HomeMy WebLinkAboutCC 2000-07-27 MinutesI
CITY OF MIAMI
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON JULY 27, 2000
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
INDEX
MINUTES OF COMMISSION MEETING
JULY 27, 2000
ITEM NO. SUBJECT
LEGISLATION
I . PRESENTATIONS:
7/27/00
STUART SORG PRESENTS MEDALS TO CHILDREN
PRESENTATION
OF THE COCONUT, GROVE", SAILING CLUB:
2-3
ALEJANDRO CANELAS, BRI PRANO, MICK
BUTLER, SARAH RAWLEY, ELIZABETH RAWLEY,
BENJAMIN MEDUIN, ALEXIS TAYLOR, &
NICHOLAS RAMIREZ.
COMMENDATION TO STUART SORG, SAILING
INSTRUCTOR OF THE COCONUT GROVE SAILING
CLUB.
RECOGNIZED COCONUT GROVE SAILING CLUB
FOR PROVIDING OPPORTUNITY TO SAIL IN
MAGNIFICENT BISCAYNE BAY.
2. COMMENTS BY REVEREND RONALD FOX, CALEB
7/27/00
DAVIS, YVONNE MCDONALD AND GLEN DISTON
DISCUSSION
REGARDING THE COCONUT GROVE LDC. (LOCAL
4-5
DEVELOPMENT CORPORATION).
3. MANAGER TO EXPEDITE PAYMENTS TO SMALL 7/27/00
VENDORS DOING BUSINESS WITH THE CITY DISCUSSION
RELATED TO LOT CLEARANCE. 6
4. NEGOTIATE LONG TERM INTERLOCAL 7/27/00
AGREEMENT BETWEEN THE CITY OF MIAMI, R-00-646
CHILDREN'S YOUTH MUSEUM, AND MIAMI 7-9
SPORTS AND EXHIBITION AUTHORITY FOR
CHILDREN'S MUSEUM TO BE DEVELOPED IN
WATSON ISLAND.
5. CONSENT AGENDA
5.1 AUTHORIZE PROCUREMENT OF LAWN
MAINTENANCE EQUIPMENT REPLACEMENT
PARTS AND REPAIR SERVICES FOR DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION FROM
VARIOUS VENDORS, UNDER EXISTING MIAMI-
DADE COUNTY CONTRACT, $75,000.
5.2 AUTHORIZE PURCHASE OF GRAPHIC DESIGN
SERVICES; FOR DEPARTMENT OF COMMUNITY
DEVELOPMENT FROM SONSHINE
COMMUNICATIONS, UNDER EXISTING STATE OF
FLORIDA NEGOTIATED AGREEMENT PRICE
SCHEDULE ("SNAPS") AGREEMENT, $9,000.
5.3 AUTHORIZE PROCUREMENT, DELIVERY AND
INSTALLATION OF TELEMETRY EQUIPMENT,
MOSCAD-L SYSTEM, FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, FROM
DCR ENGINEERING SERVICES, INC., UNDER
EXISTING STATE OF FLORIDA NEGOTIATED
AGREEMENT PRICE SCHEDULE ("SNAPS")
AGREEMENT $33,841.
5.4 AUTHORIZE ALLOCATION OF $67,200 FROM
25TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT ("CDBG") FUNDS FOR
REHABILITATION OF FORTY-EIGHT (48)
BUSINESSES LOCATED IN DOWNTOWN AREA
AS PROJECTS OF CITY-WIDE COMMERCIAL
FA( 'ADE PROGRAM; DESIGNATING DOWNTOWN
MIAMI PARTNERSHIP, INC., AS ORGANIZATION
TO IMPLEMENT PROGRAM AND DISBURSE
FUNDS TO PROGRAM PARTICIPANTS.
7/27/00
DISCUSSION
10-11
7/27/00
R-00-647
11
7/27/00
R-00-648
12
7/27/00
R-00-649
12
7/27/00
R-650
13
5.5
AUTHORIZE ALLOCATION $54,600 FROM 25TH YEAR
7/27/00
COMMUNITY DEVELOPMENT BLOCK GRANT
R-00-651
("CDBG") FUNDS FOR REHABILITATION OF THIRTY-
13
NINE (39) BUSINESSES LOCATED IN DOWNTOWN
AREA AS PROJECTS OF CITY-WIDE COMMERCIAL
FACADE PROGRAM; 'DESIGNATING DOWNTOWN
MIAMI PARTNERSHIP, INC., AS ORGANIZATION TO
IMPLEMENT PROGRAM PARTICIPANTS.
6.
RATIFY AND CONFIRM MANAGER'S FINDING
7/27/00
OF SOLE SOURCE, WAIVING REQUIREMENTS
R-00-652
FOR COMPETITIVE SEALED BIDDING
14-15
PROCEDURES AND APPROVE PROVISION OF
TECHNICAL SERVICES FOR DEACTIVATION,
REALIGNMENT AND RETUNING OF CITY'S
MULTI -SITE ANALOG MICROWAVE
DATA/VOICE TRANSMISSION SYSTEM FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION FROM MOTOROLA
COMMUNICATIONS & ELECTRONICS, INC.,
$25,602.
7.
RATIFY AND CONFIRMING MANAGER'S FINDING
7/27/00
OF SOLE SOURCE, WAIVING REQUIREMENTS FOR
R-00-653
COMPETITIVE SEALED BIDDING PROCEDURES
16-22
AND APPROVE ACQUISITION OF RADIOS WITH
ACCESSORIES CONTAINING SMARTNETTM
SOFTWARE SYSTEM FOR DEPARTMENTS OF
POLICE AND FIRE -RESCUE FROM MOTOROLA,
INC., SOLE SOURCE PROVIDER, $2,260,554.60;
ALLOCATING FUNDS FROM LOCAL LAW
ENFORCEMENT BLOCK IV GRANT $2,062,181;
TROOPS FOR COPS 99 GRANT, $7,500; AND
CAPITAL IMPROVEMENT PROJECT, $190,873.60.
8.
RATIFY AND CONFIRM MANAGER'S FINDING OF
7/27/00
SOLE SOURCE, WAIVING REQUIREMENTS FOR
R-00-654
COMPETITIVE SEALED BIDDING PROCEDURES
23-24
AND APPROVE ACQUISITION OF MAINTENANCE
SERVICES FOR XEROX 4850 LASER PRINTING
SYSTEM FOR DEPARTMENT OF INFORMATION
TECHNOLOGY FROM XEROX CORPORATION,
SOLE SOURCE PROVIDER, $70,000;
ALLOCATING FUNDS FROM GENERAL FUND.
(See #10)
9. RATIFY AND CONFIRM MANAGER'S FINDING OF 7/27/00
AN EMERGENCY, WAIVING REQUIREMENTS FOR R-00-655
COMPETITIVE SEALED BIDDING PROCEDURES 25-26
AND APPROVE ACQUISITION OF MAINTENANCE
SERVICES FOR FOUR CITY STORMWATER
PUMPING STATIONS FOR DEPARTMENT OF
PUBLIC WORKS, FROM , CONDO ELECTRIC
MOTORS, INC., $104,840; ALLOCATING FUNDS
FROM STORMWATER UTILITY TRUST FUND.
10. COMMENTS REGARDING LOCAL LASER 7/27/00
PRINTING VENDOR (See #8). DISCUSSION
27
11. MR. EDY LARAQUE ADDRESSED COMMISSION 7/27/00
CONCERNING STORM WATER RUN-OFF, DISCUSSION
STORM WATER SEWER CHARGES, AND OTHER 28-33
MISCELLANEOUS ITEMS REGARDING THE
LITTLE HAITI COMMUNITY.
12. MANAGER TO REFER PROPOSAL CONCERNING 7/27/00
THE .JUMBO TRON BIG SCREEN TELEVISION M-00-656
CONCEPT TO DIRECTOR OF DEPARTMENT OF 34-39
PLANNING AND ZONING AND TO BRING SAID
ISSUE BACK IN FORM OF PROPOSAL FOR
COMMISSION'S CONSIDERATION.
13. COMMENTS REGARDING, PROPOSED CHARTER 7/27/00
AMENDMENTS (SUPPLEMENTAL ITEMS) (See #44, DISCUSSION
#52 and #93). 40
14. DEFERRED: MS. SHAUNDA HAYES, OF 7/27/00
SHAUNDA'S HAIR & NAIL STUDIO, INC., TO DISCUSSION
ADDRESS COMMISSION TO REQUEST A 41
MORATORIUM OF SIX MONTHS ON PAYMENT
PLAN FOR PAST DUE REVOCABLE LICENSE
FEES.
15. EMERGENCY ORDINANCE: AMEND SECTIONS 40-
202 AND 40-203 OF CITY CODE ENTITLED
"PERSONNEL, PENSION AND RETIREMENT PLAN,
CITY OF MIAMI FIREFIGHTERS' AND POLICE
OFFICERS' RETIREMENT TRUST (`FIPO')," TO
PROVIDE, ON OR AFTER DECEMBER 31, 1999,
ELIGIBLE MEMBERS OF FIPO (1) WITH A
MAXIMUM OF FIVE YEARS OF ACTIVE
SERVICE CREDIT FOR QUALIFYING MILITARY
SERVICE, AND (2) ADDITIONAL RETIREMENT
ALLOWANCES TO CERTAIN MEMBERS OR
THEIR BENEFICIARIES FOR TEN YEARS;
FURTHER DELETING PROVISIONS RELATED
TO CREDIT FOR DISABILITY RETIREMENT
UPON RESTORATION OF BENEFICIARY TO
SERVICE.
16. ESTABLISH EXCESS BENEFIT PLAN TO ALLOW
ELIGIBLE MEMBERS OF CITY'S FIREFIGHTERS'
AND POLICE OFFICERS' RETIREMENT TRUST
("FIPO") AND CITY'S GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST
("GESE") TO CONTINUE TO RECEIVE RETIREMENT
BENEFITS PURSUANT TO CITY CODE, WHICH
BENEFITS WOULD OTHERWISE BE LIMITED BY
PROVISIONS CONTAINED IN SECTION 415 OF
INTERNAL REVENUE CODE; PROVIDING FOR
PAYMENT OF SAID BENEFITS AND APPOINT
COMMITTEE TO ADMINISTER SAID PLAN.
17. FIRST READING ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND ENTITLED "VIRGINIA
KEY NATURE TRAIL DEVELOPMENT FUND";
$79,873, CONSISTING OF GRANT APPORTIONED
BY THE SOUTH FLORIDA COMMUNITY URBAN
RESOURCES PARTNERSHIP ("SFCURP") FROM
U.S. DEPARTMENT OF AGRICULTURE,
NATURAL RESOURCES AND CONSERVATION
SERVICE, $19,973, AND IN -HIND MATCHING
FUNDS, $59,900, FROM DEPARTMENT OF PARKS
AND RECREATION GENERAL OPERATING
BUDGET.
7/27/00
ORDINANCE
NO. 11944
42-46
7/27/00
R-00-657
47-48
7/27/00
FIRST READING
ORDINANCE
49-50
18. EMERGENCY ORDINANCE: AMEND SECTION 22-
12 OF CITY CODE INCREASING SOLID WASTE FEE
FROM $234 TO $325 FOR FY 2000-2001.
19. AUTHORIZE MANAGER TO EXECUTE
AMENDMENT TO AGREEMENT WITH
MUNICIPAL CODE CORPORATION, FOR
PROVISION OF ADDITIONAL OPTIONAL
SERVICES ON AN AS NEEDED BASIS, RELATED
TO CODIFICATION, SUPPLEMENTATION, AND
REPUBLICATION OF CHARTER AND CODE OF
CITY AND COMPREHENSIVE ZONING
ORDINANCE NO. 11000, FOR OFFICE OF THE CITY
CLERK; ALLOCATING FUNDS FROM FISCAL YEAR
1999-2000 BUDGETED FUNDS OF VARIOUS USER
DEPARTMENTS.
20. AUTHORIZE MANAGER TO EXECUTE
REVOCABLE LICENSE AGREEMENT WITH
HYATT EQUITIES, L.L.C., FOR USE OF PATIO
AREA ADJACENT TO RESTAURANT SPACE AT
HYATT HOTEL, LOCATED AT 400 SOUTHEAST
2ND AVENUE, FOR PURPOSE OF EXTENDING
RESTAURANT SERVICES TO PATIO AREA.
21. WITHDRAWN (PROPOSED RATIFYING AND
CONFIRMING OF MANAGER'S FINDING OF
EMERGENCY, INCREASING EXISTING
CONTRACT AND APPROVING ADDITIONAL
SERVICES FOR REPAIRS AT MIAMARINA AT
BAYSIDE FOR DEPARTMENT OF PUBLIC WORKS
FROM FLORIDA LEMARK CORP., $19,984.11).
22. ACCEPT BID OF SUPERIOR LANDSCAPING FOR
PROVISION OF LAWN MAINTENANCE
SERVICES AT COCONUT GROVE CONVENTION
CENTER AND DINNER KEY MARINA, FOR
DEPARTMENT OF CONFERENCES, CONVENTIONS
AND PUBLIC FACILITIES, $20,388; ALLOCATING
FUNDS FROM OPERATING BUDGETS OF
COCONUT GROVE CONVENTION CENTER,
$12,878.04 AND DINNER KEY MARINA $7,509.96.
7/27/00
ORDINANCE
11945
51-52
7/27/00
R-00-658
53-54
7/27/00
R-00-659
55-56
7/27/00
WITHDRAWN
57
7/27/00
R-00-660
58-59
23. APPROVE ACQUISITION OF TIRE RETREADING
AND REPAIR SERVICES FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION FOR TERM
ENDING MAY 31, 2001, $50,000, FROM FEDAN
CORPORATION UNDER EXISTING MIAMI-DADE
COUNTY CONTRACT.
24. AMEND RESOLUTION NO. 98-1118 WHICH
APPROVED PROCUREMENT OF GAS AND
DIESEL FUEL ON A SPOT MARKET BASIS FOR
DEPARTMENT OFJ GENERAL SERVICES
ADMINISTRATION FROM VARIOUS VENDORS
UNDER MIAMI-DADE COUNTY CONTRACT, ON A
CONTRACT BASIS EFFECTIVE UNTIL JULY 31, 2003,
THEREBY (1) INCREASING COSTS FOR SAID
PROCUREMENT FROM $660,116 TO $1,100,000
ANNUALLY, AND (2) AUTHORIZE EXTENSIONS
TO CONTRACT, SUBJECT TO EXTENSIONS BY
MIAMI-DADE COUNTY; ALLOCATE FUNDS
$439,884 ANNUALLY', FROM DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, HEAVY
EQUIPMENT GARAGE,
25. ACCEPT BID OF E'DFM CORPORATION FOR
PROJECT ENTITLED "EDISON STREET
REBUILDING/IMPACT FEE PROJECT, B-4621,"
ALLOCATING FUNDS AS APPROPRIATED BY
APPROPRIATIONS ORDINANCE NO. 11705, TOTAL
ESTIMATED COST OF $43,343.
26. AUTHORIZE ALLOCATI
OVERTIME PAY
IMPOUNDMENT PRO
ALLOCATING FUNDS
TRUST FUND.
7/27/00
R-00-661
60-
7/27/00
R-00-662
62-65
7/27/00
R-00-663
66-67
DN OF $500,000, FOR SPECIAL 7/27/00
TO CONDUCT VEHICLE. R-00-664
SRAM STING OPERATIONS; 68-69
FROM LAW ENFORCEMENT
•
27. AUTHORIZE MAN
AMENDMENT NUML
AGREEMENT FOR 1
BETWEEN CITY AND
PURPOSE OF GRANT
MONTHS FROM DAT
"SPECIAL EXCEPTION
YEAR AFTER EXE(
NUMBER 3; OBTAIN A.
CONSTRUCTION OF
ALLOW BUNKERS OF
FISCAL YEAR '.
COMMENCING WITH I
28. AUTHORIZE DEPAR
PROCUREMENT OF
PUMPER TRUCKS
TRUCK, $211,79F
ACCESSORIES,
MANUFACTURING, I
COUNTY, FLORIDA, B
FUNDS BY FIRE ASSE
29. (A) AMEND RESOL
AUTHORIZED ALLI
COMMUNITY DEVE
("CDBG") FUNDS
SERVICES/COMMITP
$50,000, BY REDUCE
DEPARTMENT OF EC(
REAL ESTATE, FROM
INCREASING FUND
CLEARING PROGRAM
(B) ESTABLISH POLI,
WORKING ON CITY'S
BE PAID WITHIN
CLEARANCE.
0
AGER TO EXECUTE
,ER 3 TO MANAGEMENT
4ELREESE GOLF COURSE
BUNKERS OF MIAMI FOR
ING EXTENSION OF EIGHT
E COMMISSION APPROVES
" BUT NO LATER THAN ONE
�UTION OF AMENDMENT
LL PERMITS AND COMPLETE
NEW CLUBHOUSE AND
MIAMI TO CHANGE FROM
CO CALENDAR YEAR,
'EAR 2000 (See #58).
CMENT OF FIRE -RESCUE'S
THREE 65' TELESQURT
AND ONE ENCORE AIR
PLUS OPTIONAL
FROM PIERCE
'4C., UNDER EXISTING LAKE.
D CONTRACT, ALLOCATING
�SMENT.
7/27/00
M-00-665
70-72
7/27/00
R-00-666
73-74
UTION NO. 99-854 WHICH
7/27/00
)CATION OF 25TH YEAR
R-00-667
LOPMENT BLOCK GRANT
M-00-668
CO CERTAIN MUNICIPAL
75-77
LENTS, TO REALLOCATE
JG FUNDS ALLOCATED TO
)NOMIC DEVELOPMENT AND
[ $248,050 TO $198,050, AND
3 ALLOCATED TO LOT
, FROM $275,000 TO $325,000.
�Y THAT SMALL VENDORS
LOT CLEARANCE PROGRAM
THIRTY DAYS OF SAID
0
30. ESTABLISH ESTIND
FOR FIRE ASSESSN
BEGINNING OCTOBI
WITH CITY'S FIVE -Y
NEW DEFINITIONS; D
AN ASSESSMENT R(
HEARING FOR SE]
DIRECTING PROVI<l
PROVIDING AN EFFEC
31. AUTHORIZE DO
AUTHORITY (DDA)
MILLAGE RATE
DOWNTOWN DE`
CITY FOR FISCAL
1, 2000 AND ENT
AUTHORIZE AND I
SAID PROPOSED MI
COUNTY TAX CC
DATE, TIME AND PI
WHICH COMMISSIO
MILLAGE RATE Ar
FOR SAID FISCAL YJ
32. DESCRIBE METHO
WASTE COSTS AGA
WITHIN CITY; E
ASSESSMENT ROI
HEARING FOR SEPTI~
PROVISION OF NOTI
FOR EFFECTIVE DATI
•
,TED ASSESSMENT RATE
ENTS FOR FISCAL YEAR
,R 1, 2000, IN ACCORDANCE
;AR PLAN; PROVIDING FOR
[RECTING PREPARATION OF.
)LL; AUTHORIZING PUBLIC
'TEMBER 14, 2000, AND
ION OF NOTICE AND
TIVE DATE.
NTOWN DEVELOPMENT
O ESTABLISH A PROPOSED
F ONE-HALF MILL FOR
LOPMENT DISTRICT OF
EAR BEGINNING OCTOBER
vG SEPTEMBER 30, 2001;
2ECT COMMUNICATION OF
,AGE RATE TO MIAMI DADE
LECTOR TOGETHER WITH
CE OF PUBLIC HEARINGS AT
WILL CONSIDER PROPOSED
DDA TENTATIVE BUDGET
OF ASSESSING SOLID
T PROPERTY LOCATED
CT PREPARATION OF
AUTHORIZE PUBLIC
ER 14, 2000; AND DIRECT
THEREOF AND PROVIDE
7/27/00
R-00-669
78-79
7/27/00
R-00-670
80-81
7/27/00
R-00-671
82-83
33. COMPUTE PROPOSED MILLAGE RATE FOR CITY 7/27/00
FOR FISCAL YEAR BEGINNING OCTOBER 1, 2000 R-00-672
AND ENDING SEPTEMBER 30, 2001; DIRECT CITY 84-85
MANAGER TO SUBMIT SAID PROPOSED
MILLAGE RATE TO MIAMI-DADE COUNTY
PROPERTY APPRAISER AND TAX COLLECTOR
TOGETHER WITH DATE, TIME AND PLACE OF
PUBLIC HEARING AT WHICH COMMISSION
WILL CONSIDER PROPOSED MILLAGE RATE
AND CITY'S TENTATIVE BUDGET FOR SAID
FISCAL YEAR.
34.
APPOINTMENTS TO
THE COCONUT GROVE
7/27/00
PARKING ADVISORY COMMITTEE (Bruno
R-00-673
Carnesella, Henry Givens, Elena Carpenter, Robert
86-88
Masrieh, Michael Spetko, Jay Windsor, Susan Billig and
Frank Balzebre).
35.
APPOINTMENTS TO THE
FINANCE COMMITTEE
7/27/00
(Carlos Enriquez, Candis
Trustee, Timothy Keegan and Eli
R-00-674
Feinberg).
89-90
36.
APPOINTMENTS TO
THE ORANGE BOWL
7/27/00
STEERING COMMITTEE
(Douglass Greist).
R-00-675
91
37.
APPOINTMENTS TO THE
CHARTER REVIEW AND
7/27/00
REFORM COMMITTEE
(Maurice Weiner and Herschel
R-00-676
Haynes).
92-93
38.
(A) DEFER CONSIDERATION
OF PROPOSED
7/27/00
APPOINTMENT OF AN
INDIVIDUAL AS A MEMBER
M-00-677
OF THE CIVIL SERVICE
BOARD; COMMISSIONER
94-99
JOHNNY L. WINTON
TO MEET WITH MANUEL
GARCIA REGARDING
HIS NOMINATION FOR SAID
APPOINTMENT.
(B) COMMENTS BY
COMMISSIONER TEELE
REGARDING, INCENTIVES
FOR PEOPLE TO LIVE IN
THE CITY.
39.
DISCUSSED AND
TABLED: DISCUSSION
7/27/00
CONCERNING LAW ENFORCEMENT
TRUST FUND.
DISCUSSION
100-102
40.
APPOINTING RICHARD
DUNN AND STEVE
7/27/00
KNEAPLER AS MEMBERS OF THE PORT AREA
M-00-678
AUTHORITY TO THE COMMUNITY IMPROVEMENT
103-105
AUTHORITY BOARD.
41.
NEGOTIATE FAIR CONSIDERATION OF UTILITY
7/27/00
COSTS ASSOCIATED WITH MANAGEMENT OF
R-00-679
TOWER THEATER. (Sete #56)
106-107
42.
DECLARE PROPERTY AT 5900 NORTHWEST 7TH
7/27/00
AVENUE AS SURPLUS PROPERTY; ISSUE A
R-00-680
REQUEST FOR PROPOSALS.
108-109
0
43. COMMENTS BY
REGARDING HIS
PRESENTATION GI
DEPARTMENT ON T
FOR BICENTENNIAL
(See #92).
COMMISSIONER TEELE 7/27/00
APPRECIATION OF THE DISCUSSION
EN BY THE PLANNING 110-111
E PROPOSED MASTER PLAN
ARK — SLIP TO BE FILLED IN
44. COMMENTS REGARDING PROPOSED CHARTER 7/27/00
AMENDMENTS (See #6 and 93). DISCUSSION
112
45.
ACCEPT DONATION OF 5,000 GUN LOCKS FROM
7/27/00
NATIONAL SHOOTING SPORTS FOUNDATION
R-00-681
(NSSF); SAID GUN LOCKS WILL BE DISBURSED TO
113-114
CITY RESIDENTS BY MIAMI POLICE
DEPARTMENT.
46.
EMERGENCY ORDINANCE: AMEND SECTION 54-190
7/27/00
OF CITY CODE ENTITLED "STREETS AND
ORDINANCE
SIDEWALKS/BASE BUILDING LINES/NONSTANDARD
NO. 11946
STREET WIDTHS", TO MODIFY WIDTH OF CERTAIN
115-118
STREETS AND AVENUES IN SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY.
47.
AMEND RESOLUTION 00-395 TO INCREASE
7/27/00
AMOUNT OF COMPENSATION PAYABLE TO
R-00-682
ARTHUR ANDERSEN FOR DEVELOPMENT OF
118-120
COMPREHENSIVE CITY WIDE INFORMATION
TECHNOLOGY STRATEGIC PLAN FOR CITY TO
$661,250, TO INCLUDE ESTIMATED COST OF OUT-
OF-POCKET EXPENSES.
48.
INCREASE CONTRACT WITH BOB'S BARRICADE,
7/28/00
INC., FROM $10,000 TO $25,000, FOR PROVISION OF
R-00-683
BARRICADE RENTAL SERVICES, FOR POLICE
121-122
DEPARTMENT, ALLOCATING FUNDS FROM
POLICE DEPARTMENT'S GENERAL OPERATING
BUDGET; FURTHER AMEND RESOLUTION NO. 98-
610 TO REFLECT SAID INCREASE.
49.
APPROVE PURCHASE AND INSTALLATION OF
7/27/00
PARK EQUIPMENT, FURNISHINGS, SHELTERS AND
R-00-684
COURT RESURFACING AT VARIOUS CITY PARKS
123-124
FROM VARIOUS VENDORS, FOR DEPARTMENT OF
PARKS AND RECREATION, $109,000; ALLOCATING
FUNDS FROM SAFE NEIGHBORHOOD PARKS
BONDS, AND FROM IMPACT FEES IN CAPITAL
IMPROVEMENT PROJECTS.
50.
MANAGER TO HAVE CITY COSPONSOR "MERCY
7/27/00
HOSPITAL MANOLO REYES DOMINO
M-00-685
TOURNAMENT," SCHEDULED FOR SEPTEMBER 9,
125-126
2000 AT COCONUT GROVE CONVENTION CENTER
AND WAIVE ALL FEES PERMITTED TO BE WAIVED
PURSUANT TO CITY CODE.
51.
AMEND RESOLUTION NO. 97-321 WHICH
7/27/00
AUTHORIZED PURCHASE OF BOOTS FROM
R-00-686
LEHIGH SAFETY SHOE COMPANY THROUGH
127-129
GLOBAL TRADING INC. OF MIAMI, IRON AGE
CORPORATION, RITZ SAFETY EQUIPMENT, INC.
AND SAM MALLEN CO., FOR A ONE YEAR PERIOD
WITH OPTION TO EXTEND FOR AN ADDITIONAL
ONE YEAR PERIOD, UNDER EXISTING DADE
COUNTY CONTRACT, FOR USE BY VARIOUS CITY
DEPARTMENTS, $58,250.00 ANNUALLY.
52.
COMMENTS BY MAYOR CAROLLO FOR CHARTER
7/27/00
AMENDMENT DISCUSSION -- TIME CERTAIN OF
DISCUSSION
5:00 P.M. (See #13, 44, 93).
130
53. DISCUSSED: PROPOSED AMENDMENT TO 7/27/00
SECTION 4-2, 4-7, AND 4-11 OF CITY CODE DISCUSSION
ENTITLED "ALCOHOLIC BEVERAGES/IN 131
GENERAL," TO LIMIT HOURS PACKAGE STORE
MAY SELL ALCOHOLIC BEVERAGES --
PANHANDLERS.
54. DISCUSSION CONCERNING GIFT OF 7/29/00
SCULPTURE FROM RAMON LAGO TO CITY DISCUSSION
RIVERSIDE PARK. 132-133
55. ACCEPT DONATION FROM KIWANIS OF LITTLE 7/27/00
HAVANA FOR HOLIDAY DECORATIONS FOR R-00-687
CALLE OCHO AT AN ESTIMATED WORTH OF 134
$40,000.
56. DISCUSSION CONCERNING MANAGEMENT OF 7/27/00
TOWER THEATER (See #41). DISCUSSION
135
57. COMMENTS BY COMMISSIONER REGALADO
7/27/00
REGARDING THE SERIOUS FLOODING PROBLEM
DISCUSSION
ON 62ND AVENUE AND FLAGLER STREET.
136
58. RECONSIDER PRIOR VOTE TAKEN -- AUTHORIZE
7/27/00
MANAGER TO EXECUTE AMENDMENT NO. 3 TO
M-00-688
MANAGEMENT AGREEMENT FOR MELREESE
R-00-689
GOLF COURSE BETWEEN CITY BUNKERS OF
137-141
MIAMI, FOR PURPOSE OF GRANTING EXTENSION
OF EIGHT MONTHS FROM DATE COMMISSION
APPROVES "SPECIAL EXCEPTION" BUT NO LATER
THAN ONE YEAR AFTER EXECUTION OF
AMENDMENT NO. 3 TO OBTAIN ALL PERMITS AND
COMPLETE CONSTRUCTION OF NEW CLUBHOUSE
AND ALLOW BUNKERS OF MIAMI TO CHANGE
FROM A FISCAL YEAR TO A CALENDAR YEAR,
COMMENCING WITH YEAR 2000. (See #27).
59. OFFICIAL CLOSURE OF PORTION OF 15' ALLEY
7/27/00
BETWEEN PEACOCK` AVENUE AND SHIPPING
R-00-690
AVENUE WEST OF SW 37TH COURT AND
142-143
PORTION OF SHIPPING AVENUE BETWEEN SW
37TH COURT AND SW 38TH AVENUE. (Applicant(s):
Adrienne F. Pardo, Esquire for Pedro Hernandez, Sr.
Assistant to County Manager).
60. OFFICIAL CLOSURE: PORTION OF SW 37TH
7/27/00
COURT BETWEEN SW 37TH AVENUE AND SW
R-00-691
38TH AVENUE NORTH OF SHIPPING AVENUE,
144-145
CLOSURE OF 15' ALLEY BETWEEN SW 37TH
COURT . AND SW 37TH AVENUE NORTH OF
SHIPPING AVENUE AND PORTION OF SHIPPING
AVENUE BETWEEN SW 37TH AVENUE AND SW
38TH AVENUE, AND PORTION OF 15' ALLEY
BETWEEN PEACOCK AVENUE AND SHIPPING
AVENUE, WEST OF SW 37TH COURT (Applicant(s):
Adrienne F. Pardo, Esquire for Pedro Hernandez, Sr.
Assistant to County Manager).
61. DENY APPEAL OF ZONING BOARD DECISION
7/27/00 `
WHICH DENIED VARIANCE FROM ORDINANCE
R-00-692
11000, ZONING ORDINANCE OF THE CITY OF
146-152
MIAMI, SECTION 924.1.3, LIMITATIONS ON
LOCATION AND EXTENSION OF DOCKS AND
PIERS IN RESIDENTIAL DISTRICTS, TO ALLOW
A SIDE YARD SETBACK OF 2'0" (10'0"
REQUIRED) FOR DOCKS FOR PROPERTY
LOCATED AT APPROXIMATELY 3501
ANCHORAGE WAY. (Applicant(s): Eduardo R.
Lacasa, Esquire).
62. AUTHORIZE MANAGER TO EXECUTE
7/27/00
STIPULATED SETTLEMENT AGREEMENT
R-00-693
BETWEEN CITY AND FLORIDA DEPARTMENT
153-157
OF COMMUNITY AFFAIRS (DCA) TO REMEDY
NON -COMPLYING AMENDMENT TO MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN
(MCNP). (Applicant(s): City of Miami Planning and
Zoning Department).
63. FIRST READING ORDINANCE: AMEND
7/27/00
ORDINANCE. 10544, THE MIAMI
FIRST READING
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
ORDINANCE
2000, BY AMENDING GOALS, OBJECTIVES AND
158-159
POLICIES OF FUTURE LAND USE ELEMENT IN
ORDER TO AMEND POLICY LU -1.1.11 TO
EXCEPT VIRGINIA KEY, WATSON ISLAND, AND
UNINHABITED ISLANDS OF BISCAYNE BAY
THAT HAVE LAND USE AND ZONING
CLASSIFICATION OF CONSERVATION FROM
CITY'S URBAN INFILL AREA. (Applicant(s): City of
Miami Planning and Zoning Department).
64. COMMENTS FROM ASSISTANT CITY ATTORNEY
7/27/00
JOEL MAXWELL ADVISING COMMISSIONERS NOT
DISCUSSION
TO MAKE COMMENTS REGARDING THEIR
160
RESPECTIVE DISTRICTS WHEN VOTING ON
PLANNING AND ZONING ITEMS.
65. AUTHORIZE MANAGER TO ALLOCATE FUNDS TO
7/27/00
DOWNTOWN DEVELOPMENT AUTHORITY FOR
R-00-694
PREPARATION OF INCREMENT II OF DOWNTOWN
161
DEVELOPMENT OF REGIONAL IMPACT, $305,000;
ALLOCATION FUNDS FROM DOWNTOWN
DEVELOPMENT SUPPLEMENTAL FEE ACCOUNT.
(Applicant(s): City of Miami Planning and Zoning
Department).
66. DISCUSSION RELATED TO STATUS OF COUNTY'S 7/27/00
EFFORTS REGARDING INSTALLATION OF NOISE DISCUSSION
MONITORS TO REGULATE AIRPORT NOISE. 162
67. APPROVE SPECIAL EXCEPTIONS LISTED IN 7/27/00
ORDINANCE 11000, SECTION 401, SCHEDULE OF R-00-695
DISTRICT REGULATIONS, TO ALLOW RETAIL 163-164
SPECIALTY SHOPS AND TO ALLOW
RESTAURANT AND BAR FOR PROPERTY
LOCATED AT 1802 NW 37TH AVENUE (Applicant(s):
City of Miami)
68. SECOND READING ORDINANCE: AMEND
ORDINANCE 10544, THE CITY OF MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, BY
AMENDING FUTURE LAND USE MAP, BY
CHANGING LAND USE DESIGNATION FOR
PROPERTIES LOCATED AT 229 AND 231 NW 12TH
STREET FROM "MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL" TO
"RESTRICTED COMMERCIAL". (Applicant(s):
Robert Tyler, CRA, City of Miami Planning and Zoning
Department (applicants) and Eliza Spann and Sussie
Simmons (owners).
69. SECOND READING ORDINANCE: AMEND
ORDINANCE 11000 BY AMENDING ZONING
DESIGNATION FOR PROPERTIES LOCATED AT
229 AND 231 NW 12TH STREET FROM R-3
MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL. (Applicant(s): Robert Tyler, CRA,
City of Miami Planning and Zoning Department
(applicants) and Eliza Spann and . Sussie Simmons
(owners)..
70. SECOND READING ORDINANCE: AMEND
ORDINANCE 10544, THE CITY OF MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN,
AMENDING FUTURE LAND USE MAP BY
CHANGING LAND USE DESIGNATION FOR
PROPERTIES LOCATED AT 325-351 NW 10TH
STREET FROM "HIGH DENSITY MULTIFAMILY
RESIDENTIAL" TO "RESTRICTED
COMMERCIAL". (Applicant(s): Robert Tyler, CRA,
and the City of Miami Planning and Zoning Department).
71. SECOND READING ORDINANCE: AMEND
ORDINANCE 11000 BY AMENDING ZONING
DESIGNATION FOR PROPERTIES LOCATED AT
APPROXIMATELY 325-351 NW 10TH STREET
FROM R-4 MULTIFAMILY HIGH DENSITY
RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL. (Applicant(s): Robert Tyler, CRA, and
the City of Miami Planning and Zoning Department).
7/27/00
ORDINANCE
NO. 11947
165-166
7/27/00
ORDINANCE
NO. 11948
167-168
7/27/00
ORDINANCE
NO. 11949
169-170
7/27/00
ORDINANCE
NO. 11950
171-172
72. SECOND READING ORDINANCE: AMEND
ORDINANCE 10544, THE CITY OF MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN,
AMENDING FUTURE LAND USE MAP BY
CHANGING LAND USE DESIGNATION FOR
PROPERTY LOCATED AT 250 NW 10TH STREET
FROM "HIGH DENSITY MULTIFAMILY
RESIDENTIAL" TO "RESTRICTED
COMMERCIAL". (Applicant(s): Robert Tyler, CRA,
and the City of Miami Planning and Zoning Department).
73. SECOND READING ORDINANCE: AMEND
ORDINANCE 11000 BY AMENDING ZONING
DESIGNATION FOR PROPERTY LOCATED AT 250
NW 10T" STREET FROM R-4 MULTIFAMILY
HIGH DENSITY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL. (Applicant(s): Robert
Tyler, CRA, and the City of Miami Planning and Zoning
Department).
74. FIRST READING ORDINANCE: AMEND
ORDINANCE 10544, THE CITY OF MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN,
AMENDING FUTURE LAND USE MAP BY
CHANGING LAND USE DESIGNATION FOR
PROPERTIES LOCATED AT 2450-2490 SW '7TH
STREET AND 703 SW 25TH AVENUE FROM
"MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "RESTRICTED
COMMERCIAL". (Applicant(s): El Dorado Enterprises,
Inc., MC Property Mgmt., Inc., and CEC Investment Corp.)
75. FIRST READING ORDINANCE: AMEND
ORDINANCE 11000 BY AMENDING ZONING
DESIGNATION FOR PROPERTIES LOCATED AT
2450-2490 SW 7TH STREET AND 703 SW 25TH
AVENUE FROM R-3 MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL AND SD -12 BUFFER
OVERLAY DISTRICT TO C-1 RESTRICTED
COMMERCIAL. (Applicant(s): El Dorado Enterprises,
Inc., MC Property Mgmt., Inc., and CEC Investment Corp.)
7/27/00
ORDINANCE
NO. 11951
173-174
7/27/00
ORDINANCE
NO. 11952
175-176
7/27/00
FIRST READING
ORDINANCE
177-180
7/27/00
FIRST READING
ORDINANCE
181-182
76.
WITHDRAWN BY APPLICANT: PROPOSED
7/27/00
CHANGE IN ZONING LISTED IN ZONING
WITHDRAWN
ORDINANCE 1.1000, C-1 RESTRICTED
183
COMMERCIAL, TO ADD SD -19 DESIGNATED
F.A.R. OVERLAY DISTRICT DESIGNATING AN
F.A.R OF 3.5 FOR PROPERTIES LOCATED AT 123
AND 137 NE 79TH STREET. (Applicant(s): Dade
Employment and Economic Development Corp.).
77.
FIRST READING ORDINANCE: CHANGE OF ZONING
7/27/00
LISTED IN ORDINANCE 11000, SECTION 401,
FIRST READING
SCHEDULE OF DISTRICT REGULATIONS, FROM C-1
ORDINANCE
RESTRICTED COMMERCIAL AND SD -14 LATIN
184-185
QUARTER COMMERCIAL -RESIDENTIAL DISTRICT
TO C-1 RESTRICTED COMMERCIAL AND SD -14
LATIN QUARTER COMMERCIAL -RESIDENTIAL
DISTRICT, PRIMARY PEDESTRIAN PATHWAY FOR
PROPERTY LOCATED AT 185 NW 13TH AVENUE
(Applicant(s): Rayos Del Sol, Inc.).
78.
SECOND READING ORDINANCE: AMEND
7/27/00
ORDINANCE 11000 BY AMENDING ARTICLE 6,
ORDINANCE
SECTION 620, SD -20 EDGEWATER OVERLAY
NO. 11953
DISTRICT, TO INCLUDE PROVISIONS FOR
186-187
CLASS II SPECIAL PERMITS. (Applicant(s): City of
Miami Planning and Zoning Department).
79.
SECOND READING ORDINANCE: AMEND
7/27/00
ORDINANCE 11000 BY AMENDING ARTICLE 9,
ORDINANCE
SECTION 918.2, TO MODIFY PROVISIONS OF
NO. 11954
TEMPORARY OFFSITE PARKING REGULATIONS
188-189
TO ALLOW ANNUAL RENEWALS WITHOUT
LIMITATION, WITH CONDITIONS. (Applicant(s):
City of Miami Planning and Zoning Department).
80.
SECOND READING ORDINANCE: AMEND
7/27/00
ORDINANCE 11000 BY AMENDING ARTICLE 4,
ORDINANCE
SECTION 401, AND ARTICLE 6, SECTION 616, TO
NO. 11955
MODIFY PARKING LIMITATIONS. (Applicant(s): City of
190-191
Miami Planning and Zoning Department).
0 •
81. SECOND READING ORDINANCE: AMEND 7/27/00
ORDINANCE 11000 BY AMENDING ARTICLE 6, ORDINANCE
SECTIONS 605 AND 607, TO MODIFY PROVISIONS NO. 11956
OF SD -5 AND SD -7 DISTRICTS PERTAINING TO 192-193
PROVISION OF UPPER LEVEL SETBACKS.
(Applicant(s): City of Miami Planning and Zoning
Department).
82. FIRST READING ORDINANCE: AMEND SECTION
7/27/00
4-11 OF CITY CODE, ALCOHOLIC BEVERAGES,
FIRST READING
TO ESTABLISH EXCEPTION TO DISTANCE
ORDINANCE
LIMITATIONS FOR ESTABLISHMENTS SELLING
194-195
ALCOHOLIC BEVERAGES WITHIN
RESIDENTIAL BUILDINGS CONTAINING IN
EXCESS OF 300 DWELLING UNITS WITHIN
DOWNTOWN AREA. �(Applicant(s): City of Miami
Planning and Zoning Department).
83. RECONSIDER PRIOR VOTE -- AUTHORIZE
7/27/00
SETTLEMENT TO FINDINGS OF AUDIT REPORT
M-00-696
PREPARED BY OFFICE OF INSPECTOR GENERAL
R-00-697
ON CITY'S COMMUNITY PLANNING AND
196-199
DEVELOPMENT PROGRAMS FOR YEARS 1995 AND
1996 BY REPAYING $4,212,696 OF INELIGIBLE
EXPENDITURES TO CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND
HOME INVESTMENT PARTNERSHIP (HOME)
PROGRAM ACCOUNTS; SETTLEMENT TO INCLUDE
TRANSFER OF $558,349 FROM GENERAL FUND
AND $1,054,347 OF HOUSING PROJECT FUNDS TO.
CITY CDBG ACCOUNT AND $2.6 MILLION FROM
HOUSING PROJECT FUNDS TO CITY, ALLOCATE
$500,000 OF HOUSING PROJECT FUNDS TO
PROVIDE REQUIRED RELOCATION PAYMENTS
FOR TENANTS OF NORTHWESTERN ESTATES
PROJECT.
84. ACCEPT DONATION OF POLICE SERVICE DOG
7/27/00
FROM METRO-DADE K-9 GUARD DOGS WITH
R-00-698
ESTIMATED VALUE OF $6,500 FOR USE AND
200-201
BENEFIT OF CITY POLICE CANINE UNIT.
85. ORDER OF THE DAY BY COMMISSIONER TEELE — 7/27/00
REPORT ON AMERICAN AIRLINES ARENA DISCUSSION
PARKING LOT AND FEC SLIP. 202
86. CONCERT HOSTED BY CHURCHILL'S AND 7/27/00
MIAMAGINATION FOR BENEFIT OF SIERRA CLUB R-00-699
AND MIAMI GROUP EVERGLADES PROGRAM, TO 203-204
BE HELD JULY 29, 2000, GRANT EXEMPTION FROM
PROHIBITIONS AND RESTRICTIONS IN SECTIONS
36-4(a) AND 3675(a) OF CITY CODE AS RELATE TO
LEVEL AND HOURS OF NOISE CONCERNING
CONCERT.
87. AUTHORIZE FUNDING OF OVERTOWN 7/27/00
COMMUNITY OPTIMIST CLUB, INC., ALLOCATE R-00-700
$6,250, FROM LAW ENFORCEMENT TRUST FUND 205-206
(See #88).
88. OVERTOWN COME ALIVE -Y2K HOSTED BY
7/27/00
OVERTOWN COMMUNITY OPTIMIST, CLUB, TO BE
R-00-701
HELD AUGUST 18-20, 2000 AT THEODORE GIBSON
207-208
PARK, LOCATED AT 401 NORTHWEST 12TH STREET
(See #87).
89. ACCEPT ASSIGNMENT OF CONTRACT FROM CARR
7/27/00
FOUR CORPORATION TO PURCHASE APARTMENT
R-00-702
BUILDINGS LOCATED AT 365 NORTHWEST 8TH
209-212
STREET FROM 365 CORPORATION FOR $225,000
AND SEEK REIMBURSEMENT FROM COMMUNITY
REDEVELOPMENT AGENCY.
90. LEASE AGREEMENT OR A PERMIT AGREEMENT
7/27/00
WITH THE FLORIDA DEPARTMENT OF
R-00-703
TRANSPORTATION TO DEVELOP PARKING LOTS
213-215
UNDERNEATH I-395, INCLUDING LANDSCAPING,
LIGHTING AND' FENCING BETWEEN 3RD AVENUE
AND BISCAYNE BOULEVARD BETWEEN 11TH
STREET AND 14TH STREET; FURTHER
STIPULATING THAT THE NET REVENUES FROM
THE PARKING OPERATION WILL BE REINVESTED
BACK TO THE COMMUNITY REDEVELOPMENT
AGENCY FOR THE SOUTHEAST OVERTOWN/PARK
WEST DISTRICT — INVOLVE PARTICIPATION BY
DOWNTOWN DEVELOPMENT AUTHORITY.
91. APPROVE COMPREHENSIVE EMPLOYMENT 7/27/00
STRATEGY AGREEMENT BETWEEN MIAMI-DADE R-00-704
COUNTY AND CITY REQUIRING THAT COUNTY'S 216-218
CONSTRUCTION MANAGER MEET OBJECTIVES OF
COUNTY'S JOB CLEARINGHOUSE AND CITY'S
FIRST SOURCE HIRING AGREEMENT TO EMPLOY
UNEMPLOYED OR UNDER -EMPLOYED
INDIVIDUALS WHO RESIDE LOCALLY.
92. DIRECT MANAGER TO INITIATE PROCEDURES 7/27/00
TO CAUSE DEEPWATER SLIP AREA KNOWN AS R-00-705
FEC PROPERTY LOCATED NORTH OF 219-234
AMERICAN AIRLINE ARENA AND EAST OF
BISCAYNE BOULEVARD TO BE FILLED IN; AND
CITY MANAGER TO REPORT TO COMMISSION
WITHIN THIRTY DAYS REGARDING SAME
PROCEDURES NECESSARY TO EFFECT SUCH
ACTION. (See #94 & 95)
• 0
93. (A) DIRECT CITY ATTORNEY TO PREPARE
.7/27/00
AMENDMENT TO CITY CHARTER AT ELECTION
M-00-706
TO BE HELD NOVEMBER 7, 2000, PROPOSING TO
M-00-707
DELETE SECTION 23 OF CITY CHARTER, TO
R-00-708
EFFECTUATE TRANSFER OF ALL POWERS,
M-00-709
FUNCTIONS, DUTIES AND OBLIGATIONS OF
R-00-710
DEPARTMENT OF OFF-STREET PARKING TO
235-257
CITY. (See #13,44&52).
(B) SCHEDULE SPECIAL CITY COMMISSION
MEETING FOR SEPTEMBER 7, 2000, AT 2:00 P.M.,
FOR PURPOSE OF CONDUCTING A PUBLIC
HEARING ON CHARTER QUESTIONS RELATED TO
RESTRUCTURE OF DEPARTMENT OF OFF-STREET
PARKING.
(C) CITY ATTORNEY TO CONSULT WITH EACH
MEMBER OF COMMISSION TO OBTAIN THEIR
INPUT REGARDING MODIFICATION OF CURRENT
COMPOSITION OF OFF-STREET PARKING
AUTHORITY'S EXISTING GOVERNING BOARD
STRUCTURE AND DRAFT VARIATIONS TO,
PROPOSED CHARTER AMENDMENT RESOLUTION,
CONSISTENT WITH COMMISSIONERS
SUGGESTIONS, TO BE CONSIDERED BY
COMMISSION AT SPECIAL MEETING OF
SEPTEMBER 7, 2000.
(D) MANAGER TO MEET ON JULY 28, 2000 WITH
DIRECTOR OF INTERGOVERNMENTAL AFFAIRS
FOR THE MAYOR, TO REVIEW LIST CONTAINING
PUBLIC RECORDS REQUESTS TO BE PRESENTED
TO DEPARTMENT OF OFF-STREET PARKING, WILL
INCLUDE EVERY EMPLOYEE OR CONSULTANT,
THEIR RESPECTIVE SALARY, BENEFITS, ETC.
94. $200,000 TO SUPPORT THE EFFORTS OF THE FEC
7/27/00
INVESTIGATION AND BAYFRONT PARK OVERSIGHT
R-00-711
COMMITTEE FROM THE OPERATIONAL RESERVES.
258-260
(See #92 & 95).
•
0
95. AUTHORIZE MANAGER TO SELECT VENDORS OR 7/27/00
CONSULTANTS THAT HAVE COMPETITIVELY M-00-712
BIDED AND AWARDED CONTRACTS BY CITY; 261-262
DIRECT MANAGER TO SUBMIT FOR RATIFICATION
BY COMMISSION ANY CONSULTANT THAT HAS
BEEN PREVIOUSLY ENGAGED BY CITY,
INVOLVING FEC (FLORIDA EAST COAST) AND
BAYFRONT PARK MANAGEMENT TRUST
PROJECTS. (See #92 & 94).
MINUTES OF REGULAR AND PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of July 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 9:44 a.m. by Presiding Officer/Commissioner 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)
ALSO PRESENT:
Carlos Gimenez, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Sylvia Lowman, Assistant City Clerk
ABSENT:
Commissioner Arthur E. Teele, Jr. (District 5)
An invocation was delivered by Commissioner Sanchez, who then led those present in a pledge of
allegiance to the flag.
1 7/27/00
1. STUART SORG PRESENTS MEDALS TO CHILDREN OF THE COCONUT GROVE
SAILING CLUB: ALEJANDRO CANELAS, BRI PRANO, MICK BUTLER, SARAH RAWLEY,
ELIZABETH RAWLEY, BENJAMIN MEDUIN, ALEXIS TAYLOR AND NICHOLAS RAMIREZ.
