HomeMy WebLinkAboutCC 2000-10-26 MinutesCITY OF MIAMI
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON OCTOBER 26, 2000
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
®' •
INDEX
MINUTES OF COMMISSION MEETING
OCTOBER 26, 2000
ITEM NO. SUBJECT LEGISLATION
1. PRESENTATIONS &PROCLAMATIONS 10/26/00
PROCLAMATIONS MADE TO. HONOR ARTISTS PRSENTATION
FROM HAITI: REGINE MERCIER DAY;. 1
ISABELLE DEBROSSE DAY; GIGI LILAVUIS
DAY; ISOPHIA LACROIS DAY.
2. CONSENT AGENDA.
10/26/00
DISCUSSION
2-3
2.1 ACCEPT BID OF METRO, MEDICAL SUPPLY FOR 10/26/00
PROCUREMENT OF EXAMINATION GLOVES, R-00-905
FOR DEPARTMENT OF FIRE -RESCUE, $55,836. 4
2.2 ACCEPT BID OF JOE BLAIR GARDEN SUPPLY, 10/26/00
FOR PROCUREMENT OF THREE STIHL MODEL R-00-906
NO. TS -760-16 GASOLINE -POWERED SAWS AND 4
TEN STIHL MODEL NO. TS -400-14 GASOLINE -
POWERED SAWS FOR DEPARTMENT OF FIRE-
RESCUE, $9,398; ALLOCATING FUNDS FROM
CAPITAL IMPROVEMENT PROJECT FUNDED BY
FIRE ASSESSMENT.
2.3 ACCEPT BID OF TEN -8 FIRE EQUIPMENT FOR
PROCUREMENT OF EIGHT CUTTERS EDGE
POWERED VENTILATION CHAINSAWS FOR
DEPARTMENT OF FIRE -RESCUE, $10,604;
ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT FUNDED BY FIRE
ASSESSMENT.
2.4 ACCEPT BID OF AUSTIN'S DIVING CENTER,
INC. FOR PROCUREMENT OF
ENVIRONMENTAL PROTECTION DRY SUITS
WITH ACCESSORIES, FOR DEPARTMENT OF
POLICE, $34,383.20; ALLOCATING FUNDS FROM
LAW ENFORCEMENT TRUST FUND.
2.5 ACCEPT BID OF ROUND TIRE SERVICE, INC.
FOR ACQUISITION OF SPECIALIZED FLAT TIRE
REPAIR SERVICES FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, $60,000;
ALLOCATING FUNDS FROM GENERAL SERVICES
ADMINISTRATION.
2.6 ACCEPT BID OF ANACOMP, INC. FOR
ACQUISITION OF MICROFICHE AND
MICROFILM DEVELOPMENT SERVICES FOR
DEPARTMENT OF INFORMATION TECHNOLOGY
$35,000; ALLOCATING FUNDS FROM GENERAL
FUND.
2.7 ACCEPT BID OF SPECIAL PRODUCTS GROUPS,
SRT SUPPLY, AND SOUTHERN PRECISION
ARMORY FOR PROCUREMENT OF THIRTY-
FOUR M-16 AIMING SCOPES, TWENTY-FIVE
BALLISTIC VESTS, THIRTY BALLISTIC GROIN
PROTECTORS, AND ONE BALLISTIC SHIELD,
FOR DEPARTMENT POLICE, $41,098.80;
ALLOCATING FUNDS FROM LAW ENFORCEMENT
TRUST FUND.
10/26/00
R-00-907
5
10/26/00
R-00-908
5
10/26/00
R-00-909
6
10/26/00
R-00-910
6
10/26/00
R-00-911
7
2.8
APPROVE CONTRACT FOR MAILING SERVICES
10/26/00
FROM ARROWMAIL PRESORT COMPANY, INC.
R-00-912
UNDER EXISTING MIAMI-DADE COUNTY
8
CONTRACT NO. 5913-2/00-2 FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION,
GRAPHICS REPRODUCTION DIVISION, TO BE
UTILIZED CITYWIDE, $14,000; ALLOCATING
FUNDS FROM VARIOUS USER DEPARTMENTS.
2.9
APPROVE CONTRACT FOR COURT REPORTING
10/26/00
SERVICES FROM VARIOUS VENDORS, UNDER
R-00-913
EXISTING MIAMI-DADE COUNTY CONTRACT NO.
8
0628 -2/02 -OTR -CW, FOR OFFICE OF HEARING
BOARDS, $13,246; ALLOCATING FUNDS FROM
OFFICE OF HEARING BOARDS.
2.10
ALLOCATE $18,000 FROM FISCAL YEAR 2000-
10/26/00
2001 BUDGETED FUNDS OF OFFICE OF
R-00-914
HEARING BOARDS FOR PAYMENT OF
9
COMPENSATION TO SPECIAL COUNSEL FOR
CODE ENFORCEMENT BOARD.
2.11
ALLOCATE $18,000 FROM FISCAL YEAR 2000-2001
10/26/00
BUDGETED FUNDS OF SPECIAL PROGRAMS AND
R-00-915
ACCOUNTS FOR PAYMENT OF COMPENSATION
9
TO SPECIAL COUNSEL FOR NUISANCE
ABATEMENT BOARD.
2.12
ALLOCATE $18,000 FROM FISCAL YEAR 2000-
10/26/00
2001 BUDGETED FUNDS OF CIVIL SERVICE
R-00-916
OFFICE FOR PAYMENT OF COMPENSATION TO
9
SPECIAL COUNSEL FOR CIVIL SERVICE
BOARD.
2.13
URGE UNITED STATES CONGRESS TO RATIFY
10/26/00
UNITED , NATIONS' CONVENTION ON
R-00-917
ELIMINATION OF ALL FORMS OF
10
DISCRIMINATION AGAINST WOMEN.
•
2.14
AUTHORIZE MANAGER TO EXECUTE
10/26/00
MEMORANDUM OF UNDERSTANDING
R-00-918
BETWEEN CITY AND FLORIDA DEPARTMENT
10
OF LAW ENFORCEMENT (FDLE) FOR PURPOSE
OF RENDERING COLLABORATION AND
COOPERATION FOR PUBLIC INTEGRITY
INVESTIGATIONS.
2.15
AUTHORIZE MANAGER TO EXECUTE
10/26/00
PROFESSIONAL SERVICES AGREEMENT FOR
R-00-919
PROVISION OF PROJECT COORDINATOR
10
UNDER SCHOOL BASED PARTNERSHIP GRANT
II, FOR POLICE DEPARTMENT AND ALLOCATE
FUNDS, $30,000, FROM SCHOOL BASED
PARTNERSHIPS GRANT II FUND.
2.16
AMEND RESOLUTION NO. 00-524 FOR
10/26/00
PURCHASE OF TEN MERCURY OUTBOARD
R-00-920
ENGINES FROM MERCURY MARINE, TO
I1
REFLECT NEW STATE OF FLORIDA CONTRACT
NO. 120-440-01-1.
2.17
AUTHORIZE MANAGER TO EXECUTE LEASE
10/26/00
AGREEMENT BETWEEN CITY AND STATE OF
R-00-921
FLORIDA FOR PURPOSE . OF LEASING
11
APPROXIMATELY 152,747.8 SQUARE FEET OF
SUBMERGED LAND ADJACENT TO 2640 SOUTH
BAYSHORE DRIVE FOR PUBLIC MARINA
PURPOSES; PROVIDING FOR INITIAL LEASE FEE
OF $15,178.86 OR SIX PERCENT OF GROSS
REVENUE FROM WET SLIP RENTALS;
AUTHORIZE PAYMENT TO STATE OF ANNUAL
FEE OF $15,178.87 FOR PERIOD OF TIME
BETWEEN DATE OF APPROVAL OF LEASE AND
JULY 1, 2001, OR DATE ON WHICH GROVE
HARBOUR MARINA AND CARIBBEAN
MARKETPLACE, LLC TAKE POSSESSION OF
PROPERTY, WHICHEVER IS EARLIER.
2.18 AUTHORIZE MANAGER TO EXECUTE 10/26/00
TEMPORARY WAIVER OF RESTRICTIONS AND R-00-922
REVERTER, BETWEEN CITY AND BOARD OF 12
TRUSTEES OF INTERNAL IMPROVEMENT
TRUST FUND, TO ALLOW CITY TO LEASE
APPROXIMATELY 134,370.4 SQUARE FEET OF
SUBMERGED LANDS TO GROVE HARBOUR
MARINA AND CARIBBEAN MARKETPLACE,
LLC, FOR DEVELOPMENT AND OPERATION OF
PUBLIC MARINA; PROVIDING FOR INITIAL FEE
OF $19,000 OR SIX PERCENT OF GROSS
REVENUE FROM WET SLIP RENTAL,
WHICHEVER IS GREATER.
2.19 AUTHORIZE MANAGER TO ACCEPT BUTLER 10/26/00
ACT DISCLAIMER FROM STATE OF FLORIDA, R-00-923
DEPARTMENT OF ENVIRONMENTAL 12
PROTECTION, WHICH PROVIDES FOR STATE
TO DISCLAIM ANY INTEREST IT MAY HAVE IN
PROPERTY LOCATED AT 2640 SOUTH
BAYSHORE DRIVE, MIAMI, FLORIDA.
3. APPROVE AND CONFIRM MANAGER'S FINDING 10/26/00
OF SOLE SOURCE; WAIVING REQUIREMENTS R-00-924
FOR COMPETITIVE SEALED BIDDING 13-16
PROCEDURES AND APPROVE PROCUREMENT
OF ONE ANDROS MARK F6A TRANSPORTABLE
ROBOT FOR DEPARTMENT OF POLICE FROM
REMOTEC, INC., SOLE SOURCE PROVIDER,
$124,597; ALLOCATING FUNDS FROM LAW
ENFORCEMENT TRUST FUND.
4. FIRST READING ORDINANCE: AMEND SECTION 10/26/00
18-298(6) OF CITY CODE FIRST READING
"FINANCE/STORMWATER UTILITY FEES AND ORDINANCE
FUND" TO CHANGE REFERENCES FROM 17-18
"MIAMI RIVER COORDINATING COMMITTEE"
TO "MIAMI RIVER COMMISSION".
5.
AUTHORIZE MANAGER TO EXECUTE
10/26/00
DISCUSSION
AGREEMENT WITH MIAMI RIVER FUND, INC.,
. R-00-925
APARTMENT BUILDINGS IN LIBERTY CITY
FINANCIAL AGENCY FOR MIAMI RIVER
19-20
COMMISSION, TO CONTINUE PROVIDING
LOCAL INDIVIDUALS (See #7).
EDUCATIONAL PROGRAMS RELATING TO MIAMI
10. STATEMENT BY COMMISSIONER REGALADO
10/26/00
RIVER, ALLOCATING $25,000 FROM
DISCUSSION
CHARTER AMENDMENT TO BE DISCUSSED UPON
"ENVIRONMENTAL STORM SEWER TRUST"
ARRIVAL OF SUPERVISOR OF ELECTIONS, DAVID
SPECIAL REVENUE FUND.
6.
TABLE: DISCUSSION ON FUTURE DEVELOPMENT
10/26/00
OF WATSON ISLAND (See #12 & 15).
TABLED
21
7.
TABLE: MR. LEROY JONES AND
10/26/00
REPRESENTATIVE (S) OF BROTHERS OF THE
TABLED
SAME MIND.
22
8.
SECOND READING ORDINANCE: AMEND
10/26/00
SECTIONS 2-887 AND 2-892, AND CREATE NEW
ORDINANCE
DIVISION AND SECTIONS OF CITY CODE
. NO. 11982
ENTITLED "ADMINISTRATION/BOARDS,
23-24
COMMITTEES, COMMISSIONS" TO ESTABLISH
MIAMI COMMISSION ON STATUS OF WOMEN
(MCSW); FURTHER RESCIND RESOLUTION NOS.
73-566, 74-1373, 78-271, 89-217, 93-419, 94-183, AND
96-522.
9. MR. LEROY JONES AND REPRESENTATIVE (S) OF
10/26/00
BROTHERS OF THE SAME MIND ADDRESS
DISCUSSION
COMMISSION CONCERNING DEMOLITION OF
25-32
APARTMENT BUILDINGS IN LIBERTY CITY
AND CONTRACTS FOR LOCAL BLACK
VENDORS IN AREA — FIRST SOURCE HIRING OF
LOCAL INDIVIDUALS (See #7).
10. STATEMENT BY COMMISSIONER REGALADO
10/26/00
CONCERNING BALLOT MISTAKE OF NOVEMBER
DISCUSSION
CHARTER AMENDMENT TO BE DISCUSSED UPON
33
ARRIVAL OF SUPERVISOR OF ELECTIONS, DAVID
LEAHY (See #13).
•
11. AUTHORIZE MANAGER TO EXECUTE LEASE
AGREEMENT WITH OVERTOWN YOUTH
CENTER, INC. FOR LEASING OF
APPROXIMATELY 31,263 SQUARE FEET OF
PROPERTY LOCATED AT 1360 NORTHWEST 3
AVENUE, FOR PURPOSE OF PROVIDING PUBLIC
EDUCATIONAL AND RECREATIONAL
OPPORTUNITIES AT NO COST TO INNER CITY
YOUTH AND THEIR FAMILIES WITH INITIAL
TERM OF FIVE YEARS; PROVIDING . FOR
ANNUAL RENT OF $1.00 (See #22).
12. (A) APPROVE SITE PLAN FOR CHILDREN'S
MUSEUM ON WATSON ISLAND; DIRECT
MANAGER TO NEGOTIATE INTERLOCAL
AGREEMENT WITH MIAMI SPORTS AND
EXHIBITION AUTHORITY AND BRING BACK
PROPOSED NEGOTIATED DOCUMENTS. (See #6 &
15)
(B) APPROVE SITE PLAN FOR LOCATION OF
AVIATION AND VISITOR'S CENTER ON WATSON
ISLAND.
(C) DISCUSS WATERFRONT PRIORITIES.
13. AUTHORIZE CITY ATTORNEY TO TAKE ALL
ACTIONS NECESSARY TO SAFEGUARD AND
PROTECT INTERESTS OF CITY INCLUDING
LITIGATION OR ANY METHOD RELATED TO
REMOVAL FROM BALLOT OF PROPOSED
CHARTER AMENDMENT TO BE SUBMITTED TO
ELECTORATE FOR APPROVAL OR DISAPPROVAL
AT REFERENDUM SPECIAL ELECTION TO BE
HELD ON NOVEMBER 7, 2000, WHICH
AMENDMENT PROPOSES TO AUTHORIZE CITY
COMMISSION TO TRANSFER ASSETS OF
DEPARTMENT OF OFF-STREET PARKING (DOSP)
TO CITY OF MIAMI AND TO ALLOW FOR
OPERATION, MANAGEMENT AND CONTROL OF
OFF-STREET PARKING FACILITIES OF CITY BY
CITY, DOSP, OR NON-GOVERNMENTAL ENTITIES,
AT DISCRETION OF CITY COMMISSION, AS
DETERMINED BY WHICHEVER IS DEEMED TO BE
IN BEST INTEREST OF CITY (See #10).
10/26/00
R-00-926
34-35,
10/26/00
M-00-927
M-00-928
36-50
10/26/00
R-00-929
51-63
•
14. DISCUSSION CONCERNING CITY COMMISSION 10/26/00
REDISTRICTING RELATED TO 2000 CENSUS DISCUSSION
POPULATION CHANGES. 64-68
15. DIRECT MANAGER TO CONDUCT EXPLORATORY
10/26/00
TALKS REGARDING SITE LOCATION FOR MIAMI
M-00-930
SCIENCE MUSEUM ON SOUTHERN SIDE OF
69-70
WATSON ISLAND (See #6 &12).
16. AMEND RESOLUTION NO. 98-1205 WHICH
10/26/00
DETERMINED THAT MOST APPROPRIATE
R-00-931
METHOD TO DEVELOP CERTAIN
71-75
IMPROVEMENTS ON WATSON ISLAND IS AS
UNIFIED DEVELOPMENT PROJECT (UDP), BY
MODIFYING ACREAGE TO BE INCLUDED IN
UDP FROM 15.58 ACRES OF UPLAND AND 14.08
ACRES OF SUBMERGED LANDS TO
APPROXIMATELY 11.0 ACRES AND 14.0 ACRES
AND BY INCLUDING ENTERTAINMENT
DESTINATION IN LIST OF ALLOWED USES FOR
SITE.
17. FIRST READING ORDINANCE: AMEND SECTION 10/26/00
2-982 AND ADD NEW ARTICLE, CONSISTING OF FIRST READING
SECTIONS 38-230 THROUGH 38-241 TO ORDINANCE
CHAPTER 38 OF CITY CODE TO CREATE AND 76-85
ESTABLISH VIRGINIA KEY BEACH PARK
TRUST — WATERFRONT BOARD TO REVIEW.
18. SECOND READING ORDINANCE: AMENDING 10/26/00
SECTION 38-69 OF CITY CODE ENTITLED ORDINANCE
"PARKS AND RECREATION/USE NO. 11983
REGULATIONS," TO PERMIT SALE AND 86-87
CONSUMPTION OF ALCOHOLIC BEVERAGES
ON A REGULAR BASIS AT ALLEN MORRIS
BRICKELL PARK, LOCATED AT 25 SOUTHEAST
10TH STREET.
•
19.
(A) FIRST READING ORDINANCE: AMEND
10/26/00
ORDINANCE NO. 10021 WHICH ESTABLISHED
FIRST READING
INITIAL RESOURCES AND INITIAL
ORDINANCE
APPROPRIATIONS FOR LAW ENFORCEMENT
88-90
TRUST FUND RECEIVED AND DEPOSITED
PURSUANT TO ORDINANCE NO. 9257, THEREBY
PROVIDING FOR INCREASE IN AMOUNT OF
$3,000,000.
(B) PROSTITUTION RAMPANT ON BISCAYNE
. .
BLVD. — REHAB OR JAIL.
20.
FIRST READING ORDINANCE: AMEND SECTIONS
10/26/00
2-694, 2-887, 2-892, AND 2-976 AND TITLE NAME
FIRST READING
OF ARTICLE XI, DIVISION 5 OF CITY CODE TO
ORDINANCE
CHANGE NAME OF AFFIRMATIVE ACTION
91
ADVISORY BOARD (AAAB) TO EQUAL
OPPORTUNITY ADVISORY BOARD.
21.
APPROVE SELECTION OF PRE -QUALIFIED
10/26/00
PROPOSERS LISTS, AUTHORIZE MANAGER TO
R-00-932
EXECUTE AGREEMENT (S) TO PROVIDE
92-93
GENERAL APPRAISAL AND CONSULTING
SERVICES, FOR OFFICE OF ASSET
MANAGEMENT, TO BE UTILIZED BY VARIOUS
USER DEPARTMENTS AT TIME OF NEED;
ALLOCATE FUNDS FROM OFFICE OF ASSET
MANAGEMENT AND VARIOUS USER,
DEPARTMENTS.
22.
COMMENTS BY COMMISSIONER TEELE
10/26/00
REGARDING THE PROPOSED LEASE
DISCUSSION
AGREEMENT WITH OVERTOWN YOUTH
94
CENTER, INC. IN HIS DISTRICT (See 411).
23. APPROVE AND CONFIRM MANAGER'S FINDING
OF EMERGENCY, WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES
AND AUTHORIZE RENTAL OF GENERATOR TO
PROVIDE POWER TO SCOREBOARD AT
ORANGE BOWL STADIUM FROM SUPER STAR
STAGES FOR DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES, $4,900;
ALLOCATING FUNDS FROM ORANGE BOWL
OPERATING BUDGET.
24. (A) DISCUSSION CONCERNING ISSUES RAISED
BY MR. HAYNES AT CITY COMMISSION
MEETING OF SEPTEMBER 28, 2000.
(B) INSTRUCT CITY ATTORNEY TO DRAFT
NECESSARY LEGISLATION REQUESTING
PERMISSION FROM MIAMI-DADE COUNTY TO
,ESTABLISH CITY UNSAFE STRUCTURES BOARD;
URGE MIAMI -DARE COUNTY TO WAIVE FILING
FEE IMPOSED ON HADLEY PARK HOMEOWNERS
ASSOCIATION FOR DEMOLITION OF. UNSAFE
STRUCTURES IN ITS AREA.
25. APPROVE AND CONFIRM MANAGER'S FINDING
OF EMERGENCY, WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES
AND AUTHORIZE ACQUISITION, DELIVERY
AND INSTALLATION OF ELECTRICAL
TRANSFORMER FOR OPERATION OF
SCOREBOARD AT ORANGE BOWL STADIUM
FROM FLORIDA TRANSFORMERS, INC. FOR
DEPARTMENT OF CONFERENCES, CONVENTIONS,
AND PUBLIC FACILITIES, $12,370; ALLOCATING
FUNDS FROM CAPITAL IMPROVEMENT PROJECT.
10/26/00
R-00-933
95-96
10/26/00
M-00-934
97-103
10/26/00
R-00-935
104-105
26. APPROVE AND CONFIRM MANAGER'S FINDING
OF EMERGENCY, WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVE ROOF
REPAIRS TO DOCKMASTER'S OFFICE AT DINNER
KEY MARINA, FROM V.V. PAINTING, INC. FOR
DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES,
$12,000; WITH FUNDS ALLOCATED FROM
CAPITAL IMPROVEMENTS PROGRAM.
27. APPROVE AND CONFIRM MANAGER'S FINDING
OF AN EMERGENCY, WAIVE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS AND
AUTHORIZE ACQUISITION OF ELECTRICAL
REPAIR SERVICES FOR DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC
FACILITIES FOR WATSON ISLAND MARINA
FROM HANDSEL ELECTRIC COMPANY, $14,848;
ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT.
28. AMEND RESOLUTION NO. 98-1169 TO
AUTHORIZE AN INCREASE IN CONTRACT
WITH BEST GARAGE DOOR, INC. FOR
MAINTENANCE AND REPAIR SERVICES OF
OVERHEAD ROLL -UP DOORS, $10,000, FROM
ANNUAL AMOUNT OF $43,000 TO $53,000, FOR
DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES AND
PROVIDE FOR EXTENSION OF TERM OF
CONTRACT SUBJECT TO ANY EXTENSIONS
APPROVED BY MIAMI-DADE COUNTY;
ALLOCATING FUNDS FROM COCONUT GROVE
CONVENTION CENTER FISCAL YEAR 2000
OPERATING BUDGET.
10/26/00
R-00-936
106-107
10/26/00
R-00-937
108-109
10/26/00
R-00-938
110-111
29.
AUTHORIZE INCREASE, $40,000, IN CONTRACT
10/26/00
WITH DEMOLITION MASTERS, INC. TO
R-00-939
PROVIDE PAYMENT FOR INCREASED COSTS
112
OF DEMOLITION SERVICES DUE TO UNDER -
CALCULATION OF ACTUAL SQUARE FOOTAGE
OF NINE UNSAFE STRUCTURES; ALLOCATING
FUNDS FROM 25TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
30.
AUTHORIZE EXECUTIVE DIRECTOR OF
10/26/00
BAYFRONT PARK MANAGEMENT TRUST TO
R-00-940
ENTER INTO COMPETITIVE NEGOTIATIONS
113-114
AND EXECUTE PROFESSIONAL SERVICES
AGREEMENT WITH FIRM RECOMMENDED BY
AN EVALUATION COMMITTEE TO PROVIDE
EXTERNAL AUDITING SERVICES TO TRUST,
FOR 'FY 2000 AND ALLOCATE $20,000
ANNUALLY FROM TRUST'S OPERATING
.
BUDGET.
31.
APPOINT JOHNNY MATTHEWS AND MIRIAM
10/26/00
URRA AS MEMBERS OF CITY'S AFFIRMATIVE
R-00-941
ACTION ADVISORY BOARD.
115-116
32.
APPOINT MARIANO CRUZ AS MEMBER OF CIVIL
10/26/00
SERVICE BOARD.
R-00-942
117-118
33.
DEFER APPOINTMENTS TO CHARTER REVIEW
10/26/00
AND REFORM COMMITTEE.
DISCUSSION
119
34.
APPOINT VANESSA ACOSTA AS REGULAR
10/26/00
MEMBER OF WATERFRONT ADVISORY BOARD.
R-00-943
120-121
35. APPOINT MARLEINE BASTIEN, LUISA GARCIA- 10/26/00
TOLEDO ROSA ARMESTO, LINDA CESAR NOEL, M-00-944
PINKY SANDS, JOSEFINA SANCHEZ-PANDO, 122-123
ALLYSON WARREN AS MEMBERS OF MIAMI
COMMISSION ON STATUS OF WOMEN.
36. COMMENTS BY COMMISSIONER WINTON 10/26/00
REGARDING RUNNING OUT OF FOOD DURING DISCUSSION
FSU FOOTBALL GAME AND HOW CITY WAS 124-125
PUBLICLY BLAMED FOR IT ON RADIO PROGRAM.
37. APPOINT PAULINE RAMOS AS MEMBER OF 10/26/00
COMMISSION ON STATUS OF WOMEN. M-00-945
126
38. INSTRUCT MANAGER TO MEET WITH CAROLINA
10/26/00
NAVARRO TO NEGOTIATE AGREEMENT IN
M-00-946
CONNECTION WITH DECORATIVE SIDEWALK
127-128
MOLDINGS ALONG S.W. 8TH STREET "STARS IN
CALLE OCHO."
39. ADOPT RECOMMENDATIONS OF ORANGE
10/26/00
BOWL STEERING COMMITTEE TO PERMIT
R-00-947
ORANGE BOWL TO RETAIN EXCESS FUNDS IN
129-130
ITS OPERATIONAL ACCOUNT ABOVE ITS
TOTAL ESTIMATED REVENUES CONTAINED IN
ITS ESTIMATED BUDGET AND RETAIN A
.DESIGNATED PERCENTAGE OF ITS EXCESS
REVENUES AFTER EXPENDITURES TO BE
DIRECTLY REINVESTED IN FACILITY;
FURTHER DIRECTING MANAGER TO ESTABLISH
AN ACCOUNTING SYSTEM TO ACCOMPLISH
SAME.
40. AUTHORIZE AND DIRECT MANAGER TO
10/26/00
INSTRUCT PLANNING DEPARTMENT TO
M-00-948
CONDUCT TRAFFIC AND DEVELOPMENT STUDY
131-134
RELATED TO VIZCAYA METRORAIL STATION
SADD (STATION AREA DESIGN AND
DEVELOPMENT).
0 •
41. AUTHORIZE CITY ATTORNEY TO TAKE ALL
10/26/00
ACTIONS NECESSARY TO SAFEGUARD AND
R-00-949
PROTECT INTERESTS OF CITY AS DIRECTED BY
135-141
CITY COMMISSION INCLUDING LITIGATION OR
ANY METHOD REQUIRED RELATED TO FLORIDA
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES' ENFORCEMENT OF
CITRUS CANKER ERADICATION PROGRAM. SUCH
AS MANDATING RELIEF FROM STATE'S DUE
PROCESS VIOLATIONS AGAINST CITY RESIDENTS
AND PROPERTY OWNERS FOR EACH DESTROYED
TREE AND COMPLETE REMOVAL BY STATE OF
ALL CONSEQUENTIAL PROGRAM DEBRIS AND
REIMBURSEMENT TO CITY OF ALL COSTS
INCURRED BY CITY FOR REMOVAL OF PROGRAM
DEBRIS.
42. URGE MIAMI-DADE COUNTY BOARD OF COUNTY
10/26/00
COMMISSIONERS AND BUILDING OFFICIAL TO
R-00-950
TAKE ALL STEPS NECESSARY TO EXTEND
142-145
AMNESTY PERIOD GRANTED PURSUANT TO
MIAMI-DADE COUNTY ORDINANCE (ORDINANCE
NO. 97-107) AND RESOLUTION NO. R-1455-98 FOR
BRINGING CONSTRUCTION, REPAIRS AND
ADDITIONS BUILT WITHOUT PROPER PERMITS
WHICH EXPIRED WITHOUT ISSUANCE OF
CERTIFICATES OF COMPLETION FROM OCTOBER
29, 1957 THROUGH JULY, 1997, INTO
CONFORMANCE WITH PROVISIONS OF SOUTH
FLORIDA BUILDING CODE FROM ENDING
DECEMBER 31, 2000 TO NO EARLIER THAN JUNE
30, 2001 - (ILLEGAL UNITS).
43. DEFER CONSIDERATION OF DISCUSSION
10/26/00
CONCERNING AGREEMENT TO CONVEY AND
M-00-951
DISPOSE OF CITY -OWNED PARCELS AT 1700 N.W.
146-152
14TH AVENUE TO METRO -MIAMI COMMUNITY
DEVELOPMENT CORPORATION.
44. INSTRUCT MANAGER TO REPORT BACK TO 10/26/00
COMMISSION WITH RECOMMENDATIONS FOR M-00-952
REQUESTED BUDGET OF $40,000 AND AN 153-156
IDENTIFIABLE FUNDING SOURCE TO STAFF
ECONOMIC DEVELOPMENT COMMITTEE FOR A
PERIOD OF ONE YEAR.
45. ACCEPT PLAT ENTITLED NEW HOPE OVERTOWN. 10/26/00
R-00-953
157-158
46. MANAGER TO SCHEDULE PROPOSED GRANT OF 10/26/00
WATER AND SEWER EASEMENT TO MIAMI -DADS DISCUSSION
COUNTY TO SERVE WINN DIXIE PROPERTY IN 159
OVERTOWN/SPRING GARDEN AREA; GRANT
SAME WAIVER AS PROVIDED TO FLORIDA
POWER AND LIGHT.
47. ENDORSE SUBMISSION OF APPLICATION TO 10/26/00
FLORIDA DEPARTMENT OF TRANSPORTATION R-00-954
FOR TRANSPORTATION OUTREACH PROGRAM 160-161
GRANT BY MIAMI-DADE COUNTY TRANSIT
AGENCY FOR REALIGNMENT OF ONE BLOCK OF
METROMOVER MAIN LINE - "DUPONT PLAZA
AREA REALIGNMENT".
48. CITY TO SPONSOR ORANGE BOWL PARADE; 10/26/00 .
GRANT POLICE, FIRE AND SOLID WASTE IN-KIND R-00-955
VALUED BETWEEN $60,000 TO $70,000. 1627165
49. REPLACE LINDA NOEL FOR KAREN CARTWRIGHT 10/26/00
AS MEMBER OF MIAMI COMMISSION ON STATUS R-00-956
OF WOMEN. 166-167
50. CONTINUE CONSIDERATION PROPOSED 10/26/00
CLOSURE OF PUBLIC RIGHTS-OF-WAY AT S.W. M-00-957
18TH ROAD AND S.W. 2ND AVENUE. 168-169
51. DEFER FOR SIX MONTHS CONSIDERATION OF
PROPOSED AMENDMENT TO COMPREHENSIVE
NEIGHBORHOOD PLAN TO CHANGE FUTURE
LAND USE ELEMENT FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL
AND PROPOSED AMENDMENT OF ZONING
ORDINANCE TO CHANGE ZONING ATLAS FROM
R-2 TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR PROPERTY
LOCATED AT 3163, 3165, 3171 AND 3179 S.W. 22ND
TERRACE.
52. OFFICIAL CLOSURE OF PUBLIC RIGHT-OF-
WAY BEING A PORTION OF 6' PUBLIC UTILITY
EASEMENT LYING UNDER GROVE GATE
APARTMENTS LOCATED AT 2575 SW 27TH
AVENUE (Applicant(s): Ruben Garcia, President for
Grove Gate Apartments, Inc.).
53. (A) CONTINUE CONSIDERATION OF PROPOSED
CLOSURE 538 FEET OF PUBLIC RIGHT-OF-WAY
LOCATED NORTH OF S.E. 15TH ROAD RUNNING
PARALLEL AND BETWEEN SOUTH MIAMI
AVENUE AND BRICKELL AVENUE.
(B) CONTINUE CONSIDERATION OF PROPOSED
CLOSURE OF 337 FEET OF PUBLIC RIGHT-OF-WAY
AT LOCATED APPROXIMATELY NORTH OF S.E. 15
ROAD RUNNING PARALLEL AND BETWEEN
SOUTH MIAMI AVENUE AND BRICKELL AVENUE.
(C) CONTINUE CONSIDERATION OF PROPOSED
MAJOR USE SPECIAL PERMIT FOR PARK PLACE
AT BRICKELL PROJECT AT APPROXIMATELY 1450
BRICKELL AVENUE.
10/26/00
M-00-958
170-171
10/26/00
R-00-959
172-173
10/26/00
M-00-960
M-00-961
M-00-962
174-185
54. TABLE CONSIDERATION OF PROPOSED
AMENDMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN LAND USE DESIGNATION
FOR PROPERTY AT 2500 BRICKELL AVENUE
FROM SINGLE FAMILY RESIDENTIAL AND
MEDIUM DENSITY MULTIFAMILY RESIDENTIAL
TO HIGH DENSITY MULTIFAMILY RESIDENTIAL
AND PROPOSED AMENDMENT OF ZONING
ORDINANCE FROM R-1 SINGLE FAMILY
RESIDENTIAL AND R-3 MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL TO R-4 MULTIFAMILY
HIGH-DENSITY RESIDENTIAL (See #61 & 62).
55. SECOND READING ORDINANCE: AMEND
ORDINANCE 10544, CITY'S COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND
USE DESIGNATION FOR PROPERTIES
LOCATED AT 1900-1902 AND 1910 SW 7TH
STREET AND 710 SW 19TH AVENUE FROM
"MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "RESTRICTED
COMMERCIAL" (Applicant(s): Washington Mutual,
F.A., Emilio Lopez and Fernando Alfonso).
56. SECOND READING ORDINANCE: AMEND
ORDINANCE 11000, CITY'S ZONING
ORDINANCE, BY AMENDING ZONING
DESIGNATION FOR PROPERTIES LOCATED AT
1900-1902 AND 1910 SW 7TH STREET AND 710 SW
19TH AVENUE FROM R-3 MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL (Applicant(s):
Washington Mutual, F.A., Emilio Lopez and Fernando
Alfonso).
57. SECOND READING ORDINANCE: AMEND
ORDINANCE 10544, CITY'S COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND
USE DESIGNATION FOR PROPERTIES
LOCATED AT 5061-5075 BISCAYNE BOULEVARD
FROM "OFFICE" TO "RESTRICTED
COMMERCIAL" (Applicant(s): Fiftystreet Investment,
LLC).
10/26/00
DISCUSSION
186-188
10/26/00
ORDINANCE
NO. 11984
180-190
10/26/00
ORDINANCE
NO. 11985
191-192
10/26/00
ORDINANCE
NO. 11986
193-194
58. SECOND READING ORDINANCE: AMEND
ORDINANCE 10544, CITY'S COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND
USE DESIGNATION FOR PROPERTY LOCATED
AT APPROXIMATELY 1951 NW SOUTH RIVER
DRIVE FROM "INDUSTRIAL" TO "HIGH
DENSITY MULTIFAMILY RESIDENTIAL"
(Applicant(s): Wallace and Laverne Kreidt)
59. SECOND READING ORDINANCE: CHANGE
ZONING AS LISTED IN ORDINANCE 11000,
CITY'S ZONING ORDINANCE, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, FROM SD -4 WATERFRONT
INDUSTRIAL DISTRICT TO R-4 MULTIFAMILY
HIGH DENSITY RESIDENTIAL FOR PROPERTY
LOCATED AT 1951 NW SOUTH RIVER DRIVE
(Applicant(s): Wallace and Laverne Kreidt)
60. SECOND READING ORDINANCE: CHANGE
ZONING AS LISTED IN ORDINANCE 11000,
CITY'S ZONING ORDINANCE, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, FROM SD -4 WATERFRONT
INDUSTRIAL DISTRICT TO R-4 MULTIFAMILY
HIGH DENSITY RESIDENTIAL FOR PROPERTY
LOCATED AT 1951 NW SOUTH RIVER DRIVE
(Applicant(s): Wallace and Laverne Kreidt).
61. CONTINUE CONSIDERATION OF PROPOSED
AMENDMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN LAND USE DESIGNATION
FOR PROPERTY AT 2500 BRICKELL AVENUE
FROM SINGLE FAMILY RESIDENTIAL AND
MEDIUM DENSITY MULTIFAMILY RESIDENTIAL
TO HIGH DENSITY MULTIFAMILY RESIDENTIAL
(See #54).
10/26/00
ORDINANCE
NO. 11987
195-196
10/26/00
ORDINANCE
NO. 11988
197-206
10/26/00
ORDINANCE
NO. 11989
207-208
10/26/00
M-00-963
209=224
62.
CONTINUE CONSIDERATION OF PROPOSED
10/26/00
AMENDMENT OF ZONING ORDINANCE FOR
M-00-964
PROPERTY AT 2500 BRICKELL AVENUE FROM R-1
225-226
SINGLE FAMILY RESIDENTIAL AND R-3
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
TO R-4 MULTIFAMILY HIGH-DENSITY
RESIDENTIAL (See 454).
63.
SECOND READING ORDINANCE: AMEND
10/26/00
ORDINANCE 10544, CITY'S COMPREHENSIVE
ORDINANCE
NEIGHBORHOOD PLAN, BY CHANGING LAND
NO. 11990
USE DESIGNATION FOR PROPERTIES
227-229
LOCATED AT 8295, 8296, 8298, 8299, 8307, 8312,
8315, 8320, 8321, 8329, 8401, 8450 AND 8455 NE
MIAMI COURT, 30 AND 50 NE 84TH STREET, 8305
AND 8401 NORTH MIAMI AVENUE, AND 8290,
8300, 8310, 8320, 8334, 8340, 8400 AND 8440 NE 1sT
AVENUE FROM "RESTRICTED COMMERCIAL"
TO "OFFICE", 1175 NW 67TH STREET FROM
"SINGLE FAMILY RESIDENTIAL" TO "MAJOR
INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES", AND 220
NE 43" STREET FROM "MAJOR
INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES" TO
"SINGLE FAMILY RESIDENTIAL" (Applicant(s):
City of Miami Planning and Zoning Department.
64.
CONTINUE CONSIDERATION OF PROPOSED
10/26/00
AMENDMENT OF ZONING ORDINANCE TO
M-00-965
ALLOW FOR ADMINISTRATIVE RELEASES OF
230-234
COVENANTS AND UNITY OF TITLE PROVISIONS
BY ZONING ADMINISTRATOR AS APPLICABLE.
65.
DISCUSSION: CONSIDERATION OF AMENDING
10/26/00
ORDINANCE 11000, CITY'S ZONING
DISCUSSION
ORDINANCE, BY AMENDING ARTICLE 17,
235-239
SECTION 1702, TO MODIFY PROVISIONS FOR
MAJOR USE SPECIAL PERMIT APPLICATIONS
TO ELIMINATE REFERRALS OF SUCH
APPLICATIONS TO ZONING BOARD
(Applicant(s): City of Miami Planning and Zoning
Department).
66.
MANAGER TO SCHEDULE MAYOR AND
10/26/00
COMMISSION ITEMS FOLLOWING CONSENT
M-00-966
AGENDA ITEMS ON FUTURE AGENDAS.
240 ,
67.
URGE MIAMI STREET CODESIGNATION REVIEW
10/26/00
COMMITTEE TO WORK DILIGENTLY WITH
R-00-967
MANAGER'S OFFICE THROUGH CITY'S
241-243
PLANNING DEPARTMENT IN PROVIDING INPUT
AS PART OF STUDY WHICH SHALL INCLUDE.
CONSULTATION WITH FAMILY OF LATE JOE
LANG KERSHAW, SR., IN DETERMINING
APPROPRIATE STREET LOCATION TO - BE
CODESIGNATED IN HIS HONOR - NEED TO
HONOR MORE AFRICAN -AMERICANS.
68.
MANAGER TO SCHEDULE DISCUSSION ITEM
10/26/00
RELATED TO EXPENDITURES, ORGANIZING
DISCUSSION
COMMITTEE AND OTHER ISSUES IN CONNECTION
244-245
WITH HEMISPHERIC CONGRESS OF CHIEFS OF
POLICE.
69.
(A) AUTHORIZE MANAGER TO EXECUTE BILL .OF
10/26/00
SALE TO MIAMI-DADE COUNTY, WHEREBY CITY
R-00-968
WILL GRANT TO COUNTY SIX-INCH FIRE LINE
M-00-969
AND RELATED FITTINGS AND APPURTENANCES,
246-248
CONSTRUCTED TO SERVE LATIN AMERICAN
GOURMET RESTAURANT LOCATED AT 46 WEST
FLAGLER STREET.
(B) DIRECT MANAGER TO RESCHEDULE
PROPOSED NEWSRACK ORDINANCE.
70.
GRANT EXTENSION UNDER PROVISIONS
10/26/00
CONTAINED IN SECTION 4-2 OF CITY CODE TO
R-00-970
PROVIDE FOR TWO HOUR EXTENSION UNTIL
249-251
JANUARY 31, 2001, OR UNTIL SPECIAL
EXCEPTION FOR NIGHTCLUB DESIGNATION IS
APPROVED, FOR SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES ON PREMISES FOR
POWER STUDIOS MIAMI, LLC., A RESTAURANT
LOCATED IN DESIGN DISTRICT AT 3701
NORTHEAST 2ND AVENUE.
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26th day of October, 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 9:42 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 Regalado, after which, Commissioner Winton led
those present in a pledge of allegiance to the flag.
1. PRESENTATIONS AND PROCLAMATIONS. PROCLAMATIONS MADE TO HONOR
ARTISTS FROM HAITI: REGINE MERCIER DAY; ISABELLE DEBROSSE DAY; GIGI LILAVIUS
DAY; SOPHIA LACROIS DAY.
1 10/26/00
2. CONSENT AGENDA.
Vice Chairman Gort: My understanding is the consent agenda, we have several items that need to be --
Any Commissioner want to pull any of the consent agenda items?
Commissioner Winton: Can I ask some questions about --
Vice Chairman Gort: Sure.
Commissioner Winton: On CA -6, which is to extend current contracts on microfilm development services
for the City of Miami, I would like to ask, because I understand there are much better technologies for
storing records than microfiche and microfilm. In fact, I thought most people had gotten rid of that stuff.
And while the cost per year is thirty-five thousand, you get a hundred and seventy-five thousand dollars
($175,000) in it. I'm just curious as to what our plan is for the City moving out of the Dark Age storage
process and into the 21" Century storage process.
Neyda Galvez (Assistant Director, Information Technology): Yes. Neyda Galvez, Assistant Director of
Information Technology. Yes, we are cognizant of the new technologies, and we are looking, actively
pursuing better methods of backing up and -- our reports. However, it's a large number of reports
involved, and we need to do a careful plan and analysis, and a phased implementation, as well as look at
all the illegal issues involved, as well.
Commissioner Winton: In approving this, we're approving individual one-year contracts. So if -- isn't
that correct?
Ms. Galvez: Correct.
Commissioner Winton: OK. So if you get a plan in place within a year, or 18 months, or two years or
whatever, then the rest of this contract won't move forward?
Ms. Galvez: That's correct.
Commissioner Winton: OK. Thank you.
Vice Chairman Gort: Any other item that any other Commissioner would like to pull? OK. I understand
we need to make some adjustment.
Shorty Bryson (Chief of Fire): Shorty Bryson, Fire Chief. Just one correction on CA -1. By error, it said
funded by fire assessment. That should be Department of Fire operating budget. It has the right account
code on it.
Vice Chairman Gort: OK. Any other --
Commissioner Sanchez: So move with the --
Vice Chairman Gort: Wait a minute.
2 10/26/00
0 !
Lori Billberry (Director, Asset Management): I have one other comment. CA -17 has been amended to
include the funding source. An account number has been added to it.
Vice Chairman Gort: OK.
Commissioner Sanchez: So move with the amendments.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Is there anyone in the public who would like to address any of the items? Anyone
in the public who would like to address any of the consent agenda items? Being none, all in favor, state it
by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
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
WINTON AND SECONDED BY COMMISSIONER SANCHEZ, THE
CONSENT AGENDA ITEMS WERE PASSED 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.
3 10/26/00
0
2.1 ACCEPT BID OF METRO MEDICAL SUPPLY FOR PROCUREMENT OF EXAMINATION
GLOVES FOR DEPARTMENT OF FIRE -RESCUE, $55,836.
RESOLUTION NO. 00-905
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF METRO MEDICAL SUPPLY, FOR THE PROCUREMENT
OF EXAMINATION GLOVES FOR THE DEPARTMENT OF FIRE -
RESCUE, ON A CONTRACT BASIS FOR A ONE (1) YEAR PERIOD,
WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-
YEAR PERIODS, IN A TOTAL AMOUNT NOT TO EXCEED $55,836;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.280601.6.714 FOR SAID PURPOSES.
2.2 ACCEPT BID OF JOE BLAIR GARDEN SUPPLY, FOR PROCUREMENT OF THREE STIHL
MODEL NO. TS -760-16 GASOLINE -POWERED SAWS AND TEN STIHL MODEL,NO. TS -400-14
GASOLINE -POWERED SAWS FOR DEPARTMENT OF FIRE -RESCUE, $9,398; ALLOCATING
FUNDS FROM CAPITAL IMPROVEMENT PROJECT, FUNDED BY FIRE ASSESSMENT.
RESOLUTION NO. 00-906
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF JOE BLAIR GARDEN SUPPLY FOR THE
PROCUREMENT OF THREE (3) STIHL MODEL NO. TS -760-16
GASOLINE -POWERED SAWS AND TEN (10) STIHL MODEL NO.
TS -400-14 GASOLINE -POWERED SAWS FOR THE DEPARTMENT
OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $9,398;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 313304, ACCOUNT CODE NO.
289401.6.840, AS FUNDED BY THE FIRE ASSESSMENT.
4 10/26/00
2.3 ACCEPT BID OF TEN -8 FIRE EQUIPMENT FOR PROCUREMENT OF EIGHT CUTTERS
EDGE POWERED VENTILATION CHAINSAWS FOR DEPARTMENT OF FIRE -RESCUE, $10,604;
ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT, FUNDED BY FIRE
ASSESSMENT.
RESOLUTION NO. 00-907
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF TEN -8 FIRE EQUIPMENT FOR THE PROCUREMENT
OF EIGHT (8) CUTTERS EDGE POWERED VENTILATION
CHAINSAWS FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN
AMOUNT NOT TO EXCEED $10,604; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO.
313304, ACCOUNT CODE NO. 289401.6.840, AS FUNDED BY THE
FIRE ASSESSMENT.
2.4 ACCEPT BID OF AUSTIN'S DIVING CENTER, INC. FOR PROCUREMENT OF
ENVIRONMENTAL PROTECTION DRY SUITS WITH ACCESSORIES, FOR DEPARTMENT OF
POLICE, $34,383.20; ALLOCATING FUNDS FROM LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 00-908
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF AUSTIN'S DIVING CENTER, INC. FOR THE
PROCUREMENT OF ENVIRONMENTAL PROTECTION DRY SUITS
WITH ACCESSORIES, FOR THE DEPARTMENT OF POLICE, IN AN
AMOUNT NOT TO EXCEED $34,383.20; ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NOS. 690001, 690002, AND 690003, SUCH EXPENDITURE
HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS
COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY
AND JUSTICE'S "GUIDE TO EQUITABLE SHARING" AND
SECTION 732.7055, FLORIDA STATUTES (1999).
5 10/26/00
2.5 ACCEPT BID OF ROUND TIRE SERVICE, INC. FOR ACQUISITION OF SPECIALIZED
FLAT TIRE REPAIR SERVICES FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, $60,000; ALLOCATING FUNDS FROM GENERAL SERVICES
ADMINISTRATION.
RESOLUTION NO. 00-909
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF ROUND TIRE SERVICE, INC. FOR THE ACQUISITION
OF SPECIALIZED FLAT TIRE REPAIR SERVICES FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, ON A
CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR, WITH THE
OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR
PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $60,000;
ALLOCATING FUNDS THEREFOR FROM THE GENERAL
SERVICES ADMINISTRATION OPERATING BUDGET, LIGHT
FLEET DIVISION, ACCOUNT CODE NO. 503001.420905.6.670.
2.6 ACCEPT BID OF ANACOMP, INC. FOR ACQUISITION OF MICROFICHE AND
MICROFILM DEVELOPMENT SERVICES FOR DEPARTMENT OF INFORMATION
TECHNOLOGY, $35,000; ALLOCATING FUNDS FROM GENERAL FUND.
RESOLUTION NO. 00-910
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF ANACOMP, INC. FOR THE ACQUISITION OF
MICROFICHE AND MICROFILM DEVELOPMENT SERVICES FOR
THE DEPARTMENT OF INFORMATION TECHNOLOGY ON A
CONTRACT BASIS FOR ONE (1) YEAR, WITH THE OPTION TO
RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, IN
AN ANNUAL AMOUNT NOT TO EXCEED $35,000; ALLOCATING
FUNDS THEREFOR FROM THE GENERAL FUND, ACCOUNT
CODE NO. 001000.460101.6.340.
6 10/26/00
0
0
2.7 ACCEPT BID OF SPECIAL PRODUCTS GROUPS, SRT SUPPLY, AND SOUTHERN
PRECISION ARMORY FOR PROCUREMENT OF THIRTY-FOUR M-16 AIMING SCOPES,
TWENTY-FIVE BALLISTIC VESTS, THIRTY BALLISTIC GROIN PROTECTORS, AND ONE
BALLISTIC SHIELD, FOR DEPARTMENT OF POLICE, $41,098.80; ALLOCATING FUNDS FROM
LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 00-911
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BIDS OF SPECIAL PRODUCTS GROUPS, SRT SUPPLY, AND
SOUTHERN PRECISION ARMORY, FOR THE PROCUREMENT OF
THIRTY-FOUR (34) M-16 AIMING SCOPES, TWENTY-FIVE (25)
BALLISTIC VESTS, THIRTY (30) BALLISTIC GROIN
PROTECTORS, AND ONE (1) BALLISTIC SHIELD, FOR THE
DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED
$41,098.80; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002,
AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED
BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S.
DEPARTMENT OF THE TREASURY AND JUSTICE'S "GUIDE TO
EQUITABLE SHARING" AND SECTION 732.7055, FLORIDA
STATUTES (1999).
7 10/26/00
0
0
2.8 APPROVE CONTRACT FOR MAILING SERVICES FROM ARROWMAIL PRESORT
COMPANY, INC. UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 5913-2/00-2 FOR
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, GRAPHICS REPRODUCTION
DIVISION, TO BE UTILIZED CITYWIDE, $14,000; ALLOCATING FUNDS FROM VARIOUS USER
DEPARTMENTS.
RESOLUTION NO. 00-912
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE ACQUISITION OF MAILING SERVICES, FOR THE
DEPARTMENT OF GENERAL SERVICES, FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION, GRAPHICS
PRODUCTION DIVISION, FOR CITYWIDE DEPARTMENTAL USE
FROM ARROWMAIL PRESORT MAIL COMPANY, INC., UNDER
EXISTING MIAMI-DADE COUNTY CONTRACT NO. 5913-2/00-2,
EFFECTIVE UNTIL APRIL 30, 2001, AND SUBJECT TO ANY
EXTENSIONS THERETO BY MIAMI-DADE COUNTY, AT A TOTAL
ANNUAL AMOUNT NOT TO EXCEED $14,000; ALLOCATING
FUNDS FROM THE BUDGETS OF THE VARIOUS USER
DEPARTMENTS , SUBJECT TO BUDGETARY APPROVAL ;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE
2.9 APPROVE CONTRACT FOR COURT REPORTING SERVICES FROM VARIOUS
VENDORS, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 0628 -2/02 -OTR -CW,
FOR OFFICE OF HEARING BOARDS, $13,246; ALLOCATING FUNDS FROM OFFICE OF
HEARING BOARDS.
RESOLUTION NO. 00-913
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE ACQUISITION OF COURT REPORTING SERVICES FOR THE
OFFICE OF HEARING BOARDS FROM VARIOUS VENDORS,
UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 0628-
2/02 -OTR -CW, EFFECTIVE OCTOBER 1, 2000 THROUGH
SEPTEMBER 2001, SUBJECT TO ANY EXTENSIONS THERETO, IN
AN ANNUAL AMOUNT NOT TO EXCEED $13,246; ALLOCATING
FUNDS THEREFOR FROM THE OFFICE OF HEARING BOARDS,
ACCOUNT CODE NO. 001000.820101.6.289.
8 10/26/00
210 ALLOCATE $18,000 FROM FISCAL YEAR 2000-2001 BUDGETED FUNDS OF OFFICE OF
HEARING BOARDS FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR CODE
ENFORCEMENT BOARD.
RESOLUTION NO. 00-914
A RESOLUTION OF THE MIAMI CITY COMMISSION
ALLOCATING AN AMOUNT NOT TO EXCEED $18,000 FROM
FISCAL YEAR 2000-2001 BUDGETED FUNDS OF THE OFFICE OF
HEARING BOARDS, ACCOUNT CODE. NO. 820101-250 FOR
PAYMENT OF COMPENSATION TO SPECIAL COUNSEL,
INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES,
FOR THE CODE ENFORCEMENT BOARD.
2.11 ALLOCATE $18,000 FROM FISCAL YEAR 2000-2001. BUDGETED FUNDS OF SPECIAL
PROGRAMS AND ACCOUNTS FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL
FOR NUISANCE ABATEMENT BOARD.
RESOLUTION NO. 00-915
A RESOLUTION OF THE MIAMI CITY COMMISSION
ALLOCATING AN AMOUNT NOT TO EXCEED $18,000 FROM
FISCAL YEAR 2000-2001 BUDGETED FUNDS OF SPECIAL
PROGRAMS AND ACCOUNTS, ACCOUNT NO. 820101.250, FOR
PAYMENT OF COMPENSATION TO SPECIAL COUNSEL,
INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES,
FOR THE NUISANCE ABATEMENT BOARD.
