The URL can be used to link to this page

Home My WebLink AboutCC 2000-04-13 Minutesi s CITY OF MIAMI s CA '� ii�.T COMMISSION MEETING MINUTES OF MEETING HELD ON APRIL 13, 2000 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Foeman/City Clerk INDEX MINUTES OF COMMISSION MEETING April 13, 2000 ITEM NO. SUBJECT LEGISLATION 1. PROCLAMATION TO SOUTH FLORIDA PALM 4/13/00 SOCIETY IN APPRECIATION OF PALMS DONATED DISCUSSION FOR LEGION PARK. 1-2 2. (A) URGING UNITED STATES DEPARTMENT OF 4/13/00 IMMIGRATION AND NATURALIZATION SERVICES, R-00-293 ATTORNEY GENERAL JANET RENO, AND OTHER 2-5 FEDERAL OFFICIALS, TO GRANT ELIAN GONZALEZ DUE PROCESS OF LAW RELATED TO A DETERMINATION OF CUSTODY; (B) SCHEDULE LONG RECESS TODAY BEGINNING NOON DUE TO TENSE SITUATION IN CITY RE ELIAN GONZALEZ [SEE SEC. # 36-13] 3. RESCHEDULE SPECIAL COMMISSION MEETING 4/13/00 FROM APRIL 25, 2000 TO MAY 11, 2000 IN THE M-00-294 AFTERNOON TO CONSIDER COMMUNITY 5-8 DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. 4. RESCHEDULE SECOND MEETING IN JUNE TO 4/13/00 TAKE PLACE ON JUNE 29, 2000. R-00-295 8-9 5. CONSENT AGENDA - DISCUSS SECURITY 4/13/00 LIGHTING AT HENDERSON PARK COSTS. DISCUSSION 9-11 0 . 0 5.1 ACCEPT BID OF FLORIDA HYDRAMATIC 4/13/00 CORP., FOR AUTOMOTIVE TRANSMISSION R-00-296 REPAIR, EXCHANGE AND OVERHAUL 12 SERVICES, FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, $50,000; ALLOCATE FUNDS FROM GENERAL SERVICES ADMINISTRATION, LIGHT FLEET. 5.2 ACCEPT BID OF RECHTIEN INTERNATIONAL 4/13/00 TRUCKS FOR SCHOOL BUS, FOR DEPARTMENT R-00-297 OF GENERAL SERVICES ADMINISTRATION TO BE 12 UTILIZED BY DEPARTMENT OF PARKS AND RECREATION, $62,480; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM, "PARK VEHICLE ACQUISITION," PROJECT. 5.3 ACCEPT BID OF ASSET SECURITY SYSTEMS, 4/13/00 INC., FOR SECURITY SYSTEM, FOR R-00-298 DEPARTMENT OF POLICE, $31,981.87; ALLOCATE 13 FUNDS FROM POLICE GENERAL OPERATING BUDGET. 5.4 ACCEPT BID OF WEATHERTROL 4/13/00 MAINTENANCE, FOR REPLACEMENT OF R-00-299 POLICE HEADQUARTERS ROOM VENTILATION 13 SYSTEM, $6,971; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM.. 5.5 ACCEPT BID OF GANCEDO TECHNOLOGIES, 4/13/00 INC., FOR "HENDERSON PARK SECURITY R-00-300 LIGHTING PROJECT, B-6323," $7,215.58; 14 ALLOCATE FUNDS FROM SAFE NEIGHBORHOOD PARK BONDS, AS APPROPRIATED BY ORDINANCE NOS. 11705 AND 11839, ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES $7,215.58 THE CONTRACT COST AND $2,082.34 EXPENSES, TOTAL ESTIMATED COSTS OF $9,297.92. 5.6 ACCEPT BIDS FOR AERIAL BUCKET TRUCK 4/13/00 REPAIR SERVICES, FROM ALTEC INDUSTRIES, R-00-301 INC., $4,575, AND BAKER EQUIPMENT 15 ENGINEERING, $52,095.94, AND A PROVISION FOR SPECIAL ITEMS $2,000, FOR A TOTAL AMOUNT NOT TO EXCEED $58,670.94, FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM. 5.7 AUTHORIZE FUNDING OF NEAT STUFF, INC., 4/13/00 ALLOCATE FUNDS $25,000, FROM THE LAW R-00-302 ENFORCEMENT TRUST FUND. 15 5.8 GAME TABLES FOR MAXIMO GOMEZ 4/13/00 ("DOMINO PARK"), FROM WAUSAU TILE, R-00-303 UTILIZING EXISTING STATE OF FLORIDA 16 NEGOTIATED AGREEMENT, FOR DEPARTMENT OF PARKS AND RECREATION, $7,904.20, AND CUSTOMIZATION AND FREIGHT SERVICES, $1,915; NOT TO EXCEED TOTAL AMOUNT OF $9,819.20; ALLOCATE FUNDS FROM SAFE NEIGHBORHOOD PARK BOND PROGRAM, CAPITAL IMPROVEMENT PROJECT AS APPROPRIATED BY ORDINANCE NOS. 11705 AND 11839, THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES. 5.9 AUTHORIZE ALLOCATION OF $8,260 FROM 4/13/00 COMMUNITY DEVELOPMENT BLOCK GRANT R-00-304 FUNDS, FOR REHABILITATION OF SANTA FE 17 SUPERMARKET IN LITTLE HAVANA TARGET AREA, IN CONJUNCTION WITH COMMERCIAL CODE COMPLIANCE PROGRAM. 6. WAIVE REQUIREMENTS FOR COMPETITIVE 4/13/00 NEGOTIATIONS, RATIFY, APPROVE, CONFIRM R-00-305 MANAGER'S FINDING THAT IT IS 17-19 ADVANTAGEOUS AND PRACTICABLE TO NEGOTIATE MANAGEMENT AGREEMENT WITH FLORENCE LITTHCUT INNER-CITY CHILDREN'S CORPORATION, FOR MANAGEMENT OF PORTION OF HADLEY PARK FOR PUBLIC, CULTURAL, EDUCATION AND RECREATIONAL OPPORTUNITIES. [SEE SECTION # 21 ] 7. DEFER CONSIDERATION OF KPMG EXTERNAL 4/13/00 AUDITING FIRM, PRESENTATION OF THE DISCUSSION MANAGEMENT LETTER FINDINGS TO THE CITY 20 COMMISSION TO MAY 11 MEETING DURING CDBG DELIBERATIONS. 8. TABLE CONSIDERATION OF PRESENTATION BY 4/13/00 GREATER MIAMI CONVENTION AND VISITORS DISCUSSION BUREAU [SEE SECTION # 34] 21 9. DISCUSS AND TABLE CONSIDERATION OF 4/13/00 GOOMBAY FESTIVAL FEE WAIVERS AND DISCUSSION ALCOHOLIC BEVERAGE PERMITS. [SEE SECTION 21-26 # 36] 10. EMERGENCY ORDINANCE: AMEND CHAPTER 4/13/00 2/ARTICLE V OF THE CODE ORDINANCE "ADMINISTRATION/CONFLICTS OF INTEREST," TO NO. 11908 ALLOW CITY EMPLOYEES TO PARTICIPATE IN 26-28 AFFORDABLE HOUSING PROGRAMS ADMINISTERED BY THE CITY OF MIAMI THROUGH . THE HOME INVESTMENT PARTNERSHIP PROGRAM AND STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM. 11. EMERGENCY ORDINANCE: AMEND SECTION 5 OF 4/13/00 ORDINANCE 11705; REVISING PREVIOUSLY ORDINANCE APPROVED CAPITAL IMPROVEMENT PROJECTS; NO. 11909 AND ESTABLISHING NEW CAPITAL 28-29 IMPROVEMENT PROJECTS TO BEGIN DURING FY 2000. 12. SECOND READING ORDINANCE: ESTABLISH 4/13/00 SPECIAL REVENUE FUND: "CALI ENFORCEMENT ORDINANCE GROUP INITIATIVE," AUTHORIZE EXPENDITURES, NO. 11910 $51,143, CONSISTING OF GRANT FROM MONROE 30-31 COUNTY SHERIFF'S OFFICE. 13. SECOND READING ORDINANCE: AMEND 4/13/00 ORDINANCE 11286, WHICH ESTABLISHED INITIAL ORDINANCE RESOURCES AND APPROPRIATIONS FOR SPECIAL NO. 11911 REVENUE FUND "TRAINING / ENTREPRENEURIAL 31-32 FUND"; AUTHORIZE APPROPRIATION OF ORDINANCE ADDITIONAL $100,000; POLICE TO ACCEPT NO. 11913 MONIES FROM TRAINING ACTIVITIES TO BE 33-35 DEPOSITED IN SPECIAL REVENUE FUND AND EXPEND FOR PRODUCTION AND DEVELOPMENT 4/13/00 OF LAW ENFORCEMENT TRAINING SEMINARS, ORDINANCE COURSES AND FOR RELATED EQUIPMENT. NO. 11914 14. SECOND READING ORDINANCE: ESTABLISH NEW 4/13/00 SPECIAL REVENUE FUND: "MIAMI-DADE ORDINANCE COUNTY EMS GRANT AWARD (FY '99-00)," NO. 11912 APPROPRIATE FUNDS $116,857.10 CONSISTING OF 32-33 A GRANT APPORTIONED BY MIAMI-DADE COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH "GRANT PROGRAM FOR COUNTIES." 15. SECOND READING ORDINANCE: AMEND CODE 4/13/00 SECTION 38-8 "PARKS AND RECREATION / IN ORDINANCE GENERAL," TO ESTABLISH RENTAL RATE FOR NO. 11913 NON-PROFIT ORGANIZATIONS AT MANUEL 33-35 ARTIME COMMUNITY CENTER. 16. SECOND READING ORDINANCE: ESTABLISH NEW 4/13/00 SPECIAL REVENUE FUND: "FEMA/USAR GRANT ORDINANCE AWARD (FY 2000)," APPROPRIATE FUNDS $150,000 NO. 11914 CONSISTING OF GRANT FROM FEDERAL 35-36 EMERGENCY MANAGEMENT AGENCY, FOR PURCHASE OF EQUIPMENT, TRAINING, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE PROGRAM. 17. SECOND READING ORDINANCE: AMEND / ADD 4/13/00 NEW CODE SECTIONS 2-861 THROUGH 2-862 ORDINANCE "ADMINISTRATION/BOARDS, COMMITTEES, NO. 11915 COMMISSIONS/GENERALLY," SERVICES 37-39 PROVIDED BY OFFICE OF CITY CLERK TO BOARDS, COMMITTEES APPROPRIATE FUNDS, $75,000. 18. DESIGNATE CATEGORY CLASSIFICATION FOR 4/13/00 PROVISION OF ADMINISTRATIVE SUPPORT R-00-306 SERVICES BY OFFICE OF CITY CLERK FOR 39-40 BOARDS, COMMITTEES. 19. FIRST READING ORDINANCE: IAMEND 4/13/00 ORDINANCE 10021, INITIAL RESOURCES AND FIRST READING APPROPRIATIONS FOR LAW ENFORCEMENT ORDINANCE TRUST FUND, INCREASE $2,000,000, AS A RESULT 40-41 OF ADDITIONAL FORFEITURE ACTIONS. 20. (A) FIRST READING ORDINANCE: AMEND 4/13/00 ORDINANCE 10021, INITIAL RESOURCES AND FIRST READING APPROPRIATIONS FOR THE LAW ENFORCEMENT ORDINANCE TRUST FUND, INCREASE $2,000,000, AS A RESULT 41-45 OF ADDITIONAL FORFEITURE ACTIONS. (B) ADJUST ORGANIZATIONAL CHART TO FULLY COMPLY WITH LEGAL REQUIREMENTS FOR TAXES AND FEES. 21. DISCUSS FLORENCE LITTHCUT INNER-CITY 4/13/00 CHILDREN'S CORPORATION, FOR MANAGEMENT DISCUSSION OF PORTION OF HADLEY PARK FOR PUBLIC, 45-46 CULTURAL, EDUCATION AND RECREATIONAL OPPORTUNITIES - SAFE NEIGHBORHOOD PARKS - [SEE SECTION # 6] 22. AUTHORIZE MANAGER TO EXECUTE 4/13/00 AMENDMENT TO MANAGEMENT AGREEMENT, R-00-307 WITH LATIN AMERICAN GOURMET 46-49 RESTAURANT, INC., FOR CONCESSION AREA AT PAUL WALKER PARK, 46 WEST FLAGLER STREET. 23. AUTHORIZE AMENDMENT TO PROFESSIONAL 4/13/00 SERVICES AGREEMENT WITH DR. SHELDON R-00-308 ZEDECK, $80,000, FOR CONSULTING SERVICES OF 49-51 JOB ANALYSIS, TEST DEVELOPMENT, SCORE ANALYSIS, AND SELECTION PROCEDURE REVIEW, FOR DEPARTMENT OF HUMAN RESOURCES TO BE UTILIZED BY POLICE DEPARTMENT; ALLOCATE FUNDS FROM DEPARTMENT OF HUMAN RESOURCES. 24. AUTHORIZE MANAGER TO ISSUE REQUEST FOR 4/13/00 PROPOSALS FOR INSTITUTIONAL VIRTUAL R-00-309 PRIVATE NETWORK THAT UTILIZES 51-52 ASYNCHRONOUS TRANSFER MODE ("ATM") TECHNOLOGY, PROVIDES CONNECTIVITY TO SPECIFIED CITY SITES, PROVIDES HIGHLY SECURE AND REDUNDANT CONNECTIVITY TO SPECIFIED MISSION CRITICAL SITES, AND PROVIDES VOICE, DATA, AND VIDEO SERVICES; FUNDS FROM GENERAL OPERATING BUDGETS OF VARIOUS DEPARTMENTS. 25. DEFER BOARD MEMBER APPOINTMENTS. 4/13/00 M-00-310 53-54 26. DEFER CONSIDERATION OF LOAN 4/13/00 SUBORDINATION FOR REGIS HOUSE, INC. M-00-311 54-57 27. DISCUSS MIAMI-DADE COUNTY SECTION 108 4/13/00 LOAN FOR THE PARROT JUNGLE AND GARDENS DISCUSSION PROJECT ON WATSON ISLAND. 58 28. IN-KIND SERVICES TO SUNRISE SERVICES ON 4/13/00 VIRGINIA KEY EVENT ON EASTER SUNDAY, R-00-312 COSTS BE MADE PART OF THE RESPECTIVE 58-63 DEPARTMENT'S BUDGETS; MANAGER TO USE DISCRETIONARY POWER UP TO $4,500 - FACILITATE SOUND EQUIPMENT [SEE SEC. # 35] 0 1 0 29. DREDGE MIAMI RIVER, A FEDERAL PROJECT TO 4/13/00 BE UNDERTAKEN BY U.S. ARMY CORPS OF R-00-313 ENGINEERS; MIAMI-DADE COUNTY AS LOCAL 63-65 PROJECT SPONSOR. 30. ENDORSING REVITALIZATION OF BICENTENNIAL 4/13/00 PARK -- INITIATE PLANNING PROCESS FOR R-00-314 REDESIGN TO INCLUDE MEMBERS OF THE 66-71 GENERAL PUBLIC, CITY STAFF, OUTSIDE CONSULTANTS, PARKS ADVISORY BOARD, WATERFRONT BOARD, BAYFRONT PARK MANAGEMENT TRUST, MAYOR OF THE CITY, THE DOWNTOWN DEVELOPMENT AUTHORITY, THE URBAN ENVIRONMENTAL LEAGUE, AND OTHER INTERESTED PARTIES. 31. DISCUSS BRIEFLY COMMUNITY RELATIONS 4/13/00 BOARD MEETINGS. [SEE SEC. # 33] DISCUSSION _ 71 32. DISCUSS CITY SIDEWALK NEEDS - REPAIRS AND 4/13/00 NEW ONES TO BE BUILT. DISCUSSION 71-72 33 DISCUSS BRIEFLY COMMUNITY RELATIONS 4/13/00 BOARD [SEE SEC. # 31] DISCUSSION 73 34. MANAGER: TO WORK WITH GREATER MIAMI 4/13/00 CONVENTION AND VISITOR'S BUREAU CHAIRMAN DISCUSSION ADOLFO HENRIQUEZ, EXECUTIVE DIRECTOR 73-79 WILLIAM TALBERT, COUNTY MANAGER MERRETT STIERHEIM, AND BUSINESS LEADERS IN RESPONSE TO GROWTH IN NEW HOTELS IN MIAMI TO IDENTIFY AND NEGOTIATE INCREMENTAL DOLLARS TO FACILITIES AND ACTIVITIES THAT WILL ENHANCE OUR COMMUNITY. 35. COMMENTS RE SUNRISE SERVICES ON VIRGINIA 4/13/00 KEY EVENT ON EASTER SUNDAY [SEE SEC. # 28] DISCUSSION 79-80 36. (A) GRANT MIAMI BAHAMAS GOOMBAY 4/13/00 FESTIVAL IN COCONUT GROVE, INC. WAIVER OF R-00-315 CERTAIN PERMIT FEES -- AUTHORIZE PERMIT FOR R-00-316 SALE OF ALCOHOLIC BEVERAGES [SEE SEC. # 9] 80-91 (B) SCHEDULE FOR FUTURE CONSIDERATION THE SPONSORSHIP OF CITY EVENTS PER DISTRICT - STANDARDIZATION (C) REQUEST PRESIDENT OF THE UNITED STATES, THROUGH THE FEDERAL EMERGENCY MANAGEMENT ACT, DECLARE A STATE OF EMERGENCY FOR PURPOSES OF REIMBURSING THE CITY AND ANY OTHER PARTICIPATING LOCAL GOVERNMENTAL ENTITIES FOR EXPENDITURES INCURRED IN CONNECTION WITH THE ELIAN GONZALEZ PROTESTS AND DEMONSTRATIONS [SEE SEC. # 2] 37. IDENTIFY $100,000 TO BE CONSIDERED AT A 4/13/00 FUTURE MEETING FOR POSSIBLE DEPOSIT AT M-00-317 LITTLE HAITI-EDISON FEDERAL CREDIT UNION. 91-92 38. ACCEPTING DONATION FROM XAVIER CORTADA 4/13/00 OF ART "THE GUANTANAMERO" TO THE TOWER R-00-318 THEATER. 93-94 39. EXEMPT FILMING "IN THE SHADOWS," FROM 4/13/00 PROHIBITIONS AND RESTRICTIONS RELATED TO R-00-319 LEVEL AND HOURS OF NOISE IN CODE SECTIONS 94-95 36-4(A) AND 36-5(A) [SEE SEC. # 53] 40. REQUEST INPUT FROM MIAMI RIVER 4/13/00 COMMISSION PRIOR TO ANY CONSIDERATIONS R-00-320 OF MIAMI CITY COMMISSION RESOLUTIONS OR 95-97 ORDINANCES IMPACTING THE MIAMI RIVER. 41. DISCUSS TRAFFIC STUDY OF ALLAPATTAH 4/13/00 PRODUCE MARKET - IMPLEMENT - ALLOCATE DISCUSSION FUNDS - PLANNING AND DEVELOPMENT TO 97-99 PARTICIPATE IN TASK FORCE. 42. DISCUSS WORKSHOP, RE RESTRUCTURING OF 4/13/00 CHARTER REVIEW AND REFORM COMMITTEE. DISCUSSION 99 43. APPOINT FRANK LENGYEL AS MEMBER OF CODE 4/13/00 ENFORCEMENT BOARD [SEE SEC. # 51 AND 56] M-00-321 100-101 44. DEFER CONSIDERATION OF PROPOSED CABLE 4/13/00 TELEVISION ORDINANCE, WHICH WAS M-00-322. ADVERTISED TO BE CONSIDERED ON THIS DATE, 101-103 BUT NOT INCLUDED AS PART OF TODAY'S CITY COMMISSION AGENDA. 45. SECOND READING ORDINANCE: AMEND ZONING 4/13/00 ORDINANCE 11000 TO ELIMINATE ADULT ORDINANCE ENTERTAINMENT ESTABLISHMENTS FROM C-2 NO. 11916 LIBERAL COMMERCIAL ZONING DISTRICT AND 103-109 MODIFY DISTANCE LIMITATIONS WITHIN I INDUSTRIAL DISTRICT. 46. SECOND READING ORDINANCE: AMEND CODE 4/13/00 SECTIONS 4-2 AND 4-11 TO ESTABLISH ORDINANCE "ENTERTAINMENT SPECIALTY DISTRICTS" TO NO. 11917 ALLOW NIGHTCLUB, SUPPER CLUB AND BAR 110-111 USES (ALCOHOLIC BEVERAGES) WITHIN DOWNTOWN AREA. 47. WAIVE REQUIREMENTS FOR COMPETITIVE 4/13/00 NEGOTIATIONS, RATIFY, APPROVE, CONFIRM R-00-323 MANAGER'S FINDING THAT IT IS 111-116 ADVANTAGEOUS AND PRACTICABLE TO NEGOTIATE MANAGEMENT AGREEMENT FOR PUBLIC HEALTH, FITNESS AND RECREATIONAL PROGRAMS AT THE VIRRICK GYM, 2600 SOUTH BAYSHORE DRIVE; AUTHORIZE MANAGER TO EXECUTE MANAGEMENT AGREEMENT WITH YMCA OF GREATER MIAMI, INC. 48. WAIVE REQUIREMENTS FOR COMPETITIVE 4/13/00 NEGOTIATIONS, RATIFY, APPROVE, CONFIRM R-00-324 MANAGER'S FINDING THAT IT IS 116-118 ADVANTAGEOUS AND PRACTICABLE TO NEGOTIATE AGREEMENT FOR MANAGEMENT OF PUBLIC, WATER -ORIENTED, RECREATIONAL PROGRAMS AT VIRRICK GYM, 2600 SOUTH BAYSHORE DRIVE; AUTHORIZE MANAGER TO EXECUTE MANAGEMENT AGREEMENT WITH SHAKE -A -LEG MIAMI, INC. 49. APPOINT ROBERT FLANDERS AND CARLOS 4/13/00 ARBOLEYA, SR. AS MEMBERS OF THE PARKS M-00-325 ADVISORY BOARD [SEE SEC. # 54] R-00-325.1 118-120 50. APPOINT ANGEL URQUIOLA AS MEMBER OF THE 4/13/00 ZONING BOARD. R-00-326 120-121 51. APPOINT PAUL DEHESA AS MEMBER OF CODE 4/13/00 ENFORCEMENT BOARD [SEE SEC. # 43 AND #56] M-00-327 121-122 52. APPOINT REY MARTINEZ AS MEMBER OF 4/13/00 HISTORIC AND ENVIRONMENTAL R-00-328 PRESERVATION BOARD - WAIVE RESIDENCY 122-123 REQUIREMENT. 53. BRIEF DISCUSSION OF NOISE WAIVER FOR 4/13/00 FILMING "IN THE SHADOWS" [SEE SEC. # 391 DISCUSSION 123-124 54. BRIEF DISCUSSION RE PARKS ADVISORY BOARD 4/13/00 APPOINTMENTS [SEE SEC. # 49] DISCUSSION 124-125 55. ANNOUNCE GROUNDBREAKING CEREMONY FOR 4/13/00 HADLEY PARK SENIOR CENTER. DISCUSSION 125 56. APPOINT ARLES CARBALLO AS MEMBER OF 4/13/00 CODE ENFORCEMENT BOARD [SEE SEC. # 43 AND R-00-329 #51] 125-126 57. DISCUSS OPENING OF TOWER THEATER - NEED 4/13/00 TO ACCOMMODATE LIVE.SHOWS [SEE SEC. # 38] DISCUSSION 126-128 58. i DISCUSS MIAMI-DADE COUNTY COMMISSION 4/13/00 INTENT NOT TO FUND ANY MORE COMMUNITY DISCUSSION DEVELOPMENT BLOCK GRANT PROGRAMS IN 128-129 THE CITY OF MIAMI NOR IN THE CITY OF MIAMI BEACH. 59. COMMENDATION OF POLICE RE SENSITIVE 4/13/00 HANDLING OF DEMONSTRATIONS AND PROTEST DISCUSSION IN CONNECTION WITH ELIAN GONZALEZ 129 CUSTODY DEVELOPMENTS. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 131h day of April 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 9:36 a.m. by Vice Chairman Wifredo 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) Commissioner Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Donald Warshaw, City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Sylvia Lowman, Assistant City Clerk Vice Chairman Gort: It's 9:36. We need to get going. We'll have the invocation by Commissioner Sanchez and the pledge of allegiance by Commissioner Regalado. An invocation was delivered by Commissioner Sanchez, followed by Commissioner Regalado leading those present in a pledge of allegiance to the flag. Vice Chairman Gort: OK. First we'll have the supplemental agenda, which we have — Commissioner Winton has a proclamation. Commissioner Winton: OK. We're going to postpone this until the chairperson has time to get here, if you all don't mind. 1 April 13, 2000 Vice Chairman Gort: I have two certificates of appreciation, but the individuals are not here, so we're going to wait until later on. Anyone else? Vice Chairman Gort: I'd like to ask at this time that the — if you all agree — I want to ask for the resolution from our Law Department to be presented today. A resolution to Janet Reno, to the Federal Government, requesting, once again, to please give Elian Gonzalez due process of law. We all know, in any custodian case within the United States, that the events that takes place is to go to the court; the judge listens to both parties; the judge looks at both environments where the individual is going to live, and then the judge makes the decision on what they believe is the best for this kid. And I'd like to pass a resolution one more time to see if we can get maybe the Federal Government to allow the due process of all, which is so important in this country. Do I have a motion to (inaudible)? Commissioner Regalado: So moved. Vice Chairman Gort: Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Discussion? Commissioner Regalado:. Discussion. Vice Chairman Gort: Yes, sir. Commissioner Regalado: Mr. Chairman, like you said, again, we're appealing to the Federal Government who is the entity that has the power to decide an issue that has involved all our communities. This is why I am respectfully requesting from the Commission that — because today is a crucial day; that because today there are deadlines and there are major announcements to be made, that this Commission would recess at noon and convene whenever the Commission desires to do the rest of the work. The reason is that it is for me — or I think for all the members of the Commission, while there is a situation that is evolving in the City of Miami that the members of the Commission should be and could be whenever they feel they should be, and it would seem to me that it's very awkward to be sitting here discussing important issues, but issues that are not related to this event during the afternoon hours. We hope that nothing happens. And Commissioner Sanchez well said in his prayer, that we all look forward to a peaceful resolution. However, it is important that the elected officials of this City have the 2 April 13, 2000 possibility of being whatever they choose to be. So, I respectfully request, if this is possible, that we recess this Commission meeting and defer the rest of the items for whatever the Commission desires to do. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Commissioner Teele. Commissioner Teele: On your motion, and on Commissioner Regalado's comments — on your motion, it's my understanding that this Commission is - you are, as the Vice Chair — the Chair of the Commission, are proposing that the City of Miami support the due process of — and that is something that has been coordinated with the City Attorney, I'm sure — and I want to be on record as strongly supporting that resolution that you've proffered. I also, at the appropriate time, would like to comment in support of the comments that Commissioner Regalado just made, but I think that should be a separate motion that he's proposing. Without undue time on this issue, Mr. Chairman, I think this is a matter of great moment and consequent to a large percentage of the citizens of the City of Miami and I think the resolution that you're proffering is a statement of support, within the context of the constitution and the law, and I encourage this Commission to support your resolution and to move forward on that. Vice Chairman Gort: Any further discussion on the resolution? 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. 00-293 A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING THE UNITED STATES DEPARTMENT OF IMMIGRATION AND NATURALIZATION SERVICE, ATTORNEY GENERAL OF THE UNITED STATES JANET RENO, AND OTHER FEDERAL OFFICIALS TO GRANT ELIAN GONZALEZ DUE PROCESS OF LAW RELATED TO A DETERMINATION O CUSTODY WHICH YIELDS RESULTS THAT ARE IN THE BEST INTERESTS OF ELIAN GONZALEZ. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3 April 13, 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: Thank you. Commissioner Teele: Mr. Chairman, I would like the privilege of seconding the motion by Commissioner Regalado, and on discussion of his motion. Vice Chairman Gort: Discussion. Commissioner Teele: There is no question that the business of the City Commission must go forward, and I think that's something we all should take seriously as Commissioners, but I think we'd be blind to note that the moment that we're in now is of great consequence to a large majority — a large percentage of the citizens of Miami. Elected representatives that are affected by any civil or natural crisis should be with their constituents, and I certainly would hope — again, in the spirit of the way collegiality should work — that if there were a circumstance of great moment and consequence in the community that I represent or any other Commissioner —Commissioner Winton's unique district, that we would all understand the importance that elected leaders should be with their constituents at a moment of crisis, at a moment of great need. This is always an awkward thing, but I think one of the worse things that we could do would be to ask Commissioners to debate a strip club, which is one of the items on the agenda today, in the midst of actions that may spend, in any direction — and that's not the kind, I think, of leadership that we want to set. So, out of respect for the circumstances of this community and recognizing that elected leaders — in this case, at least two or three — three who are in a district — should have the right to be where they choose to be, and to be conferring with the constituents that they choose to. I think it is the appropriate thing for this Commission to recess at noon today, and to take up the further business of the Commission at a date to be determined by the Chair. Vice Chairman Gort: Further discussion? Gentlemen, if you all look at today's agenda, if we move quickly, I think we could have this agenda done by 12 o'clock so I don't see any problem. Commissioner Winton: That's what we should be striving for. 4 April 13, 2000 Vice Chairman Gort: OK. There is a motion. An amendment to the motion. Let me ask you a question. We have an item certain. It's to be heard at 5 o'clock today, which is of significance importance to all of us. If — hopefully, God willing and the miracle takes place and nothing has happened at 2 o'clock, can we come back at 5 o'clock to listen to that one item? Can we ask that... Commissioner Teele: What's the item? Mr. Alejandro Vilarello (City Attorney): Commissioner, you have the PZ items and the three items that were advertised time certain at 5:30 involving Shake -A -Leg and the YMCA (Young Men Christian Association). Commissioner Teele: Well, I'm going to defer to the Commissioners that represent the district, but I'm going to say this: If any Commissioner is not going to be present because of his duties or representing the district, I'm going to be -- respectfully, not be present at that time either. I think... Vice Chairman Gort: That's why I'm asking the question. If, hopefully, God willing, a miracle takes place and nothing happens and the deadlines are extended, can we then come back at 5 o'clock? Mr. Vilarello: Commissioner, just one more procedural issue, just so that the Commission understands. Each of those items requires a four/fifths vote. Commissioner Teele: Commissioner could we — rather than debate this now, could we look at this at 11:45 and see where we are? Vice Chairman Gort: All right. Commissioner Teele: If we could just table the motion that's on the... Vice Chairman Gort: Okey Doke. Consent Agenda. Is there any one item that any one Commissioner would like to vote? Commissioner Sanchez: Mr. Vice Chair? Vice Chairman Gort: Yes, sir. Commissioner Sanchez: If I may just bring something out, order of the day. Is the CDBG (Community Development Block Grant) meeting scheduled for, I believe, the 25t'9 I would be out of town and I respectfully request that we do it the first week of 5 April 13, 2000 May, possibly the 9th, reference, I will be out of town on business, and also would like to be briefed before. So, if it's okay with my colleagues, I would move to hold it or reschedule it for May the 9th. I believe that the administration supports it. Commissioner Winton: Which one is that? Commissioner Sanchez: That's the CDBG meeting that we have... Commissioner Teele: The one that is scheduled for April the 25th. Commissioner Sanchez: Twenty-fifth, yes. Commissioner Teele: Let me ask you this. Is there any way we could do it on the 20 — oh, no, no, no. Could we shoot? Vice Chairman Gort: Let me ask from staff. Do we have any... Commissioner Sanchez: Any time the first week of May. Commissioner Teele: I second the motion. Vice Chairman Gort: ...time concern? No. OK. Mr. Donald Warshaw (City Manager): No. But if we have to make that decision today because we're scheduled to advertise, I believe (inaudible). Commissioner Winton: So, you're looking at — what time again, which week? Commissioner Sanchez: May the 2nd. Whatever time you would like. Commissioner Winton: May the 2nd you said? Commissioner Sanchez: I mean — I'm sorry. The- 9th. May the 9th. Commissioner Winton: Yeah, I won't be in town. I'm out of the country. Commissioner Teele: See, I'm scheduled to be out of the country on the 9th Commissioner Sanchez: How about the first week of May, anytime on the first week? Commissioner Teele: What about May the 11th? Are you going to be back for the l Ith? Commissioner Winton: I'm having them bring my calendar here right now. Mr. Walter Foeman (City Clerk): May the l Ith is a regular meeting. 