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HomeMy WebLinkAboutCC 2010-09-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 23, 2010 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn 11, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes September 23, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. [Later...J'fefers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 8:30 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 10-01120 PRESENTATION Honoree Presenter Protocol Item Bicycle Action Committee Chairman Sarnoff Commendations Richard A. Cahlin Collin Worth 10-01120 Protocol.pdf PRESENTED Chair Sarnofff. We will now make the presentations and the protocol items. Presentations made. Chair Sarnoff honored Richard A. Cahlin and Collin Worth as Outstanding Citizens for their meritorious work on the Bicycle Action Committee to make Miami a bicycle friendly City, and conferred special recognition for their significant leadership and creativity in the design, production, funding, and selling of jerseys and riding pants to support the work of the Bicycle Action Committee. Commissioner Suarez saluted the 2010 Bryan Park State Tennis Champions, honoring their countless hours of training, commitment to physical excellence, and team spirit, in addition to congratulating them on their outstanding achievement which has brought distinction to our community. Commissioner Dunn presented Certificates of Appreciation to members of the Circle of Brotherhood Task Force for their loyalty and critical assistance, and further honored them as being an inspiring example in support of important neighborhood partnerships and institutional collaborations. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gort, Chairman Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 23rd day of September 2010, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sarnoff at 9:37 a.m., recessed at 12: 42 p.m., reconvened at 2: 47 p.m., and adjourned at 5:14 p.m. Note for the record: Vice Chair Carollo entered the chambers at 9: 41 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Priscilla A. Thompson, City Clerk Pamela L. Latimore, Assistant City Clerk Chair Sarnofff. I want to welcome everybody to the September 23, 2010 meeting of the City of City ofMiami Page 3 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Miami Commission in these historic chambers. The members of the City Commission are Frank Carollo, the Vice Chair, Francis Suarez, W fredo Gort, Reverend Richard P. Dunn, and myself, Marc David Sarnoff, the Chair. Also on the dais are Carlos A. Migoya, the City Manager; Julie O. Bru, the City Attorney; and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by myself and the pledge of allegiance by Commissioner Suarez. Invocation and pledge of allegiance delivered. MAYORAL VETOES NO MAYORAL VETOES Chair Sarnoff Madam Clerk, are there any mayoral vetoes? Priscilla A. Thompson (City Clerk): There are none, sir. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Suarez, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff And do we have some minutes we need to approve? Priscilla A. Thompson (City Clerk): We do. Chair Sarnoff Can you state the minutes. Ms. Thompson: The meeting minutes that need to be approved would be the special meeting of August 31, 2010. Commissioner Suarez: So move. Chair Sarnoff We have a motion -- Commissioner Dunn: Second. Chair Sarnoff -- by Commissioner Suarez, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. Chair Sarnoff Thank you, Madam Clerk. END OF APPROVING MINUTES ORDER OF THE DAY Chair Sarnoff We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Madam City Clerk, Mr. Manager, members of the public. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. Any person -- okay, hold on. This is for the P & City ofMiami Page 4 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Z (Planning & Zoning). Anyone who wishes to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones, beepers, or other noise -making devices. Please silence them now. If anybody becomes offensive or unruly, you will be barred from attending any Commission meetings. If you need any aids -- auxiliary aids with respect to a disability, please let the Clerk know. The P&Z items will begin after 10 o'clock. It's almost 10 o'clock, so we're ready to start the regular Commission meeting now. Chair Sarnoff. All right. [Later...] Chair Sarnoff. And since it appears to be 10 o'clock, can we announce, Mr. Manager, any deferrals, continuances that you wish to have regarding the supplemental agenda, as well as the P & Z (Planning & Zoning) agenda on Thursday, September 23? Carlos A. Migoya (City Manager): Yes, sir. We would like to defer to October 14 SR.1. Chair Sarnoff All right. Anything else you want to --? Mr. Migoya: There's a few more. We'd like to defer to October 28 SI.2, SI.4, and PZ.12. And we would like to withdraw SI.1, PH.1, and PZ. 11. Chair Sarnoff. All right. Anything else? Mr. Migoya: That's it. Chair Sarnoff. That's for the regular agenda, am I correct? Mr. Migoya: That's correct, sir. Chair Sarnoff. Do you wish to do anything with the supplemental agenda? Vice Chair Carollo: I think -- Mr. Chairman, I'm sorry -- he did, and I also heard him say PZs, so if that's the case, I'm going to, you know, mention a couple PZ items I wish to have deferred. Chair Sarnoff. Go ahead. Vice Chair Carollo: And before we take the vote, if we could just run through all of them again just to make sure. And my PZ items that would like to defer would be PZ -- let me -- as a matter of fact, let me go back to it. Let me just vernj, in my agenda. Mr. Migoya: On the supplemental, we did three. It was SI.1, 2, and 4 that we did -- take some action on. Chair Sarnoff. I apologize. So SI (Supplemental) -- go ahead, Madam Clerk. Priscilla A. Thompson (City Clerk): Would you like for me to read the list? Chair Sarnoff Could you. Ms. Thompson: Okay. According to the Manager, he will be deferring to October 14 SR. 1; October 28, SI, which is your supplemental agenda, 2, SI.4, which is your supplemental, PZ.12; withdrawing -from your supplemental agenda SI.1, PH.1, PZ. 11. City ofMiami Page 5 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoff And now we're going to wait for Commissioner Carollo on his -- Vice Chair Carollo: Yeah. I'm ready. Chair Sarnoff Go ahead. Vice Chair Carollo: I want to defer PZ.13, PZ.14, and PZ.15. Ms. Thompson: Do we have a date? Vice Chair Carollo: Actually, you know what, I'd like to continue it. Ms. Thompson: Continue it. So that'll be the next PZ meeting agenda. Vice Chair Carollo: Exactly. Ms. Thompson: Thank you. Vice Chair Carollo: So -- and again, that's PZ.13, 14, and 15 are continued. Chair Sarnoff All right. Ms. Thompson: Thank you. Chair Sarnoff Do we have a motion? Commissioner Dunn: So move. Commissioner Suarez: Second. Chair Sarnoff You're standing up there. Ms. Thompson: I'm sorry. Mike. Tucker Gibbs: Tucker Gibbs, representing the appellants on PZ.13. We'd like to ask if we could get a time certain. This is going to be quite a hearing, and we'd like to -- and a lot of people who are residents and people who are working, if we have a time, let's say 5 o'clock, we'd be able to accommodate them, if possible. Chair Sarnoff It's up to -- it's Commissioner Carollo's district, so I'll defer to him on that. Vice Chair Carollo: It's my understanding that in -- that the Chairman has -- that it's within your purview to do that, andl don't think we need to set it right now; maybe in the near future. You know, we've got a month, so maybe within, you know, the two weeks prior, so forth, maybe -- you know, it -- Mr. Gibbs: That's fine. Vice Chair Carollo: -- could be discussed. Maybe I'll send a e-mail (electronic) to the Manager requesting such time or so forth, but -- in other words, what I'm saying is I don't think it needs to be set right now. Mr. Gibbs: That's fine. Thank you. Chair Sarnoff Could ask a question? How long do you anticipate the presentations and --? City ofMiami Page 6 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Mr. Gibbs: Well, there are three lawyers involved. Gilberto Pastoriza: Gil Pastoriza, 2525 Ponce De Leon. Chair Sarnoff. And you guys get paid by the word, right? Mr. Pastoriza: Yes. As you know, there are two appellants, two different appellants, so I guess we can probably combine both appeals into one hearing. We could do that to save a little bit of time, but I know that they got a set of experts; we have set of experts. We're trying to get together. We've gotten together a couple of times, and we're trying to -- we're going to get together one more time. There are some things that we're doing. Hopefully, we can come to some sort of middle of the road here. If not -- Chair Sarnoff. But if it goes -- Mr. Pastoriza: -- couple of hours. Chair Sarnoff. -- full-blown hearing, I'm feeling like -- is this a three-hour hearing? Mr. Pastoriza: Yeah, couple of hours. Mr. Gibbs: Yeah. It's probably three hours. Chair Sarnoff And the only thing I'll put to the Vice Chair is if he wants to calla special meeting on this, as opposed to combining it with -- No? Okay. Vice Chair Carollo: No. I think we should do it as a regular meeting, as we always do. I don't want to start setting precedence that, you know, in certain cases we do a special Commission meeting. I think we'll have a special Commission meeting every day of the month, so I don't want to start setting precedence. The only thing that I do, you know, want to suggest that I have in the past is, you know, please, dialogue is very important. Please, discuss within you all and see if we could come up with some type of compromise. Commissioner Gort: Yeah. Vice Chair Carollo: Thank you. Mr. Pastoriza: Yes, sir. Thank you. Chair Sarnoff. All right. Mr. Gibbs: Thank you. Chair Sarnoff. So we have a motion and we have a second. Any further discussion, gentlemen? Vice Chair Carollo: Mr. Chairman -- and I'm sorry -- can we just go down the list one more time, Madam City Clerk, just to verify -- Ms. Thompson: Sure. Vice Chair Carollo: -- all the deferrals and the continuances? Ms. Thompson: Sure. City ofMiami Page 7 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Vice Chair Carollo: There's a lot. Ms. Thompson: Okay. Continued -- I'm sorry, deferred to 10/14/10 is your SR.1; then continued to 10/28/10, SI, which is a supplemental agenda, item 2; SI, once again your supplemental agenda, 4; and PZ.12, okay. Vice Chair Carollo: And I'm sorry; I didn't get the SI number. Ms. Thompson: SI.2 -- Vice Chair Carollo: 2. Ms. Thompson: -- and SI.4. Vice Chair Carollo: SI.2 and 4. And that is to the 28th? Ms. Thompson: That's 10/28, okay. Vice Chair Carollo: Okay. Ms. Thompson: Now withdrawn, SI. 1, which is your supplemental agenda; PH, your public hearing, 1; andPZ.11. Vice Chair Carollo: So PH.1 is withdrawn? Ms. Thompson: Correct. So is SI.1 and PZ. 11. And then continuing, which means 10/28/10 for the PZ, PZ.13, PZ.14, andPZ.15. Vice Chair Carollo: There's still a lot to do. Chair Sarnoff All right. So we have a motion and we have a second. Any further discussion? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. [Later..] Chair Sarnoff Let's take a -- Mr. Migoya: Mr. Chair, you said -- remember, we'll have -- we have one tabled item from the regular item this afternoon, which is SI.3, the budget appropriations. Vice Chair Carollo: After lunch. Chair Sarnoff Right. Mr. Migoya: So if we could deal with that first and then go to the PZ (Planning & Zoning), then that would work. Chair Sarnoff I have a very hard 5 o'clock time that I'll be leaving, so I think we can get through this. Why don't we come back 2:30? 2:30 is going to be as -- that's -- 2:30. 2:30? Vice Chair Carollo: Yeah. City ofMiami Page 8 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoff Yeah? Vice Chair Carollo: I don't have a problem. Whatever you all -- Chair Sarnoff All right, 2: 30. We're going to have to work pretty fast, gentlemen, after 2: 30. Okay. CONSENT AGENDA CA.1 RESOLUTION 10-01013 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF STATE ROAD 7/US-441/NORTHWEST 7TH AND 8TH AVENUES, FROM NORTHWEST 3RD STREET TO NORTHWEST 8TH STREET, MIAMI, FLORIDA, AS STATED HEREIN. 10-01013 Summary Form.pdf 10-01013 Legislation.pdf 10-01013 Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Dunn II R-10-0406 Direction by Commissioner Gort to the Administration to look into whether or not sponsorship by the private sector could be used to assist with the beautification of roadways. Chair Sarnoff I think the Vice Chair wants to hear CA.1. Carlos A. Migoya (City Manager): Mr. Chair. Chair Sarnoff Yes, sir. Mr. Migoya: I -- this is not part of my (UNINTELLIGIBLE), but I think you guys got a first and a second on CA.4 and 5 but you didn't vote on it because you jumped into 11. Chair Sarnoff CA.4 and CA.5 were approved. Priscilla A. Thompson (City Clerk): Yes. Mr. Migoya: You did? Ms. Thompson: Yes. Chair Sarnoff Yeah. Ms. Thompson: According -- City ofMiami Page 9 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Mr. Migoya: Sony. I didn't hear the vote. I just heard the -- okay. Ms. Thompson: According to our records, yes, they did. Thank you. Chair Sarnoff. I like having these triple backups. CA.1, the Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. CA.1 and CA.2 is something that has come up before us in the past and every time it comes up before us, I mention the same thing. It appears we are in some type of agreement or we get into some type of agreement with FDOT (Florida Department of Transportation) or maybe some other organization. I think it's basically FDOT where they provide some greenery or do some type of beautification. However, then, in turn, we have to maintain it in perpetuity. Commissioner Gort: Right. Vice Chair Carollo: And it seems to me like last year, it was quite a few thousand. It was 25,000 here, 35,000 there. Now we're continuing where CA.1 is going to cost us approximately -- and these are the numbers from the Administration -- $10,000 in perpetuity every year, and then CA.2 is going to cost us 15,000 in perpetuity for every year, 15,000 a year. So we're talking an additional 25,000 a year. Now, if we're trying to cut back, I don't see how we can continue to, you know, be in these binding contracts. I asked for, you know, the contract plans to see exactly what FDOT's going to be providing or going to be doing. I'm not an architect. I mean, I see circles and so forth andl could make out, more or less, are trees, but I'm not an architect. Andl just don't know if we can continue to, you know, keep funding this in perpetuity constitute. Commissioner Gort: I'd like to add -- Chair Sarnoff. Commissioner Gort. Commissioner Gort: -- I read the contract also, and we have some major penalty if we're not in compliance. They send inspectors to come down and they look at it. If they're not in agreement with what we doing, we can get penalized because they go ahead and do their own maintenance and they will bill the City. So I think we need to know if it's worth the City to -- those contracts, what are the -- DOT's putting in and how much we're putting in. Mr. Migoya: Mr. Chair -- Commissioner Gort: I think that's what we need to know. Mr. Migoya: -- historically, what's happened is, FDOT has not actually done the road works and we've come -- and the agreement is that we have done the continued maintenance. So we have two choices. We either -- FDOT does the maintenance or we don't do any improvements. Vice Chair Carollo: Or the improvement comes from our street bond dollars, which I think is what was the intention of it. Nzeribe Ihekwaba: May I comment? Zerry Ihekwaba, Public Works director. CA.1 is essentially landscape improvements, and that was requested by the City in 2007. FDOT has completed all the construction work since July 1 of 2010, and the warranty period ends on July 2011. The City is obligated based on the commitments made prior to the construction to maintain the improvements. These are essentially landscape. This fiscal year is going to be minimal, almost come close to zero because the warranty is going to end in July of next year. So there's no fiscal impact in this current fiscal year, more or less. CA.2 is currently pending construction. Construction is scheduled to start in March 2011. I don't see any fiscal impacts in City ofMiami Page 10 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 current fis -- in next fiscal year '11 up until March -- September 2012. So in the next fiscal year, it's close to zero impact on the City. Vice Chair Carollo: However, for the following year, is when we start the 15 plus the 10, 25,000. Mr. Ihekwaba: Exactly. Yes. Vice Chair Carollo: So, I mean, in all fairness, yes, okay, we won't see it this fiscal year, but in the future, we will. And in CA.1, it's not road improvement. It's actually beautification. It's landscaping. Mr. Ihekwaba: Exactly. Vice Chair Carollo: So I'm wondering, shoot, you know what? Instead of getting into some binding agreement where we have to pay, you know, in maintenance approximately 10,000 a year, why don't we do our own landscaping and, you know, our Parks Department or so forth where, you know, yeah, we could provide the maintenance, but we're not binded [sic] by that, where if we don't do it -- some maintenance or, you know, we're a little slow one month or so, we don't get fined by FDOT. Mr. Ihekwaba: Let me comment here. These are FDOT's states right-of-ways [sic]. If the City chooses to do the improvements, you are actually subject to their permit conditions. We are obligated to maintain it or they will maintain it at their own cost and they'll bill the City. Vice Chair Carollo: And charge us anyway. Mr. Ihekwaba: And charge us back. So either way, we have to -- unless we choose not to beauttn, the City anymore. Commissioner Gort: To do an improvement. Mr. Ihekwaba: That's the only way we can get out of this. Let the City be all concretes, no beautification, no green. Chair Sarnoff See, the problem becomes that FDOT has a standard and their standard is not a City standard. Mr. Ihekwaba: Exactly. Commissioner Gort: Right. Chair Sarnoff Their standard is move the car the most efficient way up and down the street and that's concrete. And unfortunately, a number of our roads in the City ofMiami -- it's like a mosaic. Everybody knows it. We have FDOT roads, we have County roads -- Mr. Ihekwaba: County. Chair Sarnoff -- and we have City -- Mr. Ihekwaba: City. Chair Sarnoff -- roads. And unfortunately, the major arteries -- or fortunately, the major arteries are FDOT roads and -- City ofMiami Page 11 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Vice Chair Carollo: And -- Chair Sarnoff The change needs to occur at Tallahassee. I hear what you're saying, but -- because when they come through a city, they need to respect that city in terms of speed. Maybe the best thing is not that FDOT movement of cars the most important thing; maybe they start recognizing pedestrians equally. You don't just put a piece of concrete up and down Biscayne Boulevard or Northwest 8th Street -- 8th Avenue because it's a city and people live there and they're around it, but -- Mr. Migoya: Mr. Chair, can I -- I'd like to get a clari -- point of clarification from a philosophical standpoint. If we understand that philosophically FDOT is going to expect the cities, the municipalities to maintain the landscaping, what we're talking about here -- andl think what the Commissioner was saying -- is how we can make sure that we maintain it efficiently and at the same time maintain a certain level of standard that's acceptable to the City ofMiami and FDOT So this doesn't mean that we have to go hire a third party. This may mean that we have our own organization doing some of the maintenance of this beautification and so forth. 'Cause at here we're not talking about -- we're putting an estimate dollar amount not necessarily who's going to do the work, if that's what I'm hearing the Vice Chair say. Vice Chair Carollo: I mean -- Commissioner Gort: He's trying to save money. Vice Chair Carollo: Listen -- exactly, the bottom line is I'm trying to save money. It's my understanding this is being accounted for under other contractual services in Public Works. And we're scheduled for $2.5 million expenditure for the next fiscal year, so that was one of the ones that spoke to, you know, Zerry about, andl said whoa, what's in that two -- other contractual services? What's in that 2.5 million, you know, that we're spending on. And we went over, you know, many of these projects and so forth. So it starts adding up. And you know, I've been voicing this from the past. And l just see that every year we increase it and increase it and increase it. And I'm saying whoa, 10,000 here, 15,000 here. I remember the last time, you know, assistant director -- Assistant City Manager Martinez was in front of us and it was a 25,000 and a 35,000 andl was like whoa, it just keeps going up and going up. Mr. Migoya: Well -- and it will continue to go up, but not just with FDOT, but the works that we're doing. Every time we put a circle out there, there's maintenance that goes to that circle as well, and that's cost additional that we have to do. So this is like every time we do a park, you know, we have to have people. Every time we do any kind of road beautification, we have maintenance that goes with it. So we have to figure out -- what we have need to do as an Administration is figure out the most efficient way to maintain these greenways in all our roads. Vice Chair Carollo: Yes, sir. Go ahead, Commissioner Gort. Commissioner Gort: (UNINTET,T IGIBT ,F) I'd like to give you a suggestion. Some of these main fairways, there are some very good business entities in there. Maybe we can get some of the private sector to do the sponsors, like I've seen in other city. The beautification of this landscaping has been done by donation from whatever corporation. Maybe we should be looking into that. Get the -- some of the people in the private sector. I'm sure there's some good advertisement for them. We should look into that. Mr. Migoya: Absolutely. Commissioner Gort: Okay. Vice Chair Carollo: Any further discussion? Madam City Clerk, can we vote on CA.1, CA.2 City ofMiami Page 12 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 together? Ms. Thompson: No, sir. Vice Chair Carollo: No? Ms. Thompson: You have to vote on -- while you can discuss the item together, you have to take your vote separately. Vice Chair Carollo: Thank you, ma'am. Let's vote on CA. 1 first then. Any further discussion? Is there a motion? Commissioner Gort: Move it. Vice Chair Carollo: I have a motion by Commissioner Gort. Commissioner Suarez: Second. Vice Chair Carollo: Seconded by Commissioner Suarez. No further discussion. All in favor, say aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say / ay. "Motion carries unanimously. CA.2 RESOLUTION 10-01014 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF STATE ROAD 934/NORTHEAST 82ND STREET FROM NORTHEAST BAYSHORE COURT TO BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS STATED HEREIN. 10-01014 Summary Form.pdf 10-01014 Legislation.pdf 10-01014 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Dunn II R-10-0407 Vice Chair Carollo: Let's take then CA.2. Do I have a motion? Commissioner Suarez: So move. Vice Chair Carollo: Moved by -- Commissioner Gort: Second. City ofMiami Page 13 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 CA.3 10-01043 Department of Parks and Recreation Vice Chair Carollo: -- Commissioner Suarez, seconded by Commissioner Gort. Any discussion? Hearing none, all in favor, say iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Motion carries. Anyone in opposition have the same right to say hay." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "OUT OF SCHOOL TIME SNACK PROGRAM 2010-2011" AND ACCEPTING AND APPROPRIATING FUNDS, IN AN ESTIMATED AMOUNT NOT TO EXCEED $233,188.80, CONSISTING OF A REIMBURSEMENT GRANTAWARD RECEIVED FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILDREN NUTRITION PROGRAMS, ADMINISTERING THE UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM (CFDA #10.558) ("CHILD CARE FOOD PROGRAM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID REIMBURSEMENT GRANTAWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANTAWARD; ALLOCATING SAID FUNDS FROM THE CHILD CARE FOOD PROGRAM INTO THE CITY'S DEPARTMENT OF PARKS AND RECREATION SPECIAL REVENUE ACCOUNT # 11550.295999.549000.0.0 FOR THE CITY'S OUT -OF -SCHOOL TIME SNACK PROGRAM FROM OCTOBER 2010 THROUGH SEPTEMBER 2011. 10-01043 Summary Form.pdf 10-01043 Legislation. pdf 10-01043 Exhibit.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0408 Vice Chair Carollo: And CA.3 was also pulled. Priscilla A. Thompson (City Clerk): Excuse me, Chair. Vice Chair Carollo: Yes. Ms. Thompson: Vice Chair. Vice Chair Carollo: Yes, ma'am. Ms. Thompson: On your dais, you don't have your -- Vice Chair Carollo: I heard Commissioner Gort -- Ms. Thompson: No, no, no, no, no. I was just saying when you were on -- you didn't have your quorum on the dais just now. That's all. City ofMiami Page 14 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Vice Chair Carollo: Gotcha. Commissioner Gort: I was there in the back. That's an extension. Vice Chair Carollo: So CA. 3, I have a question. This is for the Out -of -School Snack program. And you know I requested all the parks that will be participating in this and) counted 19 parks, correct? Ernest Burkeen (Director, Parks & Recreation): That's correct. Vice Chair Carollo: How many of those 19 parks are in District 3? Mr. Burkeen: One. Vice Chair Carollo: Which is? Mr. Burkeen: Jose Marti. Vice Chair Carollo: I don't see Jose Marti in the list here, in this interoffice memorandum that you provided me with. Mr. Burkeen: Okay. There is no parks in District 3. Vice Chair Carollo: So no parks in District 3. Out of 19 parks, there are no parks in District 3 that will be participating in the Out -of -School Snack program? Mr. Burkeen: At this point in time, yes. Vice Chair Carollo: Why is that? Why is District 3 always being forgotten? Mr. Burkeen: District 3 is not always being forgotten. And some of our parks -- as you can tell, it's only 19 here. It's not all of our parks, because we have to get a Certificate of Use in order to qualify for the dollars, and we're working on getting certificate of uses [sic] for all of those parks that are not on this list. Vice Chair Carollo: Well, I clearly requested all the parks that will participate in this. I've received a list of 19 parks. Mr. Burkeen: That's correct. Vice Chair Carollo: There are no parks in District 3. Mr. Burkeen: That's correct. Vice Chair Carollo: You know, I don't know how much more kicking and screaming) have to do up here to, you know, get some attention for the parks in District 3. I just -- I know -- all my colleagues know that since the first time, since the beginning of me being here, I've mentioned parks in District 3, parks in District 3 and now -- obviously, I don't want to jeopardize the other parks, but at the same time, all) want is, you know, a little love. That's all I'm looking for. And again, we're going to allocate what, two hundred and some thousand dollars and nothing -- you know, what do I tell my district? I mean, I think -- you know, I have the second poorest district. I mean, what do I tell the children in my district? You know, I don't have a CRA (Community Redevelopment Agency). I can't -- you know, I cannot take fundings [sic] through that source. What do I do? Help me. I'm asking. Help me. What can I do? City ofMiami Page 15 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Commissioner Dunn: Mr. Chairman, may I? Vice Chair Carollo: Go ahead, Commissioner Dunn. Commissioner Dunn: I -- is there any way we can -- because I've heard him on numerous occasions. And one of the things that I understand not on this issue, but I understand when it feels like you're being left out and then your people -- your residents are depending on you to represent them and that's not a good feeling. Is it any way -- I know this probably wouldn't go well with everybody -- that we could at least get a representation from his park by maybe, you know, cutting back on some of those -- is it any way that can be done? Mr. Burkeen: No. Our plan is once we get a certificate of use for both Henderson and Jose Marti, they will be added to the list. Vice Chair Carollo: And do you know when that will be? Mr. Burkeen: We're working on it right now. Besides, not only Henderson and Jose Marti, but we have others too. As soon as we get them added -- get the certificate of use, we will add it to the list and get the snack program. Vice Chair Carollo: Okay. I will vote, you know, in favor of this 'cause I don't want to jeopardize the other parks. However, you know, I'm -- I think it's quite obvious; I'm getting frustrated with this. As a matter of fact, one of the few things that I wanted was what one of my constituents requested, which was a swing set for one of the parks and, apparently, it's right at the boundary of CDBG (Community Development Block Grant) so -- but we can't use CDBG funding. Andl outright said, you know what, I'm going to put the swing even ifI have to use my office account and let the money come from there or find bond monies or something. But I'm really growing in frustration with the parks in District 3 because realistically, not only does my district have the fewest parks -- then, you know, it's a double whammy because when, you know, funding comes from different, you know, programs, like this Out -of -School Snack program, District 3 gets left out again, so it's a double whammy. So, you know, I'm asking work with me because again, I'm just growing -- you know, my frustration is growing, and l just have a feeling that it's not going to make for good future meetings. Mr. Burkeen: We will work with you. Vice Chair Carollo: Thank you. Any further discussion? Commissioner Dunn: Mr. Chair. Vice Chair Carollo: Go ahead, Commissioner. Commissioner Dunn: I just want to say that I support you wholeheartedly on that. I -- Vice Chair Carollo: Thank you, Commissioner. Commissioner Dunn: -- just have to say that because I feel your pain. Vice Chair Carollo: Thank you, Commissioner. Commissioner Suarez. Commissioner Suarez: The same with me. I feel similar frustrations 'cause I don't have some of those funding vehicles either in my district. And the CDBG things are the ones that really drive me crazy because, you know, it seems like it's almost arbitrary; one block here, not a block here, and -- but for one block, you're not able to tap into some sources of revenue to improve your parks. City ofMiami Page 16 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 CA.4 10-01044 Department of Parks and Recreation Vice Chair Carollo: Exactly. Commissioner Suarez: And it's very frustrating for me. I actually have a pocket item later on today on that issue, so I definitely feel your pain too. Vice Chair Carollo: I understand. Thank you. Any further discussion? It's -- is there a motion Commissioner Dunn: So move. Vice Chair Carollo: -- for CA.3? Commissioner Suarez: Second. Vice Chair Carollo: Commissioner Dunn moved it, second by Commissioner Suarez. Any further discussion? Hearing none, all in favor, say aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion carries unanimously. And that's -- we are through with the CA (Consent agenda) items. And I'll pass the gavel back to the other Chairman. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT TOTAL NOT TO EXCEED AMOUNT OF $465,962 IN THE FORM OF ONE (1) REIMBURSEMENT GRANT ("GRANTAWARD") FROM THE CHILDREN'S TRUST TO THE CITY'S DEPARTMENT OF PARKS AND RECREATION ("DEPARTMENT") FOR THE HEART OF OUR PARKS SCHOOL YEAR OUT OF SCHOOL PROGRAM ("HEART OF OUR PARKS PROGRAM"), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "THE CHILDREN'S TRUST GRANT FOR PARKS 2010-2011," TO FUND THE DEPARTMENTS HEART OF OUR PARKS PROGRAM AT JUAN PABLO DUARTE PARK, SHENANDOAH PARK, JOSE MARTI PARK, WEST END PARK, ANDAFRICAN SQUARE PARK, AND AUTHORIZING IN -KIND SERVICES FROM THE CITY VALUED AT NOT TO EXCEED $188,983.60 ("IN -KIND SERVICES"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CHILDREN'S TRUST, IN SUBSTANTIALLY THE ATTACHED FORM ("THE CHILDREN'S TRUST CONTRACT) AND TO EXECUTE ALL OTHER NECESSARY DOCUMENTS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANTAWARD FOR SAID PURPOSES, THUS AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS IN COMPLIANCE WITH THE ATTACHED FORM OF THE CHILDREN'S TRUST CONTRACT, FOR THE PERIOD COMMENCING AUGUST 1, 2010 THROUGH JULY 31, 2011, WITH THE OPTIONS TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME TERMS AND CONDITIONS; AUTHORIZING THE APPROPRIATION OF THE GRANT AWARD AND THE IN -KIND SERVICES FOR THE HEART OF OUR PARKS City ofMiami Page 17 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PROGRAM FOR THE INITIAL FISCAL YEAR 2010-2011, WITH FUTURE FISCAL YEARS' FUNDING AND IN -KIND SERVICES SUBJECT ONLY TO BUDGETARY APPROVAL. 10-01044 Summary Form.pdf 10-01044 Legislation. pdf 10-01044 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0403 CA.5 RESOLUTION 10-01122 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A TOTAL NOT TO EXCEED AMOUNT OF $330,946.00 IN THE FORM OF THREE (3) REIMBURSEMENT GRANTS (COLLECTIVELY, "GRANT AWARDS") FROM THE CHILDREN'S TRUST FOR THE MAYORS EDUCATION INITIATIVES ("INITIATIVES") FOR, RESPECTIVELY, THE PREVENTION PROGRAMS OF THE MIAMI YOUTH COUNCIL ($82,122.00) AND THE FAMILIES FIRST PARENT ACADEMY ($153,162.00) AND FOR THE OUT -OF -SCHOOL MIAMI LEARNING ZONE PROGRAM ($95,662.00) (COLLECTIVELY, "PROGRAMS"), ESTABLISHING THREE (3) NEW SPECIAL REVENUE PROJECTS ENTITLED: (A) "THE CHILDREN'S TRUST GRANT MIAMI YOUTH COUNCIL 2010-2011," TO FUND THE MIAMI YOUTH COUNCIL PREVENTION PROGRAM AT MIAMI CENTRAL SENIOR HIGH, MIAMI SENIOR HIGH, MIAMI JACKSON SENIOR HIGH, BOOKER T. WASHINGTON SENIOR HIGH, AND MIAMI EDISON SENIOR HIGH, (B) "THE CHILDREN'S TRUST GRANT FAMIILIES FIRST PARENT ACADEMY 2010-1011," TO FUND THE FAMILIES FIRST PARENT ACADEMY PREVETION PROGRAM AT VARIOUS DAY-CARE CENTERS IN THE CITY, AND (C) "THE CHILDREN'S TRUST GRANT OUT -OF -SCHOOL MIAMI LEARNING ZONE 2010-2011" TO FUND THE OUT -OF -SCHOOL MIAMI LEARNING ZONE PROGRAM AT HOLMES ELEMENTARY SCHOOL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR EACH OF THE PROGRAMS WITH THE CHILDREN'S TRUST, IN SUBSTANTIALLY THE ATTACHED FORM ("THE CHILDREN'S TRUST CONTRACT), FOR THE PERIOD COMMENCING AUGUST 1, 2010 THROUGH JULY 31, 2011, WITH THE OPTIONS TO RENEW, SUBJECT TO RENEWALS BY THE CHILDREN'S TRUST, FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME TERMS AND CONDITIONS; AUTHORIZING THE APPROPRIATION OF THE GRANTAWARDS FOR THE PROGRAMS FOR THE INITIAL FISCAL YEAR 2010-2011, WITH FUTURE FISCAL YEARS' FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY DOCUMENTS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANTAWARDS FOR SAID PURPOSES, THUS AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, PROFESSIONAL SERVICES City ofMiami Page 18 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 AGREEMENTS WITH THE SERVICE PROVIDERS BELOW IN COMPLIANCE WITH THE RELATED ATTACHED FORM OF THE CHILDREN'S TRUST CONTRACT, AS FOLLOW: (1) FOR THE MIAMI YOUTH COUNCIL PROGRAM: WITH EXCEPTIONAL CONSULTING FOR EDUCATIONAL LEADERS, INC. D/B/A EXCEL ("EXCEL") IN AN AMOUNT NOT TO EXCEED $33,000.00 AND WITH FIVE (5) INDIVIDUAL TEACHERS EACH FOR AN AMOUNT NOT TO EXCEED $3,000.00; (2) FOR THE FAMILIES FIRST PARENT ACADEMY PROGRAM WITH EXCEL IN AN AMOUNT NOT TO EXCEED $42,000.00; WITH FRIENDS OF WLRN, INC. IN AN AMOUNT NOT TO EXCEED $18,404.50; WITH MAIMI-DADE COUNTY PUBLIC SCHOOLS PARENT ACADEMY IN AN AMOUNT NOT TO EXCEED $7,404.50; WITH CONEE, INC. D/B/A GYMBOREE PLAY AND MUSIC IN AN AMOUNT NOT TO EXCEED $23,404.50; AND WITH MIAMI-DADE FAMILY LEARNING PARTNERSHIP, INC. IN AN AMOUNT NOT TO EXCEED $18,404.50; AND (3) FOR THE MIAMI LEARNING ZONE PROGRAM: WITH BIB BROTHERS BIG SISTERS OF GREATER MIAMI, INC. & MENTORING RESOURCE CENTER IN AN AMOUNT NOT TO EXCEED $16,250.00; WITH MAD SCIENCE SOUTH FLORIDA, INC. IN AN AMOUNT NOT TO EXCEED $27,000.00; AND WITH ARTS FOR LEARNING/MIAMI, INC. IN AN AMOUNT NOT TO EXCEED $12,800.00, EACH FORA PERIOD COMMENCING AUGUST 1, 2010 THROUGH JULY 31, 2011,WITH THE OPTION TO RENEW, SUBJECT TO FUNDING FROM THE CHILDREN'S TRUST, FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT TO EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITONS. 10-01122 Summary Form.pdf 10-01122 Mayor's Education Initiatives Program.pdf 10-01122 Legislation.pdf 10-01122 Exhibit.pdf 10-01122 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0404 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Commissioner Dunn II, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF CONSENT AGENDA Chair Sarnoff But let's move into the CAs (Consent Agendas), if you would, gentlemen. We're on the regular agenda. Is there a motion on the CA agenda? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record, the Vice Chair. Vice Chair Carollo: Thank you. I'd like to pull CA.1, CA.2, and CA.3. City ofMiami Page 19 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PH.1 10-01015 Department of Capital Improvements Program PH.2 10-01016 Chair Sarnoff All right. Anyone else wishing to pull any of the other CA items? All right, so CA.4 through CA.5, is there a motion? Commissioner Suarez: So move. Commissioner Dunn: Second. Chair Sarnoff All right. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-87, 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FLORIDA STATUTES SECTION 287.055; AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CORZO, CASTELLA, CARBALLO, THOMPSON, SALMAN, P.A., FOR ADDITIONAL REQUIRED DESIGN SERVICES NOT YET RENDERED, FOR THE COMPLETION OF THE GROVE PARK STORM SEWER PROJECT, B-30008, IN AN AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECT. 10-01015 Summary Form.pdf 10-01015 Bid Waiver Memo.pdf 10-01015 Public Notice.pdf 10-01015 Legislation.pdf 10-01015 Exhibit.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES PURSUANT TO SECTIONS 18-87 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND FLORIDA STATUTES SECTION 287.055; RETROACTIVELY AUTHORIZING ADDITIONAL DESIGN SERVICES ALREADY COMPLETED, NOT ORIGINALLY CONTEMPLATED IN THE SCOPE OF WORK, FOR THE City ofMiami Page 20 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 NORTHWEST3RDAVENUE IMPROVEMENTS PROJECT, B-30390, IN THE AMOUNT NOT TO EXCEED $13,500; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-30390; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EAC CONSULTING, INC., FOR ADDITIONAL REQUIRED DESIGN SERVICES NOT YET RENDERED, FOR THE COMPLETION OF THE OMNI AREA UTILITY IMPROVEMENTS PROJECT, B-30626, IN AN AMOUNT NOT TO EXCEED $400,000; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS. 10-01016 Summary Form.pdf 10-01016 Bid Waiver Memo.pdf 10-01016 Public Notice.pdf 10-01016 Legislation.pdf 10-01016 Exhibit.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-1 0-0409 Chair Sarnoff PH.2. I understand you're going to have a statement -- I think a general statement regarding PH.2 through PH, I think it's 9. Alice Bravo (Director): Yes. Good morning. Alice Bravo, Capitallmprovements Department. The following items I'm going to present, PH.2 through PH.9, have a similar background. We've spent the last couple of months going through existing projects in CIP (Capitallmprovements Program) and reviewing the documentation that was put in place for the contracts to make sure everything was up-to-date. In finding the review results, we've noticed several categories. There are construction contracts which were originally bid out with a contract authority and a contingency amount where, at some point, the number of change orders that were required for the contract exceeded that original contract capacity and the contingency amount. The other thing that we found were several design contracts where the original contract that allowed for miscellaneous work orders had expired and yet the designers were asked to do additional work on projects that they had already started, and then there was no vehicle to issue them a purchase order or pay them because the contract had in fact expired. And additionally, those projects, in all cases, are not complete and additional scope has been identified for the project, and it's important to the City that we keep those consultants on board; else, we would have to procure new designers to come on board, assume the work that's already been done, and there's a cost and a time lag associated with that, which you know, would probably cost the City an additional half a million dollars in redundant design fees in getting someone to adopt the previous work established. So as we go through the various items, I'll point out which one falls into which category. Chair Sarnoff Just so we're clear on the record, Madam Clerk, this is a general discussion for PH.2 through PH.9, but we will vote individually on each particular item on issue by issue. Priscilla A. Thompson (City Clerk): And you'll have one public hearing. Yes? Chair Sarnoff I wasn't sure I could do that. Can I have one public hearing? Julie O. Bru (City Attorney): These are all separate items. Commissioner Gort: Each item got to have a public hearing. City ofMiami Page 21 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnofff. Right. Ms. Thompson: Okay. So that what we'll do collective discussion. Chair Sarnofff. Correct. Ms. Thompson: And at each item, do you want to call your public meeting -- Chair Sarnofff. Yes. Ms. Thompson: -- open it, close it, then vote? Vice Chair Carollo: Yes. Ms. Thompson: Thank you. Chair Sarnofff. All right. So PH.2, you want to put, just for PH.2, some meat on the bones so we know that particular issue, and then I'll open up a public hearing? Ms. Bravo: Yes. PH.2 is a miscellaneous design contract for a firm. They're working on various CRA (Community Redevelopment Agency) projects. There is, you know, an assignment that they were asked to do already after the point that the contract had expired, so we're approving retroactively a work order for $13,500 in association with the Northwest 3rdAvenue improvement project. Additionally, ongoing projects that they have already completed 90 percent of design, but it -- additional work or street improvements have been identified for them to add to the project. As such, we want to establish a new contract that would have a capacity of $400, 000 so that we can negotiate with them the additional work orders to do the additional scope that's being asked. Chair Sarnofff. Just so I'm clear, this will be out of CRA funding, right? Ms. Bravo: This is our CRA funded projects. And in both cases, the project is already associated -- the funding for the project is already associated, so it does not require the transfer of funds. Chair Sarnofff. All right. Let me open up a public hearing. Anyone wishing to be heard on PH.2, please step up. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz -- what I want to say -- 1227 Northwest 20 [sic] Street -- is -- you can have the whole public hearing, only once, 'cause when I read the agenda at home, I thought that was already on the Manuel Diaz administration, all four fifth vote, all these change order, but then now I realize, listening to Ms. Bravo over there, that this is to complete a lot of the thing that we already approve, okay. And we working fast. I didn't mention anything last night at the audit committee 'cause I was waiting the hearings here. It was on there, the MRC (Miami Riverside Center); was here. Even I saw you there and everything. But I am in favor of all this 'cause it acting fast. Because this morning, when I came back, I went down there to see the names on the street and we vote for the change on the names on the street. And they are -- they already got -- on 27 Terrace, they got Secoffee Terrace already. Before you even -- the Public Work [sic] is working real fast there, I tell you. I am in favor of all of this. I wish you to -- we got to clean this and we start now -- we start with a clean slate. At least we can go over and finish that fire station on 59 and Flagler there that being -- was supposed to be open in August and we're still working there. Thank you. Chair Sarnofff. Thank you. City ofMiami Page 22 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Mr. Cruz: That's all the (UNINTELLIGIBLE) Quintana, everything. Chair Sarnoff Anybody else wishing to be heard on PH.2, please step up. Hearing none, seeing none, the public hearing is now closed; coming back to this Commission. Is there a motion? Commissioner Dunn: Mr. Chairman. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: So moved. Chair Sarnoff Commissioner -- Commissioner Gort: Second. Chair Sarnoff -- Dunn, motion, second by Commissioner Gort. Discussion, gentlemen? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Vice Chair is recognized. Vice Chair Carollo: Thank you. And I guess I just need to put it for the record and in all fairness, maybe I shouldjust say it once and should this happen in the future and so forth, just say hey, see such and such meeting for what I feel. I actually think we went through this already with the college of policing, and so I -- you know, I shouldjust say, you know what, see such and such meetings so you know how I feel. I mean -- and this reeks of mismanagement from contracts already expired and we continue to -- you know, funding already expiring and we continue no approval, no authorization. You know, this is lack of supervision, lack of internal controls, and like I said, it reeks of mismanagement and, you know, this is frustrating to me, and it's definitely not towards this Administration 'cause I know you're cleaning up what's been done in the past. But you know, again, I'll ask a question that know in the past have asked is how do we send a message? What happens if we do not approve this? Ms. Bravo: Well, the first thing to note is we're putting procedures in place and have already to make sure that business is conducted in an orderly manner and professional manner. At the end of the day, the biggest problem that some of these things cause is that you have firms, you know, submitting invoices for months, years in advance, cleaning -- you know, we did the work; when are we going to get paid? We need to have a professional way of doing business in order to have the better qualified firms and contractors want to do business with us. So we've put procedures in place where contract expiration dates are verified periodically, et cetera, so we're not in a situation where we're doing things retroactively. No one wants to be in this situation. And the terms of construction contracts as well, very cognizant of contractual requirements and basically putting a greater emphasis upfront during the design process so that change orders are not needed during construction. That's where we really want to be as we move forward. But in the case of these situations, you know, we've gone through projects. We've gone through these one by one. And basically, we're in a situation where the City would, I guess, unjustly enrich itself if this payment was denied and probably -- you know, some of these firms and contractors have already expressed an intent to proceed with legal action if we do not take care of these business matters. Carlos A. Migoya (City Manager): Mr. Chair. Chair Sarnoff You're recognized, Mr. Manager. Mr. Migoya: This goes back to the meeting that we had -- Vice Chair commented to on the City ofMiami Page 23 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 college of police and the furniture and so forth. And at that time, I said that we were going to try to work and bring all of whatever we saw, which we knew there was many inappropriate actions taken that needed to be done. The reason why Ms. Bravo is at this podium addressing this and the reason why she has this job was specifically when she came on board was to -- besides the great job she does on a normal administration, is to clean up everything that we've done, and we actually have added additional resources. When the Vice Chairman says mismanagement, there was mismanagement and the reason -- and we did take a lot of actions, starting with Ms. Bravo. We've also brought in a consultant to do audit around this thing. We have actually turned over many other people in that department to make sure that these things don't happen again. And what you're seeing in front of you is all the items that we have right now. Internally, that's how they paid. Externally, Ms. Bravo's also the reason -- done a really good job of going through every contractor and basically negotiating and making them pay, to some degree, for their own responsibilities. At the end of the day, if you don't approve this, there's such thing legally -- and I'll -- which is called unjust enrichment -- that they will be able to sue us on and they'll have rights to do that. In addition to that, if you look at the number of contractors, there may not be any Dade County contractors that may want to do business with us if we choose not to pay them at this point in time. I think what Ms. Bravo has done right now, both from an audit perspective as well as negotiating with the contractors and everything that we have done, is to do the right thing for the City and clean everything up so that we have the right department going forward on how we do business, and we have the appropriate controls as to how we do this. And part of the appropriate controls is also with the Budget Department to make sure that they also control the appropriations of funds as it relates to each one of these projects. So this is not just all within CIP. This is also having financial controls, engineering controls, and all the different controls in the City to make sure that we have these things in place. Andl believe that between the Budget Department and CIP and all the other places we have, we now have the appropriate controls to do these things. Commissioner Gort: Mr. Chairman. Vice Chair Carollo: And Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Thank you for that, Ms. Bravo and Mr. Manager. I mean, what you're saying, you know, is reasonable. At the same time, I want to make sure that we sent a message. And you're saying that mostly all the contractors in Dade County. So if we don't approve this, we may not be able to deal with any contractors. So I want to make sure that they know that at least this Commissioner is going to reluctantly approve this based on that it's probably in the best -case scenario or in the best interest of the City ofMiami. However, since you say it's all the contractors in Dade County, they need to realize this is not how it's going to continue. I mean, there is a clear change. And in the future, if some of these comes before me, I'm just going to outright say no and let's go to court. Okay. And that's what I had to say. Chair Sarnoff. Commissioner Gort. Commissioner Suarez: I agree. Commissioner Gort: I think the message -- the Administration, the staff have received that message. But I think the Vice Chairman's very correct in saying that the contractors need to know if they do any performance without the right documentations, they're not going to get paid. Andl agree with that; we'll take them to court when we go to court, 'cause a lot of the contractor took advantage of it. Now my understanding is in conversation with Ms. Bravo, she was also able to work down lot of the dues that were coming and she gave the message to them. But I think it's very important that the contractors know that they perform any work without authorization from us, it will not be paid. City ofMiami Page 24 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PH.3 10-01017 Department of Capital Improvements Program Ms. Bravo: And ifI may? Commissioner Gort: Sure. Ms. Bravo: That's reflective in some other projects that we have under construction right now. There's one project in District 4, Southwest 5th Street, where work was stopped until a change order could be resolved; other projects where the contractor is working in other areas and not proceeding with any additional changes until the change order documentation is executed so. Chair Sarnoff I could describe something to you as past practices. I never actually go to any of my job sites. That's a practice that don't happen to have any expertise in construction, andl never want to be the person who walks up or allegedly had said, gee, this would look better over here. Yet, there have been Commissioners in the past that were very active about walking out to their construction projects and the allegations are that the change orders happened right there . So you have a choice to make. You could be very -- and don't know if you've ever built anything, Commissioner Suarez. I just don't have any construction knowledge that could be useful out there, so I make it a practice not to go to construction sites, and it's just something that I think this Commission needs to be cognizant of and make a very strong message that you're making, which is this is not the business practice of the City ofMiami. All right, so we have a motion and we have a second. And this requires a four fifths. Public hearing is now closed. All in favor, please say iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES PURSUANT TO SECTIONS 18-87 AND 18-90, AND FLORIDA STATUTES SECTION 287.055; RETROACTIVELY AUTHORIZING ADDITIONAL DESIGN SERVICES ALREADY COMPLETED, NOT ORIGINALLY CONTEMPLATED IN THE SCOPE OF WORK, FOR THE NORTH BAYSHORE DRIVE DRAINAGE IMPROVEMENTS PROJECT, B-50658, IN THE AMOUNT NOT TO EXCEED $21,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-50658; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH R.J. BEHAR & COMPANY, INC., FOR ADDITIONAL REQUIRED DESIGN SERVICES NOT YET RENDERED, FOR THE COMPLETION OF VARIOUS ONGOING CAPITAL IMPROVEMENT PROJECTS, IN AN AMOUNT NOT TO EXCEED $300,000; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS. 10-01017 Summary Form.pdf 10-01017 Bid Waiver Memo.pdf 10-01017 Public Notice.pdf 10-01017 Legislation.pdf 10-01017 Exhibit.pdf City ofMiami Page 25 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0410 Chair Sarnoff PH.3. Alice Bravo (Director, Capital Improvements Program): All right. PH.3 is a similar situation. This was a miscellaneous design contract that had since expired. The designer was asked to perform work past the expiration date that was already completed in the amount of $21, 000. In reviewing the ongoing projects that were started under this contract before the expiration date and the services that are still required, we'd like to create a new contract with a limited capacity of 300,000 in order to be able to issue the future assignments that may be needed in conjunction with those projects, and so this -- nothing in this item requires the transfer of funds to or from a project. Chair Sarnoff Could you put a little bit more meat on the bones than that 'cause --? Ms. Bravo: Okay. In the case of the project that was done retroactively, it's the North Bayshore Drive Drainage Improvement project, of which construction is already complete, so they're -- during design or during construction, some additional design changes were requested of the designer and they proceeded since the project was in construction for not to hold it up. But this contract was originally executed in 2004 and would have -- with the original term and the extension provisions expired in 2008. And basically, staff was under the impression that they could issue additional work orders on projects that were started before the expiration date but technically, the contract had expired and therefore was not a vehicle for the issuance of additional purchase orders. Chair Sarnoff I have to be -- I have to admit, I thought I was briefed on this and I thought I understood it andl candidly don't. Andl guess it's in my area. This is the North Bayshore -- it's a dewatering project to raise the North Bayshore Drive, right? Ms. Bravo: Correct. Chair Sarnoff And ifI understood what you've told me, I was understand the mistaken belief that it was poor design and poor planning that demonstrated that some of the sewers and whatnot were not properly identified and that there was going to be a claim on someone's E & 0 (Errors & Omissions) insurance. Ms. Bravo: Not in the case of this project. Chair Sarnoff Not this? Ms. Bravo: No. Here there were unforeseen conditions and apparently, owner requested changes for additional scope and utility conflicts, additional signage, additional palm tree relocations that affected the construction contract. And in the case of the additional design work, the firm was requested to do -- it was addressing harmonization issues and to design around the unforeseen conditions that were encountered. So the 21,000 and its association with the design work that they were required to do during construction to address unforeseen conditions. And the next item will address the construction contract. Chair Sarnoff So the 21,000 is what you call unforeseens [sic], which I take it means it's no one's fault? Ms. Bravo: Correct. City ofMiami Page 26 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoff And then you want to create another contract for $300, 000? Ms. Bravo: Correct. There are two projects that this firm initiated prior to the expiration of the contract for which they have already begun design. One is the Miami River Greenway Segment D, which is project number 40686, and the other is North Bayshore Drive Operational Improvements, 30514. And in those cases there are pending work orders that would need to be issued for work that we know is needed to finish the plans and have the firm participating during the construction of those projects once they go to construction. So we need to create some type of contractual vehicle to issue those additional purchase orders. Alternatively, we would have to bring a new firm on board and have them assume the design work that's already been done and that would be a redundant cost to the City. Chair Sarnoff And you're asking us to do it because you believe this is most cost-effective way of proceeding forward? Ms. Bravo: Correct. Chair Sarnoff All right. Anyone from the public wishing to be heard on PH.3, please step up. Hearing none, seeing none, public hearing is now closed. Commissioner Gort. Commissioner Gort: I think Commissioner Suarez. Chair Sarnoff Suarez. I'm sorry. Commissioner Suarez: Thank you, Mr. Chairman. I just have one point of clarification, which I think you alluded to in your initial statement, butt want to clam on this particular one. Although the practices are not acceptable -- and) agree with the Vice Chairman -- I just want to clam as well that the money that is being utilized here is not general fund money. Ms. Bravo: Correct. Commissioner Suarez: That's just something I want to put clearly on the record, not that it excuses any of these practices one iota. It doesn't. But it's important for the general public to understand that. Ms. Bravo: Correct. Commissioner Gort: Mr. Chair. Chair Sarnoff Yes, sir. Commissioner Gort: Now, my understanding also in discussion with Ms. Bravo is she -- a lot of the times the construction itself or the overrun is not because of the construction but it's because of the design, and I think I have the biggest example right across the street from my house where they design the storm sewers on either side, but the water is in the middle in between where the storm sewers are at, so (UNINTELLIGIBLE) might have been a design. My understanding is we're going to go after those people also. Ms. Bravo: Correct, correct. There are some items later on where we've identified that some of the change orders are related to errors and omission and there we're establishing a policy of going after any amounts that the City would be due from the design firms if it was a foreseeable design error or omission. Commissioner Gort: Thank you. City ofMiami Page 27 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnofff. All right. Commissioner -- Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. I think this is one of the items that I'm going to say see my comments for -- from PH.2. And I think from PH.3 I think through PH.9, my discussion's going to be see my comments for PH.2. However, I'm going to add a little bit to that. Not only is some of this mismanagement -- and you know, I know it's different projects and so forth, but one thing that want to address that I've already addressed with Ms. Bravo and the Manager is that some of these projects were done wrong, you know. I heard the Manager mention the circles. I have streets in my district that, due to the circles and so forth, are now being flooded because the proper drainage system was not in place. I know we spoke about it, Ms. Bravo, 25th Road, which I haven't forgotten, 24th Avenue. So not only, you know, do we have to -- do I see, you know, a pattern of having some of these projects not approved -- being done without being approved and so forth, some of them are wrong -- have been done wrong, and now I'm seeing that I'm going to have to spend, you know, some of the fundings [sic] that we have for future projects into fixing some of the things that were done in the past. And like I said, I mean, I have a pretty long list. I just mentioned two roads that can show you pictures andl mean, they're doozies. Thank you. Ms. Bravo: IfI could add to that. The one thing want to emphasize is that we're practicing sound engineering practices at this point. I think in the past there was a need to implement what was being requested and without thinking the engineering through, so in some cases, curbs were built on a street. When curbs are built, the drainage that would have otherwise gone to the swale is now going to be trapped on the street and we need -- lead to flooding or ponding, which is not desirable and then would have to be corrected afterwards. And the other thing is that sometimes off a sketch an assignment was given to a contractor to go out and build something without doing any survey, taking account into elevations, where is the water going to drain, and that's where you end up with ponding in the middle of the street. So we're taking the engineering care that is needed for these projects. Vice Chair Carollo: Thank you, Ms. Bravo. And like I said, we've been out to various locations now. And it does become a problem because in some of those areas, even tadpoles -- well, you saw -- they were running rampant, which means now we're going to need exterminators in the near future and, you know, I'm making a joke but it really isn't. I mean, if you saw some of this, it's just unbelievable and -- Commissioner Gort: Yeah, I can go fishing in front of my house. Vice Chair Carollo: Well, I'll tell you some roads that you could go in. Chair Sarnofff. Waterfront property. What are you complaining about? Vice Chair Carollo: But thank you, Ms. Bravo, 'cause I know you're addressing that. And just so my constituents know that I haven't forgotten, and I actually know the addresses by heart and so forth, and you know, soon enough -- Ms. Bravo: I can attest to that. Vice Chair Carollo: -- I have the director of CIP (Capital Improvements Program) here saying that yes, we will be addressing them so. Commissioner Suarez: Mr. Chair, ifI can just -- Vice Chair Carollo: Thank you. City ofMiami Page 28 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoff Yes, sir. Commissioner Suarez: -- chime in one last time before move on. I completely agree with what the Vice Chairman just said. I'm thinking of one, Hidalgo Franco in particular. It's tragic when we spend money to try to improve our city and it ends up actually making our -- the quality of life of our residents worst. I mean, it's like a double whammy 'cause we're -- it's waste of money. And we have to also hold the contractors and the engineers responsible for the work that they do. If they don't do good work, that should not be rehired. If they don't envision or anticipate some of these problems, they should not be hired. I mean, it's that simple. You know, that should be -- there should be a punitive part of this which is, if you're doing work and you're basically -- you know, you're wasting City resources and problems that have to -- first of all, they -- I -- they shouldn't have -- we shouldn't have to pay them to fix it. They should come back and fix it for free. Ms. Bravo: Correct. Commissioner Suarez: That's the first issue. And then we shouldn't hire them again. If they're not willing to do that, they shouldn't be rehired. Ms. Bravo: All right. Chair Sarnoff. All right, PH.3, any further discussion, gentlemen? Hearing no discussion, all in favor, please say iiye. " Commissioner Dunn: Aye. Commissioner Suarez: Aye. Priscilla A. Thompson (City Clerk): I'm sorry, I'm sorry. I don't have a mover or a seconder yet. Chair Sarnoff. You don't? All right. Commissioner Gort: Move it. Chair Sarnoff. We have a motion by Commissioner Gort -- Commissioner Dunn: Second. Commissioner Suarez: Second. Chair Sarnoff. -- second by Commissioner Dunn. Let me close the public hearing in case I did not. All in favor, gentlemen, please say aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. PH.4 RESOLUTION 10-01018 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), RETROACTIVELY AUTHORIZING A CHANGE ORDER Program FOR ADDITIONAL SERVICES PERFORMED DUE TO UNFORESEEN CONDITIONS AND OWNER REQUESTED CHANGES, SUCH AS UTILITY CONFLICTS, ADDITIONAL SIGNAGE, ROYAL PALM RELOCATIONS, RELOCATION OF ENCASED ELECTRICAL CABLES, AND INSTALLATION OF City ofMiami Page 29 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 A CONFLICT MANHOLE AND OTHER ELEMENTS, FOR THE NORTH BAYSHORE DRIVE DRAINAGE IMPROVEMENTS PROJECT, B-50658, IN THE NOT TO EXCEED AMOUNT OF $220,182; RESOLUTION FURTHER AUTHORIZES THE PERFORMANCE OF ADDITIONAL OWNER -REQUESTED FUTURE WORK WHICH HAS BEEN PLANNED, AS PART OF THE CHANGE ORDER, INCLUDING SKATE BOARD DETERRENTS ON THE BULKHEAD WALLS, IN THE NOT TO EXCEED AMOUNT OF $5,454; INCREASING THE CONTRACT SUM IN AN AMOUNT OF $225,636, FROM $1,282, 729.24 TO A TOTAL CONTRACT SUM NOT TO EXCEED $1,609,365.24; ALLOCATING FUNDS IN THE AMOUNT OF $225,636, FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. B-50658; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT WITH GIANNETTI CONTRACTING CORP., IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 10-01018 Summary Form.pdf 10-01018 Bid Waiver Memo.pdf 10-01018 Public Notice.pdf 10-01018 Pre Legislation and back up documents.pdf 10-01018 Legislation.pdf 10-01018 Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0411 Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II (PH.4) 10-01018 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RETROACTIVELY AUTHORIZING A CHANGE ORDER FOR ADDITIONAL SERVICES PERFORMED DUE TO UNFORESEEN CONDITIONS AND OWNER REQUESTED CHANGES, SUCH AS UTILITY CONFLICTS, ADDITIONAL SIGNAGE, ROYAL PALM RELOCATIONS, RELOCATION OF ENCASED ELECTRICAL CABLES, AND INSTALLATION OF A CONFLICT MANHOLE AND OTHER ELEMENTS, FOR THE NORTH BAYSHORE DRIVE DRAINAGE IMPROVEMENTS PROJECT, B-50658, IN THE NOT TO EXCEED AMOUNT OF $150,182; RESOLUTION FURTHER AUTHORIZES THE PERFORMANCE OF ADDITIONAL OWNER -REQUESTED FUTURE WORK WHICH HAS BEEN PLANNED, AS PART OF THE CHANGE ORDER, INCLUDING SKATE BOARD DETERRENTS ON THE BULKHEAD WALLS, IN THE NOT TO EXCEED AMOUNT OF $5,454; INCREASING THE CONTRACT SUM FROM $1,282, 729.24 TO A TOTAL CONTRACT SUM NOT TO EXCEED $1 „539,365.24; ALLOCATING FUNDS IN THE AMOUNT OF $225,636, FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. B-50658; AUTHORIZING THE CITY MANAGER TO EXECUTE City ofMiami Page 30 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT WITH GIANNETTI CONTRACTING CORP., IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 10-01018 Summary Form.pdf 10-01018 Bid Waiver Memo.pdf 10-01018 Public Notice.pdf 10-01018 Pre Legislation and back up documents.pdf 10-01018 Legislation.pdf 10-01018 Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0411 Chair Sarnoff PH.4. Alice Bravo (Director, Capital Improvement Programs): Okay. PH.4 is an item in association with the construction of one of the projects that we just discussed the design for. So here, there were change orders having to do with unforeseen conditions. The owner requested changes, utility conflicts, additional signage, palm relocations, relocation of -- in case electrical cables, et cetera. So the retroactive work that exceeded the contingency amount of this contract is the amount we're requesting. And actually, since this item was submitted, we've been able to negotiate some credits back on work that was not performed, so rather than the 220,182 that's listed here, we'll be reducing that to 150,182, so a reduction of $70, 000. Chair Sarnoff Is this the one --? Forgive me. I'm looking for the one where there was some lack of due diligence on the front end. Ms. Bravo: I think that's the next one. Chair Sarnoff Still coming? Okay. Ms. Bravo: Yeah. And additionally, then we're going to have an additional change order to this contractor to provide the skateboard deterrence on some of the bulkhead walls and make sure that they're repaired to their original condition if they've been damaged by skateboard use. Chair Sarnoff Anybody -- let me open a public hearing. Anybody wishing to be heard on PH.4, please step up. Hearing none, seeing none, public hearing is now closed. Is there a motion? Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort -- Commissioner Dunn: Second. Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. [Later...] City ofMiami Page 31 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoff Gentlemen, I've just been advised that we need to rehear PH.4 because it's a modified -- we did not vote as modified. Can I get a motion to rehear PH.4? Commissioner Dunn: So move. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Suarez. All in -- Any discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff PH.4, would somebody please put PH.4 on the record and why -- how we need to vote on it? Priscilla A. Thompson (City Clerk): She was right -- Alice -- I'm sorry. There she is. Ms. Bravo: Alice Bravo, Capital Improvements Department. For PH.4, the modification is to read that we are approving an amount not to exceed $150,182 for previously completed work and therefore the award increase is only $155, 636,; with the amendment, total award value not to exceed the contract at $1, 539, 365.24. Maria J. Chiaro (Deputy City Attorney): And that is for the Bayshore Drive drainage improvement project, right? Ms. Bravo: Correct. And all those numbers reflect a reduction of $70, 000 or the result of credits we negotiated with the contractor. Chair Sarnoff All right. Vice Chair Carollo: That's PH.4? Ms. Bravo: PH.4, correct. Chair Sarnoff I want to give the Commissioners a little time to get oriented. This really didn't substantively change very much, correct? Ms. Bravo: The -- we're reducing the amounts that we're going to increase the contract amount by $70, 000, so it's a reduction in the change orders. Chair Sarnoff All right. Commissioner Gort: Move it. Chair Sarnoff Let me -- Commissioner Suarez: Second. Chair Sarnoff -- open a public hearing. I'm imagining I'm going to have to reopen a public hearing. Anyone wishing to be heard on PH.4, please step up. Hearing none, seeing none, coming back to the Commission. We have a motion by Commissioner Gort, second by Commissioner Suarez. All -- any discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 32 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PH.5 10-01019 Department of Capital Improvements Program Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RETROACTIVELY AUTHORIZING A CHANGE ORDER FOR ADDITIONAL SERVICES, PERFORMED DUE TO OWNER REQUESTED CHANGES, DESIGN ERRORS AND OMISSIONS, AND ADDITIONAL REGULATORY REQUIREMENTS, FOR THE FIRE STATION NO. 11 IMPROVEMENTS PROJECT, B-60452, IN THE NOT TO EXCEED AMOUNT OF $4,796.64; RESOLUTION FURTHER AUTHORIZES ADDITIONAL OWNER CONTINGENCY IN THE NOT TO EXCEED AMOUNT OF $75,000, FOR RESOLUTION OF OUTSTANDING ISSUES; RESOLUTION FURTHER AUTHORIZES THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE CONTRACT WITH NAC CONSTRUCTION, INC., WHICH INCREASES THE AWARD VALUE BY $79,796.64, FOR A TOTAL AWARD VALUE NOT TO EXCEED $3,854,196.64. 10-01019 Summary Form.pdf 10-01019 Bid Waiver Memo.pdf 10-01019 Public Notice.pdf 10-01019 Pre Legislation and backup documents.pdf 10-01019 Legislation.pdf 10-01019 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0412 Chair Sarnoff PH.5. Alice Bravo (Director, Capital Improvement Programs): Okay. PH.5, this has to do with the construction contract for fire station number 11 improvements, and this contract was brought here previously earlier this year, February 5, for an amendment for an additional contingency. Since then, the construction work is almost complete. We're getting ready to close this out. And additional change orders have been identified. Of the ones identified, we've negotiated down roughly $52, 000 from what was originally foreseen. So at this point we're asking for the retroactive approval of the amount $4, 796.64 for a change order that was approved in order to allow for the continuity of the work to pursue and an additional contingency of $75, 000 to address pending change orders that have not been executed and any punch list items that may be addressed as part of the final inspections. Chair Sarnoff All right. So let me open up a public hearing. Anybody from the public wishing to be heard on PH.5, please step up. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am the chairperson ofAllapattah Business Development Authority. I get confused sometimes with the way they operate here. When we put a bid outside and somebody does the painting or whatever it is, work, if the bid is $20, 000, it stays 20,000, no more, no less. You can't come to -- oh, I had to pay more for the paint or the thing. No. That's -- you absorb it because that's the way we do the bid. Now I see all these people coming. I don't see anybody, any contractor coming here and say oh, we have -- City ofMiami Page 33 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 we pay less for this thing because we piggybacking with other company and it cost less. It cost us $50,000 less. Coming here Capital Improvement, it's 50,000 for you. That's our -- we -- no. Everybody, we only got more and cost overrun and cost overrun. I really -- I mean, that's confuse me, you know. Let's go to the City. The City got big pockets. Regardless if the money from the bond hearing, that's (UNINTET,TIGIBT,F) the debt service is that don't pay debt service to the City, but you know, (UNINTET,TIGIBT,F) calls for other ways -- (UNINTELLIGIBLE) nobody -- I don't see any company coming -- our -- you know, it cost less money. Here is so much money back to the City. Name me the first company that has done that. No one. Chair Sarnoff. Mr. Cruz, do you remember being here about three years ago? We had a paint contractor come before the Commission asking for a change order. He forgot to put in the fact that he needed a ladder to paint the building. Mr. Cruz: Yeah. No. Remember when the graffiti people too, the one that was painting for the graffiti and the whole thing. No. Because it's you do a bid that you should stick to the bid. You should know all the factors before because I got business. When I apply for a contract, or whatever it is, I sign the checks. I sign the checks in ABDA (Allapattah Business Development Agency) and go to the job site and see whatever is done and know. I don't get paid at ABDA because I get my money in a different other way with the federal government. But I see that, and I see no one can come to us and say look at -- I have to pay more to Home Depot or to Lowe's, whatever it is. No. You got to stick to whatever you -- Chair Sarnoff. All right. Mr. Cruz: We go for the Davis Bacon Act. We go to everything. We follow the federal guideline so they -- ChairSarnoff. And lunderstand. Mr. Cruz: -- have to follow all the rules too. Chair Sarnoff. I have no reason -- I just wanted to bring it up because you weren't there that day, but would have been a good day for you to have been there. Any rate, PH.5. Anyone else in the public wishing to be heard on PH.5? Hearing none, seeing none, coming back to this Commission. Do we have a motion? Commissioner Suarez: So moved for discussion. Chair Sarnoff. Motion by Commissioner Suarez -- Commissioner Dunn: Second. Chair Sarnoff. -- second by Commissioner Dunn. Commissioner Suarez is recognized for the record. Commissioner Suarez: I reincorporate all of the Vice Chairman, mine, and all the other Commissioners' comments by reference for all the other matters and would like one additional comment, which is we already approved one change order for this project and it's in my district, and it's a fire station I think we all want to see completed, you know, as quickly as possible. I just want a little bit of clarification on the record as to why there has to be a -- and were you responsible initially when we made the initial change order? Ms. Bravo: No, no. That -- City ofMiami Page 34 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PH.6 10-01020 Department of Capital Improvements Program Commissioner Suarez: I just want -- I wanted to put that -- Ms. Bravo: -- occurred in February. Commissioner Suarez: -- on the record first and -- you know, and I think that goes back to what we've been talking about in terms of some of the changes the Manager made in response to some of these issues without getting into too much detail and then just explain a little bit more why there's a second -- Ms. Bravo: All right. Commissioner Suarez: -- order needed. Ms. Bravo: And the majority of the funds requested for that first change order had to do with the need to create a temporary site to relocate the fire station that was on the property where the new building is being constructed. So that first change order really helped reestablish a fund where the original contingency was completely depleted on day one once the project started because of that temporary facility. The change orders that occurred since then in some cases were -- in a lot of cases were owner -requested changes, as far as the interior layout of the building, the equipment that was being provided. Commissioner Suarez: Mr. Chairman, can I stop her there? Chair Sarnoff Go ahead. You're recognized. Commissioner Suarez: Can you verify for the record that when you say an owner -requested change, I did not go to the construction site and ask for anything to be changed? Ms. Bravo: Correct. Commissioner Suarez: Okay. Thank you. Ms. Bravo: Some are associated with error and omission items that we will be pursuing with the design firm. Commissioner Suarez: And that was the other thing I wanted you to put on the record that caught my attention when reading the background. Ms. Bravo: Correct. Chair Sarnoff All right. Anyone else wishing to speak on PH.5? All right, gentlemen, we have a motion and we have a second. All in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RETROACTIVELY AUTHORIZING THE FINAL CHANGE ORDER FOR ADDITIONAL MAINTENANCE OF TRAFFIC (MOT), ASPHALT PRICE ADJUSTMENTS, AND PERMIT FEES FOR OFF -DUTY POLICE OFFICERS DUE TO A CITY APPROVED TIME EXTENSION OF 120 DAYS, FOR THE PROJECT ENTITLED "FLAGAMI / WEST END STORM SEWER PUMP STATION," B-50696, IN AN AMOUNT NOT TO EXCEED $121,762.16, City ofMiami Page 35 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 INCREASING THE AWARD VALUE FROM $6,714,352.40, TO $6,836,114.56, ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. B-50696; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT WITH SOUTHEASTERN ENGINEERING CONTRACTORS, INC., FOR SAID PURPOSE. 10-01020 Summary Form.pdf 10-01020 Bid Waiver Memo.pdf 10-01020 Public Notice.pdf 10-01020 Pre Contract.pdf 10-01020 Legislation.pdf 10-01020 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0413 Chair Sarnoff. PH. 6. Alice Bravo (Director, Capital Improvement Programs): PH.6 is associated with a construction contract for the project entitled Flagami/West End Storm Sewer Pump Stations. And in the case of this contract, there were change orders required, some for design changes, some for potential errors and omission issues that we will pursue. Most of the change orders had to do with pump stations that were being included in the project and utility conflicts and modifications that had to be done, generators that had to be changed to meet EPA (Environmental Protection Agency) regulations, et cetera. So in the case of this contract, we're requesting for approval of $121, 762.16 that exceed the contingency already allocated for the project. Chair Sarnoff. All right. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff Yes. Commissioner Suarez: Ms. Bravo, you said that some of the change orders had to do with changing some of the equipment. Ms. Bravo: Correct. Commissioner Suarez: Was that not in the initial request for proposal? In other words, those specifications, were they in the initial request for proposal? Ms. Bravo: In some cases, it was changes that were requested after the contractor bid on the job, so the change order would be for the price difference in whatever equipment he bid versus the equipment that was finally required at the site. So for example, if he bid on a specific generator that may be in his bid was $100, 000 and later, because of a change in specification from the City's part in meeting regulations, the generator that was required is something that cost $200, 000, then the change order would be for the price differential. Commissioner Suarez: But it -- what it seems -- what you seem to be suggesting is that there was aflaw in the initial process by which the specifications were presented to the contractors, because you know, we should know that these -- this is what's required by law to be installed, and so we would have had an accurate bid initially that would not require us to come back here City ofMiami Page 36 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PH.7 10-01021 Department of Capital Improvements Program Ms. Bravo: Right. Commissioner Suarez: -- to fix it, in essence. Ms. Bravo: And you know, if something was foreseeable during design, then we put it in the category as a potential error and omission, and then we look to see if there's a premium cost, you know. Is the City paying out the cost that we would have paid had that original item didn't included in the bid or did something have to be ripped out, returned, no longer useful, and then a greater cost was incurred by the City. And in that case, that cost differential is what we will pursue -- Commissioner Suarez: Thank you. Ms. Bravo: -- as an error and omission. Chair Sarnoff. All right. Let me open up a public hearing. Anyone wishing to be heard on PH.6, please step up. Hearing none, seeing none, the public hearing is now closed; coming back to this Commission. Do we have a motion? Commissioner Suarez: So moved. Commissioner Gort: Second. Chair Sarnoff. Motion by Commissioner Suarez, second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion -- we'll all incorporate our comments from the previous ones -- all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-87 AND 18-90, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND FLORIDA STATUTES SECTION 287.055; RETROACTIVELY AUTHORIZING ADDITIONAL DESIGN SERVICES ALREADY COMPLETED, NOT ORIGINALLY CONTEMPLATED IN THE SCOPE OF WORK, FOR THE NORTHEAST2NDAVENUE IMPROVEMENT PROJECT, B-78508, IN THE AMOUNT NOT TO EXCEED $150,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-78508; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH AECOM SERVICES INC. D/B/AAECOM DESIGN, FOR ANTICIPATED ADDITIONAL SERVICES, NOT YET RENDERED, FOR COMPLETION OF THE NORTHEAST 2ND AVENUE IMPROVEMENTS PROJECT, IN AN AMOUNT NOT TO EXCEED $110,000; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECT. City ofMiami Page 37 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 10-01021 Summary Form.pdf 10-01021 Bid Waiver Memo.pdf 10-01021 Public Notice.pdf 10-01021 Legislation.pdf 10-01021 Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0414 Chair Sarnoff PH.7. Alice Bravo (Director, Capital Improvement Programs): PH.7 is associated with design services. This was a miscellaneous design contract that Aecom had under which they began the design of Northeast 2ndAvenue improvements and this began as a single project several years ago. I think the original contract was executed in 2004 and would have expired in 2006. As such, that contract required that -- we required the designer to split the project into several segments, produce additional plans. Several segments of this corridor are now under construction under ARRA (America Recovery Reinvestment Act) funding. So the introduction of federal funds, we required the designer to go back and update plans and make changes and further change the segments of the project which required repackaging of the plans. From the original fee estimate for this work that the consultant submitted to what we negotiated was a reduction of $90,000, and so that leads to the amount shown here for retroactive work of $150, 000. In addition, since there are future segments that have yet to go to construction, and we don't know in what shape or funding source will be used, we wanted to establish a new contract, so we have a future capacity of $110, 000 for services during construction and future design services that may or may not be needed. But that way we have the vehicle rather than having to contract somebody new. Chair Sarnoff All right. PH.7, let me open up a public hearing. Anybody from the general public wishing to be heard on PH.7? Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 26th Street. I am also a member of the Safe Neighborhood Bond Advisory Board. We approve that. But you know, when you're talking $100, 000 here, $150, 000 there, pretty soon you're talking about big money, little by little. You know, it adds up. I question 2ndAvenue andl questioned it at the meeting. This is a major arterial. Is the County giving us so much money because this is a major arterial? You got buses running through it. It goes, you know, Wynwood neighborhood there, (UNINTET,TIGIBT,F), then Little Haiti, up to El Portal, okay. So how much the County is adding? Chair Sarnoff Let's -- Mr. Cruz: And that's part of your district, part of District 5, and the whole thing. Chair Sarnoff Let's -- Mr. Cruz: City ofMiami. How much the County is giving up? Because I don't pay maybe County taxes in my homestead, but I have investment property and rental property that I pay a lot of money in countywide taxes. And what we getting from the County? Chair Sarnoff And you'll be paying more taxes this year from the County. Mr. Cruz: No. I pay less taxes because the property value went down. City ofMiami Page 38 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PH.8 10-00582 Department of Capital Improvements Program Chair Sarnoff Okay. That's right, investment property. Mr. Cruz: (UNINTET,T IGIBT ,F). Chair Sarnoff All right. Is this a county road? Ms. Bravo: This is a county road. Mr. Cruz: Right. Ms. Bravo: And the segments currently under constructionwere funded with American Recovery Reinvestment Act funds, and the future segments that are needed to complete the corridor will be constructed using County funds. Chair Sarnoff Okay. He got his answer. Anyone else from the public wishing to be heard on PH.7? Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Gort: (UNINTET,T IGIBT ,F). Chair Sarnoff We have a motion by Commissioner Gort. Commissioner Dunn: Second. Chair Sarnoff Second by Commissioner Dunn. Any discussion, gentlemen? Reincorporating all of our comments regarding our previous PHs (Public Hearings), all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RETROACTIVELY AUTHORIZING A CHANGE ORDER FOR ADDITIONAL SERVICES PERFORMED, FOR THE PROJECT ENTITILED "ROBERTO CLEMENTE PARK RECREATION BUILDING", B-30172A, IN THE NOT TO EXCEED AMOUNT OF $125,562; RESOLUTION FURTHER AUTHORIZES THE PERFORMANCE OF ADDITIONAL OWNER -REQUESTED WORK, INCLUDING THE FURNISHING AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT AND A NEW CANOPY STRUCTURE, IN THE NOT TO EXCEED AMOUNT OF $126,000 AND AN ADDITIONAL OWNER CONTIGENCY IN THE NOT TO EXCEED AMOUNT OF $15,877; RESOLUTION FURTHER AUTHORIZES THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT WITH GULF BUILDING CORP., WHICH INCREASES THE AWARD VALUE BY $267,439, FORA TOTALAWARD VALUE NOT TO EXCEED $2,192,439. 10-00582 Summary Form.pdf 10-00582 Bid Waiver Memo.pdf 10-00582 Public Notice.pdf 10-00582 Pre Legislation and backup documents.pdf 10-00582 Legislati on. pdf 10-00582 Exhibit.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 39 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0415 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Chairman Sarnoff, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Dunn II Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Suarez Chair Sarnoff PH.8. Alice Bravo (Director, Capital Improvement Programs): PH.8 is associated with the construction contract for the Roberto Clemente Park Recreation Building, Dorothy Quintana Community Center. In this case, this project, as construction commenced, it was decided to have the project be qualified for LEED (Leadership in Energy and Environmental Design) certification. As such, the first three change orders pretty much consumed the allowable contingency on the contract and since then, the work that took place after that were change orders that were approved beyond that contingency amount. So at this time we're -- there's also an additional item to be noted here. This contract, when it was bid, included in its scope the provision of a new playground equipment. Andl guess in an attempt to not have to bring that item to the Commission, that playground equipment was actually removed from the scope and was going to be given to a JOC (Job Order Contract) contractor and instead we decided that's not appropriate and we're going to cancel that and actually have this contractor finish out the work in his original scope. There's something else that has come up with this. As the project was put out to bid, it was designed and had a building permit for entire structure, but there was one part of the building where the use for that area was not yet identified, and so that interior space was excluded from the building permit, and I believe the Parks Department has now identified a use for that area which involves the De Hostos Senior Center. And so that information recently was brought to us. So originally, we were going to request here an increase of 15,877 and we're going to increase that by the amount needed for the De Hostos Senior Center. Chair Sarnoff Mr. Manager, this is not you, by any stretch of the imagination, and this is not a criticism of Roberto Clemente Park, but if this City Commission would ever want to see a classic example of how not to start a park project, Roberto Clemente would be the Seminole classic example. I was sent out by the Administration to that community to explain why we only had a set certain amount of money. Very difficult, very arduous meetings. Pete Hernandez was with me at most times. They were asking for indoor basketball courts. They were asking for everything under the sun, which would have come to, I think, $3.5 million. All that being said and knowing that we had an extremely tight budget on this, we even requested that the playground equipment not -- be taken out carefully; it was still in good enough condition that it City ofMiami Page 40 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 could have been reused, only to find out that others in the Administration simply crushed the equipment because they thought new equipment should come in. And then one comment by one person in the previous Administration and there found a $267, 000 change order. Roberto Clemente -- I guess the reason I want to talk about it is I was the face of Roberto Clemente for the previous Administration, how to get this park built, and we were under strict instructions on how much money to spend, andl was the person that had to defend that Administration to only spend that amount of money; to go so far as to say we have to preserve the old playground equipment, please be careful taking it out 'cause we're going to reinstall it, only to see with one pen stroke or one comment, $300, 000 changed everything. Andl got to tell you, this is probably the most disappointing item for me being a Commissioner. It is against everything that I believe in government, and not that they don't deserve a brand-new facility; they certainly do. We only had so much money to spend, andl was the tip of the spear to make sure only that amount of money got spent, only to watch everything come unglued right after about eight or nine public hearings when I had to take the grief as to why Little Haiti Park got so much money, as to why Jose Marti got so much money, but why was it Roberto Clemente was only getting so much money. And I'm not criticizing you in any stretch, Mr. Manager, but if any Commissioner wants to get a story on how not to build something, Roberto Clemente would be it. All right, public hearing. Anybody wishing to be heard on PH.8, please step up. Hearing none, seeing none, the public hearing is closed. Can I get a motion? Commissioner Dunn: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Dunn: So moved for discussion. Chair Sarnoff Recognized -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Dunn has a motion. Is there a second? Commissioner Suarez: Second. Ms. Bravo: May I --? Chair Sarnoff Second by Commissioner Gort. Go ahead, you're recognized. Ms. Bravo: Can make one clarification. The retroactive work is 125,562. The change order with the playground equipment is 126, 000, and the contingency for remaining items and the build out of the unidentified area, that's the amount that's being increased to 185, 877. Chair Sarnoff Okay. Any discussion, gentlemen? Hear -- go ahead, Commissioner Dunn. Commissioner Dunn: No. I just wanted to ditto what you said. I understand that level of frustration. I've kind of encountered some of that with the Gibson Park project where sometimes individuals have a Bentley appetite with a Volkswagen budget, and it's quite frustrating because you want to get something moving. You want to improve the quality of life for the residents in terms of parks, and it is almost sabotaged by that appetite that cannot -- it's an insatiable appetite that cannot be satisfied, so I understand that. Andl can kind of relate with this park not from a historical perspective, but since there is a piece that abuts District 5, I will support this and hopefully, we can make the best of a bad situation. Chair Sarnoff Yeah. Andl want to stress -- I mean, the park itself -- and I've not been there, andl make sure I never went to Roberto Clemente 'cause I'd heard things. I don't even know City ofMiami Page 41 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 what stage Roberto Clemente is at. I heard there's going to be a ribbon -cutting sometime next month. I was intimately familiar with the actual size of the project. We actually had to shrink the size of the building that they wanted because we only had so much -- so many dollars per square foot. It's really tough to be a Commissioner to go out to a district and explain to them why they have, let's just use $1 million, and then the Administration, in one fell swoop, adds 300,000 to the project. You have no credibility with the community. No credibility. I don't even know how they're going to take the comments that I'm saying today from the dais, but I've worked with this Admin -- the previous Administration 'cause in our budget, in our actual Homeland Security Bond project, Roberto Clemente had a specified line item and that was what we were supposed to spend, not an additional 2 or $300, 000. And it's just you lose credibility when the Administration -- I don't want to say doesn't support you, but actually does something very contrary to what you're making a representation of so enough said. I -- you know, it's a good park. I think it's going to be a great project, but ifI was them, I'd be scratching my head saying where'd they come up with the 300 extra thousand dollars, especially when I think 200 of that is for LEED certification? Ms. Bravo: Right. These additional changes or the additional amounts needed for this project will be funded from the interest collected on the Homeland Defense improvement bonds. Chair Sarnoff. And you know what? That's money anyone else could have used too. All right, all in favor, please say aye." The Commission (Collectively): Aye. [Later...] Ms. Bravo: And the second item is PH.8. That's the second one that was modified, and that's for the Roberto Clemente/Dorothy Quintana Community Center, for the build out of the De Hostos Senior Center area. Chair Sarnoff. Let me get some more salt for you -- Commissioner Suarez: Motion to reconsider PH.8. Chair Sarnoff. -- so you could pour it on (UNINTELLIGIBLE) wound. All right. We have -- Vice Chair Carollo: Second. Chair Sarnoff. -- a motion to reconsider by Commissioner Suarez, second by the Vice Chair. This is on PH.8. Any discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff. All right. Put PH (Public Hearing) -- PH.8, you're recognized for the record. Ms. Bravo: Alice Bravo. The change order amount reflected in the item is being increased by $170,000 to 185,877 as future contingency, so that would change the award value to 437, 439, and so the total contract amount is an amount not to exceed 2, 362, 439. So the -- Chair Sarnoff. How much is the total contract amount on this? Ms. Bravo: -- available contingency for us to complete the work at the site is increased by $170,000, which is the build out of the area that was originally omitted from the project. Chair Sarnoff. I'm going to ask you to bring this back. I -- you know what, I just can't do this. I City ofMiami Page 42 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 cannot vote on Roberto Clemente. You know what, I'm going to pass the gavel. Vice Chair Carollo: Okay, with that said do we --? Do you want to defer this item? What's the will of this Commission? Do we want to vote on it? What's the will of this Commission? Commissioner Dunn: I'd be in favor of deferral if -- Chair -- Vice. Vice Chair Carollo: Thank you. Ms. Bravo, do you have a problem with a deferral until --? Ms. Bravo: That's fine. Vice Chair Carollo: Okay. So with that, can I get a motion for a deferral on P --? Chair Sarnofff. I move to defer. Vice Chair Carollo: Motion by Chairman -- Commissioner Suarez: Second. Commissioner Dunn: Second. Vice Chair Carollo: -- Sarnoff, seconded by Commissioner Dunn. Any discussion? Commissioner Dunn: No. Vice Chair Carollo: Hearing none, all in favor -- Commissioner Gort. Commissioner Gort: I'm sorry. I do have a question. My understanding is the total funds allocated will be not to maximize -- the maximum is 2 million -- Ms. Bravo: Correct. The -- Commissioner Gort: That figure, how much has been used already? Ms. Bravo: The amount that's already been used is the amount reflected above, the 125, 562, and then there's the 126,000 for the playground equipment. So aside from those two amounts, we're establishing a contingency to complete the project, and that contingency amount is what we're proposing to increase from the amount shown here by the amount needed for the De Hostos Senior Center area in the building. Chair Sarnofff. The original contract amount on that was, forgive me, 1.2 million? Ms. Bravo: One point seven five million with a contingency amount of $175, 000, for a total of 1.925 million. Vice Chair Carollo: And Mr. Assistant City Attorney -- I'm sorry, Assistant City Manager. Johnny Martinez (Assistant City Manager/Chief of Infrastructure): The original project had like a shell built because they didn't know the use, whether it was going to be a child care or an elderly center. So it was built, but the interior was not defined or built out. Now we know it's going to be the elderly center is going to move in there, the De Hostos. Is that how you pronounce it? Ms. Bravo: De Hostos seniors. City ofMiami Page 43 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Mr. Martinez: So what Alice is doing is increasing the contingency so that when those -- that's designed, we can go ahead and go forward and construct it. Vice Chair Carollo: Well, I'll tell you what, you know, in all fairness, you're getting two bites at the apple because you bought this to us the first time. I think one of my colleagues wishes to discuss it, probably with the Administration, in length. So I say we go ahead and take a vote. I'm going to call the question. You know, let's take a vote on this for a deferral, and then I think, you know, you could -- you have ample time to meet with the Chairman with regards to this issue. And it's going to be deferred to what meeting, Commissioners -- the maker? Commissioner Gort: The maker. Chair Sarnoff. Let's do it to October 28. Vice Chair Carollo: October 28. Priscilla A. Thompson (City Clerk): So it's continued. Vice Chair Carollo: You okay with that, Madam City Clerk? Ms. Thompson: Yes. Thank you. Vice Chair Carollo: Any further discussion? Hearing none, all in favor, say "aye. The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition has the same right to say "nay. " Motion carries unanimously. Thank you. [Later..] Vice Chair Carollo: And -- Chair Sarnoff. I have a little bad news for you. Apparently, PH.8 must be heard. Ms. Bravo: Andl apologize. I didn't understand that -- Vice Chair Carollo: More bad news for you. I was okay with it. Ms. Bravo: -- the consideration of the modification would wipe out the previous approval and the previous approval does contain the amounts that we need to at least get a certificate of occupancy on the original project. So if we could have the approval on the original item, and then I'll come back with a completely different item for the consideration of the senior center area. Vice Chair Carollo: Okay, hold on, hold on, hold on. So I want to verify. You need the approval of the item as it is? Ms. Bravo: At least that. Vice Chair Carollo: As is. Ms. Bravo: Of the original amount. Vice Chair Carollo: And then you will come back to us. City ofMiami Page 44 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Ms. Bravo: With a separate item. Vice Chair Carollo: Okay. So what we have is then -- Madam City Clerk. Ms. Thompson: It sounds to me what we're doing now is going back to your original adoption of the resolution as presented with no modifications. Is that what I'm hearing? Ms. Bravo: Correct. Chair Sarnofff. Do we need --? Just to help out, do we need to do anything with the deferral? Ms. Thompson: No. Chair Sarnofff. You need to reconsider the deferral? Ms. Thompson: No, no, no. Chair Sarnofff. Okay, just checking. Vice Chair Carollo: No. Ms. Thompson: No. Vice Chair Carollo: Okay. Can we then take a vote on it? Is there a motion to pass PH.8 as it reads in -- Commissioner Dunn: So move. Vice Chair Carollo: -- your resolution? Vice Chair Carollo: Motion by Commissioner Dunn. Is there a second? Commissioner Gort: Second. Vice Chair Carollo: Second by Commissioner Gort. Any discussion? Commissioner Sarnoff, no? Okay. Chair Sarnofff. I've never felt so burned in all my life. Vice Chair Carollo: Okay, with that said, any further discussion? Let's take a vote. All in favor, say "aye." Commissioner Gort: Aye. Vice Chair Carollo: Aye. Chair Sarnofff. Register -- Vice Chair Carollo: Anyone in opposition -- Chair Sarnofff. -- no. Vice Chair Carollo: One no. And motion carries -- actually, not unanimously, 3-1. City ofMiami Page 45 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Ms. Thompson: And that means that this item is -- Commissioner Gort: It failed. Ms. Thompson: No, no, no, no, no. It passed. Vice Chair Carollo: It passed. Ms. Thompson: It passed. Vice Chair Carollo: It passed. Ms. Thompson: Wait a minute. Hold on. Let me -- Commissioner Gort: Don't you need four fifths? Ms. Thompson: -- make sure if it's a four fifths. Commissioner Gort: You need four fifth on this one. Ms. Thompson: Hold on. No. Ms. Bravo: No. Ms. Thompson: PH.8 is not -- Vice Chair Carollo: Does not. Commissioner Gort: No? Ms. Thompson: -- a four fifths. Commissioner Gort: You lucked out. Commissioner Dunn: It's not. Vice Chair Carollo: Okay, so -- Ms. Thompson: And that means this item will not come back -- Ms. Bravo: Correct. Ms. Thompson: -- on the 28th because you've just acted on it. Vice Chair Carollo: Exactly. Ms. Thompson: Okay. Vice Chair Carollo: Now you will come back to us with another item -- Ms. Bravo: With a new item. Vice Chair Carollo: -- separate that was -- and that will be -- Ms. Bravo: Correct. City ofMiami Page 46 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PH.9 10-01053 Department of Capital Improvements Program Vice Chair Carollo: -- addressed later on. Commissioner Dunn: All right. Vice Chair Carollo: Okay. Thank you, Ms. Bravo. Ms. Bravo: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES PURSUANT TO SECTIONS 18-87 AND 18-90, AND FLORIDA STATUTES SECTION 287.055; RETROACTIVELY AUTHORIZING ADDITIONAL SERVICES PERFORMED FOR THE JOSE MARTI GYMNASIUM PROJECT, B-35857, IN THE AMOUNT OF $69,890 AND THE LITTLE HAITI CULTURAL CENTER, B-30295, IN THE AMOUNT OF $91,191; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECT, SUBJECT TO BUDGETARY APPROVAL. 10-01053 Summary Form.pdf 10-01053 Bid Waiver Memo.pdf 10-01053 Public Notice.pdf 10-01053 Pre Legislation and backup documents.pdf 10-01053 Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0416 Chair Sarnoff PH.9. Alice Bravo (Director, Capital Improvement Programs): Okay. PH.9 is related to a design contract with the design firm Zyscovich who was performing the design services for the Jose Marti Park Gymnasium project and the Little Haiti Park Cultural Center. So during the course of the design of these two projects, they were requested to do redesigns and additional designs both to accommodate City -requested changes and as well as to address unforeseen conditions. And additionally, there's extended construction time of which the amounts have been negotiated. So we're here to request basically the approval of the retroactive amounts for both projects. The first Jose Marti would be 69,890 and the Little Haiti Cultural Center will be 91,191 and this is retroactive. Since these projects are complete, we're not requesting any future capacity. And technically, their contract expired when the construction work was completed and therefore, we needed to bring this here as a retroactive item. Chair Sarnoff How long has this been -- when did those construction projects complete? Ms. Bravo: I think in the terms of the Little Haiti, it's been very recently, and the Jose Marti goes back at least a year. Chair Sarnoff Okay. Let me open up a public hearing. Anybody wishing to be heard on PH.9, City ofMiami Page 47 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PH.10 10-01097 Department of Capital Improvements Program please step up. PH.9. Hearing none, seeing none, public hearing is now closed; coming back to this Commission. Is there a motion? Commissioner Suarez: Move it. So move. Chair Sarnoff Motion by Commissioner Suarez. Vice Chair Carollo: Second. Chair Sarnoff Second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, incorporating all of our comments from all previous PHs (Public Hearings) into this one for the record, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-85 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS STATED HEREIN; APPROVING THE USE OF COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN AGREEMENT FOR PRE -ARRANGED TRANSPORTATION SERVICES FOR LOW TO MODERATE INCOME ELDERLY AND DISABLED MIAMI RESIDENTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT BETWEEN THE CITY OF MIAMI AND ACTION COMMUNITY CENTER, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR PRE -ARRANGED TRANSPORTATION SERVICES; PROVIDING FOR FOUR (4) ADDITIONAL ONE (1) YEAR EXTENSIONS, SUBJECT TO CITY COMMISSION APPROVAL AND THE AVAILABILITY OF FUNDS; ALLOCATING FUNDS, IN THE AMOUNT OF $142,605, FOR FISCAL YEAR 2009-2010, AND FUNDS IN THE AMOUNT OF $350,000, FOR FISCAL YEAR 2010-2011, FOR A TOTAL AMOUNT NOT TO EXCEED $492, 605, FROM TRANSPORTATION AND TRANSIT SPECIAL REVENUE FUND 122001, ORACLE FUND 15600, CAPITAL IMPROVEMENT AND TRANSPORTATION PROJECT. 10-01097 Summary Form.pdf 10-01097 Bid Waiver Memo.pdf 10-01097 Public Notice.pdf 10-01097 Legislation. pdf 10-01097-Exhibit-S U B. pdf 10-01097-Memo-City Manager -Substitution for Item PH.10-Revisions to Grant Agreement. pdf 10-01097 Legislationl0-28-10.pdf 10-01097 Exhibit 10-28-10.pdf SPONSOR: COMMISSIONER GORT Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. City ofMiami Page 48 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff. PH.10. Alice Bravo (Director, Capital Improvement Programs): PH.10. For the record, PH.10, we've provided a substitution on some of the contractual language comments that were made by our Legal Department, which have been distributed to the City Clerk. So this is a resolution to approve funding to execute grant agreements with Action Community Center for the provision of prearranged transportation services; funding for the fiscal year 2009-2010 is in the amount of $142,605 and establishing the budget for fiscal year 2010-2011 in the amount of $350, 000. Chair Sarnoff. I was just handed about a -- Vice Chair Carollo: That's within the five-day rule. No? Ms. Bravo: Well, the amendments are in the memo in the front page and attached to that is the entire agreement that was provided with the agenda package reflecting those amendments on the first page. Chair Sarnoff. All right. Anybody wish to be addressed [sicg? Vice Chair Carollo: Sure. Mariano Cruz: Public hearing. Chair Sarnoff. Wait, wait, wait. No public hearing yet. I want to hear if any of the Commissioners want to address anything before I open up a public hearing. Vice Chair Carollo: I don't know if probably defer this or if we actually are going to listen to this and then, you know, discuss it. I mean, I have issues with PH.10, so -- Chair Sarnoff. Does anybody have issues with being handed something right now? Vice Chair Carollo: I think it's something we've been, you know, stating. I mean -- Chair Sarnoff. Do you want to table this, read it, bring it back, or do you want to address it? I don't mind addressing it now. Commissioner Gort: I'd like to discuss it now. Chair Sarnoff. All right. So let's -- all right, let me open a public hearing. Public hearing on PH.10, please step up if you wish to be heard on PH.10. Mr. Cruz, you are recognized for the record. Mr. Cruz: Yes. Mariano Cruz, 1227 26th Street. I am glad that a mistake, an error that was done in the previous (UNINTELLIGIBLE) addressed the public service of CDBG (Community Development Block Grant) that Action was left out of that (UNINTELLIGIBLE). I was associated with Action. I was in 1977 a social worker with Little Havana Activities Center and they were doing already work at the time. Almost 40 years they've been working there. Andl was associated too with Octavio Blanco, the late Octavio Blanco, and (UNINTELLIGIBLE) 12:14:45 we were union organizers with the (UNINTELLIGIBLE) Brotherhood (UNINTELLIGIBLE) and we worked together in many different things for the City. And Action, you get a lot of people because they go -- they take care of the Allapattah Community Action people there. And a lot of the people, they working there no salary now. They've been working for nothing, whatever is. And Mrs. Albo, that was in charge, almost died. She had to be taken to the hospital because that's -- you know, that's why I stopped being a social worker because you City ofMiami Page 49 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 have to come here and beg and do everything. Pray for the money when you doing a service to the people there, to the poor people. And no, we go to the MRC (Miami Riverside Center) and we going to discuss where we going to have lunch today. We going to Garcia, we go to Casablanca or we go to Finnegan or whatever or Mary Brickell. Come on, that's most of the worries of the people in the MRC, okay. They don't worry about the little people on the street and they don't even go to eat and they got to save something for the nighttime. No. Andl was a social worker. I love being a social worker, but I couldn't be because I had to put four children through college, so I got to be in business. I got to leave that. Andl study social worker. I am still a social worker because this work I'm doing here is social work for the business and for the little people that can't be here and that's their money. Andl don't pay City taxes or County taxes. Chair Sarnoff And in conclusion. Mr. Cruz: Thank you. Chair Sarnoff Thank you. Mr. Cruz: I am for all of this. Chair Sarnoff Thank you. Mr. Cruz: That should be CDBG money because I pay a lot of money in federal taxes. Maybe I don't pay any money in City taxes. Chair Sarnoff Thank you. Anyone else wishing to be heard on PH.10, please step up. Hearing none, seeing none, the public hearing is now closed; coming back to the Commission. Is there a motion for discussion? Commissioner Gort: I'll make the motion for discussion. Chair Sarnoff Commissioner Gort makes a motion. Is there a second? Commissioner Dunn: Second. Chair Sarnoff Second by Commissioner Dunn. Who wishes to be recognized? Vice Chair Carollo: I will for a second, then we'll get back to the motion, ifI could, Mr. Chairman? Chair Sarnoff Vice Chair is recognized. Vice Chair Carollo: The one thing that I wanted to mention before we get into the details of this resolution is that, you know, Mr. Cruz said about the people in MRC andl understand his frustration, but we're going to balance this coming year's budget on those people in MRC because the employees of the City ofMiami are going to take an $80 million hit between salaries, pensions, insurance, and so forth. So I just wanted to put that for the record that even though I understand your frustration -- I mean, in all fairness, we are going to balance next year's budget on all those people in MRC and all those people that provide public services -- so you know, I think we should also treat them with a little bit of respect. And with that said, I'll yield to Commissioner Gort and then we'll discuss the merits of this resolution. Chair Sarnoff Commissioner Gort, you're recognized for the record. Commissioner Gort: Well, Mr. Vice Chairman, I'm glad you brought that point up because I City ofMiami Page 50 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 think that's very important, people understand that one of the reasons we'll be able to balance it is because of the sacrifice by a lot of the people that work for the City ofMiami. In talking about this, Action is the -- it's transportation and non -for -profit services; been providing services in the Allapattah area and Little Havana for a long time. A lot of our senior citizens did that, they used the Allapattah senior center to utilize this transportation in order to be able to go to the center and get some food get some entertainment, and be able to get back home, and that's the reason why I support this. They've been doing it very efficient for a long time. They have their routes. They know their clients. And they do a good work. Unfortunate for some reason, you have a lot of them, they've been working for free at this time because they want to maintain the services for their community. That's it. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Yeah. Is their representative here today? Because I think the last time that we -- Commissioner Gort: I don't think they were -- Commissioner Suarez: -- talked about this, a representative came in, the Vice Chairman had some detailed questions about -- Commissioner Gort: Right. Commissioner Suarez: -- audit -- their audit and whether or not they were a going concern. And I have a question on a grant that they have as a line item here and it doesn't seem to reflect the information that I have so -- I mean, I don't know. Are they here? Is there anyone here from their organization? Commissioner Gort: I don't think so. Were they notified? Vice Chair Carollo: I mean, I think if they're looking to seek $500, 000 for two years with a no -bid contract, I think they should know, I think they should be here. That's my personal opinion. Commissioner Suarez: Not only that, butt haven't had a chance -- andl think -- from the last time that we dealt with this issue, I think the Vice Chairman was very clear that -- andl do see some more detail, by the way, on their information than what we got the first time. But think the message that was sent was not only did we need this detail, but we need to sit down and go over it and we need to make sure that, for example, he expressed a concern about how many constituents in his district were being served. Those are all legitimate concerns. So I don't feel ready to vote on this item without having an opportunity to meet with representatives from the company. They're not here today to answer questions on their budget. I mean, is it -- do we have to vote on this today? I mean, is it necessary? Commissioner Gort: Can we table it and come back this afternoon; ask them to be here? I don't know if they were told to be here; the issue was going to be here today. Chair Sarnoff Well, to be honest with you, I'd like to sit down and work with this Administration because if you look at what was given to us in the past -- andl suspect you have -- and what was given to us today and representations that were made to us on the record at the last hearing in the meeting, everything doesn't line up. Vice Chair Carollo: Exactly. I mean, not only that. I've known we've received a lot of bad press with regards to using certain funding sources and from not allowable means and so forth, andl think that using this transportation dollars from the special revenue fund has not been cleared City ofMiami Page 51 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 with the County. I think the County has taken the position that we need to go to a County referendum in order for this to be approved. So right off the bag [sic], why would --? It seems to me in the past, we've tried to stay away from litigation, which I guess is always a good thing, but at the same time, why -- if the County has expressed that we should not use this type of funding for this transportation, why would we go against that and risk litigation? I mean, not to mention bad press. Ms. Bravo: On that one point, I would like to add that these funds were used for this purpose in the past and, you know -- basically, these funds are forwarded to the City and then later audited by the County and it wasn't an issue. And then earlier this year state legislation was passed that succinctly authorized the use of these funds for this purpose. And the County has not issued a formal legal opinion. That was like one person's informal opinion. Vice Chair Carollo: So -- but the bottom line, the County hasn't given a green light on this? Ms. Bravo: Well, we -- in reviewing the matter, we feel that the state legislation is what governs. The one person that perhaps speculated that at the County was referring to the ballot language. When we checked the ballot language, the issue that they were raising was not in the ballot language, so we've reviewed this. I feel comfortable. Vice Chair Carollo: I can tell you thatl know that there was going to be specific legislation in the County for various items to go to a referendum. It actually didn't make it to the Commission. But I believe there's people in the County that believe that it needs to go to a public referendum prior to us using these fundings [sic]. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you. I think also there's two things going on here. I think -- this is obviously a long-standing organization that has done a lot of good for our community. That's -- I don't think that's being disputed. You know, the fact that they have had drivers and others who have worked for free and given services for free in this very, very difficult time is something also that's not being disputed. And that I feel that we are recognizing as the positives that this organization brings to the table. I think you can still separate all that from fiscal accountability; from, you know, coming before the board and explaining how they're going to meet their budget, whether they're going to be a going concern. There's a couple of line items here thatl have specific questions on. You would have thought that from the first round of dialogue that we had with them that they would -- I know that they provided more detail, but that they should have -- not only that, they should be here today. But not only that, they should have come and visited with us, you know, prior to the meeting; and particularly given the concerns that were expressed then, address those concerns before we take a -- you know, make a vote on this decision. Ms. Bravo: We could contact them to see if they could come later today, if that helps? Chair Sarnoff I don't think that's -- but I don't think that's the answer. Commissioner Gort: I think we should continue it -- Chair Sarnoff I agree. Commissioner Gort: -- if it's okay? And I'll change my motion to continue it. Chair Sarnoff All right, so we have a withdrawal of the motion, andl think we have a motion to continue this for when? City ofMiami Page 52 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PH.11 10-01070 Department of Parks and Recreation Commissioner Gort: Next meeting. Vice Chair Carollo: Yeah, the next -- Commissioner Gort: Give them a chance to meet with the Commission and explain to them. Vice Chair Carollo: -- like meeting. Chair Sarnoff The next like meeting would be when, Madam Clerk? Priscilla A. Thompson (City Clerk): October 28. Chair Sarnoff All right. So we have a motion to continue for -- to October 28. Commissioner Dunn: Second. Chair Sarnoff We have a second by Commissioner Dunn. Any further discussion? All in favor, please say iiye. " The Commission (Collectively): Aye. Chair Sarnoff Okay. I'll tell you what, PZ (Planning & Zoning), folks, you're not going to make it through the lunch so you may as well go. You guys want to try to move a little -- couple more things? Commissioner Gort: Yeah. Chair Sarnoff Let's go -- let's see if we can get the first readings done. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A) (3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT AMIGOS TOGETHER FOR KIDS, INC. D/B/AAMIGOS FOR KIDS, ARTS FOR LEARNING/MIAMI, INC., AND MIAMI-DADE FAMILY LEARNING PARTNERSHIP, INC., ALL FLORIDA NOT -FOR -PROFIT CORPORATIONS, ARE THE MOST QUALIFIED FIRMS TO PROVIDE INSTRUCTION, FAMILY ACTIVITIES, MENTORING, COMMUNITY WORKSHOPS, AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH EDUCATIONAL AND PARK SERVICES AT JUAN PABLO DUARTE PARK, SHENANDOAH PARK, JOSE MARTI PARK, WEST END PARK, AND AFRICAN SQUARE PARK FOR THE HEART OF OUR PARKS SCHOOL YEAR OUT OF SCHOOL PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN COMPLIANCE WITH THE RELATED City ofMiami Page 53 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 ATTACHED FORM OF THE CHILDREN'S TRUST CONTRACT, RESPECTIVELY, WITH: AMIGOS TOGETHER FOR KIDS, INC. D/B/A AMIGOS FOR KIDS IN AN AMOUNT NOT TO EXCEED $82,500.00, ARTS FOR LEARNING/MIAMI, INC. IN AN AMOUNT NOT TO EXCEED $48,620.80, AND MIAMI-DADE FAMILY LEARNING PARTNERSHIP, INC. IN AN AMOUNT NOT TO EXCEED $84,742.12, EACH FORA PERIOD COMMENCING AUGUST 1, 2010 THROUGH JULY 31, 2011,WITH THE OPTION TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT TO EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITONS. 