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HomeMy WebLinkAboutCC 2003-12-18 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IF Ali Meeting Minutes Thursday, December 18, 2003 9:00 AM SUPPLEMENTAL (Verbatim Minutes) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Johnny L. Winton, Chairman Arthur E. Teele, Jr., Vice Chairman Angel Gonzalez, Commissioner District One Joe Sanchez, Commissioner District Three Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes December 18, 2003 DISTRICT 2 Present: Commissioner Gonzalez, Commissioner Regalado, Commissioner Sanchez, Vice Chairman Teele and Chairperson Winton CHAIRMAN JOHNNY L. WINTON SI.1 03-0339 DISCUSSION ITEM District2 DISCUSSION CONCERNING THE MIAMI ROWING WATERSPORTS CENTER, INC. 03-0339 - email DISCUSSED 03-0339a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING MIAMI ROWING AND WATERSPORTS CENTER, INC. ("MRWC") TO OCCUPY APPROXIMATELY 1.14 ACRES OF CITY -OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI FLORIDA, COMMENCING JANUARY 1, 2004, FOR A PERIOD OF SIXTY (60) DAYS, SUBJECT TO MRWC: (1) PROVIDING INSURANCE AND INDEMNIFYING, PROTECTING, DEFENDING AND HOLDING THE CITY OF MIAMI ("CITY") HARMLESS FROM AND AGAINST ALL CLAIMS, SUITS, ACTIONS, DAMAGES OR CAUSES OF ACTION OF WHATEVER NATURE ARISING OUT OF THE USE OR OPERATION OF THE PROPERTY OR THE SURROUNDING AREAS; AND (2) PAYING MONTHLY FEES OF $500 PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), REVOCABLE AT -WILL, WITH MRWC, TO PROVIDE FOR CONTINUED USE OF THE PROPERTY; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Teele and Winton Absent: 2 - Commissioner Gonzalez and Regalado R-03-1260 Commissioner Sanchez: Board appointments. I mean, we'll go through them quick. Chairman Winton: I'm going to do the Supplemental Agenda, so we get the meat done because we can fly through board appointments. Commissioner Sanchez: You are the Chairman for one more month, or is this your last meeting? City ofMiami Page 2 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Chairman Winton: For one more meeting. This is it. Commissioner Sanchez: One more meeting. Chairman Winton: I'm done. Commissioner Sanchez: All right. Vice Chairman Teele: Where's the Chief? Commissioner Sanchez: And you've done a great job, buddy. You've done a great job. Chairman Winton: Thank you, thank you. Vice Chairman Teele: Mr. Chairman, we had the Chief here waiting, and I'd like -- that's on the item relating -- I'd really like to get him released. I think -- Commissioner Sanchez: What, on yours? Vice Chairman Teele: It's on blue pages. Commissioner Sanchez: Which one is it? Vice Chairman Teele: I think it's D1. Chairman Winton: Yeah, let's do it then. Which -- I don't -- I didn't recognize which one it is. Commissioner Sanchez: Commission Agenda? Vice Chairman Teele: Yeah. Commissioner Sanchez: Commission Agenda? Chairman Winton: Keith is here for -- Vice Chairman Teele: D5.1. Chairman Winton: D -- Vice Chairman Teele: "D" as in dog. Chairman Winton: -- 5.1 Vice Chairman Teele: Blue pages. Maybe he left. Commissioner Sanchez: D5.1. Chairman Winton: Is he out there? Vice Chairman Teele: He's out there. Chairman Winton: Well, while we're waiting on him, Supplemental 1. Vice Chairman Teele: What's Supplemental 1 ? City ofMiami Page 3 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Chairman Winton: Discussion concerning Miami Rowing Club. Keith. Keith Carswell (Director, Economic Development): Mr. Chair, Commissioners, Barry University has operated a Water Rowing Program in the past off the -- on the property located at 3601 Rickenbacker Causeway. They've expressed to the adminisfration that they do not wish to renew their agreement to operate their program. The Miami Rowing and Watersports Center has approached the adminisfration with an interest in operating a Rowing Program at the facility, and the administration is asking this time that the Manager be authorized with provide a 60-day agreement while we work through the issues, and come back with a revocable license agreement to operate a water facility -- rowing facility at the property. Chairman Winton: Need a motion. Commissioner Sanchez: Which item is this? Chairman Winton: Supplemental 1. Commissioner Sanchez: 60-day certain -- what I have, P5.1 is -- Chairman Winton: No, no, Supplemental 1 -- Vice Chairman Teele: Supplemental]. Chairman Winton: -- not P5.1. Commissioner Sanchez: Oh. Chairman Winton: Supplemental. Commissioner Sanchez: It's at the end? Chairman Winton: Arthur, move. Vice Chairman Teele: So move the item for discussion. Chairman Winton: Joe, second. Commissioner Sanchez: I don't know. I've got -- let me find it first. Vice Chairman Teele: Is this the Rowing Club? Chairman Winton: Yes. Mr. Carswell: Yes. Vice Chairman Teele: Is there anybody here from the Rowing Club? Commissioner Sanchez: Where's it at? Do you have it? Chairman Winton: Keith, why don't you repeat what's going on here. Mr. Carswell: OK. Chairman Winton: He doesn't -- just repeat -- Joe, he's going to repeat what we're doing here. City ofMiami Page 4 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Mr. Carswell: Apparently, Barry University has an agreement with the City to operate a Rowing Watersports Facility at this facility. They've approached administration recently and advised that they don't have an interest in renewing their agreement, which will be expiring on December 31 st. Miami Rowing and Watersport Center has expressed an interest in continuing the program that Barry was facilitating at the center. Chairman Winton: And? Mr. Carswell: And in order for us to kind of work out the revocable license agreement that would be in place, we're asking for a 60-day -- that the Manager be authorized to execute a 60-day agreement where we can hash out the issues, and then, after 60 days, we would come back to the administration with the revocable license agreement. Commissioner Sanchez: Second. Chairman Winton: OK Discussion. Vice Chairman Teele: The discussion is over. Commissioner Sanchez: None. Chairman Winton: Alan, why don't you get up and put on the record just a little bit of information on the participants in the whole rowing situation. Alan Rubin: Sure. For the record, my name is Alan Rubin. I have offices at 848 Brickell, in Miami. The Miami Rowing Club is a 501(c)3 that's designed for teaching high school kids, from 9th to 12th grade, how to row and participate in the rowing program. There's approximately 160 kids from 16 different high schools. We've been working diligently with the Economic staff Peter Kendrick, Laura Bilberry and with Keith to continue the program. We were doing it under the egises of Barry University, and now that they have gone, we've asked if we could continue with this program for those kids, and that's basically what the program is. We have an -- additionally, we are offering to the Commission -- for each Commissioner to have two scholarships for inner City kids to come. It's approximately a thousand dollar ($1, 000) value for those kids to come and join the program because we'd like to expand the program to as many kids as we could, and that's (UNINTELLIGIBLE). Chairman Winton: Commissioner Teele, do you have discussion? No, so we have a motion and a second. No further discussion. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. DISTRICT 4 SI.2 03-0347 ORDINANCE First Reading District4 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IX, SECTION 2-777(a), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, CITY -OWNED PROPERTY, INVESTIGATION OF APPLICANTS FOR USE, LEASE, RENTAL, ETC., OF CITY -OWNED FACILITIES AND OTHER MUNICIPAL PROPERTY," TO REQUIRE THAT A CREDIT CHECK BE A PART OF THE INVESTIGATION PROCESS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE City ofMiami Page 5 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 AND PROVIDING FOR AN EFFECTIVE DATE. 03-0347- cover memo.pdf Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez Direction to the City Manager: by Commissioner Sanchez to bring back, when this ordinance comes back for second reading, an explanation on how the credit checks will be implemented and what is the budget impact of this action. Chairman Winton: OK. Supplemental 2. Vice Chairman Teele: Is that the credit check? Commissioner Sanchez: No, that's the -- Chairman Winton: Yes, it's credit check. Commissioner Sanchez: Yeah. Vice Chairman Teele: Why does this need to come before us? Chairman Winton: Exactly. You'd think that be just -- it's a what? Alejandro Vilarello (City Attorney): It's a proposed amendment to an ordinance. Chairman Winton: Oh. Mr. Vilarello: (INAUDIBLE) to come before you. Chairman Winton: OK, so do we have anybody want to say anything about this? Who brought this forward? Commissioner Sanchez: What is this? Chairman Winton: Madam Manager. Maria Chiaro (Assistant City Attorney): This item is requested before you from Commissioner Regalado. It relates to requiring a credit check when users want to use the facilities owned by the City ofMiami. We have many items that we do as a background check, but not included is a specific credit check, so this adds the language that a credit check will also be done to investigate the background. Commissioner Sanchez: Why don't we pass on this, until he's here to speak on this? Vice Chairman Teele: Why don't we let him be here when we at least pick up -- Chairman Winton: Yeah. Commissioner Regalado: The second, Mr. Chairman, is legislation that would establish criteria for individuals who promote events at City venues. This is, of course, has to do with what happened at the Coconut Grove Convention Center, and I work with the CityAttorney's Office and they have looked into the code, and there is a resolution that incorporates the things that were missing in the Code, which is credit check and background check of individuals that would City ofMiami Page 6 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 rent or use City venues. I have -- Madam City Attorney, you have the -- I mean, you wrote the things, so -- Chairman Winton: Yeah, so we need to read it again. We brought it up this morning, and then figured out it was your blue page item, so we -- Commissioner Regalado: Do we need to read it or just -- Chairman Winton: Yes, it is -- so, we need -- Commissioner Sanchez: I'll second it -- Chairman Winton: -- a motion and a second. Commissioner Sanchez: -- for the point of discussion. Chairman Winton: Yes, sir. Commissioner Sanchez: Just for point of clarification, I'm all for assorting the sinners from the saints, but are you referring to due diligence and due diligence of background check of these promoters, or fly-by-night individuals who want to come down here and do an event based on credit check and what else? Commissioner Regalado: Credit check and background checks, because, you see, this guy had been arrested several times and no one bothered to know. I mean, we wound up with egg in the face big time. Chairman Winton: Right. Commissioner Sanchez: Well -- Commissioner Regalado: I mean, it came out good at the end of the day, but -- Chairman Winton: Yeah. Commissioner Regalado: But -- and some of these already in the Code, but the City Attorney recommended that we do this ordinance. Chairman Winton: Which I'll have -- Commissioner Regalado: An ordinance of the Miami City Commission amending Chapter 2, Article IX, Section 2-7778 of the Code of the City ofMiami, Florida, as amended, entitled administration, City owned property, investigation of applicant for use, lease, rental of City owned facilities and other municipal property, to require that a credit check be a part of the investigation process; containing a repealer provision, clause and providing for an effective date. This is first reading. Chairman Winton: And that was the -- he just read the ordinance? Maria Chiaro (Assistant City Attorney): Yes, he did. Chairman Winton: So, does that count? Ms. Chiaro: It does. City ofMiami Page 7 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Chairman Winton: Great. Roll call. Commissioner Regalado: Oh. A roll call was taken; the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance has been passed on first reading, 4/0. Commissioner Sanchez: Mr. Chairman, would the administration be advising us on how they're going to be doing this? Is it going to be -- are we going to be going out for services from a consultant or will we be using our own Police Department to do the due diligence? I mean, this is going to have -- no matter what, it's going to have an impact, you know, budget wise -- Commissioner Regalado: And I think, Joe, you're right, but I think they should charge any credit background -- Chairman Winton: To the promoter, exactly. Commissioner Regalado: I mean, they don't do that to you that much in Bayfront. What do you do? Commissioner Sanchez: Well, we basically look into it and we call people and we basically do our own research. Commissioner Regalado: Well, that's it. Chairman Winton: So, Madam Manager, would you -- would y'all -- this is first reading. It's got to come back for second, so when it comes back, would y'all have an answer to the question, and the question is how are we going to actually implement this change? Commissioner Sanchez: Budget -- budget impact and how is it going to be implemented? Are we going to be going out for a consultant to provide due diligence for us -- Chairman Winton: Or is it done internal? Commissioner Sanchez: -- or we'll be using the Police Department? Chairman Winton: Yeah, or some other. OK. SI.3 03-0345 RESOLUTION District4 A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THE CITY MANAGER, DUE TO EXTENUATING CIRCUMSTANCES, TO DIRECT THE ADMINISTRATION TO ASSIST IN THE PREPARATION OF A REFILED VARIANCE REQUEST BY AN INFIRMED SENIOR CITIZEN, MR. JOSE ESCALONA, AND WAIVE ALL FEES ATTENDANT TO SAID APPLICATION FOR PROPERTY LOCATED AT APPROXIMATELY 51 SOUTHWEST 52ND COURT. 