Loading...
HomeMy WebLinkAboutCC 2010-10-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 r V drCuRe 4RATtI ! L Meeting Minutes Thursday, October 28, 2010 9:00 AM PLANNING AND 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 October 28, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS 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 11/22/2010 City Commission Meeting Minutes October 28, 2010 8:30 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 10-01228 PRESENTATION Honoree Presenter Protocol Item Latino Art Beat Winners Mayor Regalado Certificates of Merit Miami River Beautification Volunteers Commissioner Gort Certificates of Appreciation Lend A Hand University of Miami Coastal Cleanup Mira Miami River Commission 10-01228 Protocol.pdf PRESENTED Mayor Regalado presented Certificates of Merit to Latino Art Beat winners, paying tribute to their artistic genuis and contributions to the elevation of creative expression in South Florida. Mayor Regalado saluted Beatriz M. Riera, principal ofMater Academy East Charter School, for her outstanding service and leadership, and applauded her staff students, and parents, whose work has resulted in Mater Academy East Charter School's selection as a 2010 National Blue Ribbon School. Mayor Regalado presented Certificates of Appreciation to members of the Revenue Task Force, honoring their exemplary record of public service, and applauded their outstanding efforts in support of reaching revenue goals of $1.6 million, and surpassing $2 million in outstanding Certifications. Chair Sarnoff presented a proclamation to Master Chufei Tsai, joining her in celebration of Heart for Humanity, Peace and Wellness Week,"a weeklong program that honors the message of peace, religious harmony, tolerance, spiritual wellness, and compassion, and promotes the Heart for Humanity's efforts to define Coconut Grove as a model of pluralistic community of diverse faiths and cultures. Commissioner Gort presented Certificates of Appreciation to Miami River volunteer groups for their significant contributions to the Miami River Beautification Project, a critical mission that is a catalyst for the continued revitalization and renaissance of the Miami River. Chair Sarnofff. And now we will make the presentations and proclamations. We will first recognize our Mayor, the honorable Tomas Regalado. Presentations made. 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 28th day of October 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: 33 p.m., reconvened at 2: 21 p.m., recessed at 3: 59 p.m., reconvened at 5: 06 p.m., recessed at 9: 04 p.m., reconvened at 9:21 p.m., recessed at 11:59 p.m., reconvened at 12: 06 a.m., and adjourned on Friday, October 29th, 2010 at 1:23 a.m. City ofMiami Page 3 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 MAYORAL VETOES Note for the record: Commissioner Suarez entered the chambers at 9: 42 a.m., Commissioner Dunn entered the chambers at 9: 49 a.m., and Vice Chair Carollo entered the chambers at 10: 04 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 Sarnoff. (INAUDIBLE) 2010 meeting of the City ofMiami Commission in these historic chambers. The members of the City ofMiami Commission are Frank Carollo, the Vice Chair, Francis Suarez, W fredo Gort, Reverend Richard P. Dunn, and myself, Marc David Sarnoff, the Chairman. 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 brief prayer by Commissioner Gort; the pledge of allegiance will be led by myself. Invocation and pledge of allegiance delivered. NO MAYORAL VETOES Chair Sarnoff. All right. Madam Clerk, are there any mayoral vetoes? Priscilla A. Thompson (City Clerk): There are none. Chair Sarnoff Okay. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Dunn II, seconded by Commissioner Suarez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for record: ***SUPPLEMENTAL AGENDA MINUTES*** - The City Clerk added approval of the minutes for the Supplemental Agenda of September 23, 2010 to the Approval of the Minutes"section of the agenda. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, to APPROVED 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 Suarez, to APPROVED 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 Suarez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff. Are there any minutes that we need to approve? Priscilla A. Thompson (City Clerk): Yes, sir. And ifI might be allowed to read those dates in the -- into the record because we missed one in the printing? City ofMiami Page 4 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff Please proceed. Ms. Thompson: Okay. We have for your approval the Planning & Zoning meeting of September 23, 2010, the Supplemental agenda for September 23, 2010, the Second Budget Hearing of September 27, 2010, the Special meeting of September 27, 2010, the Special Meeting Supplemental of September 27, 2010. Very busy month. Chair Sarnoff Well, in the words of Commissioner Suarez, now I know why we were so tired. All right, is there a motion to approve the minutes? Commissioner Dunn: So move. Commissioner Suarez: Second. Chair Sarnoff We have a motion by Commissioner Dunn, second by Commissioner Suarez. Any discussion on the minutes, gentlemen? Hearing no discussion, all in favor, please say "aye. The Commission (Collectively): Aye. Ms. Thompson: Thank you. END OF APPROVING MINUTES ORDER OF THE DAY Chair Sarnoff All right, let's go back to the Commission then. Now we will begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Julie O. Bru (City Attorney): Yes. Good morning, Mr. Chair, members of the Commission, Mr. Manager, Mr. Mayor, Madam Clerk, and members of the audience. Please remember that any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. Also any person who requires any kind of auxiliary aid, please contact the City Clerk for assistance. No cell phones or other noise -making devices are allowed in the chambers. Turn them off now. And any person who makes offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. There is a Planning & Zoning agenda also to be heard today, and that meeting will commence after 10 a.m. Also, the Chairman will indicate at what time this Commission will take any recess, as appropriate. Thank you very much. [Later...] Chair Sarnoff All right, so now, what do -- let's talk about what we're going to defer, what we're going to continue so we can get some control. Mr. Manager, I'm going to go with you first. Carlos A. Migoya (City Manager): Thank you, Mr. Chair. We'd like to withdraw CA. 4, and we would like to continue to November 18 both RE.5 and PZ.23. Chair Sarnoff RE.5. Vice Chair Carollo: I'm sorry. Continue RE.5? Mr. Migoya: Continue to November 18, RE.5 and PZ.23. So we're withdrawing CA.4 and continuing to November 18 RE.5 and PZ.23. Chair Sarnoff All right. Let's -- just do a motion. Is there a motion on that? City ofMiami Page 5 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Sarnoff We have a motion by the Vice Chair, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Any Commissioners? Commissioner Gort: CA.4. Chair Sarnoff CA (Consent Agenda) -- yeah. CA.4 has been withdrawn. Priscilla A. Thompson (City Clerk): And RE.5 and PZ.23 will be continued to your November 18 meeting. Chair Sarnoff Correct. Now I'm asking any Commissioners do they wish to have any adjustments to the order of business for the schedule? All right, gentlemen. [Later..] Chair Sarnoff All right, gentlemen. Why -- Mr. Migoya: There is one more continuation, if you don't mind, that I -- Chair Sarnoff Sure. Mr. Migoya: -- forgot? PZ.22, we would like to continue to November 18. Chair Sarnoff PZ.22, continue. Commissioner Suarez: So move. Vice Chair Carollo: Second. Chair Sarnoff I'm sorry. Madam Clerk, did we vote on the other continuances? Ms. Thompson: Yes, we did. Chair Sarnoff We did. Okay. So we have a motion by the -- by Commissioner Suarez, second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff Gentlemen, why don't we take lunch? Can we --? Yes, sir. Commissioner Dunn: I'm sorry, Mr. Chair. Are you taking all pocket items now or you're going to reserve till the end of the --? Chair Sarnoff I know you andl both have pocket items. Commissioner Dunn: We could -- I could wait if -- it's no problem. City ofMiami Page 6 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff What think I'm going to do is open up the Commission with the pocket items. Commissioner Dunn: Okay. Chair Sarnoff So -- and this is going to be a long Commission, gentlemen, so ifI say come back at 2 o'clock -- Commissioner Gort: Two. Chair Sarnoff -- it means 2 o'clock, not 2:15 -- Commissioner Dunn: Yes, sir. Chair Sarnoff -- not 2: 30. Commissioner Dunn: Yes, Mr. Chair. Chair Sarnoff All right, 2 o'clock. Let's be in adjournment [sic] till 2 o'clock. City ofMiami Page 7 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 CONSENT AGENDA CA.1 RESOLUTION 10-01134 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED AUGUST 5, 2010, PURSUANT TO INVITATION FOR BID ("IFB") NO. 231226, FROM GOLD NUGGET UNIFORM, INC. D/B/AARGO UNIFORM, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF BREECHES, PUTTEES, AND BOOTS, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CHIEF PROCUREMENT OFFICER, IN ACCORDANCE WITH THE IFB SECTION 2.15, TO ADD ITEM(S) OR SUPPLIER(S) TO THE CONTRACT WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. 10-01134 Summary Form.pdf 10-01134 Tabulation.pdf 10-01134 Letter.pdf 10-01134 Fax and Backup documents.pdf 10-01134 Email and backup documents IFB 231226.pdf 10-01134 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0476 CA.2 RESOLUTION 10-01135 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), ACCEPTING THE BIDS RECEIVED JULY 9, 2010, PURSUANT TO INVITATION FOR BID ("IFB") NO. 218225, FROM VARIOUS VENDORS, AS IDENTIFIED ON THE ATTACHED BID TABULATION, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROVISION OF T-SHIRTS, GOLF SHIRTS, GUAYABERA/CUBAVERAAND WINDBREAKERS, CITYWIDE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CHIEF PROCUREMENT OFFICER, IN ACCORDANCE WITH THE IFB SECTION 2.20, TO ADD ITEM(S) OR SUPPLIER(S) TO THE CONTRACT WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. City ofMiami Page 8 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 10-01135 Summary Form.pdf 10-01135Addendum No.1.pdf 10-01135 Invitation for Bid.pdf 10-01135 Invitation for Bid 1.pdf 10-01135 Invitation for Bid 2.pdf 10-01135 Legislation.pdf 10-01135 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0477 CA.3 RESOLUTION 10-01140 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Fire -Rescue RECEIVED AUGUST 18, 2010, PURSUANT TO INVITATION FOR BID NO. 206203, FROM MARITIME MOBILE COMMUNICATIONS, LLC, D/B/A DIGITAL VIDEO SYSTEMS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE AND INSTALLATION OF AUDIO VISUAL EQUIPMENT FOR THE DEPARTMENT OF FIRE -RESCUE, IN THE AMOUNT OF $151,345; FURTHER AUTHORIZING A TEN PERCENT (10%) OWNER CONTINGENCY TO BE UTILIZED BY THE DEPARTMENT OF FIRE -RESCUE WITHOUT FURTHER CITY COMMISSION APPROVAL; ALLOCATING FUNDS FROM THE GRANT YEAR 2007 URBAN AREA SECURITY INITIATIVE ACCOUNT NO. P=18-180011, T=01.08, A=1564, E=664000, 0=181000. 10-01140 Summary Form.pdf 10-01140Award Recommendation.pdf 10-01140 Tabulation.pdf 10-01140Attachment 1.pdf 10-01140 Attachment 2.pdf 10-01140 Attachment 3.pdf 10-01140Addendum 1.pdf 10-01140Addendum 2.pdf 10-01140Addendum 3.pdf 10-01140Addendum 4.pdf 10-01140Addendum 5.pdf 10-01140Addendum 6.pdf 10-01140 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0478 CA.4 RESOLUTION 10-01141 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO City ofMiami Page 9 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 SECTION 18-82(A), OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, CLASSIFYING THREE (3) REMINGTON 40X, .308 CALIBER RIFLES, SERIAL NUMBERS 061889B, 057451 B AND 060159B, FROM THE CITY OF MIAMI POLICE DEPARTMENTS SPECIAL WEAPONS AND TACTICS ("S.W.A.T.") TEAM, WITH AN ESTIMATED VALUE OF $700 EACH, AS CATEGORY "A" SURPLUS STOCK; AUTHORIZING THE DONATION OF SAID SURPLUS STOCK TO THE DORAL POLICE DEPARTMENT TO BE USED BY THEIR DEPARTMENT IN IMPLEMENTING THEIR S.W.A.T. TEAM, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. 10-01141 Summary Form.pdf 10-01141 City of Miami Code sections.pdf 10-01141 Inter Office Memorandum.pdf 10-01141 Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez CA.5 RESOLUTION 10-01142 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT ONE TO THE LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE INSTALLATION OF DECORATIVE PEDESTRIAN CROSSWALKS ALONG STATE ROAD 5/BRICKELLAVENUE FROM SOUTH OF SOUTHEAST 25TH ROAD TO SOUTHEAST 5TH STREET, MIAMI, FLORIDA, IN AN AMOUNT NOT TO EXCEED $10,132, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $22,308 TO $32,440; ALLOCATING FUNDS, IN THE AMOUNT OF $10,132, FROM THE DISTRICT 2 QUALITY OF LIFE FUNDS. 10-01142 Summary Form.pdf 10-01142 Pre Legislation and Pre Exhibit.pdf 10-01142 Legislation .pdf 10-01142 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0479 CA.6 RESOLUTION 10-01143 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION, TO CONTINUE PROVIDING EDUCATIONAL PROGRAMS RELATED TO THE MIAMI RIVER, FOR A THREE (3) YEAR TERM City ofMiami Page 10 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2013, IN AN ANNUAL AMOUNT NOT TO EXCEED $25,000, FOR A TOTAL AMOUNT NOT TO EXCEED $75,000; ALLOCATING FUNDS FROM THE GENERAL FUND NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.882000.0000.00000. 10-01143 Summary Form.pdf 10-01143 Pre Legislation and Pre Exhibit.pdf 10-01143 Legislation .pdf 10-01143 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0480 CA.7 RESOLUTION 10-01167 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLASSIFYING ONE TRAKEHNER HORSE KNOWN AS "BIGSCHO," AS "CATEGORY A" SURPLUS STOCK; FURTHER STIPULATING THAT SAID HORSE BE DONATED TO DAVID PATTON AT NO COST TO THE CITY OF MIAMI AND THAT SAID DONATION BE VALID AND EFFECTIVE IMMEDIATELY, UPON THE EXECUTION OF THE HORSE ADOPTION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER APPROPRIATE RELEASE DOCUMENTS. 10-01167 Summary Form.pdf 10-01167 Interoffice Memorandum.pdf 10-01167 Certified Mail Receipt.pdf 10-01167 Certified Letter.pdf 10-01167 Legislation.pdf 10-01167 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0481 CA.8 RESOLUTION 10-01206 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A GRANT TO THE HISTORICAL MUSEUM OF SOUTHERN FLORIDA FOR THE MIAMI CIRCLE RESTORATION PROJECT, IN THE AMOUNT OF $50,000, AS MATCHING FUNDS TO A FLORIDA INLAND NAVIGATION DISTRICT GRANT; ALLOCATING FUNDS FROM PROJECT NO. B-30365A, ACCOUNT NO. 35000.401000.670; AUTHORIZING THE CITY MANAGER TO EXCECUTE A GRANT AGREEMENT AND ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. City ofMiami Page 11 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 CA.9 10-01235 10-01206 Summary Form.pdf 10-01206 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0482 RESOLUTION District3- A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Commissioner Frank NORTHWEST 14TH AVENUE FROM NORTHWEST 3RD STREET TO Carollo NORTHWEST 7TH STREET, MIAMI, FLORIDA, AS "ORANGE BOWL WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 10-01235 Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Gort R-10-0483 Chair Sarnoff CA.9. You're recognized for the record, Mr. Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. And give me a second just to gather my papers, my notes. Again, thank you, Mr. Chairman. CA.9 is a codesignation of 14th Avenue, from Northwest 3rd Street to Northwest 7th Street and -- as a codesignation as Orange Bowl Way. As you know, the historic Orange Bowl Stadium opened December 10, 1937 for the Miami Hurricanes football team. It was built with a seating capacity of 74,476. The Orange Bowl has played host to some of the most memorable collegiate and professional football contests in history. It has been a part of the -- of 16 national championships, including 3 University of Miami national champions, 5 Super Bowls, and the 1972 Miami Dolphins perfect season. The Orange Bowl is also the site of the NCAA's (National Collegiate Athletic Association) longest college football winning streak. Between 1985 and 1994, the University ofMiami Hurricanes won 58 straight home games. The Miami Dolphins also set a NFL (National Football League) record for consecutive home games won at the Orange Bowl; 31. The Orange Bowl Stadium has a rich history as a venue for soccer as well, including the 1996 Summer Olympics soccer games and the CONCACAF (Confederation of North, Central American and Caribbean Association Football) Gold Cup, which showcases the finest men's national teams from North America and South America. The Stadium played host to such events as President Kennedy's Cuban Missile Crisis speech and concerts such as the Rolling Stones, Bruce Springsteen, Prince, and many others. It was the home of the University ofMiami Hurricanes for more than 60 years and the home of the NFL's Miami Dolphins for more than 20 years as well, and it, of course, the site of the annual Orange Bowl game for which it took its name for decades. Therefore, I move to name Northwest 14th Avenue, from Northwest 3rd Street to 7th Street -- or codesignate Northwest 14th Avenue, from 3rd Street to 7th Street as Orange Bowl Way. Chair Sarnoff All right. We have a -- Commissioner Dunn: Second. City ofMiami Page 12 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 CA.10 10-01236 Chair Sarnoff -- motion by the Vice Chair, second by Commissioner Dunn. Any further discussion? Hearing -- Commissioner Dunn: Yeah, Mr. Chairman, I just -- Chair Sarnoff You're recognized for the record. Commissioner Dunn: -- wanted to give as a point of reference, Vice Chairman; it also hosted the Michael Jackson concert too. Carlos A. Migoya (City Manager): It was also the home for Miami Senior High School football team, where I won many state championships and two national championships in that stadium -- Vice Chair Carollo: That's -- Mr. Migoya: -- for the record. Vice Chair Carollo: -- one of those that you hate to start saying all the things because -- Commissioner Dunn: Yeah, I know, I know. Vice Chair Carollo: -- it has meant so much to us -- Commissioner Dunn: So much, yeah. That's why I -- Vice Chair Carollo: -- that there's always something going to be -- Commissioner Dunn: -- that's why it's appropriate. Vice Chair Carollo: -- left out. Commissioner Dunn: That's why it's appropriate. Vice Chair Carollo: And I'm sure if people knew that I was saying this, they'd be coming up and saying hey, also this concert and also this event, so -- Commissioner Dunn: But since you invoked Prince, I thought I needed to invoke Michael Jackson. Chair Sarnoff All right, we have a motion, we have a second. Any further discussion? Commissioner Suarez, did you have something that went on there too? No? All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION District3- A RESOLUTION OF THE MIAMI CITY COMMISSION NAMING THE Commissioner Frank CONNECTING DRIVEWAY ALIGNING, MORE OR LESS, WITH NORTHWEST Carollo 4TH STREET BETWEEN NORTHWEST 14TH AVENUE TO NORTHWEST 16TH AVENUE, MIAMI, FLORIDA, AS "BOBBY MADURO DRIVE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMITA COPY OF THIS RESOLUTION TO THE City ofMiami Page 13 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 HEREIN DESIGNATED OFFICES. 10-01236-Legislation-SUB. pdf 10-01236-Submittal-Bobby Maduro.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0484 Chair Sarnoff All right, CA.10. Vice Chair Carollo: Weren't we just -- okay, on CA.10, it's actually going to be a substitution, and that's because instead of a codesignation, it's going to be a naming of a street, and it's going to be Bobby Maduro Drive. And ifI may, let me say a few words about Bobby Maduro. In pre -Castro days, Bobby Maduro was one of the wealthiest men in Cuba, owning a bus line and insurance company, a sugar cane field, and cattle. He was the owner of the Cuban Sugar Kings baseball team. He came to Miami on April 5, 1961 with $5 in his pocket. `7 came to the states to see my wife and seven kids," he once told the Miami News. `7 thought I'd stay three to four days then go back, but the Bay of Pigs invasion of April 17 changed his mind. Friends in baseball helped him out, and by 1962 he was able to secure a loan to buy the Jacksonville Minor League baseball team. He was involved in all aspects of the sport, from his days as first baseman for the Vedado Tennis Club Amateur baseball team in Havana through the ownership of several teams. In exile, he served as special assistant for Latin American Affairs to former baseball commissioner Bowie Kuhn. Some of the roles he took during his life included amateur ball player, owner of several clubs, most notably the Havana Sugar Kings; stadium builder, general manager, agent, scout, youth baseball organizer, and diplomat. He even founded the short-lived Inter -American League of 1979. Bobby Maduro passed away at age 70 on October of 1986. And therefore, I move, as a substitution, to name Northwest 4 Street from Northwest 14th Avenue to Northwest 16th Avenue as Bobby Maduro Drive. Commissioner Dunn: Second. Commissioner Gort: Second. Chair Sarnoff Sorry. Motion by Commissioner -- by the Vice Chair, second by everyone else. Any discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Commissioner Gort: Those are good motions. CA.11 RESOLUTION 10-01237 District3- A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Commissioner Frank NORTHWEST 16TH AVENUE FROM NORTHWEST 3RD STREET TO Carollo NORTHWEST 7TH STREET, MIAMI, FLORIDA, AS "MARLINS WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 10-01237 Legislation.pdf City ofMiami Page 14 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 CA.12 10-01238 Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0485 Chair Sarnoff CA.11. Vice Chair Carollo: CA.11, once again, is to codesignate Northwest 16th Avenue from Northwest 3rd Street to Northwest 7th Street as Marlins Way; further, Marlins LP is a major league baseball franchise and is a member of the National League East Division. The Marlins recently finished playing in their 18th season. The Club was granted a franchise on July 5, 1991, and its first game and win came on April 5, 1993 against the Los Angeles Dodgers. The Marlins won their first two of -- their first of two World Series championships on October 26, 1997 in the deciding game of a 7-game series over the Cleveland Indians. At the time, the Marlins became the quickest expansion franchise ever to win a title in a major league baseball -- in Major League Baseball history. The Marlins won their second world championship on October 25, 2003 in six games over the New York Yankees. Florida Marlins LP is owned by Jeffrey Loria, who officially purchased the Club on February 16, 2002. Mr. Loria previously owned the Montreal Expos from December 1999 until his purchase of the Marlins. Therefore, I move this item. Chair Sarnoff All right. Commissioner Gort: Second. Chair Sarnoff We have a motion by the Vice Chair, second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION District3- A RESOLUTION OF THE MIAMI CITY COMMISSION NAMING THE Commissioner Frank CONNECTING DRIVEWAY ALIGNING, MORE OR LESS, WITH NORTHWEST Carollo 6TH STREET BETWEEN NORTHWEST 14TH AVENUE TO NORTHWEST 16TH AVENUE, MIAMI, FLORIDA, AS "FELO RAMIREZ DRIVE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMITA COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 10-01238-Legislation-SUB. pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, 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-10-0486 Chair Sarnoff All right, CA.12. Vice Chair Carollo: CA.12, once again, will be a substitution item. And the reason for the substitution item is because instead of codesignating, we will be naming Northwest 6th Street City ofMiami Page 15 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 from Northwest 14th Avenue to Northwest 16th Avenue as Felo Ramirez Drive. A little history on Felo Ramirez. Felo Ramirez has been the Spanish voice of the Marlins since the birth of the franchise in 1993. He has called all of the Club's former hitters by Al Leiter in 1996, Kevin Brown in 1997, A. J. Brunet [sic] in 2001, and Anibal Sanchez in 2006, as well as the 1997 and 2003 championship seasons. As one of the most recognizable voices in sports broadcasting, Ramirez was inducted into the National Baseball Hall ofFame on August 5, 2001, as the Ford C. Frick Award Winner, a tribute presented each year by the National Baseball Hall of Fame to a broadcaster for major contributions to the game of baseball. For more than 35 years he has been the play-by-play voice of professional baseball in Puerto Rico, Nicaragua, and Venezuela. Ramirez baseball coverage on CMQ Radio in Havana, Cuba, from 1953 to 1961 was highly regarded among journalists in Latin America. Felo has been the voice of all but nine Caribbean World Series since 1949. A true pioneer of baseball broadcasting in his native Cuba, Ramirez was the first Hispanic broadcaster to have his narration included in the National Baseball Hall ofFame, with his call of Hank Aaron's 715th homerun, his call of Roberto Clemente's 3,000th hit, and Don Larsen's perfect game during Game 5 of the 1956 World Series. He has lent his voice to more than 32 World Series and All -Star games and was recognized by former Commissioner Bowie Kuhn in 1980 for his extensive contribution to promoting baseball in Latin America from the broadcast booth. Felo Ramirez is also a member of the Puerto Rican National Sports Museum, Class of 2004. A life-size statue of Felo was erected during the inaugural event of the National Sports Museum in Guaynabo, Puerto Rico, commemorating his valuable contribution to the game of baseball. Once again, I move this item. Chair Sarnoff All right. Commissioner Gort: Second. Chair Sarnoff We have a motion -- Commissioner Suarez: Second. Chair Sarnoff -- by the Vice Chair, second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Adopted the Consent Agenda Motion by Commissioner Dunn II, seconded by Commissioner Gort, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez END OF CONSENT AGENDA Chair Sarnoff Then why don't we take up the CAs (Consent Agendas) and then we'll break for lunch? Is there a motion to approve the CAs? Commissioner Gort: Move it. Chair Sarnoff Consent agendas. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You want to take one out? City ofMiami Page 16 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 PA.1 10-01144 Vice Chair Carollo: Yes, ifI could. Give me a second. Chair Sarnoff Just name them and we'll redact them. Vice Chair Carollo: CA.9 through CA.12. Chair Sarnoff All right, so the Vice Chair is asking that CA.9 through 12 be not part of the consent agenda but to be voted on separately. Is there then a motion to go through CA.1 through 3, 5 through 8? Commissioner Dunn: So move. Chair Sarnoff We have a motion by Commissioner Dunn. Is there a second? Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. PERSONAL APPEARANCE DISCUSSION ITEM REPRESENTATIVE (S) FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ADDRESS THE COMMISSION REGARDING THE SOUTH FLORIDA EAST CORRIDOR (SFECC) TRANSIT ANALYSIS STUDY. 10-01144 Letter.pdf DISCUSSED Chair Sarnoff I know we have a public appearance in here somewhere -- a personal appearance, excuse me. Are they still here? Why don't you guys come up? I think, gentlemen, it's PA.1. [Later...] Chair Sarnoff Come on up, personal appearance. It is FDOT (Florida Department of Transportation). Vice Chair Carollo: And thank you, by the way, Mr. Chairman. Thank you. Chair Sarnoff No, no, no, no. Let's -- it -- I didn't do any deferrals or -- you're recognized for the record, sir. Scott Seeburger: Okay. Thank you, Mr. Chairman, Commissions [sic] of the City ofMiami. I'm Scott Seeburger with the Florida Department of Transportation. We have been running a study to develop or find a way to implement premium transit service utilizing the Florida East Coast Railway corridor, between Jupiter and northern Palm Beach County down to the City ofMiami at Government Center. We're at an important point in this -- in the project, andl think it's a time that, you know, you're due a presentation to know what we're doing, what's going on with it because it will potentially affect not only Miami, but also be transformational for the entire City ofMiami Page 17 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 region. It is a plan for the future. It is one in which it integrates services in the Florida East Coast Railway with Tri-Rail where it's operating today. It has a number of different stations, 52 throughout the region. We've worked with your staff to help identin, where stations might go, helping us engage the communities ofMiami. I have a video that want to present to you that will show you what the alternatives are that are going to a vote right now. Those alternatives are going to the three MPOs (Metropolitan Planning Organizations) and the RTA (Rapid Transit Authority). Broward -- the Broward and Palm Beach MPO have selected an alternative for the FEC (Florida East Coast) and that will be a regional rail alternative, and you'll see that in the video. Also, the video will show you what the public has react -- how they've reacted to the alternatives in public hearings that we held in September, one at Wolfson Campus, and then also some evaluation results. Note for the Record: At this time an audio -video presentation was made. Mr. Seeburger: So, as I mentioned, we're going to the local boards and we're attempting to get a regional consensus on a plan. With that plan in place, we've got, I believe, some pretty good support from the public in that plan in place. What that will allow us to do early next year is to begin on the real thorny issues of how does this project get implemented, how does it get built and phased over time, and more importantly, how does the local sources of revenue get generated that are going to be needed to help in supporting the capital investment as well as the operations and maintenance. So, Mr. Chair, I'm done. Chair Sarnoff All right. Any Commissioners have any questions of the presentation? Commissioner Suarez. Commissioner Suarez: I think the -- Commissioner Dunn just gave me a pocket item here, so he may want the floor. And then, as the MPO (Metropolitan Planning Organization) member, I'd like to take the floor after the Commissioner, with your permission, Mr. Chairman. END OF PERSONAL APPEARANCE PUBLIC HEARINGS PH.1 RESOLUTION 10-01147 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGERS FINDING, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES FOR THE PROCUREMENT OF SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH GLOBAL SPECTRUM LIMITED PARTNERSHIP FOR THE MANAGEMENT AND OPERATION OF THE MIAMI CONVENTION CENTER/JAMES L. KNIGHT INTERNATIONAL CENTER, EXTENDING THE TERM FOR AN INITIAL PERIOD OF ONE (1) YEAR EFFECTIVE APRIL 1, 2011, WITH TWO (2) ONE YEAR RENEWAL OPTIONS EXERCISED AT THE SOLE DISCRETION OF THE CITY COMMISSION. City ofMiami Page 18 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 10-01147 Summary Form.pdf 10-01147 Memo -Waiver of Competitive Bidding.pdf 10-01147 Memo and Notice of Public Hearing.pdf 10-01147 Pre Resolutions and Pre Exhibits.pdf 10-01147 Legislation.pdf 10-01147 Exhibit SUB.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-10-0487 Chair Sarnoff It appears that we're on PH.1. Daniel Newhoff (Assistant Director): Good afternoon, Commissioners. Daniel Newhoff, Department of Public Facilities. PH.1 is a resolution, by a four fifths vote, waiving -- Carlos A. Migoya (City Manager): We need a four fifth vote on PH.1. Chair Sarnoff All right, so let's table PH.1 and let's -- Mr. Migoya: Well, we got four, unless -- Chair Sarnoff Andl thinkPH.2 needs a -- Mr. Migoya: -- we got four of you now. Vice Chair Carollo: We got four. Chair Sarnoff We got four, okay. Go ahead. Sorry, Mr. Newhoff. Mr. Newhoff. PH.1 is a resolution of the Commission waiving, by a four fifths vote, requirements for competitive bidding procedures at the James L. Knight Center in order for Global Spectrum -- we'll execute an amendment to the agreement with Global Spectrum's current contract for the management and operation of the Miami Convention Center/James L. Knight International Center; extending the current term for one calendar year with two one-year options, effective April 1, 2011. Chair Sarnoff All right. Is there anyone from the general public wishing to be heard on PH.1, please step up. Hearing none, seeing none, the public hearing is now closed; coming back to the Commission. Is there a motion? Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Is there a second? Commissioner Gort: Let me state why I made the motion. The reason I made the motion, my understanding is in this management agreement, these individuals were able to bring, I understand, is a $400, 000 profit for the City of Miami by utilizing these individuals. They're already operating (UNINTELLIGIBLE) now, and that's one of the reasons why I made the motion. They've been operating for a while now. They know their facility very well. And at one time, I understand that it was on hold because the Hyatt Hotel and some of the people were interested in purchasing the rights to that area. That's the reason why I made the motion. City ofMiami Page 19 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Suarez: I'll second it for discussion. Chair Sarnofff. All right. Commissioner Suarez seconds for discussion. Commissioner Suarez is recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. I think one of the reasons why I hesitated to second, and probably the same reason why the Vice Chairman hesitated to second, and one of the things that we discussed privately -- or not privately, but in our briefings was the fact that there wasn't a competitive bid for this extension of their management contract. And so the question is for the public's perspective, could you enlighten us publicly as to why you think it's in our best interest not to go to a competitive bid? And what is your analysis as far as whether or not we're getting the best deal? What kind of prices are we getting in comparison to what's available in the market? You know, things of that nature. Commissioner Gort: You know, I'm glad you asked that question because I told them when I sat down with them. I said you need to explain to the Commission so the public can understand the reason why you're recommending this. Andl think any time staff comes in front of us, they need to explain the reason why. Mr. Newhoff. Good question, Commissioner. There's several reasons why we're recommending to extend Global Spectrum's contract. I just want to clarify it was originally a competitive process, that Global Spectrum was the lowest responsive bidder 13 years ago. The bid price was 97,200. It was a competitive process. They weren't the only bidder. And the City selected them back in '97 after the former management firm before them unsuccessfully were managing the Knight Center or apparently at that time, not to the capability where it could be managed. They've been able to do something no one else before them, since 1982, has been able to get done, which is accomplishing an operating profit in 2010. And just for Commissioner Gort's notes, it was 91,000. It wasn't 400, 000. But -- Commissioner Gort: But I thought it was 400, 000. Mr. Newhoff. Ninety-one thousand. Unidentified Speaker: I think he's talking about the UM (University ofMiami) space. Mr. Newhoff. Oh, the UM space alone is 400, 000, but overall, the whole entire budget itself was 91. So, you know, 13 years with the same bid price. The contract has not increased in terms of cost to the City. They -- Commissioner Suarez: Can stop you there? When you say the contract hasn't increased in terms of cost to the City, you mean in the 13 years that you've had that contract, there's been no escalators, there's been no uppers, there's been no increases in the fee? Mr. Newhoff. Not to the fee. To the cost of operating the Knight Center, yes, which we fund them and they operate it for us, but not to their management fee. Commissioner Suarez: Not to the fee, which is the genesis of this contract, which is --? Mr. Newhoff. Agreed. Commissioner Suarez: Got it. Mr. Newhoff. We did, in January of 2010, amend their contract to expand it into the former UM area, and that was on a per square foot basis. Exactly what we're paying them for the rest of the Knight Center, we're paying them for that UM space, but that didn't increase the overall, you City ofMiami Page 20 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 know, contract beyond, you know, per square foot what it cost us today. Commissioner Suarez: So what you're saying is that the prices that you are extending -- that you would be suggesting that we extend today would be based on 1990 -- Mr. Newhoff. Nineteen ninety-seven bid prices, yes -- Commissioner Suarez: Okay. Mr. Newhoff. -- per square foot. Commissioner Suarez: And do you -- is it your professional opinion that if we were to go out today, we'd actually be paying more potentially for the management of this space and --? Mr. Newhoff. Not a lot offirms do what they do. There's two nationally. We feel that the price would go up for the City if it were done on a competitive bid process. There's other reasons I'd like to explain, not just the, you know, same cost for 13 years. Last year their revenues to the City were the highest they've ever been at $2.3 million. It's -- they've never been that high. We've had several successful events recently at the Knight Center. We had two back-to-back sold -out concerts in 2010. That hasn't happened since the 1980s. I couldn't even find any '80s in the files at the Knight Center when that's happened in the past. We've had performances that have stayed for a whole month. We have a circus there right now. We've never had an actual promoter wanting to stay at the Knight Center for 30 straight days before. So they're using their national context managing a hundred other facilities to leverage the events at the Knight Center, things that they have the expertise to do that the City necessarily doesn't or their competitors. Commissioner Suarez: Mr. Chairman, I just want to ask a question. Chair Sarnoff Please. Colloquy. Commissioner Suarez: My last question is have you studied what we're paying on a per square foot basis and compared it to other somewhat similar --? I know that's difficult to find you know, perfect comparisons, but maybe have you done any analysis on that? Mr. Newhoff. We have. Global manages other facilities in the region, in the state. The closest one that we could find would be the Bank United Center in Coral Gables, which is roughly 200,000 square feet, similar to the Knight Center in terms of square footage, but different in terms of use of that square footage. Basketball games over there, whereas we have a performing venue, we have conference space, we have meeting space. But they're compensated 175,000 a year at that facility, including an incentive fee which the City doesn't offer them. And at the Knight Center, an older facility, we're compensating them 137, 000. They do other facilities in the northern part of Florida, the UCF (University of Central Florida). They do the Miami Beach Convention Center. Not exactly an apples -to -apples comparison. But the Bank United probably would be the closest one, and we found their costs to be reasonable. And now that the building is generating an operating profit, that it made sense to recommend, you know, the extension. Also, just something for the consideration, switching management companies is not exactly cost-free. There's a moving cost involved in terms of software, in terms of Web site design, in terms of staff relocations. We're estimating 50 to $60,000. Even if we went out to bid and had to change companies, there is a intermediate cost involved. Those are basically the reasons why we're recommending the extension. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Vice Chair is recognized. City ofMiami Page 21 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 PH.2 10-01097 Department of Capital Improvements Program Vice Chair Carollo: Thank you, Mr. Chairman. Actually Commissioner Suarez shared exactly my concern. And hearing you and seeing that it appears that, you know, we've turned the page and we're actually, I think for the first year, earning money with the James L. Knight Center and so forth. I'd be willing to vote in favor of this, however, with a friendly amendment. I would like the initial year of -- initial period of one year. However, before any additional renewals happens, I feel that it needs to come before this Commission once again for any -- for an approval, and if, you know, the maker of the motion would accept that amendment. Commissioner Gort: I accept the amendment. Commissioner Suarez: I accept it as well as seconder. Commissioner Gort: Yes. Chair Sarnoff All right. Any further discussion, gentlemen? It is a resolution. Didl open this up to the public? I did? Okay. All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff Okay, you have a unanimous vote. Mr. Newhoff. Thank you. 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. City ofMiami Page 22 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 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 10-01097-Submittal-Vice Chairman Carollo.pdf SPONSOR: COMMISSIONER GORT Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, 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 A motion was made by Vice Chair Carollo, seconded by Commissioner Dunn, and was passed unanimously, for the City Attorney to analyze whether changes in state law allows the City to use certain funds for transportation services, in addition to addressing the issue of whether Miami -Dade County's Home Rule Charter prevents the City from doing so, for the City Attorney to research how these funds are presently being used by other municipalities and the County, as well as what the original use was for these funds when approved by voters, and further that the five-day rule be adhered to when it comes to providing Commissioners with information on this item. Direction by Chair Sarnoff to the Administration for information pertaining to reserves or excess program revenue associated with this item be shared with the Commission. A motion was made by Vice Chair Carollo, seconded by Commissioner Dunn, and was passed unanimously, with Commissioner Suarez absent, to continue item PH.2. Chair Sarnoff PH.2. Alice Bravo (Director, Capital Improvement Programs): Good afternoon. Alice Bravo, with Capital Improvements Department. CA.2 -- PH.2 is a resolution requesting approval, by four fifths affirmative vote, finding emergency, waiving competitive bidding, to provide funding through a grant agreement to Action Community Center, in the amount of $142, 605 for fiscal year 2009 through 2010 and 350,000 for fiscal year 2010-2011. Chair Sarnoff All right. It's a -- let me open up to a public hearing. Is there anyone from the general public wishing to be heard on PH.2, please step up? Hearing none -- Irela Bague: I'm here in case there's any questions. Sorry. I'm the vice chair of Action Community Center, Vice -- Chairman, so I'm here for any questions and so is the executive director. Chair Sarnoff Okay. So if we -- Priscilla A. Thompson (City Clerk): Do we -- we need a name, sir. Chair Sarnoff Could you state your name for the record. Ms. Bague: Do you need my address as well? Ms. Thompson: Yes. City ofMiami Page 23 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Ms. Bague: Irela Bague, 15 Madera Avenue, Number 6, Coral Gables, 33134. Chair Sarnoff. All right, so we have the executive director here if we have any questions directed by the Commission. Anyone else in the general public wishing to be heard on PH.2? Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff. Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. Vice Chair is recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. I have various issues with this, the one being -- and the one that I'm going to focus on, at least for the moment, is that we all know that -- I don't want to say have a history, but yes, have a history of using funds that we're not allowed to use and so forth. In the last meeting touched upon this and finally, yesterday, I received the e-mail (electronic) that knew was circulating or it was mentioned backfrom July, and then today someone dropped off early in the morning at my office various e-mails that touched upon this. The e-mail that I'm referencing to -- and I'll put it for the record -- is from the CountyAttorney's Office, and it clearly stipulates that this funding cannot be used, at least right now, for the transportation needs that we are seeking. The reason why is because we need to go to a County referendum. This has not gone to a County referendum and therefore, I feel that we're going to be at odds with the County Attorney's Office with regards to the usage of this funding. Moreover, it appears to me that the Mayor or the City, maybe both have, at the very least, mentioned that we are either going to sue, be part of a lawsuit, or is currently part of a lawsuit with the County regarding these fundings, and whether the expansion or how other municipalities -- new municipalities will be able to obtain this type offunding. So I definitely feel very, very uncomfortable voting for something where the County Attorney's Office had clearly stated that we cannot use. Commissioner Gort: Mr. Chairman. Chair Sarnoff. Well, let's do this. Why don't we get the City Attorney to give us what she believes the advice is? Julie O. Bru (City Attorney): The Vice Chair states correctly that there is a disagreement between the County Attorney's Office or at least not -- I don't think it's the office officially, but there is an assistant County attorney that has voiced his opinion about the interpretation of the use of these funds. I believe that we have informally, not formally, but informally communicated our disagreement with his position, so that's that issue. The other issue is kind of related to this, but not on point, and that is something that we will -- we're attempting to go through the whole dispute resolution with the County through the process that is provided for under state statutes. We haven't formally filed anything yet, but yes, we're in the process of establishing our position with the County with respect to the allocation offunding amongst the different municipalities and the County. Chair Sarnoff. Well, correct -- you mind ifI pursue this for a moment? Vice Chair Carollo: Sure. City ofMiami Page 24 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff Wouldn't it seem like, before we vote for this, that you would at least want to get the County attorney's official position as opposed to an assistant County attorney's position? So couldn't you generate the County -- I mean, what if the County attorney disagrees with his assistant? Andl know then you're going to go through an informal dispute resolution process, which will take 60 to 90 days, andl know these folks, from what I've seen of this -- some of this is for back money. But why wouldn't you at least get the County attorney's official position? Ms. Bru: Well, because, quite honestly, I don't believe that the County attorney speaks for the County Commission. I mean, that's just one assistant County attorney interpreting a use of a certain funding. And until see something officially from the BCC (Board of County Commissioners), I don't take that as being dispositive of what we do or don't do. Chair Sarnoff Fair enough. Okay. Commissioner Gort. Commissioner Gort: The reason I'm interested in this, the services that they provide is to senior citizens; that they get the ride to the places where they get the meal, and sometimes this is the only meal that these individuals get, and they're the majority of the services being provided for the senior citizens within our district. Now my understanding is we've been working on this problem for quite a while now. My understanding is we even had to go to legislation and some changes had to be made in Tallahassee in order for us to be able to use those funds. I think the County, what it's using right now, the County is -- few cities that want to get some additional funding and what the County wants to do is take the funding from the existing municipality instead of giving the share that they have. The League of Cities I know is going to present a case to the County with the State. And look, I think the new cities should go ahead and participate, but they should participate out of your contribution, not out of the cities already have it. Chair Sarnoff All right. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Vice Chair. Vice Chair Carollo: And ifI may, I actually would like to put it for the record. Can I read exactly what it stipulated, this e-mail? This e-mail is from Lilia Medina, which is the assistant transportation coordinator for the City of Miami, and it's to Alexander Bokor and Bruce Li -- well, I don't want to kill his name -- Libhaber, or something similar. "Mr. Libhaber and Mr. Bokor, please call me or provide me a status e-mail on your review on the on -demand transportation legislation in effect since July 1. I would greatly appreciate a response since I need a brief" -- `7 need to brief our Mayor and City Manager on this matter. Thank you. "This is a response from Alexander Bokor. "Dear Ms. Medina: It is in our opinion that the addition of on -demand services in CS -HP 1271 constitutes a new use of surtax funds not allowed at the time the voters implemented the half -penny surtax. Accordingly, this law makes funding on" -- "of on -demand services through a transit surtax permissible, but it would first require approval by the voters. One of the "whereas" clauses of the attached resolution, R-276-10, adopted 3/2/2010, is intrusive" -- "instructive and consistent with this opinion. Whereas, this board desires to urge the Legislature to amend the Section 212.055 to authorize the use of Charter County Transportation System Surtax proceeds for on -demand transit service for low-income senior citizens in the event the half -penny transit surtax goes back to the voters at some future date. Our interpretation reflected in the language of the "whereas" clause is that the amendment by the Legislature was the first step in allowing surtax funds to be used for on -demand transit services. The next required step before such usage is permissible" -- "or is permitted would be approval or rejection of that usage by the voters. I hope this is responsive to your inquiry and please let me know if you have any additional questions. Very truly yours, Alex Bokor, Assistant County Attorney." City ofMiami Page 25 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Gort: What's the date on those e-mails? Vice Chair Carollo: The date of this, the official date when Ms. Medina first asked the question was July 9 at 11: 20 a.m., and it was responded July 9 at 3: 42 p.m. Commissioner Gort: Okay. That was in July. That goes back to July. After July, I think we did some homework and we (UNINTET,TIGIBT,F) some work. The County supposed to had use these funds to create certain rail east -west, which has never been done. My understanding it's been used for the taxis -- to provide service of taxis to individuals that request it, so you know, it's -- Vice Chair Carollo: I know for a fact that one County Commissioner was going to put it before the board for it to go to a referendum now in November. However, that did not occur. But from that action, I know for a fact that some Commissioners knew that it had to go before the voters in a referendum. However, that -- and some other issues they were going to put on the ballot for this November did not occur. However, you know, I have an e-mail from County Attorney that very specifically says we cannot use these funding for on -demand transit, so I would have an issue, just on this alone, voting for this. Chair Sarnoff All right. Commissioner Gort: I understand. My understanding, Vice Chairman, is that the reason the Commissioner pull it out 'cause he was told it was not necessary to take it to a referendum according to the changes the legislation made to the law. So somehow, we've got to get the information. Chair Sarnoff You want to speak, Ms. Bravo? Ms. Bravo: Yes. Just as a note, the House Bill 1271 that was passed last session provided for the use of these funds for on -demand transportation services. So before, it was not specifically outlined in the legislation. Before that, the City ofMiami did use the PTP (People's Transportation Plan) funds for this same type of service, but it was an unclear issue since it wasn't specifically called out for in the legislation and then the legislation was amended. So we successfully used the -- this type of funding for this in the past and passed County audits on the use of the funding. Chair Sarnoff Madam City Attorney, is there any impediment with this Commission moving forward? Ms. Bru: We have not -- well, at least -- I have not been asked to formally opine on this. Informally, my office has opined that because of the State law changes, that that would in effect trump anything that the County would be -- that -- you know, the position of the County has been now trumped by the fact that the Legislature has expressly provided for the authorization. Now, again, we would need to reconcile the home rule powers ofMiami-Dade County and how the Charter ofMiami-Dade County does allow the County to pass laws that may be in conflict with state law. But it is our informal opinion and that is because -- you know, we can get into a disagreement with the County. I'd rather not do that if these matters -- Commissioner Gort: Right. Ms. Bru: -- can be handled, you know, in the political forum as oftentimes they seem to be resolved. If you would like to defer this item and then instruct me to formally opine on this issue, it would entail an opinion as to whether or not the state law now has expressly authorized the City ofMiami to do this with these funds. City ofMiami Page 26 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff. Is there any Commission [sic] that wishes to make that instruction? Vice Chair Carollo: Sure. I mean, definitely. I think that, at the very least, we need that. I mean, this is strong language. And I'm not an attorney, once again, but two of my colleagues are attorneys, andl think you all both know exactly what mean, not to mention which is sort of -- actually, not sort of. It's a different issue, but we may be in litigation or, at the very least, in a lawsuit with the County with these fundings on a separate issue, which is the additional municipalities and so forth. So I really think we need to dot our i's, cross our is as we should all the time, but the truth of the matter is, specifically now because you know what? I think we've been noticed and, you know, Commissioner Gort, you're correct. This is from July. I remember the last meeting me mentioning this and l just got this -- well, this one was actually dropped off in my office. I guess someone either thought that I didn't have it or that, you know, the Administration wasn't providing this to us, or so forth, but this was actually dropped off in my office this morning. I actually received the e-mail from Ms. Bravo late yesterday afternoon when I asked her specifically, do you have any documentation dictating that. So I mean, in all fairness, for an e-mail that was produced in July 9 for us to know about it or for me to actually receive it the day before when I specifically mentioned it in the last meeting, I think, you know, we need to improve on this. We need to improve on the information that's given to the Commission. Chair Sarnoff. Madam Clerk -- Madam City Attorney, the -- this went to a referendum in the -- on a countywide basis? Ms. Bru: Originally, it went -- the authorization given by the State was subjected to a local referendum in the County, but there has been an amendment to the authorizing legislation at the state level, so the question now is does that now, in effect, give the City the expressed authority to utilize the funds for the purposes that are being sought here today or do we still have to go through the procedure that the County attorney is of the opinion of. Chair Sarnoff. All right. It appears to me that we have a motion by the Vice Chair asking the City Attorney to do a legal service request that would analyze the opposition, if you will, of an assistant City attorney and make a determination as to whether the amendment by the Legislature in July of this year is the governing law or if, by some happenstance or reason, the County continues to have some sort of home rule ability to trump, if you will, the Legislature. So there's a motion by the Vice Chair. Is there a second? Commissioner Dunn: Mr. Chair, second. Chair Sarnoff. Second by Commissioner Dunn. Any discussion, gentlemen? Commissioner Gort: Discussion. The one thing want -- Madam Attorney? Ms. Bru: I'm sorry. Go ahead. Commissioner Gort: When you get the information -- Ms. Bru: Yes. Commissioner Gort: -- I'd like to know how is those funds are presently being used by everyone and -- Ms. Bru: You mean other municipalities? Commissioner Gort: Other municipalities -- City ofMiami Page 27 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Ms. Bru: And the County. Commissioner Gort: -- and the County itself. And when it went to the voters, what was the original vote that they voted on and what was the use that was supposed to have taken place -- Ms. Bru: Okay. Commissioner Gort: -- when it was voted. Ms. Bru: All right. Commissioner Gort: All right. I'd like to get all the information. I'd like to have it next meeting. Ms. Bru: We will have it -- Commissioner Gort: Continue it to the next meeting. Ms. Bru: -- to you before -- Vice Chair Carollo: As a matter of fact, I want -- Commissioner Gort, if you can make it as an amendment so I can include it in my motion? Commissioner Gort: Yes. Vice Chair Carollo: Okay. Andl include it as -- you know, in my motion. Commissioner Dunn: Seconded. Vice Chair Carollo: And you know, I think that's important because when that went to the voters, it was specific what it was for. You may not like the answer, but it was specific for what it was for, additional Metrorail lines and so forth, and that's not what the money was used for. So you know, I commend you, Commissioner Gort, 'cause that's a very good amendment -- Commissioner Gort: Yeah. Vice Chair Carollo: -- and I that's why I wanted you to make it as an amendment so I can accept it. Vice Chair Carollo: Seconder accepts, correct? Commissioner Dunn: Yes. Chair Sarnoff All right. And I believe, if you would -- ifI could just not amend it, but can you have this to us early -- at least three days before the next Commission meeting so at least we have three days to study it? Ms. Bru: We'll have it to you with very sufficient time for you to review it before the next meeting. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: I actually disagree with you. I want it -- City ofMiami Page 28 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff Five days? Vice Chair Carollo: You better believe it. Chair Sarnoff (UNINTET,T IGIBT,F) five days. Vice Chair Carollo: You better believe it. Five-day rule, five business days, and so forth. Chair Sarnoff All right. You have his time frame, Madam City Attorney. All right, so all in favor -- Commissioner Gort: Okay. Chair Sarnoff -- please say "aye. The Commission (Collectively): Aye. Chair Sarnoff Andl guess we're going to need a motion to continue this to the next -- Ms. Thompson: IfI might just ask for one point of clarification, Chair -- Chair Sarnoff Yes. Ms. Thompson: -- if you don't mind. I understand your motion, but I want to make sure that when we show it in our records this item will be -- the information that you're requesting will be back on November 18. Chair Sarnoff Which would mean it would be in our hands on November 13. Commissioner Gort: Next -- Ms. Thompson: Yes, correct. But it's going to be at the -- the information you're requesting from the City Attorney will be presented again at the meeting on the 18th. That's my understanding. Chair Sarnoff Yes. Ms. Thompson: Thank you. Chair Sarnoff Next Commission meeting. Ms. Thompson: Yes. Chair Sarnoff And -- Commissioner Suarez is recognized. Commissioner Suarez: Thank you, Mr. Chairman. I just asked the director of our Community Development Department, George Mensah, if there was any excess program revenue. I think the last time that we allocated money for them was from excess program revenues, $60, 000, ifI don't -- if I'm not mistaken. And maybe if there is any excess program, that -- excess program revenue that's been generated between then and now, that we can hold them over for a month between now and the time that we get the opinion. That may be something that we may want to consider as a body. Just throwing it out there. Vice Chair Carollo: And you know -- sorry. Mr. Chairman. Actually, with that same thought, I want to go a step further; if we could do that and if we have other options. In other words, are City ofMiami Page 29 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 there other methods of transporting the elderly to the comedor or their place so they could go eat and so forth? I mean, what are the options that we have because I know a lot of this is usually done through public services of the CDBG (Community Development Block Grant) funds? So why isn't CDBG funding being used for this for public services and so forth because it's not just the surtax. There's other means to actually do this transportation. So I want to actually explore and add to what Commissioner Suarez is saying, you know. Is there other fundings? Is there other companies? I mean, what's --? You know, in all fairness, what other options do we have? Commissioner Gort: I don't believe there's many options out there, especially those people have been providing those service for so many years for their clients. They know where their routes are at and who they're picking up and where they're taking them to. But I think if the Community Development can come up with some funds, it'd be great because I like -- really like to see these people continue the operation. If not, you know, I don't know how long it's going to take the people to have their lunch or their only meal that they can get a day. That's up to that. Chair Sarnoff All right. I think we're going to need to do a motion to continue. In that motion to continue -- Commissioner Gort: Move it. Chair Sarnoff -- you may want to include that the CDBG bring back to you every option available for -- do they know what they have right now? Commissioner Suarez: Well, that's -- I just asked him right now to go find out what he has because that's -- my point was that we -- this has been delayed several times and they're behind, as we know. And so my attempt was in the time that we're getting a formal opinion from the City Attorney's Office, which I think is necessary for us to move forward -- the reason why is if we spend this money without a formal opinion and it later turns out that we were not justified in using this money, we would have to reimburse the money, just like we've had to do in other instances. So whatl was asking Mr. Mensah was to go find out -- it's been a while since we -- Chair Sarnoff So let's do this. Let's move to continue this issue to the next meeting and then, when they come back, we can do a pro hac motion right away, see what's available out there. Commissioner Suarez: If there's something available, yeah. Chair Sarnoff Right. Commissioner Suarez: I think that makes sense. Chair Sarnoff So is there a motion to continue this to the next Commission meeting? Vice Chair Carollo: So moved. Chair Sarnoff We have the Vice Chair's motion, second by -- Commissioner Dunn: Second. Chair Sarnoff -- Commissioner Dunn. Any discussion? All in favor, please say aye." The Commission (Collectively): Aye. Ms. Thompson: And only so your record can be clear, sir, we have now two motions; the first one was approving the request for the LSR (Legal Service Request) with the information to be included. You had a motion on the floor that you approved for discussion originally, okay, and -- City ofMiami Page 30 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff Well, let the mover withdraw it. That's what she's saying. Ms. Thompson: Okay. So Commissioner Gort is withdrawing his motion. Vice Chair Carollo: I made the -- hold on. Ms. Thompson: No, no. The motion -- the original motion that brought on the discussion was Gort/Dunn. Chair Sarnoff To approve it. Ms. Thompson: Okay, right. Chair Sarnoff Right. Ms. Thompson: So that one was still out there; he's withdrawing. So now we have your second motion for this particular item, which will be to continue to November 18. Chair Sarnoff Right. Ms. Thompson: And I have Vice Chair and Commissioner Dunn. Chair Sarnoff And now the vote. Ms. Thompson: Correct. Chair Sarnoff All in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. And then Mr. Manager, once you learn what the reserves or what the excess program revenue might be, please let us know and we'll bring it back up. Carlos A. Migoya (City Manager): Will do. END OF PUBLIC HEARINGS ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 10-01145 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-15, ENTITLED "VACATION AND CLOSURE OF RIGHTS OF WAY AND PLATTED EASEMENTS BY PLAT', TO ALLOW FOR THE EXPANSION OF THE ALTERNATE METHOD SYSTEM FOR VACATING ALLEYS TO INCLUDE THOSE UNIMPROVED ALLEYS IN T3 TRANSECT ZONES WHICH ABUT OTHER TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01145 FR/SR Summary Form.pdf 10-01145 FR/SR Legislation.pdf City ofMiami Page 31 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff All right. I think we are on FR.1, and that would be page 13. All right, let's see if we could get FR.1 done. You're recognized for the record. Nzeribe Ihekwaba: Nzeribe Ihekwaba, Public Works director. FR.1 is an ordinance amending Section 55-15 of the City Code to allow for the expansion of the alternate method of alley closure and vacation; to include those unimproved alleys in T3 transect zones which abut other transect zones. The current procedure requires that alleys to be closed and vacated be located entirely within single-family and duplex zoning districts. This is the new transect T3, Miami 21. This restriction has disqualified certain alleys that are located within single-family and duplex zoning districts and more intense zoning districts. The proposed amendment will relax the zoning restriction to allow the vacation and closure of alleys that are unimproved and abut one side of a more intense zoning district, as well as the T3 transect zones. IfI may, the proposal does not involve any Public Works costs, even though there is the regular normal 525 application fee that will continue to be charged, as well as additional recordation costs. The adjacent property owners do not need to purchase the land since it simply reverts back to them. And also the adjacent property owners are required to go through the regular alternative procedure in terms of filing an application. And if there is any appeal, it goes all the way to Planning, Zoning and Appeals Board. Thank you. Any question? Chair Sarnoff Let me open up a public hearing. Anyone wishing to be heard on FR.1, please step up. Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Dunn: Move it. Commissioner Gort: I move -- second. Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Gort. 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. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. FR.2 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. City ofMiami Page 32 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 10-01052 Pre Legislation Miami Beach.pdf 10-01052 Legislation. pdf 10-01052 SR Legislation.pdf SPONSOR: CHAIRMAN SARNOFF Motion by Chairman Sarnoff, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff FR.2. Julie O. Bru (City Attorney): Chairman, I believe that this is an item that you're sponsoring on designated -- Chair Sarnoff This is one I should talk about, huh? Gentlemen, this is an ordinance that was passed recently by the City ofMiami Beach. Essentially, the -- what this ordinance does, it restricts an adult from going to a child -designated area without a child, and really, that's the intent of it. Miami Beach passed it. It is going to be a parks issue. It's for parks. I could get into the reasoning behind it. I think you all could figure that one out very readily. So I'll tell you what, I will be -- I'll be the mover of -- well, let me open up to a public hearing. Is there anyone wishing to be heard on FR.2? All right, hearing none, seeing none, the public hearing is now closed. I will make the motion to approve. Commissioner Dunn: Second. Commissioner Gort: It's been moved and second. Discussion. Under discussion, my understanding is some of the times the argument is well, a person wants to go to the park and they cannot go, but if you have a kid, like a lot -- we have a lot of single male, what do you call them, family or what, fathers, or -- as long as they're with a kid, they're entitled to go in, so I want to make sure people understand that. And the main reason is to keep individuals that don't anything to do with kids to be in where kids are at. Commissioner Dunn: It's pretty much self-explanatory. I mean, no adult really has no business being around children in a child -designated area, as you stated, if they're not serving as a guardian, legal recognized guardian or as a parent. Simple as that. It's very simple. Commissioner Gort: Roll call. Chair Sarnoff It's an ordinance, so let her read it into the record. Ms. Bru: Right. And l just want to clam for the record that what this ordinance would do is to allow you -- once it's in effect, when you adopt it on second reading, it would allow you to come back, and then by resolution, identifi, which parks or which areas therein you would like to designate for children with -- you know, accompanied within the prohibition on having unaccompanied adults access. Chair Sarnoff So it's really an enabling ordinance -- Ms. Bru: An enabling, correct. Chair Sarnoff -- that allows Commissioners then, individually, to come up with resolutions as to what parks they think should be restricted. Ms. Bru: Right. Andl would suggest that at that time, then you consider each park on a City ofMiami Page 33 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 case -by -case basis, and you would probably have some data that would support designating such a area of the park for these purposes. Chair Sarnoff Okay. 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 had, the result of which is stated above. Ms. Thompson: Your ordinance has been passed on first reading, 3-0. Chair Sarnoff All right. At this time what I'm going to do is ask, gentlemen, if we could take a half-hour recess? I think you know Alex Sink is going to be outside andl think some of us would like to be there. So we're in recess for one half hour. FR.3 ORDINANCE First Reading 10-01210 Downtown AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Development 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Authority ENTITLED " PANHANDLING PROHIBITED IN CERTAIN AREAS," MORE PARTICULARLY BY AMENDING SECTION 37-8 TO EXPAND THE BOUNDARIES WHERE PANHANDLING IS PROHIBITED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01210 Memo-DDA.pdf 10-01210 Map- Panhandling Prohibited Areas.pdf 10-01210 Proposed Expansion Analysis.pdf 10-01210 Legislation.pdf 10-01210 SR Legislation.pdf 10-01210-Submittal-Bob Hundevadt E-mail.pdf 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, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Chair Sarnoff I believe now we have FR.3. FR.3 is the panhandling ordinance. You're recognized for the record. Jay Solowsky: Mr. Chair, we are here for first read -- Chair Sarnoff Just state your name and address, please. Mr. Solowsky: Jay Solowsky. I reside at 2127 Brickell Avenue, Miami, Florida 33129. We are here today for first reading of a proposed ordinance amending the existing no panhandling zone . I think the assistant City attorney will read, and then I would like to, with permission, provide some background and context. Chair Sarnoff Madam City Attorney, you're recognized. The Ordinance was read by title into the public record by the Assistant City Attorney Veronica Xiques. City ofMiami Page 34 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoft All right. You're recognized for the record. Mr. Solowsky: Thank you, Mr. Chairman. In 2008 we proposed and this Commission passed the original panhandling ordinance which deals with establishment to the no panhandling zone in parts of the Central Business District in Brickell area. That has proven to be a very successful, very viable tool for law enforcement, and it has certainly diminished the problem in those areas. Since 2008 we have had thousands of additional residents move into the Central Business District in Brickell area, more in the Central Business District, with the opening of and issuance of certificate of occupancies in numerous buildings along the Biscayne Boulevard corridor. In addition, we have had numerous events at the Arsht Center that have resulted in a tremendous number of people, both residents and visitors, coming downtown. We now have a very exciting time with the Miami Heat this year with what will be probably sellouts on all games to be played here in Miami. There are issues that we have observed over the last months which involve hindrance to vehicular traffic as a result of panhandling and the entrance and exit to 1-395 as you come down into and leave Miami. In addition, as throngs of people approach the America Airlines Arena and are requested and solicited for money, there's no time to consider and make informed decisions; there is no ability to just cross the street, given the throngs of people walking. We have proposed and have vetted through the DDA (Downtown Development Authority) an expansion of the no panhandling zone to include areas along the Biscayne Boulevard corridor, 1st and 2ndAvenue and also the Arsht Center and also including ingress and egress to 395. In order to determine the nature and extent of the problem, we have worked with Commander Sanchez, Wanda Mendez, and Officer Glascow (phonetic), the City ofMiami Police Department. I have ridden with them. We have observed these sites. There are several sites where there have been numerous aggressive panhandling arrests. In fact, at one site there were 50 arrests on one corner and 100 arrests on another corner. This is very disruptive to those who live, work, and play in downtown, as well as those who are coming to visit the American Airlines Arena or the Arsht Center or coming for no other reason than to have a nice dinner and -- with hopes not to be accosted. We recognize -- and this ordinance is not intended to impermissibly limit an individual's right to exercise free speech. It does impose specific and reasonable time, place, and manner restrictions on solicitation and associated conduct. We are the economic engine for this county. And within the City, the downtown and Central Business District is the economic engine of the City. The chain is as strong as the weakest link. We have worked very hard as the season approaches and there's other events happen with our Biscayne Boulevard task force in order to clean up our area in order to provide for the maximum economic impact as a result of those events that are happening. We are on the cusp for the City ofMiami of greatness. The DDA is a steward of this City, its Central Business District in Brickell, and we urge this body to unanimously approve this proposed expansion of the panhandling zone, which we believe has been done in a fair and reasonable manner. I have empirical evidence. I have anecdotal evidence. I'm prepared to share that. Andl know there are numerous speakers, and perhaps after that, ifI would have an opportunity of maybe rebut or discuss some of the comments made, I would appreciate that. Chair Sarnoff All right. Mr. Solowsky: Thank you. Chair Sarnoff Let me open it up to a public hearing. Anyone wishing to be heard on FR.3, please step up. You can start on that end, then we can just continue to have a line so I can get an understanding of how many people will be speaking. I'd reiterate to everybody, if you've heard it said before, you can say I reiterate that. You don't have to restate it all over again. But you're recognized for the record. Mercedes Quiroga: Thank you. Good afternoon, Commissioners. My name is Mercy Quiroga. I am the current president ofMiami Dade College, Wolfson Campus. Andl am here with certain City ofMiami Page 35 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 students from my campus andl want their views heard. Basically, I've had some complaints or students saying that they are feeling a little bit of an infringement as they're walking from class to class because they're being asked for food, for dollars, whatnot. And as they're walking from building to building -- our campus is set right in the downtown area, as you know, and we're growing. We have quite a few buildings, and we understand that we are an urban campus, but at the same time, I hate to have my students feeling uncomfortable as they're walking from class to class. And l fear what that would bring for other parents who come to the campus to bring in students for our honors college for the many programs that we offer, that recruitment is going to start to be affected if the parents are accosted. And know some of them, as they've been walking to bus stops, have been approached for dollars and, again, it makes them feel very uncomfortable, so that is the reason that am here andl appreciate you hearing this andl am a proponent. Thank you. Chair Sarnofff. Thank you very much. Next. Jose Goyanes: Jose Goyanes, 4 Southeast 1st Street, Miami, Florida 33131. I actually wrote Jay's speech but -- andl gave it to him since he's a better reader so I will second everything he said. One thing that I would like to add, there are a lot of small business owners in downtown Miami that this has been a hindrance to way before the Big 3 came to Miami and way before it was an issue of the Miami Heat and the area needed to be cleaned up for them. I think that this area needed to be cleaned up for the small business owners that have been struggling with this problem for a long, long time ago. And if you own a business downtown, you would probably look around and say you know, I compete against Dadeland Mall or I compete against International Mall or Dolphin Mall. You don't have panhandling in those malls. So I got to draw a consumer into my business andl basically have a competitive disadvantage because my consumers have to go through this gauntlet in downtown Miami. Andl want to thank at least some of the Commissioners that were on this dais when I first spoke up here three years ago regarding this ordinance andl want to thank some of you now ifyou're here and support this ordinance 'cause I think it's a good ordinance for downtown Miami. Thank you. Chair Sarnofff. Thank you, Mr. Goyanes. Michael Slyder: Thank you, Commissioners. It's an honor to speak to you today regarding the extension of this important resolution. My name is Michael Slyder. I'm the chief financial officer ofMekka, Miami -- which is a nightclub downtown. But more importantly, I'm the vice president of the Miami Entertainment District Association. It's a newly formed association; just this year, 14 nightclubs, restaurants, and bars. We live, breathe, and work this entertainment district day in and day out, so we're there in the daytime working our businesses and we're there at night. It's -- for us it's not just about the frequency. It's about the level of aggression. And we've seen aggression in the manners and tactics and strategies that are used by some of the homeless people to accost and molest our -- not only our staff but our customers. And it's violation of space, it's aggressive behavior, and it's threatening behavior all the way up to and including potential threats of aggression or physical aggression. So it is a constant thing that we have to deal with. One of the issues that we were presented at MEDA (Miami Entertainment District Association) when we initially formed this year in February was to begin a very important program. It's called the Enhanced Police Services program. This program -- all of our members pay into this nonprofit, which allows us to add supplemental police patrols every weekend on the streets. Now this is zone policing. This isn't police that are set up in front of our nightclubs and restaurants. This is zone policing that's basically for the entire community. One of the reasons why we felt it necessary to do this was the homeless issue and the aggressive behavior that we saw. So I thank you for your support of this resolution and feel that it's really important that we extend it to our area. Thank you very much. Chair Sarnofff. Thank you, Mr. Slyder. Yes, sir. City ofMiami Page 36 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Gabriel Garcia -Vera: Hello, Commissioners. Hi name is Gabriel Garcia -Vera. My address is 10091 Bay Harbor Terrace, andl am a student at the Miami Dade College, Wolfson Campus, as well as chair for the Student Allocation and Programming Board at the Wolfson Campus. I'm here to talk to you about a very important issue that affects a lot of our students, whether it be, you know, just walking to class or even taking a bus at night. I, myself, don't worry about it too much because well, I'm a grown man, butl worry more so for my friends andl worry for the many young men and women on the campus that we cater to as students and also as student leaders. And the issue of panhandling has become a severe problem, whether it be walking to class, whether it be catching a bus, whether it be even just waiting for a class. It has not become such a mild, passive thing anymore. It has become aggressive. It has taken its toll on our students and it has taken its toll on the parents of our students who fear for their children and for fear of their safety and sometimes that hinders them from continuing, you know, enrollment at our campus, andl think it is a very grave issue. And so we are actually here today to talk to you guys. Thank you. Chair Sarnofff. Thank you, Mr. Garcia. You're recognized. Giorgio Saumat: Thank you, guys, for hearing me today. I am the general manager of the DRB (Democratic Republic of Beer). It's a restaurant on the corner of 14th and Biscayne, right across from the Performing Art [sic] Center. We -- I'm sure the police can tell you in multiple reports -- we've had -- never had a police issue or had one of our customers have a problem with -- while they're inside the establishment. However, the minute they step out to go to their car, there's [sic] clearly being accosted. There's aggressive panhandlers coming after them. And furthermore, we've begun to see patterns of getting together in groups down the block. They get together in groups. One comes, they'll attack one guy and say hey, can you give me some money, whatever it is. The guy will give a dollar. Then the next guy comes and he does it. By the time he gets to the third one and he says no, and then a fight ensues because he said no, which brings us back to, I think, some gentleman who got killed not too far away from us because he didn't want to give up a cigarette. So we're seeing a significant amount of aggressiveness, a significant amount of like violence that's going on. I think we've had three calls in the last week to our place, not late -night calls. Some of them have been at 8 o'clock at night, some of them early in the afternoon, some of them even at 7 in the morning when our staff is there cleaning up. And it's been solely about the panhandlers coming in getting upset that either my employees or one of the customers or somebody walking on the street won't give them money and it's gotten pretty violent andl'm sure they'll tell you that we've hadl think three arrests this last week just with that, not to mention other things, but that's one of our more serious issues. So if you guys would extend it, we'd really appreciate it. Chair Sarnofff. What -- can you just state your name again. Mr. Saumat: My name is Giorgio Saumat. I'm the GM (General Manager) at the DRB, 255 Northeast 14th Street. Chair Sarnofff. Perfect. Mr. Saumat: Thank you, guys. Chair Sarnofff. Thank you. Yes, ma'am, you're recognized for the record. Jennifer Sotolongo: Thank you for allowing us to be here today. My name is Jennifer Sotolongo andl'm a student at the Miami Dade College, Wolfson Campus. I'm also the Student Government Association president for the Miami Dade College, Wolfson Campus. I'm here to reiterate what my colleague said before. I think it's an issue for us at the Miami Dade College, Wolfson Campus. I've been approached by a lot of students in this issue andl really want to seek your support because there's issues that happen when we're walking to classrooms and where City ofMiami Page 37 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 we're sitting waiting for our classrooms to begin, we're being, you know, kind of tackled by these people and it's just that -- it's a matter of protection. We're seeking the protection that we should have in our school environment, but we don't have it because we have these people constantly harassing us too for money, for food. It's become a really large issue in our environment at the campus because we are there to study. We are there to be protected, but we're not getting that protection. Again, I really want for you guys to please hear us out and please support this issue that we're here to address. So thank you very much and thank you for hearing us today. Chair Sarnoff Thank you. Ms. Thompson: I apologize, Chair. We did not hear her name. Chair Sarnoff Jennifer -- andl didn't -- Ms. Sotolongo: Jennifer Sotolongo. Ms. Thompson: Thank you. Chair Sarnoff Sotolongo. Ms. Sotolongo: You're welcome. Ashley Clarke: Good afternoon, Chairman. My name is Ashley Clarke. I live at 100 Lincoln Road. I'm also a student at Miami Dade College, andl am involved with the PTK (Phi Theta Kappa) Honor Society, Public Relations representative. I just want to give you my personal experience with the panhandling on campus. I too take the public transit and often I'm cornered as I'm waiting for the bus andl am approached by several panhandlers also walking on campus from building to building. It's impossible to avoid them. They are predominantly present on our campus. While I'm setting [sic] at the tables trying to have some peace and quiet, I am approached face-to-face andl have nowhere to go. They are in front of me andl have to say no, and when they don't accept that, they, you know, press further for more money andl don't have anything to give them. I am just a student. So please protect us. We have no voice and please represent us and guarantee our safety while we are trying to be successful in our studies and improving the world ahead of us. Thank you very much for your time. Chair Sarnoff Thank you. Sarah Dawood: Good afternoon. My name is Sarah Dawood. I'm a student at Miami Dade College, Wolfson Campus. I'm also the president of the International Club. I'm here today to support what some of my peers have just said. As an international student, I live on 999 Brickell Bay Drive. I use only public transport, which means getting to campus and getting back home, I have to rely on the Metromover or the bus system. I have a few night classes and me and some of my friends on campus have had serious issues with panhandlers. They're always asking us for food, for money, and they have gotten more and more aggressive. They have started coming in groups and it's very -- we feel very unsafe and we don't know what to do because if we say no to them, they get more and more aggressive. So we would really like you to address this issue and, as Ashley said, please protect us. We don't feel protected. Chair Sarnoff Thank you. Ms. Dawood: Thank you very much. Robert Hundevalt: Good afternoon. My name is Robert Hundevalt. I'm director of security for the American Airlines Arena and the Heat Group and I'm here to speak in support of this resolution. I wanted the Commission to know that we entertain about 1.3 million guests every City ofMiami Page 38 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 year that come to our Arena and we work very closely with the City ofMiami and we strive to provide a very safe, secure, while exciting environment. After every event, we do customer exit surveys and pay attention to issues surrounding panhandling and the homeless. Andl won't read all of the comments that I brought back from the last five months; I will submit them to the Clerk for the record. But when I start hearing terms like frightened, Miami's a third -world city, that the homeless around the area is not a good vision ofMiami; it's being referred to as a very dangerous area, dangerous surroundings, we become concerned. I work very closely with Commander Sanchez and the Miami NET (Neighborhood Enhancement Team) and we've committed to being good community partners, and their efforts have shown that it is possible, with ordinance such as this, to address the issue. One Saturday they -- there was 39 arrests -- over 120 arrests in the last couple of weeks. The last event, there were over 13 arrests, all related to the panhandling and the homeless -related issues. So again, my name is Bob Hundevalt. I'm director of security. And I speak in support of this resolution. Thank you, gentlemen. ChairSarnoff. Thank you. Appreciate it. Anyone else? David Raymond: Good afternoon, Commissioner, Commission. David Raymond, Miami -Dade County Homeless Trust, 111 Northwest 1st Street, Miami, Florida. The Homeless Trust, we have not taken an official position on the panhandling issue and this ordinance since this was brought up. As you know, we've worked with this Commission and with the City related to the first ordinance, the original ordinance for this, and you worked with us to put in some warnings provisions and some other accommodations, and we worked with Jay and Alyce on that at the DDA as well and we appreciate that. So we haven't taken a position one way or another. I guess the only thing that we would ask is that the Commission consider and just a message to the public not all panhandlers are homeless and not all homeless people panhandle, andl think everything sort of gets lumped in together; that the majority of the complaints and issues that we get that are addressed to us as well. Everybody thinks everybody out there who's panhandling is homeless, and we what we found from a lot of the surveys and a lot of the information we 've done that that's not the case. So we have been trying to work to roll out our homeless donation meter campaign. I know you're familiar with that. We actually have a meter at this point in the front and the side ofMacy's. We would really like to expand that because we'd like to give people another option. The meters, for those of you not familiar with it or haven't seen them already, they're around downtown now as we speak, and basically give people another way to give. So we would like to put more of those out as -- so that people know, so that -- 'cause it's a human kind of need to help people, so people want to help and we certainly don't want to see anything like that criminalized. So giving folks the option to put some meet money in those meters -- a hundred percent of the money that comes from the meters goes to new meal programs and new shelter beds. We've already added money, by the way, to the City's contract for outreach this year for additional hotel space to be able to place people who are chronically homeless in the community using the projected revenues from that funding stream. So that would be the only message that I would put out there. And again, we just -- you know, our main thing is we just -- we don't want to see things criminalized, but our board hasn't taken a position on this one, one way or another, other than to say please help us with the meters so we can help you with this issue. Chair Sarnoff. Thank you. Mr. Raymond: Thank you very much. Chair Sarnoff. You want to speak, ma'am? Rita Clark: Mr. Chair and Commissioners, I'm Rita Clark, policy director for the Miami Coalition for the Homeless. And I'm here today to learn how that ordinance has actually improved the quality of life for people in the downtown area; how has it made the City safer, and City ofMiami Page 39 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 how has it been better for businesses, and is there a document that you can share with the Coalition and the public that reports on the number of warnings, arrests, and fines that have been paid as a result of ordinance, and is there any document that you can share that records on the number of jail stays that have resulted as a result of this ordinance? And then I think it's important to note that there are a number of solutions and plans to prevent and end homelessness at the federal level. In fact, June 22, just of this year, the United States and our Agency Council on Homelessness released the first national comprehensive plan to end and prevent homelessness, andl would be happy to provide that as a resource for all of you. And in this plan the United States and our Agency Council list the reduction of criminalization of homelessness as one of the strategies to be implemented. And so, as I said, there are a number of strategies at the federal level and we'd be happy to provide you that as a resource. And then just this week, we had our annual statewide conference. A number of federal heads were here from Congress to let us know how important it is in Florida; their commitment to help us ending and preventing homelessness. And there are also many of us working at the local level alongside the Homeless Trust working on creative solutions for our homeless neighbors that will specifically look at the root causes, andl hope you will see the Coalition as a resource, andl look forward to working with all of you. We are opposed to this, any type of criminalization of the homeless, as the Coalition has worked with you in the past on the previous ordinance. Thank you very much. Chair Sarnoff Thank you. Anyone else? You have to step up now because I want to get to the Mayor and then I'm going to close the public hearing. Josie Correa: Hi. My name is Josie Correa, and I'm here representing Downtown Miami Partnership, 25 Southeast 2ndAvenue, Suite 240, Miami, Florida 33131. I know most of you know me already and you know what our organization does, but our organization represents over 180 businesses in the downtown area, mostly restaurants and retail establishments. Andl can only tell you, I've been in downtown for 20 years now; as executive director of the organization for about 16 of those years, and the situation is getting completely out of control. Every day we see -- maybe because there's more opportunities and more sidewalk cafes and so forth, we're seeing it escalate. It's getting more and more aggressive, the whole panhandling situation. We started to work with the DDA, with the State Attorney's Office to start what's called a repeat offender volunteer system where businesses and people who are affiliated with both of our organizations have volunteered to start going to the bond hearings and start to address the judges at these bond hearings and let them know -- most of these individuals, which maybe a lot of them are not even homeless, like the previous person said, these people are going through the system 60, 70, 80 times and they just come out the door right the following day, so we're getting really aggressive on this end as volunteers to be before the bond hearing and make sure that the judges understand that downtown is a community now made up of a lot of people who vote, a lot of people who are residents and that they need to be heard. We had our first neighborhood advisory committee meeting last week where we're getting all the residents to have a bigger voice in the things that happen in downtown, and one of first things that came up is what are you doing about the situation of the homeless and the panhandling, and that's always on the list. So I encourage you, once again, as you did last time around, that you support this ordinance and that we move this forward. Thank you very much. Chair Sarnoff Thank you. Alyce Robertson: Hi. Good afternoon. Alyce Robertson, executive director ofMiami Downtown Development Authority. I'm not going to repeat any of the comments that were made by previous speakers. I'd just like to read into the record a statement from the Adrienne Arsht Center. John Richard was not able to be here today, but he sent a statement. The Adrienne Arsht Center for the Performing Arts supports the Miami City Commission's continued revitalization of downtown. The Adrienne Arsht Center is anticipating 500,000 patrons to visit our campus this season, and creating a positive experience for our guests is paramount. As our downtown residential population grows and the number of visitors to our neighborhood rises, expanding City ofMiami Page 40 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 the no panhandling zone in a manner that is respectful of the rights of all citizens should be seriously considered. The safety and security of the urban core is critical to the growth of our City. That's signed by John Richard. Chair Sarnoff. Thank you. You're recognized. Neil Shiver: Good afternoon. Neil Shiver, 3348 Williams Avenue. Do we really want our police using their resources to arrest the poor; in some case, the mentally ill? Politicians beg for money; they go to Washington. A poor man begs for money; now he's going to jail. There has to be a better solution than criminalizing this type of conduct. So I'll be objecting to the criminalization of it. Something has to be done, but something less than putting them in jail. Chair Sarnoff. Mr. Mayor, you're recognized for the record. Mayor Tomas Regalado: Thank you, Mr. Chairman. I just wanted -- I was watching the hearing andl just want to make a comment. And first of all, I do support this ordinance andl think this ordinance is not about homelessness. This ordinance is about rules. There is a law that prohibits aggressive panhandling and people do get arrested throughout the United States for aggressive panhandling. The City ofMiami cannot be fault for not taking care of the homeless. Actually, as a member of the Homeless Trust and as Commissioner and then Mayor, we have done all that a city can do to help the homeless. We have created the indoor feeding. We have fed hundreds of thousands of meals to homeless people, real homeless people. As of today, the homeless division of the City ofMiami has more than 25 families, homeless families in motels in the core of downtown and Park West and the Civic Center, and we even had been hired by the County for outreach throughout the County. But the panhandling is a totally different issue than being homeless. You know, the support that this City, this government, this Commission, this Mayor, this Administration has given to the HAC (Homeless Assistance Center), to Camillus House is extraordinary in terms of money and resources and support. So I just don't think that this should be seen as a homeless program project or a homeless attack. It is not. It's just following the rules in protecting the residents and the visitors, andl hope that you vote in favor. This is important for the quality of life of residents and visitors to the City. Thank you. Chair Sarnoff. Thank you, Mr. Mayor. All right, so public hearing is now closed; coming back to this Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second -- Chair Sarnoff. Motion by -- Commissioner Dunn: -- with discussion. Chair Sarnoff. -- Commissioner Gort, second by Commissioner Dunn. Commissioner -- let me go to Dunn and then I'll come back to Gort. Commissioner Gort: Sure. Commissioner Dunn: Thank you, Mr. Chairman, and thank you to each of the speakers. This particular issue is very dear to me for more reasons than one. As a vocation, I am a pastor andl have been now for the last 19 years, so I'm very sensitive to seeing and caring about the needs of other people, regardless of their status, their social, economic stratus [sic] in life. As the Mayor so accurately stated, I've been involved with the HAC, the Homeless Trust, David Raymond, Ron Book, chairman of the Homeless Trust; former County Mayor Alex Penelas took that along with, wow, the former chairman of the -- Alba Chatman of the Miami Herald and turned what was a City ofMiami Page 41 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 lemon into the best -tasting lemonade in the United States of America. The City ofMiami, Miami -Dade County has the model program for homelessness, the model program. It is number one. It is recognized all across this country. Andl appreciate the Mayor making a clear distinction of what is defined as homelessness versus panhandling. There is a distinct difference, and quite frankly, it's not good. However, I will ask a couple of questions, ifI may. What is the charge for panhandling, if someone could answer that from the Police Department? 