COMMENDATION TO STUART SORT, SAILING INSTRUCTOR OF THE COCONUT
GROVE SAILING CLUB.
RECOGNIZE COCONUT GROVE SAILING CLUB FOR PROVIDING OPPORTUNITY TO
SAIL IN MAGNIFICENT Biscayne Bay.
Vice Chairman Gort: At this time, I would like to call Stuart Sorg. Is this your presentation?
Commissioner Winton: No. It is?
Vice Chairman Gort: Yeah.
Commissioner Winton: Good morning. How you doing?
Vice Chairman Gort: This is a presentation to salute members of the Coconut Sailing Club and the club,
itself. Do you want to bring all the members up front, and they could line up, up here?
Unidentified Speaker: Is this on?
Vice Chairman Gort: Should be on, yes.
Stuart Sorg: Vice Chairman Gort and Commissioner Winton, I want to -- it gives me great pleasure to
introduce and present today medals to some of the best sailors in America. These are young children that
are taught at the Coconut Grove Sailing Club. It's something we've been doing for 40 years, and we're
the only club, I believe, anywhere on the east coast that teaches children for nothing. So remember that.
We need your children. Send them to us, and we'll teach them. The first one to be presented is Alejandro
Canelas. Is he here? Hang on just a minute. You get a certificate, too.
Vice Chairman Gort: Right here, right here. I have them; I have them.
Mr. Sorg: Oh, you do. I'm sorry. I'm sorry, Willy.
Vice Chairman Gort: Congratulations. Just stay right here.
Commissioner Sanchez: They'll be back here many years from today, at least (inaudible).
Mr. Sorg: The second one is Bri Prano. The third is Sarah Rawley. Fourth is Elizabeth Rawley.
Commissioner Sanchez: Congratulations, young lady. And one day, they'll put the real gold one around
your neck.
Mr. Sorg: Alexis Taylor, Nicholas Ramirez. Did -- Benjamin Meduin, is he here?
Unidentified Speaker: He got stuck in traffic, and I'm here to accept his medal.
2 7/27/00
Mr. Sorg: He's stuck in traffic?
Commissioner Sanchez: Come around. Put it on him, put it on him.
Commissioner Winton: I need a stepladder.
Mr. Sorg: And last is Mick Butler.
(APPLAUSE)
Mr. Sorg: I would just like to say that Mick Butler's grandfather is one of the most famous sailors in
America. They've done movies on him, television shows, and I'm glad you're here.
Commissioner Winton: And we have two more that we would like to give out. One is to Stuart Sort, U.S.
sailing instructor. Stuart, thank you very much. And one also for the Coconut Grove Sailing Club, for the
work they're doing in getting kids that -- providing an opportunity for kids to learn how to sail in this
magnificent bay we have here. So thank you very much.
Mr. Sorg: Thank you so much. Thank you very much.
Vice Chairman Gort: Why don't you all move that way, move over so we can have your pictures taken?
We're going to stay here for pictures.
Commissioner Winton: Yeah.
Note for the Record: Commissioner Teele entered the Commission chamber at 9:48 a.m.
Vice Chairman Gort: Thank you all and congratulations.
(APPLAUSE)
3 7/27/00
•
2. COMMENTS BY REVEREND RONALD FOX, CALEB DAVIS, YVONNE MCDONALD
AND GLEN DISTON REGARDING THE COCONUT GROVE LDC (LOCAL DEVELOPMENT
CORPORATION).
Vice Chairman Gort: Before we take any of the items, we have Ms. Yvonne McDonald here and Father
Fox here that would like to address this body for a few minutes.
Rev. Ronald Fox: Good morning. My name is Ronald Fox. I reside in Coconut Grove and I've been a
resident there for 18 years, have worked there at Christ Church, and now I work up in North Miami
Beach, but my heart is still in the Grove. I'm here this morning because since I arrived in Miami, one of
the organizations that I've worked with has been the LDC (Local Development Corporation),
continuously. And I've seen the progress that has been made in the life of Coconut Grove. You just
would have to have been here 20 years ago to have seen where it's come. And I hope that -- We are here
today. There's a group of us here in support of the LDC that you will not let it die, that you will continue
to allow it to work. I only have five minutes, so I'm going to let Yvonne speak to you.
Yvonne McDonald: Good morning, Commissioners, Mr. Chairman. First of all, I want to thank you for
this opportunity this morning. I want to acknowledge all the people who have come out from the
community to support the LDC. The Coconut Grove LDC is a vital organization in the community, and
we're here this morning just for the community to show its support. We think it's very, very important
that you know that there are a lot of people who will be affected by any decisions that are made. We
recognize that the LDC has a lot of work that it needs to do in order to continue to be a very, very viable
organization in the community. And we're here today to say that, that will be done. But we need your
support. I recognize that this afternoon at noon, we will have a meeting with Commissioner Winton, but
this morning, it is very important for the Commission to see that Coconut Grove supports the Coconut
Grove Local Development Corporation that has been providing services to the. community for 20 years.
And I would like to give the rest of my time to two people to have one minute to just make a statement,
and that's Mr. Glen Diston from Spot Color and Mr. Caleb Davis from the Helen B. Bentley Family
Health Center.
Glen Diston: Good morning, Commissioners. Good morning. My name is Glen,Diston, and I have been
in Coconut Grove for the past four years. I came here with -- one particular reason was the LDC sorted
me out, and I came here and I started a business here. And from then, I have been supported by the LDC.
I know I don't have much time, but I took the time to look up the word, "support" this morning, and the
meaning that I found for "support" was: "Supply with necessities of life, as food, shelter and money, and
to give aid and assistance." And if we do away, or should de -fund, I would say, the LDC, we would be
giving up and doing away with all these things. Thank you for your time. Thanks.
Commissioner Teele: Thanks.
Caleb Davis: Good morning, Commissioners. My name is Caleb Davis. I'm the CEO (Chief Executive
Officer) of Helen Bentley Family Health Center. I have been the CEO of the Family Health Center for 20
years, and I work with the LDC in that capacity. I think it is a viable organization. And like all
organizations, at some point in time, adversity overtakes us. I would hope that, you know, in your
deliberations you would take into consideration, you know, the track record of LDC and move to keep that
4 7/27/00
organization in the community and its viability. I look forward to meeting with you, Commissioner
Winton, this afternoon at 12:00 and we can probably go into more detail. Thank you very much.
Vice Chairman Gort: Thank you. I think it's very important -- please, you can sit down. Although this
was not on the agenda, the Commission allowed you to give a five-minute presentation. And
unfortunately, one of the reasons that not only this agency, but many of the agencies were not
recommended to be funded was because there were certain guidelines and criteria that were not followed.
There were certain things that were not done. So there's a lot of work, and I'm glad you have so much
support, because the agencies are going to need a lot of help and a lot of assistance to come up and be able
to comply with all of the -- and fix all the problems they've had in the past. So I want you to understand
that we don't just de -fund people for any particular -- I mean any political reason like that. We do so --
and we did about five other agencies because of discrepancies that there were within the contract and with
certain things. And I'm sure they can be able to straighten out, especially after the meeting with
Commissioner Winton. Commissioner Winton.
Commissioner Winton: I don't have anything to add to that. I think Commissioner Gort has expressed,
certainly, my feelings. And Yvonne McDonald and I have been working very closely together since I got
elected. So we have some major challenges. The community has got to step up a bit, but I know there's
some things going on. And frankly, in private meetings even with staff, the commitment is to not -- to see
to it that this organization doesn't go under. But there are some rules, frankly, and there isn't any reason
for us to air this publicly here, because we're all going to meet at noon today. But there are specific
Federal rules that we've got to follow that have us all in a bit of a pickle right now. And we've got to
figure out how we get out of that pickle and move on forward. So, Yvonne, see you at noon.
Ms. McDonald: I just want to thank you for this opportunity this morning and look forward to meeting
with you, Commissioner Winton, at noon. Thank you.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman, I would only like to add to what you have said and what
Commissioner Winton has said, and that is that this has been a series of very difficult decisions. And this
has affected communities, not only in Coconut Grove, but in Wynwood, and Allapattah, and Little Haiti,
as well as in Overtown. So I know that Commissioner Winton is going to be meeting with you, and I
certainly respect the fact that he's the district Commissioner. But I do want to just put on the record that
I've worked extremely well, extraordinarily well with Commissioner Winton, and I have just been
pleasantly surprised at his sensitivity and his willingness to try to work out something, and know that there
are those of us on the Commission that will support initiatives by the management if theirs is anything that
can be done, if the Manager can come up with any decision. But certainly, I'll be supporting
Commissioner Winton's efforts. Thank you very much.
Vice Chairman Gort: Thank you.
5 7/27/00
3. MANAGER TO EXPEDITE PAYMENTS TO SMALL VENDORS DOIN&BVSINESS WITH
THE CITY RELATED TO LOT CLEARANCE.
Vice Chairman Gort: We still have about two minutes before 10 o'clock. There's one item I'd like to
bring up, and as the Vice Chairperson today, I'm going to take the privilege to take a few items, that I
never do in the past. If you'd allow me Commissioner Sanchez.
Commissioner Sanchez: Yes, sir.
Vice Chairman Gort: OK. Thank you, sir. I appreciate it. We've talked quite a bit about the problems
that we have with the small vendors doing business within the City of Miami. I have a letter that I
received from Edutech, Edutech, Inc. It's a corporation that provides services to the NET (Neighborhood
Enhancement Team) cutting the grass. Now, my understanding is these are very, very small
businesspeople. I mean, their salary comes out of their payments. For some reason, their payments, their
bills go back three months. It's very difficult. And my understanding is, what they're telling me is, "The
funds have not been placed in the specific account to pay you." So somehow, I think maybe we can pay
them out of the general fund within 30 days. The contract says payment should be within 30 days. And
then refund the general fund. I mean, we need to find a solution for the small businesspeople. OK?
Robert Nachlinger (Assistant City Manager, Finance): Yes, sir.
Vice Chairman Gort: Thank you. I appreciate it.
6 7/27/00
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Thank you, Mr. Chairman. There's one item that — if it's to all
of the — the Chairman and the Commission for a time certain, 11 o'clock a.m., the Miami
Children's Museum have asked to hear their item at 11 a.m., if it's OK with this
Commission.
Vice Chairman Gort: My understanding is that we have a small agenda. Let's take it up
right now and get it out of the way. We've had conversation. My understanding is, if
you all recall, we asked the Administration to get together with the administration and
come back with a — see if there could be a resolution done that they can utilize part of the
Watson Island. My understanding is there is a resolution. You want to introduce it?
Commissioner Sanchez: Yes. Let me just elaborate a little bit. I don't think they are
ready, but I will proceed. I believe they are looking for someone. Let me go ahead and
just elaborate a little bit on the Children's Youth Museum. We all know the history of
this museum, where one of the original sites where it was — it raised a lot of concern
among several homeowners. This is a great organization that I think no one up here will
dispute that will provide a lot of good for our community. Now, I think that through the
art of communication and sitting down with everyone, the homeowners and the museum
people and the City of Miami have come together and are trying to do everything we can
to assist them in finding a site. The resolution that I have forth that I will read later will
clearly direct the City to assist them with the Watson Island location. Now, the Miami
Children's Museum must be built in a visible location and provide maximum
accessibility to the entire Dade County. Right now they have the funds. They have seven
point one million dollars ($7.1 million) available to build. However, they do not have a
site. The money has been guaranteed to them as long as they have a site to build. The
museum will be a welcoming environment and provide a very educational and safe
introduction to Miami's cultural community. And what I wanted to do — I have several
key points that I wanted to bring out and I will put them in the record. I'll turn them over
to the City administration. The resolution, what it clearly does — and I believe that the
City Attorney is speaking with the people from the Miami Museum — the Children's
Museum. Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): Commissioners, the last time this item came
before you, you asked that I review it to determine whether or not we legally could enter
into, for example, an agreement with MSEA (Miami Sports and Exhibition. Authority)
and MSEA in agreement with the Youth Museum to go forward with it on a Watson
Island site. Preliminary review — and I haven't issued the opinion yet — appears that we
can do it, consistent with what we did with the Tourist Development Council. So if the
Commission is going to entertain a resolution today, it should be a resolution which
7 July 27, 2000
directs the administration to negotiate with MSEA for the purposes of a long-term
agreement with MSEA that then, in turn, will lease the property to the Youth Museum.
And if you give that direction to the Manager, he'll have an opportunity to do that and
bring it back to the City Commission for final approval.
Commissioner Sanchez: Mr. City Attorney, this is the resolution that I'm going to put
forth and I hope it's accepted by you and the City administration. It's a resolution
authorizing and directing the City Manager to negotiate an interlocal agreement between
the City of Miami and the Miami Sports and Exhibition Authority, "MSEA", an agent
and instrumentally of the City of Miami, conveying a long-term interest in a one -acre
parcel of land located on the Watson Island for the purpose of developing a Children's
Museum; further directing the City Manager to present a negotiable interlocal agreement
to the City Commission for review and approval prior to its execution. So move.
Commissioner Winton: Second
Vice Chairman Gort: It's been moved and second. Under discussion. You know, one of
the suggestions I also gave them, right now, we have an agreement with the Heliport and
the Convention and Visitor's Bureau. Maybe, and if possible, maybe they should get
together and combine and put all these things together, and create such a great event.
OK. Any further discussion? Being none, all in favor state by saying...
Mr. Vilarello: Mr. Chairman, the one issue, of course — and probably goes without
saying — but all in a form acceptable to the City Attorney and complies with all applicable
laws.
Vice Chairman Gort: Right. All in favor state it by saying "aye."
The Commission (Collectively): "Aye."
8 July 27, 2000
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 00-646
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE AN INTER -LOCAL AGREEMENT BETWEEN THE
CITY OF MIAMI AND THE SPORTS AND EXHIBITION
AUTHORITY ("MSEA") TO CONVEY A LONG-TERM INTEREST IN
A ONE -ACRE PARCEL OF LAND LOCATED ON WATSON ISLAND
FOR THE DEVELOPMENT OF A CHILDREN'S MUSEUM; AND
DIRECTING THE CITY MANAGER TO PRESENT THE
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO THE CITY COMMISSION FOR CONSIDERATION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you, and have a good one.
9 July 27, 2000
•
5. CONSENT AGENDA.
Vice Chairman Gort: OK. It's 10:04. The regular Agenda comes up. Any item that any Commissioner
would like to pull in the consent agenda?
Commissioner Sanchez: Mr. Chairman, if there's no objection from the Commission, I so move the CA
items.
Frank Rollason (Assistant City Manager -Operations): We've got one scrivener's error that we have to fix
on CA -1. We just have to remove the --
Vice Chairman Gort: Excuse me. You are?
Mr. Rollason: Oh, Frank Rollason, Assistant City Manager. On item 1, it says that it -- it reads: "The
procurement of lawn maintenance equipment, replacement parts and repair services." And actually, it's
the procurement of maintenance equipment replacement parts. We just need to take that comma out of
there. We're just buying parts. We're not buying equipment.
Vice Chairman Gort: OK. There's a motion. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: It's moved and seconded. Is there anyone who would like to discuss any of the
items in the consent agenda? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
10 7/27/00
Note for the Record: CODE SEC. 2-33(J), STIPULATES THAT
CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE
AGENDA PRIOR TO CITY COMMISSION CONSIDERATION
SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR
AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED
MEETING OF THE CITY COMMISSION.
THEREUPON, MOTION DULY MADE BY COMMISSIONER
SANCHEZ AND SECONDED BY COMMISSIONER REGALADO,
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
5.1 AUTHORIZE PROCUREMENT OF LAWN MAINTENANCE EQUIPMENT REPLACEMENT
PARTS AND REPAIR SERVICES FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION FROM VARIOUS VENDORS, UNDER EXISTING MIAMI-DADE COUNTY
CONTRACT, $75,000.
RESOLUTION NO. 00-647
A RESOLUTION OF THE MIAMI CITY COMMISSION,
AUTHORIZING THE PROCUREMENT OF LAWN MAINTENANCE
EQUIPMENT REPLACEMENT PARTS AND REPAIR SERVICES
FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION FROM VARIOUS VENDORS, UNDER
EXISTING MIAMI-DADE COUNTY CONTRACT NO. 5079 -2/02 -
OTR, AND ANY EXTENSIONS THERETO, ON AN AS -NEEDED
BASIS FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO
RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, IN AN
ANNUAL AMOUNT NOT TO EXCEED $75,000; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO.
509000.420901.6.702.
11 7/27/00
5.2 AUTHORIZE PURCHASE OF GRAPHIC DESIGN SERVICES FOR DEPARTMENT OF
COMMUNITY DEVELOPMENT FROM SONSHINE COMMUNICATIONS, UNDER EXISTING
STATE OF FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE ("SNAPS") AGREEMENT,
$9,000.
RESOLUTION NO. 00-648
A' RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE PURCHASE OF GRAPHIC DESIGN SERVICES
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT FROM
SONSHINE COMMUNICATIONS, UNDER EXISTING STATE OF
FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE
("SNAPS") AGREEMENT NO. 9732077-1, AND ANY EXTENSIONS
THERETO, IN AN AMOUNT NOT TO EXCEED $9,000;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
799302.452479.6.270.
5.3 AUTHORIZE PROCUREMENT, DELIVERY AND INSTALLATION OF TELEMETRY
EQUIPMENT, MOSCAD-L SYSTEM FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION FROM DCR ENGINEERING SERVICES, INC., UNDER EXISTING STATE OF
FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE ("SNAPS") AGREEMENT, $33,841.
RESOLUTION NO. 00-649
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE PROCUREMENT, DELIVERY AND
INSTALLATION OF TELEMETRY EQUIPMENT, MOSCAD-L
SYSTEM, FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, FROM DCR ENGINEERING SERVICES, INC.,
UNDER EXISTING STATE OF FLORIDA NEGOTIATED
AGREEMENT PRICE SCHEDULE ("SNAPS") AGREEMENT NO.
4501613, AND ANY EXTENSIONS THERETO, FOR AN AMOUNT
OF $30,800, PLUS $3,041, FOR THE PURPOSE OF PROVIDING FOR
A CONTINGENCY AMOUNT, FOR A TOTAL NOT TO EXCEED
$33,841; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 311052.429401.6.840.
12 7/27/00
5.4. AUTHORIZE ALLOCATION OF $67,200 FROM 25TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") FUNDSFOR REHABILITATION OF FORTY-EIGHT
(48) BUSINESSES LOCATED IN DOWNTOWN AREA AS PROJECTS OF CITYWIDE
COMMERCIAL FAQADE PROGRAM; DESIGNATING DOWNTOWN MIAMI PARTNERSHIP,
INC. AS ORGANIZATION TO IMPLEMENT PROGRAM AND DISBURSE FUNDS TO PROGRAM
PARTICIPANTS.
RESOLUTION NO. 00-650
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT
OF $67,200 FROM 25TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT ("CDBG") FUNDS, PROJECT NO. 799602, FOR THE
REHABILITATION OF FORTY-EIGHT (48) BUSINESSES LOCATED
IN THE DOWNTOWN AREA AS PROJECTS OF THE CITYWIDE
COMMERCIAL FACADE PROGRAM; DESIGNATING THE
DOWNTOWN MIAMI PARTNERSHIP, INC. AS THE
ORGANIZATION TO IMPLEMENT THE PROGRAM AND TO
DISBURSE FUNDS TO THE PROGRAM PARTICIPANTS; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE.
5.5 AUTHORIZE ALLOCATION OF $54,600 FROM 25TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS FOR REHABILITATION OF THIRTY-NINE
(39) BUSINESSES LOCATED IN DOWNTOWN AREA AS PROJECTS OF CITYWIDE
COMMERCIAL FAQADE PROGRAM; DESIGNATING DOWNTOWN MIAMI PARTNERSHIP,
INC. AS ORGANIZATION TO IMPLEMENT PROGRAM PARTICIPANTS.
RESOLUTION NO. 00-651
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT
OF $54,600 FROM 25TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT ("CDBG") FUNDS, PROJECT NO. 799602, FOR THE
REHABILITATION OF THIRTY-NINE (39) BUSINESSES LOCATED
IN THE DOWNTOWN AREA AS PROJECTS OF THE CITY WIDE
COMMERCIAL FACADE PROGRAM; DESIGNATING THE
DOWNTOWN MIAMI PARTNERSHIP, INC. AS THE
ORGANIZATION TO IMPLEMENT THE PROGRAM AND TO
DISBURSE FUNDS TO THE PROGRAM PARTICIPANTS; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE.
13 7/27/00
6. RATIFY AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE
PROVISION OF TECHNICAL SERVICES FOR DEACTIVATION, REALIGNMENT AND
RETUNING OF CITY'S MULTI -SITE ANALOG MICROWAVE DATA/VOICE TRANSMISSION
SYSTEM FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FROM MOTOROLA
COMMUNICATIONS & ELECTRONICS, INC., $25,602.
Vice Chairman Gort:. Item 2, sole source purchase. This is a multi -site microwave. My understanding is
this is requested to change -- the total estimated cost is twenty-five thousand dollars ($25,000). Do I have
a motion? This is item 2.
Commissioner Sanchez: So move.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Discussion? Being none, all in favor, state it by saying
GG "
aye.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-652
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF SOLE
SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES AND APPROVING THE
PROVISION OF TECHNICAL SERVICES FOR THE
DEACTIVATION, REALIGNMENT AND RETUNING OF THE
CITY'S MULTI -SITE ANALOG MICROWAVE DATA/VOICE
TRANSMISSION SYSTEM FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION FROM MOTOROLA
COMMUNICATIONS & ELECTRONICS, INC., IN AN AMOUNT NOT
TO EXCEED $25,602; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO. 311052.429401.6.840.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
14 7/27/00
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
15 7/27/00
0
7. RATIFY AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE
ACQUISITION OF RADIOS WITH ACCESSORIES CONTAINING SMARTNETTM SOFTWARE
SYSTEM FOR DEPARTMENTS OF POLICE AND FIRE -RESCUE FROM MOTOROLA, INC., SOLE
SOURCE PROVIDER, $2,260554.60; ALLOCATING FUNDS FROM LOCAL LAW
ENFORCEMENT BLOCK IV GRANT $2,062,181; TROOPS FOR COPS 99 GRANT, $7,500; AND
CAPITAL IMPROVEMENT PROJECT, $190,873.60.
Vice Chairman Gort: OK. Item 3, sole source purchase of Motorola radios.
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second for the purpose of discussion.
Vice Chairman Gort: Discussion.
Commissioner Sanchez: How much have we spent already on these radios? Is this a different system?
We've always had Motorola.
Major John Longueira (Police -Support Services): Commissioner, yes, sir. In the past probably a year,
we've probably spent a little over four million dollars ($4,000,000) in replacing portable radios. And in
this purchase, there's also radios for fire trucks and some police cars and the motorcycles. This will, for
Police, just about take care of our portable radio needs. It's not to say in the future, we might not have
some vehicle radio needs. And Fire is still in their transition stage. As they get more funding, they'll need
to acquire some more radios, but not to the extent of this.
Commissioner Sanchez: Did we negotiate them separately, like the Fire, Police?
Major Longueira: No, no. We went out together. This is one purchase for Police and Fire together, and
negotiated, and we checked the prices that other agencies got. We're in line with all of that. And this is a
joint purchase of Police and Fire of all the radio equipment.
Commissioner Sanchez: OK. And it's four million. This additional two million, sixty-two, one eighty-
one?
Major Longueira: Well, the two point two million is part of the four million something. So --
Commissioner Sanchez: Which is a grant. It came from a grant.
Major Longueira: Well, our two million is a block grant, and Fire's one hundred and ninety thousand is
the fire fee.
Commissioner Sanchez: OK. I realize that the radios constantly malfunction, and that would endanger, of
course -- I've been in that situation when I was a state trooper with our Motorola 500's. They were -- you
16 7/27/00
know, we were forced to use our cell phones, because we couldn't rely on our lifeline, which is such a
necessity for all of us when we need assistance, if it ever came about. Now, what I wanted to just throw
out is, if we're ever going to do this again, can't we put -- I mean, you did put everybody together, I mean
for a long term -- and I realize with technology now -a -days changing, and you constantly need to update.
Can we project a few years down the line and save money for the City when we do that?
Major Longueira: Commissioner, the bulk of these purchases are replacement radios that were basically
about 15 years old or greater. So if we get the same kind of life span from these new radios that we've
gotten from the old, we could certainly, you know, put out a plan of how many radios we need on a per -
year basis, basically replacement. But these radios are pretty sturdy and --
Commissioner Sanchez: What is the -- it's eight years, right?
Major Longueira: The expected life normally is --
Commissioner Sanchez: Eight-year span by six years.
Major Longueira: Eight years is what they recommend. Our old radios, we squeezed much more than
that out of it.
Commissioner Winton: You said 15? Is that what you said? Fifteen years.
Commissioner Sanchez: The old system, Johnny.
Major Longueira: The system itself is about 15 years old. We have replaced some radios. Now, CA -3,
1l
item umber 2, those are part of fixing the backbone that go along with this purchase of the radios.
Realigning the microwave and fixing the backup system in item- CA -3, that's part of the infrastructure.
We've got an RFP (Request for Proposals) on the street for the radio system consultant. We're going to
be bringing that back to the Commission. And probably by the end of the year or the beginning of next
year, we're going to have about three point two million dollars ($3.2 million) in repeaters, and transmitters
and receivers type of improvements to the backbone.
Commissioner Sanchez: And I understand that.
Major Longueira: And that's 15 years old.
Commissioner Sanchez: What I will -- I don't want to see the City fall into a situation where. the state
happened, that they spent millions and millions on a system that by the time that it was completed, it was
absolutely -- it was never completed throughout the state and never even passed, I think, Orlando with the
800 megahertz. So what I want to do is see if we could somehow along the way project that if the system
is going to be completed, maybe we could get additional insurance, or some type of plan where we don't -
- It's about saving money and assuring that the system works properly.
Major Longueira: Our approach is different than the way the state did it. And I'll come brief you, if
you'd like, on how the state designed that. They didn't buy a statewide system from Motorola. They
bought pieces from five different vendors, and they don't work.
17 7/27/00
Commissioner Sanchez: Well, I know the system. And it was designed to fit. First they didn't have the
towers to get them.
Major Longueira: Right. The state designed it.
Commissioner Sanchez: They had to rent -- lease properties to put towers. We can't compare the state to
the City.
Major Longueira: Right.
Commissioner Sanchez: All that I'm saying is to caution them a little. I'm going to support the item. I
just want to make sure that we don't fall into a situation that --
Major Longueira: Well, the consultant RFP, when we come back, is going to make those kinds of
recommendations to you. What do we do in the future? What's the best way to keep the system going?
What are the long-range alternatives? And after we hire that consultant, that's part of his, report to come
back to you.
Commissioner Sanchez: What is the projected total amount of money that we're going to spend on this
system? Total amount. To get it completed, do we have a total amount of money that we're going to
spend on it? Because I don't want to get to six million, eight million, and then have to put five hundred
thousand for an addition --
Major Longueira: Now, what you're going to do now is we replaced the radios. We're coming back at
some point for three point two million in infrastructure repairs. After that, there's probably another four
million of other infrastructure repairs in the oncoming years. And at some point, we need to look at
replacing the microwave, which that is a multi-million dollar --
Commissioner Sanchez: Now, with the numbers that you've put out -- let me interrupt. For the numbers
that you've put out, you're already looking at thirteen point six million dollars ($13.6 million).
Major Longueira: Commissioner, a new system costs twenty million. If you could give me twenty
million today, I would be glad to put out an RFP and buy a new system.
Commissioner Sanchez: Well, let's make it very clear. We couldn't give you twenty million if we wanted
to.
Major Longueira: Because we can't, we're trying to improve our current system in bits and pieces as we
find the funding. We're trying to do it in an orderly manner to upgrade our current system.
Commissioner Winton: Could I ask a question?
Carlos Gimenez (City Manager): Our goal is not only just to -- Our goal really is to maintain this current
system that we have to, you know, adequate standards, which, frankly, we didn't in the past, and also
make -- you know, upgrade it to those capabilities that we may need in the future. For the most part, the
18 7/27/00
system has worked very well here. But just to make -- we'll need to make sure that we upgrade it and that
we maintain it.
Major Longueira: All of these new radios, too, Commissioner, that we bought recently and we're going to
buy now, are all digital radios capable. So if we do go towards the new technology, these will roll from
the analogue into the digital, and we can do it a piece at a time.
Commissioner Sanchez: OK. OK. Thank you.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: Actually, that's the question I had, and I want to make sure that I understand what
that means, because it seemed to me that the process here was backwards, that we've got a backbone that
doesn't -- that needs to be replaced, and we're buying the downstream equipment from the backbone. So -
Major Longueira: There's a reason for that, Commissioner. The new technology radios, they have certain
filters in them that help us compete at this time with all of the cellular carriers that are putting up antennas
all over the City. We've had problems with that. They have filters in the radios that help us deal with
that. That's one of the reasons we had to do that at this time, because our officers couldn't communicate at
all. There were parts of the City that they just couldn't talk.
Commissioner Winton: So how do you know, then, that -- if you don't know what the backbone is going
to be that you're going to go to, how do you know that these radios are going to be compatible if we spend
all this money?
Major Longueira: Well, what we're going to do is upgrade our current backbone. We're not changing to
a different system, a different vendor. We're upgrading the one we have.
Commissioner Winton: And Motorola has assured you that whatever we're going to -- Well, what's the
time frame you think you'll be making significant backbone improvements?
Major Longueira: Well, like I said, between now and the beginning of next year, calendar year, I think
we're going to come back with three point two million dollars ($3.2 million), because that's all the
funding available at this point --
Commissioner Winton: Right.
Major Longueira: -- to make the repeaters, the transmitters, the receiver improvements.
Commissioner Winton: But aren't you going to have additional improvements after that, as well?
Major Longueira: As we find funding, we will need additional improvements.
Commissioner Winton: Well, so is that going to be a three, four or five-year process, then --
19 7/27/00
0
Major Longueira: Yes.
Commissioner Winton: -- before you get where you want to be?
Major Longueira: Yes.
Commissioner Winton: And so the question here, if it's -- let's say it's a five-year process. I think the
real issue that we need to make sure that we're clear on with Motorola is that they're not working on some
new technology that could be absolutely outstanding that we could be buying into four years from now
that makes these radios virtually obsolete. And we .need -- you know, that's a dialogue you got to have
with Motorola.
Major Longueira: Well, and we have. And there is new technology with other vendors. But again --
Commissioner Winton: We're not going to change them.
Major Longueira: -- it involves a commitment of twenty million dollars ($20,000,000) at once, not three
here, two there, five here.
Commissioner Winton: Right.
Major Longueira: It's twenty. And you got to bite the bullet.
Commissioner Sanchez: Because you have to change the whole system, John.
Commissioner Winton: Yeah. And I'm just saying that with Motorola -- not the other vendors --
Major Longueira: Yes.
Commissioner Winton: -- because we're -- we seem to be, because of dollars, we're wedded to Motorola
here.
Major Longueira: Yes.
Commissioner Winton: And so I think we just need to make sure that Motorola isn't working on some
major new technology that could radically change to our benefit within the next three or four years, some
new technology that could benefit us, and then we have these damn radios that don't -- are no longer
compatible, or don't allow you to utilize the system that you could be utilizing.
Mr. Gimenez: Commissioner, the reason, the major reason why we have to buy these radios is that they're
replacing 15 year old units that are basically not being -- that will not be maintained anymore by Motorola
because they're so -- they're basically obsolete. So we have to go to a new type of radio in order to make
sure that our fire fighters and police officers have the equipment that they need to communicate.
Commissioner Sanchez: And Johnny, if you could yield for just a minute. We go back to where we have
applied a Band-Aid to a fatal wound for many years. And we can't jeopardize the safety of our men and
20 7/27/00
women out there serving our community. But our concern, as well, is -- the experience that I saw with the
state -- is that we want to make sure that -- and this is a very important issue. It's an issue of a lot of
taxpayers' money -- that we want to make sure that when we're done with this system, it's a good system.
You know, we don't want to overspend on it, because, you know, I can't go out there and buy a Mercedes-
Benz if I can't afford it. And that is one of the concerns that we have, that it has good -- where Motorola
is committed to fixing it, and that good service is provided, in the long term, it's a good investment for the
City. And I've seen too many institutions -- and I hate to go back where I came from, the state -- where
they basically made horrible decisions, and it came back that today, and not long ago, a couple of weeks
ago, it was in the paper where their system shut down completely, after spending millions of millions of
millions of dollars on a system that did not work.
Commissioner Winton: And frankly, with Motorola, it seems to me that as a part of the negotiation, if
Motorola is working on some new technology that could be absolutely outstanding for us, that could make
these radios obsolete, maybe we could negotiate a contract with Motorola so that we can trade those radios
in and get full credit for the price we paid. If it's within a window of three or four years, you get credit for
full price and just pay the incremental cost for whatever the new radios would be. And then we're
protected by that process, that technology advance that I'm talking about.
Raul Martinez (Chief of Police): And Commissioner -- Raul Martinez, Chief of Police. We basically had
a couple of options in my prior assignment. GSA (General Services Administration), Fire and Police
worked together. And the option is buy a brand new system, very costly, the twenty million dollars
($20,000,000), or fix it, bring it up to standards that would meet the demands for the City and of the
different departments. And we have hired a consultant that is going to tell us what if it takes the year
2010, 2005, 2015? Are still going to have a good operating system? So it's not just us saying this is what
we would like to do, but he is going to give us a plan, and this is the first thing we just change first,
whether it's the microwave, or the tower, or so on and so forth. So five years from now, or seven years
from now, or ten years from now, we'll have a working system that radios still work in that system. We
may have to do some upgrades on software or whatever that programmatically makes it work, but that's
what we're doing. We're doing it in a systematic way that is less impacting on the City as far as dollars,
but it insures that the public safety demands are met.
Vice Chairman Gort: Gentlemen, I think what the Commission is telling you is just what you're stated,
that we're going to get the twenty million dollar ($20,000,000) operation for maybe ten million or five
million. But we want to make sure that it operates equivalent to the other one. OK? Any further
discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
21 7/27/00
•
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-653
A RESOLUTION BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A
DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE
SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES, AND APPROVING THE
ACQUISITION OF RADIOS WITH ACCESSORIES, CONTAINING
THE SMARTNETTM SOFTWARE SYSTEM, FOR THE
DEPARTMENTS OF POLICE AND FIRE -RESCUE, FROM
MOTOROLA, INC., THE SOLE SOURCE PROVIDER, IN AN
AMOUNT NOT TO EXCEED $2,260,554.60; ALLOCATING FUNDS
THEREFOR FROM: THE LOCAL LAW ENFORCEMENT BLOCK IV
GRANT, ACCOUNT CODE NO. 142023.290500.6.840, IN THE
AMOUNT OF $2,062,181; TROOPS FOR COPS 99 GRANT,
ACCOUNT CODE NO. 142028.290520.6.840, IN THE AMOUNT OF
$7,500; AND CAPITAL IMPROVEMENT, PROJECT NO. 313303,
ACCOUNT CODE NO. 289401-840, IN THE AMOUNT OF
$190,873.60.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L.Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
22 7/27/00
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8. RATIFY AND CONFIRM MANAGER'S, FINDING OF SOLE SOURCE, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE
ACQUISITION OF MAINTENANCE SERVICES FOR XEROX 4850 LASER PRINTING SYSTEM
FOR DEPARMENT OF INFORMATION TECHNOLOGY FROM XEROX CORPORATION, SOLE
SOURCE PROVIDER, $70,000; ALLOCATING FUNDS FROM GENERAL FUND (See #10).
Vice Chairman Gort: Item 4, acquisition of maintenance services for Xerox 4850.
Commissioner Winton: Move it..
Vice ChairmanGort: It's been moved. Is there a second?
Commissioner Teele: Second.
Commissioner Regalado: Second.
Vice Chairman Gort: Discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-654
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF SOLE
SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES AND APPROVING THE
ACQUISITION OF MAINTENANCE SERVICES FOR THE XEROX
4850 LASER PRINTING SYSTEM FOR THE DEPARTMENT OF
INFORMATION TECHNOLOGY, FROM XEROX CORPORATION,
THE SOLE SOURCE PROVIDER, IN AN ANNUAL AMOUNT NOT
TO EXCEED $70,000 FOR THE FIRST TWO YEARS, WITH AN
OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR
PERIODS, WITH ANNUAL MAINTENANCE INCREASES LIMITED
TO NOT MORE THAN TEN PERCENT (10%) ANNUALLY,
COMMENCING WITH THE THIRD RENEWAL YEAR;
ALLOCATING FUNDS THEREFOR FROM GENERAL FUND
ACCOUNT CODE NO. 001000.460101.6.670.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
23 7/27/00
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
24 7/27/00
0
9. RATIFY AND CONFIRM MANAGER'S FINDING OF AN EMERGENCY, WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE
ACQUISITION OF MAINTENANCE SERVICES FOR FOUR CITY STORM WATER PUMPING
STATIONS FOR DEPARTMENT OF PUBLIC WORKS, FROM CONDO ELECTRIC MOTORS, INC.,
$104,840; ALLOCATING FUNDS FROM STORM WATER UTILITY TRUST FUND.
Vice Chairman Gort: A resolution finding of an emergency finding on maintenance services for the City's
storm water pumping stations. Let me tell you, this is very important. Especially, I've received some
complaints from Dade County, the pumping station on 13th Avenue and 6th Street. Somehow, they believe
we're not really maintaining it the way we should. So I hope by improving this, we can take care of all
those things in there. Those stations are very important to us. Do I have a motion?
Commissioner Winton: So move.
Commissioner Regalado: Move it.
Vice Chairman Gort: Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-655
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES, AND
APPROVING THE ACQUISITION OF MAINTENANCE SERVICES
FOR FOUR (4) CITY OF MIAMI STORM WATER PUMPING
STATIONS FOR THE DEPARTMENT OF PUBLIC WORKS, FROM
CONDO ELECTRIC MOTORS, INC., IN AN ANNUAL AMOUNT
NOT TO EXCEED $104,840; ALLOCATING FUNDS THEREFOR
FROM THE STORM WATER UTILITY TRUST FUND; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR SAID PURPOSE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
25 7/27/00
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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
26 7/27/00
10. COMMENTS REGARDING LOCAL LASER PRINTING VENDOR (See #8).
Commissioner Sanchez: Mr. Chairman, if we could go back, I know it passed, but I have a question on
number 4.
Vice Chairman Gort: Go ahead, sir.
Commissioner Sanchez: We do not have a local vendor to provide service for the laser, 4550 (sic) laser
printer system? We had to go all the way to Tallahassee for this?
Glen Marcos (Assistant Director, Purchasing): Can you repeat the question, please?
Commissioner Sanchez: The vendor here is a non -local vendor located in 2409, Tallahassee, Florida. We
did not have a local vendor that could provide maintenance services for these laser printers?
Aldo Stancato (Director, Information Technology): Aldo Stancato, Information Technology. Let me
answer that. There are local -- the technicians are local. That's where their corporate headquarters is for
Florida, and that's why that address is there. But Xerox does have a presence here locally.
Commissioner Sanchez: OK. Listen, you know, J.L. and I didn't agree on a lot of issues, but I'll tell you
one issue that I agreed with him, that if we're going to be doing business with people, we need to do
business with people in the City of Miami, because they are the ones that are paying taxes, their in the
City, and they're supporting us. We should support them.
27 7/27/00
11. MR. EDY LARAQUE ADDRESSED COMMISSION CONCERNING STORM WATER RUN-
OFF, STORM WATER SEWER CHARGES, AND OTHER MISCELLANEOUS ITEMS REGARDING
THE LITTLE HAITI COMMUNITY.
Vice Chairman Gort: Item 6, personal appearance by Edy Laraque.
Commissioner Teele: Mr. Chairman, while Mr. Laraque is coming, let me take this opportunity to express
my appreciation to the management for working and meeting with Mr. Laraque and the homeowners
association, and the very distinguished people that he's representing. And Mr. Laraque, it's a pleasure to
see you here again today, and thank you for being here.
Edy Laraque: OK. Thank you, Mr. Teele. I also want to express my thanks to everybody that's been
working with me on this file. Definitely, I got good cooperation from Mr. Teele's office and the office of
the City Manager, and the Assistant City Manager, the Public Works.
Vice Chairman Gort: Mr. Laraque, would you state your name and address for the record, please.
Mr. Laraque: OK. My name is Edy Laraque. My address is 3 Northeast 75th Street, in Miami, Florida.
And as you can see, I live in Little Haiti. My office is in Little Haiti. I am with Bishop Darbouze
(phonetic), who is the chief of the Haitian Catholic Church in Miami. And he also has a church in Little
Haiti. So I want to thank everybody that's worked with me on this. And what is the problem why I am
here? I am here because we have in Little Haiti storm drainage problems. Definitely what I want to say
that you should be aware of, there haven't been any drainage projects in Little Haiti for the last five years.
No storm sewer installed or replaced, nothing in Little Haiti. We've been having -- the City has a plan for
infrastructure work in Little Haiti since the `80s. However, those projects have been postponed, years
after years, because of -- for whatever reason -- budget. And the problem is this: Even though we have no
storm sewer, we are being charged for storm sewer fees. And this is what we think that's -- we're not very
happy with that. The consequences for not having storm sewer are a lot of consequences. We have flood
at any rain, and we have water any places with mosquitoes, frogs, as you can think about it. And we have
a problem in Little Haiti because of the garbage pickup. The streets in Little Haiti look like a battlefield.
It's like in Kosovo. We have holes all over the place and septic problems, because people don't walk on
the sidewalk. They walk on the streets. We in Little Haiti, we feel like we're being treated like second-
class citizens in a second-class neighborhood. We're very mad, we're very sad about it. And Little Haiti
is not able to attract any more residents. People are leaving, people are not coming back, and we cannot
attract new businesses. Presently, we experienced in the City of Miami an economical boom in what you
call the Biscayne Boulevard Corridor, but we're getting nothing about it, because 2nd Avenue Northeast
should be the alternate road to Biscayne Boulevard, if there's something in Biscayne Boulevard. Nobody
can use that road, because there's holes all over the place or water puddles. It's really bad. What we're
asking for, we're definitely asking to have the same cooperation we're still having so far with Mr. Teele
and the Commissioners to continue to address those problems and to solve those. We want that to
continue, and we're willing to continue to work with you. And also, we want some fairness in money
spending. OK? It's not acceptable that not a penny has been spent in the residential Little Haiti for the
last five years. It's not acceptable for me. It's not acceptable for Mr. Darbouze or anybody else in Little
Haiti. It should not be acceptable for you people, neither, Mr. Commissioners. We want definitely to
address the drainage problems in all City projects in priority, meaning that whatever they want to do, a
sidewalk, address the drainage. Be sure that we're not going to make it worse. We also think that some
28 7/27/00
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sewer installation should be included in all new infrastructure works in Little Haiti. If you want to do any
drainage, any paving of the streets, it should include some sewer installation. I would like also the City
staff addressing that, the whole, thinking that's creating the battlefield, as I talked about it. In Little Haiti,
when they do the garbage pickup, I want the City to continue to address that, to find alternatives to this
practice. Also, what we want also, one of our requirements is to find alternative techniques to improve
drainage for streets that have no drainage, no storm sewer, because probably there's other alternatives they
can use to drain water necessarily to make very important infrastructural works. That you may not have
money for, I don't know. But we should make -- get something else. I would like also the City Manager
and the City Attorney to think about the following points: Is it legal to put storm sewer charges in water
bill? There is no relationship between storm and water bill. I understand that the sanitary sewer charge
can be linked to water bill. But I have a problem taking the storm sewer in water bill, because if I don't
want to pay storm sewer, they cut my water. And also, I want them also to address is it legal --
Commissioner Teele: Excuse me, excuse me. Mr. Chairman, on that point, the Attorney, I think can meet
or discuss this with you. But you make a very good point. The problem, of course, is that the City has
nothing to do with storm water bill or the water bill. In other words, the storm utility charge, which is on
your water bill, is placed there by the County. And the storm water is added to that water bill. Now, do
we get a percentage of the storm water?
Carlos Gimenez (City Manager): Yes, sir.
Commissioner Teele: What percentage of the storm water bill do we get?
John Jackson (Director, Public Works): John Jackson, Director of Public Works. We have our own storm
water utility and the County has theirs. We get 100 percent of ours. And the County has their storm water
Commissioner Teele: But he's talking about on the water bill. Is yours on the water bill?
Mr. Jackson: Yes. The County -- Our storm water utility revenues are collected by Miami -Dade Water
and Sewer Department, and it's on their bill, and then they in turn send the money to the City.
Commissioner Teele: Well, I stand corrected to the extent that the City bill is on that. And what I need to
do is look at how much is in that, because it's the issue that you're raising, which is one of equity and
fairness, is that we're collecting a storm water bill, see. And this gets --
Commissioner Winton: For a long time we've been collecting this.
Commissioner Teele: But see, this gets us back to the structural problem. And I don't mean to take your
time away, but the structure problem is this: The money for the storm water utility bill, to my knowledge
-- and Mr. Budget Czar, Mr. Solid Waste Director, correct me if I'm wrong -- but to my knowledge, most
of that money is going to pay for solid waste. The storm water utility bill budget -- it's not? It used to be
a number in the -- If you go through the Solid Waste budget, a percentage of the Solid Waste -- And see,
that was my whole issue, when we had all, these storm water utilities that we found over 200 meters, you
know, parking meters, Off -Street Parking, right there in the Wynwood area there right off of 20"' Street
were in the storm water utilities that had not been touched. We found over 200 in one day. They were
29 7/27/00
C
•
doing a paint -up. Miguel Diaz de la Portilla and those people were doing a paint -up. We were all there --
Barbara Carey -- and the fact is that these storm water utilities aren't being done. Now, the last time I
looked, that money was going into the Solid Waste budget.
Mr. Gimenez: From my understanding, sir, a portion of it does go to Solid Waste to do the street
sweeping mainly in the downtown areas.
Frank Rollason (Assistant City Manager -Operations): To maintain the storm water systems with the
debris going into that. That is the portion, and that is the only portion that's going in there now, whereas
before, I think some of it was being used to Help offset the --
Commissioner Teele: Well, I apologize, Mr. Chairman. I would like to get a clear memo and follow-up
of every dollar of the storm water utility, and also make that available to Mr. Laraque for his group's
edification.
Mr. Rollason: Right. We supplied them a set of the last five years where all the money has gone and we -
Commissioner Teele: Yeah, we've got the information.
Mr. Rollason: OK.
Commissioner Teele: And they're speaking from facts. That's what I want the Chairman to know, is that
they've scrutinized -- although there's been one or two done,. most of them have been done in the
southwest portion of the City. And what they're talking about in very veiled language, but very
appropriate language is the fact that there is an equity problem if you're collecting money from people and
nothing is going back into the community now.
Vice Chairman Gort: What I would like to do is let Mr. Laraque finish, and then I think he's asked some
very good questions of the staff, and I'd like the staff to answer. This storm water sewer is something
that's been asked by just about every neighborhood. And I think and I believe it's very important that we
explain how those funds are being spent, and how and so on. I'm sorry. Continue, sir.
Mr. Laraque: OK. Thank you. OK. So is it legal to put the sewer charge in the water bill? What I'm
saying is, from my telephone bill, if I decide not to pay or if I don't have money to pay long-distance bill,
they don't cut my phone service. However, I cannot decide not to pay some sewer charges in Miami,
because they cut my water, and I need water. And this is what I'm saying. There's a difference there. So
is it legal to put it there, so I get no choice but to pay it, even though I don't get the service? And also, is
it legal to charge to the homeowners whose houses are located in streets not equipped with storm sewers,
is it legal to charge those homeowners some sewer charges? This is another legal question and I want to
raise -- I want to have an answer.
Vice Chairman Gort: OK.
Mr. Laraque: I would like also for you people to instruct the City Manager to allocate budget for the
works they promised to me they were going to do. My understanding is you're the one that gets the
30 1 7/27/00
• 0
money. Let's allocate them some money. Let's instruct them what to do. And I want to be sure that the
project, drainage projects in Little Haiti that's scheduled to be completed, as Mr. Jackson told me, in 2001,
2002, they are not being scheduled -- postponed, being postponed anymore. Thank you very much.
Vice Chairman Gort: Thank you, sir. OK. There's quite a few questions there, legal questions.
Alejandro Vilarello (City Attorney): With regard to whether or not the City can, in fact, put the storm
water sewer bill on the water bill, it is appropriate. It is, in fact, the method of collection that every city in
Dade County uses. With regard to whether it's lawful to assess a storm water fee, it's authorized under
state statute, which gave the County the authority to do it, as well. And in fact, the City of Miami is one
of the first cities to have a storm water sewer charge. Now, it's got to be used for maintenance and
improvements to the storm water system. And to that extent, perhaps the administration can discuss just
exactly how those funds are being used.
Vice Chairman Gort: Mr. Jackson.
Mr. Jackson: Yes. OK. I'd like to answer a few of the questions. One item I'd like to clarify is that there
have been projects in Little Haiti, as far as drainage projects. These are local drainages in which there was
-- there is a drainage problem at, say, for a block or within a block, and we have gone in. There's been a
number of those that have been in Little Haiti. As far as the major, major basin problems which -- a
project which would address drainage for an area, there are four projects that are planned, as Mr. Laraque
has mentioned. There are two planned in 2001. There's another one in 2004 and one in 2006. These are -
- and how the department does this is that we prioritize the work. We have a storm water master plan that
was developed a number of years ago, and that's what we're following as far as the prioritizing of areas
that have severe drainage problems, and that's how these four projects I just mentioned, that's how they
are forecasted. The areas that are severely low, low areas that have severe flooding problems, obviously,
they have been done first, since we started the storm water utility program in, I think, 1988.
Vice Chairman Gort: My question is, I know the five-year capital improvement projects, it's in there and
it shows the date and time. But unfortunately, in the past, there has not been funding. What we want to
make sure is the projects that we talked about; they do have the funding, so it shouldn't be any reason why
it should not be done. Am I correct?