2.12 ALLOCATE $18,000 FROM FISCAL YEAR 2000-2001 BUDGETED FUNDS OF CIVIL
SERVICE OFFICE FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR CIVIL
SERVICE BOARD.
RESOLUTION NO. 00-916
A RESOLUTION OF THE MIAMI CITY COMMISSION
ALLOCATING AN AMOUNT NOT TO EXCEED $18,000 FROM
FISCAL YEAR 2000-2001 BUDGETED FUNDS OF THE CIVIL
SERVICE OFFICE, ACCOUNT NO. 240101-250, FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL, INCLUDING ANY
REQUIRED RELATED LITIGATION SERVICES, FOR THE CIVIL
SERVICE BOARD.
9 10/26/00
2.13 URGE UNITED STATES CONGRESS TO RATIFY UNITED NATIONS' CONVENTION ON
ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN.
RESOLUTION NO. 00-917
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
UNITED STATES CONGRESS TO IMMEDIATELY RATIFY THE
UNITED NATIONS' CONVENTION ON THE ELIMINATION OF ALL
FORMS OF DISCRIMINATION AGAINST WOMEN; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
2.14 AUTHORIZE MANAGER TO EXECUTE MEMORANDUM OF UNDERSTANDING
BETWEEN CITY AND FLORIDA DEPARTMENT OF LAW ENFORCEMENT .(FDLE) FOR
PURPOSE OF RENDERING COLLABORATION AND COOPERATION FOR PUBLIC INTEGRITY
INVESTIGATIONS.
RESOLUTION NO. 00-918
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE .CITY MANAGER TO
EXECUTE A MEMORANDUM OF UNDERSTANDING, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI AND THE FLORIDA DEPARTMENT OF LAW
ENFORCEMENT (FDLE), EFFECTIVE UNTIL JULY 1, 2001, FOR
THE PURPOSE OF CONDUCTING SUCH CRIMINAL
INVESTIGATIONS AS MAY BE APPROPRIATE CONCERNING
ANY CITY OF MIAMI ELECTED OFFICIAL.
2.15 AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT FOR
PROVISION OF PROJECT COORDINATOR UNDER SCHOOL BASED PARTNERSHIP GRANT II,
FOR POLICE DEPARTMENT AND ALLOCATE FUNDS, $30,000, FROM SCHOOL BASED
PARTNERSHIPS GRANT II FUND.
A RESOLUTION (PENDING)
RESOLUTION NO. 00-919
10 10/26/00
2.16 AMEND RESOLUTION NO. 00-524 FOR PURCHASE OF TEN MERCURY OUTBOARD
ENGINES FROM MERCURY MARINE, TO REFLECT NEW STATE OF FLORIDA CONTRACT
NO. 120-440-01-1.
RESOLUTION NO. 00-920
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 00-524, ADOPTED JUNE 29, 2000, FOR THE
PURCHASE OF TEN (10) MERCURY OUTBOARD ENGINES FROM
MERCURY MARINE, TO REFLECT A CHANGE IN THE STATE OF
FLORIDA CONTRACT NUMBER FROM CONTRACT NO. 120-440-
00-1 TO CONTRACT NO. 120-440-01-1, EFFECTIVE UNTIL JULY 31,
2001.
2.17 AUTHORIZE MANAGER TO EXECUTE LEASE AGREEMENT BETWEEN CITY AND
STATE OF FLORIDA FOR PURPOSE OF LEASING APPROXIMATELY 152,747.8 SQUARE FEET
OF SUBMERGED LAND ADJACENT TO 2640 SOUTH BAYSHORE DRIVE FOR PUBLIC
MARINA PURPOSES; PROVIDING FOR INITIAL LEASE FEE OF $15,178.86 OR SIX PERCENT
OF GROSS REVENUE FROM WET SLIP RENTALS; AUTHORIZE PAYMENT TO STATE OF
ANNUAL FEE OF $15,178:87 FOR PERIOD OF TIME BETWEEN DATE OF APPROVAL OF LEASE
AND JULY 1, 2001, OR DATE ON WHICH GROVE HARBOUR MARINA AND CARIBBEAN
MARKETPLACE, LLC TAKE POSSESSION OF PROPERTY, WHICHEVER IS EARLIER.
A RESOLUTION (PENDING)
RESOLUTION NO. 00-921
11 10/26/00
•
2.18 AUTHORIZE MANAGER TO EXECUTE TEMPORARY WAIVER OF RESTRICTIONS AND
REVERTER BETWEEN CITY AND BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT
TRUST FUND TO ALLOW CITY TO LEASE APPROXIMATELY 134,370.4 SQUARE FEET OF
SUBMERGED LANDS TO GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE,
LLC, FOR DEVELOPMENT AND OPERATION OF PUBLIC MARINA; PROVIDING FOR INITIAL
FEE OF $19,000 OR SIX PERCENT OF GROSS REVENUE FROM WEST SLIP RENTAL,
WHICHEVER IS GREATER.
RESOLUTION NO. 00-922
A RESOLUTION (PENDING)
2.19 AUTHORIZE MANAGER TO ACCEPT BUTLER ACT DISCLAIMER FROM STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, WHICH PROVIDES FOR
STATE TO DISCLAIM ANY INTEREST IT MAY HAVE IN PROPERTY LOCATED AT 2640
SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA.
A RESOLUTION (PENDING)
RESOLUTION NO. 00-923
12 10/26/00
3. APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVING
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE
PROCUREMENT OF ONE ANDROS MARK F6A TRANSPORTABLE ROBOT FOR DEPARTMENT
OF POLICE FROM REMOTEC, INC., SOLE SOURCE PROVIDER, $124,597; ALLOCATING
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
Vice Chairman Gort: Two. The robot. Andros Mark F6A, bomb squad. Do I have a motion or a
question?
Commissioner Sanchez: Well, I have a question. Do we -- is this -- do we have one already? Do we have
-- Is someone here from the Police Department?
Carlos Gimenez (City Manager): We're looking for the Police Chief now. Here he comes.
Commissioner Sanchez: Chief Martinez, good morning.
Raul Martinez (Chief of Police):. Good morning, sir. How are you?
Commissioner Sanchez: Do we have one already for the bomb squad?
Chief Martinez: I'm sorry, sir. I didn't hear you.
Commissioner Sanchez: Do we have already a --
Vice Chairman Gort: Andros Mark F6.
Commissioner Sanchez: -- a robotic -- a robot for the bomb squad already?
Chief Martinez: We have a robot already. It's between ten to 12 years old. The technology has changed
drastically since that robot came out. And even though it is primarily a bomb robot, it can also be used for
hostage negotiations. The robot goes in, it looks, and you can see right through the robot. I've been told
that you can give it a key and it can open -- it's got the tech. to open doors with a key. That's how much
touch the robot has. It has a bunch of other uses beyond just bombs. And let me say, for the issue of
bombs, which sometimes there's bombs in --
Vice Chairman Gort: Let me ask you a question. How much are these robots?
Commissioner Sanchez: A hundred and twenty-four thousand dollars ($124,000).
Chief Martinez: Yeah, they're expensive.
Commissioner Sanchez: It better open a lot of doors.
Chief Martinez: Yeah.
Vice Chairman Gort: A hundred and twenty-five thousand.
13 10/26/00
0
Chief Martinez: Yes, sir.
Vice Chairman Gort: And they last for 15 years?
Chief Martinez: At least. Ten, 15 years.
Vice Chairman Gort: What's a policeman's salary?
0
Chief Martinez: A policeman's salary? Probably around -- roughly, with benefits, around fifty thousand
dollars ($50,000) a year.
Vice Chairman Gort: Uh-huh. OK. So can we exchange some of the police officers by robot? I mean,
we'll be saving a lot of money on that.
Chief Martinez: But let me say, Commissioners, you know, Miami has historically been first or second to
Puerto Rico in the number of bombs and bomb devices that are spotted and responded to. This past
weekend, in Wynwood, we confiscated acid bombs, which is -- basically what it is,.they are created with
acid, and then they put shrapnel in there, so when they explode, it's not just acid, but it's pieces of
shrapnel or metal that can really hurt you. It can kill you if you're close enough to that. We confiscated
three or four of them this past weekend. So we're very active, even though, you know, we don't hear
about it. It's not something that we want to brag about in that area in Miami.
Vice Chairman Gort: My understanding is they were young kids, 13, 14, 15.
Chief Martinez: Yes, they were. I think they were even younger than that, sir.
Vice Chairman Gort: And they build a lot on the Internet.
Chief Martinez: Yeah. You know, unfortunately, all this information is all over the Internet.
Vice Chairman Gort: Thank you, Chief. Commissioner Sanchez.
Commissioner Sanchez: The funding source comes out of the local Law Enforcement Trust Fund, so I
will move the item.
Commissioner Winton: Second. And one question. This is an issue near and dear to Commissioner
Teele's heart, and that is this is a sole source bid, so could you explain why it's a sole source bid as
opposed to --
Chief Martinez: The issue of the sole source for the robot is that -- hold on. Let me see if I can find it
here. Give me a second, Commissioner. Commissioner, I'm sure that the issue has to do -- there's a local
vendor -- and "local," I don't mean a Miami vendor, but a South Florida vendor where we can take it, but
let me find it one quick second.
Commissioner Winton: Yeah. It's a non -local. This is a non -local, non -minority vendor.
14 10/26/00
Major Joseph Longueira (Police -Support Services): All of these kind of things that it does, not all robots
can do.
Chief Martinez: And Commissioner, and again, I'm not an expert in this area. This is the one that met the
spec's as we sent out. I believe this is the same one that Metro -Dade uses for their robots. There's really
not -- you know, there's not -- it's not like cars, where 50 companies make cars.
Commissioner Winton: Chief, would you do me a favor and from this point on, when you all bring -- in
fact, anybody from a staff standpoint -- when you bring sole source bid items before the Commission, I
think it's important to state publicly why we're doing sole source bidding --
Chief Martinez: I agree.
Commissioner Winton: -- so the public understands the answer, and it's said publicly. Right. But the
public doesn't see the package.
Vice Chairman Gort: It is in the package. I think what Commissioner --
Judy Carter (Director, Purchasing): Yeah. The key is we need to just publicly say what's already there on
the document.
Commissioner Winton: Correct.
Vice Chairman Gort: Right. You know, not the --.you don't have to read the whole thing, but just read
the one reason, the only people that manufacture and so on.
Commissioner Winton: So the people -- Right.
Ms. Carter: Essentially, for the point of the public, when we speak about sole source, we're saying that
there is no other supplier that can provide this particular product. And the Code allows us to award a
contract to that supplier, because there is no other that can provide it. And therefore, we have done our
due diligence in researching; including that of the web site, to determine that there is no other supplier of
this particular product, which I think is a robot.
Vice Chairman Gort: Right.
Major Longueira: There are two specific things it does that other robots don't. It can climb stairs --
Vice Chairman Gort: I'm sorry --
Major Longueira: Major Joseph Longueira, Miami Police. It can climb stairs, and it can also carry tools
to disarm a bomb. Other robots can't do that.
Commissioner Winton: That's what the public would like to hear. Thank you.
15 10/26/00
Chief Martinez: Thank you, Commissioner. I'm sorry.
Vice Chairman Gort: There's a motion and a second. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-924
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5 THS) 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
PROCUREMENT OF ONE (1) ANDROS MARK F6A
TRANSPORTABLE ROBOT FOR THE DEPARTMENT OF POLICE
FROM REMOTEC, INC., THE SOLE SOURCE PROVIDER, IN AN
AMOUNT NOT TO EXCEED $124,597; ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NUMBERS 690001, 690002 AND 690003, SUCH
EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE
TREASURY AND JUSTICE'S "GUIDE TO EQUITABLE SHARING"
AND SECTION 932.7055, FLORIDA STATUTES (1999).
(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.
16 10/26/00
4. FIRST READING ORDINANCE: AMEND SECTION 18-298(6) OF CITY CODE
("FINANCE/STORM WATER UTILITY FEES AND FUND") TO CHANGE REFERENCES FROM
"MIAMI RIVER COORDINATING COMMITTEE" TO "MIAMI RIVER COMMISSION."
Vice Chairman Gort: Item 3.
Commissioner Sanchez: Item number 3, Mr. Chairman, first reading ordinance, so move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Any further discussion? I have a question. My understanding is all these
agreements are entitled to the twenty-five thousand dollars ($25,000).
Commissioner Sanchez: No, that's the next item.
John Jackson (Director, .Public Works): No. That's the next item.
Commissioner Sanchez: This is just the name. This is just changing the name, Mr. Chairman.
Vice Chairman Gort: Next item. This is the one changing the name. OK. Call the roll.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI.CITY COMMISSION AMENDING
CHAPTER 18/ARTICLE VIII OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/STORM
WATER UTILITY FEES AND FUND" TO CHANGE REFERENCES
THEREIN FROM "MIAMI RIVER COORDINATING COMMITTEE"
TO "MIAMI RIVER COMMISSION," MORE PARTICULARLY BY
AMENDING SECTION 18-298(6); CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
17 10/26/0.0
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.
18 10/26/00
5. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH MIAMI RIVER FUND, INC.,
FINANCIAL AGENCY FOR MIAMI RIVER COMMISSION, TO CONTINUE PROVIDING
EDUCATIONAL PROGRAMS RELATING TO MIAMI RIVER, ALLOCATING $25,000 FROM
"ENVIRONMENTAL STORM SEWER TRUST" SPECIAL REVENUE FUND.
Vice Chairman Gort: Four -B. Commissioner Sanchez.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Winton: Second.
Commissioner Sanchez: This is the twenty-five thousand dollar ($25,000) fund for educational programs
pertaining to the river.
Commissioner Winton: Second.
Vice Chairman Gort: All we've committed on this one is the twenty-five thousand dollars ($25,000).
Unidentified Speaker: For two years.
Vice Chairman Gort: For two years. OK.
Commissioner Sanchez: Which we've done in the past for many years.
Vice Chairman Gort: Right, yes. Read it.
Alejandro Vilarello (City Attorney): It's a resolution.
Note for the Record: The City Attorney read the pending resolution into the public record by title
only.
Walter Foeman (City Clerk): Roll call.
19 10/26/00
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-925
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH MIAMI RIVER FUND, INC.,
THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION,
TO CONTINUE PROVIDING EDUCATIONAL PROGRAMS
RELATING TO THE MIAMI RIVER FOR A TWO (2) YEAR TERM
ENDING ON SEPTEMBER 30, 2001, IN SUBSTANTIALLY THE
ATTACHED FORM; ALLOCATING FUNDS THEREFOR, IN AN
ANNUAL AMOUNT NOT TO EXCEED $25,000 FROM THE
"ENVIRONMENTAL STORM SEWER TRUST" SPECIAL REVENUE
FUND ACCOUNT NO. 310504-930, PROJECT 120001.
(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.
Vice Chairman Gort: Thank you.
20 10/26/00
•
6. TABLE: DISCUSSION ON FUTURE DEVELOPMENT OF WATSON ISLAND (See #12 and
15).
Vice Chairman Gort: OK, Item 5.
Carlos Gimenez (City Manager): Mr. Chairman, do you want to do 4-A?
Vice Chairman Gort: Did we skip 4-A?
Commissioner Winton: Yeah.
Commissioner Regalado: Can we wait for Commissioner Teele, if he's coming? I understand that he is
coming.
Mr. Gimenez: We're ready to go, proceed any time you are, sir.
Commissioner Regalado: Thank you.
Vice Chairman Gort: OK. Thank you.
Commissioner Winton: Is he coming?
Commissioner Regalado: I think he is coming. They said that he's coming.
Note for the Record: At this point, agenda item 4-A was tabled.
21 10/26/00
• . •
7. TABLE: MR. LEROY JONES AND REPRESENTATIVE (S) OF BROTHERS OF THE SAME
MIND.
Vice Chairman Gort: Item 6. Leroy Jones.
Judy Carter (Director, Purchasing): He's not here; it appears. But when he comes, the City administration
will be prepared to address the concerns that he has.
Vice Chairman Gort: OK.
Ms. Carter: But I think we need to defer it until he arrives.
Vice Chairman Gort: Thank you.
Note for the Record: At this point, agenda item 6 was tabled.
22 10/26/00
8. SECOND READING ORDINANCE: AMEND SECTIONS 2-887 AND 2-892, AND CREATE
NEW DIVISION AND SECTIONS OF CITY CODE ENTITLED "ADMINISTRATION/BOARDS,
COMMITTEES, COMMISSIONS" TO ESTABLISH MIAMI COMMISSION ON STATUS OF
WOMEN (MCSW); FURTHER, RESCIND RESOLUTION NOS. 73-566, 74-1373, 78-271 89-217, 93-
419, 94-183 AND 96-522.
Vice Chairman Gort: Six -A. Second reading. Is this the second reading on the ordinance?
Commissioner Sanchez: Six -A, so move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion? Being none, read the ordinance.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS,"
TO ESTABLISH THE MIAMI COMMISSION ON THE STATUS OF
WOMEN. ("MCSW"); SETTING FORTH THE MCSW'S PURPOSE,
POWERS AND DUTIES; AND TO PROVIDE FOR "SUNSET"
REVIEW, MEMBERSHIP, TERM OF OFFICE, VACANCIES,
OFFICERS, RULES OF PROCEDURE, MEETINGS, VOTING AND
QUORUM, ATTENDANCE REQUIREMENTS, COUNSEL, AND
ASSIGNMENT OF STAFF; MORE PARTICULARLY BY AMENDING
SECTIONS 2-887 AND 2-892, AND CREATING A NEW DIVISION
AND SECTIONS (TO BE CODIFIED) TO SAID CODE; FURTHER
RESCINDING RESOLUTION NOS. 73-566, 74-1373, 78-271, 89-217,
93-419, 94-183 AND 96-522 IN THEIR ENTIRETY; AND
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
23 10/26/00
11
El
passed on its first reading, by title, at the meeting of September 28, 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. 11982.
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.
24 10/26/00
9. MR. LEROY JONES AND REPRESENTATIVE (S) OF BROTHERS OF THE SAME MIND
ADDRESS COMMISSION CONCERNING DEMOLITION OF APARTMENT BUILDINGS IN
LIBERTY CITY AND CONTRACTS FOR LOCAL BLACK VENDORS IN AREA -- FIRST SOURCE
HIRING OF LOCAL INDIVIDUALS (See #7).
Vice Chainnan Gort: Item 6. Mr. Leroy Jones, you're on.
Leroy Jones: Oh, Lord.
Vice Chairman Gort: You were on before.
Mr. Jones: I know, I know.
Vice Chairman Gort: But you weren't here.
Commissioner Sanchez: You're late.
Vice Chairman Gort: You overslept.
Mr. Jones: The Major just told me. The Major just told me I was late. I'm sorry. I'm so sorry. Good
morning. Leroy Jones, 4055 Northwest 17th Avenue. First, I guess I want to start off by saying that me
and my colleagues, we're not here really to personally attack anybody, or try to bring off any negative
responses or anything. But we are concerned about some things that's happening in our area where we
live at. And I'd also like to thank the Commission, because I know the Commission is working hard to
redevelop the Model City/Liberty City area with some new housing and opportunities for the residents
around there. Our main focus here today is: Who will get the contracts and who will do the work in our
area? Recently, we was just alerted that some contractors was doing some work in our area, and the
residents that live in the area wasn't a part of the process. And we know that they go up for City bid, and
we know who awarded the bid, they get the job, they get to come in, they get to do the work. But
however, we'd like to -- we want to ask the Commission to make sure whoever get the bids, whoever get
the contracts that they would hire local residents to work in that area. And it's sad, because when you ride
around in our area and look at all the destruction. and how bad it looks, and you wonder why, when the
Federal dollars come in that's supposed to redevelop the area. And my -- what I think and what I feel,
growing up in the inner city is that one of the main reasons why is because the people that live around
there not a part of the process. And what I mean when I say it is that it's a lot of young African-American
guys that live in my area that don't work, don't have jobs. And I know people say they don't want to
work, they want to do this, they don't want to do that. But that's not the case. If you don't involve the
people that live in the area to be a part of the process, they won't care about it. They won't care about
how nice the houses look. They won't care about how nice the construction -- how nice the commercial
properties look. They won't care if they're not a part of the process. And what I mean, if people that's
outside the area is able to come in, do the work, get the contracts, make all the money and leave, and the
people that live in the area is not a part of the process, the young guys don't care. They won't -- they
won't appreciate it. Why they won't appreciate it? Because they wasn't a part of the process. But if they
was a part of the process, can you imagine every time -- for example, if they help build a building around
there, every time they pass that building, whoever they're with, they'll mention that. "You know, I helped
build that." And that's something, you know, that's something that affect people, whether you want to
25 10/26/00
believe it or not. You know, it takes a toll if you're not a part of the process. And I'm not going to try to
be long-winded, but I want to make a point, Commissioner.
Vice Chairman Gort: Leroy.
Mr. Jones: Yes, sir.
Vice Chairman Gort: I think your point is well taken.
Mr. Jones: I'm always long-winded.
Vice Chairman Gort: And I think staff is ready to answer, and I think we have some proposals that I think
would help.
Mr. Jones: OK. But I want to -- I want to talk a little bit about the process, the bidding process, and I also
want the City to consider some contractors that we would like to see in our area doing the work, who we
know would be responsible and make sure that the people in the area be provided an. opportunity to work
on these jobs. I recently, from the Procurement Office, I recently picked up some information and I want
to pass out. And I want to say again that I don't know really how the process work, totally. And I want to
also say that I'm not here to try to criticize nobody, or point fingers, or try to make nobody look bad,
because I can be wrong, and it could be a mistake or whatever. So I just want the Commission to know
that that's not our purpose for being here. Our purpose for being here is to make sure that the people that
live in our area and the contractors that will hire the people that live in our area, be a part of the process,
and be a part of -- be a part of making sure that people in our area is provided the opportunity, so that they
can be able to afford these houses that's coming in our area. Because if you don't have a job, I don't care
how cheap the house is, how beautiful the house is, but if you don't have a job, a steady job where you can
pay for the house, what good is it, you know, for the people who need the houses? What good is it if they
can't afford it? I want to talk a little bit about the bid security list. If you look at the bid security list on
the first page, it tells you the contractors, and it tells you the bid, where they're located, minority, non -
minority, female, black, non -minority, Hispanic. And if you look on the second page, the next page, it's
the tabulation of bid. On the first page, where it says TLMC Enterprises, it's a minority. It's a African-
American woman, business owned. She own the business, she's black, so she's a minority. If you look at
the second page, it says for the same company, non -minority. So I can't understand how she can be black,
and how she can be a woman, and on one page, she's a female, and on the next page, she's a non -
minority. So maybe it's a stipulation, or maybe it's a process she's supposed to go through to be classified
as a non -minority, or maybe this just was a mistake of whoever did the paperwork. Maybe I don't
understand. Maybe I'm wrong. And if you look how much she "bidded," she bid a dollar and sixty cents
($1.60) a square foot. And the contractor, Lango, who got the contract, bidded a dollar fifty-nine ($1.59).
And the process was that they would bid on residential one-story frame, residential two-story commercial,
one-story and commercial, two-story. Two of those units that was demolished was three-story units,
which, according to what I'm seeing in this, wasn't a part of the bidding process, because I don't see
where it say three-story residential, because they was residential and not commercial. They was apartment
units. And this doesn't have a three-story residential. So I don't know. Maybe I'm looking at the wrong
thing, or maybe I think the apartment buildings was commercial and not residential, because whoever
owned them was making money. I don't know. I'm just trying to figure out the process. And if I'm
wrong, please correct me. The last thing I want to say, on the last page, where they -- where they placed
26 10/26/00
the vendors in the category in which the bidding process was, and the structure of -- they get first, second
or third. And the same contractor, TLMC that I think should have been secondary, item number one, was
third, because she bidded less than Absolute Demolition, and she was a female and she was black. So
instead of her being third, she was second. So which mean if Lango wasn't able to do the construction,
wasn't able to do the demolition, Absolute would have got the demolition, which TLMC only bidded one
penny more than Lango. And neither one of them is local, but TLMC is closer than Lango as far as --
well, it's not that much off.
(INAUDIBLE COMMENT)
Mr. Jones: OK. Right. It's not a closed net. I'm sorry. But I just wanted to bring that, because that's
what I get out of this. And like I said, I'm not a contractor. And to be honest with you, I know none of
these contractors on here. I recently met one, and that was Dozier & Dozier. They're doing some
projects, 13 interior and exterior projects that we got going through the County. But I'm not here fighting
for -- representing her. I'm here representing the people. And I just want to read off some of the
contractors that we would like to see working in our area. And I'll be brief, and I'll cut off, and I'll be
finished if you don't mind, Commissioner Gort. Dozier and Dozier Construction Company, we would
like to see them in our area doing work. And I know they was a part of the bidding process, and we know
they hire African-Americans. We know they hire low-income people. MC Construction Service, we
would like to see them working in our area. Saturn Construction Company, they didn't put in their bid for
this bidding contract, because although they certified for the School Board, certified for Dade County, you
have to be certified if -- What he was telling me was that you also have to be certified for the City,
although you're certified for everything else. And he thought it was kind of a burden, because it should be
one standard, so that these contractors don't have to be certified for five different things. I don't know.
That's just what -- you know. But we would like -- he said he was working on it, getting certified, and we
would like to see him in our area working. And one more person. MC Jennings is Miles Jennings. They
been a part of the City process for ten years, they told me. And they didn't receive any information about
this bidding process. They not listed in here, and we trying to find out why they wasn't listed in the
process, because they is certified, and they is in the City, to be a part of the process.
Vice Chairman Gort: Hold that now.
Mr. Jones: OK.
Vice Chairman Gort: OK? Now, let me ask you a question. I went by the shopping center on 12th and
54th
Mr. Jones: Yes.
Vice Chairman Gort: And the Winn-Dixie that was built in 12th and 11th. And I think if you look at these
establishments, one of the requirements that we requested as part of working with them is to hire people
within the district and in the neighborhood, because you're right, people need jobs. Now, when it comes
to the bid, I'll let her tell you about it. But I'm sure that the one on 121h and l Ith, if you check, you have at
least 80 to 85 percent local people working there. And I imagine at the shopping center, which
Commissioner Teele pushed so much, has got the same. But when it comes to competitive bid, I'll let her
explain the system. And maybe what we need to do is have the NET (Neighborhood Enhancement Team)
27 10/26/00
Office have enough information there, and you make sure that your people register with our department.
But I'll let Ms. Carter explain to you. OK?
Mr. Jones: Well, we -- Commissioner, we is working with Gwendolyn to make sure that guys in our area
will be able to have opportunity to work. But what I want to say, Commissioner, is that we have to be real
careful because -- and I'll give you a prime example. A couple of years ago, the Urban League was doing
a construction site and was starting on a demolition in the Knight Manor. It's been stopped. But on that
whole job -- and I'm a person like this: I don't care what color it is, who doing the contract, who getting
the work. The Urban League is a black outfit. But on that particular job, it was nobody -- and I ain't
talking about color -- it was nobody that live in that area was working on that site. And that was sad.
Nobody that live around there was working there. And that's what I'm trying to get to, Commissioner,
because --
Vice Chairman Gort: Well, Leroy, Leroy, Leroy, I need to explain, and I need for our department to
explain to you and our Law Department, because I don't know if in bids we can force people to hire
people within the neighborhood. I'm sure we can volunteer and set up some kind of a program where
WAGESS (Work and Gain Economic Self -Sufficiency) can work with individuals where if they need
people they can hire. And we need to provide the list. We need to provide that. So let's listen to Ms.
Carter, and she can answer your questions.
Mr. Jones: Commissioner, we got a 4500 square foot building. You been there. You been there one
Sunday. We invited you.
Vice Chairman Gort: Leroy, I've got to conduct the meeting.
Commissioner Winton: Leroy, let us get -- I can't get any information if you keep talking. I'm ready to
hear what they have to say.
Judy Carter (Director, Purchasing): OK. This is Judy Carter, and I have with me -- each of us will
probably address some of the issues that he's been speaking about, based upon our expertise. The first
thing that I would like to talk about is a little information on the bidding process. Joni Jones is going to
talk a little bit more about the first source hiring agreement that does exist within the City of Miami as it
relates to hiring those individuals who are within the City of Miami. And then, of course, we have Hector,
who will address the issue regarding the residential three-story. First of all, this was not a set-aside. This
was an open, competitive process. It did not require any vendor who was minority or female to be
certified, at all. As long as that vendor was registered in that database, we would mail that particular
vendor a bid. You spoke about a Miles Jennings. I have no idea who that is. That individual is not in the
database. And therefore, if they do not register for us, we would not know them in order to send them a
bid. The others did that you mentioned, did receive a bid. And if I'm not mistaken, they did respond to
the bid. Now, we issued this bid, and the bid was to be awarded to three bidders, the three lowest bidders
by building structure. As you see -- and I'm not sure what he gave you -- we had different building
structures -- one residential, one-story-- oh, so you see it and I don't have to go through that -- and each
particular bidder would be required to bid pursuant to their pricing per structure. Our intent was to award,
pursuant to the Code, the lowest responsive bidder by structure. Our desire was to award three contractors
per structure, in order that through the term of the contract, we can assure ourselves that we would always
have vendors available to meet the urgent need of demolishing buildings when it is requested. We
28 10/26/00
received from -- as a result of issuing a number of bids; we received responses from 11 bidders, which I
consider to be a very competitive process. We normally don't have the privilege of. receiving 11 bids, but
we received 11 bids. Of the 11, there were four blacks. Now, let me explain a little information regarding
TLMC that he spoke to you about. TLMC indicated on the surface or on the document that she responded
to as a female. She did not indicate herself as a black. I have come to find out that she is a female black,
but I didn't know that at the beginning. And so since she indicated herself as a female, we counted her as
a female. But at the end of the day, we received responses from five blacks. Based upon the competitive
process in the method of award, the lowest responsive bidders were the ones that came before this
Commission and we awarded the contract. As you can see, TLMC, who we now know is a black female,
has -- is considered a successful bidder as relates to structure number 2, and she is a successful bidder as it
relates to Structure number L. My understanding from the Building and Zoning Department is that
through the term of this contract -- and this is a contract that is for one year with optional two-year
renewals -- the expectation is that that particular company will be called to do work. But it does require
that we follow the process, and that Lango is the lowest, and when Lango is unavailable to provide the
services when we need it, then we are able to move forward with that particular vendor. And she is a
successful vendor for two of the contract structures that we have. Now, as it relates to the --
Commissioner Winton: Could I ask you a question about that?
Ms. Carter: Yes, yes.
Commissioner Winton: If she would have been recognized as a female black vendor as opposed to just
female, would that have made any difference between the. dollar sixty ($1.60) and the dollar fifty-nine
($1.59)?
Ms. Carter: No, it would not, not at all. It would not have made any difference, because this was a simple
every -day, no set-aside bid. Certification as a black, blue, Anglo, it doesn't mean anything, because we
did not set this aside for any one group or groups. We only allowed -- strike that. We allowed open
competition from everybody. But we do notate the information, because we want you to know. We want
you to know at the end of the day who it is that we are recommending. So that is for informational
purposes, just as we do it as it relates to the locality. OK? Are.there any questions regarding the bidding
process?
Vice Chairman Gort: No.
Ms. Carter: Now, I'd like to have Joni to talk about the first source hiring, because this is, I think, the real
meat of his concern, and that is, "I want to see people that look like the area." Now, we do have a first
source hiring agreement, but that agreement, as Joni is going to explain, only addresses those situations
when that contract intends to have new hires. If they intend to have new hires, first source hiring
agreement doesn't come into effect. So I'm going to allow her to talk a little bit more about that. That
particular department is responsible for administration and compliance of that agreement.
Commissioner Winton: Excuse me. Do you all mind in the front?
Vice Chairman Gort: Ms. Carter --
29 10/26/00
Commissioner Winton: What's his name? What's his name?
Ms. Carter: She doesn't know.
Vice Chairman Gort: Ms. Carter, would you explain the -- where is the sergeant at arms? Would you
explain that the business located within the City of Miami and they're within ten percent?
Ms. Carter: How it works? Yes, yes.
Vice Chairman Gort: I think that's important.
Ms. Carter: OK. That's very important. We do have a local preference law, and that law is very clear.
And what it says is that when a particular vendor has bid an amount that is within ten percent of the lowest
bid amount and that vendor is within the City of Miami, the City of Miami may offer to that vendor that
contract at the low bid amount. OK? Now, the key is, is that they have to be within ten percent of the
lowest bid. If that doesn't occur, that particular law does not even get considered.
Vice Chairman Gort: Thank you. Yes, ma'am.
Joni Jones -Harris (Community Development): Good morning. Joni Jones -Harris from the Department of
Community Development. The Department of Community Development and the Department of
Purchasing are committed to administering and enforcing the first source hiring agreement, which
basically stipulates that City of Miami residents, those that are under -employed, unemployed, and that
come through Work Force Development Division's Employment and Training Program shall be given
first preference in employment opportunities for those companies that are coming in and receiving City
services, grants, bids, et cetera. In this particular instance, Lango Construction was awarded the bid as the
low bidder. And in that agreement, Purchasing always sends out a form. It tells them in the bid document
about the requirement of complying wit the first source hiring agreement.. And in addition, when they
respond to the bid, there is a form, which indicates whether or not they anticipate having any new hires as
a result of being awarded the bid. In this particular instance, Lango indicated that they had two positions,
that they would be hiring two people as a result of this bid. We have requested -- we did request their
records -- our office was in contact with them -- to basically make sure. that they had complied, and to
offer our services to them. They did hire two City residents from the Model City area. We do appreciate,
really, Mr. Jones' appearance here today in trying to advocate on behalf of the community, ,because it
helps us do what we do well. But in this instance, Mr. Lopez has complied with the ordinance. We have
also sat down and met with him to basically reinforce the Commission's and our department's concern
about malting sure that City residents are offered employment opportunities. And he has willingly agreed
to continue to work with us in this vein.
Vice Chairman Gort: Thank you, ma'am. What I'd like to recommend is we have the WAGESS
Program. We've trained a lot of individuals, and I'm sure we have records of individuals that we have
trained, and maybe suggest every time we have a bid and the bidder to try to hire people within the
neighborhood. I think that's very important, throughout the whole City.
Ms. Jones -Harris: We did explain to him that we have programs that could feed people to him, and that
there were also certain incentives and benefits for working with our office, and he was open to that. And
30 10/26/00
0 •
we do that on a customary basis with everyone that we come in contact with that is indicating that they
have new hires.
Vice Chairman Gort: Thank you.
Ms. Carter: Let me say this, too.
Vice Chairman Gort: Yes.
Ms. Carter: Just to show you how committed we are and the commitment of Lango, because he seems to
have gotten a contract since we've had this process and the approval, Mr. Lopez is here today. And he's
here to express to this Commission his intent to take advantage, because. we've made it very clear to him
there is an advantage to utilizing this program in more ways than he probably could have imagined. And
he -- now that he's aware of this office, he has shared with us that his desire is to utilize this particular
office as much as he could. And I'm very happy that he would even come down on this day in order to
speak to the Commission, if you so desire.
Vice Chairman Gort: Great. No. Thank you very much. But I think it's very important that we let
people know all the benefits that they will get from hiring people within the City, because there's a lot of
significant benefits to that. Leroy --
Mr. Jones: I want to say to Mr. Lopez that it's not personal between my organization and what he's trying
to do. And we wasn't trying to stop him from feeding his families, we wasn't. That wasn't our intent. It
wasn't ever personal with him about that. I just hope he understand that and respect that, because I mean
that, sincerely. It's never -- I don't never come here to personally attack nobody. I come here basically on
the issues. But I just want to know -- we're aware that Mr. Lopez did hire two people in the area, but did
he hire them when the job began, or did he hire them when -- the demonstration. I mean, because that --
and that's important, Commissioner. It's important.
Vice Chairman Gort: Leroy, Leroy, Leroy, Leroy, at this time, what I'd like to do -- we have a lot of
things on the agenda. You get together with the department. They'll talk to you, they'll let you know.
And we appreciate the work you do and we'll continue to work with you.
Mr. Jones: Commissioner I --
Vice Chairman Gort: Leroy, I have other items to take up.
Mr. Jones: I know, Commissioner. But, see, when I -- you know, I'm not finished rebutting what she
said, because it's still some things that's not explained. It's not explained why TLMC was third place.
Vice Chairman Gort: But Leroy, here's -- Leroy, here's what I'd like to do: For you to get to the
department, let's see if they can explain it to you, and I'll bring you back later. But I have other time
certain items, and I'm giving you a lot of time. You get together with them and come back. I'll bring you
back. OK?
Mr. Jones: All right.
31 10/26/00
Vice Chairman Gort: If they don't answer your questions, I'll bring you back.
Mr. Jones: All right.
Vice Chairman Gort: All right?
Mr. Jones: All right.
Vice Chairman Gort: Thank you.
32 10/26/00
10. STATEMENT BY COMMISSIONER REGALADO CONCERNING BALLOT MISTAKE OF
NOVEMBER CHARTER AMENDMENT TO BE DISCUSSED UPON ARRIVAL OF SUPERVISOR
OF ELECTIONS DAVID LEAHY (See #13).
Vice Chairman Gort: We have an item certain.
Commissioner Regalado: Mr. Chairman, a question. When are we going go address the issue of the ballot
mistake? I understand that Mr. Leahy will be here at 11:00 to talk about the districting, so --
Vice Chairman Gort: As soon as he gets here, we'll take it up.
Commissioner Regalado: OK. Because I really -- I need to leave at 11:45, so --
Vice Chairman Gort: OK.
Commissioner Regalado: -- I would really ask to do this at 11, if possible.
33 10/26/00
Vice Chairman Gort: Which item is --
Carlos Gimenez (City Manager): We'd like to take up item number 11.
Vice Chairman Gort: Eleven.
Lori Billberry (Director, Asset Management): Lori Billberry, Director of Asset Management. Before you
today is a lease agreement with the Overtown Youth Center, a non-profit corporation. I have distributed a
revised resolution, which corrects the lease area to approximately 57,316 square feet. And there is also a
modified legal description attached to that, too. This is part of a donation to the City where Overtown
Youth Center will construct a building of approximately 17,000 square feet to provide educational and
recreational activities in the Overtown -- primarily serving the Overtown area. Pursuant to an exemption
in 29B of the Charter, for projects that. are implementing projects under the Florida Community
Redevelopment Act of 1969, this is exempt from the competitive bidding process. This is for a five-year
term with five five-year options.
Commissioner Winton: And I understand that one of the initial problems with this, Commissioner Teele's
concern was that there wasn't necessarily a mechanism for providing long-term maintenance for the
project, which is now addressed; is that not correct?
Ms. Billberry: In the lease agreement, the tenant will be responsible for providing all maintenance. This
is basically a triple net agreement, where they are responsible for all utilities. There is one lot that is --
there are certain conditions precedent to this lease taking effect. There is one lot that is currently owned
by the CRA (Community Redevelopment Agency) that we have asked for them to re -convey back to the
City, and it will have to go before the CRA Board to do that.
Commissioner Winton: And Commissioner Teele's on board with this whole process now?
Ms. Billberry: I haven't discussed this with him recently. To the best of my knowledge, he was not -- he
was not against the project. He asked us to do the management agreement before --
Commissioner Winton: Right.
Ms. Billberry: -- and supported that in the past. So I believe he's still in favor of the project.
Commissioner Winton: I'll move it.
Vice Chairman Gort: It's been moved. Is there a second?
34 10/26/00
11
Commissioner Sanchez: Second.
•.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Winton, who moved for its adoption:
RESOLUTION NO. 00-926
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT (THE "AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH OVERTOWN
YOUTH CENTER, INC., A NON-PROFIT CORPORATION, FOR THE
LEASING OF APPROXIMATELY 57,316 SQUARE FEET. OF
PROPERTY LOCATED AT APPROXIMATELY 1360 NORTHWEST
3' AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF
PROVIDING PUBLIC EDUCAIONAL AND RECREATIONAL
OPPORTUNITIES, AT NO COST, TO INNER CITY YOUTH AND
THEIR FAMILIES, WITH AN INITIAL TERM OF FIVE YEARS;
PROVIDING FOR AN ANNUAL TERM OF FIVE YEARS;
PROVIDING FOR AN ANNUAL RENT OF $1.00; WITH TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN .THE
AGREEMENT.
(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.
35 10/26/00
0 •
12. (A) APPROVE SITE PLAN FOR CHILDREN'S MUSEUM ON WATSON ISLAND;
DIRECT MANAGER TO NEGOTIATE INTERLOCAL AGREEMENT WITH MIAMI SPORTS AND
EXHIBITION AUTHORITY AND BRING BACK PROPOSED NEGOTIATED DOCUMENTS (See #6
and 15).
(B) APPROVE SITE PLAN FOR LOCATION OF AVIATION AND VISITORS CENTER
ON WATSON ISLAND.
(C) DISCUSS WATERFRONT PRIORITIES.
Vice Chairman Gort: Item 4A and 4B. What are these items?
Commissioner Sanchez: Four -A is discussion concerning future development on Watson Island. If we
could take that item up, and also, take 5B following.
Note for the Record: Commissioner Teele issued a memo to the Commission explaining that he
would be late for the Commission meeting.
Vice Chairman Gort: I want to read a memo just distributed from Commissioner Teele's office: Due to
unforeseen circumstances, I will be late attending City Commission meeting. Please accept my apologies.
I will see you shortly.
Dena Bianchino (Assistant City Manager): Good morning, Members of the Commission. This is Dena
Bianchino, Assistant City Manager for Planning and Development. We're here today to walk you through
what's happening on Watson Island and to bring, to you certain policy considerations that we need
guidance on in order to move forward with the island. Before I get started on this, I'd like to recognize
staff that was involved in this presentation. Diane Johnson, Arleen Weintraub and Clarence Woods put
together the presentation you're going to see. They did a great job. And I also wanted to introduce to you
a team that the City Manager has put together. Based on your concerns of the last Commission meeting
about development proceeding in the City at a quicker pace, we have put together a group of people who
will be focused solely on doing these RFP's (Requests for Proposals) and getting these projects done.
Three of the team members are here: Javier Carbonell, Madeline Valdez and Alex Chong, who are sitting
right here. So.
Vice Chairman Gort: So they're the ones we've got to.look to if there's --
Ms. Bianchino: Absolutely.
Vice Chairman Gort: OK.
Commissioner Regalado: Excuse me. Dena, what waterfront properties are we talking about? What are
the priorities, one, two, three, four?
Ms. Bianchino: Commissioner if I might ask, could I go through this with you first, and then I can focus
back on --
36 10/26/00
Commissioner Regalado: No. I would rather know what does Administration have in mind. You're
going to do Watson Island now, and it has to do with the museum. But what are the waterfront properties
that the Administration considers priority to develop?
Ms. Bianchino: There are three. Watson Island is the easiest to do and the fastest, although it is subject to
referendum, which we'll get into. Coconut Grove Convention Center and possibly the Virginia Key
Marine Stadium site, those are our priorities.
Commissioner Regalado: OK.
Ms. Bianchino: All right. The objective of today's presentation to you is to provide a status report on
Watson Island Projects, to discuss the Miami Children's Museum Project, to discuss the Aviation and
Visitors Center Project, to provide a description to you of the northwest quadrant of the island, which we
are coming back to you on Item 4B to issue an RFP on, and to obtain your direction on the next steps for
Watson Island Projects. What I would request, if possible, if we'd like to go through the presentation, and
then come back to you with questions, answers and policy decisions that we're going to be asking you
about. I'd like to have Arleen Weintraub give you some background of what's happened, what's going
on, because a lot has happened on the island that we -- everybody doesn't know about. We're going to
talk about zoning, the different project areas, the infrastructure, which has been put in place on the island,
which is significant and upcoming projects that are on the boards or will be soon. So Arleen.
Arleen Weintraub (Acting Director, Real Estate & Economic Development): Thank you. Good morning.
I'm Arleen Weintraub, the Acting Director of the Department of Real Estate and Economic Development.
Watson Island is an 88 -acre spoil island that was deeded to the City in 1949. It is zoned parks and
recreation, with the exception of about ten percent that is zoned Cl. The existing conditions on the island
-- as we all know, there have been many projects that have not moved forward, but the Parrot Jungle
Garden on the east side, the northeast side of the island, takes approximately 18 acres. There is the two
yacht clubs under lease on the north and the south, the Miami Yacht Club and the Outboard Club -- excuse
me. And there is a public boat ramp that lies between the middle and provides public recreation, open
space to many, many boat users in our community. On the west side of the island, there is the existing
helicopter area, there is the public open space that surrounds that, there is to the north and west -- what we
call the northwest quadrant -- the shaded area is C I zoned. That parcel is grassy and open today. There is
an existing bait and tackle shop and fueling facility just to the south of the existing marina. And there is
the seaplane operations, Chalks. The project areas that we're really going to be speaking about today
include Parrot Jungle and Gardens, very briefly; some work that we've done and completed; some good
improvements related to the boat ramp; and then moving to the northwest quadrant area, which is a
possible upcoming unified development project process; the location of the Children's Museum, as we
were instructed a couple of months ago to take a look at the island and come back with a recommended
location; and then the western edge there, where it curves, the location of the Greater Miami Convention
Bureau, along with a combined Aviation Center that brings together seaplanes, helicopters, terminal space
and the headquarters for the Convention Bureau. The purple area is indicated as a possible consolidated
surface parking area so that we don't find ourselves with a sea of parking spread throughout Watson
Island, but, in fact, have consolidated and shared use of such an area. That is all open space today. And
then the southernmost part, the open area, the green area is the area opposite, of course, Dodge Island, and
has been the subject of discussion for possible port expansion. Completed projects include new water and
sewer lines that were completed in 1998, funded by City of Miami general obligation bond funds at a cost
37 10/26/00
of three point one million dollars ($3.1 million). Public boat ramp improvements and new access roads.
The public boat ramp improvements were completed in March of this year, and that, the total amount
spent was two hundred and forty-two thousand, at no cost to the City. Fifty percent came from the Florida
Inland Navigation District in the form of a grant, which was matched by our Safe Neighborhood Park
Bond Program. New access roads were also completed on the island, and that was the year before, at a
cost of two million dollars ($2,000,000), funded 100 percent by the Florida Department of Transportation.
This now provides easy and safe access off the McArthur Causeway, and has eliminated that very
dangerous intersection along the causeway where people would tend to back up. Upcoming projects --
and we'll show you in a little bit more detail. I'm just going to list them for now -- is the north side
circulation road to complete some roadwork, some boat ramp parking improvements, Parrot Jungle and
Gardens of Watson Island, the Miami Children's Museum and the Aviation and Visitors Center area. This
is a picture of the north side circulation road that will complete the access road I just showed you. We
received a four hundred and thirty-two thousand dollar ($432,000) grant from the Federal Economic
Development Administration, primarily because of the number of jobs that Parrot Jungle is going to be
bringing to the island, and that number, over its built -out time, is approximately 600 new jobs. The road,
as you can see today, certainly needs improvement, but it truncates from the new road, and this will be
new pavement, landscape, lighting, et cetera, that will provide access to the boat ramp that you see in the
back, the Miami Yacht Club, where this is taken from, and to the entrance of Parrot Jungle. Boat ramp
parking. While we have a great new public boat ramp, the water site improvements are complete, and I'd
like to also mention that we're being used as a model for the State of Florida for that project in the
alternative materials that we use, which are long-term --.they have a very long life, and they're fully
handicap accessible, and they're also quite vivid, this bright yellow. But the boat ramp parking, the
upland, very heavily used, busy, very disorganized. And we received an additional grant this summer
from the Florida Inland Navigation District to put a hundred and fifty thousand dollars ($150,000) to pave
this area, and that is also being matched by Park Neighborhood bonds with another hundred and fifty
thousand, for another three hundred thousand dollar ($300,000) improvement coming up. Parrot Jungle
and Gardens, as you are well aware, took possession of the Watson Island property on October 1St. That
also commenced the rent payment, and that kicked off the first year of construction. The project is
expected --
Vice Chairman Gort: Arleen.
Ms. Weintraub: Yes.
Vice Chairman Gort: Did we get the check? I know it was in the mail.
Ms. Weintraub: We actually get the check the very last day of the first year while they're in construction,
but it will be this fiscal year, and that's two hundred thousand each year while under construction. They'll
be under construction two years, so that leaves us -- two years from now, we expect a grand opening of
the project. The Miami. Children's Museum, what we're showing you in red,, is our recommended
location. And this is on the west side of the island, and that is just off our new access road. And we're
looking westward back to the City of Miami skyline. I will show you this in more detail. This is a
rendering of the Miami Children's Museum concept, and this is a.close-up of the museum area. We've
done quite a bit of site planning to try to properly organize and provide appropriate access to all the
different proposed projects, so that they certainly fit well, and we continue to have the right roadway
systems, traffic circulation, transportation, et cetera. We've also hired a traffic consultant who has
38 10/26/00
0
reported that our new roadway systems will accommodate our proposed projects. The Children's Museum
site, the footprint of the building is about one acre. When you add the appropriate bus drop-off, parking,
unloading and so forth, so that the school buses can bring the children safely in and out, you're at about
one point five acres. But we think it flows quite well. You can also cross to where we propose to build
surface parking. There are some policy decisions that at the end of this presentation, we will be returning
for further guidance and clarification from the Commission. I wanted to bring out that the impact of
placing the museum on the Watson Island parcel has diminished the upland of what we're calling our
future unified development project area, but it does not interfere with our commercial zoning. We're
looking today to hopefully leave with an approval of our recommended parcel that we did identify at your
direction on the island. The acreage I went through, which is a one -acre footprint with circulation at about
one and a half acres. Weare seeking a confirmation of the availability of funds for construction. We're
well aware of a lot of their grants and so forth that are coming, but we are asking for, of course, evidence
and timing of that. We will be seeking direction regarding rent payments and/or payment in lieu of taxes,
as we proceed to negotiate the legal documents with the museum. This is the current site; a view of what
will be, we hope, the upcoming location of the Aviation Regional Visitors Bureau Center. This is the
building of Chalks. This is the proposed -- wait, slow down -- the proposed rendering -- if you could go
back, that's really quite a nice rendering. The rendering done by our architects, (unintelligible) who are
under contract, were competitively selected, along with aviation specialists, Recando (unintelligible) and
Associates. This is their schematic of what our building could look like. And I will mention that it's
already been award winning from the American Institute of Architects as a project proposed but yet to be
built. That would take the place of what I showed you formally. This is now zooming in on the location.
This five point six acre parcel, as you can see, includes the building in pink. Adjacent are the seaplanes
which incorporates the existing location of the seaplane ramp, and then adjacent, moving the helicopters
from the upland to a waterside location, which FDOT (Florida Department of Transportation) is very
much in favor of. I wanted to point out that the acreage as originally approved by this City Commission
remains the same, which is five point six acres, was also approved by the State of Florida I should
mention. I wanted to confirm the location today, so we can also get underway with some survey work of
that five point six acres. We had sketched it out formally, buthad not surveyed it. There are discussions
underway with the bureau that we are asking them to consider assuming the potential construction cost
overrun, if any. There has been a delay for a number of reasons with the construction of this project, and
labor costs and materials have risen. Florida Department of Transportation has already told us that within
reason, they are ready to step to the plate and pay 50 percent of those increased costs because of time.
We're also discussing, along with that same issue, for them to be able to control costs that we are looking
at, having them serve as construction manager. We are also in discussion with Department of
Transportation attorneys. Our Law Department's checking all our grant agreements, and there does not
seem to be any reason that we couldn't do this.
Vice Chairman Gort: Thank you.
Ms. Bianchino: Thank you, Arleen. Commissioners, one of the major reasons we are here before you
today is for consideration of item 413, which is the declaration of the UDP (Unified Development Plan)
area. This is the northwest quadrant of Watson Island. The upland area is approximately ten point eight
acres. The majority of that land is zoned for Cl, while the rest of the island is PR, so there's a good
opportunity there. There would be 14 acres of submerged land that we would put out as part of the RFP
for a mega yacht marina. This is the site as you see it today. Obviously, a severely underutilized
waterfront property that has nothing to bring anyone to it. It also has a marina. I don't think I need to talk
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about the condition of the bulkhead, the wiring, the unsafe situation, which exists there. We do
understand that people are operating businesses there, and we will work with them on relocation, so that
they can continue to operate their businesses. But this is an area where we would find the mega yacht
marina in the RFP. We have a vision for this project. Watson Island is one of the most spectacular
parcels of land in the United States. We want to create a world-class waterfront development, and we
want to enhance public access to the water, and also, at the same time, maximize the value of this very
unique asset. I will tell you that there are not many cities around, that have something like this to deal
with. We've been looking at other cities that .have done waterfronts. Long Beach has been very
successful, Baltimore, San Diego. Chicago has in incredible waterfront. Boston does, as well. And so we
want you to know that we're looking all over to make sure we get the finest the project we can. The issue
that sort of complicates Watson Island is that we have a deed restriction on the land that says that it must
be used for public purpose. So our goal is to achieve what I would call a very delicate balance between a
commercial use, while still affording the public the opportunity to enjoy the project. And we have been
through this before on Parrot Jungle. We got waivers of deeds for the aviation facility. This one is going
to be a little bit more complicated, because it's zoned Cl, so you're going to get more commercial interest
in there. But we're going next month to bring you an RFP, which we think will deal with those things.