10-01070 Summary Form.pdf 10-01070 Legislation. pdf 10-01070 Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0405 Chair Sarnoff There is a companion item to CA.4, PH.11, that you may want to take up simultaneous 'cause that is, I believe, where the money is going. I am correct on that, right, Mr. Manager? Carlos A. Migoya (City Manager): PH.11? Chair Sarnoff PH.11. Mr. Migoya: That is correct, sir. Chair Sarnoff It may make sense for us to do this at the same time. So we've just approved CA.4, CA.5, but CA.4 is the actual requirement for the ratification. Is there anyone wishing to move PH.11? Commissioner Gort: Move it. Chair Sarnoff All right, motion by Commissioner Gort -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Let me open up a public hearing. Anyone wishing to be heard on PH.11, and I'll -- of course, Mr. Cruz will be up there. But let me just say it is the Miami Parks Department and Recreation for Amigos Together. So I -- just so everybody understands, we're moving from CA.4, CA. 5 to PH.11. Mr. Cruz, you're recognized. Mariano Cruz: No. On PH.11 -- Mariano Cruz, 1227 26 Street. I've been associated with Parks many years, many years. You know, working -- why I was the only person here lobbying for park when the Park [sic] Department was being cannibalized to put money in the Police Department, you know, and all that. Now everybody's for Parks, green, all that. But also I am glad to see that some of my tax money -- 'cause I pay very little. I pay -- to the Children's Trust I pay. I pay -- some of that money is coming back to us because sometimes we are a donor. We don't -- we give money, but we don't get back anything. We give $10 and we get back maybe $1 of that -- at least, I'm glad to see that money is going -- and me, I go to Duarte Park as being what use -- and now finally, it's going to be a lot of repair done. The only thing we need now in Duarte Park is one Dominican working in a Dominican park. There is no Dominicans working at the Dominican park. You know, that's something. Try to put somebody from Liberty City in Jose City ofMiami Page 54 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Marti Park and you will see or somebody from Little Havana in Liberty City, okay? There is no Dominican working at that park. Thank you. Chair Sarnoff Thank you. Commissioner Gort: So you're in favor of it? You're in favor of this? Mr. Cruz: Yeah, in favor. Commissioner Gort: Okay, thank you. Chair Sarnoff All right. Anybody else wishing to be heard on PH.11 ? Hearing none, seeing none, coming back to this Commission. I believe we have a motion and we have a second. Any discussion, gentlemen? Vice Chair Carollo: Yes, Mr. Chairman. Chair Sarnoff Vice Chair is recognized. Vice Chair Carollo: Thank you. Question, why do we need a four fifths vote? Robin Jones -Jackson: Robin Jackson, assistant City attorney. Because the City Code has a requirement that if we are having cultural, educational, recreational events in parks that we have a four fifths vote in order to have a waiver because you did not go out for competitive bid. So it's a separate City Code section about not -for -profits assisting the City in parks. And the Code requirement is stated right there. I'd be glad to provide you a copy of the Code section. Vice Chair Carollo: Why didn't we go out to competitive bidding? Ms. Jones -Jackson: My understanding is that with this, you have a number of community organizations that routinely come to the City, apply to work on it; the City works through this; the Parks Manager and Parks director make recommendations on it; and this is how the process has gone. And I'll ask Ernest if he'd like to talk about the history of the people that have worked on the projects. Chair Sarnoff You're recognized for the record. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. Your question is. Vice Chair Carollo: The question is why didn't we go out for procurement? Why are we automatically going to give these contracts to the companies that are stated here? Why not go out to procurement? Mr. Burkeen: Because it's been an established program for the last five years. They've performed exactly the way we've wanted to. There's a lot of rules and regulations with Children's Trust. These people are used to it. And if, in fact, we don't comply with these things, then we would lose money. So we have -- we know that these people can comply. They have the necessary people, the expertise, the skill, and they have performed in that manner. Vice Chair Carollo: Well, I don't know if they can comply or not, and guess you're telling me they can. However, I always think competition is good. And if they can comply and they're all that good, then they should have no problem going to procurement and beating out the other companies. That's the way I see it. It's not just a rubber stamp that they're going to get it year after year. As a matter of fact, I'll tell you, I went to Jose Marti Park andl was disappointed with whatl saw. I actually spoke to the Mayor about it. And if you recall, Mr. Mayor, we spoke City ofMiami Page 55 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 about this. So you know, I -- and now I see automatically that, once again, we're not going out to procurement; you know, we're rubber stamping this and they get it year after year. I think, in all fairness, there should be some competition out there, you know. I thought, you know, we were doing away with the way it's done in the past where there is no procurement process and it gets automatically awarded every year. So you know, that's the issue I have with this. I would have liked to have seen -- instead of a four fifth, I would have liked to have seen a procurement process. Dorcas Perez: Dorcas Perez, Grants administration. The Children's Trust applications require that we name who the partners will be at the time of application, so that is the competitive process in that we name the partners that we would be working with at the time of application. Based on that, they would recommend for the award or not. Vice Chair Carollo: So in other words -- andl don't want to say it was lack of planning, but before you fill out the application, you didn't have a procurement process to see if we could have had a better partner. Ms. Perez: The application process, we basically choose based on what the best practice is, the organizations that are providing the services that the Trust -- the funder is requiring, and that's how they're selected. Vice Chair Carollo: So there was a procurement process? Did you put it out and -- Ms. Perez: No. Vice Chair Carollo: -- have different organizations apply for that funding? Ms. Perez: No. Vice Chair Carollo: No. So -- Ms. Perez: It's a grant application, so there's no time, you know, before the application goes in to do a procurement process. Vice Chair Carollo: -- we don't know if there's companies out there that could actually service our parks a little bit better? Ms. Perez: These are the organizations that are in the community that are doing these services. For example, you know, arts organizations, they're the ones that are doing the work. Vice Chair Carollo: And in all fairness, I not only went to the park in my district, which, in all fairness -- it's ironic 'cause there's -- one of the very few times that one of the parks in my district is actually getting a piece of the pie, but with that said -- andl went to some of the other parks, and I'll be honest with you, I saw a big difference in service, you know. I was amazed at the difference in service. So some of these companies are doing a very good job, but others are not. And like I said, I clearly saw the difference. So I'm wondering why are we just giving it to them again. I think, you know, maybe we should do a little bit better planning and before we apply for the grant, we put out some type of procurement to see what else is out there and again, you know, give better services to the residents of this community. Commissioner Gort: Mr. Chairman. Chair Sarnoff. You're recognized. City ofMiami Page 56 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Commissioner Gort: Commissioner Carollo, I understand where you're coming from. I think you're right. But at the same time, I think what it is, this is a specific funds that come with certain criterias and certain guidelines. So what he's suggesting, I think agree with it. Before -- maybe -- already come up with an RFP (Request for Proposals) for next year's and the people who have to comply with the criterias and the necessary documentation that is required by the grantor. And while I have you there, I see in CAs (Consent Agendas), we have quite a few grants that we're going to be receiving, andl just want to make sure that we have all the documentations to make sure that we get reimbursed and not like in the past. A lot of times we missed a lot of reimbursements. So I want to make sure we have everything that -- there's so many criterias and guidelines here, especially from DOT (Department of Transportation), they're very specific, and if we fail to comply with it, we can be penalized, so -- Commissioner Suarez: Mr. Chairman, ifI may? Commissioner Gort: Thank you. Chair Sarnoff. Suarez -- Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. I agree with the Vice Chairman's sentiments. I think, if these are the best agencies, they'll win a competitive process. If -- you know, if the issue is a timing thing, then we need to back out of that -- Ms. Perez: Right. Commissioner Suarez: -- and start the process earlier next year. We don't want to lose the money, I don't think, this year. But you know, I agree with the Vice Chairman. And by the way, that should be citywide. I mean, I think that's something that we've all expressed an issue on, that we should have as much competition as possible and that we -- it should not just be a rollover type of situation where everyone keeps getting contracts. That's not good on a variety of levels. So I -- I'm completely supportive of that. Mr. Burkeen: I hear and understand what you're saying, andl just want to say this. Remember, this process is a Children's Trust process, and those rules change whenever they decide to make those change, which means that we don't always have time to react to them. And l just want to point that out to you. This is not our program. I mean, we go according to their rules. Chair Sarnoff. So are you saying then to this Commission that based on the criteria set by the Children's Trust, there is not enough time for a competitive bid process? Mr. Burkeen: What I'm saying is that frequently, we have problems coordinating this, andl think Robin can tell you that we -- that getting things done is not always timely. In fact, it's frequently late. And so when you're at the disposal of someone else, you don't control everything. But I understand what you're saying, andl think we will endeavor to do that. Carlos A. Migoya (City Manager): Organizationally, so you understand, the grants are given by the Children's Trust to the individual organizations. So what's happening is the selection process of these institutions are done by the Children's Trust under the grants from a quality perspective. So once the grants are given, we then -- we downstream it down to the projects themselves as far as the different parks with those organizations that already got the grants. So the reason why we waive the bid process is because these organizations were already selected by the grants under the Children's Trust to provide these programs. Chair Sarnoff. Well -- Commissioner Gort: That's a different ballgame. City ofMiami Page 57 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Mr. Migoya: So if we want to make sure that we have the right organizations, we have to be -- bring this into the Children's Trust process and not just in our process because by the time we get into the picture -- Chair Sarnoff. But -- Mr. Migoya: -- it's already done. Chair Sarnoff. -- Mr. Manager, in all candor -- Commissioner Gort: That's a different ballgame. Chair Sarnoff. -- I mean, you have a brand-new facility built in his district, Jose Marti Park, probably one of nicest facilities in the City ofMiami, which apparently is being run in large part by an organization that he doesn't think is doing a good job. So a Commissioner before him and now he has a good fortune of having one of those state -of the -art parks in the City of Miami. We spent our taxpayer dollars for this facility. This facility is being run by somebody that he -- and I'm not -- I haven't been there. I've only been there twice. -- but he doesn't feel like it's being -- or running it correctly. Why should his hands be tied so that he can't find a new -- ? Mr. Migoya: They're not tied, sir. Going back to -- I think Commissioner Gort brought up the best point, is that if Commissioner Carollo or any one of you or any one of us, any one feels that the organization is not doing the right, you know, job in those -- we need to provide that input to the Children's Trust to make sure that during the grant process, we have the right people and we have the right measurements as to how these programs are going to be measured. Commissioner Suarez: Mr. Chairman. Chair Sarnoff. You're recognized for the record -- Commissioner Suarez: Don't we -- Chair Sarnoff. -- Commissioner Suarez. Commissioner Suarez: -- proffer the names, though, in the application? Andl think that's what the Vice Chairman is saying, that how do we get to the point where we proffer these names if there's not a competitive process by which we choose the people who we proffer along with a grant? Ms. Perez: Correct. And we welcome -- Commissioner Suarez: And I think that's the issue that he has and I agree with him; that, you know, competition will bring out the best. And if they are the best, then they'll continue to get -- you know, to be chosen to be put on the grant application. Ms. Perez: Correct. And we can go ahead and -- Commissioner, go ahead. Vice Chair Carollo: No. I just wanted to say not to mention that we're providing a 188,000 or 189,000 in in -kind services, so it's not just, you know -- we are providing services. Ms. Perez: And we definitely welcome your feedback on -- if these partners are not up to your liking, let us know and we can definitely for the next application look for different partnerships that would be better. City ofMiami Page 58 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoft Commissioner Gort. Commissioner Gort: I need a point of clarification. I was under the impression that we had the selections. My understanding, what you're saying is the Children's Trust is the one that selects the people to provide the -- do we have any input at all? Vice Chair Carollo: No. Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: Well -- Ms. Perez: Go ahead. Vice Chair Carollo: I'll let you answer. I was going to answer, but I'll let, you know -- Ms. Perez: We provide the application with the partners that we have selected as the City, and then the Children's Trust makes decisions based on the application we put forth and the qualifications of the partner. Commissioner Gort: The original selection is done by us. Okay. Ms. Perez: Correct. Commissioner Gort: Then we can do -- okay. Ms. Perez: Correct. Commissioner Gort: Gotcha. Vice Chair Carollo: And that's the reason why I wanted to put it up for procurement -- Commissioner Gort: Right, yeah. Vice Chair Carollo: -- so there'll be competition, you know, and get the best quality. And like you said, if they really are that good and so forth, then they should have no problem beating out everybody else. Ms. Perez: What we can do is definitely canvass for the grant applications that we know are going to be requiring certain types of partnerships. You know, in the instance where we have two weeks to put in a grant application, that might be a little difficult -- Chair Sarnoff Yeah, but -- Ms. Perez: -- but otherwise -- Chair Sarnoff -- we're funding this for next fiscal year, right? Vice Chair Carollo: Right. Ms. Perez: Right. Chair Sarnoff So how 'bout [sic] in May of next year, you turn around and you say, you know what? Let's do a mini RFP (Request for Proposals). Who else wants to go to Jose Marti Park? Who else wants to go to -- I'm just going to pick parks -- Little Haiti Park? Who else --? City ofMiami Page 59 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 SR.1 10-00739 Honorable Mayor Tomas Regalado Vice Chair Carollo: (UNINTET,T IGIBT,F) Park and so forth. Chair Sarnoff Whatever. I mean -- and maybe their -- I hate to say this, but there are so many people out of work and so many people changing what they do for a living, you could have lawyers, doctors who say, you know what? I don't want to -- longer want to have a corporate life. I want to help my community. They're so well organized, so they're so well thought out. They might be new, but they might be better than what's out there. And all he's saying is -- Ms. Perez: Understood. Chair Sarnoff -- give them the opportunity. Vice Chair Carollo: Right. That's it. Ms. Perez: Makes sense. Chair Sarnoff All right. So we have to approve this by four fifths to make sure we get the Children's Trust money. Ms. Perez: Yes. Chair Sarnoff Okay. All right, I think closed the public hearing. Am I correct? Commissioner Gort: Yes. Chair Sarnoff Any further discussion, gentlemen? Hearing no discussion, do you want to do this by roll call so you have a four --? No? All right, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Okay, you got your four fifths. END OF PUBLIC HEARINGS ORDINANCE - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CURRENTLY ENTITLED "COIN -OPERATED MACHINES AND ESTABLISHMENTS," BY AMENDING THE TITLE TO "AMUSEMENT GAMES OR MACHINES," CLARIFYING EXISTING LANGUAGE, ADDING DEFINITIONS, CREATING A LICENSING STRUCTURE AND REGULATORY SCHEME, PROVIDING FOR ENFORCEMENT AND PENALTIES, AND PROHIBITING UNAUTHORIZED AMUSEMENT GAMES OR MACHINES; AMENDING CHAPTER 31/ARTICLE II OF THE CITY CODE ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)," MORE PARTICULARLY BY AMENDING SECTION 31-50, ENTITLED "SCHEDULE OF ESTABLISHED BTR'S," BY DELETING AN ESTABLISHED BTR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 60 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 10-00739 Legislation FR 7-22-10.pdf 10-00739 LEGISLATION FR 9-16-10.pdf 10-00739-Legislation-FR 9-16-10-SUB. pdf 10-00739 Legislation SR 9-23-10.pdf 10-00739-Submittal-District 4.pdf 10-00739 Legislation SR 10-14-10.pdf 10-00739-Submittal-Changes ToThe Legislation Proffered by District 4.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II FR.1 10-01022 City Manager's Office Note for the record: Item SR.1 was deferred to the Commission Meeting currently scheduled for October 14, 2010. END OF ORDINANCE - SECOND READING ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST", MORE PARTICULARLY BY AMENDING SECTION 40-196, THEREBY INCREASING FIREFIGHTERS' MEMBER CONTRIBUTIONS FROM NINE PERCENT TO TEN PERCENT; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-01022 Summary Form FR/SR.pdf 10-01022 Actuarial Lette FR/SR.pdf 10-01022 Legislation FR/SR.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff FR.1. Julie O. Bru (City Attorney): This is an ordinance that's going to amend the Code of the City of Miami to provide for a certain increase to the Fire Fighters and Police Officers Retirement Trust. This is pursuant to an agreement that was reached that concerned the pension stabilization, and the contribution now would be going from -- the existing amount would be increased now to 10 percent for the FIFO (Firefighters and Police Officers) members. Chair Sarnoff All right. Let me open up to a public hearing. Is there anyone from the public wishing to be heard on FR.1? Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort -- Commissioner Suarez: Second. City ofMiami Page 61 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoff. -- second by Commissioner Suarez. Commissioner Suarez: For discussion. Chair Sarnoff. Any discussion, gentlemen? Commissioner Suarez: You know, I hesitate to discuss this item because we're in the middle of negotiations but, you know, I think, you know -- and obviously this is part of our next year's budget, correct? In other words, what we have assumed for here is part of our next year's budget? Okay. I think I'm just going to leave it at that. But, you know, I just -- I want the general public to know that this is an item that is still in the process of its ongoing process that we're in right now, and it's not -- let me just leave it like that. Chair Sarnoff. Anyone else wishing to be heard on FR (First Reading) --? Commissioner Gort: Let me ask a question because I don't see any representatives from the unions here. My understanding, this is a contract that has been done from before. It's an agreement where everyone is in agreement with this item. Larry Spring: Larry Spring, interim director, Employee Relations. This item that's being changed in this pension ordinance is part of the 2007 contract, so this is a step up to their pension contribution that was required because not having met pension stabilization, so this has nothing to do with the negotiations that we have going on right now. Chair Sarnoff. They didn't meet -- they didn't reach the benchmarks. Mr. Spring: Right. Chair Sarnoff. All right. Anyone else wishing to discuss this item? Hearing none, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: First reading, yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: First reading, yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff Yes. Ms. Thompson: The ordinance has been passed on first reading, 5-0. City ofMiami Page 62 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 FR.2 10-01094 Department of Planning FR.3 10-01051 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 62, ENTITLED "ZONING AND PLANNING" TO UPDATE SECTION 62-31 "APPLICATIONS FOR PLAN AMENDMENTS", ALIGNING THE DATE FOR COMPREHENSIVE PLAN AMENDMENTS AND MIAMI 21 ATLAS AMENDMENTS WITH THE OBJECTIVE OF FULLY UTILIZING THE TWO (2) PLAN AMENDMENT OPPORTUNITIES IN A CALENDAR YEAR AS PROVIDED BY FLORIDA STATUTES §163.3187, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-01094 Summary Form FR/SR.pdf 10-01094 Legislation FR/SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff FR.2. Harold Ruck (Planner II): Harold Ruck, with the Planning Department. And FR.2 is an ordinance on first reading amending the City Code Section 62-11 -- excuse me, 31 to align the dates for the Comprehensive Plan amendments and the Miami 21 atlas amendments. It's with the objective offully utilizing the two plan amendment opportunities in a calendar year as provided by Chapter 163.3187. And if you remember the last Commission meeting, there was a resolution that was passed for Miami 21 meetings for the -- October of this year for the atlas and for '011 [sic] as well, and so this will make everything aligned. Do you have any questions? Chair Sarnoff All right. Let me open up a public hearing. Anyone from the public wishing to be heard on FR.2, please step up. Hearing none, seeing none, coming back to this Commission. Is there a motion? Commissioner Suarez: So move. Chair Sarnoff Motion by Commissioner Suarez -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS City ofMiami Page 63 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 AMENDED, ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION AND REPAIR," MORE PARTICULARLY BY AMENDING SECTION 54-42, ENTITLED "EXCAVATIONS," BY CLARIFYING EXISTING LANGUAGE AND CREATING PERMIT REQUIREMENTS FOR EXCAVATIONS THAT AFFECT THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01051 Legislation FR/SR.pdf SPONSOR: CHAIRMAN SARNOFF Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff. FR.3. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. FR.3 is an ordinance change in respect to Chapter 54 of the City Code to address the proliferation of temporary utility markings in the public right-of-way by creating measures to stem the proliferation and address consequences if all those temporary markings are not removed at the end of construction, by limiting the markings of locations for excavations only to active areas where a contractor will be working on. Chair Sarnoff. I just want to say, Zerry, my hat's off to you. You heard the discussion that we had about four months ago. I don't think it took you two weeks to come up with a plan, andl don't even think it took you two weeks after that to draft this ordinance so I want to thank you personally. Because I think downtown and around the Brickell area, it is just patently unfair what we do to our own sidewalks and streets. It's such that whatever we beautify can be undone with a spray can in less than ten minutes, and they should not be allowed to walk away leaving it in the condition that they do. Let me open up to a public hearing. Anybody wishing to be heard on FR. 3, please step up. Mariano Cruz: Public hearing, yeah. Chair Sarnoff. Mr. Cruz, you're recognized for the record. Mr. Cruz: Mariano Cruz, 1227 26 Street, Miami, Florida 33142 (UNINTET,TIGIBT,F). I am for this ordinance, claming and making simple language because people are complaining to me that they go and they don't get the explanation of the nomenclature. I am not against the MRC (Miami Riverside Center) people, but I am against the oh, look at this and say, well the Code say. And they go -- they want to dig something or in the swale, to put a tree there or whatever it is, they don't know. Then they do something and they come and being hit by the (UNINTELLIGIBLE). I am for to be in a clear language. No mumbojumbo. Don't give me no mumbojumbo there that people don't understand and they have to retain Lucia Dougherty or somebody for -- to clam the terms. Now, 'cause lawyers, you know how -- let's make it difficult. That way, they have to come to us. Don't make it difficult Make it simple. As an engineer, two plus two equals four. No. Well, two plus two sometimes is five, sometimes six. No, no, no. I am for the ordinance as long as it is in English language, okay? Vernacular, the way the people talk on the street, whatever it is. Thank you. Chair Sarnoff. Thank you. Anyone else wishing to be heard on FR.3, please step up. Hearing none, seeing none, the public hearing is now closed. Is there a motion? Vice Chair Carollo: So move. City ofMiami Page 64 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Commissioner Suarez: Second. Chair Sarnoff Motion by the Vice Chair -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: The ordinance has been passed on first reading, 5-0. FR.4 ORDINANCE 10-01052 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/USE REGULATIONS ", BY CREATING A NEW SECTION 38-77, ENTITLED "DESIGNATED CHILDREN PLAY AREAS" , PROVIDING THAT AS TO "DESIGNATED CHILDREN PLAY AREAS", ADULTS MUST BE ACCOMPANIED BY A MINOR IN AREAS DESIGNATED AS CHILDREN PLAY AREAS ; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01052 Pre Legislation Miami Beach.pdf 10-01052 Legislation.pdf 10-01052 Legislation 10-28-10.pdf SPONSOR: CHAIRMAN SARNOFF Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff All right, FR.4. Commissioner Suarez: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Suarez: Can I request a deferral on this? Need a -- Chair Sarnoff Sure. Commissioner Suarez: -- little bit more time to look at the statute. Chair Sarnoff Absolutely. All right, so we will bring this up to the next -- continuance, I guess. Is that -- Commissioner Suarez: Yeah. City ofMiami Page 65 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoff -- fair enough? Commissioner Suarez: Whatever you -- Chair Sarnoff Next regular Commission meeting. Commissioner Suarez: -- prefer. Vice Chair Carollo: Make a motion? Priscilla A. Thompson (City Clerk): If you want the regular meeting? Chair Sarnoff Yeah. This is not a rush. Ms. Thompson: Okay. Commissioner Gort: Continue. Ms. Thompson: Okay, so that'll be October 28. Chair Sarnoff Right, October 28. Ms. Thompson: Thank you. Chair Sarnoff That gets Commissioner Suarez's motion, second by -- Vice Chair Carollo: Second. Chair Sarnoff -- the Vice Chair. All in favor, please say iiye. " The Commission (Collectively): Aye. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 10-01023 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS AND RECOMMENDATIONS OF THE EVALUATION COMMITTEE THAT THE SOLE PROPOSER, COMPLETE CONSULTING SERVICES GROUP, LLC, IS DEEMED RESPONSIVE AND RESPONSIBLE, PURSUANT TO THE REQUIREMENTS OF REQUEST FOR PROPOSALS NO. 219225 INCLUDING ALL ADDENDA THERETO (COLLECTIVELY, THE "RFP"); AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND TO EXECUTE AN AGREEMENT, FOR THE PROVISION OF ADMINISTRATION OF THE PARKING SURCHARGE PROGRAM IN ACCORDANCE WITH THE RFP, WITH COMPLETE CONSULTING SERVICES GROUP, LLC, FORA TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR UP TO THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL COMPENSATION AMOUNT BASED ON A PROPOSED FIXED PERCENTAGE City ofMiami Page 66 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 FEE THAT RANGES, UNDER CERTAIN CIRCUMSTANCES, FROM AN AMOUNT NOT TO GO BELOW 3.95% TO AN AMOUNT NOT TO EXCEED 4.50% OF THE TOTAL PARKING SURCHARGE COLLECTIONS; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 00001.160000.531000. 10-01023 Summary Form.pdf 10-01023 Recommendation Evaluation Committee.pdf 10-01023 Legislation.pdf 10-01023 Exhibit.pdf 10-01023 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0417 Chair Sarnoff All right. You wanted to hear RE. 1 ? Go ahead. Diana Gomez: Diana Gomez, Finance director. RE.1 is a resolution of the Miami City Commission accepting the recommendation of the City Manager approving the findings of the evaluation committee pursuant to RFP (Request for Proposals) 219225 with Complete Consulting Services Group, T,T C (Limited Liability Company), for the administration of the parking surcharge program; authorizing the City Manager to negotiate and execute an agreement, in the substantially attached form, for a period of two years with the option to renew for three additional one-year periods with compensation being proposed on a fixed percentage fee that ranges from 3.95 percent to 4.5 percent of the total parking surcharge collections. Chair Sarnoff All right. Commissioner Suarez: So move. Commissioner Dunn: Second. Chair Sarnoff We have a motion by the Vice -- by Commissioner Suarez, second by Commissioner Dunn. I don't know if this needs a public hearing, but anybody need -- wanting to hear on RE. 1, please step up. Hearing none, seeing none, coming back to this Commission. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RE.2 RESOLUTION 10-01024 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), ACCEPTING THE RESPONSES RECEIVED AUGUST 13, 2010, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 222246, FROM VARIOUS QUALIFIED PROPOSERS, AS IDENTIFIED ON "EXHIBIT A", ATTACHED AND INCORPORATED, TO PROVIDE COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENTS, WITH THE QUALIFIED PROPOSERS FOR SAID SERVICES, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; FURTHER AUTHORIZING THE ADDITION OF QUALIFIED City ofMiami Page 67 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PROPOSERS (IN THE EVENTANY OF THE FRANCHISES ARE CANCELLED, TERMINATED, OR THE FRANCHISEES OTHERWISE CEASE TO DO BUSINESS OR PROVIDE ADEQUATE SERVICE WITHIN THE CITY), WHO MEET ALL APPLICABLE LAWS, CODES, RULES, AND REGULATIONS, SUBJECT TO CITY COMMISSION APPROVAL. 10-01024 Summary Form.pdf 10-01024Addendum No. 3.pdf 10-01024 Commercial Solid Waste FranchiseAgreement.pdf 10-01024 Southern Waste Systems.pdf 10-01024Addendum No. 2.pdf 10-01024 Legislation.pdf 10-01024 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0419 Chair Sarnoff RE.2? Keith Carswell (Assistant Director, Solid Waste): Good afternoon, Commissioners. Commissioner Dunn: Good afternoon. Mr. Carswell: RE.2 is the awarding of nonexclusive franchise agreements to commercial haulers within the City ofMiami. It's actually in response to RFQ (Request for Qualifications) 222246. We have 22 respondents. Currently we have 15 franchisees operating within the City ofMiami, and we ask that you approve the franchises. Commissioner Suarez: Move it for discussion. Chair Sarnoff All right. We -- Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Dunn. I'm going to open up a public hearing. Anybody wishing to be heard on RE.2, please step up. Hearing none, seeing none, coming back to this Commission. Priscilla A. Thompson (City Clerk): Before you continue -- I apologize, Chair -- but I don't think I got the speaker's name on the record. Mr. Carswell: Keith Carswell, assistant director, Department of Solid Waste. Ms. Thompson: Thank you. Chair Sarnoff Commissioner Suarez, you are recognized for the record. Commissioner Suarez: I just want to commend Mr. Carswell. I finally have an item here thatl can vote in your favor. Mr. Carswell: Okay. City ofMiami Page 68 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 RE.3 10-01123 Office of Strategic Planning, Budgeting, and Performance Commissioner Suarez: But I do -- yeah, right -- but I do -- no. I do want to -- there's something particularly good about this, which is that you're going from 15 to 22, which should increase the competition and should theoretically reduce the price because you have more people competing for the same amount -- same bucket essentially of clients. So I just want to commend you for your efforts in that. Mr. Carswell: Thank you. Chair Sarnofff. All right. Any other Commissioners wish to be heard on RE.2? Hearing none, seeing none, it is a resolution. We have a motion, we have a second. All in favor, gentlemen, please signin, by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS RESOLUTION NO. 10-0276, ADOPTED JUNE 24, 2010 AND AS AMENDED ON SEPTEMBER 16, 2010, TO REVISE CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS AND APPROPRIATE NEW FUNDING . 10-01123 Summary Form.pdf 10-01123 Legislation.pdf 10-01123 Exhibit SUB.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0420 Chair Sarnofff. RE.3, and then we are done with the regular agenda. Alice Bravo (Director): Alice Bravo, Capitallmprovements. Item RE.3 is an update to the CIP (Capitallmprovements Program) appropriations for capital improvement projects. So this is building upon the update to project funding that was presented in June 24 that was further amended at the last Commission meeting, September 24. Chair Sarnofff. September 16. Ms. Bravo: Yes. Chair Sarnofff. September 16. Ms. Bravo: September 16, sorry about that. Chair Sarnofff. Just correcting your date, that's all. Not correcting you. Ms. Bravo: Okay. And basically, this -- there are two items on here that address the public hearing items that were heard earlier. Vice Chair Carollo: Yep. Ms. Bravo: And actually we have a modification to make on the one for 301728, Roberto City ofMiami Page 69 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Clemente Park. Originally the amount was shown was 220, 000. We're changing that to 390 to address the build -out of the senior center that was discussed before. And there's a second request that we received from District 3 for creation of a new project, 30711, to provide a swing set at Triangle Park in the amount of $8, 500 from the same award, Award 1457, Homeland Defense/Neighborhood Improvement Bonds interest. Vice Chair Carollo: However, it should be less than 8,500 'cause I've already gotten quotes, but you know -- Ms. Bravo: That's an initial estimate that we received from the Parks Department. Chair Sarnoff All right. Is there a motion on RE.3? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff We have a motion by the Vice Chair, second by Commissioner Suarez. Let me open up a public hearing. Anybody wishing to be heard -- Mariano Cruz: Yeah. Chair Sarnoff -- on RE. 3? Mr. Cruz, you're recognized for the record. Mr. Cruz: Mariano Cruz, 1227 26 Street. The only thing have to say in that, in the new plan there, please don't come now a year from now we got all these people that get $7 million contracts and they coming asking for $120, 000 more. Come on. Put it in the bids, whatever. If you get a bid of $7 million, that's it. Maybe we can get (UNINTET,TIGIBT,F), you know, like some under budget and then we save some money. We can use that money in Allapattah there to take care of Commissioner Gort there that his street is flooding in front of his house and he can't even take care of that. Public Works can't even do that. The other day for him to get out of the house, he had to use a boat. Chair Sarnoff Mr. Cruz, he likes his waterfront property. Mr. Cruz: I am in favor. Chair Sarnoff All right. Anyone else wishing to be heard on RE.3, please step up. Hearing none, seeing none, the public hearing is now closed. It is a resolution, gentlemen. Anyone wish to discuss this? All in favor then signy by saying aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): As modified. Chair Sarnoff As modified. Vice Chair Carollo: As modified. END OF RESOLUTIONS PART B: PLANNING AND ZONING ITEMS Chair Sarnoff PZ (Planning & Zoning) number 1. Priscilla A. Thompson (City Clerk): Excuse me, Chair? City ofMiami Page 70 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PZ.1 Chair Sarnoft Yes, ma'am. Oh, you have to open up your PZ meeting. Maria J. Chiaro (Deputy City Attorney): PZ items shall proceed as follows. Before the PZ agenda is heard, all those wishing to speak will be sworn by the City Clerk. The staff will briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land use change, or MUSP (Major Use Special Permit) and make its recommendation, and appellant or petitioner will then present the request. The appellee will present its position. Members of the public will be permitted to speak on certain items. The petitioner may ask questions of staff/appellant or petitioner will be permitted to make final argument. Chair Sarnoff You're recognized for the record. Ms. Thompson: No. Chair -- Francisco Garcia (Director, Planning): Thank you. Good afternoon, Mr. Chair and honorable members of the -- Chair Sarnoff Wait, wait, wait. Hang on one second. Mr. Garcia: -- City Commission. Ms. Thompson: IfI might, I do have to swear in anyone who's going to be presenting any evidence or testimony in any of the PZ items. I need you to please stand so I could administer your oath for you. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Okay. Chair, ifI might ask -- thank you -- before we get started, may we make an announcement finding out if there is anyone in the room that needs a Creole or Spanish interpreter because if we don't, I can save some more money in the budget, okay. Chair Sarnoff Anybody need a Creole or Spanish interpreter that will giving -- will be giving testimony or wants to hear testimony given today? Ms. Thompson: We have -- our Spanish interpreter is going to make the statement and the Creole. Thankyou. The City Clerk's comments were translated by the official Creole and Spanish interpreters. Ms. Thompson: Thankyou. I appreciate that. Commissioner Gort: We don't. They can go home. Chair Sarnoff Thank you. Huh? Commissioner Gort: I said they don't. They can go home. Chair Sarnoff All right. Commissioner Gort: We don't have to pay them. Chair Sarnoff Let's get going. RESOLUTION City ofMiami Page 71 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 10-00494xc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS PART OF A MAJOR USE SPECIAL PERMIT, FOR THE MIAMI SCIENCE MUSEUM PROJECT, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES OF "PR" PARKS (2), TO ALLOW SUPPORTING SOCIAL AND ENTERTAINMENT SERVICES (SUCH AS RESTAURANTS, CAFES AND RETAILING), SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA. 10-00494xc Analysis. pdf 10-00494xc Zoning Map.pdf 10-00494xc Miami21 Map.pdf 10-00494xc Aerial Map. pdf 10-00494xc Letter of Intent.pdf 10-00494xc Application & Supporting Docs. pdf 10-00494xc Plans. pdf 10-00494xc PZAB Reso.pdf 10-00494xc CC Legislation (Version 2).pdf 10-00494xc Exhi bit A. pdf 10-00494xc Exhibit 1.pdf 10-00494xc CC 09-23-10 Fact Sheet. pdf 10-00494xc-Submittal-Park View From Biscayne Boulevard. pdf 10-004944xc-Submittal-Presentation-Elvis Cruz. pdf LOCATION: Approximately 1075 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Museum of Science, Inc., Applicant and City of Miami, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions.* PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions* to City Commission on July 21, 2010 by a vote of 7-2. See companion File ID 10-00494mu. *See supporting documentation PURPOSE: This will allow social and entertainment services for the proposed Miami Science Museum Major Use Special Permit. Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Noes: 1 - Commissioner(s) Carollo R-10-0435 Chair Sarnoff.. PZ.1. City ofMiami Page 72 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Francisco Garcia: Mr. Chair and gentlemen of the City Commission, for the record, my name is Francisco Garcia, and am the director of Planning. PZ.1 and PZ.2 will be companion items. These are items -- are related to the Museum of Science, the Miami Science Museum. PZ.1 is a request for a special exception with City Commission approval located at 1075 Biscayne Boulevard, also known as Museum Park, formerly known as Bicentennial Park. And the zoning is presently PR, parks, recreation and open space. This is to allow social and entertainment services for the proposed Miami Science Museum. Staffs recommendation is approval with conditions. The Planning, Zoning andAppeals Board also recommended approval with conditions, andl would like to read those conditions into the record, please. The conditions are as follows. Provide revised site plan indicating the maneuvering paths for loading vehicles; provide a three-dimensional drawing or rendering of the proposal from a pedestrian view on Biscayne Boulevard showing the impact of the project and its effect on the boulevard; provide a revised site plan with dimensioned parking area indicating widths of all drive aisles and parking stalls, consistent with the City ofMiami off-street parking guides and standards; provide revised plans detailing all signage and lighting for the project; provide revised plans showing enhanced materials for artistic architectural treatment along the ground level of the building in order to enhance the pedestrian experience; provide revised plans showing the cafe on the southwest corner with transparent views out to Biscayne Boulevard to activate the corner of the site and provide eyes on the street; also provide large-scale elevations of the ground level illustrating the effect of the building at the pedestrian level, include materials and colors; provide revised plans showing details of the proposed treatment to the blank walls; provide revised landscape plan showing further development of the level one plaza planting design beyond ground cover and grasses to incorporate midlevel and taller, vertical plant material that will provide an enhanced human scale within the plaza; provide revised landscape plans showing additional shade trees along Biscayne Boulevard, back of sidewalk, landscaped areas, and within the entry drive walkway in Parcel S-3 to create an alley -shaped planting and include showing further development of the planting design within Parcel S-3 to define differences between ground cover species, shrubs and grasses; provide revised landscape plan showing further development of the planting design along the north and south building perimeters to define differences between species and plant materials, and provide revised landscape plans showing screen views into the parking area with vertical plantings behind (UNINTELLIGIBLE) terraces, and provide planters or landscaped terraces along the base of the planetarium building corner. I would also, if it is the pleasure of the Commission, like to read item PZ.2 so that both items may be considered together, although they will require separate action. May I do that? Chair Sarnoff Go ahead. Mr. Garcia: PZ.2 is an application for the same site and this is for a Major Use Special Permit and also for a variance for parking. For this particular item, staff recommends approval with conditions. However, the Planning, Zoning andAppeals Board recommended denial to the City Commission. I would like to read the conditions that staff recommended. They are as follows. Pursuant to design -related comments received by the Planning director, the applicants shall meet the following conditions pertaining to urban design; 1) Indicate the maneuvering paths for loading vehicles in the site plan; 2) Provide enhanced materials or artistic architectural treatment along the ground level of the building in order to enhance the pedestrian experience; 3) Provide a three-dimensional drawing or rendering of the proposal from a pedestrian view on Biscayne Boulevard showing the impact of the project and its effect on the boulevard; 4) The cafe on the southwest corner should provide transparency and views out to Biscayne Boulevard to activate the corner of the site and provide eyes on the street; 5) Provide a dimension plan of the parking area indicating widths of all drive aisles and parking stalls, consistent with the City of Miami off-street parking guides and standards; regarding architecture, 6) Provide material information including paving and lighting design and a detailed cross-section through the parking area; 7) Provide large-scale elevations at the ground level illustrating the effect of the building at the pedestrian level; 8) Provide details of the proposed treatment to the blank walls; pertaining to landscape, 9) Further develop the level plaza planting design beyond ground cover City ofMiami Page 73 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 and grasses to incorporate midlevel and taller vertical plant material that will provide an enhance human scale within the plaza; 10) Provide additional shade trees along the Biscayne Boulevard back of sidewalk landscape areas and within the entry drive walkway Parcel S-3, to create an alley -shaped planting; 11) Further develop the planting design within Parcel S-3 to define differences between the ground cover species, shrubs, and grasses; 12) Further develop the planting design along the north and south building perimeters to find differences between species and plant materials; 13) Screen views into the parking area with vertical plantings behind (UNINTELLIGIBLE) terraces; and 14) Provide planters or landscaped terraces along the base of the planetarium building corner. And that concludes our presentation. We're certainly happy to stand by and answer any questions you may have. Chair Sarnoff. All right, thank you. Let's take PZ.1. Is there anyone wishing to speak on PZ.1 from the general public? You're recognized for the record. Lucia Dougherty: Good afternoon, Mr. Chairman and members of the Commission. Lucia Dougherty and Iris Escarra, with offices at 1221 BrickellAvenue, here today on behalf of the Miami Science Museum. We are very pleased to present this next step in a long series of steps to erect this Science museum in Bicentennial Park or now Museum Park. With me this afternoon is Gillian Thomas, who is the director of the Science Museum and curator; Anna [sic] Sophie Hall, with Grimshaw Architects; Jim Palma, who is an architect with Rodriguez and Quiroga; Jeremy Geiger, who is the landscape architect, with Arquitectonica; Scott Lewis, who's the project manager and who -- Oppenheim & Lewis; and Jane Nichols, also with Oppenheim and Lewis; and joining us also is our traffic engineer, Juan Espinosa. This project has to comply with many -- with lots of criteria. The first one was the Cooper Robertson plan, which was adopted by the City Commission. The second one is the lease that we have already entered into with the City of Miami, and within that lease it tells us exactly the square footage -- I mean, the site plan dimensions of the location. It tells us exactly how high it has to be, and it tells us exactly how many parking spaces are required for this project. And the Cooper Robertson plan also tells us exactly where these museums are to go. Before Gillian Thomas comes before you -- and I'd like her to present her mission, the Science Museum's mission and she will introduce her architects -- I'd like to just go through some of the chronology of things that have occurred leading up to this step. In November 2001, the voters passed on City ofMiami Homeland Defense/Neighborhood Improvement bond issue, and in 2002 you passed a resolution allocating money from that Homeland Defense Bond issue -- and I have a copy of it here if you'd like to see it -- for Museum Park. In February of 2005, the City Commission awarded a contract to Cooper Robertson to develop the master plan for the park. In 2008 the City Commission adopted the Cooper Robertson plan. And in April of 2008 the Miami Science Museum signed a Memorandum of Understanding with the City ofMiami and Miami -Dade County for how the legal framework of how we'll proceed forward. In June of 2008 the Museum was awarded $738, 000 from the Department of Energy to carry out research and design and planning necessary for the integrating of renewable energy resources and optimal energy efficiencies within the new Museum building. December of 2008, the City ofMiami Commission accepted the community benefits program benefits agreement with the Museum Park -- I mean, with the Miami Science Museum, and it included economic benefits to the City, educational benefits to the City, community outreach benefits to the City, cultural benefits to the City. In December of 2008, the City Commission authorized the execution of the lease with the Miami Science Museum and it was entered into in April of 2009. And in it, it said your height has to be 90 feet, your parking facilities has to have 220 parking -- 400 -- 220 parking spaces or 440 for both museums, and it also included in there that if one museum doesn't go forward, there has to be 300 parking spaces. There were also other conditions in that lease that protect the City, including the fact that Science Museum is responsible for site improvements and cooperation during construction, et cetera. But one of the other issues that you had was when can we commence construction, and one of the things that you said is that it cannot commence construction until it has secured the funds for the construction of the museum. In each case, including -- this is both museums -- certain exhibits. Secondly, that it has obtained the applicable required permits for the City ofMiami Page 74 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 construction stage, that it has obtained a fixed and guaranteed maximum price -- this is all subject to the Manager concurring and deciding that these are all have -- these conditions have been met. It has completed insurance requirements. It has provided the City a cost -loaded construction schedule. So there are a lot of protections in this lease governing when this project gets constructed. So with that I'd like Gillian Thomas to come forward and talk to you a little bit about the mission of this museum and then introduce her team. Chair Sarnoff. You're recognized for the record. Gillian Thomas: I'm Gillian Thomas of the Miami Science Museum. Thank you very much for having this opportunity to speak to you briefly. So I think many of you know that Miami Science Museum's been serving the community for 60 years and actually the current museum for almost 40 years so this is a building that has really out -- the community has outgrown the building and we really need a new and much larger building to be able to provide the community with those services. So our mission is to help people enjoy science and technology so it would have a real impact on their lives to make sure there's some learning for everybody. And we do have a real focus on education for the whole community not just through offering inspiring experiences at the museum but through our teacher training, our curriculum development and the long-term intensive programs we do for young people, and we should have somebody here speaking to you today just to vouch for that. And that whole side of our work is funded federally and state funds to make sure it continues and we work with partners such as Big Brothers and Big Sisters. So the new museum will be building on everything that we know people enjoy but doing it better and in a manner appropriate for the new centuries ahead of us. So first of all we will have a new planetarium. Our current one is only the one -- only one other in the US (United States) existing of this kind now. So our new planetarium will be 3D (Three Dimensional) and take you on voyages not just to the outside of the universe but into the human body and under the sea. We'll continue and expand a wide range of interactive, exciting experiences with a wider range of topics from health and food and exercise to hurricanes, basic physics and moving things, but especially and the real innovation is that we'll build on both the experience we have in our existing wildlife center and our marine science programs to develop a really special and outstanding aquarium that will offer a new view into science for everybody and a really spectacular experience which will widen the appeal. Aquaria have a much wider appeal than science museums do among the general public. So our building is a T,FED (Leaders in Energy and Environmental Design) sustainable building and thanks in part to the DOE (Department of Energy) grants that we've got, we can be sure that this will be our biggest and best exhibit so there'll be real practical messages for people. The building is open to the park with lots of outside experiences as well as inside and it will make the downtown a destination for culture attractions. The park has long been vacant. And with the Art Museum and the Science Museum together, the whole of the downtown, including the Children's Museum and Jungle Island, will become much more of a destination in the way that great cities such as Baltimore or Sydney in Australia are grouped around the harbor so that many more people will come, but we will be the biggest driver of that. So that's really all I'm going to say. As you know, we've already started with site remediation on site, thanks to the support from the City Commission, andl thank you very much for your support in that going forward. And this museum is an investment in the future of our young people to make sure that our region as a whole and the City in particular can have those technical skills and enthusiasm for science and technology that will make a real difference in everybody's lives. So with that, I'd like to call on the architectural team, Anne -Sophie Hall from Grimshaw and Jim Palmer from Rodriguez and Quiroga, who are our executive architects locally. Chair Sarnoff Thank you. Ms. Dougherty: While they're setting up, I wanted to let you know that the board of directors were here this morning, but they couldn't remain. City ofMiami Page 75 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Anne -Sophie Hall: Good afternoon. I'm Anne -Sophie Hall from Grimshaw Architects, 100 Reade Street, in New York. I am working in the team from the design architects in collaboration with the record architects. James Palma: Hi. My name is Jim Palma. I'm an architect with Rodriguez & Quiroga Architects, in Coral Gables, 2100 Ponce De Leon. For some reason our presentation looks a little pinked out up there on the screen. I don't know why that's happening. But our presentation today -- we're in collaboration with Grimshaw Architects, the design architects, our role as executive architect and architect of record. Our presentation -- we're collaborating -- as we are collaborating on the design and the construction and the construction documentation of the project with Grimshaw Architects, we're collaborating together today on the presentation. I'm going to start off by introducing you to a little closer in detail of the project. First on the screen, there's photographs of the model. We have a small model here. We invite you to come down and look at it. It shows the setting of the Science Museum in Museum Park and in context with the high-rises along Biscayne Boulevard, the new landscape part ofMuseum Park, the Art Museum, the Science Museum, a plaza in between, the Performing Arts Center complex just to the north. You can go through and see those images on the screen there. We're going to move now into a site plan of that same area. I'm looking at the board now and the -- Museum Park is rendered here in color. The Science Museum is on the western -- northwestern area ofMuseum Park, adjacent to the Art Museum. The two buildings are separated by a plaza that you'll see a separate presentation on by that architect and engineer. Museum Park, the balance of the Cooper Robertson plan rendered here, the deepwater slip, Miami Arena to the south, Biscayne Boulevard that shows the Burle Marx, and then obviously Biscayne Bay to the east. I'll stay on this plan for a minute and show you the main vehicular access into the complex, which is going to be aligned at llth Street and Biscayne Boulevard. And quickly, people are going to be turning left and going to the north for entrance into the parking garage. It's a street that we call Museum Drive. It's a street that is separating the buildings from the Metromover station. There's also a place where the buses and the tour buses and school buses will load and unload for access to the museums. This is an aerial site plan. It shows that same site plan we just looked at superimposed on an aerial photograph, give you an idea of the view of the site in context with Government Cut looking east toward Miami Beach. Coming into a little more detail of just the Science Museum itself, we show the three distinct elements of the project. One is the living core. This is the component of the project that Gillian talked about where all the wildlife center and the living exhibits will be. Most of the exhibits in this part of the building, which is actually a free-standing building, are going to be aquariums with different habitats; and visitors are going to be taken on a specific journey, starting at the top and winding their way around through the various aquarium and habitat exhibits and ending into a large gallery at the ground floor. The L-shaped building, which is another distinct element in the design, houses other galleries, administrative spaces, and other museum -related spaces. And then at the knuckle of the L-shaped building is the third and very distinctive planetarium facility. This is going to be a fixed auditorium -style, tiered, tilted dome planetarium. Anne -Sophie will take you now through the actual design of the project. Oh, yeah. Thank you for reminding me. Part of the project also includes a parcel called S-3, which is actually the parcel that is right along Biscayne Boulevard. This parcel is being proposed by us to be fully landscaped, no building structures here. We are using it in the water retention and stormwater management strategy for the project. But it will act as a buffer, a landscape buffer for the building that is set back way beyond Biscayne Boulevard. Ms. Hall: Thank you. And I'm going to take you through mainly a few illustrations of encapsulating what Gillian Thomas described earlier and what Jim Palma just took you through in plan. This first image here is encapsulating exactly what Gillian Thomas was alluding to as -- when she was alluding to the destination that would be Museum Park together with Miami Art Center on the right-hand side and on the left-hand side the Science Museum. A close-up view with -- on the foreground, the transition between Museum Park on the right-hand side and the steps leading to what we call the plaza. And again those steps are located here, the plaza being City ofMiami Page 76 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 the urban space between the two museums. In the foreground again what we call the living cove, which is this container housing the exhibit habitats that demonstrate the diversity of the living environment of South Florida. On the -- at plaza level on the ticket office with this glazed portion and enclosure, as well as the museum store. As you can see, the museum is really meant to be very porous to the plaza, and that's the way it has been planned. The museum will -- the plaza itself will offer great views towards the museum, towards MAM (Miami Art Museum), of course, but also towards Museum Park. In the background, again, the (UNINTELLIGIBLE), which Jim Palma alluded to, which houses gallery spaces, administrative spaces, educational spaces, as well as (UNINTET,TIGIBT,F) spaces. This (UNINTET,TIGIBT,F) is lined at each level with a circulation space, which is outdoor, and again, will offer great views towards the park and the plaza. The articulation in this image also shows the -- illustrates the articulation between the plaza and the museum, again, and one of the complement is also an energy playground which will be -- is located here and will be a space for kids and kind of a meeting point of playing and testing energy and science. This image -- maybe I should talk a little bit about -- very briefly finishes. Again, the living core being glazed at plaza level and then we are planning on finishing this component of the building with smooth mosaic tiles. The upper deck of the living core again -- there's always a sense of porosity, meaning being with the street and the entrance, the porosity between the museum and the plaza but also the upper deck of the living core, which is an outdoor space covered and shaded from rain and sun. A night view from the museum --from the planetarium, sorry. In the foreground, the Parcel S-3, which Jim Palma alluded to our retention -- water retention sites but also and more broadly the water management site, which will be used as an educational tool to tell the story -- the water story for the museum. In the background or the foreground of building itself, the planetarium, which will -- and it's on the flanking walls as well -- be the support for projections programmed by the Museum yearlong. The (UNINTELLIGIBLE) space between the planetarium and the (UNINTELLIGIBLE), the two arms of the (UNINTELLIGIBLE) will be in a programmed area, outdoor area, programmed by the museum as well. And again, those two -- the two arms of the (UNINTET,TIGIBT,F). The finish of the planetarium at the moment is cast -- precast concrete. The finish of the (UNINTELLIGIBLE) is a three-dimensional tile -- glazed tile in different color, which we -- is also meant to have a different life almost and different perception during daytime and during nighttime. A view here at the upper deck of the living core with this -- the main -- the most -- one of the most impressive components of the living core, which is a 500-gallon tank which will house (UNINTELLIGIBLE) species. This is a tank that will be viewed its first -- the first view of it will be at the upper deck of the living core and from there the visitors will be encouraged to go down the lower deck of the living core to finish the journey around the aquatic exhibit and at the viewing and the oculus -- the main oculus of the gulfstream tank before descending down to plaza level in the gallery, which we call a people and science gallery. And this really finishes our presentation. Chair Sarnoff Thank you. Anyone else from the Science --? Is that it? All right. Anyone from the --? Ms. Dougherty: I'd just like to reserve some time for rebuttal. Chair Sarnoff Okay. Anyone else from the general public wishing to comment on PZ.1, please step up. Mr. Garcia: IfI may, Mr. Chairman, one more brief note for the record as pertains to staff presentations. I had mentioned initially that there was a variance request as well as part of the Major Use Special Permit andl did not introduce into the record what our recommendation was and a brief bit of information about that variance. The variance request for recommendation is for denial and the Planning, Zoning and Appeals Board recommended approval. I should say about the variance, however, that because this application was originally processed as part of Zoning Ordinance 11000, a variance for parking was required. Upon the adoption ofMiami 21, the parking count has come down considerably and therefore they will no longer need the City ofMiami Page 77 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 variance. So although the point is fairly moot because (UNINTELLIGIBLE) variance is approved or denied, they meet the parking requirement pursuant to Miami 21. I just thought I'd make the record whole and introduce that into the item. Thank you. Chair Sarnoff Thank you. Anyone from the public wishing to be heard? You're recognized for the record. Caressa Lanier: Caressa Lanier, 325 South Biscayne Boulevard. I cochair the Young Patrons Board of the Miami Science Museum. And obviously I'm here in support of it, and l just want to express what a wonderful world -class science and technology center this is going to be for the City. It's going to offer diverse educational opportunities to our community in addition to jobs, not only jobs building the center but jobs staffing the center. It is going to attract tourists and tourist dollars for this City, and we have a good start with the Performing Arts Center just a block away and we need to continue the momentum by bringing this world -class cultural arts educational center, such as the Miami Science Museum, to downtown Miami. Thank you. Chair Sarnoff What was your name again? Ms. Lanier: Caressa Lanier. Chair Sarnoff Anyone else from the public wishing to be heard, please step up. Alexis Delgado: Thank you. Hi. My name is Alexis Delgado, 5600 Collins Avenue, Miami Beach. And first, I'd like to thank the Mayor, the Commission and everyone present for your continuous support of the Miami Science Museum. To me the Miami Science Museum exemplifies culture, education, science and technology, so therefore I am here today to express my support of the Miami Park project and what a wonderful concept to have in our magic city than a magical museum park. Being that I am originally from New York, a city full of energy, culture and museums, I would certainly appreciate and look forward to visiting and enjoying culture in style in my own city. A Museum Park of this style, greatness and charm will not only bring excitement, culture, entertainment, education and tourism to our city but open opportunities for new jobs. Thank you. Chair Sarnoff Thank you. Yes, ma'am. You're recognized. Amy Rubinson: Hello. I'm Amy Rubinson, 1051 Euclid Avenue, Miami Beach. I'm coming as a mentor for the youth who this museum serve. The museum, as Ms. Gillian Thomas mentioned, has an amazing youth program that serves inner-city high school kids. These kids do phenomenal things. They come from schools that have generally a high school graduation rate of less than 50 percent and out of the museum youth who come out of this program, more than 98 percent of them graduate high school and 95 percent go on to college. In addition to that, over 60 percent of those students go into the STEM (Science, Technology, Engineering & Mathematics) fields so we -- the museum and the mentors and the staff who works there not only gets these kids into college but also into the science, technology and engineering and math fields. With the new museum, we would be able to serve so many more students because, as Ms. Thomas mentioned, it's a small building and it'll expand significantly to be able to serve a number more students. Thank you. Chair Sarnoff Thank you. Good morning. Good afternoon, sorry. Go ahead. Grace Solares: Okay. Thank you. May I address both issues, 1 and 2, Commissioner -- Mr. Chair? Chair Sarnoff Go ahead. City ofMiami Page 78 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Ms. Solares: Grace Solares, Miami Neighborhoods United. First of all, Miami Neighborhoods United has nothing against museums. It's the location of these museums. One of the requirements is that the Museum of Science has the wherewithal, the amount, the money to actually build this building. We have been, as recently as last Friday, contacted the Internal Revenue Service to see whether we could get the Forms 990 up-to-date of the museum to see exactly what they have, what they have collected in order to support this building. We have seen nothing. The last one that the Internal Revenue has is 2007, that shows about a $15 million asset, about 11 something of it restricted. That means that 500, $600, 000 is the only thing that they have in order to use 'cause restricted funds cannot be used (UNINTELLIGIBLE) utilized to build it or to pledge it to build it. So we don't know really what we have. When I was here for the Museum ofArt, the Manager of the City said that he had done his due diligence and he was actually satisfied that they had the money. His satisfaction was based on a letter from Burgess, from the County. That letter said something that he had sufficient knowledge to say that he was satisfied that the Museum ofArt had the money and thereafter, wrote a letter to the -- Burgess and requested under a public records request that they provide me with the documentation that reflected enough funds. He said -- he responded -- I have the letter in the office. I can provide it to you. -- that he didn't have any documents from MA114, none. He just had seen some at some point in time that at that time satisfied him that they had the money. So the whole thing -- Mr. Luis Herrera is giving me his time, Commissioner -- Mr. Chair. At that time, his foundation was just a letter from a man that had seen some document at some point in time. I don't know what he's going to say today with respect whether or not he's seen that these people have the wherewithal because we have -- we're running a great risk that at some point in time, they may come back to us for some money to finalize the museum. But the most important thing, the most fundamental thing of this whole thing is that the MOU (Memorandum of Understanding) entered into was illegal. The powers of the City ofMiami, pursuant to the Charter, tells you that the City Commission has the power to lease or contract waterfront property -- this is called -- what is called -- what I'm going to read, the Carollo Amendment. -- but only in compliance with other requirements of the Charter, such as the terms of the contract result in a fair return to the City. You know how much you're getting? Two dollars a year. Two dollars a year for a piece of property that's worth probably 40 or $50 million. Prime property, $2. It also says that you have to have two independent appraisals. There were none. None outright given to them; that this issue has to be authorized under the existing master plan; is not. Elvis Cruz will address that issue. The contract does not exceed five years; it does. It's for 99 years. The contract cannot have automatic renewals; it does to the point of 99 years. And if any such lease is entered into with all of -- lacking all of those things that I have told you, it has to go to the voters; it didn't. I suggest to you, gentlemen, that you do not continue to perpetrate this violation with the approval of this MUSP. Miami Neighborhoods United has a pending lawsuit with the identical violations against MAM at this point in time. I suggest to you that you either postpone this thing until we get some resolution from the court as to all of these violations 'cause right now we're trying to get a hearing on the motion -- on their motion to dismiss. But I can tell you that -- Chair Sarnoff In conclu -- Ms. Solares: -- immediately thereafter, we're filing a motion for summary judgment. Chair Sarnoff -- in conclusion. Ms. Solares: In conclusion, I suggest that you -- I request that you do not grant this MUSP, and I ask the Mayor that if you do, that he vetoes it in order to support his continued nos against these projects. Chair Sarnoff Thank you. Ms. Solares: Thank you. City ofMiami Page 79 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Elvis Cruz: Good afternoon, Commissioners. Elvis Cruz, 631 Northeast 57th Street, here as the secretary ofMiami Neighborhoods United. Just quickly want to welcome Francisco Garcia and Barnaby Min as the new Planning director and Zoning Administrator. You may recall Francisco Garcia is the historic person in Miami history who was -- who left his job under duress because he was so bold as to interpret the law correctly on illegal buildings like this one. He's a man of integrity. We welcome him. We're looking forward to his personality of integrity permeating the Planning Department and hopefully the City as a whole. Okay, the comprehensive plan. And I'm especially directing my presentation today to the two attorneys on the Commission, Commissioner Suarez and Chairman Sarnoff. As all of you know, all development orders in the City must be consistent with the comprehensive plan. Here's a Goal CM-4, ensure public safety and the protection of property from within the coastal zone from the threat of hurricanes. What is the intent of that goal? It's quite evident. Another objective, minimize the potential for loss of human life and destruction of property from hurricanes in the coastal high -hazard area. Again, what is the intent of that objective? It's quite evident. And here Policy CM-431, public expenditures for capital facilities in the coastal high -hazard area will be limited to those required to eliminate existing level of service deficiencies, maintain adoptedLOS (Level of Service) standards in non -high -hazard areas, improve hurricane evacuation time, or reduce the threat to public health and safety from storm events. This museum would not satisfy any of the requirements. Lastly, Objective CI-14, ensure that public capital expenditure within the coastal zone does not encourage private development that is subject to significant risk of storm damage. The intent of that is also self-evident. Here we have an appendix of the capital improvements program of the comprehensive plan. And listed on this table -- here it is highlighted, expanded -- Museum of Science and Museum of Art. They are listed as capital expenditures. And here we have the coastal high -hazard area. And Mr. Garcia, if you could be so kind as to present the map of this. Here's the City's coastal high -hazard area. Here it is blown up. You see that triangle superimposed over the City's Bicentennial Park. And here's a rudimentary map. However, the City itself was so kind as to generate this. And if you look,you'11 see that the coastal high -hazard area in pink goes through the proposed building, right through the middle of the building, so this building would be in the coastal high -hazard area. This is the ballot question. Chair Sarnoff How much longer do you have? Mr. Cruz: I've probably got about another two minutes. Chair Sarnoff Is there anybody giving him his time? Mr. Cruz: Well, Commissioner, please know that this is setting the record for a legal action in the courts. I believe it would be in the best interest of due process to allow me to finish that two minutes. Chair Sarnoff All right, go ahead. Mr. Cruz: Thank you, sir. The ballot question from 2004 that is giving the Museum of Science $100 million never included the word Bicentennial'hor the word jiark'hor the word Museum." This was unethical at best. So 275 million in public money is proposed to be used to build two museums in the coastal high -hazard zone. Should our tax money be put at risk? The comp plan says no. However, the Planning Department disagrees and they'll probably come up afterwards and tell you that in this policy, the City shall consider the use of undeveloped land in the coastal high -hazard area for public or private recreational uses and open space. I ask you is Bicentennial Park now considered undeveloped land? Also notice that recreational uses and open space are given equal importance in that statement. They will probably also then go on to quote page 16 of the Comprehensive Plan that mentions the sort of things that are considered recreational uses and here they are. Nature trails, interpretative centers; all of these are fairly low-cost, low -intensity developments. Most of them do not even have a roof over them; City ofMiami Page 80 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 playgrounds, picnic areas, canoe trails, small concession stand. Even something like a concession stand, it says it should be small. Restrooms, gyms, swimming pools, athletic fields and their number eleven is cultural facilities. What is a cultural facility? It could be an open band shell that exists in Bayfront Park. It could be a memorial, or it could be an open art plaza. But the City Planning Department would have us believe that they can equate a $275 million museum with those other low-cost, very low -scale, in many cases not even roofed, recreational uses. Please do not be fooled by semantic arguments. The intent of the Comprehensive Plan is to only allow low-cost facilities in the coastal high -hazard zone. Again, my two attorneys on the dais, intent is the polestar which guides the interpretation of law. You probably heard that the first or second day in law school. The intent of the Comprehensive Plan is clear, to protect public money and property from hurricanes. Andl ask you this, what would a reasonably prudent judge decide? This project is inconsistent with the Comprehensive Plan and it should be denied. And so there's a precedent, Pinecrest versus Shidel, also known as the demolition heard around the state. There was a project in Martin County that was before that local governing body. The citizens said this is inconsistent with the comprehensive plan. The government go ahead -- went ahead and gave them permission. The citizens took it to court and the developer thumbed his nose at the court proceedings and went ahead and built, and this is what happened. It was found inconsistent with the comprehensive plan and a brand-new development was ordered demolished by the court because it was inconsistent with the comprehensive plan. And that's the land afterwards. Please make no mistake. We would receive no joy in having $275 million structure torn down by court order, nor do we look forward to a moment when we can say, look, it got destroyed by a hurricane, we told you so. Please, do the right thing. This is the moment in history, this is the point in time where you can look at the black letter of your law as I have presented it to you today and prevent a big mistake. You can also save the City the time and expense of the legal battle that's in court. Again, my two attorneys, you've seen the evidence. Decide in your own mind if you think we have a very strong and valid argument in a court of law. Thank you. Chair Sarnoff Thank you. Yes, sir. You're recognized. Mickael Charles: Mickael Charles, 7727 Northwest 4th Court, Miami, Florida. I don't know ifI can compete with that, but I will say that the museum has done a lot for me. Since I was a child -- actually, I started at the museum at the age of 14, and it has given me the experience, it has given me the culture, it has given me the knowledge and the ability to stand before you today and present on its behalf. It's an excellent institution. It's an amazing institution. And funny enough, it's the same institution that has helped guide some of the people working in this actual office. So I will say that the museum has done amazing things. The support of this building in the future will also allow the helping of other students within our community that don't have access to museums, such as our museum. So I'm pretty excited for this museum project. I hope to see it in the near future come to fruition, and I know that you guys will do the right thing. Thank you. Chair Sarnoff Thank you. Helena Poleo: Good afternoon. My name is Helena Pole, address 275 Northeast 18th Street, downtown Miami. I am a resident ofMiami and downtown Miami, and a property owner in downtown Miami, and I think there is no better place for such a museum, the Miami Art Museum and the Miami Science Museum as downtown Miami. I am very involved in a lot of things. I'm a young professional and along with many other young professionals who are very devoted to our community, I am involved in the Young Patrons Board for the Miami Science Museum and I am also involved in the Miami Art Museum. We volunteer our time. We are here instead of being in our offices. This is a sacrifice for us who are just starting out in our careers, but we do it out of the fact that we care about our community and we care about the future of our community. In the past, the City has always been very supportive of culture and education for our children now and in the future, andl ask that you stand by that commitment that you have always done so, supported us. This is an investment in downtown Miami. What better place than in the City of City ofMiami Page 81 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Miami. This is an investment in the City ofMiami residents. These cultural institutions have helped out youth, disenfranchised youth, like you have heard, with their educational programs and simply serving the community, teaching them things that they will not learn in school, they will not learn at home. This is the only place to do it, and this new facility is important for a world -class city that we are trying to become and that we are on the road to become and to have world -class residents. So please support this. Thank you. Chair Sarnofff. Thank you. State your name for the record. Nathan Kurland: Nathan Kurland, 3132 Day Avenue, Coconut Grove. Good afternoon, Commissioners, Mr. City Manager, fellow citizens of the City ofMiami. You'll please pardon me for a quick story that I'd like to tell you. Truth and Lie were out behind City Hall admiring the view of Biscayne Bay when they decided to strip off their clothes and go skinny dipping. After only a minute or two, Lie got out of the water, put on Truth's clothes and began running down Bayshore Drive. Upon which time, Truth got out and immediately gave chase. Which the moral of the story is that this is a well -dressed lie being chased by the naked truth. Well -dressed lie number one, this is a perfect time to build new museums. Naked truth, quoting the New York Times, March 13, 2009, museums across the country are retrenching in extreme ways, cutting budgets, cutting staffs, postponing, scaling or canceling