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HomeMy WebLinkAboutCC 2019-10-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, October 24, 2019 9:00 AM Planning and Zoning City Hall City Commission Francis Suarez, Mayor Ken Russell, Chair Wifredo (Willy) Gort, Vice Chair Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Keon Hardemon, Commissioner, District Five Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes October 24, 2019 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 24th day of October 2019, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Russell at 9:51 a.m., recessed at 12:08 p.m., reconvened at 2:21 p.m., recessed at 3:49 p.m., reconvened at 4:10 p.m., and adjourned at 10: 03 p.m. Note for the Record. Commissioner Reyes entered the Commission chambers at 9:52 a.m., Commissioner Carollo entered the Commission chambers at 10:10 a.m., and Commissioner Hardemon entered the Commission chambers at 10:11 a.m. ALSO PRESENT. Joseph Napoli, Deputy City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Russell: Welcome to the October 24, 2019 meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Joe Carollo, Manolo Reyes, Keon Hardemon; Wifredo "Willy" Gort, the Tice Chair; and me, Ken Russell, your Chairman. Also on the dais are Emilio Gonzalez, the City Manager; b ictoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will he opened with a prayer by Commissioner Gort, and the pledge of allegiance. Please stand. (Invocation and pledge of allegiance delivered) Chair Russell: Thankyou. You may he seated. PART A - NON -PLANNING AND ZONING ITEM(S) City of Miami Page I Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 6645 Honoree Presenter Protocol Item Commissioner Wifredo "Willy" Gort Mayor Video & Proclamation Kianna Gherardi Mayor Commendation Gabriela Akel Mayor Commendation Annabelle Ambroghi Mayor Commendation Daniela Olvera Mayor Commendation Maria F Pelayo Mayor Commendation Dylan Vento Mayor Commendation Isabela de la Grana Mayor Commendation URGENT, Inc. Mayor & Commissioner Hardemon Certificate of Appreciation FF Tovakesha N Barnard Mayor Peer Recognition Award (Plaque) FF Bruno Fernandini Mayor Peer Recognition Award (Plaque) FF Orlando Rodriguez Mayor Peer Recognition Award (Plaque) Lt. Rudolph Augustave Mayor Peer Recognition Award (Plaque) City (?/'Hiami Page 2 Pi-inted on I 10 2020 City Commission Meeting Minutes October 24, 2019 Lt. Gerardo Rodriguez Mayor Peer Recognition Award (Plaque) FF. Joey Santana Mayor Peer Recognition Award (Plaque) FF. Curtis Galvin Mayor Peer Recognition Award (Plaque) Lt. Ruben Behar Mayor Peer Recognition Award (Plaque) Lt. Shelly C. Santerre Mayor Peer Recognition Award (Plaque) Lt. Walter E. Meynard Mayor Peer Recognition Award (Plaque) Lt. Irving Bereao Mayor Peer Recognition Award (Plaque) Lt. Wilfredo A. Ocampo Mayor Peer Recognition Award (Plaque) Employee Service Milestone Mayor & Human Resources Pins RESULT: PRESENTED 1) Mayor Suarez and Commissioners honored and presented a Proclamation to Commissioner Wifi-edo "Willy" Gort. Commissioner Gort was elected as a City of Miami Commissioner on November 9, 2013 for District 1. In 1996, he was selected to serve as Tice Mayor, a position he held for three months after the death of Mayor Stephen P. Clarke. Commissioner Gort quickly developed a reputation as a fierce community advocate as evidenced by his extensive community service and volunteer work with several organizations including not -for -profit agencies offering social services to the elderly, the young, and the small business community. He also took an City of Miami Page 3 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 active leadership role in these capacities including: Miami -Dade County League of Cities (Former President), Little Havana Development Authority (Former President and Founding Member), Miami Exhibition and Sports Authority (Former Treasurer and Founding Member), Downtown Miami Business Association (Former President and Executive Director), Youth Co -Op (Former President and Founding Member, Christian Community Service Agency (Board Member), East Little Havana Development Corp. (Board Member), Alliance for Aging (Founding Board Member), United Way (Former Board Member), Greater Miami Chamber of Commerce (Board of Governors), Miami Book Fair (Former Board Member & Founding Member), and Kiwanis Club of Little Havana (Founding Board Member). Commissioner Gort initiated much of his community involvement in the Latin Chamber of Commerce (CAMACOL) as a Board Member and Founding Member. Using this platform, he has become a pioneer in the international business sector and for over 35 years, fostering close economic, social, and cultural ties with our global partners. Commissioner Gort, as President and Founding Member of the Little Havana Nutrition and Activities Center (LHNAC), led the way to provide a wide range of social services to socially isolated and economically disadvantaged seniors in the South Florida area. In 1994-1995, Commissioner Gort worked closely and diligently with City directors and in collaboration with the unions to reduce the City budget by over $20 million. As Commissioner, he also worked to enhance the City 's Neighborhood Enhancement Team (NET), as a valuable resource for residents throughout the City. The Elected Leadership paused in their deliberations of governance to pay tribute and celebrate the many accomplishments and commend his years of service to the City, thereby, proclaimed Thursday, October 24, 2019 as "Commissioner Wifredo `Willy' GortDay" in the City ofMiami. 2) Mayor Suarez and Commissioners presented Certificates of Appreciation to the seven (7) winners of the 2019 Latino Art Beat Competition winners and paid tribute to their extraordinary artistic talents and eminent contributions to the elevation of creative expression in South Florida; further pausing in their official deliberations in order to honor their participation in this challenging undertaking that celebrates youth and art. 3) Mayor Suarez and Commissioner Hardemon presented a Certificate of Appreciation to URGENT, Inc. in recognition of their 25th anniversary. URGENT, Inc. was founded by a group of concerned residents who wanted to see change in Miami's urban core. The organization serves to empower young minds creating the next generation of social change agents. Encompassing the principals of innovation, growth, and transformation, URGENT, Inc. has cultivated several programs that highlight the arts, youth development, and community engagement. The Elected Leadership of the City of Miami paused in their deliberations of governance to honor URGENT, Inc. for their 25 years of service and thanking them for elevating the quality of life for the residents of the City ofMiami. 4) Mayor Suarez and Commissioners recognized and presented the Advanced Life Support (ALS) Peer Recognition Award to City of Miami Fire Department employees. The recipients of the award are members of the Advanced Life Support Rescue Division, whose recognition is based on their colleagues' nomination. The City ofMiami ALS employees have made a positive difference at their stations, while on emergency calls and within the Fire Department. The Elected Leadership of the City of Miami paused in their deliberations of governance to honor, commend and thank the first responders. 5) Mayor Suarez and Commissioners recognized various City of Miami Employees for their 25 years and 30 years of services presenting them with Service Milestone Pins and commending them for their dedication and commitment to the City ofMiami. City ofMiami Page 4 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: We'll now complete the presentations and proclamations. (Presentations and proclamations made) AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Planning and Zoning - Jul 25, 2019 9:00 AM ORDER OF THE DAY MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: Can I get an approval of the meeting minutes from Planning and Zoning, July 25, please? Commissioner Carollo: Motion. Chair Russell: Motion by Commissioner Carollo; seconded by the Chair. Any questions or comments on the minutes? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on AM.]. Chair Russell: All right. All of the pomp and circumstance out of the way, we are ready to begin our meeting. Madam City Attorney, when you are ready, please read the rules of the day. Victoria Mendez (City Attorney): Thank you very much, Chairman. Any person who is a lobbyist, pursuant to Chapter 2, Article 6 of the City Code, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office, or online at wwwmunicode.com [sic]. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code in writing. A copy of this Code section is available at the Office of the City Clerk, or online at wwwmunicode.com [sic]. Pursuant to Section 4(g)(5) of the City Charter, the Mayor may veto any items proposed by the City Commission within 10 days. The material for this item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public City of Miami Page 5 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 when the public may have the opportunity to address the City Commission during the public comment period, or at any other designated time. When addressing the City Commission, the member of the public must state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications, or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance or auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at ]Op. in., or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have been briefed generally by City staff and the City Attorney on agenda items today. At this time, the Administration will announce if any items are being either withdrawn, deferred, or substituted. Thank you. Chair Russell: Good morning, Mr. Napoli. Joseph Napoli (Deputy City Manager): Good morning, Mr. Chairman, Mr. ice - Chairman, Commissioners, Madam City Attorney, and Mr. City Clerk. At this time the Administration would like to defer and/or withdraw the following items: To be deferred to 11/21, CA.7. Commissioner Carollo: Which one? Chair Russell: CA.7. Mr. Napoli: CA.7 to -- Commissioner Carollo: What is that item, please, for the record? Mr. Napoli: It's the settlement for Ruben A. Sebastian. Commissioner Carollo: Settlement? Mr. Napoli: SettlementforMr. RubenA. Sebastian. Commissioner Carollo: How much is that, the amount that was in question? Lice Chair Gort: They don't have it. Commissioner Carollo: What was the amount in question? Mr. Napoli: Just one minute, Commissioner. I'm going to give it to you. Ms. Mendez: 65,000. Commissioner Carollo: Okay. Excuse me for a second, Deputy Manager. Where is the Manager at; the Manager? Is he here or --? City of Miami Page 6 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Napoli: He's in Tallahassee. He'll be returning later on today to join the meeting. Commissioner Carollo: What is going on in Tallahassee? Mr. Napoli: He's meeting with several of the members. This is their -- the Commission -- the committee meetings are this month, and he had several meetings that they could only schedule for this week, to include his meeting with the Speaker of the House this morning, and then he'll be returning. Commissioner Carollo: And he's the only person that we have that handles that? 1 thought we had lobbyists that handle that. Has he become a lobbyist now, or is he the Manager? Mr. Napoli: He's the City Manager. Commissioner Carollo: Well, I'm just surprised that on the day of a Commission meeting, where there's so many items that are very important, and some of them he's going to be asked -- and he knew -- questions directly about them that he is conveniently in Tallahassee. And this is not the first time this has happened. So, you know, just -- I'm putting it on the record -- in fact, maybe -- if not today, very shortly -- I will put a resolution that the Manager cannot travel until he gets permission from this Commission, because it's a constant matter. If we have lobbyists, if we have others, they're the ones that take care of that for us, and if we don't need all the lobbyists that we have, and other people, because the Manager thinks he could do it all, then we should save all that money and not have all the people that are lobbying for us in Tallahassee. I've never seen the likes of this, especially this early on, that he has to be there, but so be it. I won't hold up the meeting anymore. Chair Russell: Thank you, Commissioner. The point is well taken. We do have a lot to do. Please continue, Mr. Napoli. Mr. Napoli: Yes, Mr. Chairman. To be indefinitely deferred, RE.10. Commissioner Carollo: Can you state for the record on each one what it entitles so that -- Mr. Napoli: Yes. Commissioner Carollo: -- people that are here or at home would know what we've taken out of the agenda? Mr. Napoli: I will, Commissioner. To be indefinitely deferred, RE.10, direction on the improper occupancy or use of City property. To be deferred to 11/21, DI.1, discussion on Olympia Theater. To be withdrawn, D1.3, a discussion on -- to validate Miami Forever Bond, Tranche 1. Chair Russell: Is that all, Mr. Napoli? Mr. Napoli: That's it, Mr. Chairman. Chair Russell: Thank you very much. Are there any items that the Commission would like to see withdrawn, deferred, or continued? Commissioner Reyes: Yes, sir. I have a couple of items that I -- yesterday, I spoke with Francisco about it; one is PZ.21 and PZ.25. City of Miami Page 7 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: So we can't take action on those items right now, but I will make note of it for the public -- Commissioner Reyes: That's right. Commissioner Carollo: PZ (Planning and Zoning) -- Chair Russell: PZ -- Commissioner Reyes: 21 and 25. Chair Russell: PZ.1 or PZ.21 ? Commissioner Reyes: 21; 21 and 25. Chair Russell: All right. Commissioner Carollo: What is 21 and 25, Commissioner, for the record? Commissioner Reyes: Yes, sir. Commissioner Carollo: Thank you. Commissioner Reyes: PZ.21 -- Chair Russell: PZ. 21 is inclusionary zoning -- Commissioner Reyes: -- inclusionary zoning -- Chair Russell: --in the Omni area -- Commissioner Reyes: That's right. Chair Russell: -- of District 2. And PZ. 21 is Parks and Recreation -- Commissioner Reyes: Yes; and open -space elements. Chair Russell: -- and open -space elements. So we cannot vote on these items at this time, but we'll take -- Commissioner Carollo: 2. Chair Russell: -- it up at 2 p. in., but your position is noted. Commissioner Reyes: Thankyou, sir. Chair Russell: You're welcome. Other items for deferral or withdrawal, or continuance from the Commission? Seeing none, is there a motion on the morning's agenda order of the day? Commissioner Reyes: Move. Chair Russell: Moved by Commissioner Reyes; seconded by the Chair. And Mr. Clerk, if you could just read them backfor me, please. Todd B. Hannon (City Clerk): Yes, sir. To defer to November 21, CA.7; indefinitely defer, RE.10; defer to November 21, DI. 1; withdraw DI.3. City of Miami Page 8 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: All right. Is there anyone from the public who has any comment on the timeliness; the deferral, continuance, or withdrawal, any of those items? Seeing none, I'll close public comment. Arty further comment from the dais? All in favor of the motion, say "aye " The Commission (Collectively): Aye. Chair Russell: Good morning. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much, and that is the order of the day. Later... Chair Russell: So let me tell the public, please, for those of you who come here, thank you very much for your advocacy and interest in City Hall today and the business before us. We are now dealing with the morning's agenda; that is everything that is not a PZ item, a Planning and Zoning item. All of those items will start at 2 p.m. So everything within the CA (consent agenda) agenda, the PH (public hearing) agenda, the RE (resolution), the SR (second reading) and the FR (first reading), the BU (budget) and the DI (discussion) agenda, that is the morning's agenda that we're dealing with prior to noon, if we're lucky. So we're going to move very swiftly. This is our largest agenda of the year. We have 60 items, and we have a couple of time certain that I'll tell you about now. If you are here with regard to the soccer item, we'll be opening up discussion on all three soccer -related items at 6 p.m. If you are here this morning or at 2 p.m., and you're only able to be here at this time to speak on it, we will allow it. But really, the time, if you'd like to be heard before this body for those items will be 6 p.m. to give the public full access to be here after work, and those stakeholders who are interested. Commissioner Carollo: (UNINTELLIGIBLE). Chair Russell: For soccer; all three soccer items. So it would be -- Commissioner Reyes: Everything. Chair Russell: -- PHA RE.20, and DI.4; those are at 6 p.m. It's been posted outside, as well. Also, we have a couple of other time certain items within the PZ agenda at 2 p.m.; one is RE.5, which would otherwise be on the morning's agenda for the Ferris wheel. That's going to be at 2 p.m., along with its companion item, which is PZ.13. And then we also have PZ.19 at 2: 30, which is a school item in the PZ agenda; and then PZ.5, which is another school item in the PZ agenda. I did get notice informally that one of those might be withdrawn. Do we have confirmation of that so that we can just allow the public to know? PZ.19 will be withdrawn? Joseph Napoli (Deputy City Manager): The Brito School, yes, it will be. Chair Russell: Okay. So that we can only do formally at 2 p.m., but to let the public know, if you have interest in the issue with regard to the Brito School, that item will be withdrawn, so we will not be dealing with that today, nor in public comment. Commissioner Carollo: Hold on, Chairman. City of Miami Page 9 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Yes, sir. Commissioner Carollo: Isn't this the item that was up at the meeting that was ended -- Chair Russell: The late -night meeting, yeah. Commissioner Carollo: -- that supposedly, Joey Flechas wrote that people were crying, little children were here late at night, because they needed that item done right then and there? And here it is, and I'm not seeing women crying; I'm not seeing anything else. All that I'm hearing is that it's being withdrawn now. Chair Russell: Apparently, some settlement has happened amongst them, and so Commissioner Reyes: There was a zone -- settlement among the people that were objecting that they -- Chair Russell: So they already knew not to be here. Commissioner Reyes: -- and school. They settling on the amount of police officers that they're going to add, how they're going to take care of the school and all of that. Commissioner Carollo: But we still have to vote on that, right? Commissioner Reyes: No. I mean, according to the City Attorney, they don't. Victoria Mendez (City Attorney): No. It was an appeal, and they settled, so they withdrew the appeal, and you don't have to hear it anymore. Commissioner Carollo: Okay. See? That was settled through (UNINTELLIGIBLE). Commissioner Reyes: Absolutely. You could have solved that that day at 10 o'clock, you know. Chair Russell: Commissioner Carollo saved us hours. Commissioner Reyes: Probably was settled because of you. Chair Russell: Thank you very much, Commissioner Carollo. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Russell: So that's basically the order of the day. So what we're going to do first is we're going to open up public comment for all the morning's items; anything on this morning's agenda that you'd like to address. We have a very full agenda, so I'm going to ask that the public respect the brevity necessary. Everyone's going to have two minutes to speak. And I'm also going to ask that our dais really work together toward being efficient today. I know we have a lot of comments and opinions, but if we can keep our comments brief, and bring everything through the Chair, we can do it in an orderly way to really knock this day out and get a lot of the City's business done. So without any further ado, I'm going to open up public comment for any of the morning's items; none of the time certain items for the afternoon. So if you'd like to speak on any of this morning's items, please come up City of Miami Page 10 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 to either of the two lecterns; form two lines. I will -- you'll each have two minutes to speak. We only need to hear your name and the item you'd like to speak on. You do not need to give your address, and you have two minutes. You'll hear a brief beep. That means you've got about 30 seconds left, and that's about the time to start wrapping it up. And we will be a little bit strict with the time so that we can get through all 60 items we have today and our time limitations in the evening. So please -- I know there's more people that would like to speak, so it'll go quicker if you do line up, and I really appreciate all of you coming in and taking your time today. Good morning, Ms. t iciedo. Marta t iciedo: Is this on? Chair Russell: Yeah, you're on. Ms. b iciedo: Good morning. Marta T iciedo, 169 East Flagler Street. I'm here to talk about Transit Alliance. I am -- the resolution is being passed around for your consideration. We are asking that a pocket item be placed on your agenda -- and I understand that it is a very full agenda, so this would be very quick -- to ask either the Mayor to work with us for the City to come to the direction with the Better Bus Project. The Better Bus Project was a project that we presented before you two weeks ago; or that the City aligns with the County's existing position that is going before the County Transportation Committee today at 2: 30 p. in. If the City does not take a step today, they will not have a voice as to what the direction of the project will be moving forward. The County is meeting -- the full Commission will meet on November 19. Your next Commission meeting is not until November 21. And I hate the idea as a City of Miami resident, as a business owner, as a -- somebody that's founded several organizations here for the City not to have a voice in this process. Thank you. Chair Russell: Thank you. Is there a sponsor for this pocket item? Lice Chair Gort: I'll sponsor it. Chair Russell: Thank you. I'll be glad to co-sponsor with you, and we'll take it up as soon as the public comment is done. I think it'll be a rather quick one. Next speaker, please. Nancy Benouacch: Okay. Good morning. My name is Nancy Benouacch. I'm President of Bay Heights Homeowners Association, and my address is 243 Shore Drive East. The reason I'm here is due to the overpopulation of peacocks that we have. Chair Russell: Item FR.5. Ms. Benouacch: FR.5. Chair Russell: Thank you. Ms. Benouacch: Yes. Thank you. So the reason I'm here is because of the overpopulation. We're not saying that we want to do away with all of them, but the population has to be reduced. I've been in my home for 34 years, and only in the last three to four years, I've been fighting. I've been President. I've been fighting for the -- to reduce the population. We have gangs. You talk -- when you say Miami has gangs, we have gangs of peacocks; 17 at a time going down the street. They're picking at the flowers. They're on cars. I have pictures of them sitting on cars. And you've seen the commercial on TF (television) where the emu picks at the insurance? Well., they do that to cars on the paint jobs. So people are just like -- City of Miami Page 11 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 and they're on the roofs. You know, we have Dairy Queen chocolate down the sidewalk, shall we say. So, please, we need your help. We need the City. We need to do this in an organized way so that periodically, we can go in -- and I spoke with the gentleman outside that is doing a population study of the peacocks and found that North Grove is -- has really the highest population of all. I know they're all over South Miami, Coral Gables. Coral Gables is doing something about it. We need your help. Chair Russell: Thankyou. Ms. Benouacch: Thankyou. Chair Russell: Thankyou, Nancy. Good morning, Mr. Fried. Jim Fried: Good morning, sir. Commissioner Hardemon: Before he speaks -- Mr. Fried: Mr. Chairman -- Chair Russell: Just a moment. Commissioner Hardemon: Ma'am -- Chair Russell: Commissioner Hardemon. Commissioner Hardemon: --in the City of Miami, you have a choice. You choose between chickens and peacocks. Ms. Benouacch: Well, the chickens, you can eat. I don't know about the peacocks. (UNINTELLIGIBLE COMMENTSMADE.) Commissioner Carollo: Whoa, whoa, whoa. Commissioner Hardemon: And you never tried to eat peacock. Commissioner Carollo: (UNINTELLIGIBLE) Commissioner Reyes: Let me tell you, you can eat those peacocks, too. They taste good. Commissioner Carollo: Yeah. i ictoria Mendez (City Attorney): Not in Miami. Commissioner Reyes: They're so good. Ms. Mendez: Not in Miami. We cannot eat either of them. Chair Russell: The City Attorney has spoken. Commissioner Carollo: Mr. -- Commissioner Hardemon, there is a big difference. Peacocks, like the cows in India, are sacred; you can't touch it; roosters are not, and just when I was thinking about giving roosters the same protection. Chair Russell: Thankyou. Good morning, Mr. Fried. City of Miami Page 12 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Mr. Fried: Good morning, Mr. Chairman. I can't attend at 6 o'clock, so I would like to speak on Melreese. Miami ranks last in park space per capita. Miami needs more grass and trees, not less. I oppose demolishing Melreese Park. I believe County officials and airport officials are very concerned. Please protect Melreese Park. Please do not destroy arty park. Thankyou very much. Chair Russell: Thankyou, Mr. Fried. Good morning. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. I want to just congratulate Commissioner Gort for the 26 years of community work. We're going to miss you, and we're going to see how changed our Commission is going to be when you're not going to be there. Sometimes the balance of the experience is always needed. I just want to thank the Mayor and the City Manager's Office for the help that they provide us for the event that we have this past Saturday in Curtis Park, and I want to make sure that -- I want to thank Mario Nunez, John Moy, and all the employees that were there to help. It was over 500 persons who participated. We have a great soccer game, which the Honduran team won Miami (UNINTELLIGIBLE) 4-1, but that's okay. We can let them go. Just want to make sure that we thank all of them, because sometimes we don't understand how hard it is to get a special permit in the City of Miami. And I want all of you to understand this: If the City of Miami doesn't put the special permit in order -- that's why people don't come and do any events in the City ofMiami. It is a small organization, because it's so hard to speak with the park, with the police, with the -- and Miami Rescue, et cetera, et cetera, et cetera. And it's like one department doesn't speak to the other. And sometimes, people almost get frustrated. I know every single one of you. When I call every single one of you before last week, and I had a hard time. What about person that is a regular citizen, who doesn't know you? Could you please see if you guys can actually find away to easy that permits for a regular person? I'm not saying that it's the employee fault, but the procedures is not working. Chair Russell: Thankyou. Ms. Betancourt: Thankyou. Chair Russell: You're absolutely correct. Thank you very much. Good morning, Mr. Pichel. Frank Pichel: Good morning. I'd like to thank Commissioner Gort for the many years of service that he's provided to the citizens in the City of Miami. I also want to personally thank him for allowing me to represent him in the district for all the many years that I served as his representative on the Code Enforcement and Nuisance Abatement Board. I also want to speak about Melreese, and how we need more green space. But more importantly, I want to speak about public corruption. Last week, I'm sure that you all saw the atrocity that happened at the (UNINTELLIGIBLE) Towers, where a police officer was there harassing and intimidating people with his gun, badge, and police radio, soliciting votes for another candidate. I passed out Title 9, Chapter 104 of the State of Florida Law, where it says: No officer or employee of the State or of any County, Municipal thereof, exempt -- as hereinafter exempt from the provision shall use his or her official authority and influence for the purposes of interfering with an election or a nomination of office or coercing or influence another person's vote or affecting the result thereof, directly or indirectly. That is punishable by a first -degree misdemeanor in the State of Florida. Now, there's clear and present evidence that the police officer in question was doing that, representing the City of Miami Police Department with his badge, gun, and his radio, and I demand that that officer be relieved of duty immediately, pending the outcome of the internal investigation. I've City of Miami Page 13 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 also written letters to the Department of -- Florida Department of Law Enforcement, the Attorney General, and the Governor of the State of Florida. You guys need to take control back of your employees that are abusing their authority, their office and status to interfere with your elections -- our elections. Last week, on the last Commission meeting, the City Attorney advised me that the matter regarding Yariel Diaz was being handled by FDLE (Florida Department of Law Enforcement). -- Chair Russell: Mr. Pichel. Mr. Pichel: Will you give your two minutes to me? Chair Russell: No. I -- Mr. Pichel -- Lazara Martinez: I respectedly [sic] give -- yield my two minutes to Mr. Pichel. Chair Russell: Yes. Just a moment, but I'd like to pause for just a second, because you -- Mr. Pichel: Yes. Chair Russell: -- I'm glad to let you speak and air your grievance. I would ask that you please do not make any personal accusations by name. Mr. Pichel: I'm not. Chair Russell: And after -- because I hear you're about to. Mr. Pichel: Okay. Chair Russell: And with the police officer, you were very respectful, and I appreciate that. Mr. Pichel: Okay. Well -- Chair Russell: And so, once your two minutes are -- your second two minutes are over, I'd like to direct you to the City Manager and the Police Chief to file your complaint so that a proper investigation could be formed, because this isn't -- Mr. Pichel: I've already done that. Chair Russell: Okay, good. But this is not an investigative body up here right now. Mr. Pichel: I understand that. I want to bring -- Chair Russell: So this is the moment to air your grievance. Mr. Pichel: -- to your attention how your employees are out of control. Again, Madam City Attorney, last Commission meeting, you told me that the matter in question on the other issue was referred to FDLE. Ms. Mendez: It could be if you weren't satisfied with -- Mr. Pichel: I was not, and I made it clear to you that I was not. But last week, a Internal Affairs sergeant called me, asked me for the evidence and videotapes, which is ridiculous to me, because everybody has it, and they're calling me to do it. City of Miami Page 14 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Now, either it's going to be referred to FDLE or we lost all respect for law and order in the City. Ms. Mendez: I'll defer to the City Manager's Office and the Police Chief on that, but it can be -- Mr. Pichel: I've asked repeatedly to do that. Chair Russell: Through the Chair, please. Mr. Pichel: Yes, sir. I've asked repeatedly to do that, and you all know it. It's been videotaped and put on TT. Now, the last thing that I want to do is come and file a complaint or charges against one of my brother and sisters in blue or firefighters. This is the last thing I want to do being here. However, we must obey the law, follow the law, and respect the law if we're going to continue as a governing body and as law enforcers, and protectors of people's rights. This has got to stop. I want it to stop. I'm willing to work with all of you to stop this, because this has gotten out of control. And just to be on the record, because I heard the terrible things that happened to Commissioner Carollo and his wife last week, I (UNINTELLIGIBLE). I do have video cameras on all my cars. And if I should get stopped or pulled over, or redlined for running a stop sign -- Chair Russell: Thank you. Mr. Pichel: -- it won't go as easy as that. Thank you very much. Have a good day. Chair Russell: Thank you very much. And for the Clerks' record, did you get the name of the person donating their time for the record, please? Ms. Martinez: My name is Lazara Martinez, 2289 Northwest 21st Terrace. Thank you very much. Chair Russell: Thank you very much. Commissioner Carollo: Mr. Chairman. Chair Russell: Yes, Mr. -- Commissioner Carollo: Wait one second, please. This has nothing to do with Mr. Pichel; just general, altogether. I'm getting very concerned, especially with all the items we have later on, of people being able to acquire two minutes from others that are not going to speak anyway, and this is part of the reason these meetings are taking so long. Individuals that should be limited to two minutes, they're acquiring two and four and six and eight, and 10 additional minutes to be speaking here. So I will leave it up to the Chair today, but if we don't control this, I'm going to come back with a resolution that everyone is limited to two minutes, and they cannot acquire minutes -- extra minutes to speak in the fashion that has been happening here for months and months, and are prolonging these meetings to much later than they should be. Chair Russell: Thank you, Commissioner. It's always a balance of public input and making sure we're respecting you and your time, but also for the whole City. So I do understand the Commissioner's point. It's my habit to allow people to donate their time if they've come here so that -- because otherwise, they could speak for two minutes, as well, and we'd be here the same. But it is up to this body, so we can consider that at a later time. Thank you very much. Good morning, sir. City ofMiami Page 15 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Sameer Mehta: Mr. Chairman, I'm representing FR.5. My name is Sameer Mehta. I'm a cardiologist in Miami. For the last 20 years -- it's on record -- I have saved the life of more Miami residents who are having a heart attack than anybody else. In this job, I have to -- whenever I am on call, which is about 15 days a month -- 24 hours a day, I have to immediately speed to the hospital that am on call to save the life of a patient who's having a heart attack. Every minute counts. This is not -- this is absolute science. You can have a patient immediately stable; next minute, he's gone. It is now taking me more than five or six minutes to navigate amongst the peacocks in Miami, in Bay Heights to reach a patient who's having a heart attack. This is a most unique situation, and I would like the Chairman of the Commission here -- I would like to go on record. What exactly should be my priority? Am I supposed to be saving the life of a patient who's having a heart attack, or try to navigate and save a peacock? Thank you so much. Chair Russell: Thank you for your comments. Renita Holmes: Good morning, Mr. Chairman. Chair Russell: Good morning, Madam Holmes. Ms. Holmes: Congratulations, first of all, to Commissioner Gort. You've been phenomenal, and phenomenal with some of my leaders that told me about you long before I met you, and it's proven true that you are just that type of guy that can handle a feisty woman; big accolades to your wife, too, because I know behind every good man -- or beside -- or sometimes even in front of -- most of the time, opening the door to get out to go do what you got to do -- is a strong woman. And so, with that, I'm here today. I'm Madam Renita Holmes, Executive Director and founder of Wave of Women in Public Housing, Education, Finance and Development; as well as Our Homes, Opportunities for United Restoration of Our Homes. Just here to remind you that some victim/witnesses are arrested for fighting back, and here on behalf of persons with disability, I'm wearing a back brace. I still have to stand outside. So having a relationship and having trained Officers, sometimes it's not our intention to be weak Sometimes we're not angry with you; we're just fighting back. And when you arrive, I want you to consider that there are niche services. A majority of those persons arrested for fighting back, victim/witnesses are persons in public housing. I hear you discussing priorities, and I know when we funded, we were listed as the priorities, but there are niche groups that are being transitioned. And PH.1, PH.2, PH.6, PH.7, and good officers like Officer Thorn, Officer (UNINTELLIGIBLE), Officer (UNINTELLIGIBLE), we don't -- we compare ourselves, and we say how you handle poor folks, how you handle LGBQT (Lesbian, Gay, Bisexual, Questionable, Transgender) youth, how you handle persons with disability is based on your training; is based on who makes you a priority in public service, and it's based on what organizations actually reach you to give you that support. I just wanted to add that to today's agenda from last agenda. I ask you, is it fair to punish people for fighting back? And is it fair to punish people that have no home when they're fighting back? And I'm just here to remind you again, and thank you for showing interest in our Niche Program. I look forward to talking to you some more. And that's only to say, again, having the Clerk's Office -- I had to really read and do the research, sir. Our Clerk is bad; they are awesome. They actually made recommendations to something to use data consistency to be able to coordinate things a lot better, and to report with the intent of solving an issue, irregardless [sic] of the data being negative. Now that's a taxpayer's dream. Thank you most of all. Keep them in the right direction, and thank you for helping us to get the information that we need publicly so that we can make things better. Appreciate you. Chair Russell: Thank you. City of Miami Page 16 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Ms. Holmes: Fall have a good day. Chair Russell: I would have cut you off, but you were praising Team Todd, so I had to let you go. Ms. Holmes: Oh, yeah; I'm a fan. Chair Russell: Thank you very much. Ms. Holmes: He gave me a sandwich (UNINTELLIGIBLE). Chair Russell: Good morning, Ms. Morris. Katrina Morris: Hi. Katrina Morris, 4130 Libya Avenue. I'm just here because I was concerned with the -- what is it; FR.5? Chair Russell: FR.5. Ms. Morris: FR.5, peacocks; just the language that was introduced seemed really vague, and it seemed like, okay, we'll just leave it up to the City Manager to handle the situation. And my sister lives in Rancho Palace Verdes, as they call it, in California; not that it is; it drives me insane. But they dealt with this in 2000, and they have a really comprehensive pea fowl management plan, so I'm just going to submit it to the record, because I think they got it right, and I think with boundaries, everything's clear. We don't have arguments amongst neighbors, and we have good boundaries to follow. Chair Russell: Thank you very much. I'll be asking for the City Manager to take that into consideration. T ice Chair Gort: You going to extend that to the chickens? Chair Russell: Good morning. Haydee Rodriguez: Good morning. Alfredo T arela: Good morning. Ms. Rodriguez (As translated by Official Spanish Interpreter Alfredo T arela): My name is Haydee Rodriguez. I live in the City of Miami. Since I can't be herein the afternoon, I'd like to give my opinion regarding the football stadium. I think it's marvelous for my grandchildren, for the young people ofMiami. It's going to bring lots of work to Miami. It's going to be marvelous. That's all. Thank you. Chair Russell: Thank you for your comments. 'Muchisimas gracias. " Good morning. Alex Fumogoli: Good morning, everyone. It's another great day for all of us to be brought together. My name is Alex Fumogoli. I'm a local attorney here in Miami. I'm here to voice my support for the Miami Freedom Park Project. Due to the current state of our society, I believe what this community needs most is to be brought together and be less divisive. The great thing about sports is that no matter your race, your gender, or your social background, sports can always bring people together and fill them with joy. The Miami Freedom Park Project will be able to do just that. Besides the stadium and retail outlets, the project will provide 58 acres of free public green space and parks for our community of adults and children to use. It will include facilities for all types of sports, thereby bringing more opportunities City of Miami Page 17 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 for our community to unite and come together. Melreese is not a park; it is a golf course. And at this time, the Melreese Golf Course limits the amount of community members who can use that land, as they charge about $85 or so just to play golf there. I know, because I, myself am a frequent visitor to that golf course. I encourage you all to do the right thing for this community, and approve the Miami Freedom Park Project. The community has already overwhelmingly voted for the project, so I believe it's time for everyone here to listen. Thankyou. Chair Russell: Thank you for your comments. Good morning. Daniele Mugnai: Good morning. My name is Daniele Mugnai, from 74 Bay Heights Drive. I'm also here for FR.S, for the peacocks. There's a couple of issues that I would like to talk about. Number one, these peacocks are -- they're beautiful animals, for sure. We -- when there was 10, 15, 20, they were beautiful to watch and look, and enjoy. The problem is that they create diseases for our pets; create diseases for our little ones; they damage roofs; they damage cars. And I think everybody's freedom ends when the other person's begins. There has to be some type of way to control the population since they have no natural predators. So it's going to -- anything that's beautiful gets out of control when there's no control. In addition, if we're going to enforce one way or the other, we also have to enforce people feeding them, because that's not legal. When -- I've understood when we spoke to the City Attorney, you're not supposed to feed these peacocks. So I think that something has to be done in a humane way to take care of this problem. Thank you. Chair Russell: Thank you for your comments. Good morning, Mr. Baraloto. Chris Baraloto: Good morning, everyone. My name is Chris Baraloto. I'm a professor in biology at FIU (Florida International University). I also direct the International Center for Tropical Botany here in Coconut Grove at the Kampong. And I live on Kumquat Avenue herein Coconut Grove. We are here as scientists in this community to support with data -driven solutions, two environmental challenges, and one of those is being treated by this FR.5, concerning the peacocks about which I'd like to speak this morning. As part of our Tropical Conservation Internship Program, generously supported by the Pave the Way Foundation, we've had several interns working to monitor peacock populations throughout Coconut Grove for the last 16 months, and we plan to continue in partnership with the District 2 office. I think it's very important for us all to participate in this and work together. I agree with everyone who's spoken this morning, but we need to have data to drive our management issues. And so, I would ask all of you to contact me if you'd like to participate in this. There's several ways you can participate. You can support the student interns as they conduct the inventories. You can agree to be key informants, providing information we can't glean directly in our monitoring activities, but rather to provide historical information as a key informant. And you can participate in the inventories if you load the iNaturalist app for your Smart Phone devices. It's run by National Geographic. You can download it, and we have a project in which all you need to do is take a photo of any peafowl that you see in your communities. The location is recorded and it can be fixed to our project, and this is another means by which we can gather data as citizen scientists to support data -driven solutions to this problem as we move towards a revision to this ordinance. Chair Russell: Mr. Baraloto, two questions. Has -- would FIU be open to assisting the City with this scientific data so that we can make our decisions more carefully? Mr. Baraloto: Completely and totally. City of Miami Page 18 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: You already did a census. How many peacocks did you find -- peafowl did you find in the Grove? Mr. Baraloto: We found a density of about one peacock every two hectares. That gives us a population estimate for all of Coconut Grove of about 600. We're trying to do what we call demographic modeling, which means that we can then project whether the population is growing, stable, or declining. And we want to run these models for each of the 17 different zones within the district to ask the questions of, "Do we need different management interventions in different zones. " Chair Russell: Thankyou. I'll be doing a floor amendment to ask the Manager to work together with you. Thankyou. Mr. Baraloto: Thankyou all very much. Chair Russell: Good morning. Samuel Latimore: Good morning. My name is Professor Sam Latimore, President of the Charles Hadley Neighborhood Association. Kerry Johnson: Board Member of Hadley Park Association. Mr. Latimore: We're here to support the -- and to ask you to accept the Center Healthcare Plan's donation to Hadley Park. As you know, those of its who rapidly head toward the timeframe need to stay in shape, and this equipment will allow us to work with our seniors, who are upwards of 96 and 97 years old, to maintain some modicum of health, so we're asking that you accept that resolution. Additionally, I'd like to remind everybody that November 11 is T eteran's Day, and to encourage everybody to thank the persons who are veteran, who sacrificed for you to be here, for their service. And lastly, I want to say to Mr. Gort if Ms. Dawkins was here -- she's on another trip out of town -- she would say, "God bless you." Thankyou very much, and you all have a nice day. Chair Russell: Thankyou, sir. Is there anyone else here -- Kerry Johnson: Thankyou. MV - MAYORAL VETO(ES) NO MAYORAL VETOES Chair Russell: -- who'd like to speak on any of the items on this morning's agenda? This is your chance; this is your opportunity. And for those of you at home, if you'd like to weigh in on future agendas, please go to miamigov.com. Click on "Your Government, " and you'll find agendas that are up and coming, so you can come and weigh in, as well, because it does make a difference, and it does alter our decisions, so thank you very much for your public input. We'll be closing public comment at this time. Chair Russell: Are there any mayoral vetoes, Mr. Clerk? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Russell: All right. END OF MAYORAL VETO(ES) City of Miami Page 19 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell. Gort, Carollo, Reyes, Hardemon CAA RESOLUTION 6517 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Improvements EXECUTE AN AGREEMENT FOR WATER AND SANITARY SEWER SERVICES, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ("WASD") AS PART OF THE CITY OF MIAMI FLAGLER STREET RECONSTRUCTION PROJECT ALSO KNOWN AS THE DOWNTOWN BEAUTIFICATION PROJECT, OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B-30606; ALLOCATING FUNDS FROM OCI PROJECT NO. B-30606 FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0398 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.], please see "End of C'onsentAgenda. " City of_AIiami Page 20 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 CA.2 RESOLUTION 6521 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Improvements ACCEPT AND APPROPRIATE GRANT FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION, FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) ("GRANT FUNDS") FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") FOR THE 'IMMEDIATE FLOOD CONTROL: INSTALLATION OF BACKFLOW VALVES (PHASE I)," OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-13193800 ("PROJECT") AND THE CONSTRUCTION OF THE MIAMI BISCAYNE TIDAL WAVES AND STORMWATER IMPROVEMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS TO THE GRANT AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0399 This matter was ADOPTED on the Consent Agenda. Note fiv the Record. For minutes referencing Item CA.2, please see "End of ConsentAgenda. " City Page 21 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 CA.3 RESOLUTION 6512 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT Department of Fire- TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, Rescue FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE ACCESSING OF MIAMI-DADE COUNTY ("MDC") CONTRACT NO. FB-00583 FOR THE SERVICING OF VARIOUS SPECIALIZED FIRE EQUIPMENT WITH VARIOUS VENDORS FOR THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF FIRE -RESCUE ("FIRE - RESCUE") RELATED TO ALL NECESSARY LABOR, TRANSPORTATION, MATERIAL, AND EQUIPMENT TO FURNISH A COMPREHENSIVE SYSTEM FOR THE INSPECTION, TESTING, AND CERTIFICATION OF THE CITY'S VARIOUS SPECIALIZED FIRE -RESCUE EQUIPMENT, WHICH WAS COMPETITIVELY SOLICITED FOR AN INITIAL TERM OF ONE (1) YEAR WITH AN ADDITIONAL FIVE (5) ONE (1) YEAR OPTION TO RENEW PERIODS, ON A YEAR-TO-YEAR BASIS, SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY MDC; ALLOCATING FUNDS FROM FIRE - RESCUE ACCOUNT NUMBER 00001.184010.546000.0000.00000, OR SUCH OTHER ACCOUNTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, ALL IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, THE CITY'S PROCUREMENT ORDINANCE, THE ANTI -DEFICIENCY ACT, AND THE FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0400 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.3, please see "End of Consent Agenda. " City of_AIiami Page 22 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 CA.4 RESOLUTION 6432 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Fire- ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "FISCAL YEAR 2019 — DEPARTMENT OF HOMELAND SECURITY Rescue FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), URBAN SEARCH & RESCUE ("USAR") COOPERATIVE AGREEMENT;" APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED $1,191,104.00, CONSISTING OF A GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO PROVIDE ADMINISTRATIVE AND PROGRAM MANAGEMENT, TRAINING, SUPPORT, EQUIPMENT CACHE PROCUREMENT, MAINTENANCE, AND STORAGE FOR THE SOUTH FLORIDA USAR PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. ENACTMENT NUMBER: R-19-0401 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.4 please see "End of ConsentAgenda. " City Page 23 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 CA.5 RESOLUTION - Item Pulled from Consent 6518 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), PURSUANT TO SECTION 38-66 OF THE CODE Parks and OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING Recreation THE PLACEMENT OF A SIGN OR ADVERTISING, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" OF THE DONATION AGREEMENT, FROM SIMPLY HEALTHCARE PLANS, INC., A FOR -PROFIT CORPORATION ("SIMPLY"), WITHIN HADLEY PARK, A CITY OF MIAMI OWNED PROPERTY LOCATED AT 1350 NORTHWEST 50 STREET, MIAMI, FLORIDA ("HADLEY PARK"); FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION FROM SIMPLY AT AN ESTIMATED VALUE OF $21,179.00, IN THE FORM OF EQUIPMENT AND IMPROVEMENTS AT HADLEY PARK; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PLACEMENT OF THE SIGN OR ADVERTISING AND THE ACCEPTANCE OF THE EQUIPMENT AND IMPROVEMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID DONATION. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: Item CA.5 was continued to the November 21, 2019, Regular Commission Meeting. Chair Russell: All right. Let's move to the agenda, please. I'll take up the CA (consent agenda) agenda, except for Item C.4.7, which was removed CAs. I -- ConnnissionerHardemon: I'd like to continne Item C.4.5. Chair Russell: CA.5 is accept ,Simply Healthcare Plans donation to Hadlev Park. There's a move to continne that to the next like meeting; seconded by the Chair. Is there anv comment on that? Being none, all in favor, sav "co.le. " The Commission (Collectivelv): _41,,-e. Chair Russell: Anv opposed? _1-1otion passes on continuing CA.5. City of-lliami Page 24 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 CA.6 RESOLUTION 6487 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Police EXECUTE A MEMORANDUM OF AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES ("ATF"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE MIAMI POLICE DEPARTMENT'S ("MPD") PARTICIPATION ON THEIR TASK FORCE, AT A REIMBURSABLE OVERTIME COST OF $18,343.75 PER OFFICER, FOR UP TO TWELVE (12) OFFICERS, FOR A TOTAL OF $243,853.37, OF WHICH $20,065.37 IS NON - REIMBURSABLE AND WILL BE ABSORBED BY THE MPD GENERAL FUND OPERATING BUDGET; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID REIMBURSEMENT FUNDS. ENACTMENT NUMBER: R-19-0402 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.6, please see "End of ConsentAgenda. " City Page 25 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 CA.7 RESOLUTION - Item Pulled from Consent 6642 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO Attorney EXECUTE A SETTLEMENT AGREEMENT AND THE DIRECTOR OF FINANCE TO PAY RUBEN A. SEBASTIAN, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF SIXTY-FIVE THOUSAND DOLLARS ($65,000.00) TO THE PLAINTIFF IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED RUBEN A. SEBASTIAN VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 16-CV-20501-FAM UPON THE EXECUTION OF A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR EXCESSIVE FORCE AND VIOLATION OF CIVIL RIGHTS PENDING IN FEDERAL COURT AND A DISMISSAL OF THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item CA.7 was continued to the November 21, 2019, Regular Commission Meeting. Note for the Record. For minutes referencing Item CA.7, please see "Order of the Day. " CA.8 RESOLUTION 6643 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Commissioners THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT'S and Mayor ("BID") APPOINTMENT OF ABIGAEL MAHONY AS THE EXECUTIVE DIRECTOR OF THE BID. ENACTMENT NUMBER: R-19-0403 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.8, please see "End of ConsentAgenda. " END OF CONSENT AGENDA ChairRnssell: Then we're dealing with 1, 2, 3, 4, 6, and 8. Is there a motion, please? Commissioner Carollo: On what item? ChairRnssell: All of the CA (consent (genda) agenda that's left. City of-lliami Page 26 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 Vice Chair Gort: All the CA that's left. Commissioner Carollo: CA? Chair Russell: Yes. Commissioner Carollo: Okay. All right. We go with the --I'll make the motion on it. Commissioner Reyes: I'll second. Chair Russell: Thank you, Commissioner Carollo; seconded by Commissioner Reyes. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on the CA agenda. City of Miami Page 27 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 PH - PUBLIC HEARINGS PHA RESOLUTION 6374 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT Department of TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, Housing and FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO Community SELL, WITH AFFORDABLE HOUSING RESTRICTIONS AND Development AUTOMATIC REVERTER PROVISIONS, CERTAIN CITY OF MIAMI- OWNED PROPERTIES LOCATED IN THE CITY OF NORTH MIAMI, FLORIDA, TO KB FINANCIAL GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("KB"), FOR THE TOTAL AMOUNT OF $825,000.00 FOR THE DEVELOPMENT OF AFFORDABLE HOUSING PROJECTS WITH SIX (6) UNITS SET ASIDE TO BE USED FOR HOUSING FOR PERSONS WITH AIDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE COMPLETION OF SAID TRANSACTION. ENACTMENT NUMBER: R-19-0404 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For additional minutes referencing Item PHI, please see "Public Comment Period for Regular Item(s). " Chair Russell: N-ou we'll take up the PH (public hearing) agenda, except for PH.8. And some of these are fonr fifths, please keep in mind, gentlemen. So that's PHs.1 through 7. Is there a motion;" Commissioner Carollo: Fes. I'd like to -- I don't want to withdrmr it nnless I have to, depending on my answer, bnt I do need some info on PH.1. It talks about City - owned property; that we're selling it for 825, 000. Chair Russell: TFould you like the A=lanagement to present, please? Connnissioner Carollo: Fes. Have we had appraisals on this property to see what the worth is;" George -1=1ensah: George -1Iensah, Director, (Iomlnnnity and Economic Development. This -- no, I -- we did not do actual appraisals. ii'e looked at the assessed valve. Connnissioner Carollo: 0ka.y. -1Ir. Jlensah: However, these are properties in forth -A-Iiami, which are HOPi A (Housing Opportunities for Persons with AIDS) properties. Connnissioner Carollo: 0ka.y. City of-lliami Page 28 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 Mr. Mensah: And so, what we are doing -- Commissioner Carollo: These are properties that are outside the City of Miami? Let me -- Mr. Mensah: Yes, yes. Commissioner Carollo: Okay. All right. Chair Russell: Thank you. b ictoria Mendez (City Attorney): And at one point, they were unsafe structures that the County wanted to demolish, so we've had a long history with these properties. If someone's actually willing to buy them, it's a good thing. ti ice Chair Gort: Mr. Chairman. Commissioner Carollo: Okay. Chair Russell: Bice Chairman. Vice Chair Gort: Commissioner Carollo [sic], let me ask you a question. How many Code violations have we had on that building? Because it goes way back. We've had a lot of problem with that building. Mr. Mensah: Yes, we've had a lot of violations on it. Commissioner Carollo: Okay. And did we do anything about it, or did we just let it go? Mr. Mensah: We did a lot about it. I think our CityAttorney helped us a lot on it. Commissioner Carollo: Well, let me not ask anymore questions. I might not like the answer I get, so we'll let it be and sell it at the auction block. Chair Russell: Is there a motion on PH.1 through 7? Commissioner Carollo: There's a motion. Commissioner Reyes: Second. Chair Russell: Thank you, Commissioner Carollo; seconded by Commissioner Reyes. Arty further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. We are rocking and rolling, gentlemen. Thank you. Commissioner Reyes: Thank you. Chair Russell: All right. That is the PH agenda. City of Miami Page 29 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 PH.2 RESOLUTION 6375 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF STATE Housing and OF FLORIDA HOUSING OPPORTUNITIES FOR PERSONS WITH Community AIDS ("HOPWA") PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED $947,477.60 FOR FISCAL YEAR 2019-2020 FOR THE Development PURPOSE OF IMPLEMENTING PROGRAMS THAT HELP SUSTAIN OR TRANSITION INDIVIDUALS AND FAMILIES TO STABLE HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0405 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PH.2, please see "Public Comment Period for Regular Item(s) " and Item PH.]. PH.3 RESOLUTION 6376 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF STATE Housing and OF FLORIDA HOUSING OPPORTUNITIES FOR PERSONS WITH Community AIDS PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED $947,477.60 FOR FISCAL YEAR 2019-2020 TO THE Development DEPARTMENTS/AGENCIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0406 MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Joe Carollo, Commissioner Manolo Reyes, Commissioner Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PIL3, please see Item PH.]. City of-AIiami Page 30 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 PHA RESOLUTION 6377 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE CITY MANAGER TO GRANT AN EXTENSION Housing and OF TIME FOR FIFTEEN (15) ADDITIONAL MONTHS, FROM Community SEPTEMBER 30, 2018 TO DECEMBER 30, 2019, TO SOUTH Development FLORIDA PROGRESS FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO COMPLETE PUBLIC FACILITY AND IMPROVEMENT ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, MODIFICATIONS, AND ADDITIONAL EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0407 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo. Reyes. Hardemon Note for the Record: For minutes referencing Item PK 4, please see Item PH.]. PH.5 RESOLUTION 6409 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Grants ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE Administration VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S WRITTEN RECOMMENDATIONS AND FINDINGS, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A," THAT THE OVERTOWN YOUTH CENTER, INC. ("PROVIDER") IS A QUALIFIED FIRM WITH THE REPUTATION, EXPERTISE, AND INFRASTRUCTURE TO IMPLEMENT THE SUMMER YOUTH EMPLOYMENT & FINANCIAL EMPOWERMENT PROGRAM ("PROGRAM") AND THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA AS AMENDED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AN AMENDMENT TO THE 2019 PROFESSIONAL SERVICES AGREEMENT ("2019 AGREEMENT") EXECUTED WITH THE PROVIDER, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "B," TO INCREASE THE FUNDING IN THE NOT TO EXCEED AMOUNT OF TEN THOUSAND, FIVE HUNDRED THIRTY DOLLARS ($10,530.00) AND TO ALLOW FOR AN ADDITIONAL OPTION TO RENEW THE PROGRAM, SUBJECT TO AVAILABILITY OF FUNDS, FOR THE PERIOD COMMENCING APRIL 1, 2020 THRU NOVEMBER 30, 2020 IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY-THREE THOUSAND, THREE HUNDRED SIXTY-FOUR DOLLARS ($353,364.00), UNDER THE SAME TERMS AND CONDITIONS AS THE 2019 AGREEMENT. ENACTMENT NUMBER: R-19-0408 City Page 31 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PH.5, please see Item PH.]. PH.6 RESOLUTION 6411 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "VERSAILLES," Department of A REPLAT AND A SUBDIVISION IN THE CITY OF MIAMI OF THE Resilience and PROPERTY DESCRIBED IN ATTACHMENT "l," SUBJECT TO Public Works SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-19-0409 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PH. please see 'Public Comment Period for Regular Item(s) "and Item PH.]. Citj,- of-llialni Page 32 Printed on 1 10%2020 City Commission Meeting Minutes October 24, 2019 PH.7 RESOLUTION 6600 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE and Mayor CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE DISTRICT 1 COMMISSIONER'S REVOLVING OFFICE ACCOUNT IN A TOTAL AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS ($60,000.00) TO LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC., A FLORIDA NOT -FOR - PROFIT CORPORATION ("LHAC"), IN SUPPORT OF LHAC'S PALERMO CENTER SENIOR MEALS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0410 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PH. 7, please see "Public Comment Period for Regular Item(s) " and Item PH.]. City of-AIiami Page 33 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 PH.8 RESOLUTION 6660 A RESOLUTION OF THE MIAMI CITY COMMISSION, TO Commissioners APPROVE OR DENY, PURSUANT TO SECTION 29-B OF THE and Mayor CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY," BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GROUND LEASE, MASTER DEVELOPMENT AGREEMENT, STADIUM LEASE, AND NON -RELOCATION AGREEMENT, AND ALL OTHER ANCILLARY AGREEMENTS ("LEASE"), ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND OUTSIDE COUNSEL, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI FREEDOM PARK, LLC ("MFP") FOR APPROXIMATELY SEVENTY-THREE (73) ACRES OF CITY - OWNED PROPERTY LOCATED GENERALLY AT 1400 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA 33125, COMMONLY KNOWN AS MELREESE COUNTRY CLUB AND IDENTIFIED AS FOLIO NUMBERS 01-3132-000-0080 AND 01-3132-000-0090 ("DEMISED PROPERTY") WITH AN INITIAL TERM OF THIRTY-NINE (39) YEARS WITH TWO (2) ADDITIONAL THIRTY (30) YEAR OPTIONS TO RENEW, FOR A TOTAL TERM OF NINETY-NINE (99) YEARS, WITH AN ANNUAL BASE RENT EQUAL TO THE GREATER OF (A) FAIR MARKET VALUE AS DETERMINED BY STATE CERTIFIED APPRAISERS OR (B) FIVE PERCENT (5.0%) OF RENT FROM THE RETAIL, OFFICE, AND HOTEL DEVELOPMENT WITHIN THE DEMISED PROPERTY, BUT ANNUAL BASE RENT OF NO LESS THAN THREE MILLION FIVE HUNDRED SEVENTY-SEVEN THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS ($3,577,365.00), IN ADDITION TO A CONTRIBUTION TO THE CITY OF TWENTY MILLION DOLLARS ($20,000,000.00) PAYABLE OVER THIRTY (30) YEARS IN ANNUAL INSTALLMENTS, AND ANY RENT INCREASES AND/OR ADDITIONAL RENTS NEGOTIATED BY THE PARTIES; AUTHORIZING THE USE OF THE DEMISED PROPERTY FOR A SOCCER STADIUM, ENTERTAINMENT CENTER, INCLUDING FOOD AND BEVERAGE VENUES, OFFICES, RETAIL, HOTEL, AND CONFERENCE CENTER, AND OTHER ANCILLARY COMMERCIAL DEVELOPMENT, WITH A MAXIMUM HEIGHT NOT TO EXCEED FEDERAL AVIATION ADMINISTRATION AEROSPACE OBSTRUCTION STANDARDS, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS, GUARANTEEING A LIVING WAGE FOR ALL ON -SITE EMPLOYEES; FURTHER REQUIRING MFP TO UNDERTAKE THE REMEDIATION AND SITE DEVELOPMENT FOR A PUBLIC PARK OF APPROXIMATELY FIFTY-EIGHT (58) ACRES, AT NO COST TO THE CITY, TO BE DEVELOPED ON PROPERTY ADJACENT TO THE DEMISED PROPERTY ("NEW PARK") CURRENTLY USED FOR THE MELREESE COUNTRY CLUB; PROVIDING FOR NO NET LOSS OF PARK SPACE TO THE CITY; PROVIDING PROFIT SHARING TO THE CITY IN THE FORM OF NAMING RIGHTS, ADVERTISING, TV RIGHTS, SALE OR ASSIGNMENT, AND THE LIKE; AND AN IMMEDIATE EFFECTIVE DATE FOR THIS City of_AIiami Page 34 Pr-inted on I 10 2020 City Commission Meeting Minutes October 24, 2019 RESOLUTION. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Note for the Record. Item PH.8 was deferred to the November 12, 2019, Special Commission Meeting. Note for the Record: For additional minutes referencing Item PH8, please see "Order of the Day. " t ictoria Mendez (City Attorney): I'm sorry, Chairman. And then I believe that Todd just wanted to make sure that there is a motion to move these three items to that date. Chair Russell: To defer them to the special meeting. Moved by Commissioner Carollo. Commissioner Carollo: Moved. Chair Russell: Seconded by the Chairman. Any further discussion? All in favor, say fraye. if The Commission (Collectively): Aye. Chair Russell: Any opposed? Todd B. Hannon (City Clerk): And again, that's PH.8, RE.20, and DI4 have been deferred to November 12 -- Chair Russell: Correct. Mr. Hannon: --for the special meeting. END OF PUBLIC HEARINGS City of Miami Page 35 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 RE - RESOLUTIONS REA RESOLUTION 6262 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Improvements PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH AMERICA, INC. ("ATKINS"), FOR THE PROVISION OF CAPITAL PROGRAM SUPPORT SERVICES, FOR ADDITIONAL WORK IN AN AMOUNT NOT TO EXCEED $1,750,000.00 FOR THE FIRST OPTION TO RENEW PERIOD, THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FOR THE FIRST OPTION TO RENEW PERIOD FROM $1,250,000.00 TO AN AMOUNT NOT TO EXCEED $3,000,000.00; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ATKINS, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI - DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0411 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo. Reyes. Hardemon ChairRnssell: 11oving to the RE (resohrtion) agenda. Aside front -- Commissioner Carollo: RE. Chair Russell: -- RE.10, which is indefinitely deferred, that is ont; and the time certain, RE.20, on soccer, we'll tali that ont. Commissioner Carollo: Yeah. This RE.1, can we get an explanation on the record, please? Chair Russell: Absohrtely. Mr. Manager. This is allocating f rnds forAtlzns 'Forth America. City of-Aliami Page 36 Printed on 110 2020 City Commission Meeting Minutes October 24, 2019 Steve Williamson: Sir, Steve Williamson, Director, Capital Improvements. Chair Russell: Good morning. What would you like to know, Commissioner? Commissioner Carollo: Just 1,750,000, if you could on the record just give us a brief explanation. Mr. Williamson: Yes, sir. So currently, the Office of Capital Improvement is staffed for a requirement of 53 people. We currently have a total of 42 on hand -- excuse me -- 41; we just lost one. So therefore, we look at Atkins to provide us consultants when necessary. We want to make sure that we have the talent available, if necessary, to hire. Commissioner Carollo: Okay. All right. Chair Russell: Thank you. Commissioner Carollo: Let me just look at a couple more things. Commissioner Reyes: Through the Chair. Chair Russell: Yes. Commissioner Reyes: Can I make a comment on this REJ? Chair Russell: Commissioner Reyes. Commissioner Reyes: And you see, I know that Capital Improvement is full of work and I was one that suggested, also, that we outsource some of our work, because in order to expedite all the projects that we are having and we are running behind, and I think that we have to do better. Well, what's the scope of work? It's consulting, project management drawings, community meetings, et cetera, and that's what I was informed. And I was one of the -- I mean proposer of this when I met with Capital Improvement, because now that when we get all our additional funds from the bond issues, there are so many projects that are needed, because our streets are in very bad shape and there's a lot of flooding and we need to keep those projects going, and that was the reason that I was one of the proponents. Chair Russell: Thank you very much. Thank you, Steve. Mr. Williamson: Thankyou, sir. Chair Russell: So we're looking at all of the RE agenda, aside from RE. 5, 10, and 20. So are there any other comments or questions on any of the other items before we seek --? Commissioner Carollo: 5, 10, and 20? Chair Russell: Yeah. Those are -- well, those we're not dealing with right now. Commissioner Carollo: Yeah. 10 is being deferred? Chair Russell: Correct. Commissioner Carollo: Okay. And 5 is at 2 p. in., and 20 is at 6. Chair Russell: 6 p. m. City ofMiami Page 37 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Yeah, there's a motion. Chair Russell: A motion for the RE agenda, aside from those three items. Todd B. Hannon (City Clerk): Chair -- Victoria Mendez (City Attorney): Chairman? Chair Russell: Yes. Mr. Hannon: -- RE. 4 needs to be amended. Commissioner Hardemon: Unreadiness still? Chair Russell: Commissioner Hardemon. Commissioner Hardemon: RE.5? Chair Russell: That is coming up at 2 p.m., so we're not dealing with that right now. Commissioner Hardemon: So -- right. Just --I want to make sure. So you said the RE agenda, so -- Chair Russell: RE agenda, minus RE.5, 10, and 20. Commissioner Hardemon: All right. Chair Russell: So we're dealing with 1, 2, 3, 4, 6, 7, 8, 9 -- Ms. Mendez: Chairman, on RE -- Chair Russell: Just a moment. -- 11, 12, 13, 14, 15, 16, 17, 18, and 19. Yes, Madam CityAttorney. Ms. Mendez: On RE. 9, I believe it still says "approve or deny, " so maybe you would want to take that motion separately -- Chair Russell: We can just -- Ms. Mendez: -- unless you say it right now. Chair Russell: -- amend it at this point for approval if that's the choice of this board on RE.9. Ms. Mendez: That's the ad valorem tax one. Chair Russell: Yes. Commissioner Hardemon: (UNINTELLIGIBLE) hotel? Chair Russell: Yes. So we have a mover and a seconder. Commissioner Hardemon: That's the (UNINTELLIGIBLE) hotel. Chair Russell: You want to look at RE. 9 -- Commissioner Hardemon: Move forward to -- City of Miami Page 38 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Vice Chair Gort: (UNINTELLIGIBLE) agree. Chair Russell: You want to -- ? CommissionerHardemon: That's the beautiful hotel, the -- RE. 9? Chair Russell: Is there anyone -- CommissionerHardemon: (UNINTELLIGIBLE). Lice Chair Gort: Nice to hear from staff. Chair Russell: --here to present on RE -- ? Let's pull that item, RE.9. Lice Chair Gort: No, no, no, no. Chair Russell: It's for discussion. Lice Chair Gort: Go ahead. Chair Russell: We'll take it right now. Ian Bacheikov: Thank you. Good afternoon, Chairman and the board. My name is Ian Bacheikov, with Akerman, 98 Southeast 7th Street, here on behalf of the applicant, HUSA LH JF, LLC. Prior to the meeting, I met with each of your offices to discuss this, and why we're here today on this specific item. Essentially, my clients bought this property, and one of the only incentives that the City gives when restoring historic properties is that you can apply for a tax exemption from the City and from the County for ad valorem property taxes. And so, it's done in two parts. Part one, you go to the Planning and Zoning Appeals Board -- sorry -- Historic Preservation Board to show them your plans. And at that point, they either approve or decry your plans, and that's part one. In our instance, my clients' predecessor/owner of the property went before the board, and they approved our plans with one condition: That the windows on the front fagade would be exempt from the tax exemption. My clients completed the work; came back to the Historic Preservation Board, and received a staff recommendation of approval with the one condition that those windows on the front fagade would be excluded from the exemption. Unfortunately for us, the Planning and -- the Historic Preservation Board, rather than looking at this as a rubber stamp and seeing that we followed the rules, and did what was required of part one, said they didn't like the way it looks. They got very passionate about how they thought the building looked, and recommended denial; notwithstanding the recommendation of the Planning staff -- or -- sorry -- the Historic Preservation Board staff. And so, we then went back to the staff and asked them, you know, did they, in fact, do what they needed to do to meet the requirements of the part one approval, and Mr. Warren Adams confirmed that he did. I was hoping he would be here to -- oh, he is here, and I'll let him speak to that. And so, having done what we were required to do under part one of the approval, we're here now; coming back, and respectfully requesting that the part two be approved to grant the incentive. Commissioner Carollo: Okay. What -- CommissionerHardemon: What's the name of the hotel again? Mr. Bacheikov: It's the Jefferson Hotel -- Commissioner Carollo: Jefferson. City of Miami Page 39 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Commissioner Carollo. Commissioner Carollo: Which -- Mr. Bacheikov: -- at 528 Southwest 9th Avenue. Commissioner Carollo: Okay. Commissioner Reyes: That's the wooden one, right? Commissioner Carollo: Let me -- How long have you been representing the client? Mr. Bacheikov: Since -- after they went to the Historic Board, they came to me -- Commissioner Carollo: When is that, approximately? Mr. Bacheikov: I'm sorry? Commissioner Carollo: When is that, approximately; time, date? Mr. Bacheikov: That was sometime after July. Commissioner Carollo: Okay. Of this year? Mr. Bacheikov: Of this year, yes. Commissioner Carollo: Okay. You workforAkerman? Mr. Bacheikov: Correct. Commissioner Carollo: You're a registered -- Mr. Bacheikov: I'm a registered lobbyist, yes. Commissioner Carollo: Okay. For this project, correct? Mr. Bacheikov: For this project, yes. Commissioner Carollo: All right. Were you working under this project for any other law firm before? Mr. Bacheikov: No; no, sir. Commissioner Carollo: Well, I'm confused, because isn't there something that indicates in your filing that someone else was working on this project before? Mr. Bacheikov: No. They had sent their general Manager, who works for the applicant -- Commissioner Carollo: Oh, so they -- Mr. Bacheikov: -- so they represented themselves. Commissioner Carollo: What I've been told, in the filing that you did, there is an email on file with the Clerk's lobbyist form that you filled in that indicates, worked for Lou Terminello that works for Greenspoon Marder, the Mayor's firm. So -- City of Miami Page 40 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Bacheikov: No. This has nothing to do with Greenspoon Marder. Commissioner Carollo: Well, why would then that email be on file? Mr. Bacheikov: I have no idea what email you're referring to. Commissioner Carollo: Did Greenspoon Harder work at this at any point -- Mr. Bacheikov: Absolutely not. Commissioner Carollo: -- in time, do anything? Mr. Bacheikov: No, no, they did not. Commissioner Carollo: Well, this is very confusing. Can we pull this, then -- Chair Russell: Of course. Commissioner Carollo: --just -- Chair Russell: So we'll remove RE.9 from the item; the mover removes RE.9. Commissioner Carollo: And we'll bring it back -- Chair Russell: Yeah. Commissioner Carollo: --because I don't want them to be delayed. I just want to see what's on file myself, and see it, because I'm really confused in all that; who's representing who. Mr. Bacheikov: No. The only lobbyist registration on file for this specific matter should be my own with Akerman. Commissioner Carollo: Well, I'm not saying that anybody else filed. I'm saying that there was an email, I'm told, that indicated that someone else, the person that I mentioned from the law firm that I mentioned, worked on this, and I'm just confused, and I'd like to find out. Mr. Bacheikov: No, not that I'm aware of. Commissioner Carollo: Francisco -- Chair Russell: All right. So -- Commissioner Carollo: -- what say you on this; on the windows and everything and Francisco Garcia (Director, Planning): Of the -- Francisco Garcia, Planning Director. Thank you, sir. Of the only parties that we've been interacting with regarding this particular matter are these attorneys, and formerly, the -- I believe the person associated with the management of the property was also involved in processing some of the paperwork. Other than that, we have not had any contact with -- Commissioner Carollo: How many rooms is this? Chair Russell: Looks like it's -- City of Miami Page 41 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Hardemon: 33. Chair Russell: --three stories. Commissioner Hardemon: Maybe 33; at least that's what the property appraiser says. Chair Russell: Why don't we pull the item -- Commissioner Carollo: Yeah. Chair Russell: -- and we'll deal with it separately. Commissioner Carollo: Okay. Chair Russell: We'll take up the rest of the RE agenda, removing RE.9. Commissioner Carollo: Yeah, moving RE.9. My motion stands for the rest of it. Chair Russell: Thank you very much. Are there any further comments or questions on the remainder of the RE agenda as stated? Mr. Hannon: And so, Chair, RE.4 will be amended, in addition to -- Chair Russell: What is the amendment? Mr. Hannon: It has to do with -- my understanding -- that's a memo that was issued by the City Manager on October 21 for RE.4. The original resolution states an increase of 250,000 to the Professional Services Agreement, from I million to 1,250,000. This substitute requests to change the Professional Services Agreement for an additional amount not to exceed 450, 000 from the current PSA (Professional Services Agreement) with WSP USA, Inc., of I million. Chair Russell: Thank you. Does the mover and seconder accept that amendment on RE. 4? Commissioner Carollo: Yes. Chair Russell: Thank you very much. Mr. Hannon: And Chair, it's my understanding that you would like to co-sponsor RE.14. Chair Russell: I did not mention that, no. Mr. Hannon: Okay. Chair Russell: I'm in favor of it, but I didn't -- I don't believe I ever brought up a co- sponsorship requestfor RE. 14. Mr. Hannon: My apologies. Chair Russell: All right. So now we're dealing with REs.l through 8; REs.11 through 19. There's a motion, there's a second, there's an amendment that has been accepted. Any further discussion? City of Miami Page 42 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 1Ir. Hannon: Pin sorry, Chair. For the record, the mover is Commissioner Carollo; seconded by -- Connnissioner Reyes: lle. Chair Russell: Commissioner Reyes; that's correct. 