Mr. Jackson: That's correct. No reason why these projects should not go.
Vice Chairman Gort: OK. Also, at the same time, in reading the capital improvement reports that you
give to us every month -- and correct me if I'm wrong -- but I think I've seen on the sidewalks you've
done sidewalks in Little Haiti. Am I -- I know we've done it -- I get that report where you show where the
sidewalks are being done. I think it's very important if we can go back to the community and talk to the
Commissioner within the district to make sure that we select the sidewalks where it would be more
effective. Like the gentleman is talking about Northeast 2°a Avenue, and they have problems there. If we
have "X" amount of funds, they should be concentrated where they're going to make the major impact.
And to do that,.I think it would be very important to work with the Commissioner in the district and the
people in that district.
31 7/27/00
Commissioner Winton: And Commissioner, Mr. Chairman, I can tell you that the land area from the edge
of the street to the property line, which includes the sidewalk and the swale area along 2nd Avenue is just
awful. There isn't any place worse in the City of Miami that I've driven in where you've got a worse
condition for a major north/south thoroughfare, frankly, as the gentleman has said here. So I hope -- that
area really does need -- it's got to get on a priority list somewhere.
Vice Chairman Gort: Most of it falls within Public Works. And one think that I've been talking in here
for many years now is Solid Waste, when they pick up the trash, the cranes come all the way down, and
they dig those holes. And those holes are all over, and that looks for our City, looks terrible. Maybe
there's .a way when you're doing your sidewalks, and you can get together with Sanitation where you can
select in certain blocks where there is that big hole, it can be filled and maybe put some -- what do you
call -- you can't?
Mr. Gimenez: The problem with that is that when you put something hard so that you don't have the hole,
then you take away an area where actually water can percolate through and reduce the drainage problem.
So if you do that, you're actually increasing the problems with the drainage.
Vice Chairman Gort: You're talking about a ten -by -ten.
Mr. Jackson: Commissioners, we have tried --
Mr. Gimenez: Ten -by -ten in front of every house --
Vice Chairman Gort: No, no. I'm not saying in front of every house. I'm saying selective, because not in
front of every house they put that. But if you can talk to the people in the neighborhood and they can get
together, they can decide points within one block where that can be done, instead of having all of those
holes all over the place. Because these holes, believe me, I think -- and I don't want to put words in
anybody's -- but it could be a liability for the City.
Mr. Gimenez: Well, why don't we take a look at a different way of doing trash pickup.
Vice Chairman Gort: Yeah, whatever suggestions you can come up with, because those holes are getting
very deep.
Mr. Gimenez: But again, the question is, you know, what they may want in one neighborhood and what
somebody else has in another neighborhood is different. But then they may have somebody that wants to
be just like the.rest of the City. I want my trash picked up in front of my house. So we've talked about
that with Mr. Laraque, and there's some issues concerned with that.
Mr. Gimenez: All right.
Mr. Jackson: Commissioners, may I make a couple of points? We've tried a number of things on trash
holes to reduce the way that they're digging them. We've used lime rock, compacted lime rock and we've
use rubble. Mr. Laraque has made the point that compacted lime rock, yes, will affect the drainage for
that one point. But our objective is to try to reduce the damage that Solid Waste is doing to the sidewalks
and the swale area. On Northeast 2nd Avenue, now, Northeast 2nd Avenue is. a County road. The
32 7/27/00
•
rebuilding of Northeast 2nd is somewhere in the MPO (Metropolitan Planning Organization) process, and
that's not a City avenue. You're right; it does need to be replaced.
Vice Chairman Gort: Well, I'd like for you, if possible, in answering all his questions, when you do it in
writing, to do so and copy to the Commissioner in the district and to all of us. Because, I mean, on those
monthly reports that you all do on capital improvement I think is very important, because it shows where
the work is being done. At the same time, give .an opportunity to the people within the district and the
NET (Neighborhood Enhancement Team) office to let you know where the priorities of the sidewalk
should be. Thank you.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Mr. Laraque: Thank you.
Commissioner Teele: Thank you for your comments again. On the issue of Northeast 2nd Avenue, that is
a County road. It is before the MPO. It's on the MPO agenda, I think, again today. There are a number
of issues, but the drainage issue will be dealt with. One of the issues, of course, is whether it's going to be
a grand boulevard or just an extension of what it is now. To make it a grand boulevard means we're going
to wind up losing some businesses and some frontage on that, and that is something that you need to be
aware of, that we're going to be coming back to you on. I appreciate very much you and Father coming
down, and we want to pay close attention. The funding is already there. It's a question of the Manager
making the priorities and shifting priorities around. If he needs additional funding, he'll come back to us
with a specific project, and we'll advise you of that.
Mr. Laraque: Thank you very much. I appreciate that.
Mr. Gimenez: Commissioner, we've had meetings with Mr. Laraque, and we've developed a process
which I think will work and I think, you know, we'll work hard to resolve, you know, some of the major
issues in your community.
Mr. Laraque: Thank you.
Commissioner Teele: Thank you, Mr. Laraque.
Commissioner Sanchez: Thank you.
33 7/27/00
12. MANAGER TO REFER PROPOSAL CONCERNING THE JUMBO TRON BIG SCREEN
TELEVISION CONCEPT TO DIRECTOR OF DEPARTMENT OF PLANNING AND ZONING AND
TO BRING SAID ISSUE BACK IN FORM OF PROPOSAL FOR COMMISSION'S
CONSIDERATION.
Commissioner Sanchez: Moving to Item Number 7, a personal appearance before the City Commission in
order to discuss the jumbotron big screen television concept. Lucia, welcome.
Lucia Dougherty: Good morning, Mr. Vice Mayor and members of the Commission. Lucia Dougherty
with offices at 1221 Brickell Avenue, here today on behalf of Data Servicing, Inc. And with me is Larry
Casey. You know, your Zoning Ordinance was drafted at a time when many of the new technology had
not been contemplated. And my client has purchased a lease of the outside of a building in downtown
Miami and would like to put the technology that you see on the front of that cover. And every major city,
frankly, has these things. It's -- On the cover of that magazine you have, you see the Michael Graves
Building in Orlando, and you'll see one from the (unintelligible) in Las Vegas. And what we're asking
you to do is to refer this to the Planning Board for consideration of an ordinance that would permit this
sort of technology in downtown Miami.
Commissioner Sanchez: Thank you.
Commissioner Regalado: I'll move --
Commissioner Sanchez: Commissioner Regalado, you're recognized.
Commissioner Regalado: Yes. I think that what she is proposing is progress. And for the City to have
obstacles for people who want to do that, who -- and something that would serve everyone that is visiting
downtown Miami will be to go just against progress in downtown Miami. So I would ask -- First of all, I
would ask the City Attorney whether or not this has to go through the whole process, and how long would
that process take.
Alejandro Vilarello (City Attorney): Yes, it has to go to the process. Mr. Maxwell, can you explain the
amount of time.
Joel Maxwell (Assistant City Attorney): Commissioners, right now, the Zoning Ordinance doesn't allow
that type of use. So what you would need first is a determination from the Planning Director as to whether
or not the use can be implemented there and the process for doing so. At that point, it would be simply a
matter of review and permits. If a Code change is necessary, of course, you would have to go to the
Planning Advisory Board and then to the Commission. That could take a couple of months.
Ms. Dougherty: We are seeking a Code change. We know that this does not permit it now.
Mr. Maxwell: OK. Well then you could be looking at two to three months.
Commissioner Regalado: OK. The Planning Department -- Ana, don't you think that the Code of the
City and the planning ideas or strategies of the City should go along with the technology?
34 7/27/00
Ana Gelabert (Director, Planning and Zoning): Yes, yes, it should. On this one, what we would like to do
-- and the Planning Department saw a presentation on the big screen TV. But we would like to take the
opportunity of making sure that it doesn't -- where it's located. There's some safety issues, some static
issues that we would like to review. What we would be prepared to say is that probably by mid -fall; we
could bring some legislation over for you to take a look at to allow this. You know, if it's a statement of
"The City should go with the technology," yes. In some instances, "Where is this technology located?" to
make sure that it fits on the rest of the urban scene.
Commissioner Regalado: And like for instance, Times Square, New York, is safety an issue there?
Ms. Gelabert: With the Times Square, it's different. There is a worthy location, and the Planning
Department right now is working with that idea of Times Square. It's the exact location of where Times
Square is, and what does it do in an area. In doing some of the research that we've been doing, it is a
confined area where the signage is allowed, and it creates a certain district. We would like to work -- and
that's what we are working right now on -- on where would that happen. I think what Ms. Dougherty is
proposing is a different thing. It's something that might be like a -- it's a big screen TV that might be
located at specific buildings, not part of -- as a Times Square District.
Commissioner Regalado: No, no, but what I'm saying is -- and just a simple question -- If we go through
the process, the change in the Code would mean that you can do that everywhere?
Mr. Maxwell: Not necessarily, Commissioner, if I may.
Ms. Gelabert: Not really, no. What we would do -- and that's the opportunity that we would like to see --
where that big screen happens, it should be in certain particular zoning districts. I don't think it should be
Citywide. We would like to take a look at how far it might be from a public right-of-way, you know, the
aesthetics of it, how big, where it should be located. All those things should be part of the study. The
Times Square is a different -- it should be on a specific district. It should not be Citywide, either.
Mr. Maxwell: Commissioner, in addition to what the Planning Director is telling you, there are additional
concerns, depending on where you'd want to place it. Excuse me. Along certain highways, you're going
to fall into the jurisdiction of the state. For instance, along Biscayne Boulevard, where we had the Times
Square issue, it's prohibited, because that's a federal highway, and they don't allow signs above a certain
size or signs closer to one another than a certain number of feet. You're going to have that same issue on
jumbotrons, depending on the size of those signs, and also depending on the nature of the media that it
addresses, once you get into commercial messages and so forth. The state is going to take a look at that,
depending on where the sign is, how it's positioned and so forth. So even though the City may pass
certain legislation, we're going to have to keep in mind state and federal regulations that may also come
into play.
Commissioner Regalado: Yeah, but I'm concerned about -- What you're saying is that that change cannot
be implemented Citywide. And the change in the Code to allow this kind of TV, giant --
Mr. Maxwell: No, sir, no, sir. I'm not saying categorically that we can't.
35 7/27/00
Commissioner Regalado: Oh, OK. That was my question, because I understand that the decision has to
be made in what place, if that exact place falls. But to exclude part of the City for a possible use of that
will be wrong. So the change of Code should be to allow that kind of TV screen Citywide, subjected to
the different scenarios in terms of safety, in terms of that.
Mr. Maxwell: Yes, sir. You're --
Commissioner Regalado: Because I understood that it was not to be implemented Citywide.
Mr. Maxwell: I think the Planning Department, the Planning Director is telling you as a matter of her
personal expertise and recommendations, they would have a concern as to a blanket -- you know, allowing
it Citywide that way. But it would be subject to those recommendations.
Commissioner Regalado: I'm not saying a blanket. I'm saying Citywide, subjected to the different --
Commissioner Winton: Which can happen, yes.
Mr. Maxwell: Yes.
Commissioner Teele: Hold on. I just want to get into this. The Times Square Project that I've asked the
staff on, which staff has been working with me is totally separate from this. I want to be very clear,
because I can tell you where you're getting ready to go. You're getting ready to go right down a railroad
track that's going to get the whole train derailed. The Times Square Project ordinance that I proposed,
that you all threw out and said it was wrong, it was too broad was only going to be in Park West. They
said, it's too big, you cannot do that, we don't professionally recommend it. In all of New York City,
which has 15,000,000 people, Times Square is limited to three blocks. Is that right? And we -- and they
said to me, your recommendation, we will consider it, but the way you've gone about it is too broad for all
of Park West. It's got to be very narrow. And then they got into a whole lot of other things. I don't want
whatever they're talking about now linked to Times Square, because I can tell you this: Anybody who
wants to do an ordinance Citywide is free to do it, free to staff it, but please don't tie that to Times Square,
because what I've asked them to do is three things: Number one, take my recommendation, put it in the
trashcan; and start over and give me a professional staff recommendation, which they did with quick
dispatch. They were pleased to do that. I had it down Biscayne Boulevard, if you'll recall, right off of
Biscayne. They said it cannot be done down Biscayne Boulevard for 18 different reasons, which I said,
fine. OK? They then -- I asked them to then study in detail the physics, the mechanical as well as the
architectural issues associated with Times Square in New York. And it is a convoluted, complicated piece
of legislation that creates this Times Square concept, and they are working that through. Then you've got
a series of State regulations and Federal regulations, which require even greater restriction. And I can tell
you right now, at the end of the day, what she's proposing is not going to happen if it's going to be along
Biscayne Boulevard, if it's going to be Citywide. It's just not going to happen, because there's a series of
Lady Bird Johnson legislations, and interlocal agreements signed by the Governor. And I looked at those
agreements. They go all the way back to '72, '74 that have been signed by the Governor on behalf of all
of the municipalities and counties that relate to this legislation as a condition of getting Highway Trust
Fund dollars. And so the only thing that I'm saying is, I don't have any problems with this concept. I
don't have any problems doing this Citywide to the extent it's allowable. But what I don't want this to be
is a discussion on Times Square, because the way we're going to try to do Times Square is we're going to
36 7/27/00
do it the right way. We're going to do it so that it will be approved by the Florida DOT (Department of
Transportation) and approved within the area. And what Times Square is, is not about one screen. Times
Square is a media bulletin board. And that's not what she's talking about at all. She's talking about a
screen. So I just want to make sure that we get a big, wide separation between this concept and the Times
Square, which is a part of the redevelopment activities to bring people to Park West that we're looking at.
I don't think they envisioned this being a destination. We envision Times Square becoming the new hot
destination in Park West and the Overtown area. So that's the thing that I just wanted to put on the record,
because the discussion keeps going back to Times Square and what Times Square needs to be Citywide.
Times Square cannot be Citywide. Quite candidly, I think you're going to have any problems as long as
you're within 400, 600 feet of U.S. 1 or 95. But that's something that the landowners can fight better than
we can. But I'm prepared to support it as it is, because I do think that the rules that were drafted did not
contemplate the technology as to where we are today. And I think having screens on TV -- and I can tell
you this. We approved -- Who is your client?
Ms. Dougherty: Data Servicing, Inc. Larry Casey.
Commissioner Teele: But you're not representing a developer, are you? A developer/builder right now?
Ms. Dougherty: No.
Commissioner Teele: We approved a building. I can tell you right now that the architect designed that
building -- never said a word here -- but that building was designed with a big screen in mind. And it's in
your district, Commissioner Winton. And I told them to make sure they let you know about it, because I
think it's very important that we know what we're doing here. .
Board Member Regalado: And the reason I mentioned just Times Square is I mentioned New York,
because it doesn't have to do anything with Times Square, our Times Square. I mentioned New York for
the big screen, the Times Square in New York and in other places in New York. Wall Street, you will find
these huge screens. You find it also in Paris. You find it also in Chicago. It's any major City. And that
was my mention of Times Square.
Vice Chairman Gort: Gentlemen, I think the motion should be extended to Planning, let them come back
with the proposal. Commissioner Winton.
Commissioner Winton: I agree with that 100 percent. I think that there are other issues. You have to
determine the appropriateness relative to location. You don't -- Neighbors are going to raise holy heck if
it's -- if we don't have the appropriate locational controls tied to the concept. I think the concept is
outstanding. I mean, it's the kind of exciting stuff we want to see in our City. But the Planning
Department is the appropriate place to figure this stuff out and bring a proposal to us.
Vice Chairman Gort: So in doing so, I think you should make sure that whenever you select areas you
think it should go up, if there are certain authorities or committees, they should look at it, also, because I
don't want you to come up with something and then -- like for the Downtown Development Authority --
without consulting the DDA. OK?
Commissioner Winton: Or the (inaudible).
37 7/27/00
Ms. Gelabert: We will include them.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: It's my understanding now, my understanding is that we do not have any
regulations pertaining to this.
Ms. Gelabert: No, we don't have.
Commissioner Sanchez: We have none. So what we need to do is have you, Planning and Zoning create
regulations to later on create legislation to see if it flies or not. So therefore, I move that this be directed to
the Planning and Zoning Department for recommendations and regulations applied. So move.
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 it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-656
A MOTION INSTRUCTING THE CITY MANAGER TO REFER
AGENDA ITEM 7 (PROPOSAL CONCERNING THE JUMBOTRON
BIG SCREEN TELEVISION CONCEPT) TO THE DIRECTOR OF THE
DEPARTMENT OF PLANNING AND ZONING; FURTHER
INSTRUCTING THE MANAGER TO BRING SAID ISSUE BACK IN
THE FORM OF A PROPOSAL FOR THE CITY COMMISSION'S
CONSIDERATION AND REVIEW.
38 7/27/00
U
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
39 7/27/00
13. COMMENTS REGARDING PROPOSED CHARTER AMENDMENTS (SUPPLEMENTAL
ITEMS) (See #44, #52 and #93).
Commissioner Teele: Mr. Chairman, to the Planning Director. Mr. Chairman, we did set an item this
morning, I think, for 10 o'clock. Is that right? On the Off -Street Parking this morning? Was it 10 or 11?
Do you remember the last time we --
Vice Chairman Gort: No. My understanding is it was supposed to be right after -- the Mayor asked for it
to be taken afterwards.
Commissioner Teele: Afterwards, what?
Vice Chairman Gort: This afternoon, yeah.
Carlos Gimenez (City Manager): The Mayor requested that this be taken up after lunch.
Commissioner Teele: All right. Well, OK.
40 7/27/00
14. DEFERRED: MS. SHAUNDA HAYES, OF SHAUNDA'S HAIR & NAIL STUDIO, INC., TO
ADDRESS COMMISSION TO REQUEST A MORATORIUM OF SIX MONTHS ON PAYMENT
PLAN FOR PAST DUE REVOCABLE LICENSE FEES.
Vice Chairman Gort: Item 8, personal appearance by Shaunda Hayes.
Lori Billberry (Director, Asset Management): If I may, Lori Billberry, Director of Asset Management.
We had asked Ms. Hayes -- she had requested an appearance before the Commission. The City has
already declared her in default for non-payment of rent. She asked for a deferral, though, from today to
the September agenda. I don't have a problem with that, subject to her paying in full her August and
September rent in the meantime. And if she doesn't, then the Manager would be authorized to go ahead
and terminate the license and retake possession.
Vice Chairman Gort: OK, thank you.
Commissioner Regalado: Mr. chairman, just a question. Didn't she -- she had an operation. That's the
fax that she sent, that she -- She was told some date, and another date, and then she had to go into surgery,
and she's claiming health reasons. That's the fax that I have.
Ms. Billberry: And that's why we do not have an objection to the deferral. But we still would not want
her to become further delinquent in rent, and that's why we would want that she pay August and
September, until she has the opportunity to appear before you.
Vice Chairman Gort: Thank you.
41 7/27/00
Vice Chairman Gort: Eight "A." Emergency ordinance amending Section 40-202,
Firefighters and Police Officers retire to FIFO (Firefighters' and Police Officers'
Retirement Trust).
Ms. Sue Weller: Good morning.
Vice Chairman Gort: ,Good morning.
Ms. Weller: Sue Weller, Labor Relations Officer. The emergency ordinance before you
amends the FIPO Pension Ordinance, which would bring it into compliance with Florida
Statutes, which were recently amended, allowing for the credit of up to five years of
military service and, also, upon the death of a retiree, prior to receiving their benefits for
a period of ten years, would allow those benefits to continue to the beneficiary for the
remainder of that ten-year period. There is also further language deleting — actually,
further deleting language which would prevent periods of disability, retirement from
counting towards pension accrued should an individual be rehired. Now, I do need to
point out that there are some corrections that need to be made to the ordinance. On pages
three, five, six, eight and nine, the language that states "Effective as of December 31St,
1999," will instead state "On or after December 31St, 1999." And on pages six and eight,
for a period of ten years, will be inserted "After normal retirement age." We also have an
actuarial impact statement for these changes, which reflect a cost of eighty thousand five
hundred and six dollars ($80,506), which the one seventy-five and the one eighty-five
plans will pay.
Vice Chairman Gort: Will reimburse. Yes, sir. OK. What was the other companion
item?
Mr. Tony Rodriguez: Tony Rodriguez, Miami FOP (Fraternal Order of Police). If you
would, Commissioners, once you do this one, 25-A is related. So, if you could take that
up, we'd appreciate it.
Vice Chairman Gort: Any particular reason why we should consider 25-A?
Commissioner Teele: I have -- opposition to that. I'm all right with the...
Vice Chairman Gort: I have to check on this.
Mr. Rodriguez: Don't worry. He's probably got one before you.
Vice Chairman Gort: OK. Twenty-five "A."
42 July 27, 2000
Commissioner Teele: So moved, Mr. Chairman.
Mr. Rodriguez: Thank you Commissioner.
Vice Chairman Gort: We're moving on 8A. A motion on 8A.
Mr. Alejandro Vilarello (City Attorney): On an ordinance.
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: The ordinance, read it.
Commissioner Sanchez: Second. Just for the record, there's no additional costs to the
City?
Vice Chairman Gort: No.
Ms. Weller: No, sir. The one thirty-five and one eighty-five will pay that.
Commissioner Sanchez: Second.
Ms. Weller: Item 25-A...
Mr. Vilarello: Do you want me to read the ordinance?
Vice Chairman Gort: Let's...
Commissioner Teele: Read the ordinance.
[At this point, the City Attorney read the ordinance into the public record.]
Mr. Vilarello: And, for the record, there was a modification on the caption that I just read
from what was distributed in your plan, and it related to the effective date.
Commissioner Teele: Amendment.
Vice Chairman Gort: OK.
Mr. Vilarello: No. I read it — it's actually, in fact, as Ms. Weller had...
Commissioner Teele: I'd like to offer an amendment. You said for how many years?
Did you say five?
Ms. Weller: Military service is five.
43 July 27, 2000
Mr. Vilarello: Up to five years of active service credit for military service.
Commissioner Teele: - And how many years do you have to be an officer?
How many years do you have to be in the service of the City?
Vice Chairman Gort: You get the credit right away, is my understanding.
Mr. Tom Gabriel: Tom Gabriel, Local 587. What this — this particular aspect of the state
law says that, if somebody leaves, yanked out of service, say in a Gulf War situation,
either they're in the service of the City of Miami and they're pulled from service, that
those individuals could be literally gone for five years in case of a national war and come
back and they would have to be given credit for that service. So, it's not an additional
cost for any extra dollars.
Vice Chairman Gort: In other words, instead of serving — they're serving the City by
serving the country, so...
Commissioner Sanchez: They get credit, yes.
Vice Chairman Gort: And they get credit for it
Commissioner Teele: So, in other words, by serving the City — in other words, if you
were elected Mayor or something like that, would that also apply?
Mr. Gabriel: If you're asking if your military time would count, I'm not sure.
Vice Chairman Gort: OK.
Commissioner Sanchez: Call the question.
Vice Chairman Gort: Call the roll.
44 July 27, 2000
An Ordinance entitled —
ORDINANCE NO. 11944
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMNEDING CHAPTER 40/ ARTICLE IV/ DIVISION
2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "PERSONAL, PENSION AND RETIREMENT
PLAN, CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST ("FIPO), "THEREBY COMPPLYING WITH
CHAPTERS 175 AND 185, FLORIDA STATUTES (SUPP. 1999), TO
PROVIDE, EFFECTIVE ON OR AFTER DECEMBER 31, 1999,
ELIGIBLE MEMBERS OR THEIR BENEFICIARIES FOR A PERIOD
OF TEN YEARS; FURTHER DELETING PROVISIONS RELATED TO
CREDIT FOR DISABLITY RETIREMENT UPON RESTORATION OF
BENEFICIARY TO SERVICE; MORE PARTICULARLY BY
AMNEDING SECTIONS 40-202 AND 40-203 OF SAID CODE;
CONTAING A REPEALER PROVISION AND A SEVERABILTY
CLAUSE; AND 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
45 July 27, 2000
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 Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11944.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public
Commissioner Teele: Why does this have to be an emergency, now that we've passed it?
It's been passed.
Mr. Gabriel: Tom Gabriel, Local 587. Yes. The reason for an emergency is, the state
had asked us to be in compliance. It actually should have been in compliance since '99.
With you folks going on hiatus for a month, the state is holding up some checks for the
one-seven-five/one-eight-five until they do come in compliance.
Commissioner Teele: Thank you very much.
46 July 27, 2000
• 0
Vice Chairman Gort: OK. Twenty-five "A." My understanding is...
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Any further discussion?
Commissioner Sanchez: Also, no additional costs to the City, for the record.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: It's a resolution, right? It's not an ordinance. Right.
Mr. Rodriguez: Thank you.
Vice Chairman Gort: Thank you.
47 July 27, 2000
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-657
A RESOLUTION OF THE MIAMI CITY COMMISSION
ESTABLISHING THE EXCESS BENEFIT PLAN TO ALLOW
ELIGIBLE MEMBERS OF THE CITY OF MIAMI
FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT
TRUST ("FIPO") AND CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST ("GESE") TO CONTINUE TO
RECEIVE THOSE RETIREMENT BENEFITS TO WHICH
THEY ARE ENTITLED PURSUANT TO THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH
BENEFITS WOULD OTHERWISE BE LIMITED BY THE
PROVISIONS CONTAINED IN SECTION 415 OF THE
INTERNAL REVENUE CODE; PROVIDING FOR PAYMENT
OF SAID BENEFITS; AND FURTHER APPOINTING A
COMMITTEE TO ADMINISTER SAID PLAN.
(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
Mr. Tony Rodriguez: Thank you, Commissioners.
Vice Chairman Gort: Thank you.
48 July 27, 2000
17. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED
"VIRGINIA KEY NATURE TRAIL DEVELOPMENT FUND"; $79,873, CONSISTING OF GRANT
APPORTIONED BY THE SOUTH FLORIDA COMMUNITY URBAN RESOURCES PARTNERSHIP
("SFCURP") FROM U.S. DEPARTMENT OF AGRICULTURE, NATURAL RESOURCES AND
CONSERVATION SERVICE, $19,973, AND IN-KIND MATCHING FUNDS, $59,900, FROM
DEPARTMENT OF PARKS AND RECREATION GENERAL OPERATING BUDGET. .
Vice Chairman Gort: Item 9. An ordinance accepting the Virginia Key grant of nineteen thousand dollars
($19,000).
Commissioner Winton: So move.
Commissioner Sanchez: Second.
Vice Chairman Gort: Moved and seconded. Discussion? Being none, all in favor, state it by saying
aye.99
The Commission (Collectively): Aye.
Vice Chairman Gort: Item 10 has been deferred. Item 11.
Walter Foeman (City Clerk): Nine is an ordinance.
Commissioner Teele: Nine is an ordinance.
Vice Chairman Gort: Nine is an ordinance? Sorry. Read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
49 7/27/00
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED
"VIRGINIA KEY NATURE TRAIL DEVELOPMENT FUND";
APPROPRIATING FUNDS FOR SAID PROJECT IN THE AMOUNT.
OF $79,873, CONSISTING OF A GRANT APPORTIONED BY THE
SOUTH FLORIDA COMMUNITY URBAN RESOURCES
PARTNERSHIP ("SFCURP") FROM THE U.S. DEPARTMENT OF
AGRICULTURE, NATURAL RESOURCES AND CONSERVATION
SERVICE, IN THE AMOUNT OF $19,973, AND IN-KIND
MATCHING FUNDS, IN THE AMOUNT OF $59,900, FROM THE
DEPARTMENT OF PARKS AND RECREATION GENERAL
OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AND EXECUTE THE NECESSARY
DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE SOUTH FLORIDA COMMUNITY URBAN
RESOURCES PARTNERSHIP, ADMINISTRATOR OF SAID GRANT;
CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES: 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: Second roll call?
Commissioner Sanchez: No.
Mr. Foeman: It's a first reading.
50 7/27/00
• 0
18. EMERGENCY ORDINANCE: AMEND SECTION 22-12 OF CITY CODE INCREASING
SOLID WASTE FEE FROM $234 TO $325 FOR FY 2000-2001.
Commissioner Teele: What about 8-A -- 8-B? You all skipped that.
Vice Chainnan Gort: I don't have an 8-B.
Commissioner Sanchez: I don't have an 8-B.
Commissioner Teele: Eight -B is an emergency ordinance.
Alejandro Vilarello (City Attorney): Amending the Code with regard to the increase in solid waste fees.
Vice Chairman Gort: Read it. Sorry, didn't see that one.
Mr. Vilarello: You have a motion and a second?
Commissioner Teele: Moved by Teele.
Vice Chairman Gort: Second.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Walter Foeman (City Clerk): Roll call.
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING SECTION 22-12 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY
INCREASING THE SOLID WASTE FEE FROM $234 TO $325 FOR
FY 2000-2001; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
51 7/27/00
was introduced by Commissioner Teele and seconded by Vice Chairman Gort, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Tomas Regalado
ABSENT: None
Whereupon, the commission on motion of Commissioner Teele and seconded by Vice Chairman Gort,
adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Tomas Regalado
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11945.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Gort: Thank you.
52 7/27/00
19. AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO AGREEMENT WITH
MUNICIPAL CODE CORPORATION FOR PROVISION OF ADDITIONAL OPTIONAL SERVICES
ON AN AS -NEEDED BASIS, RELATED TO CODIFICATION, SUPPLEMENTATION, AND
REPUBLICATION OF CHARTER AND CODE OF CITY AND COMPREHENSIVE ZONING
ORDINANCE NO. 11000, FOR OFFICE OF THE CITY CLERK; ALLOCATING FUNDS FROM
FISCAL YEAR 1.999-2000 BUDGETED FUNDS OF VARIOUS USER DEPARTMENTS.
Vice Chairman Gort: Item 11. Amend Municipal Code contract to provide for certain optimal ancillary
services.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort:.Any discussion? All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-658
A RESOLUTION OF THE MIAMI CITY COMMISSION,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH MUNICIPAL CODE
CORPORATION, FOR THE PROVISION OF ADDITIONAL
OPTIONAL SERVICES ON AN AS -NEEDED BASIS, RELATED TO
THE CODIFICATION, SUPPLEMENTATION, AND
REPUBLICATION OF THE CHARTER AND CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AND THE COMPREHENSIVE
ZONING ORDINANCE NO. 11000, AS AMENDED FOR THE OFFICE
OF THE CITY CLERK; ALLOCATING FUNDS THEREFOR FROM
THE FISCAL YEAR 1999-2000 BUDGETED FUNDS OF VARIOUS
USER DEPARTMENTS FOR SAID PURPOSE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
53 7/27/00
•
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
54 7/27/00
9
20. AUTHORIZE MANAGER TO EXECUTE REVOCABLE LICENSE
AGREEMENT WITH HYATT EQUITIES, L.L.C., FOR USE OF PATIO AREA
ADJACENT TO RESTAURANT SPACE AT HYATT HOTEL, LOCATED AT 400
SOUTHEAST 2ND AVENUE, FOR PURPOSE OF EXTENDING RESTAURANT
SERVICES TO PATIO AREA.
Vice Chairman Gort: Item 12, a resolution authorizing to grant a revocable license to
Hyatt Equities, L.L.C. for the use of the patio area adjacent to the restaurant space.
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its
adoption:
RESOLUTION NO. 00-659
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A REVOCABLE LICENSE AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
WITH HYATT EQUITIES, L.L.C. (THE "LICENSEE") FOR THE USE
OF THE PATIO AREA ADJACENT TO THE RESTAURANT SPACE
AT THE HYATT HOTEL, LOCATED AT 400 SOUTHEAST 2"
AVENUE, MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY
1,100 SQUARE FEET, FOR THE PURPOSE OF EXTENDING THE
RESTAURANT SERVICES TO THE PATIO AREA, WITH TERMS
AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID
AGREEMENT.
(Here follows body of the resolution, omitted here and on file in the Office of the City C
55 7/27/00
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.
56 7/27/00
u
21. WITHDRAWN (PROPOSED RATIFYING AND CONFIRMING OF MANAGER'S FINDING
OF EMERGENCY, INCREASING EXISTING CONTRACT AND APPROVING ADDITIONAL
SERVICES FOR REPAIRS AT MIAMARINA AT BAYSIDE FOR DEPARTMENT OF PUBLIC
WORKS FROM FLORIDA LEMARK CORP., $19,984.11).
Carlos Gimenez (City Manager): Mr. Chairman, we'd like to pull item 13. We have some funding issues
we have to take up. I'm sorry; it's going to be 13-A. We need to pull 13-A.
Note for the Record: At this point, consideration of agenda item 13-A was deferred.
57 7/27/00
22. ACCEPT BID OF SUPERIOR LANDSCAPING FOR PROVISION OF LAWN
MAINTENANCE SERVICES AT COCONUT GROVE CONVENTION CENTER AND DINNER KEY
MARINA, FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES,
$20,388; ALLOCATING FUNDS FROM OPERATING BUDGETS OF COCONUT GROVE
CONVENTION CENTER, $12,878.04 AND DINNER KEY MARINA $7,509.96:
Vice Chairman Gort: Item 13
Commissioner Sanchez: So move.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Any discussion? Being none, all in favor, state it by saying
aye. f)
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-660
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF SUPERIOR LANDSCAPING FOR THE PROVISION OF
LAWN MAINTENANCE SERVICES AT THE COCONUT GROVE
CONVENTION CENTER AND THE DINNER KEY MARINA, FOR
THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND
PUBLIC FACILITIES, PURSUANT TO INVITATION FOR BIDS NO.
99-00-059, ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE
OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR
PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $20,388;
ALLOCATING FUNDS THEREFOR FROM THE OPERATING
BUDGETS OF COCONUT GROVE CONVENTION CENTER,
ACCOUNT NO. 415000.350201.340, IN THE AMOUNT OF $12,878.04
AND THE DINNER KEY MARINA. ACCOUNT NO.
414000.350506.340, IN THE AMOUNT OF $7,509.96.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
58 7/27/00
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: Thirteen -A has been removed.
Commissioner Sanchez: Deferred. Has it been deferred or--?
Vice Chairman Gort: Deferred.
59 7/27/00
23. APPROVE ACQUISITION OF TIRE RETREADING AND REPAIR SERVICES FOR
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FOR TERM ENDING MAY 31,
2001, $50,000, FROM FEDAN CORPORATION UNDER EXISTING MIAMI -DADS COUNTY
CONTRACT.
Vice Chairman Gort: Item 14, purchase of tires retreading and repair services.
Commissioner Teele: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-661
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE ACQUISITION OF TIRE RETREADING AND REPAIR
SERVICES FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION FOR A TERM ENDING MAY 31, 2001, IN AN
AMOUNT NOT TO EXCEED $50,000, FROM FEDAN
CORPORATION, UNDER EXISTING MIAMI-DADE COUNTY
CONTRACT NO. 6164 -00/01 -CW, AND ANY EXTENSIONS
THERETO, WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT
NOT TO EXCEED $50,000; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 509000.420901.6.721 FOR SAID
SERVICES.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
60 7/27/00
•
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
61 7/27/00
0
24. AMEND RESOLUTION NO. 98-1118 WHICH APPROVED PROCUREMENT OF GAS AND
DIESEL FUEL ON A SPOT MARKET BASIS FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION FROM VARIOUS VENDORS UNDER MIAMI -DARE COUNTY CONTRACT,
ON A CONTRACT BASIS, EFFECTIVE UNTIL JULY 31;, 2003, THEREBY: (1) INCREASING
COSTS FOR SAID PROCUREMENT FROM $660,116 TO $1,100,000 ANNUALLY AND (2)
AUTHORIZING EXTENSIONS TO CONTRACT, SUBJECT TO, EXTENSIONS BY MIAMI-DADE
COUNTY; ALLOCATE FUNDS, $439,884 ANNUALLY, FROM DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION HEAVY EQUIPMENT GARAGE:
Vice Chairman Gort: Item 15, a resolution authorizing a contract to increase, gasoline and diesel fuel.
Commissioner Winton: So move.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Discussion.
Commissioner Teele: Question.
Vice Chairman Gort: Question.
Commissioner Teele: How much are we paying for gas?
Lourdes Lopez (Assistant to Director, GSA): Right now we're paying for gas, per gallon, one point --
Lourdes Lopez, GSA (General Services Administration), for the record. Price per gallon, one point thirty-
three. And that's for gasoline.
Commissioner Teele: A dollar thirty-three cents ($1.33)?
Ms. Lopez: That's for gasoline. For diesel, we're paying one point -o -nine.
Commissioner Teele: Is that the County contract? You're buying off the County or is that spot?
Ms. Lopez: Yes, it is the County contract.
Commissioner Teele: This is the County contract, right?
Vice Chairman Gort: Right.
Commissioner Teele: So how much is the County marking it up? Just know that they are.
Ms. Lopez: Let me see.
62 7/27/00
0
Frank Rollason (Assistant City Manager -Operations): This is Frank Rollason, Assistant City Manager.
We're not -- this is not the fuel that we're getting at the County facility. This is the fuel that we're buying
off the County contract, the same --
Commissioner Teele: Oh. So you're buying off the County contract.
Mr. Rollason: Right. We buy off the County. The other one is the one you're talking about.
Commissioner Teele: Right. Do you know how much we're paying at the pump?
Mr. Rollason: We're paying --
Commissioner Teele: GSA. GSA to GSA.
Mr. Rollason: I can get that. I can get that.
Commissioner Teele: I think they have -- what do they have? -- about a 15 percent surcharge on it?
Mr. Rollason: It was up to about 19 percent at one time. I don't know what it is now.
Commissioner Teele: You know, I just pointed out that the County does an outstanding job in running
their activities to make a profit for them, you know, by charging municipalities and everyone else. I just
think it's very constructive, and it's a very good service that they provide, as well, no question.
Commissioner Winton: Well, is it an economical service?
Commissioner Teele: Well, if you go buy it from your friendly Amoco, or Gulf or whatever, Mobil,
you're going to be paying at least a buck and sixty, a buck fifty.
Commissioner Winton: He said we're paying what?
Commissioner Teele: One thirty-three.
Commissioner Winton: Oh.
Commissioner Sanchez: One -o -nine for diesel.
Commissioner Winton: And that includes the surcharge?
Commissioner Sanchez: And one -o -nine for diesel.
Commissioner Teele: No. Actually, this does not include the surcharge, because what they're doing now
is they're purchasing off the County contract.
63 7/27/00
0 •
Mr. Rollason: Right. This fuel is used to fill our tanks that we keep at the fire stations and at the central
motor pools, that type of thing.
Commissioner Teele: Solid waste and --
Mr. Rollason: The motor pool fuel that the Commissioner is talking about is when we use our County
cards, and we go and we purchase off site. That surcharge that is added there helps us from the standpoint
that we don't have the maintenance and the DERM (Department of Environmental Resource
Management) and EPA (Environmental Protection Agency) problems with those tanks that the County
absorbs.
Commissioner Teele: Those folks down in Homestead still have a lock on that? Is it still coming from
Homestead?
Mr. Rollason: No, I don't think so. I think it's coming up from Port Everglades.
Commissioner Teele: Port Everglades?
Commissioner Regalado: A question.
Vice Chairman Gort: Mr. Manager, one of the things we need to do that's also our policy, I've seen in the
last -- especially now that it's very hot -- I've seen a lot of our cars with the air conditioning running and
the motors running, and nobody inside. They're having coffee or eating in an establishment, or visiting an
establishment. I can see it where there's a K-9, where there's a dog inside. I can see that take place. But
somehow, we have to -- because if I see it, everybody sees it, and it's a waste.
Carlos Gimenez (City Manager): I'll speak to the Police Chief about it and make sure that they stop that
practice.
Vice Chairman Gort: Thank you. OK. I have a motion and a second. All in favor state it by saying
LG 9)
aye.
The Commission (Collectively): Aye.
64 7/27/00
• 0
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-662
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 98-1118 WHICH APPROVED THE
PROCUREMENT OF GASOLINE AND DIESEL FUEL ON A SPOT
MARKET BASIS FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION FROM VARIOUS VENDORS ON A
CONTRACT BASIS, UNDER MIAMI-DADE COUNTY CONTRACT
NO. 3143 -0/03 -SW, EFFECTIVE UNTIL JULY 31, 2003, THEREBY:
(1) INCREASING THE COSTS FOR SAID PROCUREMENT FROM
$660,116 TO $1,100,000 ANNUALLY AND (2) AUTHORIZING
EXTENSIONS TO THE CONTRACT, SUBJECT TO ANY
EXTENSIONS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $439,884
ANNUALLY FROM THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION HEAVY EQUIPMENT GARAGE, ACCOUNT
CODE NO. 509000.420901.6.715 FOR SAID INCREASE, SUBJECT TO
THE AVAILABILITY OF FUNDS.
(Here follows body of the 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
65 7/27/00
0
25. ACCEPT BID OF EDFM CORPORATION FOR PROJECT ENTITLED "EDISON STREET
REBUILDING/IMPACT FEE PROJECT, B-4621," ALLOCATING FUNDS AS APPROPRIATED BY
APPROPRIATIONS ORDINANCE NO. 11705, TOTAL ESTIMATED COST OF $43,343.
Vice Chairman Gort: Item 16, a resolution awarding contract for Edison street improvement impact fee.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved.
Commissioner Teele: Second.
Vice Chairman Gort: Second. Any further discussion? All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-663
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF EDFM CORPORATION FOR THE PROJECT ENTITLED
` EDISON STREET REBUILDING/IMPACT FEE PROJECT B-4621,"
IN THE AMOUNT OF $39,620; ALLOCATING FUNDS THEREFOR
FROM PROJECT NO. 341195, AS APPROPRIATED BY
APPROPRIATIONS ORDINANCE NO. 11705, AS AMENDED, IN
THE AMOUNT OF $39,620 TO COVER THE CONTRACT COST AND
$3,723 TO COVER THE ESTIMATED EXPENSES, FOR A TOTAL
ESTIMATED COST OF $43,343, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
66 7/27/00
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
67 7/27/00
26. AUTHORIZE ALLOCATION OF $500,000 FOR SPECIAL OVERTIME PAY TO CONDUCT
VEHICLE IMPOUNDMENT PROGRAM STING OPERATIONS; ALLOCATING FUNDS FROM
LAW ENFORCEMENT TRUST FUND.
Vice Chairman Gort: Proposed resolution. Special overtime to conduct vehicle impoundment program
sting operations. This is five hundred thousand dollars ($500,000) that was given to these individuals.
My understanding is they produce over two million dollars ($2,000,000) with this.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-664
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF FUNDS IN AN AMOUNT
NOT TO EXCEED $500,000 FOR SPECIAL OVERTIME PAY TO
CONDUCT VEHICLE IMPOUNDMENT PROGRAM STING
OPERATIONS; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NOS. 690002 AND
690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY
THE CHIEF OF POLICE AS COMPLYING WITH THE
DEPARTMENT OF THE TREASURY AND JUSTICE'S "GUIDE TO
EQUITABLE SHARING" AND SECTION 932.7055, FLORIDA
STATUTES.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
68 7/27/00
•
CJ
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
69 7/27/00
27. AUTHORIZE MANAGER TO EXECUTE AMENDMENT NUMBER 3 TO MANAGEMENT
AGREEMENT FOR MELREESE GOLF COURSE BETWEEN CITY AND BUNKERS OF MIAMI
FOR PURPOSE OF GRANTING EXTENSION OF EIGHT MONTHS FROM DATE .COMMISSION
APPROVES "SPECIAL EXCEPTION," BUT NO LATER THAN ONE YEAR AFTER EXECUTION
OF AMENDMENT NUMBER 3; OBTAIN ALL PERMITS,, AND COMPLETE CONSTRUCTION OF
NEW CLUBHOUSE AND ALLOW BUNKERS OF MIAMI TO CHANGE FROM FISCAL YEAR TO
CALENDAR YEAR, COMMENCING WITH YEAR 2000 (See #58).
Vice Chain -nail Gort: Nineteen, amendment to the Melreese Management Agreement. Lori.
Commissioner Sanchez: This is just an extension?
Lori Billberry (Director, Asset Management): This .is an extension of the construction time line to be
eight months from issuance of a special exception which will be before you tonight at the PZ Agenda. It
also adjusts the reporting of their financial obligations from a fiscal year basis to a calendar year basis.
And it provides for submission of un -audited financial statements for year to date when we're doing their
budget review. But it also provides for audited financial statements to be done within 90 days of the end
of the calendar year.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Sanchez: If I may, I have some questions.. It's not only pertaining to this issue, but I see a
trend of a lot of these contracts agreed upon the City and these organizations that somehow tend to be
caught up always in litigation. And we have -- we don't have one too far away. The marina is one of
them that got tied up in litigation. This continues, also, to be in litigation out there. And I just -- I just
need, for myself, to obtain the information and clarify some things. Why are most of these contracts that
we agree upon, acting in good faith, as we should, as the legislative body with the joint venture on the
outside end up in litigation? What seems to be the problem? Are the contracts not well written? Are
there disagreements from the beginning, and then at the end, they end up being in litigation? And now it's
-- let me just enlighten you a little. We're talking about -- there's litigation on this process, right?
Alejandro Vilarello (City Attorney): It has to do with the construction of the golf course. It's unrelated to
this particular agreement.
Commissioner Sanchez: No, but it pertains to Melreese.
Mr. Vilarello: But it's related to this -- sure.
Commissioner Sanchez: I'm willing to move this. All that I wanted is information of why is it in the past,
every contract that was agreed between the City -- not every one but most of them -- ends up in litigation?
I mean, I think that we maybe have moved out of that where we are crossing all the "T's" and dotting all
the "I's" to make sure that we don't come back, because in the long run, it ends up costing the. City money
in litigation. Did I make my point clear, I mean?
70 7/27/00
Mr. Vilarello: I guess I can discuss with you the individual cases that you're mentioning. With regard to
this particular relationship, I think this was brought forward by the administration to address some
concerns about the increased size of the clubhouse and some other problems that they've had with regard
to administration. And I can talk to you about the constriction litigation that arises, and I'd rather do that
privately.
Commissioner Sanchez: Yes. And I suggest we do that.
Vice Chairman Gort: My understanding is --
Mr. Vilarello: As far as other contracts, I'm not sure which ones --
Vice Chairman Gort: You should put him up to date, but I think Commissioner Sanchez is making a good
point. A lot of times, we award contracts or we award bids according to the proposal that comes in front
of us. And we approve it with a certain amount of time, with certain funds, and certain things that are
committed to do. And staff and ourselves, we take that word, and that's why we approve it. And then
they start deviating from it. I think somehow, we have to make sure within our contract if they cannot
comply with everything that is committed, let's eliminate it and get somebody else. Thank you. I have a
motion and a second. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-665
A MOTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NUMBER 3 TO THE MANAGEMENT AGREEMENT
FOR THE MELREESE GOLF COURSE BETWEEN THE CITY OF
MIAMI AND BUNKERS OF MIAMI, A FLORIDA JOINT VENTURE,
DATED OCTOBER 26TI', 1995, AS AMENDED, FOR PURPOSES OF
THE FOLLOWING: (1) GRANTING AN EXTENSION OF EIGHT
MONTHS FROM THE DATE THAT THE CITY COMMISSION
APPROVES THE "SPECIAL EXCEPTION," BUT NO LATER THAN
ONE YEAR AFTER FULL EXECUTION OF AMENDMENT NUMBER
3; OBTAIN ALL BUILDING PERMITS AND COMPLETE
CONSTRUCTION OF THE NEW CLUBHOUSE AS EVIDENCED BY
A CERTIFICATE OF OCCUPANCY; AND (2) ALLOWING BUNKERS
OF MIAMI TO CHANGE ITS FINANCIAL REPORTING
OBLIGATION FROM A FISCAL YEAR TO A CALENDAR YEAR,
COMMENCING WITH THE YEAR 2000.
71 7/27/00
Upon being seconded by Vice Chairman Gort, 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
72 7/27/00
28. AUTHORIZE DEPARTMENT OF FIRE -RESCUE'S PROCUREMENT OF THREE 65'
TELESQURT PUMPER TRUCKS AND ONE ENCORE AIR TRUCK, $211,798, PLUS OPTIONAL
ACCESSORIES, FROM PIERCE MANUFACTURING, INC., UNDER EXISTING LAKE COUNTY,
FLORIDA BID CONTRACT, ALLOCATING FUNDS BY FIRE ASSESSMENT_
Vice Chairman Gort:, Item 21, procurement of three Telesqurt pumper trucks and one air truck, Fire
Department.
Commissioner Teele: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: For 20?
,Vice Chairman Gort: For 21.
Commissioner Sanchez: Twenty-one.
Vice Chairman Gort: I skipped 20.
Commissioner Sanchez: You skipped 20?
Commissioner Winton: So we're on 21?
Vice Chairman Gort: Yes.
Commissioner Winton: Second 21.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
73 7/27/00
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-666
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DEPARTMENT OF FIRE -RESCUE'S
PROCUREMENT OF THREE (3) 65' TELESQURT PUMPER
TRUCKS, EACH WITH A DASH 2000 CAB AND CHASSIS, FOR. AN
AMOUNT OF $1,321,572, AND ONE (1) ENCORE AIR TRUCK,
WITH AN INTERNATIONAL IHC 4900 CHASSIS AND OPTIONAL
ACCESSORIES, FOR AN AMOUNT OF $211,798, PLUS FUNDS IN
THE AMOUNT OF $40,000, FOR THE PURPOSE OF PROVIDING A
CONTINGENCY AMOUNT, FOR A TOTAL COST NOT TO EXCEED
$1,573,370, FROM PIERCE MANUFACTURING, INC., UNDER
EXISTING LAKE COUNTY, FLORIDA, BID CONTRACT NO. 99-150,
AND ANY EXTENSIONS THERETO; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO.
313233, ACCOUNT CODE NO. 289401.6.840, AS FUNDED BY THE
FIRE ASSESSMENT.