Just briefly, the constraints on the site, which we need to recognize are the deed restriction and that, we
need a State waiver, which we have been granted previously. We need a referendum on this property by
Charter, so that our intention would be to bring the selected developer selected by the City Commission to
the November 2001 election. Obviously, the developer will require a MUSP (Major Use Special Permit)
and other zoning things. There will be environmental permitting for the marina, and a potential
development of regional impact. Now, because of our public purpose issue, and because Cl zoning is
very broad and allows for uses like used car lots, and mortuaries, and things that we certainly don't want
on Watson Island, we will be restricting the uses in the RFP. They will be restricted to marina and marine
facilities. Commissioners, so you know, we've done a preliminary estimate on the cost of that mega yacht
marina, and it's about sixteen or seventeen million dollars ($17,000,000) that we would be expecting a
developer to invest. Obviously, recreation would be allowed, entertainment, entertainment destinations. I
would use the word, "theme park," but I want to use it in a manner that's a -- a quality theme park, shall I
say? A hotel would be --
Ms. Bianchino: What?
Commissioner Winton: What's that?
Ms. Bianchino: Well, I don't know. Parrot Jungle. Cultural and education facilities, again, if someone
wanted -- a developer wanted to incorporate a museum into their project, a convention, small convention
center, that would be allowed. Obviously, retail and then office, but only as an ancillary use. No one can
build an office building on this island for their use. We've been looking again, as I told you, at other
cities. I just wanted to give you some visions of what other cities have done. You notice the wide
walkway, the green areas, the rip -rap looks great. There's boats, easy access to the boats. This is, you
know, one idea of what a project could look like there. This is from Long Beach, which did an incredible
job on their waterfront. This also gives you just a sense of the walkway and the scale of the buildings.
They're not overwhelming. They're not huge. It's a comfortable environment. This is the same project.
I just wanted to show you the kind of work, because of the tall building and the relationship to downtown
Miami that this project will have, and also the marina slips. And then this is a mega yacht marina,
40 10/26/00
happened to be located on the Riviera. These ships, or vessels or whatever we want to call them are
between 80 and 120 feet in length.
Vice Chairman Gort: I think we need to go there and look at it to make sure it's --
Ms. Bianchino: The trip is scheduled for next week. Obviously, this is very high end. It can generate a
tremendous amount of money for the City. There have been a number of articles written, and we've been
following this, that the Fort Lauderdale mega yacht capacity is finished. They are full. Miami needs a
mega yacht marina. We don't have one. This could be agreat economic development engine for our river
properties, all the marine supply and businesses along the river. So we're very high on this one. This is
jut a possible marina configuration, only to show you that we've looked at it, and we know that it can
happen. That's the key element for that. The next steps. We need you today to approve Item 4B on the
agenda, which sets out the UDP area, which is required -- is the first step required in our Charter. We will
come back to you then, if you so approve, with an RFP at our next meeting, which would be in November.
We would hope to issue the RFP very quickly thereafter. And as I mentioned previously, that the -- it
would be subject to the referendum. There is land remaining, and I want to talk to you about this, because
this is the site of the potential port expansion. And I think everybody needs to understand this. It's about
-- it's about seven acres. It's zoned parks and recreation. It looks like that. And if the Commission chose,
it could do several different things with that site. We could either continue talking to the port and we --
they have indicated to us that they would be coming back around Thanksgiving to talk to us again. If we
were to issue an RFP, these are the lists of uses. I'm not going to read them all to you. They are not as
intense as C1, but it could become a very nice little project area with a lot of open space. I might add also
that this site, in our view, from a planning point of view, is an ideal location for the science museum. If
you think about the synergy of what's going on in this island, the Children's Museum, Parrot Jungle, this
site would be a great site for that museum. Obviously, there are policy issues that have to be considered,
and there is an issue of how much museums can pay for rent and all those sorts of things. But I just
wanted to make you aware that that could happen. And if you directed us, we could put out another RFP
for that property. Just briefly, this is the possible port expansion to mega cruise ships, to terminals, lots of
cars, significant rent to the City if it were ever brought to fruition, which I don't know if it's going to
happen. Now that we -- Basically, what I'd like to do at this moment is go back with you and go over the
policy issues that we need your direction on for today. I think that Arleen has already -- we're going to
talk about the Children's Museum for a minute. Arleen already mentioned to you that by putting the
Children's Museum on Watson Island, we have cut down the amount of land that can be put out in an
RFP, but that's -- it's an acre and a half, and that's a policy decision that was made. We showed you the
location. It is directly adjacent to the MacArthur Causeway. We tried not to put it on prime waterfront
property. I think it's a good location. The Commission had stated that it wanted the museum to only take
up one acre, but we want you to know that the building footprint, itself, is an acre, and that the ancillary
transportation and issues take up another half an acre, just to make it work. The key issue today, I believe,
is your direction on whether the museum needs to pay rent. We have already told them that they must pay
the City a payment in lieu of taxes. We are not doing any more deals without a PILOT (Payment in Lieu
of Taxes). We've been ripped off in the past, and we're not going to do it again. So I need direction from
you as to whether you want us to charge rent. If you do so, we would like your permission to come back
with you in November, because we'd like to look at what other cities do with museums, get an
understanding of rent. I'm not prepared to tell you today that it's twenty dollars ($20) a foot, or fifty
dollars ($50) a foot or --
41 10/26/00
0 •
Vice Chairman Gort: I'd like to say something.
Commissioner Sanchez: Commissioner Regalado.
Commissioner Regalado: I think that what you're saying makes sense, the fact that we have to make
decisions, and the fact that that area will be limited to several purposes, one of them entertainment, for
instance, and that we are going to be issuing an RFP for commercial ventures. Watson Island belongs to
the people of Miami, and even outside of the City of Miami, there are people that feel very strongly about,
you know, water, and parks, and waterfront. And I'm sure that a lot of people will be here as we go
forward with this process. I think that there is no one in South Florida -- for that matter, in the United
States -- that opposes the Children's Museum. That's something that this community is crying for. That's
something that this community needs, because the children don't have any place to go in the City of
Miami, and for that matter, in Miami -Dade County. They have to go to either Broward, to other areas.
And the fact that we are getting some rent for a huge area, which will be Parrot Jungle, will be -- that will
be a commercial venture. You'll have to pay to get in. It leaves us, I think, with the alternative of not
charging rent to the museum. And the reason is very simple. If you are going to charge rent to the
Children's Museum, you're talking about one acre and a half. So you will have to use, more or less, the
Watson -- the Parrot Jungle/Watson Island scenario in terms of rental for 16 acres.
Ms. Bianchino: Commissioner, actually, that would not be the case.
Commissioner Regalado: Why not?
Ms. Bianchino: Because this is a non-profit organization.
Commissioner Regalado: Exactly. But that's what I'm saying. That's what I'm saying. If we're going to
measure -- if we are going to measure by acreage, we have to look at what Parrot Jungle pays for this
prime --
Commissioner Winton: Parrot Jungle is a for-profit entity. That's the difference here.
Commissioner Regalado: I understand that, and this is where I'm coming from. Where I'm coming from
is that there is no comparison, at all, that you cannot compare anything in Watson Island to the Children's
Museum. How you -- Are you going to say, "Well, you know, you're going to pay me one hundred
dollars ($100) a month," or "You're going to pay me three thousand dollars ($3,000) a month." There is
no comparison, at all, with other entities, because all the other entities will be private and for profit. That
museum will serve the purpose of the City of Miami. And the only thing that I would request is that that
museum will have available tours and programs for children that are attending the parks of the City of
Miami, especially the inner city children. All the children attending the summer programs, the parks of
Miami will have access and participates in programs in the museum. I would request that, because we are
giving the museum a piece of the diamond jewel of the City of Miami. And in return, we cannot ask for a
hundred, or two thousand or three thousand dollars ($3,000), because it doesn't make sense. But we do
need for them to understand that they have to provide attention and programs to the children of Miami.
That's my opinion. And the rest of the Commission will say, I'm sure, what they think.
Vice Chairman Gort: Thank you. Commissioner Sanchez.
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Commissioner Sanchez: Mr. Chairman, thank you. First of all, I want to commend the City staff for the
presentation. And I realize that this is one of the many projects that along.the way has had a bumpy ride
with all the instability that we've had. But I want to share one thing that was made very clear by the
presentation, is that we have to maximize the value that goes in that property. And I'm glad that some of
the examples that you used were positive examples throughout the sOtates where we have -- must utilize
that property to be able to comfort a lot of things. And I'm glad to see that we meet all the UDP's which -
- entertainment and the following categories that fall in. Now, the Youth Museum, for one, is a project
that I have carried the flag with, because it started in my district even before I was Commissioner. I was
president of the homeowners. And through the art of compromising between homeowners and many long
battles, and many long meetings, and the support of the Administration and this Commission, we've been
able to find a place that will be suitable for them, that falls into the surrounding environment, and will
provide not only services to the community, but to everyone that visits us. If you look at the piece of land
that we have, we're talking how many acres? Eighty, eighty-eight acres? Eighty -some acres. One of the
things that I brought out the last time that we discussed this -- and I was caught off guard by not being
well informed of all the development that was going on, and 1 think this Commission was caught off guard
by not knowing all the development that was going on -- we're not capitalizing on what I consider to be
the marine industry, the mega yacht industry. We're losing millions and millions of dollars to Fort
Lauderdale, which is just up a couple of hours, and these mega boats are going up there, and we're not
capitalizing on that. What we need to do is find ways to be creative, and capitalize, so we can bring in the
dire need of recurring revenue. That recurring revenue keeps coming back; because that's what's going to
get this City heading -- you know, get some wind in our sails. Now, on the Youth Museum, today, we're
going to have to make a decision. First of all, I'm prepared to move 413 and support it. But I want to
make sure that we do address how we're going to do this. I want to make sure that the museum -- we have
a -- that we do come to a negotiation, and we're going to need an interlocal agreement. Is that correct?
Ms. Bianchino: Yes. We're going to need an interlocal agreement with MSEA (Miami Sports and
Exhibition Authority). They will then have a lease, and we need to sit down with them. I wanted to add
one thing on that issue. We have not seen the museum's budget yet, nor have we seen evidence of their
ability to finance this project. And Commissioner Regalado, I just wanted to let you know that they have
major corporate sponsors involved in here. You might have read it in the newspaper, Publix, other pretty
big organizations. The decision --
Commissioner Regalado: I'm sure, because I've seen a statement, and I've seen it printed, and made
directly to me by Mr. Norman Braman that they --.if the City agrees, that they will commit in writing to
have all the funding for the construction. And as a matter of fact, they say that they have the funding
available already for immediate construction.
Ms. Bianchino: All right. All I'm saying is we have not yet seen evidence of that. The direction we need
from you today is whether you would like us to sit down with them and talk about what possible rent there
might be.
Commissioner Sanchez: Willy, Willy, if I could finish?
Vice Chairman Gort: Wait a minute. Let --
43 10/26/00
Commissioner Sanchez: I haven't finished.
Ms. Bianchino: Sorry.
Vice Chairman Gort: Commissioner Sanchez has the floor.
Commissioner Sanchez: I have not finished. I know you need the direction of this Commission to sit
down and, first of all, come up with a rent, which I'm telling you, at least in the two years and a half that
I've been here, I have never and will never support another one dollar ($1), 99 -year deal. Those days are
over. The gravy train has stopped, at least on this Commission when it comes here. They're going to
have to pay rent. They're going to have to pay a reasonable rent. I know they're a non-profit
organization. I know they will provide a good service to the community. I think that it's in the best
interest of the Administration to sit down with them and come to a "compromise -able" agreement where
they will provide community service. They do provide a good service, but they will have to 1pay rent. I
don't know exactly what that rent is. I would like to see in the ballpark of a thousand dollars ($1,000) a
month, maybe a thousand, five hundred a month, or whatever, the Administration thinks is acceptable to
them. Now, you have to understand they do have the funding in Tallahassee. They have seven some
million dollars that they have. So they have the funds to build a nice structure, a nice thing, a nice
development that's going to benefit that big development as a whole piece. So we are looking to that. I
am willing right now to direct the City Administration -- one is to come to an agreement on an interlocal
agreement.
Commissioner Winton: Do we all get to make some comments here?
Commissioner Sanchez: Yes, yes. This is just the recommendation I'm making, Johnny. One is that I'd
like to see an interlocal agreement between the City of Miami and the Miami Children's Youth Museum
on Watson Island, a development agreement that needs to come forth, and then to come back with
recommendations of what they should pay for rent. Now, I do want to -- you know, state that they are a
non-profit organization. I don't want you to come back and say five thousand dollars ($5,000) a month,
you know, because that's not going to be reasonable. And that's basically it. I will not support the..one-
dollar ($1) a year, so forget that. I know that was talked about. I don't think I will support it, and I don't
think my colleagues either will supportthat anymore. But I think it's -- if we.need to support the plan, get
the ball rolling, you know, we -- we have been criticized for being basically the Commission that creates
committees, and we have not been able to accomplish something. I think this is expediting a process that
maybe by now development should have been going on out there. But, of course, we need to be very
careful, so we do it right. So I am prepared to move 4B when the appropriate time comes.
Vice Chairman Gort: Thank you. Commissioner Winton.
Commissioner Winton: I have a whole number of issues here. One is an initial comment on aesthetics of
the island. And Dena, you hit on it, but I want to make sure that we stay very focused on this, because you
couldn't tell it from the spacing diagrams that we had on the island, but how we design and the amount of
space we dedicate to public space for this entire project is absolutely crucial. We really have to -- we have
a great, great opportunity to create just a magnificent attraction on that island if we doitright. And if we
don't have really super landscaping, wide sidewalks, direct access to the water, fabulous view corridors,
whether you're driving on the expressway, or whether you're a tourist, or whether you're a resident
44 10/26/00
0 •
walking, picnicking, roller-blading, riding your bicycle around there, those are all crucial issues. So I'm
glad that you brought that point up, and I just want to stress from my viewpoint how important I think that
is. The mega yacht marina, you said that the soonest we could really get something going is going to be
tied to our ability to make public -referendum next November. What does it cost to do a special election?
Ms. Bianchino: Wait.
Commissioner Winton: How much?
Ms. Bianchino: Commissioner, it's now allowed by Charter. The Charter states that it has to be
considered at a regularly schedule election.
Commissioner Winton: Well that settles that issue then. So that the next item, so end of that. Children's
Museum. I have to echo Commissioner Sanchez' point about rent payment. However, I think I would
approach this from a little different viewpoint. Dena, you suggested that City staff could go out, and by
the next Commission meeting, or Commission meeting, first Commission meeting in November, bring
back to us information in terms of how other cities deal with museums on public property. And I think
that's very important, because how we treat the Children's Museum is going to set a policy question in
terms of how we treat all the rest of the museums that are all looking for City land to do all their new
redevelopment. And so this is a policy issue that's very, very important. And I. don't have a
predetermined rental rate. I would really like to understand how the rest of the country deals with this
issue, arm us with that information, then allow us to make a decision, one way or another. So -- and the
Children's Museum is in a hurry, so we need to get that information back as soon as you can. So I would
recommend that City staff, in fact, do that study and bring that. information back to us at some specific
drop dead date, and I need your help in picking that date.
Ms. Bianchino: I believe --
Vice Chairman Gort: Thank you, Johnny.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Winton: And I have two more comments.
Commissioner Regalado: Oh.
Vice Chairman Gort: Oh, I'm sorry. Go ahead. I thought you were finished. Sorry. Go ahead.
Commissioner Winton: Go ahead, go ahead.
Commissioner Regalado: I was going go suggest -- I'm sorry, Johnny. I was going to suggest that after
Commissioner Winton finishes -- Mr. David Leahy is here -- if we can address the issue that we need to
do, and then continue with the museum issue.
45 10/26/00
Commissioner Winton: The next point is on the Greater Miami Visitors and Conventions Bureau Project.
And I think that that project has been on the drawing boards for way too long now. We need to get that
project done, using the same criteria here relative to public space and access, and all those things, although
I think I saw it in the design, but my eyesight is not good enough. It seems to me that there was a big -- a
big view corridor going through underneath the building that I thought was pretty neat. Is that what I
saw?
Ms. Bianchino: That is absolutely correct.
Commissioner Winton: OK. So I guess we need some specific-- if you need specific instruction from us
in terms of what we need to do to get this project fast -tracked and get it done, then tell me what that is, so
that I can move that forward. And the last point is that both the Children's Museum, which we're all in
favor of, and the Greater Miami Visitors and Conventions Bureau, which we're in favor of, both of those,
the vehicle that we're going to use to allow that.to happen is through MSEA. So we need to get -- staff
needs to get this issue on the MSEA board meeting posthaste so that we can take this issue up.
Vice Chairman Gort: Thank you. I think it's very important, the landscaping. If you look at some of the
neighborhoods, like the northeast, Coconut Grove, Coral Way, the trees make the difference in all those
neighborhoods. So landscaping is something that we need under the open areas. Number two is I also
would like to know what are we going to do -- because when I first came here in Miami, Pier 5 Was the
greatest tourist attraction we used to have. I think that can still be a very good tourist attraction. I mean,
people love to go fishing. People love to come to Miami to go fishing, and we used to provide that all the
time. So I want to make sure that we know what we're going to do with the existing facility that's being
used. What are we going to do with those individuals? At the same time, this has become a fresh market
for seafood and so on, and we would like to keep that. I think it would be very important. What I'd like
to do is for you to come with all those -- I think Commissioner Regalado asked me, you'd like to take the -
- I think we can take the motion right now. I agree with my colleagues that one -dollar ($1) a year does not
exist anymore. And the most important thing that I'd like is -- and I always stated this from the beginning
-- Bayfront Park, it's a great park, it's a beautiful park, but we also have in there what is called the
Bayside. Bayside produces around three million dollars ($3,000,000) a year for the City.
Ms. Bianchino: It's about a million and a half.
Vice Chairman Gort: A million and a half. It produces a million and a half for the City. And this is what
I'd like to see, a combination of the both, the private sector with the public sector together. And this is
what's going to make it successful. I think 413, Commissioner, we can make a motion on that and -- wait,
wait. Public hearing then -- we'll have to wait.
Commissioner Sanchez: Well, I believe she wants to state something for us.
Ms. Bianchino: Yeah. We don't have to wait on two issues that -- 4B is a public hearing, by law. But on
-- if you could pass a motion approving the location of both the Children's Museum and the Visitors
Center, then we would be able to move forward on those.
46 10/26/00
Commissioner Sanchez: Mr. Chairman, a motion approving the site plan for the Miami Children's
Museum on Watson Island, and to support and negotiate an interlocal agreement and come back with a
sub -lease, with an amount to this Commission. So move.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded.
Commissioner Winton: Now, are you including the -- we also want to include in the same resolution the
site plan for the Greater Miami Visitors and Conventions Bureau. Is that what you have?
Ms. Bianchino: That would be fine, without the same -- without the conditions that he -- that would be
fine.
Commissioner Winton: Well, should we make it two separate --
Ms. Bianchino: Separate.
Commissioner Winton: Two separate, OK. So I second your motion.
Vice Chairman Gort: OK. Any further discussion?
Commissioner Regalado: Yeah. I was going to say that we should include the Greater Miami Visitors
and Conventions Bureau, and have -- and have the Administration meet with the Children's Museum and
bring it back on the 10' of November-- December -- I'm sorry. December, December, so we can decide.
Commissioner Sanchez: December the 14th
Commissioner Regalado: December the 141h.
Ms. Bianchino: We'd be happy to do that.
Commissioner Regalado: Thank you.
Vice Chairman Gort: OK. There's a motion.
Alejandro Vilarello (City Attorney): Mr. Chairman.
Vice Chairman Gort: Yes.
Mr. Vilarello: With regard to the Convention Bureau, it also includes the airport facility, and I don't know
that that was mentioned.
Ms. Bianchino: It's the Aviation and Visitors Center, if you want to use the --
Commissioner Winton: Right. But right now, the motion is only dealing with the Children's Museum.
47 10/26/00
Vice Chairman Gort: With the Children's Museum right now.
Commissioner Winton: And we need to make sure that -- because I think the Children's Museum needs a
lease by some period. So let's not -- isn't that -- When does the Children's Museum need their lease?
Adrienne Pardo: We need direction so that we can prove to the State, so we don't lose our grant money.
So if we could -- if the staff could come back --
Vice Chairman Gort: I'm sorry. Did you introduce yourself before?
Ms. Pardo: ` Yes. My name is -- I didn't -- but my name is AdriemZe Pardo, with law offices at 1221
Brickell Avenue. I'm here to --
Vice Chainnan Gort: Thank you, because the gentleman next to you gets very upset when We don't do
that. Go ahead.
Ms. Pardo: Anyway, if staff -- if staff could come back to the Commission at the December 141h agenda
with the negotiated documents, and we will work with them as much as we need to with regards to the
development agreement, the interlocal agreement and the lease. That would work for us.
Commissioner Sanchez: Mr. Chairman, the bottom line is if they don't have a lease on a site, then they
jeopardize the fundings in Tallahassee through the Agricultural Commission.
Vice Chairman Gort: We understand. I think everybody has the message. Any further discussion?
(inaudible) I'd like to know right now if we're charging those helicopters that are landing and taking off
now. OK. All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-927
A MOTION APPROVING THE SITE PLAN FOR THE CHILDREN'S
MUSEUM ON WATSON ISLAND; FURTHER AUTHORIZING AND
DIRECTING THE CITY MANAGER TO NEGOTIATE AN
INTERLOCAL AGREEMENT WITH MIAMI SPORTS AND
EXHIBITION AUTHORITY AND BRING BACK PROPOSED
NEGOTIATED DOCUMENTS (INCLUDING A SUBLEASE AMOUNT
FOR THE RENT OF CERTAIN SPACE ON WATSON ISLAND) AT
THE CITY COMMISSION MEETING PRESENTLY SCHEDULED
FOR DECEMBER 14, 2000.
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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.
Commissioner Winton: Now the second motion.
Ms. Bianchino: We need the motion on the Visitors and Aviation.
Commissioner Sanchez: The second motion --
Vice Chairman Gort: Oh, I don't know about that.
Commissioner Sanchez: The second motion is to approve the Business Convention Center and the
Aviation --
Commissioner Winton: Facility site.
Ms. Bianchino: Location.
Vice Chairman Gort: There is a motion. Is there a second?
Commissioner Winton: Second.
Commissioner Regalado: Second.
Ms. Bianchino: Site or location.
Commissioner Winton: The location, correct.
Commissioner Sanchez: Site coordination, OK.
Vice Chairman Gort: Right. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
49 10/26/00
i . 0
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-928
A MOTION APPROVING THE SITE PLAN FOR THE LOCATION OF
THE AVIATION AND VISITORS CENTER ON WATSON ISLAND.
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.
50 10/26/00
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Mr. Leahy.
Commissioner Regalado: If I can --
Vice Chairman Gort: The public hearing is going to be on 4-13 and that's when
we allow the public to --
Commissioner Regalado: If I can call --
Vice Chairman Gort: Mr. Leahy.
Commissioner Regalado: - on the issue of the ballot language for the City
Charter Amendment Charter. Mr. Leahy is here and I think he was going to
speak on another issues, but since we got him out the County building, it will be
nice that the supervisor of elections tell us his views on this unfortunate
situation. You are the expert, David. That since we knew-- first learned about
this situation, I said, well, I don't think that there are many options. I don't
think that you have many options in terms of resolving or fixing this mistake.
Vice Chairman Gort: Mr. Leahy, thank you, sir, for being here.
Mr. David Leahy: Let me start out by saying good morning, Mr. Chairman,
Commissioners. Yes, when the error was detected in the translation of your first
question of the Spanish translation, we took some immediate steps. We first
corrected the translation that will appear on the ballot in the precincts, and that
has been done. We've also corrected the sample ballot, which your City Clerk
51 10/26/00
will publish prior to election day. We also corrected the absentee ballot
booklets for those ballots that would be issued after the error was detected. And
we have set up a system where we can determine the result of the votes --
absentee ballot votes on those ballots issued before the error was corrected and,
then, after the correction of the ballot. So, the -- when you're looking at
absentee ballot results after the election, we can say these absentee ballots were
cast with the error language. These absentee ballots were cast and voted after
the correct language was put in place, so that if we get to a court decision as to,
you know, whether or not that -- the vote is valid on that issue, we can at least
determine what the problem votes may be.
Commissioner Regalado: David, what -- I think that the key issue is, it would
be difficult and confusing for you and the voters if you rescind all these five
thousand absentees that had the error, right? That will be very difficult?
Commissioner Sanchez: Five thousand?
Commissioner Regalado: Yes, five thousand.
Mr. Leahy: Right, there were 5,050 absentee ballots issued prior to the error
being detected. And you're correct, Commissioner. First of all, those votes
have not been determined to be illegal. They may be in the future but right
now, they have not been determined to be illegal. The County Canvassing
Board, as you know, because your issue is on a County election, serves as the
Canvassing Board, and will certify the results on your two issues. Most likely,
the County Canvassing Board, of which I'm a member, will certify the results of
that -- those two issues, and particularly the one with the error, and will also
certify the results on those absentee ballots that were voted on with the
incorrect language because that's been .generally what the courts have ruled.
That's how we should certify and that's what we would do, unless, prior to
certifying, there is a court order to do something different. And you're also
right that, because we don't know whether these votes are going to end up being
valid or invalid, it would be extremely confusing to try to send something out to
voters to explain why they were getting a new ballot and what to do with that
ballot, and what would happen if they didn't return that ballot. We went through
the different scenarios. If we mailed them a full ballot -- one of our concerns is
people don't read. That's my biggest concern. -- that they _may vote just the
City of Miami question and not vote any of the rest of their ballot, which would
void the rest of their ballots. So, if we mailed just that issue, yes, it would be
very confusing to voters. So, in consultation with the County Attorney, we felt
52 10/26/00
the best thing was to simply make all the corrections that we have made and just
see where we go from there, unless we have a court order to do something
different.
Commissioner Regalado: Mr. Chairman, I don't know if all the members of the
Commission have questions, but I'm ready to make a motion, whenever the
Commission is ready.
Commissioner Sanchez: Mr. Chairman, if I may.
Vice Chairman Gort: Mr. Sanchez. Commissioner Sanchez.
Commissioner Sanchez: Mr. Leahy, five thousand votes in a City election is a
significant amount of numbers. Are you going to attempt to send those back and
have those five thousand people who have already cast a vote, cast their vote
again or they are five thousand votes will just be put aside?
Mr. Leahy: Well, again, Commissioner, they are not put aside. We will count
those votes on those absentee ballots that went out prior to the error being
detected. You know, we mailed five thousand ballots. We're not going to get
five thousand back, and not everybody is going to be voting on those issues.that
were issued in the absentee ballots. So, I don't know what the number will be,
whether it will be two thousand or three thousand votes that will be in question
as a result of that error. But remember, we're looking at -- if I was to guess
today, a seventy-five percent turnout, Citywide and Countywide, in this general
election. So, you could be talking about sixty, seventy, eighty thousand people
voting and a good number of those people voting on those issues. You could
end up with the situation where, even if you separated out those two or three
thousand votes, it would not make any difference; that the difference between
winning and losing may be much greater than the number of votes casted on
those questionable absentee ballots.
Commissioner Sanchez: This is a presidential election, so we anticipate a large
turnout of voters.
Mr. Leahy: Yes, sir.
Commissioner Sanchez: And a large percentage of people nowadays vote
absentee ballots, is that correct? The numbers are increasing as years go on?
53 10/26/00
Mr. Leahy: We probably Countywide will issue probably fifty thousand absentee
ballots for the general election, of which one-sixth probably from the City of
Miami voters.
Commissioner Sanchez: Now, here is my -- the concern that I have. The
concern that I have is that now, what we have is a very complicated process
because it works out that there was a translation error, people that voted on the
issue will probably either want to vote again or not want to vote again. So, it
becomes a confusing state of mind for voters once again. One of the issues that
concerns me is that the difference in language. What this is going to turn out to
be will be that, no matter what the outcome of the election is, either side is
going to challenge it in court. So, it opens up the door for litigation, which, in
the long run, will cost the City "X" amount of money, and I will defer and ask
my -- our legal counsel, the City Attorney, at the appropriate time, does he see
the outcome of this in either way, whichever -- whether the referendum pass or
not, that both sides will challenge it in court? I know that I don't see any other
reason if Off -Street Parking loses their referendum, they will challenge it in
court. I will assure you that they will challenge it in court, saying that the
language was misleading, the translation was in error, the, ballot should have
been stopped. And if you look back at the history of Miami, the voters
nowadays with a yes vote means a no vote, it's just -- it confuses and it clouds
the mind of the voters that are voting on this issue. So, Mr. City Attorney, you
being the attorney for the City of Miami, do you see, at the end of all this,
whether it's a -- if referendum passes or it doesn't passes, do you see either side
appealing it in court?
Mr. Alejandro Vilarello (City Attorney): Well, Commissioner, if this ballot
question remains on the ballot, and the vote is tabulated, and it receives a
favorable vote of the citizens of the City of Miami, I believe that that question
will stand and the Charter will be amended -- the Charter of the City of Miami
will be amended to that effect. I think your question may relate to, if there is a.
challenge on the question itself and whether or not it's clear and unambiguous,
and because of the problem in the translation and the Voter's Right Act, I think
the question is susceptible to a challenge on whether or not it complies with
Florida Statute, and if it is clear and unambiguous. What Mr. Leahy has advised
you is that the County has taken the position that they are going to correct any
future absentee ballots, the precinct ballots, the sample ballots, and they are not
going to take any further action absent a court order to the contrary. And I need
to bring to your attention, as well, when this came to our attention on Thursday
or Friday of last week, we also took a look at the Creole translation and the
54 10/26/00
Creole translation, in fact, has been changed and modified -- and that was also
distributed, I believe, Mr. Leahy, correct me if I'm wrong -- in the AB
(Absentee Ballot), absentee ballots that were sent out.
Mr. Leahy: .No. The Creole translation -- Creole ballot is only in the precincts.
It does not affect the absentee ballots. So, the fact that we've changed the
Creole translation has had no effect on the votes cast -- any votes cast.
Mr. Vilarello: And the City Clerk had asked whether or not you had a count on
the number of absentee ballots that had been returned to -date of those five
thousand that had already been mailed out. Do you have that number?
Mr. Leahy: I hadn't been asked the question, so, unfortunately, I did not bring
that with me.
Commissioner Sanchez: And I want to address that, if I may, and I'll get back
to you. So, what happens to the two thousand -- one thousand, whatever amount
of absentee individuals that voted absentee, what happens to their vote?
Mr. Leahy: Again, my guess, standing here and without a court order to the
contrary, my belief is that the County Canvassing Board must certify all results,
including the results on those questionable absentee ballots.
Commissioner Regalado: Could you yield, Joe, just to clarify? I think that it's
very clear what David Leahy is saying. David Leahy is saying, if you guys don't
have a court order, we're just going to certify an election, even though there was
a mistake. So, it's our decision to seek a court order to protect the right of the
voters of the City of Miami. It's very simple. It cannot be resolved in any way.
He cannot" rescind the ballots. We cannot go knocking on the doors of every
absentee saying, look, you voted wrong because the question was wrong. So, we
might as well bring you a mobile voter booth here. So what David is saying is,
if you guys don't have a court order, that's your problem. We're going to certify
the elections, which later on, will be challenged. Because it has a certain
segment of the population that had a question. that was completely different to
the meaning of that question. And, you know, it doesn't matter if the question
wins or loses by three, four thousand, five thousand votes. What matters is that
we are here to protect one man, one vote. Only one person cannot vote
correctly. We have to protect him. And that's -- for me, it's very simple..
Vice Chairman Gort: Gentlemen, let me tell you something. The news -- I feel
55 10/26/00
about it. We had one election already because the wording was challenged in
court. It was overturned and that's one of the worst things that happened to the
voters of the City of Miami. Because right after that, the voters came back to us
and kept saying, "how can you discount my vote? How can you do that? How
can the court overrule the majority of the people?" So, this is something that
we really need to consider. Because let me tell you, my understanding is, no
matter what the result is -- I'm not an attorney -- my understanding is, there is
enough ground to take it to court and to happen -- the same thing that happened
to us before.
Commissioner Sanchez: And, Mr. Chairman, under the Voter's Right Act, that's
exactly what we need to do, protect the voters -- protect their vote. Now, after
that overturn, the incident you're talking about, you're absolutely right. People
felt that they weren't a part of the process. In many occasions you hear people
say, well, you know, voting nowadays is so complicated. Yes means no and it's
just very confusing for the people that vote nowadays and to -- you're absolutely
right, Mr. Leahy, to send a letter back explaining the mistake, I think it would
just create more confusion in the process, but in the long run -- and I'm looking
at to protect the taxpayers and the voters -- if the City -- if it passes and both
referendums are passed, I -- once again, I'm not an attorney -- but they will
challenge it in court and it will cost the City an "X" amount of money. If we
hold it back and go for another election and it's not -- it's a special election, it's,
once again, going to cost the money. We've been through it. I've been through
it. I believe this Commission, except Johnny, went through it about two years
ago with the Strong Mayor issue. And, once again, what it does is, it opens up
old wounds in the community. So, you know, I'm in favor of the referendum,
the way they were put out. But now that I look and study the issue and see that
the mistakes -- two mistakes -- two errors don't make a right. Two wrongs don't
make a right. And being that it was a mistake on the ballot, which I don't know
who we could point the finger to, and having the voters now who voted take
their vote away, that, in the long run, will create a process where you're going
to start seeing in the years to come, that people don't want to participate in the
process of voting. They are disgusted with the process. Because either one,
they feel that if -- how they vote, it's either going to end up challenged in court
and it's happened before. It happened with the Strong Mayor. People say, why
did I vote if all they are going to do is take it to court and overturn my vote?
So, I just don't want to be a part of a process that continues to create that, that
people will perceive Miami as a City that is not determined by the voters. It's
determined by the courts. So, as it is right now, if my colleagues are prepared
to make the proper motion and I feel comfortable with it, I'm willing to second
56 10/26/00
the motion.
Vice Chairman Gort: Mr. Leahy, I have two questions. One of them is the
absentee ballots, do they go out automatically without being requested?
Mr. Leahy: No. There has to be a request.
Vice Chairman Gort: So, you did have five thousand --
Mr. Leahy: Correct.
Vice Chairman Gort: --total City of Miami requests for absentee ballots? What
is it?
Mr. Leahy: As of last Friday, yes, we had 5,050 requests.
Commissioner Regalado: Yes.
Vice Chairman Gort: The second question is, what are we going to do --
Commissioner Regalado: Still, people believe in absentee ballots.
Vice Chairman Gort: Second question is, what are we going to do to make sure
that this does not take place again? Because now we have two translations and
like we stated before, there is nothing worst than going to an election and that
election being overruled by the courts. I mean, the feedback that I personally
received was very negative. People saying, I'm not going to vote anymore. It's
not worth it and so on. What are we doing so that would not happen again?
Mr. Leahy: Well, the process right now has been -- this question -- these two
questions were translated by the chief translator of the County and then sent
over to the City for approval. So, there was actually two errors made if we
didn't -- certainly, our translator didn't catch his own error. And I discussed it
with him and he really felt bad about this, but he had an extremely time
translating that question so that it would be understood by the voters who are
reading the Spanish translation and, in doing so, he spent so much time on it,
did not proof it well enough after he had finished and the non-governmental
became governmental. And when we sent it over for City approval -- you know,
again, maybe because it was so complicated -- the error was not caught when the
City approved it. For the future, I mean, we can -- certainly is going to be more
57 10/26/00
verification that the Spanish is the same as the English. I've assumed -- well,
the City can do one of two things. I mean, they could continue to have the
County translate it, which we would do upon the City's request. I'm sure there
would be more scrutiny, not only on my side, but also on the City's side, as to --
does the translation -- is it a true translation without error?
Vice Chairman Gort: So, we have a two -fold process. First by the County and
then confirmed by the City?
Mr. Leahy: Correct.
Vice Chairman Gort: OK.
Mr. Leahy: The second option is the City -- which the City always has on its
own questions, the City can translate their own ballots themselves.
Vice Chairman Gort: Well, unfortunately --
Mr. Leahy: We were -- work with the City either way it decides to go.
Vice Chairman Gort: I think the more people looking at it, the better it is.
Unfortunately, we didn't catch it this time, but I think we should continue the
process. Commissioner Winton.
Commissioner Regalado: If I may. Yes. If I may, just briefly. When we do
what we have to do here, I wanted to ask you, but I would rather ask you now.
Do you expect to pay four thousand dollars ($4, 000) that the two questions cost
you to print to put it on the ballot or who's -- I mean, it wasn't our mistake. So,
at least, can we share with the County the responsibility of paying for that page?
Mr. Leahy: I don't have an answer for you right now, Commissioner.
Commissioner Regalado: OK. So, I'm ready to make a motion, Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: My motion will be to direct the City Attorney to
challenge in court that question. And I would like to ask one thing before -- the
second question is correct, but is it a companion to the first question?
58 10/26/00
Mr. Vilarello: No. There are -- they are generally unrelated. One has to do
with the composition of the board of the Department of Off -Street Parking and
the other one has to do with the transfer of assets. So, they each stand alone.
Commissioner Regalado: OK. So, I -- my motion will be to direct the City
Attorney to go to court and challenge the first question in order to declare void
all the results on that particular question on the November 7th election. .
Commissioner Sanchez: Why not both questions? One pertains to the other
Commissioner Regalado: I know that one pertains to the other, but that's why I
asked the City Attorney. He says that it's unrelated. However, the perception is
that everybody is voting for some City Charter, so I'm -- if you want to amend
that, it's fine by me.
Mr. Vilarello: Commissioner Sanchez, the second question relates to increasing
the size of the board from five to seven members.
Vice Chairman Gort: Yes, there is nothing wrong with that.
Mr. Vilarello: And, generally, the appointment process. So, it's not directly
related. It has to do with DOSP (Department of Off -Street Parking), but --
Vice Chairman Gort: Second question, there is no problem. OK.
Commissioner Regalado: So, that will be my motion.
Commissioner Winton: So your motion is only challenge the one?
Vice Chairman Gort: Excuse me. Yes, Mr. =-
Mr. Leahy: Through you, I guess to the City Attorney, if I may, would not this
governing body have the ability to cancel the election themselves without going
to court? They put the question on the ballot. Would there be anything, which
would prohibit this governing body to pass a resolution or a motion or whatever
is appropriate to simply remove that question from the ballot?
Mr. Vilarello: The direction, as I understand on the motion, would be to
challenge the question being placed on the ballot by whatever appropriate means
we could. That would include it. I don't believe the City Commission, at this
59 10/26/00
point, subject to further research, could just pass a resolution .and pull the
question off the ballot. I think that we would require a court order to that
effect. However, if the Commission gives me a direction to that effect, I will
certainly proceed in the most appropriate way.
Commissioner Regalado: I will say "any means.".
Vice Chairman Gort: Let me ask you a question. My understanding is, that the
questions are put in the ballot because this Commission requested to do so. So,
if we can request to. place on the ballot, can we also request to take it off the
ballot?
Mr. Vilarello: The problem, Commissioner, is that you did so within a time
constraint defined by statute. That was delivered to the supervisor of elections,
who is now carrying out a ministerial direction to put the question on the ballot,
and I believe the cast may have been -- the "dye may have been cast at that
point. However, I certainly will explore the most efficient and expeditious way
of carrying out the wishes of the Commission if this motion passes.
Vice Chairman Gort: OK. There is a motion. Is this a second? Further
discussion?
Commissioner Sanchez: Did somebody second it?
Commissioner Winton: Well, I'll second for discussion. This is a terrible
situation to be in because --- while most people would think that I would be
opposed to the referendum as it relates to Off -Street Parking, frankly, I'm very
much in .favor of the referendum as it relates to Off -Street Parking, not because
I want to blow up Off -Street Parking because I think, as a tool for effecting real
redevelopment in downtown Miami, I think that vehicle is outstanding and the
private sector will never be able to match that. In fact, if .you look at. the
behavior of the newest parking mogul in the City of Miami, Mr. Hank Sopher's
company, I think that points clearly to the huge problems we're headed to in the
City of Miami if we turn over parking simply to some parking mogul that wants
to maximize revenue. And I saw an interesting study in the Atlanta version of
the South Florida Business Journal because they were having a parking
discussion in midtown Atlanta and it was showing parking rates -- and I've
heard Mr. Sopher say on numerous occasions that, you know, this is Manhattan
twenty years ago or thirty years ago, and parking rates in the schedule that I saw
in Manhattan were six hundred dollars ($600) per month and in midtown
60 10/26/00
0 0
Atlanta, they were a hundred dollars ($100) per month, and in downtown Miami,
they are a hundred to hundred and thirty-five dollars ($135) per month.. And I
can tell you, when the competition in Coral Gables is fifty dollars ($50) per
month and in Blue Lagoon it's zero and in West Dade it's zero and in most
Broward County it's zero, then driving parking rates to two hundred and three
hundred dollars ($300) per month, which is what the private sector -- the Mayor
has said numerous times, we could generate five million dollars ($5,000,000)
more in revenue. Yes, we can. Raise the fees? It's that simple. It's either
come -- can come reduce expenses or raise fees. Well, the entire operating
budget of Off -Street Parking is only seven million dollars ($7,000,000) a year,
so you ain't going to get the five million out of reduced operating expenses. So,
you're going to have to get it out of improved revenues. However, Off -Street
Parking has done a really awful job in the past ten or fifteen years responding to
City's needs. No question about it. And the only reason that the Mayor was
able to get all the additional money out of them is because, as I've said before,
he beat the tar out of them constantly and they finally responded. And that's a
problem. The City needs a real lever to hold over Off -Street Parking to get
them to be responsive to City needs, and this referendum does that. So, the
reason I'm really in favor of the referendum is because it gives us a lever to be
able to create public policy that can benefit our City. Whereas today, we have
no ability to do that. Now, the only saving grace here is that we have the
second part of the referendum that is going to be able to go forward, so maybe
we'll have some additional influence over Off -Street Parking. But, I guess the
discussion really isn't about the pros and cons of Off -Street Parking in the
private sector. It's about the voters and it's just a shame that we're in this
situation. I think we do have to protect the interest of the voters here and there
is a lot of confusion. There has been a lot of anger over court overturned
decisions and I think our processes have to be cleaned up and be as clean as
possible. But I just wanted to say that it's just bothersome to me that we. have to
be in this situation because we have -- we had a great public policy opportunity
here that may have to be delayed for another year.
Vice Chairman Gort: Johnny, I think we're all in favor of having the RFP
(Request for Proposal). I mean, we all voted for it, to put it on the ballot. I
think the Off -Street Parking had received the message, so I think people know
where we stand. But at the same time, you're right, we don't want the voters to
be deceived. OK. Is there any further discussion? Being none
Commissioner Sanchez: Call the question.
61 10/26/00
Vice Chairman Gort: -- all in favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 00-929
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND
ALL ACTIONS, NECESSARY OR PERMITTED, TO
SAFEGUARD AND PROTECT THE INTERESTS OF THE
CITY OF MIAMI AS DIRECTED BY THE CITY
COMMISSION AT ITS MEETING OF OCTOBER 26, 2000,
INCLUDING, BUT NOT LIMITED TO, LITIGATION OR ANY
METHOD RELATED TO REMOVAL FROM THE BALLOT OF
THE PROPOSED CHARTER AMENDMENT TO BE
SUBMITTED TO THE ELECTORATE FOR APPROVAL OR
DISAPPROVAL AT A REFERENDUM SPECIAL ELECTION
TO BE HELD ON NOVEMBER 7, 2000, WHICH
AMENDMENT PROPOSES TO AUTHORIZE THE CITY
COMMISSION TO TRANSFER ASSETS OF THE
DEPARTMENT OF OFF-STREET PARKING ("DOSP") TO
THE CITY OF MIAMI ("CITY") AND TO ALLOW FOR THE
OPERATION, MANAGEMENT AND CONTROL OF OFF-
STREET PARKING FACILITIES OF THE CITY BY THE CITY,
DOSP, OR NON-GOVERNMENTAL ENTITIES, AT THE
DISCRETION OF THE CITY COMMISSION, AS
DETERMINED BY WHICHEVER IS DEEMED TO BE IN THE
BEST INTEREST OF THE CITY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
62 10/26/00
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.
Vice Chairman Gort: Thank you. Thank you, Mr. Leahy. And whatever we can
do --
63 10/26/00
0 0
14. DISCUSSION CONCERNING CITY COMMISSION REDISTRICTING RELATED TO 2000
CENSUS POPULATION CHANGES.
David Leahy (Dade County Supervisor of Elections): Did you want to take up the issue I came to discuss,
the redistricting issue? I came to discuss the redistricting issue, and if you'd like to take that up.
Walter Foeman (City Clerk): Item 27, Vice Chair.
Vice Chairman Gort: OK. Go ahead. Let's go ahead. Redistricting.
Mr. Foeman: This item is before you at the request of Mr. Leahy. And there's currently a Countywide
redistricting committee that was formed for the purposes of trying to identify which districts should be
changed, and developing an implementation timetable, as well as trying to discuss the issue of how do we
collectively share resources in furtherance of the redistricting. At the time we created our enabling
legislation, we didn't address the issue of redistricting in the resolution that actually implemented districts.
I'm not aware, and I've had talks with the federal -- with the City Attorney's Office whether or not there
was a federal mandate regarding same. But there is in the Dade County Code -- I believe it's Section 1.03
that addresses districts to say that Dade County may, in fact, redistrict from time to time. Traditionally --
as a matter of fact, practice, that has been done by the County following the census. So.
Vice Chairman Gort: My understanding is this issue is only to affect County elections, and this is
redistricting for County Commissioners.
Mr. Foeman: Well, Countywide redistricting.
Mr. Leahy: No. The City of Miami.
Commissioner Sanchez: The City of Miami, also?
Mr. Foeman: It's Countywide.
Vice Chairman Gort: I understand. But would that affect the redistricting that we have, the districts that
we have .set up right now? That's my question.
Mr. Leahy: The question to you -- and your City Attorney, I am sure will pipe in -- is that as a result of
the 2000 census population, the.population has -- I'm sure has shifted, not as much in the City of Miami as
it did the County.
Vice Chairman Gort: Right.
Mr. Leahy: So the question is, does the City of Miami, when the new population figures come out, need
to redistrict their single -member districts? And if so, when would they do it? The population figures will
be out April 1St of 2001. So again, if your Attorney advises you that, yes, you need to redistrict, then the
second question is: When would you redistrict? Would you redistrict in 2001, prior to your 2001
November election? Or would you wait until 2002 or `03 to redistrict?
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Vice Chairman Gort: My understanding, and I'm just going to -- being part of the process as the
Chairperson of the redistricting that we did four years ago -- was it four years ago? Three years ago. It
would be three years ago. My understanding is our numbers within the City of Miami have not changed
that much, unless the Census Bureau comes back and tells me that it has changed. I understand in the
County, it has changed quite a bit because of the new neighborhood, the Doral and west of Krome Avenue
and so on. But I don't believe that the -- and I'll let the City Attorney -- because .I believe what .would
determine if we want to redistrict the City would be if there's a big shift in change of population.
Mr. Foeman: Mr. Chairman.
Vice Chairman Gort: Yes.
Mr. Foeman: Our GIS (Geographic Information System) Administrator is here with those projected
population changes based on the preliminary data that he has. I think that's -- You want to address that,
Dave?
David Whittington (Planning & Zoning): I've been working with Metro Dade -- Miami -Dade County.
I'm Dave Whittington with Planning and Zoning Department, and I was staff to Commissioner Gort on
the initial redistricting. And I've worked with elections, with the City Clerk and with Miami -Dade
County on this issue. I also have worked with the demographer for Miami -Dade County, and we have
shared data. I have used his projections, and I have compared that to our City building information. And
we determined that there is a potential for Commissioner Winton's district to gain enough population to
where a minor redistricting change would need to occur. Where that would occur, or how that would
occur or if that would occur is still a question. But as you indicated, the changes are major in the western
part of the County. They are very minor for the City, but our coastal population probably will increase.
Note for the Record: Commissioner Regalado exited the Commission chamber at 11:45 a.m.
Alejandro Vilarello (City Attorney): Commissioner.
Vice Chairman Gort: Now, my understanding is you're basing your projections on buildings that are
going to be going up within the next five years.
Mr. Whittington: The Census for 2000 is based on the residing population --
Vice Chairman Gort: The residing population.
Mr. Whittington: -- as of April 1, 2000. So it's based only on the units that would have been occupied on
October -- on April 1St, 2000.
Vice Chairman Gort: Thank you.
Mr. Vilarello: Commissioner, you are not currently obligated by federal mandate to address the
redistricting issue right now. If you follow the County's time line for redistricting, with the final numbers
coming from the census in April and the changes being made in October of 2001, that could very well
have an impact on your November 2001 election for the districts that are up. And the Mayor -- well, it's
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not relevant to the Mayor's election, but to the district seats. And, of course, as you all know, the
qualifying period or the residency requirement for the district elections in November of 2001 have already
closed. So if you redistrict between now and November of 2001, you really create a problem for
candidates who may or may not want to run in that election. However, once those census numbers are in
and the statistics indicate, as Mr. Whittington has said, that you are -- one district has grown more than the
margin of error, you should reconsider -- you should consider at that time changing district boundaries so
that they are generally equal in population.
Vice Chairman Gort: OK. What you're recommending, my understanding is, what I -- the message that
I'm getting from you, to answer your question, is we will not be doing any redistricting for '71 -- I mean
'O1.
Mr. Vilarello: That would be my recommendation. You don't have final census numbers at this point.
Vice Chairman Gort: We'll probably look into doing it in '03.
Mr. Vilarello: Yes, sir.
Vice Chairman Gort: OK. Thank you, sir.
Commissioner Winton: Well, I have a --
Vice Chairman Gort: I'm sorry, Commissioner.
Commissioner Winton: May I ask a question of the City Attorney? While I see that District 2 has
increased dramatically in population, the overall population in District 2 isn't that different from most of
the other districts. So what's the deal?
Mr. Vilarello: Perhaps Mr. Whittington can explain to you the margin of error. Apparently we --
Commissioner Winton: In fact, I have less population in my district than in one of the other districts.
Mr. Vilarello: We've made assumptions from 95 to 105 percent for each district. And the change in
population as I understand it in your district has gone up to about 108 percent.
Commissioner Winton: A hundred and eight percent. Ninety-five to 105 percent of what?
Mr. Whittington: The average population of a district. If you divide the total population in the year 2000
by five, that would give you the average population for any Commission district. And your -- the
estimated population for your district would be 108 percent of that average population.
Commissioner Winton: Oh. Mine's going to 83,000; is that right?
Mr. Whittington: Yes. Those are just our preliminary projections or estimates, not --
Commissioner Winton: Well, but what I --
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Mr. Whittington: -- not census numbers.
Commissioner Winton: But what I want to point out is District 4 -- What's the difference in the top
number and the bottom number on the composite 2000?
Mr. Whittington: The top number is a gross number. The number beneath it is a net number. It's that --
it's that second number below it that's the number that we use. I can --
Commissioner Winton: A gross number and a net number? What does that mean?
Mr. Whittington: The projections are based on a statistical area that doesn't match the districts. We have
to adjust the projected areas down to the exact -- the exact lines of the districts. So it's a statistical number
that should not be used for this particular purpose. I can explain all the steps in the process to you. I
realize how that can be misleading.
Vice Chairman Gort: What I would like to suggest --
Commissioner Winton: Oh, it's very misleading. In fact, that explanation wasn't -- that didn't help me at
all. I didn't understand a bit.
Vice Chairman Gort: Commissioner Winton, what I would like to suggest is this should go into your
committee. Your committee should be looking into -- the Charter Review.
Commissioner Winton: The Charter Committee looking at redistricting?
Vice Chairman Gort: Yeah.
Commissioner Winton: I don't know about that. I hope not. We got a big enough task.
Vice Chairman Gort: Well, we got to come back.
Commissioner Winton: Well, I want to -- maybe you and I can get together so you can explain this in a
fashion that maybe I can understand.
Mr. Whittington: Sure.
Commissioner Winton: Thank you.
Vice Chairman Gort: Mr. Leahy, I think we answered your question.
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Mr. Leahy: You sure did. Thank you very much, gentlemen.
Vice Chairman Gort: And thank you for being here.
Commissioner Winton: Yeah, thank you for coming.
Vice Chairman Gort: Thank you.
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15. DIRECT MANAGER TO CONDUCT EXPLORATORY TALKS REGARDING SITE
LOCATION FOR MIAMI SCIENCE MUSEUM ON SOUTHERN SIDE OF WATSON ISLAND .(See
#6 and 12).
Vice Chairman Gort: You guys want to take up 6B?
Commissioner Sanchez: Count them votes.
Carlos Gimenez (City Manager): Commissioner.
Vice Chairman Gort: Yes.
Mr. Gimenez: Before we do that, can I go back to Watson Island for a second? I'd like to get the
Commission's approval to begin some exploratory. talks with the Science Museum for that parcel on the
south side.
Vice Chairman Gort: OK. Is there a motion?
Commissioner Sanchez: Which one is that one? Motion directing you, Mr. City Manager, to do so.
Vice Chairman Gort: Is there a second?
Commissioner Winton: Second for discussion.
Vice Chairman Gort: Discussion.
Commissioner Winton: I don't think preliminary discussions hurt anything at all. So I'm not opposed to
that idea. I am -- and Dena, maybe you and I can talk some more -- but I am not convinced. I had this
debate, an intense debate with Phillip Blumberg, who is the current chairman of the Greater Miami
Chamber of Commerce, also a very close friend of mine, over whether or not the Children's Museum
should be on Watson Island or in downtown. And my view has been all along that it shouldn't be on
Watson Island and it should be in downtown, because downtown is where museums have an opportunity
to create pedestrian traffic, which is exactly what we're looking for, to increase the overall street level
ambience of our City. And if we move all the museums to some island way off out somewhere, where the
only way to get there is in either public transportation or car, then we've defeated the opportunity to create
street level traffic that I'm so desperately trying to get done in downtown. Doesn't mean that I'm agreeing
that they ought to be in Bicentennial Park, either, but right now, I'm way, way over here on downtown.
But having that dialogue is probably a "use while" -- use while -- a worthwhile, worthwhile exercise.
