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City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, March 19, 2009 9:00 AM SPECIAL MEETING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence-Jones, Vice-Chair Angel González, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie O Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes March 19, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner González, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence-Jones On the 19th day of March 2009, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in special session. The meeting was called to order by Chair Sanchez at 9:47 a.m. and adjourned at 3:14 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk Chair Sanchez: Good morning, ladies and gentlemen. The City of Miami special meeting pertaining to the ballpark is being called to order. I want to take this opportunity to welcome all of you. This meeting has been properly advertised for March 19, 209 [sic]. It's being held here at City Hall in our historic chambers. The members of the City Commission are Michelle Spence-Jones, the Vice Chair, Tomas Regalado, Angel González, Marc David Sarnoff, and me, Joe Sanchez, as your Chair. Also on the dais we have City Manager Pete Hernandez, the City Attorney, Julie O. Bru, and our City Clerk, Priscilla A. Thompson. The meeting will be opened by a prayer by our City Clerk, followed by the pledge of allegiance by Commissioner González. Invocation and pledge of allegiance delivered. ORDER OF THE DAY Chair Sanchez: We will now begin the special meeting. Madam City Attorney, read the procedures to be followed into the records [sic], please. Julie O. Bru (City Attorney): Good morning, Mr. Chairman, members of the Commission, Mr. Manager, Madam City Clerk, and members of the public. This is a special meeting of the City Commission. We're here to consider only items that are on the agenda, and the items include agreements related to the stadium for the Marlins and an amendment to the interlocal agreement with Miami-Dade County related to the amount of convention development tax funds the County will pay to the City of Miami in connection with the development of the parking facilities on the former Orange Bowl site. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission today. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item on this agenda is available during business hours and at the City Clerk's office and online. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of this meeting. No cell phones or other noise-making devices -- please silence those now. Any person who -- with a disability who requires auxiliary aids and services for this meeting, please notify the City Clerk. And the sergeant at arms has asked me to please remind everyone to keep the aisles clear. It is a fire safety requirement. Chair Sanchez: Once again, under our City Charter, the Mayor has the authority to call a special meeting, which he has. It is a public advertised meeting. We had a meeting on February 13, 209 [sic] pertaining to the baseball. At that time, we had 44 speakers who spoke. The meeting was opened and closed. At this time, we will open up to the public for additional comments once again. We do ask that the 44 speakers who spoke at the last meeting, we will incorporate those comments that were made on February 13 into the record today, Madam Clerk. So at this time, there are three items that have been properly advertised. We have SP.1, which is the executive stadium agreement; SP.2, which is the waiver of bidding Marlins City of Miami Page 2 Printed on 4/10/2009 City Commission Meeting Minutes March 19, 2009 ballpark; and SP.3, which is the interlocal agreement, MSEA (Miami Sports & Exhibition Authority). Those are the items that have been properly advertised. SP.1 09-00132 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOLLOWING STADIUM AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS HERETO, AS EXHIBITS "A" THROUGH "E", RESPECTIVELY, RELATING TO THE DEVELOPMENT, CONSTRUCTION AND OPERATION OF A NEW BASEBALL STADIUM FOR THE FLORIDA MARLINS, AND RELATED PARKING FACILITIES, AS CONTEMPLATED IN THE BASEBALL STADIUM AGREEMENT DATED MARCH 3, 2008, APPROVED BY THE CITY COMMISSION PURSUANT TO RESOLUTION NO. 08-0089, ADOPTED FEBRUARY 21, 2008: 1.CONSTRUCTION ADMINISTRATION AGREEMENT AMONG MIAMI-DADE COUNTY ("COUNTY"); THE