03-0345 - Cover memo.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez City ofMiami Page 8 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 R-03-1255 Chairman Winton: Next. Commissioner Regalado, you have one more, I think. Commissioner Regalado: Next. About a year and a half ago, the City Commission granted a variance to senior citizen in the Flagami area, and we did vote for it. It was a unanimous vote, and he never was informed that this variance only lasted one year, so the person got sick, went to the hospital, had month of sickness, and when he decided to go and pull the permits to do the work that he needed to do, they told him, we cannot give you the permits because the zoning variance that the City Commission gave you was only for a year, so we went to the City Attorney and the City Attorney, with the Manager's office, what they came up is with this resolution: He has to start the whole process again, which is -- but he doesn't have money, so the resolution request the City Manager, due to extenuating circumstances, to direct the administration to assist in the preparation of a refill variance request by an informed senior citizen, Mr. Jose Calona, and waive all fees attending to said application for property located at 51 Southwest 52nd Court. Now, he's willing to do -- because he wants to do everything by the book, but he does not have the money to pay again for the same process that he didn't use, and so that is the resolution. He has to go through the whole Planning and Zoning Board process, but the City Commission is asking the City Manager to help him in this -- Chairman Winton: By waiving the fees. Commissioner Regalado: By waiving the fees. Vice Chairman Teele: How much are we talking about? Commissioner Regalado: How much is -- he has one variance, so he has to go through -- I know he paid for two variances, three thousand dollars the first time, about a year and a half or two years ago -- year and a half -- but then he fixed one and he didn't need two variance. He needs one variance to do it. Joel, can you explain that? I think you know about this case. Joel Maxwell (Deputy City Attorney): Well, what happened was, as you pointed out, Commissioner, the individual was granted a variance; it was as set forth in the Code for a specified period of time. It did -- the resolution did say that, but this gentleman wasn't aware of that. He then was ill. He continued through the process, even after the expiration of one year, as I understand it, with architects in submitting his plans to the City, even though it had expired in April, so -- and it's to satisfy our Code violation, I believe, so what you, in effect, are asking is for the Commission to have the Manager assist only in the payment by waiving the fees. Commissioner Regalado: Right. Mr. Maxwell: But other than that, this gentleman would have to satisfy all of the requirements, whatever they are. Commissioner Regalado: Yeah. Mr. Maxwell: Just that he wouldn't pay fees. Commissioner Sanchez: Commissioner Teele asked how much it was. Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. The fees would be the same as they were the first time, because those fees are based on the square footage of the property. Whatever it was the first time, I don't know. He said three thousand dollars. Mr. Maxwell: I think the figure was about three thousand dollars. City ofMiami Page 9 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Commissioner Regalado: Three thousand dollars, but the thing is that he had paid architects and all that all the things that the City -- Mr. Maxwell: But that's in addition to his three thousand dollars. Chairman Winton: That's all -- Commissioner Regalado: No. The fee is three thousand dollars. Chairman Winton: That's the only question he's got. Unidentified Speaker: So moved. Chairman Winton: We have a motion and a -- do we have a second? Vice Chairman Teele: I second it. Chairman Winton: OK We have a motion and a second. No further discussion. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. DISTRICT 5 VICE CHAIRMAN ARTHUR E. TEELE, JR. SI.4 03-0337 RESOLUTION District5 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER, WITH ASSISTANCE FROM THE OFFICE OF COMMUNICATIONS, TO FACILITATE THE FILMING OF ALL EVENTS RELATED TO THE CELEBRATION OF THE REPUBLIC OF HAITI BICENTENNIAL (JANUARY 1, 1804 - JANUARY 1, 2004); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ENGAGE SUCH SERVICES, AS DEEMED APPROPRIATE, FOR SAID PURPOSE, WITH FUNDS PREVIOUSLY ALLOCATED FOR THE BICENTENNIAL; FURTHER DIRECTING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $ FROM SET -ASIDE FUNDS, TO COVER TRAVEL AND HOTEL EXPENSES FOR THOSE DIGNITARIES SCHEDULED TO ATTEND BICENTENNIAL EVENTS; AND DIRECTING THE CITY MANAGER TO PRESENT A REPORT DETAILING THE ACTIVITIES AND THE ALLOCATION DISTRIBUTIONS PREVIOUSLY AUTHORIZED FOR THE BICENTENNIAL. Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado R-03-1251 City ofMiami Page 10 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 03-0337a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, CLARIFYING RESOLUTION NO. 03-1251, ADOPTED DECEMBER 18, 2003, RELATED TO THE HAITIAN BICENTENNIAL COMMITTEE AND MAKING THE FOLLOWING CORRECTIONS: (1) CORRECTING THE DESIGNATION OF THE NAME ENTITY FROM THE SOUTH FLORIDA HAITIAN-AMERICAN HISTORICAL SOCIETY TO THE HAITIAN-AMERICAN HISTORICAL SOCIETY - ONE MEMBER; FROM THE HAITIAN-AMERICAN CHAMBER OF COMMERCE TO THE HAITIAN AFFAIRS COMMITTEE FOR THE GREATER MIAMI CHAMBER OF COMMERCE - 3 MEMBERS; (2) DELETING AND REPLACING THE LANGUAGE AFTER A PUBLISHED NOTICE AT THE REQUEST OF THE MIAMI AND SOUTH FLORIDA COORDINATING COMMITTEE; AND (3) DESIGNATING TWO ORGANIZATIONS REQUESTED BY THE COORDINATING COMMITTEE TO BE MADE MEMBERS - LITTLE HAITI YOUTH DEVELOPMENT CENTER AND HAITIAN LAWYERS ASSOCIATION; AND FURTHER AUTHORIZING THAT EACH CO-CHAIR MAY DESIGNATE AN ALTERNATE IN WRITING TO THE CLERK WHO SHALL BE ELIGIBLE FOR THE REPRESENTATION OF A CO-CHAIR WHEN ABSENT OR UNAVAILABLE. Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Teele and Winton Absent: 2 - Commissioner Regalado and Sanchez R-03-1259 Chairman Winton: OK Supplemental 3. Vice Chairman Teele: Mr. Jose -- Chairman Winton: Is this -- oh, this is Regalado's also. No wonder -- Maria Chiaro (Assistant City Attorney): This is also requested by Commissioner Regalado. Chairman Winton: OK. Let's go to Commissioner Teele, I guess your SI.4. Vice Chairman Teele: Is the communications director here? Chairman Winton: You have the communications director on this item? Vice Chairman Teele: Yeah. Chairman Winton: OK You want to do another SI (Supplemental Item) while we're waiting on him, Commissioner Teele? Vice Chairman Teele: Yeah. Is the Parks Director here? We're on the SI, Madam Manager. If you could get your staff in position, it would really be helpful. Chairman Winton: Right. City ofMiami Page 11 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Janet Lopez: Good morning, Commissioners. Vice Chairman Teele: We'd like to get your input on this SI item that we have here. Ms. Lopez: We are more than ready to cover any of the events. We look forward to being able to put a production forward. We're going to be determining the exact order that we need to be portraying, and we'll be more than happy to ascertain a camera crew and appropriate services. Priscilla A. Thompson (City Clerk): I'm sorry. We need name and department for the record, please. Ms. Lopez: Hi. I'm Janet Lopez, Director of Communications for the City ofMiami. Vice Chairman Teele: All right. Angel left. Chairman Winton: He's right there. Vice Chairman Teele: Commissioners, let me just make you aware of really some things that can't understand. The Bicentennial of Haiti is perhaps a significant event in the diplomatic world, however, we should take note of what is going on in the Republic of Haiti today, and there are a lot of issues. First and foremost, it appears that the opposition to the President there is using this as an opportunity to try to create a second Revolution, as noted in yesterday's Herald or today's Herald. I think there was a big demonstration at Bayfront Park. I think it's really important, first and foremost, that the police be on notice that there are two different currents moving regarding this Bicentennial process, and much like Little Havana, what happens in Port -au Prince Haiti could very well color everything that happens in the City ofMiami in a matter of moments, and none of us are certain as to the volatility that is going on in Haiti. Now, I've spoken to the State Department as late as last night and they have some very real -- some concerns, as well. It's in that spirit, however, that the City ofMiami has -- is sponsoring the signature event, with a coordinating committee, which is a subject of another discussion that I'd like to have with the Manager and the Commission after this event is over. This event will be held on January 1, at 12 noon, at Miami Avenue and 62nd MLK (Martin Luther King), and we're expecting to draw some two to five thousand people, and it is a four or five -hour event. There are several issues that really require the City's direct involvement, and the Manager personally has become involved and I'm encouraged that some of things that we have been dealing with will be resolved, and particularly note that Larry Spring, the budget person, is working with us to try to get these issues resolved. One of the areas of concern is the filming of this, and whether or not it will be available for Net 9. This is particularly a concern in that this Commission passed a resolution a year ago instructing the Communications Office to prepare, in conjunction with the NET (Neighborhood Enhancement Team) Office, certain filming related to code enforcement in the NET -- in the Little Haiti NET area, and to put together -- and there was a resolution, which we've received no response. What would like to do is move SI.4, whatever this item is, basically authorizing and putting again the responsibility on the Communications Office to deal with the Haiti -- the Little Haiti area as it relates to the Bicentennial, and those other resolutions that have been passed, to put together a comprehensive plan. Creole, of course, is a challenge for a lot of us and we have a lot of Hispanic broadcasting, but we have very, very little Creole, and I think one way to do that is to do this and to work with the community and consultants to get it done. I would so move. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. City ofMiami Page 12 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: Mr. Chairman, in that regard, there's a companion resolution to clarify Resolution 3-125, which is the Little Haiti Bicentennial, which the Mayor and I co-chair, along with about five other people, and I should note that the City of North Miami has opted in. We're still waiting from Miami -Dade County a formal response, although they have had staff participating. This is a resolution making the following corrections: Correcting the designation of the named entity from the "South Florida Haitian American Historical Society" to the Haitian American Historical Society," one member; and in Section 2DC, from the "Haitian American Chamber of Commerce" to the "Haitian Affairs Committee of the Greater Miami Chamber of Commerce," three members, and further by deleting and replacing the language are replacing it after a published notice with -- at the request of the Miami and South Florida Coordinating Committee, and the third would be to designate the three -- two organizations that are requested by the Coordinating Committee to be made members of the Little Haiti Youth Development Center and the Haitians Lawyers Association; and further authorizing that each co-chair may designate an alternate, in writing, to the Clerk, who shall be eligible for the representation of a co-chair when present or -- when absent or unavailable. I would so move, and I'll explain it. Commissioner Gonzalez: Second. Chairman Winton: Got a motion, second. Vice Chairman Teele: These are just scrivener's errors. Basically, we've got to get some stationary done. This whole thing has just been -- I mean, we've had wrong names, wrong organizations. We're trying to get the stationery done hopefully today, and this clarifies who's on the stationery and what organizations there are. We had the name of one organization wrong and it's just been languishing there for that long. Chairman Winton: So, we have a motion and a second. Any further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: Thank you, Mr. Chairman. SI.5 03-0338 RESOLUTION District 5 DISCUSSION AND RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CONDUCT A FEASIBILITY STUDY TO IDENTIFY A LOCATION AND RETROFIT A PARK IN THE DISTRICT 5 AREA TO ACCOMMODATE SEATING FOR 5,000 TO 10,000 PATRONS, LOCKER ROOMS AND SHOWERS FOR FOOTBALL AND SOCCER EVENTS; FURTHER DIRECTING THAT SAID FACILITY BE AVAILABLE FOR USE BY THE NEW SCHOOL YEAR COMMENCING SEPTEMBER 2004, DUE TO THE SHORTAGE OF STADIUMS FOR SPORTING EVENTS, TO REMEDY THE EXTREME NEED FOR A VENUE TO HOUSE THE MULTITUDE OF SPORTING EVENTS SCHEDULED TO TAKE PLACE IN THE CITY OF MIAMI; ALLOCATING FUNDS FOR SAID FACILITY FROM, BUT NOT LIMITED TO, THE DISTRICT 5 QUALITY OF LIFE ACCOUNT FOR SAID FACILITY. Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 13 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado R-03-1256 Vice Chairman Teele: And then the other one, Mr. Chairman, was the park, and Manager and I had discussed it, and this was simply a resolution, which someone took liberties with my language and changed it, and I want to bring it back to the original. I can't seem to locate it, but it was a resolution -- you have that supplemental resolution -- Chairman Winton: Which one? Vice Chairman Teele: -- relating to the identification -- instructing the City Attorney -- City Manager to look throughout District 5 and identify an appropriate place, if any, to build a -- thank you -- to construct a -- location to retrofit a park in District 5 to accommodate a seating of five to 10, 000 patrons, locker rooms, showers, and football and soccer events; further directing that the said facility be -- attempted to be available by school year commencing '04, and that the funds will be identified from an appropriate source of funding. I would so move for discussion. Commissioner Gonzalez: Second. Chairman Winton: Motion -- we have a motion and a second. Discussion. Yes, sir. Vice Chairman Teele: Mr. Chairman, to Commissioner Gonzalez, whose district is actually the sole hope that we have in the City, and that's what -- is it Curtis Park? Curtis Park is the venue? We have a real problem citywide, Countywide and that is, there are no venues for high school football games and events. They go to the Miami -Dade, I guess it's Traz Powell Stadium and Curtis Park, and more and more Curtis Park, they have problems just scheduling games. Booker T., Edison, et cetera. I think, as we continue to talk about improving education -- and the City has been at the table with some rather creative ideas -- I think one of the things that we ought to do is what we have some responsibility for, which are parks and venues, and I think we ought to put our money where our mouth is. I know that I have a number of organizations from the black community now that are going into Curtis Park, which is a great thing, but there is just not enough time allowed, so there's a crisis building in terms of these venues. What we're asking the Parks' staff the Manager's staff to do is to look at -- in the case of my district, to determine whether or not there is an appropriate venue, and I will tell you that this could get down to no location in my district or maybe one or two. I don't know. Remember, people are not going to want to have the kind of traffic that five thousand people generate coming in. The reason Curtis Park work so well is it's right there off 20th Avenue -- 20th Street again, and dah, dah, dah, dah, dah, but you know, you're not going to want to have a bunch of people driving through your neighborhoods going to a high school football game or some other activity, so it's not as attractive as it may sound at first, but I do think -- and the Manager and the Parks Director -- I'm sorry he's not here -- was excited about it, because having come from the school system, he knows very well the acute shortage. There are no parks in the City that have lockers and showers, at all, and that's kind of hard to believe, so, Mr. Manager, I assume you support this and could -- Joe Arriola (City Manager): Absolutely. You know, that this is very important. We have discussed -- I have discussed with you a couple of locations. You've come up with a couple of very innovative ideas on this, and we're definitely going to support it. I also will want to talk to Commissioner Gonzalez eventually to -- at Curtis Park to kind of finish that football stadium, and maybe we could put lockers in and kind of -- Commissioner Gonzalez: I think that we should. I mean, it's a need. Mr. Arriola: Yeah, I think it's a need. Not only do we do it in your district, but to kind of City ofMiami Page 14 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 complete the Curtis Park facility, so we would have two venues in the City ofMiami for high school football. You know, everybody recruits in the City ofMiami for football players, andl think it's kind of a shame that we're not giving them the right venue for it, so I will discuss this with both ofyou to make sure that we do finish. Vice Chairman Teele: And these venues, by the way, would be available citywide. They would just be located some -- Mr. Arriola: Absolutely. Absolutely. They'll be citywide. It's just that both ofyou happen to have space, ifI might say, where we can put these venues, and it will be good locations and kind of be in the middle of the City where everybody will be able to use them. Chairman Winton: If there's no other discussion, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: Mr. Chairman, we would also like to bring the football coach over at Booker T. to receive -- Chairman Winton: Right. Vice Chairman Teele: I think his comments about athletics is fine, but scholarship is more important. We need to hold that kind of philosophy up. In January -- on January 8th, we'll be -- Chairman Winton: That was the thing I wanted to -- Vice Chairman Teele: We'll be working to fry to do that also. Chairman Winton: Great. OK. OK. Anything else? We're going to lunch. 3 o'clock? Commissioner Sanchez: Be back at 3? I will be leaving around 4:15. My son is in the championship with the PAL (Police Athletic League) flag football team, and they'll be playing at Curtis. Vice Chairman Teele: And they're playing where? Commissioner Sanchez: Curtis. Chairman Winton: Great. Vice Chairman Teele: What time did you say you were leaving? Chairman Winton: 4:15. Commissioner Sanchez: I will be leaving about 4:15; be back about five. Vice Chairman Teele: OK, because I've got some obligations this evening. I know we all do. Mr. Chairman, what time are you going to try to get out of here tonight? Commissioner Sanchez: Early as possible. We could come back at 2, if you want. Vice Chairman Teele: Why don't we come back at 2:30? What time did you -- City ofMiami Page 15 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Chairman Winton: Fine with me. Commissioner Sanchez: Teele, we start at 2 -- 2:30. Vice Chairman Teele: 2:30. Chairman Winton: Yeah, 2:30. Commissioner Sanchez: 2:30. Chairman Winton: 2:30 it is. Well, can we start Planning and Zoning items at 2:30? Commissioner Sanchez: Three. Chairman Winton: So, why -- what are we going to come back at 2:30 for? We don't have anything to do. Vice Chairman Teele: We've got a whole bunch of-- we have items here on the agenda. Commissioner Sanchez: We still have items. Vice Chairman Teele: We still have items here. Chairman Winton: We do? Vice Chairman Teele: We haven't done the Blue pages. We've got Tomas' items we passed on. Chairman Winton: No. We've done most of the blue pages because they were supplemental, I figured out. It took me a while to figure that out, but most of the blue page items were in the supplemental agenda. Huh? Oh, got pocket items. Fine. 2:30. Well, I just don't want to come back and have nothing to do. Vice Chairman Teele: We have plenty to do. Chairman Winton: OK 2:30 it is. Commissioner Gonzalez: 2:30. Chairman Winton: Yes, sir, Commissioner Teele, you had a question? Vice Chairman Teele: Mr. Chairman, there were three or four other items. Chairman Winton: Right. Vice Chairman Teele: The Manager had asked -- Is the Parks Director here? Unidentified Speaker: Yes. Vice Chairman Teele: The Parks Director had been prepared to discuss this morning very briefly, and the Manager asked that he be able to make a very brief presentation regarding the study on a stadium for football, soccer, so -- Chairman Winton: Yeah, yeah, yeah. Santiago Corrada: Good evening, Commissioners. Santiago Corrado, Director of Parks in City ofMiami Page 16 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Miami. Commissioner Regalado: But before that -- Mr. Corrada: Yes, sir. Commissioner Regalado: -- or after that, I think that the City Attorney has a language that we could look at and we could send it to the County Commission, so they would have it in advance. Vice Chairman Teele: No. I'm talking about the -- for the high schools. Commissioner Regalado: Yeah. I understand, but after that, can we do the language of the ballot? Chairman Winton: Yes, we'll do that next. OK. Santiago. Mr. Corrada: Santiago, Director of Parks, City ofMiami. As recommendation from Commissioner Teele's office, we started to look at the possibility of creating a second stadium, similar to Curtis Park Stadium, in one of the District 5 parks. We've taken the footprint - the blueprint of Curtis Park and started to superimpose it on different parks within Commissioner Teele's district, and we're finding that there's some very, very good possibilities of doing that. We're looking at a stadium with the seating capacity of about 6,000 individuals, with showers and locker rooms that would accommodate some of our high school football teams, as well as maybe a semi-professional football team, and we think that we could make that happen with anywhere between one point five million dollars ($1,500, 000), and two point two million dollars ($2, 200, 000), especially if we find a site where there's already existing lighting and some of the amenities that we're looking for. In addition to doing some major renovations at Curtis Park that would put us at a competitive place in high school athletics, because, as we know, the Dade County School Board has run into a shortage with stadiums, not only for football, but soccer, as well, and we all know that there are a shortage of soccer fields in the City, so this would help us in that regard, too, so we think it's a great idea and we are really, really looking at it. Members of CIP (Capital Improvement Program) have met with members of Parks staff and we've already looked at the feasibility and there are some great possibilities there. Chairman Winton: Great. OK Mr. Corrado: About 1.2. Thank you. SI.6 03-0341 DISCUSSION ITEM District 5 A DISCUSSION TO CLARIFY MOTION# 01-585, ADOPTED JUNE 14, 2001, WHICH APPROVED THE PLACEMENT OF A STATUE OF TOUSSAINT L'OUVERTURE TO BE LOCATED IN THE LITTLE HAITI AREA AND PRESENTATION OF A REPORT BY THE CITY MANAGER FOR RECOMMENDATIONS FOR PLACEMENT OF SAID STATUE. 