6 April 13, 2000 • 0 Commissioner Teele: I know, but we can — you know, the Commission can change that, OK. So, that's what we're going to vote on. Vice Chairman Gort: I don't have any problem with May. Commissioner Sanchez: Eleventh? Commissioner Teele: You have a problem with the 1 lth, Johnny? Commissioner Winton: No, I have no problem with the 11th Commissioner Teele: Mr. Chairman — I mean, Commissioner Sanchez, would you make that the afternoon of May the 11th? In that way, we'll just set aside the entire afternoon. No other items will come up on May the 1 Ith in the afternoon, but CDBG items. Commissioner Winton: And we'll work on regular Commission agenda in the morning. Commissioner Teele: And the regular Commission meeting in the morning. Commissioner Winton: Perfect. Great. Commissioner Sanchez: So moved for... Vice Chairman Gort: OK. There's a motion and a second. Any further discussion? Being none... Commissioner Sanchez: For May the 11th, afternoon. Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 00-294 A MOTION RESCHEDULING THE SPECIAL COMMISSION MEETING IN CONNECTION WITH COMMUNITY DEVELOPMENT BLOCK GRANT PRIOR YEAR FUNDING REALLOCATIONS WHICH WAS PREVIOUSLY SET FOR TUESDAY, APRIL 25, 2000, BEGINNING AT 2 P.M., TO NOW TAKE PLACE IN THE AFTERNOON OF MAY 11, 2000. 7 April 13, 2000 Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Vice Chairman Gort: I need to change -the meeting of the 22„d of June. I'm going to be out of town on the 22nd of June. Can we make it on the 15th Commissioner Regalado: I have no problem. Vice Chairman Gort: Either the 15th or the 29tH Commissioner Sanchez: Yes. Commissioner Winton: I could do either date. Vice Chairman Gort: Commissioners, the 15th or the 29th? Commissioner Regalado: Either date. I don't... Commissioner Teele: I prefer the 29th Commissioner Winton: I can do either one. Commissioner Regalado: Twenty-ninth? Vice Chairman Gort: OK. Commissioner Sanchez: Twenty-ninth., Vice Chairman Gort: I need a motion to change the meeting then. Commissioner Teele: So moved, Mr. Chairman, that the meeting schedule for the 22nd be 8 April 13, 2000 L rescheduled for the... Commissioner Sanchez: Twenty-ninth.' Commissioner Teele: ...29"' of June. • Vice Chairman Gort: It's been moved and second. Is there any further discussion? Being none, all in favor state by saying,"aye." The Commission (Collectively): "Aye.:" The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-295 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF JUNE TO TAKE PLACE ON JUNE 29, 2000, COMMENCING AT 9:30 A.M. (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: Any items that want to be pulled — any items that are on the Consent Agenda? Any items on the Consent Agenda? I do have a question. Item 5, and it's just a question. i Mr. Donald Warshaw (City Manager): ;CA -5? 9 April 13, 2000 Vice Chairman Gort: Right. The law has been — and this is something that happened in the past. It's about 24 percent of what 'was budgeted for them, and when I look at all the others that came in, this is very, very low. So, I'd like to find out if that person performs at that... Mr. Warshaw: At this price? Vice Chairman Gort: At that price Mr. Raul Martinez (Assistant City Manager): Commissioner, you're inquiring about CA - 5? Vice Chairman Gort: CA -5. Cost estimate, thirty thousand dollars ($30,000). The lowest bid was seven thousand dollars ($7,000). Either we made a big boo-boo in our estimate — this is the Henderson Park Security Lighting.Project. Mr. John Jackson (Acting Director, Public Works): Right. This is a new company that — company has not done business with in''Secent years that were for our records... Vice Chairman Gort: Yeah. There is a, great difference. It's 24 percent of... Mr. Jackson: Right. You know... Mr. Warshaw: Is the question whether ;or not the company can perform the job? Vice Chairman Gort: Can do it — 1: mean, we estimate it at thirty thousand dollars ($30,000), the cost of doing that. They come with a bid of seven thousand dollars ($7,000). 1 don't want to approve that bid now, for them to come and say, "Hey, I couldn't make it." Mr. Warshaw: The only way to answer that is to say that, although the bid is low, they're saying they could do it for that price, and I assume we've evaluated and determined that... Vice Chairman Gort: OK. Mr. Warshaw: ...that's the price that.. Commissioner Teele: So moved, Mr. Chairman. Mr. Warshaw: ...(inaudible) in the City. Mr. Martinez: Commissioner, if I may. add. The other bids that came in also came way under thirty thousand dollars ($30,000), and maybe it has to do with our cost estimate too, to begin with. 10 April 13, 2000 Commissioner Teele: So moved, Mr. Chairman. Mr. Martinez: At the end you may be right, and this company might not be able to perform, but we have to give them the opportunity being the lowest bidder.. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: OK. Let's look into that. It's been moved and second.. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Vice Chairman Gort: Unanimous. NOTE FOR THE RECORD: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. Thereupon motion duly made by Commissioner Teele and seconded by Commissioner Winton, the consent agenda items were passed by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 11 April 13, 2000 r RESOLUTION NO. 00-296 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF FLORIDA HYDRAMATIC CORP., FOR THE PROVISION OF AUTOMOTIVE TRANSMISSION REPAIR, EXCHANGE AND OVERHAUL SERVICES, ON AN AS NEEDED CONTRACT BASIS FOR ONE YEAR, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT A TOTAL PROPOSED ANNUAL AMOUNT NOT TO EXCEED $50,000, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM GENERAL SERVICES ADMINISTRATION, LIGHT FLEET DIVISION, ACCOUNT CODE NO. 503001.420905.6:670, SUBJECT TO AVAILABILITY OF FUNDS FOR SUCCEEDING FISCAL YEARS. RESOLUTION NO. 00-297 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF RECHTIEN INTERNATIONAL TRUCKS, .FOR THE PROCUREMENT OF ONE . (1) COMPLETE 65 -PASSENGER SCHOOL BUS, PURSUANT TO INVITATION FOR BIDS NO. 99-00-072, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION TO BE UTILIZED BY THE DEPARTMENT OF PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $62,480; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM, "PARK VEHICLE ACQUISITION", PROJECT NO. 3 313 68.5 893 01.6.840. 12 April 13, 2000 RESOLUTION NO. 00-298 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF ASSET SECURITY SYSTEMS, INC., PURSUANT TO INVITATION FOR BIDS NO. 99-00- 081R FOR THE PURCHASE AND INSTALLATION OF AN ACCESS CONTROL SECURITY SYSTEM, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $31,981.87; ALLOCATING FUNDS THEREFOR FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270. RESOLUTION NO. 00-299 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING .THE BID OF WEATHERTROL MAINTENANCE, PURSUANT TO INVITATION FOR BIDS NO. 99-00-012 'FOR THE REPLACEMENT OF THE ROOM VENTILATION SYSTEM FOR THE SWITCHGEAR ROOM AT THE POLICE HEADQUARTERS BUILDING, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $6,971; ALLOCATING FUNDS THERFOR FROM THE CAPITAL IMPROVEMENT PROGRAM ACCOUNT CODE NO. 312025.299301.6.830. 13 April 13, 2000 RESOLUTION NO. 00-300 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF GANCEDO TECHNOLOGIES, INC., FOR THE "HENDERSON PARK SECURITY LIGHTING PROJECT, B-6323", IN THE PROPOSED AMOUNT, OF $7,215.58; ALLOCATING FUNDS THEREFO FROM ,THE SAFE NEIGHBORHOOD PARK BONDS PROJECT NO. 331356, AS APPROPRIATED BY ORDINANCE NOS. 11705, AS AMENDED, AND 11839, THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, IN THE AMOUNT OF $7,215.58 THE CONTRACT COST AND $2,082.34 EXPENSES, TOTAL ESTIMATED COSTS OF $9,297.92; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 14 April 13, 2000 RESOLUTION NO. 00-301 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), ACCEPTING BIDS PURSUANT TO INVITATION FOR BIDS NO. 99-00-073, FOR THE PROCUREMENT OF AERIAL BUCKET TRUCK REPAIR SERVICES, ON A SHORT TERM CONTRACT BASIS FROM ALTEC INDUSTRIES, INC., FOR ITEM NO. 1-D, IN THE AMOUNT OF $4,575, AND BAKER EQUIPMENT ENGINEERING, FOR ITEM NOS. 1-A, 1-B, 1-C AND 1-E, IN THE AMOUNT OF $52,095.94 AND A PROVISION FOR SPECIAL ITEMS IN THE AMOUNT OF $2,000, FOR A TOTAL AMOUNT NOT TO EXCEED $58,670.94, FOR THE DEPARTMENT O GENERAL SERVICES ADMINISTRATION; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 311702.429401.6.670. RESOLUTION NO. 00-302 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF NEAT STUFF, INC., AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $25,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002, AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. 15 April 13, 2000 • RESOLUTION NO. 00-303 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT AND INSTALLATION OF GAME TABLES FOR MAXIMO GOMEZ ("DOMINO PARK"), FROM WAUSAU TILE, UTILIZING EXISTING STATE OF FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE NO. 2101242, EFFECTIVE THROUGH AUGUST 27, 2000, SUBJECT TO FURTHER EXTENSIONS BY THE STATE OF FLORIDA, FOR THE DEPARTMENT OF PARKS AND RECREATION, IN THE AMOUNT OF $7,904.20, CUSTOMIZATION AND FREIGHT SERVICES, IN THE AMOUNT OF $1,915, NOT TO EXCEED THE TOTAL AMOUNT OF $9,819.20; ALLOCATING FUNDS THEREFOR FROM THE SAFE NEIGHBORHOOD PARK BOND PROGRAM, CAPITAL IMPROVEMENT PROJECT NO. 333110 AS APPROPRIATED BY ORDINANCE NOS. 11705, AS AMENDED, AND 11839, THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES. 16 April 13, 2000 0 RESOLUTION NO. 00-304 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF $8,260 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT NO. 799613, FOR THE REHABILITATION OF SANTA FE SUPERMARKET LOCATED IN THE LITTLE HAVANA TARGET AREA, IN CONJUNCTION WITH THE COMMERCIAL CODE COMPLIANCE PROGRAM, IN WHICH SAID ALLOCATION REPRESENTS 70% OF THE TOTAL COST AND THE PROPERTY OWNER IS TO PROVIDE A 30% MATCH. Vice Chairman Gort: Item 2, management agreement between the City of Miami for... Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: ...Inner City children. It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: Any further discussion? Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: On this item, I would like the opportunity -- what manager do you report to? Ms. Florence Litthcut: John Lindsay. 17 April 13, 2000 Commissioner Teele: I would like the opportunity, Mr. Manager, to meet with you and Mr. Lindsay on these items. I think one of the things that we need to understand is that culture loses money. Culture loses money all over this country, and you cannot apply a culture standard to say like the baseball academy over there at -- where is that baseball academy that we -- huh? Vice Chairman Gort: They are all over.• They are all over the place. Commissioner Teele: But you've got one right there at - going to the airport. Vice Chairman Gort: Grapeland? Commissioner Teele: Grapeland. I mean, you know, you've got -- I don't know how much money you all are generating on that, but that is a standing room only concessionaire's dream, OK. And what I'm saying is that we've got to make sure that culture facilities, which lose money, even in New York they lose money -- at least they used to -- are applied to a standard, and this is the same thing that we talked about with the Tower Theater and these other things, where the City is going to wind up putting money in, and that's the only thing that I want to be very mindful of. Because it's my understanding that this is a first culture facility that we've done in the entire Parks Department, is that right, Mr. Ruder? Mr. Albert Ruder (Director, Parks & Recreation): Albert Ruder. Yes, that's right. Commissioner Teele: So, I -- you know, we're -- I want to ensure that we make sure that we apply the right standards as we move forward with our culture facilities. I know that, you know, we've put mill -- hundreds of thousands -- millions of dollars of funds into other theaters, which I've always supported, because culture costs money. That's the price of civilization. It's culture. So, I just want to make sure that we are mindful of that. Thank you, Mr. Chairman. Vice Chairman Gort: Thank you. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 18 April 13, 2000 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-305 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, WAIVING THE REQUIREMENTS FOR COMPETITIVE NEGOTIATIONS, AND RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT IT IS ADVANTAGEOUS AND PRACTICABLE FOR THE CITY MANAGER TO NEGOTIATE A MANAGEMENT AGREEMENT WITH FLORENCE LITTHCUT INNER - CITY CHILDREN'S TOURING DANCE COMPANY, INC., A NON-PROFIT CORPORATION, FOR THE MANAGEMENT OF A PORTION OF HADLEY PARK FOR THE PURPOSE OF PROVIDING PUBLIC, CULTURAL, EDUCATION AND RECREATIONAL OPPORTUNITIES TO ALL SEGMENTS OF THE COMMUNITY, WITH AN INITIAL TERM OF SEVEN (7) YEARS. (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. 19 April 13, 2000 Vice Chairman Gort: Item 3. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: No. It's a presentation by KPMG (Klynveld, Peat, Marwick, Goerdler). You want to delay that? Commissioner Teele: Mr. Chairman, I would ask that this item be delayed and would be brought forward as a part of the Community Development activities, as well. Because there are so many of -- I was with the Manager's office yesterday for an hour and a half. There are so many issues that are -- interplayed between Community Development and City budgets.. One of the issues, for example, parking, which has been on.one budget, which should be on this budget, and we're asking the auditors to look at it. I wish the auditors would come forward, at least, and put their names on the record. Commissioner Sanchez, I know that you have looked at this and are you ready to move on it today or would you like to defer it? Commissioner Sanchez: No, I would like to defer it. Mr. Donnovan Maginley: OK. Donnovan Maginley with KPMG, Audit Senior Manager. Commissioner Teele: Do you have a problem delaying this until the -- April the -- May the 11 or whatever... Mr. Maginley: Not a problem. Mr. Warshaw: And just for the record -- I mean, the management letter has been issued. It's a matter of public record, so it's not a problem. to have this presentation atany time that's convenience for the Commission. Vice Chairman Gort: OK. Commissioner Sanchez: OK. Mr. Maginley: OK. Thank you. Vice Chairman Gort: Thank you. 20 April 13, 2000 Vice Chairman Gort: Item 3A is personal appearance of the chairman of the Greater Miami Convention And Visitors Bureau. So, we can do that next meeting. Mr. Donald Warshaw (City Manager): I think this was scheduled for 11 a.m. time certain. Vice Chairman Gort: Let's give them a call and tell them we'll do it at 1 1 o'clock. Well, if they are going to be here at 11:00, we'll listen to them. Vice Chairman Gort: Item 3B... Mr. Warshaw: For 11 o'clock? Mr. Warshaw: Adolfo Enrique, I think, is scheduled -- Vice Chairman Gort: OK. Fine. Mr. Warshaw: -- for 11. Vice Chairman Gort: We'll wait for him until 11 o'clock. Item 3B would like to request before the City Commission meeting for the purpose of residents' street closure, restriction of peddlers from Dorothy E. Lee, and this Miami/Bahamas Goombay Festival. Yes, ma'am. Is there any objection from the department? None. Good morning. Commissioner Teele: Is Commissioner Winton been briefed -- Commissioner Winton, are you comfortable with this item? Commissioner Winton: Well, there is a request -- the City has a recommended approval for everything that's -been requested, and this gets back to the whole issue again that we discussed, I think, at the last Commission meeting, over fees that the City charges for people putting on festivals and parades and all those kinds of things. And, so, it's again, going to come before us and I'm hoping that we get a very clear cut policy so that there is no confusion on the part of the public, in terms of what the City will do and won't do. Commissioner Sanchez: Mr. Vice Chair, we have discussed this, I think, since I've been here, almost a year and eight months it's going on. Every 21 April 13, 2000 time something like this comes up, we basically decide to put something in writing, where all the parades and festivals are all going to get equal treatment so we could just get over this. Because, you know, it just takes time. Every time something like this comes, we should put a budget, and we've agreed on this on several occasions, to put together a budget for these great events that really make our City what our City is, and have funding provided for them, all the assistance they possibly need. Of course, we would have to come to an understanding with the promoters or the organization personnel and the City on this issue. Vice Chairman Gort: Commissioner, my understanding is, that's been done by the administration. At least, I have in my office -- Commissioner Sanchez: It has been done? Vice Chairman Gort: -- I have a request from the administration requesting which festival I would like to sponsor within my community. So, I'm sure that each one of you received one. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: Could we recognize the president of the organization? Vice Chairman Gort: Of course. Yes, ma'am. Ms. Dorothy Lee: Dorothy P. Lee, 3459 Persivil Avenue, Coconut Grove. I would like to know what approval, with conditions means? Vice Chairman- Gort: OK. Is there a motion? Are you in agreement with the recommendation? Is there a motion? Commissioner Teele: She wants to know what are the conditions? Commissioner Winton: Well, she wants to know -- right. Mr. Manuel Diaz: Manuel Diaz, NET Coordinator. That the festival abide by insurance requirements; that the festival abide by identification for those minors so they can't purchase alcohol. Same that we do every year. Ms. Lee: Oh, OK. Commissioner Winton: And no fee waivers, it says Don't -- that isn't the 22 April 13, 2000 • only denials here. Mr. Diaz: Correct. Mr. Diaz: I'm sorry. I didn't hear that. Commissioner Winton: There is also a denial for waiver of fees. Mr. Diaz: Right. Commissioner Winton: But you didn't say that. Mr. Diaz: Fora waiver of fees. I'm sorry. Commissioner Teele: Mr. Chairman? Ms. Lee: Which fees are you talking about? Commissioner Teele: Right. Good question. You know what I'd like to do, Mr. Chairman, with all due respect to you. I'd ask that this item be temporarily passed for 15 minutes, and let them sit down and meet and discuss this. I don't think it's fair for the Commission to have to be involved in a discussion that really should take place between the staff and the -- you know, that's just not fair. The other issue I want to put on the table is that we've got to eliminate the dual standards. Now, every black organization that comes if here has to go by the book. Calle Ocho, we had Street closures. I don't remember voting on it. I remember at the last minute before somebody stood up and said, "did we ever approve the Calle Ocho street closure?" but it was not presented on the agenda as an item. New Year's Eve there was street closures all Overtown, which I don't remember approving. I'd like to see it. I'm not objecting to the street closures. I want to be very clear. I'm not objecting to Calle Ocho. I'm not objecting to big time. I'm not objecting to anybody. What I want to make sure is that we have one standard. The Martin Luther King Goombay Festival should not be held to one standard and others -- and if I'm wrong, I'm wrong. And I'll apologize, you know, if I'm wrong. I don't remember everything, but it just seems to me that the street closure issues are something that we ought to be able to have a standard on and maybe we can approve those as a matter of ordinance. I don't have a problem of approving the Calle Ocho street closures by ordinance, so that it doesn't even have to come up. The other issue, Mr. Chairman, is this. It's fine to say district by district, and I agree, but there ought to be a discussion of this Commission of what are the events that are of great importance to this community. Calle Ocho should have all of the support that it needs. without a district Commissioner having to say, you know, I'm using my districtship for Calle Ocho or whatever that is. There are some things -- the 23 April 13, 2000 Three Kings Parade, the Martin Luther King Parade. There are some -- I would put Goombay Festival in this category, which is the largest festival of its kind in the United States, you know. So, what I think is, it's fine to talk district, Commissioner, but we also ought to talk City of Miami impact, and there are some things -- not everything, but there are some things that rise to the occasion that I don't think we could argue about, like the Three Kings Parade, like Martin Luther King, like Calle Ocho, that should be a part of a package that moves forward in our budget ordinance every year. So, that's my issue. Vice Chairman Gort: Commissioner, I agree with you, but I think we did took a vote on that and there are certain one that's we voted on. Also, Calle Ocho, thank God, does not need any assistance, on the contrary. They pay quite a bit to the City for the services. Mr. Attorney, I think you want to make a statement. Mr. Alejandro Vilarello (City Attorney): Simply, that the street closures are authorized by the City Manager. That's probably why you don't have those -- it's the fee waiver, peddler restrictions, and alcoholic beverages, which are required to get Commissioner approval. Vice Chairman Gort: But the question is -- and I know we voted on that at one time. They are not here for street closures. That is done automatically by the Manager, am I correct? Mr. Vilarello: Correct. Vice Chairman Gort: They are here for the fee waiver Commissioner Teele: It's not done automatic. It's done by the Manager. Mr. Vilarello: Yeah, it's done by the Manager. The street closure. Commissioner Winton: And that isn't one of the issues for denial. Mr. Diaz: No, sir. Mr. Chairman, if I could point out that this budget that is submitted is last year's budget. We're scheduled to meet with the promoters of the Goombay Festival this morning. Vice Chairman Gort: Why don't you go ahead and meet with them and bring it back later on with the specifics, so they are aware of -- OK? Mr. Diaz: Because they were scheduled to meet with all the members of the City staff this morning over at the MRC (Miami Riverside Center), and they'll be meeting with them and we'll be able to give you more of a definitive budget. 24 April 13, 2000 Vice Chairman Gort: Okey doke. Thank you. Mr. Raul Martinez . (Chief of Police): Mr. Chairman, may I say something? We submitted to the Commission on, about 6 to 8 weeks ago, asking exactly the same questions you're asking, for you to tell us which festival do you want to sponsor for next year so we can budget for it? And this festival, for example, cost last year over sixty thousand dollars ($60,000) that they pay for it, off duty officers, Fire, Solid Waste, so on and so forth. So, once you tell us that information for next year's budget, should you decide to approve in-kind services, we'll budget sixty thousand dollars ($60,000) for this festival. . Commissioner Teele: But, Raul, I've gone through their budget. They went bankrupt last year paying the City. They owe right now over fifty thousand dollars ($50,000) to vendors because they had to pay the City the money, and what I'm saying to you is, I don't know that a city should put itself exactly first. We ought to try to do some type of partnership with them. These people -- Ms. Lee -- personally, I went and checked it out -- she personally borrowed against her retirement to pay the City the money last year. That's not where I want to be. Mr. Martinez: You know, Commissioner, there is no argument on that issue. The argument is, since it wasn't budgeted for this year, we want to make sure that, for next year, if we're going to sponsor for this event, that we budget it. So, it's not an issue of who eats the costs. Commissioner Winton: Well, then, frankly, there is going to be a discussion about -- from a public policy standpoint -- whether or not government should use taxpayer dollars to pay for these kinds of events. And I think that's a discussion that needs to be held. And, frankly, I'm not convinced, from my personal standpoint, that that's a role that government ought to have, particularly in a city where we've got the highest tax rate that's imposed on all of our citizens all over this -- the highest tax rate in the entire -- in terms of total fees and taxes -- in the entire State. So, that's a big issue that I think needs to be discussed. Mr. Martinez: Mr. Chairman, since today's agenda is kind of crowded with the outside issues, can we bring this back to the next Commission meeting? They are meeting today with Police, with Fire, with Solid Waste. We'll meet with the promoter and come back on the 27th with a recommendation. Commissioner Winton: Does that work for you? Vice Chairman Gort: When is the event to take place? When is the event 25 April 13, 2000 • to take place? Mr. Martinez: It's June 3rd and 4th Ms. Lee: In June. June 3rd and 4th Mr. Diaz: In June. Ms. Lee: And we need to know. Vice Chairman Gort: OK. All right. v Mr. Martinez: And on the 27th -- we should have enough time between April 27th and June 3rd and 4th to bring it back and the Commission will decide on what, if any, they are going to pay for. Commissioner Winton: Well, it sounds to me like they are going to -- you know, that -- the time frame -- you know, they really are in a box here. You really need -- you need enough time to plan your budgeting process here, and they don't have much time at all. So, frankly, I think that you need to have this meeting this morning so we know what the real issues are and can make some decisions, and I'd rather it get back here, if we could. Vice Chairman Gort: Right. Ms. Lee: Right. Vice Chairman Gort: Try to bring it back, if possible, OK? Thank you, ma'am. They are going to get together with .you so you can... Vice Chairman Gort: Item 4, emergency ordinance. Amending the section 2-612. Commissioner Teele: So moved, Mr. Chairman. Commissioner Sanchez: Second. Vice Chairman Gort: They moved. Is there a second? 