1Ir. Hannon: Thank you. Chair Russell: All in favor, say "aye. " The Commission (Collectively): Ave. Chair Russell: Any opposed? Motion passes, as amended. Commissioner Carollo: I will be back: in two minutes. Chair Russell: Thank von very much. if e'll hold RE.9 for you if vozr'd like. C'ommissionerReves: Fes. Chair Russell: All right. TI'e will move -- that is the RE agenda. Let me mark- it off, exceptfor ?`'umber 20, which ive're taking up later. RE.2 RESOLUTION 6390 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Improvements EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE WATER AND SEWER DEPARTMENT ("WASD") FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES FOR PBA FERN ISLE PARK, OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40- B40543; ALLOCATING FUNDS IN THE NOT TO EXCEED AMOUNT OF FOURTEEN THOUSAND, FOUR HUNDRED TEN DOLLARS AND SEVENTY-FIVE CENTS ($14,410.75) FROM OCI PROJECT NO. 40-1340543 FOR THE PAYMENT OF WATER AND SEWER CONNECTION CHARGES TO WASD. ENACTMENT NUMBER: R-19-0412 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.2, please see Item RE.]. City of-lliami Page 43 Panted on 1 102020 City Commission Meeting Minutes October 24, 2019 RE.3 RESOLUTION 6391 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of Capital AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN AN Improvements AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) ("GRANT") FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") FOR THE INTERSTATE 395 (1-395") OPEN SPACE AND MOBILITY CONNECTIVITY PLAN AND APPROPRIATING SAID GRANT TO THE OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-13193621 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL GRANT AGREEMENT ("GRANT AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE OMNI CRA, AS WELL AS ANY AND ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS THERETO, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE AND FOR COMPLIANCE WITH THE GRANT AGREEMENT; ADDITIONALLY AUTHORIZING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY OFFICIALS IN ORDER TO UPDATE THE RELEVANT CAPITAL PROJECTS, FINANCIAL CONTROLS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION WITH THIS GRANT IN PROGRESS AND PROVIDING FOR INCORPORATION OF THIS GRANT FOR THE PROJECT INTO THE CITY'S MULTI -YEAR CAPITAL PLAN, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0413 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo. Reyes. Hardemon Note for the Record: For minutes referencing Item RE.3, please see Item RE.]. City Page 44 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 RE.4 RESOLUTION 6412 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Improvements PROFESSIONAL SERVICES AGREEMENT WITH WSP USA, INC. ("WSP") FOR THE PROVISION OF CIVIL ENGINEERING SERVICES FOR MISCELLANEOUS PROJECTS — IINTERSTATE- 395 OPEN SPACE AND MOBILITY — PROJECT NO. 40-Bl93621 ("PROJECT"), FOR ADDITIONAL WORK IN AN AMOUNT NOT TO EXCEED $250,000.00, THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM $1,000,000.00 TO AN AMOUNT NOT TO EXCEED $1,250,000.00; ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-13193621, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH WSP, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0414 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell. Gort. Carollo. Reyes. Hardemon Note for the Record: For urinates referencing Item REM please see Item RE.]. City Page 45 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 RE.5 RESOLUTION 6354 A RESOLUTION OF THE MIAMI CITY COMMISSION, Department of Real AUTHORIZING THE CITY MANAGER TO EXECUTE A FIFTH Estate and Asset AMENDMENT TO THE AMENDED AND RESTATED LEASE Management AGREEMENT (RETAIL PARCEL) ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND BAYSIDE MARKETPLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR BY MERGER TO BAYSIDE CENTER LIMITED PARTNERSHIP ("DEVELOPER"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CITY -OWNED PROPERTY LOCATED AT 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO MODIFY CERTAIN PROVISIONS OF THE LEASE, AS STATED HEREIN, TO INCLUDE AMENDING THE HEIGHT LIMITATION FOR A TEMPORARY FERRIS WHEEL ("FERRIS WHEEL") TO ONE HUNDRED NINETY (190) FEET ABOVE GRADE, SUBJECT TO ALL APPLICABLE LAWS, RULES, AND REGULATIONS, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE FIFTH AMENDMENT TO THE LEASE, WHICH INCLUDE BUT ARE NOT LIMITED TO: A) THE EXPRESS RESERVATION OF ALL AIR RIGHTS TO THE CITY; B) THE INCREASE IN HEIGHT FOR THE FERRIS WHEEL ONLY; C) THE LOCATION OF THE FERRIS WHEEL AS DEPICTED ON THE EXHIBIT TO THE FIFTH AMENDMENT; D) THE PAYMENT BY DEVELOPER TO THE CITY OF THE SPECIFIED PERCENTAGE OF GROSS RECEIPTS FROM THE FERRIS WHEEL; AND E) THAT ALL OTHER HEIGHT LIMITATIONS REMAIN IN EFFECT. ENACTMENT NUMBER: R-19-0428 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon NAYS: Carollo ABSENT: Reyes Note for the Record: For additional minutes referencing Item RE.5, please see "Order of the Day" and Item RE.]. Chair Russell: [Fe will now leave the last item, which is the Special _l-Inster Program, in the morning's agenda. TT"e71 move to the PZ (Planning and Zoning) agenda. TTe have a time certain item for the Ferris wheel. Is there --? Fictoria_11endez (City Attorney): Chairman, on the -- Chair Russell: Fes. 11s. Mendez: -- on that, I just wanted to -- since its a time certain and some questions have come up with regard to the TT crterfront Advisory Board, and whether or not this item went to the T ateif ront Advisory Board. fT hen I say, ,this item, " both items; the lease amendment and the exception. Both items were presented to the f-aterfrontAdvisory Board; however, there was no quorum, so no action was taken. And the City Code, unfortunately, in 29-122, says that, "The board shall have the City of-lliami Page 46 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 responsibility to review and evaluate issues related to the use and development of City -owned waterfront property, and shall provide advice to the City Commission concerning those issues, and only such other matters as referred to it by the City Commission in regard to City and public land abutting the water. " Chair Russell: Thank you, Madam City Attorney. Do you have the minutes from that meeting? Ms. Mendez: The minutes, I don't have them with me, but I have them and I can find them. Chair Russell: What I'd like to know is, you know, when the last time the Waterfront Advisory Board had its quorum. We've had this problem for years, and I remember this was brought up by one of their members three years ago, when we had a chance to change the rule on quorum, because they simply weren't making quorum. When's the last time they met, and what waterfront items have we approved without their consent, because --? Ms. Mendez: So they haven't met approximately seven months; however, just because we have -- "we, " meaning the Commission -- has potentially approved something that went to Waterfront Advisory Board, without a quorum, I can't -- now that this is brought to -- been brought to my attention, I can't necessarily recommend for you to do the same thing now. So I'm bringing that -- Chair Russell: No. I'd rather bring all those items back, because if their -- if our votes on those items are invalidated, because the Waterfront Advisory Board that never had a quorum that doesn't meet -- met, listened to it, talked about it, but didn't take a vote, if that is a prerequisite for us dealing with these items, anything we've dealt with up to now should be undone. Ms. Mendez: We can look into that; however, a lot of that has to do with other issues as to whether some -- whether there's a statute of limitations on that; whether that has passed. So we can address those issues, definitely. I'm just, unfortunately, telling you about this item, because it's been brought up to me, and if it's brought up -- and I cannot in good conscience, obviously, tell you, "Go forward with this, and we won't have an issue. " So I just have to bring it up. Chair Russell: Well, we do have a lawyer on this dais, so I could use some -- a little advice from my coun -- my second counsel. I have first counsel up there and I have second counsel down here. Commissioner Hardemon: I don't get paid enough for that. Chair Russell: Okay. But the wording of the Code with regard to the mandatory presentation before the Waterfront Advisory Board, does it require a vote of the board, or for them to simply weigh in? Because what I'd like to know is if this went before that board, they opened their meeting without a quorum, they couldn't take a vote, but they weighed in on it and gave their advice, have we met the legal requirement? Because, honestly, if that board's not meeting, we cannot stop the entire business of the Cityfor them not having a quorum. Commissioner Hardemon: I'm of the opinion that anything that we have below us -- I won't say "anything, " but most boards that are below us -- right? -- they cannot hijack any of our decisions. Chair Russell: We could override it. City of Miami Page 47 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Hardemon: Absolutely - Vice Chair Gort: Well, let me -- yeah. Commissioner Hardemon: When you --for instance, I'm looking at the scope that you gave me. "The board shall have the responsibility to evaluate issues related to use and development of City -owned waterfront property, and shall provide advice to the City Commission concerning those issues, and only such other matters as referred by the City Commission in regard to City or public land abutting water. " And it -- but the next paragraph, then the next sentence says: "The City shall not be bound by any recommendation or advice received from the board. " So if I'm not bound by the advice, if I'm not bound by whatever movement or action they have, I would think that you can move on, even without them, if there's -- Chair Russell: Should we propose a waiver of it? Ms. Mendez: Right. So -- Commissioner Hardemon: Because, like -- for instance, like in -- the board it's referring to here has a responsibility. They have a responsibility, but it's not necessarily -- Ms. Mendez: Right. If they -- Commissioner Hardemon: -- our responsibility, because -- Ms. Mendez: -- if the board gives you a negative recommendation, you're not bound to it. Commissioner Hardemon: Right. Chair Russell: And that's why I'd like to hear the minutes (UNINTELLIGIBLE) -- Commissioner Hardemon: But we're not bound by any recommendation, negative or positive -- Chair Russell: Right. Commissioner Hardemon: -- or advice. t ice Chair Gort: They're just advisory board. Commissioner Hardemon: Or advice. Commissioner Reyes: Madam -- excuse me, Mr. Chair. Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: Madam City Attorney, what do you recommend? I always follow your recommendation. You think that we should -- no, because I don't want -- I know that some recommendations, they were not followed, and it cost millions of dollars, I mean. Ms. Mendez: Based -- so, Commissioner -- Commissioner Reyes: Based -- I just wanted your honest opinion. City of Miami Page 48 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Ms. Mendez: Right. Commissioner Reyes: Shall we defer this, or shall we go ahead and vote on it? I mean, because I will not vote against your professional -- Commissioner Hardemon: And before you're going to get into it, in the next paragraph, Part "B" says: "The Miami Waterfront Advisory Board shall be informed of all issues concerning the major development and/or disposition of City - owned waterfront property for its input and advice in the conceptual planning stage for such development and/or disposition (UNINTELLIGIBLE). " That's our responsibility. We must -- we shall inform them. Then it says -- and then they tell you how it's defined. But then it says: "It shall not encompass minor changes, renovations and/or alterations to the existing City -owned waterfront property. Nothing herein is intended to interfere or conflict with any existing provisions in the City of Miami Charter and Code setting forth procedures concerning the development and/or disposition of City -owned waterfront property. " It's almost as if like we have a responsibility to tell them, and they have a responsibility to review it. But if they don't review it because of lack of quorum, that's not our fault. Our fault -- our responsibility is to inform them. Ms. Mendez: Right. So in the past -- because you brought up two separate points, and I just want to clarify those for the record. You are correct that no board should be able to hijack an item that is going to be set before the Commission; that is, it's one thing to actually be able to review something and then decide not to give a recommendation, and this Commission can take it as a negative vote. That is different -- based on a hijacked item, or something that is reset over and over again for six months, and, you know, effectively, that is a negative vote. They obviously do not want that item to come before you. They want to negatively impact that item. That is a totally different situation than not having quorum. Arguably, when you don't have quorum on a board, then it is -- it -- more members should be appointed to that board, or something -- With that said, I -- Commissioner Hardemon: Before you give your opinion -- Ms. Mendez: The question came out that -- Commissioner Hardemon: Right before, right before -- Chair Russell: That'd be good advice then. Commissioner Hardemon: -- because, look, 'A" and "B"; 'A" and "B." 'A" is a responsibility of the Waterfront Advisory Board, and it's a responsibility that the Waterfront Advisory Board has, right? "B" is a completely different responsibility. It's a responsibility put to the government -- to us -- to put things before that board. Ms. Mendez: Right -- Commissioner Hardemon: So we don't -- we're not -- Ms. Mendez: -- because there's two things. Commissioner Hardemon: -- right. Ms. Mendez: You can send it back. So from --for right now, you can send it to the newly -- the reason why the Waterfront Advisory Board was -- Chair Russell: Dissolved. City of Miami Page 49 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Ms. Mendez: -- dissolved a couple weeks ago was for the same reason; they were not having quorum. This Commission, along with the help of the Clerk, decided to review those boards that were not being effective, and basically abolish them, or consolidate them with other boards. There is presently as of a few weeks ago -- or a week ago -- there is a new board that has the ability to do the same thing as the WaterfrontAdvisory Board. It's the -- Todd B. Hannon (City Clerk): Climate Resilience. Ms. Mendez: -- like CRC (Climate Resilience Committee), the old sea level rise, the -- I'm sorry? Mr. Hannon: Climate Resilience Committee. Ms. Mendez: Right. So that board exists. To the extent that this has come up and it was -- this issue has come up -- I want to make sure that if this board is going to make a determination that they go forward with it, I cannot tell you that it's complying with this section of the Code. So that is why I have to bring it up. I ice Chair Gort: (UNINTELLIGIBLE.) Ms. Mendez: It was -- you know -- the questions were asked of me, and I just had to bring that up, because the last thing I want is for later somebody to say -- Chair Russell: Thank you, Madam City Attorney. Ms. Mendez: -- "Madam City Attorney, you didn't" -- Chair Russell: No, I understand. But Counsel Hardemon brings up an interesting point that the "shall go to their board" portion does not specifically say, "It cannot be taken up by the City Commission prior to it going to them. " That is their responsibility; it shall go to them, and it has. Now, if they're not able to meet quorum -- and it should be noted that the board has been dissolved for lack of meeting quorum, lack of dealing with issues, and now we have a new board. I would believe -- and you can correct me if I'm wrong -- we can waive that requirement as a Commission. Vice Chair Gort: I think we can. Ms. Mendez: It's not in the Code; that's the point. It's not in the Code, so that is the only reason why I'm bringing it up that -- lice Chair Gort: Good. Ms. Mendez: -- and it says: "It shall have the responsibility to review, and shall provide advice to the Commission on public land" -- Chair Russell: Right. Ms. Mendez: -- "on waterfront property. " Chair Russell: Now -- Ms. Mendez: I'm just bringing it out -- Chair Russell: Understood -- no, no, please. If their minutes show that they gave advice and feedback on the development -- which I would actually Love to hear, City of Miami Page 50 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 because that's what their job is --for me, that is sufficient. It has gone to the board; that they presented to the board; the board gave advice; they didn't take a vote. It doesn't say, "They must take a vote, " and now, we can consider it. I just don't see why -- I mean, this -- Vice Chair Gort: Okay, let's go. Chair Russell: -- has been a very long time coming. Ms. Mendez: Just advising you what the Code says. Chair Russell: Understood. So -- Ms. Mendez: It's pretty clear. Lice Chair Gort: I think -- Chair Russell: -- where does the body stand? I'm sorry, T ice Chairman. You had wanted to say something. Lice Chair Gort: No, that's fine. Chair Russell: All right. I'm comfortable hearing the item; at least on this --for that Vice Chair Gort: I don't have any problem. Chair Russell: --potential reason. Commissioner Hardemon: Is this for Bayside Marketplace? Tice Chair Gort: Yes. Commissioner Hardemon: Oh. I don't want to -- Ms. Mendez: It's for the -- it's the Ferris wheel item that's on now; that's why I brought it up before. Commissioner Hardemon: Oh, it's a different story now. I thought this was like something -- like less important. Chair Russell: Oh, you were just talking from an academic perspective. Lice Chair Gort: Right. Chair Russell: This is the Ferris wheel (UNINTELLIGIBLE). Commissioner Hardemon: Any time Mr. Pathman is involved, things happen to get very complicated. Wayne Pathman: You have no idea. Chair Russell: This is a threshold item for us, though. If she -- Commissioner Hardemon: No, I'm comfortable hearing it only because it was -- I think our responsibility is to refer it to the lower board. I think we've fulfilled that responsibility. And then the lower board has the responsibility -- where it says that City of Miami Page 51 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 they shall hear it -- right? -- or give some sort of advice or recommendation; and that, they did not do. The question now becomes, "Is that critical; the fact that they did not give advice; the fact that they did not make comment to us, who are not required to abide by it, who are not required to honor it?" You know, it's just -- it's an advisory committee. And so, you know, I would think in the end -- and I could be wrong -- that an advisory committee that was not able to meet that did not give recommendation, where the matter did come before them or was placed before them and not heard, I don't think it -- I wouldn't think it would be critical of the item. I think you could move -- I would think you could move forward, but that's just me talking, right? Chair Russell: Is there a motion on the item? Commissioner Hardemon: You have case law; any case law with it? Ms. Mendez: I'm just reading the Code section. It says, "shall" and "shall," you know. I'm just advising you. I don't want us to move forward if something (UNINTELLIGIBLE). Commissioner Hardemon: What was your position, Mr. Pathman? Chair Russell: Oh, we can only guess. Commissioner Hardemon: Mr. Pathman, what was your position? Mr. Pathman: Well, first of all, Wayne Pathman from Pathman Lewis, on behalf of Bayside and Sky Views of America. My position is that we have met the essence of what the Code is supposed to require us to do. We presented. DREAM (Department of Real Estate and Asset Management), your organization, Mark Burns and Daniel Rotenberg presented before the board. This board has only had one quorum, I believe, in 16 or 17 months, so it's almost an impossibility of performance. You do have an obligation to fill seats on this board, and you've now chosen to dissolve the board and merge it with another board, which, hopefully, will correct the problem going forward. But the wheels of progress should not stand still because a board can't have a quorum. We did meet. We made a great presentation. The comments that were received are all positive from those that -- members that were there. And I think that this Commission should move forward. And however the City Attorney may wish to look at this, but I think she's already admitted that you have precedent. You've moved forward on a number of other items that have come -- Ms. Mendez: That means nothing. Mr. Pathman: (UNINTELLIGIBLE.) All right. Ms. Mendez: I haven't admitted to anything. I would have to review what has or has not been -- Mr. Pathman: I understand that -- Ms. Mendez: Thank you. Mr. Pathman: -- Madam City Attorney. But this Commission has taken up items that either had a responsibility to go to the advisory board, and it didn't have a quorum to vote; or they just didn't go to the board at all, and they came to the Commission. Ms. Mendez: I would have to research that, Mr. Pathman. City of Miami Page 52 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Vice Chair Gort: Wait a minute. We understand. We got it. Ms. Mendez: I'll take your word for it. Commissioner Hardemon: You know, not at all. I'm comfortable with voting now. Lice Chair Gort: Let's go. Chair Russell: All right. Do we need a presentation, or is there a motion? Lice Chair Gort: No; let's make a presentation. My understanding, we're talking about the benefits to the City ofMiami at that time. Chair Russell: So if we could just bring us back up to speed where we left off last time, Mr. Pathman, there were some discussions about the financial remuneration to the City. Have we come to any sort of consensus on that? Mr. Pathman: I believe we have. Let me just take you through a couple of quick points. We're seeking an exception and a waiver for the height. You already have a Code amendment that's been approved by this Commission to allow the use for a Ferris wheel; in this case, observation wheel. In addition to that, we are seeking a lease amendment. Our current lease only allows 50 feet in height; however, once -- when that lease was created almost 35 years ago, the zoning in the area has changed; it's now T6-8, which does permit a 12-story building. So depending upon how you look at it, yes, we do need a lease amendment for the height, but we're only seeking approximately 48 feet different than what the Code allows, but an additional 126 feet and 126 and a half feet from what the lease allows, so I just wanted to clarify that. The deal that we have put on the table and that we tried to discuss three weeks ago is that the City already receives a 6 percent of gross of what Bayside -- not Sky [iew, but Bayside --for the entire project, for the entire Bayside Project, which would include the wheel. In addition to that, we are now proposing to give the City 10 percent of gross of all ticket sales; not just from the Bayside side, but the combined two partners, Bayside and Sky [iews ofAmerica. Vice Chair Gort: Okay. Chair Russell: Commissioner Gort. lice Chair Gort: Well, I'll move it. We've been working on this for awhile now. Chair Russell: All right. [ice Chair Gort: My understanding, most of the residents right across the street were in favor of it. And you need to make some changes. I mean, Bayside was made about 20 -- almost 30 years ago. You have to renovate and you have to do improvements to keep it moving. Chair Russell: And this is -- Commissioner Hardemon: And the parking's so expensive. Do you park there? You ever parked in Bayside? $7 for the first hour. Chair Russell: This is PZ.13. Is there --? Unidentified Speaker: And RE.5. Commissioner Hardemon: It's RE.5, right? City of Miami Page 53 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Chair Russell: And RE.5. Thank you very much. Ms. Mendez: RE.5. Did Mr. Pathman, though, put on the record what the revenue - sharing would be? Because I don't know if any of that -- Chair Russell: We're going to get into that right now. Ms. Mendez: Okay, because I -- Commissioner Reyes: Madam City -- Ms. Mendez: -- there's no paperwork as to that right now. Commissioner Reyes: --Attorney. Chair Russell: Just a moment, please; just want to clarify the motion would be for both PZ.13 and RE.5 together. Commissioner Carollo: Well, these are separate motions. Vice Chair Gort: Yeah. Chair Russell: Okay. So which one would you like to move, Commissioner -- lice Chairman Gort? Vice Chair Gort: We'll begin with RE.5 Chair Russell: So he'd like to move RE.5, the executing of the fifth amendment for the Bayside Marketplace lease. So on that one, let's go ahead and talk turkey then. Where are we on the finances? Mr. Pathman: Oh, like I said, very simply, the City would receive 10 percent of all ticket sales of the operation of the wheel. Chair Russell: Gross? Mr. Pathman: Gross. And, well, we have to work out terms of when it would be paid; typical standard language that you would typically have; any default language and enforcement language, and so on. But it's really very simple, straightforward accounting. We would be accounting to you, as we do already, for the 6 percent of Bayside. We would be doing the 10 percent of gross of the operation of the wheel, and we have to just determine how that would be paid, whether it's monthly, quarterly, or annually. Commissioner Reyes: That -- Chair Russell: Commissioner Reyes. Commissioner Reyes: --is 10 percent of gross plus 6 percent of everything that you receive -- that Bayside receive, which is -- I mean, they're going to receive the remaining 50 percent of 90, which is 45 percent of the ticket sales. Out of that 45 percent of the ticket sale, we're going to receive 6 percent. Mr. Pathman: Yes. You're going to --you're still going to receive -- that is why the 6 percent -- Commissioner Reyes: Going to be around, ifI'm not -- City of Miami Page 54 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Pathman: (UNINTELLIGIBLE.) Commissioner Reyes: --we're going to be receiving around 20 -- 26 percent of what Bayside receives. But I'm still hung up on what the City Attorney says, and I don't see -- me personally, I don't see -- I mean, I don't like to go against the City Attorney. I don't see why we have to move this so fast. I mean, I know that this is -- Commissioner Gort, this is your issue. Vice Chair Gort: Yes, sir. Commissioner Reyes: And you are the -- Lice Chair Gort: It's been here -- it's been in front of us quite a few times, and one of the requests that the -- they wanted to expedite it, because they want to utilize some of those facilities during the Super Bowl games that going to be taking place next year, and that's one of the reasons. At the same time, we have the neighbors, and you all know -- and you all are very familiar with the neighbors right there, right across from Bayside, how they can come -- if they're against something, how they show up in here. Today, my understanding is conversation with different people, the neighbors are in favor of it, and they would like to see it. My understanding, DREAM has been working with the applicant. They wanted to make sure that we get the ride straight. The only thing I would like to add is maybe a covenant that the -- a building will not ever be built there. Commissioner Reyes: But this will require two readings? Mr. Pathman: No. Commissioner Reyes: Only one reading. Ms. Mendez: No. It's simply a resolution. Chair Russell: So I think we're clear on the point -- lice Chair Gort: 5 is a resolution; the other one is two reading. Chair Russell: Yeah. All right. Seconded by the Chair. So this is RE.5. Ms. Mendez: Is there also going to be ticket surcharge revenues? Chair Russell: No. It's a gross -- Mr. Pathman: No. Its included. Chair Russell: -- of all ticket sales. Ms. Mendez: Okay. There is a ticket surcharge provision in the City Code. Bice Chair Gort: Well, that's fine. Ms. Mendez: All tickets that are sold out at a event/venue have a ticket surcharge. So they need to understand that in addition to their -- all this that's being negotiated now that it's the 10 percent of gross, 6 percent of the ticket sales, plus the ticket surcharge. Chair Russell: Whatever the Code requires. City ofMiami Page 55 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Ms. Mendez: Well, whatever the Code requires. I just need to make sure that they understand that, because then -- Commissioner Carollo: What is the --? Commissioner Hardemon: It's a lower amount per ticket, because it's a scale, too. On that ticket surcharge -- Ms. Mendez: Right. Commissioner Hardemon: -- it's a scale. Ms. Mendez: Right. Commissioner Carollo: What is the scale? Commissioner Hardemon: What is the scale? Chair Russell: It's a little complicated; there's like seven different levels of surcharges. Vice Chair Gort: According to the -- Ms. Mendez: Right. I wanted -- I don't know what the ticket amount is, so I can't really tell you what it is, what the -- Tice Chair Gort: Yeah. Okay. Chair Russell: I thought the ticket surcharge was for events, for a ticket to an event; not for a ride on an amusement. Does it apply then? Commissioner Reyes: This -- Ms. Mendez: It applies. Chair Russell: It does. Commissioner Reyes: Excuse me. This is not a surcharge. If we said we're going to have a surcharge, a surcharge must have a set value. Ms. Mendez: Yes. Commissioner Reyes: This is not a surcharge. This doesn't have any set -- Chair Russell: But she's saying it's an addition. It is a surcharge in addition -- Commissioner Reyes: In addition to it, what is this? If they're selling the tickets at $10, we get $1. Chair Russell: Right. Commissioner Reyes: If they sell it at $12, we get 1.20. Commissioner Hardemon: Right. Commissioner Reyes: And it is no scale, and there is no -- it shouldn't be, because I'd be totally -- City of Miami Page 56 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Commissioner, she's saying -- agreed to all that, but in addition to that, there's a provision in the Code that requires an additional surcharge on any ticket sold. Commissioner Reyes: Oh. Well, an additional 10percent? Chair Russell: Yes. Commissioner Reyes: Ilike that. Mr. Pathman: Commissioner Russell? Chair Russell: Yes, Mr. Pathman. Mr. Pathman: I think the easy --it doesn't affect the 10 percent. We're still offering the 10 percent. If by Code there is a requirement for a surcharge, we will collect that surcharge for the City. I'm not sure that that's the case; I'll need to review it with the City Attorney. But if there is a requirement of the Code, we will honor that in conversation (UNINTELLIGIBLE). Chair Russell: If it applies, it applies; if it doesn't, it doesn't. Ms. Mendez: It applies. Chair Russell: Are you saying --? Ms. Mendez: It applies, so I just -- Chair Russell: And they just said they'll honor it. They said they'll honor it. So -- Ms. Mendez: That's not what he said, but -- Commissioner Hardemon: So we're not going with 40 percent? Ms. Mendez: -- that's not what he said. Commissioner Hardemon: We're not doing that anymore? Chair Russell: Well, because in addition to all that, we still retain the 6 percent flow -through, through the entire Bayside lease. So for me, this is a healthy agreement with us to --you know. Commissioner Carollo: How do you know? Chair Russell: Because I don't want to (UNINTELLIGIBLE.) t Ice Chair Gort: How do you know? Commissioner Carollo: How do you know it's a healthy agreement? If you have -- like we did in Melreese -- a professional firm come in -- like we should in everything we do from here on in this City -- analyze it; an independent firm to analyze what the market value is for W " "Y, " 7, " that we do, you -- Chair Russell: All right. Let's do this right now. Mr. Pathman, how many tickets can be sold in a given evening on the wheel if it were at full capacity? Mr. Pathman: Let me ask my client. I'm not an expert on that. Let me ask my client. City of Miami Page 57 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: We did this two weeks ago, and we asked these questions. Mr. Pathman: We did provide information on what we thought the anticipated ticket sales would be on a yearly basis. You're asking about an evening. Chair Russell: Okay. If you've already done the calculation, what is the gross revenue expected from ticket sales per year on the wheel? Mr. Pathman: Let me introduce Joe Press from Bayside Ashkenazy. Joe Press: Hi. Joe Press, with Ashkenazy Acquisition. We've projected 350, 000 people annually through the wheel at an average of $10 a ticket. Chair Russell: Okay. CommissionerHardemon: That's not enough. That's (UNINTELLIGIBLE). Mr. Press: Oh, I -- Chair Russell: That's an average capacity expectation. Mr. Press: Right. And we truly hope that it's significantly more than that. Just from the operators I've spoken to, they've always fallen short of expectation, so I'm trying to control— hopefully, it's 4 or 500, 000 people, and, you know, maybe the price does get a little bit more than that, so -- Chair Russell: So at 10 percent, that would yield the City --? Mr. Press: So roughly 350, 000, plus whatever it does through the rest of Bayside, it would be the 6 percent. Chair Russell: If we have a ticket surcharge in addition; and so, that's for, you said, 350 rides per -- I mean -- Mr. Press: It's -- Chair Russell: -- how many total rides for the year? Mr. Press: So it's 350, 000 people -- Chair Russell: So that's -- Mr. Press: -- at an average of $10 a ticket. Chair Russell: So -- but 350,000 people -- Madam City Attorney, on a $10-a-ride ticket, what is the surcharge that applies? Ms. Mendez: 75 cents per ticket. Chair Russell: So at 75 cents times 350, 000 -- can someone do some math? Ms. Mendez: If it's $1 to $14.99, it is a 75-cent charge. Chair Russell: Right. So what's 75 cents times 350, 000? Ms. Mendez: I'm not a mathematician. City of Miami Page 58 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Commissioner Gort is taking care of it. Commissioner Carollo: Well, let me -- Vice Chair Gort: 262 -- Chair Russell: 262, 500, in addition. So this is over half a million a year just on the gross revenue plus the ticket surcharge, plus whatever the 6 percent flow -through maybe. That at least gives us a rough feeling for what potential there is here. Commissioner Carollo: No idea. Look, you guys could laugh, you could try to put a cherry on top of the ice cream; whatever you want to do. But I'm hereto tell you the truth, the reality. If for whatever reason you want to give them, anybody here tonight or in the next meeting, or the future meetings sweetheart deals, that's fine. You have that right to do it. I'm going to stick to why I came back to this Commission, to truly do the very best that I can for the residents of Miami. Now, let's begin how this started. Gentleman with the glasses and the beard was telling us at the last time he was here this wasn't going to make any money for them; this was just so they could bring extra people; no money for them. And from no money, now we're going to 350, 000 people. We finally get a very low estimate that there's no professionalism at all in how it was done from the City Administration that says that the estimated revenue to the City ranges between 200 and 480, 000; that they'll make between 2 million, 4,800, 000. That's not money. That's not that they're not going to make any money. They're making money. But the bottom line here is that the handful of places that were used by the Administration are not the ones that really bring the figures we want to see. You could go to the internet right now --and this is no trade secret, nothing else; just what you could find in the internet -- and you're going to find that similar wheels in different places, some with the same manufacturer that they have, have way different estimates than what we've gotten. For instance, you go to T egas. Everybody knows T egas, right? I think everybody would admit that Las T egas is a tourist town; just like, to a great extent, Miami is. According to the Visitors and Conventions Bureau -- certainly, this is what Bayside puts out -- there's some 23 million visitors that we get a year in that area there. 1 egas puts out that they get 39 million in T egas. So in this area of Miami, we get some 23 million people that come a year; T'egas has 39 million. We have 60 percent of the number of T egas. The wheel in Las T egas, if you go to the internet and, if my memory is correct, supposedly makes about 60 million gross. 60 percent of that would be $36 million; very clear, simple math. If you go to the internet and you go to Steel Pier in New Jersey -- and this is in the internet -- wheels you could find everywhere. What it tells you there in the estimates that different newspaper articles have had therefor some time is that they were estimating no less at the time that they were opening, 50, 000 riders, and I think, if I remember, one that said that it could -- they were hopeful that it could even go to a hundred thousand, but they were using the 50,000 estimate. They were using $15 per person, and 12 for a child. So you could figure out that the estimates, even at 50, 000 over there, in a place where they can't operate year-round, because if it gets, as the articles say, cold to a certain degree, they don't operate, and that brings a lot more. So gentlemen, look, how can we truly make a decision what is the appropriate fair deal for the residents that we represent or not if we have not had any kind of real market rate study by a professional? And why should we leave any amount of dollars on the table? We talk so much that we need -- and we do -- so much money for affordable housing, for more City service, for the elderly, and here is a way out of so many that we have at time, but this is one that's right here. Bayside, from what I've heard from them, has not invested into this; it's been the people that brought the wheel. So they're in the same situation that we are in. We haven't invested, either; they haven't. They're our tenant. We own the land; the City of Miami. So how can anyone tell me that 10 City of Miami Page 59 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 percent gross is a good deal or not when no one has really told me what is-- fair deal for us to receive in this? Commissioner Hardemon: Mr. Commissioner. Chair Russell: Yes, Commissioner Hardemon. Commissioner Hardemon: I -- so help me understand how it would become a good deal, because if I were thinking about it as far as revenue projections are concerned, I would think that the more money that they would make -- so say if they were projecting, you know, $1 million a year, then say I million versus 5 million versus 10 million. I would think that a lower percentage point would be okay for a higher yield. Say they were making $10 million, and we said -- if we had, you know, 5 percent of 10 million, we'd be doing good. If we had -- you know, I'm making up numbers -- 4 percent of 7 million, we'd be doing good. If we had 2 percent of -- I'm sorry -- going the other way. Basically, the higher revenue, then the lower the percentage of revenue that we take in. And then the lower revenue -- say, for instance, a million dollars --you have a 10 percent take, because you want to get -- you know, you want to earn a certain minimum dollar amount for the City. So I'm trying to understand what makes it a better deal, because all of these are projections Commissioner Carollo: Well, sure. If -- Commissioner Hardemon: -- because when -- like I lookup the Vegas -- Commissioner Carollo: And that, we agreed on; everything's projections, everything. I mean, the economy could take a dive next year, and any projections in anything across the country is upside-down, so these are all projections. But, see, this is why you went into law and not into business -- Commissioner Hardemon: But at the end of the day -- Commissioner Carollo: -- with that kind of mentality. This is why these guys are in business, because they have the shark mentality, because this is not projecting; oh, we just want to get this out of it. This is about projecting. If they're going to be making 'Y' amount, then we should have a percentage of that, because if -- let's say that you've seen -- and I'm not saying that it's going to bring that -- the I'egas comparison that I used; that it brings 60 percent of what I'egas does; it brings 36 million. And I don't know how they calculated all that necessarily, if it included just a ride or anything else, but 10 percent of that is 3.6 million. But if you have a quarter of all that, which is 50 percent of what Bayside would make, which is what I originally threw out, now you could figure that out. It's going to be a heck of a lot more. Commissioner Hardemon: Right. So -- Commissioner Carollo: And you could really do a tremendous amount with it in the City. Commissioner Hardemon: -- it -- Commissioner Carollo: And this is something that -- look, we own those air rights. We could give it or we don't have to give it. We're in the driver's seat in here, totally in the driver's seat, and for the right reasons; for the people of the City; no other reason than that. City of Miami Page 60 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Hardemon: Would it make more sense to have -- like, if they met a certain projection, then we would get a higher percentage yield from that higher projection? Like, you know how you have basically like at a -- if the revenue projection was a million dollars or so for a certain amount of riders is this percentage -- Commissioner Carollo: Well, look, I -- Commissioner Hardemon: --versus a million? Commissioner Carollo: -- would even be willing to look at that; that you break it in different scales, but, you know, scales are unreasonable. They're saying 350, 000 riders. Okay. We gain the 10 percent on that. But in the event that it goes to 350, to 500, 000, we get another higher percentage altogether. And then if it goes beyond a half million, then we get even a higher percentage. You know, that's another way of doing it, so if they fall -- Commissioner Hardemon: A progressive tax scale. Commissioner Carollo: Well, it's not a progressive tax. This is not a tax. Commissioner Hardemon: No, no, I'm saying -- Commissioner Carollo: This is what we approved to residents. Commissioner Hardemon: No, no, no, not tax -- I'm talking about when you pay your IRS (Internal Revenue Service) bill. The more money you make -- Commissioner Carollo: The bottom line is, what I don't understand, gentlemen, is if we're in the driver's seat -- they're asking for something that they don't have a right to receive. And as you heard here, Bayside has not invested in this ride anything. They'll cry now and tell you they invested so much in the rest of Bayside and so on. They were doing that anyway, and that was part of what they had promised before I got back here; that when it went to another referendum for an extension on their lease. Now, the bottom line is that they don't have a right to those air rights. We're not being, I don't believe, harsh on asking for a fair piece of this. And what I'm talking is Bayside's portion. I don't care what the wheel people make; that's their business. I'm talking about the guy that -- the entity that we have the lease with. These are the ones and the only ones that have the right to ask for an extension on the lease; the ones that have the right to come here and ask us for us to give away our air rights. And again, this started with the representative of Bayside saying this wasn't bringing them any money, whatsoever, you know, nothing. It was just to bring new customers in. And even with the projections, the very low projections, the sobs with cherry on top projection that our Administration brought to us, you see that his crying wasn't truthful. And when he says 350, 000 -- look, I've gone to the internet. I've seen for quite some time what's in the internet about all these different types of wheels, whatever they want to call it. And what it shows, either that some brought in or the projections that some have brought in -- have put in the internet. And you're taking that money from the residents of Miami that need it, so they could put it in their pockets, and laugh to the bank when they deposit it, and that's the problem that have with this whole thing. b Ice Chair Gort: Okay. Commissioner Carollo: You know what? No matter what threats are thrown at me, no matter who wants to come at me, I'm going to represent the people that I should, City of Miami Page 61 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 and just come at me, because I know who's going to be left standing at the end, and I know that I'm doing what's right. So -- Chair Russell: Thank you, Commissioner. And I respect the fight for yielding the best for the City, and I understand what you're trying to do. For me personally, at a dollar -- at 10 percent of $10 dollars, plus 75 cents surcharge, that's almost 20 percent of every ticket being sold. I'm fine with that. If they make a million -- I mean, it's a flat rate. If they make a million, you know, we make our piece. If they make 2 million, we make our piece. So I don't want to stifle their business. I do want to see them successful. I do want to see Bayside earn more, so they can invest more in that property. So I'm okay with the deal as it is. I am glad that you have fought to get us to where we are, because we were just going to get the 6 percent before you brought this up in the first place. Commissioner Carollo: Well, what I do want -- well, thank you for at least giving me credit for that, Mr. Chairman. I appreciate it, I truly do. But there's --just in a couple other items -- about $300 million that each year grows in volume that since I left the mayorship [sic] has been bringing to the City of Miami; that if I hadn't come by here, this City would have missed out on some $300 million that grows every year. And I don't know of anyone that could say they've done that for any governmental agency down here. But Madam City Attorney, can you see if you could find any of these fine chaps, all these colonels that worked intelligence or -- I don't know what they did -- that can possibly find out for us the amount of surcharge per ticket so that --? I mean, my God, we're voting for something, and we don't even know what the surcharge is or not, on top of what is being discussed. Chair Russell: Madam City Attorney. Commissioner Carollo: I mean, it's something small that I'm asking for. So if they could look for it, you know, just humor everybody here with the numbers, because, I mean, we're talking about money that belongs to the residents ofMiami. [ ice Chair Gort: I thought we had that. Commissioner Carollo: This is not about liking someone -- [ice Chair Gort: (UNINTELLIGIBLE.) Commissioner Carollo: -- being a good guy, "Gee, I'm grateful. You gave me contributions to a campaign, " or anything other; or, "You paid for a New Year's Eve party honoring me, " in a big yacht, the Pink Lady -- Chair Russell: Commissioner. Commissioner Carollo: -- and stone crab were served, and big jumbo shrimp were served, or anything else; not about any of that. Commissioner Hardemon: Wait, wait, wait. You had that party? I wasn't invited? Commissioner Carollo: Yeah. [ice Chair Gort: We weren't invited. Chair Russell: Commissioner, the Administration has (UNINTELLIGIBLE). Commissioner Carollo: I think if I had that party in my honor, you would have heard about it. City of Miami Page 62 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: The -- if the Administration would answer the Commissioner's question, please. What is the surcharge? Joseph Napoli (Deputy City Manager): 75 cents per ticket. Chair Russell: Unequivocally. Okay. Thankyou. Commissioner Carollo: Yeah, but my question is, is this -- is it 75 straight, no matter how much they charge, or is it a scale amount? I believe it's a scale amount (UNINTELLIGIBLE). Chair Russell: It's a scale amount. Mr. Napoli: There is a scale amount, Commissioner. I ice Chair Gort: It's a scale, I'm pretty sure. Commissioner Carollo: Well, that's what I'm asking for; the scale amount. Mr. Napoli: The scaled amount is from $1 to $14.99 is 75 cents per ticket. Commissioner Carollo: Okay. It's for -- Mr. Napoli: So -- Commissioner Carollo: -- from $1 -- Mr. Napoli: -- to $14.99 is 75 cents per ticket. Commissioner Carollo: 75 per ticket. Below that? Mr. Napoli: There is nothing below that. Commissioner Carollo: Excuse me -- Mr. Napoli: Above that -- Commissioner Carollo: -- above that. Mr. Napoli: -- $15 to $29.99 is $1. Commissioner Carollo: Okay, it's $1. So by them putting it at 14.99, they could avoid being under the dollar, and we get 25 percent less in tickets. So that's something that this Commission could always change on surcharges, and increase it Lice Chair Gort: We could -- Commissioner Carollo: -- to a different amount. b Ice Chair Gort: We can change all that in there. Commissioner Carollo: That could be done, so that doesn't concern me as much, but at least we've got it in the record what it could be. Now, this Commission could do even more. Now, Madam City Attorney, if you could guide me in this, please. Does this Commission have the right for something of this nature that they're talking about, a new category, create different categories for surcharges? In other words, City of Miami Page 63 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 for this type of concert or this type of event, or this type of ride, do we have the right, and will it hold in a court of law for us to give and place different surcharges for different types of events in the City? Ms. Mendez: I think the question you may be asking is: If we amend it after this, will they be subject to it? Is that what -- more that you're asking -- Vice Chair Gort: Right. Ms. Mendez: -- or just different types of events? In this particular case, as drafted, they need to comply with our ticket surcharge. Commissioner Carollo: I understand, but -- Chair Russell: So if you got -- Commissioner Carollo: -- what is now or in the future; that, I understood, I believe. Ms. Mendez: Right. If it goes up, the way that the contract would be stated, in addition to the different levels that we talked about, the 6 percent and the 10 percent, it will also state the surcharge, as amended -- Commissioner Carollo: Now -- Ms. Mendez: -- that they need to comply with. Commissioner Carollo: -- let me take it to the next step; that's the one that I'm really trying to get to. Could you defend in court that we take certain types of concerts, certain type of activities, certain type of rides, and provide different surcharges for each one? Ms. Mendez: We'd honestly have to do the research for that. I'm sure it has to do with impact, and maybe there could be a natural nexus to that, but that's not how it's drafted right now. Commissioner Carollo: I understand that. But -- Ms. Mendez: We'd have to look at that. Commissioner Carollo: Okay. Then let me rephrase this. Within the contract that we have before us, if we draft a separate ordinance in the future that for 'Y' or this type of contract, we will charge a surcharge of 'X" amount of cents or dollars? Could we do it based on this contract? Ms. Mendez: Well, since this contract is very bare bones at this time, we would have to draft that provision into it that it would be the ticket sur -- that they would comply with the ticket surcharge, as amended. They would have to agree to that -- Commissioner Carollo: Well -- Bice Chair Gort: That's the motion. Ms. Mendez: -- if -- it's totally different. It's one thing to raise the fees, general, but if we established a whole different category, again, I'd have to research that fully. It would have to do with the nexus of the impact of the event, and all those issues, but -- Commissioner Carollo: Next question: Could this deal be approved for one year? City of Miami Page 64 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Ms. Mendez: I mean, it could be approved for the length of time that you want, obviously. Commissioner Carollo: Okay. So, gentlemen, if the City Attorney is saying that we could approve it for any length of time -- Mr. Administrator, I'd prefer, if you want anything to say, if you say it publicly so that we all know what is being said. Daniel Rotenberg (Director): Daniel Rotenberg, Department of Real Estate and Asset Management. I was actually asking the City Attorney if what you consider as a natural progression, if we can split off food and beverage, alcohol, because I think that's what you're really asking for; different surcharges for different items. Commissioner Carollo: Well, no, I'm not saying that. Look -- b ice Chair Gort: Let's go (UNINTELLIGIBLE). Commissioner Carollo: --I do believe -- Mr. Rotenberg: That's just what I said, though. Commissioner Carollo: -- they have an argument to make that even though this will bring more revenue, because of food, beverage, and whatever -- I've read in some different websites, even pictures they take -- you know, I don't know in today's world why you need to pay for a picture if everybody takes selfie, you know. Maybe that's - - be a great job for the Colonel. But the -- so having said that, that will bring them a lot more money. But I'm not counting that, and I'm going to tell you why, because I do believe that they have an argument that that would be part of the ground lease in Bayside. So I do believe that on that amount, they do have an argument to make that that should only be on the 6 percent of the ground lease, because let's say that they weren't going to do this here; they were just going to put a tiki but and a bar or whatever, sell Cuban sandwiches, sell margaritas or mojitos. They pay 6 percent. So this is why I'm not touching that. I'm only talking strictly on the ticket amount on the ride. But since you brought this up, this is another example that they're going to make even more that we're going to make very little on, on that, yeah, because -- Mr. Rotenberg: Through the Chair, may I make a suggestion? Commissioner Carollo: Yeah. Mr. Rotenberg: What's -- move the million, but let's revisit the surcharges in another year, because what you're saying is correct, and they are going to go ahead and make more money. We're getting the 6 percent; we're going to be getting the 10 percent off the top. That actually works out to about 20 percent after you take off expenses. ['ice Chair Gort: Who is that; Manolo? Commissioner Carollo: We lost quorum. Why don't we break for maybe five minutes? You're the Tice Chair. You're the -- F ice Chair Gort: Let's break 10 minutes. Mr. Hannon: So the Commission stands in recess for 10 minutes. Later... City ofMiami Page 65 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: All right. So I believe we have an offer on the table that is of gross, not net. We've established the surcharge. We've established a percentage of gross ticket sales, and we've established the original 6 percent, which flows through. Unidentified Speaker: Correct. Chair Russell: There is a motion; there is a second. This would be a floor amendment to memorialize these proffers; is that correct, Madam City Attorney? Ms. Mendez: Yes. We -- Chair Russell: All right. So does -- Ms. Mendez: -- have to write all that out. Chair Russell: -- the mover accept those amendments? Commissioner Carollo: Yes. Chair Russell: Yes. So does the seconder. Is there any --? We need to open this for public comment at this point. Mr. Hannon: No. It's Item RE 5. Vice Chair Gort: So we have -- Mr. Hannon: When we get to PZ.13, there will need to be public comment. Chair Russell: Fair enough. We did open public comment already for the morning's items, except -- I did say at that time --for any of the time certain, I believe. Did I? Mr. Hannon: If anybody wants to speak at this time, that's -- but you did open it up to the public -- Chair Russell: Right. Mr. Hannon: -- if they were here at that time. Chair Russell: I'll --just in fairness, if there's anyone here to speak on the Ferris wheel item, I'll open public comment. Is there anyone here who'd like to make a public comment? Seeing none, I'll close public comment. Any further discussion from the dais? Commissioner Carollo: Yes. Chair Russell: Commissioner Carollo. Commissioner Carollo: Madam City Attorney, on the contract, proposed contract that you have, is this going to come back to this Commission, or are you going to finalize it based on the vote here? How will this proceed from here on? Ms. Mendez: Right. So basically, we would make the amendments as described, and we're also going to make sure that it's specific to the Ferris wheel; nothing else. So that needs to be amended, plus the amendments and the proffers on the contract numbers that you've discussed, plus adding the ticket surcharge. All that would be placed into the contract, and then all of our standard clauses -- City of Miami Page 66 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Okay. Ms. Mendez: -- with regard to that. Now, you had talked about a timeframe. I don't think that's been discussed further, but -- so I'm just reminding you, you had mentioned a timeframe. Commissioner Carollo: Well, that's where we left it at before Commissioner Reyes fell. And Hardemon, I don't believe what Crespo just put, that -- well, let me leave it at that. I don't want to -- Commissioner Hardemon: For the record, it was a funny; it was sarcasm. You didn't do that. Commissioner Carollo: Well, I know it. I know it. I know it. Commissioner Hardemon: The minutes don't really capture that. Commissioner Carollo: I know it. I'm teasing you. But I think this Commission needs to start more acting like a business board of directors when we're doing business. If you swallow all the crying, if that's what it is and not that much money they're going to make in the foot traffic and everything, and we're going to ignore what all these wheels show on the internet as to gross or the amount of people they get, what they charge, et cetera, and that's on the public domain, then we should go forward and approve it for a one-year timeframe only. Give them a license if that's the way that we could do it, and the City Attorney will guide us, for one year. And then we could revisit what they really made if you're voting based on that, after one year, and this could be looked at again. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: The -- and the only reason that probably would not work is because of financing. If they need to build it, they can't justify taking a loan out -- Commissioner Carollo: Listen. This -- somehow, the City has given them permits. They've been building this. I had a meeting of the Bayfront Park Trust a couple of days ago. They were building away there. So that's not the issue. If you ride everywhere, they're building this wheel already, and ready to go, you know. So it's not a financing issue from what I've seen, whatsoever. This -- and really, this item is about air rights, and only air rights, and what do we want to sell to Bayside -- not to the wheel operators -- our air rights for -- Chair Russell: We don't. Commissioner Carollo: -- so they could use that? What I'm saying is look at that possibility and move forward on what you have brought before here for one year only, and we're revisiting the financial amounts afterwards. I really do think it's wrong on Bayside's part to have shifted monies to the wheel operators that put up all the money into this so they could make more. And -- Chair Russell: [ice Chairman -- I'm sorry. You weren't finished. b Ice Chair Gort: Finish. Commissioner Carollo: Go ahead. tice Chair Gort: Finished? The reason I don't have a problem with this, first of all, the investment is going to be quite a few million dollars investment. As a member of City of Miami Page 67 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 the finance, any time you get into an investment, you're going to have certain -- time certain that you need to be able to recuperate your investment. But at the same time, I don't have a problem with this, because I hope they sell $50 million, because whatever -- if the bottom comes up, it just have to -- the benefit goes up to the City of Miami, also. I think we worked out a good deal, and you helped a lot to work out a very good deal, which I think we have at this moment, so I'm ready to vote on it right now. Commissioner Carollo: Guys, I do believe in that. And again, I thank you forgiving me all the credit, but I don't feel I've gotten across that if we charge for our air rights, what they're truly worth for this, the more it goes up, we're going to make a lot more than the 10 percent right now, and we're in the driver's seat. t ice Chair Gort: Right. Commissioner Carollo: So understand that, because I'm not hearing too much business -like opinions out of this dais today, and I hope going into the future that changes, because I've seen better, savvier businesspeople crash with making even better decisions than these in business, and I'm not seeing that these are savvy business decisions that we're making today. And you mentioned about that investment. Yeah, the wheel people invest, but Bayside, our leaseholder, they haven't invested anything here. Chair Russell: Correct. Commissioner Carollo: That's the difference, and that's the point that I've been making all along. Chair Russell: All right. Fice Chair Gort: Okeydoke. Commissioner Carollo: But after this is done, I fully intend to come back to this board for an ordinance change, and if need be, I'll put it as a Charter change. Chair Russell: On the ticket surcharge? Commissioner Carollo: No; that from here on, all these business deals like this, they have to be done by getting outside expert firms that can tell us what they're really worth. This Commission is not qualified to make those decisions, and I'm seeing that more and more, that we're shortchanging the residents of Miami. So that's my opinion on that. I just want to make sure now that the surcharge, it's spelled clearly in the contract that they signed, Madam City Attorney, that these surcharges could be raised or changed -- Ms. Mendez: As amended. Commissioner Carollo: -- at any time by the City Commission, even before they start in operation, or long after they begin. Ms. Mendez: And Mr. Chairman, I just want a point of privilege if I can. I want to say that I'm -- actually, as City Attorney for the City of Miami and defending the rights of all the elected officials, doing their job on a daily basis, I will tell you that I am very disappointed in this sub -lessee to Bayside trying to sue the City and keep an elected official from voting on an item. I just want you to know that I feel that every elected member of this board is able to do what they're supposed to do, pursuant to Florida Statute, and required to do; they're required to vote on items. The fact that City of Miami Page 68 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 they did this, and obviously, they withdrew their temporary injunction, I just want to say that I am disappointed in that type of action. Vice Chair Gort: Good. Chair Russell: Noted. Thankyou very much. Commissioner Carollo: So they withdraw a temporary injunction, but not the final hammer. Ms. Mendez: Correct. Commissioner Carollo: But -- Ms. Mendez: They still have the (UNINTELLIGIBLE). Commissioner Carollo: -- that's okay. I got some Psalm 91 all the way. Chair Russell: Thank you very much. All right. Let's bring this item to a close. Mr. Hannon: Chair. Chair Russell: Is there arty further discussion from the dais? Yes. Mr. Hannon: Chair, my apologies. Commissioner Carollo, was that a friendly amendment that you're requesting from the maker of the motion regarding the surcharges? Or -- I'm sorry. Commissioner Carollo: Well -- Ms. Mendez: That's already incorporated in what we talked about. lice Chair Gort: That's already in the contract. That's in the contract. Ms. Mendez: As amended -- Commissioner Carollo: Yeah, but it's not -- Ms. Mendez: -- that we would amend -- the contract is also going to state that the Ferris wheel will pay the parking surcharge, or as amended, pursuant to Chapter 53 of the City Code -- Chair Russell: Yes. Ms. Mendez: --as amended Commissioner Carollo: Last, but not least, so that my colleagues up here could all be protected, in RE.5, since this is not a zoning item, it's only a financial item on the air rights, nobody up here has to publicly divulge, like we do in zoning items, whom they had met with or not, correct? Ms. Mendez: We're only dealing with RE.5 right now. Commissioner Carollo: Exactly; only RE.5; that's why I'm saying that. Ms. Mendez: Right. For -- City ofMiami Page 69 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: All right. I want -- Ms. Mendez: -- RE.5, it's just the -- Commissioner Carollo: Yeah. Ms. Mendez: -- City's lease. Commissioner Carollo: I could -- Ms. Mendez: We will clearly define after we pass the exception what the feet will be for this item, because the only thing that's being amended in this fifth amendment is for the Ferris wheel. The location of the Ferris wheel is depicted with the attached and where it is going to be located and the amount of feet, and no more than that. Chair Russell: His only question was, is there a Jennings requirement? Ms. Mendez: No. Chair Russell: Thank you. Commissioner Carollo: No. Ms. Mendez: Not for this item. Commissioner Carollo: No, that wasn't my question. I wanted to put it on the record. I do want to bring something else up to this body that would be good if we incorporate it into the contract; that the City has a right on a yearly basis to do an audit. T ice Chair Gort: Sure. Ms. Mendez: That's per Section 2-67 of the City Code and other items. b Ice Chair Gort: That's automatically. Ms. Mendez: Yeah. Bice Chair Gort: All leases in the City ofMiami has to have an audit. Ms. Mendez: And that's also a provision -- our standard provision in the contracts. Commissioner Carollo: Okay. Can you make sure it's in big bold letters so they could read it? Ms. Mendez: 14 font. Lice Chair Gort: Now, we got to make sure the Administration -- you know -- people does their job. Chair Russell: Fair enough. RE.5 has been amended. It's been moved and seconded. Is there any further discussion? Hearing none, all in favor, say "aye. " [ice Chair Gort: Aye. Chair Russell: Aye. City of Miami Page 70 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Nay. Chair Russell: Anv opposed? Commissioner Carollo: Nay. Chair Russell: Noted; 3-1. .11otionpasses. Thant you. 1=1r. Pathman: Thank von. RE.6 RESOLUTION 6387 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Risk AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO Management MICHAEL COLOMBO, SUBJECT TO ALL CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $233,414.58, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $233,314.58 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-19-0415 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.6, please see Item RE.]. City of-lliami Page 71 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 RE.7 RESOLUTION 6388 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Risk AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND Management ON BEHALF OF ISRAEL PEREZ-PEREZ, SUBJECT TO ALL CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $50,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $49,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-19-0416 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort. Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE. 7, please see Item RE.]. RE.8 RESOLUTION 6398 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Police EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, TO ACCEPT FUNDS FROM THE SCHOOL BOARD OF MIAMI-DADE COUNTY ("SCHOOL BOARD") BY AND ON BEHALF OF THE MIAMI-DADE SCHOOLS POLICE DEPARTMENT ("MDSPD") AND ALLOCATE FUNDS IN THE POLICE GENERAL FUND ACCOUNT NUMBER 00001.190101.514000.0.0 FOR THE PROVISION OF SCHOOL - BASED LAW ENFORCEMENT OFFICERS TO SEVENTEEN (17) PUBLIC SCHOOLS LOCATED IN THE CITY OF MIAMI'S ("CITY") JURISDICTION IN THE AMOUNT OF $70,337.00 PER SCHOOL, FOR A TOTAL OF $1,195,729.00, WITH NO MATCHING FUNDS REQUIRED FROM THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID FUNDS. ENACTMENT NUMBER: R-19-0417 City of_AIiami Page 72 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.8, please see Item RE.]. RE.9 RESOLUTION 6401 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, APPROVING/DENYING THE APPLICATION FOR Planning A HISTORIC AD VALOREM TAX EXEMPTION, BASED ON THE RECOMMENDATION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, TO THE OWNER, HUSA LH JF, LLC, FOR THE HISTORICALLY DESIGNATED PROPERTY LOCATED AT 528 SOUTHWEST 9 AVENUE, MIAMI, FLORIDA, WITHIN THE RIVERSIDE HISTORIC DISTRICT. ENACTMENT NUMBER: R-19-0427 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record: For additional minutes referencing Item RE.9, please see Item RE.]. Chair Russell: I'd like to bring our attention back to FR.5; if l could get a motion for first reading on FR.5, please. Commissioner Carollo: Hold on. Chair Russell: That's peacocks. Commissioner Carollo: No, no, no. That was for discussion; it'll take a lot more on that. If you want, we could take up RE.9. Chair Russell: That's -- Commissioner Carollo: I've had the opportunity to look into during break. Chair Russell: Yes. Commissioner Carollo: I'll make the motion on it. Chair Russell: There's a motion on RE.9; seconded by the Chair. Is there any further discussion on RE.9? This is in favor of allowing; not disallowing, correct? Commissioner Carollo: Yeah, allowing. City of Miami Page 73 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Yes. 11otion to allow the ad valorem tax exemption on Historic Property 528: seconded Uy the Chair. Anv f rrther discussion? All in favor, say aye. The Commission (Collectively): Ave. Chair Russell: Anv opposed? Todd B. Hannon (City Clerk): As amended. Chair Russell: 11otion passes, as amended. Thank von very much. unidentified Speaker: Thankyou very much. rice Chair Gort: Super. RE.10 RESOLUTION 5757 MAY BE DEFERRED Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING and Mayor THE CITY MANAGER, CITY ATTORNEY, AND INDEPENDENT AUDITOR TO TAKE ANY AND ALL ACTIONS NECESSARY REGARDING ANY IMPROPER OCCUPANCY OR USE OF ANY CITY OF MIAMI OWNED PREMISES BY UNAUTHORIZED BUSINESS ENTITIES INCLUDING BUT NOT LIMITED TO THE MELREESE GOLF COURSE LOCATED AT 1802 NORTHWEST 37 AVENUE, MIAMI, FLORIDA. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.10, please see "Order of the Day" and Item RE.]. City of-lliami Page 74 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 RE.11 RESOLUTION 6513 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE and Mayor OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED FORTY-SIX THOUSAND, EIGHT HUNDRED DOLLARS ($46,800.00) TO UNITED WAY OF MIAMI-DADE, INC., A FLORIDA NOT FOR PROFIT CORPORATION, IN SUPPORT OF THE CENTER FOR EXCELLENCE IN EARLY EDUCATION AND EARLY HEAD START CHILD CARE PARTNERSHIP; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0418 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort. Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.11, please see Item RE.]. RE.12 RESOLUTION 6514 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT Commissioners TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE and Mayor ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00) TO PRESIDIO POLITICO HISTORICO CUBANO, INC., A FLORIDA NOT FOR PROFIT CORPORATION, IN SUPPORT OF ITS HOUSING REPAIR/UPGRADE FOR ELDERLY PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0419 MOTION TO: Adopt RESULT: Note for the Record: For minutes referencing Item RE.12, please see Item RE.]. City Page 75 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 RE.13 RESOLUTION 6524 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT Commissioners TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE and Mayor ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED TWENTY FIVE THOUSAND DOLLARS ($25,000.00) TO NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., A FOREIGN NOT FOR PROFIT CORPORATION ("NAACP"), ON BEHALF OF THE MIAMI-DADE BRANCH OF THE NAACP'S SUPPORT OF ITS FREEDOM FUND; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0420 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort. Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.13, please see Item RE.]. RE.14 RESOLUTION 6462 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMPLEMENT A PROGRAM TO MONITOR Commissioners REPEAT VIOLATIONS AS DEFINED IN CHAPTER 2, ARTICLE X, and Mayor SECTION 2-811 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND EXPEDITE REPEAT VIOLATION CASES TO BE HEARD BEFORE THE CODE ENFORCEMENT BOARD FOR ENHANCED PENALTIES PURSUANT TO SECTION 162.09, FLORIDA STATUTES; FURTHER URGING THE CODE ENFORCEMENT BOARD TO ORDER REPEAT VIOLATIONS TO BE PLACED WITHIN THE MONITORING PROGRAM IMPLEMENTED BY THE CITY MANAGER AND UPON A SUBSEQUENT FINDING OF GUILT AND TO IMPOSE ANY AND ALL ENHANCED PENALTIES ALLOWED UNDER THE LAW, INCLUDING BUT NOT LIMITED TO COSTS AND ADMINISTRATIVE FEES INCURRED BY THE CITY OF MIAMI; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0421 City Page 76 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.]-1, please see Item RE.]. RE.15 RESOLUTION 6484 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING GRANT FUNDS FROM THE Commissioners DISTRICT 1 COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S and Mayor ANTI -POVERTY INITIATIVE ("API") FUNDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWO THOUSAND DOLLARS ($102,000.00) TO THE CITY OF MIAMI'S POLICE DEPARTMENT FOR THE ALLAPATTAH NEIGHBORHOOD ENHANCEMENT TEAM CLOSED CIRCUIT TELEVISION CAMERA INITIATIVE. ENACTMENT NUMBER: R-19-0422 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.15, please see Item RE.]. RE.16 RESOLUTION 6510 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL and Mayor ACTION(S) NECESSARY, IN LAW OR EQUITY, WHETHER LOCAL, STATE, OR FEDERAL, AS IT RELATES TO THE DEPLOYMENT OF ADVANCED WIRELESS INFRASTRUCTURE AND SMALL CELL WIRELESS FACILITIES AND TECHNOLOGY (COLLECTIVELY, "SMALL CELL TECHNOLOGY AND INFRASTRUCTURE"), THE PREEMPTION BY THE STATE OF FLORIDA AND, THE REDUCTION OF THE CITY OF MIAMI'S HOME RULE POWERS AS THEY RELATE TO SMALL CELL TECHNOLOGY AND INFRASTRUCTURE, INCLUDING BUT NOT LIMITED TO INTERVENING IN THE CASE OF FLORIDA LEAGUE OF CITIES, INC. ET AL. V. LAUREL M. LEE, ET AL., CASE NO. 2019 CA 001948 (FLA. 2D CIR. CT.). ENACTMENT NUMBER: R-19-0423 City. of-llialni Page 77 Printed on 1 10%2020 City Commission Meeting Minutes October 24, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.16, please see Item RE.]. RE.17 RESOLUTION 6543 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners THE CITY ADMINISTRATION TO NEGOTIATE AND EXECUTE AN and Mayor INTERLOCAL AGREEMENT AND ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI-DADE COUNTY FOR THE DOWNTOWN MIAMI SIGNAGE AND WAYFINDING SYSTEM PROJECT, CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROJECT 40-1330941. ENACTMENT NUMBER: R-19-0424 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.I7, please see Item RE.]. RE.18 RESOLUTION 6516 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO AMEND THE "AUBURNDALE TRAFFIC Commissioners CIRCLE AT SOUTHWEST 32 AVENUE AND 2 STREET PROJECT," and Mayor OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B- 173665 ("AUBURNDALE PROJECT"), TO INSTALL A RAISED INTERSECTION INSTEAD OF A TRAFFIC CIRCLE; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTION(S) NECESSARY TO EXPEDITIOUSLY DESIGN AND CONSTRUCT THE AUBURNDALE PROJECT AND THE "TRAFFIC CALMING DEVICE AT INTERSECTION OF SOUTHWEST 32 AVENUE AND SOUTHWEST 5 STREET PROJECT," OCI PROJECT NO. B-50505 WITH THE GOAL OF COMPLETING CONSTRUCTION FOR SAID PROJECTS IN MAY 2020. ENACTMENT NUMBER: R-19-0425 City. of-llialni Page 78 Printed on 1 10%2020 City Commission Meeting Minutes October 24, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.I8, please see Item RE.]. RE.19 RESOLUTION 6424 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO and Mayor EXECUTE A COMBINED INTERLOCAL AND MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF WEST MIAMI PROVIDING FOR THE CREATION OF A JOINT ENFORCEMENT ZONE, FOR THE PROVISION OF LAW ENFORCEMENT SERVICES, AND CREATING A MULTI -AGENCY ANTI - PROSTITUTION AND HUMAN TRAFFICKING TASK FORCE PURSUANT TO THE MUTUAL AID ACT, CHAPTER 23, PART 1, FLORIDA STATUTES; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-19-0426 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell. Gort. Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item RE.I9, please see Item RE.]. City Page 79 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 RE.20 RESOLUTION 6659 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER AND THE MAYOR TO CEASE ANY AND ALL Commissioners NEGOTIATIONS WITH MIAMI FREEDOM PARK, LLC IN and Mayor RELATION TO THE PROPOSED DEVELOPMENT ON THE CITY - OWNED PROPERTY LOCATED GENERALLY AT 1400 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA ("PROPERTY"), COMMONLY KNOWN AS THE INTERNATIONAL LINKS MIAMI - MELREESE COUNTRY CLUB, AND DIRECTING THE CITY MANAGER TO INITIATE AND PREPARE A COMPETITIVE PROCUREMENT PROCESS FOR THE DEVELOPMENT OF THE PROPERTY ENSURING THE BEST RETURN TO THE CITY OF MIAMI, INCLUDING BUT NOT LIMITED TO HAVING A LUXURY HOTEL AND GOLF RESORT ON THE PROPERTY; DIRECTING THE CITY MANAGER TO RETURN TO THE CITY COMMISSION FOR APPROVAL OF SAID COMPETITIVE SOLICITATION PRIOR TO ISSUANCE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Note for the Record: Item RE.20 was deferred to the November 12, 2019, Special Commission Meeting. Note for the Record: For minutes referencing Item RE.20, please see "Order of the Day, " Item RE.], and Item PH. S. END OF RESOLUTIONS Citj,- of-llialni Page 80 Printed on 1 10%2020 City Commission Meeting Minutes October 24, 2019 SR — SECOND READING ORDINANCE SRA ORDINANCE Second Reading 6586 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), SUPPLEMENTING ORDINANCE NO. 11693 and Mayor ENACTED ON AUGUST 14, 1998, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF NOT TO EXCEED SIXTY-TWO MILLION DOLLARS ($62,000,000.00) AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI ("CITY") PARKING SYSTEM REVENUE REFUNDING BONDS, TAX- EXEMPT SERIES 2019 ("SERIES 2019 BONDS") ON BEHALF OF THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF OFF-STREET PARKING A/K/A MIAMI PARKING AUTHORITY ("DEPARTMENT") FOR THE PURPOSE OF REFUNDING ALL OR A PORTION OF THE DEPARTMENT'S OUTSTANDING PARKING SYSTEM REVENUE AND REVENUE REFUNDING BONDS, TAX-EXEMPT SERIES 2009 ("SERIES 2009 BONDS") PREVIOUSLY ISSUED ON BEHALF OF THE DEPARTMENT; PROVIDING FOR THE FUNDING OF THE RESERVE ACCOUNT, IF REQUIRED; PROVIDING FOR THE PAYMENT OF CERTAIN COSTS OF ISSUANCE IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2019 BONDS; MAKING CERTAIN FINDINGS AND DETERMINATIONS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF THE DEPARTMENT ("DIRECTOR") THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE SERIES 2019 BONDS; APPROVING THE SENDING OF A CONDITIONAL NOTICE OF REDEMPTION; AUTHORIZING THE REFUNDING OF THE SERIES 2009 BONDS; RATIFYING, CONFIRMING, AND APPROVING THE SELECTION OF THE UNDERWRITERS AND THE FINANCIAL ADVISOR BY THE FINANCE COMMITTEE AND THE DEPARTMENT FOR THE SERIES 2019 BONDS; AUTHORIZING A NEGOTIATED SALE OF THE SERIES 2019 BONDS; AUTHORIZING THE NEGOTIATION, EXECUTION, AND DELIVERY OF A BOND PURCHASE AGREEMENT BY THE CITY MANAGER AND THE DIRECTOR, IN A FORM ACCEPTABLE TO THE DEPARTMENT'S CHIEF FINANCIAL OFFICER ("CFO"), THE CITY'S CFO, THE FINANCIAL ADVISOR, THE CITY ATTORNEY, DISCLOSURE COUNSEL, AND BOND COUNSEL; APPROVING UNCERTIFICATED BOOK - ENTRY ONLY REGISTRATION OF THE SERIES 2019 BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR TO DISTRIBUTE A PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, DISCLOSURE COUNSEL, AND BOND COUNSEL; DESIGNATING A TRUSTEE, PAYING AGENT, AND BOND REGISTRAR; AUTHORIZING THE NEGOTIATION, EXECUTION, AND DELIVERY BY THE CITY MANAGER AND THE DIRECTOR OF A TRUSTEE, PAYING AGENT, AND BOND REGISTRAR AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL; AUTHORIZING THE NEGOTIATION, EXECUTION, AND DELIVERY OF A DISCLOSURE DISSEMINATION AGENT AGREEMENT BY THE CITY MANAGER AND THE DIRECTOR, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, DISCLOSURE City of_AIiami Page 81 Pr-inted on 110 2020 City Commission Meeting Minutes October 24, 2019 COUNSEL, BOND COUNSEL, AND DESIGNATING DIGITAL ASSURANCE CERTIFICATION, L.L.C., AS DISSEMINATION AGENT THEREUNDER; AUTHORIZING THE CITY MANAGER AND DIRECTOR TO OBTAIN A BOND INSURANCE POLICY AND/OR RESERVE PRODUCT; AND AUTHORIZING THE CITY MANAGER AND DIRECTOR TO NEGOTIATE, EXECUTE, AND DELIVER ANY AND ALL AGREEMENTS IN CONNECTION THEREWITH, ALL IN A FORM ACCEPTABLE TO THE DEPARTMENT'S CFO, THE CITY'S CFO, THE FINANCIAL ADVISOR, RISK MANAGEMENT DIRECTOR, THE CITY CLERK, THE CITY ATTORNEY, DISCLOSURE COUNSEL, AND BOND COUNSEL; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY AND THE DEPARTMENT TO TAKE ANY AND ALL ACTIONS DEEMED NECESSARY OR REQUIRED IN CONNECTION WITH THE NEGOTIATION, ISSUANCE, SALE, AND DELIVERY OF THE SERIES 2019 BONDS AND THE REFUNDING OF THE SERIES 2009 BONDS, IN CONSULTATION WITH THE CITY MANAGER, THE CHAIRMAN OF THE BOARD OF THE DEPARTMENT, THE DIRECTOR, THE DEPARTMENT'S CFO, THE CITY'S CFO, THE FINANCIAL ADVISOR, THE CITY ATTORNEY, DISCLOSURE COUNSEL, AND BOND COUNSEL; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: 13866 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: All right. SR.1. Could it be read into the record, please? Commissioner Carollo: lIlr. Chair. I'll be back: in two minutes to vote. so -- Chan-Russell: Sure. fT'e've got a little time. TTe won't vote withont von. ConnnissionerCarollo: Thankyon. ConnnissionerReves: Doinggood. T'ictoria -11endez (CitvAttornev): Chairman, ii hich item? Chair Rnssell: Actually, go ahead and start reading in the SR (second reading) item, and I'll -- Tice Chair Gort: SR.1. Chair Rnssell: -- SR.1, please. The Ordinance was read by title into the public record by Depnty Citv Attornev Barnabv Alin. City of-lliami Page 82 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 Later Chair Russell: I'll start with SR.1, the Miami Parking System Revenue Refunding Bond. ti ice Chair Gort: Move it. Chair Russell: Moved by Commissioner Gort. Commissioner Reyes: Second Chair Russell: Seconded by Commissioner Reyes. Is there any discussion on this item? Seeing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? SR.1 passes. Thank you. IN101exal; MNNQ0111VNFilW10[eye]VQ10Fil0[a]4 City of Miami Page 83 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 FIR - FIRST READING ORDINANCES FRA ORDINANCE First Reading 6357 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY REPLACING THE TERM "SPECIAL MASTERS" TO "SPECIAL MAGISTRATES' THROUGHOUT CHAPTER 2/ARTICLE X TO BE CONSISTENT WITH CHAPTER 162, FLORIDA STATUTES AND BY ESTABLISHING A NEW SECTION 2-830, TITLED "ALTERNATE CODE ENFORCEMENT SYSTEM"; PROVIDING FOR THE ADOPTION OF AN ALTERNATE CODE ENFORCEMENT SYSTEM THAT GIVES SPECIAL MAGISTRATES THE SAME AUTHORITY AS THE CODE ENFORCEMENT BOARD TO HOLD HEARINGS AND IMPOSE FINES, COST, LIENS, AND OTHER NON -CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY CODE; PROVIDING FOR THE QUALIFICATIONS, APPOINTMENT, POWERS, COMPENSATION, AND RETENTION OF SPECIAL MAGISTRATES; CLARIFYING THE ROLE OF THE CITY ATTORNEY WITH RESPECT TO SPECIAL MAGISTRATES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, .Section 2-33(k), Miami City Code, item FR.] was continued to the November 21, 2019, Regular Commission Meeting. ChctirRzrssell: Please read the FR (first reading) items, cis well, Barnaby. Barnabv_llin (DepntyCii7,,Attornev): FR.1: The Ordinance was read by title into the public record by Deputy City Attornev Barnabv Alin. _llr. Alin: FR.2: The Ordinance was read by title into the public record by Deputy City Attornev Barnabv Alin. -A Ir. Alin: FR.3, I believe is deferred, correct? FR.4: The Ordinance was read by title into the public record by Depxty City Attornev Barnabv -Alin. _1Ir.11in: FRS: The Ordinance was read by title into the public record by Deputy City Attornev Barnabv -Alin. City of-lliami Page 84 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 Mr. Min: And FR.3, my mistake The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Russell: Thank you, sir. Thank you. So, gentlemen, we've read all the ordinances into the record so that we can take them up one at a time, and amend as necessary. Later... Chair Russell: FR.1, the Special Master Program. Commissioner Carollo: Can we leave FR. 1 for later, when we have more time? Chair Russell: We will table FR.1. FR.2 ORDINANCE First Reading 6427 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 17/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, Commissioners FLORIDA, AS AMENDED ("CITY CODE"), TITLED and Mayor "ENVIRONMENTAL PRESERVATION/TREE PROTECTION IN GENERAL;" MORE PARTICULARLY BY AMENDING SECTION 17-4 OF THE CITY CODE, TITLED "TREE PERMIT APPLICATIONS, REQUIREMENTS, REVIEW AND FEES," TO PROVIDE AN EXCEPTION FOR A COVENANT IN LIEU OF A TREE PROTECTION BOND FOR AFFORDABLE HOUSING DEVELOPMENTS WHICH ARE PROCURED AND/OR FUNDED BY THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For additional minutes referencing Item FR.2, please see Item FR.]. Chair Russell: FR.2, Environmental preservation; tree protection in general. I -- is there an amendment on this item? No. FR.2; is there a motion on this item, please? Vice Chair Gort: Move it. Chair Russell: Moved by Commissioner Gort. Commissioner Reyes: And I would like clarification on this. What this does is --? Chair Russell: If the Administration -- Commissioner Reyes: The Administration, could you be more specific? Is this going to strengthen our tree ordinance, or what is this going to do? City of Miami Page 85 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Who speaks for the trees? Commissioner Reyes: We speakfor the trees, butt speakfor the people, too. Chair Russell: Mr. Director. Commissioner Reyes: See, Ilove trees, but Ilove people more. Chair Russell: You'll like this one. Francisco Garcia: Francisco Garcia, Planning Director. And in this particular item, I am pleased to speak on behalf of affordable housing. What we are doing for this particular amendment is allowing for affordable housing projects that are somehow subsidized by the City of Miami to -- instead of having to pay a bond in order to preserve the trees, to put forth a covenant in lieu of that bond -- Commissioner Reyes: In lieu of that bond. Mr. Garcia: -- to stipulate to the -- Commissioner Reyes: This is Gort's -- Vice Chair Gort: Yes. Commissioner Reyes: I am co-sponsor, but I wanted to make clear that we have that covenant there. Mr. Garcia: Absolutely. Commissioner Reyes: Okay? I just want to put it in the record. Commissioner Carollo: What -- Commissioner Reyes: Okay, good. Commissioner Carollo: -- is the bond that is required? And explain on the record a little more on thatprocess. Mr. Garcia: Certainly. What we attempt to do in some projects where the construction that is presented that may take place may have an adverse impact on the trees, may affect the trees in some fashion, it's a surety bond so that if anything happens with the tree, there is a financial backing to restore the tree, as appropriate. Chair Russell: Thank you. So it's -- Commissioner Gort, had you already moved it? I believe you did. b Ice Chair Gort: I did. Chair Russell: You want to second it? Commissioner Reyes: I second. Moved by Gort. Chair Russell: Moved by the T Ice Chairman; seconded by Commissioner Reyes. Any further discussion on FR.2? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. City of Miami Page 86 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Any opposed? Motion passes on FR.2. FR.3 ORDINANCE First Reading 5988 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING," SPECIFICALLY BY AMENDING SECTION 62-22 , TITLED "SCHEDULE OF FEES," SECTION 62-23, TITLED "REQUEST FOR REVIEW AND APPEAL," SECTION 62-25, TITLED "WAIVER OF FEES," AND SECTION 62-32, TITLED "SCHEDULE OF FEES," TO PROVIDE CLARIFICATION ON PLANNING AND ZONING FEES, CAP CERTAIN PLANNING AND ZONING FEES, ADD FEE SCHEDULES FOR CERTAIN PERMITS, PROVIDE FOR A SCHEDULE OF REFUNDS FOR CERTAIN FEES, AND ENSURE CONSISTENCY WITH OTHER CITY CODE SECTIONS REGARDING FEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: RESULT: MOVER: SECONDER: AYES: Pass on First Reading with Modification(s) PASSED ON FIRST READING WITH MODIFICATION(S) Manolo Reyes, Commissioner Ken Russell, Commissioner Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item FR.3, please see Item FR.]. Chair Russell: FR.3, TDD (Transfer Development Density) fees. Commissioner Reyes: Yes. I have an amendment. Chair Russell: Yes. Commissioner Reyes: Yes. The amendment that -- Chair Russell: Microphone, please. Commissioner Reyes: --propose-- Chair Russell: Microphone, please. Commissioner Reyes: Oh. The amendment proposed was on Page -- what's the name -- number of the page? Well, it's -- on "P, " it says an additional amount equal to 10 percent -- I mean 15 percent of the value of the capital improvement per Charter 23 (UNINTELLIGIBLE) will be retained. Of that, 5 percent will be retained for Historic Preservation Trust Fund, and 10 percent for the Public Benefit that -- Trust Fund; particularly for affordable workforce housing, as per Article 14, with priority, and 5 percent for the City's Senior Rental Assistance Program, and S percent for the City's Employee Homeownership Assistance Program; that the remaining 5 percent will be divide -- I mean 10 percent will be divided among the City's Senior Rental Assistance Program and the Employee Homeownership Assistance Program that is going to be created, and that is the 15 percent that is going to be retained, and that -- or going to be added -- it is going to be divided as such. City of Miami Page 87 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Would you like to move the item with that amendment? Commissioner Reyes: Yes. Chair Russell: All right. Moved by Commissioner Reyes; seconded by the Chair. Commissioner Carollo: Can you explain the changes? Commissioner Reyes: The changes were the -- before, and -- because I have seen this all been scratched out. Francisco -- Mr. Garcia, could you please explain how did we reach this? Francisco Garcia (Director, Planning): I'm happy to, sir. In this particular case, what we are doing with the ordinance is taking the transfer of development density fees that would otherwise have to be paid. The amount of those fees that remains with the City that is paid to the City is increased through this amendment, an additional 5 percent. So instead of 10 percent of those being retained by the City, it'll be 15 percent, with a specific caveat that of the additional 5 percent, as the Commissioner mentioned previously, that amount will go to the Public Benefits Trust Fund, particularly for affordable workforce housing; and also, 5 percent will go to the Senior Rental Assistance Program and the City's Employee Homeownership Assistance Program. So in the end, we are funding two additional programs for the benefit, as mentioned, of seniors and City employees. Commissioner Carollo: Okay. Thankyou. Chair Russell: Thank you. And — Vice Chair Gort: And the 10 percent? Mr. Garcia: I'm sorry, sir? t ice Chair Gort: The 10 percent. Mr. Garcia: It's made up of those two 5 percentages that I just addressed; senior citizens and City employees. Chair Russell: And if I could, I'd like to direct the Management to make sure and advise City Commissioner staff when this becomes populated with funds -- Commissioner Reyes: Yes. Chair Russell: -- so that we can start considering how it could be used -- Commissioner Reyes: Great idea. Chair Russell: -- so it doesn't -- you know, it may grow and we not know about it, so that's good, but it's a good amendment. Thank you very much. So it has been moved, seconded, amendment, agreed. Commissioner Carollo: Yeah. Chair Russell: Arty further discussion? All in favor, say "aye." The Commission (Collectively): Aye. CommissionerHardemon: I will say -- City of Miami Page 88 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Commissioner Hardemon. Commissioner Hardemon: -- it says, "The funds to be allocated to private property shall be managed through a grant process, administered by the Historic Preservation Office in consultation with relevant City departments. " So it's the -- it's them, looks like, who's going to be making that decision, right? Chair Russell: No. Mr. Garcia: No, sir. Commissioner Hardemon: No? Mr. Garcia: No. The disbursement of the funds is ultimately up to the Administration, not the Preservation Board. Commissioner Hardemon: Okay. I'm just reading from the last -- Page -- Chair Russell: IfI could? Commissioner Hardemon: -- 7 of 8. Chair Russell: So the main amount of the funds goes directly to that person who is selling those transfer development density rights. It's only the fees that go to the City that we're discussing the amendment on -- Mr. Garcia: That is correct. Chair Russell: -- that we'll be managing. Commissioner Reyes: Okay. Through the Chair? Chair Russell: Yes. Commissioner Reyes: Francisco, also, we included and we discussed additional amendments. Are they taken into consideration and --? Mr. Garcia: Yes. Those will be captioned in the revised ordinance. Commissioner Reyes: Okay. Could you please read them? Mr. Garcia: Would you like me to read them into the record? Commissioner Reyes: Please. Mr. Garcia: I'm happy to do so. So I would like to direct your attention to Section 62-663, and we are including language in Sub -Section -- I apologize; make that -- Commissioner Hardemon: You said it right. Mr. Garcia: -- Section 6 -- Commissioner Reyes: You said it right. Mr. Garcia: -- right. Here we are -- 62-663, and we are going to amend the language to be as follows: "It is intended that the Historic Preservation Trust Fund be established for funding to be made available for improvements to qualifying City of Miami Page 89 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 homes in T3 transects and historically -designated resources. " 'And" is the added word there, as opposed to the confluence of 73 transect historically -designated resources. " In Section 62-665, Sub -Section "C, " we are making the following change: It said previously, "80 percent or more of funds will be allocated towards improvements for qualifying homes, " and then it said, "Locally -designated historic resources. " Now, instead, it says, "In T3 transects and locally -designated historic resources," so all single-family residences are now eligible in T3 transects. Additionally, two more changes. Sub -Section 62-665 (C)(1) will be left intact until we get to the point where we say -- Commissioner Reyes: Historic significance of historic -- Mr. Garcia: My apologies. Commissioner Reyes: -- is going to be scratched. Mr. Garcia: In fact, if you'll indulge me, IZl read it in whole, and I think that will make it simpler for your understanding and the public's notice. It says as follows: "Funds to be allocated to private property shall be managed through a grant process administered by the Planning Department and the City's Department of Housing and Community Development in consultation with the relevant City departments, " and then it required external experts. "Grant finds shall be allocated based on the following criteria, in order of importance: One, priority in T3 transects that are unable to sell development rights or density; two, economic hardship, as measured by the income of the property owner; three, age of the property owner, with priority given to property owners 60 years of age or older; four, ownership status, with priority given to: First, to homestead property owners; second, to not -for -profit entities, organizations or institutions providing affordable housing; third, for -profit entities, organizations providing affordable housing; fourth, not -profit organizations; fifth, all other applicants. " Indulge me a moment more. Sub -Section 5: "Ability to complete work within a reasonable timeframe"-- Commissioner Reyes: We're scratching where it says, "historic significance and other historic resources"? Mr. Garcia: Yes; that is correct. That has been deleted. Commissioner Reyes: That's been deleted. Mr. Garcia: Yes, sir. And last, but not least, Sub -Section 2: "Funds to be allocated to publicly -owned resources will be approved by the Historic and Environmental Preservation Board. Publicly -owned' for this sub -section shall mean owned by governmental or public agencies. Up to 20 percent of the fees collected annually may be allocated towards administrative costs and staffing associated with historic preservation. " And that's all I have, gentlemen. Commissioner Reyes: Okay, sir. Thankyou very much. Those are my amendments. CommissionerHardemon: Mr. Chairman. Chair Russell: Yes, Commissioner. Commissioner Hardemon: I'd just like to say I'm happy to see that the Administration really listened to the last time this came up, because a lot of these recommendations that we're talking about to the T3 transect is to protect those areas and to encourage not just the renovation and improvement of historic structures, but City ofMiami Page 90 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 structures in general in those areas so that the entire block now looks presentable, so I commend you on that. Thankyou. Mr. Garcia: Thankyou, Commissioner Hardemon. Commissioner Reyes: Okay. Chair Russell: Thankyou. There's been a motion and a second, with amendment. Is there any further discussion on FR.3? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Is the comp -- PZ.1 is not a companion item of that one, is it? Commissioner Reyes: Yes. Commissioner Carollo: PZ (Planning and Zoning) -- Chair Russell: But that one is being deferred; am I not mistaken? Victoria Mendez (City Attorney): PZ.1 will be deferred in the afternoon. Chair Russell: Okay. That's a different item then. All right. Thank you. That is FR.3 taken care of- and FR.2, we're good. FR.4 ORDINANCE First Reading 6445 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENTS, AMENDING CHAPTER 14/ARTICLE II OF THE and Mayor CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY "DOWNTOWN CODE"), TITLED DEVELOPMENT/DOWNTOWN DISTRICT/GENERALLY;" MORE PARTICULARLY BY AMENDING SECTION 14-27 IN ITS ENTIRETY AND CREATING NEW TERRITORIAL BOUNDARIES AS SET FORTH IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO INCLUDE THE RIGHT-OF- WAY LANDS UNDERNEATH THE MIAMI METRORAIL, ALSO KNOWN AS THE UNDERLINE, FROM THE MIAMI RIVER TO SE 15TH ROAD; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell. Gort. Carollo. Reyes. Hardemon Note for the Record: For additional minutes referencing Item FR.-I, please see Item FR.]. Chair Russell: FR.4, Downtown Development Authority right-of-way lands -- I mean Downtown Development right-of-way lands. Commissioner Carollo: Yeah. This is the one for West Brickell. City of Miami Page 91 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Hardemon: Oh. And also, for the record, I want the -- FR.3 -- well, this is first reading. Don't worry about it. Commissioner Reyes: We'll do it again. Commissioner Hardemon: Yeah. Chair Russell: FR.4. Commissioner Carollo: This is for the West Brickell Park? Chair Russell: Commissioner Carollo has some questions for the Administration. Commissioner Carollo: No, no; no questions. I'm just asking you if this is the extension for the land in West Brickell -- Chair Russell: Yes. Commissioner Carollo: -- on IstAvenue? Okay. I'll make the motion. Chair Russell: Thank you. FR. 4 is moved by Commissioner Carollo; seconded by the Chair. Is there any further discussion? Commissioner Reyes: Nope. Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on FR.4. City of Miami Page 92 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 FR.5 ORDINANCE First Reading 6663 AN ORDINANCE OF THE MIAMI COMMISSION, WITH Commissioners ATTACHMENT(S), AMENDING CHAPTER 6/ARTICLE I OF THE and Mayor CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY "ANIMALS/IN CODE"), TITLED GENERAL," MORE PARTICULARLY BY AMENDING SECTION 6-4, TITLED "SHOOTING, TRAPPING, ETC., BIRDS PROHIBITED; EXCEPTION," TO ALLOW FOR THE RELOCATION OF PEAFOWL, A FLORIDA NON-NATIVE SPECIES, IN A MANNER THAT DOES NOT PHYSICALLY INJURE OR HARM THE PEAFOWL; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO IMPLEMENT A PEAFOWL MANAGEMENT PLAN TO RELOCATE PEAFOWL IN A HUMANE MANNER, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: RESULT: MOVER: SECONDER: AYES: Pass on First Reading with Modification(s) PASSED ON FIRST READING WITH MODIFICATION(S) Manolo Reyes, Commissioner Ken Russell, Commissioner Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item FR.5, please see "Public Comment Period for Regular Item(s) " and Item FR.]. Chair Russell: FR.5, I have some amendments, based on some of the recommendations brought to us by residents and FIU (Florida International University); ifl could just read them into the record. Commissioner Carollo: Can we leave this one for later, too? Because this is going to take a little longer. Chair Russell: I think we'll be pretty quick unless you've got a lot of discussion on it. Commissioner Carollo: I do. Peacocks are beautiful animals; they're delicate animals. CommissionerHardemon: Like cows. Commissioner Carollo: I -- as you all know -- lived in the Grove for a long time, so I'm familiar with a lot of the peacocks. I didn't particularly care that the only white peacock that we had was taken out. Chair Russell: He's still there. Commissioner Carollo: No, no, no. Chair Russell: I took a picture of him last night. Commissioner Carollo: Well, it must be a new one. Chair Russell: Okay. City of Miami Page 93 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: It must be a new one, because since three years back when I moved out, that white peacock had been taken out several years before. But I understand how some of the neighbors feel. But at the same time, this is part of Coconut Grove, peacocks. Chair Russell: Absolutely. Commissioner Carollo: So I want to be very careful how we go about this, and truly give everybody, pro peacock, not so much pro peacock, the opportunity to express their views. And, look, it's part of what I consider now the tradition -- and many do - - of Coconut Grove, and it's a beautiful white peacock. I'm glad someone brought one white -- or maybe it was just a descendant of the white peacock that was taken outyears back. Chair Russell: The sad part is he's beautiful, but the female peacocks don't really like him. t ice Chair Gort: Mr. Chairman. Commissioner Carollo: Well -- CommissionerHardemon: He's sick; that's why. Commissioner Carollo: -- maybe -- Vice Chair Gort: I don't know if you guys looked up the -- you had an opportunity to look up the -- Commissioner Carollo: I haven't; that's another thing. Chair Russell: So this is -- so, gentlemen, no one would not survive this more than I if we get this wrong. This is very crucial for my neighborhood. Obviously, the priority is the preservation of peacocks in the neighborhood. Nobody is trying to remove and eradicate them. What we have is a very high concentration in the north area. If you can picture Bay Heights with a wall around it, and it's got U.S.Ion one side and Bayshore on the other, it's sort of an enclosed enclave, and you've got a few people that are doing a lot of feeding there. The population explosion there has led to so much property damage. And what happens -- and it's very interesting -- the male peacocks become very aggressive, because there's so much competition. They see their reflection in darker cars -- black cars, red cars -- and they use their hind claw, this is like a velociraptor, and they just start tearing up the cars. At that point is when I realized we need to take a responsible action here with a balance, and the amendments I'm going to make completely direct the Management to study the Ranchos Palos I'erdes' management plan, which involves a study every year, which FIU has offered to do with a census, where we only address the overpopulation areas, with a very controlled relocation that's managed by the City -- not the residents -- and through an RFP (Request for Proposals) for a very responsible trapper, relocating to a very responsible sanctuary, a very controlled number, once a year, not during mating season. So it is very well thought out, and I conferred with the peacock lovers to make sure we get this right. But for me, it is very important that we at least move first reading at this point with your support. Commissioner Carollo: I will grant you a first reading. I mean, I won't try to delay it, but I'd just like to at least have the opportunity to glance at that whole pamphlet that was sent, and for us to take it up later today, because it will take a little more time. City of Miami Page 94 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Oh, so you'd like to table the item? Commissioner Carollo: Until later today. Chair Russell: That's fine. Commissioner Carollo: Yeah, that's all. Chair Russell: Thank you. Is there arty further comment on FR -- Commissioner Reyes: Chair? Chair Russell: -- 5? Yes, Commissioner. Commissioner Reyes: Mr. Chair, and in order to be clear, what you are proposing is to relocate them? Chair Russell: Yes. Commissioner Reyes: Relocate them to other areas. Chair Russell: Not to eat them. Commissioner Reyes: Huh? Chair Russell: Not to eat them. Commissioner Reyes: You should try it. Chair Russell: No, thank you. Commissioner Reyes: They taste good. I ate them in Cuba. I'm -- Commissioner Hardemon: I believe you. Commissioner Reyes: Yes, we did. Chair Russell: So over the last few months, the Administration and the Legal Department, they've studied best practices of other cities, and found the right relocation centers, the right relocation specialists, and the right cities that have dealt with this, and Ranchos Palos I "erdes has the absolute gold star version of this, which prioritizes the safety and health of the peacocks. The overpopulation's also causing them to get hit by cars as there's so many of them in the streets now in that one neighborhood. Commissioner Carollo: Well, the problem is not so much the overpopulation. The problem is the size of the peacock's brains. They are one of the most beautiful animals, but one of the ones with the smallest brains, so they don't realize how they're crossing the street sometimes, and that's what the problem -- you know, where the problem lies. But we'll discuss it later. Chair Russell: Thank you. Commissioner Carollo: Thank you. Chair Russell: We'll table FR.5 for the moment. City of Miami Page 95 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Later... Commissioner Carollo: Can we jump into PZ (Planning and Zoning)? Chair Russell: What did you move, Commissioner Gort? Vice Chair Gort: No, I said "super. " Chair Russell: Oh. Lice Chair Gort: They're making great presentations; nice and quick. Chair Russell: I'd like to see if we can finish up the morning's agenda, because I believe PZ -- once we get into it, we are not getting out of it. So for me, my only request -- and I'd love to add my amendments for the peafowl, so that may put you at rest with regard to what we're trying to get through on first reading, but we can have a much deeper dive on second, and I'm sure more residents will come. Commissioner Carollo: Commissioner, we're going to be in these two for a good hour, hour plus. Chair Russell: Peafowl? Commissioner Carollo: P.5 [sic] and the other one that we have from the morning agenda. Chair Russell: The -- well, the other item, the Freedom Park isn't till 6 p.m. The FR.5 peafowl should be relatively simple for first reading, with the amendments I'd like to make. And then I don't believe we have any other morning agenda items, if I'm not mistaken. Mr. Clerk -- Todd B. Hannon (City Clerk): FR.1. Commissioner Carollo: FR.1; that's a long one. Chair Russell: Special Master Program. Commissioner Carollo: That's a long one. Chair Russell: Yes, I agree with you on that. Could we get FR.5 out of the way, if there's a motion? Commissioner Reyes: I move it. Chair Russell: Moved by Commissioner Reyes. Commissioner Reyes: Moveit -- Chair Russell: Seconded by the Chair. Commissioner Reyes: -- on the condition that you don't eat it. Chair Russell: That you don't eat them. Please. Commissioner Reyes: And don't kill them. City of Miami Page 96 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: So the amendment I'd like to add, please, Madam City Attorney, to the title: An ordinance of the Miami City Commission; add "with attachments. " And then right after the words, "steps necessary to implement, " add the words, "a peafowl management plan." So that's where we'll start looking at this. We don't have to implement the plan yet. We have first and second, and l want a meeting with the residents before we go to second reading to take a look at the plan. I want the words, "in a humane manner, " added after 'procedures to relocate peafowl. " And then, I want added, "as described in Exhibit A,' attached and incorporated," and I'll -- and I'd like this management plan that was presented by a resident to be added, just into the record, for the Management to study. Commissioner Carollo: I'd like for you to add that, "This does not apply to roosters or chickens. " Chair Russell: It does not apply to roosters or chickens; peafowl only; the male of which is the peacock. Under Section 6-44, I'd like to add: "The City shall implement a peafowl management plan to address the relocation of peafowl, as described in Exhibit A, " and that will be the plan itself- Exhibit 'A" will be the plan. And in Section 3, the words, "a peafowl management plan to relocate, " be added, "as described in Exhibit A."' And then I'd like to add that we will work -- "The Management will work together with FIU (Florida International University) for the scientific steps necessary for census and management, " and that'll take a load off of the Management side, as well, as they've offered to help us with that. Are there any further comments on -- Commissioner Reyes: Yes. Chair Russell: -- FR.S? Yes, sir. Commissioner Reyes: Yes. I would like to add that this is not to eradicate them; that to control the population of -- Chair Russell: Thank you. Commissioner Reyes: -- and the population is going to be determined by the study that you're going to do with FIU, and meetings with the community. Chair Russell: So please add that as the very first "whereas" clause; "That the spirit of this legislation is absolutely not to eradicate the peafowl population, but to manage them in a healthy way. " And what was the other one? Unidentified Speaker: Don't eat them. Commissioner Reyes: That the population is going to -- have to determine what the population is going to be, before they start -- Chair Russell: Yes, yes. Commissioner Reyes: -- before you start the relocation of them. Chair Russell: Yeah. And honestly, for the majority, 90 percent of the Grove, you're not going to see any change. What we're going to see is a census count that will show a very high concentration in two neighborhoods, and that's where we'll implement the plan on a once -a year basis. All right. Is there arty further --? t ictoriaMendez (CityAttorney): Chairman -- City of Miami Page 97 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Thank you. Ms. Mendez: --just to clarify, since you said that you may meet with neighbors in between, when did you want this for second reading? Chair Russell: I will -- if you want to manage that through my office, we'll coordinate. Just any time between first and second, we'll put together -- Ms. Mendez: Right. Chair Russell: --a stakeholder meeting. Ms. Mendez: The problem is I need to know when second reading's going to be, because if not, it's going to be placed in the November agenda, which is the next -- Chair Russell: But go ahead and place it in the November agenda. Ms. Mendez: Okay. Chair Russell: We'll have the meeting. And if we don't have the meeting, we'll just defer it at that time, but we'll get it done. Arty further discussion on FR.5? Seeing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes, as amended. Thankyou very much. Mr. Hannon: As -- Chair Russell: Yes. END OF FIRST READING ORDINANCES City of Miami Page 98 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 BU - BUDGET BUA BUDGET DISCUSSION ITEM 4971 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Russell: FR.1, would you like to take that up now; the Special Master Program? Commissioner Carollo: No. Like I said -- Chair Russell: Okay. Commissioner Carollo: --in the afternoon. There's no time for that now. Chair Russell: All right. Commissioner Carollo: If we could get maybe into -- Chair Russell: We have three remaining items on the morning agenda, which is the budget items, Mr. Rose, and one discussion item. Commissioner Carollo: D1.4, is that going to be -- Chair Russell: 6 p. m. Commissioner Carollo: -- 6 p.m., also? Chair Russell: Yes. Commissioner Carollo: Okay. Chair Russell: So Mr. Rose. Commissioner Carollo: It's a companion item for (UNINTELLIGIBLE)? Chair Russell: Yes. Commissioner Carollo: Okay. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management and Budget. We have two items before you. BU.1 is a holdover from the July 25 agenda and your offices all received that report back on July 25, so if l could just ask that the Commission accept it, and we can move on to B U.2. City of Miami Page 99 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: You need a motion for that? Mr. Rose: I don't think I do, no. Chair Russell: You do or do not? Mr. Rose: I do not; no, sir. Chair Russell: Okay. We accept. Mr. Rose: Thank you. I just didn't want it to come back one more time. BU.2 BUDGET DISCUSSION ITEM 4972 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Mr. Rose: So the general ledger for the City soft -closed last Friday, on the 18th. We are projected to hard -close tomorrow, so it really is a hard time to give you a solid report on what's going on. We're 23 days into the new fiscal year, so there's nothing to report on the new fiscal year yet. The old fiscal year, though, also remains hard to project. There's a number of un posted accounts, accounts payables, journal entries, planned transfers, employee payouts, and capital transfers still to be done, so it's still in motion as the year ends. With that caveat said, we are expecting to have a surplus at the end of this year. We are expecting to grow the City's general fund somewhat, slightly, but I'm not willing to go on the record at this time as to how much it is, because of so many things in play. The year-end closeout will come before you at the November 21 agenda. We'll bring both an operating and a capital before you; that is still being drafted. There are some changes that we do expect, such as transferring funds that are in non -departmental right now into capital for the Overtown Youth Center. There is an emergency repair at Blanche Park that we've had to do, and some transfers to the Disaster Fund, associated with Dorian. Even though Dorian did not hit the City of Miami, we did do a lot of preparation. We do have three departments that we're looking at possibly going over budget at this time. They are Public Works, Capital Improvements, and Human Services; most of it having to do with timing, but we're still watching all of those things. Again, it's very preliminary, and I'd be happy to take any questions that you may have. Commissioner Carollo: Okay. I -- Chair Russell: Commissioner Carollo. Commissioner Carollo: You just said that we have three departments that are going to be possibly over budget. City of Miami Page 100 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Rose: Yes, sir. Commissioner Carollo: We just started the new fiscal year. Mr. Rose: I'm sorry; I couldn't hear you. Commissioner Carollo: We just started the new fiscal year. Mr. Rose: No; over budget for last fiscal year that we were just -- that we just ended. Commissioner Carollo: Okay. So you're not extending this to this one; we're just dealing strictly with last fiscal year's budget? Mr. Rose: Correct. Commissioner Carollo: And you don't know yet if we were over budget or not in those departments? Mr. Rose: It -- there's still a lot in play. I do believe that we're going to have three of them over budget, but it could change between now and the final, final numbers. Commissioner Carollo: Yeah. That concerns me, Chris, because if you're going to write a check, you better know what's in the bank account. Mr. Rose: Yes, sir. Commissioner Carollo: And -- Mr. Rose: And we will when we bring it to you Commissioner Carollo: Well, yeah, but the problem is if you don't know now, that doesn't give me a lot of comfort for what's been happening. Mr. Rose: Well, the books are not closed yet, and that causes some uncertainty as we go forward. Commissioner Carollo: For sure. That leaves us -- so we could juggle around and pay Peter and take it from Paul, or vice -versa, and -- Mr. Rose: Well, for instance, in Human Services, the Homeless Program, there is a grant that we were expecting to come from the Homeless Trust that has not come yet, so it's a timing issue. It'll be recognized in the new year. But the authority is not therefor the last year, so we will need to bring this to you. Chair Russell: [ice Chairman. t Ice Chair Gort: Do we have a contract -- Fice Chair Gort: -- with Homeless Trust, where they have to pay an amount? Mr. Rose: -- have a contract, but this -- but the functions that happened in that actually did exceed, but we have assurances from the Homeless Trust that they will cover it. In fact, Milton's going to be talking to them tomorrow about this very issue. It actually -- the same exact thing happened last year. It -- City of Miami Page 101 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Vice Chair Gort: Did it exceed because of any emergencies or --? Mr. Rose: It has to do with the families going into the hotels, the homeless families, and we often lag on this one; in fact, it's happened the last two years. Chair Russell: Any further questions for Mr. Rose? Hearing none, all -- no vote necessary. Commissioner Carollo: No vote. Chair Russell: Thank you very much. Commissioner Carollo. Mr. Rose: Thankyou, Commissioners. Commissioner Carollo: No, there -- there's no vote. Chair Russell: All right. Commissioner Carollo: Did you have anything -- well, let's see. END OF BUDGET City of Miami Purge 102 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 DI - DISCUSSION ITEMS DIA DISCUSSION ITEM 6417 A DISCUSSION ITEM, TO BE HEARD BY THE MIAMI CITY Department of Real COMMISSION, REVIEWING THE ADMINISTRATION'S FINDINGS, Estate and Asset RELATED TO OLYMPIA THEATER'S FUTURE OPERATION, Management WHICH MAY INCLUDE, WITHOUT LIMITATION, PARTNERING WITH MIAMI-DADE COLLEGE; RELEASING A REQUEST FOR PROPOSALS; OR, SOME COMBINATION THEREOF. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item DLI was continued to the November 21, 2019, Regular Commission Meeting. Note for the Record: For minutes referencing Item DZ1, please see "Order of the Day. " DI.2 DISCUSSION ITEM 6300 A DISCUSSION ITEM REGARDING A QUARTERLY REPORT OF EXPENSES INCURRED, BUT NOT REIMBURSABLE, SHALL BE Department of PRESENTED TO THE CITY COMMISSION. THE FINANCE Finance DEPARTMENT HAS DETERMINED AND IS REPORTING FOR THE QUARTER ENDED JUNE 30, 2019, THERE WERE NO GRANT EXPENSES INCURRED DEEMED TO BE NON -REIMBURSABLE BY THE RELATED FUNDERS. RESULT: DISCUSSED Chair Russell: The last remaining item for the morning is DI2, discussion on unreimbursed grant expenditures. Commissioner Carollo: That's the one. Chan -Russell: Good morning. Erica Paschal (Director): Good morning, Commissioners. Erica Paschal, with the Finance Department. Per Financial Integrity Principles, we are required to report anv non -reimbursable expenditures on a quarterly basis. For the gnarter ending June 30, 2019, there are none to report. Chair Rnssell: Thank von very ninth. Any questions? All right. City of-lliami Page 103 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 DI.3 DISCUSSION ITEM 6559 A DISCUSSION REGARDING VALIDATING THE MIAMI FOREVER City Manager's BOND TRANCHE 1. Office MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item DL3, please see "Order of the Day. " DI.4 DISCUSSION ITEM 6653 A DISCUSSION OF THE MIAMI CITY COMMISSION PROVIDING AN UPDATE ON THE STATUS OF THE NEGOTIATIONS BETWEEN Department of Real THE CITY OF MIAMI AND MIAMI FREEDOM PARK, LLC FOR THE Estate and Asset LEASE AND DEVELOPMENT OF A SOCCER STADIUM, PUBLIC Management PARK, TECHNOLOGY HUB, ART AND ENTERTAINMENT SPACES, FOOD AND BEVERAGE VENUES, AND A HOTEL AND CONFERENCE CENTER WITH ANCILLARY COMMERCIAL USES AT 1400 NW 37TH AVENUE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Note for the Record. Item DI.4 was deferred to the November 12, 2019, Special Commission Meeting. Note for the Record: For minutes referencing Item DL4, please see "Order of the Day" and Item PH.8. END OF DISCUSSION ITEMS Citj,- of-lliami Page 104 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 PUBLIC COMMENT PERIOD FOR PZ ITEM(S) Chair Russell: All right. We do have a time certain item, which is the Centner Academy appeal, which is -- Vice Chair Gort: We also have Smathers. Chair Russell: What's that? Vice ChairGort: Smathers. Chair Russell: Smathers. Unidentified Speaker: Yes. Chair Russell: How much time do we need for the Smathers item? All right. So what I'd like to do is open up public comment for all PZ (Planning and Zoning) items remaining at this one time. So everyone -- anyone who is here to speak on any of the remaining agenda, and that does not include soccer, because that is now being deferred to another special meeting. If you are here to speak on any of the Planning and Zoning items, please approach the lecterns. Hello. So you'll have two minutes to speak. Please just give us your name and the item you're speaking on. You'll hear a beep at the 30-second point, which is your moment to start wrapping it up. And this is for any of the Planning and Zoning items remaining, including the time certain items, as well. I can't hear you, I'm sorry. Unidentified Speaker: She needs a translator. Chair Russell: Translator? No problem. Do you want --? Is there anyone here to speak that hasn't been sworn in yet? Are there folks who haven't been sworn in? Mr. Clerk, if you could administer the oath once more, please. Todd B. Hannon (City Clerk): For anyone that has not had the oath administered and you're here to speak on any Planning and Zoning items, may I please have you stand and raise your right hand? Again, that's for someone who has not had the oath administered as of this time. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thankyou, Chair. Chair Russell: Thank you very much. Hello, ma'am. Your name and the item you'd like to speak on. Julia Pulles: Thank you very much. My name is Julia Pulles, at 2034 Southwest 22nd Terrace. I am hereto speak and ask you to please approve Ordinance PZ.24. The reason why I'm here today in support of this is because it corrects the issues which have arisen without -- why? Because it will allow for individual ownership of the units on the lots. This helps to amend Ordinance 13114, Article 7, Section 7176 through the severability clause. Thank you very much. Chair Russell: Thank you for your advocacy. "Hola, senor. " City of Miami Page 105 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Jesus Barieras (As translated by Official Spanish Interpreter Alfredo T arela): Good afternoon. I'm Jesus Barieras on the (UNINTELLIGIBLE) Association. Chair Russell: Actually, if the translator could speak really clearly, please. Mr. Barieras (As translated by Official Spanish Interpreter Alfredo T arela): We had other buildings, one that would have -- Chair Russell: Again, I can't hear you. You need to speak super clear. Mr. Barieras: "Nosotros teniamos" -- Chair Russell: "El esta Bien. " You, I need -- you, I can't hear. Mr. T arela: I just needed him to repeat -- Chair Russell: Okay. Mr. T arela: --so I could hear what he said. Mr. Barieras (As translated by Official Spanish Interpreter Alfredo T arela): We had several buildings -- one was 13 floors and one was six -- in Smart Plaza. Now we have the new one that's five floors. What I'd like to bring forward to you is that the residents there are very happy with what's been done with the building, and everything that's been done there. Now we have 315 apartments and we have an eating area within that area, and it's very necessary, because all the people there are of the third age. And I've seen the plans, and I hope that it's going to be built. From what I've seen, it's eight stories. So it's in the eating area that was there before, but now we're going to have a new one; it's larger, modern, because the other one was the construction for 67. And we need your help, because of Albert Milo, the T ice President Albert Milo, and he's helping the elderly community incredibly and we need 10 of him, and he's integrated himself with the people of the third age in helping everybody. Chair Russell: Thank you for your comments. Mr. Barieras (As translated by Official Spanish Interpreter Alfredo T arela): Please, I hope that the construction finishes as quickly as possible. Chair Russell: Thank you for your comments. Good afternoon. Frank Pulles: How are you doing? Chair Russell: Good. Mr. Pulles: Frank Pulles. I'm a homeowner on 22nd Terrace, a very long homeowner; my childhood home. I'm seeking support from the Commission for PZ.24, which calls for individual lot ownership, and we'd like to preserve that. This is a neighborhood going back to the '40s that's always enjoyed and had that, and we want to preserve that, so thank you for that. Chair Russell: Thanks for your comment. Hello. Brian Long: Hello. My name's Brian Long. I'm a homeowner on Buena T ista West, as well as a small business owner. I'm here to support PZ.5, Centner Academy. I think it's great that we are diversifying our neighborhood. I think the children of the neighborhood need options, and there are a few options there. I City of Miami Page 106 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 think we can add some more options into the picture to make it a better environment for all of our kids, and I think Centner is a great opportunity for the neighborhood. Thank you. Chair Russell: Thanks for your comment. Hello, sir. Alan Schwarz: How are you? Chair Russell: Good. Thankyou. Mr. Schwarz: Good. I'm here to speak in support of PZ.12, which is the extension of the use of the nightclub -- Mr. Hannon: I'm sorry, Chair; if we could get the speaker's name. Chair Russell: I'll get it. Mr. Schwarz: Okay. Chair Russell: Your name, please. Mr. Schwarz: My name is Alan Schwarz. I'm the President of the Marquis Owners Association. The Marquis is a 65-story, 300-unit, 130-room hotel structure, which occupies the block front between Biscayne Boulevard and 2nd Avenue. As such, we are the closest building to the building which houses Ell even. Ell even is separated from our building by a surface parking lot and a one-story chiller building. Accordingly and simply stated, that building is our neighbor to the west Of us. The structures -- the only new building that was built has been one that has built -- been built west of us in the huge vacant area that is just east of Route 95. Their presence and omnipresent security in the immediate area west of us is a huge benefit to the Residential Towers, especially at night. Ell even has had a true good neighbor policy, and, in fact, joined my tower in terminating the window -rattling noise that came from the now silenced warehouse nightclubs between the Residential Towers on Biscayne and their facility further to the west. On behalf of the residents of the Marquis and the ownership of the Gabriel Hotel, which is located in the base of our building, we respectfully urge your board to grant Ell even their use extension that they are seeking. Ell even's continued presence in our neighborhood is clearly an asset to our community. Finally, as I am sure you all understand, Ell even is a custom purpose structure, unique for their use. If Ell even does not have the ability to ensure the continued use in their current facility, their commitment to -- Chair Russell: Thank you. Mr. Schwarz: -- our area will, of course, decline, and that will, of course, be of no benefit to the Residential Towers. Chair Russell: Thank you very much. Could I ask -- Mr. Schwarz: Thank you. Chair Russell: --the chambers just for some quiet, please? I know there's a lot of conversations going on; if you could take them in the lobby. Thank you very much. Good afternoon. Michael Slyder: Good evening, Commissioners. My name is Michael Slyder. There are two people that are going to yield time to me. City of Miami Page 107 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Joseph Gajardo: My name is Joseph Gajardo. I'm going to give my time to Mike Slyder. Abraham Mendoza: My name is Abraham Mendoza, and I yield my time. Chair Russell: Six minutes, please. Mr. Slyder: Yes. Thank you. I would like to submit for the record a letter that I sent to Jackie Ellis, Chief of Land Development, to request that the record be corrected. There are a number of issues with this exception; not to mention that Ell even, which used to be Gold Rush, never had adult use; never applied for it. And Mr. Schwarz is incorrect, by the way. He's not the closest residential dwelling to that establishment; Park Place is, and it's 387 feet away from Ell even. Part of the problem with this exception is that it starts out with a gross misrepresentation. They can only get 20 years extension according to 726(A); not 30 years. So it's 20 years they should be asking for. The operators have shown had faith and had conduct over the last several years, including, but not limited to, they constructed deliberately an open-air terrace, and played music for three and a half years, deliberately and illegally violating not only Section 365, but also their 2013 warrant. Some of you know that I ran MEDA, the Miami Entertainment District Association. And part of that -- Commissioner Gort, you and I worked together in Allapattah with an Off -Duty Policing Program. Part of that was, as I said, the Off - Duty Policing Program. I resigned MEDA in December 2017. Ell even took over, killed MEDA, formed a new for profit company called Nas, and Nas runs the off - duty program. FOIA (Freedom of Information Act) records show that Nas did not pay their City surcharges for 11 months in 2018, and only recently paid them. The application for the exception also includes another gross misrepresentation in that the staff -- the Planning staff said, and I quote, "There were no calls for police service since April 17, 2018. " I did a FOIA records request, and there are 453 calls for service. So it's not zero; it's 453 calls for service. And as I said in the previous Commission hearing a month ago, 10 of those calls were illegally redacted. They were illegally redacted, but they weren't done well, and we were able to un-redact them. And for whatever reason, the Miami Police Department has decided to redact eight aggravated assaults, presumably with weapons, and two sex offenses. I'm requesting a few things from the Commission. One, I'd like the Mayor and the Chief of Police to immediately suspend Nas' off -duty policing, pending a full investigation. I think all of us have seen the NBC (National Broadcasting Company) 6 video of the exotic dancer doing handstands on a police car. That, by the way, was in the front of Club Ell even. 726(A), gentlemen, reads as follows: "The Commission may grant by exception an extension for continuance of the use for an additional term of up to 20 years. " I understand there's a lot of different forces at play here, and I get it. I'm realistic. I don't think they deserve one day of that 20 year extension, but please do not give them 20 years. Think about giving them five. You may look at this audience and see that there's probably no one here in opposition of this strip club; no resident. In fact, we just had a resident support it. You may ask why. Well, recently, there was an email sent from Mr. Schwarz, who appeared in support of Club Ell even, to Amal Kabbani, who is the President of the Downtown Neighbors Alliance, and I read it as follows -- this is a quote directly from an email from Mr. Schwarz -- "Amal, I have just gotten off the phone with Louis Terminello, the lawyer who represents Ell even, and all the surrounding property on 11 th Street is owned by that same owner. " Mr. Terminello is the lawyer who worked with me to close Heart Nightclub. So I'm wondering why a lawyer who's representing a nightclub is working with the Association President of Marquis Condominium to close a competitive business. Mr. Terminello should be looking to speak with you and other City officials. Mr. Schwarz should be calling Code Enforcement and seeking violations. I wanted to say to you, I was MEDA President for seven years. I volunteered thousands of hours of my time, and City of Miami Page 108 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 I think I did good work for the City, including many fundraisers for kids and for seniors. Look, integrity counts for something. These guys, you cannot reward them for their bad behavior. I'm asking you to look at the statute. It says very clearly in the PZAB (Planning, Zoning and Appeals Board), Ms. -- Madam City Attorney -- the PZAB on July 17, your -- one of your attorneys said it is one shot they get for the exception for up to 20 years; up to. I'm asking you to consider less than 20, and I hope that you'll considerfive. Thankyou. Chair Russell: Thank you for your comments. Is anyone else here for public comment on any of the Planning and Zoning items for the afternoon? Please approach the lecterns. Joyce Frohman: Good day. My name is Joyce Frohman, and I am here to support PZ.5 on behalf of the Centner Academy. I am a business owner, I am a mother of a nine -year -old, and I believe this school should be allowed, because it's going to help our community. It's going to help not only the community from the area, but many children that need a different type of school. This school is going to bring a different value to our children, and it should be allowed. And I also stand by the belief that Leila and David Centner has a lot to add to our community; they already have. Through my business, they have helped me bring 2,500 children. By the way, I am the owner of FunDimension, in Wynwood, a family entertainment center for those who know. And before I met them, I was able to bring by myself a year a number of 300 to 500 children that could never afford to get a break to come to a place and have fun, because they are allowed to smile. There's a lot of children in Miami that will never make it close to Disney World or Miami Beach. And because of Leila and David, my business now is bringing this year 2,500 children from Overtown Youth Center, from Allapattah, from Wynwood, from -- everything -- from Homestead, from Hialeah. From everywhere in Miami, we're doing this. So I believe that I'm here to support the school. Sorry for my -- I'm nervous. Sorry about that. Chair Russell: You did excellent. Thankyou very much -- Ms. Frohman: Thankyou. Chair Russell: --for your comments. Good evening. Arlene McPhee: Good evening. My name is Arlene McPhee, and I live directly next door to the Centner Academy. I'm here to support them, and I'm here to speak on behalf of my brother, Allen McPhee, and my mother, who's 85 years old. We've been at that property since 1971. We've seen the changes in the neighborhood. My brother died in that neighborhood. So I've seen the changes, and I didn't tell anyone here about that, because I wanted to wait till the right opportunity. But that opp -- that neighborhood has gone through numerous changes, and since they decided to make a school, we see the difference. It's a beautiful addition to the community. My mother support it. At 85 years old, she said she'd rather see a school somewhere where children are laughing and playing, no matter where they come from, no matter what economic background they are; children are children. And any time you bring education to a community, that says something about your community. I just want to let everyone know that we support it, and if there's to be people who are angry and upset and not wanting the school, it should be my mother. We're right next door. We were there when they were building the school. We were there when they brought the bulldozers, the paint, all of the stuff. And I could not say anything but positive things, and especially that it's going to be a brain -- it's a great addition. That's all I have to say. Thankyou. Chair Russell: Thank you for your comments. Madam Holmes. City of Miami Page 109 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Renita Holmes: I apologize. I'm wearing a back brace and I'm trying my best to be brief, as well. I came back for this item, because -- Madam Holmes again, WAT E of Women in Public Housing, Our Homes. That's a neighborhood -- and my condolences to the lady there. I know this very well. I live a couple of blocks up, but the block adjacent to it, my niece was shot, over 347 bullets, and the young man with her. We did not know while driving through traffic -- at that time, I lived much further north of there, and I heard the shots 2 o'clock in the morning. By the time we got there, there was no traffic. My sister-in-law worked at the post office very close, and she was robbed. So I understand this neighborhood. But most importantly, when we began to organize Buena I ista with Acorn, and we were talking about the red -lining, I knew the (UNINTELLIGIBLE). In working with CAA and Social Services, I learned that many of the Head Start vouchers that were taken out -- because those funds, they are mostly use for Head Start vouchers. Head Start Center was moved further south towards Brickell, and you would have to talk to Eileen Higgins and the rest of them about that, and CAA. And so, being an educated woman that lived in a neighborhood that lost blood, sweat, and tears, I understand saying about many children that's coming, but I'm more concerned about my children there, as I still have nieces, nephews, and cousins that live; at least four houses in ownership. I'm concerned that this is precedent when we allow certain commercial zoning or schools for other folks, and we're closing the schools in the area; if not subjecting the parents who have a poverty that live exactly one block away to not qualifying for schools like that. So I see the changes, too. But how -- very most important, the day I see a change that I like is because Planning and Zoning and the level of participation of working parents -- black ones, Haitian ones, Spanish ones -- they're not here, that's who I want to hear from, because if' you coming in my neighborhood to help other people and then you work and then you leave and you go back to your neighborhood, and I can't come over there, and tell you that I know most of the time when we're building schools this day and the schools don't -- and all of them are being involved -- we're building buildings that are going to expand, that the people are there are not affordable. And I live in District 5. Don't give it to me. I've been lobbying all my life. I love patterns and trends. But here's one that you all was trying to step away from the status quo, and I'm so grateful for you. We allow one in on Miami 21, we have no foresight about the expansion up. We have a neighborhood full of homeowners that are now sequestered by tall buildings and traffic increases and things happen, and little traffic reports -- Commissioner Carollo: Ma'am -- Ms. Holmes: -- if -- I'm closing -- traf -- but I'm talking about the prerequisites about impact -- Chair Russell: Yeah. Ms. Holmes: --knowing the full impact. I can close with this -- Chair Russell: Thank you. Ms. Holmes: -- we have five homeowners association. I ain't heard an (UNINTELLIGIBLE) about the project. Stop blaming and playing violins on children to come, and deal with the children that still living in the streets and crossing the streets. Thank you very much. Chair Russell: Thank you for your comments. Thank you. If there's anyone else who'd like to speak, please everybody, line up at the lectern so we can move through it efficiently. I know it's been a long day for everyone. So, please, City of Miami Page 110 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 everyone come up to the lecterns, anyone who would like to speak on any of the remaining Planning and Zoning items. Hello, sir. Nicholas Osborne: Hello. Good afternoon. My name is Nicholas Osborne. I'm here to support -- Chair Russell: If you could pull the mike up. Mr. Osborne: -- PZ.5, in support of the Centner Academy. I was born and raised in South Florida, and the one thing that made a lot of people from our generation move or not do anything, or even go anywhere in life was fear. There's two responses we know about fear; that's fight or flight. But I believe there's one more, and that's to be frozen. If you can't run and you can't fight, you freeze. And I believe that my generation, many people in this life are