03-0341 - Back-up.pdf DISCUSSED Report delivered by Javier Fernandez, Assistant to the Chief of Neighborhood Services. Chairman Winton: Commissioner Teele, you want to do SI.5? City ofMiami Page 17 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Vice Chairman Teele: SI.5 is the -- Chairman Winton: What is that? Vice Chairman Teele: -- the feasi -- well, SI.6 is companion, and that is -- SI.5 and 6. SI.6 is the committee -- apparently, there was a resolution a year ago with Public Works to work with the City to develop a statue on Northeast 2nd -- 62nd, and one of the things that the committee has been pushing very hard for is a statue of Toussaint L'Ouverture. We need to hear from Public Works as to where that is. We passed that resolution over a year ago, and it just -- I mean, the staffing process -- I don't know what the disconnect is, but is there somebody here to discuss that? Is the Parks Director here for the other item? Alicia Cuervo Schreiber (Chief of Neighborhood Services): The Director had to leave on an emergency. Vice Chairman Teele: The Parks Director? Ms. Cuervo Schreiber: Yes. Vice Chairman Teele: OK Chairman Winton: So -- but who can address the issue of the placement of the statue? Ms. Cuervo Schreiber: We have someone coming right now. In the meantime, if you'd like, we could justget back you. Vice Chairman Teele: Let's take it up after lunch. Chairman Winton: OK Chairman Winton: And what was the Manager's item we wanted -- Vice Chairman Teele: There were three items that needed the Manager for. The statue, the Toussaint L'Ouverture statue, and that was an item that was directed over a year ago to come back with a report. I have said repeatedly to the public that -- we cannot just start putting statues up anywhere and everywhere on a public right-of-way, and we needed the City staff to come in with a recommendation that "A," that we had the space, and we could do it and recommended the funding source, so I didn't know if you all were ready for that. That had come up before. Javier Fernandez: Good morning, Commissioners. Javier Fernandez, with the office of the City Manager. To give you some history, the motion you're referring to had gone unaddressed, Commissioner, until events related to the United Way kick-off event. During that process, the statue request was forwarded, a site plan was developed wherein Public Works and the County, which owns the particular site that we're looking at, signed off on a location for a potential base for the statue. I believe at this time though the discussion regarding the locating of the statue at that location is now before the Bicentennial Committee, which is trying to develop a proposal for possible funding. Vice Chairman Teele: I'm bringing it back from the Bicentennial Committee, and what it's getting -- happening is a runaround. I mean, the location that was discussed -- and some young man came here (UNINTELLIGIBLE) or something like that, over a year ago and we said we'd look into it, but told him then that the site was owned by the County. City ofMiami Page 18 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Mr. Fernandez: Correct. Vice Chairman Teele: The City staff was going to meet with the County staff and get them to give us an interlocal agreement or whatever that we could erect it or do it or whatever. The Bicentennial Committee is saying they want to announce it. I'm telling them, we don't want to start announcing something until we have an agreement and the money. Mr. Fernandez: Correct. Vice Chairman Teele: So -- Mr. Fernandez: At this point, we have neither, and I think there are a number of issues that I've raised to the Manager's attention with regard to cost for preparing the site, to bring utilities onto the site so that we could, in effect, have that memorial located there. Vice Chairman Teele: You know, in the minds of a lot of people, you could just take a statue and stick it there. Mr. Fernandez: Correct. Vice Chairman Teele: And, you know, the infrastructure, the permits, we can't do that. You know, I told them, if they want to do that, go to the United Way; let them stick it up, and we'd look the other way maybe, but the fact is the City cannot just do it the way that it's being proposed, butl think they're entitled to at least a response, but don't say the Bicentennial Committee's looking at it because what they want is an action, and they are looking for the dollars to do it, so it's, in effect -- do we have a site designated yet -- Mr. Fernandez: What we have is a -- Vice Chairman Teele: -- with the County? Mr. Fernandez: We have -- the County's Public Works Department has signed off on a plan that was developed by an architect who donated his services as part of the United Way initiative. I believe that we do have a copy on staff of that particular site plan, and what we are missing at this point is utilities, as you mentioned, and funding to proceed with locating the statue. Vice Chairman Teele: Well, I'm prepared to support it one hundred percent, butl think, at some point, we can't refer this out to anybody else. I mean, the County has done their part, as I hear what you're saying. Mr. Fernandez: I think we need to prepare some cost estimates for preparing the site, and we need to work with staff to do that, and I guess -- Vice Chairman Teele: And the cost of the base and the statue. Mr. Fernandez: Correct. Vice Chairman Teele: Because all of that's one -- Mr. Fernandez: And maybe present that to the Bicentennial Committee for their consideration, and work with you to identify some funding. Vice Chairman Teele: OK SI.7 03-0342 DISCUSSION ITEM City ofMiami Page 19 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 District 5 A DISCUSSION TO EFFECTUATE A "FREEZE" OF GARBAGE RATES/SOLID WASTE FEES FOR THE NEXT FIVE YEARS DUE TO THE ADOPTION OF THE REFERENDUM RELATED TO THE PARKING SURCHARGE THAT WAS APPROVED BY THE ELECTORATE ON NOVEMBER 4, 2003. 03-0342 - Back-up.pdf DISCUSSED A motion was made by Vice Chairman Teele, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Regalado absent, to provide for a five year residential solid waste fees freeze at $324. On request by Commissioner Regalado, who expressed his desire to vote affirmatively on prior vote on Item SI.7, a motion was made by Commissioner Sanchez, seconded by Vice Chairman Teele, and passed unanimously, to reconsider prior vote on Item SI.7. Ordinance (File # 03-0342a) was immediately thereafter passed. See below: (SI.7) 03-0342a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 22-12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE FOR A FIVE YEAR RESIDENTIAL SOLID WASTE FEES FREEZE AT $325, COMMENCING FISCAL YEAR 2003-2004 AND ENDING FISCAL YEAR 2008-2009; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0342a- memo.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Direction to the City Manager: by Vice Chairman Teele to bring charts and graphs showing where the garbage rates/solid waste fees would be expended if the City were not to freeze said fees and how the County rate compares to the City's; further stating that when this comes back for second reading, the Manager will be instructed to mail out a notice to all Miami residents notifying them of the freeze in the fees. Chairman Winton: I think, then, that we've done all we can -- What else do we have? Joe Arriola (City Manager): You've got a couple pocket items there that you might want to -- Priscilla A. Thompson (City Clerk): You have Supplemental Item 7. Chairman Winton: Oh, Supplemental Item 7. Commissioner Teele, I think this is yours. Is Supplemental 7 discussion to freeze the garbage rates and Solid Waste fees? Commissioner Gonzalez: Seven and eight. Chairman Winton: Whose is that? Vice Chairman Teele: Yes. City ofMiami Page 20 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Commissioner Sanchez: Supplemental 7. Commissioner Gonzalez: Second. Commissioner Sanchez: So move 7. Vice Chairman Teele: Mr. Chairman, what wanted to make sure from the Manager -- and just so that we're clear, to do this, this has to be done by ordinance properly, in my judgment. Commission cannot behind succeeding commissions and even the ordinance can be appealed, so a resolution is really not the effective way to do this. This needs to be an ordinance, butt want to make sure that in light of the parking surcharge passing, I think we should be very, very clear to the public that we are acknowledging the burden that has been on the City and giving basically some relief butt want to make sure that this is not going to item bear the City, and I've had the discussions with you -- I've had the discussions with you before, Mr. Manager, and you said you did not feel that this would impair the City; that is, to freeze garbage rates in the residential for a period of five years, and I'd like to make sure that we're in agreement on that. Joe Arriola (City Manager): Absolutely, sir. We've had discussions, and I've had discussions with all Commissioners. I feel that we can do it. We will find ways to become more efficient, and I have no problem freezing them for the next five years. Vice Chairman Teele: And I want to make sure that the Commission is aware that even though we're doing this, any subsequent Commission can repeal this. In other words, we cannot bind commissions beyond this Commission sitting at this point in time. If anybody wants to come back and do it later on, it can be done, if there is a financial emergency or a reason to do that, so -- but what we're saying here is, it is our intent to freeze rates for -- at the rate that they're at now, and what would hope that, if this passes, and the attorney has given me the right language, which is the ordinance, that in effect, the City Manager will send out a letter -- Johnny, you don't seem to be comfortable. Chairman Winton: I'm -- yeah, I don't -- I'm -- I don't -- I was going to ask you after you finished, but I'm frying to --I don't get the logic here. Commissioner Sanchez: The logic is that when we were here seeking support from the parking surcharge, statements were made and a promise was made to the voters -- Vice Chairman Teele: Absolutely, absolutely. Commissioner Sanchez: -- that we would keep the garbage rate at the same rate -- Chairman Winton: Oh, OK. I forget -- right. Commissioner Sanchez: -- for five years, which is 3.25. Chairman Winton: I remember. Commissioner Sanchez: If you look at the annual waste fee -- Chairman Winton: I remember. Commissioner Sanchez: -- the projections were that in 2003, 2004, they were suppose to be going up to 3.85, and in 2004 and 5 to 4.05, still competitive to other cities throughout the state, but it was our word to the voters and that's why tend to agree, it needs to be an ordinance. Chairman Winton: Right. City ofMiami Page 21 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Commissioner Sanchez: So, that's why we're doing it, so whether it's a resolution, ordinance, we're prepared to vote on it. Vice Chairman Teele: Well, what I would like to do is not do it as an emergency, but do it as a regular ordinance, because I really do think that it should be publicly known, we should get the input of the public, and I think it sends the right signal, but I am very much in favor of this for the reasons stated. I think we have an obligation to do this, and I think, in the second reading, Mr. Manager -- and I hope Linda is listening -- I would like to see some charts and some graphs of where the rate would be otherwise, and where the County rate is now and all of that, because I think the public needs to know, and then when we bring this for second reading, we're going to instruct you to mail a notice out to the citizens that this is in effect once it goes into effect, because I think we need to say thank you and not just take tax, tax, tax. We need to basically give some relief so I would move this, not as an emergency, but as a regular ordinance to be back for -- Chairman Winton: Second reading. Vice Chairman Teele: -- on January the 8th. Commissioner Sanchez: Second. As first reading or this would be the first reading? Vice Chairman Teele: This would be the first reading. Chairman Winton: First reading. We have a motion and a second. Discussion? Read the ordinance, please. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call. A roll call was taken; the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0. Chairman Winton: Great. Commissioner Regalado: Before -- Mr. Chairman, before you leave, I would really like to vote on this ordinance, an emergency ordinance to -- that provides a solid waste fees freeze, and I wasn't here, so can I reconsider this so I can vote? Vice Chairman Teele: It wasn't an emergency. It's a first reading, but we could reconsider it and let it -- and then do it again to let him vote, could we not? Commissioner Sanchez: Why don't you just cast his vote as 'yes?" Alejandro Vilarello (City Attorney): What you'll have is an opportunity to vote at the second -- Commissioner Regalado: Huh? Mr. Vilarello: -- at second reading, but, yes, you would reconsider your vote on the ordinance for first reading. Chairman Winton: But we didn't do it as an emergency, so it comes back for a second reading. City ofMiami Page 22 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Commissioner Sanchez: All right. Vice Chairman Teele: But I think -- I think it'll be good to let him -- Commissioner Regalado: No. But I really want to vote on 2. Commissioner Sanchez: Motion to reconsider it so you have -- Commissioner Regalado: Thank you. Commissioner Sanchez: -- the ability to vote. Commissioner Regalado: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. The motion carries. Now, we need -- Vice Chairman Teele: Have the attorney read it into the record. Commissioner Regalado: OK. I guess the movers were the same, so this ordinance freezing the -- I don't know who moved it before. Commissioner Sanchez: We've already -- Vice Chairman Teele: You have the ordinance? Commissioner Sanchez: We've already voted on reconsidering, right? Chairman Winton: Yes, and that passed. Commissioner Sanchez: All right. Move to approve. Vice Chairman Teele: Second. Commissioner Regalado: OK, second. Chairman Winton: It's an ordinance? Mr. Vilarello: Yes. Chairman Winton: OK. Read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call. There was a roll call, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance has been passed on -- I'm sorry. Yes. passed on first reading, 5/0. RESOLUTIONS City ofMiami Page 23 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 SI.8 03-0336 RESOLUTION District2 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING A GRANT AWARD, IN THE AMOUNT OF $10,000, FROM THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF PUBLIC FACILITIES IN SUPPORT OF THE DOCKAGE AT MIAMARINA TO THE AMISTAD AMERICA, INC. , FROM JANUARY 11TH THROUGH MARCH 21ST, 2004; AUTHORIZING THE CITY MANAGER TO EXECUTE A TRANSIENT MOORING & DOCKAGE AGREEMENT, SUBJECT TO THE AMISTAD AMERICA COMPLYING WITH ALL MARINA RULES AND REGULATIONS AS REQUIRED BY THE CITY. 03-0336 - Cover memo.pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Teele and Winton Absent: 2 - Commissioner Regalado and Sanchez R-03-1252 Chairman Winton: SI.7. Vice Chairman Teele: I'd like to have five Commissioners here on that. Chairman Winton: OK Commissioner Gonzalez: On the 8. Vice Chairman Teele: SI.8 is no dockage for the -- is this at the request of the Manager, on the AMISTAD? Chairman Winton: Christine. Vice Chairman Teele: I would move SI.8 for discussion. Commissioner Gonzalez: Second. Chairman Winton: Motion and a second. Christina Abrams: Christina Abrams, Director of Public Facilities. Vice Chairman Teele: Is this here at the request of the Manager? Ms. Abrams: Yes, it is. Chairman Winton: And this was what we did for him last time, too, right? Vice Chairman Teele: Yeah. Ms. Abrams: Last time they were Bicentennial Park, and the City did not charge them dockage. Vice Chairman Teele: Where are they now? Ms. Abrams: They'll be at Miami Arena at Bayside. City ofMiami Page 24 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Vice Chairman Teele: Well, I'm all for it, but I think, you know, this is not the way to do this, personally. I think the way you do it is, you appropriate some money from somewhere and you pay it. You're going to create all kind of equal protection issues if you start doing this stuff like this. I don't know what the lawyer is advising. I'm not trying to be the City lawyer, but I -- if the lawyers are saying this is permissible and this is the way to do it, let's do it, butt would be much more comfortable if we were appropriating money from a department and making it as a grant, because I think, you know, what's going to happen is, how do you tell the next group no when they come in? Chairman Winton: Good point, so why don't you make that motion? Vice Chairman Teele: The Manager's not here, unless -- Commissioner Gonzalez: You want to amend it or -- Chairman Winton: Yeah, but I don't think he'll have a problem with that. Vice Chairman Teele: How much is the dockage? How much would it be? Ms. Abrams: The value is approximately ten thousand dollars. Chairman Winton: But it's circular, isn't it? Vice Chairman Teele: Huh? Chairman Winton: In your process, it's circular. Vice Chairman Teele: Well, it should be -- who does the money go to? Ms. Abrams: Well, we're not actually receiving money. What we're doing is not charging them dockage. Vice Chairman Teele: Who would the money go to if it was being docked? Ms. Abrams: It would go to the City ofMiami, Department of Public Facilities and Marinas Division. Vice Chairman Teele: So, I would move that a grant be made from the City ofMiami Public Facilities for ten thousand dollars to support the dockage costs. Commissioner Gonzalez: Second. Chairman Winton: Circular. Got a motion and a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Ms. Abrams: Thank you. SI.9 03-0103 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CONCEPTUAL PLAN ("PLAN") FOR City ofMiami Page 25 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 THE MODEL CITY HOMEOWNERSHIP ZONE PILOT PROJECT AREA AS APPROVED BY THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST BOARD OF DIRECTORS; FURTHER DIRECTING THE CITY MANAGER TO IDENTIFY APPROPRIATE RESOURCES AMONG CITY DEPARTMENTS AND AGENCIES TO ENSURE THE PROMPT AND SUCCESSFUL IMPLEMENTATION OF THE MASTER PLAN, AS IT MAY BE AMENDED FROM TIME TO TIME. 03-0103 - cover memo.pdf 03-0103 - exhibits.pdf Model City Trust -Commission Presentation 11-25-03.ppt Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Teele and Winton Absent: 2 - Commissioner Regalado and Sanchez R-03-1253 Chairman Winton: SI.9. Marva Wiley: Good morning. Marva Wiley, Acting President/CEO (Chief Executive Officer) of the Model City Community Revitalization District Trust. You will recall, at the last Commission meeting the lead for the master planning team, Joe Kohl, of Dover Kohl and Partners, made a presentation related to the master plan efforts to date, and there were several items that this Commission had requested. One of those was the resolution reflecting the board of directors' approval of the conceptual plan as it was presented, and that should be included in your package. Additionally, the Commission asked that the City Manager make comments regarding the plan, and I believe that is also included in your package, so if there are any other questions - Vice Chairman Teele: I would move the item for discussion. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Yes, sir. Vice Chairman Teele: Madam Manager, are you all satisfied with the item and do you support it? Chairman Winton: What was that? Alicia Cuervo Schreiber (Chief of Neighborhood Services, City ofMiami): Yes, the Manager's office is in support of it. Vice Chairman Teele: Call the question. Chairman Winton: OK Any further discussion? All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Thank you, Marva. SI.10 03-0335 RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE City ofMiami Page 26 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 CONTINUED ENGAGEMENT OF BOND COUNSEL TO PROVIDE BOND COUNSEL SERVICES, IN AN AMOUNT NOT TO EXCEED $35,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, IN CONNECTION WITH THE DISBURSEMENT OF FUNDS FROM GENERAL OBLIGATION BONDS OF THE CITY OF MIAMI FOR HOMELAND SECURITY, NEIGHBORHOOD IMPROVEMENTS, CAPITAL PROJECTS AND INFRASTRUCTURE IMPROVEMENTS, ALLOCATING FUNDS FROM THE HOMELAND DEFENSE BONDS, ACCOUNT CODE NO. 331419, FOR SAID SERVICES. 03-0335 - Cover memo.pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Teele and Winton Absent: 2 - Commissioner Regalado and Sanchez R-03-1254 Chairman Winton: SI.10. Commissioner Gonzalez: Move SI.10. Vice Chairman Teele: Second. Chairman Winton: Got a motion, second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. COMMISSIONER TOMAS REGALADO SI.11 03-0331 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION R-03-1204, ADOPTED NOVEMBER 25, 2003, IN ITS ENTIRETY AND SUBSTITUTING THE HEREIN RESOLUTION IN LIEU THEREOF TO AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT NO. 02 TO THE TRI-PARTY AGREEMENT DATED JULY 19, 1988, AS AMENDED, IN SUBSTANTIALLY THE ATTACHED FORM, AMONGST THE CITY OF MIAMI, MIAMI-DADE COUNTY ("COUNTY"), AND BAYSIDE CENTER LIMITED PARTNERSHIP RELEASING THE COUNTY'S OBLIGATION TO CONTRIBUTE $1,500,000 IN FUNDING OF IMPROVEMENTS FOR THE PEDESTRIAN BRIDGE ON PARCEL B, AND FURTHER AGREEING TO COOPERATE ON THE JOINT PLANNING OF THE DEVELOPMENT OF THE PROPERTY. 