26 April 13, 2000 Commissioner Sanchez: Second. Vice Chairman Gort: Any discussion? Being none, all in favor state by saying "aye." Mr. Walter Foeman (City Clerk): It's an emergency ordinance. Commissioner Sanchez: Read the ordinance. Vice Chairman Gort: Read the ordinance. OK. Call the roll. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION /CONFLICTS OF INTEREST", TO ALLOW EMPLOYEES OF THE CITY OF MIAMI TO PARTICIPATE IN THE VARIOUS AFFORDABLE HOUSING PROGRAMS ADMINISTERED. BY THE CITY OF MIAMI THROUGH THE HOME INVESTMENT PARTNERSHIP PROGRAM AND STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM WITHOUT SEEKING A WAIVER THEREFOR, SUBJECT TO SAID EMPLOYEE MEETING CERTAIN CRITERIA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Teele and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner 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 Teele and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: 27 April 13, 2000 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11908. Commissioner Teele: What kind of notice is provided? Mr. Vilarello: This requires -- this is an addition to the amendment that we made last year to allow employees that meet the criteria, approved by the City Manager, for their participation. This expands the nature of the programs. Independent of that, Commissioner, I don't have any additional notice requirements. Commissioner Teele: I'll take it up with you later. Vice Chairman Gort: Four -A, emergency ordinance amending capital appropriation. You all have it in front of you. Commissioner Teele: So moved, Mr. Chairman. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Any further discussion? Call the roll. I mean, read the ordinance. Commissioner Sanchez: I't's an ordinance. Vice Chairman Gort: Roll call. Thank you. 28 April 13, 2000 An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 5 OF ORDINANCE NO. 11705, AS AMENDED, AND ORDINANCE NO. 11839, BY REVISING PREVIOUSLY APPROVED CAPITAL IMPROVEMENT PROJECTS; AND ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FY 2000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Teele and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner 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 Teele and seconded by Commissioner Sanchez, 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. The ordinance was read into the record by the City Attorney. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11909, 29 April 13, 2000 Vice Chairman Gort: Item 5, Cali Enforcement Group, by accepting fifty- one thousand dollars ($51,000) Commissioner Sanchez: So moved. Commissioner Teele: Second. Vice Chairman Gort: It's been moved. Is there a second? Any further discussion? Any discussion? Being none, read the ordinance. Call the roll. AN ORDINANCE. OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "CALI ENFORCEMENT GROUP INITIATIVE," BY ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS, AND AUTHORIZING EXPENDITURES FOR THE OPERATION OF SAME, IN A TOTAL AMOUNT OF $ 51,143, CONSISTING OF A GRANT FROM 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 passed on its first reading, by title, at the meeting of March 9, 2000, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. 30 April 13, 2000 • • SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11910. Vice Chairman Gort: Item 6, proposed ordinance, Police Training, Entrepreneur Funds. Commissioner Sanchez: So move 6. Commissioner Teele: Second. Vice Chairman Gort: It's been moved and second. Discussion? Being none, read the ordinance. Roll call. An Ordinance Entitled: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11286, ADOPTED MAY 24, 1995, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL. REVENUE FUND ENTITLED TRAINING /ENTREPRENEUR FUND"; AUTHORIZING THE APPROPRIATION OF AN ADDITIONAL $100,000, FROM REVENUE PRODUCED BY THE "TRAINING/ENTREPRENEURIAL ACTIVITY; FURTHER AUTHORIZING THE POLICE DEPARTMENT TO ACCEPT MONIES FROM POLICE TRAINING ACTIVITIES TO BE DEPOSITED IN THE SPECIAL REVENUE FUND AND TO EXPEND THE MONIES FOR THE PRODUCTION AND DEVELOPMENT OF LAW ENFORCEMENT TRAINING SEMINARS, COURSES AND FOR RELATED EQUIPMENT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. 31 April 13, 2000 • was passed on its first reading, by title, at the meeting of March 9, 2000, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11911. Vice Chairman Gort: Item 7; establish special revenue funds, Miami -Dade County, EMS (Emergency Medical Services) Grant. Commissioner Sanchez: So moved. Commissioner Teele: Second. Vice Chairman Gort: It's been .moved and second. Is there any discussion? Read the ordinance. Roll call. 32 April 13, 2000 0- 0 An Ordinance Entitled: AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI-DADE COUNTY EMS GRANT AWARD (FY 99-00)", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $116,857.10 CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH "GRANT PROGRAM FOR COUNTIES"; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENT (S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was passed on its first reading, by title, at the meeting of March 9, 2000, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11912. Vice Chairman Gort: Item 8, second reading. To establish a special revenue fund for a non-profit organization for the Manuel Artime. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: It's been moved. Is there a second? 33 April 13, 2000 C Commissioner Sanchez: Second. Vice Chairman Gort: Moved and second. Discussion? Commissioner Regalado: Just to confirm. This is -- we modified this in the last meeting right. Ms. Christina Abrams (Director, Public Facilities): Correct. We had originally said six, and you had recommended four or more events. Commissioner Regalado: OK. Vice Chairman Gort: Read the ordinance. Commissioner Teele: Could you change the mover from me to Commissioner Regalado. It reflects -- this is his work product. Commissioner Regalado: Thank you. Vice Chairman Gort: Roll call. An Ordinance Entitled: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38 /ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION /IN GENERAL", TO ESTABLISH A RENTAL RATE FOR NON-PROFIT ORGANIZATIONS SPONSORING FOUR OR MORE EVENTS DURING ONE FISCAL YEAR AT THE MANUEL ARTIME COMMUNITY CENTER; MORE PARTICULARLY BY AMENDING SECTION 38-8 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 34 April 13, 2000 was passed on its first reading, by title, at the meeting of March 23, 2000, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner 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 SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11913. Vice Chairman Gort: Item 9, is establish FEMA (Federal Emergency Management Agency) use of revenue funds; receiving a hundred and fifty thousand dollars ($150,000). Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: It's been move. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Moved and second. Discussion? Being none, read the ordinance. Roll call. 35 April 13, 2000 An Ordinance Entitled: AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FEMA/USAR GRANT AWARD (FY 2000)", AND APPROPRIATING FUNDS FOR THE OPERATION OF 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 THE SOUTH, FLORIDA URBAN SEARCH AND RESCUE PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was passed on its first reading, by title, at the meeting of March 23, 2000, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: 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 titled into the public record by the City Attorney. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11914. Vice Chairman Gort: Thank you. 36 April 13, 2000 Vice Chairman Gort: Item 10. (Inaudible). Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Discussion. Vice Chairman Gort: Discussion. Commissioner Winton: And my apologies, fellow Commissioners. I didn't do my homework appropriately. So, as rereading this last night, I — and I'm just a little thick headed, I'll have to admit. I still don't understand where the seventy-five thousand dollars ($75,000) come from. I know where it goes. It goes to the City Clerk's Office. But I can't figure out where it comes from. Commissioner Teele: It's in item number 13 Commissioner Winton: OK. Little more. Commissioner Teele: Ms. Henry is the seventy-five thousand in Item 13? Commissioner Winton: Right. Ms. Bertha Henry (Assistant City Manager): Bertha Henry, Assistant City Manager. We are recommending — and it's part of the original packet — that we allow some transfers within Mr. Foeman's budget to cover it for at least this year. He has — we expect that he will have enough to cover it this year, and the next year we will put it — have it be part of the budget. Commissioner Teele: Internally reprogrammed dollars? Ms. Henry: Exactly. Commissioner Winton: So, it's internally reprogrammed dollars? That's all this is. Commissioner Teele: Yes. Mr. Carlos Gimenez (City Manager): So there is money to pay for this in this year's budget, and we build it in... 37 April 13, 2000 Commissioner Winton: I understand completely. Thank you. Commissioner Sanchez: OK. There's a motion by Teele, seconded by me. Open for discussion. No discussion. Read the ordinance. Mr. Clerk, call the roll. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATIONS/BOARDS, COMMITTEES, COMMISSIONS/GENERALLY," TO: SET FORTH AND DELINEATE THE SPECIFIC SERVICES PROVIDED BY THE OFFICE OF THE CITY CLERK TO INDIVIDUAL BOARDS, COMMITTEES AND COMMISSIONS ("BOARDS"), PROVIDE FOR THE ASSIGNMENT TO THE SPECIFIC CATEGORIES FOR SAID BOARDS BY RESOLUTION OF THE CITY COMMISSION, REQUIRE THAT A PORTION OF REVENUES GENERATED BY REVENUE-PRODUCING BOARDS BE DEDICATED TO THE GENERAL OPERATING BUDGET OF THE OFFICE OF THE CITY CLERK TO DEFRAY OPERATIONAL EXPENSES FOR THE PROVISION OF ADMINISTRATIVE SUPPORT TO BOARDS, AND PROVIDE A DEFINITION FOR "REVENUE-PRODUCING BOARDS"; MORE PARTICULARLY BY ADDING NEW SECTIONS 2-861 THROUGH 2-862 TO SAID CODE; ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "OFFICE OF THE CITY CLERK/BOARDS AND COMMITTEES, ADMINISTRATIVE SUPPORT," AND APPROPRIATING FUNDS, IN THE AMOUNT OF $75,000, TO FUND SAID OPERATING EXPENSES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was passed on its first reading, by title, at the meeting of March 9, 2000, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner. Johnny L. Winton NAYS: None. ABSENT: Vice Chairman Wifredo Gort 38 April 13, 2000 • The ordinance was read by titled into the public record by the City Attorney. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11915. Commissioner Sanchez: Item number 11. Commissioner Teele: So moved, Mr. Chairman. Commissioner Sanchez: Related. Moved by Mr. Teele. Is there a second? Commissioner Regalado: Second. Commissioner Sanchez: Second by Commissioner Regalado. Open for discussion. Hearing none, it's a resolution. All in favor say "aye." The Commission (Collectively): "Aye." Commissioner Sanchez: Passes — anyone against? No? Passes unanimously. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-306 A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING THE CATEGORY CLASSIFICATION AS IT RELATES TO THE PROVISION OF ADMINISTRATIVE SUPPORT SERVICES TO BE PROVIDED BY THE OFFICE OF T14E CITY CLERK FOR CITY OF MIAMI BOARDS, COMMITTEES, AND COMMISSIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 39 April 13, 2000 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Vice Chairman Wifredo Gort Commissioner Sanchez: Twelve. First reading, amending... Commissioner Teele: So moved, Mr. Chairman. Commissioner Regalado: Second. Commissioner Sanchez: Moved by Commissioner Teele. Seconded by Regalado. Open for discussion? Hearing none, Mr. Attorney, read the ordinance. First reading. Mr. Clerk, call the roll. - An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10021, ADOPTED JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES, INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, THEREBY PROVIDING AN INCREASE IN THE AMOUNT OF $2,000,000 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 40 April 13, 2000 was introduced by Commissioner Teele, seconded by Commissioner Regalado, 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 Sanchez: Mr. Vice Chair. Vice Chairman Gort: Item 13, mid -year appropriation adjustment. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Second. Discussion? Commissioner Teele: Mr. Chairman, discussion. I'm very concerned about staff reductions in the Office Of Budget, and in the Office Of Equal Opportunity -- management and budget equal opportunity. I strongly support the staff adjustments in the Building Department, the Parks Department, and the Public Works Department. I really do think that we need more staff build up in Public Works, particularly, we're losing -- I think, if we can get more staff in there, we can recover more money. And, you know, we've been talking about how we can recover money on a lot of these areas, but I'm very concerned about that. But I've discussed it and I commend you for these mid year adjustments. I think they are very thoughtful. We're still waiting on the KPMG (Klynveld, Peat, Marwick, 41 April 13, 2000 Goerdler) to give us some models of staff organizations of comparable cities, but I'll take that up at another time. I think these_ mid year adjustment are very thoughtful, and I would particularly note that the Office of the Manager is being reduced by three. Three from 300 is a little progress. Commissioner Sanchez: Mr. Vice Chair, if I may just -- I tell you what, I'm glad to see adding new position to the Building Department. I mean, that is one of our biggest revenue, with all the new projects that are coming into our City, it shows that FY '98, I think we made three hundred and seventy some million dollars; '99 was close to seven hundred -- it was - - no, no, no. Commissioner Teele: Three million. Commissioner Sanchez: No, no, no. Mr. Donald Warshaw (City Manager): Over seven hundred. Commissioner Sanchez: No. FY '99 was over seven hundred million, and hopefully... Commissioner Teele: Seven hundred million? Commissioner Sanchez: Yes, sir. In new projects. Commissioner Regalado: He's talking about investments. Commissioner Teele: Investments. Oh, you're talking about investments? Commissioner Sanchez: Yes, sir. And this year, 2001, we're probably hoping it pass one billion dollars ($1,000,000,000) in new projects. So, I'm glad to see that new people were added to that because I've -- my office has received complaints on, you know, trying to get projects on board. Now., with the summit -- Miami Developers Summit that we had the meeting, that was one 'of the concerns that they felt that they lacked staff in the Building Department. So, I'm glad to see that. Vice Chairman Gort: -OK. Any further discussion? Yes, ma'am. Ms. Bertha Henry (Assistant City Manager): Commissioners, I apologize. We're asking that the item for the Southwest 8TH Street, reversal study, be switched. for the Allapattah produce area traffic improvements. It appears that we have a potential funding source for the Southwest 8TH Street Project, and we'd like to have some support for the produce market. 42 April 13, 2000 0 . 0 Mr. Warshaw: The dollar amount is the same. We're just switching the use. Vice Chairman Gort: Good Ms. Henry: Just a switching (inaudible) Vice Chairman Gort: Do I have a... Commissioner Sanchez: It's just a switching. I don't have a problem.with it, Willy. Vice Chairman Gort: No problem with the amendment? OK. Commissioner Sanchez: OK. Vice Chairman Gort: So we amend it -- is there any -- yes, sir. Mr. Alejandro Vilarello (City Attorney): Commissioner, Ms. Henry, is there any other items -- the item that was distributed in their packet is this item that they are voting on, with the exception of the comment that you just made? Ms. Henry: Yes. Mr. Vilarello: OK. Ms. Henry: Exactly. Vice Chairman Gort: OK. Is this a resolution? Mr. Vilarello: It's an ordinance. Commissioner Teele: This is an ordinance. Vice Chairman Gort: Ordinance. Read it. Roll call. 43 April 13, 2000 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTIONS 1, 2, 3, AND 4 OF ORDINANCE. NO. 11839, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2000 FOR THE PURPOSE OF ADJUSTING SAID APPROPRIATIONS RELATING TO OPERATIONAL AN BUDGETARY REQUIREMENTS OF CERTAIN CITY DEPARTMENTS, AS ARE MORE PARTICULARLY DESCRIBED HEREIN; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: On this item, three quick issues. I'm going to ask that the attorney draft a resolution directing the Manager as a part of the FY 2001 budget, to fully comply with the organization =- to add just the organizational structure of the City to fully comply with the principals of law relating to taxes and fees. You need to state that in a very -- I've tried -- I've waited a year to deal with that, and I don't want to get into a big discussion about it now, Mr. Attorney, but there are certain issues and, you know, smarter minds and I can probably figure out ways around that, but if you can't figure south a way around it, you're going to have to do some organizational changing. And we can discuss that. I think the Manager well knows, but we -- this City is extremely vulnerable, in my opinion, on that issue, unless and until we make some adjustments. And, Mr. Attorney, I think you know what I'm saying. 44 April 13, 2000 • LJJ Mr. Vilarello: We're fully aware of it. The Manager and I, and Ms. Henry have been working on that. Commissioner Teele: And it's not a big deal. Commissioner Teele: The second thing is, Ms. Fochrenbach, who represents Dade County, your actual item just passed. So, as some Commissioners would say, the appropriate thing would be thank you. But I did want to acknowledge Ms. Fochrenbach, who is the Dade County -- one of the Dade County representatives to the Safe Neighborhood Bond Program oversight -- Citizens Oversight Committee. And, in that role, Ms. Fochrenbach is one of, what, about 15 people? Ms. Mary Fochrenbach: Thirteen. Commissioner Teele: Thirteen people that decide on the distribution of all of the safe bond money. The discretionary money. So, we want to treat you very nice here and we had a .very difficult issue. The Safe Neighborhood Bond Program did give the City of discretionary money, which I think you've seen the Commission has just adopted an ordinance change on the Hadley Park. It's for first reading. But you might just want to say one or two things because we need your continued support of our City. Ms. Fochrenbach: Well, I think you did a very good thing this morning.. Hadley Park is going to provide something that is unique, not only in this City, but I think in the State, because you have taken an area that badly needs services, we have pulled resources together of the private and public sector to meet the needs of all age groups, from the children to the sign your citizens, and we have a cultural facility in there which is going to beyond the beyond. I'm just looking forward to this. And this is what we constantly talk about. It's no good to build facilities unless we have good programs in them. And this is the going to give us the opportunity to have an excellent program. And thank you all. And I hope to cooperate with you in the future, too. Vice Chairman Gort: Thank you, ma'am. And I have to... Commissioner Regalado: Since -- and since she's here, I just want you to know that you should be happy because, within 45 to 60 days, we're going 45 April 13, 2000 to start construction in Shenandoah and, like in every park, we'll see you there when we do the grand opening. Ms. Fochrenbach: I've got to say one more thing while I have the opportunity. The City of Miami was far behind other municipalities when we started, because of the mix up in City government. Now, you have caught up and everybody is sitting there with eyes wide open. You're doing such a good job. So, thank you, again. Commissioner Teele: Thank you. Vice Chairman Gort: Well, thank you. And I want to thank you for -- she's only one of the few that participates in all the openings in the parks. So, I want to thank you for it. Vice Chairman Gort: Item 15, Latin American Restaurant. Commissioner Sanchez: Johnny, that's yours, baby. Commissioner Teele: This thing goes on and on and on and on. Commissioner Teele: This is like the Energizer bunny. Commissioner Winton: Yeah Ms. Laura Billberry (Director, Asset Management): Laura Billberry, Director of Asset Management. In accordance with the Commission's direction on March 9th, the parties met with Commissioner Winton, and, based on that, we'd like to propose the following: The reinstatement of the agreement as of April 1St, the establishment of a construction schedule, which will contain benchmarks of performance, and then at the Latin American Gourmet does not meet any of those deadlines, the agreement would be automatically terminated. The opening would occur, regardless of Latin American 's request for a waiver of the ADA requirements, and they would have to comply with the State's findings, as far as the ADA at their sole cost and expense, and that they must execute this amendment within ten days of receipt. I would like to ask for one modification to the agreement -- to the amendment. Paragraph 11 of the agreement state that's the management cannot modify the ownership interest based on an affidavit of ownership that was attached to the agreement. Unfortunately, that exhibit is not actually on file. We even checked the original records of the City Clerk, and it does not exist. So, 46 April 13, 2000 41 0 we'd ask that the Manager be authorized to review the current ownership and if it's acceptable, review their. experience. If it's acceptable to operate this type of operation, he would be authorized to accept it. Commissioner Sanchez: So, I move the resolution, then; the recommended modification. Commissioner Teele: Second the motion. Commissioner Sanchez: Second. Vice Chairman Gort: Second. Any further discussion or any discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 47 April 13, 2000 • • The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 00-307 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 7 TO THE MANAGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND SUBJECT TO SATISFACTION OF CERTAIN CONDITIONS, WITH LATIN AMERICAN GOURMET RESTAURANT, INC. ("MANAGEMENT"), FOR THE MANAGEMENT OPERATION, AND MAINTENANCE OF THE CONCESSION AREA AT 46 WEST FLAGLER STREET, MIAMI, FLORIDA, TO PROVIDE FOR: 1) THE REINSTATEMENT OF THE MANAGEMENT AGREEMENT, DATED MAY 29, 1992, AS AMENDED, AS OF APRIL 1, 2000; 2) THE ESTABLISHMENT OF A CONSTRUCTION SCHEDULE FOR COMPLETION OF THE CONSTRUCTION AND THE OPENING OF THE CONCESSION AREA BY SEPTEMBER 30, 2000; 3) THE OPENING OF THE CONCESSION AREA IN ACCORDANCE WITH THE CONSTRUCTION SCHEDULE NOTWITHSTANDING THE STATUS OF MANAGEMENT'S REQUEST TO THE STATE OF FLORIDA FOR A WAIVER OF THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT; 4) MANAGEMENT'S COMPLIANCE, AT ITS SOLE COST AND EXPENSE, WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT 'OR ITS RECEIPT OF A WAIVER BY SAID DATE; AND 5) MANAGEMENT'S EXECUTION OF AMENDMENT NO. 7 WITHIN TEN (10) DAYS OF RECEIPT OF SAID AMENDMENT FROM THE CITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 48 April 13, 2000 • Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: Item 16, Expert Test Consulting. Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Commissioner Regalado: Second. Vice Chairman Gort: Discussion? Being none, all in favor state by saying "aye " The Commission (Collectively): "Aye." 49 April 13, 2000 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 00-308 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH DR. SHELDON Z1=DECK, FOR A ONE YEAR EXTENSION, IN AN ANNUAL AMOUNT NOT TO EXCEED $80,000, FOR THE PROVISION OF CONSULTING SERVICES IN THE AREAS OF JOB ANALYSIS, TEST DEVELOPMENT, SCORE ANALYSIS, AND SELECTION PROCEDURE REVIEW, FOR THE DEPARTMENT OF HUMAN RESOURCES TO BE UTILIZED BY THE -POLICE DEPARTMENT; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF HUMAN RESOURCES ACCOUNT CODE NO. 001000.270101.6.270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: 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: Let's make the best of it. Thank you. 50 April 13, 2000 Vice Chairman Gort: Seventeen, permission to issue a request for proposal of Institutional Virtual Private Network. Seventeen, yes, sir. This is just asking for request for proposal to additional service. Yes, sir. Mr. Aldo Stancato (Interim Director, Information Technology): Aldo Stancato, Information Technology. Commissioner, we're requesting to go out for an RFP (Request for Proposal) for the services of ATM, Asynchronous Transfer Mode. We're currently using... Commissioner Teele: So moved, Mr. Chairman. With all due respect -- it's going to come back to us, right? Mr. Stancato: Correct. Commissioner Sanchez: Yes. Vice Chairman Gort: Yes. Moved and second. Commissioner Sanchez: Second for the purpose of discussion. Vice Chairman Gort: Discussion. Commissioner Sanchez: One is, I just want an assurance that it's -- we're going to seek the best service at a reasonable cost. The other issue... Vice Chairman Gort: It's got to come back to us. Commissioner Sanchez: I understand., The other issue is that, you know, looking at these things, the time frame window for these projects is three years, and I want to assure that, you know,. we do it correctly. That's it. So... Mr. Stancato: We try to stay on top of that constantly, Commissioner. Commissioner Sanchez: OK. Vice Chairman Gort: OK. All in favor state by saying "aye." 51 April 13, 2000 The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-309 RESOLUTION 309, A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS TO SOLICIT PROPOSALS FROM QUALIFIED FIRMS TO PROVIDE THE CITY WITH AN INSTITUTIONAL VIRTUAL PRIVATE NETWORK THAT UTILIZES ASYNCHRONOUS TRANSFER MODE ("ATM") TECHNOLOGY, PROVIDES CONNECTIVITY TO SPECIFIED CITY SITES, PROVIDE HIGHLY SECURE AND REDUNDANT CONNECTIVITY TO SPECIFIED MISSION CRITICAL SITES, AND PROVIDES VOICE, DATA, AND VIDEO SERVICES; FUNDS TO BE ALLOCATED THEREFOR FROM THE GENERAL OPERATING BUDGETS OF VARIOUS DEPARTMENTS, REQUIRING BUDGETARY APPROVAL FROM INDIVIDUAL DEPARTMENT ACCOUNTS. PRIOR TO USE SINGE OF SAID SERVICES; AND FURTHER AUTHORIZING THE CITY MANAGER TO SUBMIT HIS RECOMMENDATIONS TO THE CITY COMMISSION FOR IT'S REVIEW AND CONSIDERATION. (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. 