(Here follows body of the 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
74 7/27/00
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Vice Chairman Gort: Item 20 is increasing CDBG (Community Development Block
Grant) allocation for lot clearing activities. I think there's lot clearing activities with
some of these small business people that's been having problems. My understanding,
sometimes you might have problem getting the funds to the right account and maybe we
could work out with the Financial Department so they could get paid within thirty days.
Do I have a motion?
Commissioner Sanchez: So moved. .
Vice Chairman Gort: Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: 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. 00-667
A RESOLUTION OF THE MIAMI CITY COMMISSION
AMENDING RESOLUTION NO. 99-854 WHICH
AUTHORIZED AND DIRECTED THE ALLOCATION OF 25TH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") FUNDS TO CERTAIN MUNICIPAL
SERVICES/COMMITMENTS, TO REALLOCATE FUNDS, IN
THE AMOUNT OF $50,000, BY REDUCING FUNDS
ALLOCATED TO THE DEPARTMENT OF ECONOMIC
DEVELOPMENT AND REAL ESTATE, FROM $248,050 TO
$198,050, AND INCREASING FUNDS ALLOCATED TO THE
LOT CLEARING PROGRAM, FROM $275,000 TO $325,000.
75 July 27, 2000
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I would move that it be the policy of the City Commission that all
small vendors on lot clearing be paid within 30 days.
Vice Chairman Gort: Right.
Commissioner Teele: I would so move.
Commissioner Sanchez: Second.
Commissioner Regalado: I'll second.
Vice Chairman Gort: Further discussion? Being none, all in favor, state it by saying
aye.59
The Commission (Collectively): Aye.
76 July 27, 2000
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 01-668
A MOTION ESTABLISHING THE POLICY THAT SMALL
VENDORS WORKING ON THE CITY'S LOT CLEARANCE
PROGRAM BE PAID WITHIN THIRTY (30) DAYS OF SAID
CLEARANCE.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
77 July 27, 2000
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30. ESTABLISH ESTIMATED ASSESSMENT RATE FOR FIRE ASSESSMENTS FOR FISCAL
YEAR BEGINNING OCTOBER 1, 2000, IN ACCORDANCE WITH CITY'S FIVE-YEAR PLAN;
PROVIDING FOR NEW DEFINITIONS; DIRECTING PREPARATION OF AN ASSESSMENT
ROLL; AUTHORIZING PUBLIC HEARING FOR SEPTEMBER 14, 2000, AND DIRECTING
PROVISION OF NOTICE AND PROVIDING AN EFFECTIVE DATE.
Vice Chairman Gort: Proposed resolution, fire assessment for 2000 to '01. Do I have a motion? Fire
assessment fee is the same.
Commissioner Sanchez: It stays the same. So move.
Alejandro Vilarello (City Attorney): Mr. Chairman, there is an appendix to the resolution. There needs to
be a change as to one of the numbers. I think Chief Kemp will describe it.
Commissioner Sanchez: Can you state that for the record? Can you state that for the record?
Maurice Kemp (Deputy Chief, Fire): Yes. Deputy Chief Kemp, Fire Department. For the commercial
classification, in the square footage, one seventy-five thousand and one hundred and ninety-nine thousand,
nine hundred and ninety-nine, it states that the commercial rate is commercial rate is twenty-one seven
twenty-seven. It should be twenty-one seven twenty-eight. So one -dollar ($1) difference.
Vice Chairman Gort: OK. We have a motion. It's been moved, and second. Any further discussion? All
in favor, state it by saying "aye."
Commissioner Winton: Aye.
Commissioner Sanchez: Aye.
Commissioner Teele: Aye.
Commissioner Regalado: No.
Vice Chairman Gort: Aye.
78 7/27/00
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-669
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, RELATING TO THE PROVISION OF FIRE
SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF
MIAMI, FLORIDA; ESTABLISHING THE ESTIMATED
ASSESSMENT RATE FOR FIRE ASSESSMENTS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2000, IN ACCORDANCE WITH
THE CITY OF MIAMI FIVE-YEAR PLAN; PROVIDING FOR NEW
DEFINITIONS; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR
SEPTEMBER 14, 2000, AND DIRECTING THE PROVISION OF
NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Tomas Regalado
ABSENT: None
79 7/27/00
31. AUTHORIZE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO ESTABLISH A
PROPOSED MILLAGE RATE OF ONE-HALF MILL FOR DOWNTOWN DEVELOPMENT
DISTRICT OF CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING
SEPTEMBER 30, 2001; AUTHORIZE AND DIRECT COMMUNICATION OF SAID PROPOSED
MILLAGE RATE TO MIAMI'DADE COUNTY TAX COLLECTOR TOGETHER WITH DATE, TIME
AND PLACE OF PUBLIC HEARINGS AT WHICH COMMISSION WILL CONSIDER PROPOSED
MILLAGE RATE AND DDA TENTATIVE BUDGET FOR SAID FISCAL YEAR.
Vice Chairman Gort: Proposed DDA (Downtown Development Authority) millage. Does the Board
Director approve the millage of point five mills? Do I have a motion?
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: What is that?
Vice Chairman Gort: Twenty-four. It's the millage for the Downtown Development Authority.
Commissioner Teele: I'll second it, too.
Vice Chairman Gort: It's been moved and seconded.
Commissioner Teele: Hey, hey, somebody else has got to second it.
Vice Chairman Gort: Hello?
Commissioner Regalado: Which one?
Commissioner Teele: It's the millage.
Vice Chairman Gort: It's the DDA millage increase that's been approved by the DDA Board of Directors.
Commissioner Teele: The DDA millage.
Commissioner Regalado: Oh, I'll second.
Vice Chairman Gort: Moved and seconded. Any further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
80 7/27/00
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-670
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY
("DDA") TO ESTABLISH A PROPOSED MILLAGE RATE OF ONE-
HALF (1/2) MILL FOR THE DOWNTOWN DEVELOPMENT
DISTRICT OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER
30, 2001; AND AUTHORIZING AND DIRECTING
COMMUNICATION OF SAID PROPOSED MILLAGE RATE TO THE
MIAMI-DADE COUNTY TAX COLLECTOR TOGETHER WITH THE
DATE, TIME AND PLACE OF THE PUBLIC HEARINGS AT WHICH
THE MIAMI CITY COMMISSION WILL CONSIDER THE
PROPOSED MILLAGE RATE AND THE DDA TENTATIVE BUDGET
FOR SAID FISCAL YEAR.
(Here follows body of the 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
81 7/27/00
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32. DESCRIBE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY
LOCATED WITHIN CITY; DIRECT PREPARATION OF ASSESSMENT ROLL; AUTHORIZE
PUBLIC HEARING FOR SEPTEMBER 14,2000; AND DIRECT PROVISION OF NOTICE THEREOF
AND PROVIDE FOR EFFECTIVE DATE.
Vice Chairman Gort: Twenty -five -A -- 23. What am I doing today? Geez.
Walter Foeman (City Clerk): We've already taken up 25-A.
Commissioner Sanchez: We already did 25-A.
Vice Chairman Gort: Proposed resolution -- I thought we already did that.
Carlos Gimenez (City Manager): I think you did 22.
Alejandro Vilarello (City Attorney): It's Item 23 that needs to come up.
Commissioner Teele: We did 25-A.
Vice Chairman Gort: Yeah, I know, but --
Commissioner Teele: We did 8 and 25-A as a companion.
Mr. Foeman: We did 25-A.
Vice Chairman Gort: Do 23? Didn't we just approve the waste increase?
Mr. Gimenez: No, I think you need to go to 23.
Vice Chairman Gort: OK, 23. It's a resolution. So we pass the ordinance before the resolution?
Commissioner Teele: I would so move, Mr. Chairman.
Mr. Vilarello: Yes. This is the notice that puts it on the trim bill, the tax bill.
Commissioner Teele: I would move Item 23, placing it on the trim notice.
Vice Chairman Gort: OK. It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
82 7/27/00
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-671
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, RELATING TO THE PROVISION OF SOLID
WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY
OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING
SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN
THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR
SEPTEMBER 14, 2000; AND DIRECTING THE PROVISION OF
NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of the 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
83 7/27/00
33. .COMPUTE PROPOSED MILLAGE RATE FOR CITY FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2000 AND ENDING SEPTEMBER 30,2001; DIRECT CITY MANAGER TO SUBMIT
SAID PROPOSED MILLAGE RATE TO MIAMI-DADE COUNTY PROPERTY APPRAISER AND
TAX COLLECTOR TOGETHER WITH DATE, TIME AND PLACE OF PUBLIC HEARING AT
WHICH COMMISSION WILL CONSIDER PROPOSED MILLAGE RATE AND CITY'S TENTATIVE
BUDGET FOR SAID FISCAL YEAR.
Vice Chairman Gort: We've passed 24. Twenty -five -A has been passed.
Commissioner Sanchez: Twenty-six.
Vice Chairman Gort: Do we have a 25? Yes. Compute the proposed millage rate. General operating,
eight point nine nine five (8.995). Debt service, one point two eight (1.28). Total millage of ten point two
five -- two seven five -o (10.2750). Is there a motion?
Commissioner Winton: So move.
Vice Chairman Gort: Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-672
A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING
A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI,
FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND
ENDING SEPTEMBER 30,2001; DIRECTING THE CITY MANAGER
TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-
DADE COUNTY PROPERTY APPRAISER AND THE TAX
COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF
THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL
CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S
TENTATIVE BUDGET FOR SAID FISCAL YEAR.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
84 7/27/00
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: A resolution establishing an excess benefit plan -- FIPO (Fire and Police), 25-A has
been passed. Twenty-six.
Commissioner Teele: Now, Mr. Chairman, on the item we just passed, number 25, it's customary that you
pass this at a higher level and then make the final adjustment in September. But I think, given the
constraints of the Oversight Board and where we are that we don't do that. But normally, the millage rate
that is established is higher than what you propose, and then you make your final cut in September. Once
we do this we cannot -- if we find a shortfall or something, we cannot go higher than this rate. I'm
supporting this, but I just think, as a matter of form, once the Oversight Board is not there, we should not
necessarily adopt the millage rate at this point or at least notice the millage rate, because once you put that
notice, you can't go higher. You can go lower. But we're tied up now, and we're tied up anyway with the
Oversight Board, so it doesn't really matter, I guess.
Vice Chairman Gort: Right: OK. Thank you, sir.
85 7/27/00
34. APPOINTMENTS TO THE COCONUT GROVE PARKING ADVISORY COMMITTEE (Bruno
Carnesella, Henry Givens, Elena Carpenter, Robert Masrieh, Michael Spetko, Jay Windsor, Susan Billig
and Frank Balzebre).
Vice Chairman Gort: Twenty-six, Coconut Grove Parking Advisory Committee.
Commissioner Regalado: Mr. Chairman, I move Bruno Carnesella and Elena Carpenter. There are two
Commissioner Sanchez: And Dan Ricker also resigned. That created a vacancy, so it's four positions?
Walter Foeman (City Clerk): There are four positions. Johnny this --
Vice Chairman Gort: That's your district. OK. We have two nominations. Any other nominations? At
large.
Commissioner Sanchez: Well, Johnny, do you have -- this is basically in your district. Do you have any
recommendations?
Commissioner Winton: No, I don't have any. I haven't thought about this yet, so.
Commissioner Sanchez: Yeah. OK. Well, I second your nominations, Commissioner Regalado.
Vice Chairman Gort: OK. It's been moved and seconded. Discussion.
Mr. Foeman: There are also some additional appointments, too. There's one recommended by Off -Street
Parking, Robert Masrieh. He's the chairperson.
Vice Chairman Gort: Do you want to take all three at the same time? Mr. Attorney, can we take all three
at the same time?
Mr. Foeman: And the Coconut Grove Village Council also had recommendations.
Vice Chairman Gort: OK. The Commission at Large has requested to appoint four recommended
individuals submitted by the Village Council, which are Michael Spetko, Jay Windsor, Susan Billig and
Frank Balzebre.
Commissioner Sanchez: Frank Balzebre.
Vice Chairman Gort: OK. Do I have a motion for this?
Commissioner Sanchez: Well, what are all the names?
Mr. Foeman: OK.
Commissioner Sanchez: Who did we nominate?
86 7/27/00
Mr. Foeman: Bruno Carnesella.
Commissioner Sanchez: Elena Carpenter?
Mr. Foeman: Elena Carpenter.
Vice Chairman Gort: For the Commissioners at Large.
Mr. Foeman: And then Robert Masrieh, the recommendation from Department of Off -Street Parking;
Michael Spetko; Jay Windsor; Susan Billig --
Commissioner Sanchez: And Frank Balzebre?
Mr. Foeman:. -- and Frank Balzebre.
Commissioner Winton: I want to add back in -- Henry Given is on, apparently is on this board, also,
currently, as a Commission appointee.
Mr. Foeman: Yes, he is. He is an incumbent.
Commissioner Winton: So I would like to --
Mr. Foeman: Include him in the at -large appointments by the Commission.
Commissioner Winton: -- include him in the at -large appointments.
Vice Chairman Gort: Who? Who?
Commissioner Winton: Henry Givens who is on this list right here.
Vice Chairman Gort: OK. Any other nominations? Also, the Commission at Large had requested that we
appoint Robert Masrieh, who is being recommended by the Off -Street Parking Department. Is that
included?
Commissioner Sanchez: Yeah, he is included.
Mr. Foeman: Yes, it is.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
Commissioner Teele: Who moved it?
87 7/27/00
Commissioner Regalado: I did.
Commissioner Sanchez: And I seconded.
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-673
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT
GROVE PARKING ADVISORY COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of the 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
88 7/27/00
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35. APPOINTMENTS TO THE FINANCE COMMITTEE (Carlos Enriquez, Candis
Trustee, Timothy Keegan and Eli Feinberg).
Vice Chairman Gort: Item 27, Finance Committee meeting.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: I have an appointment.
Vice Chairman Gort: Go ahead, sir.
Commissioner Regalado: Eli Feinberg.
Vice Chairman Gort: Okie doke.
Walter Foeman (City Clerk): That's a reappointment. He's an incumbent.
Commissioner Regalado: Yes, it is.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Who is my appointment?
Vice Chairman Gort: Candis Trustee.
Mr. Foeman: Candis Trustee.
Commissioner Teele: We were supposed to get a report from the Finance Department on
whether or not this committee was functioning to their satisfaction, et cetera. I would
move the reappointment of Candis Trustee.
Vice Chairman Gort: My understanding from some of the feedback that I got, they were
working very closely with the Finance Department. Commissioner Sanchez.
Commissioner Sanchez: I'll reappoint Timothy Keegan.
Vice Chairman Gort: OK. Commissioner Regalado -- I mean Winton.
Commissioner Regalado: I already did.
Commissioner Winton: Yeah.
Vice Chairman Gort: Yeah, I got yours.
89 7/27/00
Commissioner Winton: I don't have an appointment.
Vice Chairman Gort: OK. I re -nominate Carlos Enriquez. Do I have a motion to accept
the nominations?
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved.
Commissioner Regalado: Second.
Vice Chairman Gort: It's been seconded. Any further discussion? Being none, all in
favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 00-674
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of the 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
90 7/27/00
36. APPOINTMENTS TO THE ORANGE BOWL STEERING COMMITTEE (Douglass Greist).
Vice Chairman Gort: Orange Bowl Committee.
Walter Foeman (City Clerk): The Mayor has submitted a name, and we need a waiver, because this
person is not an elector of the City of Miami.
Vice Chairman Gort: His name is Douglass Greist. Do I have a motion?
Commissioner Sanchez: Motion.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying 'aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-675
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE ORANGE BOWL
STEERING COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of the resolution, omitted here and ori 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
91 7/27/00
37. APPOINTMENTS TO THE CHARTER REVIEW AND REFORM COMMITTEE (Maurice
Weiner and Herschel Haynes).
Vice Chairman Gort: Charter Review and Reform Committee. Commission at Large, appointing citizens
of the City of Miami whose knowledge of the City Charter, Code and governmental procedure and process
who shall be presiding over meeting in the absence of the chairperson. Commissioner Regalado,
nominees.
Commissioner Regalado: Yes. Maurice Weiner, regular member, and I'd like to send by memo the
technical advisement, if that's OK.
Vice Chairman Gort: OK. Commissioner Teele.
Commissioner Teele: Mr. Herschel Haynes, the head of the Hadley Park Homeowners Association as a
regular member. I would send by memo the technical.
Vice Chairman Gort: OK. And the Commission at Large, my understanding is, is to -- well, OK. Do I
have a motion accepting those nominations?
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved.
Commissioner Regalado: Second.
Vice Chairman Gort: Seconded. Any further discussion? Being none, all in favor, state it by saying
aye.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-676
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE CHARTER
REVIEW AND REFORM COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
92 7/27/00
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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
93 7/27/00
38. (A) DEFER CONSIDERATION OF PROPOSED APPOINTMENT OF AN INDIVIDUAL AS
A MEMBER OF THE CIVIL SERVICE BOARD; COMMISSIONER JOHNNY L. WINTON TO MEET
WITH MANUEL GARCIA REGARDING HIS NOMINATION FOR SAID APPOINTMENT.
(B) COMMENTS BY COMMISSIONER TEELE REGARDING INCENTIVES FOR
PEOPLE TO LIVE IN THE CITY.
Vice Chairman Gort: Item 30 is a list of Civil Service Board. I have --
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: I'd like -- yes.
Commissioner Regalado: I'd like to nominate --
Vice Chairman Gort: George Garcia?
Commissioner Regalado: Manuel Garcia. Again with the Garcias. This is Manuel Garcia.
Commissioner Sanchez: So move.
Vice Chairman Gort: Moved and seconded.
Commissioner Sanchez: Second.
Commissioner Winton: Wait, I'm -- where are we now?
Walter Foeman (City Clerk): Civil Service Board. There's a vacancy that's been created by the recent
passing of Bob Frazier.
Vice Chairman Gort: It's been moved and seconded.. Any further discussion?
Commissioner Winton: Yeah, but I can't remember the name of somebody that I wanted to nominate and
I --
Vice Chairman Gort: George Garcia?
Commissioner Winton: What is it?
Vice Chairman Gort: George Garcia?
Commissioner Winton: George Garcia? Yeah. Because I -- I'm sorry, I don't know how this works. If
you're nominating one person and I want to nominate someone else, how does that work?
Commissioner Regalado: No, you can vote on the nomination if you want to. I don't know what's the
process. But my nomination is Manuel Garcia. Just to be -- Manuel is another person. No second name.
94 7/27/00
0 0
Commissioner Winton: And I would like to nominate George Garcia.
Commissioner Regalado: Call the roll.
Commissioner Teele: Well, I would ask that we get the resumes of the two, distribute them and --
Commissioner Regalado: I think that we already have, because in the other appointment, Manuel Garcia
did send resumes to your office, to the other offices.
Commissioner Winton: Well, actually, I -- because I did have an opportunity to talk to George Garcia, but
I don't remember talking to Manuel Garcia. So I think Commissioner Teele's idea is a good one, and I'd
be much more comfortable making that decision once I've talked to both people.
Vice Chairman Gort: OK. Defer it for next meeting.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: We've agreed to sort of defer this. This may be a very good time, Commissioner
Winton. This may be a very good time, Commissioner Winton, to say that I've served on a lot of boards,
commissions, constitutional commissions, 36 members, the County Commission, I chaired. We need to
be very careful that we don't unintentionally create issues that could destroy the camaraderie. You know,
obviously, we have two appointees. We're going to have to make hard decisions. This is going -- we're
going to always have to vote. Everybody should be free to vote their conscience. But I would hope that
over the next 30 days that, you know, we could possibly get this down to one name, because I don't think
it -- I mean if we are -- we ought to try to do this based upon some policy measure as opposed to the
personalities, because I think more and more, you know, I think there's a very clear opportunity for us to
become a disharmonious group. And this is certainly not an issue, not a problem. We're always going to
be free to vote our conscience, to vote, but I do think that we need to be very careful that we don't slide
down that very slippery slope. And I think these kinds of issues where normally, one person will agree to
sort of defer to another, if possible. You don't have to. I'll be happy to vote on one of the two. But I do
think we ought to be very conscious of trying to figure out how we can work harmoniously together. And
I respect you, Commissioner Winton, and I respect you, Commissioner Regalado. But I would hope that
we could figure out, without violating the Sunshine Law. I would hope that one of the two nominees
would not necessarily come forward. And if we have to, we'll vote. But I think we ought to vote based
upon policy, issues of diversity, of fairness in representation, of whether or not branches, departments are
represented, you know. I would hate to see, say, everybody be from the Parks Department, or from -- I
mean, we ought to look for objective ways to look through some of these things when you get into this
situation, because we've rarely had a situation where on appointments, since I've been here under, you
know, two or three chairperson structures that we've wound up voting on these kinds of nominations. It
just sort of works out, and I think it's really advantageous if we --
Commissioner Regalado: But Commissioner, can we discuss this now? I mean, we are in the sunshine.
Commissioner Teele: I think we should.
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Commissioner Regalado: We should because --
Commissioner Teele: We're in the sunshine now.
Commissioner Regalado: Like, for instance, the reason I brought the name of Mr. Manuel Garcia is
because he's a City worker, works in the marinas. He's a Miami resident. And he's been with the City
for many years. I don't know about-- I haven't spoken, nor my office has spoken to the other Garcia. We
keep bringing all these Garcias. You know, in the last meeting, we had Garcia, Garcia. But anyway -- so,
you know, that's the reason. I think that the workers of the City, those who are out there sweating under
the sun should have a voice. And that's the reason that I would keep bringing that name.
Commissioner Winton: And the person that I recommended is a Code Enforcement officer, so he's out
there in the sun, just like everybody else. And I agree with Commissioner Teele. And actually, I made
the same decision you did, Commissioner Regalado. I hadn't met with this other Garcia. So I had met
with the one that I recommended, and I liked his philosophy. This Civil Service position, Commissioner
Teele, is very different than all of these other appointments. That board makes all the decisions that will
impact the way our workforce can work. And I think that since I've been here, I've spoken very highly,
not only from here, but in the public about the staff that we have in the City, because I got here with kind
of a warped attitude about City staff, and found that we have a lot of great employees. However, I now,
having had the opportunity to be here for a while, I know that there is a percentage of the employees in
this City who aren't doing their job, and they don't need to be here. And they can't -- the ability of our
City to get people who aren't doing their job out of those jobs, it ties directly back to the Civil Service
Board. And so when I talk to Civil Service Board people, I want to understand what their philosophy
about those kinds of issues are. And that's how I make my decision on this particular appointment, which
is very different than all these other boards.
Commissioner Regalado: Well, you can be sure that after we vote, we will have a Garcia on the board.
Commissioner Winton: Yes, we will, absolutely.
Commissioner Sanchez: We can agree on that.
Commissioner Teele: Mr. Chairman, on the point.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I've maintained that if the Mayor of the City has to live in the City, if each
Commissioner has to live in the City and in a district in the City, if -- the proposal which we don't have
now, but the proposal that we had approved as a Commission was that the administrator would have to
live in the City. And I'm very pleased that our current Manager lives in the City, and the previous
Manager lived in the City. So the criteria that I apply, try to apply first to any board appointment or
anything that's sort of a (unintelligible) is, "Does the person live in the City?" So I would be very
interested in knowing if both or either live in the City, because I think one of the problems that we have in
the City, and particularly in the district that I represent is that we really don't have enough of our City
employees in the City. I've asked repeatedly for the Manager to provide us by Department -- no names,
96 7/27/00
but percentages of people that live in the City, those that are, you know, exempt employees, those people
that, quite candidly, don't have a Civil Service contract, you know, by department. How many of those
people live in the City? I think the more we say it, the more we will begin to make people aware. I don't
think there should be any punishment or penalty to anybody that doesn't live in the City, but I think there
ought to be benefits. Like I think we ought to provide housing assistance. We ought to provide the kinds
of loans that we do for police officers, and fire fighters, and schoolteachers now that Clinton is proposing.
We ought to provide for any City employee -- Solid Waste, Code inspector -- we ought to aggressively
provide for benefits for people to live in the City. And so, you know, on this particular appointment, my
vote is going to be first and foremost for the person who lives in the City. And having said that, I just
want to make sure that -- we ought to look for benefits. And this is a very important board.
Vice Chairman Gort: OK. My understanding, I'm getting signals that the other person does not live in the
City. But I want to bring a point. My understanding -- I was talking to two police officers the other day.
They're getting ready to move within the City. Do we still -- do we have that program to assist police
officers that want to move within the City of Miami?
Commissioner Regalado: Remember that the Commission passed --
Vice Chairman Gort: It's in your district.
Commissioner Regalado: Yes.
Vice Chairman Gort: Yeah, I know.
Commissioner Regalado: But the Commission passed --
Vice Chairman Gort: They're going to move in your district.
Commissioner Regalado: No, but the Commission passed that project five thousand dollars ($5,000) for --
Vice Chairman Gort: Right, we did pass it. How much?
Commissioner Regalado: Five thousand dollars ($5,000). And then they came up with this thing about
there's a lot of regulations, and some of the officers didn't qualify. None of the officers did qualify.
However, there are other cities who are doing the same with the federal money.
Commissioner Teele: I passed that in Dade County. I passed an ordinance that let -- it matches -- it's a
HUD (Department of Housing and Urban Development) regulation that provides for police officers, and
we adopted it as it related to U.S. Marshals, FBI (Federal Bureau of Investigation), Dade County and any
law enforcement person could literally get a -- I think it was fifteen thousand dollars ($15,000), or even
have free housing under certain conditions, public housing. There was a whole array of things. If we
don't have that in the City, we need to go back and look at it. Now, what it means is you've got to provide
waivers against conflicts of interest at the board level individually. But that's, you know, that's why you
do that, to make sure that people aren't doing deals underneath the radar screens. But the policy of this
Commission is very clearly we ought to "incentivize," and particularly with police, because we got these
take-home police cars.
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Vice Chairman Gort: Well, I need that information, because I told them I would get back to them.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: What happened -- Could the Chief answer that question, your question,
Commissioner Gort?
Vice Chairman Gort: No. My question has not been answered.
Raul Martinez (Chief of Police): Raul Martinez, Chief of Police. Commissioner, I'm not sure if I have
exactly the answer to the question that you asked, but I believe in that program, the one little problem in
the program was that the salary requirements, you know, to get that HUD money, the officer could make
no more than -- I think it's eighteen, twenty thousand dollars ($20,000) a year. Most of the officers
exceeded that salary. I will make sure if that is the restriction or not, and we'll see whether there's another
way to get around it.
Commissioner Teele: You need to make sure if that's a federal restriction or a City restriction. OK? And
somebody in your department -- And, you know, we've had this discussion before about federal liaisons
and the need to have civilian types of liaisons. You all need to get somebody up to Washington to sit
down with the federal HUD, because there are all kinds of special programs, both at Justice and at HUD
for police officers, for sworn police officers, and there's no salary restriction on those.
Vice Chairman Gort: OK.
Chief Martinez: And again, maybe I'm mistaken in my --
Vice Chairman Gort: Please find out and come back to me, and let me know, and to us.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Regalado: Are we going to vote on the Civil Service?
Vice Chairman Gort: What's the will of the Commission?
Commissioner Sanchez: Well, getting back to the Civil Service. The two --
Commissioner Winton: No. I'd like to defer so I can have a chance to meet with whoever it is you're --
Commissioner Regalado: OK.
Commissioner Teele: Second.
98 7/27/00
Commissioner Sanchez: So deferral. Just --
Vice Chairman Gort: Moved and seconded. Any further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-677
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 30
(PROPOSED APPOINTMENT OF AN INDIVIDUAL AS A MEMBER
OF THE CIVIL SERVICE BOARD); FURTHER ALLOWING AN
OPPORTUNITY FOR COMMISSIONER JOHNNY L. WINTON TO
MEET WITH MANUEL GARCIA REGARDING HIS NOMINATION
FOR SAID APPOINTMENT.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
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39. DISCUSSED AND TABLED: DISCUSSION CONCERNING LAW ENFORCEMENT TRUST
FUND.
Commissioner Sanchez: Item 31, discussion concerning the Law Enforcement Trust Fund. Mr. Chief.
Raul Martinez (Chief of Police): Yes, Commissioner. Raul Martinez, Chief of Police. Upon request by
the Mayor, we have forwarded a package -- the Manager has forwarded a package to the Commission
sometime last week where basically, they gave you a recent history for the last ten years of monies that
have been taken in under the Law Enforcement Trust Fund. And basically, there's three different ways
moneys come in -- through state legislation, through the Justice Department, and through the U.S.
Customs. And basically, the (inaudible) about thirty-one point one million dollars have come in since we
-- since 1990. It also then shows you the balances on the three different accounts -- the State account, the
U.S. Justice account and the U.S. Customs account -- shown as slightly over five million dollars
($5,000,000) left that's un -appropriated under those three accounts. And then under a statement, it says
there's about approximately eight point four million dollars ($8.4 million) in the pipeline. Let me describe
that a little bit more. It usually takes between a year, a year and a half for the money to get into our hands.
The eight point four million dollars ($8.4 million) -- if we get it, because some, we may not get -- it's our
ratio of the money once it's divided amongst all the Federal agencies that work with us on these joint task
forces. We also attach a description of the type of programs that we have funded for the last few years
from, you know, showing the different things that we have bought, equipment, training programs that we
have funded. And basically -- and this, you don't have in front of you -- but for the total, we have spent
about twenty-four million dollars ($24,000,000), twenty-three point eight million dollars ($23.8 million)
of Law Enforcement Trust Fund --
Commissioner Sanchez: How much? I'm sorry?
Chief Martinez: We have spent about twenty-three point eight million dollars ($23.8 million) of Law
Enforcement Trust Fund since this program began -- I'm sorry -- for the last five years. Thirteen point
nine million dollars ($13.9 million) have been spent for investigations, equipment or training. Nine point
eight million dollars ($9.8 million) have been spent for community programs internal and external,
internal being programs such as "PAL" (Police Athletic League) and external being the alternative
programs, "Do the Right Thing."
Commissioner Sanchez: Within five years.
Chief Martinez: Within the last five years, yes, sir.
Commissioner Sanchez: Nine point three million dollars ($9.3 million) in five years.
Chief Martinez: Nine point eight.
Commissioner Sanchez: Nine point eight.
Chief Martinez: Yes, sir.
100 7/27/00
Commissioner Regalado: Before I -- because I have to leave for the TV program. I suggested something
about the social services program and the Law Enforcement Trust Fund, because I saw something, that the
Chief had approved some money for social service. I got a memo from the Manager and I guess from the
Chief saying that this is not a blanket approval. And everybody understands that, but I think that for the
next cycle of social services, it has to be, there has to be a way to find different social programs that would
qualify, that would be perfect for the Law Enforcement Trust Fund. And that could -- a small amount
maybe could supplement the need that we have of the social services fund. And I just wanted to make that
as a response to the Manager's memo.
Commissioner Sanchez: If I can just elaborate. I think that one of the things that we need to do, Mr.
Chief, is to -- the restrictions. I think we need to understand better the restrictions that apply to those
grants. I know that they could only be used for certain things. But I think that what the Commission
needs, we need to find out, is that, you know, what are the specific restrictions for those funds, and what
could they be used. for? What Commissioner Regalado is stating is maybe some of those funds could be
used for social services that are related in the law enforcement, crime prevention field. And that's one of
the biggest, I think, misunderstandings where we're not understanding of what the restrictions are.
Chief Martinez: And Commissioner, since the restrictions are complex, because some of them are based
on the Attorney General's opinions of what it can and cannot be used for, rather than me giving you some
quick answer to it, I'd much rather get you a package of the restrictions so you can go through it. And Mr.
Vilarello can help you on that. I'll be more than glad to do that. It's basically, you know, when these
funds were set aside, they were set aside for, you know, to assist law enforcement in investigations, and
training, investigative techniques. And then the state mandates that a minimum of 15 percent be
committed to community programs dealing with crime prevention. You know, that is the key. The key is
crime prevention. And we have funded some programs such as The Alternative Program. But, you know,
they're good programs that keep people off the street that put people back in the workforce, you know.
And so when that -- if we call that social service, I guess if your interpretation of "social service" falls into
crime prevention, it may, but they're basically delineated for crime prevention type programs.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Let me -- yes, go ahead.
Commissioner Teele: Were you about to ask a question?
Vice Chairman Gort: Well, mainly, we're talking about on the average of about five million. You're
talking about 15 percent. You're talking about seven hundred and fifty thousand dollars ($750,000), five
hundred thousand dollars ($500,000) a year.
Chief Martinez: And Commissioner, you've got to be careful.
Vice Chairman Gort: Here's what we're saying.
Chief Martinez: OK.
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Vice Chairman Gort: There's certain programs that we -- that apply for the funding for social services.
But those same programs, because of the type of programs that they do, could qualify for your service,
because that's crime prevention. Taking kids out of the schools, taking them and putting them in the
parks, putting them with the computers and so on. So that could be crime prevention. What we're saying
is if we can fund something out of your funding, then we'd have additional funds for other social services.
We don't mean for you to deviate from the guidelines. What, I suggested is when the funding period
comes back, the CDBG (Community Development Block Grant) and you all get together and we can
maximize by joining the two forces together. Maintain your independence, because you have to follow
your criteria, and your laws and so on. But by working as a team, we can get a lot more out of it.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, Commissioner Teele.
Commissioner Teele: I would ask that this item be deferred. Commissioner Regalado has got to leave, as
we know, to the balance for -- because I'd like to review the report and ask some questions about this.
And I'm particularly interested in knowing about where we stand with the Federal Government in light of
the situation that we have. You know, I want to know, has anybody been to Washington? Have we sat
down, you know, with the law enforcement people up there? We've traditionally gotten, you know, tens
of millions of dollars, and I need to know where we stand. But I would like to ask, Mr. Chairman, that we
temporarily pass this item and -- because Commissioner Regalado has expressed a lot of interest.
Note for the Record: At this point, agenda item 31 was tabled.
102 7/27/00
40. APPOINT RICHARD DUNN AND STEVE KNEAPLER AS MEMBERS. OF THE PORT AREA
AUTHORITY TO THE COMMUNITY IMPROVEMENT AUTHORITY BOARD.
Commissioner Teele: I placed on the Agenda, and it's not shown, but it was recorded in the record to be
temporarily deferred to this meeting the Port Area Improvement Act. And the Manager's office, of
course, has apprised me again that at least three names have gone in to the Clerk. We don't have the
legislation.
Walter Foeman (City Clerk): Four names.
Commissioner Teele; Four names have gone in to the Clerk.
Carlos Gimenez (City Manager): No, it's one name, four times.
Commissioner Teele: One name four times.
Mr. Foeman: Correct.
Commissioner Teele: And what I'd like to do is authorize the appointment of the two persons, one being
the name that has gone in four times, Mr. Steve Kneapler for the Commission Port Area Improvement
Act, and the other name as being the Reverend -- Former City Commissioner Reverend Richard, Dunn.
And I would move that those two names be offered for the purpose of moving forward on the
Improvement Act.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
103 7/27/00
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-678
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF THE PORT AREA AUTHORITY TO THE
COMMUNITY IMPROVEMENT AUTHORITY BOARD: RICHARD
DUNN (nominated by Commissioner Teele); STEVE KNEAPLER
(nominated by Commissioners Winton, Sanchez, Regalado and Vice
Chairman Gort).
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
Commissioner Teele: Mr. Chairman, I want to be very clear. The County strongly opposed this Act. I
worked with the Governor's General Counsel to get it done. I'm assuming that these two persons have no
predisposition. There's a big issue about the Marlins and the Heat, the cruise industry versus the tax and
no tax. I've asked Reverend Dunn specifically to be open and not get into the political issues that are
there. The question is: How can we really work to improve the port area? Let's be very clear. This act
was offered by the Marlins as a compromise. This is a bill that's passed by the state that creates, in effect,
an independent authority, something the County strongly is opposed to. But it attempts to remove this
from the politics of County Commission and. City Commission. And I would hope that both of our
appointees and the Mayor's appointees would try to do what is best for the City, the DDA (Downtown
Development Authority), the downtown area, the redevelopment area and the parks area. I would hope
that the management would provide staffing and the Attorney would provide staffing, appoint a full-time
person or a person that's available to these people full-time to give them staff support and legal assistance
as necessary to insure that we are in a position to have meaningful and thoughtful representation in this
board. The Governor is going to appoint people, the County is going to appoint, the County Mayor is
going to appoint, and this could very well be a large play on the Bicentennial Park, it's no question about
it. And we need to be very candid about that. And I think the two appointees are reflective of the
community. Thank you, Mr. Chairman.
Vice Chairman Gort: Thank you.
104 7/27/00
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Commissioner Regalado: OK. That appointment will be coming on September 15, Mr. Manager, right?
Carlos Gimenez (City Manager): Yes, sir, these two names, along with the Mayor's nominee will be
coming up in September.
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41. NEGOTIATE FAIR CONSIDERATION OF UTILITY COSTS ASSOCIATED WITH
MANAGEMENT OF TOWER THEATER (See #56).
Vice Chairman Gort: Item 31. This is a discussion on the LETF (Law Enforcement Trust Fund). We just
did that. Item 32, manager of the Tower Theater. You want to listen to that later on, or you have to stay,
Regalado?
Lori Billberry (Director, Asset Management): I can be really short.
Vice Chairman Gort: Go ahead.
Ms. Bilberry: Lori Billberry, Director of Asset Management. Last week, we received some additional
comments from the proposed operator, so we do have to review those comments to see if we can come to
an agreement to bring back the final agreement in September, rather than we had anticipated bringing it
today. In the interim, they have agreed to continue operating, you know, through August and September,
and they have asked, though, that we pick up a portion of the utilities, or at least the electric cost. And I
would ask that the Manager be authorized to negotiate a fair consideration in that respect.
Note for the Record: Commissioner Regalado exited the Commission chamber at 11:50 a.m.
Commissioner Teele: So move.
Vice Chairman Gort: OK. It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
106 7/27/00
0
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-679
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CONTINUED MANAGEMENT OF THE
TOWER THEATRE, LOCATED AT 1508 SOUTHWEST 8" STREET,
MIAMI, FLORIDA, BY TOWER ART CENTER, AT LATIN
QUARTER, INC. ("TAC"); FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE WITH TAC CONCERNING THE
PAYMENT OF UTILITY AND ELECTRIC COSTS UNTIL SUCH
TIME AS A LONG-TERM MANAGEMENT AGREEMENT IS
NEGOTIATED AND EXECUTED; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE ANT NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE.
(Here follows body of the 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Teele: Mr. Chairman, is the Planning Director still around?
Vice Chairman Gort: Probably is.
Carlos Gimenez (City Manager): Yes, sir, she is.
107 7/27/00
Vice Chairman Gort: Thirty-three is City property at approximately 5900 Northwest 7th
Avenue.
Ms. Laura Billberry (Director, Asset Management): At the direction of the Commission,
at the special meeting earlier this month, we brought this item back. This is a property
that we would like to declare surplus, and the City will undertake a replatting and
rezoning of the property and issue an RFP (Request for Proposal) for the sale of the
property. We would include within the RFP criteria, such as the number of jobs that the
development would recreate, the type of development, the time frame for development,
the purchase price to the City, and their ability to obtain private financing as opposed to
public.
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: OK. It's been moved. Is there a second? Further discussion. 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. 00-680
A RESOLUTION OF THE MIAMI CITY COMMISSION
DECLARING AS SURPLUS THE PROPERTIES LOCATED AT
730 NORTHWEST 60TH STREET, 5901 NORTWEST 7TH
COURT, 5900 NORTHWEST 7TH AVENUE, 737 NORTWEST
59TH STREET, AND 5988-98 NORTHWEST 7TH AVENUE,
MIAMI, FLORIDA (COLLECTIVELY THE "PROPERTY");
DIRECTING THE CITY MANAGER TO INITIATE THE STEPS
NECESSARY TO RELAT AND REZONE THE PROPERTY AS
`C-1', AND TO ISSUE A REQUEST FOR PROPOSALS FOR
THE SALE AND DEVELOPMENT OF THE PROPERTY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
108 July 27, 2000
• 9
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Ms. Billberry: Thank you.
109 . July 27, 2000
43. COMMENTS BY COMMISSIONER TEELE REGARDING HIS APPRECIATION OF THE
PRESENTATION GIVEN BY THE PLANNING DEPARTMENT ON THE PROPOSED MASTER
PLAN FOR BICENTENNIAL PARK -- SLIP TO BE FILLED IN (See 492).
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: To the Manager -- to the Planning Director through the Manager. Later on today, I
have an MPO (Metropolitan Planning Organization) meeting, and I don't know what time we're going to
come back. I would hope that we could come back after 3:30, three-thirtyish. But in any event, later on
today, it's my understanding the Mayor is going to bring up issues relating to the slip. And I want to
publicly state to the Manager and the Management team, the Planning Department that I really appreciate
the presentation that was given to us in the past. I am -- you raised issues that I had never thought about,
particularly that Holland and Netherlands -looking, Austrian -looking --
Ana Gelabert (Director, Planning and Zoning): Copenhagen.
Commissioner Teele: Copenhagen. That's Denmark, I guess, huh?
Ms. Gelabert: Yes.
Commissioner Teele: Danish housing mixed' use, which I thought is very, very good. And it just shows
that we need to work harder at getting professional staff recommendations before us, before everybody's
ideas get sort of set in stone. So I would hope that whatever decision the Commission takes today, that the
department will not, you know, say, well, it was all wasted or whatever, because it's not wasted. A lot of
us are learning. This is a learning process. And the more you can teach us, the better, I think better, we
can better represent our staffs and I would encourage you to continue. And don't be dissuaded or down,
based upon anything the Commission may or may not do today.
Ms. Gelabert: We'll keep bringing you ideas.
Commissioner Teele: Thank you.
Vice Chairman Gort: We'll come back at 3:00?
Commissioner Winton: Commissioner Teele, what time did you say? You got the MPO Board meeting.
Commissioner Teele: Three -thirty.
Commissioner Winton: What time?
Commissioner Teele: Three -fifteen?
Vice Chairman Gort: Yeah.
110 7/27/00
Commissioner Teele: Three -fifteen, 3:30.
Commissioner Winton: We've got to give you time for that MPO meeting.
Vice Chairman Gort: OK. Be back at 3 o'clock.
111 7/27/00
44. COMMENTS REGARDING PROPOSED CHARTER AMENDMENTS (See #13 and 93).
Art Noriega: Art Noriega, Department of Off -Street Parking. Can I get a time certain on our issue? Is
that possible?
Vice Chairman Gort: No.
Commissioner Teele: Five o'clock. Five o'clock.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 11:55 A.M. AND
RECONVENED AT 3:08 P.M., WITH ALL MEMBERS, EXCEPTING COMMISSIONER
TEELE, FOUND TO BE PRESENT.
112 7/27/00
45. ACCEPT DONATION OF 5,000 `GUNLOCKS FROM NATIONAL SHOOTING SPORTS
FOUNDATION (NSSF); SAID GUNLOCKS WILL BE DISBURSED TO CITY RESIDENTS BY
MIAMI POLICE DEPARTMENT.
Vice Chairman Gort: Ladies and gentlemen, we're back for the afternoon session. Would you all like to
take the Commissioners' items now and pocket items, or do you want to go straight into PZ and then take
it later on?
Mayor Carollo: Let's do the pocket items.
Vice Chairman Gort: Where are my pockets?
Mayor Carollo: Mr. Vice Mayor, if we could go into pocket items, I think it would be more productive.
The Police Chief has requested that I would bring up a pocket item that has to do with an in-kind that
we're going to be getting for 5,000 gunlocks.
Raul Martinez (Chief of Police): Yes, Mr. Mayor. Raul Martinez, Chief of Police. There's a company, I
know, there's a project called Project Homesafe that provides the communities free gunlocks to be given
out to the communities. They have offered to us under the National Shooting Sports Foundation, NSSF,
the donation of 5,000 gunlocks to the Police Department to give out to the community. The reason that
we asked the Mayor or we asked the Manager to ask for this to be a pocket item, we'd like to commence
this with the beginning -- commencing of the school year maybe --
Commissioner Winton: So moved.
Mayor Carollo: OK. It's moved by Commissioner Winton, seconded by Commissioner Gort. All in
favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passed unanimously.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-681
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
A DONATION OF GUNLOCKS FROM THE NATIONAL SHOOTING
SPORTS FOUNDATION, WITH AN ESTIMATED VALUE OF
$50,000, CONSISTING OF 5,000 GUNLOCKS, AS A PART OF ITS
PROJECT HOMESAFE PROGRAM.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
113 7/27/00
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
114 7/27/00
46. EMERGENCY ORDINANCE: AMEND SECTION 54-190 OF CITY CODE ENTITLED
"STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," TO
MODIFY WIDTH OF CERTAIN STREETS AND AVENUES IN SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY.
Mayor Carollo: Any other pocket items? Commissioner Winton, I think you had one?
Commissioner Winton: Yes, Mr. Mayor. I have a couple. The first one is an emergency code
amendment related to the NAP (Network Area Point). And staff is going to give a quick just overview of
what this issue is. So Mr. Jackson, are you going to do that?
John Jackson (Director, Public Works): Yes, sir. Good afternoon. John Jackson, Director of Public
Works. This is an ordinance amending -- an emergency ordinance amending Code Section 54-190. It has
to do with the streets around the NAP Center, Northeast 9th Street, Northeast Sth Street, Northeast Is'
Avenue, and Miami Avenue. What this does is revise the street widths from what was proposed by the
Overtown/Park West expansion back to the current widths that's existing there right now. So there's no
change in the traffic or pedestrian flows. And so we're requesting that the ordinance be amended to
reflect what the current widths are.
Commissioner Winton: And this went through the Planning Department for their review, also, to make
sure that this was in keeping with the overall plan for future development in Park West. And so that's the
motion that I would like to make.
Vice Chairman Gort: Second.
Mayor Carollo: There's a motion by Commissioner Winton, seconded by Vice Chairman Gort. All in
favor signify --
Alejandro Vilarello (City Attorney): It's an emergency ordinance, Mr. Mayor.
Mayor Carollo: I'm sorry.
Mr. Vilarello: It's an emergency ordinance.
Mayor Carollo: It is, so you have to read it.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Mayor Carollo: Can you call the roll for first and second reading?
115 7/27/00
9 0
An Ordinance entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 54/ARTICLE V/SECTION 54-
190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE
BUILDING LINES/NONSTANDARD STREET WIDTHS," TO
MODIFY THE WIDTH OF CERTAIN STREETS AND AVENUES IN
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY,
MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR. AN
EFFECTIVE DATE.
was introduced by Commissioner Winton and seconded by Vice Chairman Gort, 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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Whereupon, the commission on motion of Commissioner Winton and seconded by Vice Chairman Gort,
adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE
ORDINANCE WAS DESIGNATED ORDINANCE NO. 11946.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
116 7/27/00
Mayor Carollo: John, hold on for a minute. Let me congratulate you for your new position, your
permanent new position.
Mr. Jackson: Thank you, sir. Yes, sir. Thank you, sir.
117 7/27/00
47. AMEND RESOLUTION 00-395 TO INCREASE AMOUNT OF COMPENSATION PAYABLE
TO ARTHUR ANDERSEN FOR DEVELOPMENT OF COMPREHENSIVE CITYWIDE
INFORMATION TECHNOLOGY STRATEGIC PLAN FOR CITY TO $661,250, TO INCLUDE
ESTIMATED COST OF OUT-OF-POCKET EXPENSES.
Mayor Carollo: Any other pocket items?
Commissioner Winton: Yes, sir, one more. This is a resolution authorizing an increase in the IT
(Information Technology) Strategic Plan consulting services fees. This is an item that we approved on
September 14th, but there was an error in -- there was an error in the amount of money that we approved,
and so this is to correct the error.
Commissioner Sanchez: And I have a question.
Commissioner Winton: Yeah. And we'll let staff tell you what the --
Aldo Stancato (Acting Director, Information Technology): Aldo Stancato, Information Technology. In
the original proposal, in the RFP (Request for Proposals), there was a 15 percent for out-of-pocket
expenses. We inadvertently left that off. It was our error. And this will turn around and correct that. The
out-of-pocket expenses at 15 percent are capped at eighty-six thousand, two hundred and fifty dollars
($86,250) additional.
Commissioner Winton: On top of the five hundred and seventy-five thousand dollar ($575,000) total
contract.
Mr. Stancato: Correct. Correct.
Vice Chairman Gort: This pocket item had to be -- I mean the (inaudible) will have to be approved by us
previously, before expenditure.
Mr. Stancato: Yes. We're in the midst of negotiations, and we really can't go --- we're not going to
execute the contract unless we have approval for expenditure --
Commissioner Winton: And the only reason that I was willing to bring this up as a pocket item, because I
typically won't bring anything up as a pocket item that has any real impact is because we did approve this
item previously. It would have been in there had it not been for that oversight. And they are negotiating
the contract right now. It's something that we want to get on with.
Mayor Carollo: Mr. Manager, one of the requirements we have when we bring up pocket items that will
have a financial impact is that it had to have been looked at by the administration and approved. I gather
from your signature here that you have done that, correct?
Carlos Gimenez (City Manager): Yes, sir.
Mayor Carollo: OK. Thank you. Just wanted to get it on the record. Any further questions?
118 7/27/00
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Vice Chairman Gort: I have one.
Mayor Carollo: Go ahead.
Vice Chairman Gort: But we need to vote on this.
Mayor Carollo: You want to -- OK. All in --
Walter Foeman (City Clerk): Mr. Mayor.
Mayor Carollo: Yes.
Mr. Foeman: We need a seconder on that, and a roll call.
Commissioner Sanchez: Oh, second.
Mayor Carollo: Commissioner Sanchez seconds. Call the roll, please.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-682
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 00-395, AUTHORIZING AN INCREASE IN THE
CONTRACT WITH ARTHUR ANDERSEN LLP FOR CONSULTING
SERVICES FOR THE DEPARTMENT OF INFORMATION
TECHNOLOGY, TO INCLUDE OUT-OF-POCKET EXPENSES IN AN
AMOUNT NOT TO EXCEED $86,250, WHICH REPRESENTS
FIFTEEN PERCENT (15%) OF THE CONSULTING FEE FOR A
TOTAL AMOUNT OF $661,250; ALLOCATING FUNDS THEREFOR
FROM CAPITAL IMPROVEMENT PROJECT NO. 311016.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
119 7/27/00
COMMENTS MADE DURING ROLL CALL:
Mr. Foeman: Roll call. Commissioner Winton.