'Cause I do not believe that a person should be felonized [sic] for panhandling. I just want to be clear on that. I cannot support but-- I cannot support a person being punished to the fullest extent of the law for panhandling, butl cannot support panhandling. So I just want to be clear on that, sir. Yes. Could you state your name? David Sanchez: Commissioners, Mr. Chair. David Sanchez, downtown NET commander. The charge is a misdemeanor. And for the most part, they are taken to jail, but the very next day they're back out, and that's something that we need to address as well. But it is a misdemeanor. Commissioner Dunn: Mr. Chairman, may I ask a couple more questions? Chair Sarnoff. Have colloquy. Commissioner Dunn: Okay. Yes. The other question is in reference to that, the similar situation which we took a lot of flack about, but there has to be guidelines. There has to be rules and regulations because there are people, unfortunately, who will take advantage of the law. Mr. Sanchez: Absolutely. Commissioner Dunn: And what are the guidelines if, say, a person is a repeat offender? Because then at some point, you know, as we would say in Christendom, grace leaves town. Mr. Sanchez: Let me begin by telling you that, for the most part, these are the same faces that we see daily, and that's an issue. You're absolute absolutely right; it doesn't necessarily have to be a homeless. We have people that live in certain locations that come out and beg. But back to the homeless, sometimes, and for the most part, if you're getting a handout from everyone -- and they can make some decent money if everybody's giving them money under I-95. Commissioner Dunn: Make better money than some of us working every day. Mr. Sanchez: Exactly. What happens is they will never get any help -- Commissioner Dunn: I agree. Mr. Sanchez: -- and that's my argument. Commissioner Dunn: I agree. Mr. Sanchez: But once again, if you see -- Commissioner Dunn: It's called enabling. Mr. Sanchez: There you go. Commissioner Dunn: I know my terminology. It's called enabling. Yes. Mr. Sanchez: But if we see a new face and certainly, our -- from the police aspect, it -- we try our best to ensure that they are referred to the right place. We work very hand -in -hand with the Homeless Trust and everyone else, with the HAC. I have a team out there who's constantly City ofMiami Page 42 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 identfing and assisting these people. But once again, these are the same offenders that have been arrested multiple times. And we have one location that we've had over 115 arrests alone and another one 100 arrests, not to include the rest of the area. It is a problem. Commissioner Dunn: One last question. Has it served as -- from your arrest in comparison before and after the places where the zones are, has it served somewhat as a deterrent? Mr. Sanchez: It does. And let me tell you why. We -- if you could remember, years ago when we had a problem with the window -washing -- Commissioner Dunn: That's right. Mr. Sanchez: It was a terrible -- Commissioner Dunn: Underneath 8 -- Mr. Sanchez: Exactly. Commissioner Dunn: There you go. Mr. Sanchez: We have an ordinance now that says you will not window -wash and there's an ordinance stated there that you will be arrested. As a result of that, we don't arrest anyone for window -washing anymore. So it's about breaking the pattern. Commissioner Dunn: I'm in. Thank you. Mr. Sanchez: Thank you. Chair Sarnoff. Commissioner Gort. Commissioner Gort: Mr. Chairman, being the oldest person sitting here, I can give a little history on the homeless. I believe this is the problem we had since the '70s and we've been dealing with it forever. I'm all in favor of this, but I'd like to extend it, and let me tell you the reasons why. Andl have to tell you, we do have compassion. The City ofMiami voted in 1993 -- we had the largest meeting that the City ofMiami ever had to deal with the Homeless Trust to create the first site. It was held at the Hyatt and it was packed. There was more than 1,000 people there. We took the leadership and we agreed to have that homeless shelter there. The problem that we had and we've had it for years, anyone that gets picked up anywhere in Coral Gables, in Homestead, North Miami, they're brought to the central district here and then let go right here in the central district. I would like to extend this 'cause what happens is when you're being very successful in downtown, guess what? They coming over to our neighborhoods, so we beginning to get those problems too. So I would like to have that extended too. And I've seen the records. A lot of those people being arrested 15, 20, 30, 40 times. This is a problem that we have to deal with. We get penalized for the growth ofMiami-Dade County. We are the one that pay for the continued growth, andl don't think we should be victimized anymore. I'd like to see this not only in here, but I'd like to see it extended. We have the health district. It's something that we're working very close with the Jackson and Miami -Dade County and we're working with the Commissioners to make sure that we get health tourism, which is something that can be very beneficial for the City. Unfortunate, any time you come down the ramp to go into Jackson and to go to any of treatment of the University ofMiami Hospital, you get your panhandler in there and they get very, very aggressive. At the same time, I can show you and the police can show you crime has gone up in our districts, and crime is being committed by those individuals. Andl believe we have a responsibility and the court has the responsibility. If we have someone who is mentally ill, they should be sent to the right place. And one of the things that our homeless individuals do here, andl know the police do this all the time, is they make sure that if they need City ofMiami Page 43 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 help, they'll send them to help. But some of them, they don't want help -- Commissioner Dunn: True. Commissioner Gort: -- because they make more money on the corners -- Commissioner Dunn: True. Commissioner Gort: -- than being in the place. They don't want to follow the rules. So I'm all in favor of it, but I want to extend it. Chair Sarnoff Let's -- Jay, would you look into whether it could be -- not for right now, but would you look into where it could be extended in the health district? I know it's a little exterior of your jurisdiction, but would you voluntarily do that? Mr. Solowsky: Mr. Chairman, I would be happy to do that. I think that we would need to explore both empirically and anecdotally for specific areas within that district what we 're looking to accomplish, and then look at it from an overall level of reasonable time, place, manner, restriction as a percentage of the overall City area. And as we are now approaching 2 percent, we have to be very careful about how we deal with this. I would be happy to volunteer my time and look at that. Chair Sarnoff And you would work with Commissioner Gort's office? Mr. Solowsky: Of course. Chair Sarnoff Okay. Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Gort: I'd like to add -- it's been a long time. I think we approved the shelter. I don't think you were here yet, but I don't know if you were or not. You were not here. At that time they were going to create three of them. There was going to be -- we -- the first one was going to be in downtown Miami. We approved it. It's right there in 15th -- Miami Avenue and 15th Road. A second one was going to be built in the south, and the third one was going to build north. Unfortunately, I don't think they have received their funding to build the one in the north, but one of the commitment that we received from Camillus House and from all those agencies that operate within the City ofMiami, that they're going to work with the courts and they were going to work with the hospital to make sure that anyone that was picked in Homestead, Hollywood, or wherever, they were sent back to the place where they were -- the problem originated -- Commissioner Dunn: Right. Commissioner Gort: -- andl think that's very important 'cause as long as they keep dropping all those people in the center of the City ofMiami, we're going to continue to have problem. I'd like to -- Jay to look into that, please. Mr. Solowsky: I will, sir. Chair Sarnoff The Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. First of all, I'd like to say, Commissioner Gort, I City ofMiami Page 44 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 thought you hit it right on the head. That is something that I was contemplating when reading this. I thought there is no one up here that doubts how hard l fight for my district. However, at the same time, everyone sees, I think, or have seen how I also keep talking about vision and looking at the City as a whole. So when I first read this, my first question was well, is it constitutional? And my second question was if we extend this, what's actually going to happen is this aggressive panhandling is going to keep heading west into my district, and so I started being torn on two sides. Because whatl heard today, it wasn't someone that is poor, someone that is needy reaching out their hands for help. What I heard today was from many people, including students, our future, about the aggressiveness, that they're scared of going to class, and that's unacceptable. That is definitely unacceptable. However, I do have that concern. And Commissioner Gort, you hit the nail right on the head. I'm concerned that if we extend this, the truth of the matter is, it's going to be coming into my district, and now I'm wondering if we could actually do this citywide. With that said, at the present time, although, once again, there's no doubt how hard l fight for my district, I think need to look at it, the City, as a whole and know that this is a good ordinance, andl will be in favor of it. Chair Sarnoff All right. Commissioner Dunn: Mr. Chairman, one more -- Chair Sarnoff Commissioner Dunn. Commissioner Dunn: I just -- along the same lines, even though it is not the same issue, but it's somewhat analogous to what Commissioner Gort indicated and would like to see proposed and supported by Vice Chairman Carollo. I was just informed that the teen curfew is now being enforced in Aventura, so just want people to know that all the hoopla about why this isn't right, but they had a situation there a couple of months ago or a month and a half ago or so and so now -- andl think they're saying that kids got to come with their parents by 9 o'clock if they're going to the movies. So I think that that's the message, as you stated, Vice Chairman Carollo, that we want to see and send from a citywide perspective because then it says that we will have a zero tolerance for anything that is illegal. Mayor Regalado: Mr. Chairman. Chair Sarnoff Yes, Mr. Mayor. Mayor Regalado: I'm sorry. I just wanted to say something. I -- number one, aggressive panhandling is a crime. Commissioner Dunn: Yeah. Mayor Regalado: It's in the books. It's in the state of Florida. It's throughout the nation. And it's citywide. It's countywide. It's statewide. And aggressive panhandling doesn't mean that someone needs to be pushed. Just by knocking on your window of your car is aggressive panhandling, so the police have to deal with that because aggressive panhandling is dangerous to the panhandler and to the residents. But I will give you an example that this is not -- panhandling is not about being homeless. In District 4 -- and Commissioner Suarez will attest to that, and we had many, many issues throughout the years -- there is an adult living facility with 113 patients on 14th Street; and some of these patients, 24 hours a day, do panhandle on 16th Street and 22ndAvenue. They have a home. They have medical care. They have meals. They just panhandle because it's an extra money that they get, and they go buy cigarettes and beers and all that. In fact, they have put themselves in harm's way. Some of them had been run by cars because people try to escape when they become aggressive and there is a lot of traffic on that street. So I don't see a problem with this ordinance. I don't see that we cannot deal with aggressive panhandling throughout the City, but the problem -- this is about marketing. The City ofMiami Page 45 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 panhandlers go whenever there is a lot of people. It's marketing. It's like a billboard and, you know -- so I am -- I'm not concerned that there will be displaced to other parts because this is where they work, and we just need to send a message and the message that has been very clear. So I just wanted to say that, you know, there is -- we don't have -- we should not have a guilt complex here of attacking the homelessness. This is not about homeless persons. This is about rules and people that just don't want to work. Thank you. Chair Sarnoff Let me just say, Dr. Montoya [sic], you must be proud of the children, kids, young adults who just came up here and spoke so eloquently on behalf of your college, and you have to feel like you have future statesmen obviously in the brew. Commissioner Gort: They sure did. Chair Sarnoff Andl think every Commissioner here should worry 'cause I think any day now they can supplant us any moment. You know, this issue is truly interesting because what is government's role? What is the role of government? Should it be to hand out money to everybody and give them a leg up and, you know, continue to give -- call them entitlements, call them stimulus dollars. Or is government's role to set the proper table so that people like Jose Goyanes puts his money at risk, puts his sweat equity at risk so that he opens up Tre, that he opens up a barber shop so that he can compete with the people he needs to compete with. That is the true role of government. It is the police powers of the role of government, not to go handing out money, not to give stimulus dollars. It is to make sure that the business entrepreneurs that are finding their way downtown don't have to fight an issue that the others have a competitive advantage because in the end, it's the people downtown that will have the competitive advantage if we set the proper table for their business practice. Because there will be 27,000 people andl bet, Jose, a couple of them will be hungry and they'll want to go to your restaurant. Andl can tell you this, it happens in Coconut Grove, it happens downtown. Nobody wants to sit outside -- and I'll tell you, in Miami for seven or eight months a year, it's the most pleasant place to be outside. Nobody wants to be outside and be asked for money from anyone. It's just not how -- or how you can compete. So I think this is absolutely government's role. Jay, I'm going to ask you to look at what levels we can do this for the other Commissioners. I think the definition of insanity is to repeat the exact same act time and time again and expect a different result. Well, we've been at this since 1970. How are we doing, folks? Looks the same, in some respects. So we have to try different tools. We have to get the different methodologies out there. This one is proven to work to some degree. If we expand it, it will work to a further degree. And nobody, as the Mayor said, should have guilt. This is not about homelessness. This is about an affirmative action a person taking. So I'm going to ask that we vote on this. I think we had a motion. We had a second. And it is an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Veronica Xiques. Ms. Thompson: 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, 4-0. Chair Sarnoff All right. Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Gort: Before we move on, I think it be very important that if -- have a marketing City ofMiami Page 46 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 strategy, whenever we can, to let the people know all the facilities that we have to help these individuals. And by giving donation to these people on the corners, making it worse. A lot of people, I know they're good-hearted, and they think they're going to feel good; they want to give them a dollar and all that. They think they're doing them a service; they're doing them a disservice 'cause they're not getting the treatment because they don't want to go to the places where treatment can be received. Commissioner Dunn: Enabling. Mr. Solowsky: Commissioner Gort, the DDA will look at that, research it, and get that out there. Chair Sarnoff Thank you. Thank you everyone for coming. And where are the kids? You're not kids. I guess you're young adults. Commissioner Gort: Young adults. Chair Sarnoff Every time I get older, they look like they're kids. Commissioner Gort: Congratulations. Chair Sarnoff Congrat -- nice job. Commissioner Gort: You kids did a good job. Chair Sarnoff Very nice job. FR. 4 ORDINANCE 10-01211 First Reading District 1- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), AMENDING CHAPTER 31/ARTICLE II /SECTION 31-50 OF Wifredo (Willy) Gort THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR) SCHEDULE OF ESTABLISHED BTRS," BY UPDATING THE CATEGORY SECTION FOR SOME FEES, AND ADJUSTING CERTAIN FEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01211 FR/SR Legislation.pdf 10-01211 FR/SR Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff All right, I think the last one was FR.4, and I think that's Commissioner Gort. Do you want to move that or do you want to --? It lists you as the -- Commissioner Gort: Yeah, I'll move it. Chair Sarnoff Do you want to -- Commissioner Gort: Yes. Chair Sarnoff -- give us a little bit of something about it? City ofMiami Page 47 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 RE.1 10-01148 Department of Capital Improvements Program Commissioner Gort: Mainly what it is, my understanding is there were some operators at a flea market; they were paying too much funds compared to others. It was not equal for everyone. So this ordinance, what it does is this -- it makes it equal for everyone throughout the City ofMiami. Chair Sarnoff. All right. So we have a motion by Commissioner Gort. Is there --? Commissioner Dunn: Second. Chair Sarnoff. Second by Commissioner Dunn. I'm going to open up a public hearing. Anybody wishing to be heard on FR.4, please step up. Hearing none, seeing none, coming back to the Commission. 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, 3-0. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH ADA ENGINEERING, INC., FOR THE PROVISION OF MISCELLANEOUS CIVIL ENGINEERING SERVICES, IN THE AMOUNT NOT TO EXCEED $350,000, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM AN AMOUNT NOT TO EXCEED $1,250,000 TO AN AMOUNT NOT TO EXCEED $1,600,000; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS, IN THE AMOUNT OF $350,000, FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECT. 10-01148 Summary Form.pdf 10-01148 Pre Resolutions and Pre Exhibits.pdf 10-01148 Legislation.pdf 10-01148 Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0489 Chair Sarnoff. (INAUDIBLE) two Commissioners. Maybe we could do the REs (Resolutions). Can we get somebody to present RE.1? We will come back to FR.4, but I just want to get through the REs. Come on, Orlando, come up and present. I know you can do anything. City ofMiami Page 48 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 RE.2 10-01207 Department of Capital Improvements Program Commissioner Gort: What item we're going to be on? Chair Sarnoff IfI call for FR.4, wouldl get somebody up here? Alice Bravo (Director, Capital Improvement Projects): Good afternoon. Chair Sarnoff Good afternoon. Ms. Bravo: Alice Bravo, Capital Improvements Department. Item RE.1 before you is a resolution to approve a third amendment to a professional services agreement that we have for miscellaneous civil engineering firms with the firms ofADA Engineering. This firm has several assignments with the City, and one of their major assignments includes a drainage master plan. And we're foreseeing the need to issue additional work orders to them and -- which requires the increase in capacity to the contract. Chair Sarnoff All right. Let me open up to a public hearing. Does anybody wish to be heard on RE.1? I see a lot of people here. RE.1. All right, hearing none, seeing none, the public hearing is closed; coming back to this Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. I have a question for you. In any way, shape, or form, could anybody argue any way possible that this is something of a no -bid or something like that contract? Ms. Bravo: No one could argue this. This was competitively procured. Chair Sarnoff Okay. Thank you. All right, gentlemen, any further discussion on RE.1? Hearing none, all in favor, please say "aye." The Commissioner (Collectively): Aye. Chair Sarnoff Okay. You have a unanimous vote. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN ADDITIONAL CONTINGENCY ALLOWANCE TO GULF BUILDING, LLC, FOR ADDITIONAL WORK NECESSARY FOR THE PROJECT ENTITLED "ROBERTO CLEMENTE PARK RECREATION BUILDING", B-30172A, INCLUDING THE BUILD -OUT OF AN UNUSED TENANT AREA OF THE DOROTHY QUINTANA COMMUNITY CENTER WHICH WILL BE USED TO PROVIDE SERVICES TO THE ELDERLY COMMUNITY, IN THE AMOUNT NOT TO EXCEED $145,000, THEREBY INCREASING THE TOTALAWARD AMOUNT FROM $2,192,439 TO A TOTAL AMOUNT NOT TO EXCEED $2,337,439; ALLOCATING FUNDS IN THE AMOUNT OF $145,000 FROM CAPITAL IMPROVEMENT PROJECT NO. B-30172A. 10-01207 Summary Form.pdf 10-01207 Pre Legislation and Pre Exhibit.pdf 10-01207 Legislation.pdf City ofMiami Page 49 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0490 Chair Sarnoff RE.2. Alice Bravo (Director, Capital Improvement Projects): RE.2, the item before you is to authorize an increase to the construction contract that we have with Gulf Building, T,T C (Limited Liability Company). They were the builder of the Roberto Clemente Park Recreational Building at Dorothy Quintana Community Center. There's a space within this building that was not built out or permitted as part of the original construction where we now will be housing the De Hostos Senior group. Since they constructed the original building and are just wrapping that up, it's, we feel, the most favorable option to have them do the interior workout -- Chair Sarnoff All right. Ms. Bravo: -- of that group. Chair Sarnoff Let me open it up to a public hearing. RE.2, is there anyone from the general public wishing to be heard on RE.2, please step up. Hearing none, seeing none, coming back to this Commission. Is there a motion? Commissioner Gort: Is -- this allocation is part of the original allocation? Ms. Bravo: There was an allocation that was approved about a month ago -- Commissioner Gort: Right. Ms. Bravo: -- at a previous Commission meeting to fund the build -out of the De Hostos area. Commissioner Gort: Okay. Move it. Chair Sarnoff All right. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Dunn -- Gort, second by Commissioner Dunn. Is this the most cost-effective way of resolving and ending this particular building construction? Ms. Bravo: We believe this to be the most cost-effective way, and we will also get a price from one of our JOC (Job Order Contracting) contractors to facilitate in negotiations for assurance. Chair Sarnoff So to the general public, that would mean you think this is the most efficient way of doing things to finish this out, but just to prove that you're correct, you're going to use a contractor that you have the right to go to and say now, bid me the square footage and tell me what it would cost so that you can prove you're correct? Ms. Bravo: Correct. Chair Sarnoff And if it proves you're incorrect, you would then use the JOC contractor? Ms. Bravo: Correct. City ofMiami Page 50 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 RE.3 10-01208 Department of Capital Improvements Program Chair Sarnoff So this is in no way, shape, or form a no -bid? Ms. Bravo: Correct. Chair Sarnoff All right. RE.2, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCESS AND INDEMNIFICATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CHUCKS BACKHOE SERVICE, INC., GRANTING TEMPORARY ACCESS RIGHTS TO CERTAIN CITY OF MIAMI REAL PROPERTY LOCATED AT VIRGINIA KEY NORTH POINT, AS STATED HEREIN, FOR THE PURPOSE OF PERFORMING CERTAIN WORK RELATING TO THE CREATION OF MOUNTAIN BIKE TRAILS ON THE PROPERTY. 10-01208 Summary Form.pdf 10-01208 Legislation.pdf 10-01208 Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0491 Chair Sarnoff All right, RE.3. Alice Bravo (Director, Capital Improvement Projects): RE.3 is a resolution that authorizes the City Manager to provide access to Chuck's Backhoe Service. A volunteer group has requested the ability to go to North Point on Virginia Key and basically carve out mountain bike trails and they need access to the site. Commissioner Gort: This would be no cost to the City? Ms. Bravo: No cost to the City. Commissioner Gort: Move it. Chair Sarnoff All right, we have a motion by Commissioner Gort, second by Commissioner Dunn. And anyone from the general public wishing to be heard on RE.3? Hearing none, seeing none, the public hearing is now closed. As you said, this is no cost to the City. And by the way, congratulations to the mountain biking folks. It's only three years overdue. Commissioner Gort: Yeah. Chair Sarnoff All in favor, please say "aye. The Commission (Collectively): Aye. City ofMiami Page 51 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 RE.4 10-01209 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A," WITH "ATTACHMENT A- 10/28/10 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 10-01209 Summary Form.pdf 10-01209 Pre Legislation and Pre Exhibit.pdf 10-01209 Legislation.pdf 10-01209 Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0492 Chair Sarnoff RE.4. Alice Bravo (Director, Capital Improvement Projects): RE.4. The item before you is an update to the list of projects that will be carried out under the original expedite ordinance that was presented and adopted in 2008. And I, for the record, want to say a few things about this item. When the original resolution was passed, it was foreseen that the list would be updated on a periodic basis; and this update, specifically, we're adding the projects that were recently created in prior appropriations, and these are all projects that have been identified as capital improvement priorities, so every one of these projects will go through a competitive procurement. The results of those -- of that competitive procurement is posted on the CIP Web site for everyone to see and on a regular basis, we provide update memoranda to the Commission members so that they know the results of those procurements. Chair Sarnoff If anyone were to write or anyone were to say that this circumvented a procurement process, they would be factually incorrect? Ms. Bravo: They would be factually incorrect. Chair Sarnoff All right. Let me open up a public hearing, gentlemen. Anyone wishing to be heard on RE.4, please step up. Hearing none, seeing none, coming back to this Commission. Is there a motion? Commissioner Gort: Yeah. Before I make the motion, I want to make sure we get a copy of the results when you get your bids in. Do we get a copy afterwards? Ms. Bravo: Yes. Commissioner Gort: Okay. Thank you. Move it. Chair Sarnoff All right. Commissioner Dunn: Second. City ofMiami Page 52 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 RE.5 10-01204 Office of Strategic Planning, Budgeting, and Performance BC.1 10-00911 Office of the City Clerk Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. All in favor, gentlemen, please say "aye." The Commission (Collectively): Aye. Commissioner Gort: I have a request. I understand we're trying to save papers and trees and all that, but if we can print this in two pages -- 'cause I need a magnfing glass to read some of these things here. Okay? Ms. Bravo: The micro font is not working out. Commissioner Gort: Thank you. Ms. Bravo: Thank you. Chair Sarnoff All right, RE.5? Commissioner Dunn: Passed -- deferred. Chair Sarnoff That's continued. You're right. Sony. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2011. 10-01204 Summary Form.pdf 10-01204 Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, 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 END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FORATERM DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00911 Arts CCMemo 10-28-2010.pdf 10-00911 ArtsCurrent_Board_Members 10-28-2010.pdf City ofMiami Page 53 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 BC.2 10-00856 NO ACTION TAKEN Chair Sarnoff Madam City Attorney [sic], is it worthwhile going through the Boards and Committees? You have submissions from Commissioners -- Priscilla A. Thompson (City Clerk): Chair, we did have a submission made by the Mayor, so his name would be proffered. The other Commissioners did say that they -- I'm sorry. Commissioner Suarez did indicate that he had appointments that he wanted to make. It is entirely left up to the board. Chair Sarnoff Do you have those names? Ms. Thompson: I do, but someone -- another Commissioner would have to proffer. Chair Sarnoff Andl don't have a problem with that. But you have those names -- Ms. Thompson: Yes. Chair Sarnoff -- so it's worthwhile going through them. All right, let's go up with BC.1. BC.1 appears to be Chairman Carollo -- Vice Chairman Carollo, so let's skip that. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose "Pepe" Riesco Vice Chairman Frank Carollo 10-00856 Audit CCMemo.pdf 10-00856 Audit Current_Board_Members. pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0493 Chair Sarnoff Let's go to BC.2. Do you have a submission? Priscilla A. Thompson (City Clerk): On BC.2, no we don't. Chair Sarnoff All right. [Later...] Vice Chair Carollo: Mr. Chairman. Chair Sarnoff All right. Yes, sir. You're recognized. City ofMiami Page 54 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Vice Chair Carollo: Could we go back to BC.1 ? Chair Sarnofff. Absolutely. Vice Chair Carollo: Thank you. On BC.1 -- actually -- I'm sorry -- not BC.1; BC.2. Chair Sarnofff. You're recognized for BC.2. Vice Chair Carollo: I'd like to proffer the name of Jose "Pepe" Riesco, a CPA (Certified Public Accountant). Chair Sarnofff. All right, we have the name of Jose Pepe. Is there a second? Commissioner Gort: Second. Ms. Thompson: I'm sorry. Jose "Pepe" Diaz. Vice Chair Carollo: Riesco. Ms. Thompson: Oh, I'm sorry. Commissioner Gort: Riesco. Ms. Thompson: Can you spell that for me, please? Vice Chair Carollo: R-E -- I'm sorry. R I-E-S-C-O. Ms. Thompson: Thank you. Vice Chair Carollo: And he's a CPA. Chair Sarnofff. Okay. We have Jose "Pepe" Riesco. We have a motion by the Vice Chair, second by Commissioner Dunn. Any discussion, gentlemen? Didl say it -- Vice Chair Carollo: Close enough. Chair Sarnofff. -- wrong? Vice Chair Carollo: Close enough. Chair Sarnofff. Okay. All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnofff. Don't let the gringo get the name wrong. BC.3 RESOLUTION 10-00799 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City ofMiami Page 55 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Francis Suarez Commissioner Richard Dunn II 10-00799 Bayfront CCMemo 10-28-2010.pdf 10-00799 Bayfront Current_Board_Members 10-28-2010.pdf CONTINUED Chair Sarnofff. Let's go to BC.3, which is Commissioner Carollo -- Commissioner Suarez or Commissioner Dunn. Priscilla A. Thompson (City Clerk): No submission. Chair Sarnofff. No submission? Ms. Thompson: From -- [Later..] Chair Sarnofff. BC.3. Ms. Thompson: On BC.3, I -- Commissioner Suarez did not proffer any names. Chair Sarnofff. All right. Ms. Thompson: And Commissioner -- Chair Sarnofff. Commissioner -- Ms. Thompson: -- Dunn doesn't have any. Is that correct, Commissioner? Commissioner Dunn: That's correct. Chair Sarnofff. Does not, okay. Ms. Thompson: Okay. BC.4 RESOLUTION 10-00461 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Allyson M. Warren Vice Chairman Frank Carollo 10-00461 CEB CCMemo.pdf 10-00461 CEB Current_Board_Members.pdf City ofMiami Page 56 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0494 Chair Sarnofff. So let's move to BC.4. Priscilla A. Thompson (City Clerk): Vice Chair Carollo has an appointment on that board. Vice Chair Carollo: Yes. I'd like to proffer the name Allyson M. Warren. Ms. Thompson: That's for the Code Enforcement Board? Vice Chair Carollo: Yes, ma'am. Chair Sarnofff. All right, we have a motion by the Vice Chair. Is there a second? Commissioner Gort: Second. Chair Sarnofff. All right. All in -- any discussion, gentlemen? All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnofff. All right. (BC.5) RESOLUTION 10-00652a Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING LYSE Clerk CUELLAR-VIDAL ASA MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN. Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0496 Commissioner Gort: Mr. Chairman, can we go back to the Status of Woman [sicJ? Priscilla A. Thompson (City Clerk): The Commission on -- Commissioner Gort: Can we go back to the Status of Woman [sicJ? Ms. Thompson: -- the Status of Women. That would be -- Chair Sarnofff. BC.5. Ms. Thompson: -- BC.5. Commissioner Gort: BC.5, yes. City ofMiami Page 57 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 BC.5 10-00652 Ms. Thompson: Yes, sir. Commissioner Gort: My understanding the appointment that was there has missed five different meetings. Ms. Thompson: Okay. Are you talking about with your appointment of Ms. Cuellar -Vidal? Commissioner Gort: Lyse, yes. Ms. Thompson: Okay. Commissioner Gort: I'd like to replace her. Ms. Thompson: Okay. Commissioner Gort: So you need a motion to -- Vice Chair Carollo: Make a motion. Commissioner Gort: -- remove. Vice Chair Carollo: Second. Chair Sarnoff How many appointments do we have? We have two each? Ms. Thompson: On that particular board, yes. Chair Sarnoff. Okay. So we have a motion by Commissioner Gort, second by the Vice Chair. Any discussion, gentlemen? Hearing none, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff. All right, you're recognized again. Commissioner Gort: I would like to replace it with Yomari [sic] Chevalier [sic]. Yomari [sic], Y-O M A-R-I, Chevalier [sic], C-H-E-V-A-L-I-E-R. Vice Chair Carollo: Second. Chair Sarnoff. We have a motion by Commissioner Gort, second by the Vice Chair. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Yomary Calderon Commissioner Wifredo (Willy) Gort City ofMiami Page 58 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 BC.6 10-00800 10-00652 CSW CCMemo.pdf 10-00652 CSW Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0495 Chair Sarnoff All right, BC.5. Priscilla A. Thompson (City Clerk): On BC.5 we have a name proffered by the Mayor on the Commission on the Status of Women. The name is Allyson Warren. And I do have to let you know that if Ms. Warren should be accepted, she would need a five five waiver because of her term limit, so at this point in time we don't have the five five available. Chair Sarnoff All right. Apparently, the Vice Chair, Commissioner Gort, and Fran -- and Commissioner Suarez have appointments. Vice Chair, no? Vice Chair Carollo: Continue. Chair Sarnoff All right, Commissioner Gort. Commissioner Gort: I'm waiting. Unfortunately, I left the resume at the office. I'll waive for now, but I might bring it back. Chair Sarnoff Okay. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Haydee Wheeler Commissioner Francis Suarez Lyse Cuellar -Vidal Commissioner Francis Suarez 10-00800 CRB CCMemo.pdf 10-00800 CRB Current_Board_Members.pdf 10-00800 CRB Resumes.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez City ofMiami Page 59 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 BC.7 10-00011 R-10-0497 A motion was made by Vice Chairman Carollo, seconded by Commissioner Dunn, and was passed unanimously, with Commissioner Suarez absent, to appoint Lyse Cuellar- Vidal and Haydee Wheeler as members of the Community Relations Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Lyse Cuellar -Vidal as a member of the Community Relations Board. Chair Sarnofff. Let's go on then to BC. 6, CRB (Community Relations Board). Is this the Community --? It's the Community Relations Board. Vice Chair has an appointment and Commissioner Suarez has an appointment. Vice Chair Carollo: Continue. Chair Sarnofff. All right. BC.7. Priscilla A. Thompson (City Clerk): No. IfI might, this is one of the ones where Commissioner Suarez did proffer two names for his two appointments, okay. One would be Ms. Haydee Wheeler, who's currently serving. Her term will expire, but because of the shift in Commissioners, she would have to be reappointed, so he has proffered Haydee Wheeler. And then Ms. Lyse Cuellar -Vidal, and she would need a four fifths attendance waiver. Chair Sarnofff. All right. Is there a motion? Vice Chair Carollo: So move. Chair Sarnofff. Motion by the Vice -- Commissioner Dunn: Second. Chair Sarnofff. -- Chair, second by Commissioner Dunn. Any discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00011 CTAB CCMemo 10-28-2010.pdf 10-00011 CTAB Current_Board_Members 10-28-2010.pdf CONTINUED Chair Sarnofff. All right, the Community Technology Board. It looks like -- that's BC.7 -- the Vice Chair has an appointment. City ofMiami Page 60 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Vice Chair Carollo: Continue. Chair Sarnofff. All right. BC.8 RESOLUTION 10-00017 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Michael G. Barket Chairman Marc David Sarnoff Aurelus Dorvil Commissoner Francis Suarez 10-00017 EOACCMemo.pdf 10-00017 EOA Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0503 A motion was made by Commissioner Gort ,seconded by Vice Chair Carollo, and passed unanimously, with Commissioner Suarez absent, to appoint Aurelus Dorvil as a member of the Equal Opportunity Advisory Board. A motion was made by Vice Chair Carollo, seconded by Commissioner Dunn, and was passed unanimously, with Commissioner Suarez absent, to appoint Michael Barket as a member of the Equal Opportunity Advisory Board. Chair Sarnofff. BC.8 is the Equal Opportunity Advisory Board. I have an appointment. The Vice Chair has an appointment. Commissioner Gort has an appointment. Commissioner Gort: I waive. Chair Sarnofff. Has Commissioner Suarez given you any? Priscilla A. Thompson (City Clerk): Yes, he has. Chair Sarnofff. He has. Let's take his name. Ms. Thompson: Okay. The name that Commissioner Suarez has proffered for the Equal Opportunity Advisory Board is Aurelus Dorvil. Chair Sarnofff. Rivas Dor --? Ms. Thompson: Yes. A-U-R-E-L-U-S, D-O-R-V-I-L. Commissioner Gort: So move. City ofMiami Page 61 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 BC.9 10-00467 Vice Chair Carollo: Second. Chair Sarnofff. All right, we have a motion by Commissioner Gort, second by the Vice Chair. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnofff. All right. Chair Sarnofff. I'm going to tender the name of Michael Barket. And does the Vice Chair wish to tender? Vice Chair Carollo: Continue. Chair Sarnofff. All right. And FOP (Fraternal Order of Police) listed a name? Ms. Thompson: They have not. Chair Sarnofff. All right. Would somebody make a motion on Michael Barket? Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Sarnofff. Motion by the Vice Chair, second by Commissioner Dunn. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Al Salas Vice Chairman Frank Carollo 10-00467 Finance CCMemo.pdf 10-00467 Finance Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0498 Chair Sarnofff. All right, BC.9. Continue or --? Vice Chair Carollo: No. I'd like to proffer the name of Al Salas. Chair Sarnofff. All right, we have a motion by the Vice Chair -- City ofMiami Page 62 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Gort: Second. Chair Sarnoff -- second by Commissioner Gort. All in favor, please say "aye. " The Commission (Collectively): Aye. BC.10 RESOLUTION 10-00917 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mirta Guerra -Aguirre Commissioner Francis Suarez 10-00917 Health CCMemo.pdf 10-00917 Health Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0499 Chair Sarnoff BC.10, Health Facilities Authority Board. Priscilla A. Thompson (City Clerk): And we do have a name proffered by Commissioner Suarez. Chair Sarnoff Give us that name. Ms. Thompson: That name is Mirta Guerra -Aguirre. Commissioner Gort: Move it. Vice Chair Carollo: Second. Chair Sarnoff All right, we have a motion by Commissioner Gort, second by the Vice Chair. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Commissioner Dunn, you have an appointment, and the Vice Chair. Vice Chair Carollo: Continue mine. Chair Sarnoff Commissioner Dunn? Continue? All right. BC.11 RESOLUTION 10-00018 City ofMiami Page 63 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Chairman Marc David Sarnoff (Citizen) Vice Chairman Frank Carollo (Citizen) Vice Chairman Frank Carollo (Architectural Historian) 10-00018 HEP CCMemo 10-28-2010.pdf 10-00018 HEP Current_Board_Members 10-28-2010.pdf 10-00348 List HEP applicants.pdf 10-00348 HEP applications.pdf CONTINUED Chair Sarnoff BC.11, the City Commission appointing individuals as members of the HEP (Historic and Environmental Preservation) Board. Madam Clerk, who is my appointment? Priscilla A. Thompson (City Clerk): You currently have as your appointment Mr. William Hooper, and he would continue to serve until you make another appointment. The -- we have a list and we gave you a list of the applicants that we have on file that applied for the vacant positions on those boards. His name is not listed. His app -- we don't have an application for him. Chair Sarnoff And have you made him aware that he needs to apply? Ms. Thompson: We have had some discussions with the Law Department. Apparently, there was a verbal legal opinion given that when the vaca -- I'm sorry. Before the closure of the advertisement, his term had not ended. His term ended subsequent, and we have not had another advertisement so that, of course, there has not been a period -- an advertising period where he can come through. Chair Sarnoff Okay. Ms. Thompson: If it is the Board -- the Commission's desire thatl go ahead and open up the advertisement to take in more applicants, I can do that, or he continues to serve. Chair Sarnoff Yeah. I don't want to do that 'cause I don't want any kind of cost that's unusual costs to your office, so I'll just leave him where he is. And the Vice Chair has two appointments. Vice Chair Carollo: For the HEP Board, continue. Chair Sarnoff All right. BC.12 RESOLUTION 10-00930 City ofMiami Page 64 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Nelson Victor Alvarado Vice Chairman Frank Carollo Omar Travieso Commissioner Francis Suarez 10-00930 Homeland CCMemo.pdf 10-00930 Homeland Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0504 A motion was made by Commissioner Gort and seconded by Vice Chair Carollo, and was passed unanimously, with Commissioner Suarez absent, to appoint Omar Travieso as a member of the Homeland Defense/ Neighborhood Improvement Bond Program Oversight Board. A motion was made by Vice Chair Carollo, and seconded by Commissioner Gort, and was passed unanimously, with Commissioner Suarez absent, to appoint Nelson Victor Alvarado as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Chair Sarnofff. And then BC.12, looks like Homeland Defense/Improvement Bond Oversight Board. The Vice Chair has two appointments and so does Francis -- Commissioner Suarez. Priscilla A. Thompson (City Clerk): Andl do have a name for Commissioner Suarez. Chair Sarnofff. Can you tender that name? Ms. Thompson: Yes. That name is Omar Travieso. Commissioner Gort: Move it. Vice Chair Carollo: Second. Chair Sarnofff. Motion by Commissioner Gort, second by the Vice Chair. Any discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: I also have a name. Chair Sarnofff. Go ahead. Vice Chair Carollo: I'd like to proffer the name Nelson Victor Alvarado. Chair Sarnofff. All right, the Vice Chair has made a motion. Is there a second? City ofMiami Page 65 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Dunn: Second. Chair Sarnoff Second by Commissioner Dunn. All in -- Ms. Thompson: I'm sorry. IfI could ask for clarification. On that one, Vice Chair, would that individual be going into the vacant seat that you have available 'cause you do have an incumbent in one seat? Vice Chair Carollo: Sure. Ms. Thompson: Okay. Thank you. Vice Chair Carollo: Now the incumbent is from the -- Ms. Thompson: That's correct. Vice Chair Carollo: -- previous Commissioner, correct? Ms. Thompson: That is correct. Chair Sarnoff All right, so we have the motion and the second, correct? Ms. Thompson: I'm sorry; I didn't hear -- Commissioner Gort: Second. Chair Sarnoff All right. All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff All right. BC.13 RESOLUTION 10-00915 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: Jose Castro 10-00915 NAB CCMemo.pdf 10-00915 NAB Current_Board_Members.pdf NOMINATED BY: Commissioner Francis Suarez Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0500 City ofMiami Page 66 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Priscilla A. Thompson (City Clerk): Let me make sure. Vice Chair Carollo: Yes. Ms. Thompson: Yes. Thank you. Chair Sarnofff. All right. Here's -- the Vice Chair has an appointment, Commissioner Gort has an appointment. Has Commissioner Suarez given you an appointment? Ms. Thompson: On BC.13, yes, he has. Chair Sarnofff. What's the name? Ms. Thompson: He's proffered the name of Mr. Jose Castro. Vice Chair Carollo: So move. Commissioner Gort: Second. Chair Sarnofff. Motion by the Vice Chair, second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnofff. Okay. Commissioner Gort: I'll waive mine. Vice Chair Carollo: Continue. BC.14 RESOLUTION 10-00035 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00035 PRAB CCMemo 10-28-2010.pdf 10-00035 PRAB Current_Board_Members 10-28-2010. pdf CONTINUED Chair Sarnofff. All right. It's now BC.14 is the Vice Chair. Vice Chair Carollo: Continue. Chair Sarnofff. All right. BC.15 RESOLUTION 10-00918 City ofMiami Page 67 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate) NOMINATED BY: Mayor Tomas Regalado Vice Chairman Frank Carollo 10-00918 PZAB CCMemo 10-28-2010.pdf 10-00918 PZAB Current_Board_Members 10-28-2010. pdf 10-00918 PZAB applications.pdf CONTINUED Chair Sarnoff All right. BC.15, has the Mayor tendered an appointment? Priscilla A. Thompson (City Clerk): No, he has not. Vice Chair Carollo: Continue. Chair Sarnoff All right. BC.16 RESOLUTION 10-00823 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate) NOMINATED BY: Chairman Marc David Sarnoff Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Richard Dunn II Commissioner Richard Dunn II 10-00823 UDRB CCMemo 10-28-2010.pdf 10-00823 UDRB Current_Board_Members 10-28-2010.pdf City ofMiami Page 68 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 CONTINUED Chair Sarnoff BC.16, Urban Development Review -- UDRB (Urban Development and Review Board). Vice Chair has an appointment. Commissioner Gort has an appointment. Commissioner Suarez has an appointment. Commissioner Dunn has an appointment. Has the Vice -- has Commissioner Suarez? Priscilla A. Thompson (City Clerk): No, he has not. Chair Sarnoff All right. So gentlemen, it's your pleasure. Vice Chair Carollo: Continue. Chair Sarnoff Continue. Commissioner Dunn? Commissioner Dunn: I'll continue. Chair Sarnoff All right. Let's say you got continued all through. BC.17 RESOLUTION 10-00039 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez 10-00039 WAB CCMemo 10-28-2010. pdf 10-00039 WAB Current_Board_Members 10-28-2010.pdf CONTINUED Chair Sarnoff BC.17 is the Waterfront Advisory Board. The Vice Chair and Commissioner Suarez. First is the -- has Commissioner Suarez tendered a name? Priscilla A. Thompson (City Clerk): No, he has not. Vice Chair Carollo: Who is the appointment right now? Ms. Thompson: Wendy Kamilar. Vice Chair Carollo: Right. And that's who -- I want to make a motion for her to stay or be nominated for the Waterfront Advisory Board. Chair Sarnoff All right. We have a motion by the -- Commissioner Gort: Second. City ofMiami Page 69 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 DI.1 10-01219 Department of Capital Improvements Program Ms. Thompson: I'm -- Chair Sarnoff. Go ahead. Ms. Thompson: If you want to reappoint her -- Vice Chair Carollo: Reappoint her. Ms. Thompson: -- or appoint -- actually, she'll be your new appointment. Vice Chair Carollo: Right. Ms. Thompson: Because she has served on that board since 2002, she would need a five five term limit waiver. Vice Chair Carollo: Okay. Chair Sarnoff. So he does nothing (UNINTELLIGIBLE). Vice Chair Carollo: Yeah. Continue. Chair Sarnoff All right. I think we're done -- Ms. Thompson: That's it. Chair Sarnoff. -- and we had promised a time certain -- Ms. Thompson: Thank you. Chair Sarnoff. -- for -- want to help me? Is it PZ (Planning & Zoning) -- END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION REGARDING A PRESENTATION ON THE USE OF TRAFFIC CALMING DEVICES. 10-01219 Summary Form.pdf 10-01219-Submittal-Presentation-Alice N. Bravo.pdf DISCUSSED Chair Sarnoff. All right. If you wouldn't mind, gentlemen, I'd like to let the Mayor have his issue heard before we hear anything. I believe the Mayor's items are DI [sic], D2 [sic], andl know the Mayor has a pocket item. We're going to be on page 28 of our agenda, page 28. DI [sic], Mr. Mayor, you're recognized for the record, which is to illustrate to the Commission -- I believe it's the traffic -calming devices. Mayor Tomas Regalado: Yes, sir. Chair Sarnoff. You're rec -- I'm sorry, Mr. Mayor. You're recognized for the record. City ofMiami Page 70 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mayor Regalado: We -- like you said, Mr. Chairman, I do have some items. One of them is from the Capital Improvement Programs, and of course, there is also an agenda item that was placed by the Commission, D1.2 [sic]. [Later...] Chair Sarnofff. All right, Mr. Mayor, you can either take DI [sic] or D2 [sic]. Mayor Regalado: DI [sic], we have the CIP (Capital Improvements Program) director, Alice Bravo. It's a discussion item regarding the use of traffic -calming devices, and this is important for all districts. You know, we have been talking about the need for traffic -calming devices, whether traffic circles or other devices. And Alice has prepared a very good, detailed report for you to understand what is this project. Madam. Alice Bravo: Good morning. Alice Bravo, CIP director. I'm going to present some of the options that we have in traffic -calming, the procedures and the requirements, the thresholds that have to be met for the implementation of some of the traffic control devices we have around the City. And my computer's a little slow, so I'll just mention -- generally, traffic -calming devices can lead to a balance between the needs of busy commuters and the safety and quality of neighborhood streets. As congestion worsens throughout the City, commuters often look for optional routes and that often leads them to get off the main arterial roadways and into the residential areas. So traffic -calming could be used to effectively minimize the negative impact of traffic and to improve the quality of life of the City's neighborhoods. Streets should serve motorists, bicyclists, and pedestrians equally, so the City's committed to providing its neighborhoods with accessibility, quality, livability, and affordability. I apologize for this not working. So the -- Commissioner Gort: Never fails. Ms. Bravo: -- purpose of traffic -calming strategies is to manage traffic, and there are different ways to accomplish that. The first thing we'd like to stress is education and law enforcement. Neighborhood speed -watch programs have been very effective to reduce speeds through increased neighborhood awareness; passive measures, such as signing, striping affects, regulatory signs, landscaping -- whenever we can do anything to narrow the field of vision for drivers on a roadway, that's also effective as a traffic -control measure. And then there's active measures by which we actually physically change the character of a street. We can change the alignment and/or add devices to restrict movement at certain intersections and do -- construct other measures that help improve street safety, livability, and other public purposes. Now, at the end of the day, any type of active measure that we implement, we are required to go through the County. So Miami -Dade County Public Works Department has the ultimate authority and jurisdiction over the traffic control within our City streets. So generally, when we identify the need for a traffic -control measure because of an inquiry from the public, we generally send a formal request to Miami -Dade County Public Works and they initiate a traffic study, and we'll talk about what goes into that traffic study. And basically, the results of the study are the basis of the recommendations and the decisions that Miami -Dade County Public Works will take. So generally, there's criteria that has to be met. And meeting one of those thresholds means that the control device is warranted. And so once it's warranted and approved by Miami -Dade County Public Works, the City can move forward to design and implement the traffic -control device. And we try to strike a balance as to how many of these are implemented because generally they require more maintenance than a street that does not have traffic -control features in it. So general considerations, we'll look at the existing geometry of a street to see if there's sufficient right-of-way, if there's conflict with utility poles, et cetera. We'd look at the traffic results. We also make sure that we can address pedestrian safety and address ADA (Americans with Disabilities Act) features as part of our project. And we have to go through a concurrence City ofMiami Page 71 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 process. As I mentioned, Miami -Dade County Public Works. We have to coordinate with Fire, Police, Solid Waste if it's an issue that's going to potentially affect the traffic flow on the street; and we also take other considerations into effect, such as loss of on -street parking, et cetera, in residential areas. Now a traffic -control device can be installed on a local street residential. We have residential local and residential collector. And these are streets generally that have a traffic volume of less than 8,000 vehicles per day. And the traffic study that we talked about before, what they'll focus on is the amount of speeding on the street. So they'll conduct a traffic study and they'll determine the 85th percentile, so that's the speed at which 85 percent of the traffic volume is traveling below that street. So let's say it's a residential street. The speed limit might be 25. If more than the -- if the 85th percentile speed is 10 miles an hour or more over the posted speed, then a traffic -calming device is warranted. So if you have a street where the posted speed limit is 25 miles per hour, but 85 -- the 85th percentile is at 35 miles per hour or greater, then a traffic -control device is warranted. We also look at the number of accidents that have occurred on the street that could be avoided as a result of a traffic -control device. On a local street, less than 3, 000 vehicles per day, there have to be at least 3 preventable accidents. If it's less than 8,000 vehicles per day, there have to be at least 6 preventable accidents. And they also look at cut -through traffic volumes on a local street. If it's 25 percent or more during rush-hour is cut -through traffic, then a device is warranted. If it's 50 percent or more on a residential collector, then a traffic -control calming device is warranted. In the case of installing a traffic circle or speed bumps, we also -- Miami -Dade County Public Works conducts a process of sending out ballots to the residents (UNINTELLIGIBLE) streets. So two-thirds of the residents on the street have to return positive ballots, and in the case of a circle or a speed bump -- hump, the four adjoining property owners have to sign a document of concurrence for the installation of the device to occur. So there's also minimum criteria for the length of the street where -- for the example in the case of a speed bump -- hump where that could be located in proximity to an intersection, et cetera. So we go through the geometric criteria, the traffic criteria, and then after it meets all that criteria, then we can consider implementation of a device. We also collected some traffic -- a typical cost data so we can compare the different devices. And in the case of a 24-foot-diameter circle, the average price that it's been costing us to implement a traffic circle is $90, 000. For a 32-diameter circle, it's 130, 000. For a 36-foot-diameter circle, it's 150, 000. For a 40 foot diameter, $165, 000. In the case of the speed humps, it varies, depending on the location, the width of the street; could be as low as 12,000 up to $20, 000. So once again, we coordinate with our Public Works Department as well to determine what the impacts to their maintenance costs will be in the long run. So sorry I never got the PowerPoint up. Commissioner Gort: Mr. Chairman. Ms. Bravo: Are there any questions? Chair Sarnoff. Commissioner Gort's recognized for the record. Commissioner Gort: I have a few questions, and this goes before you. I have several streets that I requested the speed bump. My understanding is Public Works had to conduct a analysis, which they never did. Andl can assure you, I've seen a lot of the circles in certain areas that can tell you that traffic is not there. So I don't know who does the counting, what they do, butt have a problem within the Farmer's Market on 23rd Street. The gentleman is willing to put his own -- he pay for it, speed bump, or he will put it in. The problem is they haven't done their research yet, and the problem is that you have these trucks going by 50, 40 miles an hour; and those trucks are ruining our roads there. At the same time, they're very dangerous 'cause you got cargo trucks going in and out of the different places there. So you're going to get a few requests from my office, which we already done in the past, but I don't know who conducts the study; Miami -Dade County? Ms. Bravo: We'll send a request to Miami -Dade County Public Works. City ofMiami Page 72 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Gort: 'Cause one of -- Ms. Bravo: And that's what initiates it. Commissioner Gort: -- the things that I requested from Miami -Dade County, they studied every circle that we have already. I'd like to see that study that was performed for a lot of those circles that I've seen. At the same time, the cost is $160, 000, but what's the cost of maintenance? 'Cause if you don't maintain it, they're going to look very bad. Ms. Bravo: Right. Commissioner Gort: I'd like to get that. Ms. Bravo: The numbers that we have from our Public Works Department is that each traffic circle incurs an additional maintenance cost of 1,200 to $1,400 a year. Commissioner Gort: Twelve hundred? Ms. Bravo: To $1, 400 a year? Commissioner Gort: A year. Okay. Ms. Bravo: And that's providing for maintenance on a biweekly basis. Many of our traffic circles have some type of landscaping or brick pavers that has weeds coming up, et cetera, so it does require some periodic maintenance. Commissioner Gort: Thank you. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I've spoken a lot with Ms. Bravo and Mr. Martinez on this issue. This is something that's very near and dear to my heart in terms of objectives for my district, aside from flooding, which is a big concern in the district. Having a district and neighborhoods where people can walk, where they can ride bike, and where the cut -through traffic is minimized, and the people who cut through understand that they're in a residential neighborhood and they have to slow down. It's a quality of life issue. I think all our residents in the City ofMiami deserve it. I don't think it's a neighborhood -- it's shouldn't be neighborhood -specific; it should be universal. It's something that I will fight hard for every day. And it goes to -- I brought up this issue before not only of you know, where we're going to get the money to continue to implement traffic -calming devices throughout the district once our bond money runs out, something that we have to look at in the next year or two or three years to maintain a steady flow of dedicated resources because there's still a long way to go in my district. I don't know about some of the other Commission districts, but in my district there's still a ways to go before we have all our neighborhoods feeling like they are, you know, a residential neighborhood and where we're discouraging drivers from cutting through at excessive rates of speed to try to save a minute. So I commend you guys for putting this presentation together because I think it very much simplifies it. It makes it into one document that we can carry with us, and any time we get a question from a resident, we have something that we can refer to. Thank you for being proactive as well because a lot of times, you know, you do things in response, but the fact that you guys are being proactive is something that I very much appreciate. I just want to tell the FDOT (Florida Department of Transportation) people who are here that we're not giving back Mr. Martinez and Ms. Bravo. We're very happy with them, okay. So thank you very much. City ofMiami Page 73 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 DI.2 10-01220 Miami Parking Authority Commissioner Gort: I don't think they want to go back. They're enjoying the fun in here. Chair Sarnoff. Any other Commissioners have any other comments or questions? All right, Mr. Mayor, thank you for bringing that to our attention. DISCUSSION ITEM DISCUSSION TO CONDUCT FURTHER REVIEW OF THE DEPARTMENT OF OFF-STREET PARKING FISCAL 2011 OPERATING BUDGET. 10-01220 Off Street Parking Memos.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, 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, Mr. Mayor, you're recognized for D2 [sic], I believe. Mayor Tomas Regalado: Thank you, Mr. Chairman. D1.2 [sic] was something that the Commission asked to be placed in the agenda last meeting, and it was an oversight and it's been placed in this agenda. It's at the pleasure of the City Commission to further review the Department of Off -Street Parking, the 2011 operating budget that was approved by the Commission during the budget process. I believe that the Vice Chairman wanted to make some comments or have some questions. Andl don't know what is the pleasure of the City Commission at this time, but I will follow whatever is your desire. Chair Sarnoff. Mr. Vice Chair, you're recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. In all fairness, actually, I don't even know if it's even come up whether we're going to defer any items or not or so forth. I will not defer this item only because, you know, as a courtesy to all of you, you may have some questions. I honestly -- I think the executive director from the Parking Authority and my schedules weren't -- didn't combine, where we missed each other and think, more than anything, was more on my part, and we just didn't get a chance to really sit down and go through the numbers and so forth. However, I know other issues have been, you know, raised and so forth, and don't know if anyone else would like to ask him with regards to that. As far as with me, I definitely reserve the right to further review this, but right now I am -- I'm not ready to do that, only because, you know, scheduling conflicts. Thank you. Chair Sarnoff. Any of the other Commissioners want to go through the budget today or could we continue this -- do you want to continue this for the next Commission meeting? Vice Chair Carollo: If everyone's okay with it, sure. Chair Sarnoff. All right, so is there a motion to continue to the next Commission --? Vice Chair Carollo: So move. Chair Sarnoff. We have a motion by the Vice Chair, second by -- Commissioner Gort: Second. Commissioner Suarez: Just want to -- Chair Sarnoff. -- Commissioner Gort, but we will recognize Commissioner Suarez. City ofMiami Page 74 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Suarez: Are we talking about the --? Chair Sarnoff It would be the discussion item concerning the budget of the Miami Parking Authority. Commissioner Suarez: Got it. Okay. Chair Sarnoff Any further --? Commissioner Suarez: Is the Mayor okay with that? Mayor Regalado: It's -- I understand that you have a big agenda, and I understand. I have many questions and have many concerns, but it's at -- Chair Sarnoff Do you want to --? Mayor Regalado: -- the pleasure of the Commission. I don't have any problem in deferring this to the next meeting, so -- Chair Sarnoff Is that all right with you, Mr. Mayor? Mayor Regalado: Yeah. Commissioner Dunn: Yeah. Mayor Regalado: It's fine. Chair Sarnoff All right, so we have a motion, we have a second for continuance to the next agenda. Priscilla A. Thompson (City Clerk): Which would be November 18. Chair Sarnoff Okay. Any further discussion? All right. Vice Chair Carollo: Right. I mean -- Commissioner Suarez: Yeah, it was your discussion item; that's why I asked. Mayor Regalado: No, no. Actually -- Chair Sarnoff You brought it -- Mayor Regalado: -- I -- Chair Sarnoff Right. Mayor Regalado: -- asked the Manager to place it because it was the will of the City Commission to bring it back. And if you were to discuss have discuss it today, I would had had also many questions, same question I will have on November 18, so you know, it -- I don't want to push you because I do know that there is a very heavy agenda and sat where you sit and understand. Like I said, I have many concerns, but we can deal with that on the next meeting. Chair Sarnoff Commissioner Dunn's recognized for the record. City ofMiami Page 75 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Dunn: Yes. I'm trying to figure out, though -- I'll support the deferral, but there was some things I think that should be discussed today. I -- that's my -- but I'll follow the lead and the wishes of my colleagues. But I think maybe we can broach some of the issues. That's what I was thinking. I don't know if it's a way we can do that without -- but still being able to defer it. I think they're in the midst of a lot of reports, media reports. I think it's something that should be discussed, at least on a preliminary basis. That's my feeling. Chair Sarnoff All right. Commissioner Suarez: Mr. Chairman, ifI may. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: I don't have a problem deferring it, you know. I think the Vice Chairman expressed some issues today. I don't have a problem deferring it. I think the media issues that were brought up were brought up, andl think they probably address some of the things that we were going to discuss. It was a pretty detailed article. But if it's the will of the Commission to discuss these things now, I don't have a pro -- I could go either way on it, andl would defer to my colleague who made the motion. And the Mayor says he doesn't have an issue with it. I don't have a problem. Mayor Regalado: I don't have a problem in discussing this. This will be historical. Many information has been put out and has not been challenged by the Authority, so I guess that if we want to do this in the future, I don't have any problem. We'll be here on November 18, so it's whatever. And, Commissioner, thank you very much. I think that there are many issues that should be discussed. They're a part of the public domain anyways, so everybody will make its mind, whether this is fair or not. Like I said, none of the information that has been presented by the media has been challenged, so I don't really see a problem if you all want to do it on November 18. I'll have the same questions that I have today, but maybe we will have much time in November 18. So, Commissioner, thank you and thank you, but don't have a problem if you all defer this. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: I'm just -- I mean, I'll support my colleague, Vice Chair. I have no problem. I'm just figuring out -- andl guess I'll yield to the Clerk. Is it any way that we can at least discuss some of it without it infringing on --? Chair Sarnoff Commissioner Dunn, you're recognized for the record. Please proceed with the amount and the quantity and the quality of what you want to discuss. Commissioner Dunn: I just think in light of the article that -- the articles that have come out, thatl would like to at least get some explanations on some of the issues. That's my personal -- andl'm sure -- maybe there's some other colleagues; if they feel that way. If not, then we'll just go ahead and outright -- is there someone on the -- one of my colleagues that feel similarly, then I would certainly support putting it on the record -- some of it on the record today. Commissioner Gort: Mr. Chairman. Chair Sarnoff You're recognized, Commissioner Gort. Commissioner Gort: My understanding is we've been stating that we have the approval of the budget, and a lot of the -- that we, as a Commissioner [sic], have the say-so on the budget for the Miami Parking System [sic]. My understanding is the reason Vice Chairman Carollo wants to defer it because my understanding he probably like to do the same thing we've been doing with City ofMiami Page 76 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 all the agencies that have come in front of us, go line item by line item budget, which, if we all recall, it takes about two to three hours to do that, andl think that's what he would like to intend to do. Since we have the responsibility to approve their budget and we've been told by everyone that we have the responsibility to approve the budget, I think we need to look at it in detail. And I think the Vice Mayor [sic] has not had the time to -- as an audit [sic], his second position and not only as a Commissioner, but as an audit [sic] to look at the paper and sit down and talk to the people from the Off -Street Parking. So that's why I don't have any problem defer this. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. You're recognized, Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. And I just want to put everything in perspective. A lot of the stuff that will be discussing will be for the coming budget that this Commission has approved; I voted against, but just as a caveat. But that this Commission approved. So a lot of the stuff that I will be discussing will be for the upcoming budget. Now does that mean that a lot of the stuff that been -- that just came out of the media today and it's been coming out would be looked at a little closer in this year's budget? Yes. However, I think it's two separate issues. Something that was done in the past, okay, and it was approved by previous Commissions that did or didn't actually go through the budgets as thoroughly as I think we have, but the bottom line is there's two separate issue [sic]. One is what's coming up in the media, which has been instances in the past and expenses from the past. And one is what our discussion item is really about, which is their coming budget, which has been approved. Again, just for the record, would some of their past practices be looked at a little closer -- actually a lot closer within the detail? Yes. So -- but, again, we had conflicting schedules and so forth and, as you all saw, it could take quite a few hours and we just didn't -- weren't able to meet or so forth, so if you want -- and again, one has nothing to do -- Commissioner Gort: We can discuss -- yeah. Vice Chair Carollo: -- with the other as far as if you want to ask as far as past expenses and so forth, by all means. That's why, you know, I started -- when I started speaking, I said that out of courtesy to all of you, I didn't want to just defer it. I wanted to, you know, run it by you and let you know. But don't think I'm ready to go into the details that have with regards to their full budget. Chair Sarnoff. Commissioner Dunn, you're recognized. Commissioner Dunn: And certainly, I know how thorough and meticulous you are, which I compliment you on publicly, Vice Chairman, but I do remember when -- andl know it's -- you don't want to compare apples with oranges, but do remember when there were issues that were brought out in the media pertaining to the CRA (Community Redevelopment Agency). We did have discussions before we -- and deferrals. And so I, you know, don't see the -- I'm looking for all the cavalry today, but it's amazing, you know, when it -- I'm just saying. I have to say this because -- andl don't see that today, but -- and we're talking about what appears to be some spending that really questionable. I mean, I need some clarity, to some extent, and with respect to the deferral. Vice Chair Carollo: No. Mr. Chairman. Chair Sarnoff. You're recognized. Vice Chair Carollo: And by all means, it's a valid question, andl want to be able to express and show the difference. One is past expenses. These are, you know, supposedly expenses from 2007, expenses from 2008, and so forth, credit card expenses. That's with the Miami Parking City ofMiami Page 77 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Authority. With the CRA, it was actually expenses for the current budget year. In other words, the salary of the executive director for the current budget year that we have to approve. It was the, you know, different expenses for the current budget year, and that's why we went into so much detail and the cavalry was here. What has happened in the past with the Miami Parking Authority is a done deal. They already went to the different areas to eat and have their parties and so forth. That is the past. The only thing we can do is going forward, making sure that it does not occur again. And that was the difference between the CRA and the Miami Parking Authority. Commissioner Dunn: Mr. Chair. Understood. I mean, I understand that. I just know that there were just some concerns because I -- even though it is past, as you stated, it will have an impact on the future, so I just wanted to kind of -- Chair Sarnoff. Commissioner, if you want to get into the past -- I think we're all capable of discussing the past practice. And if you want to get into the past practice, you're more than -- you know, we have -- the director is right there, and you can ask him questions about past practices. I mean -- Commissioner Dunn: Yeah. Chair Sarnoff. -- he submitted to us on October 26 -- or at least that's when I got mine -- a pretty detailed budget background in terms of the expenses, which is the subject of a number of articles. And if you want to get into those and discuss them now, you know, I don't think anyone's going to claim time or any kind of issues like that. So if you want to do that, we can certainly -- as you would say, we could nibble on the cake and we -- Commissioner Dunn: Yes. Chair Sarnoff. -- can finish the cake next week. Commissioner Dunn: Yeah. Let's -- I think we should nibble at least a little bit because, again -- Chair Sarnoff. You're recognized for the record then. Commissioner Dunn: Yes. Chair Sarnoff. And the director, if you would come up. Commissioner Gort: And the Mayor also. Commissioner Dunn: And the May -- and as well as the Mayor. I'm just curious as to what appears to be -- andl won't go item by item because I do want to respect the time. But there seems to be just -- and I'm not the accountant here, but there seems to be an inordinate amount of spending on dining and that kind of thing, and l just -- basically, how is this justified through the --? Because I know for a fact if this had been the CRA, everybody in the world would have been here. Chuck would have wrote [sic] a nice article in the Miami Herald. And so I have to bring these issues up. Because one of the things that I'm going to be about is we're going to do this thing fair. And if it was the CRA, it would be -- the place would be running over with people with banners and signs, people would be contacting the State Attorney's Office, et cetera, and not that I'm trying to impugn anybody's integrity, but let's get some things on the record in terms of why -- you know, we just -- Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. I'm going to let the Vice Chair intercede for a second. City ofMiami Page 78 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Vice Chair Carollo: I just want to say that if you notice -- and if not, go back on the record and see how many times I questioned with regards to meals and so forth of the CRA. Commissioner Dunn: You did. Vice Chair Carollo: Now I think the right time to have done this -- because once again, it's the current budget was when we were going to approve their budget. Commissioner Dunn: Okay. Vice Chair Carollo: And since now is a further review, you know -- I mean, I guess -- and I'm just -- I don't know why the cavalry isn't here and who you're saying the cavalry is, but -- Commissioner Dunn: Well, I think everybody knows. Vice Chair Carollo: -- the bottom line is I think the cavalry, whoever they may be, and everyone else knows that once I start going through their budget, it, you know -- Commissioner Dunn: You're the best, and -- Vice Chair Carollo: -- but -- Commissioner Dunn: -- I'll say that complimentary. Vice Chair Carollo: I don't know about the best, but -- Commissioner Dunn: You are. Vice Chair Carollo: -- I can tell you, once I go through the budget, believe me, we will go line item by line item and see exactly what's there. But the -- realistically, yes. I mean, we went through that with the CRA and that was at the current budget, andl tried to do that -- well, I actually -- we did some. It was just that they needed to get together with me and provide me information and so forth and that's why I didn't feel comfortable voting for it, for their budget. Commissioner Dunn: Okay. What -- my question to Mr. -- Mr. Chair. Chair Sarnoff Yeah. Let me -- Commissioner Dunn: Yeah, go 'head. Chair Sarnoff -- ask you, as a courtesy, yield to Commissioner Suarez. Commissioner Dunn: Okay. I'm -- okay. Go ahead. Chair Sarnoff And I'll get right back to you. Commissioner Suarez: You know, I'd like to yield to Commissioner Dunn, and then I'll make my Chair Sarnoff Fair enough. Commissioner Suarez: -- 'cause I think there's -- Chair Sarnoff Fair enough. City ofMiami Page 79 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Suarez: Okay. Chair Sarnoff Commissioner Dunn, go ahead. Commissioner Dunn: Okay. I just -- I mean -- Mr. Noriega, in all due respect, I just need to know is there a justification for a lot of these spending items, particularly as it relates to dining? I just -- what's the justification for it? And that's a general question, without being specific. Arthur Noriega: The expenses that you're referring to -- and for the record, my name is Art Noriega. I'm the CEO (Chief Executive Officer)/Executive Director/Parking Czar for the Miami Parking Authority. And we have, in past practices -- andl'm going to use that word 'Past" and I want to emphasize that word `past" because as it relates to a reference that Commissioner Carollo made, what's happened in the past, by the way, is very different from what you're being presented with with the current budget, which is part of this discussion, so I want to be very clear with that. In the past the Parking Authority has operated primarily in the mode of a business, okay. And part of those meals and part of what's being scrutinized and was prevalent in the Herald article today were expenses that, for the most part, are -- I would qualf as business development related, okay. But the economic times have changed considerably. A lot of those expenses also were from two and three years ago, okay. In the past two years, our budget -- and that includes the '09 budget, which is a year ago, this past '010 [sic] budget, and inclusive of this '011 [sic] budget, incorporated significant changes in those line items, especially as it relates to our holiday party, especially as it relates to our senior executive retreats; the overall travel and conferences budget has significantly been reduced this year. All of that was done back in July, June and July, way before any of these issues were raised. We did that proactively. Now, as a subsequent evolutionary process part of that, I've had meetings with Commissioner Suarez. I've had meetings with Commissioner Sarnoff. And to some extent, Commissioner Carollo, and I've had feedback from your offices as well. We propose -- we had proposed some additional cuts to the budget through that budget process as it related to payroll. And subsequent to my meeting with Commissioner Suarez earlier in the week, I proposed some additional cuts to some line items that he raised some concern over. The process has worked very well. In fact, my interaction with this body of Commissioners, by the way, as a reference to history, historical fact, has been more than any other elected body I've had to deal with, andl'm going on my llth budget cycle. It's not even close, by the way. So you know, when we talk about the process, when we talk about oversight, and we talk control, the Charter provides very clear language that this Commission, this body of elected officials, has oversight over our budget. Andl'm happy to sit with each and every one of us as often as you'd like. I'll -- I'm happy to get into as much detail as I need to get into, but the practices that are being referenced are no longer in place. Andl'm not -- and it's not just small reductions. It's significant reductions. So we've changed. We know the economics of the City has changed. We've been asked of a lot more in terms of the revenue generation for the City and we complied, andl think that needs to be discussed -- andl thought -- you know, I was happy to sort of get into some of that dialogue today as it relates to our current '010 [sic]/'011 [sic] budget, andl'm happy to sit down with you any time you'd like get into as much detail as you'd like because I think that's very important. I have, throughout my prior ten years in this job, been available to any elected official at any time they've ever asked me. I've never ducked a question and dodged an issue. Responsiveness is something that pride myself on andl'm happy to address any of the issues. The City culturally has changed. Its financial structure has changed. The way it operates as a city has changed. And we're changing with that, andl want to be very clear about that. Commissioner Dunn: Yes, sir. Mayor Regalado: Can I? Chair Sarnoff Mr. Mayor, you're recognized for the record. City ofMiami Page 80 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mayor Regalado: Thank you. I just wanted to comment on what Commissioner Dunn said, and I think it's important. I really believe that the past is the past and the present is the present and the future is the future. But had the CRA spend a tenth of the money that was -- have been presented, all of the CRA board members would have been on the front page every day. Had an elected official spend one -tenth of what those past practices were, it would have been crucified by -- it would have been in trial by the media and public opinion. Much of the information that we have now is because of public record requests and we -- in the past, we did not get a line item, a report. Maybe we weren't diligent enough to do it, and that will be the fault of those of us who were here. But it was very difficult to obtain information of past practice. And on this coming budget, I remember that before the Commission had their say on the budget, the Manager and Larry and us, we requested from them a 5 percent cut, like any other department, and they did comply and came back. Still, we don't know in this budget and I'm -- this is what the Vice Chairman is looking -- whether we have the same practices. Some of the public record requests that we have gotten is from the year 2010; still this year. Some expenses are even on this year, so -- I just want to say for the record that this is not something that we 're doing to make an agency look bad or anything. The facts are the facts. The numbers are the numbers. And because it's run by non politicians, it doesn't attract that much attention, but still it's a public agency. Art has said -- I think he was quoted on today's paper that he understood. It's a public agency and he understood why people had some heartburn and -- because of this, not because of the dinners; because of the information. But I think it's important that everybody understand that this Administration, that this Commission will be doing this with every agency, every department, and next year will be worse because -- it will be worse, so we -- I mean -- and by the way, I just want to say for the record there's been people that are saying, oh, the Mayor is spreading lies on Cuban radio about this. Well, guess what? Everything thatl have said is public record and it has come from the MPA (Miami Parking Authority). So I don't want to participate in this debate. I think that Commissioner Dunn is right in pointing out that this should have -- should this have been a CRA issue of ten years ago, it'll still be investigated by the State Attorney and other entities and the Herald, but you know, I -- it's at will of the Commission, and don't have any problem on discussing this in the next Commission meeting. Chair Sarnoff. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I've -- I took the time and I've drilled down on this budget. The Vice Chairman has actually kind of -- I've learned a lot from him on how far you have to go. The only thing didn't ask for is the names of the people, the servers, you know, or anything like that. But I've gone about as far down and deep as you can go and even prepared a summary of it and everything. I think, you know, we can leave that for another day, as far as discussing a little -- I mean, the items -- the individual items line by line and -- but I think it's important for us to discuss -- or for me to discuss and to get on the record what we discussed in private, which was that since this new Commission and this new Administration has taken office, there is a culture of austerity in the City ofMiami, and the reason why there's a culture of austerity is because there was $105 million deficit and we owe it to our residents, who are the recipients of the money from the Miami Parking Authority -- we owe it to them to make sure that the Authority is being run as efficiently as possible, but we don't only owe it to our residents; we owe it to the employees of the City ofMiami because we had to cut their salaries and their pensions drastically. And in my case, I've had to meet with many of them since those cuts and look at them in the eyes and hear their stories, their specific stories about their families, the sicknesses of their children, the struggles that they have with their health insurance, and so that's a very powerful testimonial for me and it makes me push myself everyday more and more to make sure that every dollar that's spent here or any authority that we control or any entity that we control is spent in a way that is fair for the residents and for the employees of our City. That's something that I wanted to say regardless of whether we got into the details of the budget today. So I actually appreciate the fact that the Commissioner insisted that we discuss this today and, you know, the Mayor, so thank you. City ofMiami Page 81 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Dunn: Mr. Chair. Commissioner Suarez: And one more thing. Commissioner Dunn: Sorry. Commissioner Suarez: I think -- in our discussion, I think, you know, to not just be kind of negative about it, but thinkyou understood that andl thinkyou acknowledged that in your coming budget and you just acknowledged on the record as well you made some changes based on our conversation that you're now seeing things from that same prism. In other words, you are understanding that this culture is drastically different from the one before and that these changes have to be implemented immediately, so I commend you for that. Commissioner Dunn: Mr. Chairman. And l just basically -- andl want you to understand it's not personal. I just want to highlight the disparities of this town, the disparities of the media as it relates -- andl don't know if it's racially motivated. I don't know what it is, but want to put it on the record because it's a different attitude, it's a different scrutinization [sic]. It is, and I'm going to say it because that's what it is, and that's not against you personally -- Mr. Noriega: I take no personal offense to it. Commissioner Dunn: And it's disturbing. And you know, it's a lot of hypocrisy as it relates to a lot of things in this town and I'm going to -- as long as I'm here, I'm going to bring them out because had this been the CRA, as the Mayor said, it would have been in the paper everyday and it would have been running over andl would have had to go down to the State Attorney's Office times ten -- twenty times to try to deal with this, whether it was in the past, present, or the future. So I want to bring that out because, you know, it's almost like it's a double standard, andl don't -- andl appreciate the fact that you're going to be looking at ways, moving forward, in making adjustment, but there is a double standard in this town, especially from the media. Chair Sarnoff Mr. Noriega, let me just say one thing to you. This -- the City ofMiami has chosen to become a laboratory, and those aren't my words. That's really the Mayor's word, andl think he's right about that. This laboratory has decided that we were going to not raise taxes and we were going to force us to live within our means. This is a very fastidious, very exact Commission. The talent level of this Commission -- you're sitting with two lawyers, a CPA (Certified Public Accountant), an investment banker, and thank goodness, a good preacher who, I will tell you, at times made us through -- made it through some very difficult times. And this Commission is going to look at everything in detail because a lot of hard choices were made. And as Commissioner Suarez said, we're not done with those choices. As a matter of fact, I believe we'll be revisiting those choices sometime in November or December, and we're going to face those choices once again. In the interim, he's right. We've had people come to us and make explanations in detailed criteria, explaining how this is going to affect them financially. So the prism, as Commissioner Suarez says, that we look at things is totally different. Now being the bridge, if you will, from the old Commission to this new Commission, it's totally different. I'm sure you get the feel for it. I'm sure that you could see that it's probably not too much paperwork you can inundate this Commission with that will not be read. We rely heavily upon the Vice Chair to do the numbers 'cause that's basically what CPAs do better than anyone. I don't think a lawyer could come in front of this Commission and argue something without two lawyers up here saying doesn't sound right, doesn't smell good. Andl don't think, as an investment banker, somebody could bring an investment vehicle in front of this Commission without Commissioner Gort saying just doesn't make sense. And then, truthfully, with Commissioner Dunn, he has this like what I call 30, 000 foot overview where he has this balancing of fairness test. And if we -- you know, I doubt that there is any corporation in America that looks at things as it did in '06 that it would look at things in '010 [sic]. I bet, Mr. Manager, there's not a bank that would look City ofMiami Page 82 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 at things as they did in '06 and look at them with the same prism in '010 [sic]. And we heard things like -- remember the advertisements on TV (Television). No loan verification -- no income verification loans. That's like saying I'm going to give you money; I have no idea how you're going to pay it back, and that's what got us into the problems that we 're in today. And there was a culture and an attitude in America that invaded everyone, inclusive of government, maybe especially government, but certainly in corporate America, and that was the good times were going to roll forever, and people just loosened their grips on the things that they shouldn't have loosened their grips upon. And that's what history should do for us is teach us how to become better at it. I bet the Manager, if he were to run a bank right now, would run that bank different than he would have run that bank in '05. Fair enough? So I'm not here to fault you. I'm not here to be a significant critic of you. I think fortunately or unfortunately, I think you're going to be judged very shortly. But it is a fastidious Commission. It's a Commission that every time it makes a hard decision, it does so judiciously, cautiously, and it does so looking at the facts. And since I've been up here with this Commission, I don't think it's politicized anything. I think it's done so with some very difficult and very earnest judgments up here and I'm pretty proud to be a part of this Commission. So I guess I would look forward to your next report because we 're going to look at your future budget andl think -- let's just leave it at that. All right. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. You're recognized, Vice Chair. Vice Chair Carollo: Thank you. First of all, I just want to make sure that everyone asked the questions that they originally wanted to, you know, as a courtesy to my colleagues. I just want to make sure because by no means didl want to try to hold back. Andl stated this before; I reserve my right to further review their budget. I just wanted to make sure that it was done in an educated manner. There is not going to be a free ride, so I just want to make that known for the record, that this is not -- that they're going to be receiving afree ride. Actually, if you see from the budget hearing, you saw that there was quite a bit of questions asked. I just think we, you know, need to get into a lot more detail. And realistically -- andl know this has been mentioned already -- but the truth of the matter is what we're seeing here is accountability, you know. This Commission is requesting accountability. It's something that I mentioned during my campaign, thatl will make sure that there will be accountability. I think this whole Commission has really moved forward and there is accountability. So with that said, thank you. Chair Sarnoff. Thank you. All right, thank you, Mr. Noriega. Mr. Noriega: Thank you. Ms. Thompson: Chair, if I might remind you, you do have a motion -- Vice Chair Carollo: Right. Ms. Thompson: -- and a second, but no vote yet. Vice Chair Carollo: To defer. Chair Sarnoff. To defer. I -- Vice Chair Carollo: Right. Chair Sarnoff. Thank you. All right. So gentlemen, a motion and a second to continue this to the next Commission meeting. Ms. Thompson: November 18. City ofMiami Page 83 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnofff. All in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnofff. All right. And Mr. Mayor -- Ms. Thompson: Thank you. Chair Sarnofff. -- I think we're done with your issues. Is that correct? Mayor Regalado: Yes. Chair Sarnofff. Okay. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Sarnofff. All right, we're going to hear PZ.24 and PZ.25, so if you guys want to set up, take a minute to set up. Maria J. Chiaro (Deputy City Attorney): The P&Z (Planning & Zoning) items will proceed as follows. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Any person requesting action from the City Commission must disclose at the commencement or continuance of the hearing on the issue any consideration provided or committed for an agreement to support or withhold objection to the requested action. Before the PZ agenda is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe the request and make its recommendation. The appellant or petitioner will then present the request. The appellee, if applicable, will present its position. Members of the public may be permitted to speak on certain petitions. The petitioner may ask questions of the staff. The appellant or petitioner will be permitted to make final comments. The City ofMiami requires that anyone requesting action as stated before must disclose at the beginning of the hearing any compensation provided to anyone for an agreement to support or withhold objection. Priscilla A. Thompson (City Clerk): Chair, ifI might ask? Chair Sarnofff. You're recognized. Ms. Thompson: Before we get started, may I make -- may I have the interpreters make an announcement -- Chair Sarnofff. Absolutely. Ms. Thompson: -- as to whether or not we need Spanish and/or Creole interpreters for these --? The City Clerk's comments were translated by Spanish interpreter Carlos Iglesias and Creole interpreter Carole Wilson. Ms. Thompson: Chair, ifI might make one other announcement. Chair Sarnofff. Yes, ma'am. Ms. Thompson: We need to let individuals know that if they are speaking on any of the P&Z City ofMiami Page 84 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 items, I do need them to sign in on the speaker sheet, and then we also need to go ahead and administer the oath. Chair Sarnoff. All right. Does everybody understand -- and we don't have to do it all at once -- but you have an obligation to sign the application to actually speak, and we will organize getting that to you. If you want to stay seated, we'll hand it down your particular row. However, she's also going to administer an oath. Everybody is required to take that oath. So, Madam City Clerk, you're recognized. Ms. Thompson: Chair, if we might ask -- I know this is a little different, but if this -- the sergeant at arms can open up the doors; at least people can hear and we could administer that way, or do you rather have them in here? Chair Sarnoff. All right. Well, let's get some cooperation. Can the sergeants sort of get everybody in, if they can? Ms. Thompson: Ladies and gentlemen, if you are here and you are going to speak on any of the P&Z items that are on the agenda, I need you to please stand and raise your right hand so that we can administer an oath. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Chair Sarnoff Thank you. Thank you, Chair. Chair Sarnoff. Thank you, Madam Clerk. All right, let's give everybody ten, twenty seconds to settle down. If you want to go outside, let's go outside. But we're not going to leave the doors open, so get yourself situated. [Later..] Chair Sarnoff. (UNINTET,TIGIBT,F) -- does anything need to be done or can we --? Commissioner Gort: Motion to adjourn. Chair Sarnoff. Hey, I think we have a motion to adjourn. We can -- Vice Chair Carollo: So move -- second. Francisco Garcia (Director, Planning): Could we possibly continue them if that is the case? Chair Sarnoff Sony? Mr. Garcia: Could we possibly continue the remaining items for the next hearing? Chair Sarnoff. I'm not -- Maria J. Chiaro (Deputy City Attorney): You need to continue the next -- the rest of the items to the next agenda. Chair Sarnoff. All right. Commissioner Gort: Yes. Chair Sarnoff. So there's a motion -- is there a motion to continue -- City ofMiami Page 85 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Gort: Let's go. Move. Chair Sarnoff -- PZ (Planning & Zoning) --? Vice Chair Carollo: The remainder of the PZ items. Chair Sarnoff Remainder. Commissioner Dunn: So move. Chair Sarnoff So we have a motion by the Vice Chair, second -- Commissioner Dunn: Second. Chair Sarnoff -- by Commissioner Dunn. All in favor, please say "aye. The Commission (Collectively): Aye. PZ.1 ORDINANCE 08-00166Iu 1 Second Reading 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 PROPERTIES LOCATED AT APPROXIMATELY 3400 GRAND AVENUE; 3435, 3441, 3445 AND 3449 HIBISCUS STREET; 3454, 3441, 3439, 3407, 3460, 3452, 3440 AND 3430 THOMAS AVENUE; AND 3420, 3454 AND 3456 ELIZABETH STREET, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL", EXCEPT WITH TRANSITIONS AS PRESENTED BY THE PLANNING DEPARTMENT AND ATTACHED AS "EXHIBIT B"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-001661u1 Analysis.pdf 08-001661u1 Land Use Maps.pdf 08-001661u1 Aerial Map.pdf 08-001661u1 Application & Supporting Docs.pdf 08-001661u1 Survey.pdf 08-001661u1 Miami -Dade County Public School Cuncurrency.pdf 08-001661u1 CC ExhibitA.pdf 08-001661u1, 08-001661u2, 08-001661u3, 08-001661u4 & 08-001661u5 Exhibit B.pdf 08-001661u1 PZAB Reso.pdf 08-001661u1 CC Legislation (Version 3).pdf 08-001661u1 CC 10-28-10 SR Fact Sheet.pdf 08-001661u1-Submittal-Williams A. Armbrister-Petition Letters.pdf 08-001661u1-Submittal-Lucia Dougherty -Letters of Support.pdf 08-001661u1-Submittal-Williams A. Arrmbrister-Petition Letters 10-28-10.pdf LOCATION: Approximately 3400 Grand Avenue; 3435, 3441, 3445 and 3449 City ofMiami Page 86 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Hibiscus Street; 3454, 3441, 3439, 3407, 3460, 3452, 3440 and 3430 Thomas Avenue; and 3420, 3454 and 3456 Elizabeth Street (Paradise Island Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Paradise Island, LLC, Paradise Island Development Corp., Evelyn Roberts, George and Dazelle Simpson, City of Miami, Christ Episcopal Church, Inc., and Christ Protestant Episcopal Church, Inc., Collectively Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on October 6, 2010 to City Commission by a vote of 7-0. See companion File Ds 08-001661u2, 08-001661u3, 08-001661u4 and 08-001661u5. PURPOSE: This will change the above properties to "Restricted Commercial", except with transitions as presented by the Planning Department and attached as "Exhibit B", for the proposed Grove Village Major Use Special Permit. Motion by Chairman Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez 13220 Chair Sarnoff All right. Tell you what we're going to do. Let's take up the PZ.1 through 5s. So let's take up PZ.1. Francisco Garcia (Director, Planning): As I know you are familiar with these sets of items, I will make a brief presentation and certainly stand by to answer questions. PZ.1 through PZ.5 are companion items. They are land use change applications for a series of blocks along Grand Avenue in Coconut Grove. The particular changes that are proposed are for parcels that are presently -- that presently have a land use designation of single-family residential, and the change would be, generally speaking, to a restricted commercial but with some transitions, as presented to you at the previous meeting and as captioned in the image that you see on the screen. As noted previously, these five items went to the Planning, Zoning andAppeals Board with an original recommendation of denial by the Planning Department. Subsequent to that, there were a number of meetings with the applicant and with some concerned members of the community. And in the end, we have been able to establish that the layout that you see presently there which provides for buffers leading -from the commercial designations along Grand Avenue all the way to single-family residential designations along the buffering parcels along Thomas Avenue and Florida Avenue, this meets with staffs approval for recommenda -- recommendation for approval, as well as the Planning, Zoning andAppeals Board. And this item -- these five items were passed by the City Commission on first reading and this is now before you for second reading. I will then tell you very briefly what the addresses affected are, and with that, my brief presentation and answer any questions. PZ.1 is for properties located along Grand Avenue. The addresses are 3400 Hibiscus Street. The addresses being 3435, 3441, 3445, and 3449; along Thomas Avenue, 3454, 3441, 3439, 3407, 3460, 3452, 3440, and 3330; and along Elizabeth Street, 3420, 3454, and 3456. This will also be known in your package and other materials as the Paradise Island Block. PZ.2 is for properties located at 3380, 3370, and 3340, and Grand Avenue at 3301. In your materials, this is known as Grand Bahama Block also. PZ.3 is for properties located along Hibiscus Street, in particular, the address at 3361, and also Florida City ofMiami Page 87 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Avenue, 3472, 3440, 3422, and 3412, and 3400. This is known as the Nassau Block in the presentation materials you have. PZ.4 includes properties along Thomas Avenue; addresses at 3363, 3353, 3341, 3335, 3325, and 3315, also known as the Abaco Block. And PZ.5, the last of the companion items, is for a property at 3558. This is known as the Freeport Block. I'll happily answer any questions you may have. Chair Sarnoff All right. Let me open up a public hearing. We're going to open a public hearing on PZ. 1 through 5. So anyone from the public wishing to be heard on PZ.1 through PZ.5, please step up. You're recognized. Neil Shiver: Good morning, Commissioners. Neil Shiver, address, 3348 Williams Avenue. Happy birthday, Madam Clerk. I'm speaking out in opposition -- I guess it's PZ. 1 -- of any commercial land use designation crossing over Thomas Avenue. There are several applications here, at least five items. The Planning, Zoning and Appeals Board as well as the Planning Department were consistent at one particular point in recommending denial because you could just look at an aerial atlas and you could see the intrusion at the medium -density commercial designation I think at Christ Episcopal parking lot. What I'm -- what -- let me talk about what I'm for. I'm for and in favor of commercial development on Grand Avenue. I'm for and I'm in favor of expanding commercial designations on properties adjoining Grand Avenue. In other words, I'm in favor of giving the developers additional commercial property in order to improve Grand Avenue. I'm also in favor of a residential buffer running along Thomas and Florida Avenue. In other words, I'm favor with -- I guess my -- I'm in favor of the phase one. Phase one is where they expanded the commercial property line. They had a landscaping buffer. However, on PZ.1 -- I think it's PZ. 1 -- it's unprecedented to allow a commercial designation to cross over Thomas Avenue. That's just a threat. Andl believe that this Commission should require that the developers comply with their parking requirements within the commercial designations adjacent to Grand Avenue. I think what the developers are going to tell you is they need the parking requirements and that's why they want the Christ Church parking lot. The benefits of commercial development are well known. There are a lot of concessions that have been given to Point Group and rightfully so. Peter Gardner is an honorable man. Point Group apparently -- and it appears to be a great developer, but what about the developers that may come after Point Group? How do you deny another developer who may not be so honorable and socially conscious as Peter Gardner, how do you deny him or her when they go to St. Paul Church and say, listen, we'll dump some money in St. Paul's pockets, we'll build you a parking lot. How do you say no? How does St. Paul say no? How do the Commissioners say no to that designation? And so therefore, I will conclude by saying that this is not the best plan. We don't want the project to die. We want Point Group to assist in commercializing Grand Avenue, but the cost of the intrusion that Christ Episcopal Church is a little bit more than we're willing to pay. They can get it done with the additional commercial property there they're getting on Grand Avenue. Thank you. Chair Sarnoff Thank you. All right, next. Andy Parish: Andy Parish, with offices at 103 Grand Avenue. I've been in this community since 1994. Wind and Rain Homebuilders built houses throughout the community for first-time homebuyers. And with the City's help, all those homebuyers, except I think one, are still in their homes, so we're proud of that fact. We also built the first commerc -- office building on Grand Avenue in 50 years, and that's where our offices are. And we've moved since then and renovated two other office buildings from bars. And we're also -- I'm manager of a property at the corners of Grand and Douglas. So I'm very interested in what's going on on Grand Avenue. I was also with Will Johnson and Bob McDonald. A lot of people in the audience here at all the charrettes that Richard Shepherd headed up from the Center of Urban and Community Design, which basically then were translated into Miami 21's vision for the Grand Avenue corridor. And the thingl remember most talking to Richard and with all the community leaders is how hard it is to develop Grand Avenue. It's -- the main problem is the lots aren't very deep. They're very, very shallow and with the parking requirements and setback requirements and all the other City ofMiami Page 88 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 restrictions on a 90-foot-wide lot -- or 90-foot deep lot, the project did get larger and it did go into the Grand -- on the back side on Grand and Thomas as just part of the development. Certainly, Neil realizes that Peter Gardner is the type of developer we've been looking for for all these years. We've had others that came in and you had some before this very Commission wanting to do 14-story buildings on Grand Avenue. And thankfully, the Commissioners, in their wisdom, shot that down. But because this is so difficult to do, Point Group has spent many, many hours meeting with the community leaders and making concessions which they needed to do and certainly, they've worked with the church on the one main intrusion that Neil is talking about because the church is right behind. And if there was going to be an intrusion, that's probably the best place to have it and they have to have parking 'cause parking -- there is no parking on Grand Avenue, especially after it gets redeveloped. So part of what I'm saying to you is because this development project is so difficult that you got to look at it as -- in totality of it and say how much better can it get. And if we delay it, how much more expensive it can get. And as you know, time is money and sometimes projects end up getting dumbed down or not done at all, as we saw on West Brickell for 20 years. It stalled out for 20 years after it got bid to the sky. And that is a property owner on Grand Avenue I am extremely concerned about. I think we need development. You're going to hear from some of my tenants and from other tenants who are starving to death because nobody's stopping. We need this project to go ahead and we can't have it delayed or deferred or even massaged too much more because we need it to go ahead. Andl know this is a very difficult decision. They say hard cases make hard law or whatever the heck it is, but this is a project that needs to go ahead. Andl thank you very much for listening at this late hour. I'm proud of my Commissioners for keeping their nose to the grindstone. Thank you very much. Chair Sarnoff Yes, ma'am. Bennie Chapman: Hello, everyone. My name is Bennie Chapman. I live at 3360 Florida Avenue, in Coconut Grove. I am only here to ask you all please bear with us. See it our way a little bit. It's just that I found out how they're going to do with the two vacant lots that's next to my house. They intend to make that a parking lot. Now you just think about it wherever you live in the middle of your community and all of a sudden the two houses that was next to you is torn down and it becomes a parking lot there. Then I know -- I'm used to the tall buildings in the back of me, the apartment. I've been there a long time. I'm used to those. But now with you just coming on Florida Avenue and making a parking lot, I'm asking you all to think about that and to do us a favor. Get in your cars one day and drive down Florida Avenue and see exactly what we're talking about. Just drive down there and see what we're talking about. Now the changes on Grand Avenue, it's beautiful. I don't mind that. We need some little storefronts and stuff that we used to go to long time ago on Grand and change the scenery and stuff. But leave us alone on Florida Avenue. Don't bring it over on Florida and put the traffic on us. And with changing the zoning and stuff like this, can y'all wait a while and make a decision later on instead of making that decision tonight? I ask y'all, think about it. Help us out, okay? I thank you all. Chair Sarnoff. Thank you. Yes, ma'am. Veronica Wilcox: My name is Veronica Wilcox, and I've been in Coconut Grove for about a year and a couple of months. Andl live on 3669 Thomas Avenue, Apartment 11, Miami, Florida 33133. Well, I want to say thatl think it should continue to be a residential area, duplexes and houses, and it should no land change. That's all I have to say. Good night. Chair Sarnoff. Thank you, ma'am. Yes, sir. You're up. Jihad Rashid: Jihad Rashid, 3628 Grand Avenue. I'm president of Coconut Grove Collaborative. I'm here on behalf of the Collaborative and a group is sponsoring a development on Grand. And on behalf of the Gibson Education and Community Center and the Pinnacle Housing Group, I want to state first thatl think we have a great opportunity here to do much City ofMiami Page 89 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 good. This is something that would not only expand the tax base of the City and revitalize the long neglected infrastructure in this area, and it will provide a handsome profit for the developers but for the reason that this project now includes affordable housing and -- which will cause family stability, which will help those residents access and be prepared for the jobs that this project will create. And that Point Group advisors has demonstrated good faith by including affordable housing in their project in concert with our own community's effort to put forth community housing. I convey my support for this project and ask that this Commission, as we go forward, step up its efforts as a facilitator to effect mixed -income housing. It's important. It is the textbook of community development to effect mixed -income housing. And because affordable housing is a part of it, this tide of revitalization will flow to all the boats for everybody and provide tangible benefits to all sectors. And this is why I am conveying my support for this because everyone can be included in this. And that this Commission adhere to the principles of its own neighborhood development zoning designations and help foster continual (UNINTELLIGIBLE). So this developer has done its part. The community has done its part, and this is important for us to move on with this revitalization. I thank you for accepting my comments. Chair Sarnoff. Thank you. Yes, sir. Edwin Gaitor: Hi. My name is Edwin Gaitor. I'm not going to take up too much of your time, but believe it is time. I'm for this project andl believe that this project should go 'head [sic] and move forward. Mr. Neil Shiver, that I know so well, said some very great points about what also need to be done as well. I think that like I said many times before, if they can all just work this out together, we can all move on, see better things in Coconut Grove and in the West Grove for everybody. Chair Sarnoff. Thank you, Mr. Gaitor. Mr. Gaitor: Good night. Chair Sarnoff. Yes, ma'am. Linda Williams: Good evening or good morning. I'm Linda Williams. I live at 3523 Charles Avenue. My grandparents were the first settlers on Williams Avenue, the street named after that family from the Bahamas, as most streets in West Grove are. I am concerned that the intrusion will cause problems in the future. I'd like to preserve our community as much as possible and wish that you all will do the same. It's difficult. It's very difficult to think that developers can come in and make these kind of drastic changes. It's a massive project. I think too massive right now. We love the idea of new development. We need it, but not into our residential area. Thank you. Chair Sarnoff. Thank you. Ms. Person. Lottie Person: My handsome, Commissioner. My name is Lottie Person. I live at 3111 Plaza Street. I'm here tonight to ask my Commissioner -- andl hope the other Commissioners support him. We need to have something on Grand Avenue. We don't need to, Commissioner, for things to be stalled, nor deferred or anything like that. Mr. Gardner, the Point Group, they have educate us with it, you know, what need to be done and whatnot. They have even had, you know -- even when you want to know something about this project, they come right out and show us everything. So I hope that you all support this because we really need something there, some kind of commercial in Coconut Grove period. Now when I heard that maybe a store would be one of the project, okay, the minute that came out, all of my seniors, they are -- they were so happy about this. My sister on Hibiscus, she sitting there waiting now for the store. So I'm asking, you know, the other Commissioner, please, do not defer. Please, I'm begging you all. We need it. You all know how Coconut Grove look (UNINTELLIGIBLE). Please support. City ofMiami Page 90 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnofff. Thank you, Lottie. Ms. Person: Yeah. Thank you very much. And I'm a little tired tonight. Chair Sarnofff. I know. Thank you, Lottie. Ms. Person: Okay, thank you all. But, please, support this -- Chair Sarnofff. Thank -- Ms. Person: -- project. Chair Sarnofff. You're recognized for the record, sir. William Belinger: William Belinger, Florida Avenue, 3461. Born and raised in Coconut Grove all my life, lived there. You know we've been fighting this fight since 2002/2003; same thing with the Marrero Group. Andl think Mr. Gardner's representing them now. I have paperwork that got in here from 2003 when we were still fighting this same fight. If you would be so kind as to let Mr. Gardner go as high as he want to go on Grand Avenue and just leave the residential sides alone. It's impactful. The traffic is going to kill us. Egress/ingress is going to kill us. I just ask you to preserve our heritage. It's historical. I just please just ask that you help us out. Andl know that they need to continue to go on and push on and do what they need to do to get the project going, but it's too impactful on the residential sides. Andl ask that you please be with us and you can rezone -- and the rezoning of the first two blocks was just for the grocery store in that certain area in those first two blocks. But the grocery store has since moved, and since you rezoned it just for the grocery store, it could also be rezoned back to its original zoning. I just ask that, you know, let the project go on on Grand Avenue, but just leave us alone, please, on the residential sides. And thank you for your time this evening. Chair Sarnofff. Thank you. Anyone else wishing to be heard? Pierre Sands: Pierre Sands, president of Homeowners and Tenants. I know other times I've been asked not to use anecdotes or be too emotional about this thing, but was kind of glad tonight that this went long. I got to sit outside and feel that fresh air, and you know, if I didn't know what the word balmy meant, I know what it means tonight to feel that wind, and what a really nice time. I sat andl talked with Peter Gardner and we reminisced what was in the Grove, what's gone in the Grove. And you know what, I said I'm so grateful to be a part of this and live here. Andl would like to express that we can keep more people in this Coconut Grove to enjoy this jewel. As a president of Homeowners and Tenants, we realize that we do need to have development in Coconut Grove. This is a pretty plan, but you know what, we can do better. I really believe there is a significant need to increase affordable housing in this project, and I'm looking to each member -- each Commissioner because you're going and having to face the very same things that this community is facing. What do you provide for the residents of your community, both property owners and renters? We need to find a way with your help, community's help to make sure that we provide substantial, affordable housing in this project. If we don't do that, it is my belief that this project will have an irreparable and devastating effect on a group of people who cannot afford any more of it. We really have to do something and ensure that all of us get a chance to take in this balmy air and this beautiful Coconut Grove. Again, I would like to reiterate what Mr. Shiver and others who have grown up in this community is a fear that this kind of intrusion would further jeopardize the other streets. The development -- the project there at Williams and Thomas and Hibiscus could further go east or west into the communities. The precedent's already been set that properties were purchased on Florida and Thomas and there are no guarantees to prevent those properties that were residential to go commercial. We don't want that. City ofMiami Page 91 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnofff. I need you to conclude. Mr. Sands: I'm sorry? Chair Sarnofff. I need you to conclude. Mr. Sands: Well, I have a couple few minutes because other folks have allowed me to speak and use their time, and I'm just about done anyway. I want to tell you, Commissioner Sarnoff, I believe you can play a more active and positive role in making sure that these things get done. I know you say a lot of times -- you've said in previous times that this project is going to provide jobs and that people feel good about having a job. But another component of having a job is having a home and job, and that's how you contribute to a community. And please use that great brain of yours and the brains of all these gentlemen here and these gentlemen here in this community because you're going to have to solve this same problem for everyone else. And we place that burden -- it's a wonderful burden to have in order to provide for people. And please do not abandon this opportunity to do that. And in closing, I thank you very much. Chair Sarnofff. Anyone else wishing to be heard? Robert Young: Yeah. Robert Young, 3576 Charles Avenue, approximately three blocks from this proposed development. I don't quite think that the board understands -- or the Commission understands what we're asking for here. There's nobody here that know that has come forward to say that they're against the development of Grand Avenue. What people are against is the intrusion -- the encroachment on the community. And point of fact, I think the board -- this board -- I mean this Commission needs some enlightenment. One block to the left of me is Francis S. Tucker Elementary. I think it's a magnet school now. When the school buses leave Tucker and they come around -- they come right through my community. One block to the south of me is St. Hugh Catholic School. When the people bring their kids to school in the morning, they come down the street thatl live on. They come right through that community. This proposed block will be -- this proposed project will be two blocks, three blocks to the east of me, more traffic. I don't understand how you guys cannot see the burden this is placing on this community. You're asking us to bear an unreasonable burden. I have lived in Coconut Grove for more than 50 years. This has been my home. I can live anywhere. I choose to live in Coconut Grove. It reminds me of that saying that the French said about (UNINTELLIGIBLE) when he wasn't in France and he was in England during most of the war. It's not that he was in France; it's that France was in him. It's not that I was in the Grove; the Grove is in me. I don't -- I'm not going anywhere. I'm not leaving. But you're asking us to bear a very difficult burden. And I'm opposed to the way the project is structured. I know Peter. I met Peter. Peter's a nice guy. He wants to do what's right, but as structured, I have some concerns andl have some problems, and I just think that the board has to understand that we have to do something to alleviate the burden that you're asking us to bear. It's a very difficult burden. I don't think the board really knows that. And I -- that's my -- I think my time is up and that's the end of my comment. But I think you guys need to take that into consideration. Chair Sarnofff. Thank you. Yes, sir. Williams Armbrister: Yes. My name is Williams Armbrister, 3260 Thomas Avenue. And I just want to make one thing known, first of all, that everyone that is in support of this project, none of them have a homestead exemption nor live in the area that is affected that will be impacted by this project. I'm standing here as the representative of 190 signatures. Those are households which total more than 500 individuals that I'm here speaking in behalf of right now. We do not -- those 500 or so people that I'm speaking for do not want intrusion upon the residential community with commercial. They have a plan. They've come here with a plan. I'm offended, first of all, that they would come and maybe -- it looks like they're taking us hostage because they City ofMiami Page 92 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 have the dollars, they have the representation. Just like the people who come here with the gambling machines, the issue that came up today, they come here almost as if they're certain that they can take advantage of this community and not be confronted. I'd like you to confront these people and ask them where's your Plan B. Do you only have one plan to offer these people that have been here for generations that you are sworn to protect, or do you have another plan that would allow Grand Avenue to be developed with not intruding upon the people that you have sworn to protect and serve? That is what I'm asking you for right now, to let them come back with a plan that is appropriate for this community and not lose its atmosphere of community. And I thank you for your time. Chair Sarnofff. Thank you. Anyone else wishing to be heard? All right, public hearing is now closed. Priscilla A. Thompson (City Clerk): Chair, I'm sorry. IfI just might interject because -- I'm sorry. Mr. Armbrister gave us a packet, but he did not mention it, andl need to make sure if he is submitting this into the record. Mr. Armbrister: I'm sorry, yeah. That's the additional households that I'm representing here. Thank you very much. Commissioner Gort: Here's a gentlemen who wants to speak. Richie Cooper: Hi. My name is Richie Cooper, 3817 Florida Avenue. I own some apartments on Grand Avenue, 3606, 3610, 3616, and 3620. And we've been on Grand Avenue for 12 years now. And in the 12 years also is demolition and nothing else. So I hope this -- I hope Point Group get the chance to develop Grand Avenue. With the tenants that have on Grand Avenue, we all tired of looking down Grand Avenue and just see empty lots. So I hope that out of this what Point Group planning to do that we get jobs from it and that y'all let it go ahead so that it can be developed. Thank you. Chair Sarnofff. Thank you. Anyone else from the general public wishing to be heard? Public hearing is now closed. You want to add something? Lucia Dougherty: I just wanted to remind the Commission -- Lucia Dougherty, with offices at 333 Avenue of the Americas -- that if you approve this this evening, we have -- this will not give us any additional rights tomorrow than we have today. We will have to come back to you with the zoning and the Major Use Special Permit. And at that time -- and that's the time we'll work with the Planning Department and Mrs. Chapman to make sure that she is protected and she has a sufficient buffer around her house. We'll work with Mr. Shriver [sic] to ensure that he has the residential that he wants on the -- as opposed to commercial on the rear of the Christ Episcopal. We'll work with Mr. Sands and Mr. Rashid to ensure there's sufficient affordable housing. So this is not the time. This only affords us an opportunity to move forward with the specific plans in the future, and we anticipate they'll be before you in January. Chair Sarnoff All right. Public hearing is now closed. Ms. Dougherty: Andl have 43 additional letters of support. Dr. Horton couldn't be here and Dr. Simpson also had to leave. Ms. Chapman: Well, what do you mean when you say a buffer around the house? What do you mean? Chair Sarnoff All right. Don't -- public hearing is closed. Public hearing is closed, ma'am. You can meet with her -- City ofMiami Page 93 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Ms. Chapman: (UNINTET,T IGIBT ,F) tell me afterwards and let me know (UNINTELLIGIBLE) -- Chair Sarnofff. You can meet with her afterwards. All right. Let me tender the gavel. I'm going to move for PZ.1 to be approved. This is a land use change. I'm going to incorporate all my previous comments that I've made simply because it's very late at night. I' not going to remake them, but there will be covenants and there will be -- at the zoning -- when we do the zoning changes, you'll see the covenants, gentlemen. But to close the door right now will be to not allow -- turn the page. What's the next page for the Grove? Because the Marrero Group owned it before; they did absolutely nothing with it. This man is willing to build. This man is willing to stabilize this neighborhood. This is the best opportunity the Grove has ever had. So I move PZ.1. Vice Chair Carollo: There is a motion by Chairman Sarnoff. Is there a second? Commissioner Dunn: Mr. Chairman. Vice Chair Carollo: Seconded by Commissioner Dunn. Commissioner Dunn: Discussion. Vice Chair Carollo: You're recognized, Mr. Dunn. Commissioner Dunn: First of all, I do want to say to the residents I applaud you for staying out this late -- this early in the morning. I say that sincerely. That's not -- I see seniors here, and) know that that's very challenging. I believe given the statements of Ms. Dougherty and that they would definitely take into consideration the proposal that you proffered in terms of the Florida Avenue side being protected with the buffers, this is a land use change, not a zoning change. And so I feel confident that you will have an opportunity to at least possibly get the best of both worlds. And I'm glad that it's on record on both sides. And l feel that it's a -- it has the potential to be a win -win situation, but I don't take lightly that many of you stayed -- on both sides because you have pretty much support. No one said that they're against this project. I heard no one say that, which is encouraging. And it speaks to the caliber of person that Mr. Gardner is and the opportunities that he can bring for economic development, job creation, and just creating a different Grove, an opportunity for development. And so I feel comfortable with this. I shared some history and I was just sitting there thinking again, and not for no fanfare, but I thought back -- and my father had his first job as an educator at George Washington Carver. My father, Richard Dunn, was a teacher there. And so I have some roots, some ties, and this situation has occurred many times with communities such as ours, such as the Groves, which is -- I've always felt a part of. And so I feel comfortable in supporting the district Commissioner in this and with the understanding that this will come back with the opportunities for your concerns to be factored in. And so I think that's a fair -- as fair as you can get. [Later...] Vice Chair Carollo: Any further discussion? Before we take a vote, I do like to also say that as the Manager was here next to me and we were talking, I was actually letting him know how impressed) was that all of you are here this late at night. I have to be here 'cause it's my job. It's what) asked the voters to let me do, to give me this job, but you all are here voluntarily and it's extremely impressive that at 1:15 in the morning, you're here to let your voices be heard so it's truly impressive and very commendable. With that said, any further discussion? Madam City Attorney, it -- oh, I'm sorry. Commissioner Gort. Commissioner Gort: Just a little statement) made the last time you were here. As a member -- past member of the Gibson Foundation for a long time, I'm aware of the Grove. I know the Grove very well, and I've known all the projects of everyone that wanted to do in Grand Avenue, City ofMiami Page 94 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 all the development that was going to take place in the last 15 years. Nothing has taken place. I think this is a change of land use and it'll be coming back to you all, andl think you'll be able to see an opportunity of improvement that can take in the area. Vice Chair Carollo: Thank you, Commissioner Gort. With that said, Madam City Attorney, if you could please read the ordinance for the record. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. Vice Chair Carollo: Thank you, Madam City Clerk. Commissioner Sarnoff, I just want to veri. Did you open up the public hearing and close it for PZ.1 through 5? Ms. Thompson: Yes. Chair Sarnoff. Correct. Commissioner Gort: Yes. Vice Chair Carollo: Okay, perfect. PZ.2 ORDINANCE 08-001661u2 Second Reading 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 PROPERTIES LOCATED AT APPROXIMATELY 3380, 3370, 3340 FLORIDAAVENUE AND 3301 GRAND AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL", EXCEPT WITH TRANSITIONS AS PRESENTED BY THE PLANNING DEPARTMENT AND ATTACHED AS "EXHIBIT B"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 95 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 08-001661u2 Analysis.pdf 08-001661u2 Land Use Maps.pdf 08-001661u2Aerial Map.pdf 08-001661u2Application & Supporting Docs.pdf 08-001661u2 Survey.pdf 08-001661u2 Miami -Dade County School Concurrency.pdf 08-001661u2 CC ExhibitA.pdf 08-001661u1, 08-001661u2, 08-001661u3, 08-001661u4 & 08-001661u5 Exhibit B.pdf 08-001661u2 PZAB Resos.pdf 08-001661u2 CC Legislation (Version 3).pdf 08-001661u2 CC 10-28-10 SR Fact Sheet.pdf 08-001661u2-Submittal-Williams A. Armbrister-Petition Letters.pdf 08-001661u2-Submittal-Lucia Dougherty -Letters of Support.pdf 08-001661u2-Submittal-Williams A. Arrmbrister-Petition Letters 10-28-10.pdf LOCATION: Approximately 3380, 3370, 3340 Florida Avenue and 3301 Grand Avenue (Grand Bahama Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Grand Bahama LLC, Twyman E. Bentley, Jr., and Jarrette Bay Investments Corp., Collectively Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on October 6, 2010 to City Commission by a vote of 7-0. Also, recommended approval to City Commission to consider the transition from the "Restricted Commercial High Density" to "Medium Density" and ultimately "Restricted Commercial Low Density" fronting Florida Avenue, as stated in the applicant's Letter of Intent, dated September 22, 2010, by a vote of 5-2. See companion File Ds 08-001661u1, 08-001661u3, 08-001661u4 and 08-001661u5. PURPOSE: This will change the above properties to "Restricted Commercial", except with transitions as presented by the Planning Department and attached as "Exhibit B", for the proposed Grove Village Major Use Special Permit. Motion by Chairman Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez 13221 Note for the Record: Please refer to item PZ.1 for minutes referencing item PZ.2. Vice Chair Carollo: PZ.2, is there a motion? Chair Sarnofff. I'll make a motion. Commissioner Dunn: Second. Vice Chair Carollo: Motion by Chairman Sarnoff, seconded by Commissioner Dunn. Any discussion? Hearing no discussion, Madam City Attorney, if you could please read the City ofMiami Page 96 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 ordinance for the record. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. Vice Chair Carollo: Thank you, Madam City Clerk. PZ.3 ORDINANCE Second Reading 08-001661u3 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 PROPERTIES LOCATED AT APPROXIMATELY 3361 HIBISCUS STREET; AND 3472, 3440, 3422, 3412 AND 3400 FLORIDA AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL", EXCEPT WITH TRANSITIONS AS PRESENTED BY THE PLANNING DEPARTMENT AND ATTACHED AS "EXHIBIT B"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-001661u3 Analysis.pdf 08-001661u3 Land Use Maps.pdf 08-001661u3Aerial Map.pdf 08-001661u3Application & Supporting Docs.pdf 08-001661u3 Survey.pdf 08-001661u3 Miami -Dade County School Concurrency.pdf 08-001661u3 CC ExhibitA.pdf 08-001661u1, 08-001661u2, 08-001661u3, 08-001661u4 & 08-001661u5 Exhibit B.pdf 08-001661u3 PZAB Resos.pdf 08-001661u3 CC Legislation (Version 3).pdf 08-001661u3 CC 10-28-10 SR Fact Sheet.pdf 08-001661u3-Submittal-Williams A. Armbrister-Petition Letters.pdf 08-001661u3-Submittal-Lucia Dougherty -Letters of Support.pdf 08-001661u3-Submittal-Williams A. Arrmbrister-Petition Letters 10-28-10.pdf LOCATION: Approximately 3361 Hibiscus Street; and 3472, 3440, 3422, 3412 and 3400 Florida Avenue (Nassau Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village LLC, Applicant/Developer, GV Nassau LLC, Nassau Development of Village West Corp. and George A. and Dazelle Simpson, Collectively Owners FINDING(S): City ofMiami Page 97 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on October 6, 2010 to City Commission by a vote of 7-0. Also, recommended approval to City Commission to consider, as per the Letter of Intent of the applicant, dated September 22, 2010, where there is a transition from the "Restricted Commercial High Density" to "Medium Density" and ultimately "Restricted Commercial Low Density" fronting Florida Avenue, by a vote of 5-2. See companion File IDs 08-001661u1, 08-001661u2, 08-001661u4 and 08-001661u5. PURPOSE: This will change the above properties to "Restricted Commercial', except with transitions as presented by the Planning Department and attached as "Exhibit B", for the proposed Grove Village Major Use Special Permit. Motion by Chairman Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez 13222 Note for the Record: Please refer to item PZ.1 for minutes referencing item PZ.3. Vice Chair Carollo: Moving on to PZ.3, is there a motion? Chair Sarnoff So move. Commissioner Dunn: Second. Vice Chair Carollo: Motion by Commissioner Sarnoff, seconded by Commissioner Dunn. Any discussion? Hearing no discussion, Madam City Attorney, if you could please read the ordinance for 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 adopted on second reading, 4-0. Vice Chair Carollo: Thank you, Madam City Clerk. PZ.4 ORDINANCE Second Reading 08-001661u4 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 PROPERTIES LOCATED AT APPROXIMATELY 3363, 3353, 3341, 3335, 3325 AND 3315 THOMAS AVENUE, MIAMI, FLORIDA, FROM City ofMiami Page 98 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 "SINGLE-FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL", AS PRESENTED BY THE PLANNING DEPARTMENT AND ATTACHED AS "EXHIBIT B"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-001661u4 Analysis.pdf 08-001661u4 Land Use Maps.pdf 08-001661u4Aerial Map.pdf 08-001661u4Application & Supporting Docs.pdf 08-001661u4 Survey.pdf 08-001661u4 Miami -Dade County School Concurrency.pdf 08-001661u4 CC ExhibitA.pdf 08-001661u1, 08-001661u2, 08-001661u3, 08-001661u4 & 08-001661u5 Exhibit B.pdf 08-001661u4 PZAB Resos.pdf 08-001661u4 CC Legislation (Version 3).pdf 08-001661u4 CC 10-28-10 SR Fact Sheet.pdf 08-001661u4-Submittal-Williams A. Armbrister-Petition Letters.pdf 08-001661u4-Submittal-Lucia Dougherty -Letters of Support.pdf 08-001661u4-Submittal-Williams A. Arrmbrister-Petition Letters 10-28-10.pdf LOCATION: Approximately 3363, 3353, 3341, 3335, 3325 and 3315 Thomas Avenue (Abaco Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Abaco, LLC, George and Dazelle Simpson, Sheila Bullard and Stirrup Properties, Inc., Collectively Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on October 6, 2010 to City Commission by a vote of 7-0. Also, recommended approval to City Commission to consider, as per the Letter of Intent of the applicant, dated September 22, 2010, requesting that the Comprehensive Plan amendment along the south side of Grand Avenue proposes to expand the existing "Restricted Commercial High Density", which fronts Grand Avenue and transition to "Restricted Commercial Medium Density", by a vote of 6-1. See companion File Ds 08-001661u1, 08-001661u2, 08-001661u3 and 08-001661u5. PURPOSE: This will change the above properties to "Restricted Commercial', as presented by the Planning Department and attached as "Exhibit B", for the proposed Grove Village Major Use Special Permit. Motion by Chairman Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez 13223 Note for the Record: Please refer to item PZ.1 for minutes referencing item PZ.4. Vice Chair Carollo: Moving on to PZ.4, is there a motion? City ofMiami Page 99 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff So move. Commissioner Dunn: Second. Vice Chair Carollo: Motion by Commissioner Sarnoff, seconded by Commissioner Dunn. Any discussion? Hearing no discussion, Madam City Attorney, if you could please read the ordinance for 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 adopted on second reading, 4-0. Vice Chair Carollo: Thank you, Madam City Clerk. PZ.5 ORDINANCE Second Reading 08-001661u5 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 3558 FLORIDAAVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL", EXCEPT WITH TRANSITIONS AS PRESENTED BY THE PLANNING DEPARTMENT AND ATTACHED AS "EXHIBIT B"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-001661u5 Analysis.pdf 08-001661u5 Land Use Maps.pdf 08-001661u5Aerial Map.pdf 08-001661u5Application & Supporting Docs.pdf 08-001661u5 Survey.pdf 08-001661u5 Miami -Dade County School Concurrency.pdf 08-001661u5 CC ExhibitA.pdf 08-001661u1, 08-001661u2, 08-001661u3, 08-001661u4 & 08-001661u5 Exhibit B.pdf 08-001661u5 PZAB Resos.pdf 08-001661u5 CC Legislation (Version 3).pdf 08-001661u5 CC 10-28-10 SR Fact Sheet.pdf 08-001661u5-Submittal-Williams A. Armbrister-Petition Letters.pdf 08-001661u5-Submittal-Lucia Dougherty -Letters of Support.pdf 08-001661u5-Submittal-Williams A. Arrmbrister-Petition Letters 10-28-10.pdf LOCATION: Approximately 3558 Florida Avenue (Freeport Block) [Commissioner Marc David Sarnoff - District 2] City ofMiami Page 100 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village LLC, Developer, GV Freeport LLC, Contract Purchaser and Edna and Thomas Dermeritte, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on October 6, 2010 by a vote of 7-0. Also, recommended approval to City Commission to consider, as per the Letter of Intent of the applicant, dated September 22, 2010, requesting that the Comprehensive Plan amendment include along the north side of Grand Avenue to expand the existing "Restricted Commercial High Density", which fronts Grand Avenue, and transition from the "Restricted Commercial High Density" to "Medium Density" and ultimately "Restricted Commercial Low Density" fronting on Florida Avenue; furthermore, the south side of Grand Avenue proposes to expand the existing "Restricted Commercial High Density", which fronts on Grand Avenue and transition to "Restricted Commercial Medium Density", by a vote of 7-0. See companion File Ds 08-001661u1, 08-001661u2, 08-001661u3 and 08-001661u4. PURPOSE: This will change the above property to "Restricted Commercial', except with transitions as presented by the Planning Department and attached as "Exhibit B", for the proposed Grove Village Major Use Special Permit. Motion by Chairman Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez 13224 Note for the Record: Please refer to item PZ.1 for minutes referencing item PZ.5. Vice Chair Carollo: Moving on to PZ.5, is there a motion? Chair Sarnoff So move. Commissioner Dunn: Second. Vice Chair Carollo: Motion by Commissioner Sarnoff, seconded by Commissioner Dunn. Any discussion? Hearing no discussion, Madam City Attorney, if you could please read the ordinance for 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 adopted on second reading, 4-0. Vice Chair Carollo: Thank you, Madam City -- Lucia Dougherty: Thank you very much. City ofMiami Page 101 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 PZ.6 ORDINANCE Second Reading 10-01095Iu 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 PROPERTIES LOCATED AT APPROXIMATELY 3629 AND 3645 NORTHWEST 21 ST COURT, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-010951u Analysis.pdf 10-010951u Land Use Maps.pdf 10-010951u Aerial Map.pdf 10-01095lu Application & Supporting Docs.pdf 10-010951u Surveys.pdf 10-010951u & 10-01095zc ExhibitA.pdf 10-010951u PZAB Reso.pdf 10-010951u CC Legislation (Version 3).pdf 10-010951u CC 10-28-10 SR Fact Sheet.pdf LOCATION: Approximately 3629 and 3645 NW 21st Court [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Tony Recio, Esquire, on behalf of Maricela Perez and Rolando Arzola, Owners and PHG Holdings, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on October 6, 2010 by a vote of 7-0. See companion File ID 10-01095zc. PURPOSE: This will change the above properties to "General Commercial". Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez 13199 Chair Sarnoff All right. I am told that PZ.6 is going to be simple, so we're going to start at PZ.6. We're going to get some sort of pace going. You're recognized for the record. Francisco Garcia (Director, Planning): Thank you, sir. PZ.6 and PZ.7 are companion items. They are a zoning amendment and a land use amendment for property at Northwest 21 st Street -- I'm sorry, Northwest 21 st Court. The number is 3629 and 3645. The original recommendation City ofMiami Page 102 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 from the Planning Department was for denial. And when it went to the Planning, Zoning and Appeals Board, their recommendation too was for denial. However, they were in support of the intent of the application, which is intended for affordable housing use. At that time, the applicant was not able to proffer a covenant; however, since then they have. And the covenant contains the very conditions we were looking for, which actually address the fact that should the property not be developed as affordable housing, then the property shall revert back to the original land use and that suits us very nicely. That's all I have by way of presentation. I'll answer any questions you may have. Chair Sarnofff. All right. Let me open up a public hearing. Is there anyone from the public wishing to be heard on PZ. 6? Hearing none, seeing none, coming back to the Commission. Commissioner Gort's recognized. Commissioner Gort: This is second reading. Move it. Chair Sarnofff. All right. We have a motion by Commissioner Gort, 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 Deputy City Attorney Maria J. Chiaro. 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 adopted on second reading, 4-0. PZ.7 ORDINANCE Second Reading 10-01095zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 20, OF THE ZONING ATLAS OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 5, SPECIFIC TO ZONES, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L" URBAN CENTER CORE TO "T6-8-O" URBAN CORE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3629 AND 3645 NORTHWEST 21 ST COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-01095zc Analysis. pdf 10-01095zc Miami 21 Map.pdf 10-01095zcAerial Map.pdf 10-01095zcApplication & Supporting Docs.pdf 10-01095zc Surveys.pdf 10-010951u & 10-01095zc ExhibitA.pdf 10-01095zc PZAB Reso.pdf 10-01095zc CC Legislation (Version 3).pdf 10-01095zc CC 10-28-10 SR Fact Sheet.pdf LOCATION: Approximately 3629 and 3645 NW 21st Court [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Tony Recio, Esquire, on behalf of Maricela Perez and Rolando Arzola, Owners and PHG Holdings, LLC, Contract Purchaser City ofMiami Page 103 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 PZ.8 FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: An effective denial (failed for a lack of motion) on October 6, 2010, the vote failed for a lack of a motion. See companion File ID 10-010951u. PURPOSE: This will change the above properties to "T6-8-O" Urban Core. The applicant will proffer a covenant for these properties. Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez 13214 Note for the Record: Please refer to item PZ. 6 for minutes referencing item PZ.7. Chair Sarnofff. PZ.7. Francisco Garcia (Director, Planning): PZ.7 was the companion item, and that is the zoning change. It is this one that should contain reference to an accepted covenant as proffered by the applicant, if you should so wish. Chair Sarnofff. Is there a voluntary covenant, Mr. Applicant? Tony Recio: Yes, there is. Chair Sarnofff. No arm twisting? Mr. Recio: No arm twisting. Chair Sarnofff. All right. Let me open up to a public hearing. Anyone from the general public wishing to be heard on PZ.7, please step up. Hearing none, seeing none, coming back to the Commissioner -- Commission. Commissioner Gort's recognized. Commissioner Gort: Move it. Commissioner Dunn: Second. Vice Chair Carollo: Second. Chair Sarnofff. Motion by Commissioner Gort, second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, 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, 4-0. ORDINANCE Second Reading City ofMiami Page 104 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 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 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 Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez 13215 Chair Sarnoff All right, PZ.8. Tony Recio: Thank you. Francisco Garcia (Director, Planning): Items PZ.8 and PZ.9 are also companion items. They are a land use change and a zoning change for a property located at 3372 Northwest 17th City ofMiami Page 105 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Avenue. The land use change proposed is from major institutional public facilities to restricted commercial, and the zoning designation would change from GI (Government/Institutional) to T6-8 O. This is a second reading. The staffs recommendation is for approval, and the Planning, Zoning and Appeals Board also recommended approval for these items. Chair Sarnoff All right. Let me open up a public hearing. Is anybody from -- wishing to be heard in the general public on PZ.8? Hearing none, seeing none, the public hearing is now closed. Commissioner Gort's recognized for the record. Commissioner Gort: Second reading, I move it. Commissioner Dunn: Second. Vice Chair Carollo: Second. Chair Sarnoff Motion by Commissioner Gort, second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, 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, 4-0. PZ.9 ORDINANCE 10-00665zc 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 "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, City ofMiami Page 106 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 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 10-006651u. PURPOSE: This will change the above property to "T6-8 0" Urban Core Zone Open. Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez 13216 Chair Sarnoff All right, PZ.9. Francisco Garcia (Director, Planning): PZ.9 is the accompanying zoning change that I described previously. Chair Sarnoff All right. Let me open up a public hearing. Anybody from the general public wishing to be heard on PZ.9, please step up. Hearing none, seeing none, the public hearing is now closed. Commissioner Gort's recognized for the record. Commissioner Gort: Move it. Commissioner Dunn: Second. Vice Chair Carollo: Second. Chair Sarnoff Motion by Commissioner Gort, second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, 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, 4-0. PZ.10 ORDINANCE 10-01011 Iu Second Reading 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 PROPERTIES LOCATED AT APPROXIMATELY 1960 AND City ofMiami Page 107 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 2000 SOUTHWEST 24TH STREET, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-010111u Analysis.pdf 10-010111u Land Use Map - Existing.pdf 10-010111u Land Use Map - Proposed.pdf 10-010111u Aerial Map.pdf 10-010111u PZAB Reso.pdf 10-010111u & 10-01011zc ExhibitA.pdf 10-010111u CC Fully -Executed Legislation (Version 2).pdf 10-010111u CC 10-28-10 SR Fact Sheet.pdf LOCATION: Approximately 1960 and 2000 SW 24th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 15, 2010 by a vote of 9-0. See companion File ID 10-01011 zc. PURPOSE: This will change the properties to "Public Parks and Recreation". Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez 13217 Chair Sarnoff All right, PZ.10. Francisco Garcia (Director, Planning): PZ.10 and PZ.11 are also companion items. They are a land use change and a zoning change for properties located at 1960 and 2000 Southwest 24th Street. The City is the applicant, and the change would take place from single-family residential to public parks and recreation as pertains to the land use, and from T3 R to civic space as pertains to the zoning. Your Planning Department recommends approval, and the Planning, Zoning and Appeals Board also recommended approval. Chair Sarnoff All right. Let me open it up to a public hearing. Anybody wishing to be heard on PZ.10, please step up. Hearing none, seeing none, coming back to the Commission. Would somebody make a motion on behalf of Commissioner Suarez? Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. City ofMiami Page 108 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 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, 4-0. PZ.11 ORDINANCE Second Reading 10-01011 zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 56 OF THE ZONING ATLAS OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ARTICLE 5 "SPECIFIC TO ZONES", BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN TRANSECT ZONE TO "CS" CIVIC SPACE ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1960 AND 2000 SOUTHWEST 24TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-01011 zc Analysis. pdf 10-01011zc Miami 21 Map - Existing.pdf 10-01011zc Miami 21 Map - Proposed.pdf 10-01011zcAerial Map.pdf 10-01011 zc PZAB Reso.pdf 10-010111u & 10-01011zc ExhibitA.pdf 10-01011zc CC Fully -Executed Legislation (Version 2).pdf 10-01011zc CC 10-28-10 SR Fact Sheet.pdf LOCATION: Approximately 1960 and 2000 SW 24th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 15, 2010 by a vote of 9-0. See companion File ID 10-01011 lu. PURPOSE: This will change the above properties to "CS" Civic Space Zone. Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez 13218 Chair Sarnoff All right, PZ.12. Priscilla A. Thompson (City Clerk): 11. City ofMiami Page 109 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Vice Chair Carollo: 11. Commissioner Gort: 11. Chair Sarnoff Oh, I'm sorry, 11. Francisco Garcia (Director, Planning): PZ.11 is the accompanying zoning change request. Chair Sarnoff All right. Let me open up a public hearing. Anybody from the public wishing to be heard on PZ.11 ? Hearing none, seeing none, coming back to this Commission. Vice Chair Carollo: Move. Commissioner Dunn: Second. Chair Sarnoff Motion by the Vice Chair, 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 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, 4-0. PZ.12 ORDINANCE 10-01132I u Second Reading 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 PROPERTIES LOCATED AT APPROXIMATELY BETWEEN INTERSTATE 95 AND SOUTHWEST 1ST AVENUE AND BETWEEN WEST FLAGLER STREET AND STATE ROAD 970/DOWNTOWN DISTRIBUTOR, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" WITH A "RIVER QUADRANT RESIDENTIAL DENSITY INCREASE AREA" OVERLAY, AS PRESENTED BY THE PLANNING DEPARTMENT AND ATTACHED AS "EXHIBIT B"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-011321u Analysis.pdf 10-011321u Future Land Use Maps.pdf 10-011321u Aerial Map.pdf 10-011321u Miami -Dade County School Board Concurrency.pdf 10-011321u ExhibitA.pdf 10-011321u Exhibit B.pdf 10-011321u PZAB Reso.pdf 10-011321u CC Legislation (Version 3).pdf 10-011321u CC 10-28-10 SR Fact Sheet.pdf City ofMiami Page 110 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 LOCATION: Approximately Between Interstate 95 and Southwest 1st Avenue and Between W Flagler Street and State Road 970/Downtown Distributor [Commissioner Richard P. Dunn II - District 5] 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 October 6, 2010 by a vote of 7-0. PURPOSE: This will expand the "River Quadrant Residential Density Increase Area", as presented by the Planning Department and attached as "Exhibit B", to the area described above. Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez 13219 Chair Sarnoff PZ.12. Francisco Garcia (Director, Planning): PZ.12 is a land use change proposal. The applicant is the City ofMiami, and the area affected is an area in downtown, approximately bounded by 1-95 and Southwest 1st Avenue, between West Flagler Street and State Road 970. The overall effect would be to change the density for three blocks in downtown Miami from a density of 150 units per acre to 550 units per acre. Your Planning Department recommends approval, and the Planning, Zoning and Appeals Board also recommends approval. Chair Sarnoff All right. Is anyone from the general public wishing to be heard on PZ.12? Hearing none, seeing none, coming back to the Commission. Commissioner Dunn: Mr. Chair. Chair Sarnoff Commissioner Dunn's recognized for the record. Commissioner Dunn: Move it, please. Chair Sarnoff Motion by Commissioner Dunn -- Vice Chair Carollo: Second. Chair Sarnoff -- second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, 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. City ofMiami Page 111 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 PZ.13 10-00845zt Ms. Thompson: The ordinance has been adopted on second reading, 4-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVALS FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", TO CREATE A NEW DIVISION, 7, ENTITLED "INTERIM FENCING FOR VACANT OR UNIMPROVED LOTS", 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 SR 11-18-10 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. 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 Vice Chairman Carollo, seconded by Commissioner Dunn II, 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. PZ.13 continued or is that still on the agenda? Francisco Garcia (Director, Planning): No. PZ.13 continues on the agenda. Given the late hour, Mr. Chairman and Commissioners, we would like to offer for your consideration the withdrawal of a number of items that remain on the agenda so that we may hear those that will require additional public hearing. Those would include -- Chair Sarnoff. If we're going to bring them back to the next Commission, I'd just as soon get them done, unless -- 'cause it doesn't seem like there's a lot of controversy to these. Mr. Garcia: There shouldn't be. No, sir. Chair Sarnoff. All right, so let's just do PZ.13. Mr. Garcia: Very well. I will then yield to the Zoning Administrator who will present the item to you. Barnaby Min (Administrator): Barnaby Min, with the Office of Zoning. PZ.13 is an amendment to Chapter 62 to allow for temporary interim fencing of vacant lots. It's here for a second reading. City ofMiami Page 112 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff All right. Is there anyone wishing to be heard from the general public on PZ.13? Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Gort, second by the -- Commissioner Dunn. My problem with this, Mr. Min, is I can't support this with chain -link fence. I'm not prepared to put chain -link fence up around this City, and it may be different for other people, but I will not allow chain -link fence to go up in the downtown urban core. I've been an advocate against it. So this allows, ifI recall correctly, the use of chain -linked fence. Mr. Min: That is correct. Andl know that is a concern that the Chairman has brought up before. And in order to attempt to address the concern, what we've proposed is requiring property owners to -- when they put in a chain -link fence, if that's one of the options they wish to pursue, to put the top bar on top of the chain -link fence to assist in the structure of the fence to ensure that it does remain upright rather than in a poor condition. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Are you okay with that? Chair Sarnoff Actually, I'm not. I mean, chain -link fence gives your city a whole different appearance and a whole different look. I know there's a cost variant, Mr. Vice Chair, andl recognize that. We had talked about putting some landscaping up in front of it, but I suspect you know that landscaping probably won't last for very much longer. I've done a pretty good survey across the City, andl think our biggest problem, quite frankly, gentlemen, is our fencing. Andl drove almost everybody's district. I didn't just leave it to my district. Now up and down Biscayne Boulevard, I have had a chain -link fence that I've been after our Code Enforcement for four years. And for some reason, nothing ever gets done. It's part chain -link, by the way, and it's part -- it's right by the Publix right there. And that fence has been falling down since I've been in office. And, you know, US 1 and Bird Road -- or Bird Avenue, the Culligan water building. That fence has been falling down for -- since I've been in office and everybody puts their campaign signs up there. So I like the idea behind this interim fencing, but can't do it. Commissioner Gort: Let me ask a question. How about if we request to have skirts? I don't know if that's what you call them. Mr. Min: We have considered a number of options in order to address some of the concerns. Not only did we want to -- not only did we look at the top rail, we also looked at putting in the middle rail, again, for the structural support. We looked at requiring the fences to be coated with the green coating or the blue coating to make the fence look better. We looked at the option of the landscaping issues. We looked at the option of the skirting or whatever the actual term is. But the actual reason why we didn't go with any of those avenues is because it does become cost prohibitive at a point. Again, this -- the idea is that these are temporary fences for vacant lots. And the option is, would you rather have a couch being dumped in somebody's lot and sitting there for a couple days or would you rather have a chain -link fence protecting a property from being used for illegal purposes. Vice Chair Carollo: Mr. Chairman. Commissioner Gort: If you -- City ofMiami Page 113 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Vice Chair Carollo: I'm sorry. Commissioner Gort: -- look at the one on 22ndAvenue and 6th Street, I believe it is, it was very sore to look at. It was very bad. They did put the fence and they put skirts on it, and it looks fine now. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: Thankyou. I have areas in my district that a chain -link fence will be the norm, butt have other areas in my district that don't think a chain -link fence will be appropriate. With that said, I am looking at voting no for it so it's going to end up dying because it seems like it's going to be a 2-2. So can I suggest that maybe we defer this to the next meeting? And I'm cognizant how many items we're deferring or not so, you know, we don't pile it up. But at the same time, you know what, I think an extra two weeks, you know -- 'cause I really don't know what a skirt looks like and so forth. Would two weeks be that big of a deal? Can we just defer this so we could, you know, take a look at it? Commissioner Gort: I withdraw my motion. Commissioner Dunn: I withdraw my second. Chair Sarnoff All right. So then motion -- we have a motion to continue by the Vice Chair to the November 18 meeting, and do we have a second? Commissioner Dunn: Second. Chair Sarnoff All right. We have a motion and a second. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Thankyou, gentlemen. Chair Sarnoff Thank you. PZ.14 ORDINANCE 10-00296Iu First Reading 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 350 NORTHEAST 56TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 114 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 10-002961u Analysis.pdf 10-002961u Land Use Map.pdf 10-002961u Aerial Map.pdf 10-002961u PAB Reso.pdf 10-002961u School Board Concurrency.pdf 10-00296lu Application & Supporting Documents.pdf 10-002961u & 10-00296zc ExhibitA.pdf 10-002961u CC Legislation (Version 2).pdf 10-002961u CC SR 11-18-10 Fact Sheet.pdf LOCATION: Approximately 350 NE 56th Street [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Howard and Marlene Schimmel, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on April 7, 2010 by a vote of 6-2. See companion File ID 10-00296zc. PURPOSE: This will change the above property to "General Commercial." Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Chair Sarnoff PZ.14. Commissioner Gort: It's first reading. Francisco Garcia (Director, Planning): PZ.14 and PZ.15 are companion items. These are before you for first reading. These are a land use change and a zoning change for a property located at 350 Northeast 56th Street. The Planning Department -- I'm sorry. The change will take place in the land use amendment from duplex residential to general commercial, and for the zoning designation, it would be from R-2 to T5 L. The Planning Department had recommended denial originally, and the Planning, Zoning Appeals Board had actually failed to act, constituting a denial. It is our understanding that the applicant may be preparing a covenant. However, we have not had a chance to review it just yet. With that our recommendation will continue to be denial. Ben Fernandez: Thank you. Mr. Chair, members of the board, Ben Fernandez, 200 South Biscayne Boulevard, here on behalf ofMarlena [sic] Schimmel. Howard Schimmel andMarlena [sic] Schimmel are the owners of the property in question, which is on 56th Street west of the FEC (Florida East Coast) tracks, just west of Soyka on the other side of the tracks. And it's a small property. It's comprised of one lot that is substandard in size. It is less than 5,000 square feet, so that makes it a substandard lot under the code. It's also part of a larger 14,670 square foot property abutting to the east that was acquired by the Schimmels in 2002. And what we're requesting this evening is a rezoning of this property to T5 L. We had originally requested a rezoning to C-2 under 11000, and that's what actually was considered by the lower boards, as the director just mentioned. The request, however, has been modified now to T5 L, which we think is even more appropriate. It's consistent with the transect that was given to the property under the same ownership to the east. And we think that it's appropriate because if you look to City ofMiami Page 115 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 the north, what you're going to find is a ten -story Pinnacle project. It's a very nice project, but it's a very, very big project. It's one that's nonconforming because of the Miami 21 designation that the property was given. So we have a property that's across the street from a ten -story property that is nonconforming. Our property has become nonconforming as well. It's developed with a warehouse building that was built under the C-2 regulations; now is a T5 L and it can only operate with limited warehouse uses. So what the Schimmels would like is to rezone this one lot that is right here to T5 L because it's vacant. And as a T3, it's undevelopable. You can see the pictures of the lot -- I've handed them out. You can see it here. It's got the chain -link fence. We apologize for that, Commissioner Sarnoff. And you can see the two oaks on this picture, and you can see the warehouse that is directly to the east. So the concept is that we want to be able to build this, but it's impossible to keep people out of this lot. And in order to bring this chain -link fence down, we want to develop the lot and we'd like to do it with something tasteful. We've commissioned an architect, Dean Lewis, who's with me this evening, that he's prepared a project. The internal design review committee has reviewed it and they liked it. And we -- that was part of our covenant. However, we would suggest to you that rather than be project specific because that was designed under a prior code, that we would change our covenant and say that we would limit our project to a maximum of three stories. T5 L allows up to five stories with a bonus. It's not what we're looking to do. We're looking for a three-story maximum, which would look appropriate, we believe, in this neighborhood, across from a ten -story building. Chair Sarnoff. All right. Mr. Fernandez: And that's it. Thank you. Chair Sarnoff Let me open up a public hearing. Is anybody wishing to be heard on PZ.14? Hearing none, seeing none, coming back to the Commission. Commissioner Dunn: Mr. Chair. Chair Sarnoff. Vice -- I'm sorry, Commissioner Dunn is recognized for the record. Commissioner Dunn: Yes. I'm fully cognizant of the location in terms of it being near Soyka restaurant and that definitely is a reasonable request in terms ofjust going up to three stories. I also understand that you're prepared to, as you stated, offer a covenant for this property. So I would fully support this item because I expect that this will at least offer some type of job creation. Mr. Fernandez: Yes. Chair Sarnoff. All right. Vice Chair Carollo: Is that a motion? Chair Sarnoff. So we have a motion by Commissioner -- Vice Chair Carollo: Second. Chair Sarnoff. -- Dunn, second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, 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. City ofMiami Page 116 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. PZ.15 ORDINANCE 10-00296zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ZONING ORDINANCE NO. 13114 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL (IN ORDINANCE NO. 11000, AS AMENDED) TO T-5L, FOR THE PROPERTY LOCATED AT APPROXIMATELY 350 NORTHEAST 56TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00296zc Analysis. pdf 10-00296zc Zoning Map. pdf 10-00296zc Miami 21.pdf 10-00296zc Aerial Map. pdf 10-00296zc Letter of Intent.pdf 10-00296zc Application & Supporting Documents. pdf 10-00296zc Survey. pdf 10-00296zc ZB Reso. pdf 10-00296zc CC Legislation (Version 2).pdf 10-002961u & 10-00296zc ExhibitA.pdf 10-00296zc CC SR 11-18-10 Fact Sheet. pdf LOCATION: Approximately 350 NE 56th Street [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Howard and Marlene Schimmel, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on May 10, 2010 by a vote of 5-0. See companion File ID 10-002961u. PURPOSE: This will change the above property to "T-5L". The applicant will proffer a covenant for this property. Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Chair Sarnoff All right, PZ.15. Vice Chair Carollo: Companion. Chair Sarnoff Right. City ofMiami Page 117 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Dunn: So -- Chair Sarnoff All right. Commissioner Dunn: -- move. Vice Chair Carollo: Second. Chair Sarnoff We have a motion by Commissioner Dunn, second by the Vice Chair. Let me open a public hearing. Anybody wishing to be heard on PZ.15? Hearing none, seeing none, the public hearing is now closed. 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 passed on first reading, 4-0. Chair Sarnoff All right, PZ.16. Ben Fernandez: Thank you. Francisco Garcia (Director, Planning): IfI may, as pertains to PZ.15, was mention of the covenant actually made in the motion for your consideration? I'm not sure if you'd care to include the covenant or not. Maria J. Chiaro (Deputy City Attorney): The covenant needs to be presented on -- Commissioner Dunn: Okay. Ms. Chiaro: -- second reading. Mr. Garcia: My apologies. Very well. PZ.16 ORDINANCE 10-00956zt First Reading 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 MAKING MINOR AND NON -SUBSTANTIAL CHANGES, CORRECTING CROSS REFERENCES TO OTHER PARTS OF THE CODE OR FLORIDA STATUTES; CLARIFYING AND CORRECTING LANGUAGE AS TO USES, DEFINITIONS, AND TERMS; ADDING AND CLARIFYING DEFINITIONS FOR ADULT ENTERTAINMENT; CLARIFYING SETBACKS, WITH REGARD TO THE FOLLOWING ARTICLES: ARTICLE 1. "DEFINITIONS", ARTICLE 2. "GENERAL PROVISIONS", ARTICLE 3. "GENERAL TO ZONES", ARTICLE 4. "STANDARDS AND TABLES", ARTICLE 5. "SPECIFIC TO ZONES", ARTICLE 6. "SUPPLEMENTAL REGULATIONS", ARTICLE 7. "PROCEDURES AND NONCONFORMITIES", ARTICLE 8. "THOROUGHFARES", ARTICLE 9. "LANDSCAPE REQUIREMENTS", APPENDIX A. "NEIGHBORHOOD CONSERVATION DISTRICTS", APPENDIX B. "WATERFRONT DESIGN GUIDELINES", AND APPENDIX C. "MIDTOWN City ofMiami Page 118 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 OVERLAY DISTRICT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00956zt PZAB Reso.pdf 10-00956zt CC ExhibitA.pdf 10-00956zt Exhibit B.pdf 10-00956zt Exhibit C.pdf 10-00956zt Exhibit D.pdf 10-00956zt CC Exhibit E.pdf 10-00956zt Exhibit F.pdf 10-00956zt Exhibit G.pdf 10-00956zt Notice of 584-Page Document.pdf 10-00956zt Adult Entertainment Exhibit.pdf 10-00956zt CC Synopsis of Resolutions - NEW.pdf 10-00956zt CC Legislation (Version 5).pdf 10-00956zt CC SR 11-18-10 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 with modifications* to City Commission on September 1, 2010 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow minor and non -substantial changes to the Miami 21 Code to clarify intent and uses, add definitions, and correct cross references and language. Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Francisco Garcia (Director, Planning): PZ.16 through PZ.21 are proposed amendments to Miami 21, the zoning ordinance, and we'd like to very quickly go through the presentation. And I'll tell you very briefly that PZ.16 is actually a compendium of fairly minor amendments. They are mostly scrivener's errors, adding definitions and correcting cross references to language already existing in Miami 21. When we presented this to the Planning, Zoning and Appeals Board, they had some reservations about a couple of the items, which we have removed, and we are bringing to you only those that they recommended favorably on. We, of course, recommend favorably as well. If you care for me to go into additional detail, I'm happy to; otherwise, for your consideration. Chair Sarnoff. All right. Let me open up a public hearing. Anybody wishing to be heard on PZ.16, please step up. Hearing none, seeing none, the public hearing is now closed. Is there a motion, gentlemen? Vice Chair Carollo: Motion for what, PZ.16? Chair Sarnoff. Just PZ.16. City ofMiami Page 119 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Vice Chair Carollo: Question. As far as recommended approval with modifications, what are the modifications of PZ.16? Mr. Garcia: You received -- Thank you, Commissioner, for bringing that up. You received late on in the process a substitution. We actually added some minor language to one of the last items at the request of the Public Works director. The language in particular had to do with seawalls and bulkheads and the height they can be throughout the City ofMiami. We intend to include the language in the final version of the legislation that you will receive in second reading. Vice Chair Carollo: Okay, and this is first reading so -- Commissioner Gort: This is first reading. Vice Chair Carollo: -- I move -- yeah, I move it. Commissioner Gort: Second. Chair Sarnoff. Motion by the Vice Chair, second by Commissioner Gort. Any discussion, gentlemen? Seeing -- hear no discussion, Madam City Attorney, it is an ordinance. Maria J. Chiaro (Deputy City Attorney): Mr. Chair, I need to inform this Commission that in your backup materials, there are significant data related to adult entertainment ordinances and the data that supports the enactment of the materials that's in your backup. So I need to particularly mention on the record that you have those data and statistical materials. It's a lot of material. It was part of the enactment of this adult entertainment ordinance in 11000 and that you rely on that data in the passage of this on first reading. Chair Sarnoff. I thought that's a given on anything. Ms. Chiaro: Well, this -- the adult entertainment ordinances need to have reference to specific data and it's right here, this big, fat book of material and all that is in the backup. Chair Sarnoff. Do you want the mover to state that he relied on that data? Ms. Chiaro: Not necessary. I'm just making the statement. Chair Sarnoff. All right. Vice Chair Carollo: Is there something there that I'm not seeing or there's something there thatl should know about? Ms. Chiaro: If you want to look at it, it's right here. It has to do with the secondary effects of adult entertainment on the neighborhood. And as I said, I have this material. It has no pictures, but it's right here. Commissioner Gort: It's only allowed in District 2. Chair Sarnoff. He only got the stick figures. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. And this roll call will be on first reading but on a modified ordinance. A roll call was taken, the result of which is stated above. City ofMiami Page 120 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 PZ.17 10-00963zt Ms. Thompson: The ordinance has been passed, as modified, 4-0. ORDINANCE First Reading 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 4. "STANDARDS AND TABLES", ARTICLE 5. "SPECIFIC TO ZONES", ARTICLE 6. "SUPPLEMENTAL REGULATIONS", AND ARTICLE 7. "PROCEDURES AND NONCONFORMITIES", TO ESTABLISH EQUIVALENT REGULATIONS AND REQUIREMENTS FROM FORMER ZONING ORDINANCE 11000, AND PLACE THEM IN THE MIAMI 21 CODE; MORE SPECIFICALLY: 1) BY MODIFYING TABLE 4 DENSITY, INTENSITY AND PARKING, ESTABLISHING ADDITIONAL PARKING REGULATIONS FOR CHILDCARE IN T4, T5, T6, CIVIC INSTITUTION, CIVIC SPACE, AND D1 ZONES AND MODIFYING REQUIREMENTS FOR PUBLIC AND COMMERCIAL STORAGE FACILITIES IN T5, T6, AND DISTRICT(D) ZONES; 2) BY AMENDING TABLE 5. BUILDING FUNCTION: PARKING AND LOADING, ADDING CONDITIONS FOR LOADING BERTH SUBSTITUTION; 3) BY AMENDING SECTION 5.3.1 BUILDING DISPOSITION (T3), SECTION 5.3.2 BUILDING CONFIGURATION (T3), SECTION 5.4.1 BUILDING DISPOSITION (T4) AND SECTION 5.4.2 BUILDING CONFIGURATION (T4), ESTABLISHING CONDITIONS AND REQUIREMENTS FOR ACCESSORY STRUCTURES, PERMANENT POOLS AND WHIRLPOOLS, TENNIS COURTS, AND SIMILAR FACILITIES, MECHANICAL EQUIPMENT, AND OTHER SIMILAR EQUIPMENT IN T3 AND T4 ZONES; 4) BY AMENDING SECTION 6.1 INTENT AND EXCLUSIONS, CLARIFYING HOW TO MEASURE DISTANCE SEPARATION REQUIREMENTS; 5) BY MODIFYING TABLE 13 SUPPLEMENTAL REGULATIONS, TO ESTABLISH CONDITIONS TO MEET THE STATE OF FLORIDA REQUIREMENTS FOR CHILDCARE FACILITIES IN T4, T5, T6, CIVIC, AND D1 ZONES; AND MODIFYING REQUIREMENTS FOR PUBLIC AND COMMERCIAL STORAGE FACILITIES TO REQUIRE A WARRANT AND DISTANCE SEPARATION REQUIREMENTS FOR T5 AND T6 ZONES; AND BY ADDING DISTANCE SEPARATION REQUIREMENTS FOR ASSISTED LIVING FACILITIES IN THE CIVIC INSTITUTION ZONE; AND 6) BY MODIFYING SECTION 7.1.2.5 WAIVER, INCORPORATING SAID REQUIREMENTS FOR ACCESSORY STRUCTURES, MECHANICAL EQUIPMENT, AND LOADING BERTH SUBSTITUTION INTO THE WAIVERS LIST; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 121 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 10-00963zt PZAB Reso.pdf 10-00963zt Exhibit A. pdf 10-00963zt Exhibit B.pdf 10-00963zt Exhibit C. pdf 10-00963zt Exhibit D.pdf 10-00963zt CC Exhibit E.pdf 10-00963zt CC Synopsis of Resolutions - NEW. pdf 10-00963zt CC Legislation (Version 4).pdf 10-00963zt CC FR 11-18-10 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 with modifications* to City Commission on September 1, 2010 by a vote of 6-1. *See supporting documentation. PURPOSE: This will establish equivalent regulations and requirements from former Zoning Ordinance No. 11000 and place them in the Miami 21 Code, more specifically to 1. Establish conditions and requirements for sheds, permanent pools and whirlpools, tennis courts, and similar facilities accessory to principal use, air conditioning equipment, and other similar noise producing equipment in T3 and T4 zones, and incorporating said facilities and/or equipment to the Waiver list; 2. Add conditions for loading berth substitution; 3. Establish conditions to meet the State of Florida requirements for Childcare Facilities in T4, T5, T6, C, and D1 zones; 4. Modify requirements for public and commercial storage facilities in T5, T6, and District Zones; 5. Add distance separation requirements for Assisted Living facilities in the Civic institution (CI) Zone; and 6. Clarify how to measure distance separation requirements for uses and structures. Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, 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 PZ.18 ORDINANCE First Reading 10-00964zt 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 1. DEFINITIONS BY ADDING A DEFINITION FOR SCHOOLS; AMENDING ARTICLE 4. STANDARDS AND TABLES, BY MODIFYING TABLE 4 DENSITY, INTENSITY AND PARKING TO ESTABLISH PARKING RATIOS FOR EDUCATIONAL FACILITIES CONSISTENT WITH MIAMI DADE COUNTY PUBLIC SCHOOLS IN ALL TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 122 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 10-00964zt PZAB Reso.pdf 10-00964zt CC Legislation (Version 2).pdf 10-00964zt Exhibit A. pdf 10-00964zt CC FR 11-18-10 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 September 1, 2010 by a vote of 7-0. PURPOSE: This will make parking ratios for Educational Facilities (Schools) in all Transect Zones consistent with the Florida Building Code and Miami -Dade County Public School requirements. Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, 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 PZ.19 ORDINANCE First Reading 10-00968zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5. SPECIFIC TO ZONES, BY MODIFYING SECTION 5.5.1 BUILDING DISPOSITION (T5), AND SECTION 5.6.1 BUILDING DISPOSITION (T6), BY ALLOWING DOOR SPACING REQUIREMENTS TO BE MODIFIED BY WAIVER AND BY REMOVING PUBLIC EASEMENT REQUIREMENTS FOR CROSS BLOCK PASSAGES; AND BY MODIFYING SECTION 7.1.2.5 WAIVER, INCORPORATING SAID REQUIREMENTS FOR DOOR SPACING INTO THE WAIVERS LIST; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00968zt PZAB Reso.pdf 10-00968zt CC Legislation (Version 2).pdf 10-00968zt CC FR 11-18-10 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 September 1, 2010 by a vote of 7-0. PURPOSE: This will allow door -spacing requirements to be modified by City ofMiami Page 123 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 process of Waiver and will remove public easement requirements when providing cross -block passages in T5 and T6 Transect Zones. Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, 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 PZ.20 ORDINANCE First Reading 10-00969zt 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 1. DEFINITIONS, TO CHANGE THE TERM LARGE SCALE RETAIL TO LARGE SCALE COMMERCIAL AND ARTICLE 6. SECTION 6.3.1, LARGE SCALE RETAIL, TO CLARIFY PROCEDURES AND MODIFY REQUIREMENTS FOR LARGE SCALE COMMERCIAL ESTABLISHMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00969zt PZAB Reso.pdf 10-00969zt CC Legislation (Version 2).pdf 10-00969zt Exhibit A. pdf 10-00969zt CC FR 11-18-10 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 September 1, 2010 by a vote of 9-0. PURPOSE: This will clarify the required process for large-scale commercial establishments and remove the maximum size limitation. Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, 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 PZ.21 ORDINANCE First Reading 10-00970zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5. SPECIFIC TO ZONES, MORE SPECIFICALLY BY MODIFYING SECTION 5.4 GENERAL URBAN TRANSECT ZONES (T4), SECTION 5.5 URBAN CENTER TRANSECT ZONES (T5) AND SECTION 5.6 URBAN CORE City ofMiami Page 124 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 TRANSECT ZONES (T6) TO CLARIFY RULES FOR EXTENSIONS ABOVE MAXIMUM HEIGHT TO BE CONSISTENT WITH ARTICLE 3. GENERAL TO ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00970zt PZAB Reso.pdf 10-00970zt CC Legislation (Version 2).pdf 10-00970zt CC FR 11-18-10 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 September 15, 2010 by a vote of 7-0. PURPOSE: This will establish limits and procedures for extensions above maximum height for stairs, elevators, mechanical equipment enclosures and ornamental features to be consistent with Article 3, Section 3.5 "Measurement of Height". Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, 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 PZ.22 ORDINANCE First Reading 10-00971 zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 6. SUPPLEMENTAL REGULATIONS, BY MODIFYING SECTION 6.5.1.5 GENERAL REQUIREMENTS, ADDING REQUIREMENTS AND LIMITATIONS FOR FREESTANDING SIGNS AND PAINTED WALL SIGNS; SECTION 6.5.2.5 ESTABLISHING SIGN REGULATIONS FOR TRANSECT ZONES CI -HD AND D3; AND SECTION 6.5.3 BY REQUIRING A WARRANT FOR SIGNS OVER FIFTY (50) FEET ABOVE GRADE, CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-00971zt Reso.pdf 10-00971zt CC Legislation (Version 2).pdf 10-00971zt CC FR 11-18-10 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 September 15, 2010 by a vote of 7-0. City ofMiami Page 125 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 PZ.23 09-01464za PZ.24 10-00044x PURPOSE: This will add requirements and limitations for freestanding signs, painted signs, establish regulations for signs in the CI -HD and D3 Transect Zones, and require a Warrant for signs over fifty feet above grade. 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 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 11-18-10 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. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, 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 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 City ofMiami Page 126 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 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 10-00044x-Submittal-Community Support Part 1.pdf 10-00044x-Submittal-Community Support Part 2.pdf 10-00044x-Submittal-Grace Solares-Opposition to School In The Middle Of Our Neighborhood -Pal 10-00044x-Submittal-Grace Solares-Opposition to School In The Middle Of Our Neighborhood -Pal 10-00044x-Submittal-The Roads Neighborhood News. pdf 10-00044x-Submittal-Grace Solares.pdf 10-00044x-Submittal-Amy Huber -Tucker Gibbs. pdf 10-00044x-Submittal-Tucker Gibbs. pdf 10-00044x-a-Submittal-Sample Parent Contract Brickell Preparartory Academy. pdf 10-00044x-Submittal-Declaration of Restrictive Covenants. pdf 10-00044x-a-Submittal-Miguel Diaz de la Portilla.pdf 10-00044x-Submittal-Brickell Homeowners Association-Resol ution. pdf 10-00044x-Submittal-Iris Escarra.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): Miguel Diaz de la Portilla, 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): City ofMiami Page 127 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 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 Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Note for the record: Item PZ.24 was deferred to the Commission Meeting scheduled for December 16, 2010. Maria J Chiaro (Deputy City Attorney): Mr. Chair. Chair Sarnoff You're recognized, Madam City Attorney. Ms. Chiaro: Mr. Chair, these two items are appeals to the granting of a special exception. They are separate appeals and therefore appear as two separate items on your Commission agenda. The appellants for both of the items have agreed to do a joint presentation. You may have one public hearing to receive comments from the public. The votes, however, will need to be taken separately on each of the appeals. Chair Sarnoff All right, understood. So when we open up the public hearing, folks, you're welcomed to speak on either item. So the record will be clear, we will be speaking on both or either item you wish to address, we'll close the public hearing, the City Commission will then vote individually, but the record will reflect the public hearing for both items. All right, why don't we let the City proceed? Francisco Garcia: Good afternoon, Mr. Chair and Commissioners. My name is Francisco Garcia, Planning director. By way of brief introduction, items PZ.24 and PZ.25 are both appeals to a special exception granted by the Zoning Board on March 22, 2010. The special exception pertains to land located at 1737 to 1745 Southwest 2nd Court and 1742 to 1744 Southwest 2nd Avenue. Both appeals are for the same parcel of land. The proposal is for a charter school in what was then known as an office district. The staff recommendation at the time was for approval with conditions, and the Zoning Board also approved, with conditions, the special exception request. As explained earlier, the matter is before you on appeal. I was asked by the City Clerk to explain to you what the consequences of ruling either way on the appeal would be, so I will do that briefly. Were the City Commission to approve the appeal, that would overturn the granting of the special exception. Were the City Commission to deny the appeals, then that would leave the special exception in place and allow for this project to go forward. I would also like to add briefly that subsequent to the original hearing and subsequent to the appeals, additional information has been proffered, which I understand that you have on the record. And at this time, I think it might be best to allow both the appellants and the applicants to make any presentation they so wish, and we'll certainly stand by to answer any questions you may have. Thank you. Chair Sarnoff Thank you. All right, state your name for the record. Just give us your position and who you represent. Amy Huber: Okay. Amy Huber, with the law firm of Shubin & Bass, 46 Southwest 1st Street, and I'm here today on behalf of 1701 Brickell Condominium, the owners of property at 1701 City ofMiami Page 128 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Southwest 2ndAvenue, and Peacock Development, LLC (Limited Liability Company), the owner of property at 1712 Southwest 2ndAvenue, which is contiguous to the subject property. Chair Sarnoff. I'm sorry. Peacock -- what was the last --? Peacock -- Ms. Huber: Peacock Development -- Chair Sarnoff. LLC. Ms. Huber: -- LLC. Tucker Gibbs: And Mr. Chairman, my name is Tucker Gibbs. I'm representingBrickell View Apartments, Hernando Carillo (phonetic), Nelson Rodriguez, and the Miami Roads Neighborhood Civic Association, offices at 2980 McFarlane Road, Coconut Grove. Chair Sarnoff. All right. How do you wish to proceed? Ms. Huber: As we discussed with the City Attorney, although there are two appeals that have been filed, for everyone's convenience and time, Mr. Gibbs andl have prepared one presentation, so I will proceed, and then I'll be followed by Molly Hughes of Hughes Hughes, Inc, our traffic consultant; then Marc Alvarez, our planner, and then Tucker Gibbs. And we'd like to reserve some time for rebuttal following the completion of our application. Chair Sarnoff Okay. Please proceed. Ms. Huber: From a housekeeping perspective, I'd like to clam with your staff which -- what additional information has been submitted by the applicant. Chair Sarnoff Madam City Attorney. Ms. Chiaro: All the materials are provided in the background, if it's been submitted by the applicant in time for this Commission to consider it as part of the record without any discretion on part of the City Commission. Chair Sarnoff As an attorney, I know what she's asking. It is everything that we've had the opportunity to look at? Is it part of our package and documents? Ms. Huber: Specifically, my request is was there a traffic study submitted within the last week that has not been available on the City's Web site? Mr. F. Garcia: I can attest to the fact that we have received a traffic study. Whether or not it is on the Web site, I frankly do not know. I would defer to the City Clerk on that. Priscilla A. Thompson (City Clerk): I'm sorry. If anything has been received following the distribution of the printed agenda, it would be considered as a substitute, number one. Number two, if it were received in our office, we would actually hold that as correspondence. I do not have in my possession a traffic study. The question then I would put out there is what -- was that study received in some other office? The actual submission of a substitute, there's a process you go through. I don't have in my possession any substitute materials for PZ.2 [sic] and 4 [sic] that are a traffic study. Chair Sarnoff 24 and 25, you mean? Ms. Thompson: I'm sorry; 24 and 25 that are a traffic study. City ofMiami Page 129 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff. So if -- why don't we just let you proceed. And if they want to submit a traffic study, you can then make a contemporaneous -- Ms. Huber: And more specifically, I'd like to know if staff has had ample time to review that traffic study. Mr. F. Garcia: In the approximately one week that we've had the traffic study, we have been able to look through it and become familiar with it, but not been able to review it intensively, no. Ms. Huber: So it was not considered in your staff report? Mr. F. Garcia: No. It certainly is not considered in the recommendations that you see before you on the record. Chair Sarnoff All right. Mr. F. Garcia: We are, however, happy to answer any questions that you may have regarding this. Ms. Huber: Thank you. Chair Sarnoff Go ahead. Mr. Diaz de la Portilla. Miguel Diaz de la Portilla: Mr. Chairman. Miguel Diaz de la Portilla. I'm attorney at Becker and Poliakoff, 121 Alhambra Plaza, 10th Floor, Coral Gables. I'm here on behalf of the applicants, as well as on behalf ofMaterAcademy andAcademica. Those are my clients. Regarding the issue of the traffic study, I'd like to point out a couple of things. Number one, a traffic study is not required in your process for a special exception application. Nonetheless, ten days ago a traffic study that our traffic engineer prepared was submitted to the opposition, to both Mr. Shubin's office and to Mr. Tucker Gibbs' office. They've had that in their possession for approximately ten days, even though no traffic study is required. Additionally, we've submitted that traffic study, which is an internal document, again, not required by your Code and by any provision of law, to the staff for review as well, and our traffic expert is here to testify and is available for cross-examination in terms of what the contents of that traffic study are. Chair Sarnoff. All right. Mr. Diaz de la Portilla: Thank you. Ms. Huber: Good evening, Chair and Commissioners. So I guess you're wondering why are we here tonight. And the answer to that is simple. Under your Code, there's a very special process for special exceptions. And the reason that there's a special process for the approval of special exceptions is because although contrary to what the applicant would like you to believe, this is not an as -of -right application. Your Code and Florida law has specifically recognized that these applications are special; hence, the special exception. And specifically, your Code provides for a process for special exception review. And in addition, the applicant has the burden of showing that its application to obtain a special exception meets the criteria of your Code, does not substantially impair the intent and purpose of your Zoning Code, is not adverse to the public interest, and that there will not be a substantial detriment to the neighborhood. It is our opinion that the applicant in this case has failed to do so. Let's look at the application before you. It's an application for a K through 12 charter school. The site plan proposes 69 classrooms, 7 multipurpose rooms, 5 labs, a library, and a gymnasium. The application is proposing two buildings; a seven -story school building with offices on the seventh floor and a seven -story garage with a gym on the seventh floor, a proposed FAR (floor area ratio) of 120,483 square feet. Andl don't know how many of you have been able to actually go out to the site, but here in City ofMiami Page 130 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 front of you is an aerial view of the location. Okay. The school is on this side of the street and the parking garage and the gymnasium is located across the street. As you can see, the school is located at a dead-end street. There's only one method of ingress and egress from the location, and it sits in the middle of a residential community and it borders 1-95. Currently, although the application is not specific as to the number of students specified per grade level -- and I'll get to that in more detail in a moment -- per their traffic study, they're proposing 561 elementary students, 561 middle school students, 578 high school students, for a total of 1,700 students. They're also proposing anywhere from 80 to 100 teachers and 20 to 30 administrative staff for a total of 1,830 people occupying these two buildings. In the handout you've received, you'll also see a further breakdown with respect to the floors and what's provided on each of them. It's unclear as to how the students will actually be placed. The plans that are currently before your staff do not identf the grades proposed for each classroom. It just says classroom or lab and there's no further specification. Here's further detail of the site and the surroundings before you for this application, and as I mentioned, the school's on one side and the parking garage and the gym are on the other. Special permits are governed by Section 1300 ofyour Zoning Code; and of particular importance, and as I mentioned earlier, one of the things that you must look at is whether or not this application complies with the intent ofyour Code, and specifically, special permit procedures and requirements as set out herein are intended to apply to the relation to use, occupancy, location, construction, design, character, scale, or manner of operation, or the necessity of making complex or unusual determinations. Also to assure consideration of the particular circumstances of each case and the establishment of such conditions and safeguards as are reasonably necessary for protection of the public interest generally and protection of adjacent properties, the neighborhood, and the city as a whole. And the reason this is critical is because we believe that the applicant has failed to demonstrate an adequate protection not only for the neighborhood, but particularly for the adjacent properties which we represent. We also believe that your staff report is void of any mention of how this neighborhood and how these adjacent property owners are protected. More specifically, special exceptions are governed by 1301.3.1, and I'd like you to look at the area that I've emphasized. Special exceptions require special and intensive review to determine whether or not they should be permitted. So again, this isn't an as -of -right. It's whether or not they should be permitted in specific locations. And the reason that the location is so critical here is because we believe not that everyone wouldn't love to have a school in this neighborhood, but we believe this site, this location is not the right site or the right location for a school. And if so, which limitations, conditions, and safeguards should be applied? And as I mentioned, there are no safeguards or conditions or limitations applied to this application to protect adjoining property owners in the neighborhood from avoidable conflicts. You heard us mention whether or not a traffic study is important or was required. And what I'd like you to look at is under Section 1304.2.1, application forms and materials that may be required, " specifically (d) (3) and (4) require "access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic"; (4), "offstreet parking and offstreet loading areas"; (m), which I think is critical, "such additional data, maps, plans, or statements as may be required for the particular use or activity involved." So the statement that a traffic study is not legally required is fundamentally false. Your staff and the City most definitely can force the applicant, in this case, to submit a traffic study to be reviewed and analyzed as to whether or not the impacts of a 1, 700-student school at the end of a dead-end street is appropriate and whether this is the right location. So I know there's a lot of discussion as to what is or isn't required, but we most definitely believe that it's critical for the City to be able to review a traffic study and to determine whether this location is appropriate, and the failure to do so makes this application deficient and it should have been denied. Section 1305.2 lists the design review criteria that staff should have reviewed, specifically citing, which is the location, "should minimize the impacts of automobile parking and driveways on the pedestrian environment and adjacent properties." "Vehicular access and parking: design for pedestrian and vehicular safety to minimize conflict points"; to minimize the number of curb and width driveways; parking adjacent to a street in [sic] front should be minimized and wherever possible located. And as you will hear shortly from our traffic consultant, this application is deficient in parking and this application -- this location that the applicant is seeking this school does not City ofMiami Page 131 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 have the necessary ingress and egress for this school to operate appropriately or safely. What I think is most telling is the applicant has failed to address, and your staff report does not mention 1305.3.1, which is use and occupancy criteria. These are specific criteria that must be examined to determine whether a site is appropriate and whether a use is appropriate, and this requires review for adequacy for the proposed use to operate given in its specific location and proximity to less intense uses. Particular consideration shall be given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the spillover effect of light, specifically I'd like to highlight traffic conflicts. As you'll hear momentarily from Ms. Hughes, we have a huge issue with the traffic conflicts of trying to get 1,700 students in and out of this location. In addition, not only has the applicant requested a special exception for the use of a school; they have 11 other special requests, and I'd like to highlight a few of them. They want to be able to allow the project to be designed as a single site that occupies lots divided by a street or an alley. They want a reduction of the loading birth dimensions. They want to allow for temporary carnivals, festivals, or fairs on City -owned property. They want to allow temporary parking on City -owned property for this tempor -- these temporary events, and they want to allow for the operation of construction equipment exceeding the sound level and at any time or any day. So although I'm not going to spend a lot of time on these additional requests, I think they continue to highlight that this is the wrong site, the wrong location for this school, especially a school of this magnitude. I started to mention briefly the deficiencies in the plans and the applications, and I'd just like to highlight a few other things for you. As I mentioned, the plans, as submitted, and the applicant has refused to stipulate to the number of students per classroom, per grade, and the reason that this stipulation is critical is because the impacts not only to traffic trip generations, but the parking calculations, as well as the overall impact to the neighborhood are critical depending on how this school is used. For example, your parking calculations are broken up by K through 9 and 10 through 12, and the reason for that is simple. Ten through twelve is the age where you can drive, so therefore, you need more parking spaces for ten through twelfth graders. So if the applicant proposes 1,700 students, and they're currently saying 77 percent of those will be K through 9 and 23 percent of those will be 10 through 12, then they have to provide a certain number of parking spaces for those students. However, without a stipulation that they're going to abide by those numbers and they will not exceed those numbers, their parking calculations don't work. In addition, there's a very different impact from a school of 1,700 students that's all high school students versus all elementary school students, so without this stipulation and without a commitment from the school that's enforceable -- and that's the key thing here. Without enforceability, this project doesn't work. And in speaking with your staff they advised that if they do not commit to student population and to a distribution, then this application must be looked at in a worst -case scenario, which means all of the square footage must be calculated and all of the impacts must be calculated on 10 through 12 and that's not what's before you, and therefore, they wouldn't have enough parking, as well as they'd have a lot of other issues; and again, the application is deficient in that way. There's been a lot of discussion regarding parking, and momentarily, Ms. Hughes is going to actually go through the parking calculation and what we believe is the adequate parking calculation. I'd like to highlight for one moment for you, though, because I believe interpretation in reading your Code requires common sense and a reasonableness. If at the end of the day the result that you get doesn't make sense, then obviously you need to look again at how you've interpreted the Code, and in this instance, for 1,700 students, the applicant is proposing 146 parking spaces. Now they've admitted that their staff alone is a hundred -- anywhere from 120 to 130 people. If they're only required 146 parking space [sic], common sense dictates that there's not enough parking. Now in addition, they've offered a covenant to limit the number of students that would park on the -- at the school. Let's think about that for a moment. If they're required to submit a covenant, there must be a reason for that. There must be a deficiency in the parking. So in other words, rather than getting a variance for not having enough parking, they're going to submit a covenant, a de facto way to try to get around the fact that there's a deficiency in the parking for the school. The net result of a deficiency in parking, as you all can imagine, is an overflow into the neighborhood, or you'll have people parking at Publix or Walgreens, which is just down the street, and all throughout the neighborhood. City ofMiami Page 132 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Furthermore, as I previously mentioned minutes ago, without a commitment, it's impossible for your staff to determine the amount of parking spaces. The school has to commit to a number of students per classroom, per grade level. A lot of things have been mentioned as to how we got to 1,700 students, andl know that a lot of people have discussed this and looked at this. And the applicant has continuously stated that the reason it has to be 1,700 students is based on the economics. And in order to make this work and in order to buy the land and build the school, they need 1,700 students. Even if you want to be seduced by that argument because you'd like to see a school in this area, I urge you to look into this matter further because basically, what's happening here are the entities are selling the property that they already own to themselves at a higher rate to justify a school with 1,700 students. They're doing this at the expense of the neighborhood and that, I urge you, is not an acceptable reason. So in summary, this application fails to meet the criteria of the Code, as I've outlined and as our experts are going to opine to momentarily. As you'll hear, they don't meet the criteria of your comprehensive plan, and this is the wrong site and the wrong location for a school. Just because we want something there doesn't mean it's the right site, and the reason that you have this process and you have this criteria is to evaluate whether or not a school should be placed at this location. So with that, I'm going to present our traffic consultant, Molly Hughes. Molly Hughes: Good evening. My name is Molly Hughes. For those of you who don't recognize me, I haven't actually been in front of you recently, I'm a transportation planner. I own and operate a traffic engineering firm based out of Fort Lauderdale, but I lived many years in Coconut Grove; did many projects here in Miami. One of my most proud participations, in fact, was your down -- the original downtown DRI (Development Regional Impact). I worked with David Plummer at the time andl learned a tremendous amount andl know a good amount about the City. I'm here tonight because my clients were concerned about common sense worries over such a large school, so they looked around for somebody who could answer the question will this be a problem for our neighborhood. I have a good deal of school experience, although I practice in all areas. I've worked for the Broward County School Board for many years as their outside consultant preparing plans for new schools. I've also worked for municipalities solving problems that were already gen -- were generated by schools that were already built, and most recently, I have done site plan traffic studies for quite a number of charter schools in Florida and the state's neighboring. Based on that experience, I was a little bit frustrated when I took a look at this proposal. I thought to myself if this was a client approaching me with a project like this, it's probably a project I would decline. Andl want to take a few minutes tonight, not too long, to tell you some of the basic reasons why I think you should pass on this project as well. It's basically too big for the site it's on. We know this notwithstanding the fact that the applicant didn't provide some of the information normally would be needed to evaluate it, but we know this because based on the information they did provide and the traffic study that we did recently receive, whether it was required or not, it provides insight into the thinking by the applicant about how the project might work, so it was information for me whether you require it or not. (UNINTELLIGIBLE) look at these documents and you intuitively evaluate them, which I think you'll be able to do tonight, you will see that they know that they have a pretty substantial operational problem. At the end of my remarks, what you'll hear is that they have projected transportation impacts, commensurate with the school, about one-third the size of the one that they propose in order to be able to show in some way, shape, or form that the project can work there. Let me tell you how I know that. The first thingl did was I generated traffic for a school this size. I'm familiar with how to do that because I do it all the time for the other projects. And in fact, when I got the applicant's traffic study, they had generated trips the exact same way that I did. The only difference is that think they started with a school andl started with the office trip generation, which you can see in your packet and up on the wall. The office trip generation, that trip generation that my clients, more or less, expected to be generated on that site is woefully lower, extraordinarily lower than the proposed. So the first consideration that we have is -- this is a little bit of a switch for them. They were anticipating 145,000 square foot office building with trip generation 4 and 5 times lower than what is proposed here. You can see a critical -- in the very first column, you can see a critical difference; 370 percent more inbound City ofMiami Page 133 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 traffic in the morning, and when they get ready to leave, 1,000 percent -- almost 2,000 percent more. This traffic will kind of collide as the residents are trying to get out of the neighborhood and the schoolchildren, parents, and whatnot are trying to get into the neighborhood. And I'm not suggesting what the level of service would be. The applicant thought it would be fine. But I think from an operational standpoint, you have so many left- and right -turn conflicts with that kind of colliding traffic. With an office building, it's pretty compatible with a residential area. We know this from our Brickell work. The folks leave to go to work. Pretty soon after they leave, the office folks start arriving at the office. They're there all day. Five, five -thirty they leave. Quarter to six, six o'clock, the residents come back. Most times they never even see each other. Not going to happen with a school on that site. The next big difference that I want to point out about the trip generation is that while we both generated the traffic exactly the same way, the applicant applied some deductions. Sixty-six percent of the traffic got removed by deductions. One impressive deduction was 400 and -- 241 students are projected to come by Tri-rail and Metro -- I'm sorry -- Metrorail and Metro Bus. Can you imagine it? Would you send your kid to school on the public bus or Metrorail? They're counting on 240 students coming that way, and presumably they would walk from those stations. They deducted 600 more students from the traffic because they're going to ask the parents of these students to deliver those students to one or the other of the two nearest Metrorail stations, not by Metrorail; by car. I don't know where those cars will stand or drop off or pick up, but they're going to somehow do that. And then the school's going to run shuttles, a whopping four shuttles, back and forth all morning long and then all afternoon until they get 600 students over to the school site. I'm thinking, from this alone, they had a pretty good idea that they can't handle all of the traffic on their site. In addition to that -- and l just add this because it's an incredible number -- they've projected that 255 additional students that would have come in a car, according to ITE (Institute of Transportation Engineers), the trip generation rates that we all use, by walking from their homes or riding their bikes from their homes -- I have to tell you, when I first started in this business, that is how a lot of kids went to school. That's not how very many kids go to school today. Two hundred and fiftyrfive. I'm not sure the applicant is sure this is going to happen. I didn't find anywhere on the site plan bike racks. I didn't find one. I don't know where 255 or so could possibly be hiding. But if you're going to expect that many trips to be converted to bikes or something in that neighborhood, you're going to have to have a substantial area set aside, which their site plan doesn't show. So in the end, they did a traffic analysis for 604 students, 604 of the 1,700 that they propose. All the rest are going to get there some other way. Thought that was pretty outstanding. When you use the standard private school trip generation rate, the one that we all choose for schools -- charter schools, you get a back-up, a queue -- what we call a queue that filters through the neighborhood. The purpose of this slide is simply to show you in a kind of an estimated way, using an estimated number of vehicles in the queue, where that will be; and what I hope you will see is that all those little red blocks are representative of a single vehicle and they are all waiting to get there. Now you may think that I gilded the lily. You may think from Ms. Hubner's [sic] remarks that used the worst -case scenario, but I did not. I used their exact methodology, but I corrected the trip generation back to the ITE standard estimate instead of this one-third reduction that they went through. I'm not taking issue with the way they did their queuing analysis. They divided it into three arrival groups at 12 -- Chair Sarnoff Could you stop right there? Are you saying that there is a study or analysis done for charter schools and that's the analysis you're using? Ms. Hughes: There is a rate for them, and that's the rate I used. Chair Sarnoff So who publishes that rate? Ms. Hughes: The Institute of Transportation Engineers. Chair Sarnoff And who promotes that? City ofMiami Page 134 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Ms. Hughes: Our industry. In fact, the applicant used the same rate. The issue is the rate includes bus service, it includes walkers, it includes bikers. So to duplicate that is a little bit of double-dipping, and in this case, it's not a little bit. Ms. Chiaro: Mr. Chair, you've lost a quorum. Unidentified Speaker: I'm here. Chair Sarnoff He's in earshot. We have a beeper on him. As soon as he leaves, it'll go off. So ifI understand what you're saying -- and I'm just trying to -- 'cause you're an expert and want to understand your testimony -- is that the Institute of Transportation Engineers affords a certain percentage of students that will walk, that will bike, that will get there by other means, but they've inflated that number? Ms. Hughes: And ITE publishes a rate that -- Chair Sarnoff Right. Ms. Hughes: -- gets you to that. Then you would not apply more deductions for the same thing. Chair Sarnoff And you're applying the industry standard rate, is what you're telling me? Ms. Hughes: As the client -- as the applicant did, but then they reduced it by these other factors. Chair Sarnoff Okay. I just wanted to understand. All right. Ms. Hughes: Shouldl continue? Chair Sarnoff Yeah. I didn't mean to -- I did mean to interrupt, but I wanted to understand. Ms. Hughes: That's all right. So although this is just an illustrative aerial, it's important that you see what the repercussions are when the queue is not 41 but 130 or so. This is what happens. It's a small neighborhood. You have vehicles kind of waiting on the local road system, blocking people's driveways, keeping them from being able to easily leave for work in the morning. Another absence in the contemplation of this approach if you do -- if you are willing to assume that Miami -Dade County will permit a charter school to utilize a couple of its Metrorail stations for a drop-off -- or satellite drop-off facilities, if you think that's feasible, and if you think the neighbors in those areas won't mind the queued -up cars in their neighborhoods waiting to drop their kids off off our site so we don't have to pay attention to it, then you need to do an analysis to show that that would work. The residents in those two neighborhoods, Brickell station and Vizcaya station, deserve the same, even if it's not required. Wouldn't we want to see how I guess 300 students would arrive at either of those two locations and somehow those vehicles would be accommodated? That's not the way the stations were designed. I happened to be fortunate enough to work on the Brickell loop, andl know that we hoped that people would kiss and ride, we hoped that people would ride, we hoped that people would find parking, but we never anticipated augmenting surrounding uses by allowing drop-off and pick-up to be there; have no idea how that will work. The next concern that we have -- the next big concern that we have is about the parking. It was already alluded to. The parking analysis on the parking table on the site plan was immediately evident that it was misinterpreted or something. You couldn't possibly expect the teachers to absorb 95 percent of the parking. Where will the copy repair people park? Where would the people delivering lunchroom -- where would the lunchroom people park? So there's a common sense absence. But what we did was we looked at the Code and we read the Code. We know how it's typically applied in Miami and we sought our own number. As it was mentioned before, it's not possible to come up with an exact number because it was an insufficient labeling on the site plan, but we figured we could get close. I mean, you City ofMiami Page 135 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 know, we may be off ten or fifteen parking places, okay. Somebody can refine that at some point in the future when they know exactly what classroom will be for what age student. But we knew it was going to take somewhere around 80 classrooms. They provided slightly more than that, so obviously they agree. So we took 80. We took the square footage. We put a parking space in, as the Code suggests, for -- one for every classroom, and then the residual rate that provides for all the support services for those children in each one of those classrooms, and I'm sorry; the number is so disparate, but it's an incredible difference. Where they're providing 146 -- and presumably, these shuttles and these parents -- and don't know how that helps with the parking, but presumably, it helps in some way. They're providing 146, including high school. I guess maybe there won't be many high school students parking there. But your Code for which they have no variance would require somewhere in the neighborhood of 580 spaces. Maybe it's 570. Maybe it's 590. But it's in that order of magnitude. It's an incredible shortcoming. Well, why do we care about that? If we're in the neighborhood -- well, actually, let me show you just a little bit about how we went about it. On every floor there are certain -- various numbers of classrooms and that's how you generate the parking. They generated one space for all of the uses or -- you know, in theory, all the uses on the first floor; we got six. They got 15 on the second floor; we got 85. This is how you get to such a disparate number. They got 17 on the next floor; we got 95. They had 18 parking spaces for the next floor; we had 105; 18 versus 131. On the 6th floor, they have 9; we have 97; and on the final floor, we agree only because the rate for that floor was worked out in front of your Zoning Board from the dais and so we 're not going to take issue with that. Even if my estimate is off by a little bit, the order of magnitude is going to leave you with some 440 parking spaces that are going to be wanted by the school users, parents, teachers, service providers, delivery trucks, and so on. Some of them will figure out a way to avoid it, but many of them will simply park off site, leading to enforcement issues. I can't imagine what Publix is going to say a week into this with the -- certainly the high school students, if no others, parking off their premises. I actually have worked on a school. It's a private school in Broward County. It's a very prestigious school, and it's in a local neighborhood just like this. They actually have to have police officers out there because, unfortunately, kids are stupid, and they park in the driveways of the homes in the area of the schools. Pinecrest High School -- PineCrest is a very well -managed private school, very upper end, and yet, they cannot keep the kids -- they don't issue a parking pass, so they simply park in the neighborhood. That burden moves to be a burden shared by my clients who are impacted by it and your enforcement, who you have to pay to go out sand sort that out pretty often, if Pinecrest is any kind of indication. You see the little red vehicle representations. You see a bunch of them in the backPublix. You see a number of them in the Walgreens, and then you see some even further away in the public parking area. If anything close to this happens, you have a fiasco on your hands. The next thing that I want to do or the last thing that I want to do is show you what it looks like when a school doesn't have adequate on -site management for the arrival and departures. I went not too far away to a school that is run by an outfit that might possibly run this school. I had no idea what to expect. I went with Clipboard thinking could get some queue information and apply it to this proposed school, but what happened when I got there was I found out that they have just a little bit -- not unlike the school -- of on -site management. Almost all of the students are dropped off offsite. What you're going to see in a second when the photos start running is that there are parents parked in the travel lane, double parked. There are parents parked in other peoples' driveways. There are parents standing on sidewalks. Now this is when school is starting and letting out, so you really kind of need the sidewalks for walking. There are parents all down the roadways for blocks and blocks. You see the school, the red and white school. Mr. Diaz de la Portilla: Mr. Chairman, I'd like to object to this line of testimony just for a second. Could Ms. Hughes give us the name of the school and the relevance that this has to our application? I fail to see that. Chair Sarnofff. Could you just shore up with where this is located and tell us the size of the school? City ofMiami Page 136 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Ms. Hughes: Yes. Mater Academy East is located on 4th -- Southwest 4th Street just catty -corner to Jose Marti Park. The relevance -- I'm not suggesting that this school is that school. I wanted you to see a nearby school operated by the potential operator of this site and how they run their drop-off and pickup where -- in a situation where they don't have a lot of space onsite to deal with it. So I'm not suggesting for a moment that this is that school, but this is what happens when you -- I'm not trying to gild the lily. This is just what happens when you have people taking matters into their own hands. I mean, which one of us has not been tempted to drop our kid a couple of blocks away when we couldn't get close to a school, or in this case, there is no place. The school doesn't have a parking lot over about 20 spaces. The -- pretty close to the exact extra number of spaces this school proposes and it doesn't have a way to absorb the vehicles during the drop-off and pickup. Just by contrast, the charter schools that I've worked on have 125 to 150 queuing spaces on site. They wind that around their facility all the way around the border of their four- or five -acre site so that they can accommodate the waiting parent on site. All schools divide their arrivals and departures into two or three groups. They propose to do that. That's normal. So, in summary, as you just see the examples of what I'm talking about when on -- when traffic can't be handled on -site, I just wanted to remind you that we are not -- I am not asserting whether or not a traffic study should be done. I'm asserting that this is a tremendous amount of traffic, that the applicant knows it's too much traffic because they've gone to heroic efforts to reduce the traffic to one-third of what ITE would suggest it would be; that there is no explanation for how the other 600 dropped off students at the two Metrorail stations how those parents would fair in approaching those stations, waiting in the afternoon at those stations, where I don't know, so that they can pick up their children and leave, and no explanation for how this under -parked facility can augment or protect or insulate the neighborhood from the spillover parking. Thank you very much. Chair Sarnoff Thank you. Mr. Diaz de la Portilla: Mr. Chair, before Ms. Hughes leaves, just a couple of quick questions on cross. Chair Sarnoff. You want to do -- you want to let them present and then bring them back, or do you want to do it as they -- as the expert's up there? Mr. Diaz de la Portilla: I'd prefer to do it as the expert is up there. Chair Sarnoff Go right ahead. Mr. Diaz de la Portilla: I'll be real brief. Chair Sarnoff Go right ahead. Mr. Diaz de la Portilla: Now, Ms. Hughes, you're not an architect, are you? Ms. Hughes: No. Didl confuse you? I'm sorry. I'm a transportation planner. Mr. Diaz de la Portilla: Okay. Ms. Hughes: I do site work and -- Mr. Diaz de la Portilla: So the answer to my question is no. You're not an architect, correct? Ms. Hughes: No. No, I'm not. Mr. Diaz de la Portilla: You're not an engineer? City ofMiami Page 137 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Ms. Hughes: No. Mr. Diaz de la Portilla: You're not a traffic engineer? Ms. Hughes: No. Mr. Diaz de la Portilla: In your firm you've had occasion to hire traffic engineers; is that right? Ms. Hughes: My firm is comprised of about half traffic engineers and half traffic planners. Mr. Diaz de la Portilla: Has your firm hired traffic engineers? Ms. Hughes: Sure. Mr. Diaz de la Portilla: Are you familiar with Richard Garcia? Ms. Hughes: Sure. Mr. Diaz de la Portilla: He's an engineer, right? Ms. Hughes: Yeah. Mr. Diaz de la Portilla: He's a traffic engineer? Ms. Hughes: I never looked up his license, but I'm sure he is. Mr. Diaz de la Portilla: Your firm has hired Richard Garcia to do work for --? Ms. Hughes: We have worked together on more than one occasion. Mr. Diaz de la Portilla: Has your firm hired Richard Garcia to do work for your firm? Ms. Hughes: No. We never have, but we have recommended him to work with people in the community. Mr. Diaz de la Portilla: Are you aware of the times of arrival at the school as proposed by the applicant? Ms. Hughes: Yes. Mr. Diaz de la Portilla: Are you aware of the different intervals that we've set up? Ms. Hughes: Yeah. They're pretty common practice. Mr. Diaz de la Portilla: Have you had an opportunity to review the staff analysis of the traffic program proposed by the applicant? Ms. Hughes: No. I didn't know the staff had conducted a review. Mr. Diaz de la Portilla: Well, in fact, the staff has conducted a review. That comes as a surprise to you? Ms. Hughes: Um -hum. Mr. Diaz de la Portilla: You never looked at that? City ofMiami Page 138 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Ms. Hughes: I'm not aware of it. I didn't know it existed. Mr. Diaz de la Portilla: So you were not aware that the staff on April 29, to be exact, reviewed the parking proposal by the applicant and approved it? Ms. Hughes: No. I wasn't involved in that. Mr. Diaz de la Portilla: So you have not had a chance to take a look at the staffs review of the parking requirement to determine whether it's accurate or inaccurate? Ms. Huber: I'm going to object because he's confusing -- You asked her initially if she reviewed the staffs report on the traffic report. There is no -- and staff already advised that they never reviewed your traffic report. Mr. Diaz de la Portilla: No, no, no, no. Let me clam the question. Have you reviewed or have you looked at staffs analysis of the parking proposal by the applicant? Ms. Hughes: No. Mr. Diaz de la Portilla: So you're not aware that the staff looked at that parking proposal and deemed that the parking was adequate; is that right? Ms. Hughes: The -- someone else's conclusions about your applicant's work are not particularly material to me. Mr. Diaz de la Portilla: So you didn't look at that? Ms. Hughes: I don't even know what you're talking about. Mr. Diaz de la Portilla: Okay. So you're not aware staff actually found the parking to be adequate; is that right? Ms. Hughes: I don't -- I've already answered your question as many ways as I know how. Mr. Diaz de la Portilla: And the answer is no. Ms. Hughes: I have no idea what you're talking about. Mr. Diaz de la Portilla: Okay, so you have no idea what staff has looked at and what staffs determinations are, correct? Ms. Hughes: And I'm not impacted by it. Ms. Huber: For clarification, why don't you show her -- Mr. Diaz de la Portilla: Now -- Ms. Huber: -- the document that you're referencing. Mr. Diaz de la Portilla: Absolutely. Ms. Hughes: That's their table. Mr. Diaz de la Portilla: Right. City ofMiami Page 139 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Ms. Hughes: I've seen the table. Mr. Diaz de la Portilla: Okay. And in looking at the table that staff has reviewed and signed off on -- you see how they've signed off on it? Ms. Hughes: The notes there say that the review will take place later. Mr. Diaz de la Portilla: Have you seen the approval where it says approved there by the staff? Ms. Hughes: Have you seen the conditions? Mr. Diaz de la Portilla: Ma'am, I'm asking the questions. You get to answer them. That's the way it works. Ms. Hughes: Okay. Chair Sarnofff. Well, let's -- Mr. Diaz de la Portilla: Okay. Chair Sarnofff. -- do this, counsel. Mr. Diaz de la Portilla: That's the way it works. Chair Sarnofff. If she's -- Ms. Hughes: I'm sorry. Chair Sarnofff. -- if -- what you're doing is testifying. If she's not aware of the document, all your questions really are nothing more than trying to fill this Commission with things that you could do on closing or on your possession of the case. If she's not familiar with the document, she doesn't know the staffs recommendations, then your questions are really nothing more than trying to elicit information to us which you could do in another manner. Mr. Diaz de la Portilla: Well, I had the invitation of their counsel to show her, but no -- Chair Sarnofff. Understood. Mr. Diaz de la Portilla: -- further questions. Chair Sarnofff. Understood. Mark Alvarez: Good evening. Chair Sarnofff. Who's next? What's going on? Mr. Alvarez: Excuse me. Just give me one minute to try to get this up. I can't see it on the screen here. Chair Sarnofff. Okay. Mr. Alvarez: Good evening. I'm Mark Alvarez. I'm a professional planner. My address is 625 Northeast 50th Terrace. I hope you don't mind the presentation like this. I can't see it well enough to get it to be bigger. I'd like to talk to you about some of the site issues and the City ofMiami Page 140 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 incompatibilities with the setting and the site, and I'd like to do this in reference to the City's comprehensive plan. And just give me a second 'cause I'm going to have to read it from here. I can't see that. Chair Sarnoff Mr. Alvarez, could you give us your qualifications? Mr. Alvarez: Yes, sir. I am -- I have been a professional planner in the state of Florida for 18 years. I was -- I had my AICP (American Institute of Certified Planners) in 1996, I believe. I've worked for -- I worked both in transportation and land use. I'll be talking about land -use issues. And my resume is on file. It's in the package. It's the last appendix. Chair Sarnoff Do you have any licenses or State of Florida recognitions? Mr. Alvarez: AICP would be a state of -- not a State of Florida. It would be a national -- it's not a license actually. Chair Sarnoff Okay. Mr. Alvarez: There's no licensing for planners. The first thing I'd like to talk about is the site as far as -- there's several things that the City's comprehensive plan addresses regarding the setting or the siting of a school. And the first of those is that it should be a logical focal point for a community, and it's in the education element of the comprehensive plan, Objective 1.3 and Policy 1.3.1, which basically say, if you look at the highlights, that you would obtain suitable sites and specifically that those should be in close proximity to residential areas and in a location that would provide a logical focal point for community activities. Now certainly, we would recognize that this is near a (UNINTELLIGIBLE) -- it's near the Roads and Shenandoah -- the Roads, actually, and Brickell, so it's certainly close to a residential community. However, it doesn't really connect to that community. What it says here is that it would be a logical focal point for community activities. What we have instead is we're at a dead-end street, the school abuts 1-95; and in fact, it has no actual connection to the community, except underneath the highway. It doesn't go -- you can't directly connect into those communities. It mostly connects to the office areas ofBrickell more directly, but not so much to the communities that it serves. And in fact, just a note on the issue about being close to 1-95, as you know, this is abutting -- not only -- it's at a dead-end street, but it also abuts the 1-95 right-of-way. And one of the things I wanted to point out is that even in the design of this, on the second floor, which would be about the elevation that it actually is at 1-95, there's an open-air terrace for students to have lunch in, which seems like a remarkably bad idea with 90,000 cars per day driving by and the exhaust and so forth and the noise. This is just to show, again -- this whole point -- when you look at the aerial, you see, well, yes, it's close to residential communities. But if you had to walk to those communities or walk to the school from those communities, it's really not very close at all. In fact, it's -- you have to walk around through 15th Road from Coral Way or you have to walk under the highway along by the Metrorail, and it's -- there's no direct way into this school from the communities. The second part I'd like to talk to you about regarding the site is one of the -- another thing in the comprehensive plan is that your comprehensive plan seeks to collocate schools whenever possible with other community facilities, and that's contained in the land use section, land use element Policy 1.1.12, Objective -- and in the education element, Objective 1.3 and Policy 1.3.2. And what they're basically saying is that from a land use standpoint, from an efficiency of facility -- of the use of facilities, we prefer to have schools next to parks, next to community facilities and libraries. From even an educational standpoint, as also in the education element, this is also good for the students to be someplace close to a park where they can easily go there, where they can easily go to the library right from the school. And in fact, a number of schools in the area do this. This school has proposed that -- it has a three-mile radius with which it would draw 80 percent of its students. Andl guess --I suppose it's probably impossible to see on your screens, but the three-mile radius, more or less, encompasses everythingfrom -- let's see, from about Northwest 27th Street and Miami Avenue on the north tip City ofMiami Page 141 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 of that circle. It goes out to about just past 32ndAvenue. It goes southwest to just about here, just a little bit past City -- let's see, yes, right around City Hall, and it goes out. It doesn't really do much as far as going to Key Biscayne. Within that area, I tried to highlight in the yellow dots are all the schools -- all the major schools, not counting all the preschools. The green squares are where there are parks, and the blue dots, if you can see them, are where the libraries are. And we have a number of schools, Shenandoah Middle and Elementary being stellar among them because it's located by a park and by a library. But there are at least eight schools in that area that have collocated and more to the point, you see that there are a lot of places -- there are certainly a lot of places in that circle where we could collocate with parks that don't have schools, near libraries that don't have schools. Of course, we understand the land that was purchased is here, but from a planning standpoint, we would rather see it not on a dead-end street, somewhere in a neighborhood where it communicates with that neighborhood, where it's at the center of it and it is collocated with these parks and libraries. And just as a note, this would also be one of the largest schools in that radius. At the moment, most of the schools in this radius are in the range of 400, 600 -- you know, such as Ada Merritt is about 700; South Side Elementary, just to the north, 400. The largest one is Shenandoah. Shenandoah Middle is about 1,200. This kind of knocks it out of the ballpark and it has far less land. It's up against a dead-end street. It's on a dead-end street. It's up against I-95. It has a very small site, and yet it's larger than anything out there in that circle. Lastly, the site has some defects regarding its recreation space. And again, I'd like to talk about this with reference to your comprehensive plan and policy -- education element Policy 1.3.3. It suggests to you that for public schools, you should consider minimum size criteria for recreation facilities as recommended by the state Department of Education, and those can be found in the Florida Administrative Code, which is cited there, Chapter 65(c)22. I will note that charter schools are not required to follow this code, but if you are looking for the guidelines for your comprehensive plan, these are the guidelines. And these provide some guidelines for recreational space outdoors. And in lieu -- and it has a guideline even for an urban school so that there would be sufficient indoor space. Now it's fine that this is an urban school and it's a vertical school, that's fine, but it's got to work too. This school has absolutely no recreational space for these 1,700 students outside. And as I noted before, it's not near a park. It's close to Simpson Park, but it's about a seven -block walk, and Simpson Park is not the kind of park that's really programmed for children to use for recreational activities. It's a nature preserve. So it's not close to any park. It has no outside recreation of its own. It has one gym that's about 6,500 square feet. If you looked at the Florida Administrative Code standard for 1,700 students, they would require about 11,550 square feet of indoor recreation space for an urban school in lieu of the outdoor recreation space. This school has about 60 percent of that. It's missing quite a bit of that space. But even if you want to go beyond that, you can think of this in a sort of prachcal way. A lot of us are parents so we understand these things. In a school week, there's about 35 hours, 7 hours a day, not counting, say, a short Wednesday. There's about 35 hours. If you have 45-minute periods to program a gym -- one gym, you'd have about 46 periods per week. Even if you used half-hour periods, there's 70 periods to use that gym per week. There's 78 classes. You can't program -- you can't get every class in that school into the gym even once per week unless you doubled them up somehow. But more -- just to underscore that point, I was looking at the site for the Mater Academy East, just over by Jose Marti Park, and they have a wellness policy on their Web site that includes physical activity goals. And in their elementary physical activity goals, K-5 -- and this -- as a parent of an elementary school child, I understand they need recreation at least every day -- but it suggests there that their standard is that all K-5 have a 30-minute period at least three days a week or the equivalent of that. You couldn't do that at this school. There's just not enough facility. There's simply not enough recreation. There's no park nearby. There's no outdoor recreation space. So to wrap up a little bit, looking at compatibility and consistency with the comprehensive plan, you heard about the parking. There's a parking deficit of 440 spaces. It's not consistent with the City's code, 1305.2(2). The project is not consistent with the City's adopted Comprehensive Neighborhood Plan Policies LU -- Land Use Policy 1.1.3 and Land Use Policy 1.3.14, which basically say that you protect neighborhoods from adverse impacts from inconsistent uses and that you enforce urban design guidelines to assure that they City ofMiami Page 142 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 are consistent with the neighborhood that -- in terms of scale and impacts. For traffic, again, you heard the presentation. The same two policies apply. You would not be protecting those neighborhoods. So, again, in terms of traffic, it's not consistent with those two policies. The setting and site, I talked about it. It abuts a major highway. It's not collocated. It's not a logical focal point of community activity. It doesn't meet size criteria for recreation. Because of the traffic issues, it's not -- it doesn't provide safe access to the school because of so much potential for queuing. And there was -- one of the policies in the educational element talks about proactive coordination with the City staff which we don't believe ever happened. There's no record of it at least. And so there's just a summary here on the site location policies within the comprehensive plan and what it meets and what it doesn't, and you see there are some yeses and there are quite a few nos. There's four nos that it doesn't meet as far as policies. Thank you very much. Chair Sarnoff Thank you. Mr. Diaz de la Portilla: Mr. Chairman, just a few brief questions of Mr. Alvarez. Chair Sarnoff Go ahead. Proceed. Mr. Diaz de la Portilla: Mr. Alvarez, you're not an architect. Mr. Alvarez: No. Mr. Diaz de la Portilla: Is that right, sir? Mr. Alvarez: That's correct. Mr. Diaz de la Portilla: You haven't designed any charter schools, have you? Mr. Alvarez: I'm not an architect. Mr. Diaz de la Portilla: You haven't designed any building. Mr. Alvarez: Because I'm not an architect. Mr. Diaz de la Portilla: You're not a traffic engineer either. Mr. Alvarez: No. I'm not a traffic engineer. I do have a lot of traffic experience, but I have not tested to it today. Mr. Diaz de la Portilla: So because you're not a traffic engineer, you've never prepared a traffic study. Is that right? Mr. Alvarez: That's not entirely correct. I have been project manager in projects where traffic studies were prepared. Mr. Diaz de la Portilla: Are you a PE (Professional Engineer), sir? Mr. Alvarez: No. Mr. Diaz de la Portilla: Thank you. I have nothing further. Chair Sarnoff. Thank you. Who's next? No more video? Mr. Gibbs: No. I'm old school. City ofMiami Page 143 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnofff. I was going to say, Tucker, you've got to learn to get a computer. Mr. Gibbs: I do have a computer, but don't ask me how it works. I turn it on and -- Good evening. As you all know, my name is Tucker Gibbs, and I'm here to sort of wrap up. Andl have three points I want to talk to you all about tonight. The fact that this school in this location is not permitted as of right. I think you all understand that. Number two, the school, as proposed here, is not consistent with your comprehensive plan and you've heard evidence tonight about that. And finally, that the school does not meet the requirements for a special exception in the applicable zoning code. That's ordinance 11000. I guess you all understand that that's what you're applying tonight. Looking at this project -- and I just want to go over it briefly. It's at the end of a 25-foot-wide dead-end street, one way in, one way out. And Ms. Hughes said something and her study said something that was really, really important. Now I want you to think about a 1, 700-student school with 130 or 120-some staff going in and out of there five days a week and how much traffic does that generate. Not talking peak hours or non peak hours; total. Four thousand, two hundred and sixteen trips a day. Four thousand and two hundred and sixteen trips on a 25-foot right-of-way that also includes apartment buildings, condominiums as well, eight stories, seven stories tall. That's the crux of this issue. As she said, it's 240 percent more than a permitted office building. That's an incredible amount because you can put an office building there and that office building is only going to produce 1,754 trips, a slight difference -- andl mean that ironically -- in --from 100 --from 4,000 trips. The parking. The parking provides 145 parking spaces where 586 spaces are required. If you look at the language of your code, it says if there are no fixed seats, you count the square foot, and that's exactly what our traffic planner -- our traffic consultant did. There's a deficit of 440 spaces. Where are these guys going to park? Florida Statutes requires that any decision you make on a development order -- and this is a development order -- must be consistent with your comprehensive plan, no ifs, ands, or buts. You can't choose what comprehensive plan policy goal or objective that you can ignore. It's got to meet your entire comprehensive plan. And what we've presented here is evidence that it does not meet your comprehensive plan. I want to underscore our -- Mr. Alvarez's analysis of policy -- education Policy 1.3.1 regarding the location of public schools. This is a public school. Charter schools will tell you they are public schools. That policy talks about suitable siting, and it says you have to be close in proximity to a residential neighborhood and that makes sense. You want kids to be able to walk to school. It also says and it has to be in a location that provides a logical focal point for community activities. Why? Because people want their schools to be a focal point for the community. That's what schools are about. Go to any public school. You'll have meetings of every group from Planned Parenthood -- probably not Planned Parenthood -- but Alcoholics Anonymous to other community groups in schools in the evening. That's something that you want. You want schools to serve the community. And my clients -- Ms. Huber's clients have no objection to that. We have no objection to schools in our neighborhoods. Mr. Alvarez has young kids. Ms. Huber has a young child. I have a young child -- relatively -- andl will tell you the goal is to have neighborhood schools. But the question is, is 1,700 students with over 4,000 trips on a one-way street, is this the right place for a school to serve this neighborhood and a three-mile radius? And that three-mile radius goes to City Hall, goes to Coral Gables, almost goes to Key Biscayne. So if you want to talk about a neighborhood school or an area school and you're talking about a 1, 700-student school, that's the problem. This location is a problem. The location is the opposite of a logical focal point for community activities. It's walled off from the community. On one side, you have 1-95; the street dead ends there. On the other side, on 1st Avenue, you've got Metrorail, and you're going to start squeezing people in here off 15th Road, off 1st Avenue, and you're going to squeeze them in here. And where are they going to squeeze out to? They're going to squeeze out into the Roads. They're going to squeeze down on 1st. They're going to squeeze out on 15th, and that creates a problem. This is funneling all the traffic through the neighborhood and it is not a focal point. But a logical focal point is -- what is a logical focal point? You all said it in your comprehensive plan. In your comprehensive plan you talked about collocation. And frankly, every comprehensive plan talks about collocation of schools, charter schools, public schools with City ofMiami Page 144 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 public facilities. Share it. Share the parks. Share the libraries. Share the community facilities. But where are the community facilities? Where are the parks? Mr. Alvarez told you. There's no parks anywhere near this. There's no community facility anywhere near this. There's no library near this. This is not the right place. It is not the logical focal point. For example -- I'm just going to give you the example. This is an urban, vertical school and they're very proud of it. And they should be proud of this school's architecture, just not in this location. A vertical school is something that we talk about in downtown Miami, andl know, Commissioner Gort, you've talked about it in downtown Miami and there actually is a school, not quite as vertical as this one, but there is a vertical school in downtown Miami. And there's no problems with vertical schools, with urban schools. But as Mr. Alvarez said -- and you may not buy into the idea of recreation space, but if you want to talk about health in this community -- and Mater Academy believes in it. It's on their Web site. Health is important. Physical activity is important. I'm sorry. This 5,000 square foot gym for 1,700 students -- remember, 1, 700 students who go from K through 12. With all of the issues of mixing and matching and older kids and younger kids and segregating older kids and segregating younger kids, on top of that you've got to use a small gym for all of this. And they've got a great wellness program. We want to see that continue. This isn't the right place. Put it near a park. The project's issue is with the special exception. If you look at this -- at the provisions -- andl'm not going to go through the provisions. The bottom line is you all have your job. Your role here today is to protect the neighborhood. There's a reason why schools are special exceptions. Schools are special exceptions and they're conditional uses in this district by definition because the neighborhood needs to be safeguarded and there needs to be safeguards and conditions put on them or else they would have been permitted uses, and they're not. So what kind of safeguards can you put on in a 1, 700-student school with 100 staff on a one-way street -- I mean, on a narrow street that dead ends? You reduce the number of students or you say no. This is a great idea. You're a great operator and this is a very good operator. They've been operating schools for years, but this is not the place. I'll give you an example. You've heard about the parking deficiency and you've talked about -- heard about the traffic conflicts. Let me give you another example, just to give you a flavor of -- just one problem that I see, andl'm not a traffic engineer nor am I a traffic planner. I don't play one on TV (Television). But -- andl'm not an architect either. But I will tell you that if you look at the parking garage, just the parking garage, on one side is a condominium with residents with balconies. On the other side, there's an apartment building, my client, with balconies and residents. And here's what your Planning staff said about protecting the neighborhood. They said, screen it. Screen the parking garage. Screen it visually so you don't have to see the cars. Well, I agree. My clients don't want to see the cars, but probably more important to them, they don't want to hear the cars. They don't want to hear the car radios. They don't want to hear the kids talking about the classes and the tests they're having today or whatever. They want -- if you're going to put a parking garage there, you ought to -- your staff should have said, wait a minute. This is ridiculous. There're people living next door to this. But your staff didn't do that. What your staff did -- and this is a serious issue because you all know your job. Your job is to protect the neighborhood. You would think that your staff when it made its findings of fact and when it made its recommendations, they would do so too. I'm going to read you this because I want you to understand your staff recommendation because I'm appalled by this. And Mr. Garcia already knows this. I've told him in meetings, I think this is a pro forma staff recommendation. Findings have been made. It is found -- a little editorial comment. I love the passive voice. Nobody can take responsibility for who made this particular finding. But it is found the proposed use is compatible with and beneficial to the area by providing a much -needed service to the community and creating new employment opportunities. Yeah. I've been coming in front ofyou guys for years. I've heard that particular finding on every -- virtually every single comprehensive plan amendment and so have you. It's on every comp plan amendment. It's on everything you get in front ofyou. It's meaningless. I don't know how much it's going to help the employment. I don't know how much service -- there's nothing here but a bald -- pardon the pun -- statement and it doesn't mean anything. It has no basis. It has found the proposed new primary and secondary schools appropriate within the office zoning. It has also found the uses in scale and character with the surrounding area. I'm not going to say City ofMiami Page 145 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 anything. You've heard the testimony. Scale and character. Traffic. Residential uses. That's the most absurd recommendation -- and again, no basis for it. No evidence presented, nothing. It is found that the subordinate permits to allow greater width of access ways has been reviewed and found in compliance. It is found the proposed project was reviewed by your internal review committee and specified conditions incorporated in the recommendation. And it says that it meets all the criteria in 1305, which is a matrix which you just say yes/no and you don't provide any evidence to support that as well. It is found upon compliance with the conditions the project will not have any adverse impacts on the surrounding area, any adverse impacts. I defy the planner who wrote this to explain that there are absolutely no impacts whatsoever because that's what they're saying. So then they made their recommendations for approval with conditions. Okay, we see what the conditions are. Well, they want a unity of title. Okay, you know, they've got a building across the street. They want to make sure they can't sell one building and keep the other. That's really going to -- I don't know what that does. Well, it does a little to protect the neighborhood, perhaps. The applicant will present revised plans for review and approval by the Planning Department prior to the issuance of the building permits. I don't know where my clients get a chance to take a look at those and have impact because what you're doing is you're basically saying they can make all the changes they want, the Planning Department approves them, and you don't have anything to say about it. Urban design. They're going to provide a wider sidewalk along all street frontage. Well, that's nice for those kids walking from the neighborhood that in front of the school, there's going to be a sidewalk. I don't know where there are other sidewalks in the area, but okay. Provided the pedestrian and bicycle connections to nearby neighborhoods and where bicycle parking will be located. So they show where bicycle parking will be located, okay. And then architecture. It's going to be screened, and the garage will be screened to avoid light spillover and prevent views of cars and mechanical equipment. Nothing about noise. And then finally, present a sample photograph of the proposed garbage -- excuse me, garage screening materials and then a landscape plan. Not once in here was a recommendation by your Planning Department to create a traffic study. Not once. A traffic study that we asked for -- that I asked for in front of the Planning Board -- or the Zoning Board, excuse me, last March, which we received -- Mr. Diaz de la Portilla is absolutely correct -- exactly ten days ago, last Monday afternoon late. Spoke to Mr. Garcia; he hadn't received it several days later. Oh, it was in February, excuse me. Oh, the report -- and by the way, the traffic report was dated in February of this year. Planning Department gets it ten days ago or less than ten days ago; we get it ten days ago. Classy. Finally, the locate -- I talked about the location of the garage and the fact that there is no protection. The proposed charter school has not changed since it was proposed this year. We've met several times. We've told them that our problem is number of students. They have said they cannot, for whatever reasons -- andl understand it's economic -- change their number of students. But we've been consistent. My clients have always said this has been in the wrong location, it doesn't fit, and it's too big. It doesn't provide a logical community focal point. It doesn't protect the surrounding area from the negative impacts of excessive noise, fumes, odors, and traffic, as required by your code. And therefore, it should be rejected. We would urge you to reject this application. Let the applicant come back with a new application that's an area that is not bisected by a street, one that is not located on a dead-end street, not one that's on a 25-foot-wide street, one that has multiple access points so traffic doesn't funnel through a residential area to access the institution; and one that adequately houses the 1, 830 plus students and staff. Before I finish, I wanted to respond to two issues that Mr. Diaz de la Portilla brought up. He spoke of a parking study when he asked Ms. Hughes questions. Andl wanted to put this in the record because the sheet that he was using -- andl'm going to show it to you, butl will put it in the record -- was the actual cover sheet for the plans. The City always requires on a cover sheet of plans you to provide a data, a chart of the data, and that is what this is. This is a data sheet that has this information. This is not a plan. It's not a parking study. It says the app -- this is the applicant's position on how many parking spaces they have and that's what -- that's all this is. It is not a study, andl don't want you all to think that it was a traffic study of some kind or a parking study. And finally, they talk about this shuttle, this wonderful shuttle that's going to shuttle these 600 kids from -- back and forthfrom Vizcaya station and Brickell station. There's no evidence that they presented in the record. City ofMiami Page 146 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 There's nothing there that tells you that this shuttle is legal. The use of a Metropolitan Dade County Metrorail station as a drop-off and pickup point for a public school, I don't know if they've talked to the County. I don't know if they've received any opinion from the County attorney's office or from the people at Metropolitan Dade County Transit, but the fact is you should not be able to -- you should not rely on just a presentation saying this is what we're going to do without any factual basis that they actually can do this. Therefore, I thank you very much and look forward to a vote in favor of our appeal. Thank you. Chair Sarnoff Thank you. Mr. Diaz de la Portilla, you're recognized. Mr. Gibbs: You're not going to cross-examine me, are you? Mr. Diaz de la Portilla: What you said isn't testimony, so no need. Mr. Gibbs: Thank you. Mr. Diaz de la Portilla: Miguel Diaz de la Portilla. Again, I'm an attorney with Becker & Poliakoff offices at 121 Alhambra Plaza, 10th floor, in Coral Gables, Florida. I'm here on behalf of the applicant and on behalf ofMater Academy, which will be operating this world -class, terrific school andAcademica as well. Before I start, I'd like to introduce some of the people who will be speaking to you today. With me is Mr. Fernando Zulueta. He is the founder ofMater Academy and ofAcademica. If Mr. Zulueta would please stand up. Applause. Mr. Diaz de la Portilla: We also have with us Mr. Antonio Roca. He is the president ofMater Academy. Mr. Roca. Applause. Mr. Diaz de la Portilla: Our architect and urban planner is Mr. Rolando Llanes, from the -- from Civica. Applause. Mr. Diaz de la Portilla: Civica is an architectural and urban planning firm, and as you all are very aware, the City has used Mr. Llanes in many, many projects as an expert, including the Marlins parking garage as well. Also with me is Mr. Richard Garcia, a PE in the state of Florida and a traffic engineer. Mr. Richard Garcia -- Applause. Mr. Diaz de la Portilla: -- formerly with District 6, which is the district that corresponds to the City ofMiami and this area with the Florida Department of Transportation. Also is Mr. Ray de la Cabada, who is the president of the parent association for Brickell Prep. Applause. Mr. Diaz de la Portilla: And two more people. Finally, I have Iris Escarra, who is the attorney for the parent association and an attorney with the firm of Greenberg Traurig as well, and she'll be assisting me. Applause. Mr. Diaz de la Portilla: And finally, with Civica, the architecture and urban planning firm, there City ofMiami Page 147 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 is also Mr. Eric Fresen, who will address you briefly. I -- he was here earlier. I don't see him right now in the room, but he will be here as well. We are here today seeking approval for a special exception to build Brickell Prep, a K through 12 state-of-the-art, world -class, tuition free college preparatory school run by Mater Academy, a nationally -recognized company that has received rave reviews nationally for doing a couple of amazing things; educating kids who are ready for college and having those kids who attend those schools actually enjoy learning. Mater Academy will serve the under -served families of the South Miami Avenue area, the Brickell area, and the Roads and Coral Way communities. I want to bring out a board that will show you what the current school situation is -- and ifI may go around. At Mater Academy everything is a teaching moment, and a City zoning hearing is also a teaching moment. Applause. Mr. Diaz de la Portilla: Thank you. And the board -- and I'll hold it and just point to it and we'll get an easel to hold it and make it easier. The yellow circle in the middle that am pointing - - that am about to point to as soon as the easel is set up is the proposed location for the Mater - - for Brickell Prep, K through 12. This map shows you the distance of the schools that serve the children and the families in the Roads, in the Brickell area and in the South Miami Avenue area. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. You're recognized. Vice Chair Carollo: Quick question. Does that include private schools? Mr. Diaz de la Portilla: No. This is public schools. And by the way, Brickell Prep, again, is a tuition free public school, not the private schools. And there are many private schools in the area with tuition ranging from 4,500 to $25,000 a year. The public schools that serve this immediate area, if you want to talk about high school, you have Miami Senior High, 3.2 miles away. You have Coral Gables Senior High at 4.8 miles away. In terms of elementary schools in the area, Coral Way is 1.5 miles away, but it has 1,600 students, portables in the fields. In fact, I'm very familiar with the area. That's where I grew up. My family and my parents live right across from Coral Way Elementary. Silver Bluff 3 miles away -- Silver Bluff Elementary. Coconut Grove Elementary, 4 miles away. Riverside Elementary, 1.5 miles away. Southside Elementary, .2 miles. It's the closest, but again, overcapacity. Now the Downtown Development Authority used good consulting to take a look at the need in this area and the determination was that as of 2010, you would have a shortage of approximately 3,000 student stations just in the Downtown Development Authority's boundaries. When you throw in the Roads and all those residential condo buildings that have been built on Coral Way, the need is somewhere between 5,000 and 6,000 student stations. And Mr. Zulueta will speak to that in a second and add more detail. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. You're recognized. Vice Chair Carollo: One more questions. Where is Mater Academy East in that map? Mr. Diaz de la Portilla: Mr. Zulueta. Fernando Zulueta: Good evening. Fernando Zulueta, with Academica Corporation. Mater Academy East is right over here under the -- right next to the Miami River. Vice Chair Carollo: So it's within the circle? City ofMiami Page 148 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Zulueta: Oh, absolutely. It's within the circle. It's also at capacity. It doesn't have any student stations available. Vice Chair Carollo: Right, but you're not showing it there. Mr. Zulueta: It's -- what this is is assigned school proximity map. Let me explain. These are -- the way the public school system works is that folks who live somewhere are assigned to a school based on a neighborhood where they live in, so that's a very key point. These are just assigned schools. Clearly, there are other schools, like you referred to private schools. They're not assigned. You get to pay to go to those if they have space. And then there are some magnet schools that are available and charters. Those are called choice schools, but no one gets assigned to them. They have to choose to go to those schools. So what's important to understand here is that the people who actually live in this area are assigned to certain schools. If you live south, if you live here in the Brickell area, you get assigned to Miami Senior High. That's it. That's your high school. There is no other. If you live -- and then you're assigned to one of two middle schools. Miami Senior High, by the way, is at capacity. There is -- so every time a new resident moves in, gets his child assigned over there, you're overcrowding that school further. But that's high school. Now middle school, the way that works, there are only two that serve the residents of the Brickell area, and that's Shenandoah Middle, which is 2.2 miles away, but then everybody that lives south of Coral Way, you know, where it breaks 3rdAvenue and breaks and hits Brickell Avenue, this portion, they all get assigned to Ponce Middle, and that's off the map because that's six miles away. So keep in mind that's already full, too, by the way. It has very few available student stations, but the kids who live here, the parents, unless they find something else -- and you hit the point on the nose, Commissioner Carollo. If they're lucky enough to get into Mater Academy, they got a school, a middle school. But guess what? They don't have any space at Mater Academy for them unfortunately. Otherwise, they have to go six miles away to Ponce and get bused or -- and by the way, they got to drive through the Roads and -- or these neighborhoods to get there. Vice Chair Carollo: Well -- Mr. Diaz de la Portilla: Andl was going to have Mr. Zulueta come and address it further, Commissioner. But if you'd like to ask additional questions, since we have him up here, we can do that and kind of cut to the quick on this board. Vice Chair Carollo: Yeah, definitely. I just -- I mean, when we talk fairness, I -- you know, it seems like that map's a little deceiving because I see that big Brickell Prep, you know, in the smack middle of the circle, yet East Mater Academy should be also pointed out there. And -- Mr. Diaz de la Portilla: Excuse me. Assigned school proximity map. And was going to place it in the context when I called Mr. Zulueta up. But again, these are the assigned school. Mater Prep is not an assigned school. And as Mr. Zulueta has testified, it's over capacity. Mr. Zulueta: Let me clam something for you. Mater Academy does not have a preference boundary, but your Zoning Board requested and we agreed and we can do by law is put a preference boundary for Brickell Prep so you can effectively make it the equivalent of an assigned school because only the folks living within the preference boundary -- or well, the majority -- the folks living within the preference boundary now have a preference to attend. So that -- therefore, you can actually direct it to serve the underserved, which are the people living here. You can do so by law and your Zoning Board placed that type of a condition on the approval and we agreed to that condition. So that's why it is relevant in one very critical way is that there really are no -- other than Shenandoah and Ponce, there really are no six through eight programs available right now for the parents who move here on an assigned basis. They get assigned -- most of them get assigned to Ponce. That's six miles away and in a different city. That's not even in the City ofMiami. City ofMiami Page 149 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Unidentified Speaker: Yep, Coral Gables. Vice Chair Carollo: And my point was -- and again, I'm not an architect. I'm not an expert in schools. I'm not an engineer. I'm not a traffic engineer. Mr. Diaz de la Portilla: But you're not providing expert testimony here either, Commissioner -- Vice Chair Carollo: No. Mr. Diaz de la Portilla: -- so we -- you're the Commissioner. Vice Chair Carollo: I'm just providing, you know, common sense. And what I'm seeing there is that it appears that there's only one school in that circle when, in reality, there's a lot of other schools. They're just private or charter or so forth. But that map makes it seem like there's no other school. Whether it's assigned or not -- I don't know the technical terms. What assigned is, I would imagine, is a Dade County school -- it's a public school where, you know, you do get assigned, but the reality is there are a lot of schools there. And by the way, will Brickell Prep be an assigned school? Mr. Diaz de la Portilla: We're going to get into that in a second. Mr. Zulueta: That's the condition I referred to. Obviously, no one would be assigned to that school because they have to choose to go there, but they can be given a preference if they live within a certain distance of the school. The other schools you're mentioning are wonderful schools, but they're not assigned, meaning you can attend but anybody can attend from anywhere in the County. And that's why there's a very special distinction between an assigned school and one that isn't. And that distinction is assigned schools are supposed to serve neighborhoods, so keep in mind that the school -- the middle school that serves this neighborhood is in Coral Gables, six miles away. That doesn't mean that there are not other schools. They're just not -- the children here that live here don't have the right to go to that other school. They may be able to get into that other school, but they don't have an absolute right. And it may be a great school, but they don't have a right to go there. That's all. That's what the significance of that. Mr. Diaz de la Portilla: And additionally, the schools may be, you know, over capacity. And again, we mentioned the private schools tuition ranging anywhere from 4,500 to $25, 000 a year. The other significant thing that wanted to point out in this particular board, which is the assigned school proximity map, is that in looking at this, most of the children and the families of -- the families who are the parents of those children, if they are sending their children to the public schools that are assigned, would have to drive west across the Roads community and across the Roads neighborhoods in order to get to these schools because, again, the assigned schools are west and north of the downtown, Brickell, and Roads areas. So that's the only other point I wanted to make with that board. And I'll ask Mr. Zulueta to sit for a second and we'll bring him back up as we move along. The next thing want to point out to you is the legal context that brings us here. And we start with Florida Statute. Florida Statute 1002.33 regarding charter schools. It talks about school capacity and who's eligible. And you've heard a lot of testimony about how many students, if it's going to be 1,700 students, and we are proposing a 1,700 student K through 12. But according to state law, Florida Statute 1002.3310(h), the capacity of the charter school shall be determined annually by the governing board -- meaning the governing board of that charter school -- and in conjunction with the sponsor -- the sponsor is Miami -Dade County Public Schools -- of the charter school in consideration of the factors identified in the subsection. So under state law, how many students a school has is purely within the purview of the charter school board and the sponsor, which is the Miami -Dade County Public School System. Respectfully, this board -- this board meaning the City Commission -- doesn't have the authority to determine the capacity and the number of students that can go in the school. State law preempts you and that's Florida Statute 102.33 [sic]. Any more than you City ofMiami Page 150 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 can tell a regular -- another regular public school noncharter how many (UNINTELLIGIBLE) have in their schools or not, whether they're within City boundaries or not. I just wanted to place that before you for the record so that we can place this application in context. The next thing -- Chair Sarnoff. Are you saying that this -- excuse me -- but are you saying that this Commission cannot take into consideration the number of students in determining whether it fits within the neighborhood? You think that usurps our right? Mr. Diaz de la Portilla: What I'm saying is that Florida Statute -- and I'm not saying it; Florida Statute is saying it specifically. But capacity of the school is determined by the sponsor and the governing board. Chair Sarnoff. So the -- Mr. Diaz de la Portilla: You can impose conditions not related to capacity and l'II get to that. I'm trying to -- Chair Sarnoff. Okay. Mr. Diaz de la Portilla: -- start with the state framework and work my way down. Chair Sarnoff. So what you're saying you'll inevitably answer the question. Mr. Diaz de la Portilla: I will get to it. Chair Sarnoff. Okay. Mr. Diaz de la Portilla: I'm just trying to go in order from state statute, Mr. Chairman -- Chair Sarnoff. I got you. Mr. Diaz de la Portilla: -- to comprehensive plan to zoning code and the review criteria that you have before you. The next thing that I'd like to bring forward (UNINTELLIGIBLE) Florida Statute is the coordination of planning with local bodies, and that's Florida Statute 113.33 and (13). And what that says is that a local governing body, meaning the City ofMiami, in this case, Commission and City ofMiami, may not deny the site applicant based on adequacy of the site plan as it relates solely to the needs of the school. If the site is consistent with the comprehensive plan's land use policies and categories in which public schools are identified as allowable uses, the local government may not deny the application but it may impose reasonable development standards and conditions in accordance with Section 1013.511 and consider the site plan and its adequacy as it relates to the environmental concerns, the health, safety, welfare and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in this chapter of the Florida Building Code unless mutually agreed and consistent with interlocal agreement required by subsections 2 through 8. And I'll place that in further context as I move along in the presentation, again, for the sake of brevity because we do have a number of speakers and know you've already listened to an hour and a half on the side of the appellants here. Chair Sarnoff. But you will get to what reasonable development standards are? Mr. Diaz de la Portilla: Absolutely. Chair Sarnoff. Okay. City ofMiami Page 151 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Diaz de la Portilla: And I'm heading there -- Chair Sarnoff Gotcha. Mr. Diaz de la Portilla: -- with all deliberate speed. Chair Sarnoff I got you. Mr. Diaz de la Portilla: Now I'm getting to your comprehensive neighborhood plan's policy, Land Use Policy LU 1.1.12. And in order to encourage the development and maintenance of educational facilities in the City ofMiami, the City's land use policies permit schools in all land classifications except conservation, public parks and recreation, and industrial. And the key there is that, again, you want to encourage schools because schools are public infrastructure, particularly a public charter school, which is what we are, in all zoning designations. Now we want to talk about what this property is designated. Well, we're designated on your neighborhood plan, comprehensive neighborhood plan as restricted commercial. Under the restricted commercial designation -- again, because your plan allows schools in all zones except conservation, parks and recreation, and industrial -- a school use is an allowable permitted use. And we're going to talk about the site now in a second. We are located off of 17th Road and Southwest 2ndAvenue; 1-95 to one side, 17th to the other, and a number of high-rise buildings in the area, andl'll show you a close-up that'll show who is around us and what exactly is around us. And again, 1-95 on one side, 17th Road on another. This is our proposed -- what I'm pointing to on the south side is the parking garage of Brickell Prep. What is on the north side is the administration and school classroom space and facilities. We are surrounded by high-rise building, which are the ones immediately to our east; on the north side are approximately seven stories, which is the same height that we're proposing for our building. The building of one of the objectors, which is right next to us, is approximately 14 stories, twice our height. And the building immediately behind us -- andMr. Llanes will get into more detail -- is approximately 22 stories, considerably taller than our building. And this is a view from the south. Now I'll give you a little bit of the procedural history of how it is that we got here. We got here because after talking to numerous parents and families in the area, the people wanted a school, a free -- tuition-free, excellent school in their community, in their neighborhood. People realized that after paying indirectly -- but after developers paid tens of millions of dollars in school impact fees when there was a building boom in the Brickell and Coral Way areas, that not a single public school station was built and has been built in the last ten years, so they wanted something. They wanted a public school, an excellent public school available to their children and in their neighborhood. And so we filed our application and met with staff and staff extensively reviewed our special exception application and gave us a positive recommendation. With that positive recommendation, we went to the Zoning Board. And the same objectors were there making the same arguments, making the same objections, and those objections and those arguments were rejected by your Zoning Board, 6-1. So a near unanimous decision of the Zoning Board recommended and granted rather approval of our special exception application. The objectors filed their appeal and that's what brings us here, and we're here with your professional staff's strong recommendation of approval. And your staff as you've seen in your packets, is recommending denial of the appeal. Now you've heard an appeal that has failed to provide you with any competent substantial evidence to support a denial, and we'll get into that in detail as our architect and planner and traffic engineer andMr. Zulueta come up. But what we're proposing here is to address the needs of the many and not the wants of a few . Applause. Mr. Diaz de la Portilla: I mentioned the City's comprehensive plan and the land use policy. You also have in your comprehensive neighborhood plan education Policy 1.7.1, and it says the City shall coordinate and cooperate with Miami -Dade County Public Schools, the state, municipalities, and other appropriate agencies to develop or modify rules and regulations in City ofMiami Page 152 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 order to simplify and expedite proposed new educational facilities and renovations. The policy is one to encourage, to simply, to expedite, to make schools happen, not to thwart or slow down or keep schools from coming. The property is zoned O for office. And again, under that zoning district, primary and secondary schools, like Brickell Prep, are allowed uses. I've already pointed State Statute 1.--1013.33, which again tells you about coordination. And if we meet the burden of showing that we are consistent with the plan, as your staff has found us to be, with your neighborhood plan as your staff has found us to be, if the zoning is appropriate, as your staff has determined, that you can impose reasonable conditions, but you can't deny the application. That discretion isn't there. And let me talk a little bit about case law now on that. Now generally, there's a distinction in case law between a rezoning and a special exception. This is a special exception, not a rezoning. In a rezoning, the applicant -- in that case, it would be us if this were a rezoning -- would have the burden to clearly establish a right. In a special exception, if we meet the code requirements -- and your staff and your staffs professional report which is -- and constitutes substantial and competent evidence says we do and our experts will further attest to that and buttress that positive staff recommendation -- then the burden shifts to the City to show by competent substantial evidence that the special exception is adverse to the public interest. And the case that is most on point regarding what those -- what that really means in the real world is the Conetta case, which I will quickly cite. Chair Sarnofff. Do you have an extra copy of the case that --? Mr. Diaz de la Portilla: I do actually. This is your copy, Mr. Chairman, andl think we have copies -- we have copies (UNINTELLIGIBLE) board member and for your staff and City Attorney as well. But I'll highlight the key points, and obviously, you can read the case as well at, you know, your leisure at some point. But what was most on point factually between the Conetta case and our case -- and the Conetta case, by the way, is Conetta versus the City of Sarasota, found at 400 So. 2nd 1051, 52-53. It's a Florida 2ndDCA (District Court of Appeals) 1981 case. The key point is that the objection in that case, the objection of a large number of residents, which isn't what we've seen here, of the affected neighborhood are not a sound basis for the denial of a special exception. Numerous objections by adjoining landowners cannot even be given cumulative effect. And Conetta went on to say that a mere poll of neighboring landowners does not serve to assist the board in determining whether the exception applied for is consistent with the public convenience or welfare or whether it tends to devaluate neighborhood property. So the mere fact that you have some adjoining property owners, who, I may add, do not actually live on the property in most instances, that is not alone enough to constitute substantial competent evidence that would support the denial of a special exception. And again, Conetta clearly distinguishes between a rezoning, which we're not, and a special exception, which is exactly what we are. Chair Sarnofff. So you're citing Conetta for the proposition no matter how many people come up here and object, that cumulative effect cannot affect this board. Is that fair? Mr. Diaz de la Portilla: Among other things. It says more than that. I didn't want to read the entire case, but I gave it to you all so that you all can review it and give it whatever, you know, consideration you may want. I don't want to bore you all with case law 'cause there's -- you know, I've got plenty more and I'm trying to go as quickly as I can -- Chair Sarnofff. All right. Mr. Diaz de la Portilla: -- Mr. Chairman. So now we get to the issue of compatibility and the standard of review that your professional staff and your extremely highly qualified director looks at under Section 1305(2) and all the pertinent subsections of same. To address that and those issues specifically, again, I make reference to the record, which includes professional staffs recommendation addressing each and every criterion in that design matrix under 1305.2. But at this time, I would like to call Mr. Rolando Llanes to address specifically and walk us through City ofMiami Page 153 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 1305.2, which is a standard of review, and talk a little bit about the building, the site, how it functions, what it is. Mr. Llanes, if you could briefly just tell us your credentials, just very briefly. Rolando Llanes: Absolutely. Thank you, Mr. Chair, members of the board. My name is Rolando Llanes. I'm a principal of Civica architects and urban designers. I have been a registered architect in the state of Florida since 1990. I have a bachelor's degree from the University ofMiami, a master's degree in architecture from Princeton University. I have been focusing on educational facilities architecture for a good part of the last ten years. And in that time, I have designed and have had built over 25 school facilities that are occupied right now, with all due respect, not by stupid students, but by pretty smart kids. Applause. Mr. Llanes: Andl would say that -- Chair Sarnoff Wait, wait, wait, wait. Let's -- I let it go on 'cause I don't want to offend anyone, but it doesn't really suit you or help you to clap to do that. And I don't want to have to clear anyone out, so don't do that any further. It's not going to facilitate your argument. It's not going to facilitate what you need to do. Please continue. Mr. Llanes: Thank you. Mr. Diaz de la Portilla: Mr. Chairman, before Mr. Llanes continues, just for the sake of order. I'd like to ask those folks who are here in support of the application to stand up and ask them to refrain from clapping, hollering, cheering, jeering, booing, or whatever else. Chair Sarnoff Andl appreciate that, counsel. Mr. Diaz de la Portilla: Yes. If you all may -- all of those in support in the room, please stand up and be recognized. Thank you. And they will come up and speak as the hearing progresses. And please refrain from clapping and any show of -- Chair Sarnoff Commissioner Gort asked for something -- Mr. Diaz de la Portilla: Yes. Chair Sarnoff -- and it's a reasonable request. How many of the people that just stood up actually live within that neighborhood? Mr. Diaz de la Portilla: Whoever lives in the area, please stand up. Chair Sarnoff All right. Vice Chair Carollo: And Mr. -- Mr. Diaz de la Portilla: And in the back standing -- Chair Sarnoff And wait, wait. Stay there 'cause now we have the Vice -- the Vice Chair would like to ask -- Vice Chair Carollo: No. Actually, when they come up to speak, if they could say their address for the record so we'll see exactly where they are and it will be on the record. Mr. Diaz de la Portilla: Excellent. Mr. Llanes, please go ahead. I tender Mr. Llanes as an City ofMiami Page 154 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 expert in architecture, urban planning, and particularly school design. Mr. Llanes, please go ahead. Mr. Llanes: Right. And as I said just to recap, I've designed and built -- or not built but has had built over 25 school facilities in Miami -Dade, Broward Counties, City ofMiami. In fact, there are four facilities that designed that are currently operating in the City ofMiami with many, many students. I venture to guess over 10,000 students are under roof in facilities for which I am responsible for and so I take that very seriously. I wanted to also say very briefly that some of you may remember -- and this -- andl'll relate this to this very quickly in 20 seconds -- my involvement in -- andl'll link it to what we're talking about in a second -- and Commissioner Gort, you will remember this. Many years ago, when together -- working together we tried to preserve one of the great traditions of the City of Miami, which was Maduro Stadium, the Miami stadium. It didn't happen. And what I'm here to say is that traditions are hard to build and even more painful to lose, but -- andl think that this project is the beginning of the establishment of a great tradition in the City ofMiami. As this neighborhood grows, as this community grows, as you have seen it already, these kinds of projects, I think, will become more of the norm than the -- than not. So with that, I think, if you'd like, what I could do is initially put to rest the discussions regarding parking. I think that's one of the issues that has been brought up. Mr. Diaz de la Portilla: Could you please walk us through the parking analysis? Mr. Llanes: Very important point to make about (UNINTELLIGIBLE) -- and that is that the staff applied to this project a very rigorous parking standard, and let me take you through how that work. In this sheet, which is in the submitted drawings, you see the parking calculations that are applied to these kinds of schools in the City ofMiami. Andl have done four schools that are built in the City ofMiami and operate and work with others that are also located in the City, and in every time that we have designed a school and gotten permission to build a school, built a school and operated a school, this is the parking code that was applied. So I don't know where their numbers are comingfrom, but they're not comingfrom your code. And let me tell you how your code works and how it was applied in this case. The code is pretty straightforward. It says there's -- you are required one parking space per classroom. We have 78 classrooms. Then it applies parking on the basis of fixed seating and parking on the basis of areas of movable seating. Now the staff applied that to the assembly area that we had in the building, so you already have your parking for your classrooms, which is one per classroom. And then we had to do a very -- a series of options to look at the most rigorous layout for parking -- for -- rather for seating in the assembly area of the gymnasium and it has two types of seating. It has fixed seating and it has an open area, which is in essence the court, which would be also an area where you could actually lay out non fixed seating. And when you look at the way that that works, you see here in the formula that you have -- you apply the formula for fixed seating, which is -- you know, once you get your numbers prorated by grade levels, et cetera, you will be required to have 31 spaces in this particular building assigned to those fixed seats. Then you have another category, which is area of (UNINTELLIGIBLE) seating. And when you do that formula and you apply it and you prorate it for the grade levels, et cetera -- and again, this is how we've done it in the past and how your staff has applied it in the past -- you get another 36. When you do the math, you get a requirement of 145. We're providing 146. But I'm going to give you two more layers of a sense of security regarding parking because we do this every time we design a school, whether it's in the City ofMiami, in Miami -Dade County, or in any other municipality in Miami -Dade or Broward for that matter. And that is that we look at the state standards for educational facilities, which are, in fact, embedded in the Florida Building Code, Section 423, okay. And Section 423, which, by the way, charter schools are exemptfrom -- so we do not, in designing a charter school, have to abide by Section 423 of the Florida Building Code . However, we can choose, if we'd like, to design a school based on those standards. Once we do that, it incorporates a parking requirement that applies to public schools, which charter schools technically are public schools. City ofMiami Page 155 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff Can I ask a question? Mr. Llanes: Yes. Chair Sarnoff If what counsel earlier said is correct -- andl don't know that it was and you'll tell me in a moment, Mr. de la Portilla, whether it is -- if you have not told or you have not established how many children will be in each grade level, then how can you come up with the parking requirement? Mr. Llanes: No. Yeah, well, we have because staff told us to do that. And the appellants had access to this from day one. Chair Sarnoff So you're saying you have established the number of children? Mr. Llanes: Absolutely. This -- Chair Sarnoff All right. Mr. Llanes: -- prorates the number of students in each grade level -- Chair Sarnoff And -- Mr. Llanes: -- by elementary, middle, and by high school. Chair Sarnoff Can you vary from that number? Mr. Llanes: Can you vary? Chair Sarnoff Yes. In other words, could your school then vary from that number? Mr. Llanes: You have some flexibility and it's built in to your code to do that, absolutely. Mr. Diaz de la Portilla: IfI may approach 'cause the board is a little small. Chair Sarnoff Sure. Mr. Diaz de la Portilla: The numbers are hard to read. But if you see grade levels K through 9 and it lists the number of fixed seats at 308 and the parking required. Then 10 through 12, it lists 92 fixed seats and the number of parking spaces required. Chair Sarnoff Can I equate a fixed seat with a child? Mr. Llanes: It's based on a percentage. If you notice, K-9 -- and the code is a little tricky because it's an older code. It goes K-9 and 10-12, even though high school is 9-12, right. So if you look at this, K-9 accounts for 77 percent of the student body; 10-12, 23. When you equate that to the current reading of what a middle school, elementary, and a high school is, it's actually 70/30. So those are your numbers. Chair Sarnoff But if -- so what you're saying -- what they said was factually incorrect, and that is you have not established or -- you have not refused -- I'm trying to think of how it was said. I think it was that you have refused to provide the exact number of children that will be in each various grade level. And you're saying that you're counting -- Mr. Diaz de la Portilla: These plans are very specific to that. City ofMiami Page 156 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff. So you're counting seats and those seats will have chil -- or should have children in them? Mr. Diaz de la Portilla: Absolutely. And what we're saying is that that statement made by the traffic consultant and others who testified on behalf of the applicants were wrong. But -- and the numbers are right here and very clearly, which is why I brought the chart up. It's very hard to read from the distance that it is from the dais. Mr. Llanes: To finish that point, when we design a school in the City ofMiami, it's different than when we would design a school in the city of Hialeah or in Miami -Dade County because they apply to us their specific parking codes. Given that, we've learned enough by having done 30 of these facilities to always look to SREF (State Requirements for Educational Facilities), always. Why? Like I said before, we want to make sure that we are at or exceeding the requirements of SREF. Mr. Diaz de la Portilla: Hold on for a second. Mr. Llanes, please explain for the benefit of the board what SREF is. Mr. Llanes: State Requirements for Educational Facilities. As a said before, it's a component of the Florida Building Code that governs public school design and private -- public universities as well. It has a parking component in it. However, charter schools are exempt from SREF, but that doesn't mean that we don't look to it in case -- in some cases we want to apply it. But it's also good practice. And one of the reasons is it sort of belts and suspenders argument is that when we applied SREF to this, we got a requirement of 136 spaces so -- Mr. Diaz de la Portilla: Let me stop you there for a second. Under SREF, you'd only need 136 spaces. Mr. Llanes: Correct. Mr. Diaz de la Portilla: We're providing in the plans that were submitted were 146. Mr. Llanes: Right. And SREF, ifI may --I'm sorry to bore you with this. It's very simple. You look at the number of staff, you look at one visitor parking space for every 100 students, and then you look at one parking space for every 10 students in 11 th and 12th grade. And once you do your prorated formula, which we have here, that's how we get that formula. Chair Sarnoff. So let me -- Mr. Llanes: And by the -- Chair Sarnoff. -- ask a question 'cause I'm struggling with a little common sense. You have -- if I remember correctly -- I took my notes as best I could -- 80 to 110 staff members? Mr. Llanes: No. We are projecting 93 staff members. It was 80 -- Chair Sarnoff. Even better. Mr. Llanes: -- to 100 at the time. It's projected to be 93 -- Chair Sarnoff. Even better. Let's use the word ninety. How do you --? So those 90 would not park in this parking garage? Mr. Llanes: Well, absolutely, yes. City ofMiami Page 157 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnofff. And that would then leave you what, 40 -- say 50? Mr. Llanes: Correct, 56. Chair Sarnofff. And those 56 parking spaces would satisfy grades -- I'm assuming kids drive from llth through 12. Mr. Llanes: Yes. Well, some, not all. And remember, in this case, this school is -- Mr. Diaz de la Portilla: And just a real good point on that 'cause we're going to get to that too. The difference between the charter school and a regular public school is that unlike a regular public school, we have something called a parental contract. In that parental contract, we can impose all kinds of conditions, and I'm going to get to that as we go in the declaration of restrictions that we're proffering. It limits the total number of students who could actually park in that garage to, I believe, 35 -- 34 is the number that we have. So we -- and we can do that and we can enforce it by contract, which is one of the beautiful things of a charter school, as long as -- and we can enforce a number of other things that a regular public school can't do. Chair Sarnofff. Does that, though, just limit the child from parking on the school or does that limit the child's ability to get to the school and park? Mr. Diaz de la Portilla: Driving and -- driving a car and having a pass that allows them to be anywhere near the school, and it's enforceable to the point that if there is noncompliance -- and we'll go into more detail on that -- Chair Sarnofff. Okay. Mr. Diaz de la Portilla: -- the child can be expelled from the school. And that's one of the things that the charter school gives you that the regular public schools don't. We're going to get into detail on all that and the parental contract, as well as the covenant that runs with the land that binds us to all these things. But I'll let Mr. Llanes -- Mr. Llanes: Yeah. Mr. Diaz de la Portilla: -- continue. Mr. Llanes: And let me stress to your point to clarify. In this case, given the breakdown that we have and the percentages that was imposed on us by staff okay, SREF in this case would require us to have 26 parking spaces for students, 26; one for every 10 students in 11 th and 12th grade. One for every ten. When you do the math, it comes out to 26. In fact, the -- and so we exceed that because in this case, the school's actually setting aside 30 and you have still overage of spaces, et cetera. Now I might add too anecdotally that you are considering, in fact, in your current Miami 21 plan adopting the language in SREF, and l think that's on your agenda for later today. So that's actually going to be embedded in your code. So as --from a belts and suspenders argument, there you go. We had a requirement of 145, providing 146. We exceed the state standards. Andl might add one last thing, and this is important because this is another layer of scrutiny that we give our projects and that is we use the Miami -Dade County code, and the reason we do that is that some municipalities have adopted the Miami -Dade County parking code for schools when applying it to charter schools. That requirement is 141 in this case. So 146, 141, 136, it's all in that range. Andl can also attest to the fact that the thirty -some facilities that I've -- or more than designed, twenty -some facilities that had built are all in that range when you look at the grade level distributions from school to school. So that's data that's real time. That's not a guess. That's not guesswork. That's data that I can point to in buildings. And I might also add one last thing. This is an e-mail (electronic) that was sent some time ago when this was being discussed with staff. And ifI could -- if you could indulge me, this is from the City ofMiami Page 158 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Planning -- Zoning Department, the Zoning director. I just finalized the -- this is to staff and so on regarding this issue to make sure that they were applying the most rigorous standard. I just finalized the review and have accepted Rolando's Option B as it is the most intense situation. Option B did not result in a change to the plans or to the zoning write -up. Option B is what is here before you today, the application of that formula to this building. Chair Sarnofff. Whose e-mail were you referring to? Mr. Llanes: This is Lourdes Slazyk to her staff and to the Planning director and to -- Chair Sarnofff. When Lourdes was here? Mr. Llanes: Yes. That's when this was considered. Mr. Diaz de la Portilla: Just for the record, could you read the date of the -- and time of the e-mail -- it's a public record document -- and to whom it was addressed? And you can wear your reading glasses if you need to. Mr. Llanes: No, no. April 26, 2010, 2: 24 p. m. Chair Sarnofff. You're a pretty confident guy to walk up with that Blackberry and just -- Mr. Llanes: No. I e-mailed it to myself so it's -- yeah. Vice Chair Carollo: Mr. Chairman. Chair Sarnofff. You'd give a judge heartburn. You're recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. Could we go back to as far as how many high school students there will be. Is there a number? Mr. Llanes: Yeah. Thirty percent of the study body is high school, 30 percent of the 1,700. Vice Chair Carollo: So 30 percent of the 1,700. Mr. Llanes: Five hundred and sixty. Vice Chair Carollo: I got 510 but -- Unidentified Speaker: Okay. It could be 510. Mr. Llanes: Five ten. My bad math, 510. Vice Chair Carollo: So -- and these high school bodies will be able to drive, correct? Mr. Llanes: Not all of them. And in fact, you can restrict those that drive, the school can do that in their parental contract. I think it's going to be talked about later. And the code -- again, the codes that we look at -- Mr. Zulueta: First, couldl respond to that? Fernando Zulueta. Vice Chair Carollo: Sure. Mr. Zulueta: First of all, it's fewer than half. The way high school works, it starts in 9th grade through 12th. So really -- and the Florida code deals with that -- it only kicks in students that City ofMiami Page 159 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 could possibly drive in 11 th and 12th grade. And the way statistically it is calculated in Florida by law and that is what is used when they design the public schools, the other public schools. It is one out of every ten of those students that are of driving age, which is 11 th and 12th grade, that are considered to potentially drive. In this case, you take your number 510, divide it by two because half of the kids are in 9th and loth grade, so the other half are in 11 th and 12th, okay, so that gives you approximately 260, right, or -- no -- yeah, 250 -- 255 and it's one -tenth of those. So it's 25, roughly 26 students that would be required, that would be -- let's say, if you -- statistically, it's 25 students out of that cohort that would be driving. We're providing 30 -- we're saying we'll provide 34 spaces. So we're exceeding it by a large percentage. Mr. Diaz de la Portilla: And if you could just explain. This is as good a time as any. Mr. Zulueta: I was explaining what the law is, not -- and what the statistics are. Mr. Diaz de la Portilla: And this is a good a time as any as also -- to also address the issue of the parental contract and what the limitation is -- Mr. Zulueta: Right. Mr. Diaz de la Portilla: -- that we're proposing. Mr. Zulueta: Number one, there's a contract. And number two, we also happen to run somewhere close to 12 high schools, so I can tell you that not only is the state's number pretty accurate, we run Doral High, which has 2,000 students in the middle high and we have also MaterAcademy middle high in Hialeah Gardens, which has 2,700 students. Andl can tell you that they're dead on, that the number that the state requires, which is -- we're providing almost 50 percent more than that number, happens to, in our experience, be dead on with what we're seeing as far as student drivers. Vice Chair Carollo: So you mean to tell me out of 510 high school students, only 25 are going to be driving? Mr. Zulueta: No. Actually, I'm saying -- well, yes, because out of -- it's like saying out of 1, 700 students, only 25, but like kindergarten students certainly can't and neither can anybody up to 11 th grade. So the reality is the only students that potentially could drive, because they can get a license, are students in 11 th and 12th grade as a practical matter in Florida. And so there are only 250 of those. And I'm -- what I'm saying is out of those 250, the State says -- not me -- the State of Florida says that 26 are going to be potentially student drivers. And what we're saying is that in our plan, we're providing up to 34. Andl can also tell you that from personal experience in numerous high schools that we operate here in Florida and in -- not only in South Florida but elsewhere in the state, that number has been dead on. In other words, the number the State gives us has actually proven to be accurate in real life. Mr. Diaz de la Portilla: And that's your experience based on the over -- Mr. Zulueta: Yeah. Mr. Diaz de la Portilla: -- 12 high schools that you run? Chair Sarnoff Commissioner Dunn is recognized. Mr. Zulueta: Yeah, absolutely. Vice Chair Carollo: And where's -- City ofMiami Page 160 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Zulueta: Including in the City ofMiami, like -- Vice Chair Carollo: -- and when you say state information, where are you -- what are you quoting or what are you mentioning? Mr. Zulueta: It's Section 423 of the state code, which is the State Requirement for Educational Facility, SREF. Mr. Llanes: Section 423 of the Florida Building Code has embedded in it a section called State Requirements for Educational Facilities, and in that section there's a section on parking that applies to public schools. Chair Sarnoff. Commissioner Dunn is recognized. Let me just (UNINTELLIGIBLE). Commissioner Dunn: Now I understand what you said in terms of the state's requirement. Does the state factor in demographics? 'Cause I believe sometimes the demographics tend to change the number of potential or prospective drivers of cars. Mr. Zulueta: The State has a standard, so it does not distinguish what I've -- our experience is 'cause we happen to run a high school actually right on 8th Street and 27th, which is the International Studies Charter High School -- Commissioner Dunn: Right. Mr. Zulueta: -- and that happens to have about 560 -- like 600 students right now and they're -- I believe we only have like twenty -some student drivers out of that cohort. Now that's -- that has -- actually that demographic is, I guess, unique 'cause a lot of them come from Coral Gables and Key Biscayne and other places 'cause they're international students, but that's an equivalent -- What I'm saying is we're running the schools and we're seeing that number to be quite accurate. Further, as Mr. de la Portilla explained, we have a parental contract and a student contract. And we will say you are allowed -- you know, we can limit the number of student drivers because they'd have a pass. And further, if there was more demand -- and I'll give you a real -life example. Like Gulliver, for example, they have student drivers, but what they -- you know, I've known kids there and they have this thing called a parking buddies concept and if you want to drive and more students apply to drive than, let's say, that 31 -- 34 spaces, then they have to team up with another student and take turns parking at -- and drive together. So it encourages a form of carpooling and they have to agree to come together as a group and that actually diminishes the amount of traffic. Commissioner Dunn: Mr. Chairman, one more question, please. Chair Sarnoff. You're rec -- continue. Commissioner Dunn: Is -- the students that are selected or permitted to drive, is that based upon a lottery of some sort or first come --? Mr. Zulueta: That's a good point. And you can establish it different ways. First of all, there aren't -- you make an all -call to see who's even interested in driving. As I said, the number is not as large as you would think, you know, just -- our experience is if we make a request to the student group of about 250 students who have actual vehicles and are allowed to drive by their parents to school, the number's likely to come back somewhere south of 30 students. But let's say it's 40. Then you're absolutely right. We would hold some kind of a lottery, but we could also have requirements. For example, a minimum grade point average, so that would encourage students to have a higher grade point average before requesting the driving -- to earn a driving privilege, just like you do for participation in sports teams. So we would have the same kind of City ofMiami Page 161 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 requirement. And then even further, what we would encourage is for students to drive together and that way they can take turns driving. And that works perfect in a lot of the private schools that are doing that. And I'll give you -- there's another school here near downtown called DASH (Design Architecture Senior High), the Design Arts high school, the district magnet. It has 480 high school students. It has zero parking for students right now, zero. The DASH school, which is near downtown -- Commissioner Dunn: Right, right. Mr. Zulueta: -- and it's a high -- you know, it's a very high performing school. It has 480 students currently, zero parking spaces allocated for students. Zero. And that's not uncommon. I mean, I -- we're providing them, but when you get into these urban, in -town situations, like DASH would be considered, you don't have to. They can waive it. The state requirement would be for DASH -- probably, it would be 240; it would be 24 parking spaces, but they chose to provide none. Mr. Diaz de la Portilla: Now just briefly on the parental contract. I've handed, for the record, a copy of a sample parental contract. Obviously, it can be tweaked and modified in order to address whatever issues and concerns need to be addressed, so that's part of the record, and I've introduced that and handed each one and the Clerk -- each one of you, Commissioners, and the Clerk and attorney and opposing side copies of that so we can answer questions on that at, you know, any juncture. But moving right along, I'd like to have Mr. Llanes now address some of the -- again, as I mentioned earlier -- design matrix and criteria that your staff has to apply per code, which is 1305.2, in order to assess the special exception application. And I'm going to try to go as quickly as I can on this thing. But again, the Section 1305.2 criteria matrix looks at a number of things. And the first thing that they look at is under the category of site and urban planning. It asks three questions under that. The application has to respond to the physical contextual environment, taking into consideration urban form and natural features. Your staff has said in the report to you that it applies and that we are in compliance. Mr. Llanes, are we in compliance with that first requirement of 1302.01? Mr. Llanes: Absolutely. Mr. Diaz de la Portilla: Can you show us real quickly how we comply with that? Can you show the board real quickly? Mr. Llanes: Well, let's talk about the design of the building from the standpoint of its location and the uniqueness of the site. The site is (UNINTET,TIGIBT,F) basically two components. It's -- there's a triangular piece to the north of second and a square piece to the south, which is (UNINTELLIGIBLE) parking garage and gymnasium. The triangular piece has the educational facility. The buildings are -- and this is an important -- 'cause I think this goes to many of the items or issues in the matrix actually and it was talked about already and this is important. We're at seven levels in both cases, a seven -level school and a seven -level parking garage/gymnasium. The buildings flanking us are approximately -- I think the building to the east of us, which is a very -- the architect's here. (UNINTET,TIGIBT,F) very attractive building. There's a lot of movement in that building, very contemporary architecture. It's about nine levels high with a very animated rooftop. That's here. And then the building immediately to the east of our garage gymnasium is 14 stories high or 14 levels. Again, we are at seven. And then finally, the large building on the corner, on 1st is about 22 levels high. So contextually, we fit perfectly well within the scale of what's on -- in that particular area, particularly with the buildings that have been more recently completed. Miami 21 is going to allow eight stories to be built in that area, so we are within the threshold ofMiami 21. We're not even exceeding that, even though in the code that we are under -- in the code that we are presently bound to, we had an unlimited height. Of course, there's elements that they then apply to that to keep you from building a 400 story building, but we had unlimited height. But we chose to design a building that urbanistically fit within the immediate scale of what was around it. City ofMiami Page 162 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Vice Chair Carollo: Mr. Chairman, quick question. Since you're showing the map, could you show me where the vehicles will drive into the school and how they would exit? Mr. Llanes: Yeah, absolutely. In fact -- Mr. Diaz de la Portilla: And Commissioner, we're getting got that. In fact, that is the second criterion, which is siting should minimize impact of automobile parking and driveways on the pedestrian environment and adjacent properties. And again, your professional Planning staff opines that we comply with that. And Mr. Llanes is going to show you how we do. And we have a board for that as well. Mr. Llanes: Now, ifI orient it like this, it's a little different from the previous orientation, but you can see it here. We're going west on 2nd Avenue. Mr. Diaz de la Portilla: The actual orientation, so that it's consistent, would be -- Mr. Llanes: Here's I-95. Here's the triangular site with the school proper, and here's our parking garage on the south side. Now what you see in red is the queue. It's over 500 feet of queue in that. That is queue in our site. That's not on -the -street queue, which you are allowed to use as well. That's queue in our site. That means that what we have essentially done -- and there's another board that shows the overall street, ifI could see that. What we have essentially done is rendered that street -- is a mechanism by which way -- by which to filter vehicles in and out of that street. And mind you, the school takes up about half of the length of that street, okay, so there's a significant amount of frontage. But more importantly, we have created an incredible amount of internal queuing -- here's another -- what -- look at it. There's the street. There's the school site. There's the full length of the street. So basically, about 50 percent of the street is essentially the school -- Mr. Diaz de la Portilla: And for the record, the street that you're referring to is 2nd -- Mr. Llanes: Second Avenue, yes. Mr. Diaz de la Portilla: -- Avenue going into the site, moving -- Mr. Llanes: Right. Mr. Diaz de la Portilla: -- west. Mr. Llanes: Moving west. And this is a good way of illustrating it because what we have done is created a seamless movement of vehicles into the street, into our buildings, out and back out onto the street. And using separate dismissals times and arrival times, that's how you absorb the volume of traffic that we're talking about. So here you see cars coming in, looping, turning, dropping off picking up and going. And other cases, there's another loop in front of the garage for arrival and dismissal as well. There's a protected crosswalk, et cetera. Mr. Diaz de la Portilla: And let me stop you there for a second because, you know, you've heard a lot of argument from the objectors about this being a dead-end street. What is the effect of function of these circles internal to our property, the 500 feet of queuing in the two circles? Mr. Llanes: Well, as I said earlier, what you've done is basically rendered the street not a dead-end street, but actually rendered it a street that allows for continuous flow of traffic. And you're the last -- essentially, you're the last person on that street. The school is the last site on that street, so you bring it in, you bring it out, you loop, and you're gone. City ofMiami Page 163 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Vice Chair Carollo: Question, Mr. Chairman, please. Chair Sarnoff You're recognized. Vice Chair Carollo: What is the width of that long, linear road into the circle? Mr. Diaz de la Portilla: You're referring to the street that heads -- Mr. Llanes: This one? Vice Chair Carollo: Yes. Mr. Diaz de la Portilla: -- north? Vice Chair Carollo: No. I'm -- exactly -- Mr. Diaz de la Portilla: North within -- Vice Chair Carollo: -- what you're pointing -- Mr. Diaz de la Portilla: -- our property. Vice Chair Carollo: Yes, within your own property. How -- what's the width? Mr. Diaz de la Portilla: The queue. Mr. Llanes: The current width in those plans are 14 feet. There's ample right-of-way in there in the design of the building, which we will probably manage to do so to create an even broader or wider road so that there's ample room for bike paths and all the things that you're going to need to make that function properly. Vice Chair Carollo: And let me tell you what I'm seeing. I mean, in a perfect world, on paper that looks beautiful and it seems like it would work. However, what happens if a parent is coming to pick up their kid and that kid isn't there yet? Mr. Llanes: Correct. Vice Chair Carollo: Are they just going to go around and come out or are they going to stop their car or try to pull over or so forth and then it's going to cause a jam all the way back to --? Mr. Llanes: Right. No. And I'll say it's not going to cause a jam because there is going to be ample room for a bypass lane. When you have a bypass lane, if a car is waiting to pick up and someone else is loaded, they'll be able to enter the line and continue. Now one important thing about queues is that the length of a queue is great, but if you only simply are loading at the end of the queue, you've got a problem. And what we've done here is we have a significant amount of exposure to the right side of the vehicle, which is the safest side to load and unload on. And by doing that, you can actually enter the queue early on, get your child, go and continue to go through at a point where you can have the bypass lane to go through. Vice Chair Carollo: However, if the person in front of them, their child still hasn't come, then realistically, the person behind them is stuck. He's got to wait 'til that child comes, gets into the vehicle before he can proceed. Mr. Llanes: Well, there's obviously -- and we do this a lot with a lot of the schools. This is not an uncommon problem. City ofMiami Page 164 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Vice Chair Carollo: Listen, I know you're the expert. You know, I'm a layman up here. I know. I'm not an engineer. I'm not an architect. I understand all that. However, I do understand and I've gone by quite a few schools and it seems like there's always cars parked because, you know, their child hasn't arrived yet or so forth. And with 14 feet, I'm seeing -- you're going to have 14 feet for a car to enter and another car to exit, and at the same time, if any of those cars stall, pulls over or so forth, you may have a gridlock. And I'm no expert at this. Mr. Llanes: Common sense is more valuable than expertise in many cases. And it's not going to be 14 feet. As I mentioned, we will have a bypass lane. We will have an area for cars to pull over and so on to avoid that. There's going to be staff. The school is appropriately staffed. Every arrival, every dismissal with staff that will allow -- or -- and enforce and keep traffic moving. Mr. Diaz de la Portilla: Let me just stop you there because I think you need to explain the 14 feet is of the actually, you know, paved improved surface. Explain the width of the bypass and how much is sufficient bypass 'cause I think that's important to address the Commissioner's question. Mr. Llanes: Yeah. We would probably in this case almost double that so to create at least three lanes where cars can -- you know, one coming in, two coming out or whatever and that's how we've normally done it and to allow cars to also pull over and stop. Vice Chair Carollo: So obviously, it has to be a lot more than 14 feet. Mr. Llanes: Absolutely. Mr. Diaz de la Portilla: Explain what the 14 feet refers to and what the bypass refers to so that (UNINTELLIGIBLE) -- Mr. Llanes: Yeah, the 14 feet is the actual drive aisles of two lanes, and then you will have in addition to that the ability to pull over and load so that the bypass lane can be created. Mr. Diaz de la Portilla: In essence, doubling the space with the bypass -- Mr. Llanes: Correct, right. Mr. Diaz de la Portilla: -- for (UNINTELLIGIBLE) -- Mr. Llanes: That also happens here so that you have plenty and ample room for a car that's loading to still be loading while the other car bypasses it. Andl might add that they also implement very sophisticated ways in which way they can guarantee as much as possible to get that child to that spot when that particular car enters the property. A lot of the schools employ that. Vice Chair Carollo: Question. Again, I'm not an expert -- and I'm saying it because I think it was asked so many times, so I want to make sure. I'm not an architect. I'm not a traffic engineer and so forth and so on. Now, when they're coming out, they're going to be making a left turn into Southwest 2ndAvenue, correct? Mr. Llanes: Some vehicles that have already loaded may be able -- Vice Chair Carollo: Right. Mr. Llanes: -- to make that left turn, but -- City ofMiami Page 165 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Vice Chair Carollo: Now -- stop there, please -- when they're making that left turn, in the other loop, okay, the other loop on -- yes -- now they're also going there, they're going to make a right turn while those other vehicles are trying to make a left turn. Mr. Llanes: Well, there's another -- there's two applications to this, and one is that you can and we've -- and I think that that's what Richard has in his traffic study -- is that you come in, you loop, and you do that continuous cycle all the way through. It's -- on a rare occasion -- and mind you, the intensity of that activity occurs in a very, very small time frame, which is when you would have that occurring. When -- if you see any of these activities going on -- and obviously, you have -- it begins to diminish greatly, almost exponentially. And at that moment, you'll probably not have a need for this continuous loop to go that way. You would probably just have a need to be able to do that because the volume of traffic has subsided significantly in that half-hour. Remember, these are three half-hour arrivals, three half-hour dismissals. In fact, the intensity of time occurs within about a five-minute period or ten-minute period in that half-hour. The rest of that, the numbers are staggeringly diminishing or increasing, depending on how you see it -- from which way you -- Mr. Diaz de la Portilla: Just to put a layman's spin on this. Mr. Zulueta: I'm not a traffic -- I'm Fernando Zulueta -- engineer, not a PE, none of those . However -- andl too looked at it, Commissioner, because I had the same question. And through common sense, what does this really -- how does this work? And it's quite simple. You think about the traffic plan. And they made a big deal about the whole shuttles and the other stations. Well, we didn't propose that initially. We were doing that as an accommodation to the neighbors to dramatically reduce the traffic. And let me explain how. I'm going to give you the worst -- this is how I was able to understand it because I had to understand it myself, although we're doing it in many other places and it works everywhere. What we did was you take -- let's take the worst case. Let's assume you have 1,700 vehicles. You don't have a single sibling in the school, nobody's related to each other, everybody drives. That's not the case and that's not how the traffic study works, but let's assume that horrible situation that everyone only has one child. Okay, what did we do? The first thing we did is we broke it down into three pickup and drop-off times, each are a half hour. So what does that effectively do? Let me give you the worst case. Mr. Diaz de la Portilla: (UNINTET,TIGIBT,F) stop right there. We'll get into that. That's also included in a -- Mr. Zulueta: Yeah. Mr. Diaz de la Portilla: -- proffer declaration of restrictions running with the land -- Mr. Zulueta: Right. Mr. Diaz de la Portilla: -- which will bind us. Mr. Zulueta: But let's make it really bad. So I'm not really good at math, so I'm going to divide 1,700 by 3 and get 600, okay. And it's less than 600, but I'm just trying to do the big numbers. So it's 600 vehicles in each one of those three periods, right, but there are now three locations where people are dropping off. So effectively, you have three more divisions to that 600, right? Mr. Diaz de la Portilla: What are the three locations, just for the record? Mr. Zulueta: Vizcaya, a mile away, and then the Brickell station which is only half a mile away -- less, five blocks. City ofMiami Page 166 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Diaz de la Portilla: And the school itself. Mr. Zulueta: And the school itself. So you have three locations, 600 vehicles. Again, it's not 600, it's a lot less, but let's assume the worst. Let's assume everybody's driving, andl do bad math, so it's 600. Okay, so there's really only 200 coming here because 200 go elsewhere, right, to each -- during each of these periods. But it's 200 during a half-hour pickup and drop-off interval, so that's really -- ifyou break it down, it's 200 cars divided by 30 minutes. So if you use one -- Mr. Diaz de la Portilla: Just divide it by three. Mr. Zulueta: By three. Mr. Diaz de la Portilla: Three different pickup times, three different drop-off Mr. Zulueta: No. You get the 200 cars during a half hour -- Mr. Diaz de la Portilla: Right. Mr. Zulueta: -- and you divide it by 30 minutes, right, so it's 20 -- ifyou had one per minute -- if you had 10 -- ifyou had 20 cars per minute, you would be 30 times 20, which would be -- no. It's even less. That would be 600. So you have to go -- that would be 60 -- so it's about 30-some cars -- (UNINTET,TIGIBT,F) calculator, somebody could do the math -- per min -- for every three -minute interval, it's something like 50 cars and -- or 30-some cars, which you could actually keep all in the site, and that's what the traffic study will tell you. In other words, you take 1,700, divide it by 9, which is really what you're talking about, and you're really looking at only 170 vehicles or 100 and -- or 200 vehicles during any one of the intervals. That's it. And that's the worst -- that's -- and not the realistic because really, you're looking at almost half of that when you calculate real trips and real cars. So at any one time, all the cars that are here can be in this site waiting to pick up their children. They don't even have to be on the road because they fit in the 500 feet. If you do 500 divided by 20, you get about 25 vehicles. Mr. Diaz de la Portilla: And that's the queue, the 500 foot queue internal to our property on the north side. Mr. Llanes, ifyou could just continue. Vice Chair Carollo: And -- I'm sorry. Can we go back? How many cars fit in the so-called queue? Mr. Llanes: There is 500 -- there is 28 cars that fit in the queue. Vice Chair Carollo: Twenty-eight, but you're saying 200 will be coming in at a 30-minute interval? Mr. Zulueta: Yeah. Well, it's a lot less. Vice Chair Carollo: What happens if one of those cars stops? Mr. Zulueta: There's a bypass lane. Mr. Llanes: The bypass lane would allow for that not to be a factor. Vice Chair Carollo: But only 28 vehicles. Unidentified Speaker: Can you clam where the 28 vehicles are? (INAUDIBT,F). City ofMiami Page 167 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Llanes: Yes, correct. It's this side and this side. Unidentified Speaker: This side only holds 18 cars. Mr. Llanes: That's 400 feet, 105 feet, okay. You can use street queuing, so you have a total of 28 vehicles that fit on that queue. Vice Chair Carollo: And you're saying that there'll be 200 actually coming in with the assumption that the other 200 will go to Vizcaya and the other 200 will go somewhere else -- Mr. Llanes: Correct. Vice Chair Carollo: -- is what you're saying. Mr. Llanes: Yeah. I think that's the concept. Vice Chair Carollo: So if there's 28 there, 200 will go out to what, 3rdAvenue? Will they reach 3rdAvenue? Because I -- Mr. Llanes: No. Vice Chair Carollo: -- understand your thinking. They're going to be driving in and, you know, assuming that there's no stop, the truth of the matter is, I think if, let's say, I don't know, pickup -- I mean drop-off time is 9 a.m., everyone is pretty much going to be targeting 9 a.m. Or if, even worse, dismissal is --I don't know what time it is -- 3 p.m., 4 p.m., everyone is going to be, you know, heading over there at the same time and, I would think, arriving there, more or less, around the same time. No? Mr. Llanes: Well, remember (UNINTELLIGIBLE) three arrivals, three dismissals a half hour apart so -- Vice Chair Carollo: I under -- Mr. Llaness: -- and they start a lot earlier and end a lot earlier than that. Vice Chair Carollo: Right, right, right, right, but let's not commingle it. I'm not saying 200, 400, 600. I'm just talking the 200. Mr. Llanes: Right. Vice Chair Carollo: Let's not commingle the other time periods. Mr. Llanes: Right. Vice Chair Carollo: I'm just talking the 200. I mean, if you want to commingle, then it's 600. But no, I'm just saying one time period is 200 cars. Mr. Llanes: Yeah. Mr. Diaz de la Portilla: We -- potentially -- and by the way, we have a traffic engineer -- we did bring a traffic engineer who can explain it in as much detail as you'd like, Commissioner, and that's Mr. Garcia, Richard Garcia. I don't -- we're not really done with Mr. Llanes yet, but to accommodate, you know, the flow of the questioning, I'd ask Mr. Llanes to stand down for a minute. I'll bring him back. I'm not done with him, and then, you know, if Tucker wants to cross, he can cross at that point? City ofMiami Page 168 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoft Can you hold your cross? Ms. Huber: Yeah. I was just going to say -- Mr. Diaz de la Portilla: Oh, I'm sorry. Or if Ms. -- Ms. Huber: -- I'll leave it to the Commission, but it might be easier for one person to testify because it's very difficult with the three people intermingling. Chair Sarnoff Are you asking for that as a request? 'Cause I'll honor your request. Ms. Huber: I'm asking for that as a request. Chair Sarnoff All right. Let's let Mr. Llanes finish. Mr. Diaz de la Portilla: Okay, so I'll finish with Mr. Llanes, and then I'll proffer him to the other side for cross, and then I'll call Mr. Garcia to specifically address that issue, and I'm sure Commissioner Carollo will hold that question so that it can be addressed to his satisfaction. Okay, Mr. Llanes, moving on, architecture and landscape architecture. Again, from 1302 criteria matrix, the project shall be designed to comply with all applicable landscape ordinances that's applicable to us. Do we comply with that? Mr. Llanes: Absolutely. And it's in the -- in the design, you see the amount of trees that we've provided. All of that is consistent with your landscape code. Mr. Diaz de la Portilla: And in addition, for the record, your staff has imposed a condition specifically dealing with landscaping that your staff can address requiring canopy of trees and a landscape plan to be submitted at the time of permitting, correct? Mr. Llanes: Correct. Mr. Diaz de la Portilla: Moving right along. Respond to neighborhood context. Does this application do this? How does it do it? Mr. Llanes: It absolutely does, andl have already mentioned the issue of scale. The issue of context, if you look again at the buildings that have been built recently not only in that block but actually in that general area throughout, that eastern part of the Brickell area, the building is very compatible to that. And ifI may bring one of the images -- Mr. Diaz de la Portilla: Absolutely. Mr. Llanes: -- that might show the -- Mr. Diaz de la Portilla: This is the best you can do for now. Mr. Llanes: Yeah. Architecturally speaking, it's a design that harkens the contemporary nature of the architecture of this part of town and it's a forward -looking (INAUDIBLE) in the sense that it would be LEED (Leadership in Energy and Environmental Design) certified. We are -- we have a [FED consultant on board. The project will either be LEED silver or LEED just basically. Notice another very important thing about the breakdown of the scale of the building and that it isn't just an issue of size and mass, but it's also an issue of how the building is designed. The triangular side is actually composed of three slender buildings built around a courtyard. And when you do that, you create a kind of fragmented building so that it's not monolithic. It's not a heavy-handed building. There you see the three elements built around an City ofMiami Page 169 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 open courtyard within which there is an element in the center. Vice Chair Carollo: And Mr. Chairman, ifI may. Chair Sarnoff. You're recognized. Vice Chair Carollo: Could you show me the loop on that map or -- Mr. Llanes: Oh, sure. Vice Chair Carollo: -- drawing? Show me the -- Mr. Llanes: Well, it's embedded in the building but -- Vice Chair Carollo: Right. Mr. Llanes: -- what I'll -- Vice Chair Carollo: Show me the loop. Mr. Llanes: -- do is -- here you're coming down 2nd. You come in here, you turn, you come out, and I'll -- Mr. Diaz de la Portilla: And speaking of monolithic real quick, the building owned by one of the objectors next to us, that is a monolithic building, is it not? Mr. Llanes: Yeah. It's essentially one L-shaped building that's kind of similar as it reaches out. It's an apartment building; therefore, there is a tremendous amount of repetition there and so on. Not an un-elegant, but certainly a different kind of approach to what we're doing. And so again, the other thing is that our building responds to its orientation, to views, to climate, et cetera, so that no three facades, in this case, are the same. They're all uniquely different. And that's an attempt to kind of bring the scale of the building -- and to actually create a building that's interesting from all perspectives. And then finally, I might add that also the garage itself has program on the ground floor, so it's designed in a sort of traditional fashion with a base, a middle, and a top, program on the ground floor, the repetitive layers of -- levels of garage in the middle, and then finally at the top, a gymnasium piece. Mr. Diaz de la Portilla: And could you just describe what is this feature at the roof of the garage? Mr. Llanes: The feature that we're contemplating -- the roof of the garage are photovoltaic panels that would generate energy for the school or for the grid, depending on how it's applied. And again, the building being -- aspiring to -- or not aspiring to, but will be a T,FED-certified building. These are the kinds of things that you certainly try to do. Mr. Diaz de la Portilla: Okay, moving right along. Does the building create transition in bulk and scale as required under subsection 23 of the design criteria? Mr. Llanes: Well, I think it absolutely does. I've already touched on that issue of scale. Notice that our building is at the same scale, more or less, than the building immediately to the east. It's lower than the 14 building -- 14-story building to the east of the parking garage, and it's significantly lower than the 22-story building that faces 1-95 and the residential neighborhood to the west. So if you look at the way that the high-rises on Brickell transition to the sort of mid -rises to this building and so on, it very much so does that. City ofMiami Page 170 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Diaz de la Portilla: Does the building use architectural styles and details, colors, materials, derivative from the surrounding area? Mr. Llanes: Yeah. I think mentioned that in the previous comment. Mr. Diaz de la Portilla: Does the building -- is the facade articulated vertically and horizontally in intervals that conform to the existing structures in the vicinity as required under 1305.2? Mr. Llanes: Yes. And again, it's sort of linked to my previous comment. Mr. Diaz de la Portilla: Let's talk about pedestrian -oriented development, and that's very important in an urban setting. Does the building promote pedestrian interaction as required by the design criteria matrix under Section 1305.2? Mr. Llanes: It absolutely does. It encourage (INAUDIBLE) -- the -- provides for the extension of the deeper than normal sidewalks that are already provided there. It provides for landscape buffering to the street. So the building is not on the street; it's setback. In fact, the garage is even more set back than it's required to be. It's only required to be ten feet. It's actually thirty -some feet set back. So the building does -- and very important, as an architect you want to design buildings that are clear about where their front door is, clear about where their vehicles enter, clear about where the pedestrians enter so that there's no confusion, there's no safety issues and that's what we are doing in this (UNINTELLIGIBLE). Chair Sarnoff Mr. Diaz, is this actually (UNINTELLIGIBLE) building? You already have your whole plans done and --? Mr. Diaz de la Portilla: No. We'll have -- Mr. Llanes: No, no. This building now goes into design development -- Mr. Diaz de la Portilla: Right. Mr. Llanes: -- the construction documents and into permitting. Chair Sarnoff So when you're saying, for instance, to the Vice Chair it's approximately 14 feet, it can be made bigger? Mr. Llanes: Absolutely, yes. Mr. Diaz de la Portilla: Absolutely. There will be -- Chair Sarnoff What -- Mr. Diaz de la Portilla: -- revised drawings at permitting and additional (UNINTELLIGIBLE). Chair Sarnoff But when you make representations to us this is what the building will do, those are what you anticipate it might do. In other words, you don't know for a fact it will do that. Mr. Llanes: No. I think with that -- on that issue that you mentioned regarding the stacking and the -- Chair Sarnoff It's not just that. I mean, when you say this is what the building will look like, this is what you anticipate it will look like, but you don't know for sure. Mr. Llanes: Well, we don't want to be before the board -- we don't want to go through the City ofMiami Page 171 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 process again, so we definitely (INAUDIBT,F) draw something to this level even though it's at this schematic phase. Chair Sarnofff. Well, let me ask the City the question. Mr. Garcia -- 'cause ordinarily we're looking at MUSPs, we're looking at detailed plans, but we're not -- we don't seem to be looking at detailed plans now. How can the Vice Chair or anyone up here make a determination this is what it will look like? Mr. F. Garcia: Basically, the special exception process requires for the applicant to provide to the Planning Department enough -- and to the Zoning office as well -- information to determine compliance with the applicable criteria. They've done that. They've submitted the necessary information. And as I believe it was stated previously, from this point forward, we have the ability to recommend -- and you have the ability to determine what, if any, conditions may be imposed to the approval and subsequently through the building permitting process, we can check for those conditions to be complied with. Chair Sarnofff. Have you personally looked at this whole plan? Mr. F. Garcia: I have. Chair Sarnofff. Have you given it a sort of stamp of approval, so to speak? Mr. F. Garcia: In terms -- in many instances, yes. Perhaps I would address some of the more specific issues after the presentation is complete -- Chair Sarnofff. All right. Mr. F. Garcia: -- but generally speaking, yes, we've reviewed it and yes, it complies with the general requirements. Chair Sarnofff. Okay. Mr. Diaz de la Portilla: And just real briefly, we've submitted detailed plans. Of course, as has been explained, there may be variations as requested or required by staff. Just real briefly -- Mr. Llanes: Well, visually, just to show -- and I've shown you every image that we've submitted, but we've submitted floor plans of every level of the building showing doors, bathrooms, windows, et cetera, every single parking space. And as you can see in this drawing here, also modeled the building three -dimensionally. And we fully understand how this building works so Mr. Diaz de la Portilla: Again, going down the design -- the criteria matrix, design facade responds primarily to human scale. Just briefly address that. Do we do that and how? Mr. Llanes: Yeah. We do that, of course. And the way you do that is -- the way buildings do that is to make sure that you are representing eachfloor level, for example, the hierarchy and the facade so that you understand what human scale is instead of a building that tries to maybe treat its facade as one giant (UNINTELLIGIBLE), this building actually addresses eachfloor individually. Mr. Diaz de la Portilla: Do we provide active, not blank facades? Where blank walls are unavoidable, they should receive design treatment. Do we meet that criterion? Mr. Llanes: Absolutely. Even the blank -- there's not very many blank walls, as you can see, but in every case, we have score lines. We have things that represent, again, each individual floor so City ofMiami Page 172 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 that the scale is represented. Mr. Diaz de la Portilla: Streetscape and open space. Does the building provide usable open space that allows for convenient and visible access from the public sidewalk? Mr. Llanes: We exceed the open space requirements of the City's code and so to that end, we absolutely do. Mr. Diaz de la Portilla: Does the landscape, including plant material, trellises, special pavement, screened walls, planters, and similar features, are they appropriately incorporated to enhance the project? Mr. Llanes: Absolutely, and they meet the standards of the City's code as well. Mr. Diaz de la Portilla: And in fact, has the staff the City's professional staff not imposed additional conditions to enhance those landscaping features? Mr. Llanes: They have, yes. Mr. Diaz de la Portilla: Vehicle access and parking. The design for pedestrian and vehicular safety to minimize conflict points, have we done that? Mr. Llanes: Of course, and that's extremely important. As I mentioned earlier, I'm responsible for the welfare of the individuals in this building and for the students, the parents, and the staff. So we certainly have done that by minimizing, if you will, the amount of curb cuts that you can have and by being extremely clear as to where the pedestrian enters and where the vehicle enters. Mr. Diaz de la Portilla: And the next criterion is minimize the number and width of driveways and curb cuts. You've alluded to that. We comply with that, correct? Mr. Llanes: Correct. Mr. Diaz de la Portilla: Parking adjacent to a street front should be minimized and, where possible, should be located behind the building. Do we comply with that? Mr. Llanes: Yeah. We don't have any street frontage parking visible at all from our building. Mr. Diaz de la Portilla: Use buffer parking spaces as district buffer isn't applicable. Screening. Provide landscape that screens undesirable elements, such as surface parking lots and that enhances space and architecture. Are we doing that? Mr. Llanes: Absolutely. Mr. Diaz de la Portilla: And has the staff not imposed additional conditions to make sure that we do that? Mr. Llanes: Yes, they have. Mr. Diaz de la Portilla: Building (UNINTELLIGIBLE) should locate service elements like trash, Dumpster, loading docks and mechanical equipment away from the street where possible. When elements such as Dumpsters, utility meters, mechanical units, and service areas cannot be located away from the street, they should be situated and screened from view to the street and adjacent properties. Do we comply with that criteria? City ofMiami Page 173 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Llanes: Absolutely. All our service vehicle entrances are embedded in the building and the Dumpster as well. Mr. Diaz de la Portilla: Screen parking garage structures with program uses. Where program uses are not feasible, soften the garage structure with trellises, landscaping, and/or other suitable design elements. Are we doing that? Mr. Llanes: We are doing that, yes. Mr. Diaz de la Portilla: And in fact, has staff imposed additional conditions to make sure that we do that extremely well? Mr. Llanes: They have. Mr. Diaz de la Portilla: Signage and lighting is not applicable review for criteria. Does that cover every single criterion in the criteria matrix under 1305.2? Mr. Llanes: I believe it does, yes. Mr. Diaz de la Portilla: Now moving right along to Mr. Gibbs' appeal, he also mentioned in his presentation to the board Section 13.5.3.1, alleging that we don't comply with that. And let me just, to refresh your recollection, read that section to you. Review for adequacy shall be given to the manner in which the proposed use will operate, given its specific location and proximity to less intense uses. Particular consideration shall be given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the spillover effect of light. Let me just ask you. Let's start with excessive noise. Can you address that briefly? Mr. Llanes: Absolutely. In fact, I think what this building is going to do is going to greatly help screen many of the buildings around it to the east certainly from any noise that is coming from the highway, which is probably the greatest generator of noise. The design of our building -- in fact, when you design a LEED building, you have to meet certain criteria for that, and we will do so. And of course, because we are -- it's an insular building, the courtyard is within and there are no outdoor facil -- you know, aspects of the building and classrooms that are open to the exterior per se. And also you have to design a building with impact glass and so on, and by nature, that begins to provide you with a tremendous amount of sound continuation. Mr. Diaz de la Portilla: So it does two things. Number one, whatever noise students make when they're learning and studying doesn't spill outside the building -- Mr. Llanes: Right. Mr. Diaz de la Portilla: -- correct? Mr. Llanes: Right. Mr. Diaz de la Portilla: And whatever noise comes from 1-95, which is right next to us, doesn't come into the study environment where children are trying to concentrate on learning, correct? Mr. Llanes: Right. These are very quiet buildings. I can attest to that. Mr. Diaz de la Portilla: And there -- it's a school, correct? Mr. Llanes: Yes. Mr. Diaz de la Portilla: Noise isn't good for learning. City ofMiami Page 174 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Llanes: No. Mr. Diaz de la Portilla: Okay. Fumes, odors. Let's address those two points. Mr. Llanes: Well, and again, it's not -- it has a dining area for children. It's not necessarily a cooking kitchen. It's a kitchen that will have pre -served food that'll be delivered and some -- so there's no fumes that are created in that sense. There's no odors in that sense. And in fact, the location of all of that occurs in a spot in the building that will preempt that from happening so -- Mr. Diaz de la Portilla: And it's internal. That's (UNINTELLIGIBLE) -- Mr. Llanes: And it's internal, absolutely. All of that activity is internal. Mr. Diaz de la Portilla: Okay. Let's talk about commercial vehicle intrusion. Can you address that point? Mr. Llanes: Well, again, schools don't generate a significant amount of commercial vehicle intrusion. In fact, where there will be deliveries made, they will be made internal to the building so that they are not occurring -- as they do occur in some adjacent buildings, they do not occur on the street. Mr. Diaz de la Portilla: Okay, so for the adjacent buildings, some owned by the objectors, you have commercial vehicles doing deliveries right on the street, correct? Mr. Llanes: I believe there is one that has that, you know, facing the street. We have two embedded and one adjacent, yeah. Mr. Diaz de la Portilla: That's not the case with us? Mr. Llanes: No. Mr. Diaz de la Portilla: Okay. In terms of traffic conflicts, we've addressed it, and our traffic engineer will address that a little further. Spillover effect of light. Is there any spillover light here? Mr. Llanes: No, absolutely not. Again, schools, basically towards the end of the day, they are -- they're sort of winding down. But also, more importantly, I might add again that's a LEED element too. In order to meet certain LEED criteria, you have to minimize the spillover light and there's a code. There's a building code that will be applied. Andl might add also, there's no rooftop outdoor play areas or anything like that that would create the concern about that kind of activity. Mr. Diaz de la Portilla: Okay. Mr. Llanes, I don't have any further questions for you. Is there anything else that you'd briefly like to add for the benefit of the board? Mr. Llanes: No. I'd be happy to answer (INAUDIBLE) as they may arise, andl appreciate your time. Mr. Diaz de la Portilla: Okay. Mr. Gibbs or Ms. Huber may have questions for you, so please stay up there. Mr. Gibbs: Just a couple of questions. I asked for -- if you had a CV (Curriculum Vitae) or a resume. Did you present that to the City at all? City ofMiami Page 175 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Llanes: No, I have not. Mr. Gibbs: Okay. And I'm terribly sorry. I have to ask these questions because I -- if you had a CV, I wouldn't have to ask. Question. You said you grad -- could you tell me about your graduate work? You did graduate work and got a master's in architecture? Mr. Llanes: In architecture. Mr. Gibbs: Okay. And do you have a degree in urban planning? Mr. Llanes: No. I do not have a degree in urban planning, no. Mr. Gibbs: Okay. Are you certified by the AICP or any other certification entity? Mr. Llanes: No. Mr. Gibbs: So are you -- do you consid --? Okay. So you're not a professional planner and you're not certified as a professional -- Mr. Llanes: I'm a professional architect with a master's degree in architecture from Princeton University. And the CV is probably on the record somewhere in the City ofMiami as I've done my share of work for the City as a consultant. Mr. Gibbs: Has your work as a consultant been as an architect or as a planner? Mr. Llanes: As an architect. Mr. Gibbs: Thank you. Question. You talked about -- we talked about the siting of the project, andl think you all talked about the siting of the project. You've done many of these types of projects. Question. Are you involved in the selection of sites for -- were you involved in the selection of this particular site as an optimal site for a development as a charter school? Mr. Llanes: I certainly analyzed the site when it was made known to me andl considered it to be a rather unique site that had tremendous potential for the kind of school that we were envisioning, absolutely. Mr. Gibbs: But did you choose the site? Mr. Llanes: No, I did not, per se, choose the site. Mr. Gibbs: And do you know what the selection process for that site was? Mr. Llanes: No. Mr. Gibbs: Okay. And do you know if there were any other alternative sites that were considered for this particular project? Mr. Llanes: There's always alternative sites being considered for any project. In this particular case, this particular site became the site to look at and away we went. Mr. Gibbs: But there was no -- but you don't know of any alternative site that was considered? Mr. Llanes: Not particularly, no. Mr. Gibbs: Okay. Question. As an architect, you are somewhat familiar with the City codes City ofMiami Page 176 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 relating to parking. School offices -- 'cause there's a lot of office space in this school -- how are they calculated for -- how is office space calculated for parking? Mr. Llanes: In the