Vice Chairman Gort: All right. All in favor, state it by --
Dena Bianchino (Assistant City Manager): Commissioner.
Vice Chairman Gort: Yes.
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Ms. Bianchino: I'm sorry, but on 4B, we need you to pass it, and we need the public to speak. Which
one?
Vice Chairman Gort: All right. You needed the motion. We passed the motion to --
Ms. Bianchino: I'm sorry.
Commissioner Winton: Yes.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-930
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO CONDUCT EXPLORATORY TALKS REGARDING
SITE LOCATION FOR THE MIAMI SCIENCE MUSEUM ON THE
SOUTHERN SIDE OF WATSON ISLAND.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
70 10/26/00
16. AMEND RESOLUTION NO. 98-1205 WHICH DETERMINED THAT MOST APPROPRIATE
METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON WATSON ISLAND IS AS UNIFIED
DEVELOPMENT PROJECT (UDP), BY MODIFYING ACREAGE TO BE INCLUDED IN UDP FROM
15.58 ACRES OF UPLAND AND 14.08 ACRES OF SUBMERGED LANDS TO APPROXIMATELY
11.0 ACRES AND 14.0 ACRES, AND BY INCLUDING ENTERTAINMENT DESTINATION IN LIST
OF ALLOWED USES FOR SITE.
Commissioner Sanchez: Four -B --
Vice Chairman Gort: Four -B, yes, go ahead.
Martin Tritt: Yes. My name is Martin Tritt, 5261 La Gorce Drive, Miami Beach. I have worked in the
City of Miami for all of my working life, and I've contributed to these parks that you're giving away a bite
at a time. I wore my gambling shirt today, because you people are willing to gamble the viability of the
MacArthur Causeway with speed, instead of waiting to see how much income you're going to get from
the Parrot Jungle, and recreating the park that Watson Island should be on my side of the island. I've been
operating the bait shop for 22 years. And in spite of the fact that the City people seem to want to ignore
the fact that the fish market and my store are over there, we are really the only ones that cater to the little
people of Miami, because you're not going to go to a fish market somewhere and pay five dollars ($5) to
buy a fish head that cost a couple of dollars. So I think you should stop giving away the waterfront
property, particularly in this case. Let the Visitors and Conventions Bureau and the Parrot Jungle build
and operate so that you will see whether or not you're going to stifle the traffic on MacArthur Causeway.
And I hope the people on all the islands wake up to the fact that what's going to wind up happening --
Anybody that's tried to get to the beach after 7 o'clock on Friday and Saturday night knows that there is a
terrible backup of traffic. I welcome -- even though I don't like to see anybody involved in an accident, at
least when there's an accident, it backs.up all the way to Watson Island, so I can go up the boulevard and
across to the beach on the Julia Tuttle. But otherwise, I have to go to Hibiscus many, many times, turn
around and go back to the boulevard to get to my house. So I urge you to just let the things that are good
that have been passed already happen on Watson Island. I'm sure that the Children's Museum -- I'm sure
that there are some real dead parks in Miami that the Children's Museum could be built in, and then they
could go ahead and put in a nice playground for children, and make a real facility. Thank you.
Vice Chairman Gort: Thank you, sir. Next.
Mariano Cruz: Mariano Cruz, 1227 Northwest 26'1' Street. I'm going to speak like a resident of the City,
because I see everybody here but residents talking about this. The City, the developers, the lawyer for the
developers and all the people that are going to make money out of this scheme there in Watson Island.
And I wonder why you did all the grandiose plans, because I remember years ago, when Zamora and
Kilpatrick wanted to have the same thing, mega marina and all those terms being flying around here, same
thing. And not to long ago, three or two year or three years ago, I see Dr. Levan (phonetic) here with the
Parrot Jungle. Still, nothing built. They are still waiting for that Community Development loan that will
be paying back with Community Development money, too. So taking money away from other things.
That's the thing of the Parrot Jungle. And I wonder why -- and I know Watson Island, because I used to
drive Papi Chalks there to the island many, many, many times, and you know, and took my children there
many times, because it was one of the free things to do Sunday afternoon. And now, I see like something
is going on, because people that got businesses there for many years, like fishermen, and they were frying
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some fish there, they're being harassed by City inspectors now. Why? Why is that? Because they want
to throw them out to give -- There's something, really something going .on there, because there's a lot
families there, the same thing. And they want to relocate them. So I read about the - What's behind all
this? Who is behind? It's a lot of money there that the residents are not goingto to benefit from that,
because usually, people come to Miami to make business for them. Because the County is funding the
museum, too. And how come the County, with so much land, they don't build in another place, you
know? Why got everything -- like the Roads didn't want the museum there close to Vizcaya. No, they
didn't want it there. Now, Watson Island and the City is funding them, too, or giving them something for
very little. Why? Why is that? You got to do whatever is best for the residents of the City of Miami, not
what the --
Vice Chairman Gort: That's correct. If --
Mr. Cruz: -- Administration tells you or what the lawyers tell you. Thank you.
Vice Chairman Gort: Thank you, sir.
Commissioner Winton: Well, and a point of clarification. We haven't given them anything, Mariano.
Mr. Cruz: Not yet.
Vice Chairman Gort: Mariano, if you listened to -- if you listened, we requested that the existing
fishermen that are there to be relocated in a place where they can continue to do business. OK. I guess --
what other item do we have?
Russell Etling: Could I have the privilege of one more comment on Watson Island?
Vice Chairman Gort: Sure.
Mr. Etling: My name is Russell Etling. I'm President and CEO (Chief Executive Officer) of the Miami
Museum of Science. As you all know, we have been in the predevelopment phase for a major new science
center for the last three or four years, and I have had a great many conversations with City staff and a
number of you regarding the project. We've always ranked our top two sites as Bicentennial Park and
Watson Island, and have had extensive conversations about both those sites. We think both have pros and
cons in terms of our program, but both spell a world-class destination for a world-class science center in
association with the Smithsonian Institution. So we welcome on behalf of the board of trustees any
conversations with the City of Miami about a preferred site for our institution, and are continuing, also, to
work within the process on the task force that Commissioner Winton chairs for redevelopment of the
waterfront. Thank you, sir.
Vice Chairman Gort: Thank you, sir. Next.
Nancy Lee: My name is Nancy Lee, 12900 Oleander Road, North Miami, 33181. I'm speaking for --
Vice Chairman Gort: I'm sorry, what was the address again?
72 10/26/00
Ms. Lee: 12900 Oleander Road, North Miami.
Vice Chairman Gort: Thank you.
Ms. Lee: I'm speaking for Gregg Bush, who is in California, who is the head of your Parks Advisory
Board. He just asked me to mention one thing about Watson Island. He would like to see dedicated funds
to go to parks from income from any entity on public or parkland on Watson Island, just as income from
Bayside has been has dedicated funds to be used for waterfront, buying waterfront land. Thank you.
Vice Chairman Gort: Next.
Jack King: Mr. Chairman, my name is Jack King, 4031 El Prado Boulevard. I'm a member of the City of
Miami's Waterfront Advisory Board. I think there's a lot of things that still need to be said about what we
do with Watson Island. And actually, I wish you would all defer this vote until this afternoon on 4B. Is
that a possibility, when you have a full Commission? Because I believe that there are a lot of items, there
are a lot of policy decisions that are sort of tied together with this that I think all the Commissioners
should hear.
Vice Chairman Gort: Thank you. My understanding, 4B is for you to sit down, negotiate and come back
to us, where we'll make a decision, a full Commission on that. Am I correct?
Dena Bianchino (Assistant City Manager): Yes, sir.
Vice Chairman Gort: Thank you.
Ms. Bianchino: We would come back to you in November with an RFP (Request for Proposals), which
would be another public hearing. It would be another opportunity for people to --
Vice Chairman Gort: It has to come back to us so we can make a decision. OK?
Ms. Bianchino: Absolutely.
Mr. King: Well, what I'm saying, Commissioner, is that there are some policy decisions within this as to
whether there should be an RFP, or there should be other procedures to go along with it. I don't think
we're talking about not doing, you know, not developing Watson Island in the best way we can. But I
think from a policy standpoint, there are areas that require discussion. I can tell you what I'm talking
about primarily is whether the marina aspect of Watson Island should be done privately or should be run
by the City of Miami. And there are huge dollars and cents considerations there.
Vice Chairman Gort: Thank you. Anyone else? Anyone else? OK. Any further discussion? What's the
wish --
Commissioner Sanchez: Call the question.
Vice Chairman Gort: All in favor state it by saying "aye."
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The Commission (Collectively): Aye.
Walter Foeman (City Clerk): We need a movant and a seconder, Mr. Chairman.
Vice Chairman Gort: It was moved by Commissioner Sanchez.
Commissioner Winton: Second.
Vice Chairman Gort: It was seconded by Commissioner Winton.
Commissioner Winton: Aye.
Vice Chairman Gort: OK.
Alejandro Vilarello (City Attorney): Did they vote?
Commissioner Sanchez: Aye.
Vice Chairman Gort: Aye, aye, aye.
74 10/26/00
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-931
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 Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr
Vice Chairman Gort: We'll all be back at 2:30.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:06 P.M. AND
RECONVENED AT 2:45 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER REGALADO AND COMMISSIONER TEELE FOUND TO BE
PRESENT.
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17. FIRST READING ORDINANCE: AMEND SECTION 2-982 AND ADD NEW ARTICLE,
CONSISTING OF SECTIONS 3.8-230 THROUGH 38-241 TO.CHAPTER 38 OF CITY CODE TO
CREATE AND ESTABLISH VIRGINIA KEY BEACH PARK TRUST -- WATERFRONT BOARD TO
REVIEW.
Vice Chairman Gort: This is a continuation of the morning session. My understanding is we left off on
item 5.
Commissioner Winton: So if it took all morning to do four items, I guess we'll be here till 4 o'clock in the
morning?
Vice Chairman Gort: More or less. I brought my dinner.
Commissioner Sanchez: Item 5 is a personal appearance.
Vice Chairman Gort: Virginia Key Park. Ms. Range, it's a pleasure to have you with us.
Athalie Range: Good afternoon. My name is Athalie Range, and I reside at 5727 Northwest 17th Avenue,
Miami, Florida. I have asked Vice Chairman Gene Tinme to come forward and make the presentation to
us today. I am not able to stand for long periods of time. However, if Gene doesn't know the answers to
the question, you call me. All right?
Vice Chairman Gort: Thank you, ma'am. Pleasure to have you with us. I don't think there will be many
questions.
Gene Tinnie: I'm sure Ms. Range will have something to add. Essentially, where we are, we had hoped
to have a draft ordinance for first reading today. And essentially, the sense of it, just to frame it, as you
know, the Virginia Key, the whole community effort, we had -- have, I should say -- a task force in place,
which is now, I think, officially an advisory board which sunsets at the end of December. At the
beginning of this year, in January -- and some people in the room were present -- we had quite an
extraordinary experience with a public planning charrette where there was a fairly broad -- and I think I
can say fair -- cross-section consensus and a shared vision for the future of Virginia Key, which we shared
with this body back in March. The recommendations mostly were in the directions of environmental
restoration and preservation, historic restoration and preservation of the existing buildings, and essentially,
to make a long story short, bringing back that historic site to be enjoyed the way it was in the past, with
the significant difference that this go around, it will be for everybody, instead of just for one group. But it
would be a place where a very significant part of Miami history can be showcased and shared. In fact --
just a sidebar -- only this past week, we learned of a Miami news article that talked about the fact that
Martin Luther King, himself, used to come here, sort of quietly, anonymously and he would visit Virginia
Key Beach often and enjoy it. So that's all part of the history. What we would like to bring before you
for your insights and approval is essentially the establishment of the body that would be a more permanent
replacement for the existing task force. The task force, as I think Commissioner Teele put it well when we
were back here in March, is by nature temporary. And what we envision -- the terminology is yet to be
finalized -- but something along the lines of a trust that would work with the City staff, the City
departments, the existing entities -- the Waterfront Advisory Board, the Park Advisory Board and so forth
-- to carry forward the vision of the charrette, which is mostly in the direction of designing and planning,
76 10/26/00
rather than actual management of the park. So that's -- thank you very much. And I don't know if -- if
you don't have these for your perusal, we do have -- I just received a copy -- the draft ordinance which I
imagine -- I guess my question to you would be would we need to come back for a first reading?
Vice Chairman Gort: This will be first reading.
Mr. Tinnie: This will be it.
Vice Chairman Gort: You would have to come back for a second reading.
Mr. Tinnie: Excellent.
Commissioner Sanchez: And there is not an ordinance even prepared.
Mr. Tinnie: And we'll look forward to meeting with the City Manager's office between now and the next
reading.
Note for the Record: Commissioner Regalado entered the Commission chamber at 2:50 p.m.
Vice Chairman Gort: My understanding is -- is the Attorney indicating you do have the ordinance?
Alejandro Vilarello (City Attorney): Yes. And we distributed it on the 20th. It wasn't in your agenda
package, but it did get to you --
Vice Chairman Gort: Right.
Mr. Vilarello: -- on the 20th, within the five-day rule for consideration.
Vice Chairman Gort: Gotcha.
Mr. Vilarello: It is an ordinance that's modeled in the same light as the Bayfront Park Trust, where you
have the same situation. You could pass it on first reading today.
Vice Chairman Gort: OK.
Mr. Vilarello: It is before you and appropriate for consideration.
Vice Chairman Gort: Do I have a motion to accept? Do I have a motion to approve? This is the first
reading. This needs to come back to us.
Commissioner Winton: Move it. .
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second for the purpose of discussion, just to clarify one question.
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Vice Chainnan Gort: Discussion.
Commissioner Sanchez: When we say "a more permanent City entity," we're talking about a trust of
some type. Would that trust have representation also from the Waterfront Advisory Board or is. this just --
Mr. Tinnie: I imagine so. We -- and in fact, I think that's something that between now and the next
reading we can actually make sure that that is written in. At present, we sort of have an informal but
constant linkage with the Waterfront Advisory Board. We have people who report to us and report what's
going on with us there. That probably needs to be a little more formalized, and I think we can put that in.
Commissioner Sanchez: And that trust would be an advisory trust to the City Manager and the
Commission?
Mr. Tinnie: Yes.
Mr. Vilarello: No.
Mr. Tinnie: Very much --
Commissioner Regalado: No, excuse me.
Mr. Tinnie: Much like Bayfront.
Vice Chairman Gort: No, no, no.
Mr. Vilarello: The way that we've written it is just like the Bayfront Park Trust. You have a committee
of 13 members, one member appointed by the Mayor, five members appointed by the City Commission.
The balance of the seven members are initially nominated by the trust, and confirmed by the City
Commission. So you have 13 members that make up that board. It would have an Executive Director. It
is very much, with the difference in the makeup of the trust membership; it is very much like the Bayfront
Park Trust. It would have an Executive Director who would be responsible for the day-to-day activities of
the park. And it would go not through the Manager, but to the Commission. It's just like the -- it's just --
it's set up in the same structure as the Bayfront Park Trust. And as far as the Waterfront Advisory Board,
as Mr. Tinme said, certainly, they would be -- work with the Waterfront Advisory Board, but there is no
joint membership on both boards.
Commissioner Sanchez: If you're creating a trust similar to the Bayfront Park, then each Commissioner
will appoint one individual or two individuals to that trust, and it could be anybody --
Mr. Vilarello: I'm just. simply telling you the way it's written right now. It's written right now one
appointment for the Mayor, five appointments for the Commission, seven appointments nominated by the
trust, confirmed by the Commission.
Commissioner Regalado: If I may. I. think that the idea of a trust model to the Bayfront Trust is the only
alternative for Virginia Beach, because the City does not have the resources nor can we dedicate the time
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that that area needs in order to create what we want to create and what these people, for so many months
and so many hours have worked for. I think and I hope that this trust, if we approve it, will be able to get
grants and donations, and do events, and share that wealth that you will acquire with the community. And
the only thing that is important is that we need to know and make sure that all the money and all the
resources will be reinvested in the Virginia Beach area. The only way to complete the vision that this
Commission had and that the people of Miami have of that area is to let these people, dedicated people to
go out and reach, and get resources, and do what should be done. A historic beach, but a beach that will
be used by all the communities in the City of Miami, and that all the communities, even if they don't have
the resources to go and pay you, that you would try to accommodate events. It should be the place for
Miamians to gather. I, for one, I fully support the trust idea.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: I think Dena Bianchino said this morning that there's probably not a more
significant piece of land than Watson Island in the City of Miami. And I think the most significant piece
of land in the City of Miami is Virginia Key. I think we have opportunities on Virginia Key that are
unparalleled in the United States. The work that the historic Virginia Key group has done on a segment of
Virginia Key, however, which is crucially important work, the real fact of the matter is that we've got a
much bigger job ahead of us. And so one of the issues that I'm concerned about is how we're going to get
at the entire planning process and then implementation of a planning process for the entire island there.
And I would hate to see -- and maybe, maybe this group could take on the entire task once this group gets
formed, so I'm kind of thinking out loud there. But I have -- I'm a little more concerned -- I have mixed
emotions about the trust, because until Commissioner Sanchez stepped to the plate with the Bayfront Park
Trust, that trust was grossly mismanaged. It wasted taxpayer dollars. There are still investigations, as far
as I know, that are ongoing, that are criminal investigations. And so you create these entities, government
creates these entities, one, that cost government more money to keep them up, and so we have another
board that we've got to keep up with. And two, as we've seen, there is potential for gross mismanagement
in these processes. So I'm a little nervous about them. But on the flip side, I'm equally nervous about the
City's ability to get this job done, because the fact of the matter is our Parks Department is working their
rear ends off right now just with what we've got. So we need more volunteer resources to step to the plate
to help us. So, Gene, maybe you can help me here get over my dilemma where I'm struggling with, you
know, here in --
Vice Chairman Gort: Gentlemen, let me tell you something. We have inherited a lot of the problems that
we were not part of. And I believe that we have been able to solve and change certain measures to make
sure those problems they had in the past will not happen again. I tend to disagree with you. I think there's
been some mismanagement and that was located. And I think Commissioner Sanchez has done an
excellent job with the Bayfront Park Trust, but I want you to know if it hadn't been because of that trust,
today, we would not have the Noguchi park. We would not have the park that we have today. And I think
the Parks Department can attest to that. So that trust was very carefully -- the thing is we have to make
sure that we have the auditors, that we have the right checks and balances so those things could not
happen again. I don't have any problem, because our Parks Department did not have enough resources to
develop what this group has developed. I believe this trust would be very helpful to the City. I believe
that they can go after grants, and I believe -- because they're going to concentrate on one area only, just
like Commissioner Sanchez had been able to do with Bayfront Park -- that's going to be the only task that
they're going to be working on, and I'm sure with the volunteers that they will have -- And we have to
79 10/26/00
make sure when we appoint someone there that we appoint the right person. And we have to make sure
that we talk to those people and maintain the trust going the way it should go. I personally don't have any
problems. This is a first reading. We'll get a chance to look at it, sit down with them, and whatever we
can believe we can bring up in the second reading, we'll be able to do so.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Sanchez: Has the administration -- of course, the administration is in support of this? Is
the Administration supporting this?
Carlos Gimenez (City Manager): Well, we're in support of passing this on first reading. But we need to
sit down with the members of this committee and delineate some things, because frankly, you know, we
haven't had much time to take a look at it. It could have impacts that we are not aware of. And we want
to limit, you know, really, the scope of this particular trust (inaudible) to a certain location and I'm not
sure that this document does that. So we need to sit down and negotiate. What area are they really talking
about? Because we do have a lot of different projects that could happen in Virginia Key. And frankly, I
don't think -- although part of it is part of the trust, other things may not really be in that --
Vice Chairman Gort: In my conversation with the group, they understand geographically where we're
standing, particularly where this Commission is standing, and what the trust -- and what there will be. But
I think on the second reading, you should come back and delineate the geographical area that we're going
to be working on and that will be very important. Commissioner Sanchez.
Commissioner Sanchez: But why not go ahead and direct the City Manager to sit down and come to an
agreement, and then bring it back to the Commission? See, you have to understand one thing. Funding is
going to be a key issue. You know, we can't continue to fund people to a point where they fail. I mean, I
think that if you're going to create a trust that doesn't have one penny of revenue, and it's probably going
to create "X" amount of numbers of expenditures, I mean, you've got to be careful how you do it. So I
would feel comfortable. And I don't have a problem with it, but I would feel much, much comfortable if
they sit down with the City Manager and come to us with an agreeable written scope of what exactly is the
purpose that they're going to accomplish, and what is it that they have, the common.goal for that area so I
would feel much comfortable. Because, let me tell you, they're going to need funding to accomplish most
of the things that they want to do. So you got to think, where is the funding going to come from? And if
you don't have it now, and you create it, and we pass it on first reading, and we come back and -- and, you
know, maybe we don't have the proper time to discuss the issue or dissect the issue very well. Then, you
know, we stand a chance of once again providing enough time and money to another trust or maybe a trust
that's going to fail.
Note for the Record: Commissioner Teele entered the Commission chamber at 3:04 p.m.
Commissioner Winton: Well, if this document is approved this go around and you do -- and the City
Manager is directed to nail down all these details, then the next reading that comes before us, will it still
require two more readings if there is a modification to this one?
80 10/26/00
Mr. Vilarello: If there is a material change to the ordinance that's before you, yes, it would require -- that
would require two more readings.
Commissioner Sanchez: And this will have a material change.
Vice Chairman Gort: What is the reading of this ordinance?. You want to read it? See what it's --
Commissioner Regalado: Well, Mr. Chairman, before he reads it, I have two questions. The Manager
seemed to imply that we want to do some kind of development. in Virginia Beach, or that could impact?
Mr. Gimenez: I said that there are other areas of Virginia Key --
Commissioner Regalado: Right. So --
Mr. Gimenez: -- that we may want. Not Virginia Beach, the historical life beach. That's not what I was
talking about.
Commissioner Regalado: That was my question, because, you know, I was surprised. I thought that we
decided here that Virginia Beach is an historical area, and that no development will be done there. That
was decided by this Commission. And the trust will be running Virginia Beach, not Virginia Key. So I
don't see what's the problem. In terms of the funding, yes, they will need some start-up money. But we
can say to them, well, you know, we're going to fund you for the next -- this is in October. The fiscal year
has already begun. If this passes or doesn't pass, we're talking about maybe December or January. We're
going to fund you for ten months, but after the first year, you've got to get yourselves your own funding
for your own Executive Director, for your own programs, because that's the purpose, the whole purpose of
the trust, is that you'll be self-sufficient. It's like the trust in Bayfront Trust. I mean, it is true that that
place had problems, and Commissioner Sanchez came in and has cleaned that area. But it's also true that
it always made money. That trust always made money. And the fact that it was mismanaged is not the
issue. The issue is that Virginia Beach can make money and can be the meeting place for all the
communities in this area. So, you know, I don't see any problem. Yes, we might need to use some funds
to start that project, but I'm sure that with the desire and the time -- I mean, the time that these people
have used to come this far for -- without knowing what they're going to do in the future, I'm sure that if
they have the incentive of being a trust, being the guiding force for that historic place, they will go out and
look for money. So I -- you know, that was my --
Mr. Tinnie: If I may, Mr. Chairman.
Commissioner Regalado: The fact is that they would only deal with Virginia Beach, not the rest of
Virginia Key.
Vice Chairman Gort: My understanding is they already have received some grants and some funds. But I
think that we have to legally look at it. There's a lot of difference between the ordinance today and the
ordinance that can come back to us. We'll still have to have two readings. So this is one thing. That's
why I wanted the ordinance to be read, so we can see if there's going to be much difference.
81 10/26/00
Mr. Vilarello: Mr. Chairman, could I address just a couple of issues, besides the issues that the Manager
brought up? The ordinance does generally describe the property. It's the old County Park property. We
should have a more specific identification of it in the final draft to the ordinance. But it does generally
describe the property that the task force has been desirous of controlling. And then the reason there is
some exigency to create something before the end of the year is because, the resolution that created the
task force, by its terms, lapses at the end of this year, and it's pursuant to City Code rules that these kind
of committees only last for a year. So something needs to happen before the end of the year. And I think
that's why the task force has brought this to your attention at this point.
Vice Chairman Gort: Thank you. Yes, sir.
Commissioner Winton: It seems to me that what -- at least as far as I'm concerned, I'm in favor of
passing this resolution today. It really is a good faith signal that we do need -- but however, there are a lot
of details, I think. As an example, I haven't even had. a chance to really read this. So -- and the Mayor
hasn't -- I mean the Manager hasn't had a chance to read it. So we really do need to get together and
make sure that we don't end up with the law of unintended consequences here. We need to make sure that
we've looked at this in detail, and end up with something that does the right job. So -- just to send the
right signal that we're all singing from the same sheet of music here, I think that maybe we could pass this
with the clear understanding that you all will get together with the administration and work out the fine
details associated with that, and bring back whatever changes we have to. And it may require that we
have to go to two more readings because there's material changes.
Mr. Tinnie: If I may, Mr. Chairman. Just to interject, I think it just might help the discussion if you knew
that the intent of the draft ordinance you have was to address very much those concerns, specifically the
one about funding. From the very beginning of our deliberations, even before we were officially a task
force, we've always been cognizant of the need not to just come up with good ideas, but that anything that
we bring before this body, or even before an outside funding source that we have some idea of how this
thing can happen. Secondly, in regard to the geographic area, absolutely, we are looking at the activities
of this body being confined to the 77 acres. However, I think we do need to -- there's one area of concern
where it does extend. I don't think it extends in terms of our jurisdiction, but -- I -- I will clarify what that
is. In those aspects of the future vision that deal with nature and the environment, obviously, nature
doesn't stop at the property line. Those things will have to be dealt with in a much more holistic way.
And I think what's relevant to that is as a direct consequence of the task force's efforts, as you know,
Congresswoman Carrie Meek, who took an interest in Virginia Key has brought the Army Corps of
Engineers in as a partner, and that very critical area of environmental restoration, you know, the removal
of exotics and so forth, that the Army Corps can come in and do that. We would certainly want to be
partners with them with whatever happens within the 77 acres. But just to -- just to say that we are aware
that there are certain aspects of the -- what happens on the 77 acres that will affect the rest of Virginia Key
and vice -versa. But -- so essentially, I don't know if there will be material changes. If there are, I'm sure
they will be in the direction of really coming to the same intent that we have. And the unintended
consequences is something that we, as you might well imagine, are every bit as concerned with as you
would be.
Vice Chairman Gort: OK. Commissioner Teele, welcome, sir.
82 10/26/00
Commissioner Teele: Thank you, Mr. Chairman. And Mr. Chairman, I appreciate very much the
attention that the Commission has given to this issue. I think the statement that you made, and
Commissioner Winton, is that we need to show, I think, good faith, pass this on first reading. This has
gone through a considerable internal discussion and debate among the task force members, and represents
probably a fourth or fifth iteration of that. I know that Ms. Range and Mr. Tinnie have had very candid
discussions about this, and it represents, I think, what we're trying to get more of, and that is community
involvement. As to the statement by the management and the statements by Mr. Tinnie, I think one of the
things that we must do, however, is we must convey, maybe not as a part of this ordinance, but as a part of
a companion resolution, like the Waterfront Board, that the task force or the trust, as we move into the
trust, comments will be sought prior to any development of the full area. In other words, I think it's very,
very important that while we're focusing on a specific area that has a historic significance that the full
development be subject to the compatibility issues. And we and only we will make that decision, "we,"
the Commission. But I think it's important that we elevate the task force at least to the point that we're
going to listen to their input, much like we do with the Waterfront Advisory Board, among others, in
seeking that input. So I think, clearly, the intent of a majority of the Commission to pass this on first
reading does no harm. We'll work with the management, with the Attorney and with the individual
Commissioners in refining that and bringing it forth for second reading. If it requires a title change, I
think the Attorney has opined that it would have to have a second first reading, but that's not foreseen at
this time. So.
Vice Chairman Gort: OK.
Mr. Vilarello: Just one more point. As Commissioner Teele pointed out, if this does pass on first reading,
I think that you need to send it to the Waterfront Advisory Board for their review and consideration, so
then you can have recommendations before you finally consider this.
Vice Chairman Gort: OK. We have the Chairman of the Waterfront and he wants to speak. Yes, sir.
Robert Parente (Chairman, Waterfront Advisory Board): We learned about this -- I mean I learned about
it --
Vice Chairman Gort: Name and address, please.
Mr. Parente: Oh. Robert Parente, 751 Southwest 27th Road, Miami, Florida. Proud to live in the Roads
section of Miami. I'm also Chairman of the Waterfront Advisory Board. You know, we're very proud of
the role we played in creating the process that led to you all creating the Virginia Key Task Force. We're
very proud of that. And we know there's an ordinance on the books that says that things like this should
come before the Waterfront Board. And to be honest with you, some people may see this -- let's be blunt
-- some people may see this as sort of turf building or turf protection, but we don't. We -- you've got a
great board in place. And maybe the reason your members that you've each appointed to that board
haven't come to you yet is because we didn't know about this. What I heard. today -- the reason I came
down here today on this issue was that the committee was sunsetting, and they were looking to be created
as a permanent committee. And quite frankly, we thought that was duplicitous. And you already have a
great Waterfront Board. Why do that? Now I hear a pretty wonderful idea about a trust, and that's a
whole different thing. And I think the waterfront Board -- I don't think anybody here needs to debate the
great work they've done, or the value of saving that part of Virginia Key. But the Waterfront Board is
83 10/26/00
looking at the whole package. And we would love. to dovetail with them, make sure it works nicely, and
make sure that the Waterfront Board doesn't get piecemealed out of existence, because the next thing you
know, there will be a Bicentennial Park Trust, and then the Dinner.Key Trust, and then this trust, and all
of a sudden, your Waterfront Advisory Board doesn't have anything to do. So --
Vice Chairman Gort: My understanding is, I don't care how many trusts there are, when they come up
with a project, it has to go through you all.
Mr. Parente: Right. Well --
Vice Chairman Gort: So that would not keep --
Mr. Parente: We don't want to stand in the way.
Vice Chairman Gort: -- anyone to come in front of you.
Mr. Parente: And I think the one thing you should understand is that our board absolutely understands our
role, and that is to serve as your eyes and ears for the citizens of the City. We're not quasi-judicial. We're
here to help each Commissioner that appointed us to hear what the citizens have to say. And this has not
gone before the marine community and the citizens who are interested in Virginia Key. And once it does,
then I -- I think the board is probably going to be in favor of it. But at least let the process work that way.
Thank you for your time, gentlemen.
Vice Chairman Gort: Thank you. OK. Any -- you wanted to read the ordinance.
Mr. Vilarello: Sure.
Note for the.Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: OK. Roll call.
84 10/26/00
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
CREATE AND ESTABLISH THE VIRGINIA KEY BEACH PARK
TRUST ("THE TRUST"), SET FORTH THE TRUST'S PURPOSE,
POWERS, AND DUTIES, AND PROVIDE FOR COMPOSITION AND
APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP
ELIGIBILITY AND .ATTENDANCE REQUIREMENTS, OATH,
QUORUM AND VOTING, MEETINGS, INDEMNIFICATION,
ABOLISHMENT, AND "SUNSET" REVIEW OF THE TRUST EVERY
FOUR YEARS; MORE PARTICULARLY BY AMENDING SECTION
2-982 AND BY ADDING A NEW ARTICLE, CONSISTING OF
SECTIONS 38-230 THROUGH 38-241 TO CHAPTER 38 OF THE
CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; 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
COMMENTS MADE DURING ROLL CALL:
Vice Chairman Gort: Yes. At the same time, I would like to -- my understanding is that our staff has
been working very closely with this committee, and we are part of the planning on this thing. OK. Thank
you. Thank you.
85 10/26/00
18. SECOND READING ORDINANCE: AMENDING SECTION 38-69 OF CITY CODE
ENTITLED "PARKS AND RECREATION/USE REGULATIONS," TO PERMIT SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES ON A REGULAR BASIS AT ALLEN MORRIS
BRICKELL PARK, LOCATED AT 25 SOUTHEAST 10TH STREET.
Vice Chairman Gort: Item -- We need to make a motion on 6B.
Commissioner Sanchez: On 6B? Second reading?
Commissioner Winton: So move.
Commissioner Regalado: Second.
Commissioner Winton: Discussion.
Commissioner Sanchez: Open for discussion. You take it. You take it. Go ahead.. Open for discussion.
Hearing none, it's an ordinance.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Commissioner Sanchez: Mr. City Clerk, roll call.
86 10/26/00
•
An Ordinance entitled —
•
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 38, ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "PARKS AND
RECREATION/USE REGULATIONS," TO PERMIT THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES ON A REGULAR
BASIS AT THE ALLEN MORRIS BRICKELL PARK, LOCATED AT
25 SOUTHEAST 10TH STREET, MIAMI, FLORIDA; MORE
PARTICULARLY BY AMENDING SECTION 38-69 OF SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of September 28, 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Vice Chairman Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11983.
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.
87 10/26/00
19. (A) FIRST READING ORDINANCE: AMEND ORDINANCE NO. 10021 WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR LAW
ENFORCEMENT TRUST FUND RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO.
9257, THEREBY PROVIDING FOR INCREASE IN AMOUNT OF $3,000,000.
(B) PROSTITUTION RAMPANT ON BISCAYNE BOULEVARD REHAB OR JAIL.
Commissioner Sanchez: That was 6B. Moving on to 7. That was -- it's a first reading ordinance.
Commissioner Winton: Move it.
Commissioner Sanchez: There's a motion.
Commissioner Teele: Second.
Commissioner Sanchez: Second by Mr. Teele. Open for discussion.
Commissioner Winton: Yes. This discussion point is going to relate to prostitution on Biscayne
Boulevard. And I have spent a great deal of my time as a Commissioner fighting to help get Biscayne
Boulevard cleaned up. And the neighbors up there are all up in arms, and the primary -- the biggest
problem on Biscayne Boulevard, that's been a problem for 30 or 40 years, I mean, it's been going on
forever -- is prostitution. And we can't seem to get the problem solved. And I think we're going to have
to begin to try some -- take some new steps. And I think that one of the steps that -- and I'm not going to
ask for anything specific today. I just want to start the dialogue so we can have some further discussion
about this as we move forward. We've got the sting operations going on in the Upper East Side. And
those sting operations are geared primarily towards the johns, and I'm 100 percent in favor of that. But
we also have a process whereby the prostitutes, essentially, nothing ever happens to them. The judges are
reluctant to put them in jail. The real fact of the matter is that many of the prostitutes along Biscayne
Boulevard today have drug problems and alcohol problems. And one of the things that I think that we
ought to consider is to -- is to -- and maybe it doesn't come out of this pot of money, maybe it comes
strictly out of the money that's the impoundment money -- but to begin a process within the City of Miami
where we .direct funds to getting treatment for the prostitutes, either alcohol treatment or drug treatment,
and at the same time, go before our County judges and get them to buy into a plan whereby -- in fact, they
asked for the City to begin a process of treating the prostitutes. But if we have two pieces going on -- one
piece is you're a prostitute, you just got nailed, you got to options. You can go into drug rehab or alcohol
rehab, or you can go to jail. Now, currently, there are no options, because the judges won't put them in
jail, and there isn't anything else to do, so they keep coming back, and it's a never-ending process. And it
seems to me that if we can get the judges to buy into a process whereby they are willing to literally put the
prostitutes in jail. If we've given them an alternative, that alternative is to get drug rehab and alcohol
rehab, and we can put them in our jobs programs and get them legitimate jobs when they get out of rehab,
and if they refuse to do that, or they become second offenders or third offenders, we get the judges to
agree to literally put them in jail, that, along with some of these other steps, may ultimately impact the
long, long, long-term prostitution problems we've had on Biscayne Boulevard. And many times, those
prostitution problems are up and down Southwest 8th Street. So we could do the same thing in all of these
areas. So it's just an information point. I don't need a big debate about it today, but I would like to bring
it up so that we can start some dialogue about additional steps we can take to solve the problem. And
that's all I wanted to do.
88 10/26/00
9 •
Commissioner Regalado: Well, Johnny, remember that we discussed the Tampa ordinance? And the
police knew about it. Chief Martinez, you know about the Tampa. Is it any problem to do it here?
Ray Martinez (Assistant Chief of Police): Assistant Chief Ray Martinez with the Police Department.
We're aware of the Tampa ordinance, as well as what Miami Beach is trying to do with mapping of
prostitutes. Some of the differences with Miami, as opposed to Tampa and Miami Beach is in Miami
Beach, it's a very limited, very small area that they actually map. Unfortunately, with us, you're talking
about pretty much all of Biscayne Boulevard, pretty much all of Southwest 81h Street, all of 791h Street, and
a bunch of various areas which create -- present some other difficulties. And the courts aren't quite as
willing to have such a large area as the prostitution mapping. In addressing Commissioner Winton's
concern, we have started to target the prostitutes more and not just the johns. We are doing operations in
all of the areas to target the prostitutes, as well. But in discussions with the Chief, we are willing to sit
down and talk about, you know, some preventive and some rehabilitative means of helping some of these
ladies and prostitutes find a better way of life, and hopefully, cleaning up our streets even further.
Vice Chairman Gort: There's a motion and a second. And before we vote on this, I'd like to bring out --
My understanding is that the audit and some of the reports that are read, we have to make sure that we put
certain criteria and guidelines, and those people that we do fund, make sure that they follow those,
because I think the Boys' Club -- and I have to tell you, I am a product of the Boys' Club -- I think the
Boys' Club within the City of Miami has done a great job by taking a lot of kids 'off the street. And I
don't think the article that was done on the Boys' Club was a fair article, when you look at the total budget
of the Boys' Club and how it was applied to the uses. .1 think we need to make sure that whatever agency
we fund, if we request a separate account -- we should request a separate account and separate audit for
that specific account, and I hope we take that in the future, because I hate to penalize an agency like the
Boys' Club of Miami that has done so much good in this community.
Carlos Gimenez (City Manager): Yes, sir.
Vice Chairman Gort: OK. Is there any further discussion? Being none, all in favor, state it by saying
aye.
The Commission (Collectively): Aye.
Walter Foeman (City Clerk): It's an ordinance.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
89 10/26/00
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10021, ADOPTED JULY 18, 1985, AS AMENDED,
WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND,
RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO.
9257, ADOPTED APRIL 9, 1981, THEREBY PROVIDING FOR AN
INCREASE IN THE AMOUNT OF $3,000,000, AS A RESULT OF
ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO
SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Winton, seconded by Commissioner Teele, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: Thank you.
90 10/26/00
20. FIRST READING ORDINANCE: AMEND SECTIONS 2-694, 2-887, 2-892 AND 2-976 AND
TITLE NAME OF ARTICLE XI, DIVISION 5 OF CITY CODE TO CHANGE NAME OF
AFFIRMATIVE ACTION ADVISORY BOARD (AAAB) TO EQUAL OPPORTUNITY ADVISORY
BOARD.
Vice Chairman Gort: Item 8.
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Roll call.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLES VII AND XI OF THE CODE OF THE CITY.
OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE NAME OF
THE AFFIRMATIVE ACTION ADVISORY BOARD ("AAAB") TO
THE EQUAL OPPORTUNITY ADVISORY BOARD TO
ACCURATELY EXPRESS THE PURPOSE AND FUNCTIONS FOR
WHICH THE AAAB WAS ESTABLISHED; MORE PARTICULARLY
BY AMENDING SECTIONS 2-694, 2-887, 2-892, AND 2-976 AND
THE TITLE NAME OF ARTICLE XI, DIVISION 5; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first
reading by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
91 10/26/00
0
21. APPROVE SELECTION OF PRE -QUALIFIED PROPOSERS' LISTS, AUTHORIZE
MANAGER TO EXECUTE AGREEMENT (S) TO PROVIDE GENERAL APPRAISAL AND
CONSULTING SERVICES, FOR OFFICE OF ASSET MANAGEMENT, TO BE UTILIZED BY
VARIOUS USER DEPARTMENTS AT TIME OF NEED; ALLOCATE FUNDS FROM OFFICE OF
ASSET MANAGEMENT AND VARIOUS USER DEPARTMENTS.
Vice Chairman Gort: Item 9 has been deferred. Item 10, recommendation for resolution accepting RFQ
(Request for Qualifications), 99-00-231 (sic).
Commissioner Winton: Move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second. Second.
Vice Chairman Gort: Second. Any discussion? It's a resolution. 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. 00-932
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING THE SELECTION OF PRE-
QUALIFIED PROPOSERS LISTS DESIGNATED AS "CATEGORIES
A, B, AND C," ATTACHED HERETO AND MADE A PART HEREOF,
TO PROVIDE GENERAL APPRAISAL AND CONSULTING
SERVICES FOR THE OFFICE OF ASSET MANAGEMENT AND
VARIOUS USER DEPARTMENTS ON AN AS -NEEDED BASIS, FOR
AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO
RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS;
AUTHORIZING THE INCLUSION OF ADDITIONAL PRE-
QUALIFIED PROPOSERS AS DEEMED APPROPRIATE BY THE
CITY MANAGER; AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE PRE -QUALIFIED PROPOSERS FOR SAID
SERVICES; AND ALLOCATING FUNDS THEREFOR FROM THE
BUDGETS OF THE OFFICE OF ASSET MANAGEMENT AND THE
VARIOUS INDIVIDUAL USER DEPARTMENTS, SUBJECT TO
BUDGETARY APPROVAL FOR SAID PURPOSE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
92 10/26/00
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
93 10/26/00
•
22. COMMENTS BY COMMISSIONER TEELE REGARDING THE PROPOSED LEASE
AGREEMENT WITH OVERTOWN YOUTH CENTER, INC. IN HIS DISTRICT (See #11).
Vice Chairman Gort: Item 11.
Commissioner Teele: So move.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded.
Commissioner Sanchez: Item 11 has already passed.
Alejandro Vilarello (City Attorney): I believe item 11 was already passed, Commissioner.
Commissioner Winton: Oh, yeah. We --
Vice Chairman Gort: We already passed it.
Mr. Vilarello: It passed this morning.
Commissioner Winton: Sorry.
Commissioner Sanchez: Item 12.
Vice Chairman Gort: Would you like to discuss anything on this item since it's in your district?
Commissioner Teele: No.
Vice Chairman Gort: Thank you.
94 10/26/00
23. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZE
RENTAL OF GENERATOR TO PROVIDE POWER TO SCOREBOARD AT ORANGE BOWL
STADIUM FROM SUPER STAR STAGES FOR DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES, $4,900; ALLOCATING FUNDS FROM ORANGE
BOWL OPERATING BUDGET.
Vice Chairman Gort: Item 12. Ratifying the City Manager's emergency finding for the rental --
Commissioner Teele: So move.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion?
Commissioner Sanchez: That's to assure that the scoreboard doesn't go out during the game, and we
don't -- we're able to provide all the --
Commissioner Winton: No, it already happened.
Commissioner Sanchez: -- the attendance at the game soda, and hotdog and beer for --
Commissioner Winton: Yeah, something we ran a little short of.last game.
Christina Abrams (Director, Public Facilities): Yeah. This was --
Commissioner Sanchez: Won't happen this time.
Ms. Abrams: Christina Abrams, Director of Public Facilities. This --
Vice Chairman Gort: Thank you, ma'am. It's been passed or moved. All in favor state it by saying
aye.95
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you. Great presentation.
95 10/26/00
•
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-933
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5 T11) AFFIRMATIVE VOTE, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES AND
AUTHORIZING THE RENTAL OF A GENERATOR TO PROVIDE
POWER TO THE SCOREBOARD AT THE ORANGE BOWL
STADIUM FROM SUPER STAR STAGES FOR THE DEPARTMENT
OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, IN
AN AMOUNT NOT TO EXCEED $4,900; ALLOCATING FUNDS
THEREFOR FROM THE ORANGE BOWL OPERATING BUDGET,
ACCOUNT NO. 404000.350503.610.
(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
96 10/26/00
• 0
24. (A) DISCUSSION CONCERNING ISSUES RAISED BY MR. HAYNES AT CITY
COMMISSION MEETING OF SEPTEMBER 28, 2000.
(B) INSTRUCT CITY ATTORNEY TO DRAFT NECESSARY LEGISLATION
REQUESTING PERMISSION FROM MIAMI -DARE COUNTY TO ESTABLISH CITY UNSAFE
STRUCTURES BOARD; URGE MIAMI -DARE COUNTY TO WAIVE FILING FEE IMPOSED ON
HADLEY PARK HOMEOWNERS ASSOCIATION FOR DEMOLITION OF UNSAFE STRUCTURES
IN ITS AREA.
Vice Chairman Gort`. I understand Item 28 is the time certain. Twenty-eight.
Alejandro Vilarello (City Attorney): Yeah, I think it is, 3:30.
Vice Chairman Gort: Discussion which --
Mr. Vilarello: Mr. Haynes, the --
(INAUDIBLE COMMENTS)
Vice Chairman Gort: Item 28.
Carlos Gimenez (City Manager): It's Mr. Haynes.
Frank Rollason (Assistant City Manager): This is the result of the tour that took place that was instructed
by the Commission for the Model City area with Mr. Haynes.
Herschel Haynes: Yes. Good evening. My name is, for the record, is Herschel Haynes, and I reside at
4601 Northwest 15th Avenue, 33142. First of all, I think the Mayor, Mr. Mayor Joe Carollo, and his City
Manager and his staff, which responded to our having been here on last month, I think September 28tH
The Mayor and the City Manager responded very swiftly to address some of the concerns that we brought
here before you, and we're very thankful for that. And also, I've not read in completeness the -- as it was
written in terms of the follow-up, in terms of what is going to be -- do about the problems. But however,
we are grateful for that. But we need some swift attention to these problems as it relates to some of the
things that are happening in Commissioner Teele's area. Also, before you may respond, I'd like to share
with you that a lot of concerned people in our community are questioning some of what Mayor Carollo
brought to us in terms of the problem. It appears that there is a serious problem that exists between the
County and the City. And I've been asked to ask you if it wouldn't be somehow possible if you could not
get the County to waive the six hundred and fifty-three dollars ($653) per case it takes for tearing down
some of the structures that are just horrible in our area.
Mr. Rollason: Bring him up to date, Hector.
Hector Lima (Acting Director, Building): Hector Lima with the Building Department.
Commissioner Sanchez: He asked if the County could waive those fees.
97 10/26/00
Mr. Lima: The County passed an ordinance, and they charge every municipality a total of six hundred and
fifty-three dollars ($653) to present a case to the Unsafe Structures Board. That is a cost that we have to
pay up front on every case that we bring up before them. And they are the only board that will hear it at
this time.
Commissioner Winton: Can we set up our own Unsafe Structures Board?
Mr. Vilarello:. We've looked at that issue, and although some preliminary indications to the client were
that we could set up our independent board, I don't believe that we have the right to do that without the
County's consent and approval to set up our own independent Unsafe Structures Board. Although,
granted, the client has been told, the City Manager's staff has been told that perhaps that is an available
option; I don't believe it's an available option.
Commissioner Winton: Well, but it is -- it's an available option if the County grants it. And you don't
know if you can get it granted unless you ask.
Mr. Lima: Excuse me. Some years back, we did, and the County did not agree to that.
Commissioner Winton: Well, that was some years back. This is today.
Mr. Lima: I understand. And we're meeting with them as we speak right now.
Mr. Vilarello: Commissioner, a unilateral --
Vice Chairman Gort: I have a suggestion. You know, the administration, they have certain rules that they
have to follow. It takes us, the one that can say let's do this, let's do that. I think we should set up a
meeting with the Commissioner, the County Commissioner in that district, our Commissioner from that
district, and the Manager, and the Mayor and we should let them know, because we share a lot of the
problems between the County and City.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, I'll be happy to do that, but this is not a district issue. This is a
Citywide issue. And it's my understanding -- I mean, you know, it's my understanding that the legislature
-- legislative action would be required. Now, I'm hearing now that that's not correct. So I just want to
correct the record. I mean, 1, just want the record very clear. The question of Mr. Haynes is whether or
not the City can request of the County to waive the six hundred dollars ($600). Certainly, we can make
that request. But ultimately, Mr. Haynes and the homeowners association is in a far more powerful
position to drive that issue home, because that is an issue that homeowner associations across the County
are concerned about. But I think we should respond positively and pass a resolution today requesting the
waiver. But the question, the underlying question goes to the point that Commissioner Winton made, and
that is we've requested in the past. Can we request again to do it? And secondarily, does it require
legislation to do that?
98 10/26/00
0
Mr. Vilarello: I believe it would require County legislation as well as City legislation. Yes.
Commissioner Winton: And I think that we shouldn't forget the fact that in each of our districts, we have
a corresponding County Commissioner who has to deal with the same constituents with whom we have to
deal. So I think that between the homeowners groups and us, directly in dialogue with our counterparts,
we could probably get the County to do some of these things that in the past, maybe they haven't been
willing to do. So --
Commissioner Teele: Commissioner Winton, I'm not at all prepared not to make the request. In fact, I
want to make the motion requesting it. But let me tell you, the County has a different philosophy from the
City, and the County's philosophy is very simple. They are going to collect as much money as they can
from the cities and the residents, and they're not going to waive dollars carte blanche, because all of those
departments are on a revenue basis. In other words, the Public Works Department, the Building and
Zoning Department, the Planning Department in the County are all --
Commissioner Winton: Water and Sewer.
Commissioner Teele: Well, Water and Sewer, of course. But those departments are all self-supporting,
based upon fees. The problem that I thought we were going to get into, which is really the problem is not
the six hundred and fifty dollars ($650) -- that's a part of the problem -- is the fact that the County won't
even accept -- and Mr. Rollason, if I'm wrong, you need to correct the record. But you know, what is
happening, Commissioner Winton, is that the County -- the City, because of the way we're dealing with
the County, has sort of created our own problem, and that is, we don't forward but so many cases to them
by sort of a mutual nod, or a handshake or agreement, because they can't take those cases. But at the end
of the day, it winds up affecting the community. Now, if I'm wrong, correct the record.
Mr. Lima: Yes. Commissioner, if I may. We did meet with the County, with the Code Compliance
Office. They agreed to expedite our cases, and we are in the process of taking 18 cases this month, which
normally would have been 12.
Commissioner Teele: But hold it. Answer my question, please. Is there not or has there not been an
unwritten agreement between the City and the County that we only forward "X" number of cases?
Mr. Lima: That was in the past. And truthfully, the City is able to take cases. Now they're opening up.
They're going to extend the hours of the board if necessary, and they will meet additional days if
necessary. That was stated to us at the meeting.
Commissioner Teele: At one point three months ago,. I know I walked through a site in Overtown with
Mr. Rollason. I was told at one point -- did you want to clarify something?
Mr. Vilarello: No.
Commissioner Teele: I was told at one point that we had over a hundred cases that we could move
forward with, or something approaching a hundred cases. This was maybe in June, July. Is .that still the
fact?
99 10/26/00
Mr. Rollason: Frank Rollason, Assistant City Manager. I'm sitting here looking at the updated list, and
this is kind of transitioned from me over to Dena's shop. But we have over a hundred that we can go
forward with. In the meeting that we had with the County a couple of months ago, they agreed that they
would do a couple of things. One was, is that they would, as Mr. Lima has stated, extend the hours and
allow us to bring more cases at this present time. We also looked at, at the first of the year, in January and
February, with having a blitz with a bunch of cases, and staying open and having the board meet several
times, so that we could get this backlog of cases through. And I'm assuming that that's going forward.
Dena Bianchino (Assistant City Manager): Can I just clarify one thing? There are not a hundred cases
now ready to go. They're in various stages of the process. So we have 30, I think, that are ready, and
we're going with those.
Vice Chairman Gort: Yes, sir.
Mr. Haynes: In regards to what Commissioner Winton was saying, it's more of what I'm hearing and
board members are hearing. You see, I think the City -- we are willing as a homeowners association to go
in any direction that we deem necessary. However, you see, when we bring these things up to the
attention of our County Commissioners, they tend to direct it back to you. And so that leaves us, the
homeowners association, in limbo to a large degree. And this is not a new situation. We're talking about
a repetitive kind of situation wherein these things have gone back years, years, like one, two and three, at
least in some cases. And as a result of that, right now, we have structures in our areas, especially in the
area of Commissioner Barbara Carey -Schuler and Commissioner Rolle that are just horrendous, and that
they pose a threat to our children going to and from school. And more and more, we hear and we get
these things on our answering service in terms of these predators moving into our areas and everything. It
would be very, very easy for them to swiftly take a young person to some of these overgrown lots, some
of these abandoned buildings. I think one building in particular that the Mayor looked at, and the City
Manager probably can attest to, it's been like this for at least four years. And it's not -- it's not boarded
up. It's open. And matter of fact, I think the City Manager even went inside and saw how horrifying it
was. And this is a structure at 4700 Northwest 15'h Court. And it's right in the direction -- about two
blocks from a school, two schools. And it would be very, very easy for somebody to just put their hand
over a child's mouth, carry them in there. The structure is totally, you know, "un -closed," and anything
like that. And I just use that as an example. Now, at one point, I think -- and I'm totally in agreement
with what you're saying, Commissioner -- that the City needs to put the Commission, the County
Commission's feet to the fire or whatever, and say that these are concerns of the taxpayers for Dade
County and the City, and come together with a solution.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Winton: These issues are fundamental to neighborhood revitalization. As long as we have
abandoned buildings in neighborhoods, those neighborhoods are never, going to get redeveloped. I mean,
this is -- this is step one. And if we don't get step one done, we're dead. Doesn't matter, all this other
stuff we're doing. We're dead. And so it seems to me that we need to take a big step here, Commissioner
Teele, and that is to help the County. The County is very, very busy. They've got a lot of problems of
their own, and we like working as closely as we can with the County. It seems to me here is an area where
100 10/26/00
we could help them. And what we need to do is tell them that we're going to relieve them of some of their
responsibility, which relates to dealing with unsafe structures in the City of Miami. So therefore, Mr.