CITY OF MIAMI ("CITY") AND MARLINS STADIUM; DEVELOPER, LLC, A DELAWARE LIMITED LIABILITY COMPANY (EXHIBIT "A") 2.OPERATING AGREEMENT AMONG THE COUNTY, THE CITY AND MARLINS STADIUM OPERATOR, LLC, A DELAWARE LIMITED LIABILITY COMPANY (EXHIBIT "B"); 3.CITY PARKING AGREEMENT AMONG THE CITY, THE COUNTY AND MARLINS STADIUM OPERATOR, LLC, A DELAWARE LIMITED LIABILITY COMPANY (EXHIBIT "C"); 4.ASSURANCE AGREEMENT AMONG THE COUNTY, THE CITY AND FLORIDA MARLINS, L.P., A DELAWARE LIMITED PARTNERSHIP (EXHIBIT "D"); AND 5.NON-RELOCATION AGREEMENT AMONG THE COUNTY, THE CITY AND FLORIDA MARLINS, L.P., A DELAWARE LIMITED PARTNERSHIP (EXHIBIT "E"); FURTHER AUTHORIZING THE CITY MANAGER AND/OR THE CITY MANAGER'S DESIGNEE TO EXECUTE SUCH OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO TAKE SUCH OTHER ACTIONS, AS MORE PARTICULARLY REQUIRED OR PERMITTED IN THE STADIUM AGREEMENTS. City of Miami Page 3 Printed on 4/10/2009 City Commission Meeting Minutes March 19, 2009 09-00132 Summary Form .pdf 09-00132 Legislation.pdf 09-00132 Exhibit 1.pdf 09-00132 Exhibit 2.pdf 09-00132 Exhibit 3.pdf 09-00132 Exhibit 4.pdf 09-00132 Exhibit 5.pdf 09-00132-Submittal-City Attorney (1).pdf 09-00132-Submittal-City Attorney (2).pdf 09-00132-Submittal-City Attorney (3).pdf 09-00132-Submittal-Commissioner Spence-Jones.pdf 09-00132-Submittal-Frank Del Vecchio.pdf Motion by Chair Sanchez, seconded by Commissioner González, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner González, Sanchez and Spence-Jones Noes: 2 - Commissioner Sarnoff and Regalado R-09-0130 Note for the Record: The comments on item SP.1 of the Special Commission Meeting of February 13, 2009 were incorporated into the discussion of item SP.1 of the Special Commission Meeting of March 19, 2009. Direction by Vice Chair Spence-Jones to the City Manager to work with all five Commissioners' offices and the unions to establish a training or trades-based center in all five districts or target three districts for a pilot program. Direction by Vice Chair Spence-Jones to the City Manager to transmit a provision to the contract to Miami-Dade County that would protect the City's assets in relation to the H2-B Visa program issues. Direction by Vice Chair Spence-Jones to the City Manager to ensure that there is an independent agency or individual in place to monitor compliances with the established goals. Direction by Vice Chair Spence-Jones to the City Manager to create a separate trust fund for the City of Miami for small businesses and youth-based programs in the City of Miami. Chair Sanchez: At this time, what I'd like to do is turn it over to the City Manager to get us up-to-date as to what are the amendments that have been presented on this agreement. At this time, Mr. City Manager, you're recognized for the record. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, good morning. As you know, since February 13, when this item was previously before you, there was a lot of participation by the public. There was a lot of discussion. The meeting was continued to another date. It was changed a few times and is before you properly today. During the last five weeks, this Administration has been working with the County and the Team; has been listening to the public comment, has been listening to your specific concerns, and we're ready today to propose modifications to the original agreements for baseball that were presented on February 13. I consider these initiatives that are the result of the work of the County, the City, and the Team, but specifically, initiatives that are supported by the administration of the County and the administration of the City. The modifications fall in four areas. I would say the number-one area is probably the most significant and is the one that deals with jobs and jobs and the creation of jobs, also the emphasis on providing opportunity to small businesses. The second component deals with the parking agreement, the third one deals with community benefits, and City of Miami Page 4 Printed on 4/10/2009 City Commission Meeting Minutes March 19, 2009 the last one deals with contributions by the Team. So I'm going to go by those components. And you have before you the latest version of all the amendments. I'm not reading the whole document but I'm going to highlight from the different areas the most significant elements.
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