52 April 13, 2000 • C7 Commissioner Sanchez: Mr. Vice Chair, if I may ask my colleagues to defer the appointments of the boards and move on to the Commissioners agenda, reference the timing. Commissioner Teele: Reference what? Commissioner Sanchez: It's a motion to defer board appointments for next Commission meeting. Commissioner Teele: Second the motion. Vice Chairman Gort: There is a motion to defer. It's been seconded. All in favor state by saying aye. Commissioner Teele: With one amendment. If any Commissioner has an appointment that they would like to make, they'll be free to make it. At the close -- before we adjourn. Vice Chairman Gort: Right. Commissioner Sanchez: OK. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 00-310 A MOTION DEFERRING CONSIDERATION OF THE CITY COMMISSION APPOINTMENTS TO ADVISORY BOARDS AND COMMITTEES (ITEMS 19 THROUGH 32), EXCEPT WHERE COMMISSIONERS HAVE APPOINTMENTS THAT THEY ARE DESIROUS OF MAKING ON THIS SAME DATE. 53 April 13, 2000 0 10 Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Vice Chairman Gort: Departmental presentation, we can delay that. Vice Chairman Gort: Item 34, loan subordination of Regis House. Item 34. My understanding is, this individual is getting a hundred and fifty thousand dollars ($150,000) loan, is the asset value of the properties are about two hundred and something. Ms. Gwendolyn Warren (Director, Community Development): We would ask for this .item to be deferred until the next meeting. Commissioner Teele: So moved. Ms. Warren: We received the information late last night. Commissioner Sanchez: Second. Vice Chairman Gort: Moved and second. Commissioner Teele: Let me ask you this. Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." 54 April 13, 2000 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 00-311 A MOTION TO DEFER TO THE NEXT MEETING DISCUSSION CONCERNING A LOAN SUBORDINATION AGREEMENT FOR REGIS HOUSE, INC. 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: Yes, Commissioner Teele. Commissioner Teele: Why wouldn't you just throw in the CDBG (Community Development Block Grant) pot issue? You know, one of the things that makes me very nervous -- Mr. Manager? Mr. Donald Warshaw (City Manager): Yes, sir. Commissioner Teele: You know, and I'm very -- I want to be respectful of the department, but we need, with all due respect, we need our Finance Department -- we need second opinions on all of these loans -- on all of these subordination issues. This Commission has gotten in a lot of trouble on subordination issues, and we're all just sort of voting in the blind here. And the one observation that I made -- that I would like to make is that you all are really hiring some first rate banking - type, you know, horn - rimmed glasses guys that seem like they know what they are doing. You know, the Community Development Department, in my judgment, should be focused on other areas and the financial -- the banking expertise of this City should not necessarily be in the -- in the Community Development Department. So, the only thing that I would note is this. This Commission has come under severe criticism by the federal government on loan subordination issues. I'm thoroughly prepared to support it, but I want some written recommendations, Mr. Manager, in the package from 55 April 13, 2000 the Community Development Office, in writing, and from the Finance or the -- you know what I'm saying, if we've got all of these smart people around here. We need to start, you know, letting them provide us advice to protect us on these things. Ms. Warren: Commissioner, this will go before your Loan Committee,. which are the financial people who review all of the loans. We don't. Commissioner Teele: Yeah, but see, that's my point, Ms. -- Ms. Warren: We don't -- staff does not make the recommendation. . Commissioner Teele: Madam Director, that's my point. When it comes to us, it should have gone to everybody it's going to. Ms. Warren: We didn't bring it to you. Commissioner Teele: Oh, you didn't? Ms. Warren: No. The agency... Commissioner Teele: That's even more reason that -- that's even more reason than what I'm saying make sense, and that is, if it's coming to us from the grantee, which is his right or her right, their right, it really needs to have a staff vetting and it doesn't need to be written recommendations on this. I fully support it, if you support it, and somebody in the Finance Department or somebody in -- whatever the appropriate department that looks at these things, Mr. Manager, and obviously you do, but I really don't think we should be approving stuff and then sending it to a loan committee because that's almost like getting the cart before the horse. Ms. Warren: The reason why staff is not making a recommendation is because it has not gone through the proper process yet. It was brought to us by the agency and we're, again, not recommending until the review is completed. Commissioner Teele: Well, I've got to turn to the attorney then. Mr. Attorney, you need to protect us from these kinds of decisions. Protect us from ourselves. If it gets on the Commission agenda, which any citizens should have the right to get something on, you should advise us that we should defer this item or allow that the item be vetted by the staff or something. If it's a. timing issue, you know, I would take the support of the Regis House, but they need an adequate amount of time, and certainly, the loan committee should have acted before we act on this. Ms. Warren: Again, we just waited for them to provide us the additional 56 April 13, 2000 information. We received it last night. It will go through the committee process before staff and the Law Department makes any recommendations. Mr. Alejandro Vilarello (City Attorney) request for a deferral of this matter. Ms. Warren: That's what the request is for. Vice Chairman Gort: My understanding is... And what's before you is a Mr. Vilarello: This is not a request for approval. This is a request for a deferral until it's gone through the appropriate review. Vice Chairman Gort: I understand that. But what Commissioner Teele is saying -- and I want to repeat this -- my understanding is -- and this came -- I brought it back the last time to go to staff and staff -- the administration would come back with a recommendation. It should not have been here if we did not have a recommendation. Mr. Vilarello: I believe what staff was under the understanding that the Commission wanted it back at this meeting, so they will bring it back as a report, that they hadn't gotten the information and that they will request a deferral until they do. Vice Chairman Gort: Okey doke. Mr. Vilarello: It's a report that they haven't received all the information necessary from the agencies. Vice Chairman Gort: It's been moved to defer. Any additional... Commissioner Teele: Final thing, Mr. Attorney. Mr. Manager, your memo that's here needs one last paragraph. Therefore, I recommend that the item be deferred. And, then, everything would be fine. And if we overrule you, that's our right, but at least... Mr. Warshaw: I understand. Vice Chairman Gort: OK. All in favor state by saying "aye." The Commission (Collectively): "Aye." Vice Chairman Gort: Thank you. 57 April 13, 2000 Vice Chairman Gort: Thirty-five, Parrot Jungle. Mr. Donald Warshaw (City Manager): It's just a quick update to let you know exactly where we're at and that we have some good news on this. Vice Chairman Gort: Go right ahead, sir. Mr. Erdal Donmez (Director, Real Estate & Economic Development): For the record, Erdal Donmez, Department of Real Estate and Economic Development. Commissioner, Dade County finalized a development agreement and present it to Parrot Jungle, you know, for execution. We received the executed `agreement yesterday. Our Law Department reviewed it. The agreement is in the City Manager's, you know, office, and we anticipate City execution, you know, this afternoon and delivering it to Dade County. Hopefully, tomorrow, the County is going to ship it to Washington. Vice Chairman Gort: OK. Thank you. Any questions? Thank you, sir Note For The Record: No vetoes from the Mayor's. Vice Chairman Gort: By the way, we do not have any vetoes to take up today from the Mayor's Office. . Vice Chairman Gort: Now we're going to go into the Commissioners' agenda. District 2. Commissioner Teele: Thirty-five A, Mr. Chairman. The Virginia Key issue. Vice Chairman Gort: Oh, OK. I'm sorry. Yes. Discussion concerning the Virginia Key Civil Rights Task Force, proposed Easter Sunday Activities. Commissioner Teele: Mr. Chainnan, this is an activity associated by the Virginia Key Civil Rights Task Force and there's been a lot of discussion. I would like to ask -- propose a resolution, asking the Manager -- City Manager to work with the County Manager to see what in-kind services the County may be able to make available, recognizing the historical parallel of this agency. Among the services that I think are available is that, on 11TH Street, at the WASA (Water and Sewer Authority) yard, they've got all kinds of generators with 58 April 13, 2000 0 lights, et cetera. You're going to need generators with lights. That's going to cost us two or three thousand dollars if we go out and rent it. It would seem to me that the County may be able to make those things available to us. Likewise, there may be some ability to allow the tolls on Rickenbacker to be -- between say 4 a.m. and 7 a.m., on that morning, if they could waive them through. You know, tolls are sort of like gas taxes. They're bonded, so you have to be careful about that and I would understand. But whatever in-kind services. And, also, to extend to the County to be a full participant with the City on the program in any way that we can. I would also ask that the full cost of Police maintenance -- I'm talking about trash clean-up, the park fees, et cetera -- be made a part of the Parks Department budget or the Solid Waste budget or the Police budget, which, in effect, is an in-kind. In other words, we shouldn't charge ourselves to provide police and -- there is that. So, I would move that we do that and that we approve the budget that has been recommended and ask the Manager to use his discretion, up to the. forty-five hundred dollars ($4500), to supplement wherever it may be required. I would so move. Commissioner Winton: Second. Vice Chairman Gort: Motion and a second. Is there any discussion? Commissioner Teele: Mr. Manager, did you have anything or the director have anything that's an issue? Mr. Donald Warshaw (City Manager): We've met several times and, most recently, with Mrs. Range and Commissioner Carrie. We have a laundry list of items and it appears that they now expect a crowd in excess of what was originally anticipated... Commissioner Teele: Of five hundred people. Mr. Warshaw: ...five thousand. Commissioner Teele: Now, up to possibly two to five thousand people because it's going to be broadcast and it's going to be a tremendous opportunity for the City. Mr. Warshaw: There's an issue of sound, stage, tents and amplification, lights. We've got a cap for forty-five hundred. We've basically reached it now. Now that the crowd size has changed, the type of tent, the type of stage they're requesting has also changed. So, we're trying to accommodate that. I asked Commissioner Carey to reach out to Merritt Steirheim and see if the County could, in some way -- they don't even have to match what we're doing. All they need to do is come up with maybe two thousand dollars ($2,000) and, then, everything that's needed will be available. So, that was left with her when we met earlier in the week. But our forty-five hundred dollars ($4500) will more than cover all the things you talked about, including the in-kind donation of clean-up, of Police, and what have you. So, I think we're fine but the County will have to come up with probably two thousand dollars ($2,000). Commissioner Teele: I neglected one important thing. I need to add into the motion: The 59 April 13, 2000 City will engage and be reimbursed by the Task Force or New Birth for up to ten thousand dollars ($10,000) of stage, sound, et cetera. Bishop Curry has agreed to reimburse the City for that. But because of -- they've got two events that day. They cannot commit to the -- and they'll sign, in writing -- a document in writing before that. They cannot use their resources for the set-up and they really need the City to be responsible for the set-up. In other words, this thing has gone from a show -mobile to a full... Mr. Warshaw: Scaled event. Commissioner Teele: ...-scaled production. And I think that's a real testimony to Mrs. Range and the Civil Rights Committee and the City Manager in working with everyone. Commissioner Sanchez: If I just may add one thing, is that the outmost safe -- you know, the safety of all those participating is a key role` there and if people are going to go swimming there, you better have adequate lifeguards. Commissioner Teele: No swimming is going to be allowed on that day. Mr. Warshaw: Right. Commissioner Sanchez: OK. Commissioner Teele: It's a... Commissioner Sanchez: Well, we want to make it very -- when it comes to liability... Mr. Warshaw: There are two separate issues. However, the budget that we have put together for the opening of the beach itself does include lifeguards. Absolutely. Commissioner Sanchez: But for this event, I mean, what is there to stop people from going to swim -- going in the water? Because, then, if we don't have any lifeguards, if it comes to liability... Vice Chairman Gort: Swim at your own risk. Commissioner Teele: We're going to have sufficient security. there's going to have to be -- with a thousand to two thousand, maybe as much as -- there's going to have to be an adequate Police presence there. And it will be a no swimming day. But this is going to actually go on for two days. There's going to be historical displays out there and there's going to have to be some adequate protection. But I think Commissioner Sanchez' point is well -taken and we need to ensure that that is done. I would so move, Mr. Chairman, as amended. Vice Chairman Gort: It's been moved and seconded, as amended. Is there any further discussion? 60 April 13, 2000 • Commissioner Teele: The Attorney's got an issue. Vice Chairman Gort: Hello. Any further discussion? Commissioner Teele: The Attorney. Commissioner Winton: Well, let me -- could I ask a question. Mr. Warshaw: Well, I think the question that's being -- I'm sorry. Commissioner Winton: Could I ask one question? Vice Chairman Gort: Go ahead. • Commissioner Winton: You know, we're approving up to forty-five hundred dollars ($4500), but this budget says fifty-eight hundred dollars ($5800). So, what's the -- are we approving enough? Commissioner Teele: It's my understanding, we're approving ten thousand dollars ($10,000) of in-kind, plus forty-five hundred -- plus,up to forty-five hundred dollars ($4500) of Manager's authority. The ten thousand is not money. It's staff time and in-kind services. And I'm going to tell you. You know, we don't know what the Police requirements are going to be. I don't think the budget clearly -- I know that the department has the ability to move people around and all of that, but... Mr. Warshaw: Here's what the problem is. This is a very rapidly changing budget and it's very fluent, so numbers we had yesterday are different today. We're approving -- you're giving me the approval to spend up to forty-five hundred dollars ($4500) in cash... Commissioner Teele: Right. Mr. Warshaw: ...to, in some way, be able to fill out that laundry list that's continuing to change. I don't think it makes a difference to you if it's a twenty by thirty tent or a forty -by - eighty tent. And what I explained, you know, to the Task Force people is that we will spend the money based upon whatever their needs are. Now, the in-kind services, we don't need additional approval for that. We're going to -- the Police and the Sanitation. The item that's of concern now is the ten thousand dollars ($10,000) for the sound equipment. Now, if you're asking me to spend the City's money... Commissioner Teele: No. Mr. Warshaw: ...to pay that and we'll get a reimbursement... Commissioner Teele: What we're asking you to do is to enter into a written agreement with New Birth to be reimbursed and we, basically -- on the terms and conditions, 30 days, they'll pay for it. 61 April 13, 2000 Mr. Warshaw: That's fine. Mr. Alejandro Vilarello (City Attorney): But you are authorizing the City Manager to make the expenditures, subject to reimbursement? Commissioner Teele: Exactly. But, actually, he'll never have to make it. Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying flaye .11 The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-312 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO SUNRISE ACTIVITIES TO BE HELD AT VIRGINIA KEY PARK ON APRIL 23, 2000; DIRECTING THE CITY MANAGER TO EXTEND AN INVITATION TO MIAMI- DADE COUNTY TO PARTICIPATE AS A COSPONSOR AND TO PROVIDE IN-KIND SERVICES, SUCH AS THE LOAN OF LIGHTS AND GENERATORS AND THE TEMPORARY WAIVER OF TOLLS ON THE RICKENBACKER CAUSEWAY, TO ASSIST IN THE PRESENTATION OF THE ACTIVITIES; AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW; AUTHORIZING THE PROVISION OF IN-KIND SERVICES BY THE DEPARTMENTS OF POLICE, FIRE -RESCUE, GENERAL SERVICES ADMINISTRATION, SOLID WASTE, AND PARKS AND RECREATION; AUTHORIZING THE CITY MANAGER TO PROVIDE FUNDING, IN AN AMOUNT NOT TO EXCEED $10,000, TO COVER OTHER COSTS AND EXPENSES ASSOCIATED WITH THE ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE ORGANIZERS TO SET FORTH THE TERMS AND CONDITIONS RELATED TO THE PROVISION OF SOUND EQUIPMENT AND FOR THE REIMBURSEMENT OF FUNDS TO THE CITY OF MIAMI OF COSTS AND EXPENSES CONCERNING SAID ACTIVITIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 62 April 13, 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: OK. I'll waive my district for later on. Commissioner Winton, you don't have anything on the Commissioners. District three, Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, I have two resolutions. One is related to the dredging of the Miami River, which has been a project in the making for fifteen years, an now we have been able to make significant strides to get this accomplished. I don't know of any City that would not take advantage of this project. The federal government is paying 80 percent. We, as a community who cares for a treasure that's in our backyard, must do everything to work along with the County and the State and federal government to ensure that that river is cleaned. It has the full support of all six congressional members, and no one here will dispute that it is extremely vital, economical resources of the City of Miami and all of South Florida. The dredging of the river will enhance commerce; bring additional revenue to local businesses involved in our shipping trade, marine trade, and related services. So, therefore, the resolution that's put forth, I'd ask this Commission to support. Vice Chairman Gort: OK. Commissioner Winton: Second. Vice Chairman Gort: Is there a second? Commissioner Winton: Second. Vice Chairman Gort: It's moved and second. Any further discussion? Commissioner Teele: What does the resolution say exactly? 63 April 13, 2000 Commissioner Sanchez: Mr. City Attorney, could you read the resolution? Vice Chairman Gort: Instructing the... Mr. Alejandro Vilarello (City Attorney): It's a resolution of the Miami City Commission related to the dredging of the Miami River, a five-year federal project, to be undertaken by the U.S. Army Corps of engineers; endorsing and approving Miami -Dade County as a local project sponsor; endorsing and approving local funding plan for the non federal share of the project costs, with participation as follows: State of Florida to contribute 50 percent; Miami -Dade County to contribute 25 percent; and the City of Miami to contribute 25 percent; allocating funds therefore from the City Of Miami Strategic Investment Reserve Fund in an amount not to exceed $ 1, 900,000; the City's contribution for the first year, subject to approval by the State of Florida Financial emergency Oversight Board; authorizing the City Manager to execute the necessary documents in a form acceptable to the City Attorney for the implementation of the project. Commissioner Teele: Mr. Chairman, I want to commend Commissioner Sanchez. I know you're our representative on the task force, and I think that your vision is exactly correct and the only thing that I regret is that we didn't step up sooner and that, again, we've relegated ourselves to playing a supporting cast role in this when, in fact, this river is 90 percent in the City of Miami, and, again, I think it's a good thing to work with the County and the federal government on. But I would certainly hope that the Planning Department and the Development Department will become much more proactive in how we can -- in working with the district Commissioners, probably about five -- probably at least three or four Commissioners abut the river somewhere along the line, in developing a total concept of what we're going to do on this river. So, I commend you, Commissioner Sanchez, for taking the lead. Commissioner Sanchez: Thank you. Vice Chairman Gort: OK. It's been moved and second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Vice Chairman Gort: Unanimous. 64 April 13, 2000 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 00-313 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE DREDGING OF THE MIAMI RIVER, A FIVE-YEAR FEDERAL PROJECT TO BE UNDERTAKEN BY THE U.S. ARMY CORPS OF ENGINEERS; ENDORSING AND APPROVING MIAMI-DADE COUNTY AS THE LOCAL PROJECT SPONSOR; ENDORSING AND APPROVING THE LOCAL FUNDING PLAN FOR THE NON-FEDERAL SHARE OF THE PROJECT COSTS, WITH PARTICIPATION AS FOLLOWS: THE STATE OF FLORIDA TO CONTRIBUTE 5 0 PERCENT (50%), MIAMI-DADE COUNTY TO CONTRIBUTE 25 PERCENT (25%), AND THE CITY OF MIAMI TO CONTRIBUTE 25 PERCENT (25%); ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI STRATEGIC INVESTMENTS RESERVE FUND, IN AN AMOUNT NOT TO EXCEED $1,009,000, THE CITY'S CONTRIBUTION FOR THE FIRST YEAR, SUBJECT TO APPROVAL BY THE STATE OF FLORIDA FINANCIAL EMERGENCY OVERSIGHT BOARD; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT (S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR IMPLEMENTATION OF THE PROJECT. (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. 