County, we want to set up our own Unsafe Structures Board in the City of Miami, and handle this on our
own, and we'll relieve you of the responsibility of having all of this. There's a lot of problems in the City.
You guys don't have to deal with that anymore. So I think that we really need to -- and if it takes an
ordinance today, I'm prepared to move it forward. We need to set up a process whereby we use whatever
resources and methods we need to use to set up our own Unsafe Structures Board in this City to deal with
these fundamental issues of neighborhood revitalization.
Vice Chairman Gort: But I have to tell you, Johnny -- I mean Commissioner Winton -- we really have to
talk to the County, because we could do it in the City, but one of the problems that we have that's
plaguing our neighborhoods is that right across the street, there's the County. And we can do whatever we
want in the City, but if the County does not do it across the street, we maintain the same problem in the
neighborhood. We need to coordinate this with the County, and the County has to get involved.
Commissioner Winton: Well --
Vice Chairman Gort: And I know what you're saying.
Commissioner Winton: Right.
Vice Chairman Gort: And I think we should go towards that.
Commissioner Winton: Frankly, I think that if we are -- when we are successful doing it on our own, in
our own neighborhoods, the County is going to feel pressure from their constituents in those
unincorporated areas to do the same thing in their own neighborhoods that we've done in our
neighborhoods. And to wait for the County to be the agent that's going to redevelop our neighborhoods
seems to me to be the wrong thing to do.
Commissioner Teele: Mt. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I don't think there's any disagreement. I would move, then, in response to the
request that the City Attorney draft up the necessary legislation, with the permission of the -- and seek, to
seek the permission of the County to establish an Unsafe Structures Board; and further request that the
Manager meet with the County Manager to iron out any administrative details; and further, in the interim,
request that the County waive the six hundred and fifty some dollar filing fees, so as we can expedite the
filing of unsafe structures in the affected area. I would so move.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and seconded. Further discussion? Being none, all in favor, state it
by saying "aye."
The Commission (Collectively): Aye.
101 10/26/00
C
r�
The following motion was introduced by Commissioner Teele, who moved .for its adoption:
MOTION NO. 00-934
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT
NECESSARY LEGISLATION REQUESTING PERMISSION FROM
MIAMI-DADE COUNTY TO ESTABLISH A CITY OF MIAMI
UNSAFE STRUCTURES BOARD; FURTHER INSTRUCTING THE
CITY MANAGER TO MEET WITH DADE COUNTY MANAGER
MERRETT STIERHEIM TO WORK OUT ANY AND ALL DETAILS
REGARDING THE CITY'S UNSAFE STRUCTURES BOARD
PROPOSAL; FURTHER URGING MIAMI-DADE COUNTY TO
WAIVE THE FILING FEE IMPOSED ON THE HADLEY PARK
HOMEOWNERS ASSOCIATION FOR DEMOLITION OF UNSAFE
STRUCTURES IN ITS AREA.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: . None
Vice Chairman Gort: Thank you, sir. Appreciate it.
Mr. Haynes: Thank you. And we have a homeowners meeting this evening at 6:30, and the question is
being asked that -- everyone was really, really in serious anticipation of, I think, the 23rd of this month,
because that's the time when they heard that the buildings were coming down, so that our community
center could go up. We haven't seen that. The buildings are still there. So what should I tell them in
terms of a resolution for bringing down the buildings and carrying out -- getting our center up?
Commissioner Teele: Mr. Chairman, this is a Parks matter. Are you prepared to discuss the park?
Mr. Lima: Is he talking about the building at 4700 Northwest --
Commissioner Teele: No.
Mr. Haynes: I'm talking about the community center --
102 10/26/00
Commissioner Teele: He's talking about the park.
Mr. Haynes: -- at 50 Street on Hadley Park.
Commissioner Teele: I think you can tell the public, the homeowners association in particular -- and this
City designated almost nine years ago, eight years ago a resolution asking that the homeowner association
be the advisory to the City on -- I guess at that time it was called a senior center in the resolution. That's
about eight years. As you are aware, the problem of the construction prices increased again the price of
this job by approximately eight hundred thousand dollars ($800,000); that the Commission has, in fact, in
the last meeting approved the funds, and, in fact, has made those funds available. In the interim, the
successful bidder shut down their Miami -- their Florida office -- their South Florida office, and they've
relocated that office to Tampa. What's the name of the company?
Albert Ruder (Director, Parks and Recreation): Wallbridge.
Commissioner Teele: Wallbridge.
Mr. Ruder: Albert Ruder, Parks Director.
Commissioner Teele: And that the Wallbridge people have issued notices to proceed to the various
contractors, and those buildings are supposed to be down within the next two weeks. Mr.. Ruder, do you
have any more updated information?
Mr. Ruder: .I would like to call my office with Mr. Haynes. I was told that the contractor started
mobilization today. Certain activities are happening today. But I'll be happy after this, Mr. --
Commissioner Teele: Could you arrange for someone to go to the homeowners association meeting
tonight, if that's possible, Mr. Haynes, and give a current briefing on that?
Mr. Haynes: Could I arrange that?
Commissioner Teele: No, no. Could Mr. -- Could the Parks Director arrange it?
Mr. Ruder: Yeah. I mean obviously, I'll have to be here, but I'll have to be here, but I'll have one of my
staff go to the meeting.
Mr. Haynes: We'd appreciate it so very much. All right. Thank you.
103 10/26/00
25. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZE
ACQUISITION, DELIVERY AND INSTALLATION OF ELECTRICAL TRANSFORMER FOR
OPERATION OF SCOREBOARD AT ORANGE BOWL STADIUM FROM FLORIDA
TRANSFORMERS, INC. FOR DEPARTMENT OF CONFERENCES, CONVENTIONS, AND PUBLIC
FACILITIES, $12,370; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT.
Vice Chairman Gort: Christina, I think you have three more. Item 13. A resolution --
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Commissioner Sanchez: Second.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-935
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A
FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING PROCEDURES AND
AUTHORIZING THE ACQUISITION, DELIVERY AND
INSTALLATION OF AN ELECTRICAL TRANSFORMER FOR THE
OPERATION OF THE SCOREBOARD AT THE ORANGE BOWL
STADIUM FROM FLORIDA TRANSFORMERS, INC. FOR THE
DEPARTMENT OF CONFERENCES, CONVENTIONS AND
PUBLIC FACILITIES, IN AN AMOUNT NOT TO EXCEED $12,370;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 324002. .
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
104 10/26/00
•
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
105 10/26/00
26. APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE ROOF REPAIRS TO
DOCKMASTER'S OFFICE AT DINNER KEY MARINA, FROM V.V. _PAINTING, INC. FOR
DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, $12,000; WITH
FUNDS ALLOCATED FROM CAPITAL IMPROVEMENTS PROGRAM.
Vice Chairman Gort: Item 14. A resolution of the roof.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded.
Commissioner Winton: Second, with comment. Christina, when we get these kinds of repair bills,
whether it's construction, redevelopment, painting, roofing, we need a measure whereby we can compare
these things. And typically, it's some per square foot measure. So -- I mean, some of it's linear, most of
it's just per square foot. So in all of these things, can we get the per square foot number, unless it's
specifically a linear measure?
Christina Abrams (Director, Public Facilities): Sure. Public Works is the one that prepares the cost
estimate, and I'm sure they can provide that information.
Commissioner Winton: Yeah. I can't figure out anything from this. I mean, it doesn't mean anything.
So unless we can get the per square foot number, this is all just meaningless stuff. And the reason I ask
that Is because I saw pricing on something coming through the City that's coming our way, and there was
-- on some tenant improvements, and the per square foot price number on those tenant improvements was
like 38 bucks a foot. You know, 38 bucks a foot is what it costs for real nice law firms in Class A
buildings. So -- and I had to do the calculation on my own to get that figured out. So that's why I'd like
to see those.
Vice Chairman Gort: OK. Any further discussion? All in favor state it by saying "aye."
The Commission (Collectively): Aye.
106 10/26/00
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-936
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5 T11) AFFIRMATIVE VOTE RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES AND
AUTHORIZING ROOF REPAIRS FOR THE DEPARTMENT OF
CONFERENCES, CONVENTIONS ,AND PUBLIC FACILITIES FOR
THE DOCK MASTER'S OFFICE AT DINNER KEY MARINA FROM
V.V. PAINTING, INC., IN AN AMOUNT NOT TO EXCEED $12,000;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 326004.
(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
a
NAYS: None
ABSENT: . None
107 10/26/00
• 0
27. APPROVE AND CONFIRM MANAGER'S FINDING 'OF AN EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND AUTHORIZE ACQUISITION OF
ELECTRICAL REPAIR SERVICES FOR DEPARTMENT OF CONFERENCES, CONVENTIONS
AND PUBLIC FACILITIES FOR WATSON ISLAND MARINA FROM HANDSEL ELECTRIC
COMPANY, $14,848;. ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT.
Vice Chairman Gort: Item 15.
Commissioner Winton: 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. 00-937
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-
FIFTHS (4/5TH1 AFFIRMATIVE VOTE RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND AUTHORIZING THE
ACQUISITION OF ELECTRICAL REPAIR SERVICES FOR THE
DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC
FACILITIES FOR WATSON ISLAND MARINA FROM HANDSEL
ELECTRIC CO., IN AN AMOUNT NOT TO EXCEED $14,848;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 326002, INDEX CODE NO.
359301.830.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
108 1,0/26/00
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
109 10/26/00
9 •
28. AMEND RESOLUTION NO. 98-1169 TO AUTHORIZE AN INCREASE IN CONTRACT
WITH BEST GARAGE DOOR, INC. FOR MAINTENANCE AND REPAIR SERVICES OF
OVERHEAD ROLL -UP DOORS, $10;000, FROM ANNUAL AMOUNT OF $43,000 TO $53,000, FOR
DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES AND PROVIDE
FOR EXTENSION OF TERMS OF CONTRACT SUBJECT TO ANY EXTENSIONS APPROVED BY
MIAMI-DADE COUNTY; ALLOCATING FUNDS, FROM COCONUT GROVE CONVENTION
CENTER FISCAL YEAR 2000 OPERATING BUDGET.
Vice Chairman Gort: Sixteen, an amendment --
Commissioner Winton: So move.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and seconded. 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. 00-938
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 98-1169 TO: (1) AUTHORIZE AN INCREASE IN
THE CONTRACT WITH BEST GARAGE DOORS, INC. FOR
MAINTENANCE AND REPAIR SERVICES OF OVERHEAD ROLL -
UP DOORS, IN AN AMOUNT OF $10,000, FROM AN ANNUAL
AMOUNT OF $43,000.00 TO $53,000.00, THEREBY INCLUDING
THE PROVISION OF SAID SERVICES FOR THE DEPARTMENT OF
CONFERENCES, CONVENTIONS. AND PUBLIC FACILITIES, AND
(2) PROVIDE. FOR AN EXTENSION OF THE TERM OF THE
CONTRACT SUBJECT TO ANY EXTENSIONS APPROVED BY
MIAMI-DADE COUNTY; ALLOCATING FUNDS THEREFOR FROM
THE COCONUT GROVE CONVENTION CENTER FISCAL YEAR
2000 OPERATING BUDGET, ACCOUNT CODE NO.
415000.350201.6.340 FOR SAID INCREASE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
110 10/26/00
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
111 10/26/00
29. AUTHORIZE INCREASE, $40,000, IN CONTRACT WITH DEMOLITION MASTERS, INC.
TO PROVIDE PAYMENT FOR INCREASED COSTS OF DEMOLITION SERVICES DUE TO
UNDER -CALCULATION OF ACTUAL SQUARE FOOTAGE OF NINE UNSAFE STRUCTURES;
ALLOCATING FUNDS FROM 25TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS.
Vice Chairman Gort: Item 17.
Commissioner Sanchez: So move.
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. 00-939
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN AN AMOUNT NOT TO EXCEED
$40,000 IN THE CONTRACT WITH DEMOLITION MASTERS, INC.,
APPROVED PURSUANT TO RESOLUTION NO. 97-381, AND AS
AMENDED BY RESOLUTION NO. 98-125, TO PROVIDE PAYMENT
FOR INCREASED COSTS OF DEMOLITION SERVICES DUE TO
THE UNDER -CALCULATION OF THE ACTUAL SQUARE
FOOTAGE OF NINE (9) UNSAFE STRUCTURES; ALLOCATING
FUNDS THEREFOR FROM 25TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR SAID INCREASE.
(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
112 10/26/00
0
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U
30. AUTHORIZE EXECUTIVE DIRECTOR OF BAYFRONT PARK MANAGEMENT TRUST TO
ENTER INTO COMPETITIVE NEGOTIATIONS AND EXECUTE PROFESSIONAL SERVICES
AGREEMENT WITH FIRM RECOMMENDED BY AN EVALUATION COMMITTEE TO PROVIDE
EXTERNAL AUDITING SERVICES TO TRUST, FOR FY 2000 AND ALLOCATE $20,000
ANNUALLY FROM TRUST'S OPERATING BUDGET.
Commissioner Sanchez: Number 18, so move.
Vice Chairman Gort: Eighteen has been moved. Is there a second?
Commissioner Regalado: Second.
Commissioner Winton: Second. What is this? Oh.
Vice Chairman Gort: Service agreement, external auditing services.
Commissioner Winton: This is a new auditor, right, Joe? This isn't the --
Commissioner Sanchez:' Yeah. This is -- there's going to be an external auditor that we want to bring in
to look at the internal auditor, to make sure that everything is going well.
Commissioner Winton: Right. Got it.
Commissioner Sanchez: And this is basically just a cleanup of all the things that we've done at the park.
Commissioner Winton: Just not the auditor that was there when the mess was going on, right?
Commissioner Sanchez: No, no, no.
Commissioner Winton: Great. Thank you.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
113 10/26/00
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-940
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE BAYFRONT
PARK MANAGEMENT TRUST ("TRUST") TO ENTER INTO
COMPETITIVE NEGOTIATIONS AND EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH A FIRM
RECOMMENDED BY AN EVALUATION COMMITTEE TO
PROVIDE EXTERNAL AUDITING SERVICES TO THE TRUST FOR
FISCAL YEAR 2000 (OCTOBER 1999 THROUGH SEPTEMBER
2000); AND ALLOCATING FUNDS THEREFOR IN AN AMOUNT
NOT TO EXCEED $20,000 ANNUALLY FROM THE TRUST'S
OPERATING BUDGET.
(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
114 10/26/00
• 0
31. APPOINT JOHNNY MATTHEWS AND MIRIAM URRA AS MEMBERS OF CITY'S
AFFIRMATIVE ACTION ADVISORY BOARD.
Vice Chairman Gort: Nineteen. We have appointments to the Affirmative Action Advisory Board.
That's been changed. What's the new name now?
Alejandro Vilarello (City Attorney): Equal Opportunity Advisory Board.
Vice Chairman Gort: Equal Opportunity. Teele, you have one appointment. Commissioner Winton has
two appointments. Commissioner Sanchez has one appointment.
Commissioner Sanchez: Mr. Chairman, I would like to defer mine at this time.
Vice Chairman Gort: OK. Commissioner Winton.
Commissioner Winton: Same.
Vice Chairman Gort: OK. I've got a request. I have a request from the Chairman of the Board there,
please asking us to appoint individuals so that they can have a quorum. At this time, I would like to
appoint Johnny Matthews and Miriam Urra as my representatives.
Commissioner Regalado: Second.
Vice Chairman Gort: OK. Do I have a motion to accept the nominations?
Commissioner Sanchez: So move.
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.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Gort, who moved for its adoption:
RESOLUTION NO. 00-941
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI
AFFIRMATIVE ACTION ADVISORY BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
115 10/26/00
•
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: Item 20, Finance Committee. Commissioner Winton has one appointment. Mayor
Carollo has one appointment. Commissioner Winton.
Commissioner Winton: I don't have one.
Vice Chairman Gort: OK.
116 10/26/00
•
32. APPOINT MARIANO CRUZ AS MEMBER OF CIVIL SERVICE BOARD.
Vice Chairman Gort: Twenty-one, Civil Service Board.
Commissioner Regalado: I move to appoint Mariano.Cruz as the Commission at Large appointee.
Vice Chairman Gort: There's a motion to appoint Mariano Cruz. Is there a second?
Commissioner Sanchez: Second. 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 Regalado, who moved for its adoption:
RESOLUTION NO. 00-942
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A MEMBER OF THE CIVIL SERVICE BOARD
FOR A TERM 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
Commissioner Winton: He'll shake it up. He's going to do a good job.
Vice Chairman Gort: Item 22, International Trade Board. Commissioner Winton has one nomination.
Commissioner Teele has one nomination.
117 10/26/00
LJ
Commissioner Winton: Don't have one.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Temporarily pass.
118
9
10126/00
33. DEFER APPOINTMENTS TO CHARTER REVIEW AND REFORM COMMITTEE.
Vice Chairman Gort: .Charter Review and Reform. The Commission at large has a citizen of the City of
Miami who has knowledge of the City Charter, Code and government procedures and processes.
Commissioner Regalado: Mr. Chairman, I would think that it would be better if the Chairman will
suggest a Commission at Large, because he feels comfortable.
Vice Chairman Gort: I agree.
Commissioner Winton: And I'm working at that.
Vice Chairman Gort: Excellent idea.
Commissioner Winton: And I hoped to have it done today, but I didn't get it done.
Vice Chairman Gort: Commissioner Teele, you have one appointment. And Commissioner Winton, you
have an appointment.
Commissioner Winton: Working on both of them. I thought I'd have them done today, but I couldn't get
them.
Commissioner Teele: I may have mine done later.
Vice Chairman Gort: Okie doke.
Commissioner Winton: We had a meeting, by the way, this week, and we have another one scheduled for
November 6th for you all's benefit.
Vice Chairman Gort: Parks Advisory Board. Commissioner Teele has one nomination, and Mayor
Carollo has another nomination -- appointment.
Commissioner Teele: Temporarily pass it.
Vice Chairman Gort: OK.
119
10/26/00
0
Vice Chairman Gort: Waterfront Advisory Board. Commissioner Teele, you have one appointment and I
have one appointment. Commissioner Teele?
Commissioner Sanchez: Temporarily pass.
Vice Chairman Gort: Temporarily pass. I would like to appoint Vanessa Acosta. Do I have a motion to
approve?
Commissioner Regalado: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: It's moved and seconded. Any further 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 Regalado, who moved for its adoption:
RESOLUTION NO. 00-943
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
AN INDIVIDUAL AS A REGULAR MEMBER OF THE
WATERFRONT ADVISORY BOARD FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
120 10/26/00
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
121 10/26/00
0
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35. APPOINT MARLEINE BASTIEN, LUISA GARCIA-TOLEDO, ROSA ARMESTO, LINDA
CESAR NOEL, PINKY SANDS, JOSEFINA SANCHEZ-PANDO, ALLYSON WARREN AS
MEMBERS OF MIAMI COMMISSION ON STATUS OF WOMEN.
Vice Chairman Gort: Twenty-six. Commission on the Status of Women. We each have two
appointments.
Commissioner Winton: I have one to make at this time
Vice Chairman Gort: Go right ahead, sir.
Commissioner Winton: Marleine Bastien.
Vice Chairnlan Gort: OK. Anyone else?
Commissioner Sanchez: Luisa Garcia -Toledo, who appointed her? Is somebody here going to appoint
her?
Vice Chairman Gort: You're welcome to do so.
Commissioner Sanchez: I will move Luisa Garcia -Toledo.
Vice Chairman Gort: OK. Commissioner Teele.
Commissioner Teele: Linda Cesar -Noel and Pinky Sands.
Vice Chairman Gort: OK. Commissioner Regalado.
Commissioner Regalado: Josefina Sanchez-Pando, Allyson Warren.
Vice Chairman Gort: OK. There go all my appointments.
Commissioner Sanchez: I have one more. Rosa Armesto.
Vice Chairman Gort: No, you can only do two.
Commissioner Sanchez: I only did one. I'm entitled to two.
Vice Chairman Gort: OK. I'll give you another one. Go ahead.
Commissioner Sanchez: Rosa Armesto. Let's just appoint everybody on the list.
Commissioner Winton: Pick them out.
Commissioner Sanchez: Pick them out.
122 10/26/00
i
Vice Chairman Gort: Anyone else? I have one appointment. I'll bring it up later on. Do I have a motion
to approve the nominations, to move the nominations?
Commissioner Sanchez: Motion.
Commissioner Winton: So move.
Commissioner Regalado: 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 motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-944
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN:
MARLEINE BASTIEN (nominated by Commissioner Winton); LUISA
GARCIA-TOLEDO AND ROSA ARMESTO (nominated by
Commissioner Sanchez); LINDA CESAR-NOEL AND PINKY SANDS
(nominated by Commissioner Teele); JOSEFINA SANCHEZ-PANDO
AND ALLYSON WARREN (nominated by Commissioner Regalado).
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
Vice Chairman Gort: Item 27 we already discussed. Item 28 has been changed.
123 10/26/00
36. COMMENTS BY COMMISSIONER WINTON REGARDING RUNNING OUT OF FOOD
DURING FSU FOOTBALL GAME AND HOW CITY WAS PUBLICLY BLAMED FOR IT ON
RADIO PROGRAM.
Vice Chairman Gort: We'll go into Commissioners' items now. I don't have any. Commissioner
Winton.
Commissioner Winton: I have one. This is a very pressing issue. Actually, it is. It's kind of serious.
FSU (Florida State University)/Miami football game. At the end of the first quarter, the concessionaires
ran out of virtually everything, which you and I both know about, a number of us who were at the game
experienced. But it seemed to me that I heard a rumor that -- and as I understand it, the concessionaire
was responsible for ordering all of the provisions for the public at the stadium; is that correct?
Christina Abrams (Director, Public Facilities): Yes.
Commissioner Winton: So the City doesn't order any of the provisions for the guests at the Orange Bowl?
Ms. Abrams: That's correct.
Commissioner Winton: And I heard also that the concessionaire and radio, sports radio has been killing
the City all week. I mean, they're still killing the City, beating the tar out of the City over that mess at the
FSU/Miami game. And I heard a rumor that the concessionaire actually went on sports radio and blamed
the City. Did someone hear that?
Carlos Gimenez (City Manager): Well, I heard that, yeah. Actually, I was listening to the radio at the
time, and what he said was that the physical makeup of the Orange Bowl made it impossible for him to
stock enough materials. Of course, the physical makeup of the Orange Bowl hasn't substantially changed
for, you know, "X" number of years, and we've had sellouts at the Orange Bowl forever. So as soon as I
heard that, I was a little bit upset at the individual. And we called him up and told him that, in no
uncertain terms, that we were upset about it; and that if his performance did not, you know, come up to
our standards for the next game -- and the next really big game will be Virginia Tech., and we expect
another sellout there -- that his whole contract is in jeopardy. He has assured us that he will -- that he
basically underestimated the demand, that he probably didn't do as good a job as he could have to get the
supplies up there. There may have been some logistical problems in terms of getting some of the ramps
that he needed to re -supply them cleared, and we're going to take care of those issues. But for the most
part, 99 percent of the problems were the vendor's problems, not the Orange Bowl's problem.
Commissioner Winton: Well, do we have any mechanism to encourage him strongly to go back on sports
radio and `fess up for the blame, as opposed to continuing laying it on us?
Mr. Gimenez: He did that.
Commissioner Winton: He did do that?
Mr. Gimenez: He did that, and he understood what my position was, that I wanted him to go back on
sports radio to retract what he said, and he did. But, you know, sports commentators are what they are.
124 10/26/00
•
They'll try to blame the City. And I know that one of those particular sports commentators do not like the
Orange Bowl in particular, and so he's going to take whatever shots he -can at the Orange Bowl whenever
he can.
Commissioner Winton: Well, he's a "loon." The Orange Bowl's great.
Commissioner Sanchez: Johnny, just for the record, it was the third largest gathering at the Orange Bowl.
I mean it was packed. There were people sitting on the ramps. That was part of the problem.
Mr. Gimenez: Well, one of the problems is he --
Commissioner Sanchez: So he couldn't get to his supply.
Mr. Gimenez: It was the third largest, but the other issue was it was a noon game. And there's
differences in the consumption of those items from a noon game versus a 6 o'clock game. So the next
game, again, Virginia Tech. is a big game.
Commissioner Sanchez: Thank God it was at noon, a noon game.
Mr. Gimenez: So he -- we should have no excuses, and he'd better not have any excuses for the next
game coming up.
Commissioner Winton: Well, you know, there could be a much larger crowd than people anticipate at this
coming game this weekend. And I hope he is prepared for that kind of thing. OK.
Mr. Gimenez: I think he's ready, also.
Vice Chairman Gort: Okie doke. Thank you.
125 10/26/00
37. APPOINT PAULINE RAMOS AS MEMBER OF COMMISSION ON STATUS OF WOMEN
(See #35 and 49).
Commissioner Sanchez: Mr. Vice Chairman, I have several Commissioner items.
Vice Chairman Gort: Before you go on, I'd like to name one of my Status Women.- Pauline Ramos will
be my appointment. Can I have a motion to accept the nomination?
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved.
Commissioner Sanchez: Second.
Vice Chairman Gort: Seconded. 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. 00-945
A MOTION APPOINTING PAULINE RAMOS AS A MEMBER OF
THE COMMISSION ON THE STATUS OF WOMEN.
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
126 10/26/00
38. INSTRUCT MANAGER TO MEET WITH CAROLINA NAVARRO TO NEGOTIATE
AGREEMENT IN CONNECTION WITH DECORATIVE SIDEWALK MOLDINGS ALONG S.W. 8"
STREET "STARS IN CALLE OCHO."
Vice Chairman Gort: Yes, sir
Commissioner Sanchez: Mr. Chairman, my item A is a discussion concerning the Stars on Calle Ocho.
As you know, Carolina Navarro, each and every one of you, I believe, has had the opportunity to sit down
with her on the Calle Ocho Stars, which is something that has given Calle Ocho some good publicity.
This incident has gone on for quite some time now wherethere has been some litigation between herself
and another party pertaining to who has the right to put these stars on Calle Ocho, which is basically used
by a lot of tourists who visit Calle Ocho, and they visit the stars. I would make this very brief and ask the
City Manager to sit down with Carolina Navarro, prepare an agreement to come back for approval of this
Commission.
Vice Chairman Gort: Let me ask you a question. My understanding is there was already an existing
agreement in place.
Alejandro Vilarello (City Attorney): That agreement has been terminated.
Vice Chairman Gort: OK. So you need to create another one.
Mr. Vilarello: There was an agreement that was discussed at one time, and it did not -- and the
Commission, in fact, directed it to be --
Vice Chairman Gort: OK.
Mr. Vilarello: -- reviewed by the City Manager, and then the litigation ensued.
Vice Chairman Gort: OK. There is a motion by Commissioner Sanchez. Is there a second? Is there a
second? Hello? Second?
Commissioner Regalado: I will second that.
Vice Chairman Gort: Motion and a second. Discussion? Being none, all in favor, state it by saying
«aye „
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
127 10/26/00
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-946
A MOTION INSTRUCTING THE CITY MANAGER TO MEET WITH
CAROLINA NAVARRO TO NEGOTIATE AN AGREEMENT IN
CONNECTION WITH DECORATIVE SIDEWALK MOLDINGS
ALONG S.W. 8TH STREET "STARS IN CALLE OCHO'% FURTHER
DIRECTING THE MANAGER TO BRING SAID ISSUE BACK IN THE
FORM OF A NEGOTIATED AGREEMENT AT THE NOVEMBER 16,
2000 COMMISSION MEETING.
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
Vice Chairman Gort: Any other items?
Commissioner Sanchez: Can it be brought -- if you're able to come to an agreement with the City
Manager, could it be brought December the 16th. -- no -- the 14th? Would it be reasonable, Mr. City
Manager?
(INAUDIBLE COMMENT)
Vice Chairman Gort: Yeah. Thank you.
Commissioner Sanchez: OK, November. I'm sorry. November the 16th?
Mr. Gimenez: It's on the next one.
Commissioner Sanchez: OK. Thank you.
128 10/26/00
39. ADOPT RECOMMENDATIONS OF ORANGE BOWL STEERING COMMITTEE TO PERMIT
ORANGE BOWL TO RETAIN EXCESS FUNDS IN ITS OPERATIONAL ACCOUNT ABOVE ITS
TOTAL ESTIMATE REVENUES CONTAINED IN ITS ESTIMATED BUDGET AND RETAIN A
DESIGNATED PERCENTAGE OF ITS EXCESS REVENUES AFTER EXPENDITURES TO BE
DIRECTLY REINVESTED IN FACILITY; FURTHER DIRECTING MANAGER TO ESTABLISH AN
ACCOUNTING SYSTEM TO ACCOMPLISH SAME.
Commissioner Sanchez: The other item is `B," which is a resolution -- a recommendation of the Orange
Bowl Steering Committee that was made that any surplus money coming out of the Orange Bowl will go
back to the Orange Bowl. I have had several discussions with the Budget Department on this, and we
have been able to seek the proper spreadsheet now with the numbers, so we could see if there's any
additional funds that are surplus, so we could put it back into investing in the Orange Bowl, which is an
historic stadium in our community.
Commissioner Teele: Second the motion.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Sanchez: Well I -- wait. There's -- Before we go on, I want the Budget Department to
work with the Orange Bowl Steering Committee to create a long-term proposal for the Orange Bowl
renovation. And Mr. Teele, if you would allow me for a minute. We all know, and I don't want to start
bringing things up, but we go back to fuzzy math. We look at the money that comes from the tourist taxes
now. Basically, all of that money, which the tourist tax should go to certain sporting venues in our
community, basically, all that money is going into the Knight Center. I know that the best thing is to sit
down with the Department, instead of rushing into something and coming up with something that we
could all agree that would benefit the Orange Bowl. So at this time, I want to take things in tiny steps, and
basically just ask that the Budget Department work with the committee that's there in the Orange Bowl to
create a long-term proposal for the Orange Bowl renovation.
Commissioner Teele: Second the motion.
Vice Chairman Gort: There's a motion and a second. Is there any discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Thank you.
129 10/26/00
The following resoluti6n was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-947
A RESOLUTION OF THE MIAMI CITY COMMISSION ADOPTING
THE RECOMMENDATIONS OF THE ORANGE BOWL STEERING
COMMITTEE TO PERMIT THE ORANGE BOWL: (1) TO RETAIN
EXCESS FUNDS IN ITS OPERATIONAL ACCOUNT,. ABOVE ITS
TOTAL ESTIMATED REVENUES CONTAINED IN ITS ESTIMATED
BUDGET, WHICH EXCESS FUNDS SHALL BE DIRECTLY
REINVESTED IN THE FACILITY; AND (2) TO RETAIN IN ITS
OPERATIONAL ACCOUNT A DESIGNATED PERCENTAGE OF ITS
EXCESS REVENUES, AFTER EXPENDITURES, TO BE DIRECTLY
REINVESTED IN THE FACILITY; FURTHER DIRECTING THE CITY
MANAGER TO ESTABLISH AN ACCOUNTING SYSTEM TO
ACCOMPLISH SAME.
(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
130 10/26/00
40. AUTHORIZE AND DIRECT MANAGER TO INSTRUCT PLANNING DEPARTMENT TO
CONDUCT TRAFFIC AND DEVELOPMENT STUDY RELATED TO VIZCAYA METRORAIL
STATION SADD (STATION AREA DESIGN AND DEVELOPMENT).
Commissioner Sanchez: Mr. Chairman, the other issue is a discussion concerning future development of
the Vizcaya Metrorail Station. Several surrounding homeowners, such as the Roads Homeowners
Association, and the Brickell Homeowners Association and the Vizcaya Homeowners Association have
basically been in a multi-year litigation process to try to stop any development in Vizcaya. Of course,
that's where the Children's Museum came about. And the homeowners have asked that they be heard on
this issue to see if they could put an end to any development that goes into that site. This is the second
litigation that they have been involved in. They were involved in the Vizcatran transfers and now with the
Children's Youth Museum. So at this time, I'd like to turn it over to the -- one of the representatives from
the homeowners.
Joe Wilkins: Good afternoon. Joe Wilkins, 228 Southwest 23rd Road. I'm on the board of directors of the
Miami Roads Neighborhood Civic Association. As the Commissioner pointed out, this station has been a
thorn in our sides for well over ten years. This station, unlike most of the other Metrorail stations, is a
little island in a single-family neighborhood. All the expectations for Metrorail that existed when the
station was built have not materialized. Our neighborhood is and will remain a single-family
neighborhood. We ensured that about ten years ago when we had the comprehensive neighborhood plan
changed to maintain the single-family neighborhood. The problem that exists now is on the station lot
itself And while we realize that this is a County property, we would like to start with the City before we
go to the County. Our goal is to have that station, particularly the parking lots, which were the last area
that we had to fight over, regarding a facility there that was inappropriate. We want that parking lot to
remain a parking lot. Right now, there is a kind of a gap in the station area plan, which kind of allows for
just about anything. We want it to remain parking, and possibly increase landscaping. We would like to
ask the City to support this request, and specifically to ask their Planning Department -- We'd like to go
to the County not only with the good graces of the City Commission, but with some facts from the City
Planning Department, and to ask the City Planning Department to look at this area and to find, as we hope
the inevitably will, that this is an area that is inappropriate for anything -- any form of development other
than parking for the station. So we would like for you to support us on that, and to direct the Planning
Department to do a study, so we can have some facts when we go to the County and ask them the same
thing.
Vice Chairman Gort: Mr. Wilkins, I think this Commission has proved in the past that we agree with you.
And my question is to the Law Department. What kind of resolution can we pass so that this could take
place? And what I would like to do is have our Planning Department do the study, because this is a
different station. Traffic flow in that station -- anything you build in there is going to create a problem,
because the roadways are not there to take any heavy traffic that would be created by any new facility
being built there. So what I would like to know is, what kind of resolutions can we do, and how can we
go about it?
Joel Maxwell (Assistant City Attorney): Well, Commissioner, Mr. Chairman, two things you need to keep
in mind here. One, if the development that they're talking about occurs within the transportation corridor,
that's under the County's control, not the City's control. Any development outside of that area, of course,
falls within your jurisdiction. The thing right now would be a resolution simply directing the
131 10/26/00
• 9
administration to initiate whatever studies are necessary, to come back to the City Commission after you
get those studies, and then you would make a recommendation to the County. Anything at this point, I
think would be premature.
Vice Chairman Gort: OK.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Gort: Yes. Mr. Tucker, let me -- you want to hear from Tucker Gibbs?
Commissioner Sanchez: Yes, yes.
Vice Chairman Gort: Mr. Gibbs.
Tucker Gibbs: OK. My name is Tucker Gibbs, and I'm representing the Miami Roads Neighborhood
Community Association. And I know I got it wrong, but the issue here is the SADD (Station Area Design
and Development), which is the County document that governs the use of the station. And originally, that
document had said that the land use was going to be high-rise. And what we'd like you to do is
specifically instruct your Planning Department to come up with a study to deal with a permanent solution.
Absent that, the County can do whatever it doggone well pleases with that property.. So we need the City
to initiate that plan with the Planning Department to affect a permanent solution, so we can avoid this kind
of problem in the future.
Vice Chairman Gort: We'll do that. Commissioner Sanchez, you have a motion?
Commissioner Sanchez: Yes. The motion is to direct the City Manager to conduct a study, a traffic study
of the area, and then come back to the Commission for us to make --
Mr. Gibbs: More than a traffic study.
Mr. Wilkins: Traffic and development.
Mr. Gibbs: It's a development study.
Commissioner Sanchez: Traffic and development?
Mr. Wilkins: Yes.
Commissioner Sanchez: So a traffic and development study and come back to this Commission:
Mr. Gibbs: Relating to the SADD. That's the key, is the SADD.
Vice Chairman Gort: Right. OK.
Commissioner Sanchez: On the record, related to the SADD.
132 10/26/00
Mr. Maxwell: That's fine. But remember, nothing would occur. They'll simply do the study. They come
back to you at that point with the results of that study.
Vice Chairman Gort: I understand. But with that study, at least we have some argument. We can go to
the County and tell them, look, County, we understand what your intent was when you put all this
together, but that is not working. This is one area, which is exceptional from all the other areas, because a
traffic flow does not exist there. OK. There's a motion. 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.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-948
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO INSTRUCT THE PLANNING DEPARTMENT TO
CONDUCT A TRAFFIC AND DEVELOPMENT STUDY RELATED
TO THE VIZCAYA METRORAIL STATION SADD (STATION AREA
DESIGN AND DEVELOPMENT); FURTHER DIRECTING THE
MANAGER TO REPORT BACK TO THE COMMISSION UPON
COMPLETION OF SAME.
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 G6rt: Now, I have a question. When we had the settlement of the first suit, the City took
ownership of that land. That land is still there. What's being done there?
Mr. Maxwell: I think you're talking about a case many, several years ago. That was private property.
That wasn't public property. That wasn't the County's property there. That was a project -- I think we
paid like eight hundred thousand dollars ($800,000) for that land.
133 10/26/00
Vice Chairman Gort: Right, yeah.
Mr. Maxwell: That was private land. Of course, .you still exercise jurisdiction over the private property.
Vice Chairman Gort: That was my "welcome" to this. Commission. That was private. That's privately
owned, right?
Mr. Maxwell: Well, it was, yes.
Mr. Wilkins: Those lots were privately owned. However, there was a Southwest 22nd Terrace Street that
had been granted to the owner, and as part of the Vizcatran settlement, that street was to be returned to a
public right-of-way, to avoid that area from ever going through the same thing again.
Vice Chairman Gort: To avoid that, right.
Mr. Wilkins: That should be part of the study, also, to look into what was promised at that time, which
was that street would be made a public street again.
Vice Chairman Gort: And we set back the zoning to R2, is my understanding, right? OK. I just wanted
to check on that one. Thank you.
134 10/26/00
41. AUTHORIZE CITY ATTORNEY TO TAKE ALL ACTIONS NECESSARY TO SAFEGUARD
AND PROTECT INTERESTS OF CITY AS DIRECTED BY CITY COMMISSION, INCLUDING
LITIGATION OR ANY METHOD REQUIRED RELATED TO FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES' ENFORCEMENT OF CITRUS CANKER
ERADICATION PROGRAM, SUCH AS MANDATING RELIEF FROM STATE'S DUE PROCESS
VIOLATIONS AGAINST CITY RESIDENTS AND PROPERTY OWNERS FOR EACH DESTROYED
TREE, AND COMPLETE REMOVAL BY STATE OF ALL CONSEQUENTIAL PROGRAM DEBRIS
AND REIMBURSEMENT TO CITY OF ALL COSTS INCURRED BY CITY FOR REMOVAL OF
PROGRAM DEBRIS.
Vice Chairman Gort: Any other item, Commissioner Sanchez?
Commissioner Sanchez: Mr. Chairman, I have one more other item of great importance, and that is the
Citrus Canker Eradication Program. Of course, by now, you've all heard the horror stories in
confrontations that have existed throughout our County, throughout our City, which is what we are
concerned with. And you are aware that South Miami and Pinecrest have filed a lawsuit, which, as of
now, they have agreed to a settlement agreement. However we -- this agreement only applies to South
Miami and the Village of Pinecrest. In other words, the City of Miami does not benefit from this lawsuit
unless we become a plaintiff. I have received numerous calls to my office, people complaining on how
the process has existed. Of course, no proper notification. We all know that the due process does not
exist. People that have every right to ask questions of why are we -- why are you cutting my -- you know
-- citrus trees down? I wonder how Mr. Crawford would feel if we woke up this morning and saw people
jumping over his fence, you know, with saws to cut down his trees. One of the things of great concern is
that people have the right to ask questions as what tree is contaminated within the radius of 1,900 feet, and
they, of course, are not getting the proper response back. One of the other questions that has been brought
up in this lawsuit has been that there is no training. Plant pathologists are turning out to be temporary
workers that are sought out of unemployment offices to work, which I have no problem with that. And I
don't have a problem, either, with the canker -- cutting down the trees if there is justification. However, a
lot of people think that the process that exists today, they don't have every right to appeal process. It costs
them money. Of course, they know the argument is being made that the tree cutters out there are making
ninety-six dollars and twenty-five cents ($96.25) for every tree that's being cut. That continues to be a
concern when they walk in a yard and cut down -- and I have heard as much as 20 some trees that are
being cut down. So I think that us being the elected officials that are protecting the taxpayers of our City -
- I did want to ask the City Manager a question pertaining to if we -- if we were to support in resolution
form, we won't have -- they won't honor the agreement if it's a resolution supporting that? We would
have to be plaintiffs in the lawsuit or file a lawsuit ourselves?
Joel Maxwell (Assistant City Attorney): There's an ongoing lawsuit right now. We could either move, --
direct us to intervene in a lawsuit. The court will grant intervention. Otherwise, the remedies right now
would not apply to the City of Miami. You would probably have to negotiate that with the Department of
Agricultural.
Commissioner Regalado: Excuse me. There are six cities that are joining today --
Mr. Maxwell: That's right. But we're not now -- we're not now a party.
135 10/26/00
Commissioner Regalado: Right. But we are not one of the six.
Commissioner Sanchez: That is why I'm bringing this out. I would like to direct the City Manager to --
Commissioner Regalado: No, the City Attorney.
Commissioner Sanchez: The City Attorney -- I'm sorry -- the City Attorney to join in the lawsuit as a
plaintiff in this lawsuit.
Mr. Maxwell: Yeah. As the City Attorney just pointed out, this resolution right now says, "Seek
whatever remedies that are appropriate." And that would either be to join the lawsuits now in progress, or
file our own lawsuit.
Commissioner Sanchez: Well, we prepared a resolution that you have in front of you, correct?
Mr. Maxwell: Yes, I do.
Commissioner Sanchez: That's the resolution that I move forth, so, so move that, that we protect the
taxpayers of our City that have basically, in many ways, have been abused by the process. They believe
that the process does not exist for them to protect themselves. They believe that in the process of
eradication of the trees, they have asked for them to identify which tree is infected within 1,900 feet, and
they're not getting the correct answer. You know, as a Commissioner, it's been brought to my attention.
I'm sure it's been brought to many of the Commissioners in this dais, and therefore, I move that
resolution.
Mr. Maxwell: Could I read the title of this reso, even though it's not an ordinance, Commissioner?
Commissioner Sanchez: Excuse me?
Commissioner Regalado: Excuse me.
Mr. Maxwell: Since you haven't -- you haven't read from it, can I read the title into the record?
Commissioner Sanchez: Yes.
Commissioner Regalado`. Could you yield just one second, Commissioner Sanchez?
Commissioner Sanchez: Yes.
Commissioner Regalado: This suit, ongoing, is different to the one that South Miami and Pinecrest
participated in. Is it that the six are joining? Because they had. a ruling already in terms -- they're
discussing a settlement, right?
Mr. Maxwell: Not having been a part of their lawsuits, Commissioner, I can't comment.
Commissioner Regalado: No, I understand.
136 10/26/00
0 1 9
Mr. Maxwell: Are you familiar?
Commissioner Regalado: I understand but --
Mr. Maxwell: Yeah. Let me let the City Attorney address that issue. He's familiar with that.
Commissioner Sanchez: But if I may, I have a draft of the settlement agreement. And in.this.settlement
agreement, the agreements that have been discussed and agreed by the Agricultural Department and the
City of Pinecrest and South Miami clearly gives them an upper edge on this. We do not benefit from
these. Only those two cities and any other city who wants to join in on the lawsuit will benefit from this.
And, of course, you would -- you would either negotiate to accept this agreement, the City would accept
this agreement also, and that way, our residents will also be protected under this agreement.
Alejandro Vilarello (City Attorney): We would have our own independent agreement. The Department
of Agriculture has before it the same conditions in those six cities that exist in the City of Miami.
Certainly, we would be entitled, at a minimum, to the same considerations they're providing to the City of
South Miami and Pinecrest.
Vice Chairman Gort: I'd like to amend it if possible.
Commissioner Sanchez: Yes, sir.
Vice Chairman Gort: We had some discussion yesterday in the Dade County -- Miami -Dade League of
Cities. My understanding is the state government is doing restitution to the growers and people in the
citrus industry. I think we passed a resolution that we're going to recommend to the Miami -Dade League
of Cities where it should be considered, because I think it was ridiculous, the offer of a hundred dollars
($100) to those individuals that lost their trees, and they had to go to K -Mart to buy whatever they needed
to. I think that should be -- Because I was at my dad's house when they came in the other day and --
Commissioner Regalado: It's Walmart.
Vice Chairman Gort: Oh, Walmart. OK, I'm sorry. Well, we advertised two individuals.
Commissioner Regalado: And they don't have trees. They've run out of trees.
Vice Chairman Gort: They will be future. sponsors. And I think somehow, in the future, we should be
able to plant those trees back.
Commissioner Sanchez: And I do believe that they are in the process of cutting trees down in the City. I
would like to know what percentage --
Vice Chairman Gort: Oh, they've been doing it.
Commissioner Sanchez: Well, they've been doing it, but I think that the percentage is small, because
they've been concentrating on West Dade County.
137 10/26/00
•
Commissioner Regalado: No, no, no. They are in force.
Commissioner Sanchez: How many people here have lost trees to --
(INAUDIBLE COMMENT)
Commissioner Sanchez: How many trees did you lose?
(INAUDIBLE COMMENT)
•
Commissioner Sanchez: And they only give you a hundred dollars ($100), right? Were you properly
notified?
(INAUDIBLE COMMENT)
Commissioner Sanchez:. So that continues. See, first of all, it takes to file a lawsuit to get respect. And
when people are not allowed a due process -- you go and try to appeal this process. It's a kangaroo court
to start off with, and you're going to spend close to five hundred dollars ($500) for nothing. So I think
Robert Parente would like to say something. So I make the motion to move this.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Regalado: I'll second the motion, but if you would accept a brief amendment to it.
Commissioner Sanchez: What was your amendment?
Vice Chairman Gort: That they may receive restitution, just like the growers.
Mr. Vilarello: To request restitution for the value of the trees that were removed.
Commissioner Sanchez: I'll accept that from the amendment.
Commissioner Regalado: My amendment is to direct the City Attorney to include in any or all settlements
the need for the citrus canker teams to pick up the.trees that they cut. See, in some areas of the City, they
have these (unintelligible) machines that mulch the trees. But in different areas -- and I've gotten calls,
and I have gone there. In your district, Willy, I've seen three places that they didn't have this mulching,
and they just cut the trees and put it there for the City to pick up. And I've seen it. And they've done that
in two areas in Shenandoah that I've seen. I don't know of anybody else. But the problem is that not only
they are using the City resources, but by leaving those trees that are sick on the right-of-way, on the swale
areas, and the wind, they are creating more problems. So I would ask to request that mandatory, they cut,
they take those trees.
Frank Rollason (Assistant City Manager): Mr. Chairman, this is Frank Rollason, Assistant City Manager.
We have been in contact with the program. And the way it is explained to us is that those trees that are
contaminated, they mulch and remove on site right there. Those that are removed in the radius that are not
138 . 10/26/00
sick trees, but are removed as a preemptive strike to keep it from spreading, those are the ones they leave
by the side. We can try to seek restitution for that. I've been -- in my conversations with Clarence
Patterson, who is the Director of Solid Waste; the impact at this point has been negligible on us as far as
the amount that we've had to. haul away, what the impact has been. But, you know, we certainly have no
problem with trying to recover restitution for that amount, a tipping fee.
Commissioner Regalado`. Fine.. But Frank, if they want to cut it, they have to take it. I mean we -- it's
not our doing.
Mr. Rollason: I understand.
Commissioner Sanchez: Can we hear someone from the public?
Vice Chairman Gort: Would you accept the two amendments?
Commissioner Sanchez: Yes, sir.
Vice Chairman Gort: OK. Is there any further discussion?
Commissioner Sanchez: I believe that someone wants to speak on this.
Vice Chairman Gort: Yes, sir.
Robert Parente: Commissioners, the way I understand the lawsuits -- I think Commissioner Regalado is
right -- the South Miami and Pinecrest lawsuits were settled, and they kind of caved in. But the professor
from the University of Miami, Fred Westfall, is pressing forward.
Commissioner Regalado: With six cities.
Mr. Parente: And I believe that's the suit you should join.
Commissioner Regalado: That's what I'm saying.
Mr. Parente: Folks, this program has been so horribly run. The due process fact -- I called, took me all
day. You pay two hundred and fifty dollars ($250) to the Third District Court of Appeals, and they -tell
you, by the way, the state can still come take your trees tomorrow. That's like granting somebody
clemency and telling them, by the way, you're going to the electric chair in the morning. Leaving the
trees behind, whether they're infected or not, they claim -- it's totally against the mitigation process they
put in place to stop .the spread of the disease. But let me tell you, folks, they are spreading this stuff in the
air with the chippers. The chainsaw .guys have no mitigation. They just blow the stuff all over. I
demanded, though they would not tell me -- They said, "Your tree is healthy, but it's coming out." OK?
It's been there 40 years, but the tree is coming out, because they would not tell me where the infected tree
was. So they're cutting in Hollywood, Florida. They're cutting -- they're starting to head to Fort
Lauderdale. It has jumped. There is no reason to cut Healthy trees anymore here, none. They can cut the
diseased trees out. They do not need to cut the healthy ones. So I would say join the lawsuit of the six
cities with that professor from the University of Miami. I wish I had more information for you, but that's
139 1 10/26/00
n
the one. And let me tell you, there's enough people in our communities who've already been through the
trauma once in their life in the `60s, when a state agent knocked on their door and says, "We're taking
them from you." We don't need that anymore.
Commissioner Sanchez: Well, we can all agree on one thing. It's a program that's out of control.
Mr. Vilarello: Mr. Chairman, can the speaker identify himself, please?
Vice Chairman Gort: He did. Bob Parente. He did.
Mr. Parente: What do you want to know? Who I am?
Vice Chairman Gort: Yes.
Mr. Parente: Robert Parente, 751 Southwest 27`x' Road, Miami.
Vice Chairman Gort: Thank you.
Mr. Parente: And you'll be seeing me again today.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
140 10/26/00
0
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-949
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL
ACTIONS NECESSARY OR PERMITTED TO SAFEGUARD AND
PROTECT THE INTERESTS OF THE CITY OF MIAMI, AS
DIRECTED BY THE CITY COMMISSION AT ITS MEETING OF
OCTOBER 26, 2000, INCLUDING LITIGATION OR ANY METHOD
REQUIRED RELATED TO THE STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES'
("STATE") ENFORCEMENT OF THE CITRUS CANKER
ERADICATION PROGRAM ("PROGRAM"), SUCH AS
MANDATING: (1) RELIEF FROM THE STATE'S DUE PROCESS
VIOLATIONS AGAINST CITY OF MIAMI ("CITY") RESIDENTS
AND PROPERTY OWNERS; (2) REPLACEMENT COST
RESTITUTION BY THE STATE TO ALL AFFECTED CITY
RESIDENTS AND PROPERTY OWNERS FOR EACH DESTROYED
TREE, AND (3) COMPLETE REMOVAL BY THE STATE OF ALL
CONSEQUENTIAL PROGRAM DEBRIS, AND REIMBURSEMENT
TO THE CITY OF ALL COSTS INCURRED BY THE CITY FOR
REMOVAL OF PROGRAM DEBRIS.
(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
141 10/26/00
42. URGE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS AND BUILDING
OFFICIAL TO TAKE ALL STEPS NECESSARY TO EXTEND AMNESTY PERIOD GRANTED
PURSUANT TO MIAMI-DADE COUNTY ORDINANCE (ORDINANCE NO. 97-107) AND
RESOLUTION NO. R-1455-98 FOR BRINGING CONSTRUCTION, REPAIRS AND ADDITIONS
BUILT WITHOUT PROPER PERMITS WHICH EXPIRED WITHOUT ISSUANCE OF
CERTIFICATES OF COMPLETION FROM OCTOBER 29, 1957 THROUGH JULY 1997 INTO
CONFORMANCE WITH PROVISIONS OF SOUTH FLORIDA BUILDING CODE FROM ENDING
DECEMBER 31, 2000 TO NO EARLIER THAN JUNE 30, 2000 -- (ILLEGAL UNITS).
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: OK. Mr. Chairman, I have several items. One is a discussion concerning
extending the amnesty period established in the City of Miami, Resolution 99-206 to June 30th of 2001.
And what -- we were told last week that we had to request this from the County. And that's basically
what I am doing right now.
Hector Lima (Acting Director, Building): If I may, Commissioner. Again, Hector Lima with the Building
Department. The City will have to extend it, but we have to wait until the County extends theirs. This
Ordinance 99 is ours, but we cannot extend it until the County has extended theirs.
Commissioner Regalado: No, I understand. And that's why we were told that this resolution is just a
request to the County in order for them to extend their amnesty. That's all.
Commissioner Winton: Commissioner Regalado, can you explain this to me?
Commissioner Regalado: Yeah. There was an amnesty period by the County, adopted by the City,
whereby people with legal units would have time, without fines, to go out and seek permits and demolish
what they have to do, and all that. The County did that, and it worked very well in the unincorporated
areas. I don't know how well it has worked here in the City. Some people know, some people don't
know about it. In fact, some people have tried to do this, and some local NET (Neighborhood
Enhancement Team) Inspectors have told them, "I don't know anything about that," you know. So.
Mr. Lima: I'm sorry to hear that, because we put --
Commissioner Regalado: Well, we know of one case only, to be fair.
Mr. Lima: Right. We put a program together. We met with the NET Administrators, and we gave them
all the brochures, to make sure that they passed them out, that this program was available in the City of
Miami since 1997.
Commissioner Regalado: To be fair, just one case that it didn't work out. But I think that you guys fixed
it afterwards. So that's basically our request to the County.