Commissioner Winton: I'm sorry, what am I doing?
Commissioner Sanchez: On your motion.
Mr. Foeman: On your motion.
Mayor Carollo: Your motion.
Commissioner Winton: Oh, sorry. Yes.
120
7/27/00
48. INCREASE CONTRACT WITH BOB'S BARRICADE, INC., FROM $10,000 TO $25,000 FOR
PROVISION OF BARRICADE RENTAL SERVICES FOR POLICE DEPARTMENT, ALLOCATING
FUNDS FROM POLICE DEPARTMENT'S GENERAL OPERATING BUDGET; FURTHER AMEND
RESOLUTION NO. 98-610 TO REFLECT SAID INCREASE.
Mayor Carollo: Go ahead, Commissioner Gort. You had a question.
Vice Chairman Gort: No, I have a pocket item.
Mayor Carollo: Oh, a pocket item. Go ahead.
Vice Chairman Gort: This is from the Police Department to increase the contract for the barricade rental
services from ten thousand dollars ($10,000) to twenty-five thousand dollars ($25,000). They need
additional barricades because of the different events that are taking place.
Mayor Carollo: Where is the money coming from?
Raul Martinez (Chief of Police): The money for the barricades will come from our general fund budget,
Commissioner.
Mayor Carollo: OK. Was that included in the general fund, Mr. Police?
Maj. Joseph Longueira (Police -Support Services): Mr. Mayor, our contract initially planned in the general
fund budget was for ten thousand dollars ($10,000). But because of all of the things that we've had this
year, we've exceeded that contract, and we need to pay the vendor. And that's what this does.
Mayor Carollo: OK. Mr. Manager, has that also gone through you?
Vice Chairman Gort: Signed by him.
Carlos Gimenez (City Manager): Yes, sir.
Mayor Carollo: OK. That's fine. There's a motion by Commissioner Winton, second by Commissioner
Sanchez.
Commissioner Sanchez: Second.
Mayor Carollo: Any further questions? OK. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
121 7/27/00
RESOLUTION NO. 00-683
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE CONTRACT WITH BOB'S
BARRICADE, INC., FOR THE RENTAL OF BARRICADES FOR THE
DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED
$15,000, FROM $10,000 TO $25,000; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 001000.290201.6.270.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Sanchez, the resolution was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
122 7/27/00
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49. APPROVE PURCHASE AND INSTALLATION OF PARK EQUIPMENT, FURNISHINGS,
SHELTERS AND COURT RESURFACING AT VARIOUS CITY PARKS FROM VARIOUS
VENDORS, FOR DEPARTMENT OF PARKS AND RECREATION, $109,000; ALLOCATING
FUNDS FROM SAFE NEIGHBORHOOD PARKS BONDS AND FROM IMPACT FEES IN CAPITAL
IMPROVEMENT PROJECTS.
Mayor Carollo: Any other pocket items?
Commissioner Regalado: Yes, Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Regalado: I have two. Actually, I have a pocket item and a district issue. Pocket item
from the Parks Department is authorizing the purchase and installation .of park equipment, furnishings,
shelters and court resurfacing. What my understanding is of this issue is that the Parks Department has
found funds in order to buy some equipment and install. These are the playgrounds -- right? -- that we've
been doing.
Albert Ruder (Director, Parks and Recreation): Yes, Commissioner. Albert Ruder. It's shelters, some
court resurfacing and some furnishings. And the money is all coming from either Safe Neighborhood or
impact fees.
Commissioner Regalado: OK. And the Manager has approved this. So I'll move this pocket item.
Vice Chairman Gort: Second.
Mayor Carollo: The motion has been made. It's been seconded. Any further discussion? Hearing none,
all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
123 7/27/00
•
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-684
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT AND INSTALLATION OF PARK
EQUIPMENT, FURNISHINGS, SHELTERS AND COURT
RESURFACING FOR THE DEPARTMENT OF PARKS AND
RECREATION FROM VARIOUS VENDORS, UNDER EXISTING
MIAMI-DADE CONTRACTS NO. 4907-3/98-2 AND NO. 1153-0/01, IN
AN AMOUNT NOT TO EXCEED $109,000; ALLOCATING FUNDS
THEREFOR FROM SAFE NEIGHBORHOOD PARKS BONDS, AS
APPROPRIATED IN ORDINANCE NO. 11748, AS AMENDED, THE
ANNUAL APPROPRIATIONS ORDINANCE, AND CAPITAL
IMPROVEMENT PROJECTS.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
124 7/27/00
•
50. MANAGER TO HAVE CITY CO-SPONSOR "MERCY HOSPITAL MANOLO REYES
DOMINO TOURNAMENT," SCHEDULED FOR SEPTEMBER 9, 2000 AT COCONUT GROVE
CONVENTION CENTER AND WAIVE ALL FEES PERMITTED TO BE WAIVED PURSUANT TO
CITY CODE.
Commissioner Regalado: And another one, Mr. Mayor, is the discussion concerning the Manolo Reyes
Domino Tournament to be held at the Coconut Grove Convention Center. This is sponsored by Mercy
Hospital. And my motion is for the City to co-sponsor this domino tournament. It's going to be free and
it's going to be for the senior citizens of the City of Miami. So that would be my motion for the City of
Miami to co-sponsor the Mercy Hospital Manolo Reyes Domino Tournament. That would be on
September 9, 2000.
Mayor Carollo: What is the total cost of the in-kind for that, Commissioner?
Commissioner Regalado: The total cost, according to the Manager, will be the rental, eight hundred
dollars ($800); the parking, if they charge, two thousand dollars ($2,000); and the cleaning people would
be two hundred and seventy dollars ($270), plus the event personnel, three hundred and fifty ($350). My
understanding is that if the City co-sponsors, the only payment will be for the cleaning people and for the
personnel that the City will not waive, but will not have to pay itself the rental fee. That is what I Was
told.
Mayor Carollo: Yeah. In other words, what you really are asking for is for the City to be a sponsor and
for them to pay only the out-of-pocket expenses that it would cost us.
Commissioner Regalado: Right, right, basically.
Mayor Carollo: Mr. Manager?
Carlos Gimenez (City Manager): Yeah. We agreed that we will waive those fees that we would normally
charge. But in terms of anything that's coming out of pocket, my understanding is that the tournament,
itself, will pay for those.
Mayor Carollo: OK. Is there a second to that motion?
Vice Chairman Gort: Second.
Commissioner Winton: Second.
Mayor Carollo: Second by Commissioner Winton. Any further discussion? Willy, you're the expert in
dominos.
Vice Chairman Gort: I'm all for it.
Mayor Carollo: Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
125 7/27/00
Mayor Carollo: It passed unanimously.
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 00-685
A MOTION INSTRUCTING THE CITY MANAGER TO HAVE THE
CITY OF MIAMI CO-SPONSOR THE "MERCY HOSPITAL MANOLO
REYES DOMINO TOURNAMENT," SCHEDULED FOR SEPTEMBER
9, 2000 AT THE COCONUT GROVE CONVENTION CENTER AND
THEREBY WAIVE ALL FEES PERMITTED TO BE WAIVED
PURSUANT TO CITY CODE.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
126 7/27/00
•
51. AMEND RESOLUTION NO. 97-321 WHICH AUTHORIZED PURCHASE OF BOOTS FROM
LEHIGH SAFETY SHOE COMPANY THROUGH GLOBAL TRADING, INC. OF MIAMI, IRON AGE
CORPORATION, RITZ SAFETY EQUIPMENT, INC. AND SAM MALLEN CO., FOR A ONE-YEAR
PERIOD WITH OPTION TO EXTEND FOR AN ADDITIONAL ONE-YEAR PERIOD, UNDER
EXISTING DADE COUNTY CONTRACT, FOR USE BY VARIOUS CITY DEPARTMENTS,
$58,250.00 ANNUALLY.
Mayor Carollo: Any further pocket items? Commissioner Sanchez?
Commissioner Sanchez: No, I have no further pocket items. Commissioner Regalado, do you have
another pocket item? Do you have another pocket item, sir?
Commissioner Regalado: No.
Commissioner Sanchez: OK. I do have Commissioner's agenda, but I'll wait my turn.
Mayor Carollo: Mr. Manager, do you have a pocket item?
Carlos Gimenez (City Manager): Yes, sir, we do
Frank Rollason (Assistant City Manager -Operations): Frank Rollason, Assistant City Manager. We've
got a resolution that you have in front of you to extend the contract for safety shoes for one year from
Lehigh Boots so that we can purchase the boots through the union contracts as required. And this contract
doesn't automatically extend, and we had to bring that to you to extend it for one year.
Commissioner Sanchez: So move.
Mayor Carollo: There's a motion by Commissioner Sanchez.
Commissioner Winton: Second.
Mayor Carollo: Second by Commissioner Winton. Can you state for the record the amount of dollars
we're talking about?
Mr. Rollason: The total amount is fifty-eight thousand, two fifty for the amount of the contract, and there
are various amounts that come from different account codes, from different departments to buy these
shoes over the life of the contract.
Vice Chairman Gort: Gucci? Gucci boots?
Mr. Rollason: No Gucci boots. No Gucci boots.
Alejandro Vilarello (City Attorney): Mr. Mayor.
Mayor Carollo: Yes.
127 7/27/00
0
Mr. Vilarello: The text of the resolution will have to be amended. There's a typo in it. So for the record,
I just want to note that the resolution will be modified. The caption and the discussion item is exactly the
same.
Mayor Carollo,: So duly noted, Mr. City Attorney. All in favor signify by saying "aye:"
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-686
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 97-321, WHICH AUTHORIZED THE PURCHASE
OF SAFETY SHOES AND BOOTS FROM LEHIGH SAFETY SHOE
COMPANY THROUGH GLOBAL TRADING, INC. OF MIAMI, IRON
AGE CORPORATION, RITZ SAFETY EQUIPMENT, INC. AND SAM
MALLEN CO., FOR A ONE (1) YEAR PERIOD WITH THE OPTION
TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD,
UNDER EXISTING DADE COUNTY CONTRACT NO. 1802-2/99,
FOR USE BY VARIOUS CITY DEPARTMENTS AT A TOTAL
PROPOSED ANNUAL AMOUNT OF $58,250; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NOS. 509000-420901-6-719
($1,500), 422001-421301-6-075 ($16,000), 001000-311301-6-719
($4,500), 001000-311401-6-719 ($2,500), 417000-311501-6-719 ($900),
001000-310301-6-719 ($350), 001000-311002-6-719 ($2,500), 001000-
280601-6-075 ($30,000) AUTHORIZING THE PURCHASE OF SAID
BOOTS PURSUANT TO ANY EXTENSIONS TO THE MIAMI-DADE
COUNTY CONTRACT; FURTHER AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE DIRECTOR OF PURCHASING TO
ISSUE PURCHASE ORDERS FOR SAID ACQUISITION, SUBJECT
TO THE AVAILABILITY OF FUNDS.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
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i
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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
129 7/27/00
52. COMMENTS BY MAYOR CAROLLO FOR CHARTER AMENDMENT DISCUSSION --
TIME CERTAIN OF 5:00 P.M. (See #13,44,93).
Mayor Carollo: Any further pocket items?
Carlos Gimenez (City Manager): No, sir.
Mayor Carollo: No further pocket items. Mr. --
Commissioner Regalado: Mr. Mayor, I'm told that Commissioner Teele has three pocket items, but he is
at the MPO (Metropolitan Planning Organization) meeting, and he's on his way. He's asking whether he
can do this after the PZ (Planning and Zoning) meeting.
Mayor Carollo: Of course. I mean, if he's not here, he can certainly do that. If I could ask for the record,
Mr. Vice Chairman, the two items that I was going to be bringing up today on the Off -Street Parking and
on the slip, do we have a time certain that we said we would bring it back in the afternoon or -- ?
Vice Chairman Gort: They were asking and we told them five o'clock.
Mayor Carollo: OK. If I may request from the members of the Commission that if we could deal with
this as quickly as possible right around 5:00.
Vice Chairman Gort: We'll try to get it as soon as we can, a quarter to 5:00, 4:30, if possible, if we have
all parties here.
Mayor Carollo: Great. If we could do it about that time --
Vice Chairman Gort: Yeah.
Mayor Carollo: -- we could begin with one, the less controversial one and then go to the other one.
Vice Chairman Gort: Okie doke.
Mayor Carollo: Thank you. I have work to do upstairs, so I'll leave you all till about that time.
Vice Chairman Gort: OK.
Mayor Carollo: Thank you.
Vice Chairman Gort: Thank you.
130 7/27/00
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53. DISCUSSED: PROPOSED AMENDMENT TO SECTION 4-2,4-7, AND 4-11 OF CITY CODE
ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," TO LIMIT HOURS PACKAGE STORES
MAY SELL ALCOHOLIC BEVERAGES -- PANHANDLERS.
Vice Chairman Gort: We still have to finish some of the Commissioners items. Commissioner Sanchez, I
think you had an item to do.
Commissioner Sanchez: Thank you, Mr. Chairman. My items are -- one is a resolution -- an ordinance
that I will just bring it up for discussion today. I will not present it, because, one, I feel that it's going to
require public input. The other, what I wanted to do now is bring it up for discussion is that I have
focused in previous Commission meetings on what I consider the improvement of quality of life issues in
our community. And this is one that continues to be a problem in my district, as well as throughout the
City. And that is after hours, late into the night, people buying beer, and liquor, and creating what I
consider to be a bad atmosphere in our community. This ordinance, which it is just under discussion
today, and I will bring it back after I sit down with the Chief of Police and I sit down with the Legal
Department, and see if we can create some meeting, public hearings on it. It's pertaining to the limit of
hours a package store may sell alcoholic beverages, and to provide for a delete definition related to
package stores. Now, the reason I bring this up is I have received several, many, many complaints in my
district of late at night, people going to places and buying alcoholic beverages, and sitting in front of a
store and drinking. And I know that that could easily be addressed by police officers passing by and
probably making a warning for after-hours trespassing or solicitation in a business. However, as we talk
about quality of life issues -- and this is just one that I brought. I've brought many, such as the continuing
problem that we have with panhandlers in our community. And I will bring something else to this
Commission in the September meeting, the 14t", which will be asking the Manager to put together a group
of whoever wants to go up there, including myself, any Commissioner or staff members, the City Manager
and the Police Chief to go to New York and study what I consider one of the nation's top programs that
has cleaned New York up and that was Guiliani's program of the zero tolerance that we could probably
implement down here, also, to improve on the quality of life issues in Miami. I would like at this time to
direct the City Manager and the Chief of Police to sit down and let's have a meeting on how we could
address this. Also, I would like the City Attorney to join us, to find ways that we could either, one,
implement this ordinance, if so needed or find ways to target these specific sites in my district, as well as
throughout the City that continue to be a problem. So that is one of the items, which I just want to bring it
up for discussion. And I will not present the ordinance, which would have been first reading.
131 7/27/00
54. DISCUSSION CONCERNING GIFT OF SCULPTURE FROM RAMON LAGO TO CITY
RIVERSIDE PARK.
Commissioner Sanchez: Now, the other pertains from a discussion concerning the gift of a sculpture from
Ramon Lago to the City of Miami Riverside Park. I believe he is not here today, but anyway, that should
have gone over to the Cultural and Arts Committee that should review that. And also, it should be
reviewed by the Planning and Zoning, also. The park should have its recommendation, being that it's
being placed in a park. The other that I may -- now that we're talking about --
Vice Chairman Gort: Excuse me, Commissioner Sanchez.
Commissioner Sanchez: Yes.
Vice Chairman Gort: Is that the park right behind (inaudible)?
Commissioner Sanchez: It's -- yes, Riverside.
Vice Chairman Gort: That statue is already there.
Commissioner Sanchez: Well --
Vice Chairman Gort: All they need to do is modify it, because the one that was established there was
broken. And what they'd like to do is replace that one, from my understanding. But already, the Parks
already passed that about a year -- was it a year ago that we passed it?
Commissioner Sanchez: No, I think this is now -- Commissioner Gort, I think is something different. I
think it is something different.
Albert Ruder (Director, Parks): It was vandalized. Albert Ruder, Parks Department. The statue or the
little monument and the plaque were vandalized, and now it's being replaced.
Commissioner Sanchez: Al, before you go any further, I -- the gentleman is here. Would you like to
elaborate and explain? Is it the same one or is it another?
132 7/27/00
Eloy Garcia: No. Eloy Garcia, Miami Fire Fighters Local 587, (inaudible), 2980 Northwest South River
Drive. This monument was built and it was damaged severely, to a point that it's no longer there by
someone in an altered mental status. And the fire fighters, along with Vecinos en Accion are rebuilding
this monument. And hopefully, we'd like to have it done by August 19th, when I think there's a memorial
service of a young child. And the sculpture is being donated by a sculptor in the private sector, and we're
doing all the rebuilding for it. I mean, this is a beautiful project. There are several public agencies
working together along with the private sector, and it's something that's really nice.
Vice Chairman Gort: The only reason I brought it up, Commissioner, is to save you some time. The
permit is there. It's already in existence. All you're doing replacing it.
Commissioner Sanchez: OK. That's fine then. Al, all that I suggest is the Parks Department work with
you to get it done.
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55. ACCEPT DONATION FROM KIWANIS CLUB OF LITTLE HAVANA FOR HOLIDAY
DECORATIONS FOR CALLE OCHO AT AN ESTIMATED WORTH OF $40,000.
Commissioner Sanchez: Also, since we're on this discussion of gifts and donations, I would like to ask
the City Attorney to prepare a resolution accepting the donation of holiday decorations from the Kiwanis
of Little Havana, an estimated value of approximately forty thousand dollars ($40,000) for the decorations
of Calle Ocho for the September 14th Commission meeting, so we could go on and accept that donation.
Alejandro Vilarello (City Attorney): You could adopt that resolution and I can prepare it after your
motion carries.
Commissioner Sanchez: OK. Motion to accept the donation.
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-687
A MOTION ACCEPTING DONATION FROM KIWANIS OF LITTLE
HAVANA FOR HOLIDAY DECORATIONS FOR CALLE OCHO AT
AN ESTIMATED WORTH OF $40,000.
(Here follows body of the 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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Sanchez: That basically does it for my Commissioner items. Thank you.
134 7/27/00
•
•
56. DISCUSSION CONCERNING MANAGEMENT OF TOWER THEATER (See #41).
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: I'm done.
Vice Chairman Gort: OK.
Commissioner Regalado: Oh, by the way, I don't know if you all did something about the Tower. I saw it
on the -- on the discussion items, and I wasn't here probably.
Commissioner Winton: Didn't we postpone the Tower discussion for him to get back?
Vice Chairman Gort: Yeah.
Commissioner Winton: We postponed that, so we can bring it back.
Commissioner Regalado: Oh. Whenever you want to bring it back.
Commissioner Sanchez: You want to bring it up? Mr. City Attorney, do we -- could we bring that item
back up since he wasn't here, the Tower Theater?
Alejandro Vilarello (City Attorney): If I can briefly -- The discussion generally was that they agreed to
continue to operate through August and September, and that the administration would bring it back, I
assume, in September, with a finally negotiated agreement.
Carlos Gimenez (City Manager): I was also given the authorization to give them consideration for the
utility cost.
135 7/27/00
57. COMMENTS BY COMMISSIONER REGALADO REGARDING THE SERIOUS FLOODING
PROBLEM ON 62ND AVENUE AND FLAGLER STREET.
Commissioner Sanchez: OK. All right. Moving along, any other items, Commissioner items? If there's
none, could we go ahead and --
Commissioner Regalado: On --
Commissioner Sanchez: Commissioner Regalado, you're recognized.
Commissioner Regalado: Just a brief comment. Mr. Manager, I have your. memo on the flooding on
Southwest 62nd Avenue and West Flagler Street. I know that this Flagler is a state road, and that we have
a project for the fall of 2001. But I'm telling you, I don't know if you have seen -- if you saw on Channel
7, on Channel 10 the day of the rains, the heavy rains. The only pictures that they showed was Flagler and
62nd. And the houses on the northwest area, that is Is' Street, were flooded completely, completely. There
were about five to six houses that water reached inside the garden, back yard, inside. They don't know
what to do. And I don't know what to say. And I know that's a major project. But is there anything that
we can do in order -- because the rains are -- keep coming.
John Jackson (Director, Public Works): Yes. Commissioner, John Jackson, Director of Public Works.
We are attacking this in two ways. First of all, we have a contractor that's going to clean the existing
system out there. That activity is underway right now. For a long-range and a future project to correct the
problem, we have that planned for next year. It will not be until 2001 until we can get that project going.
But we believe that by cleaning the existing system there should get us through, through this year. We
know we've had some problems. Any problem, blockage problem that we identify, we'll immediately dig
those up. We have several local contractors working so we can take care of anything that we find while
the cleaning activity is going on right now.
Commissioner Regalado: Has FDOT (Florida Department of Transportation) been advised or is part of
this? I mean, are they sharing the cost or would they do that?
Mr. Jackson: Well we --
Commissioner Regalado: Because the actual flooding begins in Flagler, and then it goes through 62nd to
Northwest 1St and 62nd, between Northwest Is' and 2nd
Mr. Jackson: Yes. We are in contact with them. Our systems are supposed to be not linked together.
And I say "supposed to be," because if we find any that are tied to FDOT's drainage system, then we will
be taking care of that. But, you know, we just have to work through the system as we're cleaning and try
to identify any blockage areas.
Commissioner Regalado: Thank you.
136 7/27/00
58. RECONSIDER PRIOR VOTE TAKEN -- AUTHORIZE MANAGER TO EXECUTE
AMENDMENT NO. 3 TO MANAGEMENT AGREEMENT FOR MELREESE GOLF COURSE
BETWEEN CITY BUNKERS OF MIAMI, FOR PURPOSE OF GRANTING EXTENSION OF EIGHT
MONTHS FROM DATE COMMISSION APPROVES ."SPECIAL EXCEPTION," BUT NO LATER
THAN ONE YEAR AFTER EXECUTION OF AMENDMENT NO. 3, TO OBTAIN ALL PERMITS
AND COMPLETE CONSTRUCTION OF NEW CLUBHOUSE, AND ALLOW BUNKERS OF MIAMI
TO CHANGE FROM A FISCAL YEAR TO A CALENDAR YEAR, COMMENCING WITH YEAR
2000 (See #27).
Commissioner Sanchez: All right. Any other items? Mr. City Attorney, could we move over to PZ
(Planning and Zoning) items?
Joel Maxwell (Assistant City Attorney): Yes, sir. It was advertised for 2 o'clock. We can take it up now
if you want to.
Vice Chairman Gort: Wait a minute. I'm sorry. Before we go into PZ items, I have a request. Charles
DeLucca wanted to -- I understand he was informed about the changes which he did not, agree 100 percent
on them, and he asked us if we'd reconsider.
Commissioner Sanchez: I believe he may be out there.
Mr. Maxwell: Melreese.
Commissioner Sanchez: Mr. Vice Chairman, I know that we have -- he did show some concerns about the
decision made here today, or the --
Vice Chairman Gort: My understanding was that the decision taken today here said that he had to be
completed within eight months as of today that -- from the day of the permit.
Lori Billberry (Director, Asset Management): Correct. Of the special exception and not the building
permit. And that was one of the changes he wanted. Unfortunately, he was not here at the time that the
item came up.
Vice Chairman Gort: OK. So my understanding is instead of from today, eight months from the date that
they have the permit.
Ms. Bilberry: That was what -- That is what he would like, yes.
Vice Chairman Gort: Was that the way the motion was -- that was not the way the motion was passed.
Ms. Bilberry: No. The motion that was before you was eight months from the special exception.
Vice Chairman Gort: What was the other -- ?
Ms. Bilberry: He wanted to not have audited financial reports. And we --
137 7/27/00
Vice Chairman Gort: Well, that, my understanding is audited financial reports will come out at the cost of
the City. My understanding is they do have financial reports that they do for the board of directors or
whatever.
Ms. Bilberry: We are proposing that they provide audited financial reports at their expense.
Vice Chairman Gort: OK.
Ms. Bilberry: And that is the way it was adopted.
Vice Chairman Gort: OK. The original contract, also, at the same time, we didn't request that from the
original contract?
Ms. Bilberry: The original document said we had the right to audit, but it did not require audited reports.
Vice Chairman Gort: OK. From now on, we have to make sure in the contract that's the number one, it
has to be in any contract that the City has.
Ms. Bilberry: That's correct.
Vice Chairman Gort: Because that's the only way that we have to really see if --
Commissioner Sanchez: Mr. Gort.
Vice Chairman Gort: Yes.
Commissioner Sanchez: Mr. Chairman, if I could read that. This is -- and I bring it back. This is exactly
the argument I made when we talked about different -- the marina deal and these deals, whether the City
agrees with the company or the -- whoever is leasing the property, there's an agreement made. You know,
one of the things that we cannot continue to do is along the way to change the rules. And that is
something that I get complaints. I'm sure the Commissioners do, when they say, well, you know, that
wasn't in the original agreement that we made. And you know, at least -- We're making a change here
because of a different administration. I would like to see that we don't go back to making the same
mistakes that we were making in the past. And believe me, you don't get the complaints. It comes to us.
We get phone calls. And I'm sure that the City Manager also gets complaints on it. But that is -- that's
one of the concerns that we had in the past. Hey, you know, along the way, they change the rules, and
they're always putting obstacles in our way. And it continues to be a problem.
Vice Chairman Gort: OK. Could we reconsider 19 in order to -- we need to make that amendment?
Alejandro Vilarello (City Attorney): If you want to make any changes --
Vice Chairman Gort: Do I have a motion to reconsider item 19? Melreese.
Commissioner Sanchez: Motion to reconsider? So move.
138 7/27/00
Vice Chairman Gort: Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Move. OK. My understanding is that the change to be made is the --
Ms. Bilberry: He would like the two changes. One, that it be from eight months from a building permit,
but still not to exceed one year from execution, Amendment 3. The other one is that he does not want to
provide audited reports, which is something we are not recommending.
Commissioner Sanchez: No, wait, wait. We moved to reconsider. We didn't vote on it, Willy. We have
to vote now. So we moved to reconsider, and now we're going to vote on it.
Commissioner Winton: Right.
Commissioner Sanchez: And now we're going to vote on it.
Vice Chairman Gort: We already did.
Commissioner Sanchez: No, we did not vote on it. No.
Vice Chairman Gort: All in favor -- one more time. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
139 7/27/00
0
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-688
A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON MOTION
00-665, WHICH HAD AUTHORIZED THE EXECUTION OF
AMENDMENT NO. 3 TO THE MANAGEMENT AGREEMENT FOR
THE MELREESE GOLF COURSE WITH BUNKERS OF MIAMI,
INCLUDING THE PROVISION FOR: (1) THE EXTENSION OF AN
EIGHT-MONTH PERIOD FROM THE DATE COMMISSION
APPROVES THE SPECIAL EXCEPTION, BUT NO LATER TI4AN
ONE YEAR AFTER FULL EXECUTION OF AMENDMENT NO. 3, TO
OBTAIN ALL BUILDING PERMITS AND COMPLETE
CONSTRUCTION OF NEW CLUBHOUSE AS EVIDENCED BY A
CERTIFICATE OF OCCUPANCY; AND (2) ALLOWING BUNKERS
TO CHANGE ITS FINANCIAL REPORTING OBLIGATION FROM A
FISCAL YEAR TO A CALENDAR YEAR, COMMENCING WITH
THE YEAR 2000.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: OK. Now we're amending.
Commissioner Sanchez: Now reconsider.
Commissioner Winton: At least from my viewpoint, there seems to be rationale for the first request,
which was to start the clock ticking from the date of permit, but not to exceed a year. So that seems to me
to be rational and fair. The idea of no audited financial statement I don't like at all.
Vice Chairman Gort: Right. OK. Do I have a motion?
Commissioner Winton: A motion to accept only the first proposal, which is related to the time frame to
complete the project.
140. 7/27/00
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. Moved and seconded. Further discussion? Being none; all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-689
A RESOLUTION (PENDING)
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Sanchez: OK. We would have to close this. We would have to close the -- recess?
Mr. Vilarello: You're going to have to recess the regular meeting.
Commissioner Sanchez: OK. We recess the regular meeting and we'll go into PZ items.
Note for the Record: At 3:37 p.m., the City Commission closed consideration of the regular portion
of the agenda to consider items from the Planning. and Zoning portion of the agenda, with all
members of the Commission, excepting Commissioner Teele and Vice Chairman Gort, found to be
present.
141 7/27/00
0 •
59. OFFICIAL CLOSURE OF PORTION OF 15' ALLEY BETWEEN PEACOCK AVENUE AND
SHIPPING AVENUE WEST OF S.W. 37TH COURT AND PORTION OF SHIPPING AVENUE
BETWEEN S.W. 37TH COURT AND S.W. 3ST11 AVENUE (Applicant(s): Adrienne F. Pardo, Esquire,
for Pedro Hernandez, Sr., Assistant to County Manager)..
Commissioner Sanchez: PZ (Planning and Zoning) Item number 1. Who's the applicant?
John Jackson (Director, Public Works): It's Miami -Dade County.
Adrienne Pardo, Esq.: Dade County.
Commissioner Sanchez: OK. State your name for the record, please.
Ms. Pardo: Hello. My name is Adrienne Pardo with law offices at 1221 Brickell Avenue.
Commissioner Sanchez: OK. Anyone in opposition to this PZ item? Hearing none, any questions from
the Commission? Planning and Zoning Department -- Public Works Department approves. Plat and
Street Committee approves. Board of Zoning recommends approval to City Commission on a vote of
eight to zero. Is there a motion to approve?
Commissioner Winton: Move it.
Commissioner Sanchez: Moved by Commissioner Winton. Is there a second?
Commissioner Regalado: Second.
Commissioner Sanchez: Second by Commissioner Regalado. Open for discussion. Hearing none, all in
favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposing has the same right. Hearing none, it passes unanimously.
142 7/27/00
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-690
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), CLOSING, VACATING, ABANDONING AND
DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC
RIGHT-OF-WAY, BEING A FIFTEEN FOOT ALLEY RUNNING
PARALLEL AND BETWEEN PEACOCK AVENUE AND SHIPPING
AVENUE, WEST OF SOUTHWEST 37TH COURT AND A PORTION
OF SHIPPING AVENUE BETWEEN SOUTHWEST 37TH COURT AND
SOUTHWEST 38TH AVENUE, MIAMI, FLORIDA, AS LEGALLY
DESCRIBED IN "EXHIBITS A AND B," ATTACHED HERETO AND
MADE A PART HEREOF.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT:' Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
143 7/27/00
60. OFFICIAL CLOSURE: PORTION OF S.W. 37TH COURT BETWEEN 37 T' AVENUE AND
S.W. 38TH AVENUE NORTH OF SHIPPING AVENUE, CLOSURE OF 15' ALLEY BETWEEN S.W.
37TH COURT AND S.W. 37TH AVENUE NORTH OF SHIPPING AVENUE AND PORTION OF
SHIPPING AVENUE BETWEEN S.W. 37TH AVENUE AND S.W. 3STH AVENUE, AND PORTION OF
15' ALLEY BETWEEN `PEACOCK AVENUE AND SHIPPING AVENUE, WEST OF S.W. 37TH
COURT (Applicant(s): Adrienne F. Pardo, Esquire, for Pedro Hernandez, Sr., Assistant to County
Manager).
Commissioner Sanchez: Moving on to PZ (Planning & Zoning) Item Number 2. PZ item number 2 is a
request for official vacation and closure, da -da -da -da.
Commissioner Regalado: It's the same.
John Jackson (Director, Public Works): This is still Miami -Dade County. ,
Commissioner Sanchez: It's the same one, a companion?
Joel Maxwell (Assistant City Attorney): Companion to 1.
Commissioner Winton: Move it.
Commissioner Sanchez: OK. It also -- Public Works approves. Plat and Street approves. Zoning Board
recommends approval, eight to one. Is there a motion to approve PZ item, which is a companion, PZ -2?
Commissioner Winton: So move.
Commissioner Sanchez: Moved by Commissioner Winton. Is there a second?
Commissioner Regalado: Second, second.
Commissioner Sanchez: Second by Regalado. Open for discussion. Hearing none, all in favor, say
«aye „
The Commission (Collectively): Aye.
Commissioner Sanchez: Anyone opposed has all the same rights. It passes unanimously.
144 7/27/00
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-691
A RESOLUTION OF THE MIAMI, CITY COMMISSION, WITH
ATTACHMENT (S), CLOSING, VACATING, ABANDONING AND
DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC
RIGHT-OF-WAY, BEING SOUTHWEST 37TH COURT, RUNNING
PARALLEL AND BETWEEN SOUTHWEST 37TH AVENUE AND 38TH
AVENUE NORTH OF SHIPPING AVENUE, AND A FIFTEEN FOOT
ALLEY RUNNING ACROSS DIAGONALLY BETWEEN
SOUTHWEST 37TH COURT AND SOUTHWEST 37TH AVENUE
NORTH OF SHIPPING AVENUE, AND A PORTION OF SHIPPING
AVENUE BETWEEN SOUTHWEST 37TH AVENUE AND
SOUTHWEST 38TH AVENUE, AND A PORTION OF THE FIFTEEN
FOOT ALLEY RUNNING PARALLEL AND BETWEEN PEACOCK
AVENUE AND SHIPPING AVENUE, WEST OF SOUTHWEST 37TH
COURT, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN
"EXHIBITS A, B, C, D AND E," ATTACHED HERETO AND MADE A
PART HEREOF.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Commissioner Sanchez: Thank you so much.
Ms. Pardo: Thank you very much.
Commissioner Sanchez: Have a good time in your trip. Hope you can make it to the plane.
145 7/27/00
61. DENY APPEAL OF ZONING BOARD DECISION WHICH DENIED VARIANCE FROM
ORDINANCE 11000, ZONING ORDINANCE OF THE CITY OF MIAMI, SECTION 924.1.3,
LIMITATIONS ON LOCATION AND EXTENSION OF DOCKS AND PIERS IN RESIDENTIAL
DISTRICTS, TO ALLOW A SIDE YARD SETBACK OF 2'0" (10'0" REQUIRED) FOR DOCKS FOR
PROPERTY LOCATED AT APPROXIMATELY 3501 ANCHORAGE WAY (Applicant(s): Eduardo R.
Lacasa, Esquire).
Commissioner Sanchez: PZ (Planning & Zoning) Item number 3. PZ item number 3. Applicant,
Elizabeth Aguilera.
Joel Maxwell (Assistant City Attorney): This item comes back to you on reconsideration, upon your
motion to reconsider from the last meeting, Commissioners.
Lourdes Slazyk (Assistant Director, Planning and Zoning): For the record, Lourdes Slazyk, Planning and
Zoning Department. PZ -3 is an appeal of a variance that was denied by the Zoning Board. Planning and
Zoning Department also recommends denial of the appeal and denial of the variance. This is in order to
allow an extension of an existing dock for a single-family residence. The proposed extension does not
comply with the setback requirements. The variance issue is related to hardship. And in the hardship
criteria, basically, if you are already obtaining reasonable use of your property, you can't claim that you're
being denied reasonable use by requesting something in particular. There is already a dock on this
property. You know, the applicant is obtaining reasonable use of this property. He has a dock. It's there.
The extension is completely self-imposed. There is no hardship attached to the requested extension. We
therefore recommend denial.
Commissioner Sanchez:. OK. Before we go any further, is there anyone here to speak on any of the PZ
items? Please stand up to be sworn. Mr. City Clerk.
NOTE FOR THE RECORD: AT THIS POINT, THE CITY CLERK ADMNISTERED OATH,
REQUIRED UNDER CITY CODE SECTION 62-1, TO THOSE PERSONS GIVING
TESTIMONY ON ZONING ISSUES.
Commissioner Sanchez: OK. Is the City done with their --
Ms. Slazyk: Yes.
Commissioner Sanchez: Sir, you have the floor.
Eduardo Lacasa: Good afternoon. Eduardo Lacasa with offices at 701 Briekell Avenue. I represent the
applicant. With me here today is Max Larking, who is from Dock and Marine. He will testify as an
expert. This application was originally filed by my client representing himself, and he brought it as a use
variance. Whereas under the Code, Section 924, together with the adjoining landowner, he could have
brought it as a special exception, thereby obviating the need to demonstrate an unusual hardship. My
argument is two -prong. One, that it would be appropriate to consider this as if it were a special exception.
Two, in the event that were not the case, as a use variance, it does meet all the criteria of hardship and
uniqueness that would cause it to be appropriate for approval. Essentially -- I'm handing out what is
derived from the survey. And this dock is in existence today. The portion I'm pointing to extends 35 feet
146 7/27/00
into this very small basin. This basin is shared by only two people, my client, Noel Aguilera and his wife,
who own this property and -- thank you -- and Alonzo Mourning, who owns this property. In the handout
which is being circulated, Mr. Larson wrote the number of feet that would be accessible for ingress and
egress on this property in the event that the dock which is -- this is what has to be extended. This green
section here is what we're proposing to extend. This green and yellow section is what's in existence. If
he were allowed to build this extension to buffer him from the rocks which are along this jetty, that would
protect him from the rocks which his vessel was, you know, caused in the past to crash into these rocks
because of the tides and currents that flow through this opening. Additionally, he needs to have his vessel
on this side, because the number of feet between this point and this point is 48 feet. Whereas if he were
not allowed to have this extension which essentially buffers him from the rocks, he would have to have his
vessel on this side in order to be buffered, in which case, there would be 10 less feet for ingress and
egress. Alonzo Mourning has filed a letter with Public Works, which I'm putting in the file indicating that
he has no objection to --
Vice Chairman Gort: Counsel, let me ask you a question. What is south of your proposed extension?
Mr. Lacasa: South?
Vice Chairman Gort: South of the proposed extension.
Mr. Lacasa: This is Biscayne Bay.
Vice Chairman Gort: Right.
Mr. Lacasa: To the south. This is a basin, which is --
Vice Chairman Gort: Right. I understand. I'm looking at the pictures I have here.
Mr. Lacasa: Right.
Vice Chairman Gort: OK. You pointed north, that way. So I'm figuring out the green --
Mr. Lacasa: North -- OK.
Vice Chairman Gort: The extension.
Mr. Lacasa: This is Carrollton.
Vice Chairman Gort: Go to the extension.
Mr. Lacasa: Yes.
Vice Chairman Gort: OK. What's south of that?
Mr. Lacasa: This is Carrollton right here. Right here is water. This is another basin, Carrollton's basin.
147 7/27/00
Vice Chairman Gort: OK. OK.
Mr. Lacasa: Where they just built docks themselves.
Vice Chairman Gort: So in other words, the difference in the setback is because instead of being next to a
lot, it's next to the water.
Mr. Lacas: Yes.
Vice Chairman Gort: But we're following the same rule as --
Ms. Slazyk: Yeah, they have to follow the setback rules of a single-family residence. And just for the
record, to clarify, the special exception could have been obtained for this only if the adjacent property
owner had joined in the application, because then the setback gets waived if both property owners request
together. Alone, he has to do it as a variance, because he's infringing on the setback.
Vice Chairman Gort: OK. Thank you. Sorry. Go ahead.
Mr. Lacasa: So in this case, had it been brought as a special exception, no doubt, we would have had no
problem getting Alonzo Mourning to agree to it. This application is brought in part to help Alonzo
Mourning, who has complained that a vessel moored here, Mr. Aguilera's existing vessel moored here
extends so far -- so close to the seawall that he is -- his ingress and egress is impeded. And his only
remedy would be to file a lawsuit to seek an easement by way of necessity, in which case, Alonzo
Mourning would -- Noel Aguilera would have to, by law, remove his vessel, which constitutes a hardship;
a hardship for himself, and a hardship for his neighbor, whoever happens to live there at the time.
Commissioner Winton: Where is the -- I'm not sure I understand where the two -foot -- show me where
the two -foot --
Ms. Slazyk: The setback requirement?
Commissioner Winton: Setback spot is.
Ms. Slazyk: OK.
Commissioner Winton: It's right there. So it is on there.
Ms. Slazyk: Yeah. If you extend the property line out into the bay, you're supposed to have the same
setback out on your dock as you would on the side of your property line.
Commissioner Winton: So who is the adjoining property owner that would have to have joined in this
request if it were -- if he were looking for --
Ms. Slazyk: It appears it would have had to have been Carrollton, because that's the side that --
Commissioner Winton: As opposed to Alonzo Mourning.
148 7/27/00
Ms. Slazyk: I thought -- Well, if looks to me like the dock is on the Carrollton side.
Commissioner Winton: Right.
Mr. Lacasa: That's correct.
Ms. Slazyk: Yeah. So Carrollton would have had to have joined in.
Commissioner Winton: So why didn't you get Carrollton to join in and come by that vehicle, as opposed
to the way you're trying to get here now?
Mr. Lacasa: Well, Carrollton did sign it and I filed it with the Clerk. Carrollton did sign a letter stating no
objection. And I have no doubt that they would have been happy to join, because when they went to their
dock, my client had no objections and supported their dock, which was recently done.
Commissioner Winton: I have huge reservation to overturning a decision of both the board and our staff.
And they have -- in fact, I don't think I've recommended since I've been here overturning the
recommendation of the board and our staff. And so I'm not at all enthusiastic about doing that in this
instance, either. And so unless -- and they typically do this for pretty darn good reasons. And they have
the time to sit and think through this. And so I'm not anxious, unless there is some new information here
that I'm missing, to overturn those two recommendations.
Vice Chairman Gort: Let me ask a question. This might help. My understanding is the reason that we
have setbacks is to keep buildings from being built real close to each other, and to keep the corridor an
open area. My understanding is the setback in this is to an open area. It's not to a facility where a
building can be placed. Am I correct?
Ms. Slazyk: It's a setback in the water, yes. But it's for the same reasons though. In the water is the
same reasons, yeah.
Vice Chairman Gort: I understand it's for the same reason, but there's no building that can be built on the
water.
Ms. Slazyk: Right.
Commissioner Winton: No. But there's an adjoining property owner who may have their own boat needs
when you get down the road. So.
Vice Chairman Gort: Yeah, he might be able to put his boat like that.
Ms. Slazyk: Yeah. See, the reason of this claim by the Zoning Board in here is that there's rocks on that
edge. And the way that the tides flow in, the boat hits up against the rocks. You get damage to your boat
and that sort of thing. But there's other things you can put in the water to protect the boat from banging
into rocks. To do, you know, another dock beyond the setback is not necessarily the only solution.
149 7/27/00
Commissioner Winton: Well, and so let me get at that part: It seems to me that because there is some
logic here, there aren't people here in opposition to it, but we've had some professionals look at this who
are in opposition. It seems to me that what you all really need to do is get back together again and talk
about the various alternatives, including coming through this other vehicle that you're talking about. I
don't know if staff's in opposition or -- with support -- what is it? The variance instead of the --
Ms. Slazyk: A special exception.
Commissioner Winton: A special exception I mean.
Ms. Slazyk: What we do is when two property owners come in together and say they want a special
exception for a dock, you know, . they're going to abut each other to kind of do a common dock, we look
for some kind of a covenant or agreement, because neighbors change.
Commissioner Winton: Right.
Ms. Slazyk: And neighbors may not like each other, you know, in the future. And all of a sudden, they're
stuck sharing a dock. So we look for some kind of an agreement, something recordable.
Commissioner Winton: And would staff be opposed if this came through a special exception method, as
opposed to --
Ms. Slazyk: Well, we'd have to see the plans and how it's executed. I don't like to answer that without
seeing --
Commissioner Winton: And I understand that exactly. So I think there might be a way to get this done so
that you get both the board and the staff on board. And so I'd recommend that you go back so that we can
come -- so that we can revisit this issue again.
Mr. Lacasa: The problem with that is the cost. In this case, my client, as I said, was representing himself.
He got bad advice and went this route. Certainly, it would have been easier to file it as a special
exception. But he's filed an application which cost him over five thousand dollars ($5,000). And if he
were to come back and refile it as a special exception, you'd have another application fee. So it's unfair to
have to have him go back to the very long drawn out process and the expense when the information that
he received was incorrect and prompted him to go forward in this fashion. Whereas you have --
Commissioner Winton: Information he received from whom?
Mr. Lacasa: Staff. Somebody at the department told him to go this route. Someone in the department
told him to go this route. And he was on his own, so he didn't know.
Ms. Slazyk: Well, the only thing I can answer to that is if someone comes in and asks, "How can I build
this dock?" and it's a single property owner, it's not crossing property lines for two people, the logical
answer would have been, "You have to get a variance." If he were to come in and said, "Hey, my
neighbor and I want to build a dock," you know, then the logical answer would have been the other one.
150 7/27/00
But when a single entity comes in and asks that question -- I don't know who he spoke to -- it would
appear to me that the logical answer is, "If you want to do this, you need a variance," you know.
Mr. Lacasa: I think that also, with regards to what Ms. Slazyk said about alternatives, in, Section 924, the
only viable alternatives all require a special exception. That's any types of catwalks, walkways, posts.
Everything that would serve to buffer him from the rocks would also require him to come back. So the
fact is that this does meet the criteria for an unusual hardship. And we had a six to three vote. The Zoning
Board was split six to three on this, and indicated that they did not want to set a precedent. No precedent
will be set in this case, because as Max Larson, who has got 36 years of experience in marines and docks
in this community, and is intimately familiar with the coastline of the City of Miami and Dade County, he
will come up here and he will tell you. He will give you his credentials. He'll tell you this is unique in all
of Dade County. There is no basin which, number one, only serves two homeowners; and number two,
has the opening to the basin on one side as opposed to in the middle. So this is unique. No precedent can
be established, because no one else other than these two homeowners can come before you --
Commissioner Winton: I've been in too many interesting situations with lawyers to believe for a minute
that a lawyer couldn't argue that a precedent hasn't been set, because one will. And we've been through it
too many times. I'm sorry. I think there is a risk there for the City. I think the precedent issue is very
relevant. And I'm going to move to accept both the Zoning Board and the staff's recommendation of
denial. And I will further encourage you and your client to come back through the special exception
route, which doesn't then put us at risk, and we can get this done the right way.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Sanchez: Johnny, being that's your district, I'm going to respect your district and second
it.
Vice Chairman Gort: Further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
151 7/27/00
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-692
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), DENYING THE APPEAL, AFFIRMING THE
DECISION OF THE ZONING BOARD, THEREBY DENYING A
VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9,
SECTION 924.1.3, LIMITATIONS ON LOCATION AND EXTENSION
OF DOCKS AND PIERS IN RESIDENTIAL DISTRICTS, TO ALLOW
A SIDE YARD SETBACK OF 2'0" (10'0" REQUIRED), FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3501 ANCHORAGE
WAY, MIAMI, FLORIDA.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
152 7/27/00
Vice Chairman Gort: PZ -4.
Mr. Clark Turner: For the record, Clark Turner, Planning and Zoning Department. I
passed out a map to you that is a replacement for the map that you had in PZ -4, which
was an earlier version. This is an updated version. PZ -4 is a companion to the following
item, PZ -5. PZ -4 authorizes — is a resolution authorizing the City Manager to execute a
stipulated settlement agreement with the City of Miami and the State of Florida
Department of Community Affairs to correct a defect in an amendment to the Miami
Conference Neighborhood Plan, adopted by the City Commission last November, that
deals with urban infill. Upon review of that amendment by the Department of
Community Affairs, it was their opinion that it was. not consistent with the Miami
Conference Neighborhood Plan or the State of Florida Land Use Plan and, therefore, they
filed an objection. The execution — the passage of this resolution would authorize the
City Manager to enter into the stipulated settlement correcting that defect. Essentially,
the defect was that all of the City of Miami was included in an urban infill area and that
includes, of course, the islands in Biscayne Bay. DCA's (Department of Community
Affairs) opinion was that the barrier islands, which they intended to include Watson
Island and Virginia Key, although only Virginia Key is truly a barrier island, DCA felt
that both Virginia Key and Watson Island should not be included in the urban infill area.
We have no problem with that, and this.amendment corrects that objection by DCA. We
also included all of the uninhabited islands in Biscayne Bay that have conservation
zoning designation.
Vice Chairman Gort: OK. What would that prohibit us from doing in either Watson
Island or Virginia Key?
Mr. Joel Maxwell (Assistant City Attorney): Well, Commissioners -- first of all, if I may,
there are two items before you. As pointed out, they are companion items. The first one
deals with the settlement or settlement of a lawsuit that's been filed by DCA. It simply
authorizes — approves of and authorizes the City Manager to enter into the agreement.
The actual legislation, which would implement that agreement, is the next item, is PZ -5.
You certainly could still answer that question, but I want to make sure you understand
what you're voting on at this particular time...
Commissioner Regalado: Yes.
Mr. Maxwell: ...which is different from the question you just asked.
Vice Chairman Gort: Yes. But I'd like the answer and then go ahead and give us a reply.
153 July 27, 2000
•
•
Mr. Maxwell: Yes, that's what I'm saying. He should tell you that now.
Mr. Clark: There would be little affect by excluding Virginia Key and Watson Island
from the urban infill area. The main effect of it would be that an amendment to the Land
Use Plan of more than ten acres -- covering more than ten acres of land would need to go
to DCA for review. Excuse me. Of less than ten acres of land would need to go to DCA
for review, if it's deemed to be a large-scale amendment and, therefore, would be subject
to their review. If the islands were to be designated as urban infill, it would be not
necessary to send that kind of an amendment to DCA for review. It's our opinion that
there is nothing that we contemplate recommending for either of those islands that would
suffer from such a review.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: The status of this island is now what?