65 April 13, 2000 9 Vice Chairman Gort: Anything else? Commissioner Sanchez. Commissioner Sanchez: Yes. Mr. Vice Chair, my other resolution is endorsing the utilization of the Bicentennial Park. All it does, it's endorsing the revitalization of Bicentennial Park, its premier facility, initiating a planning process for its redesign to include members of the general public, City staff, outside consultants the ' Park Advisory Board, the Waterfront Board, Bayfront Park Management Trust and any other interested party so we could, as quickly as possible, put together a restoration plan for Bicentennial, which happens to be a park that is in our City. And it's truly sad to see that large piece of land the way it is, and I think it's in , the best interest of this City to take a leadership role, as quickly as possible, to restore a good park for our community. Vice Chairman Gort: There is a motion. Is there a second? Commissioner Teele: I second the motion. Vice Chairman Gort: It's been moved and second. Any discussion? Commissioner Teele: Mr. Chairman, for discussion. Mr. Chairman, I'm well aware of the English language and "any other party" and what "any other party" means, but this is also a rule of law that, when you list things in series, if you omit something -- Vice Chairman Gort: Right. Commissioner Teele: -- Mr. Attorney, what is the rule? I forget the legal -- the Latin term. Mr. Alejandro Vilarello (City Attorney): I can't recall the Latin term either. But if you list each -- a series of names and don't include "all," then by not listing them, you've excluded them. Commissioner Teele: The court means -- implies that you intended not to include them and, for that reason, I would insist, first and foremost, that the Mayor of the City be included. I think -- you know, I am not one who believes that the Mayor ought to be in legislative matters, but I really do 66 April 13, 2000 think this is a crosscutting, jurisdictional issue. I think the Mayor of the City of Miami should have a leadership role if, for no other reason, know where he is on it. But I do think the Mayor should be listed in this series of -- that are being listed, specifically the DDA (Downtown Development Authority), the Port of Miami, the Miami Heat Organization, which is a neighbor. I mean, there is no way you can talk about doing a master plan. without including the Miami Heat Organization. So, again, I think it's important to list everybody that we know that is involved. So, I would specifically ask permission to include the Mayor of the City of Miami in the series, the DDA, the CRA (Community Redevelopment Agency), the Miami Heat, as well as the Miami Marlins Organization, so that everybody that has designs -- if it's a truly open process, then it ought to be open to everybody and we should not leave anybody out. I would much rather have everybody in the umbrella - under the umbrella than to leave someone out intentionally or unintentionally. So, I would specifically request that, as well as the -- Vice Chairman Gort: The Urban Environmental League. Commissioner Teele: The Urban Environmental League. I think we ought to try to really make this something that is -- that doesn't have an agenda. Now, that's impossible not to have an agenda. And I also think that it's something that we ought to look to the Mayor to provide some leadership in. Commissioner Sanchez: Mr. Vice Chair, if I may. Commissioner Teele, I agree with you on some points. I think that the Mayor does need to take a leadership position on this. This is an issue that has been here for many; many years and I consider it to be a very important issue. The Mayor being involved, I concur with you. The DDA also being involved because it falls in downtown, I also agree with you -- and the Urban League, who has taken on the leadership position to restore this park. However, I am one that believes that the more that people get involved, sometimes creates more bureaucracy that we'll never get the plan going. I do not see any reason to have the Heat involved or the Marlin Organization involved, when it's public land. That is public land. It is not their land. I don't see any reason to have them involved in this concept, and I just think that having more people involved creates a bureaucracy. I think that, by turning this over to the administration to take the leadership and just asking them to start a process of redesign or planning process and locate fundings to restore what exactly should be, which it should be a park, providing service with museums, small restaurants -- we have worked very, very hard with the Urban League. They have putting to a charrette, which you have participated in. I think that this Commission is taking a leadership position to do everything we can to make the people of Miami - - not only the people of Miami, but Dade County feel that that piece of 67 April 13, 2000 land, which is the last piece of land that we have that truly, truly belongs to the people, to assure that they are going to have a park where they can bring their .kids, attract people to downtown. This will benefit the City of Miami as a whole, and that's the -way we should think. So, I do disagree with you on some issues and I agree with you on some issues. The Mayor should be taking leadership position on this.. This is one of the issues he should pick up the flag and run with it. The DDA also, because they are involved in the process, and the Urban League also, involved, but I disagree with you in bringing in the Marlins, bringing in the Heat, in which they are neighbors and, in the long run, a good corporate -- Commissioner Teele: The port. Commissioner Sanchez: Well, the port is on the other side and I really don't want to get into the Port. Commissioner Teele: Commissioner, it's your resolution. I would never amend your resolution on something you don't want. So, whatever you accept, let's just -- we don't have to debate it. I'll do my own resolution at the right time because the point is this. You can't have a master plan that you don't have everybody involved. But this is your resolution. Let's just move whatever you're comfortable with and, at the right time, we'll schedule this on the agenda, and we'll have a full discussion. But I respect you. But I've got to tell you this. You can't put a master plan together without having the adjacent neighbor. The Port of Miami has the greatest sphere of influence. Like it or not, the Port of Miami has more to do with the use of that facility today, with that wall of trucks that run down there. All you've got to do is just stand there on the street corner. The port is determining, more than anything else, the use of that land. But I don't -- I mean, this is your resolution. I respect you. Whatever you agree with, let's just agree to it. What you don't, I withdraw. Commissioner Winton: Mr. Chairman? Vice Chairman Gort: Commissioner Winton. Commissioner Winton: Commissioner Sanchez, you've been to a number of charrettes and I'll have to admit, when you go into these planning processes, one of the things that you have to do is have significant public involvement. So, frankly, if there is good leadership at the table, you have virtually no risk at inviting everybody else to the table because, one way or another, they are going to have some sort of say. So,. if you've got good leadership there, you've got to risk. The risk you run in not inviting them is you create an instant opponent to something and, frankly, when you get all the voices out on the table, it's easier to silence and to satisfy the negative voices if they are at the table than if they are not. So, I think 68 April 13, 2000 that -- you know, it is your motion, but I think that it's probably not bad to have all those folks. And that's just my thought about it. Vice Chairman Gort: OK. Commissioner Sanchez: There will be plenty of hearings. Commissioner Winton: And that's only my thought. You don't have to come back. Commissioner Sanchez: OK. So move. Vice Chairman Gort: OK. It's been moved and second. By the way, also to make sure that the study -- I've been hearing quite a bit about the slip. I want to make sure we analyze what the slip does. At the same time, you know, I'm a great believer in green areas but, at the same time, the City of Miami has suffered quite a bit because of original purposes and for the expansion of Dade County, and I don't think the City of Miami should be paying for it. And one project that we can look at that has created green areas and has done very good for the City of Miami's Bayside. Bayside produces around three million dollars ($3,000,000) for the City of Miami, and it still has a lot of green areas in there and waterfront. OK. Commissioner Teele: Would you just read into the record the amendments that you accept. Commissioner Sanchez: The amendments that I accept are to add the Urban League, the Mayor and the DDA. Vice Chairman Gort: Excuse me. It's the Environmental Urban League, not the Urban League. Commissioner Winton: Urban Environmental League, right? Vice Chairman Gort: Urban Environmental League. Commissioner Sanchez: Excuse me. Vice Chairman Gort: OK. Commissioner Winton: And is the CRA in there? Is it already listed or you did not -- I'm sorry. I didn't mean to -- I just want to understand. Commissioner Sanchez: It's outside of the CRA Commissioner Teele: We've got one (inaudible). 69 April 13, 2000 Vice Chairman Gort: OK. 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. 00-314 A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING THE REVITALIZATION OF BICENTENNIAL PARK AS A PREMIER FACILITY; FURTHER DIRECTING THE CITY MANAGER TO INITIATE A PLANNING PROCESS FOR THE REDESIGN OF BICENTENNIAL PARK BY SOLICITING THE JOINT EFFORTS OF THE MAYOR, CITY STAFF, OUTSIDE CONSULTANTS, THE BAYFRONT PARK MANAGEMENT TRUST, PARKS ADVISORY BOARD, WATERFRONT ADVISORY BOARD, DOWNTOWN DEVELOPMENT AUTHORITY, URBAN ENVIRONMENTAL LEAGUE, MEMBERS OF THE GENERAL PUBLIC, AND OTHER INTERESTED PARTIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. €, Y 70 April 13, 2000 Vice Chairman Gort: Any other item? Commissioner Teele: Eleven o'clock. Call for the agenda of the day. Commissioner Winton: Weren't we going to come back to the Goombay Festival folks -- they are back, so I'm assuming that they've met with staff. Mr. Donald Warshaw (City Manager): Yeah. I think I've got some numbers on the Goombay and we've got... Vice Chairman Gort: OK. We have to -- let's wait two minutes. Commissioner Regalado, you wanted -- your items are discussion items for the sidewalk constructions and the discussion about the Community Relations Board. Commissioner Regalado: Right. I'll try to be brief. On the Community Relations Board, I was a little surprised to hear that some of the leaders of the Miami Police Department said that the Community Relations Board was 'not active; at least that's what one of the mayors told me, that he understood. He was told that the Community Relations Board was not active. I asked -- as we all know, this has been dragging on for one year, but hopefully, all the members or most of the members are -- they have met -- actually, they met yesterday. They have met three times, and they met yesterday, an emergency session. They requested several things to the administration, through the liaison, and I just want to make sure that you know, Mr. Manager. Mr. Donald Warshaw (City Manager): The press release was released this morning. The ID (Identification) cards were already done. There were a few others that I know we're in the process of working on. Commissioner Regalado: OK. The other thing on sidewalks. I had prepared a lot of details and information and -- but, you know, we have this time constraint. But I would ask you, Mr. Manager, to come back and tell us how much money we have available for sidewalk reconstruction in the rest of this year an next fiscal year. And the reason is that I think that if we -- if you are proposing to use some of the strategic reserves for the cleaning of the Miami River, which is the highest priority, I feel that we can also add some money from the reserve to build sidewalks throughout the City, and I know that to build sidewalks, the need for them is one -- eleven million dollars ($11,000,000). But that includes areas that had to be dedicated to be built. So, that takes time. But I would tell you, members of the Commission, you all get this from the City Attorney and we get -- I'm sure that you read or once or twice a week settlement about sidewalks fall. No? We have how many outstanding suits we have on sidewalks, a 100? 71 April 13, 2000 Mr. Alejandro Vilarello (City Attorney): We have some 340 active litigation cases, but I do object to the once or twice a week settlements, sir. They are not -- you do get notice of each of those, and they probably average... Commissioner Regalado: I remember one about three weeks -- two weeks ago, twenty- six thousand dollars ($26,00.0). I remember one this week, this is eight thousand dollars ($8,000). But that... Mr. Vilarello: Certainly, Commissioner, we do have some cases that we settled. Commissioner Regalado: The point is that, if we are stressing the quality of life, sidewalk is the first thing that you see when you go out of your house. And I will tell you that I'm happy with what the administration is doing in my district. I also warn you that we're getting a lot of complaints regarding unfinished work, and that's not the City's fault directly, because that's contractors. But we should be on top of them because we have to revisit some of these areas, because they come, they fix and they leave something undone, and then Public Works has to come back and make them do it. We have that situation in several places in Flagami. It's already done. But John and Raul, I think that you know what I'm talking about because you have followed through on this issue. I would tell you that it is important -- and, Mr. Manager, I would like for the next meeting, if you can, to give us how much money we can use from the reserves to add to what we have in building sidewalks in the five districts of the City. Mr. Warshaw: I'll bring you back the whole financial picture, including reserves and, other designated dollars and other options. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: I would ask that we revert to the order of the day. Vice Chairman Gort: We are. I was waiting for Commissioner -- Commissioner Teele: Mr. Manager, on that issue. Before you bring that, would you bring us back a study of the demand and the need on the side -- I respect the request on the financial, but let's look at the program issue at the same time because there are some - - a series of issues that we ought to talk about, including the backlog of Public Works CD (Community Development) dollars, which is tremendous. Vice Chairman Gort: OK. Thank you. Now we have -- going back to the agenda, the Convention and Visitors Bureau. 72 April 13, 2000 0 * • 33. DISCIISS BRIEFI Y COMM: E 11—f RELATI®1\TS BOARD [ ,V -E SEC, # 31] Mr. Tom Gabriel: Mr. Commissioner? Vice Chairman Gort: Yes, sir. Mr. Gabriel: Mr. Chair, as -- Tom Gabriel, 2980 Northwest South River Drive and also a member of the Community Relations Board. If I could just briefly touch on what we've done, and I understand the time frame and I'll be very quick. But I think it's important -- Vice Chairman Gort: Gabriel, I request you do that later on.. At this time, we have an. agenda we have to go through. OK. We'll bring that back. Mr. Gabriel: OK. Vice Chairman Gort: Thank you. Vice Chairman Gort: Convention and Visitors Bureau, welcome. Adolfo Henriquez is the chairperson. I guess you're going to be the speaker. Mr. Adolfo Henriquez: You're right. Vice Chairman Gort: Go ahead. Mr. Henriquez: Thank you very much. And I understand that, Mr.. Chairman, that you wanted us to keep this brief, so I'm going to try very hard to keep it real brief. ,I really am delighted to have this opportunity to address all of you as the Chairman of the Greater Miami Convention and Visitors Bureau. I seem to continue my involvement with the City of Miami, although in a.slightly different capacity this time around. But the bureau has a very productive partnership with the City, and I am really very pleased to share this terrific story with all of you. A number of our other partners at the bureau wanted to join us today and, although I don't want you guys to worry, we're going to keep it brief. I'm the only one speaking. I want to just take a moment to introduce them briefly. First of all, I'd like to recognize Frank Vanderpost, who's General Manager of the Hotel Intercontinental, Chairman of the Convention Sales Committee and a member of the Executive Committee. And Jorge Gonzalez, who is sitting right beside him, General Manager of the soon-to-be open Mandarin Oriental Hotel, another major investment being made here at the City -- in the City of Miami, and also a member of the Executive 73 April 13, 2000 Committee. We have also with you here Manny Coral (phonetic), who is the Regional Director.of Marketing for the Ritz Carlton. Fred Nunez, who is the General Manager of the Ramada Dupont Plaza, John Asher (phonetic), the General Manager of the Howard Johnson's, Barry Harris, who is the Regional Sales Manager of Techton (phonetic) Hospitality, and they manage Radisson -- the Radisson Miami -- formerly the Radisson here in Miami. And then also Rodrigo Trujillo, who is the Director of Sales and Marketing for the Hyatt Regency. In addition, we have Elizabeth Williams, who is the Executive Director of our Visitors Industry Council, and she has with her today several of our scholarship recipients from the City of Miami that we're very pleased that they were able to join us here today. Thank you very much for being here. You know, the hotels that we have represented here actually have over 2700 rooms within the City of Miami, and also with us today are some members of the senior staff and our CEO (Chief Executive Officer) at the bureau, Bill Talbert. Let me just review with you a little history of the bureau. In the mid 1980s, when tourism was at an all-time low, and less than 50 percent of what it is today, and this community was suffering from a poor image, we were communicating as a destination just a mixed and multiple messages out of here. We decided, as a community, that we needed to form a bureau to act as a private unified sales and marketing company that would bring together the entire destination to the market, marketing our brand -- our Miami brand worldwide under one umbrella. Tourism is our number one industry, and it has grown consistently since then except really for those years when crime kept visitors away. Thanks to the programs that you and many others have set up, we actually have a safe and very thriving destination today. We're approaching over ten million overnight visitors, and thirty-three percent of those visitors are staying right here in the City of Miami and spending over three point two billion dollars ($3,200,000,000) annually to support Miami's economy. We have many, many new hotels under way. Something that was absolutely necessary, and we also have, as a result of that, a tremendous challenge, which is together with them to be able to sell this magnificent destination and fill those few rooms that are coming on line. Of the eight thousand new rooms that will be coming on line, about 2200 of them are within the City of Miami itself. We, at the bureau, are your sales and marketing partners. We have and continue to explore with your fine staff, better ways to sell the City, and I am confident that we are going to continue to strengthen that relationship. We can now stay that we truly .are world class City with world-class facilities. Many of the facilities that are coming on line are really going to be absolutely top notch and we really look forward to continuing to work with you and I'd like to now rather than continue with my piece of this, Mr. Chairman, ask if you all have any questions because I've have a bunch of people here to support me when I don't have the answers. Vice Chairman Gort: Thank You, sir. Questions? Commissioner Regalado: I just have a brief comment, and one or two quick questions, and Mr. Henriquez. I had the pleasure of meeting with Mr. Talbert and other members of the staff, and they were - they gave me a lot of details about; not only what you're doing, but what the plans are and my concern that I address to them, I think that they understood what I meant to say, and that we can expend -- I understand that we need to -- in order to fill those new rooms, we need to spend more money. That's -- of course; everybody 74 April 13, 2000 0 knows. The reason that I requested the increment was because I felt that the City needed to do some infrastructure, and they understood that, and I think that by them understanding that and we working with them, the bureau will expend their scope in terms of helping the City with other things. For instance -- and I'm sure that the bureau -- well, they told me that he will consider. I think there is a lot to see in the neighborhoods. Little Haiti, Little Havana, the Coconut Grove. There are places when tourists would like . to come and see if they know that exist, and the bureau has promised to work with the City in the neighborhoods area. And in terms of the marketing, I think that one thing can be said, and you know, I'm so glad that you said -- what you said about tourism increase in the City of Miami and in Miami -Dade County, because it's -- we kept listening to those who said, well, you know, the City has this bad image. Well, don't do this because the image. Or don't do that because of perception. We all the time are being patronized by some people, and yet, image have nothing to do with the desire of so many million people to come to Miami -Dade County, and the City of Miami. So, I hope that the City will become a more active partner. I would ask you to consider, for instance, to hear liaisons from different areas of the City because they might have ideas that would bring to the board. And I would hope to -- the Commission did the honor of appointing me to be the representative, so I will try to bring the City's agenda to you, and I know that I will demand a lot. But if I get of that some, I'll be happy. . Mr. Henriquez: Yeah. This is an incredible destination, Commissioner, and, you know, with your support, we're going to be able to market it appropriately. Commissioner Sanchez. Commissioner Sanchez: Mr. Vice Chair, if I may just address the speaker Vice Chairman Gort: Go ahead, sir. Commissioner Sanchez: Let's cut through the -- one of the concerns that we have here in the City is that we feel, through the concerns of merchants in Coconut Grove and some of the other parts of the City is, the City is not getting its fair share. I think that what we have here is a lack of communication. One is after we've been able to exchange in some ways words of information, which is so important -- you know, I am pleased to be receiving emails now at my office, which I often read, which provides information. I think that what we lack, and we always have lacked, is adequate information of communication between your organization and the City of Miami, and us as elected officials. I think that that would be the first step of improving what we consider to be a lack of information. I am glad to hear that our hotels are doing better, and our hotels are coming up construction wise. So, I think -- you know, as long as we continue to improve the information so we could relay that information to people that come here and express their concerns -- because, you know, it's hard to have somebody who you represent, wherever your district may be -- Johnny Winton being in Coconut Grove, and those are people that are basically complaining, saying, hey, listen, you know, we feel that after a hard day's work, we don't get what we give. So, that is just a concern that we have. And by you providing us the information one through email, which is today's technology or in writing or having special presentations for the Commission every three months, which 75 April 13, 2000 will be good, I think that would help us and it would also help you. Mr. Henriquez: And, quite frankly, just the strength of having here with us our partners in the hotels, all of which are hotels here in the City of Miami, and how critical it is to their success that we have a very strong bureau. I think, Commissioner is very important. Because, quite frankly, what we're doing here is bringing people in who are spending money to support the economy of Miami. Vice Chairman .Gort: Let me tell you what my experience has been in the past as a member of the DDA (Downtown Development Authority), we put a group together, especially the hoteliers in downtown Miami, about five or six year ago, and working with the bureau, we're able to attract quite a few of the convention and visitors to the area. So, I think a lot of the people also need to get together and work with the bureau and come up with the ideas like you stated before. But I know I was -- the downtown hotels were -- are working very closely with them, and we need to do that in other areas. Any other questions? Commissioner Teele. Commissioner Teele: Mr. Chairman, thank you very much. Mr. Henriquez, thank you for coming and thank you very much for involving such a distinguished array of business leaders. I'm particularly grateful that the students, the scholarship, this City has a -- this community has a long tradition of what coach (inaudible) would have said of broken promises and fork tongues. It's good to see that in one area, at least, this community has kept its promises, leaders have kept its promise and that's certainly a testimony to the entire hotel and visitor industry. I happen to witness yesterday on Miami Beach another mentoring program that involves a tremendous number of people, and I commend you and urge you to continue. Also, you made a glib reference when you first came of your role and involvement with the City. I want to assure you that we will issue you and appropriate proclamation and thank you for your leadership on the Oversight Board, as soon as we can resolve the issue of the bills that the board has run up, that we have not been able to agree as to who is going to pay those bills. But as soon as that issue is resolved, we will appropriately thank you. But until we can resolve the bills, I think it's just premature to issue the formal embossed proclamations. Mr. Henriquez: I'm glad to hear proclamation and not crucifixion. Commissioner Teele: I think the issue that Commissioner Regalado has raised is a very important one, and I know there have been a lot of meetings going on. I know that Bill Talbert and Lucia and others have very much done a good job of making this to appear to be sort of a love feast here today and that's always good for our image of our City. It's not always looking like a City that's sensitive to business and industry. But there are one or two important issues I want to get on the table. Notwithstanding the fact that hotels like the Intercontinental are going through tremendous renovations and costs to improve and upgrade they're product bay, and others should be commended. I know that there have been upgrades with the Dupont and others. One of the issues is the growth and the incremental growth. Based upon, quite frankly, a surge, if you will, in new hotels. There was a period for some twenty years that there were essentially no major new hotels being 76 April 13, 2000 • 0 built and I certainly don't mean to overstate this sense that Miami is the cause of that or the center of that. In fact, I think your statistics suggest that we're probably about 25 percent, 2000 out of 8000 new rooms. Is that twenty or 25 percent? I'm never good at numbers. Mr. Henriquez: Of the new rooms. Twenty-five. A little more than 25 Commissioner Teele: Twenty-five percent. OK. But the point is this. What can the City of Miami expect to get back in the context of this tremendous growth that's going on, not in the context of the.two of the eight thousand rooms, but for the last twenty years, there, has been essentially a stagnant growth in both Miami Beach and the City of Miami. Most of the growth, quite frankly, has been in Unincorporated Dade. Isn't the Intercontinental building a hotel out by the airport, as well, now? I saw that was under construction. So, I mean, there is a lot going on. The real issue that we've got to try to understand is what can we expect back from that? I know you can only speak as it relates to the Convention and Visitors Bureau. But the hotel industry is really the structure, unfortunately in some ways, that a lot of taxes have been hung onto. So, when we talk about this, we're not just talking about your niche of this. We're talking about the hotel industry, and while Commissioner Regalado's comments were directly primarily at the Convention and Visitors Bureau, I take note of the fact that you have at least three other taxes that are -- . the sports facilities tax are hosted through the hotel industry. The one thing that I would hope that the Manager and the -- that I would hope that the Manager and Mr. Talbert would take under advisement is this. The City of Miami, if I'm to read the .reports . correctly, has pretty much been red lined for future use of sports facilities tax. In other words, the County has said, you know, we funded all these things in the City and we're not going to fund anymore. But, yet, with those 2000 rooms, with the hotel, that, again, becomes a skeleton by which all of these things are on. We need to engage, I think, in a broader dialogue, through our Manager -- Mr. Manager, we need to engage in a broader dialogue with you and Mr. Talbert and hopefully Merritt Steirheim on how we can negotiate more for. the City. One of the things that I'm concerned about is the Marlin Stadium, for example. Forget the Bicentennial Park issue, which we just discussed. Baseball is a good thing for Miami, whether it's at the Orange Bowl or whether it's on the Miami River. It is a good thing for Miami, and it's particularly good because, unlike football and tennis and golf, it is a Latin American and American sport. In other words, you go to Nicaragua, baseball -- you know, soccer is obviously the sport. Mr. Henriquez: It's also affordable. Commissioner Teele: It's also affordable. So, baseball is good. I mean, one of the things that I'm concerned about in these negotiations, when we talk about this growth, this. incremental growth, somebody needs to get to the table or wherever the tables are, and negotiate on behalf of the City of Miami, Mr. Manager, as well as the entire area. I mean, we can't negotiate on behalf of Miami Beach. They've done a good job of negotiating. They have their own deals, in fact. Mr. Henriquez: You know, I know that your Manager speaks for himself very 77 April 13, 2000 L eloquently, but let me just tell you that I have been privy to a number of meetings that have already taken place about very aggressively going after some of that money today. Not some of that money. As much of it as we possibly can. Because I think that we need to try and make that... Commissioner Teele: For what? Mr. Henriquez: For the stadium. Commissioner Teele: Well, that's where I am. 