Alejandro Vilarello (City Attorney): Mr. Chairman, the Commission, in fact, has already passed a
resolution requesting that the County do this. This resolution, in fact, extends the deadline if the County
extends its deadline.
142 10/26/00
Vice Chairman Gort: Extends it automatically. OK.
Commissioner Regalado: So can we pass this, and, you know, predicate it on what the County will do?
Mr. Vilarello: Yes. Yes, you may.
Commissioner Regalado: I think the County is going to extend it, anyway.
Commissioner Winton: Could I ask a question about this? I mean, how long have we had. an amnesty
period going? If this is an extension, how long has it been going?
Mr. Lima: Since 1997. It was put into the South Florida Building Code from '97 up to the year 2000.
December 2000, the amnesty period would elapse.
Commissioner Winton: So, Commissioner Regalado, is it your intent -- is this going to be the end of the
extensions, or are we just going to keep extending this?
Commissioner Regalado: No. I think that this will end. And what I'm doing is I'm following some
information from the County that they're going to do this. And they think that if they do that for this
certain period, they will be finished with all the illegal units that they have. I don't know about us. But
certainly, that's their timetable.
Commissioner Winton: Well, at least in District 2, I get the sense that throughout the City; we have a
pretty significant problem in this regard. So it seems to me that if we're going to extend this amnesty
period that maybe we need to take some additional steps to get this amnesty information in the hands of
the public, so that they can take advantage of it.
Commissioner Regalado: Right.
Commissioner Winton: So that when we begin to really enforce more vigorously -- and I'll tell you,
enforcement, I mean it's really cranked up. So there's a great opportunity for the citizens, and we need to
take some additional steps to get the word out to them that they've got this grace period.
Mr. Lima: We do have --
Vice Chairman Gort: Commissioner Winton, the problem is, for years, the City did not really enforce the
Code. So the other thing I would like to do is -- and I think we have to get back to the banks and to the
real estate, because a lot of things that happen is people are buying homes, and when you buy a home, you
go through -- if you have any liens, it's reported before the closing. You have to take care of it. But
unfortunately, if you have an illegal unit, it's not being reported. And there's a lot of people, they buy in
good faith. They buy their homes. They go to (inaudible) to the title. They get all the advice from the
banks and from the attorneys. Later on, they find out that they have a problem within their property. I
think somehow -- at one time, we were talking about maybe before a house can be sold, they should check
with the City of Miami department to make sure there was no -- what do you call them? -- Violations
within that property. I think that's something that we tried at one time to pass a resolution or an
143 10/26/00
ordinance, but the -- we had a lot of negative feedback.from the industry. But I think we need to get back
into that one.
Mr. Lima: I just need to make mention that the City of Miami was the one that initiated the extension
with the County. We actually requested that from them. And the fact that there's a date is because the
South Florida Building Code should not be in effect any longer after July 1St of 2001, and that the new
Code will come into effect, the Statewide Code, and it does not address, to my knowledge, the amnesty.
And that's the problem.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: OK.
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-950
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 99-206, TO EXTEND THE AMNESTY PERIOD
FROM ENDING DECEMBER 31, 2000 TO JUNE 30, 2001, FOR
CONSTRUCTION, REPAIRS AND ADDITIONS BUILT WITHOUT
PROPER PERMITS OR PERMITS WHICH EXPIRED WITHOUT THE
ISSUANCE OF CERTIFICATES OF COMPLETION, FROM
OCTOBER 29, 1957 THROUGH JULY 1997, TO BE BROUGHT INTO
CONFORMANCE WITH THE PROVISIONS OF THE SOUTH
FLORIDA BUILDING CODE IN EFFECT AT THE TIME THE
CONSTRUCTION, REPAIRS OR ADDITIONS WERE MADE, SAID
EXTENSION CONTINGENT UPON MIAMI-DADE COUNTY
TAKING ALL ACTIONS NECESSARY TO EXTEND THE AMNESTY
PERIOD GRANTED BY MIAMI-DADE COUNTY AMNESTY
ORDINANCE (ORDINANCE NO. 97-107) BEYOND DECEMBER 31,
2000; REITERATING, PURSUANT TO RESOLUTION NO. 99-206,
THE ADOPTION AND INCORPORATION OF THE PROVISIONS
SET FORTH IN THE AMNESTY ORDINANCE AS PART OF THE
BUILDING CODE OF THE CITY OF MIAMI; AND DIRECTING THE
CITY MANAGER TO INSTRUCT THE BUILDING OFFICIAL OF
THE CITY OF MIAMI TO CONTINUE TO IMPLEMENT AND
ENFORCE THE PROVISIONS OF SAID ORDINANCE; PROVIDING
FOR TIME LIMITATIONS AND AN EFFECTIVE DATE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
144 10/26/00
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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
145 10/26/00
43. DEFER CONSIDERATION OF DISCUSSION CONCERNING AGREEMENT TO CONVEY
AND DISPOSE OF CITY -OWNED PARCELS AT 1700 N.W. 14TH AVENUE TO METRO -MIAMI
COMMUNITY DEVELOPMENT CORPORATION.
Commissioner Regalado: The second item, Mr. Chairman, is. a discussion concerning an agreement for
City -owned parcels at 1700 Northwest 14th Avenue to Metro -Miami Community Development
Corporation. This has been before this board, I think, last year or -- I don't know, maybe more. The issue
here was -- and I think it still is, according to the administration -- these people have the money to build
the buildings. They are a group of very respected community leaders. Reverend Martin Anorga is one of
them. And this is why it came to my attention. And they have the money to build the building. They
have the money to pay the City market price, and they have the money to clean the site. The only issue, I
think, that remains is that if the site cleanup costs more than one million dollars ($1,000,000), then the
question is, should the City pay or should they pay? And in order to expedite this process, I'm .willing to
amend this resolution in order to say that if it goes over one million dollars ($1,000,000), they would have
to pay for the cleanup. But that's -- my understanding is that was the only issue that was --
Commissioner Teele: They would pay the whole amount of --
Commissioner Regalado: They would pay the whole amount in case that it goes over one million dollars
($1,000,000) for the cleanup.
Commissioner Teele: I don't understand.
Commissioner Winton: Neither do I.
Commissioner Teele: If it's under a million dollars ($1,000,000), who's going to pay it?
Commissioner Regalado: Them.
Commissioner Teele: Who?
Commissioner Winton: The developer.
Commissioner Regalado: The developer.
Commissioner Winton: If it's under --
Commissioner Teele: If it's over a million dollars ($1,000,000), who pays it?
Commissioner Regalado: Them. The question was, according to Dena, the question was that who is
going to pay if it goes over one million dollars ($1.,000,000), because in the resolution, it says. And I said
I'd like to amend the resolution, saying that if this is the case that they would have to pay, and not the
City, if it goes over one million dollars ($1,000,000). If it's less than one million dollars ($1,000,000),
they will pay. That's my understanding.
Commissioner Teele: Is that right? Huh?
146 10/26/00
•
Vice Chairman Gort: My understanding -- and correct me if I'm wrong. My understanding is the
property is appraised at a value of one point five million, one point o -five million dollars ($1.05 million),
that the developers of this non-profit group is willing to pay that much, and there is -- this is to build
homeownership. This is for homeownership. This is not a rental property.
Dena Bianchino (Assistant City Manager): Well, we'd like to clarify that. I believe it's 75 percent for
sale, and 25 percent rental. They can clarify that.
Vice Chairman Gort: OK. We can clarify that later. But my, understanding is there's homeownership that
goes into it. And what . we discussed here before is the allocation of funds would be 75 for
homeownership and 25 for rental. Now, my understanding is the funds that would be -- the purchase
price, the cleaning up of the property will be deducted from it. In other words, if they pay for the cleanup
and it's four hundred thousand dollars ($400,000), they'll pay for the clean up and the rest, six hundred
thousand dollars ($600,000) or whatever goes to the City.
Ms., Bianchino: Well, that's what Commissioner Regalado is proposing today. That is not how we
normally conduct our business. But he is proposing that the cost of the remediation come out of the land
cost, and then what he further suggested was that if the remediation is more than that that they pay for it,
so that the City has no responsibility in the•cleanup.
Commissioner Teele: All right. But let me just understand one thing. Under national law, the owner of
the property is responsible for the cleanup. Yes or no, Madam Attorney?
Maria Chiaro (Assistant City Attorney): That's correct.
Commissioner Teele: OK. So it's not the seller. It's the owner of the property. So I want to understand
what the law is. Now, under the law, is the owner of the property or the seller responsible for the
environmental cleanup that we're discussing now, Madam Attorney?
Ms. Chiaro: It's my understanding -- and we need to do some more research on it -- but the owner of the
property, if the property is sold, could be responsible for the history of the property. So the cleanup is the
responsibility of all of the links in the title.
Commissioner Winton: That's my understanding, too. All the way back. So anybody who has touched it
from the date it was contaminated forward is, from a federal statute standpoint, liable for that cleanup.
Commissioner Teele: Yeah, but Johnny, you know, let me tell you something. You know, private sector
experience is great, but let me tell you about the public sector. The deep pockets of a governmental body
who has had possession - how long have we had possession of this property? How long has the City had
ownership of this property?
Unidentified Speaker: Twenty years.
147 10/26/00
Lori Billberry (Director, Asset Management): I don't have the date, exact date, but I know it's been an
excessive period of time. It's only been recently, though, incorporated into a Brownsfield Project, which
makes development possible.
Commissioner Teele: But Johnny, the point I'm --
Commissioner Winton: I was just answering your technical question.
Vice Chairman Gort: And your name and --
Commissioner Teele: Hold it, hold it, hold it. Let me -- what does --
Vice Chairman Gort: Commissioners, excuse me a minute.
Commissioner Teele: Let me -- what does Brownfield -- My question was, how long has the City owned
the property, approximately?
Ms. Billberry: I don't know the exact -- 15, 20 years, probably.
Commissioner Teele: Well, let me ask you, sir. You're Mr. Angel Gonzalez?
Angel Gonzalez: Angel Gonzalez, 2634 Northwest 21St Terrace.
Commissioner Teele: What is your understanding of how long the City --
Mr. Gonzalez: The understanding is that according to state and Federal law --
Commissioner Teele: No, no. How long has the City had ownership of the property to your knowledge?
Mr. Gonzalez: Almost 20 years, Commissioner.
Commissioner Teele: Almost 20 years?
Mr. Gonzalez: Yes. This property was acquired by the City of Miami with a bond issue dated February 4,
1976, a bond issue of twenty-five million dollars ($25,000,000), specifically to acquire land for low-
income housing, or affordable housing. That was the purpose .that this land was acquired by the City of
Miami under this bond issue. The City has held this property for those 20 years, and nothing has been
done.
Commissioner Teele: Mr. Gonzalez, thank you.
Mr. Gonzalez: Yes, sir.
Commissioner Teele: Johnny, my only point is this: Once the City has ownership of property for some
substantial period of time -- I mean, if you look at what has happened in all of the litigation, every jury is
going to hold the City -- I mean, we're not a mere -- the City of Miami is not a mere owner in the chain of
148 10/26/00
title. I mean, we may be for legal purposes, but in reality, the public holds us -- Let me just tell you,
Commissioner Regalado, where I am on this one.. I support, I think, very strongly what it is you're doing.
What would be the damage in this coming back to us at the next meeting? Be honest, now. Be fair.
Mr. Gonzalez: Well, the only thing, Commissioner, is that this project has been coming to the
Commission for the last three years -- two years -- I'm sorry. And nothing has been done about it. It has
been -- you know, there has been conversation --
Commissioner Teele: Angel, Angel, Angel.
Commissioner Winton: That's not the question.
Commissioner Teele: That's not my question.
Commissioner Regalado: OK. Would it -- He's just asking, are you going to lose some money or if
something really bad is going to happen if we bring it back --
Commissioner Teele: If it comes back in three weeks, November 161H
Vice Chairman Gort: No, no.
Mr. Gonzalez: Mr. Diego, is there any harm in bringing this back in three weeks?
Commissioner Regalado: No.
Vice Chairman Gort: No.
Commissioner Teele: Mr. Chairman, Mr. Chairman, with your permission. Commissioner Regalado, I'm
very much in favor of this, and I can also understand what Mr. Gonzalez is trying to get into the record,
that the City has had property, and they've been trying to move this. I assume if we gave Mr. Gonzalez 15
minutes, he would give us all of the details of all of the frustration, which is apparent.
Commissioner Regalado: But they don't have any problem in bringing this back.
Commissioner Teele: The only thing that I want, I want to tell you why, because I really do think these
things should be put on an agenda. There should be a Manager's memorandum. No matter what the
management recommends, if it's -- if it is something that's just going to be more delays and more of that, 1
think, you know, clearly, we've had the property for 20 years. We haven't done anything. You know, I
have been around this City now for three years, and I know that there is always going to be a delay if you
let the government make their recommendation. But the one thing I want to caution us about, unlike, say,
a plat that I'm going to be trying to move here in,a minute, which is a mere legal document, we need to be
very careful before we start making, on pocket items, the movement of these kinds of resources. And we
need to protect ourselves against ourselves.
Commissioner Regalado: Excuse me. This is not a pocket item. It's on the agenda.
149 10/26/00
A
Commissioner Teele: It's on the agenda?
Commissioner Regalado: Yes.
Commissioner Teele: As a resolution?
Commissioner Regalado: As a resolution.
Commissioner Sanchez: It's a Commission discussion item.
Commissioner Teele: It's a Commission discussion item. Look, I'm in support of it. I don't want
anybody to misread what I'm saying. But I think the attorneys, and the lawyers and the management
ought to be able to put their memorandum together.
Commissioner Winton: And I want to understand it. I don't under -- I'm clueless right now.
Commissioner Teele: Well, I can understand one thing. You got a piece of property that was bought for
20 years, and it's a part of all the things that we talk about every day. You know, nothing is happening,
and everybody's got an idea. If you listen to -- for. five minutes, you're going to hear ten different ideas of
what could happen to it. So I just would. like to bring this back on the 16th at a time that's convenient for
the people that are here, and apologize for you all, but I think it's very, very important. I don't need to
remind this Commission that there were some similar actions like that, that occurred over the last eight or
nine years, and wound up -- and this is a time to get everybody's issues on the table.
Commissioner Sanchez: How would you like to bring it back?
Commissioner Teele: I would like for it to be placed on the agenda.
Commissioner Sanchez: On the agenda, OK.
Vice Chairman Gort: Right.
Commissioner Teele: The resolution is not on the agenda, Mr. Cruz. It's not. And this protects
everybody.
Vice Chairman Gort: Sure.
Commissioner Teele: Particularly, it protects the seller, so that we don't wind up with staff coming up at
the last minute saying, "Well, there was something else that we would have said if we had had an
opportunity." And I'm only trying to --
Commissioner Regalado: Right. But Arthur, the thing is that I placed this on the Commissioners' items
three weeks ago. And it was an issue that the Manager had placed -- I sent a memo to the Manager, and I
think it was September 27th or maybe --
Commissioner Teele: On when?
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Commissioner Regalado: September 2.7th
Mr. Gonzalez: Mr. Chairman --
Commissioner Regalado: And he placed it on the Manager -- on the Commissioners' items. Now, the
resolution was not included in the backup, and it should be. And I don't have any problem. They don't
have -- it's no harm for them if we bring it back, and the Manager, and Dena and everybody will -- so I'll
Vice Chairman Gort: They're not ready to give any advice right now.
Commissioner Regalado: No, we'll do it; we'll do it --
Vice Chairman Gort: I think whatever decision, whatever decision we take today; they're going to say
they're going to have to go back, redraft it, and bring it back.
Commissioner Regalado: No, we'll do it on November.
Vice Chairman Gort: So let's bring it back on November the 16th with specific resolution.
Commissioner Sanchez: Make a motion to defer.
Commissioner Teele: What time would be convenient? Because we've had these people here all day, and
I don't think that's --
Vice Chairman Gort: It could be the first item in the morning, Item 2.
Commissioner Teele: Is that convenient, sir?
Mr. Gonzalez: OK.
Commissioner Sanchez: Is there a motion to defer?
Commissioner Teele: Mr. Chairman, I would move, with the permission of the -- Commissioner
Regalado, do you mind if I move that the --
Commissioner Regalado: No, absolutely not.
Commissioner Teele: -- item be deferred and be placed on the agenda.
Commissioner Winton: Second.
Commissioner Teele: And be published and placed on the agenda for the 16th of November, and be the
first item that we take up after the consent items --
151 10/26/00
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Vice Chairman Gort: Consent agenda.
Commissioner Teele: -- on the regular agenda.
Vice Chairman Gort: There's a motion.
Commissioner Winton: Second.
Commissioner Sanchez: Second, Mr. Chairman.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Mr. Gonzalez: Thank you.
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-951
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM
DISTRICT 4-13 (DISCUSSION CONCERNING AGREEMENT TO
CONVEY AND DISPOSE OF CITY -OWNED PARCELS AT 1700 N.W.
14 AVENUE TO METRO -MIAMI COMMUNITY DEVELOPMENT
CORPORATION) UNTIL THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR NOVEMBER 16, 2000; FURTHER
INSTRUCTING THE CITY MANAGER TO RESCHEDULE SAID
ITEM AS THE FIRST ITEM TO BE CONSIDERED FOLLOWING THE
CONSENT AGENDA.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
152 10/26/00
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44. INSTRUCT MANAGER TO REPORT BACK TO COMMISSION WITH
RECOMMENDATIONS FOR REQUESTED BUDGET OF $40,000 AND AN IDENTIFIABLE
FUNDING SOURCE TO STAFF ECONOMIC DEVELOPMENT COMMITTEE FOR A PERIOD OF
ONE YEAR.
Commissioner Regalado: And the last issue, Mr. Chairman, is a discussion concerning the Economic
Development Committee. In the backup material, there is a resolution, and basically, what this resolution
does, we -- I want to thank the members of the Commission. You all, I think, have appointed the
members for the Economic Development Committee that this Commission created and appointed me as
Chairman. And we have a sunset of one year from the moment the resolution was -- the ordinance was
approved. And what this resolution is seeking is for the administration to allocate forty thousand dollars
($40,000) that would be used to staff this committee, and for the committee to appoint some staff, only,
only for a period of one fiscal year. After that, it will sunset. This money will not be a recurring expense.
This money will come out of the strategic account. And what this will do is that it will bring issues to the
City Commission in order to advance the different projects. What we've done in the past is given you all
different reports about parks, about City of Miami. But we want to brief the members of the Commission
and the administration with some ideas about economic development. The Manager has appointed a task
force for waterfront properties. I think that this committee, with this amount of money, could very well --
Commissioner Teele: How much money?
Commissioner Sanchez: How much?
Commissioner Regalado: It's forty thousand dollars ($40,000), to complement what the task force is
doing.
Commissioner Teele: Mr. Chairman, I will second the motion with the understanding that the motion
instructs the Manager to report back to the Commission with a budget recommendation on the amount of
money and the appropriate source. I specifically would ask that the reference to the strategic reserve be
dropped in that you're not going to get Oversight Board approval for that component of it. How we plan
to spend the strategic reserves is an operational cost. And, I mean, I don't know what the - the budget
gurus, they're all lined up now, Tomas, trying to figure out something to say, but they probably -- it
wouldn't be nice, probably, for what you're trying to do here -- they come up on the strategic reserve.
Would it be a good thing if we heard from you all on the strategic reserve, on the forty -- it wouldn't be?
Vice Chairman Gort: Not today. But let me --
Commissioner Teele: See? I knew it.
Vice Chairman Gort: But let me add to that. I received --
Carlos Gimenez (City Manager): Well, it's a process thing. We need to -- if you so dictate, we're going
to have to put it in as part of our recommendations to the Oversight Board to use the forty thousand from
the strategic reserves, and they would have to approve that.
153 10/26/00
Commissioner Teele: But by amending this, as I've done in the second, which instructs you to come back
in the next Commission meeting with a funding source for that, that cures that at that level. Does it not?
Mr. Gimenez: Yes, sir, it does.
Vice Chairman Gort: I'll tell you what I'd like to do, and I think you might be able to do so, also, I don't
know if you've done yet. But I received a memo from the Finance Department where, for the last three
years, I've had a surplus in my budget of anywhere from eighteen to twenty thousand dollars ($20,000).
My understanding is they won't be able to tell me for sure how much of a surplus I will have from my
own budget, but my understanding is it can be anywhere between eighteen to sixteen thousand dollars. I'd
be more than glad to dedicate that towards that. So.
Commissioner Regalado: Thank you very much, Mr. Chairman. On my office budget, the surplus will be
around twenty-four thousand dollars ($24,000), but that is already allocated to the Flagami Police
Department for special operations on certain complex situations that we have there. I don't know where
the Economic Development Summit money came from, what Commissioner Sanchez is doing next year,
the sixty thousand that we approved. It came from --
Commissioner Teele: Year-end money; probably.
Commissioner Regalado: From where?
Commissioner Teele: It probably came from year-end money.
Commissioner Sanchez: Development Summit 2001? Where did that funding come from, Mr. City
Manager?
Commissioner Teele: You don't know where it came from, right?
Mr. Gimenez: That came from the surplus.
Commissioner Regalado: No. I'm just saying.
Commissioner Sanchez: From the surplus?
Mr. Gimenez: That fifty thousand was -- yeah. It was allocated from the surplus.
Commissioner Regalado: OK. So that basically could be the source of the funding for this.
Mr. Gimenez: If you set a directive, we will come back with a funding source. Whatever surplus we can
get from Commissioner Gort's office --
Commissioner Regalado: Thank you.
Commissioner Sanchez: The motion by Mr. Teele is a simple one. You're to come back with a funding
source.
154 10/26/00
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Commissioner Teele: I seconded Commissioner Regalado's motion with the amendment --
Vice Chairman Gort: With a friendly amendment.
Commissioner Teele: -- that the funding source be determined by the Manager on a recommendation at
the next Commission meeting, recommending the funding source for this. And I assume you accept that.
Commissioner Regalado: Oh, yeah, I'll accept it. So I'll move it.
Vice Chairman Gort: OK. There's a motion. There's a second with an amendment.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Winton: I'm in support of this idea. However, I hope that the Economic Development
Committee -- because I've heard this way too many times now, so I'm concerned. The focus of the
Economic Development Committee should not be to figure out how to build commercial development on
all the waterfront lands still available in the City of Miami.
Commissioner Regalado: Oh, no. It would not -- no, it would not be anything dealing with the
waterfront. It's other -- it's about information, other ideas, and of course, the input on ongoing ideas on
waterfront.
Commissioner Winton: Great.
Commissioner Regalado: But it's not going to -- it's not going to focus, Johnny, on, you know, like we're
going to do this or we should do this. It's just bringing information, and plans and ideas to the City
Commission and to the Administration.
Commissioner Winton: Thank you.
Commissioner Regalado' So I'll move.
Vice Chairman, Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
155 10/26/00
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 00-952
A MOTION INSTRUCTING THE CITY MANAGER TO REPORT
BACK TO THE CITY COMMISSION WITH RECOMMENDATIONS
FOR A REQUESTED BUDGET OF $40,000 AND AN IDENTIFIABLE
FUNDING SOURCE TO STAFF THE ECONOMIC DEVELOPMENT
COMMITTEE FOR A PERIOD OF ONE YEAR.
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
156 10/26/00
45. ACCEPT PLAT ENTITLED NEW HOPER OVERTOWN.
Commissioner Teele: Mr. Chairman.
Commissioner Regalado: I'm done.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: With your permission, this is a resolution of the City of Miami Commission, with
attachments, accepting the plat entitled New Hope Overtown, a subdivision in the City of Miami, subject
to all of the conditions of the Plat and Street Committee, and accepting the dedication of the said plat,
authorizing and directing the City Manager and City Clerk to execute the plat, and providing for a re-
recording of the said plat in the public records of Miami -Dade County. I know that Reverend John White
is here, and --
Vice Chairman Gort: There is a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Motion, second. 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. 00-953
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING THE PLAT ENTITLED NEW HOPE
OVERTOWN, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT
TO ALL OF THE CONDITIONS OF THE PLAT AND STREET
COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON
SAID PLAT; AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
157 10/26/00
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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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Gort: Thank you, Reverend White.
Reverend John White: Thank you.
Vice Chairman Gort: Great presentation.
Commissioner Teele: Reverend White, thank you very much, and I appreciate your vision.
158 10/26/00
46. MANAGER TO SCHEDULE PROPOSED GRANT OF WATER AND SEWER EASEMENT TO
MIAMI-DADE COUNTY TO SERVE WINN-DIXIE PROPERTY IN OVERTOWN/SPRING GARDEN
AREA; GRANT SAME WAIVER AS PROVIDED TO FLORIDA POWER AND LIGHT.
Commissioner Teele: Mr. Chairman, there is one matter that I would like again to ask the management,
and Public Works and the staff to bring back on the next meeting. This is the resolution granting the
easement to Miami -Dade County for the facilities to install the Winn Dixie. The Winn Dixie has been
constructed, and apparently, because of a glitch -- we dedicated the easement for Florida Power and Light,
but the water and sewer right-of-way easement was not dedicated. Is that correct, Mr. Public Works
Director?
John Jackson (Director, Public Works): Yes, I believe that's correct, Commissioner, or my recollection of
it.
Commissioner Teele: Well, what I'm requesting or moving is --
Vice Chairman Gort: I need your name and department, please, Mr. Jackson.
Mr. Jackson: Oh. John Jackson, Director of Public Works.
Commissioner Teele: What I'm requesting is that the management place on the next agenda the easement
dedicating the water and sewer rights-of-way for the Winn Dixie. It's a tremendous source of job creation
and community development in the Overtown/Spring Garden area and the Civic Center. And I don't want
to do that as a pocket item. I'd like very much for the management to have a full input on that. Is that --
Lori Billberry (Director, Asset Management): Lori Billberry, Director of Asset Management. Since this
will be serving exclusively Winn Dixie, will we -- can we have the Commission's input as to any fees that
may be charged associated --
Commissioner Teele: With the waiver, as we did with Florida Power and Light.
Ms. Billberry: At no cost.
Commissioner Teele: Yeah. I mean, you know -- with the waiver, as we did there.
Ms. Billberry: OK.
Commissioner Teele: Is that --
Vice Chairman Gort: OK.
159 10/26/00
47. ENDORSE SUBMISSION OF APPLICATION" TO FLORIDA DEPARTMENT OF
TRANSPORTATION FOR TRANSPORTATION OUTREACH PROGRAM GRANT BY MIAMI-
DADE COUNTY TRANSIT AGENCY FOR REALIGNMENT OF ONE BLOCK OF METROMOVER
MAIN LINE -- "DUPONT PLAZA AREA REALIGNMENT."
Commissioner Teele: And the final thing in this regard is a resolution of the City endorsing the
submission of an application to the State Department of Transportation for the Transportation Outreach
Program by Miami -Dade Transit Agency for a realignment of one block of the Metromover mainline at
the Dupont Plaza Area Redevelopment. And I assume that has the strong support of the DDA (Downtown
Development Authority).
Vice Chairman Gort: The DDA passed a resolution, yes.
Commissioner Teele: Master resolution. I would so move.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's moved by Teele, seconded by Commissioner Sanchez. 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. 00-954
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING
THE REALIGNMENT OF ONE BLOCK OF THE METROMOVER
MAIN LINE ("DUPONT PLAZA AREA REALIGNMENT") TO BE A
PROJECT OF URGENT PRIORITY AND CRUCIAL CONCERN FOR
THE INHABITANTS AND VISITORS OF THE CITY OF MIAMI AND
MIAMI-DADE COUNTY; FURTHER ENDORSING THE
SUBMISSION OF AN APPLICATION BY THE MIAMI-DADE
COUNTY TRANSIT AGENCY TO THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT") FOR A
TRANSPORTATION OUTREACH PROGRAM GRANT FOR SAID
PURPOSE.
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
160 10/26/00
•
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
161 10/26/00
48. CITY TO SPONSOR ORANGE BOWL PARADE; GRANT POLICE, FIRE AND SOLID
WASTE IN-KIND, VALUED BETWEEN $60,000 TO $70,000.
Vice Chairman Gort: I have one item, .which is the item we get every year. The Orange Bowl Parade is
with us again. And my understanding is they had requested that they would like to get some commitment
from us for the next five years. The administration doesn't feel they can go that long, but they would like
to discuss this year coming up. And the reason we have to hear it today is because of time restraints that
we have for advertising and things like that. Yes, sir. .
Genaro "Chip" Iglesias (Chief of Staff, Office of the City Manager): Commissioner, Chip Iglesias, Chief
of Staff, City Manager. This Commission last year had authorized and directed the City Manager to
negotiate a contract for in-kind services for one time to be a sponsor of last year's Orange Bowl Parade. It
further directed the Manager to enter into a long-term agreement as a co-sponsor of this event. Currently,
we are not comfortable in recommending the proposal as negotiated by the previous administration, and
would want additional time to hammer out some of these issues that would be of mutual benefit to the
committee and the City of Miami. The issue at hand, as you stated, is that the motion last year to do the
in-kind services was for last year only. So we have a void right now, and we need a policy direction on
this year's parade. And the time sensitive nature and why we brought it up just now is that they need to go
forward with printing their promotional materials, and if the City is going to be a co-sponsor, we need to
be included in that. The cost of the in-kind was absorbed by the departments last year -- and basically,
we're looking at Police, Fire and Solid Waste -- in the neighborhood of sixty to seventy thousand dollars
($70,000). And so we're looking for policy direction to deal with this year's parade, and we will continue
to try and hammer out a long-term agreement that would be of the best interest to the parade and the City
of Miami.
Vice Chairman Gort: Thank you, Chip. Do I have a motion? You all understand this is going to be
televised nationwide, and we'll get a lot of publicity out of this.
Commissioner Sanchez: There's a motion, there's a second?
Vice Chairman Gort: No. I need a motion.
Commissioner Sanchez: I'll second for discussion. This is --
Commissioner Winton: Motion -- first.
Commissioner Sanchez: This is a one-year --
Vice Chairman Gort: Moved and seconded. OK.
Commissioner Sanchez: This is a one-year deal. They wanted a multi-year deal. This is just a one-year
agreement to pay the services.
Vice Chairman Gort: The one year.
Commissioner Sanchez: And then the administration will negotiate for a multi-year.
162 10/26/00
Mr. Iglesias: That's correct, Commissioner. And as a result of last year's sponsorship, we would also get
the same amount of advertising and promotional -- that would be included in their promotional materials,
including a float in the national section of the parade, and naming us as a sponsor of the parade. So it
would be just for this year.
Commissioner Sanchez: And in the past -- I'm sorry to interrupt -- in the past, we got local exposure on
the float. Now we want national exposure, correct?
Mr. Iglesias: Yeah. And we have Eric Poms from the Orange Bowl Committee here if you need to ask
any questions, but that's what we're looking for.
Commissioner Sanchez: No.
Commissioner Teele: Is there something in writing on this?
Mr. Iglesias: On the sponsorship package?
Commissioner Teele: Yeah.
Mr. Iglesias: We have something that was used last year.
Commissioner Teele: I mean, but is there a resolution or something written up that you have?
Mr. Iglesias: We don't have this year's resolution. The reason why we had to bring it up in this fashion is
that they made us aware of their time commitment on the sponsorship printing of packages, and so forth
and programs. And there was a resolution last year, and it was a basic resolution that just kind of outlined
the street closures, and the in-kind services and so forth. So we would prepare a resolution to that effect
the same way this year.
Commissioner Teele: And what is the amount of money?
Mr. Iglesias: For the in-kind services? Approximately sixty to seventy thousand dollars ($70,000).
Commissioner Sanchez: Same amount as last year?
Mr. Iglesias: Roughly, yes.
Commissioner Teele: Approximately how much?
Mr. Iglesias: Sixty to seventy thousand dollars ($70,000). It includes Solid Waste, Fire and Police.
Commissioner Teele: Look, I am very much a proponent of what it is you're recommending. And I think
it's not so much an issue of dollars to me. It's the right thing to do. It's one of the national -- It's one of
the times we look forward to seeing ourselves on national television, because we -- It's one of the few
times we can predict what the outcome is going to be. But my issue, Commissioner Winton, to you
163 10/26/00
s
especially is one of fairness. And there is no event in this community like the Orange Bowl. I mean, it's a
national television activity. It's one of the few things in my observation as an elected official here that I
think this committee and this process has truly tried to reflect, the multi -cultural pluralism of our
community in both the membership of the Orange Bowl Committee and in the selection of the grand
marshals. Consistently, it has worked, I think. And it is one of the few things -- You know, everybody
talks about working together, but at the end of the day, everybody goes to their own community and does
their own little thing. And so I support it. But the point is this: The Martin Luther King Parade, the King
Mango Strut Parade, the Three Kings Parade, the Puerto Rican National Parade, among many others, are a
part of what Miami is. And I think we, as Commissioners, need to understand that Miami is unlike
virtually any other city in the nation. I just walked in today, I guess, as Mr. Flowers saw me carrying my
bag to the airport on Sunday and saw me coming back today from Madrid. You say "Miami," anywhere
in the world, and people know, and they have an immediate impression. I think it's just as important to
allow the Haitian community, and the Puerto Rican community, the black community and other
communities to have their expression. And so I'm supporting you, but I'm just saying when the -- what's
the biggest Bahamian parade, biggest Bahamian celebration in the United States? When. the *Goombay
Festival comes along, that is the largest Bahamian celebration in the United States. You know, we need to
also keep in mind that the sixty million -- and I -- sixty thousand dollars ($60,000). I. admit that the
Orange Bowl Parade is like no other parade. It's nationally televised. It's at -- But to the Bahamians,
Goombay is just as important to that community and to the Puerto Ricans and Haitians as the other
activities. And a part of what makes Miami "Miami" is that this Commission, this City has been able to
embrace all of these cultures. And I think we need to work hard at trying to continue to do that. I'm very
proud of the Orange Bowl, and I want to continue to support the parade.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Winton: Commissioner Teele, you particularly made a comment to me, I guess because I
moved the motion. If you remember, last year --
Commissioner Teele: No. The reason is that you have probably as many or more parades in your district
as any. And I'm particularly troubled by last year's discussion about the Goombay Festival Parade. You
remember you said --
Commissioner Winton: Right.
Commissioner Teele: -- that you may not support it. And I'm not -- you know, I'm not challenging you
on your decisions at all, directly or indirectly. I'm simply saying that this City has always been able to
approve these large expenditures for big things like sixty, seventy thousand dollars ($70,000) for an
Orange Bowl, which is a bargain at any price, given the positive outlook. But I also am only saying that
the Goombay Festival, as an example, in your community that you represent; the Martin Luther King in
the community that I represent, in the district that I represent; Puerto Rican in many of the districts has a
big parade. You know, I got criticized the other day because I wasn't at the Trinidadian Conference
Parade, which was held in the County. But these things are sources of pride to the people that live in our
community. And I just think we need to reflect on that. I was not directing that on you, because you
made the motion, at all.
164 10/26/00
Vice Chairman Gort: I'd like to -- It was stated, and we were given the instructions to come back. My
understanding is the administration allocated two hundred and fifty thousand dollars ($250,000) for these
types of events. And I think part of selecting the events; we have to see the impact in the community and
the impact that would take place within the City of Miami. For example, I don't think I have a need for all
of the funding that's supposed to be within my district, because I don't have that many events taking place
in my district. But I think we need -- the administration needs to look at all of these events that take place.
We need to analyze all the events that take place. And let me just give you one example. The Calle Ocho
Festival began 20 some years ago, they needed help, and now it's self-sufficient. It doesn't need a new
contract. It makes a lot of payments to the City of Miami. And I think if we help some of those events
from the beginning, they can become self-sufficient in the future. And I would like to see the Orange
Bowl Parade become self-sufficient in the future, also. OK. Any further discussion? Being none --
Commissioner Sanchez.
Commissioner Sanchez: None.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Sanchez, who moved for its adoption:
RESOLUTION NO. 00-955
A RESOLUTION OF THE MIAMI CITY COMMISSION (Subject
matter: related to Orange Bowl Parade, grant Police, Fire and Solid Waste
in-kind valued between $60,000 to $70,000 -City to sponsor). [Note for
the Record: This item has been determined to be authorized and executed
and therefore does not require a legislative instrument.]
(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
165 10/26/00
49. REPLACE LINDA NOEL FOR KAREN CARTWRIGHT AS MEMBER OF MIAMI
COMMISSION ON STATUS OF WOMEN.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: On the Status of Women, if I may, I would like to move Karen Cartwright in lieu of
Linda Noel that I previously moved.
Vice Chairman Gort: OK. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: OK.
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-956
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI
COMMISSION ON THE STATUS OF WOMEN 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
Commissioner Sanchez: Five minute recess before PZ (Planning and Zoning) items?
166 10/26/00
Vice Chairman Gort: You guys want to do the pocket items after the PZ and let's take five minutes?
Commissioner Teele: Let's do the PZ.
Commissioner Winton: What did you say, Commissioner?
Vice Chairman Gort: I said we're ready to do PZ. I'd like to take -- I was asked to take five.
Commissioner Winton: And do pocket items after that, you said?
Vice Chairman Gort: After that.
Commissioner Winton: Fine.
Vice Chairman Gort: Thank you. Back in five minutes, please, five minutes.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 4:57 P.M. AND
RECONVENED AT 5:06 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT, AT WHICH POINT, THE CITY COMMISSION CLOSED CONSIDERATION
OF THE REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE
PLANNING AND ZONING PORTION OF THE AGENDA.
167 10/26/00
50. CONTINUE CONSIDERATION OF PROPOSED CLOSURE OF PUBLIC RIGHTS-OF-WAY
AT S.W. 18TH ROAD AND S.W. 2ND AVENUE.
Vice Chairman Gort: Does anyone have any requests for continuances or deferrals? First of all -- Excuse
me. Can I have one meeting, please? Hello? At this time, anybody that's going to testify, they need to be
sworn. So anyone that's going to testify, could you please stand and raise your right hand? Especially the
lawyers.
Commissioner Sanchez: Not everybody at once.
Tucker Gibbs: Oh, my God.
Commissioner Sanchez: He's the only one not testifying today. He's probably well represented.
Mr. Gibbs: This is all about contingencies.
AT THIS POINT, THE CIY CLERK ADMINISTERED OATH, REQUIRED UNDER THE CITY
CODE SECTION 62-1, TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Vice Chairman Gort: Thank you. Yes, ma'am.
Vicky Garcia -Toledo: Vicky Garcia -Toledo, with offices at 200 South Biscayne Boulevard. I am here on
PZ item number 1. This is the road closure for 181h Road and a portion of 2nd Avenue. I am happy to
announce that I have reached an agreement with counsel for the neighbors to defer this item to your next
P&Z item, and to have at the November P&Z meeting both the street closure and the final plat scheduled
as companion items. I have spoken to Mr. Jackson. He has told me he has no objection, as long as the
street closure goes forward prior to the final plat on the agenda.
Vice Chairman Gort: OK. Is there any --
Mr. Gibbs: On behalf of the Miami Roads Association, my name is Tucker Gibbs and we've agreed to
this.
Vice Chairman Gort: OK. Do I have a motion?
Joel Maxwell (Assistant City Attorney): To November the 16th, Commissioners.
Commissioner Sanchez: Motion to defer to November the 16th
Vice Chairman Gort: No. The motion is to continue to the 16th. OK?
(INAUDIBLE COMMENT)
Ms. Garcia -Toledo: No. November 16th
Vice Chairman Gort: It's November 16th
168 10/26/00
Commissioner Sanchez: November the 16th
Vice Chairman Gort: OK. There's a motion to continue to November 16th. Is there a second? 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.
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 00-957
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ -1 (PROPOSED CLOSURE OF PUBLIC RIGHTS-OF-WAY AT
APPROXIMATELY S.W. 18TH ROAD AND S.W. 2ND AVENUE) TO
THE MEETING CURRENTLY SCHEDULED FOR NOVEMBER 16,
2000; FURTHER INSTRUCTING THE CITY MANAGER TO HAVE
BOTH THE .AFOREMENTIONED STREET CLOSURE AND FINAL
PLAT SCHEDULED AT THE SAME TIME.
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
169 10/26/00
51. DEFER FOR SIX MONTHS CONSIDERATION OF PROPOSED AMENDMENT TO
COMPREHENSIVE NEIGHBORHOOD PLAN TO CHANGE FUTURE LAND USE ELEMENT
FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL AND PROPOSED
AMENDMENT OF ZONING ORDINANCE TO CHANGE ZONING ATLAS FROM R-2 TWO-
FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR PROPERTY LOCATED AT
3163, 3165, 3171 AND 3179 S.W. 22ND TERRACE.
Vice Chairman Gort: Next.
Vicky Garcia -Toledo: Mr. Chairman, I also am here on behalf of BAP Development. This is PZ -10 and
11. This is a rezoning and land use change for property on 22r'd Terrace. We would like to have this
matter deferred for six months, and to come back in six months for a status report. I need to put some
information into the record.
Commissioner Regalado: Excuse me. What is the address?
Ms. Garcia -Toledo: It's 22nd Terrace -- I don't have the address in front of me. I'm sorry.
Commissioner Regalado: Is that 19th Avenue or --
Commissioner Winton: No. It's 30 something.
Lourdes Slazyk (Assistant Director, Planning and Zoning): It's right on --
Ms. Garcia -Toledo: 3163, 3165, 3171, 3175, 3179.
Commissioner Regalado: Oh, OK, OK. That's the second reading.
Ms. Garcia -Toledo: This is the second and final reading.
Commissioner Regalado: Oh, OK.
Ms. Garcia -Toledo: However, at time of closing, my client, who was the contract purchaser found that
there are two competing interests. There's two owners who are claiming to be the owners of the property,
mother and daughter, with identical names. This matter is now in the hands of the Circuit Court. I have
discussed this with your City Attorney. We agreed that the best thing is to do nothing and continue for six
months for a status report. At that time, if the court case has been finalized, then we will so inform you
and ask you that the second reading be scheduled if it's appropriate.
Vice Chairman Gort: OK. Do I have a motion to defer items 10 and 11?
Commissioner Regalado: Move it.
Commissioner Winton: Second
170 10/26/00
0 0
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.
Vice Chairman Gort: Thank you.
Ms. Garcia -Toledo: Thank you.
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 00-958
A MOTION TO DEFER FOR A PERIOD OF SIX (6) MONTHS
CONSIDERATION OF . AGENDA ITEMS RELATED TO PROPERTY
LOCATED AT APPROXIMATELY 3163, 3165, 3171 AND 3179 S.W.
22ND TERRACE, PZ -10 (PROPOSED AMENDMENT TO
COMPREHENSIVE NEIGHBORHOOD PLAN TO CHANGE ,FUTURE
LAND USE ELEMENT FROM DUPLEX RESIDENTIAL TO
RESTRICTED COMMERCIAL) AND PZ -11 (PROPOSED
AMENDMENT OF ZONING ORDINANCE TO CHANGE ZONING
ATLAS FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL). .
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 Sanchez: Was that 10 and 11 or just --
Joel Maxwell (Assistant City Attorney): That was 10 and 11, PZ -10 and 11
Ms. Garcia -Toledo: Ten and 11.
Vice Chairman Gort: Ten and 11.
171 10/26/00
52. OFFICIAL CLOSURE OF PUBLIC RIGHT-OF-WAY BEING A PORTION OF 6' PUBLIC
UTILITY EASEMENT LYING UNDER GROVE GATE APARTMENTS LOCATED AT 2575 S.W.
27TH AVENUE (Applicant(s): Ruben Garcia, President for Grove Gate Apartments, Inc.). .
Vice Chairman Gort: PZ -2.
Juan Mayol: Mr. Chairman, good evening. For the record, Juan Mayol, law firm of Akerman and
Senterfitt.
Vice Chairman Gort: Excuse me, sir. We'll hear from staff first, and then we'll hear from you. Yes.
John Jackson (Director, Public Works): Commissioners, John Jackson, Director of Public Works. PZ -2 is
a vacation, closure of the public right-of-way. It's a six-foot public easement. This remedies a situation
that exists. 2575 Southwest 27th Avenue. And we are -- have met all the conditions of closure.
Vice Chairman Gort: So you're recommending for approval?
Mr. Jackson: Yes, I do.
Vice Chairman Gort: And the Zoning Board recommended for approval, eight to one.
Commissioner Teele: So move, Mr. Chairman.
Vice Chairman Gort: It's been moved.
Commissioner Sanchez: Second.
Vice Chairman Gort: Is there any discussion? Moved and seconded. Discussion.
Commissioner Sanchez: Second, based on the recommendations.
Vice Chairman Gort: Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you, sir.
172 10/26/00
The following resolution was introduced.by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-959
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 THE PORTION OF A SIX FOOT (6')
UTILITY EASEMENT LYING UNDER THE GROVE GATE
APARTMENTS LOCATED AT APPROXIMATELY 2575
SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, AS LEGALLY
DESCRIBED IN "EXHIBIT A," 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 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
173 10/26/00
53. (A) CONTINUE CONSIDERATION OF PROPOSED CLOSURE 538. FEET OF PUBLIC
RIGHT-OF-WAY LOCATED NORTH OF S.E. 15TH ROAD, RUNNING PARALLEL AND BETWEEN
SOUTH MIAMI AVENUE AND BRICKELL AVENUE.
(B) CONTINUE CONSIDERATION OF PROPOSED CLOSURE OF 337 FEET OF PUBLIC
RIGHT-OF-WAY LOCATED APPROXIMATELY. NORTH OF S.E. 15TH ROAD, RUNNING
PARALLEL AND BETWEEN SOUTH MIAMI AVENUE AND BRICKELL AVENUE.
(C) CONTINUE CONSIDERATION OF PROPOSED MAJOR USE SPECIAL PERMIT FOR
PARK PLACE AT BRICKELL PROJECT AT APPROXIMATELY 1450 BRICKELL AVENUE.
Vice Chairman Gort: PZ -3. 1221 Brickell Avenue.
Tucker Gibbs: Mr. Chairman, I'd like to ask, on behalf of the Miami Roads Neighborhood Association
and neighbors on Miami Avenue for a deferral of this item until November 16t"
Commissioner Sanchez: Based on what ground?
Mr. Gibbs: Pardon me?
Commissioner Sanchez: Based on what?
Mr. Gibbs: Based on the fact that I was just retained as the attorney for the Miami Roads Association and
these neighbors last night, the fact that we have serious -- you know, serious concerns were expressed by
the neighbors at a neighborhood association last week, when the plans were presented to the Miami Roads
Association. Questions came up. It's a very complex MUSP (Major Use Special Permit). We'd like the
opportunity to be able to retain experts to review that, and that's what we would like to do.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Are there people here from the Roads on this? And all. these people want it
deferred?
(INAUDIBLE COMMENTS)
Commissioner Teele: See, Mr. Chairman, let me just explain where I am on this. I'm very sympathetic to
an attorney who has not been paid, or has not -- just been retained. Up in North Florida, we call that Rule
One, we got a Rule One problem. But at the same time, whena matter has been set to be heard, it's not
fair to the other party to just unilaterally delay it. And I'm not certain, you know, that if the shoe were
reversed, you know, if the applicant or someone said, "Well, I want a deferral, because I've got -- my
attorney's just been hired," and you had all these people here. They would say, "Well, we don't want to
defer." So, I mean, I think we've got to be very careful in giving deferrals that we don't defer unless
there's inadequate notice, or some provision that is fundamentally unfair. And I'm seeking to hear what
the Chairman's view and the Chairman's philosophy has been on this, because I'm not prepared to make a
motion to defer. But at the same time, I'm very sympathetic toward a group of people who feel that they
are not adequately represented.
174 10/26/00
Mr. Gibbs: ' Mr. Chairman, may I be heard?
Vice Chairman Gort: Let me tell you what my experience -- Excuse me, sir. We're discussing ourselves
now. My experience in the past has been that the -- if you have the neighborhood -- and this is a public
hearing, and they're going to be neighbors, they asked for a referral. I found in the past that, that has been
able to be worked out, on behalf of everyone. And I think deferring to the 16th would not harm anyone,
and maybe a lot of the questions that have been asked could be answered by then. But I'll leave it up to
the applicant.
Adrienne Pardo: Hello. My name is Adrienne Pardo with law offices at --
Commissioner Sanchez: Wait, Adrienne, before you go on..
Ms. Pardo: I'm going to make it easy for you.
Commissioner Sanchez: Yeah. Just -- I could agree with that. Have there been any attempts to meet, or
has the developer met with the homeowners --
Ms. Pardo: Yes.
Commissioner Sanchez: -- to come to an agreement? Because usually, these are the phases that we go
through. We get here, we disagree, we'll defer it, they'll meet, they'll come here, and sometimes, they
don't agree, and, you know, it gets to a point -- I want to know prior, has there been any meetings
between the developer and the homeowners to see if something has been able to be worked out?
Ms. Pardo: Yes. We have had five different meetings with different homeowners associations. And
actually, our first meeting was with about five to ten neighbors from the South Miami Avenue, which we
met with them over a month ago on September 23rd. And my client has a lot of money at stake on this
particular project. And we did file our MUSP in May -- I mean, I'm sorry, excuse me -- in June of this
year, and we've gone to public hearings. We have gone to Plat and Street, and they recommended
approval. We've gone to Planning Advisory Board, Zoning Board, Planning staff. Everybody has
recommended approval. And my client has a lot of money at stake. However, my client has worked with
other neighbors along the way, and we've already agreed to certain concessions to incorporate it into this
project, and he is still willing to work with these neighbors. And I'm going to let him address that for you.
And with the November 16th date, we can do that. But if he could just have wmoment.
Vice Chairman Gort: Yes, sir.
Alan Oyeda: My name is Alan Oyeda. I'm the developer of this proposed project. I'm the developer,
also, of the J.W. Marriott and Barkley's Financial Center. This is a hundred and forty million dollar
($140,000,000) project. I have already invested one million dollars ($1,000,000) in this project. And I
met five times, five times in the last month. So simply saying, "We're not familiar with the project," I
don't think it's valid. But as a good faith effort --
(INAUDIBLE COMMENT)
175 10/26/00
® 0
Mr. Gibbs: Shh, please, please.
Mr. Oyeda: Excuse me. Excuse me.
Vice Chairman Gort: Excuse me, sir. Excuse me.
Mr. Oyeda: As a good faith effort, to say, "I'm going to meet the sixth time." The only thing I'm asking,
please, if we meet for the sixth time with different groups, is that the next time we come here and we -- we
should talk strictly, completely about this project. I am a long-term person. I want -- and I said that many
times to all these neighbors, and I think they can testify that I've been talking and talking until late at night
that I want to inform as much as possible to as many people as possible. This continuance for November
16th is very important in the sense that you feel that after five times, me and my architect explaining to you
all the project, incorporating suggestions that you have made is not enough, I'm willing to do it.
Vice Chairman Gort: Well, Commissioner Winton, that's your district.
Commissioner Winton: Allan, I think you all did one heck of a job on the J.W. Marriott Project.
Mr. Oyeda: Thank you.
Commissioner Winton: But I'll tell you, this is a different project in a different location. And I've had a
chance to go through the book. By law, I'm not allowed to talk to either party, so I've talked to no one.
But I understand real estate. And what you're asking for is going to be something special coming back
from the City, and that's road closures. From my viewpoint, I think that the density of this project is
awful. I think that --
Commissioner Teele: Hold it, hold it, hold it.
Vice Chairman Gort: Don't discuss anymore.
Commissioner Teele: You need to be real careful, because nothing is in evidence, per se.
Commissioner Winton: Right. But --
Commissioner Teele: Other than what's in the book.
Commissioner Winton: I've already talked to the City Attorney, So I just want the developer to know
I've looked at this. I'm not a fan of the way this project -- and he ought to know before he comes. If he's
going back and looking at the -- and going back and talking to the neighborhood, then the signal that I'm
trying to send is that with that location -- and you need something back from the City, and that's alley
closures. If this site was already zoned, everything was ready to go, that would be a different issue,
because you'd have everything you need. But you don't have everything you need. You need the City to
take an action. The action of the City is to close alleys. Closing alleys is what allows for this density.
Without the closure of those alleys, that density can't happen. So I just don't -- I don't want -- there's an
opportunity here for me to tell you part of what I am thinking right now so that you can build that into
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your process as you're going forward. I don't want you to waste more money. I think you've done great
projects. So I just want to make sure, because I have an opportunity here from a public hearing standpoint
to make some comments to you as you're going back to the drawing board. I wanted you to hear those
before you go back to the drawing board and end up back here where I'm going to make those comments,
anyhow. So that's what I'm trying to do here.
Mr. Ojeda: May I say something, sir?
Commissioner Winton: Sure.
Mr. Ojeda: When I finish -- actually, I'm finishing this project, the J.W. and Barkley's -- I was looking to
do a residential project of the same quality. Let's put it in general terms. And I start looking for property
to build the residential project. Obviously, a residential project has to be built, somehow, some way, near
residential areas. The real estate makes sense. It doesn't make sense to do it in the midst of office
buildings. So I found this piece of property that's already zoned. So I have asked my architect how much
can I build here, before even meeting with the City. The density here is -- and correct me if I'm wrong -- I
think it's 500 units to the acre. We're doing half of that. And parking, we are providing 50 percent more
parking. So, really, what I'm doing --
Vice Chairman Gort: Look, I'm sorry, I don't mean to interrupt you, but what's in front of us right now is
to defer.
Commissioner Teele: That was my only point in cutting --
Vice Chairman Gort: Because we're not listening to merits, because if I listen to you, then I have to listen
to the opposition, and then we'll listen to the case. You're better off -- and my understanding is, my
experience in the past, this has worked, because right now, if anything is to take a decision right now, I
don't think it would be in your favor. So I think the best bet for you is to get together, come back. And
you heard from the Commissioner in the district, and he's the one that's going to be making the motion.