frozen. And one of the things that has been on the back burner in our country has been education. How do I know this? This is a personal example: I went to Kenya when I was 17 years old -- I (UNINTELLIGIBLE) shared this story -- and I was in a school in the slums and I seen a bunch of kids in a room and I looked at their paper, and I thought the paper was black. But it wasn't black. It was a bunch of writing that was written really small. And the kids were writing three to four different languages very small so they could learn their lessons, because in their country, learning languages is the key to success, so they can move on. The kid I talked to, I looked at his paper, he was seven years old and he could speak my language, and he was living in a slum area. And what I believe that this school will allow kids to do is push themselves, and it will be a great place for people on the outside in this area to look and see what kids can do when they're pushed to learn different things, different languages, and all the things that the Centner Academy is pushing; as well as they're giving opportunity for kids like me, who didn't have a lot growing up, to be educated and pushed in this way. And as we all know, kids need education. We start in Miami with education. Every day kids are born. The first thing we do is learn. So we need to approve this and make sure that we get this going. So thank you for your time, guys. Chair Russell: Thank you for your comments. Dorothy Flowers: Hello. Chair Russell: Hello. Ms. Flowers: I'm Dorothy Evans Flowers, a mother of seven young men; five have graduated high school; two of the seven graduated college. That's my oldest there. These are the younger three. But I come here to support PZ.5. Just knowing Ms. Leila and her husband personally, and I know the support that he's given me along the way, even though I'm retired from the postal service for 14 years; still, that hand, they was always there for me. And it's a great opportunity for the kids to learn a different language. Like three of my seven kids are -- they're not my biological kids, but I've raised them, with the Lord's help. But I couldn't teach them Spanish. The only Spanish I knew is from Ruben Dario at Miami Senior High. But it's a great opportunity if they can learn another language. I'm just supporting -- here in support of that, knowing them personally, and I think it's a good idea. We all can get along and build a community. That's just me. Chair Russell: Thank you for your comments. Ms. Flowers: Thank you. Chair Russell: Does he have anything to say? City of Miami Page 111 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Ms. Flowers: Yes. Tell him what you said outside. Tell him what you said. You said, "yes, " right? Tell them, "I said 'yes. Unidentified Speaker: Yeah. Ms. Flowers: Amen, amen. Don't eat it now. Thankyou. Chair Russell: Thank you for your comments. That was beautiful. Good evening. Leila Centner: Hi, everyone; glad we're finally here; been a long journey this summer, trying to get this face time. But what I want to say is that there's a lot of fear that's been going around from certain neighbors, but we've spoken to many neighbors, and we have petitions of over 80 people in the neighborhood that are all in support of the school. We also already have three kids in the neighborhood who are on scholarship for the school, specifically in the neighborhood; not to mention the other scholarships that we have. This school is about happiness. This isn't really about traffic. This is about egos that were bruised, because we didn't ask permission the way the -- certain people in the association wanted us to ask permission, and because we didn't do that, they're out to get us in this manner. In addition, one of -- the main person who has filed an appeal -- and I'd like to put this on record -- has requested $3 million for his home that's worth $400, 000, in order for us to pull out of the appeal. So people are attacking us, because we have money; yet, it's about the money. And I have witnesses that have heard this, and I've got evidence in writing if that needs to come out. And for the record, his name is KirkMunguia, Jr., and he is the one who requested $3 million for him to pull out of this appeal, and I think that that's really wrong. You don't do that and then try and defame us, and splash our name all over the news when you're the ones that are trying to get money from us for your own needs. So I just wanted to make sure that that got out there. Chair Russell: Thank you for your comments. Ms. Centner: Thankyou. Mr. Hannon: Chair, if I could get the speaker's name. Chair Russell: Your name, please, for the record, Ms. Centner. Ms. Centner: Leila Centner, with CentnerAcademy. Chair Russell: Thankyou. Mr. Fried. Jim Fried: Hi, Commissioner. Thank you. Jim Fried, 555 Northeast 34th Street. I'm here to speak on PZ.22 and PZ.23. These items pertain to the City of Miami Riverside Center at 444 Southwest 2nd Avenue. I know that Commissioner Carollo and Commissioner Gort have strong opinions on this issue. I look forward to hearing their comments. I know that real estate deals are very complicated. There appear to be marry unanswered questions on this particular transaction. I want to thank everybody so much for taking another look Chair Russell: I believe those two items have been continued to the next meeting in November. Mr. Fried: They've been continued? Okay. Thankyou so much. Chair Russell: Thank you for your comments. Is there anyone else here who would like to speak on any of the Planning and Zoning items; anything left on our agenda City ofMiami Page 112 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 today? This is your opportunity. Please approach the lecterns; and everyone else, line up so that we don't have to wait in between. Ulysses Kemp: My name is Ulysses -- Chair Russell: Just a moment, Mr. Kemp; just one moment. So just two more people, or is this line ready -- is this the line to speak? Thank you. I just really appreciate it so we can sort of gauge the time of how marry folks we have left. Mr. Kemp, please. Mr. Kemp: I'd rather wait and let the attorneys go first. Chair Russell: Okay. Hello, sir. Kyle Lucy: Hello. So I've had the pleasure to get a relationship and start working with the Centner family within the last couple of months, and kind of have been through -- going through the situation. Chair Russell: Can I get your name, please? Mr. Lucy: Lucy. Chair Russell: Thank you. Mr. Lucy: And so, looking at the situation of the school opening up in the neighborhood, I'm just looking at the broad scale of what it's doing for the planet, as this is affiliated with the education system, and we see how that's been going lately in society. And so, basically, what's happening is I see this is the beginning Of reverse -engineering the education system of teaching children self-awareness about spirituality, about happiness, emotional intelligence, learning different languages, giving opportunity, and freedom. I'm looking at this for the kids; not necessarily on what's going on in the neighborhood. There's always a lot of variables that happen in different situations, but looking at what this is going to do for the planet and where the planet is at -- Planet Earth, Gaia -- I think it's very important, and this is, you know, catalytic for changing the consciousness and evolution of this planet, starting with the preschool, kindergarten, then moving to an elementary school, and then a middle school, a high school, a college, based on optimizing what it means to be a human being here on Planet Earth. So it's just kind of funny. It's a little no-brainer to me why I'm -- we're supporting the Centner Academy and have been around them and the love that they have, and the power that they can hold to really help change the world. So -- Chair Russell: Thank you for your comments. Mr. Lucy: -- that is all. Chair Russell: Thank you. David Centner: Hi. David Centner. I'd like to speak out for Centner Academy. It's hard for me to add anything additional to what my wife, Leila, and all these other folks that have come out here to support the school. I also would like it to be known that I was a witness, as well, to this attempt to ask us for money, a large sum Of money, to make this matter go away; for closure, if you will, so I'd like that known for the record. I appreciate all the time and thoughtful consideration, Commissioners, that you've made for this school. As a relatively recent transplant back to my native Miami, it's been a very interesting "How do you do?" coming back to Miami. One would think it would be a no-brainer that this -- a school that City of Miami Page 113 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 promises to uplift humanity and give back to the community and support people within the community, and make events open for the community that we would under -- have such obstacles, and it's discouraging. And I hope that when we get past this -- I hope we get past this in a favorable way -- that we can revisit the process of appeals for people who try to do good things for the City and to help streamline the process, because it's sort of discouraging that we have -- required to contend with the process in this manner. Thankyou. Chair Russell: Thank you for your comments. Is there anyone else here who'd like to speak on any of the Planning and Zoning items? L ice Chair Gort: This is -- we discussing all of them, right? Chair Russell: All of them. L ice Chair Gort: Okay. Chair Russell: Any PZ item that's left on the agenda. L ice Chair Gort: Is that --? Chair Russell: Please, everybody, come on up to the lectern. t ice Chair Gort: I have a Jennings disclosure for Number 5(UNINTELLIGIBLE).. Chair Russell: Yes. We -- (UNINTELLIGIBLE).. Rosa Ramos: Good afternoon. My name is Rosa Ramos. I live at 80 Northwest 41 st Street. I am a neighbor, resident of the Buena Vista Heights. There are some things that are being said that aren't true. We tried working with them, for having meetings with us. They've done everything the opposite. We wanted for them to really come and talk with us, talk with the neighborhood. They go out and make their own little meetings. The people that show up to their meetings are people that don't live in the neighborhood. There was only three people there that were from the neighborhood: This young lady right over here, with her babies; a guy by the name of Fianz (phonetic), who lives in the neighborhood. I believe, also, there was a young man that's been -- in the back. The rest have not been neighbors. They don't live there. They don't know what goes on in our neighborhood. Yes, our neighborhood has had problems. I've lived there 50-some years, okay? We've had crime; we've had theft; we've had everything that you can imagine. But, you know, our neighbors, they stick together, and when they see something going on, they call. We have one gentleman who -- be on the phone every five minutes until we got a police officer to stop the drugs in our neighborhood, and you know that's true, okay? We've worked very hard to get our neighborhood back into its place. It's not that we don't want the school; it's just that what is making us fight for our neighborhood is the traffic, the movement, the upgrading of land that they've bought to make it commercial, because they have to do that to make it a parking lot. It's ruining our neighborhood. Investors are actually ruining our neighborhood, and I kind of blame all of you -- Chair Russell: Thank you. Ms. Ramos: -- all of you, because you're letting investors take over. We have a bunch of empty lots, because people think that we're going to sell out so that they can build. Chair Russell: Thank you for your comments. City ofMiami Page 114 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Ms. Ramos: Okay? I hope you really listen to us and understand. Chair Russell: Thank you. Ms. Ramos: I have one more thing to say. Chair Russell: Your time is up, ma'am; I'm sorry. Ms. Ramos: But you had one talk a little longer. I wish I had the money to invest in you, but I don't. Other people have invested in you, and you've kept quiet. Chair Russell: Ma'am, thank you for your comments. The time is up. Ms. Ramos: But I don't -- I think you need to think about that. Think your conscience -- Chair Russell: Ma'am -- Ms. Ramos: -- and your -- and think -- Chair Russell: -- I'm going to turn off your microphone. Ms. Ramos: -- really of what you're doing. Chair Russell: Next speaker, please. Robin Porter: Robin Porter, representing Buena t ista East Neighborhood Association. Commissioner Hardemon: I just want to give a shout out to my mother for investing in me to making sure that I'm where I need to be, because, clearly, that's who she's talking about -- right? -- my mother investing in me. Thank you. Ms. Porter: All right. So we think that this was approved by the Planning and Zoning Board in error. The traffic study -- there was no traffic study done by the City, so we're going to have a huge issue with traffic once the railroad crossing at 42nd Street opens at Northeast 4th Court, and I'm hoping I could get everybody's attention, but I had the attention of two and a half people. I'm a teacher; that doesn't work. I really need your attention, please. Unidentified Speaker: (UNINTELLIGIBLE). Ms. Porter: Well, not only that, but we're missing two. The traffic study wasn't done by the City; it was done by a private organization. They compared the area to Brickell, which is non -similar, completely. This is an office building, zoned T4; it's not a school. The parking is an issue. The parking lot that is T3-L, Miami 21 doesn't even talk about T3-L being converted to a parking lot for a commercial property. The traffic has increased already because of the Design District and the museum, the ICA (Institute of Contemporary Art). This is a regular problem. I have two residents on that street that both have seen a tremendous increase in traffic. And once the railroad crossing opens, that's a huge problem. They have said they're going to cut the number of students down to 120, but they said they're going to expand. And they currently have an application for up -zoning for the entire corner, which they own all three properties. PZ.19-2801, as last checked, is still active. We ask you to shut this down and approve the appeal. This does not belong there. Schools are great. I am a public schoolteacher, 20 years; 20 years. This doesn't help our neighborhood, because most of these people are coming from City ofMiami Page 115 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 the South Beach, Coconut Grove; anywhere where they can afford $25, 000 tuition. Our school -- I -- it's wonderful that they gave three scholarships, but it doesn't support the burden that the rest of the neighborhood will have to bear. Thank you. Chair Russell: Thank you very much. Next speaker, please. Darina Munguia: "Hola, todo el mundo. You necesito tin interpreter." Chair Russell: "Momento, por favor. " Ms. Munguia: "You hablo un poco ingles. " Ms. Munguia (as translated by Official Spanish Interpreter Alfredo b arela): Good afternoon, everybody. God bless you all. Everything that I'm saying here is based on God, because everything that I'm saying here is no lie; everything is based on truth. My name is Darina Munguia. I'm living in 37 Northwest -- over 40 years. My kids arrived there young. I'd like to tell you all the truth. I'd like to tell you the truth about something that happened. A teacher there came with a list, and she told us that we needed to sign. My husband then asked her, "For what?" They had told us that it was to be able to open a school there. It seemed excellent for us based on the way that she had told us; that it was going to be 95 kids only, and 95 kids is nothing. But now she wants to grow, just like any other rich person. In that area, my house is the one that's closest to the area. There was a lot of noise when they were constructing that school. There was no peace; there was a lot of cars, there was a lot of trucks, there was a lot of noise. My husband and I are already elderly people, and we don't have the heart to think of something that's had. I come here to speak the truth, to say that my child is a child of God, and that everybody that speaks through God -- Chair Russell: "Muchisimas gracias, senora. " Ms. Munguia: -- and whoever speaks the truth is a child of God. Chair Russell: Thank you very much for your comments. "Gracias. " Ms. Munguia: I'd like to tell you that my child doesn't need to accept any money, glory to God. And I don't think that my child has said -- or my son has said things that are not true; I don't think that, because, glory to God, we care for them all. Chair Russell: "Gracias, senora." Thankyou. Ms. Munguia: I leave it to --for it to be your criteria to decide, and that God be -- to be the final decider, to be just. Chair Russell: Okay. "Gracias. " Ms. Munguia: Because having a very tall school does not benefit us; a lot of people, a lot of cars. Chair Russell: "Gracias. " Thank you. Okay. "Gracias, senora. " Thank you. Thank you so much. Ms. Munguia: God bless you all. Chair Russell: Thank you. Are there any other speakers for public comment on all Planning and Zoning items? Anyone else? And I'd ask the appellant or appellees City of Miami Page 116 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 to not -- to wait for the item to come up. Are you a --? You're an appellant; am I correct? Mr. Kemp: Yes. Chair Russell: Are you a member of the appellant? Mr. Kemp: Yes. Chair Russell: Yes. So why don't we wait until the item is up, and then we'll give equal time to both sides. Mr. Kemp: Thank you. Chair Russell: At this point, we're just opening public -- comment from the public. Is there any more public comment on any of the Planning and Zoning items remaining? I'm about to close public comment if not. Ma'am, you already spoke, I believe. Ms. Flowers: (UNINTELLIGIBLE). Chair Russell: I'm sorry? Ms. Flowers: (UNINTELLIGIBLE). Chair Russell: No, ma'am. I'm sorry; you already had the time. William Riley, Jr.: Mr. Chairman, just as a point of order. Chair Russell: Yes. Mr. Riley: My name is Bill Riley. I'm an attorney, representing the Centner Academy. I'm going to make an argument that Mr. Ulysses Kemp is not an appellant, and if my argument carries today, he may want to speak now; but, of course, it's up to the will of the board. But part of my argument is he is not an appellant. Chair Russell: Okay. Thank you. That's been noted. Commissioner -- Tice Chairman. Lice Chair Gort: I have a Jennings disclosure; that I met with the attorneys. I met some of the people who live within the neighborhood. Chair Russell: All right. Thank you. Mr. Kemp, that gentleman in front -- was just in front of you; that gentleman right there. All right. Mr. Kemp, go ahead. I would say -- give you two minutes. If you'd like to try to join as an appellant on the discussion, it sounds like it's going to be challenged, but this will give you two minutes now; and then, if you are an appellant, which will be determined, I -- we're not aware of that -- then you'll be able to continue. But you get your two minutes now regardless. That's not going to be held against you in any way. Mr. Kemp: Okay. When I said that I was an appellant, I'm a supporting appellant. The appellant that is actually on the paperwork is going to be Kirk Munguia and his mother and father; however, Kirk is in the hospital at this point in time. He's been in there since Monday, and right now, I'm not certain when he's going to come out, but he is the actual appellant, and the attorney was going to speak on that; however, since I'm going to be speaking anyway, I would like to let you know that City of Miami Page 117 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 the neighborhood associations have been trying to make -- organize and meet with the Centners to try to get the neighborhood involved. I've been the President of Buena L ista Heights Neighborhood for quite some time. When I send out my paperwork, I get response; I get participation from the neighborhood. The Centners, they came in and they decided that, initially, they were going to have a meeting along with us. At the day that we were supposed to sit and make the arrangements, which we had already gave a date and everything, they decided to go out and post their own flyers to have a separate meeting the day before the meeting was supposed to happen that we were supposed to have. Again, that was the initial way they started working with the neighborhood, which was really not working with the neighborhood at all. Also, we've been trying -- I've been trying to meet with them on numerous occasions, even with the pastor in the neighborhood. I tried to set up a meeting with Mr. David Centner. He agreed to it and then he cancelled it. We need to know that we can get the participation -- Believe me, I'm not against a school. I'm against the problem that we have with the traffic, the noise, and the other things that's going to be associated with it, such as the facility, the food, the trash pickup, the people coming and going. It's going to be an initial problem, no matter how you put it. And also, the fact that they're planning to make this a kindergarten right now is what they're proposing in front of you guys, but this is a kindergarten that goes from "K" to the 12th grade. Now, you're talking about 120, 240, and you're talking about 480 cars per day at the kindergarten level. Now, multiply that the next year and the following year and the following year, because they're planning to increase each grade level every year. We're talking about over 5, 000 cars when we get to the 12th grade. When you get to the 12th grade, you're going to be up there, and this neighborhood can't even support the 480 that they're talking about. How can we have a neighborhood that's going to have that many cars coming through? Because nobody's going to go down North Miami Avenue. The traffic is extremely too busy in the morning and in the evening time. They have no other choice other than to go down 1st Avenue or 2nd Avenue to try to go the less route of resistance. This is horrendous to even think that they can do something like that. And then, also, the parcel that they bought on the end of the block and the Courtney Building, which they also are incorporating with this, they're planning to change all the zoning on those to go up even higher to like a T6- 8 or something at the end of the block. That's going to look horrible in the neighborhood; and then, too, on top of that, they're -- already bought houses within the block, which they're planning to encroach further into the neighborhood. Chair Russell: Thank you. Mr. Kemp: This is just a horrible idea for the location of the school. Believe me, I have absolutely no problem with the school. And Ms. Leila -- Ms. Centner, you know, she's very passionate about what she's doing. I respect that; however -- Chair Russell: Thank you for your comments; time's up. Mr. Kemp: -- I think it's the wrong time, wrong place for this to be. Chair Russell: Thank you for your comments. Is there anyone else here? Oh, we have one more behind you. Is there anyone else following for public comment? Osband Thompson: How are you doing? Chair Russell: Good afternoon; doing well. Mr. Thompson: I think my mom downplayed my accomplishments. I graduated college, and also the Firefighter Academy, also. City of Miami Page 118 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Nice. Mr. Thompson: I'm just here to say, growing up, my only way out was football. You know what I mean? Like, I wasn't necessarily the best in school. And I feel like just having a school join the community will help kids like my younger brothers. I'm actually in the hiring process to be a police officer with the City of Miami and also Coral Gables. The reason I chose that, because I wanted to help kids. My father wasn't around. You know what I mean? I feel like if I can actually go out and help the community, not only be a security for the school, but also a police Officer, and it'd help me; it'd help my brothers, also. I feel like the past is the past; no disrespect to my elders. You know what I mean? But it's time we move on and make a change. I've been working with the family for about three, four months, and they always have my best interest. I actually do security for the school -- or I'm going to once it opens up. I graduated, majored in psychology, and I'm just sitting here, most thing I hear people talk about is the traffic. As I see, the other people that are speaking, they care about their community, but, I mean, would you rather crime or traffic? I feel like having traffic there will minimize the crime, if that's what your main concern is. Also, I hear people talking about money. I was always taught -- like you say, your mom invested in you. My mama always invested in me. I was a (UNINTELLIGIBLE) when I went to school. I got loans myself. I felt like everyone -- if you have an opportunity, you should take it. You know what I mean? And these people are trying to give people opportunities, and I feel like the community is a good -- I mean, the school is a great idea for the community. Thank you. Chair Russell: Thank you for your comments. Anyone left for public comment on arty items? All right. So we're going to close public comment at this time for all Planning and Zoning items. ge1:49 31r49»a10I0II0Cr7el0110,010II0Eel kIAMI The following item(s) shall not be considered before 2:00 PM once] V17;1 Wela9:I;817TVA Chair Russell: Calling back to order. Good afternoon, everyone. Hope you had a good lunch. Madam City Attorney, if you wouldn't mind reading the rules of the Planning and Zoning agenda, please. Victoria Mendez (City Attorney): We will now begin the Planning and Zoning items. P&Z (Planning and Zoning) shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission may disclose any communications pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period, or at any other designated time. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City City of Miami Page 119 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present his application or request to the City Commission. If the applicant agrees with staff recommendations, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and the City Code, providing that the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendations they may have. All persons testifying must be sworn in. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action pursuant to Section 2-8. Any documents offered to City Commissioners 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. Thank you. Chair Russell: Thank you very much. Mr. Clerk, if you would administer the oath, please. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any -- any of today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. If the Administration would like to let us know of any withdrawals, deferrals, or continuances for the Planning and Zoning agenda, please; if we could start with Administration, and then we'll do the -- Francisco Garcia (Director, Planning): I am happy to, sir. I have a few items, and following Commissioner Carollo's lead, what I'd like to do is both call out the item itself, the number, and briefly describe the item for the benefit of the public. We would request that Item PZ.1 be continued. Item PZ.1 is an amendment to the Comprehensive Neighborhood Plan on the -- of the City of Miami to discuss transfer of development density. We would like to entertain -- and I believe that there are representatives here who would like for you to entertain the continuance ofltems PZ.2 and 3, both of which are companion items for a land use change and a zoning change for properties at approximately 860 Northwest 1 st Street, and the request there is to change the zoning from T5-0 to T6-8-0. I can discuss further if needed. Chair Russell: Microphone. Commissioner Carollo: Is that coming from your department or from the applicant? Mr. Garcia: I believe the applicants are still in search of an attorney. Commissioner Carollo: Well, they -- look, for whatever reason, an applicant always has the right to hold an item back, so -- Mr. Garcia: Right. City of Miami Page 120 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: -- I'm just wondering. Thank you. Mr. Garcia: My pleasure, sir; have some more items. Item PZ.19, we are going to request that that item, in particular, be withdrawn, I believe, but let me confirm. Yes, there is a request that that item be withdrawn. That was an appeal before you for a school use, grades pre-K through 12, at an address of 3030 Southwest 22nd Street. I would recommend that the Commission listen from the appellants, who are withdrawing. They are here to make their case. Chair Russell: That's the Brito School. Mr. Garcia: Yes, sir. Chair Russell: All right. Commissioner Carollo: The one I resolved. Mr. Garcia: Items PZ.22 and 23, we are requesting that those two items, which are companion items, also be continued. Commissioner Carollo: I'm sorry; what numbers? Mr. Garcia: 22 and 23, sir; PZ.22 and PZ.23. Commissioner Carollo: 22. Mr. Garcia: These are City applications for a rezoning for the parcel at 444 Southwest 2nd Avenue; otherwise known as the Miami Riverside Center. Commissioner Carollo: I'm sorry. I got -- on PZ -- Mr. Garcia: Right. Commissioner Carollo: -- you just said 22 and 23? Mr. Garcia: Correct, sir. Commissioner Carollo: Mine started at 38 here, so maybe I'm -- Chair Russell: No. You got SR.38, so -- Commissioner Carollo: Yeah. Chair Russell: -- go to the right of that, and it'll say the PZ number. Commissioner Carollo: Okay, yeah. All right. Chair Russell: Any others, Francisco? Mr. Garcia: Yes, sir; one more. Item PZ.25, we are also requesting that that item be continued. This is another amendment to the Comprehensive Neighborhood Plan regarding parks, recreation, and open space; in particular, a no net loss policy. Chair Russell: That's 25. Mr. Garcia: That's all have, sir. City of Miami Page 121 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: All right. Thank you. Commissioner Reyes: I would like -- Chair Russell: Commissioner Reyes. Commissioner Reyes: PZ.21. Chair Russell: 21 is the inclusionary zoning. I would like to try to move that forward today; it's first reading. Is there a reason for the (UNINTELLIGIBLE)? Commissioner Reyes: Yes. I have a bunch of questions that I have to clear with the Planning Director, and I -- we spoke about it, and you agree on -- you're agreeing on (UNINTELLIGIBLE). Just defer it to our next meeting. Chair Russell: A continuance. Commissioner Reyes: A continuance. Chair Russell: Yeah. Commissioner Reyes: That's good Chair Russell: There -- I know there are some of the stakeholders here from the Omni area who are interested in seeing this move forward. It is a large zoning change. Commissioner Reyes: Yes, but there is a lot of -- this is the one that says workforce, right? Chair Russell: Correct Mr. Garcia: Yes, sir. Commissioner Reyes: That's right. But there is a --I don't know if you remember that I have been arguing all along that the use of the term, "workforce," it is a misnomer. They are, according to Mr. Garcia, that the persons that they are going to develop them, what it is called "workforce, " they are calculating workforce as 120 percent of the -- Chair Russell: County. Commissioner Reyes: --County -- Chair Russell: AMI (area median income). Commissioner Reyes: -- AMI, you see, and that is not workforce, because that is -- if you do the math, that is close to $ 70, 000. People that make -- and you can -- if you do -- I mean, you are going to charge 30 percent in order not to be -- I mean, people don't be able to pay it -- Chair Russell: Yeah. Commissioner Reyes: -- and that's going to be very close to $2, 000. And what I'm proposing, and I proposed before is that if you're going to call it workforce, you cannot go higher than 100 AMI, County AMI. City of Miami Page 122 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: I do understand. Commissioner Reyes: You see, and that is -- Chair Russell: I understand where you're coming from. Commissioner Reyes: -- my opposition to it, and I would like to have more time to speak with Francisco and see if we can find a solution for it, because "workforce" is a misnomer; it's a misnomer. When you have a city like Miami that the median income is $35, 000, and you're building apartments that are for people that are making over 60, 000; 65, $67, 000, that's a misnomer. Chair Russell: So if I could, Commissioner, I completely understand the spirit of where you're coming from. And in the vast majority of the City, the County workforce does not serve us. It doesn't provide a benefit to those who need any lower level of housing. But I would challenge that in the downtown core where this transect applies, the workforce is a discount; it is a savings. It is very hard to live downtown and find those rates. And so, if you're finding a $1, 600 apartment near the core of downtown -- This is not for the formerly homeless; this is not for those at the truly affordable or ELI (extremely low income) level. This is for a young professional. This is for a college grad who wants to not commute in our -- Commissioner Reyes: Well -- Chair Russell: -- from what the -- and we do need to serve that, because this is the workforce of downtown. And so, they may work in a law firm. They make work at a school. They may work in a firehouse. Commissioner Reyes: Listen. Chair Russell: We need housing for them, as well. Commissioner Reyes: If you -- Chair Russell: Let me -- just let me finish, please, because if -- one -- the other thing, we've studied this -- this has been an experiment now to study this zoning transect now for three years, and three applicants have gone forward and done this as an experiment under these rules and levels with fear, because they're not affordable housing developers. They're not even workforce housing developers. And it has truly proven successful, the carrot and stick method we're using. If we force them to a lower AMI, it will upset the balance of carrot and stick, and they simply won't develop. We're going to -- we'll be in a lawsuit. Commissioner Reyes: Well, sir, I don't think that that'd be the case. Developers develop; that's what they do. If they are going to receive any benefits from us, we are in our right -- Chair Russell: Right. Commissioner Reyes: --to demand. Chair Russell: Agreed. Commissioner Reyes: And that is the problem. That is my problem. And if they want to develop and they can -- want to charge $2, 015, that's their problem. That's the private sector. City of Miami Page 123 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Yeah. Commissioner Reyes: But you are referring to the young professional to -- How about a person that is working in the restaurants in there, in downtown; persons that are working in offices in the downtown? You see, not everybody is making 60 -- You're talking about a teacher. You know, what is the entrance salary of a teacher? Chair Russell: Well, the household salary. Commissioner Reyes: Well, a person, young -- most of these apartments are going to be the single Jam -- I mean, will be either studios or one -bedroom, and all that. What is the salary of a teacher? Now it was raised, $47, 000. You see, we are talking apples and oranges here. If we are going to provide benefits -- I'm not in favor to provide benefits without receiving in return some houses. I'm not even calling them affordable housing, because they are at the hundred percent level of the AMI, you see? But then we have to receive homes -- I mean some apartments or units that they really help people that need -- I mean, that we are here to serve. Chair Russell: No, no, I -- Commissioner Reyes: And that's it, and that's why I'm totally opposed to it, because we are not using -- we are not even using the real AMI of the City of Miami; we're using the County, you see? And we are in the City ofMiami, and we are offering the benefits in the City ofMiami. Chair Russell: Agreed. Commissioner Reyes: You see? And we owe our self to the residents of the City of Miami. Chair Russell: Absolutely. But we did have the conversation months ago about using County versus City, and if we converted to City, which I do agree with you in the concept of it, it would completely upset our apples to apples work with HUD (Department of Housing and Urban Development), with the County, with others, and we would be at a detriment. Commissioner Reyes: Yes, sir. Chair Russell: So rather than changing the name, we need to work within numbers. Commissioner Reyes: Well, let's work with numbers; a hundred percent AMI That's it; a hundred percentAMI. A hundred percent is for people that are making $55, 000. It is more in line with a young police officer or with a teacher -- and not even with a teacher, you see? That's -- the people that you want to attract, they don't make that money, see? They don't make that money, Commissioner. This is reality; it's reality. And the problem is that we, as a City, we want -- provide -- I mean, we don't have the money to build all these apartments for the people that are in need in Miami. What we're using is this incentive for the private sector by receiving more density or whatever that they provide a percentage of the apartments. But if we are going to do that, we have to in return obtain apartments; that they are really going to serve the people that we want to serve. And a $65, 000 salary, it is -- I mean, I bet you that if I ask everybody that is here, "How marry of you are making $65,000 now?" there's very few; very few, okay? And that is my only argument. And when we said -- I brought this since day one that I was -- I mean, that I was sworn in, and since day one, I'm saying, okay, I City of Miami Page 124 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 know that it is almost impossible, because the developers are not -- won't have any incentive, blab, blab, blah, but let's not go to AMI -- I mean, City AMI, but let's go reduce the percentage of the County AMI in order to make it a little bit more real. Chair Russell: Right. Commissioner Reyes: And that is my only concern and -- Chair Russell: I do understand. Commissioner Reyes: -- I mean, you can vote for it, but that's it Chair Russell: Director Garcia, if I'm not mistaken, when we created T6-24-B was the time to address the actual levels ofAMI At this point, we're just applying the map for the given transect zone that we created before; is that correct? Mr. Garcia: That is what's before you today, yes. Chair Russell: Yes. And so, really, it's -- we had this discussion and debate back at that time. Commissioner Reyes: And I told him -- and I told him a long time ago -- that I want a -- because I do understand. I do understand. If you're going to offer, let's say, 10 apartments, that they are at 60 percent or 50 percent of Coumy AM[ -- Vice Chair Gort: Right. Commissioner Reyes: -- I know that is low rent. And then you want to compensate the other apartments that are -- or the other units, that they are included in that offer, you see -- Chair Russell: Mm-hmm Commissioner Reyes: -- with 100 and some of workforce, workforce, workforce. I mean -- and then that they are workforce. But the problem is this: The problem is that when you explain that you have -- are going to charge up to 140, I know that it is custom. I know, but I'm not here to follow custom. I'm here to face reality, what is going on in our City and in our County, you see. And when you say this is going to be 140, that's much worse; close to 80,000. And 120 still is too high. And then, when I said a hundred. Now, I -- let me tell you this, and I am going to be very blunt, okay? If you want -- and that's the way that I said it. I don't have anything against people making money, building, and doing whatever they want, because that's the -- I -- that is our system that we have. It's a free enterprise, and I will give my life for this system. But when you come to a government office, when you go into a government body and you are asking that you're going to receive benefits, you see, we should receive benefits that is going to help the people that need it the most, okay? Now, if you don't want to charge those -- I mean those rents or -- I mean, deal with people that are making -- if you want to deal with people that are making 65, 000 and over, hey, don't ask for benefits. Go ahead and develop, and that's it, you see? Chair Russell: So I would love to have a sunshine meeting with you in the Omni at one of these towers. You would be incredible -- Commissioner Reyes: Oh, let's. I understand -- Chair Russell: --please, let me finish. City of Miami Page 125 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Reyes: In Miami Beach if you want, okay? Chair Russell: You would be incredibly impressed at the financial diversity of the people that are living in these towers. These are non -affordable developers producing workforce housing for our city in the downtown core, and these are -- it is impressive, and it has worked. The three towers they've built are leased out. They have 14 percent workforce in them. If they're a condo or for retail, they have 10 percent for sale. You know, it doesn't solve our problem and it would not even put a dent in other parts of the City, but in our downtown core, I believe this is a big solution. And we are holding the feet to the fire of a very large section of the City in an unprecedented transect zone statewide to do this. So I want to see it work. I don't want to squeeze it so hard that we lose the ability to actually encourage them to produce it. Commissioner Reyes: Yes. Chair Russell: But what I'd hoped for is we could at least have this discussion with the whole dais. Commissioner Reyes: No. No, I'm not going for it. But we have -- I would make a motion to defer it; a motion to vote on it, and with that, ask for denial. Let me tell you this, Mr. Commissioner. This is -- I don't care how many people are living there, probably, and they are different incomes, and some of them, they will be -- I mean, they will be -- rent, the rent will cost them a lot of problem. I walk this City all over, and I -- there are people that they are paying $1,600; they're paying $1,600 in other areas. But they are using -- most of them be using probably 60 or 80 percent of their salary in rent, you see? I mean, because there are people that are living there doesn't mean that they are not suffering, because maybe they are making $50, 000 a year, but then they are using more than $1,600, because you only -- I mean, the rule of thumb is 30 percent of your gross income. But what you don't understand is we calculate the rent on gross income, but the people pay the rent on net income. You know whatl mean? Which is a lot higher than 30 percent of the gross income. You see what I mean? Chair Russell: Of course. Commissioner Reyes: Okay. And what I'm saying is you can -- I can show you people that are living in Flagami that they are paying $1,400 for an apartment, but the question is not how much they're paying. How much of their gross income -- how much of the net income they have to dish out, and what do they have left? You see, that is my problem. Chair Russell: Here's my hope with this dais, because we do have different philosophies of affordability. There's an affordable item in your district that you're working on and that you -- I know you've been working directly with the developer, and you know those residents very well, and I'd like to support you in that item, as well. And I'd like your support, which may not be within -- fully within your philosophy, because it doesn't go deep enough. And I understand the want to go deeper, butt understand the limitations, so -- Commissioner Reyes: But -- Chair Russell: -- please let me finish. I let you finish. So I would either help, work for your support, or just get out of the way. But to just defer, defer, defer if you're never going to agree doesn't really help us. City of Miami Page 126 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Reyes: Let's not defer it. Let's go back down to a hundred percent, and that's it. Everybody happy, and then we can just start dancing; that's it. I'm not saying -- I'm not asking to defer for the sake of deferring -- Chair Russell: So is -- Commissioner Reyes: --because lam against. What I'm asking is for a fair, fair - - what I consider fair rent that these people are going to receive in exchange for additional density that we are giving them that we don't have to do it. Chair Russell: I get it. I'm happy with the rent we're receiving, and it's going to produce thousands of units in that district in workforce. Commissioner Reyes: Well, then -- Chair Russell: And it's not as deep as you would want it to be, and I understand that, but in order for us to incentivize carrot and stick, the development that happens there to produce what we want on their voluntary basis is not an easy task, but we're doing it. Commissioner Reyes: I bet you three peacocks that if you go to a hundred percent of AMI, none of them are going to say, "Oh, I'm not going to do anything. " It's only about five or 10, 15 apartments, but you take the bet? Three -- Chair Russell: Three peacocks? Commissioner Reyes: --peacocks. Chair Russell: I haven't got them to give to you. Commissioner Reyes: Okay. Chair Russell: We haven't passed that legislation yet. Commissioner Reyes: Well -- Chair Russell: We pass that, then we can talk. Commissioner Reyes: Okay. And I'm going to support you on that one. Okay. Chair Russell: All right. b ice Chair Gort: Mr. Chairman. Chair Russell: Yes, Tice Chairman. ['ice Chair Gort: Let me ask a question. What kind of benefits are these individuals are receiving? Mr. Garcia: I'm not sure. What is before you today is the actual implementation of the ordinance. b ice Chair Gort: Right, I know it. Mr. Garcia: According to the ordinance, the benefit for the developer, for the property owner is a significant increase in what we call FLR, floor/lot ratio, which City of Miami Page 127 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 is development capacity for the site, and that would jump from approximately 16 today to 22.4 -- Commissioner Reyes: See? Mr. Garcia: -- which is significant. In exchange for that, then they have two options, because this is inclusionary zoning. Vice Chair Gort: Right. Mr. Garcia: That development capacity is available by right, and in competition for that, they would then have to provide either 14 percent of the units developable at the workforce housing level, or 10 percent at the affordable housing level that is -- that was at 60 percent. Those are the two settings today. b ice Chair Gort: Let me give you a suggestion. I think maybe you should -- guys have a sunshine meeting and look at it. Also, you know, we want affordable housing and workforce, but we have to look at the workforce and assign the workforce in certain places, and that's -- we need to analyze that, and we need to look on that. We -- because you need people --for example, right now the -- in Allapattah, you got the Health District. It's bringing a lot of professionals, a lot of doctors, a lot of professionals that would like to live close to the neighborhood. Commissioner Reyes: Yes. b ice Chair Gort: And they might need that type of facility. I think -- and we should discuss it with the -- also with the developer. Look, you're going to get this benefit. Is it worth it or not? Then don't do that deal; just do regular construction. Chair Russell: So right now, this Omni area has been land -banked for years -- decades -- and not developed. The density is there and always has been, but the FIR has never been there to unlock that density. So, clearly, they all want that FIR. With or without it, the market rate luxury has been creeping westward. As the crime rate goes down and as the capacity fills up at the waterside, this Omni area is our next completely gentrified neighborhood. This is our chance to set aside 14 percent of all the units developed here for this workforce level, and I know with this formula it works. At a deeper formula, I don't know that it works. And so, that's why I'm confident and comfortable that this will produce the greatest amount of workforce housing we've ever seen in our downtown core, and I'm happy to push it forward. I know it doesn't get full support, but I don't need full support; I just need enough to get it passed. So that's where I'm just gauging - Commissioner Reyes: You make reference to the -- my project that I have in my district. Chair Russell: Yes. Commissioner Reyes: Well, the project that I have in my district is for senior citizens; it's for senior citizens. You're comparing apples -- Chair Russell: No, I'm not comparing it at all. Commissioner Reyes: Okay. If you want to try to kill that, kill it. But -- Chair Russell: I'm just saying -- City of Miami Page 128 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Reyes: -- I am -- what I'm working is for those people that really needs help, and both of the project that I have, it is to provide decent housing units to people that makes 6 and 7 and $800 a month, and they live infixed income. Chair Russell: Commissioner -- Commissioner Reyes: What I'm trying to do with workforce is that people -- I mean, to try to provide units to people that they are not professionals; people that are working; people that are -- they --I mean, they are -- they're very, very, very -- I would say stressed to make the payment, because I talk to them every day, you see. I visit my neighborhood. I talk to people in a cafeteria and I talk to people in restaurants and I talk to people on the radio when I am, and they call in. And they are people that they are working and they are living in their homes, but they are paying rent that they cannot afford. And it is not because they are paying 1, 600, no. They are paying 14, 15, $1,600, and they cannot afford that. And those people, they have a right, also. A person that is a bricklayer, a person that works in some other place. Chair Russell: b'ery well understood. Commissioner Reyes: And that's why I am adamant about it, and I think it is our duty to do that. And, you know, I follow my principles. Chair Russell: Understood and respected. I understand from Commissioner Gort, he'd like to see us work it out a little deeper, so fair enough. But I do resent one thing you said. I would never try to kill an affordable project that you are working on that you have put together with a community developer. Commissioner Reyes: No, (UNINTELLIGIBLE). Chair Russell: So, please -- the only question I have is why you would do that to me in my district. So I would like to work together with you, but we may not come to a consensus. We may never come to an agreement; in which case, I'll be seeking this board to move this forward for this community, because it is a big win. It may not be the deep enough win that you would like, but I know if we go too deep, we actually dis-incentivize the actuality of it. So for now, I will completely accept your deferral request going in. I clearly don't have the votes to move it forward here at this point today. We got way too much to deal with today to take up too much time on this. So are there any other --? b ice Chair Gort: Mr. Chairman, let me give you a suggestion. Chair Russell: Yes, Tice Chairman. I Ice Chair Gort: You already have three buildings that's been built in that area -- Chair Russell: Yes. Fice Chair Gort: -- with the same system. Chair Russell: Yes. bite Chair Gort: Check with the people that live there. Chair Russell: I have. It is a complete success. bite Chair Gort: Okay. Get the information to them. City of Miami Page 129 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: I will. It's a homerun. So we have deferrals from the Management. Are there any others from the dais? Anyone -- anything else that the Commission would like to see taken from the PZ agenda? All right. Seeing none, Mr. Clerk, if you could read it back for us, please. Mr. Hannon: To continue to November 21, PZ.1; to continue to November 21, PZ.2 and 3; to withdraw, PZ.19; to continue to November 21, PZ.22 and 23; to continue to November 21, PZ.25; and to continue to November 21, PZ.21. Chair Russell: Thankyou very much. Is there a motion? Commissioner Carollo: Hold on (UNINTELLIGIBLE). Chair Russell: Yes, Commissioner. Commissioner Carollo: PZ.7, PZ.8. Chair Russell: This is a land use change in your district, as well as Commissioner Gort, going from T3-0 to T4-R. Commissioner Carollo: I'd like for that one to be also deferred, if it'd be okay. Mr. Hannon: Commissioner Carollo, to November 21, sir? Chair Russell: The next meeting. Commissioner Carollo: I would prefer in December, but if not, November 21. Mr. Hannon: The meeting -- there's one meeting in December, which is December 12. Commissioner Carollo: December 12. Mr. Hannon: Understood, sir. Chair Russell: Just a moment. I know this overlaps both Commissioner Gort and Carollo's district, so I'd like to hear from the Tice Chairman, as this is his last chance to weigh in on this item. Commissioner Carollo: If the Commissioner wishes, it could be November 21. T ice Chair Gort: (UNINTELLIGIBLE) made some changes in that area with (UNINTELLIGIBLE). The reason we ask for analyze and do a computer study of the whole area, because this area used to be a beautiful neighborhood, but it -- unfortunately, like many other constructions, the 836 cut that in half, so this property that we changing the zoning is right next to the river, so it's a property that's isolated; it's independent from the rest of the area properties. Chair Russell: So you'd like to see it move forward today? T ice Chair Gort: Yes, if possible. Commissioner Carollo: But you have some of the property here -- that's what I'm trying to understand -- that goes to Northwest 7th Street. Vice Chair Gort: No. City of Miami Page 130 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: It says here, 'And portion of Northwest 7th Street. " b ice Chair Gort: None of them go to Northwest 7th Street, because that's not my district; that's yours. Commissioner Carollo: I know; that's why I'm trying to figure out -- Lice Chair Gort: No, no. Commissioner Carollo: -- what is it. Lice Chair Gort: None of those places goes into Northwest 7th Street. Mr. Garcia: It may be a typographical error, Commissioner Carollo; it may be 17th instead. It is certainly much closer to the 17th Street Bridge. Commissioner Carollo: Okay. Well, if it's 17th, then -- Mr. Garcia: 17th Avenue Bridge; my apologies. Commissioner Carollo: -- I'm willing to let it go, because -- Bice Chair Gort: Not 7th Street. Commissioner Carollo: -- I couldn't understand that at all. Bice Chair Gort: Okay. Commissioner Carollo: I didn't know what it was. Commissioner Reyes: And Commissioner -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- if I am not wrong, the -- this was a petition from all the neighbors, right? Lice Chair Gort: Right. Commissioner Reyes: All the neighbors that they once -- one of the lots -- they were changed -- was a zoning change. Every single neighbor in -- along the river lice Chair Gort: That's right. Commissioner Reyes: --they asked for it. Mr. Garcia: I could certainly (UNINTELLIGIBLE) to you that there is widespread support, with no opposition that I am aware of by all the stakeholders, sir. Chair Russell: Is that ago? Commissioner Carollo: Yeah. Chair Russell: All right. So -- City of Miami Page 131 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: They cleared up the (UNINTELLIGIBLE). Chair Russell: -- that will not be on the list. So we're clear on all requests. All right. Arty further discussion from the dais? Is there anyone from the public that'd like to comment only on the timeliness of the deferral of those items, or continuance of those items? Yes; just your name and which item you'd like to speak on. Adam Gettinger: Yes. My name is Adam Gettinger. The item is PZ.8 that Mr. Carollo was referring to, and I own one of the homes there. We've been working on this for years now. And we've had a lot of meetings cancelled, postponed, and I'd just like to know why; why we would do this again. ti ice Chair Gort: No, no. Chair Russell: We're not deferring it. L ice Chair Gort: We're not deferring it. Mr. Gettinger: Excellent. Commissioner Reyes: Good to go. Mr. Gettinger: Thankyou. Thankyou. Chair Russell: Any other comments from the public? Hearing none, I'll close public comment. Any discussion from the dais on this order of the day? Commissioner Hardemon, anything to add? You're good. All in favor, say "aye." Mr. Hannon: Is there a motion? Lice Chair Gort: Move it. Chair Russell: Moved by Commissioner -- [ice Chairman Gort; seconded by Commissioner Reyes. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. We have our agenda set. I would like to bring our attention back to peafowl so we can finish that bet. Tucker Gibbs: Excuse me. Chair Russell: Can we get a first --? Yes. Did you want to make public comment on the order of the day? Mr. Gibbs: No. We just wanted to make sure that our -- the item, the Brito item was withdrawn. Chair Russell: It was. b ice Chair Gort: Yes. Mr. Gibbs: You have confirmed that. Thankyou very much. Chair Russell: It was. City of Miami Page 132 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Tice Chair Gort: Great presentation. Chair Russell: ffell done. Tucker. 11=1i. Gibbs: That was especially for von on your last day. PZ.1 ORDINANCE Second Reading 3698 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 10544, THE MIAMI Commissioners COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, and Mayor- PZ FLORIDA, AS AMENDED ("MCNP"), BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN TRANSIT ORIENTED DEVELOPMENT AREAS OF UP TO FIFTY PERCENT (50%) WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM CONTRIBUTING HISTORICALLY DESIGNATED SITES AND CERTAIN NON-CONTRIBUTING RESOURCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item PZJ was continued to the November 21, 2019, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item PZ.1, please see "PZ Order of the Day. " City of-lliami Page 133 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 PZ.2 ORDINANCE First Reading 4196 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort. Carollo. Reyes ABSENT: Hardemon Note for the Record. Item PZ.2 was continued to the November 21, 2019, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item PZ.2, please see "PZ Order of the Day. " PZ.3 ORDINANCE First Reading 4201 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 75-0," URBAN CENTER TRANSECT - OPEN, TO 76-8-0," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Comrr SECONDER: Manolo Reyes, Commissioi AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record: Item PZ.3 was continued to the November 21, 2019, Planning and Zoning Commission Meeting. City Page 1,4 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 Note for the Record: For minutes referencing Item PZ.3, please see "PZ Order of the Day. " PZ.4 RESOLUTION 5902 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of GRANTING/DENYING THE APPEAL FILED BY 79TH STREET Planning HOLDINGS LLC ("APPELLANT") OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD UPHOLDING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. 2018-0067, ISSUED PURSUANT TO ARTICLE 4, TABLE 3, ARTICLE 7, SECTION 7.1.2.4, AND ARTICLE 7, SECTION 7.1.3.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AND ASSOCIATED WAIVERS PURSUANT TO ARTICLE 5, SECTION 5.5.4, ARTICLE 6, TABLE 13, AND ARTICLE 7, SECTION 7.1.2.5 OF THE MIAMI 21 CODE, TO ALLOW FOR THE OPERATION AND CONSTRUCTION OF AN AUTOMATED CAR WASH FACILITY ON A PARCEL ZONED "75-0," URBAN CENTER TRANSECT ZONE - OPEN, LOCATED AT 1001 NORTHEAST 79 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0432 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Convnissioner Carollo: 01,-ay. ChairRnssell: This is mine? Commissioner Carollo: PZ.4 is the last item. ChairRnssell: Let's hnrry np. Commissioner Carollo: I make a motion -- Ines -Marrero: I can.punp right in. ChairRnssell: I've alreadv moved it. -1Is. -Marrero: -1Ir. Chairman, Tice Chairman, I'll make my notes when Tin done abont your tenure and our appreciation. But this is not nzv appeal. There is -- a neighboring property owner appealed our warrant. Commissioner Carollo: Thev're not here tonight. -lls. -Marrero: Pardon me;" Commissioner Carollo: Thev're not here tonight, so -- City of-lliami Page 135 Panted on 1 102020 City Commission Meeting Minutes October 24, 2019 Ms. Marrero: They're not here. Commissioner Hardemon: Wait, wait. Ms. Marrero: My name is Ines Marrero. I'm an attorney, with offices at 701 Brickell Avenue. I am here on behalf of the appellee. We have sat in this chamber for four consecutive PZ (Planning & Zoning) meetings. Commissioner Carollo: And as -- Ms. Marrero: I will say the -- they had counsel -- Commissioner Carollo: -- it's been (UNINTELLIGIBLE) -- we've approved it. CommissionerHardemon: Wait; we haven't approved anything. Commissioner Carollo: We second it. We're getting ready to vote. Commissioner Hardemon: (UNINTELLIGIBLE) we haven't approved anything. I want to understand -- I want to hear what you're about to say, because I want to understand where we are, because I know we have -- it was an appeal and -- First Of all, with the appeal, is anyone here representing the appellant? I'm going to say it again, just in case anyone's in the restroom. On Item PZ.4, is there anyone here representing the appellant? Francisco Garcia (Director, Planning): If you'd like, Mr. -- Commissioner Hardemon, may I --? Commissioner Hardemon: Did anyone call in -- Mr. Garcia: No, sir. Commissioner Hardemon: --for the appellant? Mr. Garcia: No, sir; no one did. I just wanted to make it clear that this was the warrant issued for a property at 1001 Northeast 79th Street. Commissioner Hardemon: No. I know where it is. Mr. Garcia: Not for your sake, sir; for the sake of anyone else who might be here for that item. Commissioner Hardemon: Oh, okay. Thank you. Seeing that no one is here on that, I move to deny the appeal. Chair Russell: Second. L ice Chair Gort: Its been moved and second. Is any further discussion? Being none, all in favor -- Commissioner Hardemon: Do we need--? i ice Chair Gort: -- state it by saying "aye. " The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. City of Miami Page 136 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 11s. Jlarrero: Commissioner Gort, its been nzv pleasure to come to this Commission up here before you. You ivill be missed. You're a gentlemen. You're a true servant to the City and to the residents ofvour district, who you always served, and that was where your heart was. Ism tired, and its been a long day, but thank: you. You will be missed. Thank you very much. Chair Russell: All right. Chairman, bring us home. 11=Is. Marrero: Thanks, everybody. Chair Russell: Bring us home, Chairman. Tice Chair Gort: Okay. 11r. Hannon: There's one item left, FR.1. Commissioner Carollo: 10 p.m. we said ive would do the last item; not go forward. Chair Russell: TT'e can just defer it, ifvon like. All right, bring us home. Bring us to adjourn. Hit that gavel. Hit that gavel, Chairman. All right. Connnissioner Carollo: Good gavel. (Applause) PZ.5 RESOLUTION 6342 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY Planning PROSPERO MUNGUTA, DARINA MUNGUTA, KIRK MUNGUTA, ULYSSES KEMP, ROSA RAMOS, GENA VEILLARD, BUENA VISTA HEIGHTS NEIGHBORHOOD ASSOCIATION, AND BUENA VISTA EAST HISTORIC NEIGHBORHOOD ASSOCIATION (COLLECTIVELY, "APPELLANT") OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB") AND AFFIRMING OR REVERSING PZAB'S APPROVAL WITH CONDITIONS OF AN EXCEPTION TO ALLOW A PRE-SCHOOL EDUCATIONAL USE PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ON LOTS ZONED "74-1_," GENERAL URBAN TRANSECT ZONE -LIMITED, AND 73-1_," SUBURBAN TRANSECT ZONE -LIMITED, AND GENERALLY LOCATED AT 4136 NORTH MIAMI AVENUE AND 20 NORTHWEST 42 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0433 City of-lliami Page 137 Panted on 1 102020 City Commission Meeting Minutes October 24, 2019 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon NAYS: Carollo ABSENT: Reyes Note for the Record. A motion was made by Commissioner Hardemon, seconded by Chair Russell, and was passed unanimously with Commissioner Reyes absent, to deny the procedural deficiencies regarding the filing of the appeal raised by the Appellee andproceededto hear the appeals on the merits. Note for the Record: For additional minutes referencing Item PZ.S, please see "Order of the Day" and "Public Comment Period for Planning and Zoning Item(s). " Chair Russell: All right, PZ.5. This is an appeal of a PZAB (Planning, Zoning and Appeals Board) decision, 4136 North Miami Avenue; otherwise known as the Centner School. Mr. -- Director Garcia, if you could set the table for us. This is a change of use request by exception, which was approved by PZAB, but has been appealed by an appellant. Am I correct? Francisco Garcia (Director, Planning): That is correct. The use itself -- in this particular case, a preschool -- the use itself -- the use proposed -- in this particular case, a preschool -- requires an exception permit. Exception permits are considered and ultimately approved or denied by the Planning, Zoning and Appeals Board. The Planning, Zoning and Appeals Board approved this particular exception; however, it is before you as a de novo appeal. Chair Russell: Thank you very much. And to approve an exception or to -- the factors under which we will grant or deny this appeal are what? Mr. Garcia: Well, we have recommended to you that you consider it favorably; that you approve it with the conditions that the Planning, Zoning and Appeals Board itself approved it. We have no additional recommendations at this time as pertains to the conditions. And I will also set forth that we have thoroughly reviewed the proposal, we have worked with the applicants to address any potential adverse impacts, and we find that the proposal, as designed and as proposed to be implemented, complies with all applicable regulations, and is a favorable use for the site. Chair Russell: Thank you. But to be clear on my question, as this is a quasi- judicial hearing, a lot of things were stated about what people like about the school, don't like about the school, traffic, no traffic. When an exception is brought before us, it's the inverse of a normal application, of a waiver warrant, et cetera -- correct? -- where we need to disprove the allowance of the use. Am I correct? Mr. Garcia: No, sir. I would submit to you that all the recommendations and all the supporting material that you have in your packet is -- Chair Russell: Not in this case in particular. I'm talking about when handling an exception for a change of use -- Mr. Garcia: Right. City of Miami Page 138 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: -- in general, the factors that we need to consider for 'yes" or "no" are what? Mr. Garcia: Well, I'm submitting to you that you have all the information you need to find that it should be approved, and I think the appellants are going to show to you some items that may cause you to question that approval. Chair Russell: Yes, and that's why I'm asking you what factors, what specific factors. There are criteria for approval of an exception. What are those factors, not in this particular case? Mr. Garcia: I see, in general. Chair Russell: Yes. Mr. Garcia: Generally speaking, certainly compliance with all the applicable regulations of Miami 21, and in particular, all the articles set forth -- all the criteria set forth in Article 4/Table 12 of the Miami 21 Zoning Ordinance. That sets forth a series of criteria that we then use to evaluate the particular proposal. All of those have been complied with. Chair Russell: Thank you very much. Good afternoon, Mr. Winker. I assume you are representing the appellant? David Winker: Yes. David Winker, here on behalf of Buena b ista West Neighborhood Association, the Buena tista Heights Neighborhood Association, and the Buena Fista East Historic Neighborhood Association, along with individual members; Kirk Munguia, Ulysses Kemp, Rosa Kemp, Rosa Ramos, and Gena t eillard, in connection with the zoning exception being south by the Centner Academy, to place a for profit, $24, 000 per year, preschool at 4136 North Miami Avenue. Chair Russell: Thank you. Mr. Winker: I'd like to start by -- Chair Russell: Before we get into it, though, I just want to set the ground rules. Mr. Riley, you're representing the appellee? Am I --? William Riley: I am representing the appellee. And before we proceed into the merits of the application, I would like to start back on September 12, where we mentioned that I had a challenge to the fact that this is not properly before the board in our argument. We would like to present that challenge to you as an objection, as a timely objection, because on September 12, you heard that there could be litigation, and I need to preserve those timely objections appropriately. If the rule of the board is to have me voice those objections now, I have a slide show that will make it efficient to go through those objections, and I'm happy to proceed however the board would like me to proceed. Chair Russell: So just so I understand correctly, your objection is a threshold issue as to whether or not we should even be considering an appeal? Mr. Riley: That's correct, Mr. Chairman. Chair Russell: Because what my intention here is for the appellant to present, 15 minutes. Would that be sufficient? City of Miami Page 139 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Riley: Yes, sir. Chair Russell: And to give equal time to rebut. And in that time, you'd be able to rebut why not only, if necessary, their appeal is sufficient or insufficient, but if there is a threshold issue, I think you could bring it up at that time. Is there a need to bring it up beforehand? Mr. Riley: There's not a need to bring it up beforehand, but I do have to advise the Chairman and the Commission that the reasons for the objections are not lengthy, but they are fact -intensive. I need to show some slide shows to show you why it's deficient. My presentation itself is actually -- the case in chief is actually shorter, so I may run into 20, 25 minutes, just as a housekeeping matter. Chair Russell: Because my goal was to give, obviously, equal time to both sides -- Mr. Riley: Yes, sir. Chair Russell: -- but I want you to be able to -- So your time will be shared between threshold issues of whether or not the appeal should be before us at all, and then substantive issues if we -- if it survives the threshold. Commissioner Hardemon: Mr. Chairman, I wouldn't think that the -- you would do it --I wouldn't think that you should share the time. I think --they have a argument regarding a threshold issue (UNINTELLIGIBLE). Chair Russell: And that should be handled separately? Commissioner Hardemon: Yeah, because it could --I mean, that issue -- Chair Russell: Would keep us from even going into substance? Commissioner Hardemon: Could be. Chair Russell: But it will create a back and forth, because they will obviously like to rebutyour threshold argument, right? Mr. Riley: Understood. Chair Russell: So, in a sense, you're appealing the appeal; and so, we're going to have -- we're going to treat that separately, and then we're going to go into the substance, if we survive the threshold issue. Mr. Riley: Understood. Chair Russell: Is that sufficient, Madam City Attorney? I ictoria Mendez (City Attorney): Yes. If he -- if you have some procedural arguments to make, I believe he can make those before you get into your substantive matter. Chair Russell: Right. Ms. Mendez: I do recommend, since we are here, for the Commission to reserve ruling on the threshold procedural issues and just hear the whole thing, so that we are not back here. Chair Russell: So just take it and note it, but --? City ofMiami Page 140 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Ms. Mendez: I would -- Chair Russell: Understood. Ms. Mendez: Yeah. You can -- Chair Russell: So -- Ms. Mendez: -- you could reserve ruling till the end on the procedural (UNINTELLIGIBLE). Chair Russell: How much time do you need -- Thank you -- to make the threshold argument? Mr. Riley: I think I can fly through it in 10 to 12 minutes. Chair Russell: Perfect. Mr. Riley: It'll be quick And if I'm going to have (UNINTELLIGIBLE) -- Chair Russell: And you'll have equal time to rebut the threshold that -- Mr. Riley: Sounds great. Chair Russell: -- and then we can redirect, if necessary. Mr. Winker: And let me --just a couple points while we're on that. Chair Russell: Yes. Mr. Winker: So, I think the idea is we usually do it where the appellant presents, I present my evidence of standing -- Chair Russell: Yes. Mr. Winker: -- and then he rebuts it. Are we going the reverse order? We're going to let -- we're going to allow him --? Ms. Mendez: No. I think it's -- there's two issues, Mr. Winker. It's very simple. He basically has a procedural issue why we should not go forward with this appeal. So you are correct; on the substantive appeal, if he had no issues, you would go first as the appellant, and then he would rebut. Mr. Riley has procedural issues on why this appeal should not be before the Commission, and that the Commission doesn't need to go any further into your substantive issue. So I believe he's going to start with those, then you would rebut that, then we would move on to you as appellant and him as appellee. Mr. Winker: Perfect. Then just one -- then the only question I have is, early --just clarification is -- to answer your earlier question, Mr. Russell, you asked about what the standard was. Under Miami 21, Section 7.1.2.6(d), the Centner Academy does have the burden under this de novo review of demonstrating that the zoning exception, quote, "conforms to the criteria of the Miami 21 Code. " Chair Russell: Understood. Mr. Winker: So, I just want to make sure we understand what the -- City of Miami Page 141 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Chair Russell: No, no. We can -- Mr. Winker: -- the burden -- Chair Russell: -- get into that on the -- Mr. Winker: -- the burden is. Chair Russell: --under the substance and during your time for that. Do you have any objection to the process, though, of dealing with the threshold issue and getting equal time for that so that you may rebut their challenge to your appeal in general? Mr. Winker: No, I have no problem with that. And the only other point of order that I would like to bring up is a statement was made, which I believe is a falsehood, concerning Kirk Munguia in a statement made by him, and I think that we need to address that. My client is not here; he's in the hospital. I think that may be one of the reasons the statement was made; he's not able to defend himself. I spoke to him, and I would like, under any circumstance, to be able to address what we believe is a falsehood about him offering money. That has been a repeat -- or requesting money to drop the appeal. That has been a repeated statement made -- Commissioner Hardemon: But it was during -- Mr. Winker: -- in this case. Commissioner Hardemon: --public comment. Mr. Winker: Yes. But I said, I would like to -- because I do believe it's false, so I would like an opportunity -- I don't know how it fits in. I've actually never seen this before, where I have, you know, like -- I would like to address that, because that's on the record, and it's not true. So, I'd like to -- and my appellant is in the hospital, so I just raise it almost to preserve it and figure out a way to deal with it. Chair Russell: Yes, sir. You're very welcome to put that on the record, and I would say that would be during the -- during your presentation, as he is the appellant; correct? Because I didn't realize that when they were saying he was the person that was offering -- Mr. Winker: The assertion (UNINTELLIGIBLE) was made that the appellant requested -- Chair Russell: Requested funding -- Mr. Winker: -- S3 million -- Chair Russell: -- to purchase their property. Mr. Winker: --purchase of his home -- Chair Russell: To make the appeal go away. Mr. Winker: -- to drop the appeal. Chair Russell: Got it. I think that's a perfect thing you could bring up during substance. All right. Mr. Riley, so -- Mr. Riley: Thankyou, Mr. Chairman. City of Miami Page 142 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Chair Russell: -- with regard to threshold, please, go ahead. Mr. Riley: Thankyou. Chair Russell: And you'll receive 12 -- Mr. Riley: Can everyone see the --? Chair Russell: -- minutes? Is that what you said for this (UNINTELLIGIBLE)? Mr. Riley: Yes. I'm going to fly through it. Chair Russell: All right. 