Mr. Clark: The amendment that you passed last November amended the Comprehensive
Plan to make — to designate all of the area in the City of Miami as an urban infill area,
and that included the islands in Biscayne Bay. In finding that amendment in non-
compliance, DCA has put our Comprehensive Plan in the position of being a non-
complying plan and, therefore, it requires action to correct that. The actions being
proposed here, which is the stipulated settlement, avoids administrative hearings and a
quasi-judicial process that could be expensive and with unforeseen outcomes. This is an
agreement with both DCA and the City staff, I believe, ought to be adopted.
Commissioner Regalado: And what it would do in practice if — when you amend this
plan, what it would do to the island? What -- excluding it from urban fill.
Mr. Clark: The only thing that it would do, that has any substantial influence on what
might be recommended in the future, is that it would subject large scale amendments to
the Land Use Plan on those islands to -DCA review, which has been the case always, until
the urban infill amendment. It would subject them to further review by DCA. If the
urban infill area were to be adopted for that, they would not have to go to DCA for
review. However, as I said, we don't contemplate any recommendations there that would
suffer from such a review.
Commissioner Regalado: And let me ask you this one final question. Can we declare
those islands parks of the City of Miami?
Mr. Clark: I suppose you could declare them anything you wanted to.
Vice Chairman Gort: You can do anything you want.
Mr. Maxwell: I don't understand the question. Did you say park, P -A -R -K or P -A -R -T?
Commissioner Regalado: Can we say, "We want those islands to become a park?"
154 July 27, 2000
Mr. Maxwell: Through the regular annexation process, you can. If they are not within
the incorporated area, then you incorporate them through the regular annexation process.
That's the only way we can pick up new territory.
Vice Chairman Gort: This is (unintelligible)
Commissioner Regalado: But this is — it belongs to the City of Miami.
Mr. Maxwell: So, you're saying declaring them .park, as in P -A -R -K?
Commissioner Regalado: Yes, yes.
Mr. Maxwell: Oh, that's simply a rezoning issue.
Vice Chairman Gort: Yes.
Commissioner Regalado: Yes. And the reason I'm asking this is because -- remember
the program that this Commission approved, "Adopt a Park"? I am sure that some people
out there — some enterprise is willing to adopt that — those islands. Those islands are
abandoned. It's a lot of trash there and they are unkept. So, what I'm saying is, what
would it take to declare those islands parks?
Commissioner Winton: You're talking about the spoil islands?
Vice Chairman Gort: Change in zoning.
Commissioner Regalado: Yes.
Mr. Maxwell: Change the zoning.
Vice Chairman Gort: We can do that, a change of zoning here.
Ms. Ana Gelabert-Sanchez (Director, Planning and Zoning): I believe those islands are
already conservation areas.
Vice Chairman Gort: Right.
Ms. Gelabert-Sanchez: Meaning that they would — what conservation does is prohibits
other types of development coming in. So, if it was park, as you're referring, like a
passive park, nothing built, right now the program you're referring to could happen
already. It is conser — you know, most of the islands are conservation, if not all of them.
So, it can be done right now.
Commissioner Regalado: So, I'm — what I'm saying is, if we get a sponsor that would
keep that island clean, not build.anything, mind you, just clean, can we do that?
155 July 27, 2000
Vice Chairman Gort: Yes.
Ms. Gelabert-Sanchez: Yes. The answer is yes.
Vice Chairman Gort: And I'm glad to see -- Johnny, this is all in your district, but there's
a couple of conversations that I had. with the Shake -A -Leg. There's a couple of islands
right across from Shake -A -Leg. They're in bad shape and I think they're willing to take
care of it, and this is a place where they can take their kids and go camping and do certain
activities. And the one in the northeast in Morningside -- right behind Morningside, at
one time they were talking about maybe talk to one of the Indian tribes, where they
convert that into another tourist attraction that they used to have at one time. And these
islands, like Commissioner Regalado stated, they've been abandoned and should be used
and they could be used as a tourist attraction. OK. Do I have a motion for PZ -4?
Mr. Turner: Commissioner, before you...
Commissioner Winton: So moved.
Vice Chairman Gort: There's been a move. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying
aye.
The Commission (Collectively): Aye.
156 July 27, 2000
7-1
0
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 00-693
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE A
STIPULATED SETTLEMENT AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI AND THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
("DCA") TO REMEDY A NON COMPLYING AMENDMENT
(ORDINANCE NO. 11864) TO THE MIAMI
COMPREHENSIVE NEIGHBORHOOD. PLAN ("MCNP");
DIRECTING THE TRANSMITTAL OF THE AGREEMENT TO
THE DCA FOR EXECUTION; FURTHER AUTHORIZING THE
CITY MANAGER, IN CONJUNCTION WITH THE CITY
ATTORNEY, TO NEGOTIATE ANY ADDITIONAL NON
FISCAL IMPACT CHANGES TO THE AGREEMENT WHICH
MAY BE REQUIRED AND TO EXECUTE THE AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS
THEN AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
157 July 27, 2000
•
Vice Chairman Gort: PZ -5. Do I have a motion?
Mr. Joel Maxwell (Assistant City Attorney): It's a companion ordinance, Commissioner.
Vice Chairman Gort: It's an ordinance by...
Commissioner Winton: So moved.
Vice Chairman Gort: Read it. It's been moved by Winton, seconded by Sanchez. Read
the ordinance. Call the.roll.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT (S),
AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN 1989-2000, BY AMENDING THE TEXT OF THE
GOALS, OBJECTIVES, AND POLICIES OF THE
FUTURE LAND USE ELEMENT TO AMEND POLICY
LU -1.1.11 TO EXCLUDE FROM URBAN INFILL AREA
DESIGNATION THE FOLLOWING AREAS OF THE
CITY OF MIAMI: VIRGINIA KEY, WATSON ISLAND,
AND THE UNINHABITED ISLANDS OF BISCAYNE
BAY THAT HAVE A "CONSERVATION" LAND USE
AND ZONING CLASSIFICATION; DIRECTING THE
TRANSMITTAL OF THIS ORDINANCE TO
AFFECTED AGENCY(S); CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
158 July 27, 2000
was introduced by Commissioner Winton, seconded by Commissioner Sanchez,
and was passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Johnny L. Winton
NAYS: None
ABSENT: . Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
159 July 27, 2000
64. COMMENTS FROM ASSISTANT CITY ATTORNEY JOEL MAXWELL ADVISING
COMMISSIONERS NOT TO' MAKE COMMENTSREGARDING THEIR RESPECTIVE DISTRICTS
WHEN VOTING ON PLANNING AND ZONING ITEMS.
Mr. Maxwell: Mr. Chairman could I, for one moment? Just a note to the Commissioners. When you're
voting on these items, because they are quasi-judicial in nature, you have to be careful when you're voting
about comments concerning districts and so forth, as this is different from when you're sitting in the
regular Agenda. When you take a look at the "districts," quote/unquote, and so forth. I would
recommend that when you vote that there not be any comments about deference to the particular whim or
desire of a Commissioner. It clouds the record.
Vice Chairman Gort: "It's my territory, my back yard, my front yard," whatever. OK. Thank you, sir.
Mr. Maxwell: Yeah. Based purely on the staff.
Vice Chairman Gort: On the staff recommendation.
Vice Chairman Gort: PZ -6. Downtown Miami --
Commissioner Sanchez: Just for the record,1 on the last one that I voted for, it was based on the
recommendation of the staff.
Mr. Maxwell: Absolutely.
Commissioner Sanchez: Absolutely.
Vice Chairman Gort: Every one of them. We voted based on the staff.
160
7/27/00
65. 'AUTHORIZE MANAGER TO ALLOCATE FUNDS TO DOWNTOWN DEVELOPMENT
AUTHORITY FOR PREPARATION OF INCREMENT 11 OF DOWNTOWN DEVELOPMENT OF
REGIONAL IMPACT, $305,000; ALLOCATION OF FUNDS FROM DOWNTOWN DEVELOPMENT
SUPPLEMENTAL FEE ACCOUNT (Applicant(s): City of Miami Planning and Zoning Department).
Vice Chairman Gort: The Downtown Miami DRI (Development of Regional Impact).
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-694
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDS, IN
AN AMOUNT NOT TO EXCEED $305,000, FROM THE
DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE, ACCOUNT
CODE NO. 127001.380254.270, FOR THE PREPARATION OF THE
INCREMENT II APPLICATION OF THE DOWNTOWN
DEVELOPMENT OF REGIONAL IMPACT ("DRI"); FURTHER
DIRECTING THE CITY MANAGER TO TRANSFER SAID FUNDS
TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR THE
PURPOSE OF ENGAGING PROFESSIONAL CONSULTING
SERVICES TO PREPARE SAID APPLICATION.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
161 7/27/00
•
66. DISCUSSION RELATED TO STATUS OF COUNTY'S EFFORTS REGARDING
INSTALLATION OF NOISE MONITORS TO REGULATE AIRPORT NOISE.
Vice Chairman Gort: Item 7.
Commissioner Regalado: Mr. Chairman, before he leaves, can we get a status? I don't know if you still
are following the noise abatement issue. You're not anymore? Who is?
Clark Turner: Are you? Are you?
Commissioner Regalado: I am.
Mr. Turner: Can you give us a status report?
Commissioner Regalado: I'm telling you, the City has completely --
Mr. Turner: I believe that the responsibility is the City liaison there. I followed the former Assistant City
Manager to the City Manager's Office.
Commissioner Regalado: Since she --
Mr. Turner: And I have no idea what happened to it then. I haven't been following it.
Commissioner Regalado: Well, since she left, the City has not been involved in anything at all about the
noise abatement at Miami International Airport issue. And I, you know -- Ana, if you can look into it,
because I think, you know, we -- every time that there is something with the County, the City, you know,
you know what happens to the City. And they have not even installed some of the noise monitors that
were supposed to have been installed about a year ago. So I would ask you to give us a report. You don't
have to wait until the next meeting, just by memo to the members of the Commission, because I think that
it's important that by September, we discuss that, because, you know, they are getting away with the same
thing. They promised to do things and they never did.
Vice Chairman Gort: OK.
162 7/27/00
67. APPROVE SPECIAL EXCEPTIONS LISTED IN ORDINANCE 11000, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW RETAIL SPECIALTY SHOPS AND TO
ALLOW RESTAURANT AND BAR FOR PROPERTY LOCATED AT 1802 N.W. 37TH AVENUE
(Applicant(s): City of Miami).
Vice Chairman Gort: PZ -7, Property at approximately 1802 Northwest 37"' Avenue, Melreese Golf
Course. This is a special exception requiring City Commission approval as listed in Ordinance Number --
Commissioner Sanchez: So move, Mr. Chairman. Recommended approval by the City Commission,
nine/zero.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: OK. Is there any further discussion? Being none, all in favor, state it by saying
GG 11
aye.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-695
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AFFIRMING THE DECISION OF THE ZONING
BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, TO ALLOW RETAIL SPECIALTY SHOPS AND A
RESTAURANT AND BAR FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1802 NORTHWEST 37TH AVENUE, MIAMI,
FLORIDA (MELREESE GOLF COURSE), AS LEGALLY DESCRIBED
IN "EXHIBIT A," ATTACHED HERETO AND MADE A PART
HEREOF, PURSUANT TO PLANS ON FILE, AND SUBJECT TO A
TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
163 7/27/00
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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
164 7/27/00
E
•
68. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, THE CITY OF MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING FUTURE LAND USE MAP, BY
CHANGING LAND USE DESIGNATION FOR PROPERTIES LOCATED AT 229 AND 231 N.W.
12TH STREET FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED
COMMERCIAL." (Applicant(s): Robert Tyler, CRA; City of Miami Planning and Zoning Department
(applicants), and Eliza Spann and Sussie Simmons (owners).
Vice Chairman Gort: PZ -8.
Lourdes Slazyk (Assistant Director, Planning and Zoning)
They're all --
Vice Chairman Gort:. Second readings.
Ms. Slazyk: -- companion items.
Vice Chairman Gort: Right.
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
PZ's-8 through 13 are second reading.
Vice Chairman Gort: Any discussion? Being none, all in favor, state it by saying "aye."
Joel Maxwell (Assistant City Attorney): This is an ordinance. This is an ordinance, Commissioner.
Vice Chairman Gort: It's an ordinance. Read it.
Note for the Record: The Assistant City Attorney read the pending ordinance into the record by
title only.
Commissioner Sanchez: Call the roll call.
165 7/27/00
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 229 AND 231 NORTHWEST 12TH STREET,
MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
passed on its first reading, by title, at the meeting of June 29, 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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11947.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
166 7/27/00
69. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 BY AMENDING ZONING
DESIGNATION FOR PROPERTIES LOCATED AT 229 AND 231 N.W. 12TH STREET FROM R-3
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL.
(Applicant(s): Robert Tyler, CRA; City of Miami Planning and Zoning Department (applicants), and
Eliza Spann and Sussie Simmons (owners).
Vice Chairman Gort: PZ -9.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Read the ordinance.
Note for the Record: The Assistant City Attorney read the pending ordinance into the record by
title only.
Commissioner Sanchez: Roll call.
An Ordinance entitled —
AN ORDINANCE AMENDING PAGE NO. 23 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM R-3 "MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL" TO C-1 "RESTRICTED COMMERCIAL"
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 229 AND
231 NORTHWEST 12' H STREET, MIAMI, FLORIDA; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
passed on its first reading, by title, at the meeting of June 29, 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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
167 7/27/00
•
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11948.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
168 7/27/00
70. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, THE CITY OF MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, AMENDING FUTURE LAND USE MAP BY
CHANGING LAND USE DESIGNATION FOR PROPERTIES LOCATED AT 325-351 N.W. 10TH
STREET FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED
COMMERCIAL." (Applicant(s): Robert Tyler, CRA, and the City of Miami Planning and Zoning
Department.
Vice Chairman Gort: PZ -10. Second reading. ,
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Read it.
Note for the Record: The Assistant City Attorney read the pending ordinance into the record by
title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 325 THROUGH 351 NORTHWEST 10TH STREET,
MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
169 7/27/00
0
•
passed on its first reading, by title, at the meeting of June 29, 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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11949.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
170 7/27/0.0
71. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 BY AMENDING ZONING
DESIGNATION FOR PROPERTIES LOCATED AT APPROXIMATELY 325-351 N.W. 10TH STREET
FROM R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL. (Applicant(s): Robert Tyler, CRA, and the City of Miami Planning and Zoning
Department.)
Vice Chairman Gort: PZ -11, second reading.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Read it.
Note for the Record: The Assistant City Attorney read the pending ordinance into the record by
title only.
Commissioner Sanchez: Roll call.
An Ordinance entitled —
AN ORDINANCE AMENDING PAGE NO. 23 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM R-4 "MULTIFAMILY HIGH-
DENSITY RESIDENTIAL" TO C-1 "RESTRICTED COMMERCIAL"
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 325
THROUGH 351 NORTHWEST 10TH STREET, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of June 29, 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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11950.
171 7/27/00
0
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
172 7/27/00
• I •
72. SECOND READING ORDINANCE' AMEND ORDINANCE 10544, THE CITY OF MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, AMENDING FUTURE LAND USE MAP BY
CHANGING LAND USE DESIGNATION FOR PROPERTY LOCATED AT 250 N.W. 10TH STREET
FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL."
(Applicant(s): Robert Tyler, CRA, and the City of Miami Planning and Zoning Department.)
Vice Chairman Gort: PZ -12, second reading
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Second. Read it.
Note for the Record: The Assistant City Attorney read the ,pending ordinance into the record by
title only.
Commissioner Sanchez: Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 250 NORTHWEST 10TH STREET, MIAMI,
FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL"
TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
173 7/27/00
passed on its first reading, by title, at the meeting of June 29, 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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11951.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
174 7/27/00
73. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 BY AMENDING ZONING
DESIGNATION FOR PROPERTY LOCATED AT 250 N.W. 10TH STREET FROM R-4
MULTIFAMILY HIGH DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL.
(Applicant(s): Robert Tyler, CRA, and the City of Miami Planning and Zoning Department.)
Vice Chairman Gort: PZ -13.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Thirteen is still one of --
Vice Chairman Gort: Second reading.
Ms. Slazyk: Yes. The last one.
Vice Chairman Gort: CRA (Community Redevelopment Agency) request.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Winton: Second.
Vice Chairman Gort: Second. Read it.
Note for the Record: The Assistant City Attorney read the pending ordinance into the record by
title only.
Vice Chairman Gort: Roll call.
175 7/27/00
E
An Ordinance entitled —
•
AN ORDINANCE AMENDING PAGE NO. 23 OF THE ZONING
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM R-4 "MULTIFAMILY HIGH-
DENSITY RESIDENTIAL" TO C-1 "RESTRICTED COMMERCIAL"
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 250
NORTHWEST 10TH STREET, MIAMI, FLORIDA; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
passed on its first reading, by title, at the meeting of June 29, 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 givenits second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: I None
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11952.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
176 7/27/00
•
74. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, THE CITY OF MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, AMENDING FUTURE LAND USE MAP BY
CHANGING LAND USE DESIGNATION FOR PROPERTIES LOCATED AT 2450-2490 S.W. 7TH
STREET AND 703 S.W. 25TH AVENUE FROM "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL." (Applicant(s): El Dorado Enterprises, Inc., MC
Property Mgmt., Inc., and CEC Investment Corp.)
Vice Chairman Gort: PZ -14.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -14 and 15 are companion items for El
Dorado, for land use and zoning change along Southwest 7th Street. The Department recommends
approval. It's also been recommended for approval by the Planning Advisory Board and by the Zoning
Board by unanimous votes. The character of Southwest 7th Street here, because it's become the parking
and extended commercial, is very much -- this would be complementary to the business development on
Stn Street, and we recommend approval.
Vice Chairman Gort: I'll tell you what I'd like to do. I'd like to -- I don't have any problem with this one,
but I'd like for you to consider instead of doing the whole property to -- one foot north of the property to
maintain it so that a domino effect will not take place and will not go across the street. In otherwords, the
perimeter, the north perimeter, one foot.
Ms. Slazyk: Yeah. It can't jump across the street. If you look at the zoning map, it's actually on PZ -15,
right across the street on 7th Street is already GI.
Vice Chairman Gort: Gotcha. OK.
Ms. Slazyk: Where the one foot strip makes a lot of sense would be on the ,eastern edge, which is where it
could keep, you know, running down the road. And that would go with the zoning change.
Vice Chairman Gort: Well, what I would like to suggest is -- all of Seventh Street's changing, let's face it.
Ms. Slazyk: Yes, yes.
Vice Chairman Gort: I would like the Planning Department to go back and recommend the whole district,
because that's where Little Havana was created, all the way from 4th Avenue to 27th Avenue to Beacon
Boulevard.
Ms. Slazyk: Yeah, all of this is SP -12 now.
Vice Chairman Gort: I would like for the Planning Department to reconsider the whole 7th Street
Corridor, the south side of 7th Street. OK? Any question? Motion.
Joel Maxwell (Assistant City Attorney): Commissioner, so you're withdrawing your amendment to this
one?
Vice Chairman Gort: It doesn't make any sense. There's no need to.
177 7/27/00
Mr. Maxwell: OK. So that's not pending.
Commissioner Sanchez: Just for clarification, what -- you were directing them to conduct a study of the
7t" Street, the (inaudible) property. And I -- you made the motion. I'll go ahead and second it for the
purpose of discussion, and I'm just going to discuss one thing. I don't have a map. I didn't bring it. Can
you show me the map? The one thing that I want to just target is that absolutely, once we go -- and I want
to make it for the record here. Once -- it's very -- it's the whole area here. But once you leave a little
piece off, what happens is that the other property, the other property owners in that area would want to
probably or will come back and say, "Well, how come my property can't fall under that same, you know,
scenario?" So that's a concern. So Commissioner Gort, I also -- you know, your amendment or your
motion to have the Planning and Zoning study the surroundings in the area that affect the properties that
may also affect the changes here. So if you could do that.
Vice Chairman Gort: OK. I need a motion on the -- on 13. Moved by Regalado.
Mr. Maxwell: Fourteen. This is 14.
Commissioner Sanchez: I move it.
Vice Chairman Gort: Moved by Sanchez. Seconded by Regalado.
Mr. Maxwell: Fourteen.
Walter Foeman (City Clerk): It's PZ -14.
Vice Chairman Gort: Fourteen. I'm sorry, 14.
Commissioner Sanchez: There's a motion and a second by Regalado.
Vice Chairman Gort: Yeah. All -- is that an ordinance?
Mr. Maxwell: Yes, it is.
Vice Chairman Gort: Read it.
Note for the Record: The Assistant City Attorney read the pending ordinance into the record by
title only.
Vice Chairman Gort: Before we roll call, do you want to say anything? Thank you. Roll call.
178 7/27/00
9 . •
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 2450, 2460, 2468, 2488 AND 2490 SOUTHWEST
7Tx STREET AND 703 SOUTHWEST 25Tx AVENUE, MIAMI,
FLORIDA, FROM MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Sanchez, 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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
COMMENTS MADE DURING ROLL CALL:
Commissioner Winton: I didn't hear anything, so am I really allowed to vote?
Mr. Maxwell: Yes, sir. You have to vote.
Commissioner Winton: Recommended by --
Ms. Slazyk: It was recommended approval by staff and approval by both boards.
Commissioner Winton: Yes.
Mr. Maxwell: And you do have the information, Commissioner, just for the record, since Commissioner -
- the Commissioner brought that up. You do have that information in your packet, which was delivered to
you.
Vice Chairman Gort: We read it.
179 7/27/00
Mr. Maxwell: So there's an informed vote.
Commissioner Winton: I read it and didn't remember what was there, so.
Vice Chairman Gort: OK.
180 7/27/00
® 0
75. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 BY AMENDING ZONING
DESIGNATION FOR PROPERTIES LOCATED AT 2450-2490 S.W. 7TH STREET AND 703 S.W. 25TH
AVENUE FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL AND SD -12 BUFFER
OVERLAY DISTRICT TO C-1 RESTRICTED COMMERCIAL. (Applicant(s): El Dorado Enterprises,
Inc., MC Property Mgmt., Inc., and CEC Investment Corp.)
Vice Chairman Gort: Fifteen.
Commissioner Sanchez: Fifteen is a companion from PZ -14.
Vice Chairman Gort: Right.
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: OK. Any --
Commissioner Sanchez: Once again with the same stipulation that the other properties, if they wanted to
come here and change it also, it would only be fair that they would --
Vice Chairman Gort: Well, all we're doing is the Planning Department should come back and tell us,
"Look, this corridor, the whole area should be changed."
Lourdes Slazyk (Assistant Director, Planning and Zoning): Yeah.
Vice Chairman Gort: And that way, these people don't have to come and fill -- it'll be a whole month.
OK. It's been moved and seconded. Is that an ordinance?
Joel. Maxwell (Assistant City Attorney): Yes, it is.
Vice Chairman Gort: Read it.
Note for the Record: The Assistant City Attorney read the pending ordinance into the record by
title only.
Vice Chairman Gort: Roll call..
181 7/27/00
0
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AMENDING PAGE NO. 34 OF THE ZONING
ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS FROM R-
3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL AND SD -12
BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED
COMMERCIAL FOR THE PROPERTIES LOCATED AT
APPROXIMATELY: (1) 2450-2490 SOUTHWEST 7TH STREET AND
(11) 703 SOUTHWEST 25TH AVENUE, MIAMI, FLORIDA;
CONTAINING A. REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez 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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Thank you, sir. Very smart man.
Unidentified Speaker: Thank you for your approval. Thank you.
182 . 7/27/00
® . •
76. WITHDRAWN BY APPLICANT: PROPOSED CHANGE IN ZONING LISTED IN ZONING
ORDINANCE 11000, C-1 RESTRICTED COMMERCIAL, TO ADD SD -19 DESIGNATED F.A.R.
OVERLAY DISTRICT DESIGNATING AN F.A.R. OF 3.5 FOR PROPERTIES LOCATED AT 123
AND 137 N.E. 79TH STREET. (Applicant(s): Dade Employment and Economic Development Corp.)
Vice Chairman Gort: PZ -16.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -16 has been withdrawn. We received a
letter from the applicant withdrawing.
183 7/27/00
•
i
77. FIRST READING ORDINANCE: CHANGE OF ZONING LISTED IN ORDINANCE 11000,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM C-1 RESTRICTED
COMMERCIAL AND SD -14 LATIN QUARTER COMMERCIAL -RESIDENTIAL DISTRICT TO C -I
RESTRICTED COMMERCIAL AND SD -14 LATIN QUARTER COMMERCIAL -RESIDENTIAL
DISTRICT, PRIMARY PEDESTRIAN PATHWAY FOR PROPERTY LOCATED AT 185 N.W. 13TH
AVENUE. (Applicant(s): Rayos Del Sol, Inc.)
Vice Chairman Gort: PZ -17.
Commissioner Sanchez: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Any further discussion?
Joel Maxwell (Assistant City Attorney): This is an ordinance.
Vice Chairman Gort: Go ahead.
Mr. Maxwell: This is PZ -17.
Note for the Record: The Assistant City Attorney read the pending ordinance into the record by
title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AMENDING PAGE NO. 35 OF THE ZONING
ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM C-
1 RESTRICTED COMMERCIAL AND SD -14 LATIN QUARTER
COMMERCIAL -RESIDENTIAL DISTRICT TO ADD THE PRIMARY
PEDESTRIAN PATHWAY DESIGNATION TO THE SD -14
OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT
APPROXIMATELY 185 NORTHWEST 13TH AVENUE, MIAMI,
FLORIDA; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
184 7/27/00
•
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo bort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
185 7/27/00
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0
78. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 BY AMENDING
ARTICLE 6, SECTION 620, SD -20 EDGEWATER OVERLAY DISTRICT, TO INCLUDE
PROVISIONS FOR CLASS 11 SPECIAL PERMITS. (Applicant(s): City of Miami Planning and Zoning
Department.)
Vice Chairman Gort: PZ -18, second reading.
Lourdes Slazyk (Assistant Director, Planning and Zoning): This is the amendment to SD -20, the
Edgewater Overlay District, to include provisions for Class II and design review for the boulevard.
Vice Chairman Gort: Right.
Commissioner Winton: So move.
Vice Chairman Gort: It's been moved. Second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Read the ordinance.
Note for the Record: The Assistant City Attorney read the pending ordinance into the record by
title only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 6 SD SPECIAL DISTRICTS GENERAL
PROVISIONS, SECTION 620 SD -20 EDGEWATER OVERLAY
DISTRICT, IN ORDER TO INCLUDE PROVISIONS FOR CLASS II
SPECIAL PERMIT REVIEW; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
186 7/27/00
® !1
passed on its first reading, by title, at the meeting of June 29, 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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11953.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
187 7/27/00
79. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 BY
AMENDING ARTICLE 9, SECTION 918.2, TO MODIFY PROVISIONS OF
TEMPORARY OFFSITE PARKING REGULATIONS TO ALLOW ANNUAL
RENEWALS WITHOUT LIMITATION, WITH CONDITIONS. (Applicant(s): City of
Miami Planning and Zoning Department.
Vice Chairman Gort: PZ -19.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -19 is also a second
reading for temporary outside construction parking for annual renewals for the major
construction projects going on in downtown.
Commissioner Winton: So move. So move.
Commissioner Regalado: Second.
Commissioner Sanchez: Second.
Note for the Record: The Assistant City Attorney read the pending ordinance into
the record by title only.
Commissioner Sanchez: Which PZ (Planning and Zoning) item is this? Twenty-two?
Joel Maxwell (Assistant City Attorney): That was PZ -19.
Vice Chairman Gort: I know you're in a hurry, but we'll get there in the end.
Commissioner Sanchez: Yeah, we'll get there. OK.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED,
THE ZONING ORDINANCE. OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 9 GENERAL AND SUPPLEMENTARY
REGULATIONS, SECTION 918 OFFSITE PARKING, TO MODIFY
THE PROVISIONS OF TEMPORARY OFFSITE PARKING
REGULATIONS TO ALLOW FOR ANNUAL RENEWALS WITHOUT
LIMITATION; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
188 7/27/00
passed on its first reading, by title, at the meeting of June 29, 2000, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Winton,
seconded by Commissioner Regalado, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11954.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
189 7/27/00
0
80, SECOND READING ORDINANCE: AMEND ORDINANCE 11000 BY AMENDING
ARTICLE 4, SECTION 401, AND ARTICLE 6, SECTION 616, TO MODIFY PARKING
LIMITATIONS. (Applicant(s): City of Miami Planning and Zoning Department.
Vice Chairman Gort: Second reading, PZ -20.
Lourdes Slazyk (Assistant Director, Planning and Zoning): This is to modify parking in the CBD (Central
Business District) and SD -16 for a Class II special exception in order to expedite the provision of parking
for downtown.
Commissioner Winton: So move.
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. It's been moved and seconded. Read the ordinance.
Note for the Record: The Assistant City Attorney read the pending ordinance into the record by
title only.
Vice Chairman Gort: 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 461 SCHEDULE OF DISTRICT
REGULATIONS, AND ARTICLE 6 SD SPECIAL DISTRICTS
GENERAL PROVISIONS, SECTION 616, TO MODIFY PARKING
PROVISIONS FOR THE CBD CENTRAL BUSINESS DISTRICT
COMMERCIAL AND SD -16 ZONING DISTRICTS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
190 7/27/00
CJ
U
passed on its first reading, by title, at the meeting of June 29, 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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11955.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
191 7/27/00
81. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 BY AMENDING
ARTICLE 6, SECTIONS 605 AND 607, TO MODIFY PROVISIONS OF SD -5 AND SD -7 DISTRICTS
PERTAINING TO PROVISION OF UPPER LEVEL SETBACKS. (Applicant(s): City of Miami
Planning and Zoning Department.)
Vice Chairman Gort: PZ -21, second reading.
Lourdes Slazyk (Assistant Director, Planning and Zoning): This is also a second reading for modifying
SD -5 and 7 to eliminate the upper level setbacks which have been very detrimental in promoting
flexibility and creativity in implementation of projects in these districts.
Commissioner Winton: So move.
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been and seconded. Read it.
Commissioner Sanchez: Second.
Note for the Record: The Assistant City Attorney read the pending ordinance into the record by
title only.
Vice Chairman Gort: Roll call.
192 7/27/00
An Ordinance entitled —
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 6, SD SPECIAL DISTRICTS GENERAL
PROVISIONS, SECTIONS 605 AND 607, IN ORDER TO MODIFY
UPPER LEVEL SETBACK PROVISIONS FOR THE SD -5 AND SD -7
ZONING DISTRICTS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of June 29, 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 Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11956.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
193 7/27/00
82. FIRST READING ORDINANCE: AMEND SECTION 4-11 OF CITY CODE, ALCOHOLIC
BEVERAGES, TO ESTABLISH EXCEPTION TO DISTANCE LIMITATIONS FOR
ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES WITHIN RESIDENTIAL BUILDINGS
CONTAINING IN EXCESS OF 300 DWELLING UNITS WITHIN DOWNTOWN AREA.
(Applicant(s): City of Miami Planning and Zoning Department.)
Vice Chairman Gort: PZ -22, I don't know. I think I might need more time to review this.
Lourdes Slazyk (Assistant Director, Planning and Zoning): On PZ -22, there is one amendment I need to
read into the record. In the description of what area this applies to, we put the areas defined by the
Downtown Master Plan. The Law Department would like us to actually add it as an exhibit. So I want to
read into the record: "The restrictions as to distance requirements set forth hereinabove shall not be
applicable to residential buildings located within the downtown area as shown on Page 1.2 of the
Downtown Master Plan, adopted by the City Commission in 1989 and depicted in Exhibit A attached
hereto." And what we'll do at second reading is we will have the exhibit in your package, so you can see.
It's basically the Downtown Master Plan area of exactly from the study.
Commissioner Winton: And what's the magic of 300? Why not 250 or 350? How did we get the 300?
Ms. Slazyk: Well, we were actually -- We looked at the size of the projects that have been coming, the
average size of the residential projects coming into downtown. And the ones that are coming in now are
between three, three fifty, four. And the new ones, some of them are coming in higher. But that's the
reasonable number for the downtown high-density projects that are really bringing the urbanism back to
downtown. That was one that -- the number that they would all seem to fall into fairly easily.
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Read the ordinance.
Note for the Record: The Assistant City Attorney read the pending ordinance into the public
record by title only.
Vice Chairman Gort: Roll call.
194 7/27/00
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 4/ARTICLE I, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC
BEVERAGES/IN GENERAL," TO ESTABLISH AN EXCEPTION TO
DISTANCE LIMITATIONS FOR ESTABLISHMENTS . SELLING
ALCOHOLIC BEVERAGES WITHIN RESIDENTIAL BUILDINGS
CONTAINING IN EXCESS OF 300 DWELLING UNITS WITHIN THE
DOWNTOWN AREA; MORE PARTICULARLY BY AMENDING
SECTION 4-11; CONTAINING A PEAPEALER PROVISION AND A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: And we'll take a 20 -minute recess.
Commissioner Winton: So Phil, are you going to turn into a bartender here?
Phil Yaffa: Thank you all. We have a very exciting jazz and blues club that will now start construction
with the passing of this ordinance. Thank you very much.
Vice Chairman Gort: Make sure you get him back for the opening.
Commissioner Sanchez: I look forward to going and having a great time. Sax on the beach, as long as
you don't call it something else on the beach.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 4:23 P.M. AND
RECONVENED AT 4:24 P.M., AT WHICH POINT, THE CITY COMMISSION CLOSED
CONSIDERATION OF THE PLANNING AND ZONING PORTION OF THE AGENDA TO
CONSIDER ITEMS FROM THE REGULAR PORTION OF THE AGENDA, WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT.
195 7/27/00
83. RECONSIDER PRIOR VOTE -- AUTHORIZE SETTLEMENT TO FINDINGS OF AUDIT
REPORT PREPARED BY OFFICE OF INSPECTOR GENERAL ON CITY'S COMMUNITY
PLANNING AND DEVELOPMENT PROGRAMS FOR YEARS 1995 AND 1996 BY REPAYING
$4,212,696 OF INELIGIBLE EXPENDITURES TO CITY'S COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM ACCOUNTS;
SETTLEMENT TO INCLUDE TRANSFER OF $558,349 FROM GENERAL FUND AND $1,054,347
OF HOUSING PROJECT FUNDS TO CITY CDBG ACCOUNT AND $2.6 MILLION FROM
HOUSING PROJECT FUNDS TO CITY, ALLOCATE $500,000 OF HOUSING PROJECT FUNDS TO
PROVIDE REQUIRED RELOCATION PAYMENTS FOR TENANTS OF NORTHWESTERN
ESTATES PROJECT.
Gwendolyn Warren (Director, Community Development) (Inaudible) meeting of July 20, you approved
Resolution 625 which was a settlement of the HUD (Department of Housing and Urban Development)
audit. Incorrectly, we identified the 1976 GO (general obligation) obligation bonds as a payment source.
It correctly should have been named the Housing Project Fund, and we need to correct the resolution in
order to proceed.
Commissioner Teele: Mr. Chairman, I would move to reconsider the referenced resolution.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: I'll second.
Vice Chairman Gort: OK. What's the resolution? I need a resolution.
Commissioner Teele: The resolution that approved the wrong --
Ms. Warren: He's going to read it.
Vice Chairman Gort: You have to read it?
Alejandro Vilarello (City Attorney): You haven't taken a vote on the reconsideration.
Vice Chairman Gort: OK. Vote on the reconsideration. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
196 7/27/00
•
•
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-696
A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON
RESOLUTION NO. 00-625, WHICH HAD PREVIOUSLY PASSED ON
JULY 20, 2000, AUTHORIZING SETTLEMENT TO FINDINGS OF
AUDIT REPORT PREPARED BY THE OFFICE OF THE INSPECTOR
GENERAL, ON THE CITY OF MIAMI'S COMMUNITY PLANNING
AND DEVELOPMENT PROGRAMS FOR THE PERIOD BETWEEN
CALENDAR YEARS 1995 AND 1996 ISSUED MARCH 26, 1998 BY
REPAYING INELIGIBLE EXPENDITURES IN THE AMOUNT OF
$4,212,696 BACK TO THE CITY OF MIAMI'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME
INVESTMENT PARTNERSHIP (HOME) PROGRAM ACCOUNTS;
SAID SETTLEMENT TO INCLUDE TRANSFER OF $558,349 FROM
GENERAL FUND AND $1,054,347 OF 1976 GENERAL OBLIGATION
HOUSING BOND FUNDS TO THE CDBG ACCOUNT AND $2.6
MILLION OF 1976 GENERAL OBLIGATION HOUSING BOND
FUNDS TO THE HOME ACCOUNT, FURTHER ALLOCATING
$500,000 OF 1976 GENERAL OBLIGATION HOUSING BOND
FUNDS TO PROVIDE REQUIRED RELOCATION PAYMENTS IN
ACCORDANCE WITH FEDERAL REGULATIONS FOR THOSE
TENANTS OF THE NORTHWESTERN ESTATES PROJECT.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Regalado: Mr. Chairman --
Mr. Vilarello: The new resolution simply authorizes the transfer of approximately two point six million
dollars ($2.6 million) from Housing Project funds to City of Miami account, further allocating five
hundred thousand dollars ($500,000) of Housing Project funds instead of bond funds. Otherwise, the
resolution stays the same.
197 7/27/00
E
Vice Chairman Gort: OK.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
11
Commissioner Regalado: One question for the City Attorney and for Gwen. What has been done in terms
of the unpaid loans to the City? Are we taking those cases to court? Are we in court? Are we getting
paid? Are we winning or losing? Because you know what happens. Every time that somebody wants to
trash the City of Miami, they say, "Well, like those twenty million that were lost in the process of
housing." What are we doing now? Just for the record, so we know.
Ms. Warren: For the record, the Department of Community Development, led by the Law Department has
been aggressively pursuing foreclosures and the collection of the outstanding loan portfolio. As a part of
the settlement, we are to report quarterly to the federal government on the status. And to date, I can say
that at least half of those that were on the loan portfolio have been resolved, and we are aggressively
pursuing the balance.
Commissioner Regalado: Has anybody not made any payment and not been taken to court? What I mean
is, do you have any passive cases?
Mr. Vilarello: Commissioner, I can't from memory tell you exactly what's going on. There's
approximately 26 of those cases. I know we have concluded foreclosure actions against several and
there's been repayment obligations on others. The quarterly report --
Commissioner Regalado: No, but I'm just asking whether or not we know if any case is not making any
payment and is not being --
Ms. Warren: There are some who have opted not to be responsive. We are following the legal process to
collect. But we have taken the appropriate steps to collect on all loans.
Vice Chairman Gort: Any further discussion on this motion? OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
Commissioner Teele: Did we have a mover and a seconder on the motion?
Walter Foeman (City Clerk): No, we didn't.
Commissioner Teele: I don't remember. Who moved it?
Mr. Foeman: There was no movant. It was just on the reconsideration.
198 7/27/00
Commissioner Teele: No, I moved on the reconsideration. I would move the adoption of the resolution as
amended, as read by the City Attorney.
Commissioner Sanchez: Second.
Vice Chairman Gort: Moved and seconded. Any further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-697
A RESOLUTION (PENDING)
(Here follows body of the 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
199 7/27/00
•
0
84. ACCEPT DONATION OF POLICE SERVICE DOG FROM METRO-DADE K-9 GUARD
DOGS WITH ESTIMATED VALUE OF $6,500 FOR USE AND BENEFIT OF CITY POLICE CANINE
UNIT.
Vice Chairman Gort: Anyone, other items?
Commissioner Sanchez: I have a -- I believe Commissioner Teele has some pocket items, and I also have
one pocket item.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: I'm not ready yet.
Commissioner Sanchez: Mr. Chairman, I have one. A resolution of the City of Miami Commission
accepting the donation of a canine dog valued at six thousand, five hundred dollars ($6,500) from the
Metro -Dade K-9 Guard Dog Service as a replacement for the canine dog Atlas, who was killed in the line
of duty on July the 23rd, 2000. So move.
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-698
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
A DONATION OF A POLICE SERVICE DOG, FROM THE METRO-
DADE K-9 GUARD DOGS, WITH AN ESTIMATED VALUE OF
$6,500, FOR THE USE AND BENEFIT OF THE CITY OF MIAMI
POLICE CANINE UNIT.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
200 7/27/00
•
U
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: We'll recess for 20 minutes.
Commissioner Teele: Mr. Chairman.
Commissioner Winton: He wanted a recess. He's called for a recess.
Commissioner Teele: Oh, OK.
201 7/27/00
85. ORDER OF THE DAY BY COMMISSIONER TEELE -- REPORT ON AMERICAN AIRLINES
ARENA PARKING LOT AND FEC SLIP.
Commissioner Teele: Mr. Chairman, may I inquire of the -- where are we now on the order of the day,
Mr. Chairman?
Vice Chairman Gort: We've finished the agenda for today. The only items to come in front of us --
We've finished. Your timing was perfect. PZ (Planning and Zoning) --
Commissioner Teele: Commissioner Teele: Pocket items.
Vice Chairman Gort: Pocket items. We're only waiting for your pocket items and the two --
Commissioner Teele: You've done the pocket items?
Vice Chairman Gort: Yes. -- the two items by the Mayor.
Commissioner Teele: All right. Three of four questions. First of all, we were supposed to get a report
back today on that American Airlines Arena parking lot issue and the -- you know, that was tied up on
that. And before we leave, did that -- where -- what's the status of that? Because I'm looking at these
issues.
Carlos Gimenez (City Manager): I got a legal opinion yesterday pertaining to what we can do as a City,
and the City Attorney can brief you on what the legal opinion is concerning that site or any other site that
you may have that you want to do parking on.
Vice Chairman Gort: Mr. Attorney.
Alejandro Vilarello (City Attorney): Essentially, with regard to that particular slip of property next to the
FEC slip and adjacent to the north of American Airlines Arena, the City can issue and RFP (Request for
Proposals) and have some third party construct the improvements and run a parking facility independent
of the Department of Off -Street Parking.
202 7/27/00
86. CONCERT HOSTED BY CHURCHILL'S AND MIAMAGINATION FOR BENEFIT OF
SIERRA CLUB AND MIAMI GROUP EVERGLADES PROGRAM, TO BE HELD JULY 29, 2000;
GRANT EXEMPTION FROM PROHIBITIONS AND RESTRICTIONS IN SECTIONS 364(a) AND
36-5(a) OF CITY CODE AS RELATES TO LEVEL AND HOURS OF NOISE CONCERNING
CONCERT.
Vice Chairman Gort: OK.
Commissioner Teele: All right. Mr. Chairman, if I may. Regarding the pocket items, these things get
down to the summer break, and they're all interrelated, I guess, here. One is a resolution by the City of
Miami relating to a concert hosted by Churchill's for a benefit for the Sierra Club and the Miami Group of
the Everglades Program to be held on July 29th, granting the request of the organizers to declare an
exemption from the prohibitions contained in Sections 364(a) and 36-5(a) of the Code as they relate to
the level and the hour of noise concerning the said concert, with the granting of the conditions upon the
organizers paying for all necessary cost of City services and applicable fees associated with the concert,
obtaining insurance to protect the City in the manner prescribed, advising all adjacent businesses, property
owners and residents of the closure of seventy-five yards of Northeast 55th Street between 2" d Avenue and
2" d Court from 3 a.m. -- until 3 a.m., and complying with all conditions and limitations that may be
prescribed by the City Manager or his designee. This is a concert in the Little Haiti area along 54th Street
for the famous club there, Churchill's. It's been in.a number of movies and it's a benefit for the Sierra
Club. And the organizers have requested it. I would so move. It simply grants a noise exemption benefit.
Commissioner Regalado: Second.
Commissioner Winton: Second.
Vice Chairman Gort: There's a motion and a second.
Commissioner Regalado: Second.
Vice Chairman Gort: Second. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
203 7/27/00
® 0
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-699
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO
A CONCERT ON JULY 29, 2000, ORGANIZED BY CHURCHILL'S
AND MIAMAGINATION FOR THE BENEFIT OF SIERRA CLUB
AND THE MIAMI GROUP EVERGLADES PROGRAM, GRANTING
THE REQUEST OF THE ORGANIZERS TO DECLARE AN
EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS
CONTAINED IN SECTIONS 36-4(a) AND 36-5(a) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS THEY
RELATE TO THE LEVEL AND HOURS OF NOISE CONCERNING
SAID CONCERT, WITH SAID GRANT CONDITIONED UPON THE
ORGANIZERS: (1) PAYING FOR ALL NECESSARY COSTS OF
CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH
THE CONCERT; (2) OBTAINING INSURANCE TO PROTECT THE
CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR DESIGNEE; (3) ADVISING ALL ADJACENT
BUSINESSES, PROPERTY OWNERS AND RESIDENTS OF STREET
CLOSURE OF 75 YARDS OF NORTHEAST 55TH STREET,
BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 2ND
COURT UNTIL 3:00 A.M.; AND (4) COMPLYING WITH ALL
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of the 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
204 7/27/00
87. AUTHORIZING FUNDING OF OVERTOWN COMMUNITY OPTIMIST CLUB, INC.,
ALLOCATE $6,250 FROM LAW ENFORCEMENT TRUST FUND (See #88).
Commissioner Teele: The other one is a resolution of the City of Miami authorizing the funding of the
Overtown Community Optimist, and allocating funds not to exceed six thousand, two hundred and fifty
thousand dollars ($6,250) from the Law Enforcement Trust. Such expenditures have been approved by
the Chief of Police, complying with U.S. Treasury Justice Guidelines for Equitable Sharing and Florida
Statute Chapter 932.7055, as amended. This has been coordinated with the NET (Neighborhood
Enhancement Team) Office, with the Chief of Police, and it's for an event, an annual event that sort of
went bust last year, "Overtown Come Alive." And that portion of it is Law Enforcement eligible, and has
been approved by the Chief.
Commissioner Winton: How much did you say that was?
Commissioner Teele: Six thousand dollars ($6,000).
Commissioner Winton: Oh. I thought you said six hundred and some thousand. I was over here sitting --
Vice Chairman Gort: That's a hell of a party.
Commissioner Teele: Six thousand, two hundred and fifty dollars ($6,250).
Vice Chairman Gort: There's a motion. Is there a second? That was a great party.
Commissioner Winton: Yeah. Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-700
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING A CONTRIBUTION TO THE OVERTOWN
COMMUNITY OPTIMIST CLUB, INC., AND ALLOCATING FUNDS
THEREFOR IN AN AMOUNT NOT TO EXCEED $6,250, 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 SECTION 932.7055, FLORIDA
STATUTES, AS AMENDED.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
205 7/27/00
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
206 7/27/00
88. OVERTOWN COME ALIVE -Y2K HOSTED BY OVERTOWN COMMUNITY OPTIMIST TO
BE HELD AUGUST 18-20, 2000 AT THE THEODORE GIBSON PARK, LOCATED AT 401
NORTHWEST 12TH STREET (See #87).
Commissioner Teele: This relates to the same event, and it involves the City services. Each year, the
Overtown Optimists have tried to have sort of a back to school for the kids in the little league, et cetera, in
the community. It's a resolution relating to the Overtown Come Alive -Y2K, hosted by the Overtown.
Community O�timists to be held on August 18th through the 20th at the Theodore Gibson Park located at
Northwest 12' . That, one, co-sponsors the event by the City of Miami; and two, waives all fees
permissible by the Code of the City of Miami, and provides for co-sponsorship to include that the City
will make certain provisions, such as stage and sound equipment; and further requiring the obtaining of
insurance to protect the City in the amount prescribed by the City Manager, advising all adjacent business
owners of the street closure of Northwest 3'd Avenue between I lth Street and 14th Street, and complying
with all of the conditions by the City Manager or his designee; and further directing the City Manager to
facilitate the minimization of the cost of City services. And I would so move that item.
Vice Chairman Gort: OK. There's a motion. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Discussion. Being none, Mr. Manager.
Carlos Gimenez (City Manager): We understand that this is basically the City is waiving fees, that the
cost of out-of-pocket costs are going to be incurred by the promoter?
Commissioner Teele: To the extent -- it's not a waiver of fees, as I understood it. It was an event that the
City was going to co-sponsor. When the City co-sponsors, you don't waive fees at your own event.
Mr. Gimenez: Correct, (inaudible).
Vice Chairman Gort: OK.
Mr. Gimenez: We have no problem.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
207 7/27/00
•
•
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-701
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO
THE OVERTOWN COME ALIVE -Y2K, HOSTED BY THE
OVERTOWN COMMUNITY OPTIMIST CLUB, TO BE HELD ON
AUGUST 18-20,2000 AT THEODORE GIBSON PARK, LOCATED AT
401 NORTHWEST 12TH STREET, MIAMI, FLORIDA; AUTHORIZING
CO-SPONSORSHIP OF THE EVENT BY THE CITY AND THE
WAIVER OF ALL FEES PERMISSIBLE BY THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, INCLUDING BUT NOT
LIMITED TO THE USE OF THE DEPARTMENT OF PARKS AND
RECREATION'S STAGE AND SOUND EQUIPMENT FOR SAID
EVENT, WITH SAID AUTHORIZATIONS CONDITIONED UPON
THE ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY
COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED
WITH SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT
THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE; (3) ADVISING ALL ADJACENT
BUSINESSES, PROPERTY OWNERS AND RESIDENTS OF STREET
CLOSURES OF NORTHWEST 3RD AVENUE, FROM NORTHWEST
11TH STREET TO NORTHWEST 14TH STREET; AND (4)
COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS
MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE; FURTHER DIRECTING THE CITY MANAGER TO
FACILITATE THE MINIMALIZATION OF THE COST OF CITY
SERVICES.
(Here follows body of the 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
208 7/27/00
89. ACCEPT ASSIGNMENT OF CONTRACT FROM CARR FOUR CORPORATION TO
PURCHASE APARTMENT BUILDINGS LOCATED AT 365 NORTHWEST 8TH STREET FROM 365
CORPORATION FOR $225,000 AND SEEK REIMBURSEMENT FROM COMMUNITY
REDEVELOPMENT AGENCY.