City's code there is -- the parking code accounts for school offices as a product of a formula that they use to calculate parking based on classroom and based on fixed seating and area of movable seating. Mr. Gibbs: Okay. I just want to be clear about something. As I remember in calculating parking, there's a calculation for classrooms as one parking space, which we would assume would be the teacher, and we have calculation for the assembly areas, which are the -- as you all would calculate it and we don't agree -- floor area, and that's probably for parents and other people who come to watch their child in a performance or in a basketball game of somewhat. So where in this formula do the offices come into play? I'm just trying to figure it out. Mr. Llanes: Where do they park? They park in the garage. Mr. Gibbs: No, because -- I want to go back. The calculation you're talking about, you have one space for every classroom, and we understand that's usually the teacher because the teacher drives to school, so we deal with that. Then you have the assembly areas, as you all calculate. The assembly areas, you have it by square feet. That's how you calculate the parking for square feet. So my question is -- and we understand that that's probably for people who go to basketball games, athletic events and performances. So if those parking spaces are taken care of through that avenue, where are the parking spaces for staff who -- or people who utilize the office? Where do they take --? Mr. Llanes: The code incorporates that in the formula. It's the code. The code says -- Mr. Gibbs: I understand. Mr. Llanes: -- one for class -- one per classroom and then gives you the formula for fixed (UNINTELLIGIBLE) and (UNINTET,TIGIBT,F) movable seating. In that is embedded that formula. And as I mentioned earlier, it's consistent with SREF, which also -- Mr. Gibbs: Let me finish. I understand it's consistent with that and that's a County code. I'm not -- Mr. Llanes: That's a state code. Mr. Gibbs: State code. I'm not interested. We're interested -- we're here at the City ofMiami -- Mr. Llanes: Well, I am. Mr. Gibbs: Excuse me. Mr. Diaz de la Portilla: Hold on. Mr. Gibbs: Let me finish. Mr. Diaz de la Portilla: Objection for a second. If Mr. Gibbs would let the witness finish answering his question (UNINTELLIGIBLE). Mr. Gibbs: I -- he did answer my question. Chair Sarnoff. Tucker, I don't think he did. Let him finish answering your question. City ofMiami Page 177 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Gibbs: Okay. Mr. Llanes: No. It's -- because it's consistent with SREF and that's the -- one of the criteria that we use to test parking requirements, essentially we're confident -- and not only confident, but in fact, it's consistent with all other schools that we've done where we've applied both SREF and local standards. So in this case, it's extremely and incredibly consistent with all these schools so everyone in the City should rest assured that this is a consistent application of a parking formula that accounts for staff accounts for teachers, accounts for student drivers, and accounts for visitors. It's embedded in the code. Mr. Gibbs: Andl understand. And I'm trying to find out where it is embedded. And since you are an expert on this, I want to know where are the office uses. Where's the office parking embedded? Because we've -- I've mentioned the issue of the one per class. I'm just trying to find out -- so it's embedded not in the one per class because those are the teachers in each classroom, so we can take that off the table. Where is it embedded in the square footage measurement for -- in the basketball gym? Mr. Llanes: They use that as a way of generating an overall parking formula in order to arrive at a reasonable and, in fact, rigorous, in this case, parking formula for a school of this size. Mr. Gibbs: One last question relating to this. If a school doesn't have a gym, doesn't have an auditorium, but just has classrooms and fixed seat -- I mean, and class -- just has classrooms, where do they get the measurement for the offices? Mr. Llanes: They get it -- well, you're saying it has fixed -- an area offixed seating? Mr. Gibbs: No, no, just classrooms. Mr. Llanes: In the current -- in the code that was used, you get it based on the classroom. The -- Mr. Gibbs: I understand. I understand what you're saying. They get it just from the classroom. Okay, well, let me ask -- Chair Sarnofff. Well, I'll tell you what. Let me ask -- Mr. Gibbs: Another question. You -- Chair Sarnofff. -- a question because maybe I'll get at a little differently than you. How many square feet of office space do you have in this building? Mr. Llanes: There's approximately 8,000 square feet. Chair Sarnofff. In the 8,000 square feet of office, how do you account for your parking? Mr. Llanes: The -- I can tell you how we accounted for it. I can tell you how the code accounts for it and we get to the same -- Chair Sarnofff. Both of them will work. Mr. Llanes: -- answer. It's -- essentially, the way the code looks at it is, as he's mentioned, one per space for -- one per classroom, and then you look at areas offixed seating and areas of movable seating. When you do that math, okay, and you base it on the fact of the amount of classrooms that you have and -- the code already has embedded in it an understanding for the requirements of that school -- for that school of that size. City ofMiami Page 178 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff. So it's not a direct correlation. You don't go to 11,000 and say, 8,000 square feet of re -- of commer -- well, 8,000 -- Mr. Llanes: Office. Chair Sarnoff -- square feet of office has `X" number of parking spaces. You don't do that? Mr. Llanes: No. The code is not -- for schools, it's different. Chair Sarnoff I gotcha. Mr. Llanes: For schools, it's different. Chair Sarnoff I think that was his question. Mr. Gibbs: Okay. Let me ask you another question. Do you know where the drawing is relating to the access points and the drive that goes -- this drive? There was one that showed the -- you know, how people go in and go out. Do you have that drawing? It's the drawing that you all used when you were talking about the conflicts and the crosswalk and the access in. Okay. I'm kind of curious. You all are talking about the queuing and the -- and you were discussing traffic. Andl was trying to find out -- you said there were no conflicts. And my question is -- you all have talked -- these drawings show the access drive into the class -- into the school building, I'm going to call it, to the north and it shows the access into the garage building, which is on -- I guess that's west and east, sorry. And the quest -- and you said there were no conflicts is my understanding and this minimized the conflicts. As people drive in in the morning or in the afternoon, who gets picked up on this west -- on this east side? What children get picked up? Mr. Llanes: The kids that are coming by shuttle are more than likely being parked there or on this edge. The school will be determining what the breakdown of students is depending on the -- depending on certainly a lot of factors that you have to factor in to the different dismissal shifts and the different arrival shifts and so on. So that will be determined at that point. Once that happens, there'll be a -- there's a crosswalk here that you can cross at that point, and there'll be traffic management and so on. You know, those things happen consistently in all the schools so that you minimize the times in which you have that kind of overlap. Mr. Gibbs: Okay. I'm concerned. You also mentioned about the -- I think -- andl was confused. Somebody -- I think it was you -- mentioned the shuttles. And my understanding from the traffic study is the shuttles will not be used for the elementary school children. Is that correct? Mr. Llanes: Correct. The shuttles are primarily for high schoolers and middle schoolers. Mr. Gibbs: Okay. Mr. Zulueta: Portion -- no, a portion. (UNINTET,TIGIBT,F) fourth and fifth grade and elementary. Mr. Llanes: Fourth, fifth, and through high school. Mr. Gibbs: So fourth graders and seniors will be riding in the same -- Mr. Llanes: Yes. Mr. Gibbs: Okay. Mr. Zulueta: You know they get here at different times. City ofMiami Page 179 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Gibbs: Right. I understand. Mr. Zulueta: So they're not riding at the same time. Mr. Gibbs: Thank you for the correction. Ms. Thompson: Chair -- Mr. Zulueta: (UNINTET,TIGIBT,F) for that. Mr. Gibbs: Thank you for the correction. Ms. Thompson: -- I'm sorry. Mr. Gibbs: That was Mr. Zulueta, who -- Ms. Thompson: It's not recording. And when you get your record, there won't be anything in there but a blank space. Mr. Diaz de la Portilla: And again, just for the record, Mr. Chairman, Mr. Llanes, if there's an issue that Mr. Zulueta is best able to address, please call on him. Mr. Gibbs: Please, yes. Mr. Diaz de la Portilla: And that would be easier for everyone. Mr. Gibbs: I'm just questioning the issue of cars coming down 2ndAvenue and the shuttle buses and going through this intersection here where people will be making, I assume, left turns out and right turns in, and some people will be going straight. You're going to have a conflict area here and l just wanted to find out how you all were addressing it. Mr. Llanes: You don't have a conflict because I mentioned earlier that in the peak times when this is at its highest, the loop will work this way. When you have -- and that occurs in a very small amount of time. Eventually, that begins to deteriorate into the sense that the amount of traffic is really minimal and that's when you will be able to make that immediate turn. Mr. Gibbs: So there's not going to be a problem here with people going straight and people trying to turn out? That's my question. Mr. Llanes: No. Because when there is -- as I just said, when it's at its peak time, that will not be allowed to happen. When it's deteriorating in terms of less and less vehicles, there is no conflict. Mr. Gibbs: That will not be allowed to happen how? Mr. Llanes: Because staff will not allow that to happen, as it does in all other situations. Mr. Gibbs: So staff will be in a public street? There'll be directing traffic, you're saying? Mr. Llanes: They don't have to be in a public street. There'll be appropriate signage, of course, and there'll be people in the -- on property. And again, remember, this is enforceable, so they will be able to make sure the cars are doing the appropriate maneuver. Mr. Gibbs: Okay. Let's talk about the 14 feet here. I assume this is a sidewalk -- and I'm City ofMiami Page 180 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 pointing to this apparent sidewalk on the north side of this access road. And you said that you would be putting a third -- and pardon my nomenclature -- but a third lane in, essentially, to allow people to pass as people are picking up, correct? Mr. Llanes: Yes, to create a bypass lane, yes. Mr. Gibbs: Okay. Will -- and what's going to keep kids from seeing mom over here and crossing a street as all this is going on? You're going to have -- Mr. Llanes: Well, you notice that we've identified exactly where kids are going to cross. There's bollards there, so we are not allowing kids to cross wherever they want. They have to cross in specific points. Mr. Gibbs: I understand. Mr. Llanes: Oh, and -- yeah, go ahead. Mr. Gibbs: Andl believe kids always will follow the rules like that. Mr. Llanes: They're not stupid. Mr. Gibbs: Yes, and they're not stupid, so I understand that. So my question is, in terms of -- when you deal -- and again, I'm not a traffic planner, but if you're driving -- and I've picked up my daughter plenty of times in crowded situations like this -- in and this person in front of you has stopped to pick up their child and your child is all the way down at the end and you want to pass, you have to have certain maneuvering room. Is the 14 feet plus whatever you're adding -- Mr. Llanes: We will certainly allow for all of that maneuvering to occur, absolutely. Mr. Gibbs: Well, will that make these, I guess, loading areas that you have here -- I guess these are loading areas. Will you have -- you'll have to reduce the width of those loading areas. Would that be correct? Mr. Llanes: No. They -- we just create them -- we just slide them over so that -- you cannot reduce them because that wouldn't be safe. Mr. Gibbs: Right. That's why I'm concerned because if you're going to (UNINTELLIGIBLE) -- Mr. Llanes: No. Don't be concerned. They'll be fine. It'll work. Mr. Gibbs: Well, I appreciate -- thank you. I feel so much comforted now. Mr. Llanes: Yeah. Mr. Gibbs: But let me ask you a question. Seriously, the width -- you're saying the width of asphalt here is 14 feet, correct? Mr. Llanes: (UNINTET,TIGIBT,F) in the drawing, okay. Mr. Gibbs: The width is 14 feet? Mr. Llanes: In this drawing, it's 14 feet. Mr. Gibbs: Okay. City ofMiami Page 181 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Llanes: It will not be 14 feet when we create the appropriate bypass lane and move -- Chair Sarnoff. Then just answer him where the reductions will occur. Mr. Llanes: Oh, the reductions will occur in the building, of course. You will -- Mr. Gibbs: Oh, you're going to make this building smaller but keep the sidewalk the same way. Mr. Llanes: Absolutely, yeah. Mr. Gibbs: Thank you. That was just -- Mr. Llanes: Well, you should have asked that. I would have answered it. Mr. Gibbs: Thank you very much. Butl think Ms. Huber may want to have -- Ms. Huber: Can you identify what's here at the end of the street? Mr. Llanes: That's a T-turnaround at the end of the street. Ms. Huber: And are you aware of what's physically located at the end of the street? Mr. Llanes: There's a fence there right now. Ms. Huber: And are you aware what that fence was approved for? Mr. Llanes: What was it approved for? Ms. Huber: Are you aware that this fence is emergency access for the building that's located here? Mr. Llanes: We -- there is access to that building and there's a gate, so we presumed, as you have just said, that essentially that was to allow for vehicles to enter that site. Ms. Huber: It was approved and it was actually required by this Commission to allow emergency fire vehicle and police access to this building. It was required because it needed more than one access point. So my question to you is in determining your access and your ingress and egress for your building and advising that you're going to use this as your own turnaround, how will emergency vehicles use this access point if all of your cars are queued here? Mr. Llanes: We're not using that as a turnaround. We're using the street, and by the way, the street right-of-way, which is a standard right-of-way in the City ofMiami. Ms. Huber: The right-of-way is 50 feet, but how wide is the actually paved road? Mr. Llanes: Twenty feet, and then you have -- you don't have curbs. If you notice, the design -- when the Fire Department approved the buildings that are already on the site, they're looking at that. And they will probably apply -- or I'm sure they will apply that to us when they look at that is that there are no curbs there. You actually have a mountable swale so that emergency vehicles, if they had to, can actually get to it by using that or certainly the street itself. Ms. Huber: But if your 200 cars are queuing up and down this street, how's an emergency vehicle going to access this gate? That's my question. Mr. Llanes: Because the cars are queuing -- they're queuing from the street internal to our site -- City ofMiami Page 182 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Ms. Huber: Right, but you advised that only 18 cars can queue here, which leaves a remainder of 182 cars to queue on the street. Mr. Llanes: A hundred and eighty-two. Yeah, you're conflating the whole process. It's not accurate. Ms. Huber: I'm using the trip generation by your traffic engineer. I'm not inflating anything. Mr. Llanes: I think you can ask him that question. I think that that's accurate. The action we've described occurs over a course of independent half-hour slots. They vary greatly, as I said earlier about two or three times, that there's a moment in time that it's the most intense and -- Ms. Huber: And during that most intense time, is it your testimony that Southwest 2ndAvenue will not have cars queuing on the ingress and the egress, which would prevent an emergency vehicle to access that gate? That's my question. Mr. Llanes: There is nothing preventing a vehicle from accessing that gate even if there are cars in the street. That happens all the time. There are cars -- Ms. Huber: How -- Mr. Llanes: -- on streets all the time. Emergencies occur all the time. In this case, the department, the City, its staff has already embedded in the design of that street the ability for emergency vehicles to access that gate. Ms. Huber: Not if you're using this area as your turnaround. Mr. Llanes: I'm not using that area. I'm using the street, and I'm turning from the street into my -- into the school's driveway. I am not using the swale. I am not using those things. So we're using the street and we're using our site. Ms. Huber: They're going to come out here, they're going to go here and go through. So they're not turning in here? Mr. Llanes: They're not driving on the swale and if there's an emergency -- Commissioner Gort: Mr. Chairman. Mr. Llanes: -- they will drive over that. Ms. Huber: Okay. Chair Sarnoff Commissioner Gort's recognized. Commissioner Gort: You know, I'm not an architect. I'm not an engineer. I'm not an attorney. I mean, if we're going to have them arguing, we're going to be here until 1 o'clock in the morning and we're not going to be able to make any decisions. I mean, are we going to be questioning every bit of it and we're going to be arguing back and forth? I think let's ask a question, answer the question, and that's it. Ms. Huber: One last question. Can you give one school that's equivalent of this size that's located on a dead-end street in the City ofMiami? Mr. Llanes: Well, I don't consider this to be a dead-end street. I don't -- excuse me? Well, I'm City ofMiami Page 183 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 explaining -- Ms. Huber: I'm asking the questions. Thank you. Mr. Llanes: Right. I don't consider this to be a dead-end street. I consider that to have been resolved by the way that we've designed this particular building. There are schools on cul-de-sacs. There are schools that are -- front one street and then create their internal loop; in essence, creating de facto dead-end streets, if you want to call it that or a cul-de-sac, like that. So in this case, we did carefully look at this site. We sat with our traffic engineer from day one and we applied the -- Ms. Huber: That's not the question I asked you. I asked you to identify another school within the City ofMiami of a similar size that's similarly situated on a dead-end street. Mr. Llanes: No. This is -- Ms. Huber: That's the question. Not how you designed this school, another school -- Chair Sarnoff All right, all right. Mr. Llanes: Yeah. Chair Sarnoff The question's asked. Mr. Llanes: No, I cannot. And this is unique in that sense. Commissioner Gort: You don't (UNINTET,TIGIBT,F), that's it. Ms. Huber: Okay, thank you. Chair Sarnoff Next witness. Mr. Diaz de la Portilla: Before I call the next witness, I'd like to ask a couple of brief questions of staff regarding parking, ifI may. Just real briefly, and I'd ask Mr. -- Ms. Huber: IfI could interrupt for one moment. Our court reporter has asked if we could take a five-minute recess. She's been typing for about four hours and her fingers need a break. Chair Sarnoff All right. Let's take a five-minute recess, a real five-minute -- Ms. Huber: Thank you. Chair Sarnoff -- recess. [Later... Chair Sarnoff That's fine. Go ahead. Mr. Diaz de la Portilla: Okay. The parents may come up and address the Commission. You're limited to two minutes or whatever time the Chair decides. Clariseli Blandon: Good evening. My name is Clariseli Blandon, andl live in 134 Southwest 7 Avenue. I used to live in 2ndAvenue and 11 Street andl moved because I was a little ignorant. I was looking to be closer to Mater Academy Charter School. I didn't know because I'm from Puerto Rico that it's a choice, that I'm not assigned to the school, so that's why I moved closer to City ofMiami Page 184 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mater Academy. My daughter is eight years old. She goes there, andl believe it's the best thing that can happen to me. Education -- how she just being a better person every day. Andl just want to mention that I was impressed by the pictures that I saw of the school in the morning, in the afternoon. I go there every day for the last three years and it's not like that. I didn't see any pictures of the police officers that are there watching our kids every day. I didn't saw any pictures of the school personnel helping us with the flow of the kids. Andl saw some kids walking andl believe that's a choice that we have as parents to send them to the after -school that is in Centro Mater at Jose Marti. That's the one they walk in the street. I also here because I work at the Ritz Carlton Hotel in Key Biscayne. We are partners with the Mater Academy, and we want to continue being partners with them. We believe these childrens [sic] are ready for other steps, and we have a program (UNINTELLIGIBLE) that we really want to continue. And for me it's very convenient to have this school. For me it was new when I moved to United States from Puerto Rico to see that I didn't have a school that is from kindergarten to twelfth grade. For me looking for three different schools at different level was like kind of weird, so I'm very positive that this is going to be great. When they mention the traffic, I'm not an expert neither, but I just want to know where is no traffic in Miami? We find traffic anywhere. There are parking issues anywhere. So I think the best thing that can happen to us is the Brickell Preparatory School. Thank you. Chair Sarnoff. What's your name again? Your name and your address. Ms. Blandon: Clariseli Blandon, 134 Southwest 7 Avenue, the ZIP Code 33130. Chair Sarnoff Okay, thank you. Ms. Blandon: You're welcome. Karen Segura: Good evening. My name is Karen Segura. My address is 498 Southwest 6th Street, Apartment 403, Miami, Florida 33130. I'm here because I support the school, Brickell Prep. I'm a single mother. I don't have the means to send my kids to a private school. I believe in education. And you know, I think that the program -- the education program thatAcademica or the Mater East schools put forth is, you know, a good option for me. Again, don't have the means for a private school. I do -- you know, I want my kids to have that better education, so that's the reason why I'm here and why I support. Chair Sarnoff Thank you. Yes, sir. Christopher Meadows: Hello. Good evening. My name is Christopher Meadows. I live in 800 North Miami Avenue, Apartment 1208 East, Miami, Florida 33136. That's actually District 5. And I'm not an expert, but unlike the good woman from Fort Lauderdale who thinks the children are stupid, I do live in an area where actually my neighbors are Space. My neighbors are the Miami Arena, the Triple A, the federal prison. Those are some of my neighbors. I think that a school in the area where my children could attend would be a much needed and much welcome addition to the community. I really can't, for the life of me -- I was really struggling to understand why we're having this. I mean, who could stand in the way of children and education. It just didn't make sense. Andl cannot imagine, for the life of me, any reasonable politician, elected official who would want to go down in history as having voted against children and education. I happen -- I heard one of the gentlemen speak and say that it was your duty to protect the community. Protect the community from what? From monstrous children? I happen to have two children who attendMaterAcademy, one of whom is five. She just started kindergarten. This is one of the monsters you need to protect us from? And the other one is out running around I'm sure, keeping some of the other children company. She is in fifth grade and soon to start middle school. So it's my understanding that you're here to serve us and we are speaking out and we are saying this is what we need, this is what we want, and we trust and hope that you will make the right decision. Thank you. City ofMiami Page 185 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnofff. Thank you. Applause. Chair Sarnofff. All right. The quickest way you'll find yourselves not testifying is by doing that, so let's not do that. We all agreed before, right? All right. You're recognized for the record, ma'am. Maria Lillo: Hi. My name is Maria Lillo. I live at 2000 South Bayshore Drive, Unit 24, Miami 33133. I have two children, both in Mater Academy. And my son is going to middle school next year and my middle school is very far. It's Ponce. So I would like to have nice school close by our homes, and) think that we need a good school, a good option, good choice like Pine Crest has and Palmetto Bay has, so that's why I support the school. Chair Sarnofff. Thank you. Yes, sir. Oliver Allen Ruiz: Mr. Chairman, my name is Oliver Allen Ruiz. I live in Miami. I work in Miami. I live at 1450 Brickell Bay Drive, Apartment 605. That's the Costa Bella building in your district. I'm on the board of directors of the Rotary Club ofMiami. I have made an investment in Miami. I would like to see Miami make an investment in my children's future, and I'm here on their behalf this evening. I have two children and) want to see quality education opportunities, public quality education opportunities in our neighborhood proportionate to the amount of taxes that I've paid in the last eight years since I have been a Brickell resident. If the criteria that I've heard from the appellant's counsel here is -- we've got to build it near a park, then I don't know where a school -- then I guess the decision is there won't be any schools in Brickell because last time I walked around the neighborhood, other than Simpson Park, which is a reserve -- a natural preserve, there's no parks there for no schools. So I would urge this Commission, and particularly you, Chairman Sarnoff, to listen to parents like me who have invested in urban life in Miami who want to continue to live in the City ofMiami as opposed to looking elsewhere where there are educational opportunities and moving out of the City of Miami. We want to continue walking to breakfast at (UNINTELLIGIBLE), going to Mary Brickell Village, and living the urban life that the City proposes. But unfortunately, if we don't have quality educational opportunities -- and this is an institution that has gotten national accolades -- then unfortunately, many ofyour constituents are going to be moving out and) would like to see this Commission approve the request of the school that has been made. Thank you. Chair Sarnofff. Thank you. Rosa Lopez: Good evening. Chair Sarnofff. Yes, ma'am. Ms. Lopez: My name is Rosa Lopez. I reside in 734 Southwest 24th Road. I have been a resident of the Roads for over the past 25 years, and as a future mom, I'm extremely concerned for the education of my children. I have been brought up in the area and) was educated in private schools. Fortunately, my parents were able to afford it. Nowadays with the crisis, the economy and high-rise -- the taxes and everything else, I won't be able to afford a private education for my children and desperately see the need for education -- public education where it will be not just any type of education, but it will be an "A" school education, which I know Mater Academy provides. I took the liberty of going around to several locations of theirs and been able to see the buildings and how they are in the communities around the area. And everything) saw was a very clean building with beautiful landscaping and very secured areas. Thank you. City ofMiami Page 186 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff. Thank you. Yes, ma'am. Sergy Odiduro: Good evening. My name is Sergy Odiduro. My address is 915 Northwest 1st Avenue, Miami. I'm sure everybody in here can come to the consensus that the key to education -- to success is education. I remember the day that received the phone call from Mater East Academy Charter alerting me that my children were accepted to the school. I got down on my knees. I cried. I thanked God because I knew that this would pave the way for my kids to receive a quality education. This school, Brickell Academy, will be a part of the tradition of excellence that Mater East Academy prevails on. I think that everyone else should receive the opportunity to receive an excellent education just like my children have. Not everyone has the means to afford it. Brickell Prep will also be a powerful incentive for the business investments in the area. Everyone knows every real estate agent receives the first question is, you know, are there any good schools in the area. Brickell Prep will propel our students to be the next generation of lawyers, doctors, and engineers. I implore you to approve Brickell Prep because our lives are in your hands today. Thank you. Chair Sarnoff. Thank you. Yes, ma'am. Judy Prado Lombard: Yes. My name is Judy Prado. I live on 528 Southwest 28th Road. I have lived in the Roads for the last 35 years, grew up in the Roads, actually attended Coral Way grade school. Unfortunately, overcrowded, and right now, as you probably know, kindergarten is in the portables in Shenandoah because there really is just a shortage of schools in our area. You know, our block alone, there is 14 kids, all under the age of ten. Every single one of them is going to private school right now and their parents are struggling to meet those needs. We have such a shortage of school. And as everyone else has explained, we ask you to do the right thing and make this school happen in our area. Thank you. Chair Sarnoff. Thank you. Yes, ma'am. Maria Tortaglia: Hi. Good evening. My name is Maria Tortaglia, andl live at 241 Southwest 19th Road, and I also pay taxes for a property on Brickell Avenue, 2475 Brickell Avenue. And I support this school because I feel like there's a huge need. There's lack of public education. And just like many others have mentioned, private school's very expensive, especially in the Brickell downtown area. I mean, I'm currently paying close to $1, 000 for Pre-K-2. Andl think that, you know, a viable school with a curriculum like Mater Academy is definitely a necessity in our neighborhood. Chair Sarnoff. Thank you. Ms. Tortaglia: Thankyou. Chair Sarnoff. Thank you, ma'am. Yes, ma'am. Rita Romero: Good evening. My name is Rita Romero. I live at 1040 Brickell Bay Drive, Apartment 102, Miami, Florida 33131. And as a single mom, for me also, education is very important. I need more opportunities, more choices for my son. He's going to middle school. And middle schools in the Brickell area, it's really far. And many school buses from 4th Avenue beyond, they don't come down. So I have to pay private transportation for him because I cannot be able to pick him up or bring him home. And it will be really close for me -- the school and the opportunity, the education. He's attending Mater East Elementary. He also attending Mater Middle, and for me, it will be very close because I know the charter schools already. I have -- I like being close to being -- to participate in his education. I like being -- I like participating in his education andMater schools have given me that opportunity. Thankyou. Chair Sarnoff. Thank you, ma'am. Yes, ma'am. City ofMiami Page 187 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Ingrid Fernandez: Hi. My name is Ingrid Fernandez. My address is 90 Southwest 3rd Street, Apartment 2704. I live in Brickell, andl have three young boys. They currently go to Mater Academy, which is a great opportunity for education for them. Basically, going back to those pictures that we saw, those are very misleading because those pictures aren't occurring like that. I have three years dropping off my kids andl have no issue with traffic. The flow is very well maintained by the staff and the officers they have hired to maintain the flow by. Andl really support the Brickell school because my kids need to get a better education and basically, all the middle schools and other schools around the area are not choices that I want for my kids. When I moved down here four years ago from Kendall, I would drive to Kendall 'cause I couldn't find a good school around the area. So we do need this in Brickell. Chair Sarnoff. Thank you. Yes, ma'am. Erica Rule: Hello. My name is Erica Rule. I live at 1219 Southwest 16th Street. I have two children, one is in kindergarten in those portables for Coral Way Elementary. By the way, they also have no playground right now. It's been a year. I would love for my children to attend a state-of-the-art facility run by a school that has such an excellent track record as Mater Academy. I would also like to not have to pay thousands of dollars for my two children to have to purchase that. Like several other people mentioned, I pay taxes also on two properties within this district. Andl think that it's something that, you know, the people of this community deserve. I also feel that it's not in the best interest of our community to ask people to drive six miles south to go out of their way to go to charter schools or other schools of choice. Talk about adding to the traffic and congestion in Miami. I would much rather take my children and drive them to a school that is several blocks away from my house so that we can, you know, spend more time together at home having breakfast in the morning or get home at a decent hour and talk about the day around the dinner table. I'm heavily involved in my children's school. I have been since they started in preschool. I will continue to be, andl am very much looking forward to the opportunity to participate and have my children in a Mater Academy school because I think that's what they encourage. I beg you, please. I support this andl wish you would too. Chair Sarnoff. Thank you. Yes, sir. William Santiago: Hi. Good evening. My name is William Santiago. I live in 1723 Southwest 2ndAvenue. Andl might add that's actually the building immediately next to the site that's being proposed. It's actually -- ifI might. Basically, for us young families moving into the area andl new to the area in terms of having come from a suburban atmosphere in Tampa about a year and a half to two years ago when we moved into the area, we found that the Mater East Academy program was what we wanted. Our proximity -- I also work in Brickell. I work in the corner of Coral Way and Brickell, and living here, I actually walk to work. So the proximity that we have is a huge benefit and a huge value. So it's about the options that young families like us, like this gentlemen right here said before. Those who live in Brickell who like Brickell, who want to be in Brickell don't have those options. They talk about private schools. Whether we can afford it or not, I think it's the responsibility of the Commission and the City ofMiami to provide good, quality education regardless of whether we could afford it or not. So I implore you to please consider this and pass this for our children and the necessities that we have in this area. Thank you. Chair Sarnoff. Thank you. Yes, ma'am. Katie Gant: Hi. My name is Katie Gant. I live at 120 Southwest 19th Road, which is just right around the corner from the site when you go underneath 95. Make the corner, I'm the second house right there. The reason I -- I don't have any children. The reason that I got interested in this is because in January or February of this year we received a flyer at our house saying crisis in the Roads. Children are going to be coming through our streets, tearing up our front yards, City ofMiami Page 188 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 you know, causing all this crime, and you need to get involved before these problems rear their ugly heads. And said, okay, what's this problem? I need to go to my neighborhood meeting and find out what this major -- what are these demons going to be doing to my front yard. And so I go to my meeting and everybody is opposing this school. There's no option to say I support this school, let's take a vote. How does the neighborhood want to vote on this? It was just straight opposition. And so I went to their meeting that they had at the Conrad Hotel andl found out more about this problem because I don't have kids right now. My husband andl just moved in the neighborhood. We just got married and we're looking to have kids. And for us to have an option to not pay $20, 000 a year like a lot of our friends are that have young children, this will be fantastic that we could have a really good option right around the corner from our house that our kids -- we don't have to spend that money that we don't have and we probably won't have when we have kids. And so I'm a researcher at the University ofMiami. I'm working on a PhD in biomedical engineering. When I look at problems, I look at facts. And I've gone to these meetings and I've learned the pros and cons of this, and there's nothing that can see that would make me want to oppose this project. So I'm asking you for our neighborhood, for the young families in our neighborhood to please support this. Thank you. Chair Sarnoff Thank you. Yes, ma'am. Nancy Suarez: Hello. My name is Nancy Suarez. I live at 1455 Southwest 21 Street, in Miami, 33145. Before I say what I have to say about Brickell Prep, I want you to know that I contribute to the parking problem and the traffic problem at my son's public traditional school. Every morning and every afternoon, I park in somebody else's yard. Anyhow, I'm the mother of a first grader. Last year he attended one of the Academica schools. He had an exceptional teacher. She was actually a maestra especial for Univision. His academic needs were being met at that -- at his instructional level at his school. He was making consistent proficient progress on the state assessments. His classroom had the latest technology and he was -- and it was being used daily in his instruction. We had some family circumstances that forced us to withdraw him from that school and put him in our traditional public school in the neighborhood. Although they assure me that instruction is going on at his school, his specific learning needs are not being necessarily met on a day-to-day basis. I know this to be a fact because I am an educator myself. My current position is working for the school district andl do visit charter schools on a daily basis andl address their reading curriculum. And I've had an opportunity to visit some of the other Academica schools and even some of the Mater schools to see what's going on at their schools, specifically with curriculum. Building after building, administrator after administrator, classroom after classroom, these schools have something consistent. It's that they have a rigorous academic program. They have college prep. They have technology. They have programs that are tailored to meet the needs of every student they have in their school and they have a lot of parent involvement. My son deserves a good school, and this school, Brickell Prep, and what the Mater schools and Academica represents are the type of school that are going to meet his needs and that are going to pave his way into the future and into college. Brickell Prep is the school for my son. Chair Sarnoff Thank you. Yes, sir. Charles Gibson: Charles Gibson, address, 3679 Franklin Avenue. I am a charter school board member for various charter schools. I extremely support the Mater school on Brickell. I think that we need to -- as Commissioners, you all need to look at providing certain public services to the community. Currently there are none in that area. Mater has a extremely good track record. They have been proven, andl think that you all need to take a very good look and support the program. Chair Sarnoff Thank you. Yes, ma'am. Millie Sanchez: Hi. Good evening. My name is Millie Sanchez. I reside at 445 Southwest llth City ofMiami Page 189 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Street. That's right on 15th Road. I'm an educator by profession. I've been in the education business for 14 years in the area. I taught at Miami Senior High School over eight years ago when it was still overcrowded. Right now Miami High is actually expanding. If you drive by, you see they're expanding because they are over capacity. Andl can tell you that the overcrowding, living in the area of the Roads, is something that's -- it's not new, but it's not going to go away. Andl live in a building that's somewhat empty. Apartments in my building in the Roads are empty because it's very hard to get some young people that are looking for places -- one of their main concerns are schools. I'm also here representing my neighbor, Regina Delucca. She lives at 111 Southwest 29th Road. She has three children. And one of her concerns is they just finished preschool at the Montessori school. And I was a teacher also at a charter school. And she came to me asking -- begging to be on -- put on that waiting list, what could she do because she did not know what to do with her kids and they live in the Roads. If you walk by the Roads -- if you're there at 8 o'clock in the morning -- I walk my pet every morning at 8 o'clock -- there's a school bus on the corner of 15th Road, a public school bus that comes to pick up children. Andl asked one of my neighbors -- one day I was seeing the school bus andl -- this project has been going on. I've been at the meetings here. Andl asked where they were going. Those kids are being driven to Ponce De Leon Middle School. So there are kids right now in that neighborhood in the Roads and there are -- there is a school bus that goes and they're driven to Ponce De Leon Middle School because there aren't any other options -- public school options there. And by the way, the nearest middle school -- we're looking at a school that's a K-12 for 1,700 students, and I know that seems large, but as an educator, you're looking at K-12, 1, 700. The nearest middle school serves three grades, 6th, 7th, 8th, and it's more than twice the size that number. We serve in middle schools 3,000 kids. This is really not a large school if you factor that in. Thank you for your time. Chair Sarnoff Thank you. Yes, ma'am. Ivette Alcoba: Hello. My name is Ivette Alcoba. I live at 2451 Brickell Avenue, Apartment 15H. I went last night to the meeting, the board meeting at our building, and I've been collecting all of the signatures from my neighbors and talking to all the parents who've gone to the Web site and shown their support. I beseech you to please make this happen. We need this in our neighborhood. Thank you. Chair Sarnoff Thank you. Albert Milo: Good evening, Commissioners. Albert Milo, 2100 Southwest 4th Avenue. I'm a resident of the Roads. And I'm not here talking today as my usual developer hat. I'm talking as a homeowner of that area and as a parent of four school -aged children. If you look at the reality of what's going on with the schools in the area, you got Coral Way Elementary and the opposition is talking about parking and traffic. Well, what did Coral Way do? Coral Way, because of needs, they needed to take open areas that they had and build a middle school. You look at South Side Elementary. What did they do? They had to take their open space and build a bigger school. Why? There is more residents. There is more need for schools in the area. This topic is -- I've lived in the Roads since 1997. I'm a product -- born and raised in Miami. I went to Miami Senior High School. What is Miami Senior High doing? They had to take the parking lots in front of the school and they're building classrooms there. It's a fact. There is more students. There's more kids. You need more schools. We've heard this before in the Roads, andl know part of the opposition is going to stand here and say that they speak for all of the residents in the Roads. That's not true. When they opened up the United Way Center for Excellence on 12th Avenue and Coral Way, we heard this. Where are the parents going to drop off the kids? We're going to have too much traffic. This can't be. You have the school on one side of the street, you got a parking garage across the street. How can this be? The kids, they're going to run in the street. No. There was a covenant proffered. All parents -- my kids -- three of my kids went to that school. You parked across the street. You were told when you enrolled in the school, these are the rules. This is the contract. You park across the street, you get out of City ofMiami Page 190 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 your car, there's a crossing guard there. You walk your kids into the classroom. You drop your kids off. You walk back across the street. You get back into the garage and you go one way and you go out of the neighborhood. So traffic -- I mean, elementary school kids, they don't -- you know, there's situations -- Chair Sarnoff In conclusion. Mr. Milo: -- to handle this stuff. And certainly don't believe that everybody in the Roads or the representatives of the Roads Association speak for everybody that lives in the Roads. Chair Sarnoff Thank you. Yes, sir. Roger Cruz: Yes. Good evening, Commissioners. My name is Roger Cruz. I live at 360 Southwest 28 Road. I'm right smack in the middle of the Roads. And I'm here to support the application. Of course, what can I say in two minutes to convince you all to vote and approve of this petition? Well, essentially, I'm here as a parent. I am a professional, along with my wife. We are both public servants. We implore you to approve this school because the community definitely needs one. Next to our house it would be an awesome event. If you look at the type of school that will be approved and placed there, the quality of the staff and the management, that coupled with the fact that it would be paid through our tax dollars and not be a detriment to our actual family budget would be amazing. I can only ask that you give my two boys, ages six months and three years, who would obviously attend this school, the opportunity that had. I went to a magnet school when I was a kid. It was publicly funded andl ended up all right myself. I'm an attorney, but like I said, a public servant. So I know there's obviously an opposition. If not, we wouldn't be here today. But if you really think about it, the benefit to the people of the Roads, like myself and my wife, the gentleman that spoke before, and haven't heard a single voice that has echoed any sentiment against it -- the people are not nearly represented by a community organization of older individuals. And no disrespect to their age, but I want you to focus on the age of the folks that are voicing a positive opinion. Those are professionals with kids that deserve to have their children have an education that isn't paid for in a private sector. So give me and my other folks in the Roads a chance to have their kids go to a good school that's local, that's close to our work in downtown. Andl see my time is up. Again, I appreciate it. Thank you. Chair Sarnoff Thank you. Commissioner Gort: By the way, don't knock age. Mr. Cruz: Absolutely not. Wisdom comes with age, Commissioner. We know you're going to do the right thing. Thank you. Chair Sarnoff You know he loves when people pander to him. You're recognized for the record. Maria Lievano Cruz: Hello. My name is Maria Lievano Cruz. My address is 360 Southwest 28th Road. And l just want to say that I'm not an expert. I'm not a traffic engineer, butl am a parent and live in the Roads area. And am your constituent. I voted for you, Commissioner Carollo. And as a parent, I know that there is a need for a quality school in this area. Let me finish before you -- Chair Sarnofff. I'll say it for him. Ms. Cruz: Okay. Chair Sarnofff. He knows everybody that voted for him. City ofMiami Page 191 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Vice Chair Carollo: Mr. Chairman, no, no, no. Did you also vote for Mr. Diaz de la Portilla? Ms. Cruz: I'm not going to say that right now. But yes, I did. Actually, I did, okay. So -- but seriously, I'm here as a parent, andl can tell you that there is a need for a good quality public school option in our neighborhood. Andl can also tell you that the opposition to this school does not really represent the desire of this neighborhood. Unfortunately -- or fortunately, many of us are working parents and we can't be here today. But I know -- and fortunately for me, I have grandparents that are able to stay with my kids and so I can be here today. Andl feel that this is very important andl wanted to take the time to be here today. But I know that you've all received petitions of parents and residents of the area that are in support of this school, andl hope that you take that into consideration today. And I'm glad that the speaker before me had an opportunity to come before me because my kids are also at the United Way Center for Excellence, andl can tell you that there is no issues with traffic. Kids come in and out of that school no problem. And it's great, and I'm really looking forward to having this school in our area so that my kids have an opportunity to attend a public option in the Roads area. Thank you very much for your time. Chair Sarnoff Thank you. You're recognized for the record, sir. Sion Williams: Hi. My name is Dr. Sion Williams. I'm a resident of the Roads, homeowner and a father. I've lived there for the last three years. My daughter attends the Montessori school in the Roads at the moment. And we are -- feel somewhat limited in our choices for her elementary school. And we would really, really love to have a charter school in our neighborhood. With regards to the traffic and things, one of the reasons why my wife andl moved to the Roads was that she can walk to work at the Science Museum; I can travel to work by Metro. We currently walk our daughter to school every day. If we don't walk, we take her by bicycle. And this would continue for us if she went to school in the proposed school. Chair Sarnoff Thank you. Mr. Diaz de la Portilla: Mr. Chairman, let me just ask Mr. Williams one question. Were you a member of the Roads Civic Association -- Homeowners Civic Association at one point? Mr. Williams: Yes. I believe I am still a member. I've paid my dues this year. Mr. Diaz de la Portilla: Were you on the board? Mr. Williams: Yeah. I am -- at the monthly meeting on September 29 -- I had received a flyer from the Civic Association arguing against the proposed school in my gatepost. Andl was a little bit shocked that this was the first I'd heard of the school, andl was also a bit surprised at the language that was being used to discredit the school. So I attended the meeting on September 29 and it so happened that at that meeting they were taking a vote for board members for the next year's board for the Roads Association. Andl made it quite clear at the meeting that I was in favor of the school. And while -- once it was -- as the voting process was declared, I proposed myself as a candidate for a member of the board andl was duly voted onto the board that evening. And about half an hour after it was announced by e-mail that I'd been voted onto the board, I received a second e-mail saying that I had been removed from the board, along with a colleague of mine who had also made it quite clear she supports the school and a third gentleman who I'm not familiar with his opinion on the school. And the reason given for this was that we had not been members at the Civic Association for a sufficient amount of time to nominate ourselves as candidates to sit on the board. I was quite surprised at this because no one mentioned this at the meeting, no one mentioned it during the voting process, and no one mentioned it when the results were first announced. Chair Sarnoff Thank you, sir. City ofMiami Page 192 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Williams: Thank you. Chair Sarnoff Yes, sir. George Lombard: George Lombard. I'm here with my wife, Judy. Live in 528 Southwest 28th Road. Been in the Roads about eight years. My wife grew up in the neighborhood. We have two boys that have both attended United Way. And like a couple other fathers here, I take pride in trying to do the right thing. Andl ride my bike with my kid, walk my kid to school. And just the children are our future, so I would like for my kids to have -- we're thinking about a third, andl would like to have our kids have the best education possible so I support the school. Thank you. Chair Sarnoff Thank you. Yes, sir. Go ahead. Did you speak already? Unidentified Speaker: I did. And if the Chair would allow and if counsel does not oppose? Chair Sarnoff Well, I'm not going to -- we're not going to have dupes, so you spoke -- Unidentified Speaker: Okay. Chair Sarnoff -- and you had -- Unidentified Speaker: There was something that I just left out and I thought it was important to mention. Chair Sarnoff I understand. Thank you very much. Unidentified Speaker: Okay. Chair Sarnoff Yes, sir. Ramon de la Cabada: Good evening. First of all, my name is Ramon de la Cabada. I have two addresses in this area, 800 (UNINTELLIGIBLE) Island Drive, Apartment 2101, Miami, Florida 33131, and 34 Southwest 28 Road, Miami, Florida 33129. Thank you all for your patience today. I appreciate the work you're doing. As I sit here, I've been a resident of the Roads since 1973. I went to St. Peter & Paul, lived here -- you know, my parents live in the Roads. That house in the Roads that bought was my parents' house, the house I grew up in. Now they live on 24th Road and Coral Way. Andl always envisioned going to private school andl always envisioned -- that's the way my parents did it. And then I started seeing the taxes that was paying, andl had to think otherwise because, frankly, I expect more out of my taxpayer dollar. And the opposition, what they're talking about, with all due respect, they're talking about traffic and things of this nature. Guess what? That's already here. We're a metropolitan city. The vision of the city has arrived. There's a lot of people in this area and there's a misperception. There's a perception that Brickell is only about single people wanting to party, andl think the evidence you've seen today overwhelmingly shows something different. Andl think as a community, we all need to do a little bit of a paradigm shift. You see people here that are willing to adapt, to ride their bike. Just because some other people haven't done it doesn't mean that's not the way the future is going to be. We have to adapt. We live in a very high -density area, and this is a very viable solution that gives people the educational needs you've been hearing about. Thank you for your time. Chair Sarnoff Thank you. All right, back to you? Mr. Diaz de la Portilla: Sure. Is there anybody else that would like to speakfrom --? I guess there's one more lady, Mr. Chairman. City ofMiami Page 193 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff. If you're not up here -- if you're not standing up there -- this is it, right? Mr. Diaz de la Portilla: Yeah. Chair Sarnoff Okay. Anna Lopez: (Comments in Spanish not translated.) Mr. Diaz de la Portilla: Hold on for a second. Do we have an interpreter or may I serve in that capacity, if possible? Thank you. Ma'am, your address -- your name and address again, please. Ms. Lopez (as translated by Mr. Diaz de la Portilla): My name is Anna Maria Lopez, 999 Brickell Bay Drive, Apartment 810 is her address. It will be a great idea for you to approve the opening ofMater Academy. This is a great opportunity for those of us who live on Brickell. The middle schools are very far from Brickell Avenue proper. That's why I ask you to please consider a new Mater Academy and the new opening here in the community. Thank you. Chair Sarnoff Thank you. All right, back to you, counsel. Mr. Diaz de la Portilla: Okay. We had just last left off with the testimony of our architect, Mr. Rolando Llano -- Llanes, rather, from Civica. And before we move on, I'd like to ask Mr. Francisco Garcia, your Planning director who did provide testimony, if he had the opportunity to review the parking analysis and the parking proposal that we submitted -- or plan that we submitted as part of our application? Mr. Garcia. Mr. F. Garcia: Yes. Originally, when the application was submitted, I did not personally review it. As you know, my predecessor did. But Mr. Barnaby Min, the Zoning Administrator, can attest to the fact that they are in compliance with the parking requirements as required by Zoning Ordinance 11000, the previous zoning ordinance applicable for this particular proposal. Barnaby Min (Zoning Administrator): That is correct. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. You're recognized. Vice Chair Carollo: Question. And I'm asking this because I heard time and time again what your Planning Department agreed to or recommended or so forth. My first question, you said under 11000. Under Miami 21, would this be adequate? Andl understand we're -- they filed under 11000 and so forth, but under Miami 21, would this be an adequate use? Mr. F. Garcia: The use itself would be adequate, yes. It is contemplated in the new zoning designation, which is T6-8 O. In terms of parking, the parking calculations are significantly different as provided for Miami 21 vis-a-vis those provided in Zoning Ordinance 11000. I can tell you that in an ordinance that is actually being presented to you later today, I would imagine we are coming closer to the parking requirements set forth by Miami -Dade County Public Schools, which I believe in previous testimony they alluded to the fact that they were in compliance with as well. So essentially, in a nutshell, they would be generally in compliance with the applicable parking requirements. Vice Chair Carollo: Under Miami 21 also? Mr. F. Garcia: Yes, that's right. City ofMiami Page 194 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Diaz de la Portilla: At this time, Mr. Chairman, I'd like to call our traffic engineer, Mr. Richard Garcia, and if he could just briefly go over his credentials as a professional engineer in the state of Florida -- licensed professional engineer in the state of Florida, duly qualified to give expert testimony. Please go ahead, Mr. Garcia. Richard Garcia: Thank you. Richard Garcia, 13117 Northwest 107th Avenue. I'm a licensed professional engineer. I've been licensed in the state of Florida to practice engineering since 1999, also work with the Florida Department of Transportation as a traffic operations engineer, where I've gathered a lot of experience, specifically in traffic operations analysis. And I've heard a lot of testimony from planners, which I think are slightly overstepping their boundaries because this is really not necessarily a planning event. I guess you could construe it as a short-term planning event, but really, the difference between engineering and planners is the horizon that you look at. And typically, planning involves looking at horizons of ten years, twenty years. As a matter of fact, I know some transportation planners that are working on the long-range transportation plan for the year 2060. So really, they're, I think, ill-equipped, with all due respect, to analyze traffic impacts and traffic analyses for schools. Having said that, I've also done a lot of traffic impact studies in Dade County specifically, somewhere in the neighborhood of 40 to 50, some even for the Miami -Dade County School Board, which have been done by other traffic engineers and had really poor results. As a traffic engineer, I work closely with Civica and the architect, the school administrators and developer to really look for solutions and to come up with ideas to solve a lot of the traffic issues. I've heard a lot of issues and complaints and problems, if you will, for lack of a better term, with traffic, but no solutions. And the purpose of a traffic engineer is really to find solutions. And our -- my traffic impact study that I've performed is really a working document to some degree, and we continue to work with the administration to solve traffic problems. It's sometimes ongoing. And it was alluded to earlier that the traffic study was completed in February and in fact, the one that we submitted has that date in the cover and because -- our initial study I finished in -- back in February. But we had met with the various homeowners associations in opposition and in order to try to alleviate some of their traffic concerns, we tossed around other ideas and came up with other analyses and other suggestions in our report and hence, our analysis was revised with the October date. And one of those was really the idea of the shuttle bus and shuttling traffic. A lot of the public schools, in order to alleviate their traffic congestion, they use large school buses, which I will get into a little later when I address some of the ITE, the trip generation that was brought up. There's been a lot of misuse of terminology and technical lingo, if you will. There is -- it is 1,700 school -- 1, 700-student school, right, and the mention -- a couple of the opponents mentioned that the ITE for the 1,700 school -- students could generate 4,000 trips. Well, the first problem is that those would be gross trips, and that's really the starting point that a traffic engineer works from, the gross trip generation. Then we look at how are these trips going to be assigned, what are the mode choice, and that's the second step. Apparently, all the planners had just stopped at step one. Traffic engineering is a four -step process. So the trip generation is the first step. The second step is the mode choice. Third step is distribution, and assignment is the fourth step. So they stop at step one. They give you some comparisons of gross trip generation whereas we take it -- all four steps as I'm required to as a professional engineer. To give you some factual information, there's -- in ITE, first of all, I think someone may have stated that the incorrect ITE land use was used and that should have used charter schools. Well, first of all, charter schools is a new concept in the whole public school education. There is no land use in ITE for charter schools, so whoever stated that was categorically incorrect. What there is in the ITE is two types of land uses for schools. There's private schools and public schools. Now the public schools don't have a category for K through 12 because I don't know of any public school that's K through 12. They're typically private schools. So what you have for the public schools is elementary, middle, and high school. And of course, for the private schools, you have the K through 12. So we looked at the private school, and that's the land use that we utilized. However, we also said, well, let's take a look at what the public school -- because a charter school is a type of public school in fact. It is not a private school. And so we looked at what the ITE has for adding up three schools, and l just divided the 1,700 by 3 to see what the comparison City ofMiami Page 195 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 would be and that is in the appendix. And they failed to point that out because, again, they only look at the gross trip generation to try to give you one point of view. But when you look in our appendix, we have the trips there for public schools. And if we take three separate public schools and lump them all together, stack them one on top of the other, if you will, the trip generation comes out to just under 800 trips, and these are gross trips before we start applying them to different types of modes. You know, whether they're going to be -- we'll get to that in a second. So I just want to give you some background. This could be around 800 trips if these were three separate public schools. Now if there were three separate public schools in one facility, obviously, you would have some overlapping of staff and faculty and things of that nature, so that number even it has a little bit of a stacking effect. Regardless, that number generates 42 percent less traffic than what I used. I used the private school. It generated the gross trips that are on that board right there in front of you, which I believe my number is 1,377. So I tried to use the most conservative approach in our analysis. So our gross trip generation is 1,377 trips. Again, these -- gross trip generation. It's step one. And there was no hiding it. I mean, that table is in the report, andl tried to make it as large and as bold as possible so that we could show exactly what the analysis entails. So from that gross trip generation, we calculated how we can -- and this was in the further analysis -- how we could accommodate 600 students by shuttle. So 400 of those 86 trips could be accommodated by using just two shuttles making various trips. And all the details of these calculations are in our study, in our report -- specifically in the report and also in the appendix. And some was attributed to pedestrian and bicycles and transit. Andl know that they -- the opposition has made issue to the number of trips that, you know, are going to be on bicycle and the number of trips that are going to be on transit. Well, these numbers are calculated from the methodology of your downtown DRI. I don't come up with these numbers. You have stated percentages -- and they're in our trip generation table for the downtown DRI, the Brickell area -- of what is acceptable. Those same percentages have been used on every single Major Use Special Permit in the City, whether they've been in the Brickell area or they've been in the Overtown area or they've been in the different -- in the four different areas that they (UNINTELLIGIBLE). So I don't come up with these numbers. I'm starting with the highest possible trip generation value that there is. I'm using the appropriate rates for transit and for bicycles and then the remaining is the actual trip generation -- now -- which is the 489 trips. Now you have to understand one thing about trips. Trip -- 489 trips does not mean 489 cars, okay. A trip is when a vehicle crosses the driveway, so one vehicle entering and exiting causes two trips. If the distribution's 50-50, it's half of that. But what you -- what normally happens is in the morning there's more traffic coming in because it includes the traffic from staff and faculty. Regardless of that, that's all in the analysis, again. Just trying to point out some common sense things that you could probably appreciate. Of the 489 trips, if we try to get all that traffic in in one hour, we know we're going to have some traffic issues., so to alleviate that, one of the most common ways of doing that is to spread the load over more than one hour, and we looked at having three arrivals and three dismissals, which is one of the most practical uses right now. Even though there are a few schools in Dade County with four arrivals and four dismissals to, again, alleviate the impact, to spread it out over a longer amount of time. So using all that, we have done the trip generation. The opposition failed to point out that when we look at the operational impacts, which is based on level of service, we looked at eight intersection level of service. They all -- seven of the eight intersections had level of service A. There was one, which is the five -leg intersection that had level of service D. It's a stop -controlled intersection. Andl know that one on Coral Way 'cause when I was at DOT (Department of Transportation), that one's had problems for many years 'cause of the geometry. It's very odd. But that's not one of the greatest impacted intersections. Of the other -- the seven intersections, they were all level of service A, existing condition and proposed condition. But the opposition failed to point that out. They also mentioned something about criteria three, that traffic has to minimize access and conflicts. And these are really design elements. And these are not elements that are taken care of in a traffic study, design elements of traffic conflicts. And although the traffic conflicts have been minimized because the way you minimize traffic conflicts is with the number of driveways. If you have a site and you put ten driveways, well, you're going to have a lot more conflicts than if you have that same site with two driveways. Well, in this case, each one City ofMiami Page 196 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 of the sites has one driveway. You cannot minimize conflicts less than one driveway unless you landlock it and you don't provide any access. And so, you know, by virtue of just having one driveway, the conflicts -- the traffic and pedestrian conflicts are already minimized. The accumulation in the analysis that we used is based on empirical data that we have collected. We have done traffic studies for about 40 to 50 schools in Dade County, and we've collected empirical data for about approximately 20 of them. And we used -- of those 20, we used 5 sites to accumulate and determine what the stacking and the queuing would be. And that's how we determined our maximum queue. And we yielded 102 percent stacking. That means we -- the criteria that we used is to try to meet at least 100 percent of the vehicle stacking on -site, and we do meet that, in the a.m. and in the p.m. There was also a suggestion that there should be a queue of approximately -- or someone mentioned something to the effect that they've seen schools with 150 vehicles of queue. Well, that would come out to around 3, 750 feet or seven -tenths of a mile. I don't think that they're putting that idea in the context of an urban school. I've never even seen anything like that of all the schools I've done in Dade County, a queue of seven -tenths of a mile. So, you know, there's a lot of misinformation. I think there's a lot of exaggeration being thrown around but not really factual information. There was some comparisons on the trip generation with office and how much more traffic a school trip generation -- how much more traffic a school generates and there's some validity to that. But there isn't validity to if the office is a medical office. Medical offices generate a lot more traffic than ordinary office because they have doctors and dentists and things of that nature. And when welook at the trip generation for a medical office during the p.m., it does generate significantly a lot more traffic than a school does 'cause during a p.m. peak, between 4 and 6, typically 5 to 6, schools are basically dead. So really, the school's main impact is during the a.m. peak for a level of service condition. And during the afternoon, its great peak is that of queuing. And that's why our analysis looks at a.m. peak for level of service and p.m. peak -- even though we do an a.m. analysis for the queuing, but we look at the p.m. peak as the critical for the queuing, and we do meet 100 percent. There's also have been some discussions as to the location of the site, you know, and saying that this is, you know, not the right location for this site. That it's a great project, but it shouldn't be here. Well, the truth is that sites need to be closer to their target audience 'cause overall what that does is that reduces trip length. And so by reducing trip length -- and it's really not something like a traffic engineer can quantify with hard numbers, quite frankly. We could come up with some soft numbers, but we really don't quantift, with hard numbers. But reducing trip length really is a benefit to all the motoring public. So -- and there has been lots of testimony that -- you know, how far people have to drive to take their children to school. Yeah, because the schools are not in the area. So you think, well, there's going to be all these trips coming in and out of this street because of this school. Well -- but those trips are going to be much shorter and there's also the opportunity for transit and for walking and for pedestrian. So the overall impact, I think, if you could look at it at the entirety and not just one specific element, you get a benefit, and that's often the case when you put appropriate uses where they're needed, hotels and hospitals and things of that -- because you reduce the trip length. I think I'll conclude with that, unless you have any other questions. Mr. Diaz de la Portilla: Just some real quick questions. Just explain to us, when you take, again, the highest number of trips that you could possibly take to start off with, apply what the ITE manual says you must, what the law says you must in terms of trip productions and include the four shuttles, how does the school function and feel? What does this last number mean here at the end of the chart? 'Cause there's been a lot of talk about 1,700 kids. What is the net result of our extensive traffic mitigation? Mr. R. Garcia: Right. The net result is that we get a school that has the equivalent of 604 students. So that's what we've -- that's how we've mitigated the size of the school is by looking at these other mode splits and implementing shuttle service to get a school of an equivalent size of 600 -- and really, this really wasn't for the traffic engineers. We don't really use this. I think this was really more to be able to explain to the public and to put into the report as a graphic. But really, for us, you know, being engineers we crunch the numbers and they give us what they give City ofMiami Page 197 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 us. But that's the effect of that. And there was also mentioning -- someone mentioned that 241 by transit, meaning like 241 kids are going to come by transit. That is not the case. See, the children that we use to calculate all these numbers is called the independent variable. It's just a variable that's used to calculate the trips. Embedded into that variable is the staff administration, and the other trips. So it doesn't mean by any token of the imagination that 241 children -- and remember, trips are two ways, so we'd have to even reduce that by half if we're looking at a 50-50 split. But it doesn't imply by any way that 241 children are going to be riding transit, but that there is a component of transit andl believe it's 14 percent right out of the downtown DRI. Mr. Diaz de la Portilla: Real quick. Another question for you. Now the analysis that you have here, including the four shuttles, the different entrance times, if you will -- Mr. R. Garcia: Arrival and dismissal. Mr. Diaz de la Portilla: -- and dismissal times and what have you, that -- when you apply all that, the net effect is that of a school of 604 students, correct? You just said that. Mr. R. Garcia: That is correct. Mr. Diaz de la Portilla: And that's the 489 trips that you just described. Mr. R. Garcia: That's correct. Mr. Diaz de la Portilla: If you were to apply -- if parents were to, in addition to this, choose private transportation (UNINTELLIGIBLE), as we say in Spanish, the little bus that picks the kid up at the school and takes a private transportation, would those numbers drop in terms of trips? Mr. R. Garcia: Sure. I would categorize that as carpooling, and we didn't look at a carpooling type of scenario, but sure. If the school or parents implemented a carpooling program, again, these trips would be reduced. Oh, and by the way, I did want to state that when we used the private school ITE trip generation, when you read in the manual, you know, how they describe that land use, it's private schools in a rural setting where almost everyone drives. I mean, I'm paraphrasing it, but that's almost like the quote that ITE has for that land use . So it's not a land use of a school in an urban setting. But I thought, well, if this is the worst -case trip generator, then we'll work from that and try to come up with appropriate solutions. Mr. Diaz de la Portilla: Another question for you, Mr. Garcia. You've heard the objector's Broward planner talk about inflated deductions for transit. Could you address that real clearly and unequivocally for the Commission? Did you inflate the deductions for transit here? Mr. R. Garcia: No. The transit are right out of your downtown DRI. I'm sure some of you have seen me here before on various MUSPs (Major Use Special Permits). I may have done maybe 20 or 30 MUSPs in the City and these are the standard factors that I have received approval from from your traffic consultant on all those projects regarding these factors. These are the standard factors that the City has determined. I didn't come up with these factors; the City has, and the City has adopted them and accepted them. Mr. Diaz de la Portilla: And are you familiar with Ms. Hughes, the objector's opponent? Mr. R. Garcia: Yes, I am. Mr. Diaz de la Portilla: Objector's planner from Broward. Mr. R. Garcia: I am. City ofMiami Page 198 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Diaz de la Portilla: Has her firm used your expertise as a PE to do work on traffic engineering? Mr. R. Garcia: She has. Mr. Diaz de la Portilla: Thank you. I have no further questions for Mr. Garcia at this moment. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: Thank you. From your chart, I'm seeing 255 pedestrians or bicycles. You're -- are you assuming that 255 students will ride their bicycles to school? Mr. R. Garcia: No, absolutely not. That's why I was making the reference with the transit. That's the variable we use to calculate the trips. So the equivalent variable, you know, from the percentage is 255, but it in no way indicates that there is going to be 255 students. But -- first of all, that's the pedestrian and bicycle reduction from the DRI, so we're clear. And that's what the equivalent comes out to. So 255 could potentially be the number of bicycle trip -- bicycle trips that are reducedfrom -- it's pedestrian and bicycle, so it's not just bicycles. Vice Chair Carollo: Right, right. But I'm just doing simple math. You have a total of 1, 700 students. Then you have 600 by shuttle, 255 by bicycle, 241 by transit, 640 -- 604 students by vehicle. IfI add the 600, 255, 241, and 604, I get 1,700 students. Mr. R. Garcia: Correct. Vice Chair Carollo: So it seems to me like 255 students are going to be riding bicycles, or at least that's what you're assuming. Mr. R. Garcia: Well, that's the -- that's -- when you calculate using the percentage, the 14 percent, that's what it comes out to. It's bicycle and pedestrians. It's both. They're lumped in together. We don't have no way of segregating it because the value that's provided in the DRI is that. It's -- andl believe it's -- don't want to guess, but I think it's 14.1 percent of your gross trip generation. Vice Chair Carollo: And you are an expert, right? You are a -- Mr. R. Garcia: Yes. Vice Chair Carollo: -- traffic engineer or expert or --? Mr. R. Garcia: That's what they say. Vice Chair Carollo: You have one of those titles. Mr. R. Garcia: It's 15 percent. I just checked. Vice Chair Carollo: Okay. As far as 2ndAvenue, I was -- I heard -- I'm not sure by who -- that it was 20 feet wide? Mr. R. Garcia: I didn't measure it. I would probably venture to say it's 22 because the 11-foot lane is the most common -- Vice Chair Carollo: Well, you're an expert so -- City ofMiami Page 199 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. R. Garcia: Well, what -- I can only testify -- no, I know it's 50-foot right-of-way, but I haven't measured the pavement so -- Vice Chair Carollo: The reason why I ask, is there room for a bicycle lane there? And I'm only thinking about safety. Mr. R. Garcia: I don't know. Vice Chair Carollo: You don't know, but you're an expert? Mr. R. Garcia: I don't. That's right. Vice Chair Carollo: And you don't know if 22 -- Mr. R. Garcia: But I could -- that doesn't mean I can't find out or I can't determine that. Vice Chair Carollo: Well, I figured that was a simple -- that would be a simple answer. That's why I'm asking. Mr. R. Garcia: Right. Vice Chair Carollo: I didn't think it'd be too difficult in a 22-foot-wide street, if a bicycle lane could actually fit. Mr. R. Garcia: No. There's two types of bike paths. There's a dedicated bike path and there's not -- but I don't think you have the room for either -- without additional pavement. Vice Chair Carollo: So there wouldn't be room for a bike lane, even though 255 students -- Mr. R. Garcia: I don't know if there's room for additional pavement. Vice Chair Carollo: Who's the expert? Mr. Diaz de la Portilla: They both are. But basically, your testimony is that the right-of-way is 50 feet wide, correct? Mr. R. Garcia: The right-of-way is 50 feet wide. That part am sure of. Mr. Diaz de la Portilla: Okay. The public right-of-way is 50 feet wide. Mr. R. Garcia: The public right-of-way is 50 feet wide. Mr. Diaz de la Portilla: The paved space -- Mr. R. Garcia: I'm not sure. Mr. Diaz de la Portilla: -- is 22 feet, approximately, according to Mr. Llanes, who has been out there measured. Mr. R. Garcia: I think it would probably -- they mentioned 20 feet, andl don't think it would be 20 feet. I would probably -- Mr. Diaz de la Portilla: The standard is 11 -- City ofMiami Page 200 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. R. Garcia: Eleven foot -- Mr. Diaz de la Portilla: -- feet for each -- Mr. R. Garcia: -- is the most common. Mr. Diaz de la Portilla: That's 22 feet. Mr. R. Garcia: 22 feet. Mr. Diaz de la Portilla: So that leaves what -- do the math. Twenty-eight feet of right-of-way. Mr. R. Garcia: Yeah. You -- well, you still need sidewalks and parking area. Vice Chair Carollo: Mr. Diaz de la Portilla sounds more like the expert. Mr. Diaz de la Portilla: I'm just asking the questions. Real quick, just on the queuing. I did want you to just address that a little bit. You mentioned that we accommodate or account for 102 percent -- not 100 percent -- of our needs for stacking and queuing. Can you just address that real quickly using this chart? Mr. R. Garcia: Yes. We evaluated the projected queuing -- and again, it's in the report in the appendix, that's Table A-7 -- and the spaces provided for the passenger vehicles. We provide -- in the a.m., actually, we provide 156percent because the queuing in the a.m. is not as significant because the parents show up, they drop off much more efficiently, and they don't have to specifically wait until the child gets dismissed, and so the critical time is always the p.m. But we do meet 102 percent of the passenger vehicles, the shuttles, 100 percent 'cause we allow for four shuttles, and we also looked at the high school student and our empirical data gave us 35 vehicles for the high school. And again, this empirical data is based on local counts that we've taken in Dade County. Mr. Diaz de la Portilla: And you've submitted your report for the record and it's part of this record? Mr. R. Garcia: It is. Mr. Diaz de la Portilla: Thank you, Mr. Chairman. I don't have any further questions. Chair Sarnoff Mr. Gibbs. Mr. Gibbs: Mr. Chairman, just a few questions. Mr. Garcia, is this school located in the downtown DRI? Mr. R. Garcia: Yes. Mr. Gibbs: It is? Mr. R. Garcia: Yes, it is, the Brickell area. Mr. Gibbs: It's in the -- this school is located within the boundaries of the Downtown Development of Regional Impact? Mr. R. Garcia: Yeah. The Downtown DRI includes Allapattah. It includes the Omni. It includes the Brickell, and it includes downtown. It has four areas actually, and there's different factors -- reduction factors for all four areas. City ofMiami Page 201 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Gibbs: Okay. That's fine. Also, talking about the site selection, were you involved in the site selection for this particular project? Mr. R. Garcia: No. Mr. Gibbs: Did you -- were you questioned at all about it prior to the purchase of this property -- these properties? Mr. R. Garcia: No. Mr. Gibbs: Okay. And you don't know if the owners looked at any alternative sites for this site? Mr. R. Garcia: No. Mr. Gibbs: Okay. Thank you very much. Chair Sarnoff Thank you. Ms. Huber: I know it's late and we've been going on forever, but very quickly. Is your analysis predicated on the pro rata distribution of the breakdown of the elementary, middle, and high school? Mr. R. Garcia: No, it's not. I mean, we assigned for trip generation to calculate how the arrivals are, and you mistakenly mentioned that there was like 570 some odd high school students, which you mistakenly extrapolated from the appendix. That would have been mentioned in the report. It's text -- Ms. Huber: Those were your direct -- Mr. R. Garcia: Excuse me. I'm still answering. Ms. Huber: -- answers to me. Mr. R. Garcia: Let me finish answering, okay. It would have been explicitly stated in the report if that was the case. It was calculated based on a K through 12 of 1, 700 students. You see, sometimes it happens. You know, probably, like not being an attorney, ifI tried to read legal matters, I may have a wrong interpretation. Well, that happens when laypeople also extrapolate data, information from appendices of an engineering report and then draw conclusions. Ms. Huber: I believe that those conclusions were given to -- by you to me at a meeting on Monday, but I'm not going to go there. I'm not here -- Mr. R. Garcia: If that was the case -- Ms. Huber: -- to argue with you. Mr. R. Garcia: -- then I misspoke then andl apologize. Chair Sarnoff All right, all right. Let's not have colloquy amongst each other. Commissioner Gort: Excuse me. Ms. Huber: I'm not here to argue. City ofMiami Page 202 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff Just ask questions. Commissioner Gort: Excuse me. Ms. Huber: Are you aware of any other location, any other school --? Chair Sarnoff Wait, wait, wait. Stop. Commissioner Gort has a question. Commissioner Gort: Once again, ask your question, get an answer, and let's not argue. I mean, I deal with lawyers all the time. And let me tell you, lawyers can argue for a word for five hours. And right now, it's kind of late and we have 12 cases to listen to, so please, ask the question and get the answers. Thank you. Ms. Huber: I agree. I wasn't arguing. He was -- Commissioner Gort: Thank you. Ms. Huber: -- arguing. Are you aware of any other school of a similar size located within the City ofMiami on a dead-end street? Mr. R. Garcia: Can you define size? Ms. Huber: Seventeen hundred students. Mr. R. Garcia: No. I'm not aware. Ms. Huber: Would you agree with your expert architect that this is a unique site? Mr. R. Garcia: I would say it's unique. Ms. Huber: In making your determination that you meet your queuing requirement at 102 percent, is that taking into consideration or relying on the use of the shuttles? Mr. R. Garcia: Yes. Ms. Huber: So that analysis would not be accurate if you did not use the shuttles? Mr. R. Garcia: It included the shuttles. Ms. Huber: Okay. Thank you. Mr. Diaz de la Portilla: I'd like to -- Thank you, Mr. Garcia. Nothing further. I'd like to just quickly walk you through some of the extensive mitigation measures that we've taken to address the concerns of the few objectors to this application. And we've mentioned some of those already, but just a quick summary chart. And again, just a real quick point to address the issue of a traffic study. Your code doesn't require it -- 11000 doesn't require it. Miami 21 doesn't require a traffic study. We did one, and we turned it over to them ten days before so they could -- the objectors could have plenty of time to take a look at it. You know, by way of comparison, whatever study their planners did, which is not a traffic study since they don't have an engineer and haven't proffered any expert testimony from an engineer on traffic, was given to me or I received just a couple of hours before this hearing. These are the extensive mitigation measures that we've taken. Various trip modes, car, transit, walking, and shuttle. Now the shuttle was incorporated in one of the many meetings we had with parents in the area, and we held a lot of meetings with parents in the area who want and would like to have this public school option in their community. The staggered arrivals and dismissals, three each to spread the traffic out. City ofMiami Page 203 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 You're never going to have the hypothetical incident of 200 cars or -- at the same time. And again, the traffic engineer addressed that, you know, very succinctly and very completely. Adequate stacking design; again, 102 percent in the a.m.; 156percent in the p.m., more than what is required. Shuttle service, off -site pickup and drop-offNow there was some mention during Mr. Gibbs' presentation that, well, how do you know you can use Vizcaya and Brickell. Well, I'll tell you how we know, because we called Miami -Dade County. And personally, as an officer of the court, can attest that spoke with Mr. Clinton Forbes ofMiami-Dade Transit, MDTA, Miami -Dade Transit Agency. And this is called an access permit, and it's routinely given at the request of people -- in fact, that's what the University ofMiami does for some of their games. If you've been by the UM (University ofMiami) transit station, you've seen those Hurricane buses there that transport people. That's an access permit. It's granted. Why? Because Miami -Dade Transit Agency wants to encourage people to use transit and use those facilities. They want people there. It was used for the United Way building during the construction phase as well. So the access permit is something that is doable, encouraged by Miami -Dade Transit Agency, and we took the time to verift, that it's doable and, in fact, encouraged. So that should address that point. Apparently, the opposition has not done their homework on that issue. Traffic, staffing, and personnel, and I'll address this a little bit further when I talk about the declaration of restrictions that we're proffering, the covenant that we're proffering running with the land that binds us to everything I'm saying here as far as mitigating measures and other things. We are going to have staff in the morning, in the afternoons to help the parents get their children in and out of the school. And you know, I understand there's, you know, this worst -- you know, nightmare -type scenario of unruly kids and this and that. But I'll tell you the one great thing and why Mater Academy has been nationally recognized as one of the best schools in the country. Because there's an important element here: There's discipline. There's discipline and the rules, and the rules are enforceable because of the parental contract. There're consequences if you don't follow the rules, and these kids want to follow the rules because they want to be in a great school where they don't have to -- where their parents don't have to come out of pocket in these tough economic times; a great school that gives them an opportunity for college. So we have personnel. We supervise the children. And you'll hear a little bit -- I have a very brief tape on Mater Academy of how it functions because it is a different concept than what a lot of people have about how a public school should function or functions. There are rules and they're enforceable. So we have traffic and staffing and personnel. And in fact, part of this is -- and we'll mention it. We're going to make sure that no one blocks anybody's driveways, all these, you know, landowners -- I'm sorry, landlords who own the buildings, a couple of buildings, who are the objectors, in essence. They don't live on the property, but they own the property and they have an interest and they have a right to assert their interest. We're going to make sure that there isn't any parent or any car or any shuttle or anything blocking anybody's egress and ingress into their building. We're going to make sure of that. We're going to have people there to actually take care of this during the two critical hours, which is when people come -- kids come to the school and when they leave. Unlike other uses, after, you know, 5 p.m. or so, there's nothing else going on there. Traffic -- parent contract, we mentioned that and the regulations, andl gave you a sample. I submitted that for the record. That's part of your record. Surplus parking -- actually, and I'm going to address this because you've heard your professional staff testimony. They agree with our architect's testimony. We meet the code. We have the parking that we require. If Miami 21 were to apply, we still meet the parking requirement. You heardMr. Garcia say that. So it's not just us saying it. It's corroborated by your professional staff that we meet the parking requirements, and I'm going to talk a little bit about that because in the covenant we have the capacity to add additional parking and an additional level of parking without raising the parking building past the seven stories, and I'll explain that in a second. So we can even add additional parking, if you so desire, even though we meet the required parking according to everyone, including your independent staff. School zone -- it's required by Miami -Dade Public -- Miami -Dade County Public Works, by your Public Works Department. Acceptable level of service. Again, you heardMr. Garcia mention every road in the Roads and elsewhere around here is at Level A, and there is no degradation in the level of service as a result of our school. It stays at Level A. What's at A stays at A. There's no City ofMiami Page 204 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 degradation of service. Again, unrefuted testimony by our expert. They haven't brought an expert to refute or attack that because they can't. Those are the facts. Acceptable level of service and equivalent school capacity of 600 students -- 604 students, and that's a chart that Mr. Garcia went over that pointed out that the various measures that we've taken reduce the effect, the 489 trips, as if the school were a 604-student school instead of a 1, 700-student school. And that's not even taking into account carpooling, which, in Mr. Garcia's experience, is an option that many parents use. In fact, in the experience of many parents, they could tell you that. I don't think you need to be an expert to get there. We talked about the parental contract. I want to talk a little bit about the declaration of restrictions that we 're proffering. Andl believe we've given a copy of that to the Clerk. Madam Clerk -- Ms. Thompson: I apologize. Mr. Diaz de la Portilla: -- do you have the declaration? Ms. Thompson: Just hold on. Let me check for you. Mr. Diaz de la Portilla: And if not, we have extra copies of the declaration of restrictions that we're proffering. Ms. Thompson: I just want to make sure. Would that have been handed to us today because I haven't gotten that? The last thing I got was your contract. Mr. Diaz de la Portilla: Okay. We'll have Ms. Escarra -- Ms. Thompson: Thank you. Mr. Diaz de la Portilla: -- give that to you and a copy for each member. And I'm just going to highlight some of the key points of that declaration. This is a draft declaration that we're proffering to bind this land and to bind us to everything that we've said here regarding the mitigation measures and some of the many other things we're doing to address the concerns of the adjacent objecting property owners and landlords. And I'd like to specifically point to page 2 of the declaration. One of the first things that we are doing -- and this is something that was -- actually, I'll start with page 1 -- number IA. The charter school will limit the enrollment process each year so that 80 percent of the available student stations are provided to target students within a three-mile radius of the property. By law, you can give enrollment preferences to make sure that the children who need this school have an opportunity to attend this school. Only 35 students shall be allowed to drive and park cars within the property. And again, we enforce that through the parental contract. Decal, stickers -- and Mr. Zulueta can explain that in detail, but it works. We use it. And if you violate it, you're out. It's a violation of the contract. The Miami Roads Neighborhood Association shall have the right to appoint one of its members to the school's Educational Excellence School Advisory Council, basically the advisory council for the school or like kind association or council as it may exist at the time of operations. So they'll have a say and a voice on the school association. In addition, the owner will agree to the following, commencing on the year in which a certificate of occupancy is issued, the number of physical student stations shall be phased in. In the first year, up to 1,300 students. In the second year, up to 1,450. And in fact, in conversations with your professional staff we've also agreed that after that second year when we're at the 1,450 student phase, after that year two, we, the owner, will conduct another traffic study, and if there are additional impacts, the owner will work with the City staff to mitigate those additional impacts. In the third year, up to 1,600 student stations, and in the fourth year, 1, 700 student stations, the full capacity, if you will. The idea is to phase it in over four years, provide an analysis at the midway point of traffic impacts, and if further mitigation measures are needed, we will work with the City to address those. We want to be a good neighbor. We want to be here. We want to serve the people who have the need here in this community. The owner will operate shuttle service comprised of at least four shuttle City ofMiami Page 205 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 buses for students with pickup, drop-off at the Brickell and Vizcaya Metrorail stations, which will be staffed by school personnel to ensure the safety of the students. That's under 2C. I skipped over 2B. The owner will increase the parking capacity by one parking level. Such modification is deemed to meet the non -substantial modification criteria set forth in 2215 of Zoning Ordinance 11000 and shall be deemed in substantial compliance with the site plan that we've presented. And we can do that within the seven -story height because the way our architect designed each floor, it's ten plus feet per parking floor, and in fact, what is required is eight three, so you can still, within the same height of the building, without adjusting the height of the parking garage, accommodate an additional floor of parking, which, again, we already meet what Miami 21 would require, as your staff has indicated. We meet what 11000, which was -- is what we're under requires for parking, and we can and will add additional parking over and above what is required. Why? Because we want to be -- Vice Chair Carollo: A good neighbor. Mr. Diaz de la Portilla: -- because we want to please you and we want to make sure you're happy and you have a comfort level and that you're satisfied. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. You're recognized. Vice Chair Carollo: Going back to 2C -- Mr. Diaz de la Portilla: Yes. Vice Chair Carollo: -- the -- Mr. Diaz de la Portilla: Four shuttles. Vice Chair Carollo: -- right, four shuttles, drop-off and pickup. Do you know if anywhere else any other school that this has been applied or that this has actually been done? Mr. Diaz de la Portilla: I'd like to refer that question to Mr. Zulueta, again, the founder of Academica andMaterAcademy, and who's involved with over 75 charter schools. Mr. Zulueta: Thank you very much. Yes. We actually did it with the Brickell station and with the International Studies Charter Middle High School. We did it about three years ago. The school was temporarily located in Jose -- near Jose Marti Park, in that area, and at Mater East. We had additional student stations there. So what we did was in the mornings, we established a shuttle service from Brickell station, exactly what we're proposing, and we shuttled the students over to Mater East because it was more convenient. Many of the students were coming from areas that -- to limit their trips and to avoid impacting the traffic, so we actually did it and it's right in Little Havana. Vice Chair Carollo: I keep hearing did it. Are -- is it still in operation? Mr. Zulueta: Well, we did it for three years, but now the school moved. It's currently located on 8th Street and we no longer need to do the shuttle service, but it worked perfectly while the school was located there. You didn't get it? And I'm sure the municipality can tell you not only were there no complaints, it was actually highly beneficial. So we've absolutely done it. Vice Chair Carollo: And that's the only school that has done it? Do you know of any other school --? City ofMiami Page 206 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Zulueta: Well, I mean, that's -- I mean, we use shuttles and similar things. For example, in Doral, there's a Doral shuttle that the City provides it and many of our students in our high school use that shuttle. You're going to have a Brickell shuttle I believe in -- coming down the line in the future. I don't know whether students -- I don't know if you're going to have it or use it, but I'm just saying Doral does it and transports children to our schools, our high school. You just negotiate with the city and they give you a stop. But we -- in other words -- oh, and Coral Gables also. The Coral Gables shuttle -- the same school I just mentioned temporarily was located in Coral Gables before it moved to the definitive location in -- on 8th Street, and they were using the Coral Gables shuttle to get to and from the school without any problem. Mr. Diaz de la Portilla: And we could have Mr. Roca address any additional issues, if you'd like, Mr. Roca, or --? Mr. Zulueta: No. I mean, it's just -- and then -- and Mr. Garcia testified earlier all of the Miami -Dade County public schools use school buses to accomplish essentially the same purpose. This is a form of using a bus, which is used all the time in all schools -- I mean, in all traditional public schools. It's just a convenient way -- it's a nicer way of doing it by having shuttles instead of large, yellow buses. Mr. Diaz de la Portilla: Those are the highlights and the key points of the declaration of restrictions, which I've submitted into the record. The rest is the standard language placing it in effect for a period of 30 years and so on. I'd like to -- Chair Sarnofff. Can I ask you a question? What do you net with the additional parking? What's the net gain? Vice Chair Carollo: Spaces. Mr. Diaz de la Portilla: Oh, let's have Mr. Llanes address that. It's approximately -- Mr. Llanes: I would say around 20 or plus spaces or so. Vice Chair Carollo: So from what, 146 to --? Mr. Diaz de la Portilla: One sixty-six approximately. And you've heard from the supporters in the community, people who live in the Roads, people who live in Brickell, people who live off of Coral Way, people with families who want to send their kids here. We -- a lot of them left because of the hour and because they were here with children, and we've asked some to just submit letters of support. And I'd like to at this time submit over 475 letters of support from families in the area, and that's that big book that we have there. These are all families that live within a three-mile radius approximately -- is that right? -- and we'd like to submit that document for the record -- or that set of letters for the record at this time. Vice Chair Carollo: You expect me to review that now? Mr. Diaz de la Portilla: You could do it briefly. No, no. Vice Chair Carollo: And using professional skepticism. You expect me to review that now and -- Mr. Diaz de la Portilla: No. I think you can weight it, though, andl think it must weigh around 20 pounds. Vice Chair Carollo: Sure. It would weigh 50 pounds, but I mean, what's in there? I mean -- Mr. Diaz de la Portilla: Letters of support with addresses from people in the community who City ofMiami Page 207 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 showed up at the many community meetings that we had. And by the way, I'd like to add that we've done extensive outreach to meet with the community here. We met with the Brickell Area Association two times and we got their support. I have that letter from the Brickell Area Association to submit to the record -- into the record as well as a letter of support. We met with the Brickell Homeowners Association, which is comprised of many associations, twice, and obtained their support, andl have that letter of support as well that I'd like to submit at this time to the record. As I mentioned, we met with the objectors and have tried to address their objections but -- to the best of our ability, even imposing conditions on ourselves that were not required but that we felt would make for better operations of the schools. And quite frankly, you know, good suggestions, and the support has been overwhelming. And I'd like to just quickly show you one more board -- well, I'll read you the resolution of the Brickell Homeowners Association real briefly, and I'll kind of skip through the pertinent portions. I'm not going to read everything that it says, but I will submit it. It was adopted on October 20, 2010. Whereas there had been changing demographics and tremendous growth in the Brickell residential community in the past decade; and whereas there are many new families in the area but no new public schools constructed in the past ten years; and whereas the proposers of the project have a strong track record in their field with a number of successful charter schools opened and in operation; and whereas many families in the Brickell -- in BHA (Brickell Homeowners Association) are strongly in favor of having an educational alternative in the neighborhood and want to see the school built so that they can remain in the neighborhood; therefore, be it resolved that the Brickell Homeowners Association supports the development of the Brickell Prep Academy at 1742-44 Southwest 2ndAvenue, and they list the conditions. Among the conditions that they list were that 80 percent of the student body come from the immediate residential area within a three-mile radius. That's addressed in the declaration of restrictions. That we do the 500 feet of queuing within our property, which we've described -- actually, a little more than 500 feet. That we have three arrival and dismissal times, which we demonstrated that's exactly what we'll do and is in the covenant. That it operate its own shuttle service consisting of at least four shuttle buses. That's in the declaration. And to ensure an even distribution of students arriving by vehicle, by shuttle, by public transportation, on foot or bike. Students and parents will agree to a drop-off/pickup mode, and this agreement between the schools and the families will be enforced, and that's in the parent agreement -- the sample parent agreement that we submitted. And in essence, I'd like to submit it at this time. By the way, I might add that the opposition was at that meeting as well. And after listening to the opposition, the BHA did just as your Zoning Board, they voted to support Brickell Prep because they recognized it's a tremendous opportunity and there's a tremendous need in the area. Chair Sarnoff. How much longer do you have? Mr. Diaz de la Portilla: I'm closing in about five minutes. One more board actually, and this is a list of support -- two more boards. This is a list of supporters. I'll, you know, show you this. There are many names and what have you, but these are residents and associations that support us, and of course, the opposition is 1701 Brickell Condominium, T,T C (Limited Liability Company), Peacock Development, LLC, Brickell View Apartments, Inc., Ward International Trading Company -- some shell corporation that is behind us -- and the Miami Roads Neighborhood Civic Association. But BHA Homeowners Association, BHA association members and residents, their names are here. They're part of this board, and now, you know, (UNINTELLIGIBLE) have a minimized copy, eleven and a half by eight and a half for whatever it is that I'll submit for the record as well. Finally, last, but definitely not least, jobs. The Brickell Preparatory Academy will provide 98 -- approximately 98 -- we estimate 98 full-time positions, good paying jobs at a time that our economy desperately needs it, with total annual salaries over $4 million in the area. And in addition, since the school is tuition free, it's reasonable to project that a significant amount of disposable income will now be available to parents in the community as a result of this project. So we also create jobs. Not to mention that during the construction phase, approximately -- and we estimate approximately 300 people will have the opportunity to work and provide for their families during these tough, economic times. City ofMiami Page 208 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Before I conclude, I'd like to have Mr. Eric Fresen, right behind me, just quickly address -- he's with Civica. Eric Fresen: Thank you very much, Miguel. I promise to be brief. Eric Fresen, with Civica, LLC, at 8323 Northwest 12th Street, Doral, Florida. I wanted to kind of take a very brief different perspective on the origin of this application and why it is that we're here today. The -- you know, we've spoken on a lot of legal jargon and a lot of traffic engineering, you know, data and everything else, so I wanted to provide just a brief different perspective of what the background of this application is, why we're here today, and what the future of this application will be, and the broader policy effects that your decision tonight, that your Zoning Board already decided, and that your staff decided will have on the future viability of not only the downtown urban core ofMiami but the City ofMiami as a whole. The genesis of this application of why it is that parents came to Mater and why it is that Mater thought of this school didn 't come out of nowhere. It didn't come out of thin air. It didn't happen in a vacuum. It happened as a direct result of a building boom that occurred in the City ofMiami, particularly in the downtown DRI, in the Brickell area between 2000 and 2008. Now what happened during that building boom? During that building boom, there was a policy that was set in place, a vision, a dream that there would be a vibrant urban core in the City ofMiami, where we could attract new residents, where we could attract new businesses and have people add to the economic viability of the City of Miami. What happened? The development community listened to that and the development community came and built. What happens when the development community builds that boom that happened between 2000 and 2008? Over a hundred million dollars of educational impact fees. What are those? They're the direct fees that are paid by developers so that they can mitigate the students they should impact created by that development. Over a hundred million dollars in educational impact fees were created, generated, paid to the City ofMiami, and obviously, over to the Dade County School Board in order to mitigate that development. What resulted in that $100 million plus that was spent? Zero. Not a single public school was built with that hundred million dollars plus in the time period it was collected. It is probably the most recent and grossest abdication of duties I have seen from that school district in this period. Why? Because you have all of this development and you're trying to lure -- you're trying to be a magnet for not only young families and new families that are within Miami, but for families to come to Miami, whether from Miami -Dade, other parts of the state, or other parts of the country. There are two factors that determine whether or not a new family and/or a new business are going to come in to a community. One, as you know, taxes. And the second question always invariably asked, maybe not in that order, is how are the schools. Now the reality is that you have people currently living in that area that are here tonight. We're not talking about somebody purporting to represent an area. We're talking about the very people that live in that area that desperately need these schools. And what's happening to them? They're being double taxed because they're paying their property taxes, 40 plus percent of which are going to that school district that hasn't provided a single public school student station in that area, and they're also paying potentially out of pocket in this economic crisis for a private school because it's the only option they have. So what this application provides in perspective is a blessing in a certain sense because other than this, the Miami -Dade County Public School, if they didn't build it then when they collected a hundred plus million dollars, believe me, they're not going to build it now. When you talk about have you looked at alternate sites, did anybody look at an alternate site, the school district, which is a $5 billion operation that collected over $100 billion in this specific area, had eight years to look at sites. They didn't find one. They didn't locate one, and they certainly didn't build one. So what we have -- what you have before you today is you're talking about opponents that the only thing they have mentioned is traffic. That's it. The only word that you've heard out of it is what is the traffic. Gentlemen, Commissioners, Chairman, Vice Chairman, everybody on the Commission, I implore you this is a rare but unquestionable footprint -in -the -sand moment for this Commission and for the viability of this city. It's rare because even though city councils and/or local governments rarely, if ever, have an opportunity or a say of what happens with their public schools, this is one of them where even though the citizens know that you perhaps can't do anything because you're not a school board, you actually City ofMiami Page 209 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 can. You can actually remedy the gross violation of duty that the school district did over the last eight years and you know at how much cost to the taxpayer? Not a dime. Not a dime to construct, not a dime to build, and certainly not a dime to attend. That's the decision before you today. A shock, a crisis about 1,700 students? I'll tell you where the real crisis is. The development boom that already occurred, not that will occur, that already occurred will generate in its final -- once it's actually -- once the people actually move there, it's going to generate 5,000. So the real sticker shock shouldn't be the 1,700. It's what about the other 3,300. Where are we going to get those because we know we can't rely on the school district to do it. So to a certain sense, we have to step aside from the concept of the traffic and the details of it only for one second if you're going to have a perspective of it because we already know that all the details and all the experts and everybody that's reviewed this from your own professional City Planning staff to your Zoning Board has already approved this without question. So if they're trying to add a separate layer or element to this argument and if it's going to be one of policy, there's your policy. You're talking about families, parents, future parents of this community that are desperately in need of a high -quality public school. You can provide that to them at zero cost now and zero cost in the future. So I just ask you to use that perspective as you make your decision tonight. Thank you. Mr. Diaz de la Portilla: And to close our side of the presentation, of course, if there are any questions, we're happy to answer and if there's some surrebuttal, then you're we're -- we'll do that as well, if the Chair allows it. In conclusion, you have a proposed school, which is consistent with the City's Comprehensive Neighborhood Plan. It's compatible with the area, meets the criteria of Section 1305, as we went over in detail, and is strongly recommended by your professional Planning and Zoning Department. State law and case law, as I've presented, limits this board to placing reasonable conditions. Your staff has identified those conditions. In addition, we've not only accepted those conditions but have voluntarily proffered to impose additional conditions on ourselves to address the concerns of the handful of objector landlords who have come out objecting to our application. We ask you to follow your staff recommendation, which is to deny the appeal and to approve the underlying application. Thank you very much and thank you so much for your indulgence and patience. Chair Sarnofff. Thank you. How long are you going to need for rebuttal? Ms. Huber: (INAUDIBLE). Chair Sarnofff. Two minutes? I could kiss -- Ms. Huber: (INAUDIBLE). Chair Sarnofff. All right. Ms. Huber: First, I just want to draw your attention to the Brickell Homeowners Association resolution. One very important sentence from that resolution wasn't read to you. And one of the requirements was that the breakdown of transportation types will be 600 by vehicle, 600 by shuttle, 241 by public transportation, and 241 by walking and cycling. So part of the resolution and part of their support came from the requirement that approximately those numbers were met with respect to the modes of transportation for this school. There's three real questions before you. The first is, do we need better schools. As a former Dade County Public School kindergarten teacher and a mom, the answer unequivocally to that is yes. But that's not what's before you and that's not relevant to tonight's discussion. Unfortunately, what's before you is the criteria of your code and your comprehensive plan. Is this the appropriate site for a school? We believe that we have demonstrated through our expert testimony that this is not the appropriate location for a school. If, for a moment, you wanted to believe that it was the appropriate location for a school, the next question and the most important question, is this the appropriate location for a school of 1, 700 students? We believe that the evidence is clear that this is not the City ofMiami Page 210 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 appropriate site for this location for many reasons, many of which have been demonstrated by the applicant themselves. The ability to require that many students to take public transportation, to walk, and to use shuttles, means that the site itself cannot accommodate 1, 700 students. Andl would urge you to think how are you going to enforce that. Is your City staffs new job going to be to go out and to review all of these modes of transportation application forms to make sure that that's how people are getting to school? With respect to the 80 percent covenant of the people in the area, is it now going to become the City's job to review all of those students and where they live to make sure that that's where they are? The covenant's a good gesture, but it just further demonstrates that this is the wrong site for this school. And we urge you to approve the appeal and deny this application. Thankyou. Chair Sarnoff Thank you. Two minutes? Mr. Gibbs: Yeah, if even that. I wanted to respond to the comment about the MDTA and the access permit. Unfortunately, this project is not like the University ofMiami because unlike the University ofMiami, this school is not using mass transit. These stations are not being used for mass transit. These stations are being used as a staging area for the school. And mass transit has nothing to do with it. They're just using the area. And so the question is -- and we don't have any evidence to the contrary -- does MDTA understand that or does MDTA think that all these kids are coming on transit? That's the issue and that's the concern. In addition, there was a statement made -- I thought this was rebuttal -- that this project is in the downtown DRI. It is not in the DRI, and I'm going to submit this map into the record that shows where our project is, which is outside the DRI boundaries. And I'm going to submit this as evidence to the Clerk. Chair Sarnoff Can I see that? Mr. Gibbs: Sure. And that's very important because their mitigation -- their entire basis of their mitigation, this 255 bikes, the 241 from transit, is based on the idea that this is in the DRI and it's not. The other issue is dealing with the declaration. The language in the declaration -- and I'd like you all to look at and your City Attorney should be looking at it as well in paragraph seven -- basically says in the event there's a third party action, the owner's going to indemnifi, the City. It says in paragraph seven that the owner will indemnifi, the City. The implication of that is that the owner -- that the City is going to be the party who will be sued under this. I'm sorry. I just wanted to make sure you all -- I know it's late, but I wanted to make this point. I don't think the City should be the person -- the City may not be the entity who should be sued. It might be the property owner. And this language, I think, needs to be checked by your City Attorney to ensure that the City is not the only entity that will be sued if this covenant -- by a third party if this covenant is not adhered to. And finally, I wanted to leave you with this. The issue is not whether or not this is a good school, a school of quality run by quality people. We understand that. Nobody has gotten up here and argued that this school is bad, is evil, is a problem, other than the fact that it has implications for the zoning in the neighborhood. This is about your comprehensive plan. It's about your zoning code and whether this meets the requirements of the zoning code. This -- if you look at this thing in a vacuum, it's a good project. It's a good school. This is not the place for this school. That's the issue. The issue is under your comprehensive plan and under your special exception provisions, this is not the place. There are other places near Brickell. There are other places on the other side of 15th Road within the downtown DRI and the Brickell DRI, and that's where this should go. Please reject this application. Thank you. Chair Sarnoff Thank you. All right, I'm going to open up a public hearing. Are there anyone from the general public wishing to speak on this issue, please step up. We're on PZ.24 and PZ.25. You're recognized for the record. Grace Solares: Thankyou. Grace Solares, the Roads Association. Mr. Chair, Mr. Herrera has given me his two minutes and so has Ms. Dalbert (phonetic). The Roads -- before I actually go to -- address the issue of the school, two, I think, allegations have been made this -- tonight against the Roads Association. One brought out by Mr. Diaz de la Portilla through somebody City ofMiami Page 211 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 who testified here with respect to the fact that he had run for the directors and then we call him. The instructions were given by me. Why? Because the treasurer, immediately after the meeting was over, called me at my home and told me that three people were not meeting the criteria of the bylaws, which was being member for one year and being in good standing. None of the three met those criterias [sic]. Two of them were in favor of the school; one of them was opposed to the school. Not only was he opposed to the school, but it was Luis Garcia, I think is the senator or the whatever. We sent an e-mail to him saying, Senator, State Rep, we're sorry, but you cannot be a member of the Roads. So we just proceeded in accordance with the bylaws. Another statement that was made here tonight was that the Roads Association does not represent the entire Roads. Absolutely correct. That statement is very correct, but I can speak tonight for three or four hundred people that I have here. I have provided copies of these oppositions to the -- to Commissioner Carollo, andl brought sufficient copies for you to read. I would have had at least 800 if it would not have been for the intentional interference of these people, of the Mater Academy. Mr. Zulueta himself I found in our Roads delivering flyers together with, I think, the director of one of the schools, and I want to give you a copy of the flyers. Those -- I want you to see where they have placed the address they have as the section where the school's going to be, 17th Street and 2nd Avenue. My phone at my house didn't stop for about a week and a half telling me that we in the Roads had told the entire Roads that it was at 17th Road and 2nd Avenue, that the address was going to be very far from us. Not only did we have that interference, they've been telling the people that 80 -- they told you tonight that 80 percent of the people will come -- or the students will come from the immediate area. I am going to give you a copy -- I have the original for you, Commissioner Carollo -- a flyer that they sent to Coral Gables. I was provided with a copy from a friend who received it. Consequently, gentlemen, the whole thing boils down to their getting their number, 1, 700 students because otherwise it would make no sense. The money will not be there for this to be accurate. These people, the Zuluetas, have owned the land for many years. It was a dilapidated home there. It was raised down, and then I guess they wanted to build, I'm assuming, but they couldn't because the building boom just died. So what's the best thing to do? Put one of their own schools there. They will use the land for that. You cannot forget that immediately behind that project is Sergio Pino's land that Sanchez vacated the street, gave him the street in order for him to make a, I think, 22-story building. He hasn't built it, but extensions have been requested, I believe. So you have to consider that as well, besides 2,000 people in this block on a daily basis. You're going to have hundreds, if not thousands, on the other side. I want you to take a look at the school itself. It's a triangular school. One of the sides is immediately against 1-95. The other one is immediately against a building. If there were to be a fire in the front of that school, are you intending to have those children go up 1-95 and just wait out there until somebody gets them? They will not be able to come out. It's a building right there. So think about those things 'cause you have to take into consideration the health and welfare of the students who are going to be there. You had 25 people. They gave you, what, 400 from three miles around? I'm giving you three or four hundred, andl would have gotten you more if it not would have been for that mislead, which I am -- I'm thinking that it was either misleading knowingly and intentionally or, in the other alternative, they just didn't read what they were giving out. And if they don't read what they give out, they cannot be in the educational business. So there were 25 people who spoke with you, 12 were from the Roads. They talked about the United Way. Well, I have a letter in my office I can send to you from one of the neighbors who wanted to sue United Way because the parking requirements were not being complied with. So there are problems. This school, gentlemen, does not fit in that section of the Roads. It's going to cause tremendous havoc with respect to traffic. I bet you anything that this is going to turn out to be a high school. And why do I say that? Because we have three Montessoris. We have Beth David, which is Pre-K and K. We have immediately to us, two elementary, South Side and we have Coral Way. We have St. Peter & Paul, andl am telling you these schools are inside our district. We have nothing against school. We've always had them. I've lived in the Roads for 50 years. Never have I stopped and come to the Commission hearing to do this. This is not a place for a school, 2,000 people in a dead end on a building being placed on two lots, two single-family home lots. That just doesn't go there. Please allow them to go and purchase land someplace else and put the school there . Thank you City ofMiami Page 212 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 so much. Chair Sarnofff. Thank you. Ms. Solares: Oh, Commissioner Sarnoff -- Mr. Chair, I'd like to give the originals of these oppositions to the Clerk so they can actually write --I mean, go with the case. Thank you so very much. Chair Sarnofff. Thank you. Anyone else wishing to speak? Antonio Roca: Yes. Good evening. My name is Antonio Roca. I'm the president ofMater Academy, with a business address of 7901 Northwest 98th Street, Hialeah Gardens. I'd like to thank the Commission for the time you've given us today. I want to say a few short words, first of all, with regard to Ms. Solares. I was the one that was personally walking the Roads area knocking door-to-door and discussing with the residents of that community how they had been misled in thinking that the school was actually on the west side ofI-95. When we talked to them about -- that the school was on the east side ofI-95, the entire perception changed. Andl -- and she gave the flyer that we put out because we had several meetings with this community that we had at the Conrad Hotel on two separate Saturdays where hundreds of parents from both the Brickell and the Roads came. They gave out this flyer, which I'd like to (INAUDIBLE). She provided to you what we sent. I'd like to also show the dais what the Brickell-Roads Association sent talking about vagrancy of students and trashing the neighborhoods and -- of the Roads, excuse me, and attaching a petition, which, by the way, did not give residents the opportunity to say I'm in favor of this school. It only gave the option that I am against this school. So there's been a lot of misinformation given, and I'm proud to say that and Mr. Zulueta personally walked this community. We didn't send somebody else. We didn't have professional pollers go out there. We did this ourselves. Mater Academy is a nationally recognized organization providing high quality education in the urban core. We have a commitment to the City ofMiami. We have schools in Allapattah. We have several schools in the City ofMiami. Our high schools have been recognized. We know what we're doing when it comes to running schools. We were here this morning where this dais recognizedMaterAcademy East as a national blue ribbon school recognized by the Department of Education. Our school in Allapattah received the national red ribbon yesterday. We are going to bring high levels of quality education to your communities. Our parents sign contracts. We make sure they comply with the contracts. We do this all the time. Going to your earlier question as how we deal with the queuing, what we do at other schools, because we deal with these issues all the time is that we have every parent at the beginning of the school year gets a plaque that they put in the front of their vehicle with their student name and the teacher so when they arrive -- when they're driving into our queuing area, we have professional staff there, four teachers, which then radio in where their students are inside -- the students are not roaming outside the area. They're kept inside the building, and as the parents arrive, they're called and the student is brought out to speed the process up. So we have a lot of experience, Commissioners, in dealing with these very same issues, which are duplicated over and over in the various communities. There's a huge need in this community, you heard before 5,000 -- Chair Sarnofff. Need you to conclude. Mr. Roca: Thank you very much again for your time. Chair Sarnofff. Thank you. Vice Chair Carollo: Mr. Chairman. Chair Sarnofff. You're recognized. City ofMiami Page 213 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Ms. Solares: Mr. Chairman, may I respond to the gentleman? Chair Sarnoft No. We're not going to go back and forth. Vice Chair Carollo: I just want to point out that -- andl was keeping quiet about this, but I keep hearing nationally recognized. Andl understand that it's a good school, butt keep hearing nationally recognized, and no one mentions that it was City recognized too -- Unidentified Speaker: This morning. He just -- Vice Chair Carollo: Yeah. Unidentified Speaker: This morning. Vice Chair Carollo: -- which, by the way, caught me by surprise because in my agenda I saw no mention of it. In the plasma, I saw no mention of it. Yet, last night, yesterday afternoon, at 4: 31 in the afternoon is where my office received an e-mail finally mentioning that you all were being recognized today, which got me totally by surprise, especially that Mater East is actually in my district. I figured, out of courtesy, I would be let known and maybe I would have liked to have been part of the proclamation or the salute or whatever. So, you know, when you mention as far as being nationally recognized, also mention that today you were City recognized too. Mr. Roca: Absolutely, Commissioner. I was just mentioning that this morning we were at the dais and we were here on the request of the Mayor that invited us this week to come and receive and be recognized by this dais and the City Commission. We're very proud of our commitment to the City ofMiami. As you said, we have several schools in your district and in other districts, and we hope to replicate -- you'll give us the opportunity and trust us to allow us to replicate the City -recognized Mater Academy. Vice Chair Carollo: And like I said, I just -- again, I just wish it would have been in the regular agenda, in the regular plasma, and gone through the normal steps instead of receiving an e-mail at 4: 31 in the afternoon yesterday. And this morning was when I first heard about it. I don't know. I find that a little bit of a coincidence. But then again, that's just me. Thank you. Chair Sarnoff Anyone else wishing to be --? Iris Escarra: Very quickly. Chair Sarnoff Let me put it to you like this. Everybody step up that wants to be heard 'cause ifI don't see you up at the dais -- I'm sorry, at the podium, you will not be heard. You wish to be heard? Ms. Escarra: I do. Chair Sarnoff Go ahead. You're recognized for the record. Ms. Escarra: Good evening, Commissioner, Chairman. Iris Escarra, with offices at 333 Avenue of the Americas. I'm very proud to say that we -- our office has just moved into the downtown core ofMiami. I wanted to pass out for you some articles regarding the school. I actually have the unique opportunity to be representing a homeowners association. I'm usually here before you representing developers coming in for planned projects. Andl was contacted by a parent association that they wanted me to help support this application coming before you and make sure that the voices of the parents of the Brickell and the Roads were heard. One of the reasons why the parents repeatedly told me why they want this school in their neighborhood is because it's not just any other school. It's not, you know, a public school. It's not a new school. It's a City ofMiami Page 214 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 school that has been recognized and is highly sought after. Between the Somerset Academies, between the Academias, between the Center Maters, they have always provided excellent education to the community, and they are highly sought after. And the most important factor was that the parents were like we have an opportunity to have such a great school for free in our neighborhood, and we want to make sure that we put in all our efforts to guarantee that it gets approved. One of the things that wanted to point out -- and know you've -- it's been a long night, andl just want to summarize really quick that your zoning code allows this use. Your comprehensive plan allows this use. And an interesting factor occurred during this whole process, which when they applied -- and they applied under Zoning Ordinance 11000 -- your comprehensive plan designation was office. IfI can read the office designation, it says, office areas allow residential uses to a maximum density equivalent to high -density multifamily residential -- that's 150 units an acre -- subject to the same limiting conditions, transitory residential facilities, such as hotels, motels, general office use, clinics, laboratories, limited commercial activities incidental to principal activities in designated areas -- Chair Sarnofff. And in conclusion. Ms. Escarra: And in conclusion, it is now designated restricted commercial, which allows even a greater amount of uses for this same site, andl encourage your support for the vote this evening. Thank you very much. Chair Sarnofff. Thank you. Yes, ma'am. Giselle Carmona: Yes. My name is Giselle Carmona, andl live at 123 Southwest 17th Road, directly across the street from where the school's going to be. I'm -- we -- I just want to point out that it was told that those that are opposed are older. I have two other of my residents here. We're all young. We're all in our thirties, and we do oppose this project. We live directly on the street. A lot of this information that was provided by the school in favor of the school, we somehow never got. Most of the information we've gotten is through our own research. We've had parents in our own community that said to us, oh, but the school isn't going to be right across the street from us. It's going to be on 17th Street. So the people on 17th Road, several of us, have been misinformed. There are young people who opposed this project and we haven't -- our voices of the people exactly that will be impacted by the traffic hasn't been represented here tonight. So I'm a future mother and, you know, I -- school's important to me. I'm not saying that education isn't important, but it's going to directly impact my quality of life. When I get out to go to work every morning, I'm going to have a line of cars, and it's going to take me and the 14 other units that live right there, right in front of us, it will take us 30 minutes just to pull out of our driveway. Thank you. Chair Sarnofff. Thank you. Pedro Nelson Rodriguez: Mr. Chairman, Commissioners, my name is Pedro Nelson Rodriguez, with offices at 10000 Southwest 56th Street, Suite 32. I am the president of the Brickell Homeowners Association, you know, a condominium -- an 88-unit condominium that is built adjacent to the future parking lot of the proposed school and across the proposed school. The problem here is not your school. There is nobody here that is against the school. We are in favor of the school. The problem is the magnitude of this school, the size of this school. Second Avenue is a block and a half in length and 20 feet in wide [sic]. It is impossible, if they build a school of this magnitude, for the resident of my buildings, 88 of them -- this building was completed, by the way, in 2007. It's a brand-new building. The access to my garage will be totally blockaded by the fact that the cars would be turning in into the school, you know, right in front of my entrance to the garage and it will be coming out, you know, the same way. So basically, we're not opposing the school. We are all for school. You know, we're opposing the size of the school; 1, 700 student, staff service vehicle. This is something that 2ndAvenue cannot take. This will be a total detriment to the resident of my buildings, and this will change forever City ofMiami Page 215 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 the character of the Roads and this neighborhood. I ask you tonight to grant us the appeal and let them come back with a much smaller school that would be suitable for this neighborhood. Thank you very much. Chair Sarnoff Thank you. Yes, ma'am. Lorraine Tucker: Hi. My name is Lorraine Tucker, andl live at 218 Southwest 21stRoad. And if you go on 2ndAvenue and 25th Road now, just to get from there to the entrance of 1-95 to get to work, which is approximately two short -- very short blocks, it will have probably 10 to 15 cars in front of me. This is at 7: 20 -- 7: 30 in the morning, andl bet I sit there at least 8 or 9 minutes trying to get to the front of this with only that few of cars. And 1st Avenue, I have people pulling out -- you know, I'm trying to be courteous and leave a pathway so cars can cross, and they're double blocking me. Now this little road, this street that the school would be built on is much smaller, and the exits -- there are no street lights. If you go down 2ndAvenue and you turn -- try to turn left to get back to Coral Way or 3rdAvenue, as it's known there, there's no way -- there's signs that won't let you turn. You have to turn to the right. There are no street lights around there, so on top of it being backed up, you're going to have cars trying to get out of there, trying to get to these different areas. I mean, it's a mess and it's a mess now, you now, the way it is without that many more cars coming in. I think the school's a great idea. I work for Miami -Dade County Public Schools in the district office, andl know all about the charter schools, but I don't think that's the place to have it. Thank you. Chair Sarnoff Thank you. Yes, sir. Santiago Vanegas: Good night, Chairman, gentlemen. My name is Santiago Vanegas. I live in 1541 Brickell Avenue. I think that everybody here likes the education and the school. Everybody love education, I mean. This is not about it. What I'm concerned is about economic and about the economic of his economics. Why everybody has to take -- receive the problems because he needs a 1,700 students? I mean, why we have to be -- why we have to receive the traffic, crowds, the security, irresponsibility that the -- the dangers that the children be able in this location just because they need in his cash flow operation 1,700 student that the government pay to this company? Why it's not a standard size? That's my concern. Chair Sarnoff Thank you. Yes, sir. Hernando Carillo: Good evening. I realize it's a long evening too. My name is Hernando Carillo. My office is at 2225 Southwest 19th Avenue. And I'd like to briefly mention that the South Miami Avenue Homeowners Association, through Ms. Solares and myself oppose the school in this particular location. Personally, I also am a -- the president of the Brickell-Roads Atriums Condominium Association, which is a 30-unit condominium adjacent to the property, and we also oppose it. We simply feel that although a school is of considerable merit, nothing this size can possibly handle -- be handled in the neighborhood. The volume, the scale is completely out of proportion with the streets that we have there. So I urge you to vote no to the school. Thank you. Chair Sarnoff Thank you. Anyone else from the general public wishing to be heard on PZ.24 or PZ.25? The public hearing is now closed; coming back to the Commission. The Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. As you all know, there's been many hours of you could say, testimony, opinions, expert witnesses, so I'm going to be addressing a lot of issues. Out of curiosity, one of the first things that I wrote down because, you know, two or three people mentioned it -- andl actually know some of the people that mentioned it -- the United Way -- Mr. Garcia, if you come up. Would you happen to know how many students are at the United Way? City ofMiami Page 216 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. F. Garcia: Our quick research presently on the Web site reveals that 70 students are the capacity for that school. Vice Chair Carollo: Seventy. Mr. F. Garcia: Seven zero, 70 -- Vice Chair Carollo: Seven zero. Mr. F. Garcia: -- yes, sir. Vice Chair Carollo: And that's off of 12th Avenue, 3rdAvenue? Mr. F. Garcia: That is correct. Vice Chair Carollo: Okay. Another thing that was constantly mentioned was the Planning Department's recommendation. Do you stand by those recommendations? Have you received any additional information? And by the way, that was the previous director's recommendation, correct? Mr. F. Garcia: That is correct, sir. Vice Chair Carollo: That is not your recommendation. Mr. F. Garcia: That is correct, sir. Vice Chair Carollo: With the additional information you received, andl think it was the traffic study and so forth, are you comfortable with what it stipulates that, you know, traffic will not be a problem? Mr. F. Garcia: What I'd like to say is the following. We are, of course, very mindful of the fact that this is a quasi-judicial proceeding. And as you have noted, a record is being preserved. So I would have liked to every question that you have asked today to be able to answer assertively that have control andl have knowledge of all the information I need to provide a sure answer. Many of my answers thus far have been generally yes, generally that is the case, to the best of our knowledge, et cetera. The fact is this. The record up to this point was built up to March 22 of this year, and ever since then, as you have noted, Commissioner, there has been a change both in the Planning and in the Zoning divisions. And also the Zoning Board that approved this item originally is no longer in place; a Planning, Zoning and Appeals Board has replaced it. All of that is to say that although I am not here to dispute the previous Administration's recommendations, what I can tell you is that from that point until today, a significant amount of evidence has been submitted and even today, right here at the hearing, additional information has been submitted which we frankly have not been able to receive, corroborate, analyze, process in any effective way. And what concerns me more particularly is that the one charge we have probably above all others is our need to control potential adverse effects of any proposed development. Sufficient questions, sufficient issues have been raised about particularly the traffic impact, the potential traffic impact, and we frankly, at this point in time, Commissioner, do not have all the answers that could address those concerns. So at this point in time, I'd have to tell you for that reason that we would benefit immensely from additional time to review and corroborate the evidence presented today and proffer to you hopefully in the future more conclusive evidence as to whether this application meets with all the requirements or it does not. Vice Chair Carollo: And you also said that the Zoning Board -- or I don't know if it was the Zoning and the PAB (Planning Advisory Board) Board. I don't know which one it was, but the City ofMiami Page 217 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 bottom line is that the one that actually approved -- Mr. F. Garcia: The Zoning Board, sir. Vice Chair Carollo: -- it's a new board now. Mr. F. Garcia: Right. The Zoning Board and the Planning Advisory Board were both replaced Vice Chair Carollo: Joined. Mr. F. Garcia: -- by the Planning, Zoning and Appeals Board presently. Vice Chair Carollo: I actually -- you know, I take very seriously our boards, their recommendations and so forth. So I actually looked up to see their recommendations and how the vote went and so forth. What I did notice is that out of all the members that voted in favor of this, there's only one member that is still in the PAB Board or PAZB [sic] Board -- Mr. F. Garcia: PZAB. Vice Chair Carollo: -- or so forth. So the majority of them are no longer with us. And the importance of that -- 'cause I know it kept being mentioned that the Zoning Board approved it, Planning Department approved it. You know -- and I think the importance of that is I think this Commission has seen time and time again that the previous Commission will not have done what we have done with regards to the budgets and so forth. So what's been done in the past doesn't necessarily dictate what a new Commission will do or a new board will do or so forth. So I just wanted to use that as an example. Some of the other issues. I see the contract that was mentioned many times with regards to parking and so forth. And see here on -- and this is a sample parent contract. On 4B, which is under transportation, private vehicles, to ensure the safety of all students, parents driving to school will receive a route map and vehicle decal upon registration and must abide by the designated ingress and egress routes set by the school. I just find it hard to believe that a school would actually give a map to parents saying from your house to our school, this is the way you have to drive. This is the route you have to take. And even if they -- should they do that, in all fairness, how do you enforce that? So that's another thing that I noticed. And by all means, this does not mean that I am against schools or even a school in that site, you know, so, you know, bear with me, but there are issues. I really have a problem with -- I forgot what they -- what was the name of it -- when you loop around and come back. You have a queue, the queue. I really have a problem with that queue. I -- even assuming the numbers that were provided to us and assuming that on 30-minute intervals, 200 vehicles will be going through, I really foresee a gridlock. I foresee a lot of traffic. It's just 1, 700 students is a lot. I'll go a step further. I actually asked the fire chief to meet me at the location the other day. He actually asked me what was my position. And said I'm not going to disclose my position because I actually want your objective decision as far as safety. So we went to the location andl asked him, should there be an emergency, I mean, will you be able to bring your vehicles in, your trucks and so forth? He answered -- and I asked him, "Can I quote you?" And he said, yes, you can. He answered that it will be challenging. That was his answer. It will be challenging, Commissioner. Like a true public servant, like a true first responder, his answer wasn't no, I can't or so forth. He answered, listen, if this is the task we're given, one way or another, we'll manage. However, I could tell you, Commissioner, it will be challenging. From a safety point of view, that wasn't very comforting to me. You know, I asked about bicycle lanes since approximately 255 students or so will be riding their bicycles. I really didn't get a sufficient answer with it. I think we all here as a Commission have been striving for bicycle lanes and so forth. And if you actually go to the site and you see 2ndAvenue, it's actually pretty narrow. And I don't know if this has been done before or not, but I welcome the Commissioners to go with me on a field trip and take a look at the location and see what you all think because, I mean, it's a City ofMiami Page 218 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 very narrow road, which, again, it is a concern. It is a dead end. As far as the actual students that will be attending this school, should it pass, I'm not really sure from what locations they'll be at. I'm not sure if it'll be a lottery from the area. What happens if the students in that area don't know about it or --? I'm not sure. And what I'm afraid, that we build a school where students or children from other areas will be driving into -- children [sic] outside of the City ofMiami will be driving into our city, increasing the traffic in the area, and the point is for the immediate City ofMiami residents from the Roads, from the Brickell area not taking advantage of this. Hence, what happens with our downtown, that we have commuters coming from all parts of the county coming using our police services, our fire service and so forth and not really paying for it. So I understand it's free tuition, but to who? So that's another one of my concerns. I do want to point out something that I mentioned. Although I guess I didn't appreciate or I wasn't crazy about the way it occurred, I do recognize that Mater Academy is a very good academy. I understand you have one of the highest FCAT (Florida Comprehensive Assessment Test) scores, so that was not my intention; just the way it happened. I thought it was a coincidence that today is when you receive an award from the City ofMiami. I really -- I didn't think that was correct. Andl say that because, in all fairness, I look at my agenda. I was the sponsor of the five-day rule and usually, you know, we receive all of our items in a timely manner. And receiving information that you were going to be receiving an award late last night just -- I know some people perceive it as not being adequate. With that said, Mr. Chairman, I don't know if you want to hear from the other members of the Commission. I can tell you thatl am not opposed to the school. However, I cannot support 1,700 students. Andl would actually prefer if this be defer and the parties speak among themselves, see if they could come to some consensus as far as the amount of students. 'Cause I could tell you, with 1,700, it's going to be too much of a burden on the traffic. And realistically, I don't know how many petitions Mr. Diaz de la Portilla presented somewhere. Let's say 400 and -- Mr. Diaz de la Portilla: Four hundred and seventy. Vice Chair Carollo: -- 470. Ms. Solares, I think, presented another 400 and something. So realistically, you know, I think we're divided. Andl think we need some consensus. So like I said, I do not oppose a school in that area. However, I cannot support 1,700 students. So with that said, I'd like to make a motion to defer and at the same time, ask the parties to discuss to see if they could come to some consensus and at our next meeting, come back to us. If there is a consensus, then we'll see what it is. If not, then I guess we'll take a vote. Chair Sarnoff All right. There's a motion to defer. Is there a second? Commissioner Dunn: Mr. Chair. Chair Sarnoff I'm going to -- you're going to second or --? Commissioner Dunn: Yeah. I'm going to second but with discussion. Chair Sarnoff And you want to comment. Commissioner Dunn: Yes. Chair Sarnoff Andl think everybody should comment 'cause we all spent a long night here. So we have a motion by the Vice Chair, second by Commissioner Dunn. And Commissioner Dunn is recognized for the record. Commissioner Dunn: Mr. Chair and to Vice Chairman Carollo and to my colleague, Commissioner Gort, I was pretty much inclined unequivocally to support this. But one of the things that I believe that we've tried to do here as a Commission is respect the vision and the wisdom of the district Commissioner. And given the fact that, as you stated, it appears to be City ofMiami Page 219 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 pretty much evenly divided, which I'm sure is excruciatingly painful for anyone to try to make a decision on that because there are a lot of merits that were presented on both sides. And certainly, education is something that I believe all of us support, especially when you look at children, you look at parents, you look at education that's affordable at a high quality. However, at the same time, you have the residents. And so I believe it's wisdom on your part to at least give both sides an opportunity to take another crack at it to see if there can be some type of compromise. Andl -- that's why I will support your deferral. Chair Sarnoff All right. Commissioner Gort. Commissioner Gort: And like always, going to go back to a little history. Back in 1999, we were talking about the downtown urban core and attracting people to development and try to bring development and residential area into the downtown area and some of the (UNINTELLIGIBLE) within the City ofMiami. We talked about the one thing we needed was charter schools 'cause people will not come and live there if we didn't have a charter school. That's why we created that one right next to the police station. However, I think there's a great need for school within that area. I don't believe the existing school -- the full capacity. But at the same time, I personally think that this location cannot handle 1,700 students. I think it'd be too much. There's a traffic problem in there and that area is very small. I mean, that triangle has had problems forever. Whenever they constructing the 1-95 and the Tri-rail [sic], that divided and created that triangle which used to be residential. Then they had to change the zoning from residential to office and now they had to change it back again 'cause there's not too many roads that go into there. So I personally think we do need a school. We need a charter school within the area, but I think 1, 700's too much for that area. So I'll be in favor of deferral. Chair Sarnoff There's nothing that I'm going to say that hasn't been said one way or another tonight. Obviously, it's my district that is really hungry for the school. And Brickell, it's a real shame what the City of Miami has done to you, and it's what I was arguing against when I first got on the dais here. None of the impact fee money stayed in Brickell. All the high-rises went in Brickell. I started with the parks. Obviously, I don't represent the schools. Andl can tell you, if you offer a hungry man bread, he will take it. If you offer a starving man bread, he will gladly receive it. And Brickell's hungry. The question just becomes, do you put your onus on your community just to your west that happens to be another district Commissioner, and are you just a little overhungry for 1,700 students? I think everybody knows deep down in their hearts it's too big for that particular spot. Now should there be a school in that spot? I'm not going to tell you I understand the economics behind it. I'm sure they can tell me why something would or wouldn't work. But if you could lower the number of students substantially, you know, I would certainly support, subject to the district Commissioner, a smaller school that would work in that neighborhood. I actually think it's -- I think at the right number, it's a very unique place to put a school. I actually think it would be a very good place to put a school. I haven't done my due diligence on Mater, but think will. Obviously, you have a great many fans out there and you're probably the right school at the right time and the right place. You know, it's like my wife once told me about her shoe size. She says I'm a size 7, but a size 11 really feels so much better. And you're putting a foot that's probably too big in a size 7 shoe. Andl think you all even kind of instinctively know it, but then again, Brickell, you're hungry. And I'll tell you what I'm excited about. I'm excited to see families on Brickell. Andl was going to ask the question when you said, you know -- I think it as Mr. De La Cabada said, you know, we're not a bunch of partiers. Andl was going to ask him, don't families still party? Is that just out of the questions or --? You know, I'd love to support a school in this neighborhood. I'd love to even continue to work -- I find this to be a great school. I'd like to continue to try to find -- I don't know who owns the property. I've heard different things. There are some good spots, I can tell you, a little bit to your north. There's a lot of vacant land up there around the Mary Brickell Village. There's right by the water. There's the Millennium Group. There's a lot of large parcels out there that maybe you don't own it, but you might be able to acquire it that would work. There's no doubt that Brickell needs a school, no two ways about it. The question just becomes can you compromise City ofMiami Page 220 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 some. Can you compromise in what you can put out there? Because if the district Commissioner supports it, I will support him supporting it. But I think he's right. I think he's -- and I was curious. This is his really first big zoning issue, andl think he did a great job. I think he really hit it out of the park. I think he understands the issue completely, and I think he's dead right; it's just too big. So I can support the deferral. I hope you guys continue to talk. Andl hope all you parents out there -- you spent -- I'm not sure you spent $100 million 'cause I did the analysis, but you spent -- a lot of money was spent on impact fee money and it didn't stay anywhere in our district, not even close to where it was supposed to stay. Andl think you need to continue to push the Miami -Dade County school system why they're not being maybe more supportive. Maybe they can supply them more money so it doesn't need to be as many students. But Brickell, you're not getting your money's worth. You're not getting the impact fees. You're not getting any of your tax dollars. I agree with you so I will support the deferral, and hopefully they can continue to talk. Commissioner Gort: Mr. Chairman. Maria J. Chiaro (Deputy City Attorney): Mr. Chair, before you vote on this deferral, I would like for the members of the Commission to make clear the process to be followed when this comes back, if, in fact, the public hearing and all presentations are concluded at this meeting and it will be coming back only for Commission deliberation or if there is further testimony the Commission is going to take, the record should be made clear before you vote on the deferral. Chair Sarnoff I agree. We'll let the district Commissioner make that decision. Vice Chair Carollo: I think all the testimony that we received from the public should not continue in the next meeting because I think it's going to just be redundant. I think everyone who had a chance -- who wanted to speak had a chance to speak. I think for the next meeting it should be within the Commission -- Commissioners. And as far as the applicant and the appellants, maybe respond to any questions that a Commission [sic] may have or additional questions. But I don't think we need an additional presentation. I think it should just be answering questions from this Commission and hopefully proffering some type of consensus or some type of agreement that they've worked within each other. Chair Sarnoff Commissioner Gort. Commissioner Gort: I just wanted to add -- I think it was -- I was very happy to see so many young couples in here with the kids not only from Brickell but also from the Roads. Vice Chair Carollo: Yeah. Commissioner Gort: And this is something that we wanted to do is attract more young people into the City ofMiami. Chair Sarnoff All right. So we have a motion to defer. We had a second. Any further discussion, gentlemen? Ms. Thompson: Just want to clam for your record, it is for November 18 and it's on both PZ.24 and PZ. 25. Vice Chair Carollo: How does my colleagues feel? Do you think November 18 is sufficient time? It'll be what, two, two and a half weeks, or should we move it to December 18? Chair Sarnoff I'd give them December 18. Vice Chair Carollo: December 18. City ofMiami Page 221 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Ms. Thompson: That'll be December 16. Vice Chair Carollo: Defer to December 16. Ms. Thompson: Thank you. Chair Sarnoff All right. So we have a motion and we have a second. Any further discussion. All in favor, please say "aye." Ms. Thompson: Now, Chair, before you go on, we're reaching our bewitching hour on our machine, so we'll have to -- it's going to shut down and we'll have to flip over. Chair Sarnoff All right. Ms. Thompson: Thank you. Vice Chair Carollo: And we have to finish all of our PZ (Planning & Zoning) items, correct? Chair Sarnoff Yeah. Vice Chair Carollo: Okay. Chair Sarnoff We can defer a couple things. PZ.25 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. City ofMiami Page 222 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 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 10-00044x-a-Submittal-Community Support Part 1.pdf 10-00044x-a-Submittal-Community Support Part 2.pdf 10-00044x-a-Submittal-Grace Solares-Opposition to School In The Middle Of Our Neighborhood-F 10-00044x-a-Submittal-Grace Solares-Opposition to School In The Middle Of Our Neighborhood-F 10-00044x-a-Submittal-The Roads Neighborhood News. pdf 10-00044x-a-Submittal-Grace Solares.pdf 10-00044x-a-Submittal-Amy Huber -Tucker Gibbs. pdf 10-00044x-a-Submittal-Sample Parent Contract Brickell Preparartory Academy. pdf 10-00044x-a-Submittal-Tucker Gibbs. pdf 10-00044x-a-Submittal-Declaration of Restrictive Covenants. pdf 10-00044x-a-Submittal-Brickell Homeowners Association-Resol ution. pdf 10-00044x-a-Submittal-Miguel Diaz de la Portilla.pdf 10-00044x-a-Submittal-Iris Escarra.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): John K. Shubin, Esquire, on behalf of 1701 Brickell Condominium, LLC and Peacock Development, LLC, Adjacent Property Owners APPLICANT(S): Miguel Diaz de la Portilla, 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. City ofMiami Page 223 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 PZ.26 06-00840x1 Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Note for the record: Item PZ.25 was deferred to the Commission Meeting scheduled for December 16, 2010. Note for the Record: Please refer to item PZ.24 for minutes referencing item PZ.25. 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 ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1800 AND 1806 SOUTHWEST 2ND COURT, MIAMI, FLORIDA. 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 11-18-10 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. City ofMiami Page 224 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Motion by Vice Chairman Carollo, 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 Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Before we do the PA.1, I think there's someone here in the audience with regards to PZ.26, and I just want to make -- I -- you know, I was thinking of deferring PZ.26, so you know, if you don't mind me entertaining that motion? Chair Sarnoff Not at all. Is this the school? Vice Chair Carollo: This is actually a second school. Chair Sarnoff One of them. Vice Chair Carollo: Right. Chair Sarnoff That's the pre -- that's -- okay. Vice Chair Carollo: So we -- it's my -- we're -- Chair Sarnoff Let me -- Vice Chair Carollo: -- it's my intention to hear one and then just defer the other one. Chair Sarnoff Can we take a motion to continue at this Commission or do --? Is that -- Commissioner Suarez: So move. Chair Sarnoff -- acceptable to you? Priscilla A. Thompson (City Clerk): Sure. We're after 10 o'clock. PZ (Planning & Zoning) items were -- Chair Sarnoff Okay. Ms. Thompson: -- supposed to be heard after 10. Chair Sarnoff All right. So we have a motion by the Vice Chair, second by the -- by Commissioner Suarez for PZ.26. Any discussion, gentlemen? Vice Chair Carollo: To continue it. Chair Sarnoff To continue it to the next PZ -- Ms. Thompson: November -- remember, in November you have one meeting combined, so it's November 18. Chair Sarnoff You understand? Vice Chair Carollo: Okay. That's fine. City ofMiami Page 225 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 D4.1 10-01226 Chair Sarnoff. All right, all in favor, please say "aye. The Commission (Collectively): Aye. 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 END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION RELATED TO PROPOSED LEGISLATION CONCERNING AFFORDABLE HOUSING. 10-01226Affordable Housing Special Benefit.pdf NO ACTION TAKEN END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 City ofMiami Page 226 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 NA.1 10-01287 NON AGENDA ITEMS DISCUSSION ITEM CITY OF MIAMI POLICE CHIEF MIGUEL EXPOSITO BRIEFED COMMISSIONERS ON "OPERATION LUCKY 7", AN OPERATION THAT LED TO THE CONFISCATION OF HUNDREDS OF ILLICIT GAMBLING MACHINES. DISCUSSED Chair Sarnoff. And, Mr. Mayor, if we could recognized the chief of Police, who has been forming an operation known as Lucky 7, and if the City Commission could recognize him and allow him to give a brief presentation. The chief ofPolice is the honorable Miguel Exposito. You're recognized for the record. Chief Miguel Exposito (Chief of Police): Good morning, Mr. Chairman. Good morning, Commissioners. In order to give you an update as to what we're doing now, I think we need to look back at what we've done in the past. For a five-year period, I supervised the task force that was created within the Police Department, but it involved other City departments where we're doing inspections of nightclubs, eating establishments, and other locations that were encountering some problems with violations of the law, particularly as it pertain to liquor licensing. Some of these operations, we also worked with ABT (Alcoholic Beverages and Tobacco), with the state of Florida ABT. What we noticed as we started doing these operations is that there were a lot of these gambling machines in some of these restaurants and bars that we were going into, and we did some research because we didn't know if they were legal or not. We kind of figured they weren't, but we did some research, and we determined that they were illegal machines. The way the law reads is these are games of chance. It requires putting something of value in it to play them and you have to get something of value in return. It could be just credits or it could be where you're getting paid. Now we know that some of the establishments -- because we did have undercover officers working there -- were actually paying people when you won playing these games. In some cases, you just got the credits and you got an opportunity to play again, making these machines illegal. So we started picking up the machines, and we picked up about 1,500 machines, maybe a little more, throughout the City, and the machines just disappeared. We did a real good job of that. Last year, because of the budget situation that we were encountering, the task force was disbanded. And shortly thereafter, I was appointed chief ofPolice. We started noticing in recent months that the machines were starting to creep back slowly into the City, andl sent some of my undercover officers out to the street to see how bad this problem was. We were also getting a lot of complaints from citizens who didn't want these machines in their neighborhood, and rightfully so. Some of them were the children of some of our elderly population who had concerns that their parents were actually spending the money that they were receiving in Social Security on these machines because they had been addicted to the gambling that comes from these machines, so we went ahead and decided we'd put together this operation. Just so that you'll know, these machines generate a lot of revenue. It's untaxed revenue. When we were doing the operations previously, we found the books of some of these establishments that had these machines. And we found one establishment in Little Havana that had 12 gambling machines and they were averaging $18, 000 profit a week, nontaxed. That's how big this operation is. I will also tell you that some of the people that run these operations are tied into organized crime. One such organization was the Jose Battle organization. And if you Google Jose Battle, you'll find out that his organization was involved in murders in New Jersey, loan sharking; they fire-bombed a lot of businesses, and they moved their operations down to Miami. And as a matter of fact, Mr. Battle was convicted of Racketeering and part of that case came from some of these machines that we confiscated. And Mr. Battle died in prison, but his organization, as far as we know, was dismantled. When we started doing these operations, we found out that there were quite a few machines still in the City that had crept back City ofMiami Page 227 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 in, as I mentioned earlier. And we got 85 officers -- we solicited the assistance of State Alcohol Beverage and Tobacco because we wanted to take this operation a step above what we had done in the past. In the past we took care of the machines and that was the end of it. And we wanted to find out where these warehouses were that these people were running these -- this illegal business, and we solicited the assistance of state division of Alcohol, Beverage and Tobacco because we had no jurisdiction outside the limits of the City ofMiami, and we did follow them outside the City. Some of these were in Hialeah. Some of them were in unincorporated Dade County. And we also seized machines in that jurisdiction with the assistance ofABT. We wound up arresting 30 individuals. We did not target the owners of the business. We were more interested in getting the people that owned these machines than we were of the owner of the business. You may ask why. They -- the people that ran these businesses did not know because they were being told by the people that actually owned the machines that these machines were legal. They went as far as getting some City licenses that were supposed to be on other legal machines and put them on these illegal machines and convinced these business owners that the City had actually licensed these illegal machines, so we gave them the benefit of the doubt. And unless there was no license whatsoever on these machines, we would -- did not arrest them. We just confiscated the machine. The operation also -- we wound up getting close to $12, 000 out of these machines, so as I mentioned, that's $12, 000 that we took out of the pockets of our residents, probably our poorest residents; that rather than using this to survive, they've been using this money to gamble. So that, in a nutshell, is what we did. We are still continuing our investigation because it is involving organized crime. We have also brought the FBI (Federal Bureau of Investigations) in and we're working in conjunction with the FBI on that. Chair Sarnoff Very good, chief. Chief Exposito: Okay. Chair Sarnoff Any Commissioners have any questions? Vice Chair is recognized. Vice Chair Carollo: Thank -- Chief Exposito: I will mention the other thing, before I forget. The majority of these machines were in Little Havana andAllapattah and in -- Vice Chair Carollo: Flagami. Chief Exposito:Flagami area. Okay. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. I'd like to begin by thanking you, chief. It is something that I saw kept popping up. Every day I would get complaints more and more little machines. As a matter of fact, they're actually going to businesses and asking would you like to have some machines. I have voiced my concern. I don't know what has propped [sic] all this to go on. I don't know if the legislation, the interpretation of the legislation, or what it is, but the bottom line is that I kept seeing a problem in my district. I remember from years' past how we battled this, andl was really growing in concern because more and more business owners and residents were telling me the famous maquinitas keep popping up, Commissioner. What's going on? So I truly, truly appreciate you going out there, you enforcing this, and more than anything, improving our quality of life. So again, thankyou. Chief Exposito: You're welcome. Andl thankyou, Commissioner, 'cause some of the complaints came from your office, andl appreciate that, as well as Commissioner Suarez. City ofMiami Page 228 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoft Commissioner Gort and then Commissioner Suarez. Commissioner Gort: I, myself, since being impact quite a bit in my district. I really thank you at the same time. Now my question to you also, the new law that we passed, does that help you, the new ordinance that was passed just last month? Chief Exposito: The ordinance does not apply to these machines. I mean, the ordinance is pretty clear that there is a quote in there that cites Florida State Statute 849, which deals with these illegal machines, and it says you cannot use these licenses and affix them on machines that fall within Florida State Statute 849. Commissioner Gort: Okay. Now my understanding, when I voted for this ordinance, is that the - - previously, people would go and buy "X" amount of machine or permits for machines, and one individual could buy up to 1,000. My understanding, with the new ordinance now that the property owner can go and purchase and its limit the amount of machines that they can have and they cannot be gambling machines. Chief Exposito: That's correct, Commissioner. The other thing that the new ordinance also does is that we inspect the machines, we, as a city, and it also sets aside funding for operations such as the one that we just did. We took this upon ourselves and we funded it ourselves, but that's something that -- in the future with the new ordinance, we'll be able to use some of that funding to do future operations. We intend to keep a close eye on this situation. Andl think we sent a loud message out there to these operators that it's not going to stop at the city limits; we're going to take it beyond, andl think that that's going to really make an impact on it. Commissioner Gort: Thankyou, chief. Chief Exposito: Thank you. Chair Sarnoff Commissioner Suarez and then Commissioner Dunn. Commissioner Suarez: Thankyou, Mr. Chairman. Chief I just want to echo the sentiments of the Vice Chairman and Commissioner Gort in thanking you on behalf of the people of District 4 and the businesses of District 4. Another consequence of these machines, aside from the fact that some of our residents were spending what little money they had gambling away their disposable earnings, was that the businesses were also being hurt because the business owners were selling - - or undercutting some of their services. I went in, by chance, to one of these convenient stores - - gasoline stations and they sold me two bottled waters for a dollar. Now anyone knows that a bottled water alone costs about a dollar, dollar twenty-five, so when they're selling two bottled waters for a dollar, you know something's not right, you know. So I really appreciate your efforts in enforcing this because it's not only an issue of quality of life for the residents, which I completely agree with, but it's also an issue of fairness and competition in the businesses. Andl think the reason why I was so adamant about the legislation is because there was a certain amount of -- someone argued that there was a certain amount of ambiguity as to the interpretation of the statute, the state statute, and what I wanted to do was incorporate what the various appellate courts had opined as far as the law and the state of the law in reference to the statute, which I thought had provided much more clarity. I think you guys have it right in terms of your interpretation. Chief Exposito: Right. Commissioner Suarez: I just wanted to make sure that everyone understood it the same way and that's why I wanted to clarify the language in the statute, the ordinance. City ofMiami Page 229 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 NA.2 10-01260 Honorable Mayor Tomas Regalado Chief Exposito: Yes. You know, there's a lot of confusion with this law. As a matter of fact, when we first started enforcing this law, the State Attorney's Office was not familiar with it. We actually provided classes to incoming prosecutors on this law, which is kind of unusual that the Police Department would actually be training prosecutors, but that's what we were doing. We also had to educate the judges because they all believed that there had to be an exchange of money in order for it to be a violation, and that's not so. We are probably one of very few departments in the state that is enforcing this. It -- you need a lot of coordination. You need the space to store these machines until they're destroyed, which we will be doing. And we're probably one of the few jurisdictions in the state that's actually enforcing this law with the assistance of -- obviously ofABT. Chair Sarnoff Thank you, chief. And Commissioner Dunn. Commissioner Dunn: Thank you, Mr. Chair. Again, I share the sentiments of my colleagues. I actually saw the operation in action the other day, andl noticed the streets were blocked off had the big truck loading up the machines, so it made me very proud, so just wanted to commend you. Chief Exposito: as I mentioned, it's the poorest areas of the City that are actually being impacted negatively by these machines. Commissioner Dunn: Thank you. Chief Exposito: Okay. Chair Sarnoff And, chief just on behalf of the District 2 and being the Chairman, I just want to thank you for the job that you do. I'm sure when you wear the blue uniform, you don't get too many thanks, but think you're doing more with less. Andl don't know how we continue to make those demands ofyou and how you continue to fulfill those demands. And l just want to say on behalf of every citizen ofMiami, I think everybody feels safer since you've been the chief of Police, so thank you. Chief Exposito: Well, thank you. We're here to serve. And thank you for those kind words, Mr. Chairman. Chair Sarnoff All right. Anyone else? RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT REINSTATEMENT, CONTINUATION, EXTENSION, AND AMENDMENT FROM AUGUST 1, 2010 UNTIL OCTOBER 31, 2010 AND ADDITIONAL FUNDING, IN THE NOT TO EXCEED AMOUNT OF ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) (THE "EXTENSION GRANT"), RELATING TO THE EXISTING REIMBURSEMENT GRANT, IN THE NOT TO EXCEED AMOUNT OF SIX HUNDRED THOUSAND DOLLARS ($600,000) ("SCHOOL YEAR 2009-2010 GRANT), FROM THE CHILDREN'S TRUST (THE "TRUST"), FOR THE SERVICE PARTNERSHIPS PROGRAM TO THE CITY OF MIAMI ("CITY") FOR THE CONTINUATION AND EXPANSION OF THE CITY'S TRUANCY REDUCTION SERVICE PARTNERSHIP PROGRAM DURING THE 2009-2010 SCHOOL YEAR (THE "PROGRAM"); AUTHORIZING ACCEPTANCE OF THE EXTENSION GRANT FUNDING INTO AND APPROPRIATION FROM THE EXISTING SPECIAL REVENUE FUND City ofMiami Page 230 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 ENTITLED: "THE CHILDREN'S TRUST SERVICE PARTNERSHIP GRANT FOR PARKS," TO FUND THE PROGRAM BY APPROPRIATING FUNDS, IN THE EXTENSION GRANT AMOUNT NOT TO EXCEED ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT #001 WITH THE TRUST, IN SUBSTANTIALLY THE ATTACHED FORM (THE "AMENDMENT #001 TO THE TRUST CONTRACT), FOR SAID PURPOSES, AND TO EXECUTE ALL OTHER NECESSARY DOCUMENTS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE EXTENSION GRANTAWARD FOR SAID PURPOSES; ADDITIONALLY, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, ANY RELATED EXTENSION/AMENDMENTS TO THE EXISTING PROFESSIONAL SERVICES AGREEMENTS WITH NOT -FOR -PROFIT SERVICE PROVIDERS AND THE EXISTING INTERLOCALAGREEMENTS WITH MIAMI-DADE COUNTY PUBLIC SCHOOLS AND WITH THE 11TH JUDICIAL CIRCUIT COURT, ALL IN COMPLIANCE WITH THE ATTACHED FORM OF AMENDMENT #001 TO THE TRUST CONTRACT, FOR A PERIOD COMMENCING AUGUST 1, 2010 THROUGH OCTOBER 31, 2010, AS NECESSARY UNDER THE SCHOOL YEAR 2009-2010 GRANT AND THE EXTENSION GRANT. 