12 minutes, please. Mr. Riley: Can everybody see the PowerPoint presentation? Chair Russell: Yes, we can. Mr. Riley: Okay. So, the Centner family respectfully submits that this application is not properly before the Commission. The appeal fails to satisfy the minimal filing requirements pursuant to your Code. Satisfaction of the minimum requirements is a condition precedent to bringing an appeal and a requirement to vest the City Commission with jurisdiction over the appeal. Moreover, the minimum requirements must be applied equally to all appellants, without exception, and that is to avoid arbitrary, capricious application of your Code. Simply stated, the rules must apply equally to everybody. The minimum requirements are unambiguous and exceedingly uncomplicated. There's two procedural requirements: One, the appeal must be filed within 15 days from the decision of the PZAB. That's in Section 7.1.5 of Miami 21. The second procedural requirement is a payment of the required fee must be made before the appeal will be accepted. There are four substantive requirements. First is that the appeal letter shall state the specific reasons for the appeal; the second, if it's filed by a corporation or an association, then the corporate resolution from its board of directors must be submitted,- three, the appellant must provide a certified list of adjacent property owners located within 500 feet of the subject property. They can do that by one of two ways. They can do it either by providing a list of names and addresses of property owners on an Excel file and a copy of it onto a CD-ROM (compact disk read-only memory), or "B, " they can provide a list of names and addresses in printed format with two sets of mailing labels prepared by a third party vendor. Most of those are what you see in your agenda packet. Whichever option they pick, Mr. Chairman, Commissioners, they must provide a signed certification by the person who prepared the list. And lastly, the appellant is to provide any other pertinent documents that it would like to make a part of the appeal. The reason for that is simple: It's a requirement to avoid a hearing by ambush that causes a lengthy and unstructured arguments before this board. The rules and regulations expressly prohibit untimely and defective appeals. These are verbatim from your City's website and from your Code. Number 1, only a complete, timely filed, and paid appeal will be accepted; 2, the filing fee must be paid in full prior to the acceptance of the appeal; 3, the appeal will not be filed until the paid invoice received is delivered to the Hearing Board section; 4, if the I5th calendar day appeal period has closed, an appeal of the PZAB decision cannot be filed; and 5, only -- and I stress "only" -- withdrawal letters shall -- not "may," but "shall" -- be accepted outside of an appeal period. Failure to enforce the minimum requirements is a departure from the essential requirements of the law as an arbitrary and capricious exercise. If the laws are not applied to everyone equally, then the law becomes void of all meaning. I've provided you with a case that talks about departures of the essential requirements of law. And basically, what that means is that the City or a governmental body fails to apply the law or City of Miami Page 143 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 fails to apply the correct law. Over the next few slides, I'm going to demonstrate the following: 1, the appeal filed to satis -- the appeal failed to satisfy every one of the minimum requirements set forth in City of Miami Code; 2, the appellant misrepresented itself on its application, an official government document, in an attempt to sidestep the minimum filing requirements; 3, the appellant, who supported the application before the PZAB, is truly a straw man, and the misrepresentations made on the appeal were deliberate and self-serving, and (UNINTELLIGIBLE) explain why. And lastly, the appeal., when filed, was, without question, deficient, for the proponent driving the appeal was given extraordinary leniency, leniency that is not permitted by your Code. When concluding, I'm going to ask the City Commission to apply the Code as written, because it is unambiguous. And we talked last time about the spirt and letter of the law. I'm only talking about the letter of the law in this objection. There were two appeals initially filed. The first appeal was filed by Sylvia Abraham. You heard her and her family speak When they filed the appeal, they supported the application ahead of time. We went to them as good corporate citizens. We said, "What happened?" They said, "Well, we thought that at the PZAB" -- which they did not attend -- "we thought that all the conditions that you provided to us you reneged upon. " I said, "That's not true. Who told you that? Here's a copy of the PZAB order. Look at all the conditions that we submitted. Every one of your requirements were included. Watch the video tape. " "We'll get back to you in two days. " They got back to us in two days, and you'll see that they are the abutting property owner. You'll see the subject property highlighted in yellow; their property highlighted in blue. Just to the right of it is a copy of their appeal. It was dated June 28. It's signed by the abutting property owners. It's signed by Ulysses Kemp, who has admitted on record that he is not the appellant. It's signed by Rosa Ramos. It's signed by Gena t eillard. It is not signed by Buena t ista Heights Neighborhood Association or the Buena b ista East Historic Association. Ms. Abraham, the only abutting property owner, withdrew that appeal, because she said that all of the concerns -- and she withdrew it two days after our discussion -- all of her concerns were fully addressed within Section 2 of the exception, which was a section that sets forth all the conditions of approval. We abided by our word. And a copy on the right-hand side of your screen is her withdrawal of appeal, and it specifically says, "The undersigned withdraws the appeal, because it was filed with a misinterpretation. " The second appeal is a Munguia appeal. They filed as abutting property owners -- and this is going to be important in one moment -- but they're clearly not abutting property owners. You see the subject property highlighted in yellow. If you're abutting property owner, you either touch the property or you draw a line straight across an alley or a street, and if you -- that line meets the property, you're abutting. You're going to see the -- you can clearly see that the Munguia property, highlighted in blue, is not abutting, but it was done intentionally. You'll see that the appeal filed -- is on the right-hand side -- is also signed by the Munguia family, a family that supported the application before the PZAB. It's also signed by Ulysses Kemp, Rosa Ramos, Gina 1 eillard,• the same people that filed the other appeal that was withdrawn based upon a misinterpretation. Now, this is a proposal and Darian [sic] Munguia expressed support of the exemption. Chair Russell: I believe it's "Munguia. " Mr. Riley: Munguia. Chair Russell: Is that correct? Mr. Riley: I'm sorry if I'm butchering her name. I do apologize for that. On the right-hand side of that screen, you're going to see their letter of support. It wasn't unambiguous [sic]; it was direct. It talked about 195 student stations. It talked about the address. They signed the letter of support. We spoke to them many times. City of Miami Page 144 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 And they actually did not appear at the PZAB hearing, because they were happy with the application. Chair Russell: Just a moment. Just a moment, please -- Mr. Riley: Yes, ma'am. Yes, sir. Chair Russell: -- and just pause the time for a second; I have a question. Just understand the timing on that. The support signature was before or after the appeal? Mr. Riley: Before the PZAB hearing on June. Chair Russell: Before even the PZAB hearing. So, what you're inferring is that the Munguia family was in support of it initially, but after PZAB was part of an appeal? Mr. Riley: Yes, sir. Chair Russell: Thank you. That's -- I just wanted to understand. Mr. Riley: Now, I told you that the difference between abutting and non -abutting appellants is a critical distinction. Let me explain why. If you're an abutting property owner, you pay one fee. That's $4.55 per certified notice that needs to be mailed out. If you're not an abutting property owner, you're going to pay --the fees are located on the right-hand side of your screen. An appeal fee equivalent to the application fee paid by the applicant, $4.50 per certified notice that needs to be mailed out, and $1,500 for the advertising. The difference in this case is $661.50 versus $5,170.50. The Munguia appeal claimed to be abutting property owners and were charged such fee, and it was not an issue where staff made an error; it was a representation that they made on their appeal, but it wasn't paid by the Munguia family -- and I get them -- mispronouncing their name -- it was paid by Ulysses Kemp, who has already admitted that he is not an appellant. You'll see the electronic signature on the screen below. You'll also see the receipt where they paid the $600 as abutting property owners instead of non -abutting property owners. Chair Russell: And another question: Are you implying that it must be the appellant who pays, and nobody can pay on their behalf? Mr. Riley: The Code even specifically says, Mr. Chairman, that the appellant has to file it in person. Chair Russell: Right. But as far as who pays, do you feel that that matters -- Mr. Riley: Yes, I do. Chair Russell: -- who actually does pay? Mr. Riley: I do. Chair Russell: Why? Mr. Riley: I do. Chair Russell: Is that state -- spoken (UNINTELLIGIBLE) ? Mr. Riley: Because what happens -- and I'm going to be able to prove it here -- is you create a straw man. You create a straw man that wants to appeal to hold up a City ofMiami Page 145 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 project but doesn't want to abide by the rules; wants to sidestep those rules and doesn't want to pay the fee that's required by the Code. Chair Russell: And pause the time for a second, if you would. Mr. Clerk, if you could just pause the -- Mr. Clerk, if you could just pause the time for a second. Madam City Attorney, is there anything in our Code which expressly states that it must be -- that nobody can pay on behalf of an appellant? Ms. Mendez: I will double check that for you. Chair Russell: Thank you. Ms. Mendez: I don't remember that being the case, but I'll double check. Chair Russell: Thank you. I do understand what you are inferring with regard -- Mr. Riley: Yes. Chair Russell: -- to the straw man, but I need to know from the letter of the law whether there's anything that prohibits somebody from paying on behalf of somebody else. Ms. Mendez: We will look. Chair Russell: Thank you. Please continue. Mr. Riley: Now the appeal, when filed, was again, without question, deficient. How do we know this? Because despite the City's unambiguous payment requirements, the appellant was allowed to pay the correct non -abutting residential filing fee 22 days after the appeal period had closed. That's against your rules, Mr. Chairman, City Commissioners, because again, the rule specifically says that the only withdrawal letters shall be accepted outside an appeal period. The rules expressly state that only a complete, timely filed, and paid appeal will be accepted. The fee must be paid in full prior to the acceptance of the appeal; and that the 15- day calendar appeal period has closed, an appeal of the CZAB [sic] decision cannot be filed. In this case, an extraordinary thing happened. The appeal window was closed, and automatically and miraculously reopened 22 days later. And again, the Munguia family did not pay the fee; Ulysses Kemp paid the fee. A copy is -- on your screen is a copy of the receipt, and a copy of his check from the Fire Department's credit union that was filed with the City. Mr. Kemp -- Chair Russell: And did he pay the abutting rate or the non -abutting rate? Mr. Riley: First, he paid the non -abutting rate 22 days after the appeal window closed, then he paid the non -abutting rate, because the City said, "You're non - abutting, and you paid the wrong fee. " Now, unlike the appellant, who previously supported the Centner Academy School, Mr. Kemp has been an active component. Mr. Kemp filed the appeal, paid for the appeal, albeit untimely, and as shown on the following slides, provided the documents required to made -- made a part of the appeal. Mr. Kemp is not an abutting property owner. He is attempting to prevent and has successfully delayed the opening of an emerging school for kids by strategically and deliberately sidestepping the City's rules and regulations that everyone else must follow. On that screen that I highlighted the subject property, you see Mr. Kemp's house highlighted in blue. It's located down by the interchange and the expressway. He's clearly not abutting. Now, Buena b ista Heights Association is made up of Mr. Kemp, lice President Rosa Ramos, Gina I'eillard, and Treasurer Lewis Gonzalez. Those are the same people that supported the City of Miami Page 146 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 appeal. Ms. Rosa Ramos, not an abutting property owner; you see her property highlighted in blue. Ms. Gina T'eillard, not an abutting property owner; you see her property highlighted in blue. Chair Russell: I'm sorry; I couldn't see those. Mr. Riley: Sorry; trying to move as fast as possible. Chair Russell: I'm just seeing where the blue is. Mr. Riley: So Gina I'eillard is highlighted in blue. Chair Russell: Okay, I see it, I see it. Thank you. Mr. Riley: And Ms. Rosa Ramos is also highlighted in blue. Now, that's not only thing that they failed to comply with. The appeal also failed to satisfy Section 7.1.2.6 of Miami 21. The Code expressly states that the appellant must state specific reasons for the appeal. Appellants are required to file -- Chair Russell: Mr. Clerk --just a moment. -- keep the time running so we can keep track and give equal time to the other side, please. I'm interested (UNINTELLIGIBLE) extent. Mr. Riley: Appellants are required to file all of their reports, all of their reports, letters ofjustification, and plans in the public record to afford a meaningful hearing opportunity and avoid the trial by ambush effect. Your Code requires appellants to do the same thing. Not only is the appeal not specific; it is simply wrong, and I highlighted the reasons for the appeal. And the only thing that they put on the appeal for the reason is, "The application fails to comply with all applicable regulations, and other evidence will be presented at the de novo appeal hearing." That's -- violates your Code, Mr. Chairman, Commissioners, and it is simply wrong, and I'll tell you why it's simply wrong. On the right-hand side of your screen is a staff analysis. Staff has determined that we satisfied every single criteria [sic]. I'm going to fly through this. You see that red check mark of staffs finding. Your Planning Director already mentioned this. Compatible, consistent, complied, not applicable, consistent, consistent, consistent, consistent, subject to conditions; all red check marks. The other requirements: Consistent, subject to conditions, consistent, subject to conditions, consistent, consistent, subject to conditions, consistent, consistent, consistent. They went to the NET (Neighborhood Enhancement Team) Office; NET office had no objections. They went to Code Compliance; Code Compliance had no objections. Went to the Office of Zoning; Zoning recommended approval with those conditions. They went to the Miami - Dade County Traffic Engineering Department. Chair Russell: Mr. Riley, it sounds like you're getting into substance, though, of -- Mr. Riley: I'm going to fly through this real quick. And I'm not getting into substance. I'm just showing that it -- their argument, one, doesn't satisfy the specificity requirement. Chair Russell: I understand. Mr. Riley: And two, it's just simply wrong, but I'll fly through that. The rules and regulations must be applied uniformly to avoid deprivation of due process and the arbitrary and capricious application of all. You saw that one page appeal. I did a public record's request that I have here that I can hand out of all appeals filed before the Planning and Zoning Appeals Board to the City Commission for the past City of Miami Page 147 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 five years; not a single one of them is one page; not a single one of them says, "We're just aggrieved. " They say that there's a problem with traffic. They say there's a problem with parking. They say there's other issues with the area. This is one that was filed by a pro Bono applicant; you can see how specific he was. He went through 1, 2, 3, 4, 5, 6, 7, 8. He mentioned all of his objections. Remember that certification letter that I told you that they had to file? They didn't comply with that, either, Mr. Chairman and Commissioners. What they did instead -- and you'll see on your right-hand side -- is Mr. Kemp said, "I'd like to use the list provided by the applicant. " He certified on a government document; "that I certify that the attached ownership list" -- not provided -- "map" -- not provided -- "mailing labels" -- not provided -- "are complete and accurate representation of the real estate property and property owners within 500 foot radius of the subject property listed above. The information reflects the most current records on file with the Miami - Dade County Tax Assessor's Office. " That's not one of your two requirements of the Code. He had options. He elected not to fulfill any of those options. Now, you also were told that Mr. Kemp is not the appellant. He admitted that he wasn't the appellant, but he filed a corporate resolution, and he filed that corporate resolution on behalf of Buena i ista Heights Neighborhood Association. It's not dated. It's not witnessed. It's not notarized. It doesn't even reference the Centner school. It's just a blanket resolution from Ulysses Kemp to Ulysses Kemp. Now, you also -- I'm going to skip over this, Mr. Chairman, because this might be getting into some of the substance, and I'll come back to this later. But this is something that was posted on "Nextdoor" app yesterday, saying that we're going to do a "K" through 8. We're not here -- or "K" through 12. We're not here for a "K" through 12. But in conclusion, Mr. Chairman, the appeal is facially defective and must be dismissed as a matter of law. The appeal has failed, and as filed, violated the specificity requirements set forth in 7 -- Section 7.1.5. It failed to provide --failed to meet the contemporarious [sic] payment requirement set forth in your Section 7.1.2.6 of your Code. Additionally, the appeal should be dismissed, because there's a lack of standing, because the family that appealed it, the appellant, didn't appear at the hearing, supported the application. And I provided a case law, and I provided that to your City Attorney, saying that they don't have standing to pursue this appeal. I ask you, our Commission, to apply the low -- provide -- apply the Code as it is written, because it is unambiguous. The Citizens' Bill of Rights states that this government has been created to protect the governed, and to ensure that all persons are treated fairly and equitably. It goes on to say that the City shall abide by all of its expressed provisions. And today, Mr. Chairman, Commissioners, we ask you to enforce your Code. The rule should be applied uniformly and justly. And I thank you for your time. Chair Russell: Back up two slides, please Mr. Riley: Yes, sir. Chair Russell: No, no. No applause, please. You had mentioned -- one more. No. Go forward two more; sorry. You had said that you don't believe that Mr. Munguia has standing. Mr. Riley: Yes. Chair Russell: Is that because of the timing or because of the location? Because he's a non -abutting by the line, but if he paid the additional amount, are you saying he doesn't have standing because of payment or timing, or because of his --? Mr. Riley: There's two different issues there. One is, is the appeal deficient because it fails to satisfy your Code requirement? City of Miami Page 148 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Chair Russell: That I get. Mr. Riley: The second one is standing. Does an appellant who supports an application, who doesn't come to the lower tribunal, doesn't -- Chair Russell: Oh, okay. Mr. Riley: -- voice their objection, sits on their hands, at the last -- at the 12th hour, do they have standing to come forward and file an appeal? Chair Russell: Got it. Mr. Riley: We believe that case law says, it does not, and it clearly does not. Chair Russell: Got it. All right. Thank you very much. Those are your points for threshold. Mr. Riley: Yes. Sorry; I tried to move quickly. Chair Russell: No, no, no. It's all important to note, and I just want to make sure we give fair time to the other side to rebut. What are we looking at here? We had initial 12, and then we added on -- what? -- about another five more? Mr. Hannon: 16 minutes, sir. Chair Russell: 16, total? Mr. Hannon: Um-hm. Chair Russell: Okay. Mr. Winker: Yeah, and I -- like I said, I don't think need that entire time period. I don't have a copy of his PowerPoint slides, but I would point out that there is a dearth of citations to the actual Code, and I'm going to go over the one section that he does cite, which has to do with Miami 21, Section 7.1.2. Most of the citations that he has are to the City of Miami web site, concerning procedure on the PZAB web site. And you will see that there are certain statements made there that -- about the timing of things and things that need to be -- that need to happen. If we're going to dig into the Code, I would start with Miami 21, Section 7.1.2.61), which provides the requirements for filing an appeal. 'Appeal of a decision of the Planning, Zoning and Appeals Board shall be de novo, applying the exception criteria in this Code and taken to the City Commission. The appeal shall be filed with the Hearing Board's Office. Notification of the appeal shall be provided by the City in the same manner as provided by the original application in Section 7.1.2.6C of this Code. The filing of the appeal shall state the specific reason for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who is aggrieved by the action of the Planning, Zoning and Appeals Board. " I would proffer that the Centner Academy has failed to provide any evidence that any of those requirements under Section 7.1.2.61) have not been met. If we're going to dig into the facts of the payment of any required fee at the time that it was submitted, the City reviewed the application and said, "This is the fee that needs to be paid, " and as soon as -- and I will offer into evidence the following email from the City concerning that process, as far as being notified that the appeal didn't work. There is an email from Olga Zamora, Chief of Hearing Boards, to Mr. Munguia. "Hearing Boards received your appeal on July 1, 2019, in which you appealed the exception, approving a preschool. In your appeal, you indicate that you are abutting residents living at" --and his address. "Chapter 62- City of Miami Page 149 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 22 of the City of Miami Code indicates that, Abutting owners who wish to appeal an exception of the City Commission do not have to remit an appeal fee, advertising fee, or noticing fee.' "Information has been provided to Hearing Boards indicating your property does not abut either 4136 North Miami Avenue or 20 Northwest 40" (UNINTELLIGIBLE). "Upon further review, it appears your property is nearby, but not abutting, as defined by Miami 20 [sic]. As such, in order for your appeal to not be deemed deficient, you must remit proof of payment for the appeal fee, the advertising fee, and the noticing fee, totaling 5,170.50 by no later than 5 p.m. on Monday, July 22. " Attached is the financial ID (identification). 'If you have any questions, please contact me. " Chair Russell: So, your point is that the incorrect payment made was on the fault of the City in what they were billed? Mr. Winker: Correct. Chair Russell: And once the City recognized that fault -- Mr. Winker: Correct. Chair Russell: -- (UNINTELLIGIBLE) paid the correct amount (UNINTELLIGIBLE) -- Mr. Winker: And we paid -- Chair Russell: --and they (UNINTELLIGIBLE)? Mr. Winker: -- in compliance, you know, with it. So I would proffer that the Centners have failed to provide arty facts that show that arty failure to comply with any actual Code -- and we can go point by point on his PowerPoint of, you know, the statements that he made that are not cited to Code, but I would proffer that we met the Code. As far as standing, the Florida Supreme Court has established that once proximity to a property to be rezoned is directly related to one's interest for the purpose of standing, Renard v. Miami -Dade County, 1972. More specifically, one's inclusion among those who reside within the mandatory notice zone is an important factor to be considered on the question of standing. The City of Miami has acknowledged it had previously opined that an aggrieved party for standing and zoning matters was a resident that lived within 500 feet of the property. That's Miami -Dade County versus City of Miami. That's the Playhouse case. Mr. Munguia lives within 50 feet of the Centner Academy, and therefore resides within the mandatory 500 foot notice area under Miami 21. As such, Mr. Munguia has standing under Florida law to challenge the zoning exemption. The Supreme Court of Florida in Renard made clear that no showing of special injury is required, finding that special damages need not be shown if the taxpayer is within the affected range of the property, which requires actual notice before the rezoning made may be considered by the legislative body. So I would put into evidence that the -- Mr. Riley has failed to provide evidence of failure to comply with the actual Code, and I think we should get a -- go ahead and get into the substance of the argument, and I can address any questions. Chair Russell: Yes. One of his arguments was that your client's appeal did not include the specific reasoning for the appeal, and that causes it to be deficient. Do you have any response to that? Mr. Winker: Yeah. I think that -- I mean, I could -- it couldn't be clearer. And, you know, again, going back to the Code, "Shall state the specific reasons for such City of Miami Page 150 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 appeal, " and we will show that the very reasons for the --for our appeal are exactly what was stated, which is failure to comply with the Code. Chair Russell: Okay. So, it's not new information. So from the City Attorney's Office, there was question about whether or not the appeal was timely, was paid correctly. And when I requested that of the City Attorney in my original briefing, said those are really items for us as a body, as finders of fact, to carry. My question is, does the City Attorney's Office -- or when they receive an appeal, do they disqualify appeals, or they do -- do they accept everything and let us make the decision of whether or not they met the threshold? Amber Ketterer (Assistant City Attorney): So typically, the appeals are filed with the Division of Hearing Boards, not necessarily our office. And I believe that the Division of Hearing Boards has just minimum requirements, whether it was within the period of time, whether there was -- whether the fee was paid, et cetera. They don't assess the actual appeal. They just have their minimum requirements. And they had determined that this met their minimum requirements and accepted the appeal. We don't make those determinations, whether it's specific enough, for example, things of that nature. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: If the appeal stated as the reason for the appeal that we are appealing, do you think -- Mr. Winker: I understand what you're saying. I think this goes -- sorry. Commissioner Hardemon: Do you think that the -- that if I said, "We are appealing, " without saying further what you read on the record -- Mr. Winker: Right. Commissioner Hardemon: -- which was, it is not in -- well, I don't remember the exact statement, but you read it on the record just a moment ago, what -- the reason why they appealed. Do you think that would have been acceptable as an appeal? Mr. Winker: No. I think that what they're getting at is you need to put on -- you need to put your adversary on notice as to what exactly we're going to be talking about. So, I think that just saying -- it's like in a courtroom, right? "I object." That's not enough. You have to say, "I object; hearsay. I object; vague and ambiguous, " or whatever the grounds are. Commissioner Hardemon: Right. Mr. Winker: In this case, I think it's very clear if -- and I would go back to the de novo standard is specifically the burden -- the zoning exception must conform to the criteria of the Miami 21 Code. What's the reason for the appeal? We don't think it complies with the criteria of the Miami 21 Code, and I think they specified that. Commissioner Hardemon: So, you believe then that -- in your example, you said, 7 object, "for instance; "hearsay. " If you said, 7 object, " there could be a plethora of reasons why you object. Right? Mr. Winker: Right. Commissioner Hardemon: And you say "hearsay" to let the opposing counsel and the judge know, "this is the issue that we're talking about. " City ofMiami Page 151 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Winker: Exactly. Commissioner Hardemon: And he will rule on it one way or the other. Mr. Winker: Yeah. Commissioner Hardemon: So, what -- your position is that once they say, "I appeal," and then they say the reason that they appeal is because it's not in conformity -- Mr. Winker: Right. Commissioner Hardemon: --you believe that it's sufficient for specificity? Mr. Winker: Correct. So it would be, for example, (UNINTELLIGIBLE) -- I'll just respond to that. So the idea here is they're on notice that we -- when it was filed by my clients -- and I want to be clear to get the context right. This was -- this is what Commissioner Hardemon: It wasn't you? Mr. Winker: Cover my (expletive), yeah. It wasn't me, and I don't say that to cover my -- Commissioner Hardemon: No. Mr. Winker: -- butt, but to say, like, okay, it's residents doing this. This isn't -- Commissioner Hardemon: We're going to get into that. Mr. Winker: Okay. I- so the idea here is, you know, tome, if you read the Code, I think that you could say, "Yeah, this is sufficient. " We're not saying, for example, they're not a proper party and interest. We're not saying that they are failing to -- they failed under some notice requirements for the PZAB. Our requirement is it fails to comply with Miami 21, and I do think it's enough to get us past the threshold. Commissioner Hardemon: Right. And so, counselor, so why do you believe then that it must have some specificity that is beyond what was stated on the record, beyond "objection; hearsay" Mr. Winker: Because your Code says, and whenever you do legislative intent, you have to -- every word in a legislative document has to have meaning, and "specific" means it has to have a meaning. And specific, just to say, 7 appeal," or "I'm aggrieved, " does not comply with your Code. And we talked about the letter of the law the other day, and the letter of the law says "specific, " and every other one of your applications that come before you say, it's because of parking, it's because of traffic, it's because of 'X", "Y" and "Z. " This says none of that. And I would just add one other thing. He says we didn't prove that it was an error on their part. If you look at the appeal, I didn't put in the appellant saying he was abutting property owner. Your staff didn't put in that he was an abutting property owner. Your staff accepted a document, a governmental document, sworn to, that he said he was abutting property owner, and they charged him appropriately. So, I don't know what better proof I can provide than their own signature on a government document. City ofMiami Page 152 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Commissioner Hardemon: So in regards to specificity, do you not regard --? The examples that you gave of other applications that were turned in for appeals -- Mr. Winker: Yes, sir. Commissioner Hardemon: --you mentioned one of them was prose. Mr. Winker: Yes, sir. Commissioner Hardemon: Do you not regard that more as style? It goes further necessarily than the minimum standard of specificity? So, for instance, if they say that "I object" or "I appeal this docu" -- "I appeal this ruling, " but then left you no reason of the appeal, so you had no notice, whatsoever, what it could be about, as opposed to "I appeal it, because it's not in conformance with Miami 21, " which is -- Miami 21 is a rather large document to peruse in order to determine what the objection really is about. Mr. Winker: Yes, Commissioner. Commissioner Hardemon: However, you at least know, because you have the facts of your specific case; you can narrow it down. Mr. Winker: Yes, Commissioner. Commissioner Hardemon: Much like with the objection that was stated on the record, "hearsay, " or so. He may not state the exact -- the hearsay was previously stated on the record. And so, when you object and you say, "hearsay, " the listener to the facts, the listener is saying, "Which of the things that were said will be considered to be hearsay?" Mr. Winker: Yes. Commissioner Hardemon: So my point in this is that do you not consider when you have an objection, or you have an appeal, and they say that it's not in conformance with Miami 21, then as the hearer or the listener or the appellee, you then can say, "Well, what things in Miami 21 does this affect?" We know it affects all the things that were analyzed. It -- say traffic flow, parking, zoning, et cetera. So why is that - - when they say it's not in conformance with Miami 21 not enough to get a -- kind of just above this -- to meet the specificity argument? Because it doesn't say specificity with detailed support. Specificity within the argument. It just states that you want -- it's almost, as he put it, notice specifically what it's all regarded. Mr. Winker: So, there's two answers I can give you to your question. One is the appeal doesn't actually say we're appealing under Miami 21. The appeal specifically says that, "The application fails to comply with all applicable regulations as shown in two separate staff analysis. " Staff analysis, I showed you; everything we complied with. And then it goes on to say, 'And other evidence that we" -- "will be presented at a do novo appeal hearing. " Commissioner Hardemon: Counselor, the -- Mr. Winker: That -- Commissioner Hardemon: --evidence that you just referenced -- Mr. Winker: Yes, sir. City of Miami Page 153 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Hardemon: -- as far as staff analysis, were there more than one report of staff analysis? Was there one report -- like one staff analysis that was not favorable to you, and then another one that came later that was favorable? Mr. Winker: Yes, Commissioner. So actually, it was before the Planning and Zoning Appeals Board three times. The first two times, there were different staff recommendations, and we deferred; didn't even have a hearing. The third one, which is the merits of this appeal, said that we complied with everything. The reason we did that is because we worked with your professional staff, we worked with the County professional staff- we made sure we complied with absolutely everything. They had an opportunity at that time. And if there's something in that staff report -- because there's a laundry list of things we have to meet -- if there's something in that staff report, they could have said there's something in that staff report. Chair Russell: Okay. Mr. Winker: That was an error. Chair Russell: Just a moment. So just --I want to clarify the timeline then -- Mr. Winker: Yes, sir. Chair Russell: -- because this is new information for me. So, you are admitting that there were deficiencies with regard to staffs recommendations, but before it went to PZAB, and you cured those to staffs satisfaction prior to it going to PZAB; after which point -- so there may be -- Mr. Winker: Yes, Mr. Chairman. Chair Russell: -- a point where there were deficiencies from where PZAB's recommendations, but then you cured those prior to getting to PZAB? Mr. Winker: Yes, Mr. Chairman. Chair Russell: Is that correct? Now I understand. Okay, thank you. Commissioner Hardemon. Francisco Garcia (Director, Planning): I'm sorry; I'd just like to clarify that the deficiencies were not with staffs recommendations; they were with the application, and they were subsequently corrected. Chair Russell: Got it. So, it wasn't with staff recommendation. It was with the application -- Mr. Winker: Well, actually -- Mr. Garcia: You're correct. Mr. Winker: (UNINTELLIGIBLE) plan modifications. Chair Russell: All right. Mr. Winker: I would like to clarify that (UNINTELLIGIBLE). My understan -- the way -- my understanding was there are three analysis; one is undated, and that staff analysis recommended denial. There's an analysis two, dated April 16, 2019; that City of Miami Page 154 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 recommended denial. And then there is a revision, dated May 24, 2019, that recommended approval. So it was, in fact, denied twice, correct? Mr. Garcia: Not exactly. There were two analyses, the first two you mentioned, which you are correct; recommended denial. The defect, I insist, is not in the staffs analysis; the defect -- or the shortcomings, let's call them, were in the application. We are confident and comfortable that the deficiencies were subsequently corrected, and those corrections in the additional materials and documentation we received merited a revised analysis and a revised recommendation of approval with conditions. Chair Russell: Thank you. Mr. Garcia: Said conditions (UNINTELLIGIBLE). Chair Russell: And we don't need to get into the substance of those deficiencies or corrections at this point. It's just to understand from a threshold issue what their appeal was based on and whether that's sufficient for filing an appeal. Am I correct? Mr. Riley: IfI may -- Mr. Garcia: Correct. Mr. Riley: --just have two seconds just to make two items -- Chair Russell: Of course. Mr. Riley: -- of rebuttal on this one objection? He mentioned a Supreme Court case regarding standing, and that's aggrieved parties. I submit to this board, it's nonsensical to be aggrieved party if you support the application, don't appear at the hearing, and don't lodge any objections. Okay? So, I don't believe that that case is applicable at all. Secondarily, that email that he wants to submit in the record doesn't say anything other than what I said before. It said that you have to you -- you, the appellant --you have to come in and pay, because that's what your Code says. Your Code says that the appellant has to come in. You can't have a straw man where you find -- "I want to avoid the rules, so I'm going to find somebody that's close by. I'm going to tell him that these people are bad people in order to get 600" -- "pay $600 and not follow your rules. " That's sidestepping the law. And that's something we were talking about the other day with letters of the law, and what we're asking you to do is apply the letter of law today. Commissioner Hardemon: So, I think it's pretty interesting -- right? -- the argument that you're making about straw man paying, if you will. Mr. Riley: Yes, sir. Commissioner Hardemon: If this were campaign contributions -- Mr. Riley: Yes, sir. Commissioner Hardemon: -- right? -- then that would certainly be against the law, because the law specifically states that one cannot give a donation for a campaign in the name of another person. Mr. Riley: Yes, Commissioner. City ofMiami Page 155 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Hardemon: So, I cannot use my money to give for another person, and then title it with that person's name, so there's no record whatsoever that I used my money to pay for that person. Chair Russell: Commissioner? Commissioner Hardemon: Right? Chair Russell: So, I did ask the City Attorney that question earlier, and she came over to me and said that the Code is silent on whether or not -- Commissioner Hardemon: Correct. This is my point. Chair Russell: Okay. Commissioner Hardemon: So, the law was -- is very clear in regard to that. As I understand it, there are some friends of the President that recently got in trouble for something like this, right? Mr. Riley: Yes, Commissioner. Commissioner Hardemon: Which is also the reason why I don't know why people making this such a -- such an issue, but -- which is also the reason why the campaign donations that are related to the -- to Centner, the family, that are made to my campaign are very -- Mr. Riley: Yes, Commissioner. Commissioner Hardemon: --plain for people to see. It's not a secret. It's in the open. As opposed to necessarily someone else outside of the making donations on their behalf with their money. Mr. Riley: Yes, Commissioner. Commissioner Hardemon: Right? That would be against the law. And so, here, where you have someone who's making the payment for another person, because that person may not have the funds; maybe they agreed with -- maybe it is what you said; that they don't necessarily have an objection, but they're the person that's being used. It doesn't appear from what I've seen just yet that there's anything that is contrary to law that's going to allow them not to use their authority, their power, their two minutes to say, "I disagree, and someone else is going to pay on my behalf. " Now, the -- this is an interesting thing, because I think that your arguments are good arguments. The fact of the matter is that on the application, the properties were not abutting. In fact, no one did make the appropriate payment amount until they were requested. It is clear that I don't necessarily agree with the specificity argument. I understand that there could have been more, but maybe there wasn't required to be more. Maybe that was specific enough. Right? And so, these -- I think they're all very good arguments. But then we get into this whole issue with who actually filed the appeal. It wasn't the lawyer that filed the appeal; it was a resident. And so, how much deference do we give a resident who may be familiar with the process or who may not be familiar with the process? But what deference do we give them in starting the process of an appeal? And then the question becomes -- and I'll let you answer that -- and then the question then becomes, who is actually the person that accepts the appeal? Is it this body that accepts the appeal, which is why they didn't want to deny it? So, is it this body that says, "You know what? All things have been" -- "all" -- "the procedure that we used to get here not only is it enough, but it can be cured from one step to the next step," City of Miami Page 156 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 because I'll tell you, at the end of the day, the -- that the overwhelming issue here is whether or not that someone in the community has a right to an appeal and to be heard in a adversarial way. So beyond that of public comment, beyond that of, you know, their two minutes that the State of Florida says that we have to give them -- that they can be, you know, opposed and (UNINTELLIGIBLE), and bring witnesses and there forth -- should we deny them that? Because they are pro se at first, they did make the wrong payment, they cured the payment; they had a very succinct, specific reason for the appeal. Should we hear them, even though those things occurred? Mr. Riley: My answer to you, Commissioner, respectfully, is "no. " And the reason is, is that when you go to court, even if you're pro se and you have a motion to dismiss, if you don't follow the rules, then you aren't entitled to leniency. But in this case, we weren't dealing with unsophisticated property owners. We're dealing with the Buena Vista community. That's a pure Craig Robbins. In their appeal letter, they cite specific sections of your Miami 21 Code. They put in the word "abutting. " If he weren't sophisticated, why would you even think of putting in the word "abutting"? I wouldn't. It doesn't seem to have any relevancy to it unless you know the rules. In this case, we're not dealing with somebody that was unsophisticated. You're dealing with people that knew the rules, but were intentionally trying to sidestep those rules. Commissioner Hardemon: But what evidence do you show that they intentionally intended to sidestep? Maybe that evidence to intentionally sidestep the rule may be, say, moving, but beyond the fact that the person wrote that they were abutting and that a fee was paid -- I'm sorry; that they were -- yeah, abutting, and a fee was paid in accordance with that. Beyond the fact that someone said, "Hey, you're not abutting, so you need to pay this other fee, and they paid it, " what -- how can you show that they -- Mr. Riley: Couple things. Commissioner Hardemon: -- did that? Mr. Riley: Couple things. One is, and I have it on my screen, but it's the appeal itself, where they cite those specific sections of the Miami 21 Code. Not just one section; multiple sections. He said, "abutting, " like I mentioned. Remember that corporate resolution requirement that I talked to you about? If it was a family next door that wasn't a corporation, and they were really the appellant, why file a corporate resolution? They knew what they were doing, Commissioner. All the evidence -- and if you want to call it circumstantial evidence, it's circumstantial evidence, but all the documentary evidence that's in there proves that they were trying to sidestep the Code. Everything that was signed, was signed by one person, and that was Ulysses Kemp, except for the appeal, and he was a supporter of the appeal. He filed the certification list. He paid all the fees. He's the person that went to the Hearing Boards to pay for it, even though your Code specifically says the appellant has to appear in person at the Hearing Boards. All of that shows that they sidestepped your Code. Commissioner Carollo: Good argument. Good argument. Commissioner Hardemon: Counselor. Mr. Winker: Yeah. I -- you know, to me, it's -- you guys are going to have a problem if you read the Code in any other way than it is, which is, "together with payment of any required fee. " I mean, I'm aware of a number of circumstances that I've been involved with where the fee was waived; particularly in the West Grove, City ofMiami Page 157 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 the City waived the fee. And we need to be careful with this idea of payment of any required fee. We were told what the fee was. You know, the idea of abutting -- I don't have the abutting property, but you can see the definition of "abutting, " it's -- you'd have to know what that definition is in Miami 21 to argue, okay, you're one house over, right? The line doesn't quite reach your property. You're 53 feet away, but you're not abutting. So I would argue that we're going to go down a slippery slope if -- this isn't a motion to dismiss. This is a appeal by residents who are saying, "Hey, this is the reason" -- I think they give sufficient reasons, and I think they paid the fee in accordance with the Code. I will tell you, Mr. Riley's correct. He's a good lawyer. And if you go to the PZAB site, it does say -- it has a bunch of additional requirements that go well beyond, and that's what he cited. But when you go to the Miami 21 Code -- I mean, when you go to Miami 21, all it says is, "together with payment ol'any required fee. " My client showed up at the office and said, "Here's my appeal. What's the required fee?" The minute they were told, "Oh, you're not technically abutting under this definition, " they paid the remainder. So to me, it's -- Chair Russell: And the payment of that initial fee was within the time period? Mr. Winker: Yes, absolutely. Chair Russell: So here -- Commissioner Hardemon: I have a question -- Chair Russell: Go ahead. Commissioner Hardemon: --for Mr. Kemp. Mr. Kemp, can you step to the lectern, please? And I want to remind you that you were sworn in. Ulysses Kemp: Yes, sir. Commissioner Hardemon: I have a very simple question for you. Did you intentionally sidestep the procedures that are required to appeal in this matter as what was described on the record? Mr. Kemp: No way did I do anything intentionally of that nature. Commissioner Hardemon: Okay. I don't have any other questions of him. Chair Russell: Thank you very much, Mr. Kemp. So, for me, I don't have a problem with someone paying for someone else's fee if the Code is silent to that, so I don't think it's a big issue. Commissioner Carollo: How much is the fee? Chair Russell: Well, it grew -- Commissioner Hardemon: From 600 to like 4,500, I believe. Commissioner Carollo: 600 to 4,500? Commissioner Hardemon: Yes. Mr. Winker: 600 to 4,500, yes, sir; for which, he went (UNINTELLIGIBLE). Commissioner Carollo: For residents to appeal? City of Miami Page 158 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Commissioner Hardemon: It's a little bit more. Mr. Winker: A non -abutting resident. So we filed the appeal. Mr. Munguia lives 53 feet away, but he's like kind of cattycorner, so he doesn't meet the definition of "abutting, " and was able to file for the $600 fee, and then we were notified shortly after the application that in order to -- because he was not abut -- City said, "We found you're not abutting" -- I read the email into the record -- saying, "You're not abutting; you owe the $5,100. " Chair Russell: Thank you. So, let me just go through my list, if I could. Commissioner Carollo: Well, that's another one I'm going to have to put to look to change. Chair Russell: Appellate fees. Commissioner Carollo: That's not right that -- I mean, look, it's one thing if come from another neighborhood and try to get in someone else's business. Commissioner Hardemon: That's exactly what was happening, (UNINTELLIGIBLE). Commissioner Carollo: Yeah, but — t ice Chair Gort: (UNINTELLIGIBLE) happen. Commissioner Carollo: --he says 51 feet. Commissioner Hardemon: But not here, not here. Not in -- not necessarily in this matter, but that's what was happening in the City of Miami. You were having appeals from people who were across town. Chair Russell: Right. Commissioner Hardemon: I appealed (UNINTELLIGIBLE) -- Chair Russell: So, a higher burden (UNINTELLIGIBLE). Okay. Commissioner Carollo: But -- Vice Chair Gort: (UNINTELLIGIBLE) competition (UNINTELLIGIBLE). Commissioner Carollo: -- when you give that legal — a long legal opinion -- I'm glad that we don't have Eddy Leal as our City Attorney anymore, and you took over. But when you give me that long legal opinion, you mentioned the President. You weren't comparing yourself to something Trump did or didn't do? Commissioner Hardemon: Well, I know I've never --I haven't violated the law. Commissioner Carollo: Huh? Commissioner Hardemon: I was just mentioning the fact that those individuals were accused of that sort of matter. I wouldn't do anything like that. Commissioner Carollo: Okay. What individuals? Commissioner Hardemon: I don't know their names. City of Miami Page 159 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Oh, you're saying from -- Commissioner Hardemon: I saw it on the news. I try not to watch too much news; it's really depressing. Commissioner Carollo: I just heard, "The President. " Chair Russell: All right, guys. Commissioner Carollo: I heard, "The President. " Chair Russell: We got a long way to go; let's focus, let's focus, gentlemen. All right, so my -- from my list, I don't have an issue with the abutting, non -abutting. I think that cure was fine. I think it's okay for someone to pay for someone else. It's not spoken to in the Code. The reasons given, I may have issue based on what -- when it says, "and other reasons to be brought up at the appeal, " we're going to hear those on substance, and if they go so far above and beyond what is stated in the appeal, that might be an issue; we'll see. And then -- L ice Chair Gort: Let's hear the thing. Chair Russell: Yeah, I think that's where we're going, because -- and so, I don't think that the threshold issue here -- I see the gray areas that have been brought up, but I don't see anything here that disqualifies this appellant if they were within the date and they are a neighbor. I don't think it's an issue that they supported at one point, didn't show up at PZAB, but then later decided to appeal. I think that's perfectly legal to change your mind in that sense, if someone changed your mind or showed you other facts. I don't think that disqualifies you for standing. Commissioner Hardemon: Right. So, I think that the argument that was made by Mr. Riley is a good argument. I think it's a very good argument. Certainly, that is the argument to make. However, when it comes to this sort of -- when it comes to this, where the Code specifically says that it's the payment and it's the appeal, and then it— it basically ends up before us -- Chair Russell: Yep. Commissioner Hardemon: -- I think that enough, under the law, could have been done. I think -- and the harm will be way too great to not hear it -- Chair Russell: Correct. Commissioner Hardemon: -- rather than to deny -- well, the harm would be too great. And so, with that being said, what I would do is instead of waiting necessarily, I would actually move that we decry Mr. Riley's motion to keep the appeal from being heard substantively. Chair Russell: Understood. I don't know that we need to vote on that, because it was simply a -- Commissioner Hardemon: Well, we should — it should -- it needs to be a will of the body, at least. Chair Russell: That's true. Commissioner Hardemon: I just want it to be fair. City of Miami Page 160 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: That's true. Commissioner Carollo: What is the motion? Chair Russell: So -- Commissioner Hardemon: The motion -- Chair Russell: He wasn't here when it first came up. So Mr. Riley says that they shouldn't be appealing at all, because they didn't meet the threshold to be before us, and that's what we've been arguing all this time. We haven't even gotten into the substance yet. Commissioner Hardemon is saying it should be before us, so let's go ahead and hear it; am I correct? Commissioner Hardemon: Right. I'm saying that what was put on the record, including the statement of Mr. Ulysses Kemp that was put on the record -- all the evidence that was put on the record and the arguments were good arguments made by Mr. Riley; however, I think that, at the end of the day, the spirit of why you have an appeal process, the notice, the requirement for payment, et cetera, it's been clearly met. Chair Russell: So the City Attorney's recommendation was just to reserve judgment on that. Commissioner Hardemon: She was just saying reserve judgment. I think that the City Attorney's -- Chair Russell: You'd rather make the judgment? Commissioner Hardemon: Yeah. I think the City Attorney's position is probably a safe one to take -- Chair Russell: Yeah. Commissioner Hardemon: -- but it certainly is something that if, for instance, we granted Mr. Riley's motion, what I believe she's saying is that the -- Chair Russell: He would have grounds. Sure. Commissioner Hardemon: -- the appellant would have grounds to appeal, and then Chair Russell: And I'd agree. Commissioner Hardemon: --we'll be back here again. I don't think that anyone is going to appeal -- ti ice Chair Gort: Let's hear the case. Commissioner Hardemon: --this. What we're just (UNINTELLIGIBLE). Chair Russell: Got it. The only thing I'd like clarification on is Mr. Kemp's involvement. Is he an appellant or not? Mr. Winker: Yeah. He's listed on the appeal. I think where -- Chair Russell: So Munguia is the appellant. City of Miami Page 161 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Winker: Right. Well, there's four -- Commissioner Gort: Four people are the appellant. Mr. Winker: Let's be clear. There's an appellant; Munguia, and then there's three other co -appellants. So the idea here is -- we could attack each one, but the idea is — exactly, they're three -- Chair Russell: Well -- but (UNINTELLIGIBLE) being an appellant gives them standing to be in the discussion, which is -- Mr. Winker: Correct. Chair Russell: -- what was brought up before. He is representing a homeowners association, correct; not as an individual? Mr. Winker: No; as an individual. Chair Russell: As an individual? Mr. Winker: Yes. Commissioner Hardemon: So how does he meet the definition of "appellant"? Like, I understand the whole supportive thing, because the way that I see it is that, at most, what he would be is a witness, and you could use him as a witness, because you have -- Chair Russell: That's where I'm going. Commissioner Hardemon: -- a correct appellant, right? But there's no further right that he has than -- or equal right that he has to be appellant. For instance, he can't call witnesses; the appellant can call witnesses. I would not expect him and all the other individuals to call witnesses, because they're not the appellant. Mr. Winker: Correct. So the idea is the person who lives within 50 feet, and that's what Mr. Riley is calling the appellant. Commissioner Hardemon: Correct. Mr. Winker: Because, you know, if we had — if we get into a point where I have to concede that Rosa can't call witnesses, like I'm. fine to go there, but the idea is when they had filed, I think in their mind, "We are four individuals, lived in the neighborhood, and we're filing this. " If you see, it's not signed on behalf'-- Commissioner Hardemon: Right. Mr. Winker: -- the corporate -- of the nonprofits. But, yes, the idea is, in my mind, personally, Kirk is the appellant. Commissioner Hardemon: Right. Mr. Winker: He would need that -- if I had to argue with you about it, I would be zeroing in on him as my best argument. Commissioner Hardemon: Okay, good. City of Miami Page 162 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: I think we're clear. I'll second your motion, Commissioner. Mr. Director. Commissioner Carollo: Are you registered as a lobbyist or --? Mr. Winker: Yes, sir. Commissioner Carollo: Okay. Do the appellants have to be registered, too, as lobbyists or not? Chair Russell: No. Commissioner Hardemon: Probablv not. They 're probably probably not. I don't know. I do not know. Chair Russell: Mr. Director, you had a comment? I'll let someone -- the City Attorney answer you on that -- Mr. Garcia: Yes. Chair Russell: -- when they find that information. Mr. Garcia: Yes, I did have a comment, but it's not related to Commissioner Carollo's question. Chair Russell: Understood. They're going to look that up. Mr. Garcia: T'ery well. Chair Russell: I think we know the answer, but they're going to look it up. Mr. Garcia: So for your consideration -- because it is certainly the case that, ultimately, it is the Commission's decision as to whether or not there are specific reasons for this appeal, an item that has been brought up. What I'd like for you to consider, and I'd like to receive information -- and wherever this case ends up, I'd like this issue to be further illuminated -- is this: There is, as part of your backup, a 15 page, thorough and detailed study and analysis, drafted by your Planning Department, and other supporting departments that shows exactly why this application meets the standards that allow it for recommendation for approval with conditions, which are also very specific for your consideration; originally for the Planning, Zoning and Appeals Board consideration, which concurred with the Planning Department, and now an appeal for your de novo consideration. What I will say is this: I certainly have never stated that I consider any of our analyses to be perfect. I am certain that many have been flawed, and that probably all of them can be improved. However, part of the reason for this process is that once we are made aware of any potential defect in the application, any potential defect in our analysis, we are then given proper chance to correct it. Receiving an appeal that simply says, "The project does not comply with Miami 21, " is not helpful towards that end at all. Thank you. Chair Russell: Thank you. Thank you, Mr. Director. Mr. Winker: And I'd like to address that, just to make sure that we're clear. Yeah, I did not mean to imply in any manner that the process was any other than what you're saying, which was application, recommend denial; they come back with a revised application; recommend denial. They meet your criter — you know, in your mind, the criteria that need to be met, and then they did it. So, I want to make sure City of Miami Page 163 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 you didn't think I was implying anything untoward happened during that process. That's not at all what I -- that's not — No, I'm going to -- CommissionerHardemon: And — Chair Russell: No, it's -- that's fair. So do you need a vote on this motion? Commissioner Hardemon: Before we vote -- and I'm not sure if I did this at the last hearing, but I also want to make a Jennings disclosure. I had an opportunity to speak briefly with members in opposition; specifically Mr. Kemp, briefly, regarding this application; also with the principals of the application and their lawyers, and I will consider that -- and maybe lobbyists. And so, I just want that to be put on the record that I had an opportunity to speak with everyone regarding the facts of this application that is going forward today. Chair Russell: Thank you, and I'm in the same position. Although I didn't have a formal meeting with Mr. Kemp; we just bumped into each other at a separate meeting in Morningside, where you mentioned your opposition to the situation and the traffic issue. All right. So, there's a motion and a second with regard to denying the threshold issue brought up by Mr. Riley. Is there arty further discussion on that? All in favor, say "aye. " The Commission (Collectively): Aye. Commissioner Gort: Let's hear the case, and let's go. Chair Russell: Any opposed? Okay. Hearing none, we'll move forward with substance. Mr. Winker, you can start. How much time do you need? Mr. Winker: I'll try to do it in about 10 minutes, 12 minutes. Chair Russell: That sounds perfect. Mr. Winker: If you want to put the buzzer on me, IZl wrap it up. Chair Russell: We'll put it on 12. Mr. Winker: David Winker, on behalf of the neighborhood associations and the individuals we've been discussing. The City of Miami adopted the form -based Miami 21 Zoning Code in 2009, after 60 public meetings and over 500 informal gatherings, in order to decrease exceptions that had led to a hodgepodge of incompatible buildings and uses and traffic problems, and to increase predictability for residents. The idea was intended to promote more stable property values and resident qualify of life. Yet, here we are again being asked by wealthy and politically connected businesspeople that don't live in the neighborhood to force a zoning exception over the vehement objection of residential neighborhoods and the neighborhood associations. Once again, a residential neighborhood is being asked to bear the burden while wealthy individuals reap the benefits. I often sit with clients during the course of representation involving a conflict, and I ask them, "Why do you think the other side is upset with you, prosecuting you, suing you, .fighting you? " I find this a constructive exercise, because it allows the client to put themselves in the other side's shoes and see the conflict from a different angle. Why does the Buena i ista neighborhood almost unanimously oppose this project? I have not had the opportunity to meet the Centners personally, but almost everything that the Centners have done regarding the Centner Academy has been troubling. My involvement in this case began with a threatening text from their attorney in Connecticut to Mr. Munguia. "Mr. Munguia, my name is John Doroghazi. I am a City of Miami Page 164 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 litigation attorney at the law firm of Wiggins [sic] and Dana, which represents Centner Academy and the Centnerfamily in various matters. Centner Academy and its owners are considering taking a number of immediate legal actions, including filing a lawsuit against you; seeking injunctive relief and monetary damages to resolve your appeal of the board decision that is preventing the Centner Academy from receiving its certificate of occupancy. I have advised them that before they take that step, it might be beneficial for us to speak so that you understand what that litigation would entail and to see if you would reconsider your decision to press your appeal. " This text gives us insight to what is going on here. The Centners are used to getting what they want. The text from their attorney reveals that they do not want to engage with the neighborhoods, with the neighborhood and its neighbors, but want to achieve their goes through threats, intimidation, and political muscle. Why did the Centners choose this path rather than community engagement? There was one public meeting on May 30, where the neighbors expressed almost unanimous objection to the project. Neither the Centners, nor their representatives, ever bothered to attend any of the numerous neighborhood association meetings. This is a shame, because if the Centners had bothered to engage the community, they would have found that Buena b ista has active and involved neighborhood associations and residents that welcome and need smart development. I think a lot of what has happened is due to the fact that the Centners began construction without having the proper zoning. Despite not having zoning for a preschool, they pulled a building permit to begin construction on November 28, 2018. They did not apply for an exception until five months later, on March 26, 2019. This evidence -- this could evidence arrogance, but it also characterizes how the CentnerAcademy has gone about its business. It is also a calculated strategy to pressure the City into approving what the Centners have already done. The Centners' strategy is the oldest trick in the hook. Ask it's better to ask for forgiveness than permission. They are arguing, "It wouldn't he a fair outcome. We did all this construction. You need to approve our preschool and allow us to do something that the Zoning Code doesn't allow us to do right now. " The Centner Academy held a widely publicized grand opening in August, with representatives from the Mayor's office, Commissioner Hardemon's office and Commissioner Russell's office. As reported in the media, to commemorate the occasion -- Mr. Riley: Commissioner, I just need to object for the record. This has nothing to do with Miami 21. We're getting way beyond the substance. We're getting into building permitting issues. I just want to make the objection for -- Mr. Winker: I will. I -- Commissioner Hardemon: I assumed you had given us some long opening statement, because it's certainly not evidence, right? Mr. Winker: I will bring it to the evidence. The idea here is -- Commissioner Carollo: Mr. Riley, why didn't they invite me? Mr. Riley: I'm sorry? I couldn't hear. Commissioner Carollo: Why didn't they invite me? Mr. Riley: Oh, no. You're always invited (UNINTELLIGIBLE). Commissioner Carollo: Oh. Now he don't mind talking about it, right? I'm invited. That's okay. I -- Mr. Riley: Anything that I'm involved in, you're invited. City of Miami Page 165 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: I'd rather walk alone. Vice Chair Gort: Don't feel bad; I didn't get invited, either. Chair Russell: I'm sure Mr. Winker is getting to the Miami 21 section (UNINTELLIGIBLE). Mr. Winker: I will, (UNINTELLIGIBLE). At the party you missed the — a performer from the Confucius Institute at Miami Dade College played a musical piece. Commissioner Carollo: Oh, my God. Mr. Winker: All this was done -- Commissioner Carollo: Confucius Institute. Mr. Winker: All this was done -- Commissioner Carollo: You're -- Mr. Winker: I'm sorry. Commissioner Carollo: -- now I know why the Colonel wasn't here today; he's trying to become President of Miami Dade, and they want to get rid of the Confucius Institute, so he's -- he didn't want to be involved in that. I -- okay. I'm sorry. Go ahead. Mr. Winker: No. Yes, sir. All this was done without a certificate of occupancy, a certificate of completion, or any temporary certificates to allow the public into the building. As such, under City of Miami Code, no one was permitted to be in the building, other than construction workers. Again, why are we here? The Centners are not doing things the right way, and they're blaming the neighbors for the delay. We respectfully request that the zoning exception requested by the Centner Academy should be denied, because this is exactly the type of exception Miami 21 is designed to avoid; neighborhood opposition is almost unanimous. The underground parking plan that they have proposed results in a real and present carbon monoxide danger to children, in violation of the Miami -Dade County Code. The proposed zoning exception does not conform to the explicit criteria of Miami 21. Under Miami 21, Section 7.1.2.6, "The City shall consider the manner in which the proposed use will operate, given its location and proximity to less intense uses. " The City analysis, in an attempt to satisfy this requirement, states, "Educational facilities tend to support the residential communities in which they are located by providing a safe and easy way for families to access the preschool. " As we've discussed, with an annual tuition of $24, 000, this for profit preschool is far more expensive than will be affordable to the income level of residents in the Buena i ista community. As such, the Centner Academy fails to support the surrounding residential area. It supports wealthy individuals from other neighborhoods, who will come in and impact our — and impact Buena b ista with traffic and noise, but it will not benefit the community. The Child Drop -Off Plan is internally inconsistent and illogical. Analysis I and 2 from the City contains the following statement: "The surface parking is available.for parents. It is anticipated that most parents will park and then walk their children to class. " This is a completely logical statement to anyone who's had children and had to drop them off at a day care. However, Analysis 3 changed. It does not contain a statement; rather, it states, "Because of the physical constraints of the existing site, the applicant has agreed to install a boom barrier at the entrance of the parking lot. The lot will be closed City of Miami Page 166 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 during