'Where I am is that I don't know -- I don't think it's necessarily good to have a formal vote today, but if this were on the agenda in a different way, I would want to move that the Manager be instructed to essentially work with the visitors industry and the business leaders to see what kind of incremental dollars, and whether it's CDT dollars or sports franchise -- these things get a little bit confusing. But we need to all send a very clear message that the incremental growth in this, which no one can claim, is spent. I mean, you can't spend the incremental growth. Now, I know that with the bond covenants and the way these things get rolled back, that all of the incremental growth is pledged in bond covenants and may have been issued five years ago or even ten years ago, but the incremental growth is new money. The City of Miami is generating, by any measure, 20 to 25 percent of this new money growth. And speaking on behalf of the City of Miami from my perspective, we need to be in there negotiating to see what percentage of that money can be dedicated an earmarked for physical activities, even if it's the Orange Bowl improvement fund, even if it's the -- I mean, a baseball facility. There are a series of things that we all can agree on. We've got a capital program of ten million dollars ($10,000,000) that probably will mean more in hotels business than even baseball, if we can get the Orange Bowl renovated to standards. I mean, we get -- the world-class soccer that was held here. What was that thing called? Commissioner Sanchez: Copa De Oro. Mr. Henriquez: Copa Latina. Commissioner Teele: The largest audiences or spectators came out paid were in Miami compared to New York, Los Angeles, all over the country. What was it, Haiti and U.S. or somebody? Commissioner Sanchez: Haiti and Jamaica. Commissioner Teele: Huh? Commissioner Sanchez: Haiti and Jamaica. Commissioner Teele: Haiti and Jamaica. So, the point is this. There is a lot that we've got on the table. Commissioner Regalado, I think, has began a very important dialogue, but speaking for myself, I believe that every dollar of the incremental increase should be committed to the kinds of facilities and activities that will enhance this community and I, 78 April 13, 2000 for one, would very much urge the Manager to begin negotiations on the increment. I would hope that he and Bill Talbert and Merritt Steirheim could work together because I can tell you this. If you don't commit it -- I sat on the other side of that table -- there will be some funny -looking golf courses being done, some clubhouses. I know how the money got spent. I mean, I know where every -- most of the money got spent, and it didn't get spent all at the tennis thing. There were all kinds of -- you got, you know, all kinds of little pocket deals that wind up getting done. So, we need to get -- and that's our money, is my point. So, we need to get this on the table. And I'm very happy that you're here because I think it's very important what Commissioner Regalado is saying. It's not just we want to take money from Bill Talbert's pot or your pot. But what we want to know is that the increment is going to be spent in a way that it's going to accrue for the benefit of the City. And I appreciate your indulgence. Mr. Henriquez: Thank you very much. And, you know, we are -- in trying to anticipate, Commissioner Teele, exactly what you're talking about, that dialogue has not only begun. I can tell you that your City Manager has been very aggressive about making that happen. As has the bureau -- and we're in the forefront of trying to ensure that we get not just our fair share, but the right thing to happen, which is we need to see how much of that money we can actually allocate exclusively and specifically for what we need here, which is that stadium. Commissioner Teele: Which is what? Mr. Henriquez: That stadium. Vice Chairman Gort: Thank you. Any other questions? Thank you, sir, and thank you all for being here. And keep up the good job, and maybe we'll get twice as many people next year. Thank you. Mr. Henriquez: Thank you very much. Vice Chairman Gort: And then we can settle that bill with the -- we can exchange the bill for the... Vice Chairman Gort: Commissioner Teele, you want to address Mrs. Range and let Commissioner Range know that we voted on it? Commissioner Teele: Mrs. Range, you're right on time. We have voted on working through the conference call that we had with you and your committee and with the other parties. The City has been authorized to enter into a reimbursement agreement with the appropriate entities regarding the sound stage, et cetera, and the Manager has clarified his role in providing all of the other supportive equipment. And we've also asked the Manager to work with the County Manager in trying to get anything donated, like the lighting. They've got 79 April 13, 2000 emergency generators, for example, over at WASA (Water and Sewer Authority). If we have to rent them, we're going to wind up paying a thousand dollars ($1,000). They could donate that. Ms. Athalie Range: And our Manager is going to arrange that with the County Manager. Commissioner Teele: As well as you using your good offices with the Manager. Ms. Range: Well, we will put forth ever effort. And we want to thank you very much. Thanks a lot. Commissioner. Teele: Thank you. Ms. Range: All right. Vice Chairman Gort: Thank you. Have a good one. Ms. Range: Thank you very much. And everybody's invited to come out. Vice Chairman Gort: Thank you, ma'am. Ms. Range: Thank you. Vice Chairman Gort: Goombay Festival. Let's bring back the Goombay Festival. Yes, sir. Mr. Manuel Diaz: Manuel Diaz, NET (Neighborhood Enhancement Team) coordinator. The organizers of the program -- of the Goombay Festival met with the Special Events Office. The estimate that we provided earlier will be -- are accurate as far as we can determine. The same services will be offered. If you notice there are three columns. One says City services. Total of forty-eight thousand dollars ($48,000). That's to pay salaries. Permit fees, nine thousand, that's what was paid last year. And other costs that are not waivable. The other costs are the disposal of the 80 April 13, 2000 0 1 0 sanitation. Vice Chairman Gort: Commissioner Winton. Commissioner Winton: I didn't hear -- I'm sorry. I was -- and my apologies. I hate to have anybody waste their time, but I was talking to Adolfo Enriquez and I didn't hear that. Do you have the... Mr. Diaz: We met with the program coordinators and my office met. The fees that were reflected in last year as budget will be the proximate fees for this year's budget. There should be no change. They've requested the same services and the same number of personnel. Commissioner Winton: And, so, what's the economic request? Mr. Diaz: The economic request understand, they are -- the organizers permit and fees. Commissioner Winton: I... is for the waiver of -- and if I are waive -- requesting waiver of Mr. Diaz: It will be a total of nine thousand dollars ($9,000). Nine thousand one hundred and eighty-six dollars ($9,186) approximately. Commissioner Winton: Nine thousand dollars ($9,000) approximately. What has been the standard procedure -- I know we waived -- I don't know if permit fees -- every Commission meeting we have some fee tied to these type of things going on that we routinely waive, and I -- what is that that's routinely waived? What's consistent with what we've always done in terms of this request, and what's inconsistent? Commissioner Teele: There ain't no standards. Commissioner Winton: I'm sorry? Commissioner Teele: There ain't no standards, really. I mean, it's... Mr. Diaz: What can be waived is the permit fees, and the administration fees are... Mr. Donald Warshaw (City Manager): I mean -- I'm sorry. I was talking to the Police Chief, and I was just listening with half an ear. You know, historically, going back many, many years, we waived everything. Then, with the advent of the financial crisis, the Oversight Board, we stopped waiving everything, and weren't waiving anything. Now, we're back into an environment where the Commission has talked about -- you know, as 81 April 13, 2000 Commissioner Teele talked about earlier, one event per district or going a little bit more globally, those events that are important to the City as a whole, but as agenda rule, waiving of fees is something we don't do. Commissioner Winton: Well, from my view, until we've had sufficient dialogue and a clear policy developed, then my recommendation is .that the only thing we waive is what we've been waiving at these meetings on a routine basis. I do not want to be -- I do not want to be the Commissioner that breaks with the short term tradition we have and opens up Pandora's Box to absorbing costs for putting on these functions all over the City, until such time as we've had a real debate about a policy associated with what this City really want to do. So, I don't know what that fee is, but that's all I'm recommending that -- the permit fees. And, frankly, that's all I could recommend that we would do at this point. Commissioner Teele: Second is the motion on the permit fees. Mr. Raul Martinez (Chief of Police): Commissioner, I'm Raul Martinez, Assistant City Manager. Just so I can clarify. There are three different types of fees. The first is the City services are moneys we paid to employees to work off duty, Police, Fire, so on and so forth. That's a cost to us. The permit fee, which is the one we're discussing right now, are fees that we charge to whomever is going to have an event to close the street for, you know -- administrative surcharge, so on and so forth. It's money that will be coming in. It's not money that we'll- be paying out. The third one is disposable fee. It's money that Solid Waste has to pay to go out to the County or the County charges to throw out the garbage. The recommendation from the Manager is -- because we have done this in other events -- is to waive that permit fees, which means it's not costing us any money. Maybe it's not money we're not going to make, but it's not costing any money out of pocket. That's about nine thousand dollars ($9,000) of permit fees. Commissioner Sanchez: There is a first and a second to waive the permit fees. Commissioner Teele: I'll second the motion on the permit fees. Vice Chairman Gort: There is a motion -- there is a motion. Is there a second? Further discussion? Being none, all in favor state by saying if aye. 11 The Commission (Collectively): "Aye." 82 April 13, 2000 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 00-315 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE MIAMI /BAHAMAS GOOMBAY FESTIVAL, CONDUCTED BY THE MIAMI /BAHAMAS GOOMBAY FESTIVAL IN COCONUT GROVE, INC. ("THE ORGANIZER") ON JUNE 3-4, 2000; AUTHORIZING THE ISSUANCE OF A. TWO-DAY PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES DURING SAID EVENT IN THE AREA DESIGNATED HEREIN; AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW; CONDITIONING STAYED AUTHORIZATIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE, INCLUDING BUT NOT LIMITED TO LIQUOR LIABILITY, TO PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; (4) INSTITUTING AN IDENTIFICATION SYSTEM TO ASSURE THAT ONLY THOSE INDIVIDUALS OVER THE AGE OF TWENTY - ONE MAY PURCHASE ALCOHOLIC BEVERAGES;. (5) ADVISING ALL ADJACENT BUSINESSES, PROPERTY OWNERS, AND RESIDENTS OF STREET CLOSURES ASSOCIATED WITH SAID EVENT; AND (6) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 83 April 13, 2000 0 . 0 Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Teele: On this issue. Now, let me just say something, Raul. I respect you. But, you know, you just said something that just really triggers what the problem is for me. The Solid Waste fee, you know who pays that? Ms. Dorothy Lee: We pay that. Commissioner Teele: The people pay that, not, we, the City. The people pay that. It's disproportionately on homeowners, OK. It's disproportionately on homeowners.. We've done all of these studies. And the whole issue for me is, what do the homeowners get back -- we don't sweep the streets. We don't do this. We don't do that. The County gets the money, OK? It's a pass through. But the point is this. One of the few things that this City can give back, neighborhood by neighborhood by neighborhood, as we talk about rebuilding neighborhoods, are the kinds of things -- this money for disposal is paid for by the citizens, and you know what? Some guy, who dumps a ton of garbage tomorrow, will dump it and you know who's going to pay for it? She is and the citizens of this community are. You see, so... Commissioner Winton: Well, that's not true. Commissioner Teele: Oh, yes, it is'true. Commissioner Winton: We have a supplemental waste fee that's paid for by contractors in the business community that has nothing to do, frankly, with all of that, that is designed to pay for those kinds of things. Commissioner Teele: In part, it does. But if you cost out -- if you cost out, which we've done, what the homeowner pays for garbage, OK, in terms of the disposal, what is that number? It's like twelve million dollars ($12,000,000) a year? What the disposal number? 84 April 13, 2000 Mr. Martinez: I wrote twelve to fourteen million dollars ($14,000,000). Hold on a second. Let Clarence... Commissioner Teele: And, so, all that I'm saying, Johnny, is that -- I agree with what you're saying, but on some of these fees, you've got to look at this, I think, as a benefit to a neighborhood, and, for that reason, I really think that we ought to consider on some of these things that benefit neighborhoods, whether it be the arts -- Coconut Grove Arts Festival -- things that don't make money. That's a bad example. But these small neighborhood kinds of things. We ought to consider taking up some of those costs as it relates to disposal, and not just pass it on. That's not up for discussion today. Commissioner Winton: Right. Commissioner Teele: We can lookat it. The other thing is this Commissioner Winton. Every year the biggest budget breaker in the budget is one line item. You know what it is? Police overtime. And this is the point. This is the point. We spend more money for police over time on a budget -breaking basis than anything. If you go back and look at this for five years, but the good people don't get it. I mean -- so -- I mean, there are arguments on both sides of this equation. I would feel a lot better about us sharing the costs of overtime, and that's what I'm going to ask the Manager to do, coming out of this, Mr. Manager -- and I know you all may have late breaking news and all that stuff going on, but let's look at -- see if there is a way we can share the over time and work with the Police Department in shifting around people,. I don't mind you all taking people out of my district. I mean, not that -- and that's a dangerous thing to say because, honestly, Mr.. Attorney, contrary to anything that these mayors are saying, they don't have the damn authority to say one thing that they've said. The last time I read the Charter, the Mayor of this City does not direct police officers or the Mayor of .the County. That's in the Charter. I tried to change it so that he could do it, but nobody has called the question on that. Does the Mayor have the authority to do that? The answer, I think, is no. But that isn't the issue. The point that I want to make, Mr. Manager, is that I believe that, for an event like this, if the Police Chief knows that's he has the support of the Commission on this weekend to look at moving duty police officers around, as far as I'm concerned, in my -- in district five, you know -- treat it just like it's today. Because I know what's happening in district five today, in my district, as it relates to police. They are all in another district and they damn well should be. And what I'm saying is is that if we can do that for marches, if we .could do that for other things, we ought to look at proactive ways -- we can't do it for everything. And, so, all that I'm asking is that we ask the Police Department to look at how we can 85 April 13, 2000 redistribute some resources and see if we can even come back later on and share the overtime costs because that's the number that's in the budget every year. So, Mr. Manager, you've got my views on that, and Mr. -- Commissioner Winton, I'm trying to provide more management options. I will tell you this -- and they never came back with it. When there was a summit -- when there was a Mayor's Summit going on on Miami Beach, there were not two police officers on Saturday morning in district five, in the Overtown area. They were all on Miami Beach. So, I know what goes on the way this stuff get gets scheduled, and it wasn't viewed as overtime. It's the way things get scheduled. Commissioner Regalado: If I may? Vice Chairman Gort: I'd like to -- yes. Commissioner Regalado: Just very briefly. I'm -- I've been talking to people, even to police officers, and, of course, on the media, and I want to request from the Manager that we get information on the money that has been spent in the Elian Gonzalez issue, and the reason is, Commissioner Teele is right. I mean, maybe what you're trying to do is the right thing because you move on duty to serve in other parts. Also, we have had to use overtime. But this is the federal government issue. I mean the Attorney General is coming here. The President is saying that you don't get involved. If it were for us, we'll do a resolution and the case is done and -- but we can't. Commissioner Winton: I'm not sure that this has anything to do with the subject that's at hand here, which is trying to approve finally what's going on with Goombay. Commissioner Regalado: What I'm saying, Commissioner Winton, is that since I have to leave =- because I've got to go do the TV program, I would like to say before I leave, that we need a report and we need from the Manager information as how to build the federal government for all these expenses. Commissioner Teele: Mr. Chairman, on the point. In the essence of time, I will take that as a constructive thought and I'll tell you how to do it right now. You make the motion and I'll second it, requesting that the president declare, under the FEMA (Federal Emergency Management Agency), a state of emergency for the purpose of reimbursing the City of Miami for all of -- and local government, for all of the costs associated with the matter. You make the motion and I'll second it, if the chair... Commissioner Winton: Isn't there a motion on the table? 86 April 13, 2000 Vice Chairman Gort: That was passed. That motion was passed alre.ady.. Commissioner Teele: No, there is no motion. We voted... Commissioner Winton: We didn't vote. Vice Chairman Gort: Yes, we did. Commissioner Teele: We voted on your issue relating to that. Vice Chairman Gort: We voted on your motion. We passed it. Commissioner Teele: And I said, now that we've resolved that, I discussed the issue of the Solid Waste. But I think he makes a very good point, and I don't mean tomake this a controversial thing, but we should try to get our money back. Commissioner Winton: Absolutely. Vice Chairman Gort: Go right ahead. Commissioner Regalado: OK. That would be my. motion, asking the President to declare a state of an emergency. Commissioner Teele: Emergency for the purpose of receiving FEMA reimbursement for the City of Miami and any other local government that has... Commissioner Regalado: Exactly. Vice Chairman Gort: There is a motion. Is there a second? Commissioner Teele: Second Vice Chairman Gort: Second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 87 April 13, 2000 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 00-316 A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING PRESIDENT WILLIAM JEFFERSON CLINTON TO DECLARE A STATE OF EMERGENCY IN THE CITY OF MIAMI, FLORIDA, DUE TO THE EXTRAORDINARY CONTROVERSY SURROUNDING THE ISSUES CONCERNING THE CUSTODY AND ASYLUM OF ELIAN GONZALEZ; FURTHER REQUESTING THAT THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") BE DIRECTED TO REIMBURSE THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND ALL OTHER LOCAL AND STATE GOVERNMENTAL ENTITIES FOR EXPENSES INCURRED IN THEIR EFFORTS - TO MAINTAIN IN PUBLIC PEACE, ORDER AND GENERAL WELFARE OF THE CITIZENS OF THE CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote:. AYES: 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: Let me tell y'all something... Commissioner Teele: And give it to the Mayor to hand -deliver... 