completely construction projects in this new economic reality. Well -dressed lie number two, Miami Science Museum will cost $250 million to build. Naked truth, I've asked many times that all -in costs be given to the citizens of Miami when we're discussing what a particular project will cost. By the time debt service and principal is repaid over the next 30 or 50 years, the all -in cost will certainly be in excess of over a billion dollars, and those are the costs that we should be portraying to the citizens who listen to our discussion. Well -dressed lie number three, there will be no cost overruns. Arscht Center, airport, we don't seem to build anything -- by the way, naked truth -- in the City ofMiami without -- andl do have two minutes given to me by Sue McConnell. We don't seem to build anything that doesn't have a significant cost overrun. I would ask each of you to address one question at the end of my remarks and that will be, and for the record, who will pay the cost of the overruns? Naked truth number five, operating finances are in place and every Commissioner has taken the opportunity to review the operating budget. Naked truth, what operating budget? And finally, well -dressed lie number six, no building built in the City ofMiami on City ofMiami land will be erected unless that building demonstrates that it is sustainable without additional help from the taxpayers. And finally, the naked truth, as stated by PT Barnum and more recently by Norman Brahman, there's a sucker born every day. Thank you. Chair Sarnofff. Anyone else from the general public wishing to be heard on PZ.1 or PZ.2? You want to rebut? Ms. Dougherty: Yes, Mr. Chair. Regarding the funding, there are three issues really that were raised. One is the funding, one is the competitive bidding issue, and the third is the comprehensive plan. Regarding the funding, again, we have the funding andl think that the Manager can vernY that we have the funding through building this building. What is left is some exhibits. That funding will be granted either by grants like we had from the Department of Energy or private donations. That's what's left to finish this museum. We have every confidence that this kind of museum will be self-sustaining given the attraction that we'll have. Secondly, the competitive bidding -- but that issue should not be part of a discussion dealing with a Major Use Special Permit. It's really irrelevant. These are the kinds of things that you've put in your lease that you have required us to prove to you prior to actually putting a shovel in the ground, but that's not a issue that should be discussed at the time of a Major Use Special Permit. Your competitive bidding. Your City Attorney, in October 7, 2008, wrote an opinion that basically cited the same provision that Ms. Solares cited, but it has a provision in it. And it says here the above provisions and any other requirements of competitive bidding shall not be required to or shall not apply when conveying property to implement projects of a governmental agency or instrumentality. And pursuant to that legal opinion, your City Attorney has already determined City ofMiami Page 82 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 that this is the implementation of a governmental project. Lastly, there was a talk about the comprehensive plan and probably the best person to talk about the comprehensive plan would be your own Planning director, andl would ask them to come forward and if there's anything that needs to be said after that, I'll supplement. Harold Ruck (Planner II): Harold Ruck, with the Planning Department. And in listening to what Mr. Cruz had to say, there were some policies that, in reality, seemed to support the City's position, and so we appreciate his comments to that respect. There are some additional policies that we think need to be considered. For instance, there's a Coastal Management Policy 432, says that public expenditures for capital facilities in the coastal high -hazard area intended to further the goals and objectives of the Miami Comprehensive Neighborhood Plan will be limited to those projects that do not measurably increase the risk to public health and safety from storm damage. In this particular case, the use, there is no residential component and so at any time of storm, hurricane, you will not have any population at these locations. In addition, the continued growth of downtown Miami, expand its role as a center of domestic and international commerce, further its development as a regional center for the performing arts and other cultural and entertainment activities, and develop an urban residential base. In addition, there's a parks policy. The City will work to implement the specific master plans that include parks and recreation facilities, such as the Coconut Grove Waterfront Master Plan, the Museum Park Master Plan. In addition, the City will provide a continued network of public parks and major attractions along the downtown waterfront. So our position is this type offacility is acceptable. It's a cultural facility, acceptable in a recreation land use, which is this particular designation. So unless there's any other questions, thank you. Chair Sarnoff Thank you. Ms. Dougherty: Yes. I just wanted to read the two provisions. Policy CM-435, the City shall consider the use of undeveloped lands in the coastal high -hazard area for public and private recreational uses and space. And specifically, it says here in another policy, 6.1.2, that the City will work to implement the specific master plans that include parks and recreation facilities, such as the Coconut Grove Waterfront Master Plan and the Museum Park Master Plan. Those are specific goals and objectives of your comprehensive plan. Mr. Ruck: IfI may indulge. If you see the map below that was pointed out to you, you can see that the Science Museum is, in fact, in the coastal high -hazard area, so it would be a facility that would be supported by the comp plan, based on you see where the coastal high -hazard area, the part that's in the red. Chair Sarnoff You're saying science -- the siting of it is not going to be --? Mr. Ruck: The site is within the coastal high -hazard area (UNINTELLIGIBLE) it splits through, so it would be contained and our policies support the position that this kind offacility is acceptable in the coastal high -hazard area. Chair Sarnoff When I looked at the coastal high -hazard area for Miami Beach, I noticed that all of the Beach was in red. Mr. Ruck: Yes. Chair Sarnoff Does that mean that the Convention Center shouldn't have been built there? Does that mean the symphony shouldn't have been built there? Does that mean that the --? What's the thing they're building right now? What's the most recent thing? The Gary something. Unidentified Speaker: New World Center. City ofMiami Page 83 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoft New World Center should not have been built there? Those are all being built with tax dollars, am I correct? Mr. Ruck: Probably so. But like our policy states, there is no impact to the residential population. In a time of hurricane, let's say, you're not going to have a population there, so there would be no impact. Chair Sarnoff Okay. Mr. Ruck: Thank you. Chair Sarnoff All right. Anyone else from the public wishing to speak? All right, hearing none, seeing none, coming back to the Commission. Mr. Cruz: Mr. Chairman, rebuttal? Chair Sarnoff No. Mr. Cruz: Thank you. Chair Sarnoff There's no surrebuttal. All right. Coming back to this Commission, is there a motion for discussion? Commissioner Gort: I move it for discussion. Chair Sarnoff All right. Motion by Commissioner Gort -- Commissioner Suarez: Second for discussion. Chair Sarnoff -- second by Commissioner Suarez. Who wants to be recognized? Commissioner Gort. Commissioner Gort: I'll yield to the attorney, since it was addressed to you two. Chair Sarnoff To me? Commissioner Gort: To the attorneys. Chair Sarnoff Okay. Commissioner Gort: First, I'd like to ask a question. Statements were made that we not legally listen to this item. Can get an opinion from ourAttorney's office? Maria J. Chiaro (Deputy City Attorney): If the -- if you are referring to Ms. Solares' statements that -- Commissioner Gort: Correct. Ms. Chiaro: -- this project is not in compliance with the Charter Section 29B, indeed the Office of the City Attorney did opine that while 29B prohibits a certain projects [sic], 29B excludes projects that are governmental projects, and this project is determined to be a governmental project so it does not fall within the provisions that were cited by Ms. Solares, and therefore it is within your purview to hear the item. Further, you're hearing an application for a special exception and for a MUSP, and the arguments that were made relate to entering into a lease agreement, which this Commission has already approved. So your focus today is on the design City ofMiami Page 84 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 components and the approval of the special exception for the food and beverage component of the museum. Commissioner Gort: Thank you. Chair Sarnoff. Commissioner Suarez. Commissioner Suarez: I think she -- no. I think you answered my question, which was we started discussing budget and whether or not, you know, it had an operational budget, which is obviously a very important component of whether or not you decide to do this project or not. Certainly at the time that it was decided, I think would have been important to look at that as a factor as to whether or not it's a good idea to go forward with this. The other thing that was mentioned was damage from hurricanes and how that could impact, you know, any kind of a public expenditure. Andl don't know if Orlando -- I thought I saw him around there. I think he's in the back there. I know that in relation to our -- all of the hurricanes that we've had in the recent past, our building code has been strengthened and the requirements to build have been strengthened, andl don't know that -- if he can make any statements on the record regarding what kind of potential damage a structure like this could suffer as a result of a hurricane according to our new code. Orlando Toledo: Orlando Toledo, director of Building and Zoning [sic]. We've looked at the issues with FEMA (Federal Emergency Management Agency) and we believe that it can be built there. In regards to the new building code, everything needs to be at 162 miles an hour. Commissioner Suarez: How much? Mr. Toledo: A hundred and sixty-two mile an hour winds, so it will be designed -- Commissioner Suarez: Which means that -- Mr. Toledo: -- for that. Commissioner Suarez: -- it's designed to withstand, without damage, 160-mile per hour winds? Mr. Toledo: Yes. And if anything, I have the building official here too that he could say pretty much what I've said. Commissioner Suarez: Okay. Mr. Toledo: Thank you. Chair Sarnoff. Do you know who the building official is? Commissioner Suarez: I'm sorry? Chair Sarnoff Do you know that we have a building official? A building official. I just -- a little education for you guys. There's actually a person with a pulse and a heartbeat that actually gets certified and makes determinations from this -- on behalf of the City ofMiami through the State -- Mr. Toledo: That's correct. Chair Sarnoff -- as to -- we have directors and directors are people we appoint, but the actual building official has been approved. Sort of like that FAA (Federal Aviation Administration), the head of maintenance, the head of operations, that is our building official right there. City ofMiami Page 85 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Mariano Fernandez (Assistant Director/Building Official, Building): Good afternoon. Chair Sarnoft So he can answer any question. Mr. Fernandez: Mariano Fernandez, Building Official. You have any questions, I will be more than glad to help you. Commissioner Suarez: I didn't understand what you said, I'm sorry. Mr. Fernandez: Okay. If you have any questions, Commissioners, regarding the FEMA regulations or the strength of the buildings, I would be more than happy to help you. Commissioner Suarez: Well, I mean, I think we're maybe getting a little bit off topic, but there was an issue addressed regarding the potential public cost of any damage if there were a hurricane. And my understanding is that as a result of the last hurricanes that we've experienced, that our building code has been strengthened to obviously address what is a significant hazard in this area. Mr. Fernandez: Yes, Commissioner. Since 2001 the Florida Building Code was unified and changed to obtain a resistance to winds with the speed of 146 miles per hour on the effect in the buildings statewide. Chair Sarnoff All right. Vice Chair, you want to say anything? Vice Chair Carollo: What category hurricane is 160-mile per hour wind? Mr. Fernandez: Sixteen or sixty? Vice Chair Carollo: Hundred and sixty. Mr. Fernandez: It will be over Category 5. We only require by code to require 146 miles per hour by code. It's a minimum code requirement. Vice Chair Carollo: Thank you. Carlos A. Migoya (City Manager): You are assuming that there'd be no insurance. They are required -- Chair Sarnoff Right. Mr. Migoya: -- to have insurance. Chair Sarnoff Correct. Commissioner Suarez: Good point. Have you --? I think there was -- Mr. Chairman, ifI just may ask one last follow-up question. I think there was another issue addressed about their ability to build the building andl think there were statements made on the record regarding that. Do you have any information on that, Mr. Manager? Mr. Migoya: The reference as far -- the only opinion I've ever given is around the Miami Art Museum, not around the Miami Museum of Science. Commissioner Suarez: That's what I thought. City ofMiami Page 86 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoff But there is a requirement from the previous Commission that they have a certain amount of money to go forward before they actually pull the building permit. Building permit comes after you -- the MUSP approved and after, I guess, their minor special exception that they're calling for here. But they cannot move forward until they demonstrate to the City Manager their ability to complete the building. Commissioner Suarez: So this is basically a preliminary step? Chair Sarnoff Correct. Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes, sir. You're recognized. Commissioner Dunn: Yes. A question for the attorney. Now this item was passed by way of referendum by the people? Ms. Chiaro: The lease was approved by the City Commission. Commissioner Dunn: And was it a referendum as well? Ms. Chiaro: No, it was not. It was not required to be. It does not fall within the section of the City Charter that requires a referendum. This project is exempted from referendum because it is a governmental project. Commissioner Dunn: Okay, thank you. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: You know, in the past have seen that whenever someone mentions lawsuit, you know, we usually, I don't know, tiptoe around it to avoid a lawsuit or so forth, and that's been my experience every time that, you know, I see, you know, someone coming before me, actually right here and mentioning lawsuit. So does this have to be approved today? I mean, can we see what happens with the lawsuit that's pending? Ms. Chiaro: Mr. Vice Chair, there is no lawsuit pending on this item. The lawsuit that was discussed on the record is a lawsuit that was filed against the Museum of Art. It is not on this project, so there is no pending lawsuit. Vice Chair Carollo: Thank you. Commissioner Gort: I have a -- Chair Sarnoff Go ahead. Commissioner Gort: -- question. My understanding is the funding for the museum, where is it coming from? I want that on the record, Mr. Manager. Mr. Migoya: I apologize. Commissioner Gort: The funding for the museum, what's the source of the funding? Mr. Migoya: For the Museum of Science? City ofMiami Page 87 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Commissioner Gort: Yes. Mr. Migoya: As I understand it, the funding of the museum would be private -- some pieces are private and some are County funding. There's nothing to be coming from the City. Commissioner Gort: There's no funding from the City ofMiami? Mr. Migoya: Not that I know of. Chair Sarnoff. Well, there was. Mr. Migoya: There was. I mean, any future. There's no -- Chair Sarnoff. Right. Mr. Migoya: -- future fundings to be given. Chair Sarnoff Yeah. Vice Chair Carollo: Sixty-eight million for the park component? Chair Sarnoff Sony? Vice Chair Carollo: Sixty-eight million for the park component? Chair Sarnoff. For -- well, that's the estimate for Museum Park -- Vice Chair Carollo: Right. Chair Sarnoff. -- if we go forward with that particular plan. Vice Chair Carollo: Right. And even if we don't, I think in the contract it stipulates that the only reason we don't go with that -- it's in the master plan. The only reason we wouldn't go with that if we're in financial, you know, constraints, which we are right now. However, as soon as we are back in the black, back in good financial standing, we need to continue with the plan for the 68 million and that's my understanding. Mr. Migoya: Up to 68 million. It could be something less than that. Chair Sarnoff. Right. My recollections of this are not precisely as maybe has been said, but we've already entered into a -- get the right names -- development agreement. We've entered into two separate lease agreements. Most of what you've heard today has already been addressed, readdressed and spoken to. The financial components have to be acceptable before they build -- they pull a building permit. You know, in terms of should you ever build anything, I don't know, should we have built the Museum of Sci -- Museum of -- Children's Museum right by Watson Island? I guess those same arguments also play in there for them. I'm sure they're within that little red zone there. Should most of the buildings have been built on Miami Beach? 'Cause I think all ofMiami Beach is on that red zone. We live in South Florida. We live in a place that we had better plan for hurricanes and better harden our buildings or we don't belong living here. And as we become better builders and we become a more dense society, we also have to plan for our arts and our culture; otherwise, this is going to become an incredibly boring and incredibly mundane place to live. Hopefully from the Arscht, hopefully from, if you will, the airport, we're learning how not to go into cost overruns, and we're learning how to build more soundly and more financially stable. But if you say to yourself, well, because we can't do anything, we have City ofMiami Page 88 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 to stop doing everything, then you may as well stand still. And if you look at the design right in front of you, there are four buildings that stand in promise and stand in line to make sure that Museum or Bicentennial Park, however you wish to refer to it, become what I think will become Miami's Central Park. And if you look at where the Arscht Center is in proximity, if you think about what you did with the Media Towers, if you think about, if you will, the American Airlines Arena, this is going to be a very exciting city. LeBron, Chris, and Dwyane are not going to be here forever, but they are going to be the very beginning part of our movement towards an exciting city, and from that they can become an igniter so that the rest of the culture and the arts can take over and get us to a place where I think we become an intellectually stimulating city. I think we're on our way, but I think this is part and parcel of why you want to live in Miami. It's our future. If all we live here is to make a buck and not figure out what that buck is all about, that buck is about culture, it's about art, and for those that don't know culture and art, all you hear is to make a buck, it's going to be a very shallow and a very small existence. So sometimes you have to dream -- and no, not every dream is going to come through at the exact precise time, at the exact precise moment that you think, and while this was started when the good times, it may very well finish in the good times by the time they get done. But it's going to take time andl think we've never been an impediment to them; we shouldn't be an impediment to them. Andl hope that on the shoulders of the prior Commissioners on a vote that I think they did get right, we could build upon this and hopefully get these two museums going. Commissioner Gort, you're recognized. Commissioner Gort: I'd just like to go back a few years when I was a kid andl used to go to all these plans that the City had and the City fathers at that time and pioneers from the City of Miami stood in one building that existed in downtown Miami and they talked about how we're going to develop downtown Miami and how we're going to develop a major city in Miami. And remember it began with the Government Center on 2ndAvenue. The Government Center's what began the progress that took place and is taking place in the City ofMiami. At the same time, we talked about the City ofMiami downtown closes at 5 o'clock. It becomes a desert at night. We need to bring people to live in downtown Miami. In order to bring people to live in downtown Miami, we need to create a school. We created a charter school. We created housing in downtown Miami. All of the dreams that we've been talking about and all the plans that we talked about 30 years ago are beginning to take place. And it's a shame that we're going through this process at this time, but think a museum in that area -- andl might be wrong, but was under the impression that the park was voted by the people to be used as a museum. Because as I recall, the Marlins wanted to do the stadium there and we voted against that. Chair Sarnoff Right. Commissioner Gort: That's the one place where the Marlins wanted to build their stadium and we said no, no way. There's another use for it. And might be wrong, butt thought people voted to create Bicentennial Park and then Museum Park. Ms. Chiaro: There was -- I don't know if it was on that site, but there -- the bonds -- bonds were voted and approved for these -- Chair Sarnoff What he's remembering -- Ms. Chiaro: -- this project. Chair Sarnoff -- he's remembering the advertising to approve the bonds. That's what he's remembering. Commissioner Gort: Okay. I -- personally, as long as it does not affect the City ofMiami budgetary and especially at this time, I don't have any problem voting for this. Chair Sarnoff Anyone else? All right. So it's a resolution. It is PZ.1 we're going to hear. Oh, City ofMiami Page 89 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PZ.2 10-00494mu let me close the public hearing. Public hearing is now closed. Gentlemen, we have a motion, we have a second on PZ.1. All in favor by signying jfes. " Vice Chair Carollo: Mr. Chairman -- Chair Sarnoff Yes. Vice Chair Carollo: -- before we vote, I have one more question. If we approve this MUSP, does this mean that they still cannot proceed until they get the so-called green light from the City Manager? Ms. Chiaro: They need -- there are conditions to the permit being issued. Vice Chair Carollo: Right. Ms. Chiaro: The MUSP allows for application for a permit and all the conditions for the permit have to be met before the permit can be approved. You're voting today on PZ.1, which will be the special exception, and PZ. 2 is the approval of the Multiuse [sic] Special Permit, the MUSP. PZ.1 is the special exception to allow for the use of the museum as a restaurant -- to have a restaurant inside the museum. It's the minor special exception. PZ.2 is the MUSP. Vice Chair Carollo: Let me ask you something. As far as that restaurant, would any funding or any revenues from that restaurant come to the City ofMiami? Who will earn the revenues from that city -- I'm sorry, from the restaurant? Ms. Dougherty: Mr. Vice Mayor [sic], this is a 3,000 square foot restaurant. It's really a very small cafe. It's not a huge revenue generator, so no. It's -- we're literally talking 3,000 square feet. Chair Sarnoff. All right, we have a resolution. All in favor, please say aye." Commissioner Suarez: Aye. Commissioner Dunn: Aye. Commissioner Gort: Aye. Chair Sarnoff Aye. Vice Chair Carollo: No. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE MIAMI SCIENCE MUSEUM PROJECT, TO BE LOCATED AT APPROXIMATELY 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATELY 87 FEET 10 INCHES HEIGHT (N.G.V.D.), 3 STORY BUILDING (WITH INTERMEDIATE MEZZANINES), TO BE COMPRISED OF APPROXIMATELY 118,036 SQUARE FEET OF FLOOR AREA OF SCIENCE MUSEUM WITH GALLERIES, ACCESSORY SOCIAL SPACES, ACCESSORY SHOPS, AND ACCESSORY ENTERTAINMENT SERVICE CAFE; WITH THE City ofMiami Page 90 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PROJECT PROVIDING 223 OFF-STREET PARKING SPACES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-00494mu MUSPAnalysis.pdf 10-00494mu Zoning Map.pdf 10-00494 Miami21 Map.pdf 10-00494mu Aerial Map.pdf 10-00494mu MUSP PZAB Reso.pdf 10-00494mu Miami -Dade Aviation Department Letter. pdf 10-00494mu School Concurrency.pdf 10-00494v Variance Fact Sheet.pdf 10-00494v Variance Analysis. pdf 10-00494v Variance PZAB Reso.pdf 10-00494mu CC Legislation (Version 2).pdf 10-00494mu Exhibit A. pdf 10-00494mu Exhibit B.pdf 10-00494mu CC 09-23-10 Fact Sheet.pdf 10-00494mu Binder Cover. pdf 10-00494mu Binder Insert.pdf 10-00494mu Table of Contents.pdf 10-00494mu Article I. Project Information.pdf 10-00494mu I.A. Letter of Intent.pdf 10-00494mu I.B. Major Use Special Permit, Special Exception & Variance Applications.pdf 10-00494mu I.C. Zoning Write Up.pdf 10-00494mu I.D. ZoningAtlas.pdf 10-00494mu I.E. Project Data Sheet.pdf 10-00494mu I.F. Warranty Deed. pdf 10-00494mu I.G. Corporate Documents.pdf 10-00494mu I.H. Lobbyist Registration. pdf 10-00494mu I.I. Directory of Project Principals.pdf 10-00494mu II. Project Description. pdf 10-00494mu III. Supporting Documents.pdf 10-00494mu III. Tab 1. Minority Construction Employment Plan.pdf 10-00494mu III. Tab 2. Traffic Impact Analysis. pdf 10-00494mu III. Tab 3. Site Utility Study.pdf 10-00494mu III. Tab 4. Economic Impact Study & Environmental Study.pdf 10-00494mu III. Tab 5. Survey of Property.pdf 10-00494mu III. Tab 6. Architectural Drawings Submitted.pdf 10-00494mu-Submittal-Park View From Biscayne Boulevard. pdf 10-004944mu-Submittal-Presentation-Elvis Cruz. pdf LOCATION: Approximately 1075 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Museum of Science, Inc., Applicant and City of Miami, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions.* PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on July 21, 2010 by a vote of 7-2. Also, recommended approval of City ofMiami Page 91 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 the Variance to City Commission on July 21, 2009 by a vote of 5-4. See companion File ID 10-00494xc. *See supporting documentation PURPOSE: This will allow the development of the Miami Science Museum project. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Noes: 1 - Commissioner(s) Carollo R-10-0436 Chair Sarnoff PZ.2, is there a motion? Commissioner Suarez: So move. Chair Sarnoff Motion by Commissioner Suarez -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." Commissioner Suarez: Aye. Commissioner Dunn: Aye. Commissioner Gort: Aye. Chair Sarnoff Aye. Vice Chair Carollo: No. Chair Sarnoff All right, PZ.3. Lucia Dougherty: Thank you very much. Francisco Garcia (Director, Planning): IfI may, Mr. Chair. As pertains to the previous two items -- andl apologize for the tardiness of my remarks. Were these motions for approval with conditions? I do not think that that was specified on the record. Commissioner Gort: Yeah. Mr. Garcia: Approvals -- that was our recommendation, to approve with conditions -- Commissioner Gort: With the conditions -- Mr. Garcia: -- as read into the record. Commissioner Gort: -- said on the record, yes. Chair Sarnoff Who's the mover? Ask the mover. Commissioner Gort: I am. City ofMiami Page 92 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PZ.3 09-01007mu Chair Sarnoff The mover has it with conditions. Commissioner Suarez: And on mine as well, on the second one. Chair Sarnoff All right, both conditions. Priscilla A. Thompson (City Clerk): Okay. IfI might, just want to make sure with the City Attorney. Do those statements modifi, your resolution? Ms. Chiaro: They do not. Ms. Thompson: Okay, so we're adopting -- we're showing these are adopted on first -- I'm sorry, adopted resolutions as they were presented. Thank you. Vice Chair Carollo: I'm sorry, with the conditions or without the conditions? Ms. Chiaro: With the conditions. Including the conditions as stated on the record, which will be part of the MUSP approval and of the special exception approval. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13, AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE VILLAGES APARTMENTS PROJECT, TO BE LOCATED AT APPROXIMATELY 6886 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA, A.K.A. 755 NORTHWEST 67TH STREET AND 890 NORTHWEST 69TH STREET, MIAMI, FLORIDA, TO CONSTRUCT SIX (6) RESIDENTIAL BUILDINGS RANGING IN HEIGHT FROM APPROXIMATELY 68 FEET 8 INCHES TO 117 FEET, AND FROM 6 TO 12 STORIES HIGH, TO BE COMPRISED OF APPROXIMATELY 574 TOTAL MULTIFAMILY RESIDENTIAL UNITS ON AN APPROXIMATELY 731,420 SQUARE FEET OF FLOOR AREA, AND RECREATIONAL AMENITIES; AND APPROXIMATELY 850 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO (FAR) BONUSES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01007mu MUSPAnalysis.pdf 09-01007mu Miami 21 Map.pdf 09-01007mu Aerial Map.pdf 10-01007mu Letter of Intent.pdf 09-01007mu Application & Supporting Docs.pdf 09-01007mu Plans.pdf 09-01007mu Fact Sheet PZAB 09-15-10.pdf 09-01007mu-CC Legislation (Version 3).pdf 09-01007 m u-PZAB-R-10-038. pdf 09-01007 m u-PZAB-R-10-039. pdf LOCATION: Approximately 6886 NW 7th Avenue a.k.a. 755 NW 67th Street and 890 NW 69th Street [Commissioner Richard P. Dunn II - District 5] City ofMiami Page 93 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 APPLICANT(S): Iris V. Escarra, Esquire, on behalf of The Village Miami, Ltd. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on September 15, 2010. *See supporting documentation. PURPOSE: This will allow the development of The Villages Apartments project. Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0437 Chair Sarnofff. PZ.3. Harold Ruck (Planner II): PZ.3. Unidentified Speaker: Thank you very much. Chair Sarnofff. Thank you. Mr. Ruck: Item PZ.3 is a request for a Major Use Special Permits titled The Villages Apartments, 'located at approximately 755 Northwest 67th Street. This is to construct six residential buildings ranging in height from approximately 68 feet to 117 feet, 6 stories to 12 stories high or so, and encompassing approximately 574 multifamily residential units. The present zoning is R-4, and staff recommends approval with conditions. The Planning, Zoning andAppeals Board also recommended approval with conditions; however, the PZAB (Planning, Zoning andAppeals Board) recommended conditions slightly differing those from staff. For your benefit, I'd like to mention where the PZAB's recommendation differs from staff and perhaps that's the easiest way to address this. So if you'll indulge me, I'm going to be making reference to a revised set of conditions that you received, I believe, two or three days ago, and I'd like to make reference to condition B -- condition IIB, I should say. I'm sorry, I take that back. Condition IIA, which we agree with the PZAB should be removed. I'll read it just in case. That was to locate the highest intensities of the site closest to Northwest 7th Avenue commercial corridor and transition down in intensity in height towards the residential neighborhood. That condition, condition IIA, we agree with the PZAB should not be imposed on the applicant. From condition IIB on, we, staff recommend that you incorporate those conditions. I will read two which the PZAB did not recommend you follow. Those two are -- and the applicant will address them -- condition IIB, locate the buildings closer to 69th Street closer to the setback line. The third building should be moved up to the setback line to be able to preserve the existing trees behind the proposed building. And the other condition that the PZAB recommended not be followed is condition 11E, which says move the fences surrounding the site to be even with or behind the front edge of the buildings to keep the residential front yard character of the neighborhood. The remainder of the conditions, the PZAB and staff agree are worthy of your consideration and worthy of approval. Those two are the ones that we differ on. And with that, I will conclude our presentation and stand by to answer any questions you may have. Thank you. Chair Sarnofff. Let me open it up for a public hearing. PZ.3, public hearing is now open. Ms. Dougherty, you're recognized for the record. City ofMiami Page 94 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Lucia Dougherty: Thank you, Mr. Chairman, members of the Commission. Again, for the record, Lucia Dougherty and Iris Escarra, with offices at 1221 Brickell Avenue, here today on behalf of the owners and the applicant and the developers today are -- joining me this afternoon is Oliver Gross from the Urban League and Otis and Otoria Pitts from Peninsula Developers. Between these two entities -- and this is a joint venture between these two entities -- they have actually developed 2,000 affordable housing units throughout the state of Florida. The Urban League has been in existence since 1943. They have 105 offices throughout the country and -- but their mission is an interesting one. Their mission is to improve the quality of life for its constituents, and their constituents mainly are women house of -- heads of households with children. For I'd say 80 percent of the people that they serve are women heads of households, single mothers with children. And as a result, this project is actually a family housing project andl came here before you some time ago, about a year ago, to get the rezoning for this project. And at that time, I told you we don't intend to have a large density, but instead larger units, and that's what we're bringing here today. We have -- we could build 1,564 units. And in fact, we're building about a third of that, 776 units, all larger units for families. And this -- the Urban League has a great track record in trying to assist families and this is a neighborhood that needs the residential development. And just to orient you, it is -- this is 7th Avenue, Northwest [sic] Senior High School on 10th. We have 69th Street and 67th Street. The subject property is actually a multifamily structure that they took -- or there was a multifamily structure that was demolished about ten years ago by the Urban League and it was a -- basically a slum and blighted area at the time. So this is going to bring back more families and more people to actually serve the commercial development, which is actually coming aground on 7th Avenue. One of the things that -- and I'm going to have Anne Cotter from Arquitectonica to describe the project, but I wanted to just talk about the conditions that we would like to have removed. One of the conditions that the staff has asked, that the buildings actually move closer to 69th Street and that we remove the fences that are along 69th Street. And by the way, the fences are beautiful fences and they have landscaping on both sides, but they would like those removed so that each of these units actually have access to the street. We believe a better condition given this neighborhood is to move the buildings back, have a green space between the buildings and the street, and to provide a fence that actually provides a security for the owners of the property. That doesn't mean they can't relate to the street. That doesn't mean they can't go out into the street. It just means that there's a green space between the buildings and the street and a fence. We believe that that's a necessary condition for the security of our patrons or our constituents. I'd like Anne Cotter to now come describe the project. Anne Cotter: Hello. My name's Ann Cotter, with Arquitectonica, 801 Brickell. As Ms. Dougherty was saying, the project takes up a very large site and is bounded by three streets just west of 7th Avenue. The design concept was to provide housing that's accessible, not necessarily affordable -- just affordable in terms of a public housing project, but affordable housing that is also going to contribute to the well-being of the families. The residents would be predominantly families. So from that point of view, we wanted to design buildings that were economical, but well designed and had variety and had all -- a lot of benefits from a design point of view. We wanted -- so we provided a variety of projects -- variety of simple measures while keeping the plans straightforward and easy to build. The main design feature is these buildings that have a variety of massing. As you can see from the rendering here, the end from the plan, there are -- there's really never a long continuous wall. That is one of the reasons why we're asking to have the condition regarding the setbacks to be removed because we feel it's important that along not just each building but also along the whole street front that there's a variety in terms of the length of any one wall. We don't want to have all of the buildings lined up so that there's a -- kind of a long unwavering street front. And this is a fairly long street front. Basically, it's nearly three blocks long from nearly 7th Avenue to 10th Avenue. In addition, we have the entrances breaking up each building so that in the center of each of the buildings there's a total of six. You have an entrance that goes to the street as well as to the parking. Part of the economical aspect of the project is having on -grade parking. It's -- provides a more secure environment to getting City ofMiami Page 95 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 into the car. You can see more visually than you can if there's a structured parking garage. But the -- in order to provide the necessary parking, there is an on -grade parking garage that will be part of the phase III of the project. The -- as I mentioned, the project would be done in phases. The first phase would be to the east side with two residential buildings, and then the community facilities, the clubhouse, pools, and recreational areas outside. The second phase would be adding two more buildings going further to the west towards the high school, and then the third phase would be the final build out. As you can see from the site plan here, the landscaping is done to really kind of tie it together and work with the circulation of pedestrians going -from the various buildings to the community center as well as to address the aspects of the on -grade parking. The issue of the fence -- as Lucia mentioned, one of the conditions -- part of the condition that we're trying to have removed is it's asking that the fence that right now is along the -- between the property line at the sidewalk and the face of the building, that that fence be removed and put just next to the buildings. The reality is that, one, the design of this fence is not a solid fence. It has a pipe rail, that it has a design with a curved top that makes it coordinated with the rooftop profile of the buildings, and it's also something that doesn't create a visual block between the sidewalk and the units that are on the ground floor. So by -- we're providing a secure measure that's also providing a street front and urban friendly measure. And we feel it's important to maintain that between the sidewalks and the buildings, particularly since these are families that are going to be living here with young kids. We -- it's not just a matter of don't want the kids to be running out into the streets as well as people coming in. As I mentioned from the pedestrian point of view, there are accesses from each building to the street, and then there's two gatehouses that are securing the vehicular access. Ms. Dougherty: Anne, would you point out the elementary school which is adjacent to our site, too? So we have a high school adjacent to it and also an elementary school. Ms. Cotter: The high school is to the northwest of us at 10th and 67th Avenue and -- 67th Street, and the elementary school is just to the south of us. This is a vacant lot that's owned by the School Board, and then you have the WASA (Water and Sewer Authority) water treatment plant -- water storage. Ms. Dougherty: For phase one, we have a commitment from -- $7 million from the Neighborhood Stabilization Program, NSP 2. We have a $8 million commitment from Wells Fargo and CitiBank as private funding, and in 30 days we'll be applying to Miami -Dade for some funding as well, so we have pretty much our commitment for phase one so -- And the two bedrooms will be renting for $670 a month and the three bedrooms will be renting for $770 a month. Chair Sarnoff How much? Ms. Dougherty: Seven hundred and seventy. Chair Sarnoff. What was the one before that? Commissioner Gort: Six seventy. Ms. Dougherty: Six seventy. Chair Sarnoff. Cheap. All right, you want to save some for rebuttal? Ms. Dougherty: Yes. Chair Sarnoff All right. Anybody else from the general public wishing to be heard on PZ.3, please step up. You're recognized for the record. City ofMiami Page 96 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Alison Austin: Good afternoon. My name is Alison Austin, and I reside at 1140 Northwest 58th Street, Miami. And I'd like to preface my remarks by stating unequivocally thatl recognize and understand the district's need for workforce housing and quality affordable low-income housing, and this is a highly prized commodity that the district can ill afford to refuse. I'd also like to acknowledge that the partners that are working on this project are also partners with the agency that represent and highly respect their work. While recognizing that the district's housing needs is a front issue burner, we must not forget that economic development is equally important. For people to afford to stay in these homes, we have to find the economic development and opportunities for jobs. I think it was the Chairman who once asked what is the tax base in District 5. And so economic development and housing are major issues for urban core neighborhoods and one that should not supersede the other or any hierarchy of any needs agenda. However, over the past few years, housing has paced far ahead of economic development in my community. Economic development is still struggling to find a voice among the housing chatter. And without an economic blueprint rooted and a small business model, clearly District 5 is not positioned to take advantage of a new round of federal stimulus funds targeting small businesses. I will try to get through this very quickly. A few more moments, please. My purpose tonight is to make three very quick points. To express my concern regarding the lack of economic projects waiting in the wings ready to be implemented within the next 60 to 90 days. And because there are no projects waiting, the district will be unable to take advantage of any round of stimulus dollars that will become available. Secondly, to identify one of the major barriers to attracting -- Chair Sarnoff. Ms. Austin -- Ms. Austin: -- small businesses -- Chair Sarnoff. -- I'm going to give you -- Ms. Austin: Yes. Chair Sarnoff. -- 15 seconds to finish up. Ms. Austin: I will try to conclude, but -- please, just give me another moment. I'd appreciate that. Chair Sarnoff. I'm giving you 15 moments. Ms. Austin: Thank you. To accomplish the goal, there must be sufficient land available on commercial corridors to accommodate new or expanding businesses. The national model for economic growth is small business thriving on main street. To increase small business opportunities in the district, we must set aside land on commercial corridors. In conclusion, our policy makers must cease and desist the process of building residential housing on commercial corridors. We have very few of them in our district. Turning main streets into residential villages will continue an unabated process that will limit economic development forever. And so I ask that this resolution special permit -- Chair Sarnoff. Thank you. Ms. Austin: -- be tabled until the residents can meet with the developer to discuss all possible options -- Chair Sarnoff. Thank you. Ms. Austin: -- for the development of this property. I thank you. City ofMiami Page 97 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoff Thank you. Ms. Dougherty: And just in rebuttal, I wanted to say that this is not a commercial corridor, it doesn't front a commercial corridor. We don't own the property on 7th Avenue, so this has always been a residential street. Commissioner Dunn: Yeah, yeah. Ms. Dougherty: There's residences on both sides. It's zoned residential. We have never owned the property that is the commercial property on 7th Avenue. Chair Sarnoff This is pre-21, obviously. You're using R-3 and -- Ms. Dougherty: Correct. Well, it is pre-21; however, we do comply with -- Chair Sarnoff No, no, no. What I'm saying, that seems to be zoned R-3. You're not coming in for a zoning change. Ms. Dougherty: No, we are not. This is -- it is R-4, actually. This is -- it's R-4 now. But it never has been anything other than residential. That what I'm -- my point is. Chair Sarnoff Greenberg Traurig got it wrong? Ms. Dougherty: No. This is our zoning map for when we got it rezoned a year ago. We use things over and over again. We recycle. Chair Sarnoff So just to be clear, though, it is residential? Ms. Dougherty: It is. Chair Sarnoff All right. Ms. Dougherty: And it's never been anything but residential. Chair Sarnoff And not to steal his thunder, but neighborhood stabilization funding is exactly what it sounds like. Commissioner Dunn: Yeah. Chair Sarnoff It's not economic development. Ms. Dougherty: Right. Chair Sarnoff Okay. I apologize. You're recognized for the record. Commissioner Dunn: I don't know if the public hearing is closed. I'm ready -- Chair Sarnoff Well, let me -- yeah, let me just close the public hearing. Anybody -- I'm sorry. Anyone else in the public wishing to be heard on PZ.3, please step up. Hearing none, seeing none, coming back to this Commission. Why don't we get a motion for discussion? Commissioner Dunn: Mr. Chairman -- Chair Sarnoff You're recognized. City ofMiami Page 98 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Commissioner Dunn: -- so move. Chair Sarnofff. There's a motion by Commissioner Dunn -- Vice Chair Carollo: Second. Chair Sarnofff. -- second by the Vice Chair. Commissioner Dunn, you are recognized for the record. Commissioner Dunn: Thank you, Mr. Chair. I happen to know the area very, very, very well. I'm a graduate ofMiami Northwestern Senior High School in 1978. My wife has worked there as an educator for the past seven years. Both my sons attended Miami Northwestern in 2004 and in 2007. I also periodically drive through the area because most mornings, sometimes I take my wife to work even at this current timeframe. I remember -- andl would ask, maybe if someone -- maybe Mr. Pitts could speak to this -- is this a replacement, andl think it is by virtue of the name, of what used to be the Village Apartments? Am I --? That's pretty much what it is, right? Otis Pitts: You're absolutely correct. And it's only about 50 percent of what was previously there because a portion was taken for Northwestern. Commissioner Dunn: Absolutely. Commissioner Gort: Name and address. Mr. Pitts: I'm sorry. My name is Otis Pitts, Jr. I (UNINTELLIGIBLE) Peninsula Developers is our business. It's located at Northwest 7th Avenue and 62nd Street. Commissioner Dunn: If you had seen the Village 10 years ago, 20, 30 years ago, you would -- it is like night and day when you look at those -- the proposed affordable housing. While I agree with Ms. Alison in some -- to some extent, many people were displaced when the area was knock -- those buildings were knocked down. It is still a very high crime area. As a matter of fact, we had a shooting not too long ago on 71 st Street -- I was there -- 7th Avenue when the gentleman was in the taxicab. Constantly -- there was a shooting on 70th Street between 7th and 10th Avenue, so any kind of improvement to the quality of life, I -- andl know the type of operations and the housing -- if I'm not mistaken, I always like to refer on my history -- Mr. Pitts brings a stellar as well as -- Mr. Pitts: (UNINTET,TIGIBT,F) and Gross (UNINTELLIGIBLE). Commissioner Dunn: -- Mr. Oliver Gross brings -- they both -- from Urban League, as well as having been a McArthur fellow, am I correct? Mr. Pitts: That's correct. Commissioner Dunn: Okay. I'm just trying to remember some things that I -- and that is an award given based on providing quality affordable housing. I will support this 100 percent. It's a need for it. I -- there is a shortage. I can go down the list, 70th Street and 15th Avenue, ifI had my way, I'd take a bulldozer where the nine people were shot and knock it down, and then people at six hundred dollars and some change for two bedrooms, for three bedrooms at seven hundred, but what we're looking at, I think it's an opportunity -- a golden opportunity that would love to see in our district, so I'm going to support this wholeheartedly. Chair Sarnofff. Commissioner Gort. Commissioner Gort: Couple of questions. The first phase, how many people you believe will be City ofMiami Page 99 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 hired to work there? And I'm sure you're going to use people from the neighborhood. Mr. Pitts: Yes, we will use neigh -- people from the neighborhood. In fact, both -- my company is located in Liberty City on 7th and 62nd. The Urban League, of course, owns the land. It has a presence there as well. We will be hiring from the community. Approximately ten to fifteen people will be clearly hired in the first phase. For maintenance, lawn service and the like will be also contracted out; two contractors for which we now have contracts in the area. So we can imagine 20, 30 people might be impacted in the first phase alone, first tranche of houses of course. This will be built in tranches. By the time it's built out fully, easily we'll employ 25, 35 persons in that range probably (INAUDIBT,F). Commissioner Gort: Second question is the -- phase one, how many -- what's your average population do you believe will be in the building? You're talking about two bedrooms and three bedrooms. Mr. Pitts: The two bedrooms -- Commissioner Gort: More or less, give me a number. Mr. Pitts: A hundred and fifty units, two and three bedrooms, so we're looking at three to four, at a minimum, persons per household. Commissioner Gort: Okay. Which my understanding is and addresses the questions, economic development, if you have people living there, the people are going to do expenditure and they're going to use the facility within a block away from them. Mr. Pitts: Yes. Commissioner Gort: Okay. Mr. Pitts: That particular development fed a lot of the commercial along 7th Avenue, which has now disappeared, I might add. Bringing this population back allow us to attract retail back to that corridor. We've built an 83,000 square foot shopping center at the corner of 7th Avenue and 62nd Street, brought a lot of (UNINTELLIGIBLE) into that area. This is the kind of thing that will help to feed that. There's also a proposed transit project about to be built and some apartments as well. So we need this kind of retail -- I mean, this kind of residential to feed that corridor. It had a very negative impact on the businesses in that corridor once that facility was closed. Commissioner Gort: Thank you. Chair Sarnofff. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I think everyone here knows how near and dear affordable housing is to my heart. I intend to bring forward a Miami 21 amendment that will address affordable housing and the needs of our community, and it's something thatl think I'm going to bring as a discussion item in October so we have plenty of time to look at it, debate it, you know, to try to see if it can be passed before the end of the year so we can capitalize on some of the dollars that will be flowing. Andl am sympathetic to Ms. Austin's point about having economic development projects that can capitalize on monies that's flowing, andl think the private sector's the one that really has to make that decision and determination, but this quality of affordable housing is going to bring people at a cost of who can live there, if it's a two bedroom at a cost of about $300 -- $330 a unit. And if it's a three bedroom, it's about $240 a unit and that is as affordable as it can get -- City ofMiami Page 100 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Mr. Pitts: Yes. Commissioner Suarez: -- in terms of being able to live in a place that looks as beautiful as that place looks. Andl think part of investing in a community for a business is seeing that there's beautiful investment in the surrounding area, so I don't know what comes first. It's kind of like what comes first, the chicken or the egg. Does the, you know, housing -- the beautiful housing project that has affordable housing come first and then the commercial component comes in second or does -- do you build the commercial component first and then hope that someone comes in and develops it? I think the market really determines that -- Mr. Pitts: Yes. Commissioner Suarez: -- and -- but I agree that we should do everything that we can to help capitalize on monies that will flow down here for both very worthy causes. Chair Sarnofff. All right. Vice Chair. Commissioner Dunn: Mr. Chair, one more -- Chair Sarnofff. Sure. Go ahead, Commissioner Dunn. Commissioner Dunn: I just want to -- just elaborate just a second on the retail that's on Martin Luther King Boulevard -- Dr. Martin Luther King Boulevard, or 62nd Street, that extends from, what, about 5th Avenue or 6th Avenue to -- Mr. Pitts: Fifth Avenue, yes. Commissioner Dunn: -- 7th Avenue. You have a multiplicity of retail stores. You have the main grocer, perhaps the initial grocer that was there may not have had a problem had something like this been in place because of a lot of the displacement. So there is a whole lot going on. I mean, what you have -- some of the stores -- you have Foot Locker -- Mr. Pitts: Foot Locker. Commissioner Dunn: -- Subway -- Mr. Pitts: Yeah, Family Dollar. Commissioner Dunn: -- Family Dollar, yeah. It's -- Mr. Pitts: Humana is now coming to the area to do a 8,000 square foot facility to provide services -- Commissioner Dunn: Already there. Mr. Pitts: -- in the corridor. We have -- as our anchor supermarket -- (UNINTET,TIGIBT,F). Presidente has now moved in, totally renovated, a beautiful store there. I mean, the place is packed. Herald even did an article on the job these guys are doing in that particular store. It's employing now some 70 people in that store. So we have a center that's -- will hold against anyone -- any center anywhere. But you need to have residential, of course, to feed that, and that's going to be very important to strengthening and attracting additional retail. Commissioner Dunn: One more point. Additionally, the developments that Mr. Pitts has managed or been a part of particularly Tacolcy or Edison, the management is very adamant about fighting against crime, andl want to go on record and say it was through that tenant City ofMiami Page 101 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PZ.4 association that helped to push me to try to come up with enforcing the teen curfew. I went to one of the meetings and they said unequivocally, we are not going to tolerate any crime. And so when you have that, it changes not only for -- the face of the community, but it also, I believe, can serve as a deterrent -- I want to say that because every time I say this, people misquote me -- to crime. So -- because people tend, when there are stakeholders, when they feel good about their community, the quality of life, they tend to want to take care of it and they tend to fight against anything or anybody that might impede on that. Mr. Pitts: And l just want to commend you for your support, ongoing support, but just (UNINTELLIGIBLE) comment on a recent study by Harvard about what now -- this phenomenon we now have where families who were attracted out of these neighborhoods, were unable to afford them, are now having to come back, and they're coming back into the affordable housing projects such as this in neighborhoods they previously were lured away from but couldn't sustain. So this is much needed to be able to accommodate these families who are coming back all over America in these communities, so this is a very important project. Chair Sarnofff. All right. We have a motion, we have a second, gentlemen. It's a resolution. Maria J. Chiaro (Deputy City Attorney): Mr. Chair, this was moved by -- Priscilla A. Thompson (City Clerk): Commissioner Dunn -- Ms. Chiaro: Commissioner Dunn. Thank you. Ms. Thompson: -- and seconded by Vice Chair. I hold in my hands a substitution, is that correct, to PZ.3? Mr. Garcia: Yes, that's correct. And for the Commission's consideration, the choice remains whether to approve the item as submitted with conditions, as submitted in your package, or if you choose to agree with the recommendation of Planning, Zoning and Appeals Board, then I would like to remind you that you would be deleting three items from those conditions. Those items -- if you could make reference to those in your motion, those items would be condition IIA, IIB, and IIE, andl believe the latter proposal is the one favored by the applicants. Ms. Dougherty: Yes. We would ask that you delete 1 -- or A, B, and E. Mr. Garcia: A, B, andE. Chair Sarnofff. What is the maker's choice? Commissioner Dunn: To support the latter. Chair Sarnofff. Okay, so he's supporting it with the deletions. Does the seconder accept and understand that? Vice Chair Carollo: Yes. Chair Sarnofff. All right, so we have a motion, gentlemen, and we have a second, as modified. Ms. Thompson: Thank you. Chair Sarnofff. All in favor, please say aye." The Commission (Collectively): Aye. ORDINANCE Second Reading City ofMiami Page 102 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 10-006241u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 1814 BRICKELLAVENUE, MIAMI, FLORIDA, FROM "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL" TO "PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-006241u Analysis.pdf 10-006241u Land Use Map.pdf 10-006241u Aerial Map.pdf 10-00624lu Application & Supporting Documents.pdf 10-006241u PZAB Reso.pdf 10-006241u CC Legislation (Version 2).pdf 10-006241u & 10-00624za ExhibitA.pdf 10-006241u CC SR 09-23-10 Fact Sheet.pdf LOCATION: Approximately 1814 Brickell Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on June 16, 2010 by a vote of 8-0. See companion File ID 10-00624zc. PURPOSE: This will change the above property to "Parks and Recreation". Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13206 Chair Sarnoff. PZ.4. Lucia Dougherty: Thank you very much. Francisco Garcia (Director, Planning): PZ.4 andPZ.5 are companion items. These are before you on second reading. The first of them, PZ.4, is a land -use map amendment for a property located at approximately 1814 Brickell Avenue. The present designation of the property is medium -density multifamily residential and the change proposed is to parks and recreation. Your staff recommends approval. The item went to the Planning, Zoning and Appeals Board, which also recommended approval to the City Commission. City ofMiami Page 103 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoff All right. Let me open up a hearing. Anybody wishing to be heard on PZ.4, please step up. Hearing none, seeing none, coming back to this Commission. Commissioner Suarez: So move. Chair Sarnoff Motion by Commissioner Suarez -- Vice Chair Carollo: Second. Chair Sarnoff -- second by the Vice Chair. Any discussion, gentlemen? All right, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. PZ.5 ORDINANCE 10-00624zc Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" (IN ORDINANCE NO. 11000, AS AMENDED) MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "CIVIC SPACE (CS)", FOR THE PROPERTY LOCATED AT APPROXIMATELY 1814 BRICKELLAVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00624zc Analysis. pdf 10-00624zc Zoning Map.pdf 10-00624zc Miami 21 Map.pdf 10-00624zc Aerial Map. pdf 10-00624zc Application & Supporting Documents. pdf 10-00624zc PZAB Reso.pdf 10-00624zc CC Legislation (Version 2).pdf 10-006241u & 10-00624za ExhibitA.pdf 10-00624zc CC SR 09-23-10 Fact Sheet. pdf LOCATION: Approximately 1814 Brickell Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on June 16, 2010 by a vote of 8-0. See companion File ID 10-006241u. City ofMiami Page 104 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PURPOSE: This will change the above property to "CS" Civic Space. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13207 Chair Sarnofff. All right, PZ.5. Francisco Garcia (Director, Planning): Item PZ.5 is a companion to the previous item. This is the zoning atlas amendment for the same property, address 1814 Brickell Avenue. Staff recommends approval and so did the Planning, Zoning and Appeals Board for a change in zoning from multifamily medium -density residential to civic space. Commissioner Suarez: So move. Chair Sarnofff. All right. There's -- Vice Chair Carollo: Second. Chair Sarnofff. -- a motion by Commissioner Suarez, second by the Vice Chair. Public hearing is open. Anybody from the public wishing to be heard on PZ.5, please step up to the podium. Seeing none, hearing none, coming back to this Commission. Any discussion, gentlemen? Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. PZ.6 ORDINANCE Second Reading 10-00491 Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3825 DAY AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 105 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 10-004911u Analysis.pdf 10-004911u Land Use Map.pdf 10-004911u Aerial Map.pdf 10-004911u School Board Concurrency.pdf 10-004911u PAB Reso.pdf 10-004911u Application & Supporting Documents.pdf 10-004911u & 10-00491zc ExhibitA.pdf 10-004911u CC Legislation (Version 3).pdf 10-004911u CC SR 09-23-10 Fact Sheet.pdf LOCATION: Approximately 3825 Day Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of European Automotive, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 5, 2010 by a vote of 5-3. Also recommended to City Commission on May 5, 2010, when Miami 21 is adopted, to consider changing this property, along with the abutting four lots to the West, to the "Medium -Density Restricted Commercial" land use designation, by a vote of 5-3. See companion File ID 10-00491zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial". Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13208 Chair Sarnofff. PZ. 6. Francisco Garcia (Director, Planning): Item PZ. 6 and PZ. 7 are also companion items, a land -use change and a zoning change. Item PZ.6 is a land -use change from duplex residential to medium -density restricted commercial. The location of the property is at 3825 Day Avenue. And staff recommends denial. The Planning Advisory Board also recommended denial. We understand that there is a covenant being proffered by the applicant. As you may be aware, we as staff cannot consider a covenant to you, of course, and the Commission can. Chair Sarnofff. All right. Let me open it up to a public hearing. Ms. Dougherty, you're recognized for the record. Lucia Dougherty: Thank you, Mr. Chair. Lucia Dougherty and Iris Escarra, 1221 Brickell Avenue, here today on behalf of the owner and the applicant. This is the property that you passed on first reading. It is on US 1. It is just the parking lot behind it so that the GEM (Global Electric Motorcars) electric car brand-new facility can be located on there. You had asked us to provide a covenant, which we did, and it was approved by the Planning staff as well as the City Attorney. And it provides that there would be a wall on Day and a landscape buffer, no ingress and egress off of Day, as well as a three-story height limitation. City ofMiami Page 106 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoff All right. Anyone else in the general public wishing to be heard on PZ.6? Hearing none, seeing none, public hearing is now closed, coming back to the Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. Maria J. Chiaro (Deputy City Attorney): And PZ. 6 does not relate to any issues regarding the covenant. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. PZ.7 ORDINANCE 10-00491zc Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" (IN ZONING ORDINANCE NO. 11000, AS AMENDED), TWO-FAMILY RESIDENTIAL WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT TO "T5 0" URBAN CENTER ZONE OPEN AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3825 DAY AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00491 zc Analysis. pdf 10-00491zc Zoning Map.pdf 10-00491zc Miami 21 Map.pdf 10-00491zcAerial Map.pdf 10-00491zcApplication & Supporting Documents.pdf 10-00491zc PZAB Reso.pdf 10-004911u & 10-00491zc ExhibitA.pdf 10-00491zc CC Legislation (Version 3).pdf 10-00491zc CC SR 09-23-10 Fact Sheet.pdf LOCATION: Approximately 3825 Day Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of European Automotive, LLC City ofMiami Page 107 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on June 16, 2010 by a vote of 7-1. See companion File ID 10-004911u. PURPOSE: This will change the above property to "T5 0" Urban Center Zone Open and "NCD-3" Coconut Grove Neighborhood Conservation District. The applicant will proffer a covenant for this property. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13209 Chair Sarnofff. I think PZ.7 might have a voluntary covenant. Francisco Garcia (Director, Planning): That is correct. PZ.7 is a companion item to the previous one; same location, 3825 Day Avenue. This is to change the zoning from two-family residential or duplex with an SD-28, Village West Island Special Overlay District, and an NCD-3 Coconut Grove Neighborhood Conservation District. The change would be to T5 0 with the NCD-3 overlay remaining in place. And this is the item that has the covenant attached to it. Staff recommends denial. And the Planning and [sic] Zoning and Appeals Board recommended approval to the City Commission on first reading. Commissioner Suarez: Move it with the covenant. Commissioner Gort: Second. Chair Sarnofff. We have a motion, we have a second. Any discussion, gentlemen? All right, Madam City -- Vice Chair Carollo: Attorney. Chair Sarnofff. -- Attorney, it is an ordinance. Maria J. Chiaro (Deputy City Attorney): Mr. Chair, ifI could just correct the record. The petitioner stated that this Commission had asked for a covenant. My understanding is -- Chair Sarnofff. Commission never asks for covenants. They voluntarily -- Commissioner Gort: They volunteered it. Chair Sarnofff. -- provided a covenant. Ms. Chiaro: And so that affirmative statement -- Chair Sarnoff What petitioner would have said that? Ms. Chiaro: -- needs to be made by the petitioner on the record. Lucia Dougherty: This is a voluntary proffer of a covenant. City ofMiami Page 108 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoff Greenberg Traurig has shocked me now twice. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): And Chair, I apologize. I had recorded the mover as Commissioner Suarez, but I did not catch the seconder. Chair Sarnoff It was the Vice Chair. Ms. Thompson: Thank you. Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. PZ.8 ORDINANCE 10-00845zt Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", TO CREATE A NEW DIVISION, 7, ENTITLED "INTERIM FENCING FOR VACANT OR UNIMPROVED LOTS", IN ARTICLE XIII, ENTITLED " ZONING APPROVALS FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", TO CREATE A PROCESS TO ALLOW INTERIM FENCING FOR VACANT OR UNIMPROVED LOTS TO SECURE PRIVATE PROPERTY AND SET FORTH PROVISIONS FOR SAID PERMITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00845zt CC Legislation (Version 3).pdf 10-00845zt CC 10-28-10 SR Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will create a temporary permit process to allow securing of vacant or unimproved lots when no construction activity is taking place or no certificate of use is active for such properties. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Chair Sarnoff You're up to PZ (Planning & Zoning) -- Vice Chair Carollo: PZ.8. Dakota Hendon (Project Manager, Zoning): Good afternoon. Dakota Hendon, with the Planning Department. PZ.8 is a modification to Chapter 62 of the City Code entitled Zoning and Planning. "This will create a new division entitled Interim Fencing for Vacant or Unimproved Lots. Basically, what this will do -- and this is on second reading -- is allow vacant City ofMiami Page 109 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 or unimproved lots to put fencing at the property line which would otherwise not be allowed by the zoning ordinance in order to secure their lot. Vice Chair Carollo: Thank you. Let me open up a public hearing first. Is there anyone from the public wishing to speak on this matter? Anyone from the public wishing to speak on this item? Hearing none, seeing none, public hearing is now closed. Commissioner Gort. Commissioner Gort: Let me ask a question. My understanding is -- andl don't see it here -- that you're requiring to do landscaping between the fence? Mr. Hendon: Only in the case that you would use chain link. Chain -linked fences are required to be covered by landscaping. Commissioner Gort: The problem that I have with that is -- and this is just being open-minded -- once you (UNINTELLIGIBLE) and you cannot see inside, a lot of activity's going to be taken inside, and we not being aware of it. So that's something we really have to look into it. Vice Chair Carollo: With that said, is there a motion? Commissioner Suarez: So move. Vice Chair Carollo: Motion by Commissioner Suarez. Is there a second? Commissioner Dunn: Second. Vice Chair Carollo: Second by Commissioner Dunn. Any further discussion? Commissioner Sarnoff. Chair Sarnoff And I'm just curious 'cause I'm sort of just the opposite. I mean, you start fencing up the City ofMiami with vacant property -- you know, we had a vacant land sort of like parks initiative that to some degree worked and to some degree has not worked, but when you start putting up chain -link fences around the City of Miami -- and yeah, you guys will have a -- you'll put some small bush in front of it and in six months, those bushes will die 'cause the owner won't take care of it because he's got vacant land and he's probably hard-pressed for money. And we're going to have chain -link fences, which they're probably not going to put the crossbar on the top, which means somebody's going to climb it, it's going to fall over. We're going to have a decrepit fence in probably a year's time. I'm just curious as the wisdom to this. And know everybody's districts are different. I mean, some places may need a fence and some places may not need a fence. But this is across-the-board, and I'm just curious what kind of analysis have you done in terms of let's say, District 2 to District 5, District 1 to District 4. Why does it -- why is a fence better in one or not better in another? Have you done any of this kind of you know, review? Mr. Hendon: Well, the ordinance is citywide, so we have applied the same rules for everyone. The permit -- the temporary permits allowed for two years, so at the end of the two years, the City Manager or his designee has the ability to look into any reports from Code Enforcement, the NET (Neighborhood Enhancement Team) administrator, the Police Department, any of those, and either deny the permit and have them remove the fence or to make other changes to the fence that would be required. They are required by the ordinance to maintain an orderly and attractive appearance. So at the end of that two years, they will -- or the City will have the opportunity to say your fence is falling down, your -- the shrubs are not covering the fence or -- and we will have that opportunity -- Chair Sarnoff You know, I have Biscayne Boulevard, which is considered a view corridor, right. I have a Publix about on -- I guess on the 40s on Biscayne Boulevard. If you look at the fence City ofMiami Page 110 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 adjoining Publix, it has been falling down since I've been Commissioner. I have reported it probably 15 times. So if that's the extent that we can effect falling -down fences, why are we putting more up? Mr. Hendon: I think this ordinance would allow at least a little bit more ammunition for us because it is a permit that is required and it's only granted every two years and has to have a renewal every two years. Right now I believe fencing is either allowed or not allowed, and it's either -- it's by right -- there's no permit involved, so there's no review by any department in the City. It's just a building permit's issued so -- Chair Sarnoff But correct me if I'm wrong, to put a fence up anywhere I think requires a permit. Mr. Hendon: A building permit. But this would have a -- the City Manager, whoever's in charge of the temporary permits, actually giving them a permit in order to do this. Chair Sarnoff Okay, so I put my fence up, two years go by, things are horrible, things are bad, a lot of political signs have been put on my fence so people have climbed it. It's pushing over. You know where I'm talking about? I'm talking about -- Mr. Hendon: Absolutely. Chair Sarnoff -- US 1 and Bird Avenue and I'm talking about the old Culligan building. The fence collapsed. It is represented by a pretty famous lobbyist who's been in front of us, and that fence is on -- I don't know if that -- I don't know if US 1 's a view corridor, but it certainly is one of the most visible places in all of the City ofMiami. And how are you able to control that situation and why, if we do this, are you in better control? Mr. Hendon: I think we're in better control of this because it is a temporary permit that's issued. It's only for these vacant lands. And at the end of the two years, the permit can be revoked and it can be, you know, ordered to be taken down. I think the Code enforcement would be the -- our best tool. Vice Chair Carollo: Commissioners, you know, quite frankly, I'm hearing, you know, two of my colleagues, you know, giving very good arguments or at least concerns. It -- Does anybody have a problem --? And I'm well aware of how many stuffs [sic] we have deferred, but does anybody have a problem deferring this to the next meeting, at least for my purpose so I could have a little more time to study to this? 'Cause I think you bring two good arguments or issues up, and you know what, it makes me think now I may want a little more time to think about this. So I think Commissioner Suarez was the maker of the motion, correct, and he is not here. So as far as making that motion -- Commissioner Gort: Commissioner gets back. Chair Sarnoff No. I think the seconder can withdraw his motion [sic]. Priscilla A. Thompson (City Clerk): The seconder was -- Chair Sarnoff Second withdraw his -- Ms. Thompson: -- Commissioner Dunn. Chair Sarnoff -- second. Ms. Thompson: The seconder was -- City ofMiami Page 111 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Commissioner Dunn: Yeah. Ms. Thompson: -- Commissioner Dunn. Commissioner Dunn: I'll withdraw. Vice Chair Carollo: You'll withdraw? And then can -- Commissioner Dunn: Make a motion to defer. Vice Chair Carollo: Make a motion to defer. I have a motion by Commissioner Dunn -- Commissioner Gort: Second. Vice Chair Carollo: -- to defer, second by Commissioner Gort. What meeting? Deferred to October 28? To October 28, Commissioners? Commissioner Gort: Yeah. Commissioner Dunn: Sure. That's fine. Vice Chair Carollo: Go ahead, Commissioner Gort. Commissioner Gort: A suggestion. Instead of making it two years, make it yearly. Instead of two years, one year. Mr. Hendon: Okay. Commissioner Gort: Where it can be inspected every year. At the same time, my understanding is any of the fences that was addressed before by the Chairperson, Code Enforcement can enforce that because they have to pull a permit and they have to comply with that permit. So that could be a case of Code Enforcement, the ones we're addressing right now that have problems. Vice Chair Carollo: Commissioner, let's vote on the deferral and then -- you've heard the Commissioner. So when you bring it back to us, maybe bring it back to us with one year. We'll discuss it, you know, within, you know, the time period from now to October 28. But let's vote on the motion, which is a deferral, if you all don't mind. And is there any further discussion? All in favor, say iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion carries unanimously. PZ.9 ORDINANCE First Reading 10-006651u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3372 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA, FROM "MAJOR City ofMiami Page 112 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-006651u Analysis.pdf 10-006651u Land Use Map.pdf 10-006651u Aerial Map.pdf 10-006651u CC Application & Supporting Documents.pdf 10-006651u Survey.pdf 10-006651u Miami -Dade County Public School Cuncurrency.pdf 10-006651u PZAB Reso.pdf 10-006651u CC Legislation (Version 2).pdf 10-006651u & 10-00665zc ExhibitA.pdf 10-006651u CC 10-28-10 SR Fact Sheet.pdf LOCATION: Approximately 3372 NW 17th Avenue [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Transcon Land Development, LLC, Contract Purchaser, and NLP Plaza La Isabela, LLC, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on June 30, 2010 by a vote of 8-0. See companion File ID 10-00665zc. PURPOSE: This will change the above property to "Restricted Commercial". Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Vice Chair Carollo: And moving on to our last item, PZ.9, PZ.10. I think they're companion items. Francisco Garcia (Director, Planning): That is correct. PZ.9 and PZ.10 are companion items. These are before you for first reading. These are a future land -use map change and a zoning atlas change for a property located approximately at 3372 Northwest 17th Avenue. The -- Commissioner Gort: That looks good upside down. You're doing real good today. Mr. Garcia: The change in land use would be from major institutional public facilities transportation and utilities to restricted commercial. Your staff at the Planning Department recommends approval and the Planning, Zoning and Appeals Board also recommended approval to the City Commission. Vice Chair Carollo: Thank you. Ms. Dougherty. Lucia Dougherty: Good afternoon, Mr. Vice Chairman and members of the Commission. City ofMiami Page 113 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Vice Chair Carollo: Ms. Dougherty, hold you. Commissioner Gort, you want to speak on this? Commissioner Gort: I move it. I mean, I've asked for this about four months ago. Commissioner Dunn: Second. Vice Chair Carollo: Okay. I have a motion by Commissioner Gort, seconded by Commissioner Dunn. However, let me open up a public hearing. Is there anyone from the public wishing to speak on this matter? Anyone from the public wishing to speak on this matter? Public hearing is now closed, back to the Commission. I have a motion and a second. Is there any discussion? Madam City Attorney, it is an ordinance, if you could please read it into the record. Maria J. Chiaro (Deputy City Attorney): Yes. PZ.9 and PZ.10 relate to a change in the comprehensive plan, a change in zoning. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordnance has been passed on first reading, 4-0. PZ.10 ORDINANCE First Reading 10-00665zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "Gil" GOVERNMENT AND INSTITUTIONAL (IN ORDINANCE NO. 11000, AS AMENDED), TO "T6-8 0" URBAN CORE ZONE OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3372 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00665zc Analysis. pdf 10-00665zc Zoning Map.pdf 10-00665zc Miami 21 Map.pdf 10-00665zc Aerial Map.pdf 10-00665zc CC Application & Supporting Documents. pdf 10-00665zc Survey. pdf 10-00665zc PZAB Reso.pdf 10-00665zc CC Legislation (Version 2).pdf 10-006651u & 10-00665zc ExhibitA.pdf 10-00665zc CC 10-28-10 SR Fact Sheet. pdf LOCATION: Approximately 3372 NW 17th Avenue [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Transcon Land Development, LLC, Contract Purchaser, and NLP Plaza La Isabela, LLC, Owner FINDING(S): City ofMiami Page 114 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on June 30, 2010 by a vote of 8-0. See companion File ID 10-006651u. PURPOSE: This will change the above property to "T6-8 0" Urban Core Zone Open. Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Vice Chair Carollo: Now that's PZ.9. Do we also have to take a -- on PZ.10? Is there a motion on PZ.10? Commissioner Gort: Move it. Commissioner Dunn: Second. Commissioner Suarez: Second. Vice Chair Carollo: Motion by Commissioner Gort, seconded by Commissioner Suarez. Let me open up the public hearing. Is there anyone from the public wishing to speak on this item? Anyone from the public wishing to speak on this item? Hearing none and seeing none, the public hearing is now closed, back to the Commission. I have a motion and a second. Is there any discussion? Hearing no discussion, Madam City Attorney, it's an ordinance, if you could please read it into the record. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Vice Chair Carollo: Thank you, Madam City Clerk. Lucia Dougherty: Thank you. PZ.11 ORDINANCE First Reading 10-00767zt AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE I, ENTITLED "DEFINITIONS", BY MODIFYING THE DEFINITION OF COMMUNITY SUPPORT FACILITY AND ADDING A DEFINITION FOR CIVIL REHABILITATION FACILITIES, AND BY AMENDING ARTICLE 6, ENTITLED "SUPPLEMENTAL REGULATIONS", TO REQUIRE AN EXCEPTION AND PROVIDE REGULATIONS AND DISTANCE REQUIREMENTS FOR SUCH FACILITIES TO EXIST IN CERTAIN TRANSECTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING City ofMiami Page 115 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PZ.12 09-01464za FOR AN EFFECTIVE DATE. 10-00767zt Exhibit A. pdf 10-00767zt PZAB Reso.pdf 10-00767zt CC Legislation (Version 3).pdf 10-00767zt CC 09-23-10 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on June 30, 2010 by a vote of 8-0. PURPOSE: This will add a new definition for Civil Rehabilitation Facilities, provide that such facilities shall only exist in the CI -HD (Health District) Zone, and require distance requirements of two thousand five hundred (2,500) feet between such facilities. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBER 16, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR OUTDOOR ADVERTISING SIGNS, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. 09-01464za ZB Appeal Letter & Supporting Documents.pdf 09-01464za ZB Reso Including Notary Page.pdf 09-01464za ZB Backup - Zoning Administrator Appeal Letter & Supporting Documents.pdf 09-01464za CC Fully -Executed Legislation (Version 3).pdf 09-01464za CC Fully -Executed Legislation (Version 4).pdf 09-01464za Memorandum from Barnaby L. Min.pdf 09-01464za CC 10-28-10 Fact Sheet.pdf APPELLANT(S): Bob de la Fuente, Esquire, on behalf of Outlook Media of South Florida, LLC FINDING(S): OFFICE OF ZONING: Recommended denial of the appeal and uphold the zoning administrator's interpretation. ZONING BOARD: Denied the appeal on March 22, 2010 by a vote of 6-1. City ofMiami Page 116 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PZ.13 10-00044x PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 10-00044x Analysis. pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map. pdf 10-00044x Miami 21 Map.pdf 10-00044x Letter of Intent. pdf 10-00044x Application & Supporting Docs. pdf 10-00044x Plans.pdf 10-00044x ZB Reso.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x ZB Appeal Letter. pdf 10-00044x CC Legislation (Version 3).pdf 10-00044x CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a ExhibitA.pdf 10-00044x & 10-00044x-a Exhibit 1.pdf 10-00044x CC 10-28-10 Fact Sheet.pdf LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): W. Tucker Gibbs, Esquire, on behalf of Brickell View West Apartments, Inc., Adjacent Property Owner APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV City ofMiami Page 117 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x-a. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PZ.14 RESOLUTION 10-00044x-a A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 10-00044x Analysis. pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map. pdf 10-00044x Miami 21 Map.pdf 10-00044x Letter of Intent. pdf 10-00044x Application & Supporting Docs. pdf 10-00044x Plans.pdf 10-00044x ZB Reso.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x-a ZB Appeal Letter. pdf 10-00044x-a CC Legislation (Version 3).pdf 10-00044x-a CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a ExhibitA.pdf 10-00044x & 10-00044x-a Exhibit 1.pdf 10-00044x-a CC 10-28-10 Fact Sheet.pdf LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and City ofMiami Page 118 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 PZ.15 06-00840x1 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): John K. Shubin, Esquire, on behalf of 1701 Brickell Condominium, LLC and Peacock Development, LLC, Adjacent Property Owners APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES OF "R-1" SINGLE-FAMILY RESIDENTIAL, TO ALLOW A CHILD DAY CARE CENTER OF MORE THAN TWENTY (20) CHILDREN, ACCORDING TO ZONING ORDINANCE SECTION 936 AND SUBJECT TO ALLAPPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1800 AND 1806 SOUTHWEST 2ND COURT, MIAMI, FLORIDA. City ofMiami Page 119 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 06-00840x1 Analysis.pdf 06-00840x1 Zoning Map.pdf 06-00840x1 Miami 21 Map.pdf 06-00840x1 Aerial Map.pdf 06-00840x1 Letter of Intent.pdf 06-00840x1 Application & Supporting Docs.pdf 06-00840x1 Plans.pdf 06-00840x1 PZAB Reso.pdf 06-00840x1 PZAB Appeal Letter.pdf 06-00840x1 CC Legislation (Version 3).pdf 06-00840x1 CC Legislation (Version 4).pdf 06-00840x1 ExhibitA.pdf 06-00840x1 CC 10-28-10 Fact Sheet.pdf LOCATION: Approximately 1800 & 1806 SW 2nd Court [Commissioner Frank Carollo - District 3] APPELLANT(S)/APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Natalia Montano & Roberto Salazar and Alejandro & Ellen Bonet FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the original request. PLANNING, ZONING AND APPEALS BOARD: Denied the Special Exception on June 30, 2010 by a vote of 8-0. PURPOSE: The approval of this appeal will allow an increase in the number of children of an existing daycare center by 30 for a total of 60 children. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF City ofMiami Page 120 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 NA.1 10-01150 NA.2 10-01170 END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM CHAIR SARNOFF STATED THAT SPECIAL MIAMI CITY COMMISSION MEETING WILL BE HELD ON SEPTEMBER 27, 2010 AT 4:00 PM, REGARDING FUNDS THAT THE CITY OF MIAMI ADVANCED TO THE CRAS. DISCUSSED Chair Sarnoff It looks like we can pretty much get into one order of business, which appears to be that we're going to need to call for a special meeting and I'm going to announce this. Pursuant to Section 2-33(i) of the Code of the City ofMiami, Florida, as amended, I'm calling for a special meeting of the Miami City Commission, 4 o'clock, Monday, September 27, 2010 at the Miami City Hall, located at 3500 Pan American Drive, Miami, Florida. The purpose of this special meeting is to consider demands that the City ofMiami is making of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies, CRAs, regarding funds that the City advanced on behalf of the CRAs. Madam Clerk, to the extent that is a sufficient notice, I'd ask you to follow up. Priscilla A. Thompson (City Clerk): And you will be sending me something in writing so thatl can post it at all locations, on the Web site and on our meetings calendar. I appreciate that very much. Thank you. Chair Sarnoff Thank you, Madam Clerk. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING AND CONSOLIDATING THE NOVEMBER 11, 2010 REGULAR COMMISSION MEETING AND THE NOVEMBER 25, 2010 PLANNING AND ZONING City ofMiami Page 121 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 COMMISSION MEETING TO NOVEMBER 18, 2010 AT 9 A.M.; FURTHER RESCHEDULING AND CONSOLIDATING THE DECEMBER 9, 2010 REGULAR COMMISSION MEETING AND THE DECEMBER 23, 2010 PLANNING AND ZONING COMMISSION MEETING TO DECEMBER 16, 2010 AT 9 A.M. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0438 Chair Sarnoff Gentlemen, also, there's an issue regarding the December and the November meetings. I think, as you all know, if we do two meetings in November and two meetings in December, those meetings, one of them will fall on a holiday. It has been suggested, as we have done in the past, that we combine the November meeting to one meeting, as well as the December meeting to one meeting. It's been proposed of November 18. It's been proposed of December 16. I think that's been cleared with everyone's schedule. I'm not sure if the Vice Chair is aware of that. Vice Chair Carollo: Okay. Chair Sarnoff You are. Is there a motion then to combine the meetings and have them advertised for the 18th and the 16th? Commissioner Suarez: So move. Chair Sarnoff We have a motion by Commissioner Suarez, second by Commissioner Dunn. Any discussion. Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff All right. That should take care of pretty much of housekeeping. NA.3 ORDINANCE 10-01138 Draft (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13178, ADOPTED MAY 27, 2010, WHICH ESTABLISHED A ONE -HUNDRED TWENTY (120) DAY TEMPORARY MORATORIUM ON THE ISSUANCE OF BUSINESS TAX RECEIPTS FOR COIN OPERATED MACHINES AND AMUSEMENT MACHINES, BY EXTENDING THE MORATORIUM FOR AN ADDITIONAL THREE (3) WEEKS TO THE OCTOBER 14, 2010, CITY COMMISSION MEETING; PROVIDING FOR A SEVERABILITY CLAUSE AND AN IMMEDIATE EFFECTIVE DATE. 10-01138-Submittal-Draft of Legislation. pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13193 City ofMiami Page 122 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnoft Anything else regarding the --? I think we're done with the supplemental agenda, but Mr. Mayor, I know you have some issues on the regular agenda, so I want to take your issues for the regular agenda. If you could steer me to them, that would be greatly helpful to me. Mayor Tomas Regalado: No, Mr. Chairman. Since the Administration has defer the coin -operated machines ordinance 'cause it need to be revised and it's coming back on the 14th, we do need to have a pocket item extending the moratorium by three weeks to the October 14, 2010 date. At that time the City Commission will act on this ordinance. And the City Attorney's Office is distributing the pocket item. It's very simple. It's just extending the moratorium that you approved for the coin -operated machines to October 14, 2010. Commissioner Suarez: So move. Commissioner Dunn: Second. Chair Sarnoff We have a motion by Commissioner Suarez, second by Commissioner Dunn. Can I just ask an indulgence for one moment? I haven't read this. Vice Chair Carollo: I haven't either. Chair Sarnoff All right. You okay? Mayor Regalado: And I'm sorry about doing this. We could have done it in the afternoon, but since you have a very difficult agenda in the afternoon, we wanted just to get it out of the way. Chair Sarnoff Is there anything else you're going to be heard on today, other than pocket item -- this pocket item? Mayor Regalado: No. Well, yeah, the update on the financials and -- Commissioner Gort: Yeah. That'll be -- Chair Sarnoff Well, let -- Mayor Regalado: -- we can -- Chair Sarnoff Well, let's -- I don't want to go to that 'cause I think Commissioner Carollo's wants to -- I know he's going to be attentive to that, so let's just give him a moment. Vice Chair Carollo: Thank you, Mr. Chairman. And could I have the floor for a second? Chair Sarnoff Absolutely. You're recognized. Vice Chair Carollo: Thank you, Mr. Chairman. Madam City Attorney, I just want to verify. This is just extending for three weeks the moratorium that we already have, correct? Julie O. Bru (City Attorney): Correct, because if not, we will not have a regulatory scheme in place when these BTRs (Business Tax Receipts) come for renewal. I guess they come on October 1, or whatever, so we really need to get our regulatory scheme in place before we go ahead with the issuance of additional BTRs for the new fiscal year. Vice Chair Carollo: So this was -- will actually just extend what we have right now for three weeks? Ms. Bru: Maintain the status quo. City ofMiami Page 123 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Vice Chair Carollo: Thank you. Chair Sarnoff All right. Vice Chair Carollo: Thank you, Mr. Chairman. Chair Sarnoff All right. Is there a motion? Commissioner Gort: Move it. Priscilla A. Thompson (City Clerk): Your -- I'm -- Commissioner Gort: It was moved already. Chair Sarnoff We have a motion and a second? Ms. Thompson: Yes, you have a -- Chair Sarnoff All right. Sony. Commissioner Gort: Suarez moved it. Chair Sarnoff All right, any discussion. Any other discussion, gentlemen? Hearing no further discussion, all in favor, please say aye." Ms. Thompson: Excuse me. Ms. Bru: This is an ordinance. You have to -- Vice Chair Carollo: Mr. Chairman. Ms. Thompson: It's -- Ms. Bru: It's -- Ms. Thompson: I'm sorry. Ms. Bru: -- an emergency ordinance, so we have to open it up to the public, and then also we'll have two roll calls -- Ms. Thompson: Right. Ms. Bru: -- after I read it. Ms. Thompson: Thank you. Chair Sarnoff Oh, I'm sorry. I thought this was a resolution. This is an ordinance? Okay. Anyone from the public wishing to be heard on pocket item one, an emergency ordinance extending the moratorium on the issuance of business tax receipts for coin -operated machines and amusement machines up to and including October 14, 2010? Anyone wishing to be heard? Hearing none, seeing none -- Vice Chair Carollo: No, no. I think -- City ofMiami Page 124 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Chair Sarnofff. All right. Start clicking that two minutes off. Mariano Cruz: Mariano Cruz, 1227 26. No. Anything that's done or deferred to (UNINTELLIGIBLE) to try to get more money for the City, that's fine with me, okay. That's why I agree with deferment. Chair Sarnofff. Anything? Mr. Cruz: No. I don't oppose that. Chair Sarnofff. All right. Mr. Cruz: I know you -- Chair Sarnofff. You said anything. Mr. Cruz: -- you got two people -- Chair Sarnofff. I just wanted to -- Mr. Cruz: -- there in Finance. They working very nice to try to, you know, find money. We need green, not the green of the building; the green of the money. Chair Sarnofff. I'm just going to remember that you said anything we can do. Mr. Cruz: Well, whatever you can do there. Chair Sarnofff. Okay. Mr. Cruz: You are elected to represent us, all right. Chair Sarnofff. It's a profound statement. It was a profound remark. We'll always record it as such. Mr. Cruz: Remember Voltaire. I might be (UNINTET,TIGIBT,F) what you say, butl defend to the death your right to say so, okay. Chair Sarnofff. That's a good person to bring up. Thank you, Mr. Cruz. Anyone else wishing -- from the public to be heard on pocket item number one? Hearing none, seeing none, coming back to the Commission. Madam City Attorney, it is an emergency ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your first roll call. Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: I'm going to vote yes. However, you know, especially with an ordinance, I would like to have received this a little earlier on and know that we were going to be doing this. I know it's subject to, you know, the deferral of the other item, but I'll vote yes on it. Ms. Thompson: Okay, continuing. Commissioner Dunn? City ofMiami Page 125 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Commissioner Dunn: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff Yes. Ms. Thompson: Your second roll call. Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: Yes. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff Yes. Ms. Thompson: The ordinance has been passed as an emergency measure, 5-0. Chair Sarnoff. All right. Mr. Mayor, are we done with your items? I think that's -- Mayor Regalado: Yes, sir. Chair Sarnoff. Oh, no. You were going to do the financials, right? Carlos A. Migoya (City Manager): Not today. Chair Sarnoff Okay. NA.4 DISCUSSION ITEM 10-01172 UPDATE BY THE ADMINISTRATION ON THE CITY OF MIAMI'S 2009-2010 FISCAL YEAR BUDGET. 10-01172-Submittal-General Fund Monthly Forecast.pdf DISCUSSED Mayor Tomas Regalado: So what we are distributing now is the information, and the Budget director and the Manager will be reporting to you on this matter. Mirtha Dziedzic (Director, Strategic Planning, Budgeting & Performance): Mirtha Dziedzic, Budget department. This is the update as of July for fiscal year ending September 30, 2010. The City ofMiami Page 126 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 deficit -- the projected deficit worsened from 20 million to 22 million. This is largely due to the tax certificate sales receipts. In July the City receives a portion of their certificate sales. In the past two years, we've received between 14 and $16 million and in the current fiscal year, we've only received $10 million. Chair Sarnoff Try to explain to the ladies and gentlemen of the general public what that is in lay -- as -- Ms. Dziedzic: Mr. Manager, would you like to explain the certificate? Chair Sarnoff Well, some people don't know what a tax receipt is. Ms. Dziedzic: Tax certificates are on those properties that do not pay their taxes. There's an auction done by the County where people can pay those taxes. And in three years' time, they would become owners of those properties. We just have not been collecting those -- the revenues this year just didn't come in at (UNINTET,TIGIBT,F). Carlos A. Migoya (City Manager): Mr. Chair, what happened this summer is that there's been a lot of appeals, number one, that have delayed some of the sales certificates because they've been further delayed. In addition to that, the tax certificate market has not been as -- Ms. Dziedzic: Strong. Mr. Migoya: -- positive as it has been in other times, so there's been some delay of sales as well. So for those reasons -- there were not that many -- for two -- for those two reasons, the tax certificates did not sell as strong as they have in the past, and therefore, we've had a drop in the revenue from those tax certificates that typically we get in July. Chair Sarnoff All right. Commissioner Suarez: Mr. Chairman. Chair Sarnoff Yeah. You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. This is a big concern for me because these certificates are very safe investments. And what happens is they go to auction, there's a bid on the interest rate, and they're backed by real estate. So the fact that we have lost a significant amount of revenue than what we budgeted from last year worries me. And l just want to ask the Manager -- andl know that we're -- I'm kind of getting ahead of myself because we have the budget meeting on Monday -- if you could explain what kind of actions you've taken in terms of your expectation on this in the next fiscal year. Mr. Migoya: Well, frankly, we believe, based on the conversation we've had with the appraiser and everything else, a lot of what's happening with the Value Assessment Boards and so forth, that they've actually caught up. So we believe that we should be in much better shape for next year as far as the collections because they have now caught up on a lot of the value -- the appeals on values. So therefore, that being the case, we should be able to see a good collection of what those numbers should look like and have a better stability of what that looks like. Having said that, we still have a -- for our budget, we have a collection at the 90 percent rate, which is pretty much in line with where we are for this year. Commissioner Suarez: But did you revise your budget based on the actual of this year? Has it been revised? Mr. Migoya: We -- for the actual of this entire year, yes, we did, sir. That's -- City ofMiami Page 127 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Commissioner Suarez: No. I'm saying for next year, do we have --? Mr. Migoya: Yes, we did. Commissioner Suarez: Okay. Mr. Migoya: We actually revised our budget for next year based on this year's collectability. Commissioner Suarez: That's kind of what I wanted to -- Mr. Migoya: Yes. Commissioner Suarez: -- get out there. Because this is a liquidity -- we talked about this in our meeting -- in the general market type of issue because these are very, very safe investments. Commissioner Gort: Yes. Commissioner Suarez: The investors always get paid on these things. And if they don't, they have a right to foreclose on the property to recapture their investment. So it's concerning [sic] to me that it signifies that our economy is still weak and that there's not a lot of liquidity out there. And if -- I just want to make sure that for next year -- because you weren't a part of the process when this was originally budgeted, so I just want to make sure that we don't make the same overcalculation next year. Mr. Migoya: No. That's what -- but that's what we've adjusted. Ms. Dziedzic: Correct. Mr. Migoya: And that's why even though, statutorily, we budgeted the 95 percent, remember that we have that allowance under -- below the line that brings us to that 90 percentile so that we do keep it in line with this year's collections. Commissioner Suarez: So you're saying that that's incorporated into -- that this is incorporated into that? There's no separate line -- Mr. Migoya: Into the -- Commissioner Suarez: Got it. Mr. Migoya: -- 2011 budget. Yes, sir. Commissioner Suarez: Thank you. Chair Sarnoff Commissioner Gort. Commissioner Gort: Let me ask this question. My understanding, that it was reduced by $10 million. Was that reduced because people, when they bought the certificate, they bought it at a discount or because some of the certificate has not been paid -- have been -- not been sold? Ms. Dziedzic: Some certificates have not been sold -- Commissioner Gort: Okay. Ms. Dziedzic: -- and some have been reduced in value, but some are not -- City ofMiami Page 128 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Commissioner Gort: Yeah. But this -- we're talking about three years ago. Property values three years ago was not reduced. Mr. Migoya: But they're still -- they were just catching up on the -- on all the appeals. Ms. Dziedzic: Their -- Mr. Migoya: And what happens that they're sold at a given date. If they're not in that given date, they get moved on to the following year, which is what the City -- the County appraiser has been saying that they caught up. Commissioner Gort: Oh, okay. Well, that's whatl wanted to know, why the reductions. Okay, thank you. Mr. Migoya: So that -- all that gets moved to the following year, so that's -- Commissioner Suarez: Mr. Manager, are you -- Mr. Chairman, ifI may? -- saying that some people who didn't pay their taxes actually appealed the value and then that was --? Mr. Migoya: When you appeal the value -- Commissioner Suarez: Right. Mr. Migoya: -- you can do it one of two ways. You can either pay your taxes -- Commissioner Suarez: Right. Mr. Migoya: -- and then -- Commissioner Suarez: Or you can just appeal. Mr. Migoya: -- you get a credit or just not pay your taxes -- Commissioner Suarez: And appeal. Mr. Migoya: -- and you appeal. In many of these three years have been people that have not paid their taxes, so you have certificates. Commissioner Suarez: Right. Mr. Migoya: But because they have an appeal, you can't sell those certificates. Commissioner Suarez: And as you said, the property appraiser has been working on speeding up the process of actually working through these appeals so that -- Mr. Migoya: That's correct. And they've given us a report that they basically are caught up, is what they've said. Ms. Dziedzic: They're supposed to be ending their 2008 VAB (Value Adjustment Board) as we speak, the Value Adjustment Board. So they'll be -- just 2009 will be the only one outstanding. Chair Sarnoff. Anyone else? All right, I don't think you finished when I interrupted. Ms. Dziedzic: Well, we would have been able to absorb these losses in revenues because our City ofMiami Page 129 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 expenditure line items have been reducing. We've been very diligent in reducing those costs, but there are additional items that we did not have in June that now we are capturing. We're estimating an additional $1.3 million of one-time payouts. Those are vacation and sick time payouts for people separating from the City, the Rule of 64, or any other separations from the City. Additionally, there was an FY-09 shortfall in the FOP (Fraternal Order of Police) health trust of $955, 000 that we have to fund this current fiscal year. And there is a one-time IRS (Internal Revenue Service) penalty for tardiness in reporting payroll taxes of $110, 000. Chair Sarnoff. Could you sort of expand on -- we obviously understand vacation payouts -- why is there a shortfall and why are we being -- why are we have -- suffering a penalty from the IRS? Mr. Migoya: We had an employee that was in charge of making the payments and twice, she was late in making those payments. That person is no longer with the City at this point in time. But because of that second -- this penalty has to do with the second late penalty. We already had dealt with the previous one. And that's why we were late. The fact is that we didn't submit it on time. Chair Sarnoff. Is there a procedure or protocol you put in place, other than a person, to ensure that doesn't happen? Diana Gomez: Diana Gomez, Finance director. Yes, Commissioner. Since the payroll function has come back to the Finance Department, we have now implemented several procedures to ensure that tax deposits happen timely. We are doing them online versus on this phone version that was being done in the past. We get confirmation. We get -- we send it out and make sure that Friday morning the money has been removed, and we have somebody else double checking on Monday morning to make sure that it actually has been gone. So if not, we still have Friday and Monday to do it if the initial person fails to do it on Thursday. Commissioner Suarez: Mr. Chairman. Chair Sarnoff. So that if somebody's on vacation, somebody has a sick child, somebody wants to take a sick day, somebody takes a vacation day, it's all planned for? Ms. Gomez: That is correct. Chair Sarnoff. Commissioner Suarez. Commissioner Suarez: No. Andl think the most important part is that you're holding -- that you held the person accountable. And know the Vice Chairman had expressed, you know, frustration, which I agree with, regarding actions that seem to be detrimental to the City where nothing seem to be being done about it, andl think that -- I applaud you for doing that, andl think that reflects a difference in philosophy in your management style and thank you for that. Chair Sarnoff. And could you just tell us why there's a shortfall with the health trust. Ms. Dziedzic: We are required to cover a certain percentage of the health trust cost and they're based on the experience, the estimated -- the anticipated experience. When the year closes, the actual costs come in and this is the requirement for the City. This is the shortfall. Chair Sarnoff. So if somebody didn't project -- I don't know how to put it. A lot of people got sicker or more illnesses -- Ms. Dziedzic: The experience was higher than what was anticipated. Chair Sarnoff. Is that a misbudgeting [sic] strategy? Is that -- no? Just a higher incidence of City ofMiami Page 130 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 people getting sicker? Larry Spring: Larry Spring, chief financial officer. Commissioner, it is not a misbudget [sic]. You -- we do it in our own plan as well. You do an estimate of the experience at the beginning of the year based on historicals and actuarials and some -- you know, something additional happens. It is not a shortfall. It's just a true up that we have to do based on our agreement to cover 65 percent of the costs. Chair Sarnoff So -- Mr. Spring: And it happens every -- and we do this true up every year around the same time. Chair Sarnoff Well, we're looking at a true up that is -- Mr. Spring: A million dollars. Chair Sarnoff -- going -- inevitably going to the general fund. Mr. Spring: Yeah. Chair Sarnoff Maybe not today, but it's going to. So let me go where Commissioner Suarez went. What are we doing this year? Are we putting some sort of 5 percent variance in it? Mr. Spring: Well, if you recall with the imposition of the contract, we say we're leaving our -- we're contributing a static amount of dollars to the FOP health trust moving forward. So we've agreed to do this one amount of money and there will be no additional -- Mr. Migoya: The FOP, what we looked at was 12 million. The actuarial reserves are actually at 11 million, so that change -- you basically have a million dollar reserve on that one to begin with, so that's a start. Mr. Spring: So we'll be protected. Chair Sarnoff But you're saying our imposition required a static amount. They go over it -- Mr. Spring: They would have to make some adjustments to their plans, increase employee contributions. Chair Sarnoff I just want to make sure that we've made some changes that it won't -- Mr. Spring: Right. Chair Sarnoff -- happen again. Mr. Migoya: But remember something, we'reself-insured as it relates to our own health plan. Chair Sarnoff Right. Mr. Migoya: So we have volatility there. We're going again under -- as Larry said, we have actuarials that are giving an estimate as what they are, but then, you know, that within itself is 30-plus million dollars (UNINTELLIGIBLE) volatility. Mr. Spring: Excellent point the Manager made. You have a heart attack, a kidney transplant, some procedure that is well out of the norm that we -- experience that we hadn't been receiving, you'll get -- you know, you'll see it. I think this Commission knows about some of the heart bill City ofMiami Page 131 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 claims, all those on workman's comp. Again, those are estimates and, you know, you kind of have to work through them. We do our best to project going forward, look at the experience see what's coming down the pike. But again, you know, you have these estimates -- you know, we work with Budget to try to -- as they come and we see the experience changing or the trend changing, get to Budget so that we can let the Commission know as soon as possible so we can move forward. Chair Sarnofff. Okay. Go ahead, Mirtha. Ms. Dziedzic: Additionally, in this month's projection process, we've been reconciling different special rev -- all the special revenue funds throughout the City and at the project level. We have found that there are some deficits in certain projects that the general fund will need to cover and they are outlined in the handout I gave you. Particularly, there is 2.2 million that needs to be returned to the Economic Development special revenue fund for DRI (Development of Regional Impact) fees that were transferred to the general fund in 2007. The Public Works special revenue fund has a shortfall of 136, 000. NET (Neighborhood Enhancement Team) and Code special revenue has a deficit of $1.3 million; Strategic initiatives for the parks rollover has a deficit of almost 550,000; and Parks special revenue fund has a combined shortfall of $2, 500. When you combine all of these shortfalls, the total amount that needs to be returned to special revenue funds at the time is $4.2 million. It does not include any deficits in the Police special revenue funds, LETF (Law Enforcement Trust Fund), Fire, services fee, emergency services, or homeless. We're still conducting those reconciliations as we speak. Chair Sarnofff. Those are the special -- those are the last four special revenue funds that have not been audited by you? Ms. Dziedzic: We're -- it's -- they're the biggest funds and they require a lot of labor-intensive work. We do have some preliminary figures, but we do not feel comfortable with those figures at the moment because their -- we found some mispostings of expenditures to end revenues to different projects, so we're trying to clear that up before we present it to you. Chair Sarnofff. When will that get presented to us? Ms. Dziedzic: We're hoping within the next month to be able to give you that -- those final number s. Chair Sarnofff. Okay. Anybody have any questions for special revenues? All right, continue. Ms. Dziedzic: The good news is that in this reconciliation process, $3.1 million were identified of unused bond proceeds designated for the acquisition of a building for the CRAs (Community Redevelopment Agencies). That can be returned back to our use in the general fund. So a total impact of $22 million is now turned into $23.2 million of -- for an expected fund balance at 9/30/10 of $16.7 million. Chair Sarnofff. And would it be fair to say that that appears to be where we'll likely end up subject to four of these special revenue funds being audited and you reconciling if there 's surpluses or --? I don't think you found a surplus yet, but -- Ms. Dziedzic: No surpluses yet, but -- Chair Sarnofff. Right. Ms. Dziedzic: -- contingent on those reconciliations, yes. Mr. Migoya: Mr. Chair, if I can give you the general -- if you think about where -- City ofMiami Page 132 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 NA.5 10-01131 City Manager's Office Chair Sarnoff. Yeah, I think you should give us a general overview. Mr. Migoya: Yeah, the general overview of this. If you think about where we've been, we've been running between 20 and 22 million deficit all year long, maybe a little -- it started actually a little higher than that -- when, several months ago, we first started discussing this -- actually, that goes back to February of -- February -- at the beginning of my -- when I got here that we had never reconciled the fund balance. We always reconciled the fund balance level, but not at the project level. That all this work that Mirtha has done, the Budget group has done is reconciling everything to the project level and with mostly bad news, but some good news every so often. At this point we're looking at being at a deficit for the year of around $23 million if funds that are remaining are big funds. There may be some -- the numbers there, but so far, it doesn't look like it's going to be some huge numbers. We also may have some -- also some positive things so, plus or minus, we're in that 23, $24 million range. I'd hate to say 23 'cause we don't know exactly what's going to happen. The idea here is to report again would be -- the Commission would be at the October 14 Commission. We're hoping to do that. We believe that we should be able to get everything reconciled by the end of the month so that all of this will be integrated into this year so that when we finish the 2010 year, we will have everything reconciled and we should have a lot cleaner look as to what the financial picture of the City looks like, and we'll have this over and above -- if you'll remember from all the conversation we've had this -- we've discussed at one point where the overall fund balance could be ending up between 19 to $12 million. We're in that middle of the road right now with the $16.7 million. So it's looking -- I wouldn't call it great. It's not bad. It's probably about average through the things we looked at, especially with the fact that if you think about where the 2010 budget started at, we started at a very unfair situation. So overall, I think the Finance people and -- not just the Finance people, but all the employees of the City have done a good job of hunkering down on expenses and being able to control the deficits the way we have. Chair Sarnoff. Anybody have any questions? This is a non -action item, right? Ms. Dziedzic: Correct. It's just discussion. Chair Sarnoff. Okay. All right, thank you very much. Mr. Mayor, I think we're -- thank you for coming. You're welcomed to stay for the P & Z (Planning & Zoning) items. Mayor Regalado: I will. Chair Sarnoff. I understand if you won't. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "2010-2011 VICTIMS OF CRIME ACT (VOCA)," CONSISTING OF A GRANT AWARD FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES AND CRIMINAL JUSTICE PROGRAMS, IN THE AMOUNT OF $32,247, AND THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS IN THE AMOUNT OF $8,062, IN -KIND SERVICES FROM THE CITY OF MIAMI POLICE DEPARTMENT, FORATOTALAMOUNT OF $40,309, AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANTAWARD AND TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. City ofMiami Page 133 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 10-01131-Legislation.pdf 10-01131 EXHIBIT.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0421 Chair Sarnoff You guys want to run through the REs (Resolutions) or --? Carlos A. Migoya (City Manager): Can we do RE.1 at least, sir? Chair Sarnoff Oh, yeah. You know, we have a pocket item, which I know that they don't want to -- this is yours, Mr. -- Commander Cacer -- I'm sorry, Major Caceres. And this is a nonmonetary pocket item, meaning it's not going to cost us anything, right? Steven Caceres (Major, Police): That's correct, Mr. Chairman. Chair Sarnoff Do the other members have this? Major Caceres: Yes. I did distribution yesterday. This is a pocket item. It is a grant. It is -- Major Steven Caceres, for the record -- accepting a grant from the State for the Victim Advocates Program. The in -kind service is in -kind where -- is the salary of an employee which supervises this employer. Vice Chair Carollo: So move. Commissioner Suarez: Second. Commissioner Dunn: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Suarez. This is a reso, right? Vice Chair Carollo: Yes. Major Caceres: This is -- reso? Yes. Chair Sarnoff All right. I'll open it -- well, it's (UNINTELLIGIBLE) open it up to a general public. Does this require a public hearing? No. Commissioner Gort: Nope. Priscilla A. Thompson (City Clerk): I don't think so. Chair Sarnoff Okay. Commissioner Gort: It's a resolution. Chair Sarnoff All right. So any discussion, gentlemen? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. NA.6 RESOLUTION City ofMiami Page 134 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 10-01133 District 4- Commissioner Francis Suarez A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMITA REIMBURSEMENT MATCHING GRANT APPLICATION FOR FISCAL YEAR 2010-2011 FUNDING TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED THIRTY-SEVEN THOUSAND, FIVE HUNDRED DOLLARS ($37,500), FROM THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM, IN SUPPORT OF IMPROVEMENTS TO THE PROPOSED SILVER BLUFF PARK, CURRENTLY KNOWN AS GOLDEN ARMS ("PROJECT"); FURTHER AUTHORIZING THE CAPITAL IMPROVEMENT PROGRAM DEPARTMENT TO AMEND ITS CURRENT CAPITAL IMPROVEMENTS PLAN TO INCLUDE THE PROJECT IF THE GRANT APPLICATION IS SELECTED FOR FUNDING. 10-01133-Legislation.pdf 10-01133-E-mail-Legislation. pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0422 Vice Chair Carollo: Is there --? I think that concludes our items in the agenda. Is there any pocket items? Commissioner Suarez: Mr. Vice Chairman, I have one. Commissioner Gort: No. Wait a minute. Vice Chair Carollo: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Vice Chairman. This is actually interestingly very similar to the issue that you're going through in your district. I have a very small park in my district that doesn't fall within the parameters of any of these funds -- funding sources. And we've given as a body millions of dollars to parks and I'm having a hard time trying to get 50 to $75, 000 to improve a park for a shade structure and for a swing set and some other things that the community is requesting. So this is a resolution that, in essence, allows us to apply for a -- an FRDAP (Florida Recreation Development Assistance Program) grant. If selected it would provide 75 percent of the improvements for the park would be funded through the grants and then the -- it would essentially reduce the City's obligation by 75 percent because it would be money that we wouldn't have to find from any of these sources. So it's just a resolution asking us to apply for a Florida Department -- Florida Recreation Development Assistant [sic] Program grant. Vice Chair Carollo: And you state that as a motion, correct? Commissioner Suarez: Yes. Vice Chair Carollo: I have a motion by Commissioner Suarez. City ofMiami Page 135 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Commissioner Dunn: Second. Vice Chair Carollo: Is there a second? Seconded by Commissioner Dunn. Any discussion? Priscilla A. Thompson (City Clerk): I'm sorry, Vice Chair. I have a resolution. Maria J. Chiaro (Deputy City Attorney): It's a motion to approve the resolution -- Commissioner Suarez: Right. Ms. Thompson: Thank you. Ms. Chiaro: -- as passed out. Commissioner Suarez: Yes. Ms. Thompson: Thank you. So it's a motion for a resolution. Thank you. Vice Chair Carollo: Okay, so we're clear, a motion to approve the resolution. Okay, and seconded by Commissioner Dunn. Any discussion on the item? Hearing none, all in favor, say aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion carries unanimously. Any other pocket items? Commissioner Gort: I have a question. Vice Chair Carollo: Go ahead, Commissioner Gort. Commissioner Gort: The whole SI [sic] to S5 [sic] were deferred, right? Vice Chair Carollo: Yes. Commissioner Gort: And the SP -- PZ.12 to PZ.15 also? Vice Chair Carollo: They were deferred. Commissioner Gort: Oh, okay. I guess you guys did it when I was not here, okay. No problem. NA.7 DISCUSSION ITEM 10-01173 DISCUSSION BY COMMISSIONER GORT REGARDING THE REQUIREMENT OF OCCUPATIONAL LICENSES FOR BUSINESSES OPERATING WITHIN THE CITY OF MIAMI. DISCUSSED Direction by Commissioner Gort to the Administration to look into the City ofMiami's process for the issuance and collection of occupational license fees. Commissioner Gort: I have something else. Commissioner Suarez: Motion to -- We're not -- I don't have to make a motion to adjourn, right? City ofMiami Page 136 Printed on 10/25/2010 City Commission Meeting Minutes September 23, 2010 Vice Chair Carollo: No, but hold on. Before we do, is there any other pocket items? Commissioner Gort. Commissioner Gort: I have a discussion. We had a business that's giving a lot of trouble within my neighborhood, which is a terminal built right next to a residential area. We have Code Enforcement going there for month now. And we realize that they didn't have an occupational license for the last two years. I want to make sure that this is one collections that I think is very important for the City ofMiami to bring some revenues to make sure that we establish -- we do have the system where everybody pay for the occupational license. Vice Chair Carollo: You'd like to direct the Assistant City Manager to look into it? Commissioner Gort: Yes. Vice Chair Carollo: Thank you. Did you hear that, Mr. Martinez? Any other discussion item or pocket items? Hearing none, meeting adjourned. Thank you. ADJOURNMENT The meeting was adjourned at 5:14 p.m. City ofMiami Page 137 Printed on 10/25/2010