But it's very important that you get together. Now, we're going to hear on the 16th. You're going to have
a chance to make your presentation, but we're going to hear this on the 16th, and we'll make a decision on
the 16tH
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Now, this looks like a federal case. I don't know if it is or not. We're going to not
have but one meeting in November, so we're going to have a very long and prolonged process. I would
strongly recommend that we set this up for a time certain.
Mr. Gibbs: Thank you.
Vice Chairman Gort: Time certain at 5 o'clock.
Commissioner Sanchez: Five o'clock.
177 10/26/00
Mr. Gibbs: Thank you.
Commissioner Teele: That works for everybody's benefit, and so tempers can do it. And I also think it
would be helpful if you would state when and where maybe you could have a meeting with the
community, because apparently, you all can work that out, and you all are representing -- OK. Because
we really would like to not get into a lot of repetitive discussion on the issues, and try to narrow in.
Commissioner Sanchez: Mr. Chairman, if I may, before we turn it over. I just want to clarify one thing.
When the improper notice was brought out, I heard -- I sensed some people going -- we got to -- Was
there proper notice given? Was there proper notice given?
Mr. Gibbs: You want to deal with that? Because that's your neighborhood.
Leo De La Pena: If I could be heard to this.
Commissioner Sanchez: Wait a minute. Hold on.
Mr. Maxwell: Staff can respond to that.
Commissioner Sanchez: Staff, I'd rather the staff respond. Staff, was there proper notice given? So this
doesn't come back as another, you know, discussion item at a later date.
Teresita Fernandez (Executive Secretary, Hearing Boards): This is Teresita Fernandez from the Office of
Hearing Boards. Proper notice was given to this particular project, yes.
Commissioner Sanchez: OK. And when we talk about proper notice, we're talking about 375 feet from
all four corners of the area?
Ms. Fernandez: That's correct.
Commissioner Sanchez: OK. Now --
Ms. Fernandez: Plus advertising in the paper, plus posting.
Commissioner Sanchez: OK. I'm not going to dispute the facts. If you state proper notice was given,
proper notice was given. Let me tell you the biggest concern that I get, being that I represent the Roads
and a good portion -- although you represent Brickell, I attend their meetings -- is that somehow along the
way, people feel that the posting sign, the 375 feet isn't enough. In other words, sometimes, they find out
about a project when it's being heard here in the Commission. And that is a concern to them, and that's
why I think in a lot of ways, it creates animosity. And I shouldn't use the word, "animosity," but a little
bit of friction between the homeowners and the developer. Now, I would like -- There is a -- there is a
rule that the -- any homeowner who is registered with the NET (Neighborhood Enhancement Team)
Office, as soon as they are notified of the posting, they would be notified, correct? If they're registered
homeowners? Homeowners Association registered within the NET offices. Is that happening? Because
that continues to be a concern that's been brought. And then they come here, and the argument is made,
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and then the developer gets caught off guard, the same way the homeowners get caught off guard when
the issue goes on.
Ms. Fernandez: My office only notifies people within the 375 feet radius and the NET Office. We do not
notify any particular person. But for the Class 2 special permits, we do. And Lourdes is here to testify on
that.
Vice Chairman Gort: Well, you have to make sure, and the administration, that the NET Office, once they
receive a notification, to make sure they notify all the registered individuals and homeowner associations.
We have to make sure we do that.
Commissioner Sanchez: So that is not an issue. The posting is not an issue here?
Mr. De La Pena: Yes, it is.
Mr. Gibbs: Not -- well --
Commissioner Sanchez: I want to clarify that. The other thing is that at a later time, I will present an
ordinance to change the 375 to 500, with the recommendation of the City, going through the City, just like
Coral Gables has it. But I don't want this to come back and be another obstacle in the way, when we
prolong development in our City. And, you know, we have to be fair to both sides here. We have to listen
to both cases and then make our decision. Based on the deferral, if it's the will of the Commissioner who
represents that district, you know, we'll vote to defer.
Commissioner Teele: Mr. Chairman, I think we should move forward with the deferral, but I think it's
really important. There's one or two people who are nodding their heads vigorously that they didn't get
notice. And I'd much rather clarify those issues now, rather than waiting till the 16th
Mr. Gibbs: Can I clarify? Because I --
Commissioner Regalado: Excuse me, excuse me.
Mr. Gibbs: OK.
Commissioner Regalado: Mr. Chairman, if I may. I have about 50 complaints. And this is in another
case, but I just want to bring this up, because we may resolve or decide on a policy of what we're going to
do. There was a meeting on the Planning Board for change of zoning; I think it was, on my district,
District 4. And about 50 residents came here, and apparently, there wasn't any posting or any advice
given to the residents, and the issue was deferred. One of the City Attorneys told these people that they
should complain to their elected officials, that in this case, it was me, mainly me, because the people
impacted were from Coral Way to 25th Street; and second, Johnny Winton, because Johnny has 24th
Terrace, the south sidewalk, south side, and 25th. So I kept getting calls from people. And I told them that
I could not speak to them on the issue of the zoning. But apparently, they were told by a City Attorney
that they could complain to me about the lack of posting.
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Mr. Maxwell: Commissioner, may I -- Mr. Chairman, may I respond to that? I am familiar with the
situation you're speaking of. I was briefed by the Assistant City Attorney that did handle that for the
Planning Advisory Board. I believe what -- First of all, I believe it was a member of the Planning Board
that first advised them to contact their elected officials, not the attorney. What the attorney did explain to
them was that they could --
Commissioner Regalado: No, no, no, no.
Mr. Maxwell: I know where you're going with that, Commissioner. What the attorney did explain to
them was that they could, in her opinion; they could contact the Commissioners regarding the procedural
problems the City was having in general with notice. And that is correct. That doesn't violate Jennings.
You cannot talk about the specific case, that specific zoning case, but certainly, they can talk to you about
the lack of notice.
Commissioner Regalado: Joe, Joe, excuse me. And this is why I'm bringing this up, because we could --
we should set a policy so we don't -- see, we don't need to make people come here for nothing. I mean,
people have to do things. They work or they need to rest, or they need to be with. their family. These
people spend from 6 to 9 p.m. here, and they all went around their neighborhood reminding people. It's
very difficult to come from work and come here. So what I'm saying is we need to establish some kind of
policy in order-- If there is not the right posting, you know, you don't'-- you don't -- you advise the
people that it's not going to be heard, the case, or whatever. But it is a situation that affects the residents
and directly the elected officials.
Vice Chairman Gort: What we're saying is if for any reason, legal or whatever reason you're not going to
hear a case, people should be informed immediately, so they don't spend the time in here.
Mr. Maxwell: When we become in the Law Department aware that there is a notice deficiency that is
jurisdictional, it has been our practice in the past to immediately notify all parties that that item shouldn't
be heard, and you have experienced that in the past.
Vice Chairman Gort: Right.
Mr. Maxwell: The thing is that most of the notice that you hear complaints about deals with mail notice.
And under Chapter 62 of our Code, mail notice is courtesy notice.
Vice Chairman Gort: I understand.
Mr. Maxwell: Other than to the property owner. It does not void any action taken,by this board, or any
lower board. Therefore, it does not deprive you of jurisdiction, and you can, if you'd like, hear the item.
Vice Chairman Gort: What I'd like for the Administration to look into is this has been going through
three different boards, it's my understanding. I think from the beginning, from the first board, it should be
going through the NET, and the neighborhood associations should be notified so they can be part of the
original, so we won't be wasting time. And at that time, we'd be able to bring a lot of the compromise and
a lot of things together. So let's try to see what you need to do in order so that as soon as the first one
comes up, everyone is notified so they can participate. Because my understanding is, from seeing so
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many people here, they feel they have not been part of the process. And I think that's why they're here.
OK.
Mr. De La Pena: Mr. Chairman. Mr. Chairman.
Vice Chairman Gort: Yes.
Mr. De La Pena: My name is Leo De La Pena. I live at 2055 South Miami Avenue. I want to address the
issue of notice. This morning, I walked 375 feet from the proposed.project on South Miami Avenue. On
the southwest side of South Miami Avenue, 375 feet puts you right in the middle of Simpson Park.
Obviously, no homeowner lives in Simpson Park. On the southeast side of South Miami Avenue, you
have a doctor's office, then you have a home that is owned by the doctor, that is occupied by his caretaker.
Then you have a two -acre empty lot. On the east side, the 375 feet is right in the middle of the two -acre
lot. Therefore, no resident homeowner of South Miami Avenue received notice.
Vice Chairman Gort: Sir, sir, you need to understand: We have an ordinance we have to go by. It says
375. My understanding is it's a courtesy ordinance. Commissioner Sanchez here is going to try to bring it
up so they can extend it to 500 feet. But some cases -- they're all different. I mean, some might have
residential. Some might have a vacant lot. We can't expand it because it's a vacant- lot. We have to
follow the guidelines. OK?
Mr. De La Pena: Thank you.
Vice Chairman Gort: Thank you.
Commissioner Sanchez: Listen, I'm just looking at the technical aspect of it. I want to weed out so I
could hear your case and then hear their case, because basically, we're a judge up here. We listen to both
cases. One is the -- that's an SD -5 unlimited, correct? That is, that's an SD -5 unlimited?
Lourdes Slazyk (Assistant Director, Planning and Zoning): That's SD -5 zoning. I don't know what you
mean by "unlimited."
Mr. Gibbs: Unlimited height.
Commissioner Sanchez: What can you build there?
Ms. Slazyk: Height, yes. Height is unlimited. There are FAR (floor/area ratio) limitations.
Commissioner Sanchez: So he's building within the rights. He's building within the rights of the zoning.
Ms. Slazyk: Yes.
Commissioner Sanchez: OK. Now, the variance could be a problem if there's a variance, and then the
road closure is the other issue that we need to discuss. Those are the issues that you have a concern with.
Mr. Gibbs: Yes, sir.
181 10/26/00
Commissioner Sanchez: OK.
Mr. Gibbs: Mr. Chairman, one last comment on notice, because someone -- I think Commissioner Teele
asked specifically, because people were nodding back here, about defective notice. I'm not talking about
mail notice. I'm talking about posting. It is my understanding from discussing this with my clients back
here that the notice that is on Southwest 20 -- where is it?
Unidentified Speaker: Fifteenth Road.
Mr. Gibbs: Fifteenth Road is -- the notice that was posted there is a notice from the PAB (Planning
Advisory Board) meeting, that this meeting wasn't noticed. Now, I spoke to Teresita, and she did tell me
that she does have an affidavit, which she will find forme. But that's the only notice that my clients have
seen, the only (unintelligible) sign they've seen, and that has a PAB notice on it, and that was back in
September, my understanding is.
Vice Chairman Gort: Thank you. OK. Is there 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. 00-960
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ -3 (PROPOSED CLOSURE 538 FEET OF PUBLIC RIGHT-OF-WAY
LOCATED APPROXIMATELY NORTH OF S.E. 15TH ROAD,
RUNNING PARALLEL AND BETWEEN SOUTH MIAMI AVENUE
AND BRICKELL AVENUE) TO THE COMMISSION MEETING
CURRENTLY SCHEDULED FOR NOVEMBER 16, 2000, AT 5 P.M.
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
Mr. Gibbs: All three items.
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Vice Chairman Gort: Time certain, 5 o'clock on the 16th
Mr. Gibbs: No, it's three items.
Commissioner Teele: Now, this is three separate items?
Mr. Gibbs: That's correct.
Ms. Fernandez: PZ -3, PZ -4 and PZ -5.
Commissioner Teele: That was the motion, Commissioner Winton?
Vice Chairman Gort: All of them.
Mr. Gibbs: Can you do that?
Mr. Maxwell: No. It's just a -- you need to amend it. You.need to include those other two.
Vice Chairman Gort: Yes. A motion for the other items, too.
Commissioner Teele: Why don't we do a second motion on the other two.
Mr. Gibbs: Thank you. On each one.
Vice Chairman Gort: Both at a time certain, November 16th, Item 3 and 4.
Commissioner Sanchez: Five o'clock.
Commissioner Winton: On the other two here, so that they're all the same thing. So move.
Commissioner Sanchez: November the 16th, 5 o'clock.
Commissioner Teele: Second the motion on Item 4.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you. Thank you all.
183 10/26/00
•
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-961
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ -4 (PROPOSED CLOSURE OF 337 FEET OF PUBLIC RIGHT-OF-
WAY LOCATED APPROXIMATELY NORTH OF S.E. 15TH ROAD,
RUNNING PARALLEL AND BETWEEN SOUTH MIAMI AVENUE
AND BRICKELL AVENUE) TO THE COMMISSION MEETING
CURRENTLY SCHEDULED FOR NOVEMBER 16, 2000 AT 5 P.M.
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 Teele: You want to move it on 5, Johnny?
Commissioner Winton: So moved on 5, as well.
Commissioner Teele: Second on item 5.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
184 10/26/00
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-962
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ -5 (PROPOSED MAJOR USE SPECIAL PERMIT FOR PARK
PLACE AT BRICKELL PROJECT LOCATED AT APPROXIMATELY
1450 BRICKELL AVENUE) TO THE COMMISSION MEETING
CURRENTLY SCHEDULED FOR NOVEMBER 16, 2000 AT 5 P.M.
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
185 10/26/00
54. TABLE CONSIDERATION OF PROPOSED AMENDMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN LAND USE DESIGNATION FOR PROPERTY AT 2500 BRICKELL
AVENUE FROM SINGLE-FAMILY RESIDENTIAL AND MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL TO HIGH DENSITY MULTIFAMILY RESIDENTIAL AND PROPOSED
AMENDMENT OF ZONING ORDINANCE FROM R-1 SINGLE-FAMILY RESIDENTIAL AND R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO R-4 MULTIFAMILY HIGH-DENSITY
RESIDENTIAL (See #61 and 462).
Vice Chairman Gort: PZ -6.
Tucker Gibbs: Mr. Chairman.
Vice Chairman Gort: Yes.
Mr. Gibbs: While we have the Roads Association here, we have one last Roads item that we'd ask for a
continuance on, and that's on items 14 and 15, and that deals with the Hampton Inn. And we'd like to ask
for a deferral until the next meeting. Correct? November 161''.
Chad Williard: I'd just like to qualify that just a bit, if I could.
Vice Chairman Gort: Hold it, excuse me, excuse me. Hold it. Let's conduct this meeting. OK? Are you
requesting a continuance?
Mr. Williard: At the request of the homeowners, I've been asked to continue, and if we can have --
Commissioner Sanchez: Come on.
Joel Maxwell (Assistant City Attorney): He's agreeing to that, Mr. Chairman?
Mr. Gibbs: Mr. Chairman, can I explain.
Commissioner Winton: This is second reading?
Mr. Gibbs: Yes. Public hearing, second reading. Mr. Chairman, can I explain why? So you all --
Vice Chairman Gort: Yes, sir, go right ahead, Tucker.
Mr. Gibbs: The reason is, is that there is a covenant, which is something that you all cannot discuss and
deal with, but there is a covenant on the property. In discussions with opposing counsel, we had basically
come to a verbal agreement on concerns that the Roads and South Miami Avenue community had about
this particular project, and some things that were not in the covenant that they are now willing to put in the
covenant. However, because we just came to this arrangement within a couple of minutes ago, it is
difficult to memorialize that, get it signed and be able to deal with it.
Vice Chairman Gort: Thank you, sir. Is there a --
186 10/26/00
Mr. Gibbs: Mr. Chairman, though, can I ask if you all grant the deferral, could you grant it for a time
certain, so this gentleman doesn't have to wait through the Park Place issue, and make it right before that?
Because it's going to be a two-second item.
Vice Chairman Gort: My understanding is this is a continuance.
Mr. Gibbs: Right.
Vice Chairman Gort: In order to be a certain date and a time certain --?
Mr. Maxwell: You can do it. You can continue to the 16th
Mr. Williard: A deferral or whatever, if I could.
Vice Chairman Gort: To the 16th, because the --
Commissioner Sanchez: Do you accept the deferral?
Mr. Williard: Based on the condition that I think Tucker just raised, which is, I mean, we got this
approved at first reading back in November of '99.
Vice Chairman Gort: Your name and address, please, sir.
Mr. Williard: Thank you. Chad Williard, office at 999 Ponce De Leon Boulevard, Coral Gables, here on
behalf of the applicant, Charles and Linda Leeman. As I said, November of '99, we got this approved at
first reading, with the support of the Roads Homeowners Association, I might add, at that time. About 15
minutes ago, Tucker Gibbs came to me and said, "We'd like an additional condition put into the covenant
which basically says that we will build in substantial compliance with the site plan. We're willing to do
that. And if it takes a deferral to do that, we'll do that, too. However --
Commissioner Sanchez: Tucker, why don't you step outside and see if you guys could work this out.
Mr. Gibbs: No, we have worked it out. I mean --
Commissioner Sanchez: Then why do we have to --
Commissioner Winton: Well, then, why do we have to defer it? Why can't we deal with this issue?
Mr. Gibbs: Well, because he needs his -- he needsthe assurance and we need the assurance that it's in
writing, because we haven't seen it in writing. And it's literally an act that will take you -- if you
scheduled it for 4:59, it would --
Vice Chairman Gort: Listen, let me tell you something. You've been here. We can make the motion
subject to this paper being signed. So we'll listen at the time it comes.
Mr. Gibbs: I don't have a problem. Ms. Magymahaly, it's OK. It's OK.
187 10/26/00
Vice Chairman Gort: Item 6.
Mr. Maxwell: Commissioner, I would suggest you not do that.
Vice Chairman Gort: Item 6. You guys get back. Let's go. Item 6.
Eva Nagymahaly: Excuse me. Can I speak on this issue, as well?
Vice Chairman Gort: Ma'am, Item 6 at this time. We're not going to listen to this now. We'll listen to it
at the time when it comes in front of us.
188 10/26/00
55. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, CITY'S
COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FOR
PROPERTIES LOCATED AT 1900-1902 AND 1910 S.W. 7TH STREET AND 710 S.W. 19TH AVENUE
FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"
(Applicant(s): Washington Mutual, F.A., Emilio Lopez and Fernando Alfonso).
Vice Chairman Gort: Item 6.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Item 6 and 7 -- Oh, for the record, Lourdes
Slazyk, Department of Planning and Zoning. Items 6 and 7 are companion second reading items for land
use and zoning for the Washington Mutual property at 1900, 1902 and 1910 Southwest 7th Street and 710
Southwest 19th Avenue, from multifamily medium density residential to restricted commercial. The
Department is recommending approval. It has also been recommended for approval by the Planning
Advisory Board, and the Zoning Board, and passed first reading by this Commission on September 28,
2000.
Commissioner Teele: Is there opposition to this, Mr. Chairman.
Vice Chairman Gort: This is the second reading. Is anyone in opposition to Item 6? Being none, we're
closing the public hearing.
Ms. Slazyk: Six and 7.
Vice Chairman Gort: Do I have a motion?
Commissioner Winton: Move it.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded.
Joel Maxwell (Assistant City Attorney): It's an ordinance.
Vice Chairman Gort: Any further discussion? All in favor state it by saying "aye."
Mr. Maxwell: It's an ordinance, Commissioner.
Vice Chairman Gort: An ordinance. I'm sorry. Read it, yeah.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: Call the roll.
189 10/26/00
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 1900-1902 AND 1910 SOUTHWEST 7" STREET
AND 710 SOUTHWEST 19" 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.
passed on its first reading, by title, at the meeting of September 28, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner
Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11984.
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.
Note for the Record: Although absent during roll call, Commissioner Sanchez requested of the City
Clerk to be shown as being in agreement with the motion.
190 10/26/00
•
•
56. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING
ORDINANCE, BY AMENDING ZONING DESIGNATION FOR PROPERTIES LOCATED AT 1900-
1902 AND 1910 S.W. 7TH STREET AND 710 S.W. 19TH AVENUE FROM R-3 MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL (Applicant(s): Washington
Mutual, F.A., Emilio Lopez and Fernando Alfonso).
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -7 is the companion.
Commissioner Teele: So move, Mr. Chairman.
Commissioner Regalado: Second.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Vice Chairman Gort: OK. Roll call.
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 MEDIUIM-DENSITY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED
AT APPROXIMATELY 1900-1902 AND 1910 SOUTHWEST 7TH
STREET AND 710 SOUTHWEST 19TH AVENUE, MIAMI, FLORIDA,
LEGALLY DESCRIBED IN ATTACHED EXHIBIT "A";
CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
191 10/26/00
passed on its first reading, by title, at the meeting of September 28, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner
Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11985.
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.
192 10/26/00
11
57. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, CITY'S
COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FOR
PROPERTIES LOCATED AT 5061-5075 BISCAYNE BOULEVARD FROM "OFFICE" TO
"RESTRICTED COMMERCIAL" (Applicant(s): Fiftystreet Investment, LLC).
Vice Chairman Gort: Item PZ -8, second reading.
Commissioner Winton: Move it.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Is there anyone here in opposition on discussion of
Item PZ -8? This is an ordinance. 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. Is there anyone here in opposition to this item? Roll call.
An Ordinance entitled
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 5061-5075 BISCAYNE BOULEVARD, MIAMI,
FLORIDA, FROM OFFICE TO RESTRICTED COMMERCIAL;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
193 10/26/00
passed on its first reading, by title, at the meeting of September 28, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner
Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11986.
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.
194 10/26/00
58. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING
ORDINANCE, BY AMENDING ZONING DESIGNATION FOR PROPERTIES LOCATED AT 5061-
5075 BISCAYNE BOULEVARD FROM "O" OFFICE WITH SD -9 OVERLAY DISTRICT TO C-1
RESTRICTED COMMERCIAL WITH SD -9 OVERLAY DISTRICT (Applicant(s): Fiftystreet
Investment, LLC).
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -9 is companion.
Commissioner Winton: Move it.
Commissioner Teele: Second.
Vice Chairman Gort: Second reading. It's been moved and it's been seconded. Read it.
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 ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AMENDING PAGE NO. 15 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
"O" OFFICE WITH SD -9 OVERLAY DISTRICT TO C-1 RESTRICTED
COMMERCIAL WITH SD -9 OVERLAY DISTRICT FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 5061-5075
BISCAYNE BOULEVARD, MIAMI, FLORIDA, LEGALLY
DESCRIBED ON ATTACHED EXHIBIT "A"; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
195 10/26/00
passed on its first reading, by title, at the meeting of September 28, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner
Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11987.
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.
196 10/26/00
59. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, CITY'S
COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FOR
PROPERTY LOCATED AT APPROXIMATELY 1951 N.W. SOUTH RIVER DRIVE FROM
"INDUSTRIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL" (Applicant(s): Wallace and
Laverne Kreidt).
Lourdes Slazyk (Assistant Director, Planning and Zoning): Ten and 11 have been deferred. PZ -12 and 13
are companion items. They're second reading ordinances to amend the zoning and land use for the
property at 1951 South River Drive from industrial to high density multifamily residential, and for the
zoning, from SD -4 to R=4. The Department has recommended approval. It was recommended approval
by the Planning Advisory Board, and by the Zoning Board and it was passed by the City Commission,
first reading, on January 27th of 2000.
Vice Chairman Gort: Thank you.
Commissioner Sanchez: That's your district, I think.
Vice Chairman Gort: OK.
Commissioner Teele: Hold on one minute.
Vice Chairman Gort: It's my district. Yes, sir.
Gilberto Pastoriza: Good evening.
Vice Chairman Gort: This is second reading.
Commissioner Sanchez: Yeah.
Mr. Pastoriza: Yeah. Gil Pastoriza, 2665 South Bayshore Drive. You guys heard this item back in
January 27, 2000. You unanimously approved it. It comes with a long history of approvals. I believe for
the first time, there may be somebody else here that may want to speak. What I would like to do is reserve
time for rebuttal.
Vice Chairman Gort: Yes, sir. Are you in opposition of this item?
David Miller: Yes, Mr. Chairman. My name is David Miller. I'm the Managing Director of the Miami
River Commission, and I'm here to provide the Miami River Commission's input concerning this item.
Basically, the Commission was -- provided under City of Miami Resolution 00-320, the Miami River
Commission is hereby requested to issue an official statement prior to City Commission deliberations of
such issues which shall identify the impact, if any, of environmental, economic, social, recreational or
aesthetic matters related to the Miami River. On our meeting, the Miami River Commission meeting on
October 2"d, we passed a resolution opposing this land use change. I apologize for not being here at an
earlier meeting, but it was our understanding at the time that the land use change had to go to the State of
Florida, and regional areas. But with the recent change in urban infill requirements, that has now been --
is not required. We were going to comment when the state came out. Basically, our position is that the
197 10/26/00
subject property currently has a land use designation of industrial, and corresponding zoning classification
of SD -4 waterfront industrial. The current land use designation is consistent with the comprehensive
neighborhood plan's provision for the Port of Miami River, specifically, Objective 5A-3.1. The City of
Miami, through its land use development regulations shall help protect the Port of Miami River from
encroachment by non -water -dependent or water -related uses and shall regulate its expansion and
redevelopment in coordination with the City's applicable coastal management and conservation plans and
policies. Additionally, I'd like to bring attention to this Commission that the Miami River Commission, in
conjunction with the City of Miami and the County, they have signed a joint planning agreement, and
we're working very diligently in developing a Miami River urban infill plan that will address a bulk of the
properties, vice, independent, occasional changes here and there. And our main opposition is this has
been done, unfortunately, many times in the past, and what you have is a commercial area operating right
next to a residential and all it causes is problems.
Vice Chairman Gort: OK. Thank you, sir. Next.
Commissioner Teele: Let me just -- Mr. Chairman, are you -- what are you stating, though? I mean, I
heard everything you said. What is your request of the Commission?
Mr. Miller: To not do the change. We oppose this request, and not change it, to maintain the water --
dependent water -related industrial use. They're not making any more of that property around, and we
need that for the economic development of the river.
Commissioner Teele: May I just inquire? Your board approved your recommendation?
Mr. Miller: I'm providing the resolution that the board approved, yes.
Commissioner Teele: Is that the position of the Commission? And is that going to be the position of the
Waterfront Commission --
Commissioner Regalado: The Miami River.
Commissioner Teele: -- the Miami River Commission -- consistently on all of these industrial uses that
are for, currently, for maritime and marine purposes?
Mr. Miller: Basically, our position is on -- that we need to do -- we want to do this joint City/County
urban infill plan and come up with an overall plan for the river corridor that identifies where we believe
commercial activities or recreational boating activities and residential would be more suitable for the river,
rather than piece-mealing spots here and there.
Commissioner Teele: Alf right. Thank you very much. That's a very noble idea.
Mr. Miller: Thank you, sir.
Ernie Martin: I'm Ernie Martin. I'm your representative on the Miami River Commission, representing
homeowners and civic associations along the river. I wanted to clarify a little bit about what he said. The
work that one of our members, Jim Murley has been doing with the City and the County is somewhat of a
198 10/26/00
model under the new legislation that has been promoted by the state to come up with revisions to cities
that are trying to deal with the eastward -ho movement, the idea of trying to do infill housing that -- I will
identify areas that have been leapfrogged over in the past. So one of the first applications for this is
pending for a Miami River study. And as we are preparing the work for a greenway, which we have been
working hard on for the Miami River greenway to bring to you by January, it includes some very clear
distinctions as to the nature of the river. And you know, our river is one of the most colorful in the nation.
And we believe that the river can be a sort of destination landscape, as it is for Portland, Oregon, along the
(unintelligible) or as the Potomac is to -- in Washington, or as the Charles River is in Boston. And we
think that our unique character, which reflects that we have a working river, needs to be maintained. At
the mouth of the river, what we call the lower river is an urban destination landscape that we hope can
become an urban entertainment and restaurant district, similar to what a destination landscape in the
Grove or South Beach is. In the middle part of the river, beginning at the 5"' Street Bridge and going all
the way to the 22nd Avenue Bridge, it's characterized by a series of Miami's earliest suburbs, some very
charming neighborhoods, including the one I live in called Spring Garden, and also Grove Park, which is
adjacent to this site, and Durham Park, which is across the fork from this site, and some wonderful parks.
Sewell Park, one of the most beautiful, although underutilized parks in the City of Miami, and Curtis Park,
one of the most utilized. And we're trying, through the greenway, to connect and maintain that historic
low-density character of the middle river. At the upper end of the river is the industrial section, and that's
where the working river comes in. So we have a river that is unique in the country, in that all these
freighters doing work with the shallow draft Caribbean are paraded through our City. And we're trying to
gain access to the river on the behalf of the residents of the area. We think the character of the middle
river is low density historic. The residents in the area do not feel that this project should go forward until
such time as the grant that's been applied for -- we have some preliminary findings from your staff. So
thank you.
Vice Chairman Gort: Thank you, sir.
Commissioner Teele: Mr. Chairman, again, I just -- Mr. Martin, you said you're -- whose appointee are
you?
Mr. Martin: The City of Miami appointed me.
Commissioner Teele: So why did I think I appointed you all of a sudden? In any event --
Mr. Martin: Well; of course, you are my Commissioner. I'm in your district.
Commissioner Teele: But what is your recommendation, again, in very simple language?
Vice Chairman Gort: To keep it industrial.
Commissioner Teele: Keep it industrial. But why didn't you come forward when we began this process?
I guess that's what I'm trying to understand.
Mr. Martin: Nobody really happened to see anything about this until after it had already occurred. We're
certainly not within that notification area. In fact, almost all of the areas immediately adjacent and
abutting this property are not residential, so the residents of the area did not know anything about it.
199 10/26/00
Vice Chairman Gort: Well, I'll point out some issues later on that I have with that, and I have a big
problem with that.
Commissioner Teele: Thank you, Mr. Martin.
Mr. Martin: Thank you.
Dr. Fran Bohnsack: Hello. My name is Dr. Fran Bohnsack. I'm the Executive Director of the Miami
River Marine Group. Some of you are aware that that's an organization of the marine industry on the
Miami River, cargo carriers and tugboats, et cetera, the marinas and so on. We are here -- we oppose this
use. I'm speaking for my organization, but I think it's important that you know that I also volunteer with
efforts of the Miami River Commission, and with the efforts that Dr. Martin just spoke about, the
Greenways Committee. And I think that we all have come to a similar understanding, and a way to make
the best use of the river by investing many hours of our time and energy in the subcommittee, which is this
urban infill plan. Commissioner Teele, I know you asked the previous speaker why he didn't come
forward before. I will tell you that I was aware of this some time ago, several months ago, and have
talked to folks about it. And my understanding -- perhaps a flawed understanding -- but my understanding
of the appropriate recourse was that the agreement between the River Commission and the City of Miami
would allow that issue to be heard there. And we did hear it in subcommittees, and discuss it. And of
course, this is now a second reading, but my first opportunity to explain that if you take away what is a
working waterfront -- and that particular piece really is as much a part of the working waterfront as any
residential area -- there's nowhere to replace it. There are many, many places to put high-rise, single-
family high-density units, and near the river, and we support that. And we support downtown
development, and we support the neighborhoods. But this particular piece could be critical to the
greenway, and critical to its neighbor. And its neighbor, by the way, is here with me. He owns
Consolidated Yachts, formerly known as Allied Marine, and he'll give you some very specific information
about the revenue he generates, and the employees he has, and his plan for the future. And we have
always looked at finding a cooperative plan, a like use of industry and the greenway for that area. So at
least if it could be deferred until the infill plan is done, and then your best decision, of course, is what we
will respect and abide by. But the request today -- and that could be a time certain -- is to please give us
the opportunity to complete that plan.
Vice Chairman Gort: Thank you. Next.
Jim Gardiner: They've obviously saved the worst speaker for last, so my name is Jim Gardiner. 2051
Northwest 11th Street is our place of business.
Walter Foeman (City Clerk): They're working on the mike, sir.
Mr. Gardiner: Oh. This. is my boatyard. This is the property for which the zoning wishes to be changed.
I'm here to fight for the preservation of waterfront industrial. The reason is to provide for me jobs. And
when I moved to Miami in '89, I worked out of the back of my truck. I rented space on the Miami River
and then subsequently at the Dinner Key Boatyard. And in '91, I got a contract for 300 -foot motor yachts.
And owning a house in South Miami, I tried everything possible to find a place to build these boats in
Miami, but I couldn't.. So I got at least a 16,000 square foot building in Fort Lauderdale, and I was there
200 10/26/00
for up until September of 1998. And, you know, we did, you know thirty-eight million dollars
($38,000,000) worth of boat construction and repair.
Commissioner Winton: Excuse me. Could you speak -- bring the mike up so you can speak into it, so I
can hear you better. Thank you.
Mr. Gardiner: Well, after moving to Fort Lauderdale, the business in Fort Lauderdale, we did -- up until
September of 1998, we did thirty-eight million dollars ($38,000,000) worth of boat construction and
repair. Approximately ten or eleven million of that was payroll to employees. And subsequently, we
moved down here, leased this property October 24th, last year. And at that time, you know, basically,
there were no jobs. Currently, there's 55 people on my payroll, and in addition, probably another 50 from
the 14 other marine waterfront -related businesses that are there. You know, perhaps the unified residential
zoning made sense previously. The property -- in fact, the realtor for the property adjacent listed this
property as available, and when it was vacant with not a soul there. Perhaps, you know, turning that into
some big apartment complex may have made some sense. However, you know, my money on the
property has gone hard. And, you know, next year, I plan on have 100 employees. And the year after
that, 150. And our revenues, starting from zero, will be probably close to six million dollars ($6,000,000)
this year, and I expect them to be twelve million dollars ($12,000,000) in two years. And with the
resulting impact, to give some idea of the overflow impact for having a place for large yachts to come,
there are in the three -- in the tri -county area between Palm Beach and Miami =- and these are 1997
figures, they've increased dramatically -- just the large yachts alone, which we handle -- I mean, we
currently have just hauled a 151 -foot sailboat, and we're hauling a 107 -footer on our other elevator, that
was a hundred and ninety-nine million dollars ($199,000,000) worth or work. The average expenditure
per boat was two hundred and thirty-six thousand. The people that own these boats, you know, they have
hotel rooms, they own real estate, they spend a lot of money here. And Fort Lauderdale has reaped that.
It has always been my feeling that Miami had a wonderful opportunity to pull that business. In fact, there
is no -- Fort Lauderdale is full. I mean, we get a call every two days for a place to bring their boat. And
so I feel that prior to us being there, perhaps it made sense to change this. But now, we're a thriving
shipyard, we're providing a lot of jobs. And to have a high-rise adjacent to it, I don't feel would
necessarily be the best use of that land. That's all I have to say.
Vice Chairman Gort: Thank you, sir. You have a few minutes for rebuttal.
Mr. Pastoriza: Mr. Chairman, I will try to address the issues that up here were raised by the various
parties here. I would start by saying that we've gone through a very long process, Planning Board, Zoning
Board, City Commission. I have a copy here of the notice that went out for this particular application. I
know it's part of your record. And one of the things that was mentioned here was that the single-family
residentials, nor the residential people in the river were noticed. That is incorrect. That is not a true
statement. As you can see by this notice that went out, the neighbors who lived in that little island, all of
that sector were noticed. So the residential people in this neighborhood did get notice and knew about
this. The second thing that I want to point out is there's some talk here about a greenway belt, which is
really the focus of the Miami River Commission. This is one of their big things that they want to do. I
would submit to you that this project needs a Class 2 special permit. What I'm here today for is a comp.
plan amendment and a rezoning. This project, since it is development between the river and the 1St Street,
requires, by your code, a Class 2 special permit. When my client comes in to develop this property, he's
going to have to sit down with your planners. He's going to have to show a green belt. He's going to
201 10/26/00
have to show maybe some access to the river by the public. So maybe at that time, your Director, who has
the authority to send that plan to maybe the Miami River Commission or whatever for comments. So
there is protection here -- the City is protected -- that this greenway is going to exist. So I think that that
argument is a moot argument, because, yes, if there is a greenway belt, we will provide it. Now, the other
thing is there is talk about how much we are -- how much the river is losing their industrial properties,
and, you know, let's save all the industrial properties in the river. I would tell you that even in that picture
that I have right there, right next to this gentleman, who, by the way, approached me today before the
hearing, because he was interested in finding out on the availability of this property for acquisition. There
is a vacant piece of property here, OK? Right next to it.
(INAUDIBLE COMMENT)
Mr. Pastoriza: Oh, I'm sorry. Yeah. So even in this small aerial that I show, there's one here. One of the
gentlemen mentioned that -- and I did a very, very layman's search of the river. I basically took all the
ready maps today. I don't know, somehow, I anticipated this. I really didn't know about this, but -- and I
found the following: On the north side of the river, just west, just west of Miami Jai -Alai, there is a huge
stretch of industrial property that is vacant, that is being under-utilized, on the north side of the river, west
of Miami Jai -Alai. On the south side of the river at approximately 24th Court, you have another big chunk
of SD -4. It's about 350 -by -300. That's -- it's not here, but it's -- it's there. On the north side of the river
at approximately 19th Avenue, you also have another piece of SD -4 that is vacant. On. our. own little
aerial, there is a piece. On the south side of the river at 7th Street, there is also another SD -4. So there is
plenty of SD -4 properties available. And by the way, this property has been vacant for over 30 years. For
over 30 years, this property has been vacant. So I do believe that the concerns that were expressed here by
the opposition, I think the greenway concern is moot. I think that you have an adequate inventory of SD -4
for this property. And to be quite honest with you, if you take a look at the location of this property and
the access that this property has, it's really not suited for an industrial piece of property, because the way
to access this property is from 17th Avenue --is from 17th Avenue, across all of this residential. Across all
of this residential, and then into a dead end, which is the property, from both sides. So I would also tell
you that the way -- the physical characteristics of this property, being at the mouth of the river and the
forks makes it very difficult for any type of big boats to negotiate that turn and come into this property.
So I ask you, Commissioners, that you -- you know, you follow your departments' recommendations, your
boards' recommendations, and your prior actions and approve this application. And I thank you.
Vice Chairman Gort: Thank you, sir. And now I'll close the public hearing to have comments from our
board members. Let me tell you something. That river, since I was a kid, I've been going up and down
on that river. And industrial use that was set up -- When was industrial use zoning placed? Thirty years
ago, 35 years ago? I mean, that has not been changed in the last 20 or 30 years, the industrial use?
Ms. Slazyk: Well, what happened was we put an SD -4 over there, which limited it even further to marine
industrial, had to be water -related industrial.
Vice Chairman Gort: No, I understand. But the use --
Ms. Slazyk: Yes. Yes, industrial.
202 10/26/00
Vice Chairman Gort: That was created about 20 years ago, 30 years ago, the industrial side of it. The
river has changed quite a bit. The industrial side that was allocated at that time was for functions like you
have today. I have a major problem. There's a residential area right there, R-1, right across from the
property. Now, the property we're talking about is the fork. It's not the river, itself. Those people that
live there on 22nd Avenue and I Ith Street, right next to the river, you have a major transportation shift that
takes place in there. There's at least -- I think there's about a hundred homes in there. There's supposed
to be certain restrictions on operation. I get calls from those residents constantly. The ships being
operated at 5 o'clock in the morning, 2 o'clock in the morning, waking people up in that neighborhood.
So we do have a problem in there, a major problem. If you look at the map in there, it's not part of the
river. It's just a little portion of it. That property has been sitting there fora long time. I personally don't
have any problem. I moved it -- I didn't move it -- somebody moved it. But I -- this is in my district, and
I'm all in favor of it.
Joel Maxwell (Assistant City Attorney): Pass the gavel, Mr. Chairman?
Commissioner Teele: Moved by Commissioner Gort.
Commissioner Sanchez: Second.
Commissioner Teele: Seconded by Commissioner Sanchez. Would you, Mr. Attorney, state the motion
clearly?
Mr. Maxwell: This is an ordinance, sir.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Commissioner Teele: Commissioner Winton.
Commissioner Winton: May I make one comment? And that is that I just want to make sure that --
because I am a big supporter of the work that the Trust for Public, Lands is doing on the greenways
throughout the City, including along the river. So as I understood the developer, we have every
opportunity in the world to see to it that we have waterfront access and the greenway gets put in.
Vice Chairman Gort: And landscaping.
Ms. Slazyk: Yes, sir.
Vice Chairman Gort: And they have to come back to us.
Ms. Slazyk: Yes. It will need a Class 2, for sure, at a minimum, no matter how low a density project,
because it is on the river. And through the Class 2 process, the Planning Department will ensure that
that's done.
Commissioner Teele: Further comment?
203 10/26/00
Vice Chairman Gort: I'd like to make a comment. As he was stating, when you look at our river, you
have parts that are residential, parts that are commercial and part that's becoming industrial. Most of the
industrial goes west of 27th Avenue. Now, what's taking place is some of the smaller industrial uses are
now becoming major industrial. And let me tell you, when you look at that neighborhood in there, I don't
know what -- what do you call that neighborhood in there? The R -l.
Ms. Slazyk: Durham Park.
Vice Chairman Gort: That is a beautiful neighborhood in there. And right now, right next to it, because
of the zoning, you have major ships going in there. And one of the biggest problems that I have is people
calling me; people are operating at 5:30 in the morning. And we get those calls all the time. So this is
something we need to look into. And this is something I hope, when you consider the use right next to the
residentials, that we can put some restrictions to it.
Commissioner Winton: Well, in addition, the land on the east side of the subject property is zoned
multifamily residential right now. It's not zoned industrial. So this is --
Ms. Slazyk: Yeah. This is the transitional part of the river.
Commissioner Winton: Right.
Commissioner Teele: Further discussion? Call the roll, please.
204 10/26/00
E
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 1951 N.W. SOUTH RIVER DRIVE, MIAMI,
FLORIDA, FROM INDUSTRIAL TO HIGH DENSITY
MULTIFAMILY RESIDENTIAL; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of January 27, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Vice Chairman Gort, 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: Commissioner Arthur E. Teele, Jr.
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11988.
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..
Ms. Slazyk: PZ -13 is a companion.
Commissioner Teele: What about me?
Mr. Foeman: I said your name, Commissioner Teele.
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Vice Chairman Gort: Move it. Move 13.
Commissioner Teele: I vote "no."
Mr. Foeman: You vote "no."
Commissioner Winton: What did you say?
Commissioner Teele: I vote "no."
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10/26/00
11
60. SECOND READING ORDINANCE: CHANGE ZONING AS LISTED IN ORDINANCE 11000,
CITY'S ZONING ORDINANCE, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, FROM SD -4 WATERFRONT INDUSTRIAL DISTRICT TO R-4 MULTIFAMILY
HIGH DENSITY RESIDENTIAL FOR PROPERTY LOCATED AT 1951 N.W. SOUTH RIVER DRIVE
(Applicant(s): Wallace and Laverne Kreidt).
Vice Chairman Gort: Move 13.
Commissioner Teele: Move 13 by Commissioner Gort. Is there a second? It dies for lack of a second.
Lourdes Slazyk (Assistant Director, Planning and Zoning): It's the companion item.
Commissioner Winton: No. Second.
Commissioner Teele: Second by Commissioner Winton. Would you read the ordinance, please?
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Commissioner Teele: Please call the roll.
An Ordinance entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
PAGE NO. 25 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, BY CHANGING THE ZONING
CLASSIFICATION FROM SD -4 WATERFRONT INDUSTRIAL
DISTRICT TO R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL
FOR THE PROPERTY LOCATED AT APPROXIMATELY 1951
NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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passed on its first reading, by title, at the meeting of January 27, 2000, was taken up for its second and
final reading, by title, and adoption. On motion of Vice Chairman Gort, 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: Commissioner Arthur E. Teele, Jr.
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 1.1989.
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 all.
Mr. Pastoriza: Thank you.
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61. CONTINUE CONSIDERATION OF PROPOSED AMENDMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN LAND USE DESIGNATION FOR PROPERTY AT 2500 BRICKELL
AVENUE FROM SINGLE-FAMILY RESIDENTIAL AND MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL TO HIGH DENSITY MULTIFAMILY RESIDENTIAL (See #54).
Vice Chairman Gort: Fourteen, second reading.
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -14 and 15 are companion second reading
items for 2500 Brickell Avenue, from single-family residential and medium density multifamily
residential to high density multifamily residential, and from R-1 and R-3 to R-4. Again, the department
has recommended for approval. The Planning Advisory Board has recommended for approval, and the
Zoning Board has also recommended for approval. This was passed by the Commission on first reading
November 16, 1999.
Vice Chairman Gort: OK. PZ -14. Anybody in opposition?
Commissioner Winton: Move it.
Vice Chairman Gort: OK. There's a motion.
Commissioner Teele: Move --
Tucker Gibbs: Excuse me. Just trying to deal with the issue right now.
Commissioner Teele: Did you all get it worked out?
Mr. Gibbs: I haven't heard and -- because I've been trying to get some answers for my clients. And I
guess, Chad, you're going to --
Vice Chairman Gort: OK. Presentation.
Chad Williard: OK. This other guy can -- For the record, again, my name is Chad Williard. I'm an
attorney with offices at 999 Ponce De Leon Boulevard in Coral Gables, here on behalf of the applicant on
these two items. To the extent that we discussed before, I think we have reached a workout, which is --
just if you'll bear with me for just a moment.
Commissioner Sanchez: A workout? What's a workout?
Mr. Gibbs: That's an SEC (Securities and Exchange Commission) term.
Mr. Williard: OK. No, no. OK. I feel like it was up to the last ten minutes. But --
Commissioner Sanchez: A compromise? An agreeable compromise?
Mr. Williard: We have reached a compromise, Commissioner Sanchez. Before we came here for first
reading in November of '99, we agreed to a covenant that was -- we thought was agreeable to everyone --
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the Roads Association, the Brickell Homeowners. Association and Planning and Zoning staff that limited
the site plan or limited the building height to five stories. And that was it. That's what. you approved.
That's what everyone agreed to. Again, about 30 minutes ago, the Roads Homeowners Association came
and asked us to also agree to limit the development of the site to the site plan that we submitted. We're
willing to do that. We don't think that requires any sort of deferral tonight. So we would ask you to go
ahead and approve it. I'm stating for the record that we will add that language into the covenant.
Mr. Gibbs: Could you say that again? I didn't hear you. The specific language.
Mr. Williard: That we will add a standard -- it's standard language that says we will develop the site in
accordance with plan "X," the plan that you and I have both seen that's in the file at the City.
Mr. Gibbs: Which is the existing plan of the Hampton Inn, with the parking lot in the back.
Mr. Williard: Right. And the proposed two stories, which is really the point of all of this. And based on
that, we would ask you to approve the application on second reading, as you did on first reading back in
November of '99.
Mr. Gibbs: And Chad, as we had talked out there, we -- the concern -- My name is Tucker Gibbs. I
represent the Miami Roads Neighborhood Association. And I really appreciate Chad's willingness to do
this, and we have worked long and hard. There's an issue out there, and I just talked to Ana Gelabert
about it. The property as described by the applicant is -- they describe it as an island -- is bounded by four
roadways. It is -- one half of it, which is the parking lot in the back facing Miami Avenue is zoned R-1,
single-family, always has been. The front portion where the hotel sets is zoned R-3, because back in
1957, there was a lawsuit, and in that lawsuit, the court ordered the City to zone the property R-3, which
allowed a hotel. Now, what's happened is they want to add height. Well, since they're in an R-3 zone,
they can't do that anymore. They have to rezone it to R-4.
(INAUDIBLE COMMENT)
Mr. Gibbs: The hotel, on the hotel. My client's concern is not the height of the hotel. They're perfectly
fine with the R-4 zoning on the front part of the property to allow the Hampton Inn to raise their height to
five stories. Their concern is changing the R -I single-family zoning on the back from R-1 to R-4. We
thought we had an agreement where they would say, "Well, we're always going to use it for parking,
we're never going to use it to expand the hotel into that." But I have clients who are concerned that once
this property in the back is rezoned to R-4 that any subsequent purchaser, somebody who is not the
Hampton Inn may buy the property, may come in and ask for the City to lift the covenant, and the .City
may do it, and add a five -story hotel or even a higher hotel on that site that is now zoned R-1. Our goal is
the parking. We have no -- and that's why we have a meeting of the minds. It's how we get there. And
the concern of some of my clients is that.
Vice Chairman Gort: OK. Both of you is concerned. What is the recommendation that can be done to
maintain those items and --
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Mr. Williard: My recommendation to accomplish just that is a much cleaner way of doing it. He's asking
that we split the zoning, keep the zoning split between the two sides of the property. That's exactly how
we started this a year and a half ago. We met with --
Ms. Slazyk: Yeah. Let me try and explain.
Mr. Williard: -- with Attorney Maxwell and staff. Yeah.
Ms. Slazyk: The reason that the back can't stay R-1 is because you can't do hotel parking in R -l: Right
now, there is parking there, but it's a legal non -conforming use. They can't do anything to it unless they
go to the first zoning district that allows hotel.
Vice Chairman Gort: Question.
Ms. Slazyk: The best way to do it would be --
Vice Chairman Gort: Let me ask a question.
Ms. Slazyk: OK.
Vice Chairman Gort: We're going to require landscaping.
Ms. Slazyk: Yes.
Vice Chairman Gort: In the back.
Ms. Slazyk: Yes.
Vice Chairman Gort: At least five to ten feet?
Ms. Slazyk: I'm not sure what the plan on file says, but it could be made that, yes.
Vice Chairman Gort: Five to ten feet.
Ms. Slazyk: Yeah, in the setback areas.
Vice Chairman Gort: So you could do it where that buffer zone stays R-1. And would that be able to
accomplish the fear that we have?
Ms. Slazyk: Well, you can't use adjacency across streets, and this would be on a street, so there is no fear
of it crossing. Typically, when you leave a strip zoned R-1 --
Vice Chairman Gort: Yeah. What they're afraid of is that if they do an R-4 and there's not a covenant
going along with it, unless we move it subject to a covenant that it would not be used for something else --
and Tucker, you've been here, so you know where I'm going to -- that they cannot build according to an
R-4 back there. That's what they want to accomplish, and I think that's what we want to accomplish.
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Ms. Slazyk: Yeah. That's what I wanted to suggest, that if they proffered the covenant and the
Commission accepts it that the covenant says they will build according to these plans and no other plan.
They can't come in and do anything else without coming back to you for approval for something else. So
Mr. Williard: Which is exactly what we proposed.
Vice Chairman Gort: OK.
Mr. Williard: We're agreeable to that.
Ms. Slazyk: It would have to go to public -- any changes to the site plan attached to the covenant requires
City Commission approval. And they can't do anything other than that plan, including an apartment
building, or another story of units or anything without coming to you first.
Vice Chairman Gort: OK.
Mr. Gibbs: The issue is the actual zoning, that another City Commission that may not be as amenable to
listening to the neighbors in the Roads Association may lift that covenant. If that covenant is lifted, then
what happens is, as a matter of right, any owner of that property can build an R-4 building, if that
covenant is lifted.
Commissioner Teele: But only the Commission could lift it, right?
Mr. Williard: Right.
Mr. Gibbs: That's right. But if it's another Commission that will not -- that doesn't listen --
Commissioner Regalado: Well, excuse me, excuse me, excuse me. There -- I think that you should all
stay for an item that I'm not in agreement that the Commission will not be longer able to eliminate
covenants.
Mr. Gibbs: Hey, I love that.
Commissioner Regalado: That would be up to the administration.
Mr. Gibbs: Well, I don't necessarily love that. And the issue --
Commissioner Regalado: I'm just saying, I'm just saying --
Mr. Gibbs: No, I appreciate that.
Commissioner Regalado: So what you are saying --
Mr. Williard: If I may.
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Joel Maxwell (Assistant City Attorney): No, no, that is --
Vice Chairman Gort: Excuse me. Hold it, hold it, hold it. Let's keep it --
Commissioner Teele: Before you -- Mr. Chairman, I asked a question. I really need for my City
Attorney to give -- I appreciate Mr. Gibbs is counsel extraordinaire but --
Mr. Maxwell: Well, first of all, Commissioner, if I may. The item -- you have two items before you on
this. You have a comp. plan change, which you really shouldn't discuss a covenant at all about, and then
you have the zoning change, which you would only consider a covenant if it was voluntarily proffered.
You can't require it. If they do voluntarily proffer a covenant, as apparently Mr. Williard has done, it
would only -- if it contained the provisions providing for it -- only be lifted after a public hearing before
the City Commission sitting at that particular time. Other than that, I don't think it's proper to get into
conversations about what's going to be built on the property, because that is something that would be the
subject of either the Planning Board, or the Zoning Board, or the proper -- or maybe even this
Commission, depending on what they were asking to do at that time. That's something that you would
decide on then.
(INAUDIBLE COMMENT)
Mr. Gibbs: Mr. Chairman, Mr. Chairman --
Vice Chairman Gort: Let this lady speak, because she's been wanting to speak for a long time. Please, go
ahead, ma'am.
Eva Nagymahaly: I was one of the only people for the last year --
Vice Chairman Gort: And you are?
Ms. Nagymahaly: I'm Eva Nagymahaly, at 3110 South Miami Avenue. Well, also 2520 South Miami
Avenue. I've been here for 50 years, so I've been watching Miami grow. And I want it to grow, but I
want it to grow correctly. And that is my main concern with seeing this turned into an R-4. This is going
to be one of the first R-4 zonings on South Miami Avenue. As you saw this evening, it's a big issue.
We're growing. Brickell Avenue is growing. They need more room. They want, as that other developer
said, to find property closer to the residential areas. If you have R-4 on here -- As .I came here, I think it
was Johnny Winton's first night here at the meeting, right after getting elected. And I looked at him, and I
was really worried. I said, "What are we going to do?" And he says, "Eva, don't worry, don't worry, the
covenant's going to be there. It's going to protect you." Well, I've been finding out, because I've been
asking different attorneys, covenants can be lifted for many reasons, in different ways. Right now, there
might be a chance that it's not the Commission. I was told a judge can lift it, that by a sale, you might be
able tb lift it. So if this gentleman across from me is willing to let us work it out that we can make sure
that it remains R-4, that it remains a parking lot -- not remains R-4, excuse me -- R-1, that we will keep it
as a parking lot, what's wrong with letting us work it out so the wording is correct? 1 went to the Planning
Department several days ago. I went there, read the whole file. I could not find a covenant, and I could
not find the plan for the building. And how, as a lay person, am I to understand what's going on if there's
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nothing in the file? There was nothing in the file that would help me come here tonight and to make an
issue or to understand. So that's why maybe we're not that prepared.