Commissioner Teele: This other item is a resolution of the City accepting an assignment of a contract
from Carr Four Corporation to purchase the apartment building located at 365 8th Street for an amount not
to exceed $225,000, and to seek reimbursement from the Community Redevelopment Agency, subject to
compliance with Section 166.045 of the Statute and applicable laws, and further authorizing the City
Manager to execute all documents necessary to accept -- acceptable form to the City Attorney. This is one
of the so-called gateways that the CRA (Community Redevelopment Agency) had planned. It's the one
directly across from People's Barbecue, and it's outside of the jurisdiction of the CRA. So what it would
be is the City would accept the assignment of the purchase agreement and seek reimbursement from the
CRA, because it's in the CRA plan. But the funding restrictions require that the funding be spent by the
City or another entity. This is the so-called gateway. And obviously, what we would do is ask -- this only
accepts the assignment of the purchase agreement. But we would have the Manager then come forth with
a recommendation as to whether or not we want to move forward or not.
Vice Chairman Gort: OK. So this motion is instructing the Manager to sit down with the -- and come out
with the proposal to come back to us. Am I correct?
Commissioner Teele: Right.
Commissioner Winton: Is that right?
Commissioner Teele: Yes.
Commissioner Winton: So that we make sure that relative to liability and/or rules and regulations,
somebody is looking at that carefully to make sure everything is in shape.
Commissioner Teele: Exactly. And the real issue, as far as I'm concerned, is the environmental issues
that have not really been vented or done the due diligence on. The whole idea here, though -- the Planning
Department is working with us on this -- is to create, in effect, a beautiful landscaping as you come right
down that ramp there, on the ramp there at 8th Street and to change the image dramatically of the
community. Now, Carr Four, just so you know, negotiated with the owner, and that option technically has
probably expired. But they were going to put in transitional homeless housing in there, something that I
objected to as a Commissioner from the District with Carr Four staff. And the Carr Four has the contract,
and we would be seeking an assignment of that contract. They don't really want to sell to government
because it just takes so long to get anything done, take it off the market. And government's trying to go
around and do this. So hopefully, by September, we'll have a decision by the management.
Vice Chairman Gort: OK.
Commissioner Sanchez: Mr. Chairman, for discussion.
Vice Chairman Gort: Yes, sir.
209 7/27/00
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Commissioner Sanchez: I have some concerns with this pocket item. As you can see here, it seeks
reimbursement from the Community Redevelopment Agency to an agency -- to a project that is outside of
the CRA. I caution this pocket item. I think that it's in violation of the CRA Section 163, and I would not
support it.
Commissioner Teele: Well, first of all, it clearly is not in violation or the Attorney would not have drafted
it. Second of all, what this pocket item does is the pocket item is merely an assignment of a contract.
There is no expenditure of money. There is no closing of a contract. It would then authorize the Manager
to come back and seek the reimbursements that they would close. So.
Commissioner Sanchez: And I understand, Commissioner Teele, but I do not feel comfortable --
Commissioner Teele: All right.
Commissioner Sanchez: -- with the language set forth where it says that two hundred and twenty-five
thousand dollars to be -- seek the reimbursement from the Community Redevelopment Agency. So that's
where I stand on this issue.
Vice Chairman Gort: Further discussion?
Commissioner Winton: Just one last point on it, Commissioner Teele. On this assignment of the contract,
one thing we want to make sure of though -- and I haven't seen the contract -- is that if we literally take
control of the contract, there may be provisions in the contract -- we could be past the due diligence
period, as an example, and be obligated to close. So we want to make --
Commissioner Teele: Well, obviously, what this does is grants permission. It doesn't grant the
assignment.
Commissioner Winton: Right.
Commissioner Teele: The Manager is going to have to vet it. And that's what I said. And one of my
concerns is the vetting of the contract. This doesn't do anything contrary to what's been represented. It
authorizes the City Manager to accept the assignment. It authorizes him to come back with a plan and
request reimbursement.
Commissioner Winton: Got it.
Vice Chairman Gort: OK.
Commissioner Teele: Call the question.
Walter Foeman (City Clerk): I need a seconder for the motion.
Commissioner Winton: Second.
210 7/27/00
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Mr. Foeman: OK.
C
Vice Chairman Gort: It's been moved and seconded. All in favor state it by saying "aye."
Vice Chairman Gort: Aye.
Commissioner Regalado: Aye.
Commissioner Teele: Aye.
Commissioner Winton: Aye.
Commissioner Sanchez: No.
Vice Chairman Gort: Nay? One "nay."
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-702
A RESOLUTION OF THE CITY OF MIAMI COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
ASSIGNMENT OF THE CONTRACT FROM CARR FOUR
CORPORATION ("CARR FOUR CONTRACT") FOR THE
PURCHASE OF AN APARTMENT BUILDING LOCATED AT 365
NORTHWEST 8TH STREET, MIAMI FLORIDA, FROM 365
CORPORATION IN AN AMOUNT NOT TO EXCEED $225,000, AND
CONTINGENT UPON REIMBURSEMENT FOR SAID PURCHASE
FROM THE COMMUNITY REDEVELOPMENT AGENCY; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
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Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Joe Sanchez
ABSENT: None
212 7/27/00
90. LEASE AGREEMENT OR A PERMIT AGREEMENT WITH THE FLORIDA DEPARTMENT
OF TRANSPORTATION TO DEVELOP PARKING LOTS UNDERNEATH 1-395, INCLUDING
LANDSCAPING, LIGHTING AND FENCING BETWEEN 3RD AVENUE AND BISCAYNE
BOULEVARD BETWEEN 11 TH STREET AND 14TH STREET; FURTHER STIPULATING THAT THE
NET REVENUES FROM THE PARKING OPERATION WILL BE REINVESTED BACK TO THE
COMMUNITY REDEVELOPMENT AGENCY FOR THE SOUTHEAST OVERTOWN/PARK WEST
DISTRICT -- INVOLVE PARTICIPATION BY DOWNTOWN DEVELOPMENT AUTHORITY.
Commissioner Teele: All right. And the final one is the resolution that relates to the whole issue of I-395,
which is the meeting that I'm just coming back from. The DOT (Department of Transportation) strongly
is resisting a tunnel, and is basically saying they do not really want to build a grand boulevard. But they
Were instructed by an amendment by myself to have to sit down with the City of Miami and Miami Beach,
as well as Dade County and the port, and to come back with a recommendation with regarding 395. I
think it may even be helpful if at some point, maybe in October or November, we could get a report from
the DOT on the 395, the same report. There was a PowerPoint that was presented. I know that we
brought up the DDA (Downtown Development Authority), as well. And it doesn't make sense to redesign
395 without consulting and conferring with the City of Miami. But now that 395 is there, as you know,
underneath 395 is a jungle. What we're proposing here is simply a resolution that was previously
discussed in the CRA Board meeting which would authority the City of Miami to enter into a lease
agreement or a permit agreement with the Florida DOT, which Mr. Abreu has said he will do. And that
agreement, in effect, is designed to try to get a little bit of control over the energy that we've created. As
you know, the so-called Entertainment District that we've created -- and I invited Art. I think Art may
even go see this Saturday night. This thing only comes out around I o'clock in the morning, so if you're
not a late night keeper, you don't understand the dynamics of what's going on. But underneath 395 is just
a lot of land that is not coordinated. Obviously, the CRA is trying to coordinate the redevelopment,
including what I call the universal studios without walls, which is a very, very important component of
what it is we want to do, as well as the -- on the Omni side, as well as the nightclub or the Entertainment
District on the Park West side. However, there's just a hodgepodge of who's controlling what underneath
395. One of the things that we want to be very careful about is just giving away what, in effect, amounts
to a very valuable concession, based upon what the CRA has generated and created with the Nightclub
District, as well as what we think is going to be even bigger, which is going to be the universal studio
without walls. So a part of what we're seeking is to get with the DOT, Off -Street Parking, the City of
Miami, and to coordinate what is going on underneath there, and obviously, to generate revenue. So this
is a resolution of the Commission urging -- of the Commission authorizing the City Manager to enter into
an agreement with the Florida DOT that will develop parking lots underneath 395, including landscaping,
lighting and fencing between 3`d Avenue and Biscayne Boulevard between I lth Street and 14th Street, and
all other such areas underneath 395, and that the net revenues from the parking operation will be re -
diverted back to the Redevelopment Authority of Southeast Overtown/Park West. I would so move. This
is simply giving the City the authorization to get an agreement which I've negotiated with Mr. Abreu, the
regional secretary or the district secretary that they will grant us, the CRA, which we've now basically
told him today to give it to the City for the purpose of controlling that, and then we'll work from that point
forward. Right now, no one is in charge -- the Florida DOT is in charge, to be candid with you, which
means no one is in charge, because they have no -- they don't operate facilities. They just sort of secure
them.
Commissioner Winton: Question. Who's --
213 7/27/00
Vice Chairman Gort: Is there a second?
Commissioner Winton: Second. Who's going to pay for the -- who's going to make the capital
improvement outlays in this idea?
Commissioner Teele: Well, in the case of this, the Management would then come back to us and tell us
exactly what it's going to take. And of course, what we would do is we would transfer the funds back
from the CRA to the City of Miami. So the City would be totally indemnified. But it's very, very
important for our development plan, particularly now that we've got these clubs out there. Club Space --
and this is a free spot for Club Space, which is just a phenomenal event and occurrence. I mean, it is
beyond my wildest dreams. It operates on weekends, three, four thousand people. I mean, it doesn't start
until I I o'clock at night. It's in your district, Commissioner.
Commissioner Winton: Must be the reason I'm missing it.
Commissioner Teele: But if you're up at 5 in the morning, it's still going strong, and we expect four or
five other clubs. I don't want to get into a lot of issues, but one of the things we want to be concerned
about is that there are certain activities that are not necessarily consistent with the redevelopment area that
we want to make sure that those things don't get out of control. And so this is a part of how we're going
to try to control that.
Commissioner Winton: Well, in addition, those areas underneath I-395 look -- that's one of the -- you talk
about your grand entry points into Overtown. This is a grand entry point into the whole City of Miami,
and it's an absolute disgusting disgrace. So I'm hoping that we can do something here to cure that
problem.
Vice Chairman Gort: I would like to amend that. Could you add the DDA to that, also? Because this is
one problem that we've been trying to work with the state for a long time, and it's a great need. And to
me, to see all that land being there and not being used is ridiculous.
Commissioner Teele: Absolutely. OK.
Vice Chairman Gort: OK. Is there any further discussion? Being none, all in favor, state it by saying
46aye.
aye.
The Commission (Collectively): Aye.
214 7/27/00
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The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-703
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER, WITH THE
PARTICIPATION OF THE DOWNTOWN DEVELOPMENT
AUTHORITY, TO ISSUE A REQUEST FOR PROPOSALS ("RFP") TO
ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO DEVELOP SURFACE PARKING LOTS
WITH APPROPRIATE LIGHTING, LANDSCAPING AND FENCING
FOR PURPOSES OF MAINTAINING PARKING OPERATIONS
UNDERNEATH THE I-395 OVERPASS, BETWEEN NORTHWEST
3RD AVENUE AND BISCAYNE BOULEVARD, FROM NORTHWEST
11" TO NORTHWEST 14TH STREETS, MIAMI, FLORIDA;
FURTHER DIRECTING THAT ANY NET REVENUES DERIVED
FROM SAID PARKING OPERATIONS BE APPROPRIATED FOR
USE BY THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: Let's take ten minutes recess now.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 4:47 P.M. AND
RECONVENED AT 5:11 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER WINTON, FOUND TO BE PRESENT.
215 7/27/00
91. APPROVE COMPREHENSIVE EMPLOYMENT STRATEGY AGREEMENT BETWEEN
MIAMI-DADE COUNTY AND CITY REQUIRING THAT COUNTY'S CONSTRUCTION
MANAGER MEET OBJECTIVES OF COUNTY'S JOB CLEARINGHOUSE AND CITY'S FIRST
SOURCE HIRING AGREEMENT TO EMPLOY UNEMPLOYED OR UNDER -EMPLOYED
INDIVIDUALS WHO RESIDE LOCALLY.
Commissioner Teele: Chairman Gort.
Vice Chairman Gort: Yes.
Commissioner Teele: Earlier in the day, I asked that the Police Chief stay around to discuss something.
I'm not going to bring that item up. And I do know that the Police Chiefs Association is meeting today.
So unless there's a need, I would certainly request that he be authorized to join the Police Chiefs.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman, Mr. Mayor, while you're here, I note the presence of Gail
Thompson of Miami -Dade County. I'm just coming from the MPO (Metropolitan Planning Organization)
meeting, and Bill Johnson, the Assistant Manager for Construction inquired where we are on this. Is Ms. -
- mental blank -- Ms. Community Development here? Ms. Gwendolyn Warren? It's the last time you'll
want to -- Mr. Chairman, with your permission, there's a matter. The City Attorney has opined that
there's no need for the Commission formally to take an action, in that -- we're talking about the
Performing Arts Center and one clause, one section of it that relates to the first source hiring agreement.
The ordinance which I authored and is adopted by the City contains certain language that gives
neighborhoods priority. The actual agreement that is entered into by the City and the County is pursuant
to a -- what is it? -- special use exemption? Special use?
Note for the Record: Commissioner Winton entered the Commission Chamber at 5:12 p.m.
Alejandro Vilarello (City Attorney): MUSP (Major Use Special Permit) requires it as a condition of the
approval of the master use special permit.
Commissioner Teele: And you have opined that this agreement, which is acceptable to Ms. Warren, and
the management and myself, it's not necessary that we ratify it or act on it. However, in deference to the
County that has acted upon a separate agreement, which, in effect, does not give the same level of priority
to City of Miami residents within the immediate area, I am asking, as a matter of courtesy, since the
County Commission is going to have to re -ratify it or adopt this, or do some other action, that as a matter
of courtesy, we send them a document that has been ratified by the Board. And so I would, as a pocket
item, move that the Performing Arts Center Comprehensive Employment Agreement, which has been
approved at the staff level, and a separate version has been approved by the County be adopted by the City
Commission and transmitted to the County for their final action. I would so move.
Mayor Carollo: There's a motion by Commissioner Teele. Is there a second?
Commissioner Sanchez: Second.
216 7/27/00
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Mayor Carollo: Second by Commissioner Sanchez. Is there any further discussion, statements?
Commissioner Teele: Mr. Chairman, the only thing this does is the County first source hiring agreement
literally provided an equal opportunity to all of the CD (Community Development) target areas
Countywide. This agreement prioritizes the Empowerment Zone, which is inclusive, but not totally
exclusive. But it's inclusive of the adjacent areas of Overtown, and Wynwood. It also includes the areas
of Little Havana, where the vast majority -- so in effect, it does include a broader area. But I think it
meets the intent of what it is we're trying to do.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-704
A RESOLUTION OF THE MIAMI.CITY COMMISSION RELATING
TO THE PERFORMING ARTS CENTER OF GREATER MIAMI;
APPROVING A COMPREHENSIVE EMPLOYMENT STRATEGY
AGREEMENT (THE "AGREEMENT") BETWEEN MIAMI-DADE
COUNTY (THE "COUNTY") AND THE CITY OF MIAMI (THE
"CITY") TO REQUIRE THAT THE COUNTY'S CONSTRUCTION
MANAGER MEET THE OBJECTIVES OF THE COUNTY'S JOB
CLEARINGHOUSE AND THE CITY'S FIRST SOURCE HIRING
PROVISIONS TO EMPLOY UNEMPLOYED OR UNDER-
EMPLOYED INDIVIDUALS WHO RESIDE LOCALLY; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE COUNTY FOR SAID PURPOSE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
217 7/27/00
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
Mayor Carollo: It passed unanimously.
218 7/27/00
Mayor Carollo: If I can, I'd like to ask the members of the Commission if we could take up S-3
and the supplemental agenda first. I think this one would be a much quicker one out of the two
items that I've asked to be placed on the agenda. Mr. Manager, could you explain to the
Commissioners the different costs that are involved in filling in the different portions of the slip
and the additional costs that would be to the City to fill in the two other little inlets in the
Bicentennial side of the property that we're discussing? We have an aerial here that could be
passed to the Commissioners so they could see exactly where the two little inlets are, the
Bicentennial side, slightly over an acre. And the -- a full slip in the FEC (Florida East Coast)
side is approximately eight acres -- slightly below eight acres in size. It's seven point eight five
approximately. So, if you could proceed in explaining that.
Mr. Carlos Gimenez (City Manager): Yes, sir. Assistant City Manager, Robert Nachlinger will
make a presentation.
Mr. Robert Nachlinger: Thank you, Mr. Mayor. Mayor, members of the Commission, we've
reviewed the document that was prepared for you some time back from the prior City Manager
dealing with this issue. Effectively, we've come up with four different options for the use of the
FEC slip. The entire land site, lot size, if you will, is nine point nine one acres. There is an
easement for right-of-way of point eight six acres and the balance of the site contains a seven
point eight five acre slip, along with about one point two acres of existing upland land. If we
could do nothing with it, that basically gives a small site, which is not developable, in its current
configuration. The first option we've come up with is to fill the first three hundred feet of the
slip. That would leave a slip three hundred feet wide and nine hundred feet long. That would
entail about a hundred thousand cubic yards of material and the rebuilding of twenty-one
hundred linear feet of seawall, approximately seven point two million dollars ($7.2 million) in
costs and create a land area of approximately three acres that would be developable. At this
point, that land value is estimated at thirteen million dollars ($13,000,000). The second option
that you've been presented with before is to fill three quarters of the slip, leaving a 300 by 300
inlet at the current end of the slip. That option needs 300 -- excuse me. Three hundred thousand
cubic feet of fill would entail rebuilding nine hundred feet of sea wall and we've estimated the
cost on that at four point eight million, which is slightly higher than you'd seen before, only
because the, additional transportation costs. Those costs have gone up. A fourth option that
we've come up with would be to fill the entire slip out to the existing bay front seawall.. This
219 July 27, 2000
would create an additional -- about two and a quarter acres of land. You'd have nine point eight
acres of developable site to approximately -- and the estimated value of that site would be forty-
two point seven million dollars ($42.7 million). That's at a hundred dollars ($100) a square foot
in costs and surprisingly, the more you fill and the less seawall you have to build, the cheaper the
price to get the slip filled. The estimates are at six dollars and thirty-three cents ($6.33) per
transported and compacted cubic yard of fill, and the estimate for reconstructing seawall is
thirty-two hundred dollars ($3200) in linear foot. So, the less seawall that you build, the cheaper
the price effectively. Additionally, the two slips or two inlets at Bicentennial Park contains
slightly over an acre of land would necessitate rebuilding four hundred and thirty feet of seawall
and the estimate of that cost is approximately one point seven million dollars ($1.7 million).
And if you have any questions, I'll be happy to try to answer them.
Mayor Carollo: Let me begin by explaining to my colleagues the reason why I see that it's so
important to fill in some portions of that slip. Now, how much of it will be decided by this
Commission. The site known as Bicentennial Park -- and I apologize. I have a cold today, so
my voice is pretty bad. But the site known as Bicentennial Park, right now, to have any real use
or enjoyment of that property for the residents of Miami or Greater Miami is very difficult
because it's very hard to get into that property. You have that site surrounded by water on two
sides, where the slip is now -- and on the bay side. On another part of it, you have the
expressway that is blocking it, and then the part of Biscayne Boulevard, where Bicentennial Park
is, you have one big portion of it, the plant for Miami -Dade Water and Sewer that blocks anyone
from entering through there and then the only real area that you have left is where the curve is,
which is very difficult to get in and out. So, basically, what you have is a park that is completely
locked in from the public being able to enter it. By filling in a good portion of that slip or
whatever amount this Commission sees fit, what you will, in essence, do is open up all of
Bicentennial to the public so that from Bayfront Park to Bayside to the American Airlines Arena,
all the people that go to the different activities there can just walk right into Bicentennial. At the
same time, by the new value that is going to create for the City of Miami, depending on how
much we fill in, it is going to create a very excellent value of the City of Miami based upon the
present value of the property there, as it's being estimated by the City. So, from both points of
view, that's we would look at it, from what would it do to make that whole area accessible to the
public, to the actual value that is going to bring to the City on the new created land. It's a win-
win for everyone. The one thing that we don't need --. I don't think -- to get into is what will be
done with all that property now or in the future because I think this is a topic that requires a lot
more studying before we can decide what to do there. But whatever is decided to be done in
Bicentennial and the FEC property that we still own, the best use will be gotten from it by filling
in a good portion of the slip. At the same time, you have two other smaller inlets on the
Bicentennial side that I feel also would be extremely beneficial to us, to fill those two smaller
inlets in. They are slightly over an acre. This way you will get a straight line of the Bicentennial
side for any future birth of boats there and it will make for a much easier baywalk in that area.
220 July 27, 2000
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11
I'll be open for any statements from members of the Commission at this point.
Commissioner Regalado: Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Regalado: Question for Bob. What you're saying is that the more you fill and the
less seawall, the cost is less, but at the end of the day, the value is greater. That's the fourth
option.
Mr. Nachlinger: Yes, sir, that's exactly what I'm saying. With the price of seawall construction
estimated at thirty-two hundred dollars ($3200) a linear foot and the cost for fill at six dollars and
thirty-three cents ($6.33) a cubic yard, the more you fill, the less seawall you have to build, and
the ultimate cost estimate for the entire project goes down.
Commissioner Regalado: And I agree with the Mayor in terms of not discussing what that place
will become. But if I think that if anybody would try to develop that land, they will take care of
future seawall if they have to do something. That will be part of the development, right?
Mr. Nachlinger: Yes, sir.
Commissioner Regalado: OK. That's some of the questions that I had. I'll have more.
Vice Chairman Gort: Mr. Mayor, this is something that's been discussed quite a few years back.
We've discussed it -- please, somebody correct me if I'm wrong, but that used to be the Port of
Miami, and that used to be the open space there. It used to be one of the slips that was open up
for one of the ships. I think at the time that we're discussing with the County what we -- maybe
move part of the port into that area, make a lot of sense. Now that that no longer is -- those plans
in existence, I think the -- the more land that we have there, the better development we can have
in there. Like I stated before, I don't think we discussed here today what's going to be built in
there because there is a committee that's looking at the Bicentennial Park and the different
departments with the DDA (Downtown Development Authority) and -- our Planning
Department. They are going to come back to tell us what to do with that. I don't have any
problem. I think this is something we discussed in DDA for a long time. I don't have any
problem in filling the whole slip, though.
Mayor Carollo: Commissioner Winton.
Commissioner Winton: Mr. Chairman -- Mr. Mayor.
221 July 27, 2000
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Mayor Carollo: Go ahead, sir.
Commissioner Winton: I guess a number of things. You and I have discussed this concept of
filling this slip in a number of times and, as I told you, my initial reaction was not favorable.
Then I began to lean in the direction that thought it wasn't bothersome. We had a presentation
from staff though on the kind of -- their vision of what this park might look like, this whole area
might look like at the last Commission meeting, and there were some really neat ideas that made
that slip really a very attractive and potentially valuable component to the redevelopment of the
park, and after that presentation, the Commission made a decision to appoint me Chairman of the
Bicentennial Park Planning Committee, which was a committee that was already in place, and
essentially, gave this committee the directive to finish a Comprehensive Master Plan within four
to six months. So, we're talking about a very short time frame here. So, it -- a number of points
here. It seems to me -- and I have to admit. I have an open mind about the whole issue here.
But it seems to me, from a timing standpoint, that we're getting the horse -- I mean, the cart in
front of the horse here. If we've got a committee that's a very broad based committee trying to
plan that whole area there, it seems to me that this decision about filling or not filling and what
the whole area looks like, ought to be completed in that planning process. And -- now if staff s
being directed to look into and analyze further the mechanics associated with the costs of doing
this, that's one thing, and I'm not particularly bothered by that. But to make the decision today,
when you've got a whole planning task force at work here, doesn't seem to me to be the right
sequencing of events. So that's a point. The second point is that when you talk about value of
the fill, there is the value that we're associating with that assumes that you're going to sell the
property. Otherwise, there is no value. There is only a cost. So, you have to be prepared when
you're thinking about it in this light, this cost benefit relationship. You have to be prepared
immediately to -- in order to latch on to that assigned value, you have to be prepared emotionally
for the fact that you're going to sell that land to somebody that's going to develop it. That's how
you generate that revenue stream. And, again, it seems to me, in terms of a planning process for
that whole area, we're premature again, that we really ought to give this planning process -- it's
only four to six months down the road, which isn't long. I mean, it's not like a one to two year
process -- we ought to allow that process to complete itself and that process could also have part
of the assignment to help think about what the future of that slip is and whether you fill it in
partially or fill it in all the way, you don't fill it in, and those kinds of things. It ought to .just be a
part of the planning process, and those are my thoughts.
Commissioner Sanchez: Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Sanchez: We find ourselves today -- and I think in many, many years, this City's
going to have to find or create ways to find what I consider to be revenues of course to provide
222 July 27, 2000
•
better service, lower taxes, and I believe that one of the things that the Oversight Board and Blue
Ribbon Committee have always emphasized on City of Miami is to create ways to bring revenue.
I tend to agree with most of the statements that my colleagues have made here today, the process
has to be studied. Commissioner Winton is absolutely right. If we're investing money to fill that
-- is because, in the long run, we're going to have to sell it and make money out of it. But I think
that looking at it in the process that exist, the Bicentennial committee, which you're absolutely
right, you're the chair and you're on -- you're going to be in the hot seat soon -- you know, you're
going to have to find ways to build it in the master plan and see what they create. Whether we.
fill in a hundred yards, 300 yards. But I think that, if we look at it in a long way, to provide a
better service for our community and lower taxes and try to put Miami where Miami should be, I
think that we're going to be forced to make very tough decisions. And I see this coming close --
we may not be alive to see it but I think we will be forced to create land because of the way that
the expansions are in building. I mean, unless we go way, way into the Everglades, we're going
to be forced to create land. So, it's premature right now. I have an open mind, just like I stated
before, on this concept. And I'm just going to sit back and see what the will of this Commission
is, whether to send it over to this committee to study it and bring back, whether it's included in
the Master Plan, and see in what ways we could make the best use of that, whether it be to bring
revenue to the City or not.
Mayor Carollo: Let me say before the other two members of the Commission speak that I'm not
looking to sell any City land from here on, whether it's old land or new land that we create or
inherit. If with are to develop the Bicentennial site in a way that it would be a modern, urban
park, that people can enjoy it and, at the same time, will bring the revenues that we need to run
that park, and more for the City, there is no doubt whatsoever in my mind that a good portion of
that slip is going to be filled in. It's just in that aspect alone, if we look at it as far as opening up
Bicentennial, you bring in another fully -- a new point of looking at it, that you have to open up
Bicentennial. My discussions, since Commissioner Winton has practically come on this body,
have been with him to be very clear that I think, in the City's future that has to be filled. And
what happens many times in this City is that we put so many committees -- we talk so many
things over; we look at so many things and that's how you kill things in the City, and we never
get anything done. And, gentlemen, I am tired of seeing that, in the last two and a half a years,
so many of the plans that were put forward since 1997 by me, with the help of others, they are
dead in the water. We're not doing nothing in moving forward in developing our most valuable
assets. Whatever will happen in Bicentennial Park, a good portion of this slip has to be filled in.
Otherwise, it would fail, no matter what you do there. And I think that, in essence, the biggest
and even more of a challenge that the committee that Commissioner Winton has -- and I think
would be a more important challenge would be to come up with the ideas of what to do with that
whole area, including with the slip, that is going to be filled in, up to one point or another. Right
now, what the administration have done and one of the suggestions: Number three was to fill in
about three quarters (inaudible). Commissioner Teele.
223 July 27, 2000
•
Commissioner Teele: I'm very interested in hearing what the public is going to say on this
before I --
Mayor Carollo: OK. Commissioner Regalado.
Commissioner Regalado: I also want to hear some of the members of the Waterfront Board and
also from the administration. I'm not in agreement with you, Mr. Mayor, in terms of nothing has
been done. I guess that, if we were to blame somebody, we have to blame circumstances
because there have been change of government, change of administrations, and nothing has been
done. For instance, in Virginia Key or the Marine Stadium or Watson Island. The project that
this Commission approved for the visitors' center has not gotten off the ground. I understand that
the new Manager has now been talking to the Greater Miami Conventions and Visitors Bureau,
but I don't know who are you blaming in terms of the committees. I think that the input of the
people is important. Just recently, this Commission, who agree -- I guess everybody agrees, you,
and everybody to have a Children's Museum, did not do anything and referred that because there
is -- there was a will of the Commission and the will of the residents to have a Master Plan for
Bicentennial, and now, we're facing this decision, like you said, I agree with you, that eventually
that would have to be filled. But to say we shouldn't do the children's museum and we should do
the filling of the slip, I don't understand in what context we're trying to rush this thing. But I
guess the Commission will decide. I agree that, you know, the committee is -- has set a time line
and this Commission pressured Commissioner Winton's committee to come up sooner than later
with a report in the next four months. So, my thinking is, if he can commit to come back with all
the details and all the Master Plan and all the recommendations in a four-month time line, I will
be in favor of asking the committee that Commissioner Winton chair to study this issue and bring
it back with the whole Master Plan.
Mayor Carollo: John, go ahead.
Mr. John Brennan: For the record, my name is John Brennan, 2336 Swanson Avenue. I'm a
member of the City's Waterfront Advisory Board. I looked at the information that was available
to us this morning at 9:00 and there was no information. The numbers that I got right now tell us
something in the magnitude of fifteen million dollars ($15,000,000) to fill in this slip. When you
fill in the slip --
Mayor Carollo: No, John, there is no fifteen million dollars ($15,000,000) to fill in the slip.
Mr. Brennan: Fifteen million dollars ($15,000,000), seven for the first half, four point eight
million for the -- up to three quarters
224 July 27, 2000
Mayor Carollo: You're reading the parts that you want, John. There is a lot of different options
of what could be done.
Mr. Brennan: I'm just adding the options together that your Manager gave us.
Commissioner Winton: But you can't add them together, John. They are separate.
Mr. Brennan: No matter. A lot of money and it's tax payers' money we're spending. I have to
agree with Commissioner Winton, that until you're ready to either sell it or use it, it's just a pile
of dirt. You fill it in; it's a pile of dirt. You can say it's valuable but until you've actually sold it,
it has no value. This has not been before the Waterfront Board. I would appreciate if this
Commission would see to it that it does get before the Waterfront Board. There is a possibility
of moving the Mega Yacht Marina into that area. We haven't evened looked. They haven't even
considered it until it popped up on the agenda. Probably, it would be better if the Commission
recommended that you put this all on hold until after Commissioner Winton's committee had
done its job completely. I can only say thank you for your time; but to me, when you get rid of
water, you're getting rid of an opportunity to have access to the bay and the public in this
community came down here for access to the bay. Thank you.
Mr. Robert Parente: Gentlemen. Robert Parente, 751 Southwest 27 Road. I, too, am a member
of the Waterfront Advisory Board. To fill this in and then say "let's decide later what to develop
there" is sort of like deciding to paint your house and then hire a decorator to come in and look at
it. I mean, there is no value to do that. At the Waterfront Board, we have heard a number of
ideas from citizens about what they would like to do with Bicentennial Park and, hence, the
committee was created. One of the things we've heard is the return of Pier 5 fishing fleet, which
was decimated years ago by Bayside and never fully recovered in its Watson Island home and
was once the pride and glory of Miami there at Stn Street where Bayside now resides. Someone
has come up with the idea of recreating that in that slip. We've also heard from people at the
Chamber, who have -- this is not a chamber position, but people who work there on their military
affairs committee, who, once again, would love to see the return of the military ships. There has
been a recent big -- the tall ships event that was just here recently. And there has been talk about
creating an ongoing yearly presence of tall ships coming in and out of Miami Harbor, and that
can happen there. Certainly, the Port of Miami could not accommodate something like that. The
fact that we have a standing committee studying this should alone negate this discussion today
and we should just let them do their job. But let me make a few other points in case that's not
enough. The City of Miami Commission, in their wisdom created a Waterfront Advisory Board.
This Commission, in its wisdom, also passed an ordinance several months back that said that any
waterfront development, in its conceptual planning stage, must, by ordinance, come before the
City of Miami Waterfront Board. We have not had the pleasure of seeing any of this stuff. We
have not heard any of the details of why filling it in might be a great idea. It might be. I don't
225 July 27, 2000
•
know. Commissioner Winton said he keeps an open mind. I do, too. But I don't know if I stay
open as late as he does. So, I would like to just urge you today to please let Commissioner
Winton's committee continue its process and air out all the possibilities before you put one
bucket full of beach sand into that slip. Thank you.
Ms. Blanca Mesa: My name is Blanca Mesa. I'm here on behalf of the Urban Environment
League. I'm the President elect of the UEL (Urban Environment League), and Greg Bush sends
his regards. He's out of town. So, we also wanted to say that we agree there is a standing
committee that this Commission, in its wisdom, decided to create; that it's chaired by
Commissioner Winton. It really hasn't had an opportunity to come up with a plan. We feel that
that would be the more prudent course. The slip, in fact, is valuable waterfront property to this.
community, which may, in fact, be something that could generate revenues. They mentioned the
tall ships. There is a possibility of a marina. There is a possibility of bringing back the military
exhibitions. These are all things that would generate traffic into Bicentennial Park, which is
something that we need to do into the downtown area. Would also be tourist attractions. More
importantly, I feel that -- it's important to let the process of Commissioner Winton's committee
proceed because this is actually a very important piece of property with a long history. It was
paid for by the Parks for People bonds in the late 70s. It was actually very expensive to acquire.
It underwent very long and difficult -- I mean -- domain proceeding acquires some of these
parcels in the FEC (Florida East Coast). And, in fact, it guarded most of the Parks for People
bond money on taking money away from Culmer, Overtown, and other inner City parks, so that
we would acquire this land, but at that time the Commission and the public felt it was important
to acquire this large piece of waterfront land. So, a public process that Commissioner Winton's
committee will undertake, I think, is very important -- that we're really can't proceed ad hoc
today to make the decisions. And, finally, I would like to consider that this is actually a very
environmentally sensitive area and you need to ask yourselves, as you deliberate, has an
environmental impact study been done? Has there been any consultation with the Army Corp of
Engineers or DERM (Department of Environmental Resources Management) or EPA
(Environmental Protection Agency). These are all agencies that would have an interest in
standing to question any kind of environmental damage or changes, which would be involved in
the filling of the slip. So, I don't know if we have really considered what the costs would be at
this point. This is something that needs quite extensive research. The public has not seen those
figures because that wasn't part of the back up today, so I think that we should see that. As I
leave, I just want to present these points in writing so that you may study them as you deliberate
today. Thank you.
Mayor Carollo: Thank you, Blanca. What is your address again? We need that for the record,
please.
Ms. Mesa: Well, I'm here on behalf of the UEL. My home address is 544 Fernwood Road.
226 July 27, 2000
Mayor Carollo: Key Biscayne, right?
Ms. Mesa: Yes, it is. Where your daughters go to school, right? OK. My son goes there.
Mayor Carollo: That's correct. One daughter. Anybody else want to speak? Thank you.
Anybody else?
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Go ahead.
Commissioner Teele: I have taken the position in the past that there is no need to fill in the slip
for one simple reason. If you drive down Biscayne Boulevard, going north from the
Intercontinental Hotel, there is not one way -- one place a person can observe or see the beauty
of our bay until you get to the slip. The way the park, the Bayfront Park is designed and the way
even the Bicentennial Park is designed, it blocks the view of the bay. And I believe that,
unintentionally, the slip has served as an obstacle to every scheme and potential plan and
developer that has tripped up and come down the road because it's still a beautiful view of the
bay. Now, what you have proposed in the context as you've proposed, it makes a lot of sense, I
think, based upon what you're proposing. First, we talk about filling in land, creating value. Mr.
Manager, Bob, you went through all those numbers. I get lost in numbers sometime. Can you
sort of focus in on what the square foot value or the square foot cost would be? You gave a
whole lot of costs of seven million, three million, but we're talking about roughly nine point five
acres. Round it off to 10 acres, if you just make the math easy.
Mr. Nachlinger: All right. The cheapest option then would be filling the slip out to its entire
length, and that would have a per square foot cost of approximately seven to seven dollars and
fifty cents ($7.50) per square foot cost.
Commissioner Teele: All right. So, if you take a high number, say eight dollars ($8) a square
foot, and you don't fill it all the way out, you know, that's a no-brainer. If the issue here is
money, evaluation, creating cheap land, this is a brilliant proposal because at eight dollars ($8) a
square foot, land on Biscayne Boulevard right now -- abutting Biscayne Boulevard is selling in
excess of a dollar fifty ($1.50) a square foot, and that's on Biscayne Boulevard. Now, you get
waterfront land, et cetera, -- you know, you're in the. hundred and seventy-five, two hundred
dollar ($200) a foot range. So, the context of what is before us, as it relates to property values, as
it relates to how do you create values, is brilliant and it is something that clearly should be given
some deference in the context of creating land values. However, I take a totally different view of
this and that is, that I really believe that creating and preserving a quality of life is very, very
227 July 27, 2000
important. I mean, I think there is no valuation you can put on quality of life. Having kids or
people that can drive down Biscayne Boulevard, see the bay, I mean, you know, what's
happening on Miami Beach more and more, you can't see the beach. It used to be a time, you
know, mid eighties, you could drive down Collins and see the beach. As a development comes
on, it's blocking that. I think we ought to work aggressively to preserve that. Now, to the extent
filling in the slip, provides greater access to Biscayne Boulevard. Again, on that point, I think
the Mayor's one hundred percent right. I don't think -- you know, unless you are a manatee or a
duck, you know, getting from the arena to Bayfront Park is -- you know, that's running an
obstacle course. So, again, the context of filling in a part of the slip, a portion of the slip to
create greater linkage from the arena, which is one of the premier destinations in our City today,
to the park makes a lot of sense, and I can't find fault with that. I guess where I come out on this
is the following: Before we all jump to conclusions -- let me put this on the record. .The only
way I will support filling in the slip as an absolute, is it therapy, at least some dedication of a
view corridor and some creation of a trust, other than the five Commissioners and Mayor of the
City of Miami. But donating, if you will, an easement or a trust -- sort of like in farm areas,
where we -- you know, you create these assignments of development rights kinds of things. If
we're talking about making this a lot more functional, it makes a lot of sense. One of the
problems I think that you have, Commissioner Winton, is that the mission of the committee talks
about Bicentennial and the adjacent areas, the FEC (Florida East Coast) slip -- this slip is a part
of the old FEC purchase. Is this a part of the Bicentennial purchase or the FEC purchase?
Mayor Carollo: FEC.
Commissioner Teele: We need to clarify the record on that. And, technically, we're talking
about a whole nother track of land. This is a part of the FEC that was not sold to the County
when the County purchased the land for the arena. But I don't think -- I mean, without splitting
hairs, it's clearly within the sphere of influence of that committee, and whatever happens on one
side needs to happen on this other. The resolution before us is a resolution directing the City
Manager to -- let's just skip that word -- procedures to cause a deepwater slip area, known as the
FEC, located north of the Miami -- the American Airlines Arena and east of Biscayne Boulevard,
to be filled in and to further direct to the City Manager to report to the Commission, within thirty
days, regarding the same procedures necessary. If the Mayor will accept an amendment to this
resolution, I would propose somewhat of a compromise and the compromise -- and,
Commissioner Winton, I'm very mindful of the comments that you have made -- is to direct the
City Manager to investigate the procedures to cause a deepwater slip, known as the FEC,
property located at the American Airlines Arena, and east of the Biscayne Boulevard in Miami,
to be filled in and to report the detailed costs, timetable and several configurations of what or
options of what the fill-in configuration would be; and to further report the coordination issues
associated the DERM, EPA and the Corp of Engineers, and directing the Manager to report back
to the Commission within a hundred and twenty days. The hundred and twenty days puts you on
228 July 27, 2000
•
the other side of the time line of the committee and it brings these two things together.
Obviously, I think the committee should not be saddled with a specific recommendation and, that
is, I think the recommendation from the Mayor should be given deference, but I think what we
can do is have this to operate on a dual track, allowing the Manager to come back and,in effect,
to investigate the procedures and to provide detailed costs, timetable, and several configurations.
The thing that makes me most uncomfortable about this discussion is that, if we made a mistake
on the old arena, we, the Commission, we should not have tried to be engineers and design the
old arena, and a lot of the final problems that that arena had came from this dais, and decisions of
the Commission. I think we should ask the Manager to come back with several configurations of
what the fill-in would look like, whether it's 80 percent, 75 percent, whether it's a slither that is
preserved, waterfront slither of some type could be preserved -- I mean, there is any number of
professional recommendations that could come forth. But I do think to try to make the decision
to fill it in at 80 percent, 75 percent -- obviously, I think, if we're going to fill it in -- Mr. Mayor,
are you still supporting a notion that maybe there can even be a marina here at the mouth of this?
Mayor Carollo: That's what one of the options that the administration had and that's one of the
things that has to be decided, is what size do we need. Do we need 300 by 300? Can it be 200
by 200? What you're suggesting, Commissioner is very reasonable. In fact, it's going to take at
least that time to put a lot of the procedures together before we could finalized in putting out the
RFP (Request for Proposal) to bid the project out. So, that would fall in line with what it would
require for this City to do in putting out an RFP.
Commissioner Teele: Well, the point that I want to make is, number one, it doesn't oblige just to
fill it in. Number two; it doesn't put the burden on Commissioner Winton's committee of trying
to decide is the fifth slipped filled in or is it not? And what those options are? So, that
committee is free to come back with a slip fill-in or to come back with something totally
different. But it does require the Manager to investigate that independently and to come back in
hundred and twenty days, which is the same time line that the other committee would comeback.
And I think, providing the configurations respond specifically to only -- of the other concerns,
my concern on this is not to fill in the slip, at all. My concern is how do we preserve the view
corridors? And that consideration is totally contrary to most of the discussion about creating
more value in all of that. I think it clearly is something that makes the Bicentennial area, in some
way or shape, more accessible. Even the Planning Department study that they presented showed
a bridge. It was sort of an aerial bridge. I don't know if you remember. But it reminded me of a
monkey -- what we call in the Army, the monkey rope that you -- you know, it looked kind of
scary to me, to be honest. But that's the bridge apparently that's in Denmark or wherever that is.
So, I think we all recognize that there needs to be greater access from the American Airlines
Arena going north across there, and this is one approach. And, so, Mr. Mayor, if that approach
changing the word "initiate" to "investigate" and giving that hundred and twenty days with those
other amendments, and bringing in the public's comment about -- a part of that investigation
229 July 27, 2000
0
0
would be to coordinate with DERM, EPA, the Corp of Engineers and other bodies so that we
could have one comprehensive report at the time.
Commissioner Sanchez: On your --
Vice Chairman Gort: Mr. Mayor?
Mayor Carollo: Yes. Commissioner Gort.
Vice Chairman Gort: I'll second the motion. And for discussion purposes, there is a couple of
things that I would like to state here. Number one, when the negotiate plans for the Bayfront
Park was created, I think it was 13, 14, 15 years ago, the main corridor for the view -- for the bay
was to be Flagler. That's why the -- they made to motion at that time to knock down the library
that was blocking the view from Flagler to look into the bay and that's why the fountain was
created in the middle there, to create that avenue and to look into the bay, and that's what the
negotiable plan was there. Number two is, Commissioner Teele, I was one of the founding
members of the Sports Authority that selected the site and selected the arena that now everybody
calls the (inaudible), but I remember when we discussed in the arena, we asked everyone to give
us their input, even -- at the time the people were going to bring the basketball and we were
going to have more seats in that arena, but they decided not to because they didn't think they
could sell that arena. The reason we selected that site that we did because we thought that that
would be a complement to the development of Bayside and -- I mean, Park West side, and that
would increase the development in that area. And we seen that the stadium did not function that
way, on the contrary. It didn't work that way. So, I just want to make those points clear and, for
that reason, I second that motion.
Commissioner Sanchez: Further discussion.
Commissioner Teele: OK. But on the point -- Commissioner Gort, I did not mean to make
reference to the location of the arena. I'm talking about the decision to move the skyboxes from
mid court to upper court, which was a decision of the Commission, which changed the
economics of that stadium.
Mayor Carollo: Commissioner Sanchez.
Commissioner Sanchez: Just for clarification, Commissioner Teele. On your resolution, that
would include the costs of all permits and to include feedback on the EPA, Army Corp of
Engineers and DERM.
230 July 27, 2000
Commissioner Teele: Yes, sir.
Commissioner Regalado: Mr. Mayor.
Mayor Carollo: Commissioner.
Commissioner Regalado: Yes.
Mayor Carollo: Go ahead.
Commissioner Regalado: On the amendment. Is there any way that you would include a
briefing or a report of the Manager and anybody interested before the Waterfront Advisory
Board because we are denying what we did and what this Commission did is, we said anything.
Commissioner Teele: I will accept that as an amendment. And that the report go before the
Waterfront Board at least 30 days prior to coming to the Commission.
Mayor Carollo: Within that time span of a hundred and twenty days.
Commissioner Teele: Within that time frame, yes. Within that time frame.
Mr. Carlos Gimenez (City Manager): Mr. Chairman.
Mayor Carollo: Yes, sir.
Mr. Carlos Gimenez (City Manager): Per request of the administration, be granted the authority
to expend up to fifty thousand dollars ($50,000) to hire the experts that we need in order for us to
make an informed recommendation to you on the different configurations.
Commissioner Teele: I will accept a reasonable amount in here, with you coming back to us in
September and telling us exactly what it's going to be.
Commissioner Winton: Mr. Chairman.
Mayor Carollo: Go ahead.
Commissioner Winton: That's a great point and it's a point I wanted to bring out relative to this
committee and, frankly, the committee is a pretty large committee and has already had two
meetings. And a point of correction also. At the last meeting we gave this mission four to six
months, saying that we were going to try to get it done within four, but the time frame was four
231 July 27, 2000
r
to six by the way. Secondly, we -- you can't do the kind of planning that this committee is going
to do without funding. So, I was planning on coming back here to get some sort of funding, and
we're also getting matching dollars. We've got a committee set up specifically to look at -- and
you didn't hear this part, Mr. Mayor, but one of the subcommittees of the overall committee has a
responsibility to look at the whole economics of whatever is done there and there are two
component parts to that. One is figuring out how we can get some funding support for doing
some of the planning, and the City's going to have to belly up to the table with some money, but
they are working on that also. And the other part, though, is for this committee to figure out
what it's going to cost and where we're going to get the funds to develop the park whatever way
it's developed, so that this isn't just another pretty picture that goes on a shelf and we all forget
about it because there isn't any way to get it implemented. So, that's an important part. And one
of the specific directions that I will give the overall committee is that, in our analysis -- included
in the analysis, which would be different variance to filling or not filling that slip, but this value -
- and I applied a sales value to it. Frankly, there is a -- that sales value can be converted to lease
value and lease value, long-term, can pay for improvements. So, there is -- so, what I'm trying to
say here is a number of things. We do have a very open mind about this -- I have an open mind
about it. But I'm very committed to process here, and I don't think that -- I think that this new
idea is a pretty good one. And a couple of other points. But I don't want to lose track of the
funding thing. In order for us to get this done, I've got to come back before this City
Commission, and we weren't ready to come back to today's meeting, so that 'means we can't
come back until September. But it seems to me that if we can figure out right now how we can
pull funding together to do this component part of it. We ought to be able to figure out right
now, today, how to pull some funding together to allow the committee to do its study, as well.
So, that's a -- if we can come up with one, we ought to be able to come up with the other.
Commissioner Regalado: If I may, Mr. Mayor. Commissioner Winton, I think that your
committee should share the same experts and the same information that the Manager is talking
about when he said of hiring some experts. That expert should work for your committee and for
the Manager. Because you're making an important decision as the Manager is, and, so, I would
ask the Manager to bring back that in September, right? And the chair expertise.
Commissioner Teele: Let me -- if I -- Mr. Mayor
Mayor Carollo: Go ahead.
Commissioner Teele: Mr. Mayor. You know, look, I appreciate everyone's concern about
money and time but, you know, one of the things we've got to be careful about -- we always
talking about "act like a business." What business in America would say, " well, we'll get back
to this in 45 days -- 35/45 days." Add the fact of the matter is Bicentennial Park has a value --
somebody can put any number you want to on it. Two hundred dollars ($200) a square foot is
232 July 27, 2000
the minimum value that it's worth. You know, I've seen the previous studies that said seventy-
five dollars ($75) a square foot from the City staff. You know, that's just not reality. At least
over the last hundred and eighty days. We have -- the Manager has before him contingency
dollars in our budget, which are appropriate for this. It doesn't make money to do a study of a
half a billon dollars worth of real estate in terms of what it can develop on the cheek. And, so, I
think, what we need to do is ask the Manager to confer with his staff, when we take up -- while
we take up this other item, to take it up as a separate resolution, and to move the dollars from the
reserve, reserve for operational purposes. I'm not talking about strategic reserves. I'm talking
about the operational reserve. We put in there, what, three million dollars ($3,000,000) a year?
What do we put in our budget this year, three, four million?
Unidentified Speaker: Four point nine.
Commissioner Teele: Four point nine? So, we're in the fourth quarter and if it ain't been spent,
it ain't going to get spent between now and October 1, I can tell you that right now. So, I don't
think we ought to shoot ourselves in the foot and have a lot of discussion about this. We ought
to ask the Manager to come back to us and give us a realistic number as to what he can support
to support both activities and take this up today as a consensus pocket item.
Mr. Gimenez: Yes, sir.
Commissioner Winton: And one last point on this. We also have coming to this community --
and we have to consider that, just as it relates to timing, not the end result but the timing -- and
that is that the Volvo Around the World Race, or whatever that thing is, is coming to Miami in
2001,2002?
Mr. Brennan: Yes.
Commissioner Winton: Two thousand and two. And their primary location for their whole set
up is that slip right there, and. that's going to bring an awful lot of press to the City of Miami. It's
a big deal. That is my last comment. But I think that Commissioner Teele's -- I'm in support of
this alternate proposal that Commissioner Teele has proposed.
