gort: My recommendation is that (inaudible).
Commissioner Regalado: Well, it doesn't change anyway -- I don't know,
Ana, what is it that we can do? Because there is a difference between six
and 13 patients and 18 patients, and if you drive by Shenandoah, you'll
find that more and more houses are being bought by people who really
like to make money. There is a problem also with some facility on
Southwest 20TH Avenue that use the day care of senior citizens, but now,
apparently, it's a halfway house, and it just changed and people are
walking around the neighborhood and, you know, panhandling and
harassing people. And although that's a police business that has been
taken care -- I mean, nothing is being done. So, I don't know what -- if
something we can do about it. You know,' I sat here and I voted for all
your plans, but eventually, I think that we have to do something because
without residents, we don't have a City.
Mr. Juan Gonzalez: Commissioner, Juan Gonzalez. Right now our
biggest impediment to this is chapter 419 of the State Statute, which
basically forces the City to accept up to 14 within 1200 feet of each
facility. That's what basically -- unless we can get Florida statutes 419
changed, where the City has a say within those 14 or less facilities within
1200 feet, we run into this problems where basically our hands are tied
behind our backs, as long as these facilities are 1200 feet from each other,
which is nothing. It's maybe two blocks away, and that's a problem.
Commissioner Winton: Why can't we change our zoning some way or
another?
187 MARCH 23, 2000
0
Mr. Gonzalez: Well, I believe -- Law Department knows.
Commissioner Winton: I mean, there has got to be a way to solve this
problem.
Mr. Joel E. Maxwell (Assistant City Attorney): Yeah. Well, what the
zoning administrator, Commissioner, is alluding to is the fact that the
statute specifically sets limitations on what the City can do in terms of the,
number of clients that a particular facility has, and if you -- unless you
exceed -- in this case 14 number of patients -- clients that they have -- the
State says that our regulatory power is extremely limited in those
situations. In fact, there is a bifurcated process for it, if you -- up to
seven or less than seven, they treat it just like a single family home.
There is nothing we can do. And from seven to 14, we have only
moderate regulatory power there.
Commissioner Winton: Well, there may -- then our hands may be tied in
terms of the ability for those establishments to get opened, but our hands
are not tied in terms of our ability to make sure that every single rule and
regulation that this City has in place is vigorously enforced.
Mr. Maxwell: Oh, you're right, Commissioner. In fact, one of the issues
that was pointed out -- well, the example that Commissioner Regalado just
used, I think is one of enforcement, where you indicated there was a
facility that unilaterally, it sounded like, from your comment, changed its
nature.
Commissioner Regalado: It changed use.
Mr. Maxwell: That's right. They cannot do that.
Commissioner Regalado: And nature, but it kept the license. And it kept
ongoing and -- that's a building. I mean, it's not a house. It's a building
with more than 50 patients.
Mr. Maxwell: No. That the City does have authority to regulate to make
sure that doesn't happen.
Commissioner Regalado: Well...
Vice Chairman Gort: Let me tell you. We were presented a map here about
two years ago, of all the facilities being built within the City of Miami,
and Commissioner Regalado is right on that. They are buying their
properties within our districts and doing this -- bringing all these events
here and we made a statement once, we don't want anymore. I mean,
unless the rest of the County has some, too.
188 MARCH 23, 2000
unless the rest of the County has some, too.
Commissioner Regalado: Because, you know, Mr. Chairman, it's the best
money making operation. You buy a house, you get seven, eight people,
ten people, then you get $575 dollar check. You give them twenty-five
dollars ($25) a month, you give them some food, you have some
employees. You pay the mortgage, and you make a lot of money. It's a
win/win situation for whoever buys that. And it's sad because -- and they
don't have the people to take care of these people. If you go to Southwest
16TH Street, you'll see the police picking up residents and bringing them
back to their home, which, by the way, the grandfathered, because, you
know, sometimes we refuse to grandfather something and we grandfather
other things, but that's OK. But we have to do something more than
enforcement. And I would really ask you, Mr. City Attorney, to do
something in terms of what can we present as legislation to...
Mr. Maxwell: Yes, sir.
Vice Chairman Gort: Couple of things that we have. I sent a letter -- the
DDA (Downtown Development Authority) sent a letter trying to'-- to the
confirmation of Jorge Perez as one of the board members. I'd like to
bring that up, please, to confirm Jorge Perez as a member of the DDA
board.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
189 MARCH 23, 2000
•
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 00-291
A RESOLUTION OF THE MIAMI CITY
COMMISSION CONFIRMING THE APPOINTMENT
OF AN INDIVIDUAL AS A MEMBER OF THE
BOARD OF DIRECTORS OF THE DOWNTOWN
DEVELOPMENT AUTHORITY FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, 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.
Vice Chairman Gort: Now, we need to -- the meeting on the 20th, we need
to change it. The meeting is going to be April the 20th, CDBG
(Community Development Block Grant) meeting. My understanding,
Commissioner Teele suggested the 25`h, April the 25tH
Commissioner Teele: At 2:00 p.m.
Vice Chairman Gort: At 2:00 p.m. Is that an agreement? Do I have a
motion?
Commissioner Teele: So moved.
190 MARCH 23, 2000
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.,
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 00-292
A MOTION RESCHEDULING THE SPECIAL
COMMISSION MEETING PREVIOUSLY
SCHEDULED FOR APRIL 20, 2000 AT 1 P.M. TO
NOW TAKE PLACE ON APRIL 25, 2000 AT 2 P.M.
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Good night you all. Have a good day.
191 MARCH 23, 2000
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE
CITY COMMISSION, THE MEETING WAS ADJOURNED AT 5:40 P.M.
ATTEST:
Walter Foeman
CITY CLERK
JOE CAROLLO
MAYOR
(SEAL)
192 MARCH 23, 2000