10-01260-Legislation. pdf 10-01260-Amendment-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-10-0471 Mayor Tomas Regalado: I do, if you allow me, however, have two items that are a little time -sensitive and important. First item is the Children [sic] Trust and this -- what I'm presenting to you -- Chair Sarnoff It's a pocket item, Mr. Mayor? Mayor Regalado: These are pocket items. Chair Sarnoff Okay. Mayor Regalado: Yes. Chair Sarnoff Lets -- just the record be clear, the Mayor is bringing up pocket items. Priscilla A. Thompson (City Clerk): That's correct. Thank you. Chair Sarnoff Okay. Mayor Regalado: And the reason we are doing this is because this resolution for the Children [sic] Trust grants has to be walk through so we can bring it to the attention of the executive of the Children [sic] Trust. This is a resolution authorizing the City Manager to accept a reinstatement, continuation, extension, and amendment from August 1, 2010 until October 31, 2010 and additional funding, in the not -to -exceed amount of $150,000, relating to the existing reimbursement grant, in not -to -exceed amount of $600, 000 for the school year 2009-2010 grant. City ofMiami Page 231 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 What this does, Chairman and Commissioners, is that it allows us to draw funds from the Children [sic] Trust grant up to October 31 and then to continue drawing funds. These are grants that had been already approved, but the reimbursement has not been done yet, so we're asking the Children [sic] Trust to commence their reimbursement. I understand that all of you have been brief by the Administration, but Dorcas and Robin are here if you need any information. And the reason I'm just bringing this is because the Law Department has to walk it through so we can finalize this today; it can be signed and given to the Children [sic] Trust today. So that's the first pocket item. Chair Sarnofff. All right. Do we have a motion? Commissioner Dunn: So move. Chair Sarnofff. We have a motion -- Commissioner Suarez: Second. Chair Sarnofff. -- by Commissioner Dunn, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say -- Unidentified Speaker: Maybe -- oh, I'm sorry. Turn off the -- Chair Sarnofff. Oh. Commissioner Dunn: Oh. Mayor Regalado: Oh, it's them talking, not you -- Chair Sarnofff. I was wondering what -- Mayor Regalado: -- or me. Chair Sarnofff. -- Commissioner was making noise. Commissioner Gort: We were trying to find out who the ghost -- Chair Sarnofff. Exactly. Commissioner Gort: -- who was the ghost. I mean, the ghost -- Chair Sarnofff. All right. Commissioner Gort: -- of Pan American came back. Chair Sarnofff. We have a motion and a second, gentlemen. All in favor, please say "aye." The Commission (Collectively): Aye. NA.3 RESOLUTION 10-01261 Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Tomas Regalado CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), BETWEEN THE CITY OF MIAMI AND DOWNTOWNMIAMI.COM, CORP., FOR THE USE OF PARTIAL RETAIL SPACE LOCATED AT 900 SOUTH MIAMI AVENUE, MIAMI, FLORIDA , City ofMiami Page 232 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 COMMENCING ON THE EFFECTIVE DATE OF OCTOBER 29, 2010, TO ACCOMMODATE A NEIGHBORHOOD ENHANCEMENT TEAM (NET) OFFICE AND OTHER MUNICIPAL SERVICES, AS THE CITY MANAGER DEEMS NECESSARY, FOR AN INITIAL TERM OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR TERMS, WITHOUT ANY MONTHLY FEE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR SAID PURPOSE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT, AND TO MAKE ANY NON -SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT AS NEEDED, SUBJECT TO CITY ATTORNEY APPROVAL. 10-01261-Legislation. 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-10-0472 Mayor Tomas Regalado: Mr. Chairman, Commissioners, this resolution, another pocket item, is one that I am very proud of. This is the new Miami partnering with the private sector to accomplish what we need to do in these times where we don't have funds from the City government. I would like to say to you -- and Chairman Sarnoff is very aware of that -- that before Thanksgiving, we will be making a major announcement on the Gusman. Andl believe that all of you have been brief and Chairman Sarnoff had been very engaged in this conversations, andl understand that we will be finalizing some of the details in the next three weeks, something like that, and we can have an announcement of the Gusman. The reason I'm saying this is because this pocket item has to do with partnership with the private sector. This is a resolution authorizing the City Manager to execute a revocable license agreement between the City ofMiami, Downtownmiami. com, for the use of partial retail space located at 900 South Miami Avenue, Unit number 185 -- this is in Mary Brickell Village -- commencing on the effective date of October 29, 2010, to accommodate a NET (Neighborhood Enhancement Team) office and other municipal service for an initial term of one year, with the option to renew for two additional year without a monthly fee; further authorizing the City Manager to execute an agreement, as needed, with terms and conditions set forth in the agreement, subject to the City Attorney approval. Commissioners, what this is is a poster child for private partnership. We do not have a NET office in Brickell. We do not have a NET office next to downtown Miami, downtown office. It's in the Park West/Overtown area. Now Downtownmiami.com has obtained from the Mary Brickell Village people a large retail space that was empty on the first floor across the streetfrom -- well, next to Oceanaire, a very well-known restaurant for some -- and this -- what this will do is several things. Number one, Downtownmiami. com will pay the monthly rent, which is like a symbolical rent that they were given. All the furniture has been donated, and the NET office will have an employee doing permits and information. Also, Greater Miami Conventions and Visitors Bureau will have all the information and City ofMiami will have information. This is -- this will be called City ofMiami Downtown.com [sic] Visitors and Residents Information Center. This is at no cost, one penny, to the City ofMiami. All expenses will be paid by Downtown. com [sic] and, of course, Mary Brickell. And we also have their blessing, the Mary Brickell, to have the Paint Miami Festival, which will be done during the winter or in the spring. It will be painters painting things ofMiami and have that in the plaza there; and also the Miami Art Collection, the few paintings that we have, will be displayed at that center. Will be an (UNINTELLIGIBLE) exposition. So I don't know if Haydee Wheeler would like to say something about it, and she -- I know that she's very excited about having NET personnel. Haydee. Haydee Wheeler: Good morning. Haydee Wheeler, director of NET. We're excited because we're looking at other activities, other responsibility that the Office of NET can actually bring to City ofMiami Page 233 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 our residents. And this is one of our best areas in the City right now, so we feel that with the mixed uses, the residential, the businesses, the welcoming center, and the experience that our staff will bring, we'll have like a one -stop shop also and provide more services, so we're really looking forward to this new venture for us. Chair Sarnoff Thank you. Mayor Regalado: And as I said, Commissioners, this is at no cost at all to the City ofMiami, only the transfer of one NET employee from the Overtown or whatever the NET director decide so they can have different hours to attend to the public needs in that center. And the center, it's almost functioning. Whenever it's ready to open, we would like you to be there because I think it's important for Mary Brickell, it's important for Brickell residents, or for downtown with so many residents. So that's -- Chair Sarnoff All right. Mayor Regalado: -- the pocket item. Chair Sarnoff So is there a motion? Commissioner Suarez: Move it. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Suarez -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Any -- Commissioner Suarez is recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. And Mr. Mayor, I just want to commend you for setting up this NET office. As you know, District 4 does not have a NET office, but we are in the process of establishing a small pocket NET office, just like this one, at Coral Gate Park so that we'll have one kind of centrally located. But to the extent that anyone offers one in the Flagami area or closer, you know, to the Coral Way area, if anyone reaches out to your office with a similar offer, I would love to have one because I think that the concept of NET is important to our residents because we come and we go, but NET is always there, and so they build long-standing relationships with the NET administrators and, in many cases, their -- that's their go -to -people for the residents of the City ofMiami and they do so many things for our community. So I just want to commend you for doing this. As usual, you're always coming up with other ways that we can benefit from private sector partnerships, and this is just another example. Thank you. Mayor Regalado: Thank you, sir. Commissioner Gort: Mr. Chairman. Chair Sarnoff. Commissioner Gort's recognized. Commissioner Gort: Since we addressing NET, I'd like to go back in the '90s when the NETs were originally put together. The main reason the NETs were put together is to give service into the neighborhood and to give the ability of the Police, Code Enforcement, and the individual from the NET to work together as a team. A lot of the problems that cannot be solved -- crime problems that cannot be solved by the Police, it could be solved by the NET administrator or by City ofMiami Page 234 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 the Code Enforcement. So -- and now that we get the private sector involved -- I'm a great believer that the combination of the private sector and the public sector is very important, andl hope this can be used as a pilot program for other communities. Thank you. Mayor Regalado: And you know, I remember, as a Commissioner for District 4, when the old Paseos Shopping Center open, they gave us an office space on the first floor, and we had the Police Department there. It's a mini station from the Police Department. And Commissioner Suarez, you are -- you're right. And talking about partnership, next Tuesday, you andl need to be at the County Commission board meeting where the County Commission will discuss and hopefully approve a resolution that was passed by the governmental committee, giving the City of Miami and District 4 $1.5 million for the construction of the community center in West End Park, and you know -- and Alice Bravo was there, and she probably will try to accommodate a small office for NET and Police. I mean, this is a huge residential area. And so it's another one for you, Alice. But I think, you know, that in these times, we can get whatever we can. And we're very happy with this office in Mary Brickell and hopefully, we will be very excited when we make the announcement about the Gusman because it will be private sector working with the City. Commissioner Suarez: Mr. Chairman -- Chair Sarnoff. Commissioner Dunn. Commissioner Suarez: -- ifI may just say -- just chime in one thing on what the Mayor said? Chair Sarnoff. Yeah, please. Commissioner Suarez: I just want to thank the Mayor because it was the Mayor's initiative at the inauguration of the West End -- I mean, the West Miami community center who made the ask of Commissioner Sosa, and she was kind enough not only to announce at that opening a million dollars, but then she upped it to a million and a half, so I want to thank the Mayor for his help and for his ability to influence our County Commissioners. Thank you so much. Chair Sarnoff. Commissioner Dunn. Commissioner Dunn: Thank you, Mr. Chair. I, too, echo again the sentiments of my colleagues. I want to commend you, Mayor. Just happen to be watching on the channel -- on the City's channel this morning the whole history about the City ofMiami with Julia Tuttle and Mary Brickell. And so I think the key factor here is the location is so important. It's a gateway to Miami in many ways, to the financial district and also to the Americas. And it is an excellent example of how you've been able to lead us through some turbulent waters without it being any cost to the City. That's a win -win for everyone, so I want to commend you. Andl was just intrigued because I just this morning had an opportunity to really look at the historical overview of the City on the City's channel, so with Mary Brickell, it's certainly apropos that it be something there to reflect and represent the City where people who are coming into the City from out of other countries and other places can get some information and guidance into this great city that we're becoming. Mayor Regalado: And Mr. Chairman, you know, we all know that the past budget was very difficult. We know that the next budget, we also will be faced with challenges and difficulties, so we are trying to bring -- and people from the private sector are coming forth to help. Just the other day the Kiwanis wants to do something in Lummus Park, and that's for free. And Commissioner -- Vice Chair Carollo, also is working with a major corporate donor for something for one park in his district. So I guess that, you know, since we don't have money, we can -- you know what they say, ask and you will get. Chair Sarnoff. All right, so -- City ofMiami Page 235 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 NA.4 10-01272 Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized, Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. First of all, I think public private partnerships are excellent, especially one of the things that I've always asked how much will it cost the City, and it appears that it will not cost the City anything, so you know, I think it's a great idea. I'm really happy to hear about it. And just as a caution, you know, as far as any liability, will the City have any liability in case the rent isn't paid or so forth? Would it pass onto the City? No, not at all? Mayor Regalado: Not at all, sir. Vice Chair Carollo: that -- Mayor Regalado: Not at all. Vice Chair Carollo: -- you know, and that's great. And -- Mayor Regalado: It's a revocable license. The moment that they fail to pay, it's gone. We -- Vice Chair Carollo: And no liability to the City? Mayor Regalado: No liability. Vice Chair Carollo: I think it's great, and I think, in all fairness, it's a model for how the future, you know, it should be; you know, more private public partnerships, so once again, thank you. Chair Sarnoff All right, gentlemen. We have a motion. We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. DISCUSSION ITEM UPDATE BY THE ADMINISTRATION ON THE CITY OF MIAMI'S 2009-2010 FISCAL YEAR BUDGET. 10-01272-Submittal-Monthly Financial Statement.pdf DISCUSSED Chair Sarnoff And now you're recognized for D2 [sic]. Mayor Tomas Regalado: Mr. Chairman, the -- Chair Sarnoff It's a discussion item, the Mayor. It's not a -- Commissioner Gort: It's not a public hearing. Chair Sarnoff Yeah. So you're recognized for D2 [sic]. Mayor Regalado: The Manager has asked that -- as you requested and we promised we'll do the monthly, the financials, and we have to do the August financials. The Budget director, Mirtha Dziedzic, is here. And if you allow her, she will explain to you -- City ofMiami Page 236 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mirtha Dziedzic (Interim Director, Strategic Planning, Budgeting, and Performance): Good morning. Mirtha Dziedzic, Budget Department. This is the financial update as ofAugust 2010. We are currently about the same as we were in July as far as our deficit in the general fund, $21.9 million. It actually got about $118,000 better this month than the previous month. Revenues seem to be doing a little bit better than they were last month as far as taxes, not in real taxes but in delinquent tax collections. Those are coming in better than expected. And expenditures have stayed within the same realm as the previous month. Any questions? Chair Sarnoff Does anybody have any questions of the Budget director? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff The Vice Chair is recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. My first question is why did it take so long to provide us this information? Ms. Dziedzic: The August projection -- the August update? Vice Chair Carollo: The August actuals [sic]. This is the actual ofAugust. As of -- Ms. Dziedzic: Yes. Vice Chair Carollo: -- August what, 31, 2010? Ms. Dziedzic: August 31, yes. Vice Chair Carollo: And we're in October 28. Ms. Dziedzic: Yes. Vice Chair Carollo: Why did it take so long? Ms. Dziedzic: Well, basically, the '11 budget preparation and getting those documents together. The adoption of the '11 budget delayed being able to prepare this document. And the September numbers -- the September month hasn't been closed as of today. They're still collecting infor -- Finance is still collecting accruals and expenditure -related items from fiscal year '10. Vice Chair Carollo: I want to ask when September is going to be closed, but before I ask that, I want to go back to the August 31. I really am disappointed. I feel that we should have received the August numbers way before October 28. I think this is something that we strive for from the beginning when I first came here, from the beginning when the Manager first came here. This was something that, on a monthly basis, we were going to be receiving, and we didn't receive. And as a matter of fact, I think this was e-mailed (electronic) late -- I forgot what night this week, if it was yesterday or the day before or so forth. Andl really think that -- andl know we were going through the budget and so forth, but still, it's unacceptable. I mean, you know, two months later, it's -- it really should be much sooner than that. And again, this isn't something new. This is something that, you know, we've discussed in the past. Chair Sarnoff Any other Commissioners have any comments? Mr. Manager -- Carlos A. Migoya (City Manager): Mr. Chair. Chair Sarnoff -- do you want to respond? City ofMiami Page 237 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Migoya: I'm happy to do that. We did have many discussions around this, if you remember, throughout the month of September. And typically, we would have this done on the second meeting of September. We were right in the middle of the budget season, and we had the entire Budget Department for the entire month of September working on the budget itself which is -- these are when they do the preparations. And frankly, we should have had it for you at the first meeting of the month. And we didn't have it prepared by then because we did have a lot of issues still pending around the budget and a lot -- and not just necessarily the budget, but all the inputting that was necessary as it relates to the budget. So again, we apologize for that. As it relates to September, Diana Gomez is here; can tell you more about the closing. It is the fiscal ending, so obviously, it's a special time. And we will be prepared to give you not only the actual closing for September, but also the special revenue reconciliations that the Budget Department is doing, and have everything done for you for the November 18 meeting. So with that, ifI may, I'd like to ask Diana to talk about the September. Diana Gomez: Diana Gomez, Finance director. The September 30 closing for 2010 is underway. The soft closing was scheduled for yesterday. There were some delays. It's going to be closed this weekend. Soft closing means that all the sub -modules -- all the individual sub -ledgers closed and, therefore, no more transactions go into those sub -ledgers. We closed the general ledger as a tentative close for departments to review, for the Budget Department to review, for everybody to review to make sure everything is actually posted. The final closing is still on track for November 12; that is, the final closing of the books which we will start preparing from that point forward, all the schedules for the auditors who are expected to come out and start their field work in early December. They were already out these past two weeks doing some interim test work to get started on the financial statement audit. So we do anticipate that the actual closing is still on target for the 12th and the soft closing will be completed over this weekend. Chair Sarnoff. All right. Any Commissioners have any comments or questions? You want to reply, Mr. Manager? Mr. Migoya: Just one more thing there. As we have the final closing on November 12, obviously there's no projections needed 'cause it's the end of the year, so we will have that. We'll also have all the special revenue funds that we're in the process of completely reconciling. So November 18 we'll have a complete breakdown of what all those adjustments look like and ready for presentation for you for November 18. Now, at the end of that, as you know, during the actual audit there's always some issues as it relates to some adjustments and everything else, and so there's always adjustments that go beyond that November -- that September 30 hard closing that we'll have in November 12, and that's done with the auditors at the end of the year. Chair Sarnoff. Mr. Manager, it appears that we're running at about a 22 million deficit. Is that correct? Mr. Migoya: That is the case. Remember, we do have some adjustments with special revenues that we discussed previously, which is probably another three to four million dollars at this point. We may -- we're not through with all the accounts. We're still looking at fire and homeless, which may have some additional adjustments. Chair Sarnoff And we have how much in the reserves? Mr. Migoya: The reserves right now are $39 million, so we will -- we should be in the 12 to $15 million range by the end of the year, after all adjustments. Chair Sarnoff. Thank you. Any other comments from any of the Commissioners? Vice Chair is recognized. City ofMiami Page 238 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 NA.5 10-01258 District 5 - Commissioner Richard Dunn II Vice Chair Carollo: Quick question. Ms. Gomez. Ms. Gomez: Yes. Vice Chair Carollo: As far as accruals from departments, are you having any issues with receiving the accruals from each departments [sic]? Ms. Gomez: So far, no. We've been able to get them. The accounts payable module, which is mostly where the accruals are -- all the expenditures are booked, was able to close on time because we did get what we needed. So in terms of accruals, there will still be additional accruals through the time that the general ledger actually closes because if an item is not ready for payment, it cannot be processed through accounts payable. So, so far I'm okay. Vice Chair Carollo: Are we foreseeing to receive any type of findings with regards to the accruals with the audited financial statements? Ms. Gomez: That actually depends because if we get everything that we need before we close in November 12, then the auditors will have no items that they need to accrue, and therefore, there should be no finding on that particular item. So it really depends if from now until we do the final close, everything is -- has been identified and brought forth and given to Finance. Vice Chair Carollo: Could we emphasis the importance of that to all the department heads? Ms. Gomez: Absolutely. I do constantly. Vice Chair Carollo: Thank you. Chair Sarnoff All right, gentlemen, any other comments or questions? All right, thank you very much. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING SUPPORT FOR THE FLORIDA DEPARTMENT OF TRANSPORTATIONS SOUTH FLORIDA EAST COAST CORRIDOR STUDY FOR TRANSIT SERVICE BETWEEN MIAMI AND JUPITER, TO ENHANCE MOBILITY IN THE SOUTHEAST FLORIDA REGION; ENDORSING REGIONAL RAIL AS THE BASIS FORA LOCALLY PREFERRED ALTERNATIVE; AND ACKNOWLEDGING POTENTIAL STATION LOCATIONS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE AGENCIES AS STATED HEREIN. 10-01258-Legislation. 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-10-0473 Chair Sarnoff All right. Commissioner Dunn, you're recognized for the record. Commissioner Dunn: Yes, Mr. Chairman. I wanted to know ifI can indulge you, as well as my colleagues, since I do have a pocket item that's a companion to this item, ifI could introduce the City ofMiami Page 239 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 pocket item resolution that we, the Commission, are in support of the South Florida East Coast Corridor Study for transit service between Miami and Jupiter. If possible, I'd like to move this item -- move this resolution. Chair Sarnoff. Does your item pick the preference? In other words, do you actually present the preference of the alternatives that they gave us? Commissioner Dunn: Not -- I don't know if it does. I don't think it does. Commissioner Gort: No. Chair Sarnoff. 'Cause I know at the DDA (Downtown Development Authority) level, we had picked a preference, andl think it was the DEM? Scott Seeburger: DMU (Diesel Multiple Unit). Chair Sarnoff DMU. I'm sorry. Mr. Seeburger: It was the regional rail technology, diesel multiple unit. Chair Sarnoff. Is that something you want? Commissioner Suarez: I think that's what it says here. Chair Sarnoff. Does it say DMU? Commissioner Suarez: I mean, it says here Section 2, the Miami City endorses the regional rail operating in the FEC (Florida East Coast). Chair Sarnoff. But -- yeah. I thought he needed -- I -- forgive me. I mean, I was at a presentation you did before. Mr. Seeburger: Yes. Chair Sarnoff. Andl know that you were -- andl happen to agreed with the DMUpickfor a number of reasons, and predominantly, it'll go up and down our neighborhoods and we need the shortest train possible. Commissioner Dunn: I do want to say, Mr. Chairman, it is in the resolution. Chair Sarnoff It is? Commissioner Dunn: Yes. Chair Sarnoff. Could you just point me to it? Commissioner Dunn: I believe Section 2, on page 2. Chair Sarnoff. I see his Section 2, andl don't know if you have a copy of it. Mr. Seeburger: I don't. Chair Sarnoff. It doesn't actually pick DMU. I seem to recall having spoken to you that you actually were looking for various organizations to pick the particular train, if you will. Yeah, model train. City ofMiami Page 240 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Seeburger: Technology. Chair Sarnoff Technology. Mr. Seeburger: Yeah. Chair Sarnoff Andl remember the DDA picked something DMU or equivalent technology. Would you accept that as an amendment? Commissioner Dunn: Yes. If Mr. Katz would be allowed to come forward, Mr. Chairman, he could bring some -- Chair Sarnoff Mr. Katz, you're recognized. Commissioner Dunn: -- clarification to the -- Eric Katz: Thank you. My name is Rick Katz, with offices at 4141 Northeast 2ndAvenue, in the City ofMiami. The resolution that I'm looking at now, it covers the technology that was adopted by the two other MPOs to the north. You could conceivably take it further to add the DMU technologies specific, but the regional rail covers the same technology. Chair Sarnoff Does regional rail cover DMU as well as the other train? Mr. Katz: Yes. Mr. Seeburger: Yes. Chair Sarnoff Okay. 'Cause I'm a little lost. Andl don't mean to absorb anyone's time, but at the DDA you were very particular that you wanted DMU, that recall. Mr. Katz: Well, I think, in light of what the other MPOs have adopted, this is a broader term. We'll get there. It's -- we're -- when we go before a government, we're not supposed to lead; we're supposed to advise. There's a fine line. So we can't say we have to have a particular technology at this point. But regional rail would accomplish what I think all the other government bodies are saying they want to do. It includes DMU. Chair Sarnoff I understand, but I'm not sure I would support the push-pull concept. Mr. Katz: I don't think there's a problem if you go specific. Mr. Seeburger: What regional -- ifyou just sped regional rail, what that will help us to do is go into the next phase and study the worst alternative, the one that would have -- and what I mean by worst, have the most effects, and then know what to do to mitigate that. Chair Sarnoff And any -- Mr. Seeburger: And then -- but then the technology choices really not going to be -- Chair Sarnoff You're saying your -- Mr. Seeburger: -- ironclad until we get to -- Chair Sarnoff Your point being you don't have to make that choice right now. City ofMiami Page 241 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Seeburger: Correct. Chair Sarnoff I understand what you're saying. What about quiet running, does that need to be made now? Mr. Seeburger: Nailed down? Chair Sarnoff Yeah. Mr. Seeburger: I'm sorry? Chair Sarnoff Is it useful, is it useless to put in the -- in Commissioner Dunn's resolution quiet running, 'cause that's something that's important in my neighborhoods. Mr. Seeburger: You -- let me ask. Would you like something in the way of like quiet zones? Chair Sarnoff Yes. Mr. Seeburger: Would that cover that for you? Chair Sarnoff Yes. Mr. Seeburger: Then I think an addenda -- amendment that would add mitigating with quiet zones would be appropriate. Chair Sarnoff Commissioner, would you accept that as an amendment? Commissioner Dunn: Absolutely. Chair Sarnoff Okay. All right, Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. Andl thinkl was the seconder on that motion, if I'm not mistaken, so -- I'm not? I wasn't? Priscilla A. Thompson (City Clerk): You've not had a mover and a seconder yet. Chair Sarnoff Right. I don't think we've had a motion or a second. Commissioner Gort: Yes. Ms. Thompson: It was just -- right. Chair Sarnoff You know, for purposes of discussion, let's at least make -- you -- Commissioner Dunn: So move. Chair Sarnoff -- Commissioner Dunn has a motion. Commissioner Suarez: Second. Chair Sarnoff Commissioner Suarez -- Commissioner Suarez: For discussion. Chair Sarnoff -- has a second. City ofMiami Page 242 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Suarez: Thank you. Chair Sarnoff And would you accept quiet zones as an amendment, the maker? Commissioner Dunn: Yes, Mr. Chair. Chair Sarnoff Does the seconder accept? Commissioner Suarez: Yes. Chair Sarnoff All right. Go ahead, you're recognized. Commissioner Suarez: I think one thing that's important, particularly for Commissioners when they receive information very quickly, is to understand -- for us, we need to know -- and the maker. I think it's important for him to put on the record that this does not have a fiscal impact to the City, first and foremost, so we can start from there. Have you reviewed the proposed resolution? Can you assert that this does not have a fiscal impact to the City? Mr. Seeburger: This resolution would not have one at this time. Commissioner Suarez: Yes. And I think from -- as the MPO member, what I look for from the body, from the rest of you -- 'cause I'm representing the rest of you, and by extension, your constituents -- is -- you know, this will come before the MPO board as a recommendation from the City ofMiami. So by voting on this, you guys are directing me, in essence, as the MPO member to fight for it -- Commissioner Gort: Yeah. Commissioner Suarez: -- at the MPO level, and l just wanted to make sure that, you know, we're under -- we're all on the same page, because that's what I'm going to go there, you know, with my dukes up ready to fight for your wishes. Chair Sarnoff All Right. The Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. I'd like to ask my colleague, Commissioner Suarez, since -- our representative in the MPO and having deal with a lot of more transportation issues, what's your opinion on this legislation? Commissioner Suarez: Well, I personally support it. That's why I seconded the motion. But I'm only one of five, and so I kind of get mixed in my dual role as being a District 4 Commissioner and someone who has always been a proponent of transportation. That's why I very much appreciated, when it was only the three of us here, that you nominated me to the MPO. I've enjoyed it tremendously. And ifI can have a point of -- kind of deviating from the subject, Brett, who's here -- we had a -- we just received a million dollars for the Miami River Walk, and maybe he, at some point, you can recognize him and he can mention that, but that's a proud accomplishment for the City ofMiami that we were able to get. So it's been wonderful for me. But to answer your question, I do support mass transportation of this kind andl do support other kinds of mass transportation that we can talk about at a later date. But I just want direction from you all as far as what -- if you guys are okay with me going up there and championing this cause. Commissioner Gort: Mr. Chairman. Chair Sarnoff Commissioner Gort. City ofMiami Page 243 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 NA.6 10-01270 Commissioner Gort: When you go up there and champion for this cause, what I'd like for you to do is make sure that they have a feeding system 'cause when we were planning Tri -- I mean, Metrorail here in Miami, all we discussed about people will use it if we have a feeding system to make sure we get people to the stations, so -- and right now we have a lot more people using public transportation. I was asked a question -- we had some people from Spain making presentations about public transportation andl was asked the question how can the European countries have a better public transportation than we do, and the problem is we never really use public transportation. I think now with the cost of fuel, insurance, and the economy, you're going to see people use a lot more of the public transportation. So I think it's very important that we establish a feeding system to make sure the people get to the stations. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: IfI may? And I'll yield to my colleague for his input on this. But believe that's what we see happening with the MIC (Miami Intermodal Center) in terms of having a feeder system at the airport, the Tri-Rail, the Metrorail, and other means of transportation to expedite the process of travel and time. Yes, sir. Commissioner Suarez: And -- thank you, Commissioner, and Mr. Chairman. Just for clarification, this is a north -south line. This is not an east -west line. But I sympathize with the Vice Chairman and myself 'cause our districts are west. So, you know, like I said, this is just one of a variety of different means of public transportation that I will be advocating for on behalf of the City; others being, you know, systems that go east -west. We've talked a lot about -- there's been a lot of debate about the trolleys and there's also been a lot of debate -- and particularly for me, there was a lot of concern about half -cent and what Metrorail lines we have or have not gotten, where that money has or hasn't gone, whether it should be repealed, extended, or what, and -- so those are issues that I think we need to talk about as a body so that, you know, you can give me direction on how you want me to go forward in the MPO and try to represent our cause. Chair Sarnoff All right. Anymore, gentlemen? All right, so we have a motion and we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Gort: By the way -- Chair Sarnoff Thank you. Commissioner Gort: -- since I have DOT (Department of Transportation) in here, let me take advantage of that. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO HAVE THE DIRECTOR OF THE CAPITAL IMPROVEMENTS DEPARTMENT PROVIDE INFORMATION ON THE PROPOSED CITY OF MIAMI TROLLEY SERVICE, AS STATED HEREIN, AT THE NOVEMBER 18, 2010 CITY COMMISSION MEETING. 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-10-0505 City ofMiami Page 244 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Gort: And you mention the trolley -- the trolley system that we're going to establish at the health districts. That's still going on, right? We're right on target on that. Chair Sarnofff. Is Jose here? Alice Bravo (Director): Hi. Good morning. Alice Bravo, Capital Improvements. Chair Sarnofff. As she walks up with great trepidation. Did you see that? Ms. Bravo: We're -- Chair Sarnofff. There's bad news coming. Commissioner Gort: That smile will get you. Chair Sarnofff. There's bad news coming. Commissioner Gort: That smile will get you. Ms. Bravo: At this point we're still awaiting the results from the consultant that we employed to look at all the routes that were being planned. We had the concern a couple of months ago that given our revenue streams, that we wanted to make sure that we embarked on a system where the routes that we selected would be viable indefinitely, so we had a consultant start evaluating the ridership for the routes to give us that kind of feedback of the operating cost, so we have yet to receive that information, but we hope to have those results in the next few weeks. Commissioner Gort: And the reason I'm ask 'cause I had meetings with the -- Commissioner Edmonsonfrom -- who's the County Commission [sic] in charge of the health facilities there, and that could be an economic impact for the District 1, which is so much needed, so okay. Thank you. Chair Sarnofff. Alice, can I just say something with regard to the trolleys? I mean, when I was the MPO (Metropolitan Planning Organization) member, I was able to bring back the, I guess, American Recovery Stimulus Act money for the trolleys. There's a certain sense of real frustration that that money was supposed to get implemented by a specified time. For one reason or another, it is, from my spectator perspective, languishing. There's always a reason. Every city in America is now buying trolleys and they're not available, or we've refined our thoughts, or but it doesn't seem to move quick. And I'm going to tell you that we always knew from the previous Commission that the health district was going to be first, but District 2 was supposed to be like number 2 because the density is there to move these trolleys, you know, the PAC (Performing Arts Center) and all this other good stuff and it doesn't feel like it's moving anywhere and, yet, the routes were chosen months ago, the -- my recollection was it was going to be a January delivery date. I never believed that. I bet I'll be right. I don't know how to -- I don't want to publicly scold you 'cause I know you weren't involved in the beginning, but how do we move this along? Ms. Bravo: The key is to get these results because we wouldn't want to embark on four or five routes and then find that two or three years later, we have to discontinue one of them because we can't afford it. So we want to make sure that we move forward with a well thought out plan, and we'll have those results in a few weeks and we'll be able to brief everyone. Chair Sarnofff. Almost every Commissioner has a route in their district. Is that -- is it just the health district will be done in a few weeks and then --? Ms. Bravo: The -- our entire evaluation. City ofMiami Page 245 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. Yes, sir. Vice Chair Carollo: Some Commissioners have a lot more than other Commissioners. It reminds me of the park situation. So I don't know who drew up the lines. I don't know how all that took place, but if you see the map, it speaks for itself. And with that said, yeah. One of the things that I've been trying to push -- and as a matter of fact, over a month ago, I've asked with regards to the funding, all the funding sources from that surtax, I just received it yesterday, so we'll get it -- I'm sure we're going to get more into the details with regards to that. But I think we also have a wonderful opportunity, and it's not necessarily Marlins Stadium, but we're going to have parking garages there with retail and I'd like to see how we can expand from the health district into our parking garage, which actually benefits all of us and that community because it's not necessarily -- I mean -- and when I say as far as having vision, it's really not vision of Marlin [sic] Stadium. I'm looking at, you know, our parking facilities, our retail and so forth and really revitalize that area, so -- Chair Sarnoff. Very much agree with you on Marlins Stadium. Commissioner Suarez. Commissioner Suarez: Mr. Chairman, I just want to say I very much agree with the Vice Chairman as well. And as the MPO member and the district Commissioner and someone who -- I think the first week thatAlice andl met, I brought up the issue of the trolleys, but have to tell you thatAlice and Johnny have been on top of it in the sense that as an MPO member, I've been diligent with them and -- just for the rest of the Commission, they've been -- I've been pressing them and they've been answering my questions, you know, in terms of -- I'm a big proponent of the trolley system, but there's two issues that I think need to be flushed out. One of them is coordinating with the County to make sure there's not duplication of services because obviously, the County runs bus routes and other kinds of public transportation systems concomitant with those routes, so we want to make sure that we have independent ridership. The second part, which is probably more important, is the feasibility, which is, you know, I think -- you know, part of the problem was before we arrived, this started off as one line, which I think was the health district, andl think that's another reason why the health district should go first. It was the first contemplated line. And what happened is, as is very common because we all have districts, you know, the district Commissioner said, well, I want a line andl want a line andl want a line, and the unfortunate consequence of that is that now when you look at the PTP (People's Transportation Plan) money that we get and you analyze the cost of those lines, there is -- there could be a gap or there could be a situation where in a couple of years, as Alice mentioned, we -- the money dries up. So I think there has to be -- and that's why they're studying exactly how we're going to make the system feasible, and that, I think, has caused -- you know, aside from the fact thatAlice has had to come in with a department that has to be straightened out and with projects that have had to be straightened out that have -- you know, with other things, andl think she's done a marvelous job of that, and we're seeing, at least in my district, a lot of construction, a lot of things, a lot of projects being finished, but it's hard. I don't even know, as a CIP (Capital Improvement Programs) director, why you necessarily have to answer on this issue, but maybe it's 'cause of your FDOT experience. Commissioner Gort: Mr. Chairman. Chair Sarnoff. You're spending way too much time in his office 'cause he's getting all the shovels. Commissioner Gort: Mr. Chairman. Chair Sarnoff. Commissioner Gort. City ofMiami Page 246 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Gort: My understanding when I first walked in, I was presented with a project. My understanding, DOT is paying for part of it, the -- for the health district. They're the one that dedicated. My understanding is we've been at it for six month [sic] now. We had -- we went out for bids. We won bids. And we had people ready and they were just waiting for the trolleys to come in to start, andl can understand extending andl can see the health district extending it to the stadium because a lot of the people at the district working there. I mean, I think we have over 30,000 employees in there. You might have a few of them that might want to go to the baseball game and they want to go there. But my understanding is we were ready to go. I mean, we were just waiting for delivery of the trolley. Now I understand there's going to be a change now. We're going to go out for another bid? Chair Sarnoff Yeah. Ms. Bravo: Well, the trolley contract that was procured before was a turnkey service -- Commissioner Gort: Right. Ms. Bravo: -- and that was procured way over a year ago. And additionally, I think we only received one responding bid for that procurement. Now it's a different world. There are more trolley services. Price of fuel has dropped. Considering the age of that proposal, we think it's a good decision to move forward with afresh procurement. Commissioner Gort: So you're going to rebid it again? Ms. Bravo: Yes. Commissioner Gort: How long is it going to take? Ms. Bravo: No more than a couple of months. Chair Sarnoff. See? Commissioner Suarez: Wait, wait, wait, wait. Mr. Chairman. Chair Sarnoff. Yes, sir. Commissioner Suarez: Wait a second. Let's be fair. Let's be fair here, okay. We're not getting the trolleys, as you mentioned before, in the next couple of months, so you know, in fairness to the decision of -- you know, let's -- I think we should be fair. Chair Sarnoff. I don't know about fair, but I think we need to get it done. Commissioner Gort: Got to put people to work. Chair Sarnoff Yeah. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Speaking about getting it done and seeing the time frames that everything takes, if you will, I'd like to ask Ms. Bravo, has there been any type of study done with regards to the feasibility of having a trolley system from the health district and maybe possibly from Brickell to the stadium, not necessarily on game days, mind you? I mean 365 days or so forth. Because City ofMiami Page 247 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 if -- I truly believe if we get the right restaurants there, if we get the right ambiance -- Chair Sarnoff. By the way -- Vice Chair Carollo: -- it's not necessarily about Marlins Stadium. Chair Sarnoff. -- there's a restaurant 2 Bs. I've been there twice. Have you been there yet? Vice Chair Carollo: No, I have not. Chair Sarnoff. Oh, you've got to meet Mr. Bond is his name; spiked hair, straight up. Great restaurant. If you had five of those on Southwest 8th Street, you would have a crowd. I mean -- Vice Chair Carollo: Well, I'm working on it. I'm working on it, Mr. Chairman. Commissioner Gort: You know -- Vice Chair Carollo: I'm working on it. And therefore -- Chair Sarnoff. I think I'm becoming a member of your district; I've been there so much. Commissioner Gort: -- part of the suggestions that brought up is since we're working very closely with the private sector, you can always have advertising on those trolley and that would help to pay the cost of them. Vice Chair Carollo: No. Definitely. And advertisement is something that we will be dealing with also on a separate issue, and we have some agreements, and there's still a lot more that we need to speak about. But, still, seeing the time frame, I want to see has there been any studies with regards to trolley system and so forth to that area, not to say Marlins Stadium, but yeah, to that area, 'cause I want -- I think it's time to move it along. And you know what, Chairman, you said something as far as, you know, ifI get two or three of those, you'll become part of my district. You know what, that's what we all need to strive for because in reality, it's not just about district. We're one city. Commissioner Dunn: Exactly. Vice Chair Carollo: And realistically, that's what we should have, where we all go to each other's districts and so forth and want to spend time in each other's districts and that's what -- I think that -- that's when I say vision, you know, for the future. That's what I think we should strive for. Chair Sarnoff. Agreed. Commissioner Dunn: Mr. Chairman. Vice Chair Carollo: And Ms. Bravo, as far as the study. Ms. Bravo: Yeah. That alignment was not on the map when we initiated the study that we're awaiting the results for, but certainly the turnkey contract we would enter into into the future would be flexible as to allowing for the creation of additional routes. Vice Chair Carollo: And what would need to be done in order for that to happen and we could get some type of study within to --? Again, I'm saying Marlins Stadium, but it's not necessarily because of the Marlins. It's because of that area that we're going to have retail and so forth. City ofMiami Page 248 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Ms. Bravo: We would have to add the modeling effort for that alignment to our study. Vice Chair Carollo: Is it possible to add it and how long will that take? Ms. Bravo: It's possible. I'd have to get feedback from our consultant as to how long it would take. Vice Chair Carollo: Okay. And not to push it too much, but at the same time, I'm seeing the time frames, how it's extends and extends, so that's why, you know -- is it possible to bring this back at the next Commission meeting? Ms. Bravo: I think so. Chair Sarnofff. Why don't you just ask her -- andl think if you need a resolution -- I don't think you do, but as a direction -- to include that in the study? Vice Chair Carollo: Now -- Chair Sarnofff. Andl think everybody's going to support you. Vice Chair Carollo: -- let me tell you something. That hasn't worked the way it's supposed to in the past, so I'm a little weary about how -- Chair Sarnofff. Then let's pass a resolution 'cause they don't ignore resolutions. Vice Chair Carollo: Sure. Chair Sarnofff. So is that a motion? Vice Chair Carollo: Yes -- Commissioner Suarez: Second. Vice Chair Carollo: -- a motion. Chair Sarnofff. We have a motion and we have -- Commissioner Suarez: For discussion. Chair Sarnofff. -- a second. Commissioner Suarez: Second. Chair Sarnofff. I want to go to Dunn first, then I'm going to come to you. Commissioner Suarez: Okay, sure. Chair Sarnofff. Go ahead. Commissioner Dunn: Yes. I wanted to -- thank you, Mr. Chairman -- ask -- 'cause a lot of excellent questions are coming up in terms of studies and that kind of thing, andl was curious -- andl know, early on, I was briefed about this issue in terms of the trolleys. Are there any similar cities that mirror Miami that could include some of the kind of discussions and adjustments that is being requested by this Commission that would give us best practices in terms of how we could possibly be most effective in setting up the routes and that kind of thing? I don't know what's the City ofMiami Page 249 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 most efficient trolley system in the -- I'm sure you probably know. But are there similar cities that we could look at that could include some of the issues that are being brought up, you know, in terms of transportation in strategic areas? And l just -- as a side note, when they start talking about restaurants, I'm getting a little hungry, so let's -- but go ahead. Are there any cities that we could look at who already have effective systems in place that we could possibly, you know Ms. Bravo: Yes. And it's that type of experience in our background that our consultant integrates into the recommendations that they're going to give us. Certainly, there are existing trolley services here in Dade County. For example, the City of Coral Gables has a trolley service that they run up and down Ponce De Leon Boulevard. I think that's been effective in reducing congestion, particularly at lunchtime; people, instead of using -- taking a vehicle at lunchtime to go a few blocks or half a mile, just hop on the trolley. And it also extends down to the US 1 Metrorail Station. So definitely, there are lessons to be learned as to what's an effective route, the type of area that benefits from having a route, et cetera. Commissioner Suarez: Mr. Chairman, ifI can --? Chair Sarnoff. Commissioner Suarez. Commissioner Suarez: Thank you. Just to be fair, I think we need to be fair to the staff as well because, you know, I agree with having more lines go through the -- I was going to say the Orange Bowl -- with the Marlins Stadium. And in my case, that -- you know, the line that I'm obviously advocating for is the Coral Way line. But we're asking staff in essence, to expand -- wait, wait, wait. Yes, we are. Chair Sarnoff. To study, to study. Commissioner Suarez: Right, but we're asking them to study an expansion -- Chair Sarnoff. Right. Commissioner Suarez: -- which means it's more costly, which means it's harder to bridge the gap. I just want to be fair to the staff because we're asking for many different things here. We're asking them to do it as fast as possible on the one hand, and then on the other hand we're asking for studying additional lines, additional routes, which going to create by -- logically, it's going to create more costs to the system itself, which makes it harder to create a feasibility issue. Plus, it's more time to study it. I just want to be fair to the staff that's all. That's the only reason why I'm saying it. I'm not trying to say anything other than we need to be fair to the staff. When they come back, we want to hear it on a periodic basis. But we do need to be fair to the staff on that. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: You're seeing firsthand why he's getting all the construction in his district. Chair Sarnoff I -- Ms. Bravo, I want to see your time sheets. I want to know how much time you've been spending in his office. All right, I think all -- you know, here's -- let me build on what the two of them have said, the Vice Chair and Commissioner Suarez. If we are one city, we have how many trolleys? Twenty, thirty we'll end up with? Fifteen, ten? I don't -- well, I don't know what the number is, but there's a number out there, definitive number. And why don't we look at it on a citywide basis as to certainly, absolutely during a Marlins game, you're going to want people to keep their cars in these high-rises downtown so that they can get to the game efficiently and that should be studied. But what about opening it up, not politicizing it, and City ofMiami Page 250 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 saying this is the movement of people, period? This is the -- people -- if they move down Coral Way and it's a huge number, that's a movement of people. If they go from Brickell, let's say, to a performing art center, to those type offacilities over there, the American Airlines Arena, that's a movement of people. And I don't think anybody's going to sit here and say the American Airlines Arena is like a district Commissioner's arena. It's the American Airlines Arena. It's where -- Unidentified Speaker: (UNINTET,TIGIBT,F). Chair Sarnoff -- we're all going to go. Right. So how 'bout [sic] a holistic approach? You take your definitive number, you take the highest priority places -- the health district is certainly a high priority 'cause you -- if you've been there, you know you have to leave your car in one spot and you want to be able to move around 'cause you don't want to move your car a lot. Very similarly, he's right though. A high-rise building, there's going to be a lot of people coming from downtown going to a Marlins game. That's partly why I had a great deal of difficulty with the Marlins Stadium because there wasn't that movement of people where they could leave their cars where it was -- where they should have been left. So I think what you're getting from the flavor of this Commission is let's look at how many we have and let's create the best -case scenario for us as a city. Ms. Bravo: Right. And certainly, we want to prioritize the service to where the ridership is going to be the highest. Chair Sarnoff Correct. Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Gort: I ran a trolley car route in Little Havana trying to bring people into the tourist area, the Calle Ocho and all that. And the good thing about this type of transportation, you have a lot of flexibility. At the same time, you like the -- you have to look at the hours of operations. I think the games that we're not having a conflict with the people, the -- with the Jacksons and the health district, the users or the people. Most of the users are early in the morning and the afternoons are very few users for the people in the health district, and that's part of the analysis that we have to do. Where can -- we can use it. And the routes can be very flexible. That's the good thing about the -- we're not a transportation -- like Miami -Dade County has certain commitment. They have to keep certain hours and certain -- we don't have to do that. We can be very flexible with ours. In other words, part of the study, when you look at it, it's the hours of use by the different locations. Chair Sarnoff All right. Gentlemen, any further --? Vice Chair Carollo: One last thing. Chair Sarnoff Absolutely, sir. Vice Chair Carollo: It's actually two because Madam City Clerk asked me to restate my motion. But the first thing is in fairness to the staff, in listening to the concern of my colleague, Ms. Bravo, do you all do the traffic study yourself? Ms. Bravo: No. We use a consultant. Vice Chair Carollo: So you use a consultant. So it's really not an additional burden on the staff. Ms. Bravo: No, but it's additional time that they have to incorporate a new route into the -- City ofMiami Page 251 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Chair Sarnoff. Wait. I think his question is -- let me refine it. Is there going to be an additional cost to us for this? And if -- Commissioner Gort: Sure. Vice Chair Carollo: Well, that's two-part. Chair Sarnoff. -- so -- Vice Chair Carollo: That -- no. That's actually two-part. I think Commissioner Suarez was saying as far as time and so forth. And if you're using a consultant, I don't think it's going to be too much of a time burden to you all, so I think it's doable. Ms. Bravo: Yeah. It's the end result that becomes more difficult to allocate the limited funding to an additional potential route, so -- Vice Chair Carollo: Right. But that -- Ms. Bravo: -- I think -- that's what I interpreted his comment to mean. Commissioner Suarez: Yeah. And what I was saying is that I think it's -- I think -- the minute the -- the staff is presenting -- trying to present us with a cohesive plan to get this done, and on the one hand we're kind of giving them a hard time 'cause they haven't done it fast enough. On the other hand, we're adding tasks which delay it. So we're doing two inconsistent things. That's the only point I was trying to make, and be -- and to be fair to them that if we on the one hand ask them to do it quickly and then on the other hand, we tell them to do more things, then -- Chair Sarnoff. It's a lot like a train that's still at the station and you're running to catch it. You don't care that it stays an extra half second for you to get on it, but we're all going to get on it this time. Vice Chair Carollo: Andl guess that's what I interpret as far as an additional task. This is not such a mundane task because you're having a consultant actually do the study. Ms. Bravo: And we'll ask them to do it as expeditiously as possible. Vice Chair Carollo: Thank you. And the second part that actually Chairman Sarnoff mentioned was as far as the cost. That is why, more than a month ago, I asked for all the fundings [sic] that we have been receiving, what expenses and so forth so I can see where the money is going, and that is something that I think we will address a little later on because, you know, there's only a limited amount of funding for all of this. I think we are still within the amount to do studies like this. However, if we keep allocating funding and allocating funding -- and we're not just allocating tens and twenty thousands. I'm seeing hundreds of thousands or potentially. I -- you know, I want to make sure that this Commission understands exactly where the monies are coming from, where are they going to, and so forth because, again, we need to have vision for the future. So with that said, as far as stating my motion, my motion then would be for you to come back to us as the CIP director on the November 18 meeting hopefully letting us know that it's -- you have chosen -- now, hold on. Does it has to go through a procurement process? No? Ms. Bravo: No. Vice Chair Carollo: -- that then you have chosen `X" company to do the traffic study from the Design -- I'm sorry, not the Design District -- the medical district and from Brickell or so forth and to Marlins Stadium. Got it? City ofMiami Page 252 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 NA.7 Commissioner Suarez: And I'll second that motion, and ifI can modify it a little bit with the Vice Chairman's permission, if he's okay with the modifications. I have -- and again, this goes to the cost issue. I would like to study as well it going -from the Coral Way line to the Marlin [sic] Stadium because people who are working in Coral Way, who are working in Ponce, who are working in other parts also want to have that kind of access, so to the extent that it can be extended that way as well. The second part is that -- go ahead. Vice Chair Carollo: IfI may? Commissioner Suarez: No. Of course. Vice Chair Carollo: Down 17th Avenue? Commissioner Suarez: Right. Vice Chair Carollo: Down 17th Avenue. Commissioner Suarez: Right. Vice Chair Carollo: And you know what, maybe from Brickell 8th Street, 17th Avenue into the Marlins Stadium and, you know, that could be a possibility. And I'm just throwing it out there as a suggestion. But like -- I completely agree with you, Commissioner Suarez. Commissioner Suarez: The second part is, if you can, in addition to -- and l think this goes more to Commissioner Gort's concern -- giving us an update on that process, if you can give us an update -- 'cause I think, by then, you should have feasibility information on the other aspects of it, so hopefully by then you can give us somewhat of an update on the feasibility and on timing issues related to the new procurement and when we'll get the trolleys so that there's kind of like an overview of where we're at, 'cause this is something that we got into from a whole nother discussion, so we'll put it on as its own matter. Ms. Bravo: Okay. Vice Chair Carollo: And as the mover, I truly agree, so yes. Chair Sarnoff All right, we have a motion by the Vice Chair, second by Commissioner Suarez. Ms. Thompson: And you're voting on it as a resolution. Vice Chair Carollo: Yes. Chair Sarnoff As a reso. Any further discussion, gentlemen? Commissioner Gort: Nope. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay, thank you. Vice Chair Carollo: Thank you, gentlemen. RESOLUTION City ofMiami Page 253 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 10-01245 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE BY THREE HUNDRED FORTY (340) FOOT LONG STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 1402 NORTHWEST 4TH STREET, MIAMI, FLORIDA (ALSO KNOWN AS THE ORANGE BOWL COMPLEX ), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 10-01245-Legislation. pdf 10-01245-Exhi bit. 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-10-0474 Chair Sarnoff Mr. Vice Chair, I think you have a pocket item that would be a good time to bring up. Carlos A. Migoya (City Manager): Mr. Chair, I have a pocket item related to the Marlins Stadium -- Chair Sarnoff Yes. Mr. Migoya: -- which is to grant an easement to Florida Power & Light to allow for the construction, operation, and maintenance of underground electric utility facilities for said site. And we need to -- it need to do from a time -constraint situation. If we wait until November 18, we're afraid, with the holidays and everything else, it may -- it might have a possibility of delaying the current projects that we have out there with the garages and so forth, so we would like to try to get this item considered -- Chair Sarnoff Would anybody -- Mr. Migoya: -- by you. Chair Sarnoff -- make a motion on behalf of the --? Vice Chair Carollo: So move. Commissioner Dunn: Second. Commissioner Gort: Second. Commissioner Suarez: Second. City ofMiami Page 254 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 NA.8 10-01255 Chair Sarnoft We have a motion by the Vice Chair, second by everyone. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 57/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "VEHICLES FOR HIRE/PEDICABS FOR HIRE," MORE PARTICULARLY BY CREATING A NEW SECTION 57-46, TO ESTABLISH A PROCESS FOR AMENDING REGULATIONS FOR PEDICABS ON THE PUBLIC STREETS AND SIDEWALKS IN THE CITY OF MIAMI DURING SPECIAL EVENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01255-Legislation. pdf 10-01255 SR Legislation. pdf SPONSOR: CHAIRMAN SARNOFF Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Dunn II Chair Sarnoff All right, we're back on the record. Gentlemen, what I'd like to do now is -- we're going to have a long day. I think we all know that. -- I'd like to do some pocket items. Mr. Manager, I have a pocket item, andl don't pretend to be the best author of this; I worked with the City Attorney's Office, and it's for pedicabs. And my point of it was to create pedicabs for Art Basel to allow the folks to go back and forth, whether the actual boundaries are going to be Midtown and Wynwood. And then the City Attorney proposed an ordinance that would have allowed every Commissioner to have an ordinance that they could then, by resolution, create pedicabs for any events that they determine would be in their best interest, andl don't pretend to know everyone's district to know exactly what they'd want. So the ordinance I'm proposing is a framework ordinance that allows us to, by resolution, create pedicabs. I think I've given it to all the Commissioners. I think they've had it for about at least four or five days. I don't pretend to be the greatest author of this andl don't pretend that this has everything we need, but it is a good framework to start with as a first reading. The intent of this is pretty simple, and that's just to allow the folks and -- for Art Basel to have the ability to use pedicabs. So what I'll do is I'll tender the gavel and I will ask -- I'll make a motion to approve the ordinance and see where the debate goes. Commissioner Suarez: Second. Commissioner Gort: There's a motion. Is there a second? Second? Commissioner Suarez: Second. Commissioner Gort: Any discussion? Chair Sarnoff No. Commissioner Gort: Okay. An ordinance, read it. Draft City ofMiami Page 255 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Veronica Xiques (Assistant City Attorney): It's a public hearing. Priscilla A. Thompson (City Clerk): Yes. Chair Sarnoff Oh, yeah. I'm sorry. Commissioner Gort: It's open to the public. Anyone would like to speak on this matter, on this ordinance? Being none, close the public hearing. Call the roll. The Ordinance was read by title into the public record by Assistant City Attorney Veronica Xiques. Priscilla A. Thompson (City Clerk): Your roll call on your first reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. Chair Sarnoff And Mr. Manager, would you see that this would come back to us at the next agenda? Carlos A. Migoya (City Manager): Happy to do so, sir. Thank you. Chair Sarnoff Thank you, sir. NA.9 DISCUSSION ITEM 10-01271 DISCUSSION BY CHAIR SARNOFF REGARDING THE USE OF LEGAL MEANS TO PHYSICALLY SECURE VACANT AND ABANDONED PROPERTIES, AND THAT THE CITY OF MIAMI EXPLORE THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANTS, AND OTHER FUNDING SOURCES, TO PAY FOR THE SECURING OF THOSE PROPERTIES, IRRESPECTIVE OF WHETHER THE PROPERTIES LIE WITHIN OR OUTSIDE OF AREAS DESIGNATED AS LOW INCOME. 10-01271-Suibmittal-District 2 Pocket Item. pdf DISCUSSED Chair Sarnoff The other issue I wanted to bring with a pocket item is -- I think is a gap andl think -- is Mr. Mensah around? If he could maybe step up. If you recall, gentlemen, we were talking about how we could take care of vacant and abandoned buildings in terms of destroying -- well, I guess the -- was removal of them. But what we don't have the funding for -- at least as I understand it -- we don't have funding for buildings that are not on the verge of falling down or on the verge of some sort of structural problem to secure them and there's no way of securing buildings. For instance -- I'm using the Vagabond Hotel, which is on -- about 70th Street, up on Biscayne Boulevard. It is a historic building that is left vacant. We have tried to contact the property owner andl have no way or ability of securing this building with the present funding source that we have. So I'm kind of throwing my hands up, Mr. Manager. I know you came up with a scheme or a mechanism for vacant and abandoned buildings in terms of taking down those that are not secure, but are structurally problems, but we don't have a way of securing, as far as I know, buildings that are now abandoned. George Mensah: George Mensah, director of Community Development. This is an issue that we struggle with for some time. I think a year ago, when this issue of abandoned properties came about, one of the first question that was asked to look at is how can this be paid with CDBG City ofMiami Page 256 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 (Community Development Block Grant) funding. And I know, Commissioner, you asked me the same question. We went and looked at the CDBG regulations to look at what is being done in other cities who are able to do, and the conclusion that we came up with is that whereas CDBG funds can be used for secure an abandoned property, it's usually in the form of a -- it's considered a public service activity, which means that it comes under the 15 percent cap. So what we need to do is look at -- and right now I know we don't have any money under that public service activity, so maybe in the next round when you are distributing funding, we can look at that and see if there is any way we can set up -- aside some of the public service dollars. If we're able to get a 25 percent increase, as we're trying to do, then that will help us get some room to be able to use some of those funding. So it all boils down to our priorities in terms of the use of those public service dollars. Chair Sarnoff. So, Mr. Manager, is that the only funding source, other than general fund, you think that can be found to securitize a building that's been abandoned? Carlos A. Migoya (City Manager): That I know at this point, unless we can research it and see if there's any alternative other fundings [sic]. Chair Sarnoff. Could we do that? Because what I'm hearing -from Mr. Mensah is probably something that won't occur until March or April of 2011. Commissioner Gort: Right. Chair Sarnoff. Twelve, excuse me. No, it's 2011. I apologize. And that's a long time to have unsecured buildings in the City ofMiami and -- I don't -- most of my neighborhoods don't qual for HUD (US. Department of Housing and Urban Development) funding, andl don't know that -- I don't believe that this one does, the Vagabond. I'm looking for -- I don't think this is a lot of money. I don't think this is an expensive issue. I think $100, 000 would go a very long way in the City ofMiami. I don't even know if you need that much money 'cause you're really talking about putting up plywood and two-by-fours and -- you know, I know there's manpower involved, and I'm not saying there's not, but I don't think this is a very expensive project. And ifI got the chief of Police up here -- and I'm not asking him to -- but bet he would tell me an unsecured building is a great place for people to live, stalk, or whatever you want to call it, and those people are probably not going to be the best people that you want on the street. Mr. Migoya: You're absolutely right, but I know for a fact there's a lot more buildings in the City ofMiami that we would have to do this than just the Vagabond Hotel, so -- Chair Sarnoff No. I know that, but -- correct me if I'm wrong, Mr. Mensah. If you're in a certain track zone, you could use CDBG money? Mr. Mensah: Not for -- Chair Sarnoff. No? Mr. Mensah: -- securing. Chair Sarnoff. Not for -- Mr. Mensah: No. Chair Sarnoff. -- securing a building? Mr. Mensah: No. City ofMiami Page 257 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 NA.10 10-01247 Department of Police Chair Sarnoff Okay. Then the Manager may have a point. Mr. Migoya: Yeah. We will look into this and we'll get back to you by the next meeting. Chair Sarnoff All right. Thank you, Mr. Manager. All right, gentlemen, I think that -- I know that Commissioner Dunn had a pocket item, but we'll bring that back. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "NIJ FY 2010 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS PROGRAM", AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE/OFFICE OF JUSTICE PROGRAMS, NATIONAL INSTITUTE OF JUSTICE, IN THE AMOUNT OF $150,050, FOR THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 10-01247-Legislation. pdf 10-01247 Exhibit.pdf 10-01247-Backup Documentation 1. pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0475 Chair Sarnoff All right. I think had promised a 3 o'clock time certain for -- Carlos A. Migoya (City Manager): Mr. Chair, we have one pocket item quickly -- Chair Sarnoff Oh, yes. I'm sorry. There was a police pocket item. Mr. Migoya: -- that we forgot. Chair Sarnoff I don't know ifI forgot. I don't know if it was brought to my attention, but okay. Mr. Migoya: Oh, sorry. Chair Sarnoff All right, you're recognized for the record, Commander Caceres. Mr. Migoya: I mean, we (UNINTELLIGIBLE). Chair Sarnoff Oh. Steven Caceres: Good afternoon, Mr. Chairman and Commission. This pocket item is a resolution establishing a new special revenue project entitled "2010 Paul Coverdell Forensic Science Improvement Grants Program," and this is from the Department of Justice, accepting $150, 050 in the Police Department. There is no matching funds. This is a straight grant, and City ofMiami Page 258 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 the grant will be used for forensic science to improve the collection of prints and processing prints. And $68,278 will be for overtime, $62, 907.47 for equipment, and 13, 640 for the administrative costs. Chair Sarnoff All right. Is there a motion to the pocket item? Commissioner Gort: Move. Vice Chair Carollo: So move. Chair Sarnoff Motion by Commissioner Gort, second by the Vice Chair. Discussion, gentlemen. Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Mr. Caceres: Thank you. NA.11 RESOLUTION 10-01240 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING SUSAN Clerk SPIEGELAS A MEMBER OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD. Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0501 Commissioner Dunn: Mr. Chairman. Chair Sarnoff You're recognized on BC.3. Commissioner Dunn: Well, no. I just wanted at some point to offer a -- ask for a pocket item related -- relative to the -- Chair Sarnoff As good a time as any. Commissioner Dunn: Okay. Chair Sarnoff You're recognized for the record. Commissioner Dunn: Regarding the Oversight Community -- Overtown Oversight -- Community Oversight Board, I wanted to make a motion to remove andl guess then a motion to appoint. Chair Sarnoff All right. So why don't you take them one at a time? Why don't you take the motion to remove? Commissioner Dunn: A motion to remove Susan Spiegel from the Overtown Community Oversight Board. Chair Sarnoff All right, there's a motion by Commissioner Dunn -- City ofMiami Page 259 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 (NA.11) 10-01240a Vice Chair Carollo: Second. Chair Sarnoff -- which has been seconded by the Vice Chair. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Lyle Grandison Commissioner Richard Dunn II Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0502 Chair Sarnoff All right, you're recognized again. Commissioner Dunn: Thank you, Mr. Chairman. A motion to appoint Lyle Graddison [sic] to the Oversight Community -- I'm sorry -- the Overtown Community Oversight Board. Chair Sarnoff All right, we have a motion by Commissioner Dunn -- Vice Chair Carollo: Second. Chair Sarnoff -- second by the Vice Chair. Any discussion. Hearing none, all in favor, say iiye. " The Commission (Collectively): Aye. Chair Sarnoff All right. Commissioner Dunn: Thank you. NA.12 RESOLUTION 10-01262 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner PLACEMENT OF A MARKER DESIGNATION, PURSUANT TO SECTION Richard Dunn II 54-136(1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN THE PUBLIC RIGHT-OF-WAY LOCATED AT APPROXIMATELY THE CORNER OF NORTHWEST 59TH STREET AND NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, TO COMMEMORATE REV. DOUGLAS COOK SR., PASTOR OF JORDAN GROVE MISSIONARY BAPTIST CHURCH; City ofMiami Page 260 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 SUBJECT TO ALL APPLICABLE PERMITTING REQUIREMENTS. 10-01262-Legislation. pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0488 Chair Sarnoff. Is that all the pockets 'cause I --? Is that all your pockets? Commissioner Dunn: No. As it relates to board appointments, but I have -- Chair Sarnoff. Do you have any other pocket items? Commissioner Dunn: I do. Chair Sarnoff. Why don't you bring it up now? Commissioner Dunn: Thank you. The last, but not least, is to request the street -- I'm sorry -- the Reverend Douglas CookRight-of-Way. That's from Northwest 59th Street and Northwest 12th Avenue. Previously we had come to have it named as a street, but we ran into some difficulty on the County side, so we wanted to have it done as the Reverend Douglas Cook Right -of -Way. Chair Sarnoff. And you're saying we had previously as a Commission done it as a street? Commissioner Dunn: Yes, and it was approved by the Board of City Commissioners. Chair Sarnoff Okay, so why don't you make a motion? Commissioner Dunn: Yes. A motion to ask -- to request that the Reverend Douglas Cook Right -of -Way on Northwest 59th Street and Northwest 12th Avenue. Chair Sarnoff. All right, there's a motion by Commissioner Dunn -- Vice Chair Carollo: Second. Chair Sarnoff. -- second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff. Any other pocket items? Priscilla A. Thompson (City Clerk): Excuse me. I just wanted to make and make clear with the City Attorney that that motion is actually a resolution because of the dealing with the street name and everything. Is that correct, a resolution? Chair Sarnoff. A resolution, Madam Clerk. Ms. Thompson: Thank you. Chair Sarnoff. All right. City ofMiami Page 261 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 NA.13 10-01288 DISCUSSION ITEM VICE CHAIR CAROLLO RECOGNIZED FORMER MIAMI DADE COUNTY COMMISSIONER MIGUEL DIAZ DE LA PORTILLAAND STATE REPRESENTATIVE ERIK FRESEN IN THE COMMISSION CHAMBERS. DISCUSSED Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Just one second. I do want to recognize two elected officials that are before us and -- if you will. Former County Commissioner Miguel Diaz de la Portilla, which I foresee will be -- Commissioner Gort: Senator. Vice Chair Carollo: -- our next State senator. Miguel Diaz De La Portilla: Hello. Thank you. Vice Chair Carollo: And -- Applause. Vice Chair Carollo: -- I also see State Representative Erik Fresen, so I would like to recognize him. Applause. Vice Chair Carollo: Thank you for that. Chair Sarnoff Thank you. NA.14 DISCUSSION ITEM 10-01289 DISCUSSION BY VICE CHAIR CAROLLO REGARDING THE STATUS OF SNACK PROGRAMS AT HENDERSON PARK AND JOSE MARTI PARK. DISCUSSED Direction by Chair Sarnoff to the Administration to have this issue placed on the next Commission agenda as a discussion item, and for the Director of the Parks Department to provide a status report on how the kids at Jose Marti Park are being fed, in addition to the issue of the TCO (Temporary Certificate of Occupancy) at Henderson Park. Direction by Vice Chair Carollo to the Administration for the Parks Department to provide a detailed report on the funding from the Children's Trust and City of Miami for snack programs at City Parks, and further detailing how those funds are being distributed and used, by the next Commission meeting. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. City ofMiami Page 262 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Vice Chair Carollo: Will you allow me a point of privilege? Chair Sarnoff Absolutely. Vice Chair Carollo: I want to ask our Parks director the status on the meals for Jose Marti Park and Henderson Park. Apparently, in the last meeting he came before us. And when I asked again, he said that it would be fixed or it would have whatever he needed to have those two parks or at least one park in District 3 have those meals, andl haven't heard since. So as a point of privilege, I'd like to see if our Parks director will come before us and see if he could give us a status on that. Chair Sarnoff All right. Mr. Acting City Attorney -- City Manager, would you see if Mr. Burkeen's back there? Unidentified Speaker: Haven't seen him. Vice Chair Carollo: Haven't seen him? Chair Sarnoff Is there anyone from Parks back -- Vice Chair Carollo: He's not (UNINTELLIGIBLE). Chair Sarnoff -- is there anyone from Parks back there? Is Juan Pascual there? Could you --? All right. Mr. Pascual, could you address Commissioner -- the Vice Chair? And his question is regarding Jose Marti and another park with regard to the status of the funding for the snack program. Juan Pascual: Yes, sir. Juan Pascual, deputy director, Parks and Recreation. Jose Marti Park has a snack program. It's offered through a grant that Amigos for Kids has through the Children's Trust, so they have their snack and the lunch program in the summer. Vice Chair Carollo: No. We're talking apples and oranges. I mean, we're talking apples and oranges. This Board approved 233, 000, more or less, on a new snack program, and that was exactly what the Parks director told me when I clamed that he had sent me the day prior an e-mail (electronic) or inter -office memo stating that no parks in District 3 had the snack program. He came before us in the last Commission meeting, and he said that the reason was I think you need a CO (Certificate of Occupancy). I'm not sure what was the acronym, but that you needed something, and that he would obtain that by the end of this -- by the end of the week. Mr. Pascual: Yes, sir. That -- Vice Chair Carollo: It's been two weeks since; I have not heard from him. And it's my understanding there is still no parks in District 3 with the snack program, so I don't want to commingle apples and oranges. Mr. Pascual: Okay. We're talking about Henderson Park, which is a new park that came online. I think that's the other park, Henderson. Vice Chair Carollo: And Jose Marti. Yes. Mr. Pascual: Okay. Henderson Park has a TCO (Temporary Certificate of Occupancy). We still do not have a CO. As soon as that is completed, then we can apply Henderson Park to part of the process. That's holding us from using those grant monies for the snack program at Henderson Park. At Jose Marti Park, for the after -school program that is currently ongoing, they do receive snacks through a grant of the Children's Trust that was given to Amigos for Kids. City ofMiami Page 263 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 So the kids that are in our after -school program and we partner with Amigos for Kids at Jose Marti, they are receiving snacks. Now, for next year, I think what was committed is that we're going to review everything and ensure that we evaluate who our partners are and do an evaluation of all our partnerships and, at the same time, add some additional facilities, if we can, in that evaluation process to the snack program. I believe, ifI recall, that's part of the conversation that we were having. Vice Chair Carollo: Well, I didn't bring out all my notes 'cause I expected, first of all, the Parks director to come before us; and second of all, for him to say, yes, I did what I promised to this Commission, and both parks are receiving the snack program. That is not occurring. And as a matter of fact, I clearly remember that there was two items we voted for. One included Amigos for Kids and some other organizations that I asked as far as evaluating and so forth and then there was another item for the snack program, so again, we are commingling apples and oranges. There was clearly $233, 000 -- and I'm going on memory, but I know it was at least two hundred and some thousand dollars that this Board approved for the snack program, separate from whatever Children's Trust was giving to these -- I think it was three organizations, four organizations. So again, I was under the impression that this was going to be done not next week, not today, but at the end of two weeks ago. So again, I am very disappointed. Andl guess everyone thought that I was going to forget and I am not forgetting. So I -- once again, I stay frustrated and wondering what do I have to do in order to get the snack programs to a District 3 park, not to mention that District 3 has the least amount of parks in the whole City ofMiami. Mr. Pascual: Commissioner, like I said, you know, we are committed to providing the snack program at Henderson. Unfortunately, we can't put the cart before the horse. If we don't have a CO, we cannot get the funds and we cannot add that particular facility 'cause it doesn't meet the qualifications and the requirements that are required from the grantee, so we need the CO first. As soon as we get that CO, we immediately move and add Henderson Park. But I can assure you that the 150-plus kids that are in our after -school program at Jose Marti Park, as we speak, they are receiving the snack program at Jose Marti Park. Vice Chair Carollo: Okay. And a question thatl asked before andl guess it wasn't answered to my likings, who determines which parks gets their CO first? 'Cause why do -- why is it that it seems like I never have a CO, not to mention that the Park [sic] director stood there right where you're at at the last meeting and said it was going to be done by the end of the week. In other words, two weeks ago, at the end of two weeks ago. So who determines which parks receives their CO first? Mr. Pascual: Well -- Vice Chair Carollo: Why am I always at the end? Mr. Pascual: -- the TCOs are issued when they're not -- it's my understanding the TCOs are issued when the facility is usable, but they're not life and safety issues pending on the contract completion of the facility. So until all the issues are completed at the facility and pass final inspections, at that point the final CO is issued. So for Henderson Park, we have a TCO so we're able to occupy it. We ran a summer program there this year, but there's still issues that were pending that delayed the CO process and that is based upon building permits and inspections in order to get that final. Chair Sarnoff All right. Would you do this? Would you have your director -- I know it's hard for you to have somebody that's in charge of you. Would you have the director come back to us? We're going to put a discussion item up first on the agenda at the next Commission meeting and it's going to give us the status report on how the kids are being fed at Jose Marti and what is the status of the TCO at Henderson. City ofMiami Page 264 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Commissioner Dunn: No, the CO. Chair Sarnoff. Well, it's got a TCO. Right. Commissioner Gort: Right. Chair Sarnoff. So what's the status of the CO? Fair enough. What's holding up the CO? And maybe he should bring somebody from the Building Department with him 'cause that's the person that issues -- Mr. Pascual: We'll give you an update on the status of having that snack program in place, yes, sir. Commissioner Gort: Now my understanding, Jose Marti Park does have the CO. Mr. Pascual: Yes, sir. Commissioner Gort: Okay. Commissioner Dunn: Mr. Chair. Chair Sarnoff. Yes. You're recognized. Commissioner Dunn: My question is is it possible, like when you did the summer program at Henderson Park -- 'cause I'm -- I hear my Vice Chairman, my colleague every meeting andl understand his frustration. Is it possible that they still can make some type of adjustment based on that temporary CO that the kids in that area could still get their meals? Is that possible? Mr. Pascual: The difference is that the summer program, lunch program, and snacks was through a grant through the State of Florida and the U.S. Department of Agriculture. The grant that we're talking about for the after -school snack program is part of an overall grant that comes in through Children's Trust and different other agencies, so they have their own separate requirements and prerequisites that the facilities have to meet in order to be able to give you the money to use at those facilities. Commissioner Dunn: And they will not offer it on a TCO? Mr. Pascual: That's the hang-up on that one right now. Yes, sir. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. You're recognized. Vice Chair Carollo: I'd like to add to the suggestion that you made. Andl appreciate, as my colleague, that you made that suggestion on my behalf. I'd like to add to it. I'd like to see the programs that you're talking about from the Children's Trust. I want an accountability. I want to see how much fundings [sic] has been provided to what organizations and what parks are going -- or is that funding going to. I also want to see from that Kids' program or that snack program, which is separate -- andl remember it was a separate item in this Commission, andl voted for it, for two hundred and -- again, I'm going on memory, but I believe it's 233, 000. I want to see that amount, what parks it's going. I want a complete accountability -- Mr. Pascual: Yes, sir. Vice Chair Carollo: -- at the next meeting. City ofMiami Page 265 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 Mr. Pascual: Yes, sir, we will have it for you. Vice Chair Carollo: Thank you. Chair Sarnoff Thank you. Mr. Pascual: Thank you. Chair Sarnoff Thank you for coming up, Juan. NA.15 DISCUSSION ITEM 10-01290 MIAMI CITY COMMISSIONERS AND MEMBERS OF THE AUDIENCE IN CHAMBERS SANG "HAPPY BIRTHDAY" TO THE CITY CLERK, PRISCILLA A. THOMPSON, CMC. DISCUSSED Chair Sarnoff I got to say. It's the next day and y'all are still here. And do you know what day this is? This is Priscilla's birthday. Everybody sing with me. Presentation made. Priscilla A. Thompson (City Clerk): Now this is one time I can tell you overtime was worth it. Thank you very much. Carlos A. Migoya (City Manager): And that was on the record. Chair Sarnoff That was pretty cool. Ms. Thompson: It was. It definitely was. Chair Sarnoff That was pretty cool. NA.16 DISCUSSION ITEM 10-01291 COMMISSIONER DUNN ISSUED A PUBLIC APOLOGY TO MS. THELMA GIBSON FOR NOT PERSONALLY INVITING HER TO THE GROUNDBREAKING CEREMONY AT GIBSON PARK. DISCUSSED Commissioner Dunn: I also want to take this opportunity on another note, ifI may, Mr. Chairman, to publicly apologize to Ms. Thelma Gibson. Last week we had the groundbreaking ceremony at Gibson Park andl -- oversight. I'll take full responsibility -- did not personally invite her and l feel awful about it. And so I want to personally go tell her that and publicly acknowledge that because certainly she is the widow of Father Theodore Gibson. I don't talk about it much, but somewhere in that bloodline we're related from a Luthera (phonetic), and so I do apologize to her publicly that I did not invite her and that hopefully we can recognize her at the ribbon -cutting ceremony. So I do want to say that I owe that to her because she has served this community and this city in such a noble manner and -- even as a Commissioner so -- just like Father Gibson, so I wanted to put that on the record as well. Vice Chair Carollo: Thank you, Commissioner Dunn. City ofMiami Page 266 Printed on 11/22/2010 City Commission Meeting Minutes October 28, 2010 A motion was made by Vice Chair Carollo, seconded by Commissioner Dunn, and was passed unanimously, with Commissioner Suarez absent, to adjourn today's meeting. Chair Sarnoff Motion to adjourn. Vice Chair Carollo: So move. Chair Sarnoff We have a motion by the Vice Chair, second by Commissioner Dunn. All in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 267 Printed on 11/22/2010