Vice Chairman Gort: Call the question.
Mayor Carollo: All in favor signify by saying aye.
The Commission (Collectively): "Aye."
Mayor Carollo: It passes unanimously
233 July 27, 2000
•
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 00-705
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO INVESTIGATE PROCEDURES TO
CAUSE THE DEEPWATER SLIP AREA, KNOWN A THE FEC
(FLORIDA EAST COAST) PROPERTY LOCATED AT NORTH OF
THE AMERICAN AIRLINE ARENA AND EAST OF BISCAYNE
BOULEVARD IN MIAMI, FLORIDA, TO BE FILLED IN; DIRECTING
THE CITY MANAGER TO PRESENT HIS REPORT AND
RECOMMENDATIONS TO THE CITY COMMISSION WITHIN 120
DAYS FROM THE ADOPTION OF THIS RESOLUTION
REGARDING THE PROCEDURES NECESSARY TO EFFECT SUCH
ACTION, DETAILING COST ANALYSIS, ESTIMATED TIMETABLE,
FILL-IN CONFIGURATION OPTIONS, AND ISSUES ASSOCIATED
WITH THE DEPARTMENT OF ENVIRONMENTAL RESOURCES
MANAGEMENT, THE ENVIRONMENTAL PROTECTION AGENCY,
AND THE CORPS OF ENGINEERS; FURTHER DIRECTING THAT
THE CITY WATERFRONT ADVISORY BOARD THIRTY (30) DAYS
PRIOR TO PRESENTATION OF THE REPORT TO THE CITY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the 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.
234 July 27, 2000
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Mayor Carollo: Let's go to the other lesser controversial item.
Commissioner Sanchez: That would be S-2 then.
Mayor Carollo: That would be S-2. I'd like to make this as short as possible because
what I'd like to see is for the Manager — we have until the 81h to give to the Clerk of the
Courts and the Elections Supervisor any Charter amendments — and, again, I apologize
for my voice — any Charter amendment that we want to place on the ballot, November 7th
What I'd like to do is to meet on the first week of September so we can finalize that, and
then anybody that wants to come and talk for, against, say anything, bring whatever, will
have plenty of time to do it, but what I think that this body needs to decide is if it wants to
give the instructions to the City Attorney to come back to discuss two possible Charter
amendments. One is the one that I've discussed, you've been hearing. I think another
possibility that has been discussed with me is one that will modify the present Off -Street
Parking Authority and that is to change some of the Charter provisions that we have,
along with making the board different than what is, where three of the members might be
chosen from up here, new ones, and out of the members of the present board, they could
decide by themselves which two would like to remain serving, but that's just another idea
that I think some — at least one or more members of the Commission wanted to discuss.
My bottom line is that any which way it could be explained to me — I know that the City
of Miami is not receiving millions of dollars more every year that we should be receiving
from our parking, and I don't care which way it's going to be done. The bottom line is
235 July 27, 2000
that I want the City of Miami to be receiving what every other city, major city receives, a
fair share of its parking revenues, and that's the bottom line to me.
Vice Chairman Gort: Mr. Mayor?
Mayor Carollo: Yes.
Vice Chairman Gort: I would like to tell you, as past chairman of Off -Street Parking, the
one thing that I'm proud of that organization. If you look at your top executives right
now, they're the people that began way at the bottom of it and they've done a tremendous
job. I think to make it — and we discussed this before — to make it a City department
might not do our — what we're looking at. I think the idea of the board -- having
members of the board set by us, I think that will be able to do it. In looking at the
numbers, the most profitable in here, it shows the cost to Washington, DC was privatized
and the relationship of the cost of expenses, thirty-two percent. Our cost revenue is forty-
two percent. So, we're ten percent off in here. And the thing that I would like in the
meantime is for — if you all had the chart here -- I think you all should look at the chart
here. And you have, for example, Denver. The cost of the expense, per revenue, is only
sixteen percent. Dallas is a lot higher, but Denver is fifteen percent and you have
Chicago lower also, sixteen percent. You should look at some of those things and see
what we can come up with, how we can improve this. The one thing I have always told
everyone from way back is, we use the City's sidewalks; we've never been paid for that
before, and we should be paid for that now. I believe — we have some very good staff,
some very good professionals. We would like to see more revenue come into the City.
Mayor Carollo: Well, what — and let me be very specific in this. What — it is my full
intention — I don't care which of the two vehicles we end up using. I might favor one
more than the other, however, but my intentions are to put this out to bid and privatize the
Off -Street Parking Authority. As you all mentioned — and, Vice Chairman Gort, you
pointed out Washington, D.C. Well, Washington, D.C. was privatized. It's bringing in
gross revenues of about twelve and a half million. And just to think, two and a half years
ago or three years ago they were bringing only two and a half million. So, there is
something to that effect. So, you see the difference by privatizing this. And I am sure
you all have the top companies in the US that will be willing to come in and bid on this
and guarantee us a set income above what we're getting now, and that would be, in my
mind, very substantial.
Commissioner Sanchez: Mr. Mayor?
Mayor Carollo: Yes.
Commissioner Sanchez: If I may, Mr. Mayor. I think we have one responsibility up
here, as elected officials for the City, is to look out for the City's best interest. I don't
think anyone up here, including the people from Miami Off -Street Parking Authority,
will dispute that the City could be getting much, much more than it could get out of that
agency or department. There are a lot of questions to be asked that may have some
236 July 27, 2000
concerns, whether we privatize it or not, which I am leaning toward, as long as we come
with ways that it's done right and the scenarios that are put forth, and you have two that
we could study, and we make this determination based on facts and we analyze it and we
don't rush into things. Of course, there are a lot of questions that we could ask. One is,
would it affect the bond ratings that they have, which is "A+" plus right now, which I
don't know whether they will or not? The other one would be, would you lose the ability
to finance new parking projects, which are going on in the City and providing? And that's
a concern also that we need to address. Also, would the parking rates go up, which was
another concern that we need to address? And I think a lot of people are going to be
asking those types of questions. Of course, I, myself, have been one that have always
said that I'm willing to let the people decide on what affects them in their government,
and I don't want this to sound like an anti -democratic issue. But without any doubt, I
think that the — you taking the leadership in putting this forth is to say that the City could
generate more money. You know, I've had people come tell me it's a brand new issue.
This is not a brand new issue. This issue has come to light. For the last two years that
I've been here, you've brought it up several times, saying that the City could generate
more money. I am of full support that we could generate more money, but I think that
what we need to do is find ways not to rush into this and see what we could — what
scenario could be put forth. I know three that came out and I was taking notes on them.
One is to bring back into the City and continue to have Off -Street operating. That's one.
Putting it out for an RFP (Request for Proposal) for the private sector is another one. Of
course, having the City run it, which I totally oppose — and I'm saying it right now. First,
I don't think we have the resources. First. The impact that it will have on the City, on
more salary increases for people coming in, falling onto the union status. It's not good
for the City. But I'm going to sit back and see what this Commission wants to do and
then, if it's to be put out for the voters — it went out in 1992 and in '97. It shall go out
again and we will see.
Vice Chairman Gort: Mr. Mayor, one of the things that we need to realize, whether we
privatize or not — and this has to be part of the RFP or RFQ — the reason that Off -Street
Parking was created because downtown Miami, when it was planning — when it was
developed, it was developed without parking. So, most — I would say 90 percent of your
retails do not have parking. We finally --one of the biggest problems that we have in
people coming to shop in downtown Miami is the lack of parking. So, we have to make
sure we have established certain programs that benefit the merchants in the area, and that
those programs maintain the visibility in there because that's going to be the life of the
central business district.
Commissioner Regalado: Mr. Mayor?
Mayor Carollo: Yes.
Commissioner Regalado: What — I think that I, at least, am lacking, is information to
make a decision because I do have some documents from the Miami Parking System. I
got this from the Manager, the comparison of major cities' systems to Miami. I'm told,
for instance, that the Off -Street Parking Authority have bonds; that if we were to take
237 July 27, 2000
over that department, those bonds will be coming to the City, and that would mean that
we have to sort of pay more because of our quality of bonds. Is that one of the issues
involved here? So, there is no issue about bonds, at all?
Mayor Carollo: Let me go over that. Assistant City Manager Nachlinger feels that —
from what he said to me — that those bonds do not have to be paid out. I don't know if
that's the case or not.
Commissioner Teele: What law school did he go to?
Mayor Carollo: Well — hold on for a minute. That's based upon the — you've got the
advantage over me today. I can't speak. But I'm not so sure that's the case, and there's a
very simple solution to that. It's still not going to cost the City money. You put it out to
bid — if you had to pay those bonds out, then whoever comes in the bidding process, they
have to take that into the equation. They're going to pay it out. Therefore, we'll make
less than they would have offered otherwise, but we're still going to make more than
what we're making now. So, if you could proceed.
Commissioner Regalado: That is why — Mr. Mayor, you said that you'll call a special
meeting on September because I don't have that information, nor I was given any
information by the administration on this issue. Although, last week, we were told that it
was deferred to this week, so we — I, at least, didn't have any information. So, I don't
know if this is — what we're talking here is to come back on September? That's all.
Mayor Carollo: What I'm proposing is that we approve Resolution S-1, that is, asking
the City Attorney to prepare an amendment to the Charter of the City of Miami, as
explained here; to do away with the whole Department of Off -Street Parking, and bring it
into the City so that we could privatize it. At the same time, in this resolution, I would
like the City Attorney to draft another resolution, after the City Attorney can discuss it
with different members of the Commission to get their input, so that we could have two
different possible Charter amendments, to choose one over the other. And what I am
proposing on the second one is a hybrid that we will keep basically the engine of the Off -
Street Parking Authority, but we will renovate the whole vehicle and give the engine a
tune-up, where you can place in some additional members from this body and keep two,
possibly of the ones you have there. But before you finalize a second possibility for a
Charter amendment, I would prefer for you to get some additional input from
Commissioners on that.
Commissioner Regalado: Mr. Mayor?
Mayor Carollo: Yes.
Commissioner Regalado: I know that this is a priority and I know that you've been
working on this, apparently, several weeks with the administration, but I still don't
understand why you want to bypass the Charter Review Committee. If we put this on the
ballot in November, should we put other issues without the Charter Review Committee
238 July 27, 2000
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coming back to us? There are many important issues that we can even rush on the ballot
in September.
Mayor Carollo: Let me answer that question. This one is one that comes down to major
dollars for the City that we're losing. Since 1997 — and you were here with me. So was
Commissioner Gort — I had been talking about this. When I came back in `98, I was still
talking about it. At least we got out of them a little over two million dollars ($2,000,000)
a year that they didn't want to give us. And for the first time in the City's history, we
were getting some actual dollars coming into our General Fund from Off -Street Parking.
We have the potential of doubling — and I truly feel tripling — what we are receiving now,
and this means major dollars to all of our communities that can go right into the General
Fund, that we don't have to take from taxes, from fees. These are dollars that rightly
should have been coming to the City of Miami for years and haven't been; dollars that
would help the communities of the City of Miami that needs this money.
Commissioner Winton: Mr. Mayor?
Mayor Carollo: Yes.
Commissioner Winton: The argument that you make about the revenue side of this — and
you probably read my comments in the newspaper, where I said, "I'm trying to come in."
I am coming — walking in here with an open mind, and the dollars are — the potential
dollars are very attractive and you hate to sit here in a position and make decisions that
could prevent our City from putting those dollars, potentially, to better use. And I say
potentially on purpose because I don't know yet — because I don't have enough
information yet. I don't understand the repercussions of these kinds — of the kinds of
decision I'm having to make here today, and that's part of the problem. It would have
been a whole lot better — particularly since you've been working on this for so long -- if
you could have brought this to us three months ago so that I would have had the time, the
public would have had the time, we could have gotten the kind of input we need to
deliberate this critically important decision about the future of our City in an open
environment and have all the information out on the table, and then I feel I could make a
good decision. I can't make these kinds of crucial decisions with this kind of limited
information in this short time frame. This may be the smartest thing we've ever done.
Mayor Carollo: Commissioner, let me be honest with you.
Commissioner Winton: But I don't know.
Mayor Carollo: If you can't make it between now and the first week of September,
you're never going to make it.
Commissioner Winton: Well, that's your opinion.
Mayor Carollo: You've got that time.
239 July 27, 2000
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Commissioner Winton: I don't have time. When do we...
Mayor Carollo: You'll have that time.
Commissioner Winton: When do we have public input?
Mayor Carollo: Well, I'm saying it to you. You have that time between now and the first
week of September.
Commissioner Winton: Well, I happen to be going on vacation for ten days, so...
Mayor Carollo: Well, I'm not going on vacation. I'll be here.
Commissioner Winton: Well, then, understand, I'm not going to support either of these
proposals, given the time frame that we have. I think it's a terrible disservice to our
community to be force-fed this information on very short notice, without the benefit of
the kind of input that this community deserves to make this decision.
Mayor Carollo: Commissioner, you ran as a reformer. For once, truly be a reformer.
This is one of the biggest...
Commissioner Winton: I will reform based on information.
Mayor Carollo: This is one of the biggest decisions that you can make to show that
you're really going to be a reformer.
Commissioner Winton: Well, I make decisions based...
Mayor Carollo: Show me you're a real reformer.
Commissioner Winton: ...on all the information. I never make decisions on half the
information.
Mayor Carollo: Well, see, the difference with me is that I'm going to make the decisions
that I know are going to help the citizens of Miami. This Off -Street Parking Authority
was created in the "Good Ole Boys" system. It's been run as a good ole boy system,
where the City of Miami, if it would have had the income throughout the years that we
should have been getting from the system, we would have had tens and tens of millions
of dollars in reserves, throughout the years, of moneys that we have not gotten. You
know well because you're a businessman more than most anybody else on this dais — and,
particularly, since you have garages, garages that you recently found out that you should
have been making a lot more than you were making. You know more than anybody here
that what I am presenting doesn't take too many brains to know that it is going to bring
major dollars to the City of Miami. How we go about it, you all could decide. But one
way or another that change is coming because, see, Commissioner, I am a true reformer.
240 July 27, 2000
C
Commissioner Winton: Well, that's your opinion and I'm entitled to mine.
Vice Chairman Gort: Well, Mr. Manager...
Commissioner Teele: Mr. Mayor?
Mayor Carollo: Yes, sir.
Vice Chairman Gort: The other thing I want you to look at when you're doing your
analysis of the revenues and so on, the ticketing. How much revenues we get for
ticketirfg for enforcement; who will be doing enforcement, and how much would it cost
to do the enforcement and so on, OK?
Commissioner Teele: And, frankly, gentlemen, I don't care what you all say. I'm taking
a 20 -day vacation, so you all can take none, ten. I'm in this deal for twenty. So, I think
we need to be careful here that this doesn't spin into a direction that only one person in
the room is praying that it will, and I won't call names but he's got on a white shirt on the
front row here, and I'm not talking about you, Al. We have, I think, an issue that is not
what we're debating or discussing. As much as this may pain me in jest — because it
doesn't pain me intellectually — we have a Mayor of a city that was elected as an
Executive Mayor, and I have said every time matters like this come up, whether we talk
about the Tallahassee lobbyists or the Washington lobbyists, certain matters that I think --
even though I don't feel that I've been treated with the amount of comportment of
courtesy that I would have wanted to be treated and, certainly, when I was chairman of
the Commission, I'm not treated to the same level. I think we have to treat the Mayor
with a certain level of deference. I think the Mayor has a proposal. I have been very
critical in the past that, candidly, this Mayor has not had a big legislative agenda or a
major series of initiatives. In fairness to this Mayor and in fairness to you, Commissioner
Winton — because you were not here — the only significant proposal that I have seen the
Mayor put in writing is the issue of reviewing the status of Off -Street Parking, which he
did in September, in writing, as a part of the budget calamity or the budget crisis that we
were confronted with. And I said then and there — if you go back, Mr. Clerk, and pull the
record — and I'd like for this to be pulled so that Commissioner Winton can see what the
discussion was and the debate. I said to the Mayor, for the record — you remember, there
was some stuff about Law Enforcement Trust Funds? I mean, the Mayor made about five
recommendations on the budget issue, three of whom, you know, quite candidly, were
not budget issues, in my opinion. One of whom was illegal, relating to the Law — that we
should take Law Enforcement. But the one thing that the Mayor brought down that I said
we should give deference to, and that I will lead the effort to give deference to is, the
Mayor's initiative relating to Off -Street Parking; that Off -Street Parking can generate
more money. I think what the Mayor is asking us to do at this point is not to make a
decision. I'm going to say it on the record and I'm going to say why because I've not
said this to the Mayor, nor have I said this to Art Noriega or anyone. I will not support
abolishing Off -Street Parking as an option. That's just me, Arthur Teele. But I will vote
right here and now to instruct the Manager to prepare a Charter amendment that does
that, because the Mayor's Office is entitled to the deference of having a resolution and
241 July 27, 2000
having us to vote it up or down, if that's what he wants to propose as the Mayor. The
Mayor is not one of five Commissioners. He's the Mayor of the city, the entire city, and
each of us, on matters of procedure, should give the Mayor the deference of an
opportunity to be heard and to be voted upon on certain matters. I will support giving the
Attorney the instructions to prepare the Charter and to have a meeting, but I'm saying
right here — and it may not be politically kosher or the right way to do this, but I don't
want anybody to think I'm playing games. I will not vote to abolish Off -Street Parking.
Let me tell you why. Number one. The issues that Commissioner Sanchez has raised are
valid. Number two. This City has not had, to date, the benefit of what every major city
in the America must have and, that is, a Financial Advisor, a simple Financial Advisor.
We've approved the contract. We've awarded the contract. We still don't have a
Financial Advisor. Ninety percent of the discussion that I would like to have, with all
due deference to Bob Nachlinger, who I think is an outstanding person -- and I don't care
if he did go to Mail Order Law School, as he gives his legal opinions. I still trust him
totally as the Assistant Manager for Finance. But the fact of the matter is, these are
matters that relate strictly to bond counsels' decisions. Not even the City Attorney, I
don't think, in fairness, is going to opine something like this without really doing the
research. This is a matter that relates to bond counsel and it relates to the Financial
Advisor. Number three. If we were to abolish Off -Street Parking, we've got to do
something with the debt. I believe this would require approval of the Oversight Board. I
don't think we can assume, we can refinance, we can make any kind of decision like this
without seeking the approval of the Oversight Board. There is an outstanding debt of
how much, eighteen million, ten million? Art, what is the outstanding debt, bond debt?
Mr. Art Noriega (Executive Director, Department of Off -Street Parking): It's roughly
fourteen million.
Commissioner Teele: Fourteen million dollars ($14,000,000). And I don't think that we
are being given — and Commission Winton makes the point, there should be a whole
series of memorandums going back and forth. But I think we know this, that the Mayor
doesn't have a Finance Manager and a budget officer and all of that on his staff. He's
relying on the same staff we're relying on and, in fairness, there has been a lot of
transition over the. last — in fact, the whole issue of lack of financial issues is a part of
what the lawsuit is all about. So, we need to be fair on both sides of this thing. Let me
tell you why I don't even like the terminology we're using. This, to me, should not be
about privatizing because in abolishing the Off -Street Parking — the guy's gone. He's
probably gone back up to Pembroke Pines now -- all of those employees become
employees of who? The City of Miami? And they become subject to who? What's that
guy's name?
Commissioner Sanchez: Charlie Cox.
Vice Chairman Gort: Charlie Cox.
Commissioner Teele: And Charlie should be right here right now because this is where,
you know — this is Charlie's greatest moment that he's missing. Those people all become
242 July 27, 2000
employees of the City. And let me tell you something. It's much easier to "privatize"
Off -Street Parking in the status that it's in now than to bring it in under the City. There
has to be studies relating to wages and salaries as it relates to, does a Secretary I at Off -
Street Parking make the same thing as a Secretary I at the City of Miami? I guarantee
you the Off -Street Parking numbers are much, much lower. So, I'm — what I'm saying
here is not to shoot this down, at all. I'm only saying, on the record, why I will not vote
to abolish Off -Street Parking in this configuration. However, as to the second alternative
that the Mayor is asking — but I will vote to ask the Attorney to draft it up. As to the
second alternative the Mayor has proffered, I strongly believe it has some merit. Now, I
want to be on the record as saying this: I think, if we're going to pass this resolution, that
each Commissioner should be authorized to give the Manager a variation — I mean, the
Attorney a variation or an option of what it is, because I want to be very clear. I will
support a mere change in the Board of Directors of Off -Street Parking, which requires a
Charter change, whether we expand the board from five to seven or we reconstitute the
board. Here's where I am, Mr. Mayor and to the public. Number one. At least two of
the current members must remain with terms of office of four — at least four years and at
least six years. If we're going to do this, this has got to be thoughtfully done. There's
got to be a transitionary period. This cannot be a hostile take-over. It's got to be an
unpleasant, perhaps, merger, but not a hostile take-over. Number two. I will not support
this unless the Mayor is the chairman of the Off -Street Parking board. I believe that, if
you really want to keep the focus on the kinds of changes that we're talking about, then
let the Mayor be the Executive Mayor and let — you know, as opposed to bringing it over
to the Manager, let the Mayor be the executive Mayor of that and, therefore, you have
that. And I think to the extent that if the Mayor can live with that, if — and the
Commission make two appointments or the Mayor make an appointment and the
Commission make appointment, initially, so you've got three new members. Now, if the
Mayor, whoever he or she is, can't get the board to follow the direction that he would like
to take, that's upon him or her, the Mayor's leadership style. But I think we can give the
Mayor something to go out to the voters with that doesn't necessarily kill Off -Street
Parking or change it or raise a lot of these issues, but I think we can get a fair direction. I
want to associate myself with the remarks that Mayor Carollo made and Willy Gort
made, because I think we need to make sure that this does not become a personality issue
between Commissioners and the Mayor or Off -Street Parking board and the Mayor and,
specifically, Off -Street Parking staff and the Mayor and Commission. We need to
discuss this on a very high level, if possible. The one point that Commissioner Gort has
just made: Off -Street Parking was set up for a different mission than what we have
today. It was set up for the purpose of providing parking for the downtown area,
primarily. It was set up — somebody said the "good ole boys. It was. It was the good
ole boys, and I can assure you nobody from my neighborhood was there. And it was set
up of the purpose of providing cheap parking at the public's expense for downtown,
which is a legitimate way a lot of cities ran. The fact of the matter is, the. City
Commission having approval over rates is the dumbest thing we could do. We should not
want to have approval over rates. We should want the rates to be market rate driven
today. We have a Metro Mover System. One of the reasons it doesn't work is that we do
provide the cheapest parking. Fred Jones from Arbendale, Florida, who was chairman of
the Transportation Committee for eight years in Tallahassee, even Fred Jones from
243 July 27, 2000
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Arbendale could figure out that Miami, had too cheap a parking for the Metro Rail/Metro
Mover System to ever work. And, so, what you have is a system that was set up for a
different purpose. The Mayor's issue, which I agree with, is this: if we can get five to six
million dollars out of Off -Street Parking revenues -- that's about a half a mill, is it not?
About a half a mill.
Mr. Carlos Gimenez (City Manager): Yes, sir.
Commissioner Teele: And I'm telling you, we need to invest the time, between now and
September, to see if we can squeeze out another half a mill of revenue. I don't think we
should wait a year or two years or three years in terms of getting more revenue. Because
I think the real issue here is not do you abolish this board or do you start rewriting the
Charter. The question is, as far as I'm concerned, the second issue the Mayor has put on
the table, a question of direction and governance. The public — the only person in the
City of Miami that gets to run at large — there we go again — is the Mayor of the City of
Miami, and I think that's a very good thing and I think that's for a reason and I think, for
that reason, if anyone is going to chair the Off -Street Parking board, it should be the
Mayor. And whatever Mayor is in power or in office should have the flexibility of being
an executive — a true executive Mayor and to provide policy direction and to be forced to,
quite candidly, work with the board. And I've got to tell you something. You know,
working with boards is not always easy, as the five of us — six of us see. So, that's going
to be a challenge within itself And for these reasons, Mr. Mayor, I'm pleased to support
the initiatives of bringing — instructing the City Attorney to draft the resolutions as you
have outlined. One relating to the abolishment and the second one with the option of
other Commissioners being able to provide variations of a resolution that would, in
effect, allow for a new governing structure of Off -Street Parking, and that would be the
existing five members. I'm proposing that we keep at least two and bring in two new
with the Mayor or maybe expand it. Somebody may want to expand it to seven, keep
three, and do something like that or maybe not even keep three, but whatever. I think the
more board members we can keep, the more. continuity, the more we don't get into this
thing that we're making a rash decision, we're going to throw the baby out with the bath
water, and we've got a whole series of horribles. I don't see how anyone could oppose,
in a referendum, having a board that includes the Mayor, in which we don't radically cut
out the Off -Street Parking. And just for the record, I think at least two-fifths or three -
sevenths of the Off -Street Parking currently board should remain. I don't want to see a
radical change and — I mean, that's what I would be prepared to move, Mr. Mayor, or
Commissioner Winton, if you would agree to it. Because I do think that there's an
opportunity for us, over the next thirty days, to let the Manager and the Attorney and
bond counsel and Financial Advisors to give us some good advice on this. I don't think
this has a financial implication, at all.
Vice Chairman Gort: If that's a motion, I'll second it.
Commissioner Teele: But I'd like to know that Commissioner Winton would...
244 July 27, 2000
Commissioner Winton: I think that the idea is a good idea. That does allow us to move
through a process where you can — where the Mayor will have the responsibility to
continue to study and make decisions that ultimately could get money in the City's
coffers relatively quickly. And I, too, hated the idea of waiting another year for this
option, but it doesn't — I'm a little more bothered — and I'm not — didn't come here to
argue with the Mayor; didn't come here to be opposed to the Mayor, but if this has been
an issue that the Mayor's understood backwards and forwards since September -- seems
like that's what you just said — then it seems to me that it would have been incumbent
upon the Mayor, in respecting my position, to bring me all of that information long
before today and, so, then I wouldn't have to be opposed to anything. I could be sitting
here voting yes to something instead of a compromise. So, Commissioner Teele, I'm in
favor of your proposal. I don't understand, however, the point one, which is to have the
City Attorney bring forward the language that will allow for the abolishment of the Off -
Street Parking board. How does that fit in this — in my vote?
Commissioner Teele: I will tell you very simply. I think, as a matter of deference to the
Mayor, we should allow him the opportunity to convince us, as Commissioners, with a
legal document, as to whether or not we should put it on the ballot or not.
Commissioner Winton: OK.
Commissioner Teele: I will...
Commissioner Winton: So, I'm not making a decision to put anything on the ballot. I'm
only making a decision to allow the language to come forward?
Commissioner Teele: No, sir.
Commissioner Winton: Fine. Then I will support it.
Mr. Vilarello: Mr. Mayor?
Commissioner Sanchez: And, if I may, Mr. Mayor. I think that, if we do something
here, it — what we all want to accomplish, including what the Mayor wants to accomplish,
to bring more revenue to this City, to provide additional stream of revenue to this City.
Now, I could elaborate on several agencies that have gone -- what they call — you know,
they put it out for RFP, the Prison did it with the thing — the catering — Corrections did it
with the — and they were able to bid on it themselves, also, and they were given
preference of certain points on it and they came back and there was a big savings to the
County. If this is -- whatever the wish of this Commission is and it's determined, after
we come to an agreement or whatever is done here, that we want to put this out for an
RFP, I think that Off -Street Parking should be a part of that RFP, and we should give
them preference for the job — for the quality of work that they've done.
Mayor Carollo: Absolutely. Absolutely.
245 July 27, 2000
0 -
Commissioner Sanchez: Our concern here — and I could see it comes from the Mayor
and the Commissioners — to try to bring more revenue into the City. And Commissioner
Teele elaborated on something that's very important. Maybe half a mill. If the numbers —
I have not seen the numbers, and I'm studying the numbers of all the cities. But it takes
thirteen million dollars ($13,000,000) as one mill. If we could get half, which is six out
of Off -Street Parking, you know, we will be able to reduce the millage by maybe point
five...
Commissioner Winton: We could bond a lot of infrastructure improvements that we're
all struggling to get done, too. I mean — so, there's great reason for this...
Commissioner Sanchez: We could do it — we could do a lot of things.
Mayor Carollo: For those who are at home and don't get the benefit of seeing what is in
front of us, throughout all of these last several discussions, what you have had here is
maybe twenty-four or so people, half at least are City staff. This is what maybe some
mean when they want input from the public. Limited public, the same public that has
certain special interests but -- so that the public at home can understand, even more so,
how I feel. If we're going to be talking about bringing the public to be involved and have
public hearings, et cetera, this is an organization that meets at 7 am in the morning. It's
not because they like to get up early because they know that the press will get up that
early. This is an organization that uses our parking meters. It's our parking in the City of
Miami, but we do not even have the right to audit this organization. We do not have the
right to audit them. So, ladies and gentlemen at home, the silent majority of the City of
Miami, this is your city and this Mayor is trying to bring in the revenues that you, the
regular resident of Miami, need so that we could keep lowering the property taxes, we
could keep lowering fees, and I think that that's the feelings that a majority of my
colleagues here have in trying to work together to accomplish that. Unfortunately,
sometimes things are not easy to accomplish in our city, the kind of things that are no-
brainers in other cities. The bottom line is that I don't care which way we go about this
out of the two potential ways that I described, as long as we are able to go forward in
bringing this out to bid, and that's one of the areas that I want to have the time, during the
next thirty or so days, to discuss with the City Attorney, the possibility of making that, if
it's possible and legal, part of the second Charter, amendment, that that would be a must
from the board to privatize the Off -Street Parking Authority.
Commissioner Sanchez: Mr. Mayor, if I could correct you on one thing. You said that
the Mayor reduced taxes. I think the whole Commission has tried to.
Mayor Carollo: I didn't say that. That's what I want to accomplish and we all have
worked together towards that.
Commissioner Sanchez: OK.
Mayor Carollo: It's my voice that...
246 July 27, 2000
Commissioner Sanchez: Well, I think, it's my understanding; we would have to vote
these separate motions on the resolution and then the creating of the governing body.
No?
Mayor Carollo: No, no.
Mr. Alejandro Vilarello (City Attorney): The City Code requires the City Commission to
direct the City Attorney to draft the language, the Charter amendment language. So, if
you wish to consider what the Mayor has proposed, you need to pass that resolution. If
you want to pass an item that modifies the membership of the board, as was discussed,
that should be a separate resolution directing...
Commissioner Sanchez: OK. There was a motion made by Commissioner Teele and
seconded by Willy Gort.
Mr. Vilarello: ...directing me to prepare the language that modifies the board
membership, as was discussed.
Mayor Carollo: You really could combine both, if you want. I don't think you need --
necessarily need to make them separate.
Mr. Vilarello: I think the purpose of the provision of the Code is to have the City
Commission give general direction to the City Attorney, so that it's drafted in a --
consistent with the wishes of the City Commission. So, I think this has to be separate
resolutions.
Mayor Carollo: OK. But you know that both are not going to go on the ballot. It's going
to be one or the other.
Mr. Vilarello: No. What I would do is prepare two questions for the City Commission to
consider. I assume you're discussing a special Commission meeting some time — the first
week in September.
Mayor Carollo: It has to be the first week of September.
Vice Chairman Gort: My understanding is, your motion was to consider the both of them
and to bring it back to both of us — the both, and that's why I second.
Commissioner Teele: What the City Attorney is opining, that the motions need to be
separate. I think that's what he's, saying. But I want just to clarify. On the motion
relating to the board, the governing board issue -- relating to the governing board issue of
Off -Street Parking, there will be one resolution but several variations. In other words,
each Commissioner will be in a position to amend it right then and there; so that you will
— you were instructed to work with each Commissioner on variations of that. You can't
make one resolution that's going to perhaps cover everything, but at least each one will
have the opportunity to bring up the one that he likes. Somebody may want to have a
247 July 27, 2000
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seven -member board; others may want a five -member; some may want the Mayor to
designate a chair, and I think that the Mayor should be the chair, something like that.
And some — I'm sure Off -Street Parking would prefer that the Off -Street Parking board
elect a chair. So, I mean, some Commissioner may want to advance that. So, I just think
we ought to have the range of options here. And I would so move, as it relates to — in
deference to the Mayor, so that the Mayor's issue, it can be voted upon -- that the City
Attorney is instructed to prepare the resolution related to the abolishment of the Off -
Street Parking, to be heard on a special Commission meeting on — what is it, Thursday,
September 7th, at 2 pm?
Mayor Carollo: That should be the last day that we could take because it's got to be in
the next day, the 8th
Commissioner Sanchez: How about the fifth, on a Tuesday?
Mayor Carollo: Election Day.
Commissioner Teele: That's Election Day and that's the day after a holiday.
Wednesday, the 6th or...
Mayor Carollo: The 6th would be good.
Commissioner Teele: What time is convenient? Why don't we do it at 2 o'clock, 2:30?
Mayor Carollo: What's the will of the Commission, two?
Commissioner Regalado: Two o'clock is fine with me.
Commissioner Teele: Two o'clock?
Commissioner Sanchez: Two o'clock is fine.
Mayor Carollo: Two o'clock. Is there a motion to have a special Commission meeting
for the purpose of discussing the item that we.have been discussing here now?
Commissioner Sanchez: So moved, Mayor.
Mayor Carollo: At two pm, September the 6th. Moved. Second. All in favor signify by
saying "aye."
The Commission (Collectively): Aye.
248 July 27, 2000
The following motion was introduced by Commissioner Sanchez, who moved its
adoption:
MOTION NO. 00-706
A MOTION TO SCHEDULE A SPECIAL COMMISSION
MEETING ON WEDNESDAY, SEPTEMBER 6, 2000,
BEGINNING 2 P.M., TO CONSIDER PROPOSED CHARTER
AMENDMENT
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Commissioner Regalado: We haven't voted on the other issue.
Mayor Carollo: No. We're going back.
Commissioner Regalado: Before — Mr. Mayor, if I can make a comment. From now
until the special session, what kind of information are we going to get? Because — and
this is for the people sitting at home. The Mayor has said that he wants to bring new
revenues, but the problem is that this Commission always gets blamed for the bad things
and never gets praised for the good things.
Mayor Carollo: That's why I'm bringing you good news.
Commissioner Regalado: I mean — and that's the way it is and, you know, I think we
have to accept that. But the problem is that we do not have the information that you
have. You mentioned that you spoke to Bob Nachlinger. I never received anything from
him or from the administration on this issue. The only — well, this paper, but just now.
But what I'm saying is that it looks as if.we, the City Commission, do not want to follow
your lead because we don't like you, in terms of not doing this for you today, it looks that
we don't want to bring new revenues. Come September, maybe — come October we are
going to have in the agenda the lease of the Watson Island/Port of Miami deal, but we
don't know anything about this. And then, if we don't vote or if we vote in a different
249 July 27, 2000
way than what you want or the administration, then we're going to be blamed for not
wanting to bring new revenues, and we do need some information about this issue.
Mr. Carlos Gimenez (City Manager): Commissioner, it's our intent to have our Financial
Advisors give you a. detailed report of what they find in terms of comparing Off -Street
Parking and the revenues that are generated for the City of Miami in comparison to other
cities. It's also our intent to make sure that those other issues, as far as the bond rating
and who has to pay the bonds, et cetera, what happens to the employees, that those issues
are also laid out on the table so that you can make an informed decision as to which way
you want to go.
Commissioner Teele: But I think the point that Commissioner Winton has made and
Commissioner Regalado is making is that we need that information now, not the day of
or five days before the meeting. The sooner we can get that information, the better to
consider it.
Mr. Gimenez: Yes, sir. As soon as the information becomes available, I'll commit to
you that we will give you copies of whatever it is we have.
Vice Chairman Gort: Commissioner Winton is going to be out of town on the — that we
all selected.
Commissioner Winton: On the fourth, fifth, and sixth.
Vice Chairman Gort: Fourth, fifth, and sixth of September. So, you might want to make
it on the eighth -- on the seventh.
Mayor Carollo: Then I need a motion rescinding the previous motion so that we could
have a new one then. Commissioner Winton makes a motion.
Vice Chairman Gort: I move to reconsider the motion that we just passed.
Commissioner Winton: Second.
Mayor Carollo: It's been moved and seconded.
Vice Chairman Gort: Make a motion that we change for Thursday the seventh.
Commissioner Teele: All those in favor say "aye."
The Commission (Collectively): Aye.
250 July 27, 2000
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO. 00-707
A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON
MOTION NO. 00-706, WHICH HAD PREVIOUSLY
SCHEDULED A SPECIAL COMMISSION MEETING ON
SEPTEMBER 6, 2000, BEGINNING 2 P.M. TO CONSIDER
PROPOSED CHARTER AMENDMENT RELATED TO OFF-
STREET PARKING AUTHORITY.
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
Mayor Carollo: Thank you. Just trying to save my voice.
Vice Chairman Gort: Well, I've got something in my throat too. OK.
Mayor Carollo: Get it out. Get it out.
Vice Chairman Gort: OK. So, we'll have it on the seventh at the same time, 2 o'clock?
Commissioner Winton: Yes, that's fine.
Vice Chairman Gort: I move that we have the special meeting on September the 7th at 2
o'clock. Second?
Commissioner Winton: Second.
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
251 July 27, 2000
The following resolution was introduced by Vice Chairman Gort, who moved its
adoption:
RESOLUTION NO. 00-708
A RESOLUTION SCHEDULING A SPECIAL MEETING FOR
SEPTEMBER 7, 2000, AT 2 P.M., FOR THE PURPOSE OF
CONDUCTING A PUBLIC HEARING ON CHARTER
QUESTIONS RELATED TO THE RESTRUCTURE OF THE
DEPARTMENT OF OFF-STREET PARKING
(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.
Mayor Carollo: It passes. You need to break up the other two resolutions, if it's the will
of the Commission. You all will have plenty of time to speak on the seventh.
Ms. Georgina Pardo: Mr. Mayor, the only problem is, I've been here all day wanting to
speak on the subject, and I have been — I'm sorry. My name is Georgina Pardo. I'm
President of the Downtown Miami Partnership. And, basically, I've been involved with
the parking issue for the last fifteen years.
Mayor Carollo: Ma'am, if I can, I'm trying to get a vote. After we take the vote, if the
Vice Chairman, that will keep chairing the meeting, would like to hear you or some of the
other seven or eight people that are here, you know, I have no problem with. I'm just
trying to get this moved because my interest is to bring revenue to the City of Miami that
hasn't been coming to us.
Ms. Pardo: Well, you have been doing that...
Mayor Carollo: So, I appreciate...
252 July 27, 2000
Ms. Pardo: ...with the twenty percent surcharge that you put on the parking.
Mayor Carollo: That's right.
Ms. Pardo: But I will — I'll be very happy to come back on the seventh, along with other
people, to address this issue, if you feel that today is not the appropriate time for the
public to discuss this. Thank you.
Mayor Carollo: Then on the seventh it will be. Thank you very. much. I appreciate your
patience.
Commissioner Sanchez: Mr. Mayor, I just called my spouse and my vacation days were
— I thought we were leaving on the twelfth. We're leaving on the fifth. So, I will not be
here. I'll be out of town from the fifth through the twelfth.
Mayor Carollo: OK.
Commissioner Sanchez: So, I apologize for the inconvenience. Is there any way that we
could change that date?
Mayor Carollo: It's whatever the Commission would like.
Vice Chairman Gort: Is everybody here Friday, the first?
Commissioner Sanchez: And I'm glad I called.
Vice Chairman Gort: Is everybody here Friday, the first?
Commissioner Sanchez: No. It's — no, no, no. What it's going to be? We're going to...
Commissioner Winton: I leave on Friday, right? So, Thursday, the 31St, I'm still here.
Mayor Carollo: Hey, guys, it's no problem. We could take it up next year again or, if
not, the year after...
Commissioner Sanchez: No, no, no.
Mayor Carollo: ...or the year after. It's no problem. Whatever the Commission would
like.
Commissioner Sanchez: When is it scheduled for now, September...
Mr. Vilarello: The seventh.
Commissioner Sanchez: The seventh of September?
253 1 July 27, 2000
0 0
Mr. Vilarello: Currently for the seventh at 2 o'clock.
Commissioner Sanchez: All right. We'll leave it at that.
Commissioner Winton: What did you say, Joe? Are you here on the 31St of August? Is
everyone here on the 31 St of August?
Commissioner Regalado: Yes.
Commissioner Sanchez: September the seventh is fine with me.
Commissioner Winton: Commissioner Teele?
Commissioner Sanchez: No. September the seventh is fine with me. We'll leave it
September the seventh.
Commissioner Winton: You'll leave after...
Commissioner Regalado: August 31St is fine with.me.
Mayor Carollo: While the Commissioners are looking for this, Mr. Manager, could you
meet with my director of Inter -governmental Affairs tomorrow and go over with her the
list that you'll be presenting for public records requests of the Off -Street Parking? That
will include in that every employee or consultant, what they're making in salary, benefits,
and a laundry list of other areas that I think the public also deserves to know.
Mr. Gimenez: Yes, sir.
Mayor Carollo: Thank you.
Vice Chairman Gort: What are the other motions?
Mayor Carollo: You can make one or two other motions or make none.
Commissioner Regalado: To have the City Manager — I mean, the City Attorney draft the
different — they cannot be two. They could be more than two, right?
Vice Chairman Gort: You move it?
Commissioner Regalado: I move it.
Vice Chairman Gort: You make the motion directing — second?
Mr. Vilarello: The motion is...
Vice Chairman Gort: The motion is to come out with the other versions of the other...
254 July 27, 2000
0
Mr. Vilarello: Modifying the membership of the board and...
Vice Chairman Gort: No. That...
Commissioner Sanchez: Modifying the governing of the board. OK.
Mr. Vilarello: With alternatives that might be presented to me by Commissioners
individually. Yes.
Commissioner Sanchez: By the Commissioners. Yes.
Vice Chairman Gort: Wasn't that passed already?
Commissioner Winton: No. We never voted.
Commissioner Teele: Call the question.
Mayor Carollo: Call the question.
Commissioner Sanchez: Call the question.
The following motion was introduced by Commissioner Regalado, who moved its
adoption:
MOTION NO. 00-709
A MOTION INSTRUCTING THE CITY ATTORNEY TO
CONSULT WITH EACH MEMBER OF THE CITY
COMMISSION TO OBTAIN THEIR INPUT REGARDING
MODIFICATION OF THE CURRENT COMPOSITION OF THE
OFF-STREET PARKING AUTHORITY'S EXISTING
GOVERNING BOARD STRUCTURE AND DRAFT SEVERAL
VARIATIONS TO THE. PROPOSED CHARTER AMENDMENT
RESOLUTION, CONSISTENT WITH THE COMMISSIONERS'
SUGGESTIONS, TO BE CONSIDERED BY THE
COMMISSION AT ITS SPECIAL MEETING OF SEPTEMBER
7, 2000.
255 July 27, 2000
0
Upon being seconded by Vice Chairman Gort, 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
Mayor Carollo: OK. You could go ahead and chair. Go ahead.
Vice Chairman Gort: What other motions to come? Any other motions?
Commissioner Teele: Mr. Mayor, you want to just leave this abolishing alone?
Mayor Carollo: I do not, Commissioner. If the Commission wants to vote it down...
Commissioner Teele: I would move that the...
Mayor Carollo: ...it is the right of it.
Commissioner Teele: ...Attorney be instructed to draft a resolution related to Item S-1,
which abolishes the Off -Street Parking.
Vice Chairman Gort: There's a motion. Is there a second? There's a motion. Is there a
second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by saying "aye."
Commissioner Winton: No.
Vice Chairman Gort: One nay.
256 July 27, 2000
0
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-710
A RESOLUTION OF THE MIAMI CITY COMMISSION
DIRECTING THE CITY ATTORNEY TO PREPARE AN
AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, FOR CONSIDERATION AT AN
ELECTION TO BE HELD ON NOVEMBER 7, 2000,
PROPOSING AN AMENDMENT TO DELETE IN ITS'
ENTIRETY, UPON THE APPROVAL OF THE ELECTORATE,
SECTION 23 OF THE CITY CHARTER, ENTITLED
"DEPARTMENT OF OFF-STREET PARKING; OFF-STREET
PARKING BOARD", AND TO TRANSFER OF ALL POWERS,
FUNCTIONS, DUTIES AND OBLIGATIONS OF THE
DEPARTMENT OF OFF-STREET PARKING TO THE CITY OF
MIAMI, EFFECTIVE.
(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.
NAYS: Commissioner Johnny L. Winton
ABSENT: None
257 July 27, 2000
Commissioner Teele: All right.
Mayor Carollo: Thank you, Commissioners.
Vice Chairman Gort: Any other motions?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Is the Budget Director here?
Mr. Gimenez: Yes, sir.
Vice Chairman Gort: Yes.
Commissioner Teele: Could you refresh my recollection — what is our new Budget
Director's...
Mr. Gimenez: Ms. Linda Haskins.
Commissioner Teele: Ms. Haskins, how much money are we showing carry forward at
this point on the — for the FY 2001 budget from reserves?
Ms. Linda Haskins (Budget Director): From reserves, the projection has been about
sixteen point one million dollars ($16,100,000). There -- in total. There's four point nine
million, which is called Operating Reserves.
Commissioner Teele: Operating Reserves, yes.
Ms. Haskins: One million of that. There are several components of that. .
Commissioner Teele: Now, are you aware, specifically, of the jackpot that the Oversight
Board did to the City last year by ruling that reserves cannot be carried over into the new
budget as a part of your revenue?
Ms. Haskins: My understanding is that the Oversight Board wanted that four point nine
million to be used to build our general reserve.
Commissioner Teele: So, the point I want everybody to understand is, the budget should
be constructed realistically under what the Oversight Board — there's no advantage, the
way the Oversight Board has done this. I don't agree with it. I mean, it's not normally
258 July 27, 2000
0 - 9
done that way, but -- in quote, "saving" money. So, there is right now a reserve of — an
operational reserve of approximately four million dollars ($4,000,000) — four point nine
million dollars ($4.9 million).
Ms. Haskins: That's what's in the projection, and that is what we plan to do.
Commissioner Teele: So, I would move that the Manager be authorized to expend up to
blank dollars to support the efforts of the resolution relating to the FEC (Florida East
Coast) investigation and the Bayfront Park Oversight Committee from the Operational
Reserves. Mr. Manager, could you give us the dollar amount, please?
Mr. Gimenez: Yes, sir. We requested two hundred thousand dollars ($200,000) that
could be used...
Commissioner Teele: Two hundred thousand dollars ($200,000). I would so move.
Commissioner Winton: Perfect. Second.
Commissioner Sanchez: Second.
Vice Chairman Gort: Up to two hundred thousand.
Commissioner Sanchez: Up to two hundred...
Commissioner Teele: Up to two hundred thousand.
Commissioner Winton: Right. Second.
Commissioner Sanchez: Either use it or lose it.
Commissioner Winton: Right, right, right.
Vice Chairman Gort: Second. Now, you don't have to use it all.
Commissioner Sanchez: No, we don't. Just what we need.
Vice Chairman Gort: As a cap. OK. Any further discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): Aye.
259 July 27, 2000
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-711
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF FUNDS, IN AN
AMOUNT NOT TO EXCEED $200,000 FROM THE
OPERATIONAL RESERVES, TO ENGAGE THE NECESSARY
PROFESSIONAL SERVICES AND FOR RELATED COSTS TO
ASSIST WITH THE ADMINISTRATIVE PROCESS FOR THE
DEVELOPMENT OF THE BICENTENNIAL PARK MASTER
PLAN, AS DIRECTED BY RESOLUTION NOS. 00-314, AS
AMENDED, AND 00-550, AND THE INVESTIGATION OF
PROCEDURES TO CAUSE THE DEEPWATER SLIP AREA,
KNOWN AS THE FEC (FLORIDA EAST COAST) PROPERTY
LOCATED NORTH OF THE AMERICAN AIRLINE ARENA
AND EAST OF BISCAYNE BOULEVARD IN MIAMI,
FLORIDA, TO BE FILLED IN, AS DIRECTED BY
RESOLUTION NO. 00-705.
(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.
260 July 27, 2000
11
Commissioner Teele: I would also move that the Manager be authorized to select
vendors or consultants that have already been competitively bid and awarded by the City
and that he submit, for ratification, any consultant that is utilized in this project, so that he
doesn't have to wait — in other words, we selected about ten architect engineers under the
Public Works Miscellaneous Contract. They have contracts standing there waiting. So,
in effect, he can select from any of those contractors and move forward on the FEC issue
and on the Bayfront Trust issue, and submit those decisions for ratification by the board.
I would so move.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and second. 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. 00-712
A MOTION AUTHORIZING THE CITY MANAGER TO
SELECT VENDORS OR CONSULTANTS THAT HAVE
ALREADY COMPETITIVELY BIDED AND BEEN AWARDED
CONTRACTS BY THE CITY; FURTHER DIRECTING THE
MANAGER TO SUBMIT FOR RATIFICATION BY THE
COMMISSION, ANY CONSULTANT THAT HAS BEEN
PREVIOUSLY ENGAGED BY THE CITY, INVOLVING THE
FEC (FLORIDA EAST COAST) AND BAYFRONT PARK
MANAGEMENT TRUST PROJECTS.
261 July 27, 2000
0
Upon being seconded by Commissioner Winton, the motion was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Do I have a motion to adjourn?
Commissioner Sanchez: Motion to adjourn.
Vice Chairman Gort: Have a good one.
The following motion was introduced by Commissioner Sanchez, who moved its
adoption:
MOTION NO. 00-713
A MOTION TO ADJOURN TODAY'S CITY COMMISSION
MEETING.
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.
There being no further business to come before the City Commission, the meeting
was adjourned at 7:05 p.m.
262
July 27, 2000
r
ATTEST:
WALTER J. FOEMAN
City Clerk
SYLVIA LOWMAN
Assistant City Clerk
WIFREDO GORT
Vice Chairman/Presiding Officer
(SEAL)
263 July 27, 2000