88 April 13, 2000 • • Vice Chairman Gort: OK. Let's finish with the -- yes, ma'am. Ms. Dorothy Lee: I'd like to thank the Commissioners for approving this part on the agenda. Vice Chairman Gort: Yes, ma'am. We'll be working with you. And I like to give something -- before we all walk away. There is a resolution we need to pass. Well, I think we already passed it. We passed a resolution. Commissioner Regalado: We did. Commissioner Teele: We passed this, the first one. Vice Chairman Gort: OK Commissioner Sanchez: Listen, I have one pocket item. Vice Chairman Gort: There is one thing I'd like to do. The one thing that I would like to do is make sure that we get -- it's sort of a festival committee (inaudible) and we have some very successful festivals. And if we can get this under the City of Miami sponsorship, they'll be able to get more sponsors to pay for all their services. And you have Calle Ocho and you have the Arts Festival. They have a very good relationship with the sponsors. We should get them together so they can work with them and help them acquire more sponsors to sponsor the events. Commissioner Sanchez: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Sanchez: City Manager, if I may just direct one thing to you. I think that we should put this as an item on the agenda for the following agenda, whichever day you decide. Commissioner Teele: Which one? Commissioner Sanchez: The issue about sponsoring certain events. Because we have gone on and on to try to find solutions and the key word here is -- one is standardization, where everyone is treated fairly, and I could -- organization and standardization. So, let's put it on the agenda for -- whichever day you would -- it would fit on the agenda, to discuss it, so each district could select one -- and, you know, Commissioner Teele brought out some good concerns. Like my district has -- we have three events that I have to be careful which one I choose, but I think, with the representation in the Hispanic community, my colleagues could also pick up one of those items. But the key thing here is to one, organization, and 89 April 13, 2000 0 two, standardization. Where we pick an event that we could sponsor, so we could just get over this. Because every time an event comes forth, you have the district Commission come in front of the Commission and make the same arguments over and over and over and what we're doing is wasting time an just going around in circles. Commissioner Winton: What does each Commissioner sponsor mean? Commissioner Sanchez: Well, each Commissioner will pick one event in his district and they'll be a budget set for that -- whatever we're going to waive. Whatever is waived, and we'll discuss that. Commissioner Winton: You mean a. budget that's different than we treat everyone else with? Commissioner Sanchez: No, no, no, no, no, Johnny. Vice Chairman Gort: No. Gentlemen, my understanding is, a long time ago we approved that the administration set up a specific budget to sponsor those projects that brings significant and great benefit to the City of Miami. I received, about three weeks ago, a form that I was to fill out and see which project that I believed I needed to bring up to us to discuss and put them as a City -sponsored event. This way, if they are officially City sponsored events, they are able to get a sponsorship in the private sector, and this -- we have something very successful. Calle Ocho does not need any subsidize. Arts Festival doesn't need any subsidize. And there are many events that they don't need any subsidize, and those people that are very successful should work with the smaller ones and try to help them in getting sponsorship to work with them also. So, I think that you need to sponsor -- you need to fill out that application that you have with that memo, send it back to the administration so the administration can bring all those back to us, and then we'll make a decision, which people, we believe, are best for the City of Miami. Commissioner Sanchez: Mr. Chairman? Vice Chairman Gort: OK. Commissioner Sanchez: The groundwork is set. We have received that form. Let's just put it on the item so we could present what we want, so we could just get over this and we won't have to bring it up again. Vice Chairman Gort: Send the forms in. Commissioner Sanchez: OK. 90 April 13, 2000 n Vice Chairman Gort: Any other matter? I have a... Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Vice Chairman Gort: Any other matters? Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. • Commissioner Teele: Very quickly. I have an item under District 5. It is an item relating to the City Commission requesting the Manager to identify -- and I want to amend this. Not to deposit but to report back to the Commission -- Mr. Attorney, I want this to be on the regular agenda item -- inactive funds not to exceed a hundred thousand dollars ($100,000) in non interest-bearing accounts that are currently out there, that may be available to support the Little Haiti Federal Credit Union. And that has the proviso that the Credit Union must comply with Florida Statute 2010-02F -- "A" through "F," which makes them a qualified public depository, which also means that the funds are not at risk. They're fully insured. And what we're doing is asking the Manager to identify funds that are currently -- we have funds in interest-bearing -- non interest-bearing accounts. Mr. Donald Warshaw (City Manager): Correct. Commissioner Teele: And we do this routinely in government. I would so move. Commissioner Sanchez: Does the administration support it? Mr. Warshaw: As long as they qualify as an appropriate institution, that's not a problem. Commissioner Winton: Second. Commissioner Sanchez: With the amendment, as long as they qualify? Commissioner Teele: Yes. Commissioner Sanchez: I will put the amendment in... Mr. Alejandro Vilarello (City Attorney): And it will be back on the agenda. This will be back on the agenda for your consideration. Commissioner Teele: It'll be back on the agenda? All we're instructing them to do is 91 April 13, 2000 • identify money. He's not depositing anything. Commissioner Sanchez: OK. Commissioner Teele: On the question. Commissioner Sanchez: Is there a second? Commissioner Winton: Yes, I seconded it. Commissioner Sanchez: OK. • Vice Chairman Gort: There's a move and second. For discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 00-317 A MOTION DIRECTING THE CITY MANAGER TO IDENTIFY INACTIVE FUNDS, IN AN AMOUNT NOT TO EXCEED $100,000, AND COME BACK TO THE COMMISSION WITH A RECOMMENDATION TO CONSIDER DEPOSITING SAME IN A NON INTEREST-BEARING ACCOUNT AT THE LITTLE HAITI- EDISON FEDERAL CREDIT UNION FOR THE PURPOSE OF SUPPORTING THE COMMUNITY, SUBJECT TO CREDIT UNION COMPLYING WITH REQUIREMENTS OF SECTION 2010-02 "A" THROUGH "F" OF THE .FLORIDA STATUES RELATED TO QUALIFIED PUBLIC DEPOSITORY. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 92 April 13, 2000 • Commissioner Sanchez: Pocket item. I'll yield to you, Johnny. Commissioner Winton: Go ahead. No, go ahead. Commissioner Sanchez: No. My pocket item and... Vice Chairman .Gort: Accepting the painting of the donation of... Commissioner Sanchez: In the final stage of the Tower Theater construction it is a great honor that the world renown artist Xavier Cortada, has kindly donated one of his pieces of art, "The Guantanemro", to the Tower Theater. Therefore, I respectfully request to accept this gift on behalf of the Tower Theater, after the artist has met with requirements from the Cultural and Fine Arts Board Affair Council, and the Historic Preservation Board. Therefore moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Teele: Second the motion. Vice Chairman Gort: Discussion? Being none, all in favor state by saying aye.11 The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 00-318 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING, CONTINGENT UPON APPROVAL BY THE CULTURAL AND FINE ARTS BOARD AND THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, THE DONATION OF A PAINTING BY WORLD RENOWNED ARTIST XAVIER CORTADA, ENTITLED "GUANTANAMEROS", FOR DISPLAY AT THE TOWER THEATER, LOCATED AT 1508 SOUTHWEST 8TH STREET, MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 93 April 13, 2000 Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman. Gort: Commissioner Winton. Commissioner Winton: Pocket item. This is on the noise ordinance, again, related to filming. Is it respectfully recommended City Commission adopt the attached resolution declaring an exemption from the prohibit and restrictions contained in sections 36-4a and 36-5a of the Code of the City of Miami as relate to the level of hours of noise resulting from the filming of In the Shadows from April 24 through May 30 at various locations in the City, and there is a resolution attached. Vice Chairman Gort: There is a motion. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: It's .been moved and seconded. Discussion? Being none, all in favor state by saying "aye:" The Commission (Collectively): "Aye." 94 April 13, 2000 • 0 The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 00-319 A RESOLUTION OF THE MIAMI CITY. COMMISSION 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 RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM FILMING "IN THE SHADOWS," FROM APRIL 24 THROUGH MAY 30, 2000, AT VARIOUS LOCATIONS IN THE CITY OF MIAMI, SUBJECT TO IN THE SHADOWS, LLC, THE PRODUCTION COMPANY, OBTAINING CONSENT FROM OCCUPIERS OF THE AFFECTED PROPERTY AT EACH FILMING LOCALITY. (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. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: And the final item under District 5 -- this is not a pocket item. It's merely an item requesting -- resolutions from the City requesting the input from -- regarding the Miami River Commission. 95 April 13, 2000 r� IBJ Prior to consideration by the Commission, the ordinances be cleared with the Miami River Commission Committee, whose expertise we are called upon to rely upon and it's again designed to instruct parties that are. coming forward to Planning and all that to stop at the Miami River Commission and begin a process. I would so move. Commissioner Winton: Second. Vice Chairman Gort: Motion and a seconded. Any further 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. 00-320 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INFORM THE MIAMI RIVER COMMISSION OF ALL ITEM PENDING RESOLUTIONS, ORDINANCES OR ISSUES TO BE CONSIDERED BY THE CITY COMMISSION CONCERNING THE MIAMI RIVER AND SURROUNDING AREAS; FURTHER REQUESTING THAT THE MIAMI RIVER COMMISSION ISSUE AN OFFICIAL STATEMENT PRIOR TO CITY 'COMMISSION DELIBERATION OF SUCH ISSUES WHICH SHALL IDENTIFY THE IMPACT, IF ANY, OF ENVIRONMENTAL, ECONOMIC, SOCIAL, RECREATIONAL OR AESTHETIC MATTERS RELATED TO THE MIAMI RIVER; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 96 April 13, 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: I have one, the produce market. If you all recall, that's one of the worst areas that we have in the City of Miami. I can tell you that, today, that we're very proud, and the reason is, the private sector is working very closely with the City NET (Neighborhood Enhancement Team) and with the City administration. At this time, if you all recall, -- some of you were not here — that we passed a resolution to do a study, a traffic study of the produce market, and the implementation of it. The only part that was approved was the study, which it was twelve thousand dollars ($12,000). Now, we need the funding for the implementations of that, and I move that we — I understand we allocate those funds today. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: It's moved — moved by the Chairman. Is there a second? Commissioner Sanchez: Second Commissioner Winton: Second. Commissioner Teele: Second by Commissioner Sanchez. Discussion? Mr. Chairman, on this matter... Commissioner Winton: We already passed that, didn't we? Mr. Donald Warshaw (City Manager): That's the money that we... Commissioner Winton: Didn't we pass that? 97 April 13, 2000 • .• Mr. Warshaw: ...this morning with the event that... Commissioner Sanchez: Yeah, that's — we swapped. Commissioner Winton: Right. So, we don't need to do something again, do we? Commissioner Teele: Mr. Chairman, may I ask, who is coordinating this, on behalf of the City? Mr. Chairman, how are you all managing this market place thing? Is this being run by a CDC (Community Development Corporation) or is there a -- the Planning Office or the NET Office or the Development Office -- who's... Vice Chairman Gort: The only things that we've done so far are to implement the existing ordinance that we have within the City of Miami to clean up the place. We created, in working with them — and this is being done through the NET — we've worked with the private sector, and they had created an organization, which they're the ones, that going to be working with us to do some of the planning for the future use with that area. They want to create in the future a produce market that can be a tourist attraction, and people will be more than glad to visit us. Commissioner Teele: Mr., Chairman, constructively, I, really think it would be helpful if the Planning Department and the Development Department weighed in on this. When we discussed this a year and a half ago — you brought it up — I talked to the Commissioner of Agriculture in Tallahassee. They are prepared to make dollars — they were prepared to make substantial dollars available, but you've got to have a process that works through that. I mean, the Development Office is set up to sort of make those grant requests, and that kind of thing. I really do think that the produce market, under your leadership, could become one of the major tourist destinations, one of the major economic engines in the — outside of, you know, the Coconut Grove,. downtown area. And, in that regard, I would certainly support anything that you would do, but I would request that you really sort of create a task force or a working group within the City that could really get all of the places — you know, maybe even the Convention and whatever those people do, you know, because we've got a lot of resources. But we've got to make grant requests and all of that and all of that, and I think there's a tremendous opportunity, Mr. Chairman. Vice Chairman Gort: Commissioner Teele, right now, we are at the present of putting that product together, and like you said, we're working with the City staff now, but first we're working with the property owners within the area. We're in the process now of coming up with a product, like you stated, so. we can go after the grants and after the funding of it. And the most important part is, the private sectors really participated very heavily in this. And I think this program we can use as a pilot program to do in other of our neighborhoods. We now have the experience — and like I said with the festival, we can use that experience where we have learned to implement it in other areas. Mr. Raul Martinez (Assistant City Manager): And, Commissioner, let me add. Both the NET Office and the Planning Department have been involved in this process. I'm not 98 April 13, 2000 0 • sure if the Development Department has, but we'll definitely include it. Vice Chairman Gort: Thank you. Commissioner Winton: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Winton: I have one more request. As you -- you all remember, you appointed me Chairman of the Charter Review Committee. Vice Chairman Gort: That's correct. Commissioner Winton: And I've been working behind the scenes to begin to put the pieces together to make this things work, and I've decided that I would like to have a dialogue with my fellow Commissioners about the structure that we've -- in the resolution that we put in place. So -- and I'm -- and I don't want to take up a ton of time in a Commission meeting, and, so, it's been suggested that one way we might do this is through a workshop to have this discussion. Commissioner Teele: Yeah, perfect. Commissioner Winton: Is that all right with y'all? Vice Chairman Gort: That's fine. Commissioner Winton: So, I can call it? Vice Chairman Gort: You call it Commissioner Winton: OK. Great. Thank you very much. Vice Chairman Gort: You're the chairperson. You're the boss. Commissioner Winton: OK. Thank you. 99 April 13, 2000 • Commissioner Sanchez: Mr. Vice Chair? Vice. Chairman Gort: Yes, sir. • Commissioner Sanchez: Also, Commissioner Teele said that we could come back to appointments of boards. I've been advised by certain members of the Code Enforcement Board, that they have had a hard time getting a quorum together and, therefore, I have one appointment that I would like to make... Vice Chairman Gort: Go right ahead, sir. Commissioner Sanchez: If you would allow me, and that's Frank Lengyel, who will be my appointee to the Code Enforcement Board. Commissioner Teele: Second the motion. 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 motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 00-321 A MOTION APPOINTING FRANK LENGYEL AS A MEMBER OF THE CODE ENFORCEMENT BOARD. 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 100 April 13, 2000 ® 1 • Commissioner Teele: Mr. Chairman, what's the order of the day? Now, is your -- we've got two items today, one at 5:00 and one at 5:30 or one at 5:30? Vice Chairman Gort: That is correct. My suggestion is -- can we come back about 5:30, those of us who can? Hopefully, by then, we'll have some good news or... Mr. Alejandro Vilarello (City Attorney): You have the two PZ items, 1 and 2, and items 36 and 37. Vice Chairman Gort: OK. Mr. Vilarello: And there is one item, if I may, that was advertised for today's meeting that was not on the agenda, it related to the second reading of the cable ordinance, and just -- we requested the City Commission agree to defer that to the next Commission meeting. It was advertised for today, but did not make the agenda. Commissioner Teele: So moved. Vice Chairman Gort: It's a motion. It's been moved and second? Commissioner Sanchez: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 00-322 A MOTION DEFERRING CONSIDERATION OF PROPOSED CABLE TELEVISION ORDINANCE, WHICH WAS ADVERTISED TO BE CONSIDERED ON THIS DATE, BUT NOT INCLUDED AS PART OF TODAY'S CITY COMMISSION AGENDA. 101 April 13, 2000 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. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: If this community is in a situation of unreadiness, I would assume that, by acclamation, we would agree to call a special Commission meeting to take care of that other item, if we're not able to reconvene. You need at least four people -- Vice Chairman Gort: Right. Commissioner Teele: -- to have any discussion on those items. Vice Chairman Gort: My suggestion is -- I think, by .four o'clock today, we'll be able to know what the situation is in the City of Miami, and then, if we do have calm and everything is going smooth, we... Commissioner Teele: Will you advise the Clerk's Office? Vice Chairman Gort: I'll advise the Clerk and the City Manager to contact all of us to get back here at five o'clock -- 5:30. Mr. Vilarello: So, the Commission meeting will reconvene at 5:30? Commissioner Teele: Yeah. Mr. Vilarello: The meeting... Vice Chairman Gort: OK. Question. Mr. Vilarello: You might not have a quorum at 5:30. 102 April 13, 2000 Vice Chairman Gort: Let's go through it again. If, by any chance, at 5:30 we're not able to come together, can we have another resolution where we can continue... Commissioner Teele: Well, you could as Chairman, you could call a meeting. Vice Chairman Gort: I could continue the meeting at any time afterwards. Mr. Vilarello: Right. At 5:30 if this Commission doesn't have a quorum, the meeting won't proceed and the Chairman can call a special meeting at the... Commissioner Teele: A quorum is four-fifths for purposes of today. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 11:58 AM AND RECONVENED AT 5:34 PM, WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. Vice Chairman Gort: Mr. Attorney, my understanding is we need to address item number 36 in the agenda today. Mr. Donald Warshaw (City Manager): You want to start with 36 or the PZ items? Vice Chairman Gort: Is the PZ... Mr. Warshaw: We have two PZ items. Vice Chairman Gort: What's the item number on this? Mr. Warshaw: PZ -1 and PZ -2. Commissioner Winton: Where is it? Mr. Warshaw: They are right behind the blue pages on your regular agenda. Vice Chairman Gort: OK. Right after Teele's. Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -1 is a 103 April 13, 2000 0 second reading ordinance on the Adult Entertainment Amendment that I described to you a couple weeks ago at the PZ meeting. This in order to eliminate them from C-2 and add distance requirements in' the industrial district. Are there any questions? Vice Chairman Gort: OK. Commissioner Sanchez: This... Vice Chairman Gort: OK. Just a minute. Is anyone is here on item PZ -1 that would like to testify; they have to be sworn in. If there is anyone here on item PZ -1 you would have to by sworn in. Show no one has come forward. Yes, Commissioner. Commissioner Sanchez: This item was moved by me and I'm willing to move it again, or was it moved by Johnny? Johnny, did you move the first one? Well, I'm willing to second it again, if you make the motion. Commissioner Winton: OK. I'll move it. Vice Chairman Gort: There is a motion. Commissioner Sanchez: Second. Vice Chairman Gort: And there is a second. Discussion? Commissioner Teele: Discussion. Mr. Attorney, regarding the adult entertainment, would you explain to me exactly what we're doing in the context of the change and I'm really concerned and focused on any applications that may have -- I certainly want to respect due process, but at the same time, I'm not prepared to waive the rights of the City Commission and government to insist upon appropriate cosmetic and aesthetic hearings, et cetera. So, explain to me what this does for existing uses. I'm not concerned about what we're prohibiting. That's not the question. The question for me is, existing uses. Mr. Joel E. Maxwell (Assistant City Attorney): This doesn't do anything to existing uses, other than to subject them to non conforming use provisions should they discontinue the use for six months or if they attempt to enlarge significantly modify the use, they would be prohibited from doing so. That's all this does to existing uses. Commissioner Teele: All right. Then let me understand this. Is -- didn't we do something recently related to Class II, where we basically dropped back the public hearing requirements? 104 April 13, 2000 Ms. Slazyk: That's on the entertainment districts, which is the next item, PZ -2. Not the adult entertainment. Commissioner Teele: On adult entertainment, is there a public hearing requirement for existing -- for any variances of existing use? Ms. Slazyk: Well, we don't have use variances in the City, so... Commissioner Teele: Well, for any exceptions. Ms. Slazyk: OK. If there is a special exception requirement, then there would be a public hearing. But the way this is written, the adult entertainment is not going' to require special exception, but it's just -- it's limited in where it can go. It's only an industrial. Commissioner Teele: I understand on anything in the future. I'm concerned now about right now. Ms. Slazyk: Yes. Commissioner Teele: I'm concerned now about right now. Ms. Slazyk: In the past -- OK, existing ones, right. Commissioner Teele: In the past, if an adult entertainment is seeking special exceptions... Ms. Slazyk: Yes, there would be public hearings. Definitely. Commissioner Teele: What authority -- you know, what authority does the director have, Planning or Zoning, in ensuring that gentlemen clubs don't become less gentlemanly? Mr. Maxwell: I think what you're asking, Commissioner, here is if an application. Commissioner Teele: Signage. You know, I don't know if you've ever seen a British casino, but... Mr. Maxwell: May I assist you on this, Commissioner? Commissioner Teele: I'm looking for help. Mr. Maxwell: I believe what you're asking the Planning Department to -- information -- to provide you is with information that they -- what do they use -- what do you -- what the City -- wait a minute. 