03-0331 - Cover memo 03-0331 - exhibit 03-0331 - agreement Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 27 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1257 A motion was made by Vice Chairman Teele, seconded by Commissioner Gonzalez, passed unanimously, with Commissioner Sanchez absent, to instruct the City Manager to meet with the County Manager to explore ways that the City can be more cooperative in helping to ensure that the Perfoming Arts Center project is completed on time and within its budget. Chairman Winton: SI.11. Commissioner Gonzalez: Move SI.11. Vice Chairman Teele: Second for discussion. Chairman Winton: Yeah. Motion and -- got a motion and a second. Discussion. Commissioner Teele. Plus, I don't understand this, so -- Vice Chairman Teele: Is the Manager -- I mean, you know, this thing had some discussion, and I understand that -- I understand that the County Manager expressed some concern. I'm also aware that he's expressed concern that don't trust him, and want to say on the record that fully trust the County Manager, and I want to support Parcel B, if it's important to the County, but are we all in agreement on this? Is this something that the City Manager and the County Manager are in support of? Alicia Cuervo Schreiber (Chief of Neighborhood Services, City ofMiami): Let me make sure that the Commission has a copy of the supplemental that you're looking at. Vice Chairman Teele: But the question is, is JoeArriola, as City Administrator, and George Burgess, as City Manager of the County, are they both in agreement on this thing? Ms. Cuervo Schreiber: It's my understanding. However, the Manager has stepped away for a moment, so I'd like him to respond to that since he has been meeting with Mr. Burgess directly. Chairman Winton: But he isn't here? Ms. Cuervo Schreiber: Yes, he is. Vice Chairman Teele: Well, why don't we approve it, and if it needs to be reconsidered, we'll reconsider it. Ms. Cuervo Schreiber: I'm being told that they both are in agreement with this. Chairman Winton: OK. Vice Chairman Teele: Including the County Manager? Ms. Cuervo Schreiber: Yes. Chairman Winton: So, we have a motion and a second -- Ms. Cuervo Schreiber: However, we need to pass out the substitute item. Vice Chairman Teele: What are the differences? City ofMiami Page 28 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Alejandro Vilarello (City Attorney): I was advised that that was for a 4 o'clock time certain. Chairman Winton: What is, this? Mr. Vilarello: SI.11. Vice Chairman Teele: All right. Chairman Winton: All right. So much for that. Chairman Winton: OK, fine. Fine, and I think we also have Supplemental 11, Mr. Manager, which is the tri-party agreement, pedestrian bridge thing. Alejandro Vilarello (City Attorney): I'd like to just defer that until a little bit later, if we can? Chairman Winton: Oh, you're still -- Mr. Vilarello: There's just an issue that have to tie up with the resolution. Chairman Winton: Fine. Vice Chairman Teele: Mr. Chairman, I'm going to yield back to you, butt note the presence of Mr. Johnson. Chairman Winton: And -- Vice Chairman Teele: The distinguished Mr. Johnson, who's representing the Manager of the County on Parcel "B." Chairman Winton: Is this Parcel `B"? Unidentified Speaker: Yes, sir. Chairman Winton: OK. Vice Chairman Teele: And I don't want Mr. Johnson to go back to Mr. Burgess and say that we held him up here and took up a lot of zoning matters, so. Chairman Winton: Mr. Johnson, you're recognized, sir, or Mr. Manager. Bill Johnson: I defer to your City Manager. It's your item. Chairman Winton: Yeah. Joe Arriola (City Manager): He was a little concerned of visiting here, and I had to promise him that you guys would not beat him up too badly, which means you could still beat him up. No bruises, though. Vice Chairman Teele: Have we been invited to any County Christmas parties, by the way? Mr. Arriola: Not after today, sir. Chairman Winton: I thought the door was locked. Welcome, Mr. Johnson, also, by the way. Mr. Manager, you want to continue on with this, present the item, please, or Mr. City Attorney? City ofMiami Page 29 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Alejandro Vilarello (City Attorney): Simply, the item relieves the City and the County, Rouse and The Heat from any obligation with regard to the construction of the pedestrian bridge, and any obligation to fund or use the funding that was previously allocated for the pedestrian bridge. Further, that release is contingent on the City and the County cooperating on the joint planning of the development of the property. Chairman Winton: OK. Mr. Vilarello: This is different from what you considered last week. It simply is -- it deferred the repayment of the remediation dollars that had been preserved on that property until certain other items are provided, and there's been commitments from the County Manager to the City Manager in that regard. Chairman Winton: That we'll get that money? Mr. Arriola: As a matter of fact, we have a letter, very specific that the 2.25 minus whatever the cost of the excavation which will not exceed two hundred seventh thousand dollars ($270, 000). That's per contract. It will be given to us within the next 60 days and that the County Manager will bring to this board and a million and a half dollars will go to Parcel `B " for -- Chairman Winton: For shoring up the seawall or bay walk. Mr. Arriola: The seawall and all that. Chairman Winton: OK. Mr. Vilarello: That would be -- Vice Chairman Teele: I so move. Mr. Vilarello: That would be by separate commitment, not by this document. Chairman Winton: I understand. Vice Chairman Teele: So move. Commissioner Gonzalez: Second. Chairman Winton: Got a motion, a second. Any further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Mr. Johnson, welcome any time. Hope that was a -- Vice Chairman Teele: Mr. Chairman I -- in seriousness, in the spirit of Christmas -- Chairman Winton: You better grab your wallet. Vice Chairman Teele: No, no, no. This is a very serious issue. I noted that Mr. Johnson has been made the "czar de facto" over the Performing Arts Center, and I would like to move that the City Manager be instructed to meet with the County Manager and to explore ways that we may be cooperative in helping to ensure that the project is brought in on time and on budget, or within a budgeted amount. I would so move. City ofMiami Page 30 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion? Vice Chairman Teele: And I want to say this: Nothing is driving the redevelopment of the entire northeast corridor that we just talked about, we just approved a project in Edgewood (sic), more than the anticipation of the Performing Arts Center. It is in our best interest, the City's best interest that we get this center up, we get it built without a lot of public debate and a lot of acrimony about dollars and money, et cetera. I would only say that I think that the deal the City cut with the County and with the Performing Arts Center Trust was really not a great deal for the City. In other words -- Chairman Winton: Isn't that the deal you cut? Vice Chairman Teele: Yeah, it was a deal that -- Chairman Winton: In the County -- Vice Chairman Teele: It was a deal that I cut on the other side of the table, and I would hope that as a part of any discussions that we would look at ways that the City's role and the City involvement in the Performing Arts Trust could be enhanced. I am totally willing to work through the Manager or to respond to any recommendations, creative recommendations that the Manager may have in how we can help this. This project is a signature project for this City, and it really should not be something that we see a lot of bad press running about, you know, in terms of not having enough money to finish the job. Chairman Winton: Bill. Mr. Johnson: Chairman Winton, and to your point, Vice Chair Teele -- Chairman Winton: We need your name on the record, Bill. Mr. Johnson: Thank you. Bill Johnson, Assistant County Manager in Miami -Dade County government. I spent -- First of all, you have our absolute total commitment to work in harmony with the City; that is on this issue, and all issues. I will tell you that I spent three hours, in fact, yesterday, with your head of Planning and other City staff specifically on this issue, along with your newly appointed -- recently appointed head of DDA (Downtown Development Authority). We are committed to working with the City. We're committed to working with the CRA (Community Revitalization Agency). You have our top commitment, my commitment, the County Manager's commitment on this project to work with you, and on other projects, as well, which is the right thing to do. Commitment's there. Thank you, and I appreciate your willingness to work with us, in turn. Vice Chairman Teele: Call the question on the motion. Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. DISCUSSION ITEM SI.12 03-0340 RESOLUTION DEPARTMENT DISCUSSION CONCERNING THE LANGUAGE FOR A REFERENDUM City ofMiami Page 31 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 QUESTION RELATED TO THE MARLINS STADIUM. 03-0340 - Cover memo.pdf A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously to request the Miami -Dade Board of County Commissioners to place a county -wide referendum question before the registered electorate on the March 9, 2004 Presidential Primary ballot, that a one time one-half cent sales tax be levied for eighteen (18) months to fund the acquisition of land, if necessary, design and construction of a baseball and/or soccer stadium in the City ofMiami, provided that: (1) if the Florida Marlins Baseball Club uses the stadium, the team will be renamed as the Miami Marlins; and (2) that revenues collected will be deposited with the City ofMiami for purposes articulated herein, and (3) an agreement be approved amongst the City ofMiami, Miami -Dade County and the Florida Marlins Baseball Club. (This motion was later reconsidered.) A motion was made by Vice Chairman Teele, seconded by Commissioner Sanchez, and passed unanimously to instruct the City Attorney to draft ballot language related to the proposed baseball and/or soccer stadium after conferring with the County Mayor and Manager and Attorney and come back with said language at the Commission Meeting currently scheduled for January 8, 2003. A motion was made by Commissioner Regalado, seconded by Vice Chairman Teele, and passed unanimously to reconsider previous motion requesting Miami -Dade County to place a question on the March 2004 ballot regarding baseball/soccer stadium. Resolution (File # 03-0364) listed below passed immediately thereafter: SI.12 03-0364 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THE BOARD OF MIAMI-DADE COUNTY COMMISSIONERS TO SCHEDULE A COUNTY -WIDE REFERENDUM QUESTION BEFORE THE ELECTORATE ON MARCH 9, 2004, WHICH READS "SHALL A ONE-HALF CENT TAX BE COLLECTED FOR 18 MONTHS, EFFECTIVE 01/01/06, TO FUND DESIGN AND DEVELOPMENT, INCLUDING ACQUISITION OF LAND IF NECESSARY, OF A BASEBALL/SOCCER STADIUM IN MIAMI, PROVIDING THE FLORIDA MARLINS TEAM BE RENAMED THE MIAMI MARLINS, IF USING THE STADIUM, AND THAT REVENUES BE DEPOSITED WITH THE CITY OF MIAMI AND USED FOR THESE PURPOSES ONLY, NOT FOR ADMINISTRATIVE EXPENSES, AND CONDITIONED UPON AN AGREEMENT AMONG THE CITY, MARLINS AND MIAMI-DADE COUNTY? ( FOR THE TAX; AGAINST THE TAX)". Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1258 Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Before I leave -- we still got time, but in case -- I have something pending, which was not included in my blue page, but it was supposed to be. I think it was my fault. But it's about the direction that we gave the City Attorney regarding the Florida Marlins City ofMiami Page 32 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 and the stadium. So, whenever possible, in the next few minutes, if we can discuss that. Chairman Winton: Great, and you want to discuss that before you go, so -- Vice Chairman Teele: Do it now. Chairman Winton: Yeah, might as well. Commissioner Regalado: OK Thank you. On November 23rd, Commissioner Sanchez was on his yearly event on turkeys at the Orange Bowl, so he wasn't present, but the rest of the Commission was. There was a discussion here that the City should be part of the debate about the stadium and the Florida Marlins, and all the members agree that we needed to do something regarding the public input, so it was thought that the best way to do this would be on Presidential Primary in March because, first of all, it coincides with the start of the Florida Legislature, and also the next general election will be on August 31, 2004, the primary for County Mayor's race, five -- six district Commissioners in Dade County running for re-election; State representative, State Senators, Congressmen, Congresswoman running in the primary, so it would be a very difficult election and would politicize the issue, so the Commission, by 4/0, requested that the City Attorney bring something on this meeting, and I am proposing -- and I think I discussed that with the Mayor yesterday or the day before yesterday, I think it was, and he suggested that it should be a Countywide referendum. For that, we need the support of the Miami -Dade County Commission, so what I am proposing is a resolution of the Miami City Commission requesting to the members of the Board of County Commissioners, Miami -Dade County, to place a referendum question before the registered electors, Countywide, on the Presidential primary in March related to leaving a one-half cent sales tax for 18 month, one-time, for the purpose