Mr. Williard: I think I can clear all this up through the Chair.
Vice Chairman Gort: OK, hold it. Commissioner Winton.
Commissioner Winton: Well, Chad may have some answers, because it seems to me, Chad, that both
sides are saying the same thing. Your client is making a commitment that he doesn't want to develop on
this site that he just needs to do whatever he needs to do about parking here. And I'll tell you -- and I have
been here a year now, and that year has given me an opportunity to hear some stories about the way things
worked in the past. And we know that within eight years, none of us are going to be sitting here, because
we're all term -limited out after years. So somebody else is going to be here in eight years. And I think
there is always great risk that a Commission could take a covenant, lift the covenant, and as soon as it says
R-4, ten years from now, somebody builds R-4 on there. And that is really bad for the neighborhood in
that location. So it seems to me that -- How long has this waited now? You guys have been waiting --
Mr. Gibbs: One year.
Commissioner Winton: This has been a year since this all came up, Chad.
Mr. Williard: We filed it in May of '99, actually.
Commissioner Winton: Yeah, OK. So it's been forever. I really do think that -- because this could take
three minutes to get it done. If you guys would take the next week to work out the details here so that this
stays R-1, your client gets what they need. Your client isn't looking for the added land value of an R-4.
So there's got to be -- it makes me very nervous here, even though -- You're saying that it can't be R-1 to
serve as a parking lot?
Mr. Williard: Mr. Winton, if I may.
Commissioner Winton: Huh?
Mr. Gibbs: Wait a minute.
Vice Chairman Gort: Excuse me, excuse me, excuse me. Hold it, hold it. Let's hear from staff.
Ms. Slazyk: The parking wouldn't be allowed.
Commissioner Winton: Yeah. What?
Ms. Slazyk: If it stayed R-1, they can't do parking for a hotel on R-1 property. What's there today,
what's there today is legal non -conforming. But they can't expand it for the new units that are going to be
coming up on the --
(INAUDIBLE COMMENT)
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Vice Chairman Gort: Mr. Attorney -- excuse me, people. We'd like to have one meeting.
Commissioner Winton: I would like to hear from --
Vice Chairman Gort: I'd like to hear from our attorneys. I mean, we pay them a good salary.
Mr. Maxwell: What you asked for, though, is a technical question that your technical staff respond to.
What you're saying is they can't use for -- under the -- Well, what they're saying, they're bringing Mr.
Gonzalez to the microphone, because under our ordinance, the Zoning Administrator is the one who
specifically -- and is the finally authority on how land -- how the Zoning Ordinance shall be interpreted.
Juan Gonzalez (Chief Zoning Inspector): Juan Gonzalez, Planning and Zoning. Lourdes is correct. What
happens is you have a non -conforming parking lot in an R-1, which normally, we would not allow. It's
what we call a legal non -conforming use. What happens is these additional units in the R-4 portion would
require more parking, and you cannot increase the non -conformity by increasing the amount of parking
spaces under the R-1 zoning district. So what would happen is they would be able to add the units to the
R-4 portion, but unless they can find parking in the R-4, they cannot increase the non -conformity under
the R-1. Correct.
Ms. Slazyk: They'd have to get a variance.
Commissioner Winton: Through any mechanism?
Mr. Gonzalez: They would have to go for a variance for the parking.
Mr. Gibbs: May I ask a question?
Vice Chairman Gort: Yes, go ahead.
Gibbs: Juan, Juan, I'd like to ask you a question. Do you know how many parking spaces are on that lot
right now?
Mr. Gonzalez: No, we do not know, because I don't think there's any plans associated with this.
Mr. Gibbs: And the next question would be: Do you know, do you know how many parking spaces
would be added to this level of parking, based on their construction?
Mr. Gonzalez: It would be depending on the amount of dwelling units they add. I believe in that R-4, it's
one and two, I believe, so it's for every two rooms, one additional space.
Mr. Gibbs: And Juan, if they had extra parking right now that could compensate for the structure that
they're building, would they. still be grandfathered in?
Mr. Gonzalez: The answer is "yes." In other words, if they built enough, with the units they're adding,
the parking that's existing would cover them, yes, that there'd be no change.
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Vice Chairman Gort: Let's go to the applicant now. How many parking spaces do you have there?
Mr. Williard: I'm reviewing the plan again. I didn't have my architect here tonight, because I thought
this was second reading. But anyway, according to the plans that I have, with the additions, it would
require -- and the numbers I have is a hundred and -- we have a total of 109 units. Divided by two, it
would be 54 and a half spaces, which means you'd need 55 spaces. That's what my architect has as what
the Zoning Code requirement is. We -- that's what's required. We have provided 71 spaces, according to
this plan. But again when we -- when we started this, I think we met with Mr. Maxwell, just to get an idea
of what exactly the zoning, legal zoning status of this property was. It's going back a year and a half,
almost two years ago. And we were told at that time, this is the way, it's the cleanest way to do it, because
my concern and my client's concern is by leaving this R-1, in addition to -- Just like you're saying this
Commission may not -- these same people are not going to be here eight years from now, even next year,
we go to pull a building permit -- and maybe Mr. Gonzalez can shed some light on this -- but my concern
is that because we're adding a hotel use, and this parking -- still, it goes along with the hotel use -- is that
then going to be prohibited because we keep the R-1 zoning? The reason we did it, not because we're
trying to play any games. That's why we're giving you this site plan that says this is what we're going to
build. If we want to change this, we have to notify the Roads Association and come back to the public
hearing. We're going to notify them, too. It's not just that we're going to wait for you guys to leave in
eight years, and then sneak in and try to get the plan approved, because, you know, the next group
will be so much more lenient. We have to notify them. If it's eight years from now, ten years from now,
50 years from now, we have to notify them of any change to this plan. We've done everything the City
has asked us to do for the last two years. And here we are, after a Zoning Board approval, a PAB
(Planning Advisory Board) approval, a first City Commission approval, we had to wait twelve months
because of the Department of Community Affairs -- it wasn't staff's fault -- but now, at the end of all this,
you're telling us, "Change everything we told you you needed to do in the first place," and I just don't feel
comfortable with doing that. We've put every possible safeguard mechanism in place to guarantee that
what we're telling you we're going to build today is exactly what you're going to get, and if there's any
change to that, we will have to notify the Roads Association, notify the Brickell Homeowners Association,
and come in and file for another application and come back before this board again.
Vice Chairman Gort: OK. Thank you, sir. What is the wish of this board?
Ms. Nagymahaly: Could I make one more statement? It'll be brief, I promise. Really, I do.
Vice Chairman Gort: You promise.
Ms. Nagymahaly: Yes. Extremely brief. The one thing I would like to explain is there were no plans on
the file. So he says there are plans. He may have them. No one has seen them. They are not in the file.
We can ask anyone in the department there.
Vice Chairman Gort: Ma'am, but my understanding is you all don't have any opposition to the expansion
of what's going to be built. Your only opposition is that the R-4 could be misused later on.
Ms. Nagymahaly: OK. All right.
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Vice Chairman Gort: So that's irrelevant. OK?
Ms. Nagymahaly: Then let me backtrack on one little item, and that's the parking lot. The parking lot --
and if you want to look at it here, it is humongous. They have the spaces. They even said there is no
construction on it.
Vice Chairman Gort: OK, ma'am. That's why we're going to try to figure it out. Thank you.
Ms. Nagymahaly: OK. Thank you.
Commissioner Winton: I didn't get the point. You know, this is a tough one, because I understand both
sides of this issue here. Chad, you've waited a year. Can you -- I am willing to make a decision. I would
be more comfortable if I made a decision at a time -specific point at the next time, which is the 161h of
November, giving you guys time to figure out exactly how you can get this done, and bring a joint deal
here. I am prepared to make a decision that I think that the neighborhoods had a lot of time to respond.
This was supported by the neighborhood the last go around. I am not thrilled that the neighborhood just
woke up this -- In fact, the neighborhood was here. I remember clearly this meeting. The neighborhood
was well represented at that last meeting, one of my very first meetings here. So it doesn't thrill me that
you all couldn't figure out how to get this done back then.
Mr. Gibbs: She was the only one here. She was the only one here on the item.
a
Commissioner Winton: That's not true.
Mr. Gibbs: That's what she's telling me.
Commissioner Winton: I don't care what she's telling you. I was sitting here.
Mr. Williard: Torrey Jacobs was here. Torrey Jacobs was here.
Commissioner Winton: So the point is that there was not opposition here. Everybody was in favor. So
I'm going to ask him, Chad, to take this next few days, work this out. I am prepared to support, because
this has been through everything. I think it makes sense to get this done. But I want you to go back and
figure out how you all can do this that gets the right solution for us so I don't have to make the decision
some way or another right down the middle. So it's only going to take another -- you've waited a year
and a half. Two more weeks ain't going to kill you, or three weeks, whatever it is.
Mr. Williard: And you're absolutely right, Commissioner. My concern is I don't know exactly -- any
time period is not going to change what staff has told me from two years ago, which is you really can't do
the expansion you want to do while keeping the R-1.
Commissioner Winton: Well, it's going to give -- what it's going to give you all is time to meet with staff
and figure out whatever steps we need to take to make sure that this happens in the right way that still
gives us protection, if we can get it, protection against the future owner that comes. I'm not worried about
this owner. I'm worried about the next owner, and I'm worried about that next Commission. I understand
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you're worried about your ability to get a permit. So see if you can't work those details out between now
and then. And then I'm going to make a decision.
Mr. Williard: I'll be happy to do that.
Commissioner Winton: OK.
Mr. Maxwell: Mr. Chairman, Commissioner, may I make a comment on that, just for the record?
Vice Chairman Gort: Yes.
Mr. Maxwell: As I said before, the two items before you, one is a comprehensive plan, which you're not
addressing in terms of the conditions. The other is the zoning. They aren't -- what they're asking for is a
rezoning of the project. There is no project, no building approvals in front of you or anything. And in
making that determination in a quasi-judicial proceeding, as you know, you have to base that decision
based on the testimony and the evidence in record at that time. The only competent evidence, legally
competent evidence in the record at this time is -- at least at this hearing -- is the testimony of the Planning
Director, and any statements that the neighbors might have made regarding. traffic and so forth. Courts
have sometimes said that's competent. Therefore, when you look at what is being requested now, the R-4,
you're really -- and on the comprehensive plan -- you're looking at the total realm of uses that that
property can be put to under those designations, which would go, probably, on an R-4, far beyond what
the applicant is asking for. You could look at that, based on that, and say, "We don't want to approve that.
We won't go to an R-4." If the applicant is aware of that, the applicant may back off and say, "Well, let
me take a look at what conditions I may tender that would make you consider that." And I think that is
what I have heard you say to the applicant tonight.
Commissioner Winton: Well, I don't know. I can't -- I --
Vice Chairman Gort: Lourdes, let me ask you as part of the solution. My understanding is landscaping
has to be provided.
Ms. Slazyk: Yes, it does.
Vice Chairman Gort: If you're going to change that and they're going to have a new -- landscaping has
got to be provided within this property.
Ms. Slazyk: Yes.
Vice Chairman Gort: You can try to do the R-1, keeping, maintaining where the green area is R-1. Why
not?
Ms. Slazyk: No.
Dena Bianchino (Assistant City Manager): R-1 does not allow, the additional parking that the need for the
extra --
218 10/26/00
Ms. Slazyk: Let me -- What I just looked at, the plans --
Vice Chairman Gort: Now, wait a minute, wait a minute. Hold it, hold it, hold it. My understanding is
there's certain areas where you can park, and there's other areas that you have to dedicate to landscaping,
which you're not going to park in that area, either.
Ms. Bianchino: It's existing, and it's already landscaped. It's there now
Vice Chairman Gort: So we're not going to put any additional landscape.
Ms. Bianchino: Well, I don't know what --
Ms. Slazyk: No. Let me explain what I just want to --
Mr. Williard: It's heavily landscaped today. You really can't squeeze any more in there.
Ms. Slazyk: What I just went to look at on the plans and what I -- the number I don't have is how many
parking spaces they have today. Remember, if the back --
Vice Chairman Gort: My understanding is they have in excess of 70 parking spaces, according to the --
Ms. Slazyk: That's on the proposed plans. OK? The plans, if they get the R-4 in the back, they're going
to provide 71 spaces. But what they can't do -- and I just checked with Juan Gonzalez -- if the parking in
the back is a non -conforming use -- let's say today, they've only got 50 spaces back there -- they can't
increase the degree of non -conformity, so they wouldn't be allowed to re -stripe it up to 71. Whatever
spaces they --
t7
Vice Chairman Gort: You mean although they have it, they can't use it?
Ms. Slazyk: They can't make it bigger. If it's R-1, you can't make it bigger.
Vice Chairman Gort: OK. We need to understand this. My understanding is you have existing right now
71 parking spaces.
Ms. Slazyk: No. Seventy-one is on the plan of what's proposed.
Mr. Gibbs: That's what's there now.
Ms. Nagymahaly: Seventy-one. I just counted.
Vice Chairman Gort: Excuse me, people, excuse me. You know, if you guys want to come up here and
conduct the meeting, it's fine. I'll let you do it. OK? I mean, we have a staff that we're paying pretty
good.
Ms. Slazyk: What I was saying is I didn't count the ones that are there today.. But the plan that he was
reading from was what was proposed. They can't modify an non -conformity. So they'd be -- whatever
219 10/26/00
green is there now is what they'd have to keep, and whatever parking is there now is what they'd have to
keep.
Commissioner Winton: Mr. Chairman, I think the point I was trying to make is that we're. not going to --
we're never going to get all of this exactly sorted out. We could sit up here and ask 500 questions. I've
asked Chad if he would be willing to come back the very next go around, let them all get together and sort
through all of the details, so all the facts are out on the table, and come back with something that we can
support, so that this --
Vice Chairman Gort: But I want to make sure, Johnny that we understand what can be done and what
cannot be done.
Commissioner Winton: Well, we're not going to understand that tonight. That's my point.
Vice Chairman Gort: Because I don't want people to walk out of here expecting a miracle and that
miracle not happen.
Commissioner Winton: Well, we're not going to understand tonight. That's what's clear to me. We're
not going to understand at all tonight.
Mr. Gibbs: Mr. Chairman, we're willing to sit down, and that's why we came back, to those many
minutes ago or half hour ago, that's what Chad and I came to you with, that we would go for a deferral,
we would work out the issue. So we're happy with that.
Vice Chairman Gort: OK. There's a motion to defer. All in favor state it by saying "aye."
Mr. Williard: If I may, through the Chair, it's to clarify.
Vice Chairman Gort: Sorry.
Mr. Maxwell: Yeah. Mr. Chairman --
Commissioner Winton: The City Attorney wants something.
Commissioner Sanchez: I'd like to hear from our Attorney, that's for sure.
Mr. Maxwell: Yeah. I'm concerned what -- I guess I should be more direct. Courts have taken a very
dim view on the "let's make a deal" type situations, and that's what this board is on.. I'm very concerned.
And you cannot delegate this to the neighbors to make the decision. It's your decision, Commissioners.
What I suggested before was that the applicant, having heard that you have serious concerns with R-4,
because of all the uses they can do there that the applicant may say, "I understand your concerns about
that, because you may vote me down based on that," which I think you could do. And then he should wait
a week or two, meet with the neighbors on his own, and if he then decides he wants to put conditions on
there that would satisfy your concerns, then he could do so.
Vice Chairman Gort: If he wants to volunteer.
220 10/26/00
Mr. Maxwell: Yes, sir, he has to volunteer.
Mr. Williard: Yeah, I know what he's saying. He wants to make sure you're not twisting my arm; it's a
voluntary thing.
Vice Chairman Gort: Go ahead. We're not. We'd never do that.
Mr. Williard: We all know he's being a good attorney.
Commissioner Winton: I understand very clearly, yes, sir. Thank you.
Mr. Williard: But I want to clarify what we're going to do, because in all due respect to everyone here,
we've had meetings with the Roads Homeowners Association. We've had meetings with the Brickell
Homeowners Association. At this point, the issue that we're willing to defer, to clarify is to meet with
staff to clarify this issue of the parking, because -- and I understand what the attorney is saying. He's
right. We will -- we've already agreed that we're not expecting you to approve all of R-4. That's why
we've given you a covenant. We have offered, proffered a covenant that says we will only develop a hotel
five stories tall in accordance with that plan that staff now has. We will go and meet with staff during
these next two weeks on that issue, because I cannot, after two years, open up "Pandora's box" of meeting
with every homeowner again to see what they might want. We have given everything that they've asked.
We are willing to defer to agree on a technical -- to come to some understanding on the technical issue of
the parking and how we can treat that, because I think that's really the only outstanding issue, because we
have a covenant that gives everything else that you already stated as a concern.
Vice Chairman Gort: OK. Well, my understanding is --
Mr. Gibbs: Mr. Chairman, we have a good relationship with staff and.we're wiling to work with staff, as
well.
Vice Chairman Gort: OK. This is the time --
Commissioner Teele: Forty-five minutes.
Mr. Gibbs: Yeah, exactly.
Vice Chairman Gort: OK. What's the motion again?
Commissioner Winton: To -- what --
Commissioner Teele: To defer.
Commissioner Winton: Right. Continue, to continue.
Mr. Maxwell: Continue to November the 16tH
221 10/26/00
0 •
Vice Chairman Gort: Oh, to continue.
Commissioner Sanchez: And when they come back, they're not going to have 45 minutes. They're just
going to say, "Hey."
Commissioner Winton: No, they're -- right. It's going to be very --
Vice Chairman Gort: Motion to continue.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and seconded.
Commissioner Sanchez: I'm only kidding on that one, for the record.
Vice Chairman Gort: 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. 00-963
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ -14 (PROPOSED AMENDMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN LAND USE DESIGNATION FOR
PROPERTY AT APPROXIMATELY 2500 BRICKELL AVENUE
FROM SINGLE-FAMILY RESIDENTIAL AND MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL TO HIGH DENSITY MULTIFAMILY
RESIDENTIAL) TO THE COMMISSION MEETING CURRENTLY
SCHEDULED FOR NOVEMBER 16, 2000 AT 4:30 P.M.
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
222 10/26/00
Commissioner Teele: What did you want?
Mr. Williard: Are we going to be deferred and heard before Tucker's previous item? Because that one is
going to take all night. This one won't.
Commissioner Sanchez: To be heard before part --
Commissioner Winton: I don't have a problem with that, because we're going to -- it'll be a quick
decision.
Vice Chairman Gort: If it's a quick decision, we'll take it, yes.
Commissioner Sanchez: Park Place.
Ms. Slazyk: OK, 4:30, 4:45.
Unidentified Speaker: Four -thirty?
Ms. Slazyk: Four -thirty?
Commissioner Teele: Four -forty-nine -- 4:59.
Vice Chairman Gort: Whenever we can. We'll take it as number one.
Mr. Maxwell: That was 14. You need 15, as well.
Vice Chairman Gort: Now, Mr. Attorney, before you all go, Mr. Attorney, I want you to explain -- and I
think it's very important that people understand that we have certain planning and zoning that is in
existence, that a lot of times, the Commissioners can go ahead and go in favor of the public, and it can go
to court, and it can be overruled. I think it's very important for people to understand that, and they know
that.
Mr. Maxwell: You want me to explain that now, sir? Is that what you're saying? You want me to
explain that now?
Vice Chairman Gort: No. But I want the Planning Department to understand there is certain zoning
existing within the corridor of Miami Avenue, Brickell and so on, and if there is trouble or problem with
those, let's look at them. Because you have a lot of open spaces, and people have been doing a lot of
buying of land in accordance to what's in existence. And if any changes are going to take place in the
future, they need to know. OK?
223 10/26/00
A
Mr. Gibbs: Thank you.
Vice Chairman Gort: Thank you.
Mr. Williard: Thank you.
Vice Chairman Gort: Goodnight.
224
10/26/00
•
62. CONTINUE CONSIDERATION OF PROPOSED AMENDMENT OF ZONING ORDINANCE
FOR PROPERTY AT 2500 BRICKELL AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL AND
R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO R-4 MULTIFAMILY HIGH DENSITY
RESIDENTIAL (See #54).
Joel Maxwell (Assistant City Attorney): And the other item, Mr. Clerk?
Lourdes Slazyk (Assistant Director, Planning and Zoning): Fifteen was a companion.
Mr. Maxwell: Yeah.
Commissioner Teele: Second the motion by Commissioner Winton to defer.
Commissioner Winton: Thank you.
Vice Chairman Gort: All in favor state it by saying "aye."
The Commission (Collectively): Aye.
Ms. Slazyk: For the record, those are dates certain of November 15th
Commissioner Sanchez: Sixteenth.
Ms. Slazyk: -- sixteenth.
Mr. Maxwell: Sixteenth, at that hour.
225 10/26/00
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-964
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ -15 (PROPOSED AMENDMENT OF ZONING ORDINANCE FOR
PROPERTY AT 2500 BRICKELL AVENUE FROM R-1 SINGLE-
FAMILY RESIDENTIAL AND R-3 MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL TO R-4 MULTIFAMILY HIGH DENSITY
RESIDENTIAL) TO THE COMMISSION MEETING CURRENTLY
SCHEDULED FOR NOVEMBER 16, 2000.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None
226 10/26/00
63. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, CITY'S
COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FOR
PROPERTIES LOCATED AT 8295, 8296, 8298, 8299, 8307, 8312, 8315, 8320, 8321, 8329, 8401, 8450,
AND 8455 N.E. MIAMI COURT, 30 AND 50 N.E. 84TH STREET, 8305 AND 8401 NORTH MIAMI
AVENUE, AND 8290, 8300, 8310, 8320, 8334, 8340, 8400 AND 8440 N.E. 1sT AVENUE FROM
"RESTRICTED COMMERCIAL" TO, "OFFICE," 1175 N.W. 67TH STREET FROM "SINGLE-FAMILY
RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES," AND 220 N.E. 43' STREET FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES" TO "SINGLE-FAMILY RESIDENTIAL" (Applicant(s): City
of Miami Planning and Zoning Department.
Vice Chairman Gort: Fifteen, 16, were they deferred or --?
Commissioner Sanchez: What item are we on?
Commissioner Winton: Sixteen now.
Vice Chairman Gort: Sixteen.
Commissioner Sanchez: Is there any opposition to the item?
Vice Chairman Gort: Second reading.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Teele: Second.
Susan Cambridge: Susan --
Commissioner Teele: Huh?
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.
Joel Maxwell (Assistant City Attorney): It's an ordinance, sir.
Commissioner Teele: It's an ordinance.
Vice Chairman Gort: An ordinance, OK.
Note for the Record: The City Attorney read the pending ordinance into the public record by title
only.
Commissioner Teele: Mr. Chairman.
227 10/26/00
171
Vice Chairman Gort: Yes.
0
Commissioner Teele: Could we ask staff to put their information on the record?
Ms. Cambridge: Susan Cambridge.
Commissioner Teele: Your name, and address and all that for the record.
Ms. Cambridge: Susan Cambridge, City of Miami Planning and Zoning Department.
Vice Chairman Gort: Thank you. Any question, Commissioner Teele? OK. Do I have a motion?
Commissioner Teele: I know that she had prepared -- she has been sitting here all day. At least she ought
to be able to put her name on the record.
Vice Chairman Gort: Would you like to make any additional statement, ma'am?
Ms. Cambridge: No.
Vice Chairman Gort: OK. Do I have a motion?
Commissioner Teele: We have a motion and a second, Mr. Chairman.
Vice Chairman Gort: OK. All in favor state it by saying "aye."
Commissioner Teele: Roll call.
Walter Foeman (City Clerk): I have to do a roll call, Mr. Chairman.
Vice Chairman Gort: Oh, it's an ordinance, that's right. Go ahead.
228 10/26/00
E
An Ordinance entitled —
9
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY [I] (1) 8295, 8296, 8298, 8299, 8307, 8312, 8315,
8320, 8321, 8329, 8401, 8450 AND 8455 NORTHEAST. MIAMI
COURT, (2) 30 AND 50 NORTHEAST 84TH STREET, (3) 8305 AND
8401 NORTH MIAMI AVENUE, (4) 8290, 8300, 8310, .8320, 8334,
8340, 8400 AND 8440 NORTHEAST 1sT AVENUE, FROM
"RESTRICTED COMMERCIAL" TO "OFFICE"; [II] 1175
NORTHWEST 67TH STREET, FROM "SINGLE-FAMILY
RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES"; AND [III] 220
NORTHEAST 43' STREET, MIAMI, FLORIDA, FROM "MAJOR
INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES" TO "SINGLE-FAMILY RESIDENTIAL",- MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
passed on its first reading, by title, at the meeting of December 14, 1999, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner
Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSENT: Commissioner Johnny L. Winton
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11990.
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.
229 10/26/00
0
64. CONTINUE CONSIDERATION OF PROPOSED AMENDMENT OF ZONING ORDINANCE
TO ALLOW FOR ADMINISTRATIVE RELEASES OF COVENANTS AND UNITY OF TITLE
PROVISIONS BY ZONING ADMINISTRATOR AS APPLICABLE.
Vice Chairman Gort: Is that it?
Commissioner Teele: Pocket items.
Joel Maxwell (Assistant City Attorney): Seventeen.
Commissioner Teele: Oh, 17.
Mr. Maxwell: Have 17 and 18 been addressed, Mr. Clerk?
Vice Chairman Gort: Wasn't that the --
Walter Foeman (City Clerk): No, they haven't. They have not.
Lourdes Slazyk (Assistant Director, Planning and Zoning): Item PZ -17 is an ordinance that will relieve an
administrative problem, which the City is having in releases of certain types of unity of title and covenant
agreements. When a unity of title or covenant agreement is specifically drafted that requires City
Commission release, it will come back to the Commission release. But there's a lot of them that can be
released administratively. For example, when a single-family home is built on two lots and it straddles the
lot, they give us a unity of title. To release it, right now, they would have to, come to the Commission,
when that's something that with a survey, the Zoning Administrator can release. There's a whole bunch
of those. So what this ordinance is proposing to do is amend the ordinance that will allow administrative
release when the covenant doesn't require it to come back here, and when the Zoning Administrator feels
that -- you know, if for any reason they feel that there's a doubt and it should come back here, it will come
here.
Vice Chairman Gort: Thank you. Do I have a motion?
Commissioner Teele: What are we -- Whatever she said, I move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Second.
Note for the Record: The City Attorney read the pending ordinance into: the public record by title
only.
Commissioner Teele: Mr. Chairman, who moved this and who seconded this, seriously? I moved it.
Vice Chairman Gort: He moved it.
230 10/26/00
0 •
Commissioner Teele: For purpose of discussion.
Vice Chairman Gort: He seconded it.
Commissioner Regalado: No, no, I didn't second it. I did not second. That's your problem.
Commissioner Teele: Mr. Chairman, I move that the items be deferred, 17 and 18.
Commissioner Regalado: I'll second the motion.
Vice Chairman Gort: Gentlemen, this is first reading. It's got to come back.
Commissioner Regalado: No, no, no. But this is taking away power from the City Commission, and I
think, you know, that we need -- I wasn't briefed or anything on this, except for what we are being told
now. So you can do --
Dena Bianchino (Assistant City Manager): We'll be happy to brief you on --
Commissioner Regalado: You can do whatever you want. I'm voting "no."
Commissioner Winton: Pull it.
Commissioner Teele: Move that the item be deferred.
Vice Chairman Gort: Second.
Ms. Slazyk: Seventeen continued to November 16th?
Vice Chairman Gort: No, no, no.
Commissioner Teele: Well, to January. To January.
Commissioner Regalado: Don't place everything in November.
Commissioner Teele: No, don't bring -- You know, we've got -- You know, one of the things we'd
better be concerned about is setting aside Friday morning, the 17th, because we're loading up that agenda.
We start out with a special briefing from the lawyers at 9 o'clock. And there's a DDA (Downtown
Development Authority) overview meeting of --
Commissioner Winton: Somebody better bring pizza.
Commissioner Teele: -- downtown and all of that. I mean --
Vice Chairman Gort: The DDA presentation is going to be 15 minutes.
231 10/26/00
•
Commissioner Teele: But you know --
Vice Chairman Gort: I'm ready.
Commissioner Teele: Motion to defer this item, Mr. Chairman.
Vice Chairman Gort: OK.
Ms. Slazyk: To a date certain?
Commissioner Teele: To the first meeting in February.
•
Joel Maxwell (Assistant City Attorney): The first land use meeting in January?
Commissioner Teele: Land use meeting.
Ms. Slazyk: January 25`h9
Commissioner Teele: Uh-huh. I said --
Commissioner Regalado: Second.
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved for its adoption:
MOTION NO. 00-965
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ -17 (PROPOSED AMENDMENT OF ZONING ORDINANCE TO
ALLOW FOR ADMINISTRATIVE RELEASES OF COVENANTS
AND UNITY OF TITLE PROVISIONS BY THE ZONING
ADMINISTRATOR AS APPLICABLE) FOR COMMISSION
MEETING CURRENTLY SCHEDULED FOR JANUARY 25, 2001.
232 10/26/00
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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
Commissioner Teele: Let me just be very clear, Mr. Chairman. Mr. Attorney, does this -- is this the
dreaded ordinance that Mr. -- the attorney made reference to about giving the. authority to change
covenants?
Mr. Maxwell: No, sir. That one --
Commissioner Teele: What does this ordinance do?
Mr. Maxwell: This deals with more ministerial type covenants and things like that. It doesn't deal with
one like that one, because it was --
Commissioner Teele: Is it ministerial or is it not?
Mr. Maxwell: Well, what they want to do is make it a ministerial action. But the covenants of the type
that we're --
Commissioner Teele: What does this do actually?
Mr. Maxwell: Well, there are a lot of public works type covenants, street closing covenants and things
like that, that are coming to you and clogging up the agenda, pretty much. And I think that's what they
want to address.
Commissioner Teele: Well, I think Commissioner Regalado is right. Let me tell you something. Street
closings, to me, are giving away land, and we don't want to do that adminis -- let's defer it. Let's
everybody get briefed on it and understand it. And I think that's the best thing, Mr. Chairman.
Vice Chairman Gort: Yeah. That's not what it is. I think you should go back and explain to each of the
Commissioners what it really does, so they can have a better understanding of what they're doing. OK.
Ms. Slazyk: Yes. Yeah, I think so, because once you understand, you'll know what we're doing.
Ms. Bianchino: There's one more Planning and Zoning item. PZ -18.
233 10/26/00
Ms. Slazyk: PZ -18. This is a first reading ordinance to remove the --
Commissioner Regalado: Excuse me. Just on this issue. When we vote for a zoning. change, or for
master plan or whatever, we approve the covenant, or we decide to let them approve that. I don't know
who decides what is ministerial and what is not. And then, we get the heat if something happens, like
these people were complaining a few minutes ago. And by the way, when I heard those people, I looked
and I read that, and I realized that it was exactly what they were talking about. So who's going to get the
heat? Look, we are in the front line of the wrath of the people. And if we are going to take the heat, and if
we don't want to get out of the kitchen, we need to have the power to decide. And that's very simple.
Mr. Maxwell: Your point is well taken, Commissioner, but let me say what the difference is. The
voluntary covenants -- the covenants that absolutely have to be voluntary are not the type that we're
talking about here.
Commissioner Winton: Are we taking this up now? I thought we deferred this.
Commissioner Regalado: No, we -- I'm just saying.
Vice Chairman Gort: This is deferred. Let --
Mr. Maxwell: But I mean in terms -- I under --
Commissioner Winton: So, well, you don't need to answer that now, because it's been deferred, so that,
that's what's going to be discussed. You guys can sit down in private to try to have this discussion,
because I've heard this part.
234 10/26/00
65. DISCUSSION: CONSIDERATION OF AMENDING ORDINANCE 11000, CITY'S ZONING
ORDINANCE, BY AMENDING ARTICLE 17, SECTION 1702, TO MODIFY PROVISIONS FOR
MAJOR USE SPECIAL PERMIT APPLICATIONS TO ELIMINATE REFERRALS OF SUCH
APPLICATIONS TO ZONING BOARD (Applicant(s): City of Miami Planning and Zoning
Department).
Vice Chairman Gort: OK. Anything else? Any other business, pocket item?
Lourdes Slazyk (Assistant Director, Planning and Zoning): Wait. PZ -18. PZ -18 is a first reading
ordinance. It's being proposed in an effort to streamline the development approval process. All of you
have been hearing for years how long it takes to get a project approved. In analyzing the process, we
found that we could eliminate 30 days in the process by removing a review of the Zoning Board on major
use special permits. The Planning Advisory Board is the board, which recommends --
Commissioner Teele: Move that the item be denied.
Commissioner Regalado: Second.
Commissioner Winton: Well, why is that?
Commissioner Teele: Look, you're not -- you're just --
Commissioner Regalado: It's the same thing.
Commissioner Teele: She's talking about major use permits.
Commissioner Winton: Yeah.
Commissioner Teele: Streamlining it and cutting people out.
Commissioner Winton: Well, you haven't even heard yet whether there is a value in cutting them out.
That doesn't -- You're suggesting that the process is good. You don't know that it's good.
Commissioner Teele: No, no, no. Let me tell you what.
Commissioner Regalado: Public participation.
Commissioner Teele: Public participation.
Commissioner Winton: There is still public participation.
Commissioner Teele: Not when youtake out the zoning.
Commissioner Winton: You're talking about two separate boards. We -- You don't know that both of
these boards need to hear this with public participation.
235 10/26/00
Commissioner Teele: All right. Then let's vote on it.
Commissioner Winton: I mean, let's -- let's -- yeah.
Vice Chairman Gort: Wait a minute. Let me ask you a question. Right now, that has to come in front of
Planning, in front of Zoning?
Ms. Slazyk: The only types of major use special permits that go to the Zoning Board are the ones that
have special exception or variance components. Otherwise, they don't go there. The Zoning Board
review was added about ten years ago when they requested it because they wanted to be informed on
major projects that were coming through. But it was never there before then.
Vice Chairman Gort: OK. Let me ask you this: You saw the action today. They went through three
different boards, and still, you had all these people here, because they didn't hear about it and they didn't
get a chance to put their opinion. And I made the statement that they should be notified of the first
hearing, so if they have any opposition, they can bring it. So by the time it comes to us, maybe it might be
cleared up and all the agreements could be taking place just before they come to us. I understand what
you are trying to do, but I think the Zoning Board would love to have it, and we'd love for them to have it.
Commissioner Winton: Well, let's have a few other boards. Why don't we make sure that three or four
other boards get it, you know, just because somebody would like it. I mean, that's no rational way to be
looking at this, just because some board wants to look at it, especially if there's public participation
already.
Vice Chairman Gort: Ma'am, would you like to address this?
Lucia Dougherty: If I could. Lucia Dougherty, 1221 Brickell Avenue. I'm here in support of this
ordinance. But let me just explain to you, the last three projects I had, the reasons we went to the Zoning
Board -- let me just explain this to you -- the related project, we went to the Zoning Board for what?
Because they wanted valet parking with a restaurant and they wanted a bar. That's the only reason to go
to the Zoning Board. Why can't the Planning Advisory Board have that decision-making capacity? We
have a pre -application review. We have a large-scale development committee meeting. We have a
UDRB (Urban Development Review Board) meeting. We have a Planning Board meeting. We have a
City Commission meeting. Why do we also have to go to the Zoning Board for those two things?
Vice Chairman Gort: But that was my question. Does that go into Planning? It goes to Planning. It goes
to Zoning, also.
Ms. Dougherty: Why do we have to go to both boards?
Vice Chairman Gort: So what you're doing is, you're only taking it into Planning and eliminating it from
Zoning, and come closer to us..
Ms. Dougherty: That's all we're asking for. Just cut out 30 days. That's the only thing -- And we have
to go to Shoreline.
236 10/26/00
Commissioner Winton: And lots of public input.
Vice Chairman Gort: OK. Commissioner Teele, would you consider your --
Commissioner Winton: How about a deferral?
Commissioner Teele: No, let's not defer.
Commissioner Regalado: Go ahead and vote.
Vice Chairman Gort: Is there a motion? Is there a motion? Hello?
Commissioner Winton: Motion to defer.
Commissioner Teele: Motion to -- Make your motion.
Vice Chairman Gort: This is first reading.
Ms. Slazyk: This is first reading.
Commissioner Winton: Well I --
Vice Chairman Gort: This is a first reading ordinance, people.
Commissioner Winton: Right. So I move to accept.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Any discussion? 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.
Walter Foeman (City Clerk): Roll call. Commissioner Winton.
Commissioner Winton: Yes.
Mr. Foeman: Commissioner Regalado.
Commissioner Regalado: No.
Mr. Foeman: Commissioner Teele.
Commissioner Teele: It's time, Johnny, to learn this trick. Vote "no."
237 10/26/00
Mr. Foeman: Vice Chairman Gort.
Vice Chairman Gort: Yes.
Commissioner Winton: That means it failed. We're tied.
Ms. Slazyk: It failed.
Joel Maxwell (Assistant City Attorney): What was the vote?
Vice Chairman Gort: The motion fails.
Mr. Maxwell: It's a tie vote. No action.
Commissioner Winton: Oh, no action?
Mr. Maxwell: No.
Commissioner Winton: So it can come back.
Mr. Maxwell: No action.
Commissioner Teele: No, not on an ordinance.
Mr. Maxwell: Under Mason's rules, a tie vote is no action. Under Roberts' rules, under normal Zoning
Board rules, that constitutes denial. Under this board, that's no action.
Commissioner Winton: So it can come back?
Commissioner Teele: Is this the Zoning --
Mr. Maxwell: It could come back.
Commissioner Teele: I thought this was a --
Mr. Maxwell: It's a zoning action, yes, sir.
Vice Chairman Gort: So no action means it's got to come back.
Commissioner Teele: I thought this was a Zoning proceeding. I thought the meeting that we are
convened under is a Zoning proceeding meeting.
Mr. Maxwell: Well, you still operate -- this Commission operates under Mason's rules. Now, when I said
"zoning," I meant the Zoning Board, under its procedures.
238 10/26/00
Vice Chairman Gort: All right. Any other business? Well, we have pocket items.
Commissioner Teele: Mr. Chairman.
Mr. Maxwell: It will come back to you, sir.
Vice Chairman Gort: Pocket items.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes. Let me ask staff. Lourdes, you know what I would like? Any time you have
an ordinance like this, I think it's important that you go to each one of the Commissioners and explain it to
them, so we can all have a better understanding. OK?
Commissioner Winton: Right.
Ms. Slazyk: Yes. I'll do that before we bring this one back and show you the process.
Vice Chairman Gort: Please. Thank you.
239 10/26/00
66. MANAGER TO SCHEDULE MAYOR AND COMMISSION ITEMS FOLLOWING CONSENT
AGENDA ITEMS ON FUTURE AGENDAS.
Vice Chairman Gort: Pocket items. Commissioner Regalado.
Commissioner Regalado: I only have one pocket item, Mr. Chairman. It's a motion, starting on the first
meeting of January, the Commissioners' and the Mayor's items will be placed immediately after the
consent agenda.
Commissioner Teele: Not the pocket items.
Commissioner Regalado: No, no, no. The Commissioners' and the Mayor's items. Not pocket items.
The blue sheet.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and seconded. Any further discussion? Being none, all in favor,
state it by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 00-966.
A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE THE
MAYOR AND COMMISSION ITEMS FOLLOWING THE CONSENT
AGENDA ITEMS ON FUTURE AGENDAS BEGINNING WITH THE
FIRST MEETING OF JANUARY 2001.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
240 10/26/00
67. URGE MIAMI STREET CO -DESIGNATION REVIEW COMMITTEE TO WORK
DILIGENTLY WITH MANAGER'S OFFICE THROUGH CITY'S PLANNING DEPARTMENT IN
PROVIDING INPUT AS PART OF STUDY WHICH SHALL INCLUDE CONSULTATION WITH
FAMILY OF LATE JOE LANG KERSHAW, SR., IN DETERMINING APPROPRIATE STREET
LOCATION TO BE CO -DESIGNATED IN HIS HONOR -- NEED TO HONOR MORE AFRICAN -
AMERICANS.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: One of the issues that continues to confront the African-American community is the
fact that streets in Miami don't have the names of African-Americans. I think, as much as anything else,
that's a function of the community and the elected officials not being as proactive as in other
communities. But I think it gives rise to a perception that the City is not fair. I have a pocket item, which
is a motion to request that the Street Designation -- Co -Designation Committee, in cooperation with the
City Manager, through the Planning Department, study and recommend to the Commission within 90
days, after consulting with the Kershaw family, a street to be named for the late Representative Joe Lang
Kershaw. Representative Kershaw was the first African-American to be elected to the Florida Legislature
since reconstruction. He was a teacher, a coach at Booker T. Washington High School, and an alumnus, a
distinguished alumnus at Florida A&M University, as well as a lay leader in the Catholic Church. This
Commission, just a few months ago, in Resolution 99-858, the 16"' of November, almost a year ago to this
date, recognized Commissioner Kershaw's accomplishments by expressing its deepest sympathy and
condolences to the family. I think it's time that the City of Miami found an appropriate street. The
normal process is that the Commissioner designates a street or gives a street. I'm saying the
Commissioner -- what I'm doing at this point is taking it a little bit, a step further by asking that the Street
Designation Committee, along with the Manager's Office, the Planning Department, et cetera, work with
the family in coming up with the appropriate street. And I would so move.
Commissioner Winton: Second. Second.
Vice Chairman Gort: It's been moved and seconded. Any discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye.
241 10/26/00
•
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-967
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
MIAMI STREET CO -DESIGNATION REVIEW COMMITTEE TO
WORK DILIGENTLY WITH THE CITY MANAGER, THROUGH THE
DEPARTMENT OF PLANNING, IN PROVIDING INPUT, AS PART
OF A STUDY WHICH ALSO SHALL INCLUDE CONSULTATION
WITH THE FAMILY OF THE LATE JOE LANG KERSHAW, SR., IN
DETERMINING AN APPROPRIATE STREET LOCATION TO BE CO -
DESIGNATED TO HONOR MR. KERSHAW; FURTHER DIRECTING
THE CITY MANAGER TO PRESENT THE CITY COMMISSION
WITH A RECOMMENDATION WITHIN 90 DAYS 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 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: Commissioner Joe Sanchez
Commissioner Teele: Mr. Chairman, and I would like to advise the management that I, will be, over the
next few months, coming forth with several names of individuals, but I'd like to begin the process. The
first African-American woman elected to the State Legislature was a Miami resident, as well. There is no
street or facility named for her in this City, even though she was a resident of Overtown. And I just think
it's --
242 10/26/00
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Commissioner Winton: Who was that?
Vice Chairman Gort: Gwen Cherry.
Commissioner Teele: Representative Gwen Cherry. There is a facility named for her in the County. And
her accomplishments, not only as a legislator, but as a woman -- Her family, of course, was the Sawyer
family that owned much of Overtown, the Mary Elizabeth Hotel and other facilities. And I just wanted to
put the Commission on notice that I really do think we need to do that. But we need to do it in a
thoughtful way that is not political, and that's why I'm initially asking the Manager's Planning
Department, as well as the Street Co -Designation Committee to work with us in developing such a
process. Thank you.
243 10/26/00
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68. MANAGER TO SCHEDULE DISCUSSION ITEM RELATED TO EXPENDITURES,
ORGANIZING COMMITTEE AND OTHER ISSUES IN CONNECTION WITH HEMISPHERIC
CONGRESS OF CHIEFS OF POLICE.
Commissioner Teele: Mr. Chairman, the other thing is that we've discussed that we have this November
meeting that's going to be mother of all meetings, I guess, or certainly for this year. I would like to place
on the agenda for discussion, as an item for discussion the Hemispheric Conference of Chiefs of Police,
and I'd like to have a discussion on the expenditures, as well as the conference organizing committee and
other issues relating to that committee, to this very important Hemispheric Summit that's going on now.
And I do understand why the Chief hasn't been here. He's doing very important work for the City. But I
would like that item placed on the agenda for the next meeting for discussion.
Commissioner Regalado: I got a question on this. I saw this magazine. It says the City is a -- what? -- a
golden sponsor? No. Platinum. Twenty-five thousand dollars ($25,000), the City of Miami. Is that in-
kind services or did we give the money? It's here.
Carlos Gimenez (City Manager): I believe that came out of the LETF (Law Enforcement Trust Fund).
Commissioner Regalado: The City of Miami -- it says the platinum sponsor number one, the City of
Miami; number two, the Miami Police Department. So these are two entities. So that means fifty
thousand dollars ($50,000)?
Major Joseph Longueira (Police -Support Services): No, no, I don't believe so. I believe it's just the one.
I believe it's just from the LETF, the twenty-five thousand from the department.
Vice Chairman Gort: And you are?
Major Longueira: Major Joseph Longueira, sir, Miami Police Department.
Commissioner Regalado: So I don't understand this. It says here, platinum sponsors, twenty-five
thousand dollars ($25,000). And I think this is a great conference, but, number one, the City of Miami;
number two, the Miami Police Department; number three, Comnet Erickson; number four, Diario Las
Americas; number five, Grand Bay Hotel; number six, the Miami Herald; number seven, Ocean Bank; the
Vanderbiltt Mansion; Fisher Holdings; United Distillers and (unintelligible). What I understand by
reading this is that each and every entity gave twenty-five thousand dollars ($25,000). So you are saying
that the City of Miami and the Miami Police Department is one entity. So the others are separate?
Maj. Longueira: Yes, sir.
Mr. Gimenez: Commissioner, why don't we -- I mean, it'll be on next months agenda and we'll give you
a clear breakdown of any sponsorships that we had twenty-five thousand and LETF. I don't believe the
City, itself, gave twenty-five. I think it's all LETF.
Major Longueira: Right. There was never an item that came here for the City.
244 10/26/00
•
Commissioner Regalado: That's why I'm asking, because I was surprised to see the name of the City of
Miami and not the City of Miami Police Department.
Mr. Gimenez: I believe -- I mean, we can explain it next month. But I believe what happened was there
was fifty thousand from LETF.
Maj. Longueira: That was approved by the Commission.
Commissioner Regalado: Oh, that's fifty thousand.
Mr. Gimenez: That was approved by the Commission.
Commissioner Regalado: And then we share, the City of Miami and the Miami Police Department.
Right? Twenty-five thousand each, both platinum.
Mr. Gimenez: Right. But the fifty thousand was an expenditure that was approved by this Commission
from LETF funds for this conference.
Commissioner Regalado: OK.
245 10/26/00
69. (A) AUTHORIZE MANAGER TO EXECUTE BILL OF SALE TO MIAMI-DADE
COUNTY, WHEREBY CITY WILL GRANT TO COUNTY SIX-INCH FIRE LINE AND RELATED
FITTINGS AND APPURTENANCES, CONSTRUCTED TO SERVE LATIN AMERICAN GOURMET
RESTAURANT LOCATED AT 46 WEST FLAGLER STREET.
(B) DIRECT MANAGER TO RESCHEDULE PROPOSED NEWS RACK ORDINANCE.
Vice Chairman Gort: Any other pocket items? Yes, Lori.
Lori Billberry (Director, Asset Management): Yes. This is an item -- I apologize for bringing it as a
pocket, but we just received this yesterday. It's an item executing a bill of sale to Dade County where we
convey the six-inch fire line serving Latin American Gourmet Restaurant. Latin American has a deadline
to be open next week, and they need to convey this fire line in order to get their water meters. So we're
asking that we have permission to go ahead and sign the documents to transfer this.
Vice Chairman Gort: Is there a motion?
Commissioner Regalado: I'll move it.
Commissioner Teele: Second.
Vice Chairman Gort: Is there a second? Moved and seconded. Any further discussion?
Frank Rollason (Assistant City Manager): I've got one.
Vice Chairman Gort: Yes.
Mr. Rollason: We were directed -- Frank Rollason, Assistant City Manager. We were directed to come
back at the first meeting in November for the news rack ordinance. Because we combined the meetings,
that has caused a little bit of a conflict with some of the people that want to participate, and they've asked
to come for the first meeting in December.
Vice Chairman Gort: OK.
Commissioner Regalado: And besides, I sent the City Attorney the Miami Beach ordinance that maybe
we can look at it.
Vice Chairman Gort: We need to vote on the first one first. I thought you were going to talk about the --
you took advantage of Lori. You don't do that. All in favor state it by saying "aye."
The Commission (Collectively): Aye.
246 10/26/00
•
The following resolution was introduced by Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 00-968
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE A BILL OF
SALE TO MIAMI-DADE COUNTY, WHEREBY THE CITY OF
MIAMI WILL GRANT TO MIAMI-DADE COUNTY A SIX-INCH
FIRE LINE AND RELATED FITTINGS AND APPURTENANCES
THERETO, CONSTRUCTED SPECIFICALLY TO SERVE THE LATIN
AMERICAN GOURMET RESTAURANT, LOCATED AT 46 WEST
FLAGLER STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY
DOCUMENTS AND AGREEMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, REQUIRED TO EXPEDITE THE OPENING
OF THE LATIN AMERICAN GOURMET RESTAURANT.
(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 Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: Now you can speak.
Mr. Rollason: Frank Rollason, Assistant City Manager, and I want to do what I said before.
Vice Chairman Gort: OK. He wants to do what he did before. I don't know what he did before.
Mr. Rollason: Move the meeting on the news rack ordinance, instead of the meeting in November, the
meeting in December.
Commissioner Regalado: OK.
Vice Chairman Gort: OK. There's a motion. Do I have a motion?
Commissioner Winton: So move.
247 10/26/00
Commissioner Teele: Second.
Vice Chairman Gort: Second. Okie doke. 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. 00-969
A MOTION DIRECTING THE CITY MANAGER TO RESCHEDULE
THE PROPOSED NEWS RACK ORDINANCE, PREVIOUSLY
SCHEDULED FOR NOVEMBER 16, 2000 TO THE DECEMBER 14,
2000 COMMISSION MEETING.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
248 10/26/00
70. GRANT EXTENSION UNDER PROVISIONS CONTAINED IN SECTION 4-2 OF CITY CODE
TO PROVIDE FOR TWO HOUR EXTENSION UNTIL JANUARY 3;1, 2001, OR UNTIL SPECIAL
EXCEPTION FOR NIGHTCLUB DESIGNATION IS APPROVED, FOR SALE AND CONSUMPTION
OF ALCOHOLIC BEVERAGES ON PREMISES FOR POWER STUDIOS MIAMI, LLC:, A
RESTAURANT LOCATED IN DESIGN DISTRICT AT 3701 NORTHEAST 2ND AVENUE.
Vice Chairman Gort: Any other items? Thank you. You all have a -- Do I have a motion to adjourn?
Commissioner Regalado: Move it.
Commissioner Teele: Hold, hold, hold it.
Commissioner Winton: Yeah, there's one more here.
Commissioner Teele: At the request 'of the -- This is an application. What is this Latin American
Gourmet Restaurant? That's --
Commissioner Regalado: We already did it. We already did that one.
Commissioner Winton: Here you go. It's the nightclub thing.
Commissioner Teele: Yeah. This is a resolution of the City of Miami granting an extension of the
provisions contained in Section 4-2 of the Code of Miami, as amended, to. provide for two extended -- for
a two-hour extension until January 31, 2001, or until the special exception for the nightclub designation is
approved, whichever occurs first, for the sale and consumption of alcoholic beverages on -- Why does
this say "or off?" -- on or off the premises of Power Studios, LLC, a restaurant located in the Design
District at 3701 Northeast 2"d Avenue, Miami, Florida. Why. does this say "on or off premises," Mr.
Attorney?
Lucia Dougherty: That's just the language you have in your Code. It says, "on or off premises."
Obviously, this is on premises.
Commissioner Teele: Yeah. I would so move it, without the "off premises" reference.
Commissioner Winton: Second.
Vice Chairman Gort: Moved and seconded. Any further discussion? Being none, all in favor, state it by
saying "aye."
The Commission (Collectively): Aye
249 10/26/00
® .•
The following resolution was introduced by Commissioner Teele, who moved for its adoption:
RESOLUTION NO. 00-970
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING
AN EXTENSION UNDER THE PROVISIONS CONTAINED IN
SECTION 4-2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TO PROVIDE FOR A TWO (2) HOUR EXTENSION
UNTIL JANUARY 31, 2001, OR UNTIL THE SPECIAL EXCEPTION
FOR THE NIGHTCLUB DESIGNATION IS APPROVED,
WHICHEVER OCCURS FIRST, FOR THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES ON THE PREMISES
OF POWER STUDIOS MIAMI, LLC. A RESTAURANT LOCATED IN
THE DESIGN DISTRICT AT 3701 NORTHEAST 2ND AVENUE,
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 Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
Ms. Doughtery: Thank you very much.
Vice Chairman Gort: Thank you, Lucia. Do I have a motion to adjourn?
Commissioner Winton: So move.
Vice Chairman Gort: Or do you guys want to stay? There's a motion to adjourn.
Commissioner Winton: So move.
Commissioner Regalado: Move it.
Commissioner Teele: Second.
Vice Chairman Gort: All in favor state it by saying "aye."
250 10/26/00
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Winton, who moved for its adoption:
MOTION NO. 00-971
A MOTION TO ADJOURN TODAY'S COMMISSION MEETING.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Joe Sanchez
251 10/26/00
•
11
There being no further business to come before the City Commission, the meeting was adjourned at 7:05
p.m.
ATTEST:
WALTER J. FOEMAN
City Clerk
SYLVIA LOWMAN
Assistant City Clerk
WIFREDO GORT
Vice Chairman
(SEAL)
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