105 April 13, 2000 • • Ms. Ana Gelabert (Director, Planning & Zoning): If I may? Mr. Maxwell: Wait a minute. When you are reviewing an application for an adult entertainment establishment, what criteria do you use? Ms. Gelabert: I would like, if I may, to have Juan Gonzalez, the Zoning Administrator, to explain what is the process right now in the zoning ordinance, as far as adult entertainment. . Juan Gonzalez: Juan Gonzalez, Planning and Zoning. Right now the only criteria we have is distance requirements. No other criteria. There is no special exception. No special Class II review. Vice Chairman Gort: So, by passing this ordinance today, what would happen then? Ms. Gelabert: What we're doing is -- right now, what we're limiting is where the adult entertainment can come. That's what this ordinance is doing. Right now it's allowed under C-2, which is general, commercial and industrial. What we're doing is limiting to industrial by increasing -- by saying only industrial and increasing the radius from residential, but it will not require any special review. (Inaudible). Commissioner Teele: Let me just understand one thing. I understand what we're doing now, but what we're doing now doesn't deal with what's going on now, and I'm going to stay focused on what's going on now. If someone doesn't have -- do you have the authority now to regulate the signage or to approve the signage of an adult entertainment facility? Ms. Gelabert: What we have is -- the ordinance states by square footage how much signage they can have. That's the -- if it is on a special -- no, actually no. If you're talking about design review, no, we do not. It is by square footage. It's the size of the signage. Commissioner Teele: Mr. Attorney? Mr. Maxwell: Yes, sir. Commissioner Teele: Is - this is an ordinance, right? Mr. Maxwell: Yes, sir. Commissioner Sanchez: Second reading. Commissioner Teele: Can you prepare an ordinance that, in some way, 106 April 13, 2000 gives the director design criteria for signage in existing uses -- where there are existing uses? Mr. Maxwell: Well, the... Commissioner Teele: Obviously, if a sign is up, you can't make somebody take it down. But if a sign is not up, you can -- there is no right well established. There is no right to be able to put up a certain kind of sign.. Mr. Maxwell: Well, under the City's police powers we can regulate signage generally. And, in fact, when they review applications for these type uses, they do look at the signage -- the size of the sign, location, so forth, as they would a sign at any location. I think to adopt regulations that deal with signage of adult uses, in particular, may create some legal questions. They can, in fact, adopt additional regulations, at your direction, that would look at signs for all uses. Additional conditions and so forth. Commissioner Teele: All right. Well, I think we all understand the concern that we have. Finally, if there is -- let's say that a use has nonconforming issues, are those issues for adult facility resolved at the director's level or are they resolved at the Commission level? Let's say, hypothetically, it needs 30 parking spaces and it has 29. Mr. Maxwell: Well, that's an enforcement issue. If it's deemed a non- conforming use, it will be handled by the administration, unless they were. seeking some type of relief from the City that they were entitled to. Commissioner Teele: Well, this is... Vice Chairman Gort: Wait a minute. Let's let Commissioner Teele finish because I have another Commissioner asking for the floor. Commissioner Teele: Let me query the director, if I may. Madam Director, you're saying that you have the authority, in the case of adult facilities, to issue -- to allow nonconforming uses within your discretion? In the case I used of 30 parking spaces would be required and they only have 29, as a hypothetical. Do you have that authority to grant a... Ms. Gelabert: It's when it... Commissioner Teele: A waiver? Ms. Gelabert: When it's a parking -- when they are coming for a parking variance, it comes and then we -- right now, as it's coming, other -- 107 April 13, 2000 another adult entertainment, the parking variance, they would make the request; we make a recommendation, and then it goes to the Zoning Board. Commissioner Teele: So, it goes to the Zoning Board? Ms. Gelabert: Yes. If -- if there is an appeal, it comes to you. If it does not have an appeal, then it does not -- it stays at the Zoning Board. Commissioner Teele: OK. Unidentified Speaker: That's different. Commissioner Teele: I'm very clear on what we're doing today. What I'm really trying to get at is, I really don't think -- I think adult entertainment facilities are of such importance in some neighborhoods that any waiver of that should be made with the input of the Commission and especially the Commissioners whose district that this is impacting upon, and I won't delay this because we've got some other important issues, but I would like the opportunity to meet with the director and the lawyer. Because I have a very real concern. Everywhere in this State, Tampa, Ft. Lauderdale, everybody has regulations that are for adult facilities, and the equal protection issue is not with -- notwithstanding do not grant equal protect - - do not grant the same level of scrutiny for an equal protect -- for an adult facility, as somebody building playgrounds for children. Mr. Maxwell: No, you're absolutely... Commissioner Teele: And I don't want to waive our rights on that. So, we'll take that up at a different point. But what I don't want is to see a series of administrative decisions that are being made, such as granting of exceptions . for parking or for landscaping or for signage or something, that gives us the community that I don't think we want to have, particularly in the downtown area. Commissioner Sanchez: Mr. Chairman? Vice Chairman Gort: OK. Commissioner Sanchez. Commissioner Sanchez: Thank you. What this ordinance does, it does -- it protects a community and it's exactly -- I think this ordinance came out of what happened in my district, which I'm not going to say the name of the company, but it's -- it was right across from a residential zone. In other words, all it does is eliminates adult entertainment use within .the C- 2 district and will modify distance limitation within the one industrial district. So, having that in mind, the situation in my district, where that 108 April 13, 2000 establishment was established, was placed was across the street from a residential and close by to schools and stuff. Now, I could see where Commissioner Teele gets to, where you want to have -- if we have established those areas where they could be located, where signs don't exact -- I mean, they could exist there without even knowing that they are there. In other words, you don't want spinning signs, big signs that say adult entertainment. So, those are things that we need to look at. Vice Chairman Gort: Further discussion? Read the ordinance. Mr. Maxwell: You have a motion and second on that, Commissioner? Vice Chairman Gort: It's been moved and second. Roll call. An Ordinance Entitled: AN ORDINANCE AMENDING ORDINANCE 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 SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of March 23, 2000, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11916. 109 April 13, 2000 Vice Chairman Gort: Thank you. PZ' -2, second reading. Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -2 is second reading as well. This is due -- to establish the entertainment districts in the... Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved. Commissioner Winton: Second. Vice Chairman Gort: Second. Discussion? Any discussion? Being. none, read the ordinance. Roll call. 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. 110 April 13, 2000 was passed on its first reading, by title, at the meeting of March 23, 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: 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11917. Vice Chairman Gort: Thank you. Lourdes, we're also going to be looking at the Omni district, right? Ms. Slazyk: Yeah. That one we're still -- we're going to take a look at the Omni. Vice Chairman Gort: OK. Thank you. Okey doke. Vice Chairman Gort: Item 36. Mr. Donald Warshaw (City Manager): OK. Commissioners, item 36 is a resolution requiring a four-fifths vote. It basically does three things: Number one; it waives the requirements for competitive negotiations. In addition to that, it basically gives the Manager the right to approve the finding that it's advantageous to enter into a management agreement with the YMCA (Young Men Christian Association), and third, it authorizes the Manager to execute an agreement with the YMCA. So, it does three things. Now, we have, if you like; a short presentation or response to 111 April 13, 2000 questions, however you would like us to... Walter Foeman (City Clerk): Mr. Chairman? Commissioner Winton: Move the resolution. , Vice Chairman Gort: Now, my understanding is, we've been negotiating this for quite a bit. I was asked by the Commission to mediate when some of these transactions were taking place, and I think we have come to an agreement with everybody in agreement with the contracts that we have in front of us. I would like to have a small presentation so everyone can be seeing it. Commissioner Regalado.- Commissioner Regalado: I just -- one comment -- one word. Finally. (Applause) Vice Chairman Gort: OK. Commissioner Regalado: I had a presentation, so I don't -- everybody had a presentation and everybody here -- I'm sure that our (inaudible) I heard that Commissioner Winton moved the item, so I would second it. Vice Chairman Gort: It's been moved and there is a second. Any discussion? Commissioner Sanchez: Yeah. And second. We don't need a resolution. Ready to vote. Vice Chairman Gort: Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 112 April 13, 2000 0 C The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 00-323 A RESOLUTION ' OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, WAIVING THE REQUIREMENTS FOR COMPETITIVE NEGOTIATIONS, AND RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT IT IS ADVANTAGEOUS AND PRACTICABLE FOR THE CITY MANAGER TO NEGOTIATE A MANAGEMENT AGREEMENT FOR THE MANAGEMENT OF PUBLIC HEALTH, FITNESS, AND RECREATIONAL PROGRAMS AT THE VIRRICK GYM PROPERTY LOCATED AT 2600 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA (THE "PROPERTY"); AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH YMCA OF GREATER MIAMI, INC. A NON - PROFIT CORPORATION, FOR THE MANAGEMENT OF A PORTION OF THE PROPERTY FOR THE PURPOSE OF PROVIDING PUBLIC HEALTH, FITNESS AND RECREATIONAL OPPORTUNITIES TO ALL SEGMENTS OF THE COMMUNITY, WITH AN INITIAL TERM OF EIGHT (8) YEARS; PROVIDING FOR AN ANNUAL ADMINISTRATIVE FEE OF $500, PLUS 50% OF NET INCOME; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 113 April 13, 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. Item... Commissioner Teele: Mr. Chairman... (Applause) Vice Chairman Gort: Please, please. Please. We have another item. They might change their minds, so let's keep it quiet. Yes, Commissioner Teele. Commissioner Teele: Mr. Chairman, on the item, if Mr. Mauk -- I would like to establish one thing on the record, if Mr. Mauk would come forward. Mr. Mauk, again, let me congratulate you in your fine representation and delegations. In the discussions, we had a discussion which I would like to make a part of the record, that the use of this facility by both Shake -a -Leg and the "Y" would create some amount of parking -- will generate some amount of parking. Recognizing that the land contiguous to this is set-aside for public purpose with the Department of Interior. And recognizing that you all have a working relationship with the Department of Interior, it was my understanding that you and the "Y" jointly would generate your traffic demand, parking, et cetera, demand and would seek to advise the Manager and the Department of Interior of what this peak demand would be. You know, that is sort of like a utility company where you don't generate it based upon the minimum. You generate it on the maximum. And it's my understanding that based upon that, we would work toward creating additional parking for public purpose in the area that is now the unimproved parking lot, recognizing that the parking lot today, when it is improved, will actually have a reduction of about fifteen percent -- ten to fifteen percent of the parking spaces, and further recognizing that that amount of space is not adequate, at this point, for even your needs and the "Y's" needs. Is that a fair understanding, and that you would seek to get back to Manager and 114 April 13, 2000 the Commission and the Department of Interior within the next 60 days to advise them of what the additional requirements would be? And then we would work towards seeing how we could enhance the parking, over and beyond what's being presented here now, which is about a 160 spaces, to see if there is some way that we can figure out a way, within that contiguous area, to meet the full load of the maximum needs that may be required for public purposes. Mr. Bill Mauk: We very much want to participate in that process. Vice Chairman Gort: Excuse me, sir. Name and address, please. Mr. Mauk: My name is Bill Mauk, and I live in Coconut Grove at 2 Grove Isle Drive: I unequivocally respond by saying yes to that, so we want to participate in the process. We want to provide the information you requested. We'll be more than happy to go forth to the Department of Interior with that information, as well as to work with City people, and talk about the community purpose that additional parking will really provide for this community. So, we're more than happy to do that. Commissioner Teele: What I want to establish, though, is that let's just focus on the public purpose needs that are not being met in that area. I don't really want to talk about any commercial or other uses, and if we can just quantify that, then, on a separate track, I'm going to ask the Manager to work with the Planning Department and the Development Department, and the Asset Management to determine what the other commercial needs are in other areas. But I wanted to just put that on the record and -- so that this could be a part of the record in establishing the need, the public purpose need, for additional parking in this area. Mr. Mauk: We're very happy to work with you on that work with the City and the Department of Interior. Commissioner Teele: Thank you. Mr. Manager, I would hope that you all would work with them. Vice Chairman Gort: Thank you, sir. Mr. Manager, what we're looking at, we had a couple of more projects that are going to go in that area. So, I think we should look at the parking at the whole structure, all the way from there up to City Hall. OK. Mr. Warshaw: All right. Vice Chairman Gort: Thank you. Commissioner Sanchez: Mr. Chairman? 115 April 13, 2000 Vice Chairman Gort: Yes, sir. Commissioner Sanchez: If I may. You know, this City has had a sad history of executing ill-conceived and costly deals when it's come to public property; however, this is something that we could all be proud of. This is something that everyone is going to enjoy, and after having many discussions and many meetings that we've had in my office, my message that I have sent is that no child who visits this state-of-the-art and wonderful facility shall ever be turned back if ,they want to use this facility. This is something that we could all be proud of. It's been a long time in the making. But, you know what, I think it's an example of the many, many good things to come to this wonderful City. (Applause) Vice Chairman Gort: Wait. We have one more item. We have one more item. They could change their mind. Vice Chairman Gort: Item 37. Mr. Donald Warshaw (City Manager): Commissioners, item 37 is also a resolution requiring a four-fifths vote an it basically does the same three things, authorizing... Vice Chairman Gort: Commissioner Winton's district. Mr. Warshaw: And this is with Shake -a -Leg of Miami, Incorporated. Commissioner Winton: So. moved. Commissioner Regalado: Second. Vice Chairman Gort: There is a motion and there is a second. Any discussion? Being none, all in favor state by saying "aye." -- I have one. You have to show me how to say all that. All in favor state by saying "aye it The Commission (Collectively): "Aye." 116 April 13, 2000 ®. • The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 00-324 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, WAIVING THE REQUIREMENTS FOR COMPETITIVE NEGOTIATIONS, AND RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT IT IS ADVANTAGEOUS AND PRACTICABLE FOR THE CITY MANAGER TO NEGOTIATE A MANAGEMENT AGREEMENT FOR THE MANAGEMENT OF PUBLIC, WATER - ORIENTED, RECREATIONAL PROGRAMS AT THE VIRRICK GYM PROPERTY LOCATED AT 2600 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SHAKE -A -LEG MIAMI, INC. A NON-PROFIT CORPORATION, FOR THE MANAGEMENT OF A PORTION OF THE VIRRICK GYM PROPERTY FOR THE PURPOSE OF PROVIDING PUBLIC, WATER - ORIENTED, RECREATIONAL AND EDUCATIONAL OPPORTUNITIES TO ALL SEGMENTS OF THE COMMUNITY, WITH AN INITIAL TERM OF EIGHT (8) YEARS; PROVIDING FOR AN ANNUAL ADMINISTRATIVE FEE OF $500 PLUS 50 PERCENT OF NET INCOME; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 117 April 13, 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. Good night. Have a good evening. (Applause) Vice Chairman Gort: Do we have any other items? Commissioner Winton: I -- it's teamwork up here. I need to make a Parks appointment. Vice Chairman Gort: Right. Any appointments you all want to make? Yes. Commissioner Winton. Commissioner Winton: Bob Flanders for the Parks Advisory Board, which I understand is trying to get cranked up. Vice Chairman Gort: This is a motion. Is this a second? There is a motion. Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: Been moved and second. Discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 118 April 13, 2000 • The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 00-325 A MOTION APPOINTING BOB FLANDERS AS A MEMBER OF THE PARKS ADVISORY 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: Commissioner Regalado, you have an appointment? Commissioner Regalado: Yes, I do. Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Regalado: For the Parks Advisory Board, Carlos Arbaleya, Sr. That's one appointment. Vice Chairman Gort: Is there a second? Commissioner Teele: Second. Vice Chairman Gort: It's been moved and second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 119 April 13, 2000 The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 00-325. I A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS ABSENT Commissioner Regalado Zoning Board. Vice Chairman Gort: Yes. None. None. I have an appointment, Mr. Chairman, for the Commissioner Regalado: Angel Urquiola. Commissioner Teele: Second the motion. Vice Chairman Gort: It's been moved and second: discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Any further. 120 April 13, 2000 0 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 00-326 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER OF THE ZONING BOARD FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Regalado: Mr.`Chairman, I have another appointment for the Code Enforcement Board. Vice Chairman Gort: Go ahead. Commissioner Regalado: Paul Dehesa. Commissioner Teele: Second the motion. Vice Chairman Gort: It's been moved and second. Is there any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 121 April 13, 2000 9 . 0 The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 00-327 A MOTION APPOINTING PAUL DEHESA AS A MEMBER OF THE CODE ENFORCEMENT BOARD. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Commissioner Regalado: There is need for a residency waiver for the Historic Preservation Board, Ray Martinez. Mr. Walter Foeman (City Clerk): For the record, that's for the Citizens Category. Commissioner Regalado: We need a residency waiver for Ray Martinez. Commissioner Teele: Second the Motion for the waiver. That requires a four-fifths vote? Vice Chairman Gort: It's been moved and second for the residential waiver. Any discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 122 April 13, 2000 • • The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 00-328 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN; FURTHER WAIVING THE RESIDENCY' REQUIREMENTS AS IT PERTAINS TO SAID APPOINTMENT. (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 Teele: That requires a four-fifths vote and it's present. Mr. Foeman: That's correct. Vice Chairman Gort: Yeah. Any other ones? Commissioner Winton: Yes. Commissioner Regalado: I do have a pocket item. Vice Chairman Gort: Go ahead, sir. Commissioner Regalado: It's a request from the administration of a 123 April 13, 2000 • • waiver of a noise ordinance for the filming of In the Shadows. Commissioner Teele: Second the motion. Commissioner Regalado: From April 24 through May 30, year 2000, at various locations. Mr. Walter Foeman (City Clerk): Commissioner that was taken up -- Vice Chairman Gort: That was done this morning. Mr. Foeman: -- this morning. Vice Chairman Gort: That was done this morning. Commissioner Regalado: Huh? Vice Chairman Gort: That was done this morning. Commissioner Regalado: It was done. OK. Vice Chairman Gort: OK. Any other business to be brought... Commissioner Teele: Huh? Vice Chairman Gort: Any Other business? Do I have a motion to adjourn? Commissioner Teele: Mr. Chairman, the Parks Director. Mr. Albert Ruder (Director, Parks & Recreation): Albert Ruder, Parks Department. Several of you also have appointments to the Parks Advisory Board. Do you want to make them at another time or you have... Vice Chairman Gort: Make them at another time. Mr. Ruder: OK. Commissioner Regalado: I already made one. 124 April 13, 2000 Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: I would just like to reiterate, while the Parks Director is here, is on next Wednesday, at one o'clock, one of the things that you worked so hard on, Commissioner Gort, which is the Hadley Park Senior Center is going to have a groundbreaking, ready or not, at one o'clock, at Hadley Park, an the entire Commission is the invited to make remarks and presentations and speak. Vice Chairman Gort: We'll be there. Commissioner Teele: Hadley Park. It will go from about 1:00 until the president of the Homeowner's Association, Mr. Herschel Haines is there, and it's moving very well. And I -- again, we heard those very fine comments from the Safe Neighborhood Bond. And the importance of that is that that committee votes on all of the parks issues. So, request that we'll have in the -- in this coming year and next year will have at least a receptive ear based upon the way we're doing things. So, I appreciate it. Vice Chairman Gort: OK. Thank you. Commissioner Winton: Mr. Chairman, I messed up. Could I have one more appointment that I'd like to make? Vice Chairman Gort: Go right ahead, sir. Commissioner Winton: Another alternate to the Code Enforcement Board, Arles Carballo. Vice Chairman Gort: Arles Carballo. Commissioner Sanchez: Second. Commissioner Regalado: Second. Vice Chairman Gort: It's been moved and second. Any further discussion? Being none, all in favor state by saying "aye." The 125 April 13, 2000 Commission (Collectively): "Aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 00-329 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS AND AS ALTERNATE MEMBERS OF THE CODE ENFORCEMENT BOARD TO FILL THE REMAINDER OF UNEXPIRED 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 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: Yes, sir. Mr. Raul Martinez (Chief of Police): Commissioner, I just want to remind the Commission of a memo we sent you last week of the opening finally of the Tower Theater on April 24, at 5:30 p.m. We're having the ceremony on the 241h Vice Chairman Gort: Yes. Commissioner Regalado: But, you know, I think... 126 April 13, 2000 Commissioner Sanchez: I thought you were going to tell me it was going to be postponed. Commissioner Regalado: No. I think you guys should know something. Remember that was always said -- first of all, the. contract is expiring.. We need to vote on the contract today. We did, right? But the second issue is that; remember that we were told always that the two theaters will be used for film and live shows, right? And, you know, plays and shows. There is a problem. The way that it was built, it cannot accommodate a live show. So, the management is willing and they desire to do live shows because that would bring another kind of public, and it would give Hispanics and other community actors the possibility of having the show. So we've got to do something. I mean, not right now. Not delay the opening, but something can -- should be done. Commissioner Regalado: No, no, no, no. I mean -- no. I'm serious. Because they have the film festival anyway. But I'm serious. Raul, something has to be done so they can accommodate. The space that they have... Commissioner Teele: Who is the Commissioner responsible for designing this thing? Commissioner Regalado: I wasn't. But I was there. I'm telling you that that can be fixed. It would probably cost a little, but it can be fixed. And you know, we promised the community that there will be live shows in the theater, in one of the areas. Not everyday, but, you know, like the contract says, live shows. So, we've got to do something about it. Mr. Martinez: And, Commissioner, as you know, one of the two theaters does have a stage. I'm sorry, I... Commissioner Regalado: The stage, they say, is not visible for this kind of place. That's what they say. They know about it. I mean... Mr. Martinez: Again, I'm not -- I definitely have no knowledge of that area whatsoever. Commissioner Teele: Are we going to open it or not, that's the question? Mr. Martinez: Yes, .we are. Commissioner Regalado: Oh, yeah, we are. Commissioner Teele: What time? 127 April 13, 2000 0 Mr. Martinez: April 24, 5:30 p.m., ribbon cutting. Commissioner Regalado: Five... Commissioner Sanchez: Five o'clock. Vice Chairman Gort: OK. Commissioner Teele: On April 24? Mr. Martinez: Yes, sir. Vice Chairman Gort: Thank you. I hope the staff has (inaudible) yes, Commissioner Winton. Commissioner Winton: This is just an informational piece for my colleagues. I got a call from a friend of mine late this afternoon, and he has been notified that the County Commission, under Commissioner Dennis Moss' direction, is going to hold a workshop, and he wasn't sure of the date, but it's coming very soon, and the. purpose of the workshop was to essentially fight to make sure that the City of Miami and City of Miami Beach are both completely removed from receiving any County CDBG (Community Development Block Grant) funding so that all of it will then go to other County 'neighborhoods. So, I think that each of us needs to know about that because it will impact the ability of our groups to... Vice Chairman Gort: Well... Commissioner Regalado: They have already. They do not fund any social programs in the City of Miami. Commissioner Winton: Well, but we still get some money because I know of a number of agencies that's get County -- and some of the affordable housing developers that get County dollars that help supplement the dollars that we bring to the table, and it makes the big difference in terms of getting them over the hump. So, all of that is what they are looking at taking away. So... Vice Chairman . Gort: Commission, I understand it's at least about six or seven Commissioners that do have City of Miami as part of their district. So, that will be considered. 128 April 13, 2000 C7 Commissioner Winton: So, we probably need to talk to our colleagues. Vice Chairman Gort: Right. Any other -- do I have a motion to adjourn? Commissioner Winton: So moved. Commissioner Regalado: I just want to say... Commissioner Teele: We love each other. We can't leave. Commissioner Regalado: Yeah. Right. Now that you made me... Commissioner Teele: No. I'm only joking. Vice Chairman Gort: Go ahead. Commissioner Regalado: No. I just want to say something that -- to the Manager that I really commend you for the way that the Police Department is handling the Elian Gonzalez issue. I would tell you that if I have to criticize, I do, but I've been there everyday. Not as much time as our Mayor, but I have tried to be there all the time to see the people and the Police Department has been in a mood of cooperation and hopefully, with the good news of today, it will continue like that. So, I really thank you, Mr. Manager, Mr. Donald Warshaw (City Manager): I'll pass that along to the Chief. Thank you. Vice Chairman Gort: Thank you. Do I have a motion to adjourn? Commissioner Winton: Already made. Vice Chairman Gort: Moved, second. Thank you. Have a good one. 129 April 13, 2000. 9 • THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:05 PM. ATTEST: Walter Foeman CITY CLERK Sylvia Lowman ASSISTANT CITY CLERK JOE CAROLLO MAYOR (S E A L)- 130 April 13, 2000