of funding the acquisition of land, if necessary, design and construction of a baseball and/or soccer stadium in the City ofMiami, provided that if the Florida Marlins baseball team use the stadium, the team will be renamed the Miami Marlins, and that revenues collected would be deposit with the City ofMiami for the purpose mentioned in this resolution, provided also with an agreement among the City ofMiami, Miami -Dade County and the Miami Marlins Baseball Club. There is always a will at the Dade County Commission to let the people speak. To my knowledge, in recent history, there has not been a proposal for a public vote that has been rejected by Dade County Commission. The County Commission always had agreed that the people should participate in the debate, so I am really hopeful, and I frust that the members of the County Commission will take this resolution in consideration. We could do it in the City ofMiami, but it's a Countywide issue, and the people from Hialeah, Westchester andAventura have the right to participate in this issue, so Mr. Chairman, with that, I'll move this resolution. Vice Chairman Teele: Second. Commissioner Sanchez: For the purpose -- Chairman Winton: We have a motion and second. Discussion? Yes, sir. Commissioner Sanchez. Commissioner Sanchez: Discussion, Mr. Chairman. I do agree with one thing. At the end of the day, I think the taxpayers should decide whether we want a stadium or not, or if they're willing to fund a half -cent or cent, or whatever the amount may be, and I'll tell you where I'm at on this. I have not seen a practical, nor a feasible plan yet, and we all know that to make this happen, a lot of people are going to have to sit at the table, so therefore, by letting the County take the lead -- and, of course, they would have to take the lead in the referendum because it's going to be Countywide, and after all, they were the ones that took rabbit out of the hat first on this issue. City ofMiami Page 33 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Vice Chairman Teele: I didn't hear that. Say that again. Commissioner Sanchez: They were the first one to take the rabbit out of the hat first, when they had that press conference that they came out with those numbers. Now, we've all heard about all these numbers that are being floated around, not only from the State, where they're asking for sales tax, and the County with the tourists -- TIF (Tax Increment Fund), or whatever it's called, the tax, and Miami Beach, of course, not in favor of this, but the first step is, of course, letting the voters decide whether they want to finance, through a taxation, a stadium here in Dade County, although it's going to be in Miami, but tend to agree with Commissioner on some of the other changes. Now, here's one thing. There are four things that make a stadium profitable; that is, concession, parking, advertisement and naming rights, and whatever -- if we get to this point, that we are all sitting at the table, the City should negotiate to share profits on all four of these -- on these issues. I mean -- although, I think we're very premature in this process, there will come a time that everybody's going to sit at the table. I frust this adminisfration to make this, if it does happen, you know, a good return back to the citizens and the City ofMiami. Chairman Winton: Any other -- Commissioner Teele. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Mr. Chairman, I'm -- I have some mixed emotions about this. First and foremost, I think the timing is such that we must do something now or do nothing later. I think, clearly, the results of the last referendum, particularly related to the Parking Surcharge, gives rise to the fact that the City ofMiami can restore itself and restore South Florida at this moment in time, and -- but for the last referendum, I thinkl would probably be opposed to it, butl think the public wants to see the City succeed. I think the public has the sense that the City is moving in the right direction. Like one of my colleagues said, I have confidence in this adminisfration on these matters, and I think -- while I'm not certain that the administrator is attitudinally suited for the pressures of municipal government, I certainly agree that when it comes to negotiating a big deal and a private sector kind of deal, we're very blessed to have the administration. I think that's a left-handed compliment. However, I don't frust George Burgess, whom I love very much and respect very much, in this context, because I've had -- having sat on the other side of the table, I realize that the County basically gets revenue streams -- they deal the County first, the County second, the County third and then whatever's left, they look around. Now, the transit half -cent tax and the ongoing controversy that is going to erupt into a major Florida Lottery kind of what -happened -to -the -money is going already. I mean, programs that were advertised, such as the Trolley System in Coconut Grove, that were advertised as a reason to pass the tax, are now being attempted to pull back from the County and say, "You all ought to do that on your own." I mean, so here we go with the old bait and switch, and what I'm telling you is, some kind of way, if this revenue stream is not properly secured and properly in the hands of a governmental body who will only use the money for one thing, you're going to wind up with them wanting to take a percentage off the top and pay garbage fees in this area, and -- I mean, the money is not going to go for what it's used for, so I commend Commissioner Regalado on two points. One on timing and one on control, OK, and that is, I think whatever we do needs to be done in March. I am not unmindful of the fact that the County is looking at a General Obligation Bond, and it is something I think the City should be in a position to support affirmatively and aggressively because, again, it's not a County problem. It is a Countywide problem, and what the County can do on a GO (General Obligation) Countywide is going to help the City ofMiami, and I don't think we should be parochial about it, and I want to be on record as saying, I want to support a GO Bond Countywide in November, butt will tell you this, if you wait until November to talk about the Marlins stadium, and do that both -- one's going to kill both. Either one with kill both, and neither one will have a chance, and so I want to be on the record as to why I think the timing is right. Secondarily, on that point, I think we should be City ofMiami Page 34 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 negotiating with the County on their GO, and again being aggressive in support of that, but as it relates to the Marlins stadium, two or three things that Joe Sanchez said want to respond to. One, I don't think we ought to try to negotiate any aspect of this stadium at this point in time, for a lot of reasons, including location. The location, Commissioner Regalado has said, must be in the City ofMiami, and the name must be changed to the Florida Marlins Stadium. Is that -- I mean, to the Miami Stadium from Florida Marlin, so I understand that, and thirdly, the most important issue, as far as I'm concerned, is that the money must be put in a fund reserve for the City ofMiami for the use of these funds that way, and I see no reason why the County would object to that, because the County's going to have a hundred million dollars of bed tax dollars or resort tax dollars or whatever sources they have, so now we're looking at the County has a pot, the City has a pot and everybody can go to the table negotiating. Let me tell you, colleagues, whyl think, though, that this item must go forward at this time. The March election is a Democratic Presidential primary. It will have a lot of people down here campaigning. It will have -- so it won't be something that's being snuck under the rug. In other words, they'll be a lot of people out there, but at the same time, I note specifically that most of the Hispanic community is not Democratic, and predominantly Republican, and I do think that most of the stadium support are going to be Republicans, or most of the discussions are going to be -- because I think they've done a phenomenal job in mobilizing the Hispanic community, that is, the Florida Marlins have done that, and so I think you're going to have a very good debate and a very good discussion, but also think that if this is something that the City ofMiami is proposing, you're going to see a tremendous turnout in the City, and particularly in Commissioner Sanchez, Regalado and Gonzalez districts, and I think, in that regard, if we can mobilize support, the City can perhaps influence the voters to do this. I think the vote in the City will be double that of what it will be Countywide, even though the Republican Party is not that heavy, and so I think the timing is right. I think the issue is right. I think the real question becomes how the ballot question is written, and l am not comfortable, Mr. Attorney, with us not proposing to the County the ballot question. Now I recognize, implicitly, that only the County has a right to formulate the ballot question, and I mean, that's their inherent right, unless it's done by petition, but we should give them our advice on how we want the ballot question to read, and in that regard, I'm prepared to say that if the ballot question substantially does not conform to the manner in which and conditions in which the City ofMiami is requesting that we not support it and not go forward, because I don't want to get caught up in that trick, where they take the ballot question, rewrite it, and put it substantially in a different form and then wind up not campaigning for it. We're out there campaigning for it, then we've got to go fight about who the money belongs to and where the money's going to go. Because, candidly, once the tax is passed, you can build it in Flagami, or you could build it in Kendall, or you could do it anywhere you want to, and everything gets on the table, so I'm supporting it under the conditions that have been outlined and enumerated by Commissioner Regalado, and that is, that the conditions that he has put into it, that the Marlins change the name from Florida to Miami, that the location of the stadium -- that the funds can only be used if the location of the stadium is in Miami, and that the funds collected must be deposited in an account with the City ofMiami solely for the uses of that, without any administrative charges or overhead charges by either the City or the County. I mean, we've got to make sure that none of this money goes to pay the salaries of some new coordinator or stadiums, like they did in the County on the transit thing, you know, and get into all of that, and I think we've just got to put the cards on the table. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Commissioner Regalado wanted to say something, then I'll come to you, Commissioner Sanchez. Commissioner Regalado: Just to follow up. Why I think that we should ask, plead with our colleagues in the County Commission to place this in the March Presidential ballot, they do not have anymore meetings in December. I think that the next Commission meeting of the County is on January 23rd, but still there is time to get it on the ballot on the March Presidential primary. City ofMiami Page 35 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Some people, even some in the media, wrote and reported, after the election in the City ofMiami last November, that this was a very quiet, unknown election, with only nine percent of the voters, and that's why, you know, we chose that election to place all these things about salaries and surcharge and all that, which is not true, because the City Commission did that long before people had the time limit to register and run against Johnny, Angel or myself so that's not a point, but it came across. The March Presidential election will be one of the most publicized elections in recent years here, for one reason. You've got more than eight potential Democratic Presidential candidates that will be in Florida. President Clinton will be -- Vice Chairman Teele: It'll be five (INAUDIBLE). Commissioner Regalado: You know, will be here -- well, it'll be five of them, but maybe so. You know, you're going to have all the big guns of the Democratic Party and they're all going to attract media, and the media is going to say they're here because of the March Presidential election, and Commissioner Teele is so right. According to figures, the majority of the Hispanic voters throughout Dade County are Republican registered, and they will be interested in giving their input in this election. Up to now, the only thing that the people of Dade County knows about this stadium is that the Mayors are talking with the Marlins, that some people are talking with the Marlins, elected officials, and nonelected officials, and up to now the people have not spoken. The people should speak, and I just hope that our colleagues in the County Commission will understand this and place this on the March ballot. Commissioner Sanchez: Commissioner Sanchez. Commissioner Sanchez: On a point that Commissioner Teele pointed out, I think it's very important -- and we have no control over the language in the referendum on the County side. Now, how could we assure that we would have -- I mean, if they write the language, which is less than 75 words, then we would vote here whether we support it or not. Commissioner Teele, maybe you could elaborate a little bit on that, on the language of the referendum, which is very - - you know, it all depends on how you write the referendum, where it's self-explanatory and whether it, you know, has -- whether it's approved or not approved. One important factor is that, although we have no control over the language, that we either agree or disagree with that language. Once the County writes the language on the referendum, would we approve that -- the language? Vice Chairman Teele: No. We have no -- What we can do is, we can request, like any other municipality or any other group of people, may request -- and those organizations that are sophisticated, like the Public Health Trust, which is probably the most sophisticated, they always submit the language exactly like they wanted it. I mean, now, in the case of the Public Health Trust -- because, God bless him, Joe Gersten was sort of the godfather of their language -- we adopted every word, including words like mammograms, and breast cancer and all those kinds of things that were designed and polled to create the kind of results, but the fact of the matter is is that we have the right to request the language -- we have the obligation, I believe, to request the language, and I think we should a have a separate resolution that says, if the language is not to our satisfaction, then we will, you know, no longer support it, and let me tell you something. This thing is not going to pass if the City ofMiami, starting with Mayor Manny Diaz, and in particular Tomas Regalado, and Joe Sanchez, and Angel Gonzalez don't go out and support it. Yes, not say, '7'm for it," and then go on a cruise, but support it, and because of that, we can control the -- I believe the City ofMiami can control the outcome of this election. I think there's a tremendous sense of spirit that is in the Hispanic community, largely because of the team and the way the team was put together. I think there is overwhelming support for it right now, and I think if our elected leaders say we're not supporting this because we don't know how this is going to come out, it's going to fail. Commissioner Sanchez: But what want to make sure is that, you know, many times here in City ofMiami Page 36 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 referendums, you've seen that 'yes" means "no, " and a "no" means "yes," and I don't want to be a part of that, OK, so I'm prepared -- you know, in supporting the first step, which I think is clearly asking the voters to vote on this issue. At the end of the day, that was going to happen no matter what, but to go out and support it, I mean, I'm not prepared to do that now because basically, there is no solid plan. I mean, I haven't -- there's a lot of rumors, and a lot of innuendos and a lot of dog and pony shows out there on how the money's going to come through, but really no one's really sat at the table. At least, I have not been informed, and I have not met with anybody. Vice Chairman Teele: Well, Joe, let me give you this sense of confidence. Two things can happen on that. Number one, the referendum can be written in a way that it triggers a year from now. In other words, you pass the referendum now, OK, and you can trigger it, that is, the collection. Commissioner Sanchez: Pending the language of that referendum. Vice Chairman Teele: The language in the referendum can set the trigger date. In other words, it doesn't have to be collected -- the State law limits when you collect it, but instead of saying it's going to be collected October 1 or January 1 coming, it could be collected January 1, '06, OK, for that year. Because once you have the revenue stream, you know, you have the money. I mean, once you pass the referendum, you have the money. Now, let's suppose we never get a deal. Then you go back and you repeal it. It's an ordinance. You see, it's simply an ordinance. You repeal it, so it never gets collected, so, in effect, the referendum that is being proposed does two things. It says yes or no, you want it, and if we're saying yes, we want it, we collect it, but you put the trigger date far enough out there that if no deal can be put together, you never collect it. Commissioner Sanchez: That's fine. But I think -- at least -- and I speak for myself here -- is that we should have -- either when the language is done at the County, we should have a vote here where we either support it or we don't support that language. Vice Chairman Teele: I agree. I fully agree, and I'm prepared to say that I'm not going to support anything that puts us in the same position that the County's in right now with the half -cent sales tax, where the money gets put in some County account, and before you know it, there's a coordinator for the stadium, and there's this, that and the other, and when you get around to it, there's no money. The County, nor the City, nor the City Manager can take one cent of this money and pay staff or pay support, or pay analysis, or pay consultants. This is going to be exactly what it says, to buy land, to design and build a stadium, period. Commissioner Regalado: We can do that in a separate resolution. Chairman Winton: Other discussion on this resolution? Anyone else? Did we get a motion and a second? Commissioner Regalado: Yes. Chairman Winton: We do? We have a motion and a second? Commissioner Regalado: It was second by Commissioner Gonzalez. Chairman Winton: Any further discussion? All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. City ofMiami Page 37 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Vice Chairman Teele: Mr. Chairman, I would move that the Attorney be instructed to produce the ballot language, after conferring with the County, the Mayor, Manager and County Mayor, Manager and Attorneys at the meeting scheduled for -- when is it, January -- when is our next meeting? Commissioner Regalado: 23rd. January 23rd. Vice Chairman Teele: When is our next meeting? Priscilla A. Thompson (City Clerk): January 8th. Commissioner Regalado: No. County -- Mr. Vilarello: January 8th. Vice Chairman Teele: Ours, ours. Ms. Thompson: January 8th. Commissioner Regalado: 8th. Vice Chairman Teele: For the January 8th meeting. That is the ballot language for our ratification and approval. Commissioner Sanchez: But this -- it's a suggestion. I mean, you can't tell the County what to do. Chairman Winton: Right, it's a suggestion. Vice Chairman Teele: It's a suggestion. Commissioner Regalado: It's a suggestion. Chairman Winton: But it'll be -- but it's also a suggestion working directly with the County to develop that language, so, I think that's a good approach. Commissioner Sanchez: Was there a second on it? Chairman Winton: OK. Any further discussion on the motion? Commissioner Sanchez: Was there a second on that motion? Ms. Thompson: No, there was not. Commissioner Regalado: Second. Commissioner Sanchez: I'll second the -- Chairman Winton: Got a motion and a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. City ofMiami Page 38 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 Chairman Winton: Next item is going to be on the discussion we had this morning on the half -penny sales tax, and, apparently, we're being asked -- Commissioner Regalado: Yeah. Mr. Chairman, I was advised by the City Attorney that need to present a motion to reconsider the first resolution -- the one in the morning -- so we can vote on this one, which is already complete with possible language, and we have to send just one to the County, and not two. Vice Chairman Teele: Second the motion to reconsider Chairman Winton: Got a motion and second. Discussion. Being none -- Commissioner Regalado: I have a motion to reconsider a resolution regarding the Marlins referendum. Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Commissioner Regalado: Now, my motion now, Mr. Chairman, is a resolution of the Miami City Commission requesting the Board ofMiami-Dade County Commissioners to schedule a Countywide referendum question before the electorate on March 9, 2004, which reads, "Shall a one-half cent tax be collected for eighteen months, effective January the first of the year 2006, to fund design and development, including acquisition of land, if necessary, of a baseball/soccer stadium in Miami, providing the Florida Marlins team be renamed the Miami Marlins, if using the stadium, and that revenues be deposited with the City ofMiami and used for these purposes only, not for administrative expenses and conditioned upon an agreement among the City, Marlins and Miami -Dade County?" Chairman Winton: Is that your motion? Commissioner Sanchez: I'd like one amendment. Commissioner Regalado: Yes, sir. OK. Commissioner Sanchez: To have Commissioner Regalado (INAUDIBLE) Commissioner Regalado: Huh? Chairman Winton: OK. We have a motion. Need a second. Commissioner Regalado: My arm is -- Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Again, I think this may be a difficult sell, not just to the voters but to the City ofMiami Page 39 Printed on 11/8/2006 City Commission Meeting Minutes December 18, 2003 County. I don't know where the County Commissioners are on this, but I do think that if we think this is something that is going to benefit the City, it's really going to be incumbent upon the Manager and the Commissioners to have people to call the County Commissioners at the time this is put on the agenda for discussion to encourage them to have a vote on it. I also would like to say that I would like to clarify with Commissioner Regalado that the intent of this is a baseball stadium, and I noted the word "soccer" -- and/or soccer. I just think that it's good because the Haitian community, the Brazilian community will see soccer -- Commissioner Sanchez: The Latin America and Central America. Vice Chairman Teele: -- the Central American and Latin America -- but the intent of this is a Marlins stadium, and I want to make sure that that's your intent. Commissioner Regalado: Yeah, of course. Vice Chairman Teele: OK Commissioner Regalado: Because it reaches all the communities. Commissioner Sanchez: But this is just a recommendation to the County. Commissioner Regalado: Yeah. Commissioner Sanchez: I mean, once the County gets it, they're going to do whatever -- they're going to do what they want to do with the language. That was why I was concerned to make sure if we're going to put a hundred percent effort behind it and support it, we want to agree with the language. This is like a blueprint for them to write the language that they're going to put out for the voters Countywide. Chairman Winton: Any further discussion? All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. The motion carries. City ofMiami Page 40 Printed on 11/8/2006