the pick-up and drop-off periods. By preventing the drop-off and pick-up of students on the surface lot during the busiest time of day, the number of conflicts between the vehicles and pedestrians will be minimized. " If we jump into the City analysis, I would start by saying that on Page 1, it talks about 195 students. Page 2 breaks it down into -- and you can see on the arrows -- three shifts of 67 students, from 7 a.m. to I p.m.; 68 students on the next shift, and 70 students on the following shift. That adds up to 205. So that's an additional 10 students that aren't accounted for on the other part. This is the plan for picking up the students. I think it's really important that we pay attention to what this is, because when you look at this and follow it, you can see the absurdity of this model. I'll get to the life safety issue in a second. But what you have is people pulling off the street, pulling through the gray area into an underground garage; pulling around, parking; someone taking the child out of the seat -- out of the car, and then if you see -- if you follow the arrow, you can see the gray area I marked gray, "Area clear of vehicle for turns," they -- the car has to swerve into oncoming traffic in order to make the turn; bad planning, and I'll -- but I'll get into why I think it's a bigger deal. This next slide is the original plan of the garage. This was designed as an Office building with cars pulling into the garage, parking, going up and doing their business, and coming back. As you can see, they've changed that where this underground parking now is going to be a stacking area for running vehicles; 195 trips twice a day. Let's do the math. One minute each. It's very difficult to get a car -- child out of the car, but I'll give you one minute each. That's 6.5 hours a day there's going to be idling cars underneath this garage. Is the word, "carbon monoxide, " mentioned anywhere in this report? It is not. And not only is it not mentioned, but I would bring to your attention that under the Miami -Dade County Code, any zoning -- Okay. So, leave that up. The Miami -Dade County Code comes into play because this is a educational facility. Educational facilities are not able to be addressed by the City Code. There's an exemption. There's preemption, basically. So, you go up into the County Code. Mr. Riley: Mr. Chairman -- Mr. Winker: Now, the County Code, which applies, specifically addresses the carbon monoxide, and requires any zoning exception not result in a material increase in the risk of potential for discharge or spillage of pollutants, or generation of carbon monoxide at unsafe levels. Mr. Riley: Mr. Chairman, I just need to object for the record. Mr. Winker is a attorney; unsubstantiated testimony of counsel. He is not a traffic engineer. I just need to make sure that that's timely for the record. Mr. Winker: Yeah. I was just going to get to Chair Russell: Noted. Thank you. Mr. Winker: I'm going to read into the record -- I have a -- an architectural report that I'd like to read into it. "My name is Melissa Meyer. " Mr. Riley: Mr. Chairman, I object. I don't have an opportunity to cross-examine anybody that is -- he's submitting an expert testimony for. I have my experts here. I won't have an opportunity to cross-examine them. That is totally inappropriate. Chair Russell: Mr. Winker, are you submitting an expert testimony? Mr. Winker: Yes. Well, I'll submit my letter. But the idea here is, this is not mentioned anywhere in the City analysis of how you deal with this carbon monoxide. There is a ventilation system that was designed for a normal parking City of Miami Page 167 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 situation of cars pulling in; not for idling cars 6.5 hours a day. So I -- to me, this needs to get sent back -- you know, I have a couple suggestions to wrap up. This is not well thought out. I think that the idea -- this carbon monoxide problem presents a real problem that I think needs to be addressed and incorporated into the study. The plan as it stands, to me, presents a real dam -- a real danger to the employees, whose job it is to stand inside that garage; for the people in the building, as it seeps up into the building; 6.5 hour -- almost the entire day the car is running in there, and then to the children themselves as they're exiting and entering the vehicles. With that -- I just want to make sure -- there was a -- I'm done. Chair Russell: Thank you. So, is there anything --? So I -- what I'm hearing is recommendations for a better drop-off plan and a safer garage, but I'm -- what I haven't heard is the specifics of Miami 21 with regard to the exception being granted, which violates Miami 21 -- Mr. Winker: Perfect. Chair Russell: -- should deny the exception. Mr. Winker: Exactly. So, I will go through -- let me just raise those, and then we can go through it. So as Igo back to the burden on the Centners, their burden is to show that the exception conforms to the criteria of the Miami 21 Code. The first exception I said that it does not comply with is that the City has not considered the manner in which the proposed use will operate, given its location and proximity to less intense uses. How does that manifest itself? The parking plan is not going to work. I don't think parents are going to utilize it for a number of different reasons. That traffic is going to back up into the street. Their street is going to become the driveway for the parents as they drop off students. The next item that I was just speaking of, of the carbon monoxide, that is specifically to your Code. It has to do with -- there is a finding -- and Francisco can confirm it -- that they say that this -- there -- this is in compliance with the County Code requirements. I am saying, no, that is not true. This does result in a material increase and the risk of potential for Mr. Riley: Objection. Mr. Winker: -- generation of carbon monoxide -- Mr. Riley: Objection, Mr. Chairman. Mr. Winker: -- at unsafe levels. Mr. Riley: He's now testifying to what the County's Code applies to. He's not a County official. He's not traffic expert. He's not a building contractor. Chair Russell: All right. Mr. Riley: We're getting way beyond any substance (UNINTELLIGIBLE). Mr. Winker: I'm a lawyer. I'm pointing out the County Code. Chair Russell: What I'm learning is that lawyers throw the kitchen sink, trying to keep an amount of standing; and then they throw the kitchen sink in trying to find the substance, so we have to parch through all that, but thank you for bringing that to light. I see Commissioner Reyes is back with us. There he is. (Applause) City of Miami Page 168 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Reyes: Thankyou, thank you. Thankyou all. Thankyou very much. I just came from the hospital. They did a scan, and I had a little concussion. They sent me home and said, `Relax, " but I didn't. (UNINTELLIGIBLE). That's going to be Manolo for a while. I mean, because for the next four years, you guys have to deal with me, okay? Thankyou very much. God bless you all. Thankyou. (Applause) Commissioner Reyes: That's what I'm going to do. Do you need me for anything? (UNINTELLIGIBLE) Chair Russell: So, we're talking soccer? (UNINTELLIGIBLE) no. Commissioner Reyes: Let's do it. Chair Russell: You need the rest. You need the rest. Commissioner Reyes: No, no. I mean, I'm ready, I'm ready. Chair Russell: No, no. I knew you would say that, but I want you to rest. Commissioner Reyes: (UNINTELLIGIBLE). I love you. Okay. Commissioner Carollo: Let me help you, so we have Manolo for a long time. Chair Russell: There's some steps over there; be careful. Commissioner Reyes: Don't push me now. Chair Russell: Yeah, I thought so, too. That's good to see. Mr. Winker, do you rest? All right. For rebuttal. Mr. Riley: Yes. Mr. Chairman, I also have a PowerPoint presentation, since this is a de novo application. I'm going to fly through it as fast as I can. And I have it on the screen. I don't know if you guys -- if the Commission can see it. But listening to some of the testimony today, and listening to -- and reading the things that were portrayed about the Centner family in the Crespogram, and other places -- Unidentified Speaker: (UNINTELLIGIBLE). Mr. Riley: I thought I was representing like the Clinton Foundation, where people were just making up things about the people that I was dealing with. But I just want to show you one example of that before I get into the merits. This came out in the Nextdoor app. When they say they have substantial support from Buena Vista to oppose this application, again, simply not true. I passed out a booklet, and I want to incorporate that booklet. That's the same booklet that was provided before the Planning and Zoning Appeals Board. So, I'd like to incorporate that booklet and the testimony before the Planning and Zoning Board in order -- into this application just to shorten --for brevity purposes. But you'll see, this was written by Ulysses Kemp. It says that, "We're going to have a 'K' through 12. " Not true. Says, "We're going to increase grades every year. " Not true. None of ' this was provided in this application, and none of this is pertinent to the discussions that are before you. But let me show you what is pertinent to the discussions before you. The Centner family is a family that is making Miami proud, and I'm here to tell you that I was so impressed by them that I went in-house counsel and left my legal career to join them, because they are amazing people. Okay? They even -- Leila Centner started off by philanthropy. They're not developers. They started off by City of Miami Page 169 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 doing good. First thing that they did, as an example, is they created the David and Leila Centner Culinary Experience at the Lotus House. That was helping transform lives of homeless people and trying to create employment to go from homeless to employment. They created an app on social media. They created it; called "Gudly, " with cutting edge anti -bully architecture. They contributed to the PACER's (Parent Advocacy Coalition for Educational Rights) National Anti - Bullying Center. They have embarked upon trying to create a teachers' village here in the City of Miami. When you talked about teachers before and low-income housing, that's what the Centners are about. That's what the Centners have been trying to do, and that's what their vision is. They give back to the community in ways where people that are less fortunate than maybe myself or you can go out and have fun with their families. The most recent part of them trying to be a good fabric of the community is a event that they hosted, free of charge, to anybody that wanted to come, the FunDimension. Now, to talk about the property itself. I mentioned they weren't developers, and I hope that they are developers in the future, because they have a great vision, but they didn't develop this property. This property was developed when they bought it. It was developed as an office building. This is the building as it appeared before they acquired the property. This is the lot, the secondary western lot that is shown in your staff support -- staff recommendation. That's what it looked like before they purchased the property. This is an aerial view of the surrounding area. To the north of us is a vacant lot. To the north of that is multifamily. To the eastern side of North Miami Avenue is multifamily. If you look on the south view along North Miami Avenue, you'll see that there is an office building directly to our south and a surface parking lot directly to our south. You'll see that we're one block removed from the Miami Design District. You'll see that whenever they first acquired the property, the property had that configuration of a subterranean garage, and that's -- and that building was approved by the City of Miami through a waiver application. It didn't go to public hearing. And there's very important things within that waiver application. Before the property got approved, before the waiver was approved, there was a 20-space parking lot, and it was a dilapidated parking lot. The waiver that they got approved that Mr. Winker spoke about approved the existing three-story building with ground floor retail, including a bank, including upper -level offices, and an active roof deck, but more than that, they got a 10 percent reduction in parking for that waiver -- for that Office building. The application that was before Planning and Zoning Appeals Board and before you today is variance free. It complies with every requirement of Miami 21, and that office building if you -- and the Code that -- the section of the -- that you're looking at now provides for the Florida Building Code's table of occupant load. That office building was built as 20,570 square feet. It had -- it could have a 205-occupant load. Now, the school that's before you today, a preschool, has a maximum student enrollment -- once we make maximum capacity, if we're fortunate enough to do it -- of 120 student stations. Mr. Winker was talking about 195. That's when we first started the application. We reduced our number. We reduced our number at the Planning and Zoning Appeals Board. So that testimony -- and I call it testimony, because it's unsubstantiated commentary from counsel -- is also incorrect. They have 13 staff members within that preschool, and 120 student stations, and 13 staff members; substantially lower than 205 occupants within an office building that they acquired. Now, let me talk to you about the building use conversion. The building use conversion proposes a state-of-the-art educational program for young children, between two and a half and six years of age; not a X" through 12. The Centner Academy is devoted to assisting young children develop a high level of thinking, listening, speaking, reading, and writing proficiency, and Mandarin, Spanish and English, while also acquiring awareness of and empathy for other cultures. The curriculum developed by Centner Academy contemplates language acquisition with the involvement in world issues, local associations, and contact with brand -- with broad diversity of school guests. Mandarin will be used daily to provide content without repetition and translation City of Miami Page 170 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 into English and Spanish. I think that's amazing. I wish my kids would have gone there, because I can harely speak English. So I'm very proud of what the Centners are doing. I'm very proud of their vision. We talked about the garage. Let me tell you about the garage. The existing subterranean parking garage will be reconfigured to provide on -site vehicular queuing, containing both a bypass lane and a drop-off lane. The garage will serve to provide an enclosed and secured drop-off and pick-up point that few, if any, area preschools are able to offer. Children will be dropped off in a totally secure space and will internally access the school, accompanied by Centner Academy professional staff during elevator vestibule. Traffic flow on site will be accommodated by a variety of enhancements, including electronic notification programming, on -site traffic attendants, and staggered arrival and dismissal times. One of those electronic program systems is called "Remind: School Communication " system and the "ClassDojo " system. In that handout, those are provided under Tabs 18 and 19. The western lot that we were talking about, we didn't include that western lot in our original proposal, and you heard previously that there were different staff recommendations. We didn't include that western lot, because we were asked to include that western lot by Miami -Dade County Traffic Engineering. We had enough parking within the subterranean parking garage, but Miami -Dade County Traffic Engineering says -- told us, "no. " They didn't think it was going to work. They said they wanted the bypass lane. They wanted the travel lane underneath the subterranean garage, but we had to make it up, and we had to provide not only the parking that the Code required, but we had to provide surplus parking. We're required to have 13 parking spaces. We have more than 13 parking spaces. We exceed the Code requirements. Now that property that I was talking to you about at 4136, the building -- the office building that was built, that's what it looked like before the Office building was built; that dilapidated surface parking lot. That's what it looked like whenever they built the building, before we purchased it. That's what it looks like today, after we made aesthetic improvements to the building. And I'm not going to just draw your attention to the aesthetic improvements. If you look closely at the site, you're going to see a minimum in that one picture of the front entrance of five security cameras. You heard from residents within the area that there's been a history of crime and that they would like us to address the crime. One of the concessions that we made with our neighbors through meetings -- and I'm going to show you in a minute -- was to make sure we have an abundance of security cameras, to make sure that we improve the area as good corporate citizens. That surface parking lot that's adjacent, that the County required us to include, that's what it looked like when we purchased it. That's what it looks like today. We provided a privacy wall. We provided a privacy wall that wasn't required by your Code, because the neighbor that was here to speak in favor of it, the one that lives right adjacent to us, asked us to do it. We provided it to them, and we made sure that we committed to our word. We provided an abundance of landscaping. The operational restrictions for the school is going to be as follows: I mentioned that we first proposed 195 student stations, and that was reduced to 120 student stations. The proposed hours of operations are going to be from 7 a.m. to 6 p.m., Monday through Friday, and it'll be 13 administrative teachers and staff on site. The amenities are going to include a multiple of items. One is, we're going to have over 7, 000 square feet of classroom space situated within 12 classrooms. What does that mean on 120 students? That means 10 students per classroom. That is well under the constitutional requirement, well under public schools, and well undermost private schools that I have ever been able to research. We're going to have nearly 5,000 square feet of outdoor recreational space. That recreational space is going to be divided into two outdoor areas. The first is located on the ground floor, on the south side of the building, existing -- of the existing building; recess off of North Miami Avenue. That recreational area will be enclosed by concrete walls, and it's located between two commercial uses. The second recreational area will be located on the rooftop of the existing building. The City of Miami Page 171 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 rooftop recreational area will be shaded by canopies, which will serve as a dual function of providing shade and absorbing noise. The rooftop deck located behind - - will be located behind a solid parapet wall and a 58-inch high guardrail made of Plexiglas. The use of the recreational areas will be staggered. No more than two classrooms will be -- utilize the recreational area at any given time, which means a maximum -- if we reach maximum enrollment, there'll be no more than 20 children utilizing the recreational areas at any given time. Since there are two recreational areas, the minimum number of shifts will be three per recreational space. Balls used -- and we went to this type of detail -- within the recreational areas will be restricted to the Wiffle Ball variation, balls that have low trajectory and low velocity; balls that can't go outside of our property boundaries. That's the type of detail that we worked with with your professional staff, and we engineered on our own. We were talking about the traffic impact analysis. The preschool will have three different arrival and dismissal times, which will be separated by at least 45 minutes in order to minimize overlapping of trips between shifts. The first will be a maximum of 40 students and will operate between 7 a.m. and 1 p.m.; drop off, 7 a.m.; pick up, I p.m. The second shift, also 40 students, will operate at 7:45 drop off- 2:15 p.m. for pick up. The third shift will be also 40 students, and will operate from 8: 30 a.m. and pick up will be at 3 o'clock p.m. Drop off is limited between the hours of 7 o'clock and 8:30. Pickup is limited between the hours of'1 and 3 p.m., well before rush-hour traffic. On -site queuing within the garage permits up to 20 cars at any single time. Traffic circulation attendants will also be used. Again, this is the type of detail we went into. Traffic circulation attendants will be at the entrance of the underground garage, as well as inside the underground garage. They will aid with the traffic flow on site. These professionals will be tasked with ensuring that vehicles are moving through the property at an appropriate pace and will be enhanced by traditional operations through the use of that electronic notification programming, like the Silent Dismissal Programming System. Additional traffic -calming measures includes speed zones that would be required. Now if many of you travel down North Miami Avenue, you know it doesn't have a raised median in the middle. Sometimes that's used as a raceway. The speed zone that's required, it's going to be critical as a traffic -calming element. Chair Russell: We're about at the end of the time, so if you could get to -- Mr. Riley: I'm going to -- Chair Russell: All right. Mr. Riley: -- go faster. We're going to have right -turn -only signs that require us to go onto North Miami Avenue. Chair Russell: That means no crossing traffic to turn the opposite direction? Mr. Riley: Yes, Mr. Chairman. We're going to have parent contracts. If they don't abide by our rules, three strikes and you're out. We're going to have other items. Now, I'm going to skip through a few things, but I just want to mention one thing right here. At one time during some of the press releases, it indicated that we're not committed to Buena I ista, because in my letter of intent, I said we were in a good location, that we were located on Miami -- on North Miami Avenue, with access to Miami Shores, Lemon City, Buena I ista, Wynwood, Omni, Park West, downtown Brickell, and so forth. That shows that when we looked at the property and we decided where to have a preschool, we thought that was an ideal location. I'll tell you why. Because preschools are not destination uses. Nobody comes from Doral to drop their kid off at a preschool and adds additional traffic on the roads and goes back to Doral. Maybe there's an exception for Ransom Everglades, but not for your traditional preschool. These are people that live in the area or work in the City of Miami Page 172 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 area. They're pass -by trips. I'm going to skip through our slides, because I think that you understand the building use program. I'm going to go through all of that. We have a traffic engineer. Our traffic engineer professional is here to answer your questions. I'm going to skip through his presentation. We have our architect here. I'm going to skip through his presentation, but he's here to answer any questions. But let me talk to you about the standard of review, because Mr. Chairman, you brought this up. And this is what your Code says, specifically: "Review and Findings. The Planning, Zoning and Appeals Board shall give full consideration to the Planning Director's recommendations and shall determine whether to grant an application for an exception, to grant the conditions and safeguards or to deny the application. The Planning and Zoning Appeals Board shall include a citation of legal authority for any denial of an exception. Approvals shall be granted when the application complies with all applicable regulations. Conditional approvals shall be issued when such applications require conditions in order for it to be found in compliance with the applicable regulations, and denials of applications shall be issued only if, after conditions and safeguards have been considered, the application still fails to comply with applicable regulations. " The appeal to City Commission has to comply with the same standards, and I provided you the section of the Code, 7.1.5. This has been litigated, Commissioners. The most recent time it was litigated was in the b illage of Palmetto Bay versus Palmer Trinity Private School, decided by the Third District on July 5, 2012, and I'm going to finish right after this. And what the Court said is, "An applicant seeking a special exception" -- and that's what they call it in the County, a special exception - - "must demonstrate to the decision -making body that its proposal is consistent with the County's land use plan, that the use is specifically authorized in the applicable zoning district, and that it require" -- "and the request meets the applicable Zoning Code standards of review. If an applicant meets the burden, then the request must be granted, unless the opponent carries his burden to demonstrate the applicant's request does not meet the standards and are, in fact, adverse to the public interest. " And in that situation, where the County Commission limited a request for 1,150 students and 950 students, this is what the Court concluded: There, as here, professional staff recommended approval of the request. There, as here, neighbors and a professional engineer appeared to oppose the request. There, as here, the opposition witness testimony proved not to be competent substantial evidence on the issue of the school's request. There, as here, removal of that unsupported condition mandated approval of the school. And I'm going to skip through this, because we've earned staffs recommendation of approval. We earned it through working with Miami -Dade County Transit. We earned it through your Planning Department. We earned it through your Zoning Department. We earned it by unanimous approval of the Planning and Zoning Appeals Board. This is something I showed you during my objections, how every single requirement, we met, and I'm just going to skip through it, but we met every single standard that your Code requires; every one, without exception. Now, do we comply with your zoning -- your land use designation? The answer's `yes. " To the right-hand side of your screen is the land use designation for the school. It's low density restricted commercial. Your Comprehensive Plan says, "This category also allows general Office, clinics, laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. " The property located to the west is duplex residential; places of worship, primary and secondary schools are permissible. The answer is `yes, " we comply. Do we comply with your Zoning Code for the T4-L? That's the section of the permitted uses. It says, "Elementary schools and preschools are permitted by exception, not by a zoning change; by exception. On the T3 lot, your permitted uses say the exact same thing: "Elementary schools and preschools are permitted by exception. " We comply with everything. I was going to talk to you about the conditions of approval. I'm going to skip over that for brevity purposes, and I'm going to finish with this: The Centner family respectfully requests that the Commission sustain the unanimous City ofMiami Page 173 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 decision of the Planning, Zoning and Appeals Board that was supported by your professional staff and Miami -Dade County. We thank you, and we know, if given the chance, we will make you proud. And I appreciate the time, Mr. Chairman. Chair Russell: Thank you. Can you go back to the slide that showed the breakdown of the shifts and the -- Mr. Riley: Yeah. Chair Russell: -- time with regard to drop off? Of the many things that we discuss here, I think traffic is a very crucial issue. Mr. Riley: Yes Chair Russell: And if it's not gotten correct, it will have a negative impact on the surrounding areas. So if I understand correctly, within the three shifts and the 45 minutes between, you're giving a little more than a minute per car to get through this system. Mr. Riley: Yes, sir. Chair Russell: And obviously, they usually bundle up right closer to the time of drop off, like when I drop my kids off. I don't quite fully understand this underground system, but it sounds like --first of all, it's mandatory. They can't -- Mr. Riley: Mandatory. Chair Russell: -- stop across the street and walk across the street. Parents have to use that underground spiral. Mr. Riley: Yes, Mr. Chairman. Chair Russell: Is that right? How do we know that that's going to function and not back up out onto the street? Because that's where we could have -- North Miami Avenue is an artery. and if it does back up -- Is the ingress on Miami Avenue or on the side road? Mr. Riley: It's on the side street. It's not on North Miami Avenue. Chair Russell: Okay. Mr. Riley: Okay? Chair Russell: And do they approach from Miami Avenue and then take a quick left or right, and then go right into it, or they -- Mr. Riley: Yes. Chair Russell: -- are they approaching from the neighborhood side? Mr. Riley: No, they're approaching from North Miami Avenue, and that's why we have that right -turn lane only, and we have the parent/teacher contracts, and that's also what's in our traffic report. I can call my traffic engineer, and he can answer your question, technically, if you would like, but on the queuing -- on the inside, the reason we had that bypass lane and the travel lane is that we have enough queuing on site to accommodate all that. We actually had enough queuing on site to accommodate 195 students -- City of Miami Page 174 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Chair Russell: How many -- Mr. Riley: -- but we reduced it to 120 Chair Russell: -- yeah, that's my question. Like let's say there's a backup; some parent can't find their phone in the backseat, or whatever, and they stop. How many cars can queue up before it gets backed up onto the street? Mr. Riley: Let me ask Joaquin b argas to come up, because he is the traffic expert that was at our Planning and Zoning Appeals Board. Chair Russell: For me, this is a pretty crucial issue. And then I have another question about -- that was brought up with regard to the fees that are charged and who the school is servicing, whether or not that's even relevant. Joaquin l"argas: For the record, Mr. Chairman and Commissioners, Joaquin L'argas, with Traf Tech Engineering. Your specific question is the amount of vehicles that can be stacked. On the underground -- and this was worked very closely with Miami -Dade County -- it can store eight vehicles at the underground. The ramp can hold an additional four vehicles, and obviously, we have the surface parking lot with 10 vehicles above grade. The analysis that we did that was approved by Miami -Dade County assumed three shifts of about 65 students. With 65 students, the eight vehicles stacking at the underground floor was concluded to be sufficient. Chair Russell: So there's eight there; four on the ramp. Now, the parking -- the 10- car parking lot, is that used for part of the stocking or is that just for staff? Mr. largas: That is -- it will be available for overflow in case it's needed. We don't think it's going to be needed, at all. Chair Russell: But it is accessible -- it's en route to the ramp? Mr. i argas: Yes. Chair Russell: (UNINTELLIGIBLE) you could -- Mr. b argas: No, it isn't. Let me describe the flow inbound and the access to the parking, as well. So the access, we have two access driveways off of 42nd Street. There's no access off of North Miami Avenue, at all. So from North Miami Avenue, traffic will enter onto 42nd Street, and off of 42nd Street, there are two driveways; one that takes you to the underground -- and underground, there are parking spaces for staff only -- and the circulation for the drop off and pick up. Chair Russell: Okay. Mr. b argas: And then there's another driveway next to the one that goes underground, with a surface parking lot. Chair Russell: And you're saying, if more than 12 get stuck in the ramp and the underground that parents could pull into this surface parking lot? Mr. largas: If needed. We don't see that as something that will happen. Miami - Dade County, based on the studies that they have done, have concluded that for a facility like this, you need stacking for about 10 percent of the student population. Since we're going to have three shifts, in this case -- City of Miami Page 175 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: 40. Mr. Largas: -- of 40 students, that's four cars. We have doubled that with the plan that we have. I recently did a study for another day care facility in Coral Gables. The day of the study, they had approximately 60 students, and there was a maximum of five cars at once. Obviously, you have more vehicles, but not all arrive at the same time. So we have more than ample stacking underground to accommodate the anticipated queuing, and we have additional surplus on the ramp and also on the surface parking lot. Chair Russell: So I -- (UNINTELLIGIBLE) a perfect theoretical world, they're all coming in periodic shifts, but if you've got 40 kids and they all have to be there, let's say, by 8 a.m. or 8: 30, you're not going to have them spread out. Nobody's coming 40 minutes early for class. You're going to have 20 coming in in a five-minute period closer to that deadline as a drop off. Mr. Riley: And that's specifically why we've incorporated that electronic notification system -- Chair Russell: Yes. Mr. Riley: --because that's a direct app that you get on your phones --right? --to let the parents know if there is any backup that we're extending the drop-off period. Chair Russell: Now -- Mr. Riley: Some of the other schools don't have, but -- Chair Russell: Understood. The right -turn -only thing is also for ingress; meaning, you can only be coming from the north and turn right? Mr. Largas: No. Chair Russell: Okay. So, you could be coming from the south? Mr. Largas: For the ingress -- Chair Russell: Yes. Mr. Largas: -- traffic -- the majority of the traffic will be coming from the south and from the north, via North Miami Avenue. Chair Russell: Correct. Mr. Iargas: So we -- you will be having left turns onto 42nd from the south and right turns if you're corning from the north. The egress movement -- and this is something that was vetted out in detail with Miami -Dade County -- we evaluated assuming for the egress. Once you exit, you're starting to go -- Chair Russell: You must turn right; that I understand. Mr. Largas: Exactly. And that was done purposely to ensure that there will be no backup blocking the exit (UNINTELLIGIBLE). Chair Russell: Understood on egress. Mr. Largas: Correct. City of Miami Page 176 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Chair Russell: But on ingress, for those turning left, who are heading northbound on Miami Avenue, is there a designated stacking lane for turning left? Mr. b argas: Yes. Chair Russell: There's a center lane? Mr. b argas: There -- it's a very short area that we have there, but there is room to accommodate vehicles off of the travel lane. Chair Russell: And then they pull into 40 -- Mr. i argas: 42nd. Chair Russell: -- 2"a -- Mr. i argas: 42"d Chair Russell: -- and that's when they can choose one of the two driveways? Mr. I argas: That is correct. Chair Russell: All right. The other question I had was with regard to the -- what is the tuition for the school? Mr. Riley: Okay. So, I wasn't able to get to that. The tuition is less than other schools comparable with this type of facility. Right now, it's at $24, 000, okay, for the year, but in addition to that, one of the conditions that we have is that at a minimum, the Centners have dedicated 10 percent of full -ride scholarships for the school. That's at a minimum. Let me explain to you what that means right now, okay? So, for the first year of operation, I (UNINTELLIGIBLE) -- I was trying to rush, but I was always saying that we're -- one day we'll hopefully get to the maximum. For the first year of operation, we had 18 kids registered that -- we didn't make the school year, but we had 18 kids registered. Nine of those kids were on a full -ride scholarship. Chair Russell: So half. But -- and I'm sorry if I forget. The total number of grades once you're at full capacity is how many grades? Mr. Riley: It's preschool and kindergarten. Chair Russell: So you -- okay. Mr. Riley: So it's (UNINTELLIGIBLE) and six. Chair Russell: All 120 will be between those two (UNINTELLIGIBLE)? Mr. Riley: Two and a half to six, yes, sir. Chair Russell: Okay. So, it's not going into elementary. Mr. Riley: No, sir. Chair Russell: Just preschool and kindergarten. And so, at the 10 percent mark, you're going to say, if you're at full capacity, at least 12 would be on full (UNINTELLIGIBLE) ? City of Miami Page 177 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Riley: Mandated upon its -- Chair Russell: Right. Mr. Riley: -- as I know some of you may have heard about the Centners, they'll probably do more than the mandated part, but that's our minimum -base threshold. Chair Russell: But at the first year's enrollment of 18 students, half of them are not paying anything? Mr. Riley: Notpaying anything. Chair Russell: And are those students selected from local area or --? Mr. Riley: So Ms. Centner, during her public comment, mentioned that three or four of them were from Buena i ista. Chair Russell: So -- and I guess this is for the Director, as well. Mr. Director? Mr. Garcia? Mr. Garcia: Yes, sir. Chair Russell: Is it -- so one of the things that's been brought up a lot is that by the tuition rate being so high that this school isn't necessarily catering to the surrounding residents of that Buena Vista neighborhood. Is that relevant when considering an exception for change of use to school use for the building? Mr. Garcia: No, sir. That is certainly not a zoning -related criterion that we would evaluate. But to answer the question (UNINTELLIGIBLE), when considering the appropriateness of the parking generated or the -- not the parking -- the traffic generated by the use itself, when considering its appropriateness and it's contextuality, we don't assume that everyone is going to come from the immediate vicinity; we don't assume that everyone is going to be coming from the neighborhood. We do assume that a significant component of the student body will come from areas abroad and will generate additional traffic in the nearby road network And so, all of that has been folded into our analysis. Whether the students come from next door or from the other side of town, this particular facility, the way it has designed, can accommodate (UNINTELLIGIBLE). Chair Russell: So that's pure traffic analysis. It's not within our jurisdiction to judge whether or not the rates they charge are appropriate for the neighborhood, or how many local students versus far -away students would be going; is that correct? Mr. Garcia: That's correct, sir, because the only relevance where the students come from that would have to us is what traffic it might generate, and that has been account for. Chair Russell: Got it. Mr. Winker: Could I address that? Chair Russell: Yes, of course. Mr. Winker: I'd like -- Section 7.1.2.6 of Miami 21, Francisco says that the City shall consider the manner in which the proposed use will operate, given its location and proximity to less intense uses. You guys, in your analysis, in an attempt to City of Miami Page 178 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 satisfy this requirement, stated, "Educational facilities tend to support the residential communities in which they are located by providing a safe and easy way for families to access the preschool. " I think it is relevant ij'a majority of students are coming outside of the catchment area, because it's an extremely expensive school and aimed at children outside. Is that correct? Mr. Garcia: Right. And so, what I would answer to that is that relative wealth or relative ability to pay for tuition is not a static factor; it is an evolving factor over time. And as pertains to the appropriateness of the use in the context of the neighborhood where it resides, our concern is to prevent or to mitigate potential adverse impacts, and we feel that the proposal as submitted does that. Mr. Winker: And it was interesting, because one of the comparables -- I believe it was KLA on Brickell -- was included, and, you know, to me, that wasn't applicable, because all the Brickell people use the Brickell KLA. It's not designed for people to come outside. I would proffer that this is much closer to a MAST (Maritime and Science Technology) Academy or a Ransom or a Carrollton model, where a majority of the students are driving in in cars from outside. Mr. Riley: Mr. Chairman? Chair Russell: Just a moment. But the section -- Mr. Winker, the section that you read used the verb -- you said, it "tends" to service the neighborhood. It didn't say, it "should" or "shall" service the neighborhood. Unidentified Speaker: Right. Chair Russell: It just -- it was a description of what schools do to a neighborhood, right? Mr. Winker: Yes, sir, because what they were trying to do is they were meeting their criteria. It was a City analysis, and they were trying to satisfy the criteria that the City has considered the manner in which the proposed use will operate, given its location and proximity to less intense uses. Chair Russell: Gotit. Mr. Winker: So, where I'm going with that is how do you in that analyze the use of this school? You have to look at the tuition and the makeup of the student body that comes in. Chair Russell: Uh-huh. Mr. Winker: You can't look at Ransom in a vacuum and say Ransom is like every other school. Ransom has a traffic impact on the Grove; no one would deny that, because people come from all over town to it. That is the model here. This is $24, 000 a year. There are --students are going to come from allover. Mr. Riley: And Ransom's almost double that tuition. Chair Russell: Sure. I mean, apples to apples, Ransom -- Mr. Riley: I don't think that's relevant. Chair Russell: -- I think they have something like a $2 million -a year scholarship fund, where nearly half the kids are on some form of financial aid in order to attract a diverse and even potentially nearby population, but no one could say that Ransom City of Miami Page 179 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 passes -- especially the middle and the high school -- the stacking test. Whatever studies they did to get to where they are -- Tigertail is a mess. Bayshore -- not Bayshore Drive, but Main Highway is a mess. It takes 30 minutes just to run that gauntlet. And so, I would say, of everything we've discussed here today, traffic is the key key element, and that's just my opinion on this board; that if the traffic plan and the drop-off plan failed, the negative impact on this community will have failed. Mr. Riley: Let me say three things. Chair Russell: Yeah. Mr. Riley: One is, an additional condition that we -- I didn't -- I skipped over was that at least for the first month of operation, we agreed to -- we agreed, and we reaffirmed that agreement, to hire security officers on site -- whether or not they're police officers or professional security guards, or whatever the case may be -- to make sure that's an additional traffic -calming device. Chair Russell: For traffic control, yes. Mr. Riley: Okay? For traffic control. We have that parent/teacher contract. And also, wherever you have a school, you have to get your CU (Certificate of Use) every year. If you start getting violations for that school, they can revoke your CU. Okay? So there's a lot of mechanisms for a school to make sure that you operate appropriately. When we went through Miami -Dade County Transit, they told us "no" several times, and my clients always said, "Go back and try to engineer whatever they ask you to do. " That's what we did. Chair Russell: Understood. So for my part, to say that each shift is 40 students, and that stacking within the ramp and the actual drop-off section is 12 cars, I wouldn't count the actual surface lot, because I don't see that as -- I see when parents are stacking to go in, they're not -- no one's going to divert and go wait off on a (UNINTELLIGIBLE). Mr. Riley: But I just want to clarify one thing our expert said. It's actually 20, because you got to remember the bypass lane and the travel lane. Chair Russell: Okay. Mr. Riley: So, you actually have more on there. Chair Russell: Right. But for me, in the ramp and on the drop-offthat's the question: Is that enough -- are those 12 cars in that queue enough to keep traffic flowing for a 40-car shift? I'm not an expert. Your expert says it is, and that's the big question before -- to me, anyway -- us in terms of negative impact on the neighborhood. I would -- I'm trying to picture the school where I drop my children Off -- Mr. Riley: Yes, sir. Chair Russell: -- and about the space that's -- about the number that can stack in there, and it's about something like that. It's probably eight or 10 cars, and I know there's well more (UNINTELLIGIBLE) -- they have a one -shift drop-off for a few hundred kids. Mr. Riley: Yes, sir. Chair Russell: So, I would say it's probably sufficient. City ofMiami Page 180 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Riley: Yes, sir Chair Russell: And the right -turn -only lane is something I'd like to see more schools take into account for egress, because that -- Mr. Riley: Yes, sir. Chair Russell: -- that's a killer when they're crossing and waiting and holding up, but -- I don't know. Commissioner Hardeman, this is your district; you know it much better than I. Commissioner Hardemon: So, I'm going to ask these questions -- Mr. Riley: Yes, Commissioner. Commissioner Hardemon: --in order for you to give the facts and not me give the facts. How many lanes are there on the main avenue? Mr. Riley: There are four travel lanes and one turning lane, so it's a five -lane highway. Chair Russell: Two north, two south. Commissioner Hardemon: It's a five -lane highway. Mr. Riley: Five -lane highway. Commissioner Hardemon: Yeah. And so, then, if you were traveling south then, would you say that you would be occupying the far western lane to turn into the property? Mr. Riley: Yes, sir. Yes, Commissioner. Commissioner Hardemon: And so, would there be a lane next to you that you could -- that cars could use to continue traveling south? Mr. Riley: They could. We're going to dis-encourage [sic] that. Commissioner Hardemon: No, no. Not -- Mr. Riley: But they could. Commissioner Hardemon: --not students, not your students. Mr. Riley: Oh. Oh, yes. I'm sorry. I misunderstood the question. Yes. The answer is, yes. Commissioner Hardemon: So then, would you say that there could always be traffic that would be traveling in the southward -- in the eastern lane, heading south? Mr. Riley: Yes, Commissioner. Commissioner Hardemon: That would not be impacted by the traffic if there was a, for instance, a queue line that backed up to Main Avenue? Mr. Riley: Yes, Commissioner. City of Miami Page 181 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Hardemon: The -- are there other businesses that are aligned on the main avenue? Mr. Riley: So right next to us on the south side is the Courtney Building. That's an Office building. This was also going to be that office building with a bank and retail. Commissioner Hardemon: Do you know what their parking (UNINTELLIGIBLE) is like? Mr. Riley: They have surface parking lot right in the rear. I have a picture of it. It doesn't comply with Miami 21. It was built prior to Miami 21. But you can see it. I apologize. I just want to find it. So you can see it. Where our surface parking lot is, if you go directly to the south, you could see their surface parking lot. Commissioner Hardemon: Okay. So, they would -- you would be traveling along the -- once again, the far western lane; you would have to make a turn to make it into their parking lot? Mr. Riley: Yes. Yes, Commissioner. Commissioner Hardemon: And then the other buildings that continue on south, they also suffer the same sort of issue, where you would have to turn off of the -- that far western lane to turn into their property? Mr. Riley: Yes, Commissioner. The -- anybody that would ever turn on the interior lane to go east would be the people that are going to the Design District, but generally, it isn't active during school hours. Commissioner Hardemon: Okay. And generally, the middle lane is always clear, except for cars that are turning eastbound -- well, if you were traveling southbound, you would be turning eastbound, and if you were traveling northbound, you would be turning westbound? Mr. Riley: That's correct, Commissioner. Commissioner Hardemon: The reason I'm bringing up these facts is because it appears to be that, first of all, that avenue is a main thoroughfare. You know, it has five traveling lanes. It's not two. It's not one going north, one going south. It's not even three; where one going north, one going south, and you have a turn lane. And so, there -- being on the main avenue, where, undoubtedly, this will continue to be developed according to Code -- according to our Miami 21, or whatever it is that this board decides that it's going to move forward with in the future. And so, when I look at this, I'm not as concerned necessarily about that sort of traffic there. In fact, it's probably going to have a more calming effect on the speed of traffic, considering that you're going to have speed zones put into place, because there is a school there, as compared to if it was an office space or a bar, or whatever it may be. And so, I think that it's going to have a more calming effect, because that area certainly has an issue with cut -through traffic, speeding, and that -- you know, those are real concerns of the neighborhood. Chair Russell: Traffic question that I forgot to ask. Mr. Riley: Yes, Mr. Chairman. Chair Russell: Let's say a student lives in Little Haiti, so they're coming from the north. City of Miami Page 182 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Riley: Yes. Chair Russell: Easy right-hand turn to go in. Mr. Riley: Yes. Chair Russell: Right? When the parent exits, they're only allowed to turn right, so they're heading south. Mr. Riley: That's correct. Chair Russell: How do they get back north Mr. Riley: How would they get back north? Chair Russell: Is everyone going to be doing U-turns in the middle of Miami Avenue or a block south of here, is my question? Mr. Riley: No. So, the way they would -- they'd have to go and they'd have to turn and they would go through the Design District to get back on Biscayne Boulevard, which is the next major thoroughfare. Chair Russell: Got it. Mr. Riley: But there's no U-turn for (UNINTELLIGIBLE) on North Miami Avenue. Chair Russell: Right, but that's what parents do when they come out of my school. They have to turn right -- Mr. Riley: And that's why -- Chair Russell: -- and they're not allowed to left. They go about a half a block and they do illegal U-turn. Mr. Riley: -- I glossed over it, but I want to make sure we have a commitment, and I want to make sure my word is the bond. If we -- if that ever happens, if we get Code Enforcement violations, we have a three -strike -and you're -out policy. We are going to run our school. We are not developers that build a building and leave. This is going to be a passion that the Centners wanted to have. We're going to be operating that school. And if -- and we're going to have complete control over the dynamics of that operation. Chair Russell: Thank you. Commissioner Gort. T ice Chair Gort: Let me ask a question: What was the use of the building before? Mr. Riley: I'm sorry, Commissioner? T ice Chair Gort: What was the use of the building before? Mr. Riley: So the use of the building was built as a three-story office building, with subterranean garage; on the ground floor was going to be a bank and retail uses. lice Chair Gort: Any idea, more or less, how marry people worked in those buildings? Mr. Riley: 205. City of Miami Page 183 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Vice Chair Gort: 205 people worked there. Mr. Riley: 205. t ice Chair Gort: All right. Let me tell you how I feel about this. I'm looking at the building, and I understand people are very afraid, because you have somebody that's going to have to pay 24, 000, whatever. But I think these people are willing to move in there, maintain the building, and make it a very historical looking building. I think sometimes things like that helps neighborhoods. Commissioner Hardemon: Commissioner, I will tell you that there area number of schools that are traditionally available. I'll give an example. I mean, we --on this dais, we've -- I've certainly -- and I got to remember correctly, but I know I fought against schools being put in the middle of residential blocks, even though the zoning allowed for it to happen. We thought that that was too intrusive, where someone would have to travel down towards the middle of a residential block to go to a school. Certainly, near here, there are other schools that are more affordable. There are more affordable options of schooling from some that are owned by the City of Miami to other private ones, but there's a multitude of schooling options, so I don't anyone to think that there's a -- this is an area where they do not have schools. However, I will say that I'm one of those people that believes that areas that are void of significant investment -- and that can be from schooling to businesses to just resources in general -- will continue to be that way, unless someone chooses to invest into those spaces. And so, you know, I'm not offended that tuition is that cost. There are some people here who live in that area that can afford to pay that cost, and there's others that need assistance from academic scholarships. And so, you know, the fact that people -- when I look at -- what's -- it's a school -- when I look at -- there's other schools that's within the Little Haiti area which is close to what's -- to where this is. Cushman, I believe is what it is. Cushman has bought a number of different properties around it. That's an outlier. It's a part of the facts that I'm describing, but what I will say is that if you look at the housing that is surrounding it, the effect that it's had on the housing that's near is something I think to be marveled at. It has led to the improvement of the conditions of that area. Now, I know for -- because it was stated on the record that the Centners have purchased housing that is around that area, but as I understood the facts, that that housing was being provided for teachers at a below -market rate, so that the teachers can actually walk to and from school. Is that fact still true? Chair Russell: Please come to the microphone, whoever would like to respond to that. Leila Centner: Hi. Yes, that's actually very true. Right now, I have two of my teachers who pay $500 a month for a beautiful place that we renovated right in the neighborhood, and they can just walk to school and -- Chair Russell: How far away? Ms. Centner: They walk across the street. And my other teachers that I will eventually be hiring will -- I have options in other six houses for them that I'm going to be cleaning up and doing the same thing. Commissioner Hardemon: So, you know, it's interesting because when we talk about buying and selling a property, you know, there has to be a willing buyer; there has to be willing seller, and those in the neighborhood are selling their properties to someone -- I know there was some mention of a 3, $4 million cost for a home, which is probably quite a bit for that area, but people are -- if the Centners would have bought that property, it would have been sold, right? And so, I say that City of Miami Page 184 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 to say that it -- just speaking generally upon not necessarily the substance of the appeal, but when we talk about the conditions surrounding the school, it seems like they're there to participate in the neighborhood and have a positive effect about -- on affordability and education, but that is of no matter when I'm considering what we're doing right now. What we're doing right now is looking at the appeal, and the question is, you know, is there competent substantial evidence that was -- or at least, right? -- competent substantial evidence that was presented by the appellant to -- in order for us to rule in his favor? And we've been at this matter for some time now, and I have yet to see one piece of evidence that was put on. In fact, all the evidence that I've been -- that I've witnessed has been put on by the appellee, which is really supported by not only the expert testimony, but the application itself and the details from the application. Chair Russell: Well -- Commissioner Hardemon: And so, I'm saying that to say that, you know, I'm in a position right now where I don't think that they've met their burden. That's my point. Chair Russell: I hear where you're going. The appellee did go quite over on time, so I'm going to reserve a little bit of time for the appellant to rebut -- Mr. Riley: Thank you. Chair Russell: -- (UNINTELLIGIBLE). Mr. Winker: And I just need maybe five minutes. Chair Russell: Yes. Mr. Winker: And I would respond, Mr. Hardemon, on the idea of they -- that's appropriate, because they have the burden. You know, we don't -- we do not have the burden. Commissioner Hardemon: No, the appellant. Mr. Winker: This is -- de novo -- let me go back. Commissioner Hardemon: No, I understand. Mr. Winker: De novo review where they have the burden -- I'm going to give you an example (UNINTELLIGIBLE). So, they have the burden of demonstrating that the zoning exception conforms to the criteria of the Miami 21 Code. So, like I would start, for example, you know, look at Finding 2 of the City's reports. It talks about compliance with the County Code. I'm showing you that the --you know, it's like what are you going to believe; your lying eyes or the expert testimony that they're proffering? This is going to result in a significant amount of carbon monoxide. I'm showing you where it will not comply. Commissioner Hardemon: Yeah, but I'm trying to understand where are you -- you're telling me this, but what facts -- Mr. Riley: The facts are -- if l could put my -- if l could put my thing up. Chair Russell: IT (Innovation and Technology)? Are you plugged in? Mr. Winker: Yes, sir. He just got to switch it over to the -- City ofMiami Page 185 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Chair Russell: They will. Mr. Riley: And I'm sorry to interject. I just want to say we passed every single Building Code permit that we've applied for. Chair Russell: Their implication is that if it were used for a one-time pull in parking lot for employees, that's one thing, but sitting cars in a sitting drop-off line can cause carbon monoxide to build up. Is that (UNINTELLIGIBLE)? Mr. Winker: He's provided -- the idea here is what evidence have they provided that their plan, which you see here -- this is from their example of the eight stacking vehicles underneath, all day long, as these cars move back and forth. How -- what evidence have they proffered that that will not result in any material increase in the risk of potential -- I'm sorry -- the risk of generation of carbon monoxide at unsafe levels? I would proffer that we need to have that study. You guys to need to say, "Guys, this building was not designed to be a loading area with cars running constantly underneath. " This, to me, is a major issue. It's a real life -safety issue. This garage was not designed. I'm not saying, you can't design a garage for this, right? The Miami airport is underground. This garage was designed for cars to pull in as a bank park, leave the car; not cars running constantly. Where can this carbon monoxide go? I would proffer to Commissioner Hardemon that that's not my burden. It's their burden to show that they have complied with that requirement. Where is the proof of what's going to happen to all this carbon monoxide of those eight cars queuing constantly? Chair Russell: During that 40-minute drop-off period. Mr. Winker: During the three -- it's more than one. It's three -- Chair Russell: Right, three shifts. Mr. Winker: -- and then pickup. Chair Russell: Right. Mr. Winker: This is going to run six to seven hours a day of cars constantly queued under. That's their design. I think it's a terrible idea. I think it's not going to work, but, you know, what evidence do I have of how it's going to back up on the traffic? You asked how people are going to go north. What are they going to do? They're going to take a right-hand turn through the neighborhood. That's what they're concerned about, right? I don't have a traffic expert. But on this, I don't have to have an expert. I'm just showing you this is a terrible idea. This needs to be addressed. Maybe the address is, "Guys, you need to have a study and get a big fan in there and get this stuff pumped out of there and make sure it's not going into the building, " but to me this is a real concern, and I don't -- you know, to me it is inconsistent with the Code. This is the County Code that they are required, as an educational facility, to comply with. Chair Russell: Thank you. Mr. Riley: Commissioner, he's citing Section 33-311.1 of the Miami -Dade County Code that has no applicability to this hearing. It's for administrative site plan review, and alternative site plans for repurposed properties; has nothing to do with this. He's talking about Building Code requirements. He's giving you his opinion on -- Your professionals have to come out and decide whether or not to give us a building permit, because our garage is properly ventilated. This is getting way beyond -- City of Miami Page 186 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Winker: No. I -- Mr. Riley: -- the merits of the Zoning hearing. Mr. Winker: (UNINTELLIGIBLE) this is not correct. Chair Russell: Under -- Mr. Director, you had a comment? Mr. Garcia: I do, two fold, as pertains to this. And Mr. Winker is right to point out that the concerns he raises are worth considering. And so, we've done two things. We referenced the Code section from the County Code that Mr. Winker cites, as that has been cited by Mr. Riley. That section is responding to other factors, not necessarily educational facilities. Nevertheless, it is true that this building was originally built and intended to be an office building, and at some point in time, it obtained a certificate of occupancy and it received inspections. When it was inspected, the parking garage component did not contemplate that there would be pick-up and drop-offas now it will. So in conversations with Mr. Riley and in conversations with the Deputy Fire Chief, we've agreed we should do properly is to request that when or if the building goes through a certificate of use process for the new use of an educational facility, and in particular, when the garage is being tested for validity and appropriateness for the pick-up and drop-off function, that there should be a study and a report produced that certifies that that condition is safe for exactly the use that it's going to be put to, which is to pick up and drop off children. So the Fire Department will review the results of that analysis and will deem it safe for that particular use. Chair Russell: Thank you very much. Is -- anything else to add? Mr. Riley: We accept those conditions. Chair Russell: All right. Mr. Riley: We're happy to comply, just like we have with all Code requirements. Chair Russell: Thank you. Commissioner Carollo: When you say, "the Fire Department, "you're talking about the Fire Marshall, right? Mr. Garcia: City of Miami Fire Department. And I've said this, of course, (UNINTELLIGIBLE) Commissioner Carollo: Fire Marshall. Mr. Garcia: Sorry? Commissioner Carollo: Fire Marshall. Mr. Garcia: The Fire Marshall's office, yes, sir. And I've said that just to put it on the record. This has been in consultation with Chief Eloy Garcia, Deputy Fire Chief. Commissioner Carollo: Make sure that he doesn't send the same people that he's used on 8th Street in the past that illegally let places open up with no fire sprinklers. City of Miami Page 187 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: All right. Is there anything left to --? I've heard both sides. I've (UNINTELLIGIBLE) rebuttal. Mr. Winker: Just one more point, and, you know, the -- we've talked a lot about evidence versus -- you know, I would say the same thing; that the evidence on the other side is proffered by the attorney, and I'm going to --just to impeach one thing that was said is the Centners have been vehement that this is a preschool and kindergarten. Their own web site states, "Centner Academy is a progressive independent school that offers foreign language emersion and a values -based education for children age two and a half to six years old, with grades I through 12 coming soon. " Chair Russell: Right. Commissioner Hardemon: I have a question. Ms. Centner: May I just answer that, please? Chair Russell: Just -- Commissioner Hardemon: Ms. Centner -- Chair Russell: Commissioner Hardemon. Commissioner Hardemon: --are there any other school sites that you own? Ms. Centner: We own another building on 19th Street that's 35, 000 square feet. I've already addressed this, because they posted a nasty thing in one of these neighborhood apps. And it already has zoning, and it already has a certificate, and it's right next to a three -and -a -half -acre park, and we purchased this building from a former charter school. Chair Russell: This is the old ASPIRA School. Commissioner Hardemon: Correct. Ms. Centner: That's right. So -- Commissioner Hardemon: Do you plan on using that location as a school? Ms. Centner: Absolutely, yeah. Commissioner Hardemon: Do -- will your schools have any affiliation, the one that is on -- in Buena I ista and the one that is located --? Ms. Centner: Absolutely. It'll be a -- it's -- I'm partnering up with another school., so it's going to be a metropolitan Centner Academy middle school and high school. Commissioner Hardemon: So, would the statement that he made on the record be a correct statement, that you will have --? Ms. Centner: We are going to be going up to Twelfth Grade, absolutely. Commissioner Hardemon: But at this location, how many--? Ms. Centner: But at this location at this moment, we're going two and a half to six. And the reason why we -- in the last hearing, we accepted from 195 to 120 was to City of Miami Page 188 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 show you that we can actually handle all of the things that we're planning on doing. And in the first year, I purposely am limiting it to 18 students, so that way we can make sure we have everything down. That was the whole reason for voluntarily, on our own, going way less than 120. Eventually, I'd like to get more than 120, because the original capacity was going to be 205 or 195, but that's still for the little guys, because I have my middle school and high school already set up. Chair Russell: Mr. Director, if they were to go beyond, let's say, first grade through fifth grade, would additional entitlement be required, or under this use, would they be able to --? Mr. Garcia: Absolutely. The exception that is before you today is solely for purposes of a preschool; and the limitations, by definition of a preschool, is up to and including sixth year, first grade; no more than that. Chair Russell: Understood. Mr. Winker: I'd like to respond to that. This, to me, sums up the problem that we have of nowhere is the facts that were just disclosed contained in the analysis for the exception. Chair Russell: Does it matter? Mr. Winker: If you want to know why the neighborhood's upset, if you want to know what's happening to this neighborhood, you're looking at one small piece. These are -- a number of schools are going to transform this neighborhood into something different. This is a residential neighborhood. This is going to -- I'm sorry. Commissioner Hardemon: I think you misunderstood the fact. The school that she described on the record is not located in that neighborhood. Mr. Winker: I'm sorry; it's -- what? Commissioner Hardemon: The school that she described just now on the record was not to -- is not located in that neighborhood. Chair Russell: You know, it's -- Mr. Winker: It's on the other -- Commissioner Hardemon: It's much further away. Chair Russell: -- 30 streets away. Commissioner Hardemon: Yeah. Mr. Winker: But the idea is the traffic flow and the workings of all of this is not limited to this one school. That is the concern. It was interesting, because Mr. Kemp came up to me -- and not to disclose attorney/client privilege -- but he's like, this -- that's exact -- "That statement is exactly why they need to be meeting with us and working with us and reestablishing a relationship that works to make this happen. " My clients have been painted as had guys. My clients have been painted as people seeking money, which could not be further from the truth, as I said. But the idea here is you're seeing something pushed. It -- I'm not a traffic expert. I can tell you, this is going to back up. I'm not a traffic expert. I could tell you parents are going to do what parents do, which is park and walk. My daughter goes to City ofMiami Page 189 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Sunset. We all park on people's lawns, and we walk over. That's what's going to happen. Mr. Riley: Don't judge us by his bad behavior, please. Mr. Winker: Exactly. On the record, admitting to it. But here's -- this is the problem that we're going to have, where to me -- you know, Mr. Reyes raised at one point in one of the Commission meetings -- I don't know what happened with it -- this is why we need an independent traffic study, paid for the developer, on every project, to know how is this going to impact. We're sitting here trying to figure it out. When we look at this, it's like, this doesn't look like it makes sense to me, but that's where we're at, where you guys are going to approve something that's going to have, you know, a definite impact, and I -- you know, to me, it's the -- we want development. We want smart development. I think you're in a position to say, "Guys, we want your school. We want to make this happen, but you've got to make it work with the neighborhood. " I think that creative thinking is something that we could do to make it work. And I would say one last thing on the record about it is, I think the developers are starting to feel a little bit of that pain, because the minute they propose something to the neighborhood, what's the reaction of the neighborhood? It's just like -- CommissionerHardemon: (UNINTELLIGIBLE). Mr. Winker: -- it's up in arms. How are you going to take advantage of us? And this is a perfect example of that, where -- you know, should a preschool be able to work in this location? I do think, conceivably, it's a little weird. It's a little more of an urban building, no outside play, but that's -- you know, that's not my business, but the idea is could this be revised to work somehow? I've heard talk of an offsite - - in the media, there was talk of an offsite plan to valet parents in. I mean, they -- you know, they're struggling with this. This building is not built for a preschool, so I would just proffer that. To me, this is a PZAB issue, where this should have been better planned out. I think we all know this has been (UNINTELLIGIBLE). Chair Russell: Thank you, Mr. Winker. So I'd like to close. I think we're done. Mr. Winker, I think you've definitely represented the concerns of the neighborhood well, but I don't see that you've brought the burden to deny an exception, in my personal opinion. I'll -- Victoria Mendez (City Attorney): I just wanted to clarify something for the record. If the applicant meets the criteria for a special exception in the Code, they're presumed entitled to a special exception. Chair Russell: Yes. Ms. Mendez: Remember that I've told you, based on the case law, that it's a use that's allowed. So if they want to use -- if they want the special exception and they meet all the criteria -- Chair Russell: You have to give it to them. Ms. Mendez: -- you have to give it to them, unless there are so marry factors that are wrong with this exception, then you have to add conditions to address it. If there are no conditions to address it, arguably, you could decry an exception. Chair Russell: Of course. And that was my initial question to the Director, how an exception is different than a warrant waiver, all the others. City of Miami Page 190 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Ms. Mendez: Right. So you -- Chair Russell: This is a -- Ms. Mendez: -- remember that -- Chair Russell: -- de facto `),es" that has to be proven "no. " Ms. Mendez: Right. Chair Russell: And really, the staff recommendation, after going through all those criteria, are what we are basing our decision on. Even though this is de novo, we have gone through all of that. It wasn't up to them to -- as an appellant, you had to punch holes in what they have presented as reasons to have applied to the exception, and personally, I haven't seen -- because traffic was my biggest concern, and that's why I had the most questions on that, and for their expert, but -- Mr. Winker: The one (UNINTELLIGIBLE), but the one thing I would say is, I don't see on the record where any evidence was presented that they're in compliance with not producing carbon monoxide, and I do think that's a significant violation of the Code. You guys are proposing to address that through -- Chair Russell: The Fire Marshall, and if it meets their criteria. We're not the experts on that. Ms. Mendez: I believe that there is a staff report -- Chair Russell: Yeah. Ms. Mendez: -- that -- and that is competent substantial evidence that these issues, which are issues such as protect residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, et cetera. These are things that should be addressed in the staff report, and I believe that Francisco has said that these issues are addressed. Chair Russell: Addressed. Ms. Mendez: To the extent that you feel they're not, then that's when things can get dicey, so. Chair Russell: Thankyou. Is there a motion on PZ.5? Commissioner Hardemon: There is. Considering what --the clarification of the law that the City Attorney put into the record, and also the statements that the Chairman made on the record in reference to the evidence that was put forth for today, I would move to deny the appeal and grant the -- hold it. It would be deny the appeal and uphold the PZAB recommendation for this matter. Did I say that correctly? With the conditions that are stated in the record. Yes, sir. Mr. Garcia: With your permission, sir, what I'd like to request is that instead of conditions that were recommended by the Planning, Zoning and Appeals Board be included as you mentioned, but I would like to propose a couple of amendments to those conditions to, I think, enhance and respond to some of the testimony we heard here today, and I have discussed these with the applicant, who is very much willing to accommodate them. The changes are as follows: One is to clarify something that has been said a number of times, but Condition Number 10 makes an erroneous reference to "Enrollment shall not exceed 195 students. " We've all heard -- and it's City of Miami Page 191 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 been stipulated by the applicant -- that that number is not 195; that number is 120. So Condition Number 10 should be amended to reflect 120 students maximum, and of preschool age. That is already there. That's one minor change. And then two additional conditions to suggest to you for your consideration: One would be that upon approval of the exception, there be a study undertaken of the pick-up and drop-off component of the building, and attested for safety levels, particularly for carbon monoxide, and that an inspection is to be conducted ultimately by the City of Miami Fire Department; the Marshall's Office, as stipulated by Commissioner Carollo, to deem any such levels safe. I'm paraphrasing, but that should do the trick. And one more condition to suggest, responding to the concern about traffic and traffic intrusion into the residential area. Again, it is in the plans as submitted, but it merits, I think; an additional condition that says that, "Signage shall be put in place onsite, directing any and all trajjic emerging from the site to Miami Avenue. " In that manner, we can enforce -- subject to zoning regulations, we can enforce that all traffic is properly directed to Miami Avenue, which is the major thoroughfare. Commissioner Hardemon: And my motion would include the statements that were made on the record by our Planning Director. Chair Russell: Thankyou. Is there a second? Vice Chair Gort: Second. Chair Russell: So, Commissioner Hardemon, the one thing that I'm curious about on this is I really -- I'm really curious to see where the concept of the educational paradigm of emotional intelligence goes and how this works. I don't fully understand, but I'm curious to see it succeed, because if that philosophy takes hold and kids, you know, have a different frame of mind as they grow up, that's a tremendous opportunity. And the fact that it's now into a new neighborhood, to see it accessible to those in that neighborhood, is great. The fact that half the students there now are on scholarship is incredibly impressive. I would love to see those ratios stay within that realm, and I see 10 percent is the minimum. Unidentified Speaker: Minimum. Chair Russell: You know, I understand it's got to be a sustainable business model. No one's looking for a charity school. It is a private school. But many private schools are able, through fundraising, through all sorts of models, to really boost their scholarship program. And I think, if your true goal is about emotional intelligence and happiness, and you have the opportunity to service a neighborhood Of need, to really boost that scholarship program, I think is where the true success will be here. Mr. Winker: My clients hear you loud and clear. Like I said, I'm sure we're going to do way more than the minimum. And if you give us the opportunity, we'll be back before the board potentially in other schools or other projects. We will make this Commission and this City proud. We just ask you to give us the opportunity. Chair Russell: I ice Chairman. Lice Chair Gort: Let me tell you, my past experience in seeing the neighbors worry about the traffic and so on, when you look at this building, my understanding, that building's been emptyfor a while. I know that area very well. We've had a lot of crime. We had a lot of problems in there. You got buildings coming in that's going to have new people. They're making an investment to -- for the teachers to live close to it, but at the same time, you got five cameras, and you got people and activity taking place in there, which will improve. My personal feeling is, it's going City of Miami Page 192 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 to improve the area. My advice, also, get together with the neighborhood and tell them whatyou're doing, so they can better understand it. Okay. Chair Russell: There's a motion. There's a second. Is there any further discussion? All in favor of the item, say "aye. " Vice Chair Gort: Aye. Commissioner Hardemon: Aye. Commissioner Carollo: Nay. Chair Russell: Any opposed? Commissioner Carollo: Nay. Chair Russell: So three --any -- L ice Chair Gort: One "nay." Chair Russell: One "nay"; three 'yea. " Motion passes to deny the appeal. Mr. Winker: Thankyou, Commissioners. Vice Chair Gort: PZ.6. Mr. Winker: Thankyou, staff. (Applause) Chair Russell: PZ -- Mr. Hannon: And of course, that's as amended. Lice Chair Gort: PZ.6. Chair Russell: As amended, of course. Lice Chair Gort: PZ.6. Commissioner Hardemon: What did we do with PZ.4? Ms. Mendez: PZ.4 remains. Lice Chair Gort: I got 6 and 9. Ms. Mendez: PZ.4? Lice Chair Gort: PZ.4. Commissioner Hardemon: Yeah. What did we do with PZ.4? Chair Russell: All right. Commissioner Hardemon: Did we hear PZ.4? Chair Russell: Thankyou. City ofMiami Page 193 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 PZ.6 ORDINANCE Second Reading 6119 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING AN AMENDMENT TO THE FIRST Planning DEVELOPMENT AGREEMENT FOR THE RIVER LANDING SPECIAL AREA PLAN ("RIVER LANDING SAP"), PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES, BETWEEN R.L. MIAMI, LP F/K/A RIVER LANDING DEVELOPMENT, LLC, A DELAWARE LIMITED PARTNERSHIP, ("APPLICANT"), AND THE CITY OF MIAMI, FLORIDA, TO GOVERN THE RIVER LANDING SPECIAL AREA PLAN (SAP) DEVELOPMENT AGREEMENT APPROVED MAY 23, 2013 AS ORDINANCE NO. 13383 ("DEVELOPMENT AGREEMENT"), BY AMENDING THE SECTION RELATED TO PUBLIC BENEFITS IN THE DEVELOPMENT AGREEMENT AND REQUIRING CERTAIN IMPROVEMENTS ON ABUTTING LAND OWNED BY AN AFFILIATE OF THE APPLICANT OUTLINED IN THE DECLARATION OF RESTRICTIONS THE APPLICANT HAS ENTERED INTO WITH MIAMI- DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13867 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Tice Chair Gort: P6 [sic]. Chair Russell: PZ.6. This is an amendment to the development agreement, 1420 and 1500 NorthuestforthRiver Drive. Is there apresentation ora motion? Tice Chair Gort: -1=1ove it. Chair Rnssell: Its been moved by Commissioner Gort. Commissioner Carollo: TT -hat item is this now? Chair Russell: This is the River Landing SAP (Special Area Plan), PZ.6. Connnissioner Carollo: Hold on. Let's see irhich one it is. PZ.6, River Land [sic]? Tice Chair Gort: River Landing. That's to rise some o f the fitinding for parks; create a parkfor the benefit of the community. ChairRnssell: Seconded by the Chair. Connnissioner Carollo: PZ.6? Chair Russell: Correct. City of-lliami Page 194 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Hold on for one second, if you don't mind? Later... Commissioner Carollo: We haven't touched 7 or 8 yet, right? Chair Russell: That is correct. Commissioner Carollo: Okay. All right. Okay, ready to go on 6. Chair Russell: Thank you. Any further comments or questions on 6? Do you need to read it into the record? Thank you. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. Any further discussion from the dais? All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Todd B. Hannon (City Clerk): And, Chair, for the record -- Unidentified Speaker: Thankyou. Mr. Hannon: -- that'll be 4-0. Commissioner Hardemon is on the side of the dais, but did vote in favor. Chair Russell: He did wave. All right. Thank you. That's PZ. 6. PZ.7 ORDINANCE Second Reading 6112 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL" OF THE 4.9±ACRES OF REAL PROPERTY LOCATED AT 1459, 1465, 1491, 1501, 1603, 1611, 1631, 1645, 1665, 1675, AND 1701 NORTHWEST SOUTH RIVER DRIVE, 1001, 1007, 1111, AND 1015 NORTHWEST 17 COURT, AND A PORTION OF 1389 NORTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13868 City ofMiami Page 195 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo. Reyes Note for the Record: For additional minutes referencing Item PZ. 7, please see "PZ Order of the Day. " Chair Russell: PZ (Planning and Zoning) -- Vice Chair Gort: PZ. 7, I move it. Chair Russell: What's that, 7 and 8? Vice Chair Gort: 7 and 8, yes. Chair Russell: There's a motion for PZ. 7 and 8. Commissioner Carollo? Commissioner Carollo: No. Chair Russell: You're not ready to vote on it or you're a "no" on it? Commissioner Carollo: I am a "no" on it. Chair Russell: So this is a motion for PZ. 7 and 8. Is there a second? Commissioner Hardemon? Chair will second for discussion. This is a zoning from T3-0 to T4-R on Northwest South River Drive. b ice Chair Gort: It doesn't go all the way to Northwest 7th Street. Chair Russell: That was the concern that was brought up. Lice Chair Gort: That was the concern (UNINTELLIGIBLE). Chair Russell: Is there a typo, Mr. Director? Francisco Garcia (Director, Planning): There isn't a typo, but let me explain for a moment. It so happens that at the furthest east extreme of this subject land, subject to the rezoning, there is the Robert King High Towers property that is owned by Miami - Dade County. Now that property is 99 percent zoned T6-8L; however, there is a small sliver that abuts 836, State Road 836, which is still zoned T3-0, and it is that little sliver that is the subject of this rezoning, as well, to be in tandem with all the other properties fronting the river. The address for the Robert King High Towers property happens to be on Northwest 7th Street. That is the only address that is affected that fronts on Northwest 7th Street. Commissioner Carollo: Yeah, but on PZ.7 you're changing the designation from single-family residential to low density multifamily residentials [sic] for properties located along Northwest South River Drive -- Mr. Garcia: Yes, sir. Commissioner Carollo: -- Northwest 17th Court, and you told me that 7th Street was a mistake. Now -- City of Miami Page 196 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Garcia: So -- Commissioner Carollo: -- my -- Mr. Garcia: I'm sorry; to correct the record, sir. Not a mistake -- my apologies -- not a mistake. It's just that part of Robert King High Towers, which fronts on 7th Street -- Commissioner Carollo: Yeah. Mr. Garcia: -- happens to be part of this application. Commissioner Carollo: Right. But my question to you is the following: From single- family residential, how many stories is this going to go? Mr. Garcia: So, at present, two stories, and the change would make it three stories. Commissioner Carollo: Okay. So the change would make it three stories? Mr. Garcia: Yes, sir. Commissioner Carollo: How many more units can they build there? Mr. Garcia: The density would go from nine units per acre presently to 36 units per acre. Commissioner Carollo: Nine to 36? Mr. Garcia: No, sir; 36 units per acre. Commissioner Carollo: Yeah, but from the present nine -- Mr. Garcia: From the present nine, yeah. Commissioner Carollo: -- to 36 per acre? Mr. Garcia: To 36, correct. Commissioner Carollo: Considerable increase. And they could do that all in three stories? Mr. Garcia: Yes, sir. Well, to the extent that they can, they would. Vice Chair Gort: Its a lot -- Mr. Garcia: To the extent they cannot, they won't. Bice Chair Gort: Depends on the land itself. Commissioner Carollo: Okay. Since we're discussing both of them, the other one that's PZ.8, first reading; change zoning from T3-R limited to T4-R. What are we changing there? Mr. Garcia: Exactly the same thing. Commissioner Carollo: Same thing. Mr. Garcia: They're simply land use and zoning. City of Miami Page 197 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Okay. That's a huge jump. Mr. Garcia: Sir, to give you, if I may, a very quick background on this. The three parcels right in the middle of this section of town -- right? --fronting the Miami River were rezoned approximately less than a year ago -- Chair Russell: Yeah, I remember that. Mr. Garcia: -- also from T3-R to T4-R. At the point in time, the argument that was made to you, the Commission, is that many of those properties needed to be fortified and incur expenses to fortify in front of the river, because they were subject to sea level rise and also storm surges. And it was deemed at that point in time by the City Commission that it would be prudent to up -zone them, to allow them to redevelop, and also to require that they fortify and deed some areas and walkways in front of the river for enhancement and public access. Chair Russell: I remember a lot of residents came at that time, as well, that were in favor of this -- Commissioner Carollo: Well -- Chair Russell: -- and it does bring a lot of value to them Commissioner Carollo: -- we're bringing a huge bonus to the individuals that own those properties right now; huge. I mean, if you could build from nine units to 36, that's huge. So I --you know, I'm just not ready to -- Vice Chair Gort: Okay. Commissioner Carollo: --vote in favor of this now. It's just a lot of land that we're doing to this at one time, and -- Chair Russell: I'm okay with this step. It's an incremental step from T3-0 to T4-R. I think it's -- And I remember the residents coming before and -- Mr. Garcia: In that regard to this, let me also give you assurances, Commissioners, that we pursued this as a directive of the City Commission at the time, and we also engaged the community, the stakeholders, in various meetings, and we received originally very little pushback, and eventually, everyone was in consensus that this should go forward for your consideration. Chair Russell: Question for you, Mr. Director. Once it's T4, does the riverwalk code apply? Mr. Garcia: There is a requirement that the provider (UNINTELLIGIBLE) -- Chair Russell: Under T3 it would not have? Mr. Garcia: That is correct. Chair Russell: So now this will have a frontage of a riverwalk, which will also give more fortification -- Mr. Garcia: That is correct. Chair Russell: -- (UNINTELLIGIBLE) sea level rise issues. City of Miami Page 198 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Garcia: That was part of the process, yes. Chair Russell: All right. I'm certainly in favor of it. There's a motion. There's a second. Is there arty further discussion on the item? Mr. Garcia: I'm being reminded -- I'm sorry -- that there is a covenant to that effect, actually. Chair Russell: For the baywalk? Mr. Garcia: For the baywalk --for the riverwalk in this case. Chair Russell: Does it need one, though, because it's required? Mr. Garcia: Not in T4-R by virtue of the fact that it's residential, but by covenant, it is required. Chair Russell: Oh, so T4-R does not require the -- Mr. Garcia: Not a T4-R. It begins -- Chair Russell: -- riverwalk? Mr. Garcia: -- at T5-R and above, yes. Chair Russell: It begins at T5 and above. Mr. Garcia: Yes, sir. Chair Russell: Thank you. My mistake. But it does have one. Yes, we're on PZ.7 and PZ.8. b ice Chair Gort: Call the question. Chair Russell: Thank you. Any further discussion? All in favor of PZ.7 and PZ.8, say "aye. " Vice Chair Gort: 'Aye. " Chair Russell: Any opposed? Todd B. Hannon (City Clerk): I'm sorry. Madam City Attorney, had you read in the titles? Okay. Chair Russell: I apologize; my fault. The Ordinance was read by title into the public record by the City Attorney. b ictoria Mendez (CityAttorney): PZ.8. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. I had wanted to give Commissioner Carollo a second to join us, if he'd like his vote noted, but he did leave the dais during the item. How many of the parcels are in Commissioner Carollo's district? City ofMiami Page 199 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 11=1i. Garcia: I'm sorry. There are -- all of the properties that are actually on the other side o f 836 are in Commissioner Carollo's District 3. They are -- three parcels Pin looking at right now. Chair Russell: Oh, on the east side? 11=1i. Garcia: On the easternmost side, yes. Chair Russell: Southeast side. I understand All right. All in favor of the item, say aye. ff The Commission (Collectively): Aye Chair Russell: Anv opposed? 11otion passes on PZ. 7 and S. Thank you very much. PZ.8 ORDINANCE Second Reading 6113 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 73-R," SUB -URBAN TRANSECT - RESTRICTED, AND "T3-L," SUB -URBAN TRANSECT — LIMITED, TO 74-R," GENERAL URBAN TRANSECT — RESTRICTED, FOR APPROXIMATELY 4.9 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1459, 1465, 1491, 1501, 1603, 1611, 1631, 1645, 1665, 1675 AND 1701 NORTHWEST SOUTH RIVER DRIVE, 1001, 1007, 1015 AND 1111 NORTHWEST 17 COURT, AND A PORTION OF 1389 NORTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; ACCEPTING THE VOLUNTARILY PROFFERED COVENANTS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13869 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon ABSENT: Carollo, Reyes Note for the Record: For minutes referencing Item PZ.8, please see "PZ Order of the Day" and Item PZ. 7. City of-lliami Page 200 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 PZ.9 ORDINANCE Second Reading 5899 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS and Mayor - PZ AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES UNDER SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP FOR "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO ALLOW GENERAL COMMERCIAL USES WITHIN THIS FUTURE LAND USE DESIGNATION; MAKING FINDINGS; CONTAINING SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13870 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioi SECONDER: Keon Hardemon, Commissioner AYES: Russell. Gort. Carollo. Hardemon ABSENT: Reyes Chair Russell: I had a -- PZ.9, which is commercial allowed in CI (Civic Institutional); PZ.9. It's been moved by Commissioner -- Vice Chairman Gort. Is there a second? Commissioner Hardemon: I'll second it. Chair Russell: Seconded by Commissioner Hardemon. Is there any discussion on the item? Commissioner Hardemon: I just want to know from the Planning Director, the -- I saw that the PZAB (Planning, Zoning and Appeals Board) voted it down, 8-1. And I just want to know is it just a general mistrust of government that they voted it down for, or is there some real lack of con -- was some real concern? Francisco Garcia (Director, Planning): No, sir. I would certainly not think that is the case. Let me tell you very briefly why this turned out at the PZAB the way it did. Let me first tell you what this is. What this is is simply a realignment of the Comprehensive Neighborhood Plan with the Zoning Ordinance. The Zoning Ordinance makes it very clear that properties zoned CI and CI -HD (Civic Institutional -Heath District) can have and have had historically and presently general commercial uses. There is no ambiguity and no question about it in the Zoning Ordinance. However, our Comprehensive Neighborhood Plan is less than clear about this fact, and it makes simply illusions to the fact that there can be or there could be, but certainly not that there is, general commercial uses in CI and CI -HD -zoned properties. Frequently, when interacting with the State of Florida, the Department of Economic Opportunity, and when applications come in requesting, for instance, mural permits as part of the City's program, it is the requirement of the State of Florida that these murals be implemented in buildings that can have general commercial uses. The State of Florida looks at the Florida statutes and at the Comprehensive Neighborhood Plan to try to ascertain that these murals are -- that these buildings are eligible for the murals, and when they don't see clear language in the Comprehensive Neighborhood Plan, they get a little bit City of Miami Page 201 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 nervous, and they certainly ask a lot of questions. We, in meetings personally with the representatives of the Department of Economic Opportunity, have crafted this language that is before you today to resolve that confusion and to clarify in the Comprehensive Neighborhood Plan that general commercial uses can be present in CI and CI -HD -zoned properties; and therefore, the mural program, in exactly the same fashion as it is being run today, can also manifest itself in CI and CI -HD - zoned buildings. Chair Russell: Thank you, Mr. Director. So you're saying the Code is already clear, the Future Land Use Map is already clear; this would bring the Comprehensive Neighborhood Plan in line with those two? Mr. Garcia: That is correct, sir. Just for -- Chair Russell: Was there anything stated on the record from PZAB as to the logic to their "no"? Mr. Garcia: No. In the end, there was a vote. All I can account for in the -- my attempt to decipher exactly what the reasoning may be is that a lot of discussion back and forth was had at the meeting about the mural program. Chair Russell: Just that they're opposed to the mural program in general. Understood. Mr. Garcia: Or have concerns about it, yes, sir. Chair Russell: Got it. I'm sorry; do we have a motion on this item yet? Vice Chair Gort: Yes. Todd B. Hannon (City Clerk): Yes. It was -- b ice Chair Gort: I moved it. Mr. Hannon: -- moved by Commissioner Go"; seconded by Commissioner Hardemon, but the title still needs to be read into the record. Chair Russell: Thank you very much. Victoria Mendez (City Attorney): And -- Chair Russell: Before we do, is there any discussion on the dais with the item? Thank you. Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on PZ.9. Thank you very much. City of Miami Page 202 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 PZ.10 RESOLUTION 6334 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING, WITH CONDITIONS, THE Planning CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FOR PUBLIC USE A PORTION OF NORTHWEST 22 TERRACE BETWEEN NORTHWEST 11 AVENUE TO THE EAST AND NORTHWEST 12 AVENUE TO THE WEST, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0434 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commis SECONDER: Joe Carollo, Commissioner AYES: Russell. Gort. Carollo. Hardem( ABSENT: Reyes Chair Russell: Commissioner Hardemon, there's a PZ.4 appeal on the car wash issue. There is a PZ.20 closure; both in your district. Tice Chair Gort: PZ.10 also, which is next. Chair Russell: Would you like to move PZ.10, Commissioner Gort? Lice Chair Gort: Yes. Chair Russell: All right. We have a motion on PZ.10. Is there a second? This is a street closure for Northwest 22nd Terrace. Commissioner Carollo: Second. Chair Russell: Seconded by Commissioner Carollo. Can you read it into the record, please? Victoria Mendez (City Attorney): PZ.10 is a resolution. Chair Russell: Oh, thank you. Of course it is. Is there any discussion on the item? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on PZ.10. City of Miami Page 203 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 PZ.11 RESOLUTION 6343 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING Department of THREE (3) EXCEPTIONS, WITH CONDITIONS, PURSUANT TO Planning ARTICLE 4, TABLE 3; ARTICLE 6, TABLE 13; AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND PURSUANT TO SECTION 4-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT ALCOHOL SERVICE ESTABLISHMENTS FOR AN INDIVIDUALLY DESIGNATED HISTORIC STRUCTURE, COMMONLY KNOWN AS THE OLD UNITED STATES POST OFFICE AND COURTHOUSE, APPROXIMATELY 35,455 SQUARE FEET IN SIZE, FOR A PROPERTY IN A "T6-80-0," URBAN CORE TRANSECT ZONE, LOCATED AT APPROXIMATELY 100 NORTHEAST 1 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0435 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Chair Russell: I'd like to move PZ.11, please. Im passing the gavel. Connnissioner Carollo: ((,'_N'LN'TELLIGIBLE) PZ.11 ? Chair Russell: Fes. Commissioner Carollo: (t,ll-TELLIGIBLE). Tlhen staff -- onr staff meets with an applicant, do we still disclose it;" T'ictoria IIendez (City Attorney): TT -hen your staff -- if -- normally, no; unless thev're, you know, giving you all sorts of information. If they're not, then -- if it's just staff, it's not a problem. Commissioner Carollo: Okay. lT ell, just to be transparent as we can, inv staff met with the applicant in PZ.11. Chair Rnssell: As did I Commissioner Carollo: Oh, von did, too; not vour staff. Chan-Rnssell: N-o. I -- Commissioner Carollo: But von have to disclose it. Chair Rnssell: -- didn't meet with your staff. I met with the applicant and their attorney. City of-lliami Page 204 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 Vice Chair Gort: Okay. There's a motion. Chair Russell: I've moved it. Lice Chair Gort: It's moved. Is there a second? Commissioner Carollo: Second. Lice Chair Gort: Motion move and second. Any further discussion? Todd B. Hannon (City Clerk): Excuse me. Tice Chair? L ice Chair Gort: Yes. Mr. Hannon: I just need to make a friendly amendment. In the title, if we could just add "with attachments"? Chair Russell: Accepted. Mr. Hannon: Thank you. Vice Chair Gort: Okay. And the seconder accept the amendment? Francisco Garcia (Director, Planning): And if -- Commissioner Carollo: What was the amendment? Mr. Hannon: It's just a simple amendment to the title; to add, "with attachments. " Commissioner Carollo: What's that again? Mr. Hannon: It's a simple amendment to the title of the resolution, to add -- Commissioner Carollo: To add what? Mr. Hannon: -- "with attachments. " Commissioner Carollo: With -- okay, with attachments. Mr. Hannon: Yes, sir. Lice Chair Gort: And you're recognized. Mr. Garcia: Thank you, sir, very much. I also wanted to -- and I think in concurrence with the applicant -- request that a change be made in one of the "whereas" clauses. This may be perfunctory, but important. Let me read to you what it should say. "Whereas it has been identified that each of the following three establishments require an exception as each are over 5, 000 square feet: Number I - - Tenant 1, consisting of Cabron, Frutonomy, Lobby Bar, and Nomada; 2, second tenant, Biscayne Bay Brewing; and 3, third tenant, La Real, as described below. " And this reason why this whereas clause is important is it makes specific reference to all the establishments that are approved by this exception, and it allows us in the future to hold each one responsible for compliance with the conditions as set forth. And in addition, I believe that there is also a clarification that needs to be made to the conditions. Conditions 4 and 6 pertain to noise generated by the alcohol service establishments; the remainder remains the same, but it has to be specified that the noise generated by the alcohol service establishments is the subject of Conditions 4 through 6. That's all I have, sir. City of Miami Page 205 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Thank you. Javier Avino: And we agree to those changes. Vice Chair Gort: All right. Mr. Hannon: If you can just state your name on the record, sir. Mr. Avino: Oh. Javier Avino, with law offices at Bilzen Sumberg, 1450 Brickell Avenue, for the record. Commissioner Carollo: Javier, is there any pictures of how this looks like right now in here? Mr. Avino: Of the interior? This is an interior -- Commissioner Carollo: Yeah. Mr. Avino: -- rehab of the old post office -- Commissioner Carollo: Yeah, yeah, but -- Mr. Avino: --yes, there are -- Commissioner Carollo: Do you have anything here that we could see? Mr. Avino: I'm sorry? Commissioner Carollo: Do you have anything here that we can see? Mr. Avino: Yes, we can. We can put up boards, if you -- Commissioner Carollo: Yeah. Could you? Mr. Avino: Sure. Chair Russell: This applicant is (UNINTELLIGIBLE). Commissioner Carollo: I don't want you guys to think that he spent a lot of money, and then, you know, it went to waste, so. Chair Russell: This is adaptive reuse of a historic property. Mr. Avino: So this is the exterior. It's the old post office in downtown. It's an interior renovation for a series of food and beverage operations. There's -- on the staff report, there's a detailed listing of them. We went through Historic Preservation Board; received unanimous approval by the board. t ery minor modifications to the outside to make it ADA (Americans with Disability Act) compliant. Other than that, the building is being fully preserved. Commissioner Carollo: Okay. Let's see the other pictures. Mr. Avino: Sure. This is just some elevations. T ice Chair Gort: Inside, inside. Mr. Avino: Yeah. Commissioner Carollo: Well, let's see them all. City of Miami Page 206 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Mr. Avino: These are some of the interior layouts of the spaces, so this is the proposed first floor. There's also a basement level, a second -- Commissioner Carollo: What's your occupancy rate? Mr. Avino: I'm sorry? Commissioner Carollo: What's the occupancy rate that you've been approved for? Mr. Avino: The occupancy? Commissioner Carollo: Yeah. Mr. Avino: I'm going to ask the architect to give a full occupancy. And this is before the Commission, because when the Commission adopted the modified alcohol beverage regulations, it required that any time a venue was over 5,000 square feet, it required Commission approval (UNINTELLIGIBLE). Commissioner Carollo: How many square feet is this? Mr. Avino: So -- give me one second. And it's broken up by tenant spaces. So bear with me one second; I want to make sure I give you the right numbers. Here it is. The -- Tenant I space is 14,000 square feet; Tenant 2 is 5,987,• and Tenant 3 is 3,138. Commissioner Carollo: What are the three different tenants you're going to have there? Mr. Avino: So Tenant I consist of multiple venues within it, because it's multi - floors. Commissioner Carollo: Yeah; they're 14, 000, I figured. Mr. Avino: Yeah. And so, there is a few different concepts. There's a restaurant concept, a fruit bar concept. There's also a lobby bar area. And the last is a -- sort of a lounge area that's called Nomada. And then Biscayne Bay Brewing is a brewery that's going to do some micro brewing on site, as well as a full restaurant. And then La Real, which is on the top floor, is also another lounge space. Commissioner Carollo: La Real is the 3,138 --? Mr. Avino: Correct. And that space, the important thing there is the Code did not make a distinction between what was counted in that 5, 000 square feet. So even though the interior of the venue is 3,138, there's mechanical space around it, and there's back of house that makes it larger than the 3,138, and that's why it exceeds it. Commissioner Carollo: What has -- I would imagine you guys gotten your CU (Certificate of Use) already here or not? Mr. Avino: No, we have not gotten CUs yet. We are already deep in processing of permit plans. Commissioner Carollo: Have you had fire marshals come in and measure everything and give you (UNINTELLIGIBLE)? Mr. Avino: So it has already been reviewed by the Fire Department, and they have already -- City of Miami Page 207 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Okay. What is the occupancy load that they've given you for these? IfI could get a -- Michael Ramirez: Michael Ramirez, on behalf of (UNINTELLIGIBLE) Architecture, 278 Northwest 37th Street. So on basement level, we have a proposed occupancy of 283. Commissioner Carollo: That's the one with how many square feet? Mr. Ramirez: This one is 7,497. Commissioner Carollo: 7,419 [sic]. Is that part of the 14, 000? Mr. Avino: That is. Commissioner Carollo: Okay. Mr. Avino: Yes. Commissioner Carollo: Because if it wasn't, you gave me wrong numbers in the others. Mr. Avino: No. It was. Mr. Ramirez: Ground level, we have a total proposed occupancy of 107. Commissioner Carollo: How many square feet? Mr. Ramirez: Total square footage is 8,103 on ground level. Commissioner Carollo: On ground level. So the 283 -- or is that basement? The 283 is for the ground level or basement? Mr. Avino: It's -- the ground level -- the basement and first floor have a combined - - because the spaces, some of them are multi floors. Commissioner Carollo: Yeah. Mr. Avino: So the first concept includes the basement, as well as a portion of the first floor, which is 7, 497 square feet. So it's a multi floor space. Commissioner Carollo: 4 -- 7,400 and what? Mr. Avino: And 97 square feet. Commissioner Carollo: And 97. But he said 8, 000 -- Mr. Ramirez: Because I'm giving you the occupancy per floor. Commissioner Carollo: Okay. Mr. Avino: L'ersus per concept. Mr. Ramirez: b ersus per concept, correct. Commissioner Carollo: Okay. So -- all right. Mr. Avino: This, Commissioner, will give you a color -coded sort of layout of the spaces. City of Miami Page 208 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: You know, I'm surprised they're giving you guys so little occupancy load, and I got establishments in my district that somehow, with a fraction of what you got and bars everywhere and chairs and dining tables and -- you can't even walk through without hitting something. I got a lot more than you guys do, but I guess you're not connected. Anyway, interesting. I thought it'd be a lot more than what you have here, and obviously, I'm not seeing what you have inside, but for such large spaces, I can't imagine that everything you have is furniture, or what have you. You got quite a bit of open space there, right? Mr. Ramirez: There -- I mean, there's a combine of open space and furniture, yes. Commissioner Carollo: Okay. CommissionerHardemon: Mr. Chairman -- Commissioner Carollo: All right. Commissioner Hardemon: -- I know we're getting dangerously close to our 10 o'clock hour. Chair Russell: We're almost done. We're going to get there. Commissioner Carollo: What's the matter with you guys? Chair Russell: We're going to set a record here. Commissioner Hardemon: Huh? I want a glass of Scotch. Chair Russell: You make us nervous. Commissioner Hardemon: (UNINTELLIGIBLE) me. Commissioner Carollo: You want Scotch? I (UNINTELLIGIBLE). Vice Chair Gort: Okay. Chair Russell: All right, Commissioner -- Commissioner Hardemon: Because (UNINTELLIGIBLE) a motion and a second on this one. (UNINTELLIGIBLE). Commissioner Carollo: The other guy used to come with the -- Chair Russell: Commissioner Reyes. Commissioner Carollo: -- long hair didn't drink. Commissioner Hardemon: Exactly. Commissioner Carollo: This new version -- Commissioner Hardemon: Losing my hair. Vice Chair Gort: Okay. Any other -- any further questions? Commissioner Carollo: Excuse me? City of Miami Page 209 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 rice Chair Gort: Anv further questions? Commissioner Carollo: o. Good luck: to von. =1r. Avino: Thank von. Vice Chair Gort: Is anv further discussion? Being none, all in favor, state it by saying „ave. The Commission (Collectively): Ave. 11r. Avino: Thank von again. Appreciate it. Chair Russell: I'd like to move -- Todd B. Hannon (City Clerk:): As amended. Chair Russell: 11r. --ves. PZA 2 RESOLUTION 6335 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING, WITH CONDITIONS, AN Planning EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.2.6(A) OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW AN EXISTING LEGAL NONCONFORMING ADULT ENTERTAINMENT USE TO OPERATE FOR AN ADDITIONAL TWENTY YEARS AFTER THE ADOPTION OF THE MIAMI 21 CODE ON A SITE LOCATED WITHIN THE "T6-60A-O," URBAN CORE -OPEN, TRANSECT ZONE FOR THE PROPERTY GENERALLY LOCATED AT 15 NORTHEAST 11 STREET AND 29 NORTHEAST 11 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0436 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Note for the Record. For additional minutes referencing Item PZ.12, please see "Public Comment Period for Planning and Zoning Item(s). " Chair Russell: I'd like to move -- Todd B. Hannon (City Clerk): As amended. Chair Russell: _llr. Chairman, I'd like to move PZ.12, please. Commissioner Hardemon: Second. City of-lliani Page 210 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Hold on. Chair Russell: Our Chairman's going to bring us home tonight. Commissioner Hardemon: Second. Commissioner Carollo: What -- let me ask -- Chair Russell: Chair. Victoria Mendez (City Attorney): It's okay. Commissioner Carollo: Ma'am, you're here for or against it? Iris Escarra: I am here actually to see if there's any opportunity for PZ.4 to be heard. This item has been pending for the last -- Chair Russell: That's the last item on the agenda. Ms. Escarra: That was the first item on the "P" -- Chair Russell: No, that'll be the last item on -- that'll -- we'll be done. Commissioner Carollo: You know what? Why don't -- Chair Russell: This is the second to the last item that I've moved. Ms. Escarra: Okay. Thank you. Chair Russell: And then that -- Ms. Escarra: I appreciate it. Chair Russell: -- I will do right after. Ms. Escarra: We've waited for this for four Commission meetings. Thank you, Mr. Chairman. Commissioner Carollo: Okay. PZ.4, is that a long item or --? Ms. Escarra: It's not my appeal. We represent the appellee. Chair Russell: Car wash versus car wash. Commissioner Carollo: Is there somebody here on that appeal or --? Chair Russell: Was there a second? Commissioner Hardemon: Mr. (UNINTELLIGIBLE), what are you here for? What case are you here on? Commissioner Carollo: Well -- Commissioner Hardemon: 12? Ms. Escarra: Then maybe nobody's here. We'll find out. City of Miami Page 211 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Is there anybody else here for PZ.4? Chair Russell: Chairman, was there a second to the motion? CommissionerHardemon: I second it. Vice Chair Gort: PZ.4 (UNINTELLIGIBLE). Chair Russell: We're on 12. CommissionerHardemon: PZ.12. Commissioner Carollo: Yeah, yeah. Lice Chair Gort: Oh, we're on 12. Okay. Commissioner Carollo: But I was just wondering if there's anybody else here. Lice Chair Gort: PZ.12. Commissioner Carollo: Okay. Let me go to PZ.12. Lice Chair Gort: A resolution -- Madam Attorney, you want to read --? Commissioner Carollo: How many years do they have left in this nonconforming use? Mr. Planning Director, how many years do they have here left? Francisco Garcia (Director, Planning): They are presently requesting an extension. Commissioner Carollo: I know that, but how many years do they have left now? Mr. Garcia: Well, that is subject to some conversation that will happen before you today. The -- my reading of Miami 21 is that they have the ability through an extension, which is what they are requesting today -- Commissioner Carollo: Right. Mr. Garcia: -- to extend their sunset clause by an additional 20 years. So if -- and I'll be brief about this, and you'll hear more about it. So if this use is considered legal nonconforming from the adoption of Miami 21 in the year 2010, that would give them a sunset clause of 20 years. And through an exception, in principle, they would be able to get an extension for another 20 years, which would then sunset them in 2040, subject to your approval of that extension for the additional 20 years. What you will hear from them today -- and IZl yield very quickly to the applicant -- is that they, through some additional filings they have, are entitled to an additional 10 years, and we will certainly chime in and opine on that as well. Commissioner Carollo: That they're entitled to 10 years, plus the 20 they're asking? Mr. Garcia: Right. For a total of up to 2050, the year 2050. Commissioner Carollo: Okay. So one is 40 years versus 30 years? Mr. Garcia: That's correct. Lice Chair Gort: Yes, sir. City of Miami Page 212 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Jose Diaz: Jose Diaz, 2 Alhambra Plaza, Suite 102, Coral Gables, Florida, on behalf of the applicant, GR OPCO. I would like the record to reflect that I was substituted as the counsel for this on September 16, taking the place of Greenspoon Marder, the prior law firm on record. As the Planning Director has already said, we come before you today to request an exception to allow the extension of the existing legal nonconforming use of this property, through and including May 20, 2050, pursuant to Section 7.2.6(a) of Miami 21. Your professional staff has recommended approval of this item, as it is compatible with the surrounding neighborhood, and it's within the Parkwest Entertainment District. In their report, the staff acknowledges that Code Enforcement in the Downtown NET (Neighborhood Enhancement Team) Office expressed no concerns with this extension. Similarly, we're happy to report, that not one single neighbor or neighborhood association has come out in opposition to our request. The mention to the extension was that in 2013, on January 24, the City ofMiami's Zoning Administrator issued a zoning verification letter, allowing for the continuance of the nonconforming use from the effective date of Miami 21, thus, giving us till 2030; meaning that our extension right now is through 2030, but because we want to remodel the property -- we have about 13 acres and 18 lots, 10 million square feet of developable space -- we want to refinance everything, and it takes a longer period. So if you go to the market right now, it's about 30 years to refinance something. Commissioner Carollo: Okay. So basically, the reason you're coming -- when you have, whether it's 20 years or 10 years, depending which way it's going to be interpreted, it's still substantial -- Mr. Diaz: Yeah. Commissioner Carollo: -- 10 or 20 --is that you're trying to refinance? Mr. Diaz: Yeah. We're trying to do more with the surrounding neighborhood, now that we've acquired more parcels, and we will be looking for financing mechanisms and -- Commissioner Carollo: Is the refinancing part to enclose roofs and what have you for that --? Mr. Diaz: Yes. We've been allowed to enclose the roof. There'll be no expansion of the existing use right now, so it's not like we're going to build more of the adult space; that's already constricted. Commissioner Carollo: And is that a covenant that you're going to be placing, that you're going to enclose that roof space? Mr. Diaz: Yes. Commissioner Carollo: You are willing to -- Mr. Diaz: We have agreed to certain conditions. Commissioner Carollo: -- proffer a covenant that -- under the conditions that you enclose that roof. Mr. Diaz: Yes. Commissioner Carollo: Mr. Planning Director and Madam City Attorney, what kind Of complaints have we gotten in the past -- when I say, "in the past, " not just in the last two years, but prior to that. I've only been back for not quite two years --from -- City ofMiami Page 213 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 when I left here in two -- November 2001, that area hadn't been built out like it is now, with so many new condominiums that actually brought real people as residents there. And one of the concerns that we should have in one of the areas that I believe I read about and heard was that a lot of the neighbors have complained that the noise is spreading. And, you know, when you have buildings and a lot of open air that noise travels. So my question is, how much complaints have we gotten in the past from this particular club and location? Chair Russell: Mr. Chair? b ice Chair Gort: Yes, you're recognized. Chair Russell: As the district Commissioner, we received a lot of complaints originally when I first came into office, and they were actually hitting a couple of the two or three strikes with the noise ordinance. I have to say, since then, it's gotten a lot better. It has. We get much less. Commissioner Carollo: Is the problem that they had open space? Chair Russell: The open rooftop was part of the problem. Commissioner Carollo: Okay. So that's the only area that you have open? Mr. Diaz: Correct, that's the only area we had open. And in the last year, there were two noise complaints, and they were both dismissed. Commissioner Carollo: Okay. So if you enclose that -- Mr. Diaz: It should resolve everything. Commissioner Carollo: -- it should resolve it. And in what time period will you resolve it, if this is approved? Mr. Diaz: It should not take too long. I would have to speak with the client, but it should be closed within six months to a year. Commissioner Hardemon: I always thought it was an interesting thing -- like I've obviously been on the rooftop before, because they have -- part of it is an enclosed restaurant -- Commissioner Carollo: Excuse me. You've been there? Commissioner Hardemon: --on the rooftop. Commissioner Carollo: They told me there was a Commissioner -- Commissioner Hardemon: Part of it is an enclosed restaurant. Commissioner Carollo: Okay. Commissioner Hardemon: It has great food. Commissioner Carollo: Giving yourself up, Hardemon. Commissioner Hardemon: It's a great family location for tapas. Commissioner Carollo: Yeah, yeah. I know. City of Miami Page 214 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Hardemon: It's the truth. Commissioner Carollo: I know, yeah. Commissioner Hardemon: And so -- and then the other part is outdoors. So for those of us who like cigars, or something like that, you could be up top. And it's just a -- Commissioner Carollo: Don't smoke too much; it'll kill your growth. Commissioner Hardemon: So -- but my point is, is that in the City of Miami, we really have to take a look about how we look at these outdoor venues, because part of the allure of being on the rooftop is the open air. The complaint is the noise that comes from --for instance, they had DJs (disc jockeys) up there, and they're blasting music, but certainly, I mean, all of us would agree, if you go to our own backyard and you turn on some music, you enjoy that space. And so, enclosing a space like that is like -- it's almost like a tragedy. It reminds me of -- okay, imagine we have all of these high-rises that have pools on the 12th floor, the -- you know, whatever floor it may be. Imagine that they had to enclose the pool space, because they said, "Oh, there's too much noise, " right? It's not the same. Commissioner Carollo: So what you're trying to tell us is that when you go back you prefer it open, not enclosed? Commissioner Hardemon: That's right. Just like the Marlins Stadium -- right? -- it's an open-air venue. They can close it, but it's an open-air stadium, and there's lots of people, there's lots of noise; they have fireworks, and they're losing, but -- Commissioner Carollo: Is that part of your budget, that you could close it or open it? Commissioner Hardemon: No, I'm sure it's not. But -- no, but the point is, is that there's value, obviously, to open air things; that's why ballparks have it; that's why, you know, pools have them. Commissioner Carollo: I agree with you. The only problem here is that -- Commissioner Hardemon: So we have to figure out how we have to, as a city -- Commissioner Carollo: -- when it's after hours or even below hours, and then you have people trying to get sleep, and that music is traveling. Commissioner Hardemon: Right. That's my point. Commissioner Carollo: That's (UNINTELLIGIBLE). Commissioner Hardemon: We're blasting music. Commissioner Carollo: Yeah. t ice Chair Gort: One at a time, please. Yes, sir, you're recognized. Chair Russell: Thank you. So -- and I agree with you, Commissioner. We do want to have good outdoor spaces, good event venues. This one was really too loud, and they -- after the citations, Code did come down on them; it did get better, but part of this getting better was the agreement to the enclosure, and they have agreed to it. And I think, in the end -- City of Miami Page 215 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Well -- Chair Russell: -- their venue will -- Commissioner Carollo: --is the Building Director here? Well, I guess -- Mr. Diaz: Can I mention something about the conditions? Commissioner Carollo: Did he go to Tallahassee, too, or --? b ice Chair Gort: Go ahead. Commissioner Carollo: Do we have --? Mr. Diaz: Yeah. I was just going to mention that separate and apart from closing, there's a condition, Condition 12, that disallows any music in the upstairs open area from 11 p.m. to 7 a.m. So even if you don't close it right away, as soon as this passes, there'll be no music after 11 p.m., per the City's request. Commissioner Hardemon: None, whatsoever? Huh? Man. Commissioner Carollo: Yeah. Commissioner Hardemon: Sucks. Mr. Diaz: It's something we agreed to, and staff recognizes. Commissioner Carollo: I see Hardemon knows a lot more about this than any of us do. Commissioner Hardemon: Yeah, I'm not -- I can't go there anymore. Now I'll have to go to Little Havana. Mr. Diaz: You're all welcomed to come for a dinner. Commissioner Carollo: I'll assure you, you're not going to get the same enjoyment in Little Havana. b ice Chair Gort: We're getting close to 10 o'clock. Commissioner Carollo: (UNINTELLIGIBLE) there. Chair Russell: We are. Bice Chair Gort: Okay. Chair Russell: So my Jennings disclosure, I met with the previous representative, but not with Mr. Diaz on this issue, but I'm -- Commissioner Carollo: Yeah. Chair Russell: -- satisfied on the covenant. I'm satisfied on the -- Commissioner Carollo: Well, I met and my staff, I think, met with some of the representatives that they have, not Mr. Diaz. The -- and I met with some additional people that were opposing it, also, and so did my staff, so we met across the board with people, and that's -- City of Miami Page 216 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Hardemon: And in an abundance of caution -- Commissioner Carollo: -- the best of my knowledge who we met with. Commissioner Hardemon: -- I probably should give a disclosure -- Vice Chair Gort: Disclosure also. Commissioner Hardemon: -- because there's other -- at least one of the owners, proponents of it, we may have had conversation about this particular -- Commissioner Carollo: But was it -- Commissioner Hardemon: --you know, ordinance. Commissioner Carollo: -- up on the rooftop or --? Commissioner Hardemon: No, it wasn't at the rooftop. It wasn't on the rooftop. Lice Chair Gort: Jennings disclosure. I had a conversation Mr. Diaz also. Okay. Chair Russell: Mr. Chairman? Commissioner Carollo: The -- lice Chair Gort: Any further discussion? Chair Russell: Last question. Commissioner Carollo: No, no, no. Chair Russell: -- Madam City Attorney -- Commissioner Carollo: I have questions on this. Chair Russell: -- during public comment, several legal things were brought up by Mr. Slyder. Do any of those issues affect what we're voting on here today? bictoria Mendez (City Attorney): The issues that -- I believe that staff has looked at all those issues, and they have been dealt with in their analysis. He did bring up issues with the police -- that I don't know about -- with regard to -- Commissioner Carollo: Okay. Well -- Ms. Mendez: -- issues with that, but Commissioner Carollo: --the other issues -- and I don't want to go into an area that we're not allowed to by law and put us in harm's way, butt do want to ask something that's unrelated to this, if you don't mind answering it. Do you all pay cash to off - duty police officers? Mr. Diaz: No, we do not. Commissioner Carollo: Okay. That's something that's of great concern. So, at least we have one establishment that's not doing it. Anyone's heard from the Building Director, the Assistant Building Director? Anybody that could put blocks together, Legos? City of Miami Page 217 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Vice Chair Gort: Anyone from the Building Department here? Commissioner Carollo: Well, anybody around? Yes. Who's there? Oh. Did -- Tice Chair Gort: All right. Commissioner Carollo: Hold -- no, no, no, no. This is important for this, because to me -- Lice Chair Gort: Do we have anyone from the Building Department? Commissioner Carollo: -- a lot of where my vote goes depends on the guarantees of what happens in that rooftop that Hardemon likes so much. If I'm to consider voting for this, I need to make sure that the noise problem that a lot of neighbors have had in the past is resolved. If it's going to be resolved, then I don't mind giving them an extension so they could get financing for that, even though -- Commissioner Hardemon: Yeah, I assure you -- Commissioner Carollo: -- you know, I -- Commissioner Hardemon: --they don't make their money on the roof. Commissioner Carollo: I -- even though this is not, you know, the kind of establishment that, you know, I really care about, but this -- I can't make my decisions on that. I got to make it on the laws and what we have before us. But -- Chair Russell: While we're waiting, Mr. Chairman -- Commissioner Carollo: -- I need someone that -- Chair Russell: Yeah, they're getting somebody. Commissioner Carollo: Okay. Chair Russell: Mr. Chairman, just an announcement. Lice Chair Gort: Yes. Chair Russell: I've been informed there's a white b'olvo SUF (sports utility vehicle) that's going to get towed outside; it's blocking a charging station. If anyone here has a white SUF T'olvo. Commissioner Carollo: What's it blocking? Chair Russell: A charging station. Commissioner Carollo: A charging station? Chair Russell: Electric vehicle. Commissioner Carollo: White SUI , I'olvo. No. Francisco Garcia (Director, Planning): IfI may, very briefly, Mr. Chair. We would like for a moment to hand out the substitute fact sheets, which represent Mr. Diaz properly as the attorney for the matter. City of Miami Page 218 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Well, we could go on in other stuff on this item, but, you know, until someone shows up to -- CommissionerHardemon: Who was the -- Commissioner Carollo: -- try to answer my questions. CommissionerHardemon: --previous attorney on the item? Mr. Diaz: Previous attorney was Greenspoon Marder. CommissionerHardemon: Greenspoon. Oh, okay. NotMr. Solowsky? Mr. Diaz: Not who? CommissionerHardemon: Mr. Solowsky. Mr. Diaz: No. CommissionerHardemon: Jay Solowsky. Commissioner Carollo: We -- CommissionerHardemon: Little known fact: Jay Solowsky --I met Jay Solowsky on the day that I found out that I passed the bar. I'll never forget that fact. He didn't hire me. Commissioner Carollo: Thank God. I thought you were -- Vice Chair Gort: No wonder you (UNINTELLIGIBLE). Commissioner Carollo: -- I thought he was going to hand you up and say, "He might be on the rooftop. " But the -- Chair Russell: Do you want to table it and move to PZ.4? Because that's our last item. Commissioner Carollo: Well -- Ms. Mendez: Commissioner, did you want to put a condition of time? Is that what you were looking for on -- Commissioner Carollo: No. I -- Ms. Mendez: -- (UNINTELLIGIBLE) construction of the rooftop? Commissioner Carollo: -- want to be assured of something in particularly, that Building -- Bice Chair Gort: Can be enclosed. Commissioner Carollo: -- does, and I want to get it on the record, because that's the only way that I see that you have a shot at getting something accomplished in the City; getting it on the record. Even that, you know, is 50/50 or less. Chair Russell: Mr. Chairman? Lice Chair Gort: Yes, sir. City of Miami Page 219 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: My understanding, it's also the enclosure. It's soundproofing, as well. It's -- Mr. Diaz: There's soundproofing and a total -- Chair Russell: Right. Mr. Diaz: -- disallowance of any music. The actual language is, "It shall be unlawful to play or operate music boxes, juke boxes, radio, and musical instruments" Chair Russell: Photographs. Mr. Diaz: -- yada yada yada, 'from 11 to 7 a.m. the following day. " Chair Russell: That's for the enclosure. Mr. Diaz: Yeah, and that's on the rooftop. So there'll be no outside music. Chair Russell: Once the enclosure is there, there Zl be music; am I correct? Mr. Diaz: There will be, but if it's open -- so long as it's open -- Chair Russell: Correct. Mr. Diaz: -- they cannot -- Chair Russell: No music. Mr. Diaz: -- have anything from 11 p.m. till 7 a.m. And even now they have -- only have two noise complaints in the last year, and both were dismissed. Commissioner Carollo: How many square feet do you have there? Mr. Diaz: 15,997 square feet. Commissioner Carollo: 997. I thought that would be a lot bigger. Mr. Diaz: No. That's the square footage of the structure. Commissioner Carollo: And the upstairs, how big is it? Mr. Diaz: I would imagine it's 6, 000 or so. Commissioner Carollo: Hardemon, is that accurate or not? Commissioner Hardemon: I don't know; I had my eyes closed when I was passing through. Commissioner Carollo: Well, tell them to take their hands off your eyes next time, so you can see. b Ice Chair Gort: Okay. Mr. Diaz: Yeah. The resolution has a "whereas" clause, where the site contains an existing legal nonconforming commercial structure consisting of approximately 15,997 square feet. City of Miami Page 220 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Parking, what do you guys do for parking there? Where do you have parking? Mr. Diaz: There's a valet right across the street, and then there's lots all around; you know, perimeter parking. Commissioner Carollo: Is the valet hired by the establishment or --? Mr. Diaz: Yes, it is. Commissioner Carollo: Okay. That's another good point. Is the valet up to date in paying the City's surcharge? Because that's another one of the things that I ran into Mr. Diaz: Yes, sir. Commissioner Carollo: -- in the past, where valets weren't paying the right amount. They might be up to date, but are you guys -- Mr. Diaz: We are. Commissioner Carollo: -- becoming responsible that since you hire them -- Mr. Diaz: Yeah. Commissioner Carollo: -- that they are paying the amounts -- Mr. Diaz: Yeah. Commissioner Carollo: -- that they're supposed to? Mr. Diaz: Yeah. Because of the scrutiny that a club like this has, we're extra careful with everything. Commissioner Carollo: I hope so. Now, there was an incident that was reported some time ago by a television station. I don't know if it was in front of your place or somewhere else. Mr. Diaz: It was in front of our place, but it was not one of our employees. Commissioner Carollo: It was not one of your employees? Mr. Diaz: It was not; it was a bartender from another area, not from our place and not one of our employees. Commissioner Carollo: Okay. So she was a bartender from another area? Mr. Diaz: Correct. Commissioner Carollo: So she wasn't -- Mr. Diaz: That's what was communicated to me. Commissioner Carollo: Okay. Mr. Diaz: We're actually the ones that submitted that video to the police. City of Miami Page 221 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Okay. And my biggest concern is not the bartender, whatever she was. My biggest concern was the people that are being hired off -duty for security that --you know, they were just standing there and -- Mr. Diaz: Yeah. She was neither an employee of ours, an independent contractor of ours, or had any affiliation with our club. Commissioner Carollo: Okay. ti ice Chair Gort: Okay. Chair Russell: If we get out of here by 10, we can go check it out. Commissioner Carollo: No, no, no. Hardemon's our point person on this. He's familiar with it already. Commissioner Hardemon: I can't wait -- Lice Chair Gort: Okay. Commissioner Carollo: He's familiar with it. Commissioner Hardemon: -- to pull you in. Commissioner Carollo: Yeah. No. Commissioner Hardemon: I can't wait to pull you in. Vice Chair Gort: My understanding is, as long as there's no roof, you cannot play music from 11 to 7; am I correct? Mr. Diaz: Correct. Vice Chair Gort: All right. Commissioner Carollo: The -- Lice Chair Gort: Arty further discussion? Commissioner Carollo: Well, I need to get something on the record on this gentlemen that is really the genesis for the problems that we've had there so that I could be assured that it's going to be resolved, and -- Commissioner Hardemon: It seems like it is. Commissioner Carollo: I don't know. I mean, it's not our policy anymore to keep staff from all the departments in case something comes up, or are we saving money or --? (UNINTELLIGIBLE). Lice Chair Gort: We've been asking for anyone from the Building Department (UNINTELLIGIBLE) have a question of. Joseph Napoli (Deputy City Manager): Mr. Lice Chairman, we'll have someone from the Building Department here in less than 10 minutes. Commissioner Carollo: Okay City of Miami Page 222 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Vice Chair Gort: Well, you want to table this and let us get 4? Commissioner Carollo: No. Commissioner Hardemon: I want to call the question. Commissioner Carollo: Let me ask you something else on this. Mr. Diaz: Yes, sir. Commissioner Carollo: What can we put in a covenant -- and I'm not trying to get you to give me a number (UNINTELLIGIBLE) you will live to; if it's six months, it's six months; or it's a year, it's a year; if it's a year and a half, it's a year and a half. But what I want is a commitment that whatever date you give me today -- that should give you some wiggle room -- that by that date, you will have that whole rooftop enclosed in such a way that it would be as soundproof as you can make it. It's not easy necessarily to do it, if you got glass and you want glass, for people to be able to enjoy it. If you got it all enclosed, then you don't need a rooftop, because they could go into the lower parts. But I want to be sure that in part of the covenant of what you're going to offer, part of it is going to be that you will have it finished by certain amount of time; otherwise, you lose what we gave you. Mr. Diaz: Well, I don't have authority to commit them to a time right now. But I want to explain the rooftop for a second. Commissioner Carollo: Can you call someone and they could -- Mr. Diaz: I can. Commissioner Carollo: -- give you an estimate? Mr. Diaz: I can, but want to explain the rooftop for a second -- Commissioner Carollo: Okay. Mr. Diaz: -- which is there already is an enclosed portion. There's a restaurant operating upstairs that is enclosed. The portion where it's open, where the music was an issue, is to the side; and already, again, just as what was agreed to with staff Commissioner Carollo: Yeah, but it's 6, 000 square feet; that's huge. Mr. Diaz: That was a numbed pulled out of the hat. I cannot -- Commissioner Carollo: That's huge up there. Mr. Diaz: -- even attest to that number being the number of the upstairs. I could make a call and find out -- Commissioner Carollo: Okay, that -- it will be good. Mr. Diaz: -- when the appropriate soundproofing and measures will be taken into place to accommodate your concerns. Commissioner Carollo: That would be very, very helpful to me in doing that. We have anybody from the Building Department here yet? City of Miami Page 223 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Apparently not. Commissioner Carollo: Well, this is what I thought, too, Chairman, that all Directors had to stay, but, you know, this is the new wave that we have here. Ms. Escarra: IfI may, Commissioners? Good evening. Chair Russell: Why don't we table this item and take up PZ.4? Commissioner Carollo: Are you part of this, too? Ms. Escarra: I am part of this team. Commissioner Carollo: My God. Ms. Escarra: Iris Escarra, with offices -- Commissioner Carollo: How many people do we have here? Ms. Escarra: -- at 333 -- Commissioner Carollo: You're not going to put a wheel there, are you? Ms. Escarra: No, no, no; no wheels. Commissioner Carollo: Man, it's -- they had everybody here. Ms. Escarra: -- Southeast 2nd Avenue, with regards to the master plan. So I'm working with them on the master plan for the site. The site right now -- the building, in and of itself, is going to stay in its same format. So, for example, the two stories that are enclosed with the adult use and the open -- the third level -- Commissioner Carollo: Okay. When you say, "the two stories enclosed" -- Ms. Escarra: The two stories are enclosed. Commissioner Carollo: -- where are they at? Ms. Escarra: The first story and the second story -- t ice Chair Gort: On the second floor. Ms. Escarra: -- are enclosed, and that's where the adult use is. The third floor used to be a restaurant,* that is now not being activated. It's not currently in use. Commissioner Carollo: Is that a restaurant now? Ms. Escarra: It's not a restaurant, no. Commissioner Carollo: I thought you told me, Hardemon, you were going there to eat. Bice Chair Gort: Excuse me. Commissioner Hardemon: I haven't been there in a long time. Commissioner Carollo: Yeah, yeah. City of Miami Page 224 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Ms. Escarra: I apologize. CommissionerHardemon: I told you (UNINTELLIGIBLE) make any money. Ms. Escarra: I apologize. Commissioner Carollo: That's not what I hear. Ms. Escarra: The restaurant is still there? Commissioner Gort: Okay. Ms. Escarra: It's still open? Unidentified Speaker: Yeah. Ms. Escarra: Oh, I'm -- I apologize; I misspoke. The restaurant is still there. I haven't been there in a long time. So the restaurant is still open. Commissioner Gort: People can go in and out. Commissioner Carollo: Whoa. You too? Ms. Escarra: It's a great club, it's a great club, and they play good music. Commissioner Carollo: Okay. Looks fool, huh? Ms. Escarra: So then, we wanted to just put on the record that the building's going to be staying in its current format (UNINTELLIGIBLE). Commissioner Carollo: Why are you blushing? Ms. Escarra: Huh? I'm sorry? Commissioner Carollo: Why are you blushing? Unidentified Speaker: Why are you blushing? Ms. Escarra: Why am I blushing? Commissioner Carollo: Yeah. Ms. Escarra: Because you made my laugh. Commissioner Carollo: Oh, okay. Ms. Escarra: You made me laugh. It's the lights -- Commissioner Carollo: I'm glad. I like to make people laugh. Ms. Escarra: So regarding the building, the building is going to stay in its current format for along period of time. It's part of a bigger redevelopment plan. But that third floor, with these restrictions, is going to stay in its format, so we're not going to be enclosing it any time soon, which is your question. But once the site, probably in the future when it gets redeveloped, it'll -- you know, it's T6-60. It's allowed 80 stories -- it's allowed -- sorry -- 60 stories, up to unlimited height, so it will eventually get redeveloped some day in the future, but this is the last component. City of Miami Page 225 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: But Iris, what I'm -- Vice Chair Gort: Excuse me. Commissioner Carollo: -- trying to ascertain is by when are you going to enclose that? Ms. Escarra: That's the problem; we don't have a date. Lice Chair Gort: They're not going to give you the answer. Let's table this and go (UNINTELLIGIBLE) to 4, PZ.4. Commissioner Carollo: Well -- Ms. Escarra: We -- Commissioner Carollo: -- the -- bite Chair Gort: We can bring it back. Commissioner Carollo: -- by when -- I'd like to finish it tonight for them, but -- Fice Chair Gort: No, I want to finish it tonight also. Commissioner Carollo: Yeah, but by when -- Ms. Escarra: That's the pro -- Commissioner Carollo: -- are you going to enclose it? Ms. Escarra: I can't necessarily give a date, because we don't have a date. Commissioner Carollo: I don't care if you give me a long date, but I don't want you to tell me that it's going to be 20 years from now. Ms. Escarra: I was about to say, 2050, but no. I -- honestly, I don't have a date. I wouldn't fool you and tell you a date that's not an accurate date. Commissioner Carollo: Well -- Ms. Escarra: They have no plan right now to enclose it, because they're just trying to refinance that existing structure and focus on developing another one. So that one -- they're willing to accept all the restrictions, which -- the noise and everything that's happening on that ground level, but they're not going to be closing it. So that's why I don't have a date. Chair Russell: Chairman? Commissioner Carollo: Well, this is -- bite Chair Gort: Excuse me. Commissioner Carollo: --it's concerning. I thought we were going in the right path here. Ms. Escarra: Yeah. bite Chair Gort: Let me recognize -- Yes, sir. City of Miami Page 226 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: I just wanted to, if I could, colloquy with Commissioner Carollo. Why do we care about when they enclose it? Because if they're -- Commissioner Carollo: Well, because if they do, then we're guaranteed that there's not going to be noise to bother and keep people -- Chair Russell: But they're already -- Commissioner Carollo: --up in your district. Chair Russell: --they're stuck to the no noise covenant on the open air after]] p.m. until they enclose it, so I don't really care -- Commissioner Carollo: Well -- Chair Russell: -- if and when they enclose it. Commissioner Carollo: -- while that sounds good, Commissioner, my experience has been then, who the heck enforces it? And let me tell you what then happens. This is why we have to change this whole system that we have here. The neighbors complain to the Police Department. The Police Department has now sent regular units that are on duty. They're going to send the complaints to the off -duty units. You think guys that are working week after week, in the same place, are going to shut them down? No way. That's what happens all the time. And this is across the board, across the City, across all districts. And this is my concern then. Code, they come in. The police officers trump the power over them, and, you know, most of the Code people we have are very new, also, and young, so they let the police officers handle it, and the music will go on. So I need some restrictions that will guarantee that during the time they're going to have open air that is not enclosed, so that Hardemon could enjoy his fresh air, that if there are any complaints, whatsoever, that there was music there, that they're going to be fined severely -- they volunteer that without arguing, so that we could have your neighbors in your district assured that, you know, what we did tonight really was to their benefit. ['ice Chair Gort: Mr. Chairman, you're recognized. Chair Russell: Trust me, these neighbors are some of the highest maintenance when it comes to noise. This is the high end residential, fronting Ferre Park, and it got really bad. It did get had. And they almost lost their license. Code did their job. The police did their job. And they are now being a good -- Commissioner Carollo: How long ago was that? Chair Russell: -- they are being -- IfI could finish? -- a good neighbor at this point, so I do trust that this -- Commissioner Carollo: I'm not doubting that. Chair Russell: Yeah. I'm okay with this. Commissioner Carollo: I don't know what's been going on there. I got enough problems in my own district to try to meddle in anybody else's. I only will step into someone else district when people from that district come to my office; and even so, I walk very lightly in that, because I am respectful of other Commissioner's district. But I'm trying to have a system in place that will assure the neighbors that they're going to get what we -- I promised that they're going to get; peace and quiet. And counselor, can you help us in what you could offer that would put some teeth then City of Miami Page 227 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 into the law that we have? You were doing better on your own. Iris got in there, and you know -- we were going real good, until Iris got in there. She's still in Freedom Parkin the Melreese. She hasn't shifted gears yet. Mr. Diaz: What Ms. Escarra is saying is that since we've been cited before previously, and it was longer than a year ago, if we're cited again, there could be higher penalties because of those previous violations. So if you want to put that on the record, you can. You could put it under Condition 12 -- Commissioner Carollo: Okay. Mr. Diaz: -- that, you know, due to previous violations -- or previous historic violations, any additional fines will be at the highest level levied by the City. Commissioner Carollo: Okay. b ice Chair Gort: We have somebody from the Building Department. Commissioner Carollo: Okay. Ms. Mendez: That's a thousand dollars per day. Mr. Diaz: If there's a new fine. Commissioner Carollo: How much? Mr. Diaz: And when you're found guilty. Ms. Mendez: No, no. I understand. But if you're agreeing to that, it's a thousand - Mr. Diaz: Understood. Ms. Mendez: -- that's like the highest fine we have. Commissioner Carollo: Hey, that's nothing. They make that in one minute. Tice Chair Gort: Okay. We have a question -- Commissioner Carollo: (UNINTELLIGIBLE) -- Vice Chair Gort: --for the Building Department. Commissioner, you got somebody representing the Building Department. Jose Camero (Director, Building): Hello, sir. Commissioner Carollo: Director, thank you for being here. I won't get into why you weren't, but I want to go right to the point; it's late, and we're trying to get out of here quickly. There this Club El ]even; you're familiar with it? Mr. Camero: Correct. Commissioner Carollo: Okay. I'm assuming you're familiar with it for the right reasons, so I won't go there. Mr. Camero: Okay. Commissioner Carollo: I'll leave that to one of my colleagues. But my questioning, why I needed someone here, and I'm glad it's you, because you're the maximum City of Miami Page 228 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 authority in Building. We're talking that they're going to enclose that top floor at some point in time; soundproof, hopefully. My question to you is, within the Building Code that you know much better than I do -- I'm a novice -- in fact, worse than a novice in Building Codes -- can they legally enclose that upstairs, that terrace? Mr. Camero: From a Building point of view -- Commissioner Carollo: Yeah. Mr. Camero: -- it could be done. Commissioner Carollo: Okay. Mr. Camero: It could be -- depending what material they use -- Commissioner Carollo: Sure, sure. Mr. Camero: -- it could be soundproof, it could have a blanket, and it could absorb the sound, from a Building point of view. Commissioner Carollo: Okay. Mr. Camero: I am not talking about area. I'm not talking -- Commissioner Carollo: Yeah. Mr. Camero: -- about zoning -- Commissioner Carollo: Yeah. Mr. Camero: -- or any other (UNINTELLIGIBLE). Commissioner Carollo: Right. I understand that. Mr. Camero: Yes. Commissioner Carollo: You know, all that, you know, obviously we, you know, could do here if it would be required. Mr. Camero: Sure. There is no -- I'm sorry, sir. -- there's no plans, so I cannot -- Commissioner Carollo: Sure. Yeah. Mr. Camero: -- tell on the structure what kind of roof it has, what kind of support. All of that, I don't have any of that information. Commissioner Carollo: That's understandable, because they've admitted here they don't have any plans yet; otherwise, I would have been asking to see them next. So I got trumped before I could ask a question. But your opinion, for the record, is in that particular location, in that rooftop, there could be a rooftop made in the fashion that we've discussed here, that it could be soundproofed and so on, that's enclosed. Mr. Camero: That is enclosed. Commissioner Carollo: The only question that I've asked that you can't certify, you don't know about the zoning and other matters like that? City of Miami Page 229 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Camero: And I don't know about the structure. I don't know the levels. Commissioner Carollo: Sure. Mr. Camero: I don't know -- Commissioner Carollo: Yeah, yeah, I understand that. Mr. Camero: -- but it could be done. Commissioner Carollo: Yeah. Mr. Diaz: And Commissioner, we can proffer something else -- Commissioner Carollo: Yeah. Commissioner Carollo: -- which I know has been a concern for you. You asked about the police. We're willing to be the poster child for a new way, where we actually will pay for the City police through a third party entity. That will also add, I would imagine -- t ice Chair Gort: Okay. Mr. Diaz: -- better communications with the Police Department, and -- Commissioner Carollo: Okay. Well -- Mr. Diaz: -- we'll be your poster child for that. Commissioner Carollo: -- this I'm interested -- Lice Chair Gort: (UNINTELLIGIBLE). Commissioner Carollo: -- in. You're willing -- Mr. Diaz: Yes. Commissioner Carollo: -- to go through a third party entity -- Mr. Diaz: Yes. Commissioner Carollo: --so that you would pay that third party to take care of the police and pay us -- Mr. Diaz: Yes, sir. Commissioner Carollo: -- a surcharge? Mr. Diaz: We would do that. Commissioner Carollo: Okay. Ms. Mendez: You mean like an ADP? Mr. Diaz: What a third party --either a nonprofit or a profit company that would be the one that would be managing the police on site. We would (UNINTELLIGIBLE) them, and then they would be responsive to that company and not to us, so there will be no conflict of interest. City of Miami Page 230 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 T -ice Chair Gort: Excuse me, excuse me. Excuse me a minute. I appreciate if you go through me, okay? Mr. Diaz: Yes, sir. Chair Russell: Mover accepts. I'd Like to call the question. Commissioner Carollo: You will -- CommissionerHardemon: Second. Commissioner Carollo: --will you put that as part of your covenant? Mr. Diaz: We'll put it as part of the covenant. ti ice Chair Gort: You already made a commitment on the record, so that's going to be part of the (UNINTELLIGIBLE). Commissioner Carollo: Yeah. Vice Chair Gort: My understanding is, the answer's been -- there's already a building that exists upstairs, so this will be the extension of existing building upstairs. Okay? Commissioner Carollo: Okay. Lice Chair Gort: The question's been called. Commissioner Carollo: Thank you very much, Director. I appreciate it. Commissioner Gort: Okay. Arty further discussion? Being none, all in favor -- Todd B. Hannon (City Clerk): Chair -- sorry. Lice Chair, I do not have a mover. Chair Russell: Yes, you do. Mr. Hannon: Okay. Vice Chair Gort: Yes. Mr. Hannon: You moved it and then you seconded? Commissioner Carollo: Hardemon seconded. Now -- Lice Chair Gort: Okay. All in favor, state it by saying "aye. " Commissioner Carollo: Whoa, whoa, whoa, whoa. Chair Russell: Aye. Commissioner Carollo: Hold -- whoa, whoa -- Chair Russell: This is it. Commissioner Carollo: -- whoa, whoa, whoa. We got the covenants to put in there that's -- City of Miami Page 231 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: It's done. Commissioner Carollo: I want to have the covenants (UNINTELLIGIBLE) -- Vice Chair Gort: The amendments. Commissioner Carollo: -- make sure we're protected. Chair Russell: Mover accepted already. Question's been called; we're on the vote. Commissioner Carollo: Yes. Lice Chair Gort: Okay. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Lice Chair Gort: Perfect. Ms. Mendez: As amended with -- Vice Chair Gort: As amended with all the -- Ms. Mendez: -- all the proffers on the record that we will include either in the exception or as a covenant. Chair Russell: Thank you. I'd like to move PZ.4. Commissioner Carollo: Okay. All right. Vice Chair Gort: PZ.4. Mr. Hannon: Sorry. Chair, was that 4-0? Commissioner Carollo: No. Tice Chair Gort: No. Commissioner Carollo: Yeah. It's only four of us here. Mr. Hannon: Okay, 4-0. Commissioner Carollo: Yeah. Chair Russell: I'd like to move PZ.4. Mr. Garcia: And if I may, very briefly after the fact -- I apologize. Commissioner Carollo: Hold on. PZ -- Mr. Garcia: Housekeeping; my apologies. The -- Chair Russell: No. Mr. Garcia: -- City Clerk is insisting -- Chair Russell: We're one minute till 10 p.m. City of Miami Page 232 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 CommiiissionerHardemon: That's right. Chair Russell: So ire just need to make sure -- 1=Is. 1=1endez: Todd -- Chair Russell: -- there's a live item. 1=Is. 1=1endez: -- as amended You got that? llr. Hannon: Yes. lls. Mendez: As amended. llr. Hannon: PZ.12, as amended. llr. Garcia: As amended. llr. Hannon: And its now 10 o'clock, so I do need -- a statement that -- Tice Chair Gort: No. lh. Hannon: -- I need to read into the record. Commissioners, the time is noli, 10 p.m. lliani City Code Section 2-33 states the Commission meeting shall adjourn at the conclusion of deliberation of the agenda item being considered at 1Op. in., unless the time is extended by unanimous agreement of the members -- of the Cite Commission then present. Commissioner Carollo: Okay. lh. Hannon: TFith this in mind -- PZA 3 RESOLUTION 6336 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING, WITH CONDITIONS, AN Planning EXCEPTION TO ALLOW THE INSTALLATION OF AN AMUSEMENT RIDE (FERRIS WHEEL) PURSUANT TO ARTICLE 4, TABLE 3; ARTICLE 6, TABLE 13; AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21 "); AND APPROVING A WAIVER TO ALLOW AN EXTENSION ABOVE THE MAXIMUM HEIGHT PURSUANT TO ARTICLE 7, SECTION 7.1.2.5(A)12 OF MIAMI 21 ON A SITE WITHIN A "76-8-0," URBAN CORE - OPEN TRANSECT ZONE, FOR THE PROPERTY GENERALLY LOCATED AT 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0429 City of-lliani Page 233 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Hardemon NAYS: Carollo ABSENT: Reyes Note for the Record. For additional minutes referencing Item PZ.13, please see "Order of the Day" and Item RE.S. Chair Russell: And then the companion item, please, is PZ.13. b ictoria Mendez (City Attorney): As amended, by the way, all that -- Chair Russell: Yes. Ms. Mendez: --that (UNINTELLIGIBLE). Vice Chair Gort: As amended, yeah. Chair Russell: PZ.13 is a companion item within zoning for the Ferris wheel. Is there a motion on PZ.13? Vice Chair Gort: I want to do a Jennings disclosure. I met with the -- our staff, and the proponent of the Ferris wheel. Chair Russell: Is there a motion on PZ.13? Vice Chair Gort: Move it. Chair Russell: Moved; seconded by the Chair. Commissioner Carollo: On --for Jennings, anybody else has to make any Jennings declarations here? Chair Russell: Yes; if you'd like the whole formal statement or just --? Ms. Mendez: Just that you met with -- Commissioner Hardemon: (UNINTELLIGIBLE). Chair Russell: Sure. We met with the applicant and attorney. Unidentified Speaker: And Brian. Commissioner Hardemon: No one met with me on it. Brian, Brian. So I need to make a Jennings disclosure. I believe I met with one of the members of the team, Brian, for the Ferris wheel. Chair Russell: And altogether, this meeting has no impact on the impartiality in this matter and that -- which we can hear in a neutral manner (UNINTELLIGIBLE). Commissioner Carollo: How far back, Madam City Attorney? How far back in Jennings do we disclose? City of Miami Page 234 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Ms. Mendez: What I've -- if you were talking about this item that you're going to vote on, as many times as this item came up -- Commissioner Carollo: Well -- Ms. Mendez: -- this particular item. Remember that there were -- Commissioner Carollo: This particular item, yeah. Ms. Mendez: -- other amendments that we made to the -- that wouldn't require Jennings. This one has only come up twice before -- or once before, I believe. Commissioner Carollo: Okay. Ms. Mendez: So whenever -- Commissioner Carollo: Can you, for the record, explain what this item is about? Ms. Mendez: This item for -- it's an exception to allow a Ferris wheel, and also a height waiver. But Mr. Garcia is here, and he could explain it, exactly what it is for, but it is an exception to allow the use of a Ferris wheel and a height waiver. And if you can also state the feet that we -- the approximate feet, because we're going to make sure that we amend the agreement to state that; the feet for the Ferris wheel or the stories, or what have you. Francisco Garcia: So be it. For the record, Francisco Garcia, Planning Director. So Item PZ.13 is before you as an exception, which requires City Commission approval; some don't, but this one does. And it also incorporates as a lower permit a waiver. On the exception side, the exception is for the use; in this case, an amusement ride, and in particular, a Ferris wheel, or sky wheel, as it's being called. On the waiver side, the waiver is required, because the height limit for this particular zoning designation, T6-8-0, would otherwise be approximately 165 feet. The actual height limit is set forth in stories, so it's 12 stories, each measured at 14 feet, approximately. Because a Ferris wheel does not have stories proper, there is an alternative measurement, which has wordage such as "monuments, belfries, bell towers, " et cetera, which typically don't have stories. And through that measurement and through a waiver, they are able to get to -- I believe the Code says 190 feet. They are not requesting 190 feet. They are requesting 180 feet. Both the exception, with City Commission approval, and the waiver are before you for your consideration, and to either approve, deny, or approve with conditions, as you see fit. Commissioner Carollo: Okay. Now, voting for this has nothing to do with the item that we just voted upon that was the air rights; that's a total separate matter, correct? Mr. Garcia: That is correct, sir. The development capacity of the property remains untouched. Commissioner Carollo: Okay. Mr. Garcia: And the height provided here is specifically for this item, nothing else. Commissioner Carollo: All right. Thank you. Mr. Garcia: Thankyou. City of Miami Page 235 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Thank you. Commissioner Carollo: For Jennings, the Executive Tice President, I think is his title -- I believe his name is Joe Press, who was here -- met with me on the Monday, I believe, after the meeting. And after the conversation was not to his good graces is when they took certain action against me, when they saw that I don't roll over and play dead. So I just wanted to put it on the record, as per Jennings, that I met with him. Chair Russell: Thank you very much. There's been a motion; there's a second. Are there any amendments? Is there any further discussion on the dais? hearing none, all in -- Commissioner Carollo: Could we get a roll call on this? Chair Russell: Of course. And we've already opened for public comment on the RE (resolution) section, but for the PZ (Planning and Zoning) item, is there anyone here who would like to speak on the Ferris wheel exception? Commissioner Carollo: I think you mentioned that before and nobody -- Chair Russell: Well, it was on the other item. Commissioner Carollo: Okay. Chair Russell: I just want to make sure we follow all procedure. Hearing none, I'll close -- Renita Holmes: (UNINTELLIGIBLE). Chair Russell: Hello. Ms. Holmes: Hey, how you doing? Chair Russell: Madam Holmes. Ms. Holmes: Madam Holmes again, the Executive Director of Our Homes, Opportunities for United Restoration; just a quickie. Watched this thing from along time ago, when they planned to have this big, spiraling thing. I live on the other side; remembering Bayside was built by a lot of men and women. I slept on the floor many a night, trying to get overtime to get there. I wanted to work that job at the time to pay for law school and to pay for my small business, so I'm grateful for Bayside. But there's still a lack of occupying some of the local black and/or women - owned businesses. So when you talk about growth and expansion, I've got my priorities, too. When we talk about environment, I'm concerned about my rights to clean air and my rights to a great view, and what happens to the environment (UNINTELLIGIBLE) when so many people are treachering [sic] and tropping [sic] and so forth, and the (racking that will occur to get things done. I'm concerned about the expansion. But more so, (UNINTELLIGIBLE), I'm concerned about a covenant that was made between the community and small businesses in the area. And although we have scholarships, that air does not belong to Bayside alone; it belongs to all of us in downtown. That view, that promise, that covenant was made to us; not just between City government. So it's the negotiating -- also the negotiating of our right to know what the clean air effect is. Isn't there a right to know for every citizen on every project what the clean air issue would be? Isn't it our right to know what the environmental impact will be? And so, I'm just asking intelligent questions, because there are intelligent requirements that are being City of Miami Page 236 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 (UNINTELLIGIBLE), and I haven't heard any respective answers as of yet. But most of all and last of all, I thank you for having this discussion, but this is not the discussion that -- I heard about this down at the County, and you know, as a lobbyist and an advocate, I'm constantly attending one meeting. So what's the input on them when it comes to this? Because there was a covenant on some land, very, very close. How is this going to affect that land, and how is it going to affect the environment. I appreciate your thoroughness, but this is going to impact people in Overtown; not just on this side by Bayside, but those on the other side of that FDOT (Florida Department of Transportation) 836 and all that. So what are we starting here, and how are we going to assure that it's finished well? You've set some limits -- and I appreciate that, Commissioner Carollo -- and some oversight, but I don't -- want to make one thing clear. That air ain't just air for people on the east side of I-95; it's for us on the other side, Overtown. And that promise made for those as women, business owners that worked, built brick and mortar on Bayside has yet to be meet [sic]. Please be very thorough, be very limited, and keep the promises, because I'm sick and tired of men building fun things that women get naked pictures on top of, and then when we ask the intelligent questions, we can't get them; let alone, I can't afford the space over there. So tankyou very much. Chair Russell: Thank you, Madam Holmes. Can I get a roll call on PZ.13, please? Todd B. Hannon (City Clerk): Roll call on Item PZ.13: Commissioner Hardemon? Chair Russell: Microphone. Commissioner Hardemon: For. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: "No, "for the reasons that I stated before. But while I vote "no" on this, I want to make clear, I'm in favor a hundred percent of the wheel concept. What I'm not in favor of is for Bayside to profit so heavily when they haven't put a penny there, and we get such a small amount, and that we haven't even taken a real market study, like I demanded and we finally are getting on Melreese. Chair Russell: Thankyou very much. So that's -- continue, please. Mr. Hannon: Commissioner Gort? Vice Chair Gort: Let me make a little statement. The reason I'm for it, this -- we've been going through this for about a year and a half, and anything that -- any property that the City ofMiami rents out and that we can acquire a lot more funding, or we can get additional funding for the general funds, I'm in favor of it. And by the way, let me tell you something. I have not received any donation from Bayside Foundation; on the contrary, I have given to Bayside Foundation funds to do additional scholarship. For -- that for those reasons, I vote 'yes. " Mr. Hannon: Chair Russell? Chair Russell: Yes. Mr. Hannon: The motion passes, 3-1. Chair Russell: Thank you very much. Unidentified Speaker: Thankyou very much, Mr. Chairman and Commissioners. City of Miami Page 237 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: All right. Now we do have a time certain -- Ms. Mendez: Mr. Chairman -- Chair Russell: Yes. Ms. Mendez: -- I just wanted to make sure it's as amended, and with regard -- Mr. Hannon: Yes. Ms. Mendez: -- to the feet, I need to make sure that that's clear in the resolution. Thank you so much. Chair Russell: For the PZ item. Ms. Mendez: The feet that was stated --Yes; for the PZ item that was stated on the record by Francisco Garcia. Thankyou. Chair Russell: That was clear. Thank you very much. PZ.14 ORDINANCE First Reading 6339 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING Department of THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY "75-R," CHANGING THE ZONING CLASSIFICATION FROM URBAN CENTER — RESTRICTED TRANSECT ZONE, TO 76-8-0," URBAN CORE — OPEN TRANSECT ZONE, OF THE PROPERTY, LOCATED AT APPROXIMATELY 790 NORTHWEST 44 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT ATTACHED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioi SECONDER: Joe Carollo, Commissioner AYES: Russell. Gort. Carollo. Hardemon ABSENT: Reyes Chair Russell: Come on, Commissioner Gort; you're on a roll. What's next? b ice Chair Gort: 14. Chair Russell: PZ.14. This is a rezoning; 790 Northwest 44th Avenue. Is there a presentation or a motion on this item? Commissioner Carollo: Yeah, there's a presentation. Vice Chair Gort: Move it. Chair Russell: It's been -- City of Miami Page 238 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: (UNINTELLIGIBLE). Chair Russell: -- moved by Commissioner Gort. Is there a second? Commissioner Carollo: I'll only second it for discussion. I want to see the presentation. Chair Russell: All right. Seconded by Commissioner Carollo. IfI understand, we have a denial from both department and PZAB (Planning, Zoning and Appeals Board); is that correct, on this item? Francisco Garcia (Director, Planning): Sorry. That is correct, sir. Chair Russell: Can you set the table on this one, Mr. Director? Mr. Garcia: I'm happy to. What you will find in our recommendations and our analysis when we come before you is that at any point in time that there is a significant deviation or change in the zoning line, we will typically recommend -- or make a recommendation to you for the straightest possible version of that line. It is the case here that the property that is seeking the rezoning, if zoned, would generate an anomalous, sort of crenelated line. You've heard me use that term before. It simply means that there is a bleep on the line, if you will, and for that purpose, it can begin to have a disproportionate impact on the properties across the street or immediately behind it. That is so in the abstract. In this particular case, we happen to know that the use that is proposed for this site is rather benign and would result in positive development; however, it doesn't meet the criteria, strictly speaking, that we typically use. What we would ask this Commission to consider, if this particular rezoning request is granted, is to please request from us that -- or direct us even -- to please look at the area in general and see if other properties in similar situation would also be good candidates for rezoning. Benjamin Fernandez: Yeah Chair Russell: So that sounds like a soft "no. " What about the Planning, Zoning and Appeals Board? They don't usually -- Mr. Garcia: I believe they sided with us for the purpose of that recommendation. I would yield to the applicants in making their proposal. I believe, again, it's worthy of your consideration. Chair Russell: Thank you. Commissioner Gort T ice Chair Gort: If you recall, we had a lot of neighbors that came here in favor of this facility, and they spoke about the -- in need of having some kind of a supermarket within the area, because a lot of the people do their buying within walking distance, and we have -- a lot of our apartment buildings, they're right behind that zone, which is a lot of the elderly people that live there. So they were here earlier today also, and unfortunate, they had to go home. Mr. Fernandez: That's right. Commissioners, good evening. Ben Fernandez, 200 South Biscayne Boulevard, here tonight on behalf of the applicant. This is for a Sedano's Grocery Store. This is an area on 7th Street, West Flagami, that is really what could be characterized as a food desert. There are very few grocery stores within a five -mile radius of this property. We are coming back with an application for an exception that will show you, essentially, the details of the plan that you see before you in this rendering. We went before staff, as well as the Planning, Zoning and Appeals Board, and neither one of those boards could consider the covenant City of Miami Page 239 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 that we had proffered that says, essentially that if this small parcel, which is only a 7, 000-square foot component of the entire parcel, that if the rezoning were approved from T5 to T6-8 that the only use that would be allowed on this site would be surface parking to serve the grocery store. The only other use that could be permitted outside of surface parking would be the uses that are already permitted under T5-R. Staff does not discuss that. They recognize that the covenant was proffered, but they don't discuss it in their analysis. Their analysis is based solely on the fact that the potential rezoning to all of the array of uses and intensity that is allowed by T6-8 would be potentially incompatible with the neighborhood, but that is not what we're proposing. What we're proposing is strictly surface parking in order to make this a grocery store that would be on par with every other grocery store in the City of Miami that provides parking in excess of what the Miami 21 Code requires for parking today for grocery stores. The problem is that your current Code is simply unrealistic when it comes to restaurants and grocery stores. Three parking spaces per thousand just doesn't work for a major grocery store, and it doesn't work for a busy restaurant, and you've seen marry applications come before you. Commissioner Carollo: Did you say three parking spaces per a thousand square feet? Mr. Fernandez: That's right. Most grocery stores have far in excess of that, and they're still short of parking. For instance, the -- Commissioner Carollo: I agree. Mr. Fernandez: -- Publix on Coral Way and 27th, which is down the street from you, has many more parking spaces than that. The Publix on 57th Avenue and 7th Street also has many more parking spaces. In order for us to achieve that amount of parking on this site, we need to utilize this additional 7, 000-square foot lot. In addition to that, we're not here for a land use change. You'll notice that this is only a zoning change, and that's because the land use designation for this site is already restricted commercial. It already anticipates that this will be a T6-8-zoned parcel, because that is the zoning transect that is consistent with the restricted land use designation that it has. It's also across the street from an existing commercial parking garage. So what we're doing through this application is actually creating a greater buffer between the nearest residential and the future commercial supermarket. We think that this is going to bring tremendous service to this area. We had over 400 supporters, and this has been submitted for the record at the PZAB as a copy that we have here before you. We had zero objectors. We had one objector at the PZAB that really didn't understand the application. They never came back at the Commission. So I think that this is a good application. It's going to bring a great grocery store to this area that lacks grocery stores. As you know, the Blue Lagoon Lake area is going to see increased density as a result of recent applications that have been approved to intensify the number of units around those lakes. This is the grocery store that will provide service to all of those new units. Chair Russell: So the -- by pushing T6-8 further into the T5 creates a better buffer for the T5. Is that what you're saying? Mr. Fernandez: Yes. And if you can see, we're really not pushing it further in. It's -- it already is that far on the property immediately to the east. Chair Russell: I'm sorry; I'm confused. Mr. Director, there's a -- in the City of Miami -- CommissionerHardemon: Yeah. City of Miami Page 240 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: -- 'Analysis for Rezoning, " the very first diagram at the top doesn't seem to make sense to me. If you can -- You have it up? Under "A, " general information, it shows the current zoning and then it shows the proposed zoning. And on the picture on the left for current zoning, it shows the red square with T6-8 in it, and then for proposed zoning, it shows it browned out, as if it's going to T5. Is that an error in the documentation? Commissioner Hardemon: That's supposed to be flipped. It seems like Figure I should be actually Figure 2 -- Chair Russell: Looks like a down zoning. Commissioner Hardemon: -- and Figure 2 should be actually Figure 1. It's black and white, but it's clearly -- Vice Chair Gort: Just a little piece. Commissioner Hardemon: --probably (UNINTELLIGIBLE). Mr. Garcia: Right. And so, as I -- Chair Russell: Maybe it's a typo. Maybe (UNINTELLIGIBLE). Mr. Garcia: -- am looking at the graphics, the -- I am showing -- the existing shows the parcel to the north in brown, as appropriate for T5-R, and the proposed one in a lavender color as T6-8-0, in lavender. Mr. Fernandez: I think he's right, Francisco. I think it's reversed; Figure I and Figure 2. Mr. Garcia: Yes. Here, they are flipped. In mine, they are (UNINTELLIGIBLE). Yes. For the record, it seems like the graphic you have received is actually reversed. Commissioner Hardemon: Right. Mr. Garcia: Let me clarify that what you see -- what you should see in brown is T5-R; that is the existing zoning designation. What you see in lavender is T6-8-0, and that should be the proposed zoning designation. I regret that that was incorrectly captioned in your sheets. Vice Chair Gort: And you proffered a covenant. Right. Mr. Fernandez: Yeah. You can see -- If I can get the video from this PowerPoint up. But Commissioner Russell is exactly correct. And if you reverse those images, you'll notice that what we're proposing is entirely consistent with the zoning extent - - here, you see it on this image -- of the zoning that is existing to the east. It is already T6-8. Commissioner Carollo: How many square feet is the store that you're putting there? Mr. Fernandez: 38,000 square feet, approximately. And we also have, Commissioner, a transmission line, a large powered transmission line that I will show you. These are just -- right here in this -- Commissioner Carollo: What kind of food store is it going to be? City of Miami Page 241 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Mr. Fernandez: A Sedano's Grocery Store. Commissioner Carollo: A Sedano's, okay. Mr. Fernandez: But the transmission line prohibits us from doing structured parking. Commissioner Carollo: Yeah. Mr. Fernandez: This is not a small line. This is a major transmission line that we cannot underground, and so, we have to have surface parking. And the surface parking, in order to have sufficient surface parking, we're requesting the rezoning of this small lot. Commissioner Carollo: And how much parking will you acquire then once you do this, altogether? How many parking spaces? Mr. Fernandez: Altogether, we have about 95 spaces, and we add -- Commissioner Carollo: 95? Mr. Fernandez: -- we add about --14? -- 13 spaces by adding this lot. Commissioner Carollo: Yeah, but altogether? Mr. Fernandez: Altogether, about 95. And the thing is that this lot has -- Commissioner Carollo: But altogether, the full parking that you'll have? Mr. Fernandez: Yes, but it's for the grocery store, and it's also for the retail (UNINTELLIGIBLE). Vice Chair Gort: Got to get on the microphone. Chair Russell: Microphone, microphone. Commissioner Carollo: The retail is how many square feet? Mr. Fernandez: Thank you. This is the retail. The retail is 1, 400 square feet. So this is required by Miami 21. You can't just leave a corner exposed. So we have the corner parcel. We have the transmission lines that then separate the property from the rest, which is the Sedano's. Commissioner Carollo: Okay. So the full amount of parking spaces, altogether, that you're going to be having for the grocery store and the small retail will be how much again? Mr. Fernandez: 95. Commissioner Carollo: 95. Plus the 13? Mr. Fernandez: No. Commissioner Carollo: Or is that included? Mr. Fernandez: That's -- includes the 13. I Ice Chair Gort: Including the 13. City of Miami Page 242 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Well, then, you're going to have less than three per thousand square feet that is required. Mr. Fernandez: It's only -- the -- only counted for the sales area, so that's the gross number, but the parking is based on the area of use for the grocery and for the retail. So it's not based on the net area. Commissioner Carollo: All right. Well, the part for the public -- Mr. Fernandez: Mm-hmm. Commissioner Carollo: -- the actual grocery store just where the public moves around and picks up cans, milk, frozen goods -- Mr. Fernandez: Considerably less. Commissioner Carollo: -- how many square feet will that be? Mr. Fernandez: About 17, 000. Commissioner Carollo: 17,000. So that gives you about six per thousand -- Mr. Fernandez: Right. Commissioner Carollo: -- twice what they're asking, but I don't know. I think you still have a very low number. Our Code, I think, is obsolete. My concern will be just the opposite of what -- Mr. Fernandez: Well -- Commissioner Carollo: -- maybe someone else is showing. My concern will be that you're not going to have sufficient parking, and it's going to spill into the surrounding areas. Mr. Fernandez: Well, and the issue also is that many other similarly situated properties have on -street parking that they can rely on; this one doesn't. So it's that much more important for us to provide this amount of parking on site. Commissioner Carollo: Yeah. For instance, the Sedano's on 8th Street Mr. Fernandez: Mm-hmm. Commissioner Carollo: -- what's the size of that store and the size of the retail area? Do you know? Mr. Fernandez: That one is about 23, 000 square feet, gross, and it has 76 parking spaces. You see it right here on the image before you, with six on -street spaces additional. Commissioner Carollo: But -- Mr. Fernandez: So it's got about 82 spaces, and it is a considerably smaller store. Commissioner Carollo: The 23, 000, is it retail or the gross in the store? Mr. Fernandez: It's gross, right. Commissioner Carollo: Well, that proves my point that -- City of Miami Page 243 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Fernandez: Yeah. Commissioner Carollo: -- I think the problem that I see here is not enough space, parking spaces. Why are we only requiring three spaces instead of more in these projects? It doesn't make sense -- Mr. Garcia: The re -- Commissioner Carollo: --that only three spaces per thousand square feet of retail space. Mr. Garcia: So what I will submit to you, Commissioner, is that that is best planning practice these days. I would ask you to consider that it is most often the case in commercial establishments, and big -box commercial establishments are of a particular nature. Roughly 90, 95 percent of the time, the totality of the parking inventory is left unoccupied. So typically, you drive by a city and you see empty parking lots, seas of asphalt that is simply empty and barren. Ideally, the requirement would be to have them stack up and make more efficient land use, instead of simply having these surface parking lots, which are, in the end, not very sightly, but that is costly. And so, the fine balance between asking for too many parking spaces and asking that the amount of parking area be compressed is to establish a minimum that we think for most uses applies -- perhaps big boxes are not a good example -- and then, of course, allow the applicants, allow the developers to determine what the optimal number is based on their demand, and then provide those. t ice Chair Gort: Okay. Chair Russell: I -- Commissioner Carollo: What did you recommend to make your recommendations (UNINTELLIGIBLE) ? Mr. Garcia: Sothis is the first step. This is the rezoning request so that they can make that land eligible for parking, which, if they are successful, they might be able to then bring in as part of an application. And then as part of the application, we will have a meaningful conversation about what the right amount of parking is. Chair Russell: They've -- they recommended "no," because it juts up into the T5. What I can't yet understand is why PZAB voted 4 to 5 against. Was there neighborhood opposition that came at PZAB to push it in that direction? Mr. Garcia: Not so much that. As part of the analysis, what we also noted, and a concern that we had, is that much of the development in the immediate area is still residential, especially immediately to the north. And so, that was part of the concern that was expressed also that the residential -- nearby residential -- Chair Russell: It's pushing up into it. Mr. Garcia: -- residents might experience some kind of an impact. We are -- we're comfortable that they can implement this project. Again, the project is not before you today. We're comfortable that the project can be implemented and be a great benefit to the neighborhood generally, and they can contain any impact on site rather nicely. The site is large. That said, it was a concern that was expressed. Chair Russell: I'm sorry. You're saying you're comfortable that they can carry out the project under the current zoning without crenellating into the --? City of Miami Page 244 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Garcia: No. With the additional space, especially for parking, we are comfortable that it can be a successful project. Right? So -- but again, the project is not before you today. Vice Chair Gort: Residential -- Chair Russell: (UNINTELLIGIBLE) sets it up, though. Lice Chair Gort: -- area to the north is all the apartment buildings, three stories, four stories high. Chair Russell: Right. V ice Chair Gort: So it's not a single-family residential. It's multi family residential. Mr. Garcia: That's correct. Chair Russell: So, Commissioner -- Tice Chairman, you're strongly in favor of it? Lice Chair Gort: Yes. There's a great need in that area. Like I said -- I've stated before, we got a lot of the people that live in the area that were talking in favor of this. Chair Russell: My concern is I've got a Planning Director recommending "no"; PZAB, 4 to 5, recommending "no. " I've got errors in the backup documentation. And so, I have concerns. That's all. Victoria Mendez (City Attorney): And I just want to clarify. Is there a covenant that's being -- Vice Chair Gort: Yes. Ms. Mendez: -- proffered with this? Because it's not -- I don't think it's been submitted. Mr. Fernandez: It's referenced in the staff application. Ms. Mendez: I -- right, but I don't know that it's an attachment. Is it already an attachment? Yes? Mr. Fernandez: Yeah. Mr. Garcia: Yes. Mr. Fernandez: Of course. Commissioner Carollo: Is there any other areas that's not going to cost you an arm and a leg, like where those multi family buildings are, that you could possibly acquire for additional parking spaces? Mr. Fernandez: It would have to be offsite -- Commissioner Carollo: Yeah. Mr. Fernandez: -- in the area. City ofMiami Page 245 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: And I'm saying that because -- Look, I think Commissioner Gort is absolutely correct; you have a tremendous need for a grocery store there. You have just as much need for the jobs that that store is going to bring to the area, because the majority of the people that are going to be hired are going to be from the neighborhood. So you accomplish two things. Mr. Fernandez: That's right. Commissioner Carollo: You make it easier for people to shop in a grocery store that's, you know, not as expensive as a Publix -- Mr. Fernandez: Right. Commissioner Carollo: -- or even a Winn -Dixie; and two, you're creating jobs for the people in the area. My only concern is that -- and I see it in some of the grocery stores that I shop. I shop at your Sedano's on 8th Street. I shop in Presidente, on both of them; on 8th Street, the one on 19th, and the one at 5th Avenue, and sometimes it's a real mess to try to get in there, because of so marry people going there. And all of these stores that I mentioned are much smaller than the one that you're proposing. Mr. Fernandez: You're absolutely right. And there's on -street parking at many of those -- Commissioner Carollo: Yeah. Mr. Fernandez: --Coral Way and 27th Avenue has it. Commissioner Carollo: Well, I don't have problems with giving you what you want for your additional 13 spaces. My problem is it's not enough; that you need more. Chair Russell: Right. Mr. Fernandez: And I think the problem -- maybe, Commissioner Russell, your problem with the record emanates from the fact that the staff recommendation is for denial, because they're not considering the covenant; only you can consider the covenant in their staff analysis. The PZAB vote was 4 to 5. It was a very close vote, but they sided with staff, as many times they do when they receive a recommendation for denial. So it sort of sets the stage for a negative vote. And then, you know, the applicant has to come before you to explain the need for this. But I think it's obvious to anyone that shops at any store, even your more recent stores -- like the Publix on Biscayne Boulevard. You know, that's probably the most recent one that I can think of in the City of Miami -- they all have struggles with parking. If you apply the Miami 21 standard to any of these stores, you're going to have all the neighbors from the surrounding area coming here and complaining all the time. Chair Russell: All right. There's a motion. There's a second. Is there any further discussion or questions? Commissioner Carollo: Who made the second? Chair Russell: You did. Vice Chair Gort: You did. Commissioner Carollo: I did? City of Miami Page 246 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: For discussion. Commissioner Carollo: Oh, that's right. I thought you had. Chair Russell: No, I didn't. Commissioner Carollo: (UNINTELLIGIBLE). Call the question. Chair Russell: All right. Commissioner Gort, this is your going -away present to the neighborhood, a new grocery store. Commissioner Carollo: Well, it's a good going -away present, because he's given that neighborhood something they badly need, and he's given them more jobs. By the way, how many jobs will this create? Mr. Fernandez: We're creating -- Commissioner Carollo: Permanent and part time. Mr. Fernandez: -- 95 to 100 jobs. Commissioner Carollo: Well, that's significant. Vice Chair Gort: Yeah. Commissioner Carollo: That's -- Vice Chair Gort: It's an economic impact in the area. Commissioner Carollo: Yeah. Vice Chair Gort: Thank you. Chair Russell: Thank you. Arty further questions? All in favor, say "aye." Mr. Fernandez: Mr. Chair? Chair Russell: Sorry; you need to read it. Mr. Fernandez: It needs to be read into the record. Chair Russell: Thank you. L ice Chair Gort: (UNINTELLIGIBLE) read it. Chair Russell: Getting sleepy. Daniel Goldberg (Assistant City Attorney): My apologies. Chair Russell: Go ahead; read it into the record, please. The Ordinance was read by title into the public record by Assistant City Attorney Daniel Goldberg. Chair Russell: All in favor of the item, say "aye. " The Commission (Collectively): Aye. City of Miami Page 247 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Any opposed? 11otion passes. llr. Fernandez: Thank you. PZ.15 ORDINANCE First Reading 6337 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL" OF THE ACREAGE DESCRIBED HEREIN FOR THE PROPERTY LOCATED AT APPROXIMATELY 1040 SOUTHWEST 29 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Note for the Record. For additional minutes referencing Item PZ.15, please see "Public Comment Period for Planning and Zoning Item(s). " Chair Russell: Commissioner Gort, von wanted to take lip the Smathers item first? Tice Chair Gort: Fes. Chair Russell: Is it a brief item? Tice Chair Gort: I think- they've been waiting for a long time; thev're senior citizens. Chair Russell: Everybody has, but -- Tice Chair Gort: I know everybody has. Chair Russell: And I kilow Commissioner Reves was -- this one was important to him, so let's justknock: this one ont, and then we can take the -- Commissioner Carollo: Gentlemen -- Chair Rnssell: -- gnasi judicial item up very carefzdly. Commissioner Carollo: -- since we do not have 1=lelreese on the agenda, do von think- that ire can finish by -- the last item at 10 o'clock:? Chair Russell: I bet we can. City of-lliami Page 24S Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 Vice Chair Gort: We hope so. Chair Russell: Let's get rolling. All right, so for Smathers, is there a presentation, or is there a motion? bictoria Mendez (City Attorney): Which -- can you tell me the PZ (Planning and Zoning) really quick? I'm sorry. Chair Russell: This is -- I'm sorry. Francisco Garcia (Director, Planning): PZs.15 and 16. Chair Russell: PZ.15 and 16. Lice Chair Gort: 16. Chair Russell: To start with, is there a motion on the item? Is anyone --? Lice Chair Gort: Move it. My understanding, the Commissioner assistant made a statement that they would like to have it approved. Chair Russell: Thank you. It's been moved. Is there a second? Commissioner Carollo: This Item 15? Chair Russell: 15 and 16. Commissioner Carollo: Okay. Chair Russell: You can go ahead and present. Commissioner Carollo: I'll second it. Chair Russell: Seconded by Commissioner Carollo. Commissioner Carollo: Do they have to be voted upon separately? Chair Russell: No. Commissioner Carollo: Okay. Todd B. Hannon (City Clerk): The titles will just need to be read into the record, both titles, before a vote is taken. One vote is taken on both items. Chair Russell: All right. Is there any presentation from the Administration on this item? Mr. Garcia: Simply to state for the record that we've vetted the item, and we have recommended approval, as did the Planning, Zoning and Appeals Board. Chair Russell: Thank you very much. You have a statement at all? Javier Avino: We will yield and answer any -- available to answer any questions. Javier Avino, with Bilzen Sumberg, for the record. Chair Russell: Are there any comments or questions from the board? City of Miami Page 249 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Question. Chair Russell: Yes, sir. Commissioner Carollo: How marry units are we talking about here? Mr. Avino: The proposal is to add 139 units. They are all elderly affordable units. Commissioner Carollo: Every one of them? Mr. Avino: Yes. Commissioner Carollo: Okay. Chair Russell: Are there floor amendments that need to be made on this item? All right. Mr. Avino: There is a proffered covenant that has already been proffered. Chair Russell: Because I -- yes, because I -- my understanding from my briefing was there are some changes from the last time this was discussed -- Mr. Avino: No. Chair Russell: --through Commissioner Reyes. No? Ms. Mendez: This is -- Chair Russell: Okay. Ms. Mendez: --first reading, though. Mr. Avino: Correct, this is first reading. Chair Russell: Yeah. Mr. Avino: So if there's anything, we can address it at second. Chair Russell: Got it. And the covenant has been proffered? Mr. Avino: Yes. Chair Russell: Can you explain it? Mr. Avino: The covenant is to provide a buffer. This property abuts -- a portion of it abuts T3, so there is a 50 foot buffer that is being provided to make sure that we're providing sufficient space. Chair Russell: Got it. Thank you very much. Is there any further questions or comments from the dais? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Nicole N. Ewan (Assistant City Clerk): Chair, the title. City of Miami Page 250 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Thank von. -l-Iadcm City Attorney. The Ordinances were read by title into the public record by the City Attorney. Chair Russell: Thank von. All in favor, say "ave. " The Commission (Collectivelv): Ave. Chair Russell: Anv opposed? 1=1otion passes on first reading. -1Ir. Avino: Thank von. Chair Russell: Thank -Yon very ninth for vozn- patience. PZA6 ORDINANCE First Reading 6338 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1040 SOUTHWEST 29 COURT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM 75-R," URBAN CENTER TRANSECT ZONE — RESTRICTED, TO 76-8-R," URBAN CORE TRANSECT ZONE - RESTRICTED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Note for the Record: For minutes referencing Item PZ.16, please see 'Public Comment Period for Planning and Zoning Item(s) "and Item PZ.1 5. City of-llianii Page 251 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 PZA7 ORDINANCE First Reading 6340 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3640 BIRD AVENUE, 3601 BIRD ROAD, AND 3555 SOUTHWEST 29 TERRACE; AND BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 2990 SOUTHWEST 36 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Chair Russell: Commissioner Gort -- ConnnissionerHardemon: All right. Chair Russell: -- before we -- that's an S,4P (,Special Area Plan) item -- could we take up 17 and 18 veiv picklv;" That's a rather innocuous zoning issue in nuy district; PZ.17 and 18. Tice Chair Gort: TThat is it;" Chair Russell: Its the T'olvoDealership. Tice Chair Gort: The who? Chair Russell: T'ol -- the T'olkswagen Dealership on Bird Road. Unidentified ,Speaker: Deel Realty. Gilberto Pastorizo: Yeah. Tice Chair Gort: But (E IN-TELLIGIBLE) -- I want to woke sure we hear urine's [sic] before -- Chair Russell: Absolutely. Tice Chair Gort: -- 7 o'clock:. That's (V IN-TELLIGIBLE). Chair Russell: (V IN%TELLIGIBLE), we got good time. This is a -- rather quickly. City of-lliami Page 252 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 Vice Chair Gort: On you. Chair Russell: 12. Victoria Mendez (City Attorney): Chairman, 17 and 18? Chair Russell: Yes. Ms. Mendez: Yes? Can I read the titles? Start reading, anyway. Chair Russell: So we're going to take 17 and 18, then we'll take Number 6, and then we'll take PZ.12. Hello. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.18. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. That's both 17 and 18? That was both. Madam City Attorney -- Unidentified Speaker: That was both. Chair Russell: -- that was both 17 and 18? All right. We're shy one sheet for quorum. Commissioner Hardemon's on the wing. Good evening. Mr. Pastoriza: Good evening. Chair Russell: You're the applicant. Mr. Pastoriza: Hi. Gilberto Pastoriza, on behalf of -- with my partner, Alex Uribe, on behalf of Deel Realty. Listen, we have positive recommendations from staff and Planning and Zoning Board. And I believe that everybody's very familiar with the application, and we seek your approval. Chair Russell: Thank you very much. Mr. Director, do we have any letters of opposition from neighbors with regard to this application? I haven't seen anything on my side. Francisco Garcia (Director, Planning): No, sir, none on the record. Chair Russell: And I -- I ice Chair Gort: Move it. Chair Russell: -- have met with the applicant and their attorney. It's been moved by Commissioner Gort; seconded by the Chair. This is first reading, correct? Mr. Pastoriza: Yes, Chair. Unidentified Speaker: That's correct. Chair Russell: And I do understand you're working on a jobs program for local applicants; that may be something you could proffer on -- Mr. Pastoriza: That's correct. City of Miami Page 253 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: --second reading. Thank you very much. We have Commissioner Hardemon on the dais. All right. Is there any further comment, question from the dais? Hearing none, all in favor, say "aye " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on first reading. Mr. Pastoriza: Thank you. Todd B. Hannon (City Clerk): For the record, that's 3-0, with Commissioner Hardemon -- Chair Russell: Correct. Mr. Hannon: -- in favor. Chair Russell: That is correct. Later Mr. Hannon: And briefly, Chair, I just wanted to clarify for the record; for PZ.17 and 18, that was 4-0, with Commissioner Carollo voting in favor. Chair Russell: You did. Mr. Hannon: He was off to the side on the dais. Commissioner Carollo: Yeah. Mr. Hannon: Yes. So only Commissioner Reyes was absent. City of Miami Page 254 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 PZ.18 ORDINANCE First Reading 6341 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "D1," WORK PLACE TRANSECT ZONE, TO '75-0," URBAN CENTER — OPEN TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3601 BIRD ROAD, 3640 BIRD AVENUE, AND 3555 SOUTHWEST 29 TERRACE; AND BY CHANGING THE ZONING CLASSIFICATION FROM "74-1-," GENERAL URBAN — LIMITED TRANSECT ZONE, TO '75-0," URBAN CENTER — OPEN TRANSECT ZONE, FOR THE PROPERTY LOCATED AT 2990 SOUTHWEST 36 COURT, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort. Carollo. Hardemon ABSENT: Reyes Note for the Record: For minutes referencing Item PZ.I8, please see Item PZ.I7. PZ.19 RESOLUTION 6486 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY Planning OSCAR RODRIGUEZ AND ALBERT A. RINCON OF AN EXCEPTION AND A WARRANT PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTIONS 7.1.2.4 AND 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A PRIVATE SCHOOL FOR A MAXIMUM OF ONE HUNDRED FIFTY NINE (159) STUDENTS ON A SITE LOCATED WITHIN A "74-R," GENERAL URBAN CORE TRANSECT ZONE, AND "75-0," URBAN CENTER TRANSECT ZONE, LOCATED AT APPROXIMATELY 3030 SOUTHWEST 22 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Comrr SECONDER: Manolo Reyes, Commissioi AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. For minutes referencing Item PZ.I9, please see "Order of the Dad," and "PZ Order of the Day. " City Page 25 Painted on 110 2020 City Commission Meeting Minutes October 24, 2019 PZ.20 RESOLUTION 6529 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING, WITH CONDITIONS, THE Planning CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FOR PUBLIC USE OF A PORTION OF A RIGHT-OF-WAY, GENERALLY LOCATED ON THE SOUTHERN PORTION OF THE PROPERTY AT 1095 NORTHEAST 83RD STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND AS LISTED IN SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0431 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Chair Russell: Commissioner Hardemon. Commissioner Hardemon: There's a young man here by the name ofMr. Savage; is he still present? Paul Savage: Yes. Commissioner Hardemon: Paul Savage? Mr. Savage: Yes, sir. Commissioner Hardemon: How you're doing, sir? Chair Russell: He's looking for 19, I believe. Mr. Savage: I'm (UNINTELLIGIBLE). Commissioner Hardemon: Right. Chair Russell: Number 20. Commissioner Hardemon: 20, right? Great presentation. I move to approve. Chair Russell: PZ.20 has a motion to approve. Is there a second? Commissioner Carollo: What is this all about? Chair Russell: It's a street closure in Hardemon's district. Todd B. Hannon (City Clerk): I'm sorry, Chair. Who made the motion? City of Miami Page 256 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Hardemon: I did. Chair Russell: Commissioner Hardemon did Vice Chair Gort: Second. Chair Russell: Seconded by the Chairman. Commissioner Carollo: Can I see -- Commissioner Hardemon: It's kind of not really a street closure. Commissioner Carollo: -- a picture of what -- Commissioner Hardemon: It's like an abandonment of -- Chair Russell: A vacation? Commissioner Hardemon: Yeah. Commissioner Carollo: -- we're going to be closing? Chair Russell: It's a vacation of a street. Let's all take a vacation. Commissioner Hardemon: I thought about putting a --making that little part of it a public park, but I didn't think it was enough space. Chair Russell: All right. Commissioner Hardemon: No? Chair Russell: Seconded by the Chairman. Commissioner Carollo: How marry square feet are we talking about here? Chair Russell: Here we go. Paul Savage: It's approximately 2,600 square feet, but I think the main fact, just to get to the point -- we're way out of time -- is that this -- we're basically correcting an accident of history. It's a cul-de-sac, cutting through a front yard, and we can find no evidence that it ever existed in reality. There's really nothing changing in the real world. It's a 90-degree street. There's no change in the vehicular traffic. There's no change in the pedestrian flow. All of the factors in Chapter 55 are satisfied. The PZAB (Planning, Zoning & Appeals Board) voted 8-0 in favor, and there's a favorable staff recommendation. It's basically a -- some sort of an accident in history on -- in the old plat; that there was a cul-de-sac that was never constructed. Commissioner Carollo: Well, let's find out a little bit more about this accident of history. What kind of a structure do you have here on this lot? Mr. Savage: The lot is currently unimproved. Commissioner Carollo: What is it zoned? Francisco Garcia (Director, Planning): T3-R. City of Miami Page 257 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Vice Chair Gort: TR-3 [sic]. Commissioner Carollo: Huh? Mr. Garcia: T3-R. Chair Russell: T3-R. Mr. Garcia: Single-family residential. Commissioner Carollo: Huh? Mr. Garcia: Single-family residential. Commissioner Carollo: Single-family residential, okay. So did you own that or --? Mr. Savage: Yes, sir. I'm here on behalf of the owner. Commissioner Carollo: No, no, I didn't mean that. I was wondering if you were the owner, but you've answered the question. Mr. Savage: No. Okay. So just to clear up the record, my name is Paul Savage, with law offices at 2555 Ponce de Leon Boulevard, Coral Gables, Florida. I'm here representing the applicant on PZ.20, Sunshine Land Development, LLC (Limited Liability Company), concerning property at 1095 Northeast 83rd Street. Commissioner Carollo: Now, Mr. Planning Director, can -- is this property prime in the future to maybe come back here for a zoning change and we make it multifamily, or anything like that, or is that farfetched? Mr. Garcia: I would characterize it as very farfetched. Commissioner Carollo: Okay. Mr. Garcia: It is a single-family residential lot in the midst of a very well - established single-family residential area. Commissioner Carollo: All right. All right. That answers -- Chair Russell: There's a motion. There's a second. Chair Russell: Is there arty further discussion? Commissioner Carollo: -- one of my concerns. But 2,679 square feet is worth something that they're getting. So I propose that, if you want to -- no one's making you --you volunteer a contribution that when Commissioner Hardemon retires next year, you pay for the plaque that he's going to get. Commissioner Hardemon: $1. Chair Russell: All right. We have a motion. We have a second. Is there any further discussion? Commissioner Carollo: None. Chair Russell: All in favor, say "aye. " City of Miami Page 258 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 The Commission (Collectively): Ave. Chair Russell: Any opposed'? Do von need to read anvthing into the record? ConunissionerHardemon: A_o. Its is a resolution. Chair Russell: Thank von veiv much. .1lotion passes on PZ.20. PZ.21 ORDINANCE First Reading 6530 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING "76-24-A-O," CLASSIFICATION FROM URBAN CORE TRANSECT- OPEN, TO 76-24-13-0," URBAN CORE -OPEN TRANSECT ZONE, FOR APPROXIMATELY 35.7 ACRES GENERALLY LOCATED AT 15, 23, 27, 35, 41, AND 79 NORTHEAST 17 TERRACE; 1300, 1301, 1317, 1306, 1330, 1334, 1348, 1350, 1353, 1367, 1368, 1401, 1501, 1511, 1527, 1635, 1729, 1765, 1755, AND 1749 NORTH MIAMI AVENUE; 31, 38, 42, 48, 52, 64,108, AND 128 NORTHEAST 17 STREET; 1301, 1304, 1312, 1315, 1326, 1334, 1344, 1350, 1415, 1421, 1425, 1433, 1442, 1445, 1502, 1512, 1518, 1524, 1529, 1536, 1540, 1552, 1635, 1650, 1643, 1748, AND 1749 NORTHEAST MIAMI COURT; 21, 45, AND 140 NORTHEAST 16 STREET; 1304, 1310, 1311, 1325, 1326, 1361, 1400, 1422, 1442, 1452, 1502, 1512, 1516, 1532, 1542, 1598, 1600, AND 1629 NORTHEAST 1 AVENUE; 1302, 1324, 1370, 1600, 1622, 1644, AND 1652 NORTHEAST 2 AVENUE; 1410, 1420, 1424, 1425, 1432, 1433, 1441, 1442, 1452, 1515, 1525, 1531, 1537, 1545, 1550, 1553, 1602, 1610, 1616, 1624, 1632, AND 1642 NORTHEAST MIAMI PLACE; 18, 50, 75, AND 84 NORTHEAST 15 STREET; 30, 47, 55, 65, 73, AND 124 NORTHEAST 14 STREET; 14, 18, AND 59 NORTHWEST 14 STREET; 17 AND 33 NORTHWEST 13 STREET; 1311, 1331, 1341, 1351, AND 1361 NORTHWEST MIAMI COURT; 1305, 1315, 1330, 1346, 1367, 1610, AND 1655 NORTHEAST 1 COURT; AND 125 NORTHEAST 13 STREET, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item PZ.21)vas continued to the November 21, 2019, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item PZ.21, please see "Order of the Day" and "PZ Order of the Day. " City of_lliami Page 259 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 PZ.22 ORDINANCE First Reading 6531 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL- SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES' TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item PZ.22 was continued to the November 21, 2019, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.22, please see "PZ Order of the Day" and "Public Comment Period for Planning and Zoning Item(s). " PZ.23 ORDINANCE First Reading 6532 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT °A", FROM "Cl", CIVIC INSTITUTION TRANSECT ZONE, TO "76-3613-0", URBAN CORE TRANSECT ZONE — OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item PZ.23 was continued to the November 21, 2019, Planning and Zoning Commission Meeting. Cztj,- of-llzamz Page 260 Panted on 1 102020 City Commission Meeting Minutes October 24, 2019 Note for the Record: For minutes referencing Item PZ.23, please see "PZ Order of the Day" and "Public Comment Period for Planning and Zoning Item(s). " PZ.24 ORDINANCE First Reading 6546 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Commissioners OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY and Mayor- PZ AMENDING ARTICLE 7, SECTION 7.1.7.6., TITLED "COVENANT IN LIEU OF UNITY OF TITLE," TO PROVIDE FOR THE ACCEPTANCE OF COVENANTS IN LIEU OF UNITY OF TITLE FOR PROPERTIES IN A 73-0," SUB -URBAN TRANSECT ZONE — OPEN, IN ORDER TO ALLOW FOR INDIVIDUAL OWNERSHIP OF UNITS ON LOTS IN SAID TRANSECT ZONE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissic SECONDER: Ken Russell, Commissioner AYES: Russell, Gort. Carollo. Hardemon ABSENT: Reyes Chair Russell: All right. Commissioner Gort, this is your show today. PZ. 24, text amendment; covenant in lieu of Unity of Title. This is to fix the T3-0 situation; am I correct? Commissioner Carollo: 24? Chair Russell: Yes. Francisco Garcia (Director, Planning): That is correct, sir. Chair Russell: This is where duplex properties have separate ownership. Is there a motion? Commissioner Carollo: Whoa. Sep -- what is this all about? Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: It's been moved by Commissioner Gort; seconded by the Chairman. Commissioner Carollo: For discussion. Who's representing this? Chair Russell: This is the -- this is Commissioner Gort's item. Commissioner Carollo: Right, right, but I was just wondering who's representing this. Chair Russell: The Administration, I assume. Commissioner Carollo: Okay. Well -- Mr. Garcia: We are the applicant; sorry. It's an amendment to the Zoning Ordinance, and it does one thing only, but a very important thing, we feel, which is City of Miami Page 261 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 to allow for T3-O-zoned properties, duplex zoned properties in order for the property owners to own each side of the property, each half of the property in fee simple through a covenant in lieu of Unity of Title. Presently, that's not an option. And what it creates very often is a situation where in a duplex site, the owners own the unit, but the perimeter yard is a common element, and there are many tensions that are created by that that we would like to avoid. This takes care of that. Chair Russell: (UNINTELLIGIBLE) seen it. Commissioner Carollo: And so, this would be citywide then (UNINTELLIGIBLE)? Mr. Garcia: Absolutely. Citywide, yes. Commissioner Carollo: Do we have a lot of situations like this (UNINTELLIGIBLE) ? Mr. Garcia: It happens frequently, sir, yes. Commissioner Carollo: Really? Chair Russell: What you'll get is a duplex owner suing the other duplex owner over their hedge or the flowers they use, or whatever, and this will separate their ownership so they can deal with their own yards. Commissioner Carollo: Then I think we need to make this the "Willy Gort PZ.24 Item, " so that future owners know why there was peace and tranquility. Chair Russell: The "Willy Gort Amendment. " Commissioner Carollo: (UNINTELLIGIBLE) lives. Chair Russell: All right. Commissioner Hardemon: But I'm confused, though. Right now the duplex is owned by one person, correct? One person owns both sides. Mr. Garcia: Or three condominium. Commissioner Hardemon: Right. Mr. Garcia: Each unit can be owned separately, and then the perimeter yard is a common element. Commissioner Hardemon: No, no. Okay. Help me understand this. Right now today, if I own a duplex or a triplex, can I sell -- in a duplex, for instance, can I sell the interest in one of those -- Mr. Garcia: Yep. Commissioner Hardemon: --part--places? Mr. Garcia: Yes. Yes, sir, as a condominium unit. Victoria Mendez (City Attorney): Right now it's an illegal subdivision. If you do something like that -- if you have a lot that's 7,500 square feet, and you draw an imaginary line down the middle, and you deed out, you know, the westerly half and City of Miami Page 262 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 the easterly half, it's an illegal subdivision. What you would have to do is do something along these lines, which is -- Commissioner Hardemon: The covenant -- Ms. Mendez: -- have them as a -- create a covenant in lieu of Unity of Title so it -- Commissioner Hardemon: What I'm trying to understand -- Ms. Mendez: -- could be one plot and one parcel for purposes of zoning and for purposes of folio numbers, and the fact that you're not going to create a lesser lot, because the smallest lot size is, arguably -- Mr. Garcia: 5, 000 square feet. Ms. Mendez: Right. So this allows for you not to have to condominiumize [sic], because the way that now it's legitimately done is that you have one parcel of land, a condominium, a shell condominium that owns all the common areas, and then each one -- each portion of the townhome or the condo is owned in fee; separately, I mean. Commissioner Hardemon: So -- Ms. Mendez: Butyou have to have a condominium association, because you cannot Commissioner Hardemon: Right. So we create a condominium association that the two private owners contribute to. Ms. Mendez: Are part of it, right Commissioner Hardemon: So you're going to eliminate that and have where you can actually condominium -- Ms. Mendez: You'll do covenant in lieu of Unity of Title instead. So it'll be one parcel plot of land. For zoning purposes, you still need each other at the end of the day, but you can have two owners in that one covenant in lieu of Unity of Title. Commissioner Hardemon: And you're saying that they already do that now, but they just do it through the condominium route, two owners, so I could be -- I could have a duplex with two owners. Ms. Mendez: Yes Commissioner Hardemon: We're in one duplex. He owns one part; I own another part. Ms. Mendez: Yes. Commissioner Hardemon: That happens. Chair Russell: The common areas are where the disputes happen, even in -- Ms. Mendez: Right. Chair Russell: --the condominium version. City of Miami Page 263 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Ms. Mendez: Or you have the illegal -- there are a few illegal subdivisions in the City of Miami. When we do find those, we Code enforce them, because they're illegal. Commissioner Hardemon: Okay. Chair Russell: All right. Commissioner Carollo: This is going to make a new condominium industry in Miami, where you're going to have a lot of people wanting to do condos or duplex, or even those -- we don't have as many -- triplex; most will be duplex. So -- Commissioner Hardemon: And that's --go ahead. Commissioner Carollo: -- this could --you don't do real estate, do you? Commissioner Hardemon: No. Commissioner Carollo: Okay. Now you7l be conflicted out of this one. But this is going to be big, I think. I think it's going to be good for people to be able to have their own condo and, you know, maybe get another relative, or live in one part of it as your own condominium and sell the other part. I think you're going to see this take off. Commissioner Hardemon: And that's -- Chair Russell: Thank you. Commissioner Hardemon: -- what I'm wondering. I'm like, is this a good thing for that? Commissioner Carollo: Well -- Commissioner Hardemon: I get it in the sense of the multi -- Commissioner Carollo: Yeah. Commissioner Hardemon: -- family buildings, the larger buildings, but for the smaller spaces, the -- you know, the duplex, is that necessarily a good thing, you know? That was my mindset. Chair Russell: Thankyou. Please read the title. Commissioner Carollo: It's, you know, something that we need to think about. This is first reading on it? Chair Russell: It is. Ms. Mendez: It's first reading. Commissioner Carollo: Yeah, but I -- you know, I think it's going to be popular. Chair Russell: The Gort Amendment, please read the title. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: All in favor, say "aye. " City of Miami Page 264 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 The Commission (Collectively): Ave. Chair Russell: Any opposed? 11otion passes. PZ.25 ORDINANCE First Reading 6595 MAY BE DEFERRED Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING and Mayor- PZ ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA ("MCNP"), BY MODIFYING THE PARKS, RECREATION, AND OPEN SPACE ELEMENT OF THE MCNP TO PROVIDE REQUIREMENTS FOR REPLACEMENT OF CONVERTED PARK LAND; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item PZ.25 was continued to the November 21, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.25, please see "Order of the Day" and "PZ Order of the Day. " I;IkiImZ9]a»_1kiIkiIIki Lou kiIotke7kiIIki Cell kI;ILTA w City of-lliami Page 265 Printed on 1 102020 City Commission Meeting Minutes October 24, 2019 NA - NON -AGENDA ITEM(S) NAA DISCUSSION ITEM 6718 VICE CHAIR WIFREDO "WILLY" GORT THANKED THE MAYOR, City Commission CITY COMMISSION AND ADMINISTRATION FOR THE SPECIAL PRESENTATION AND VIDEO RECOGNIZING HIS ACCOMPLISHMENTS AND YEARS OF SERVICE AS AN ELECTED OFFICIAL. FURTHERMORE, HE THANKED FAMILY, FRIENDS AND ALL THOSE WHO WERE IN ATTENDANCE FOR HIS SPECIAL TRIBUTE. RESULT: DISCUSSED Vice Chair Gort: Mr. Chairman. Chair Russell: And so, those are our time certain items. Commissioner Gort. b ice Chair Gort: First of all, I want to thank all of you for the surprise you gave me today, and I apologize; we're a little late because of that, so my apologies to the public that had to wait about a half an hour. But thank you for the whole thing. It was a big surprise. Thankyou very much. Chair Russell: You're very, very welcome and it's very well deserved, b ice Chairman -- or my forever Chairman. NA.2 DISCUSSION ITEM 6725 DISCUSSION BY THE CITY COMMISSION REGARDING TRANSIT City Commission ALLIANCE'S BETTER BUS PROJECT DRAFT RESOLUTION. RESULT: DISCUSSED Chair Russell: Commissioner Gort, if you'd like to make a motion on your non - agenda item, I'd be glad to second that, with the transit issue. t ice Chair Gort: Yes. I would move it -- Chair Russell: Moved and -- t ice Chair Gort: -- the reason being that we need to be part of it. It doesn't mean this is going to be the final document, but at least we'll have an input. And I really analyzed them both. One --and I think the one that creates the ridership is the most importantfor the City ofMiami. Chair Russell: Thank you. And I'll -- Commissioner Reyes: Which has -- Chair Russell: Ridership model. There's two models that Transit Alliance has offered for us to -- Commissioner Reyes: Okay. City of Miami Page 266 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: -- look at and consider. Commissioner Reyes: But -- well, you are making a motion, and it is about this -- what this group -- Chair Russell: Transit Alliance. Commissioner Reyes: -- Transit Alliance, it is proposing? Chair Russell: Yes. L ice Chair Gort: It's the analysis they did. Commissioner Reyes: That's right. But I want to know one thing, and I want to know it for sure. Those -- by adopting that resolution, does this holds us -- I mean, bound us from doing anything else that they said? We -- Chair Russell: No. Commissioner Reyes: Do we have to follow their instruction or anything? Chair Russell: No. Commissioner Reyes: Because if that's the case, I had my disagreements with what they are suggesting, so I'm -- Chair Russell: And very much agreed, Commissioner Reyes. I think what we need to do with this is it directs our Manager to start working together with them, and without this resolution, our Management's hands are tied to be at the table. And there is a time urgency to it, as well. Commissioner Reyes: There is an emergency for this? Chair Russell: I wouldn't -- it is an urgency with regard to our transit crisis, and the entire sys -- Commissioner Reyes: This is not going to solve our transit crisis. Chair Russell: It won't solve it, but without us being at the table -- Commissioner Reyes: Okay. Chair Russell: -- we are the major operator of public transit, especially free public transit -- Commissioner Reyes: But the only thing that I want to know is, I don't want to be bound -- Chair Russell: Correct. Commissioner Reyes: -- by -- I mean to this group, in any shape or form, whatever suggestions they make. We make the final decision. Chair Russell: We are an --autonomous (UNINTELLIGIBLE). Commissioner Reyes: Autonomous, and just they -- what they are presenting is just a suggestion -- City of Miami Page 267 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Correct. Commissioner Reyes: --it's not a rule. Chair Russell: Correct. And I've spoken to some County officials, as well, that see that -- it'll probably be a hybrid model between the two -- Commissioner Reyes: Sure. Chair Russell: -- where necessary -- we concentrate on ridership, and where necessary, we concentrate on (UNINTELLIGIBLE). Commissioner Reyes: Absolutely, absolutely. Chair Russell: But I do support Commissioner Gort in the ridership concept, so I'll second his motion. Yes. Nzerie Ihekwaba (Chief of Operations): Good morning, Mr. Chair and the Commission. Zerry Ihekwaba, Assistant City Manager. I just want to place on the record that what has been presented to you is for you to support what they call the ridership concept. The Administration has seen the preliminary report of the study. The study focus on two concepts, (UNINTELLIGIBLE) coverage; our ridership. You have been asked to support only the ridership concept, and that ridership concept requires a recommendation to eliminate the free trolley service to Flagami Commissioner Reyes: That's right. Mr. Ihekwaba: -- Liberty City, and parts of Little Haiti. So I caution you to either vote to delete that section of the recommendation, and have the Administration work with them to start de novo, and look at the entire concept; both concepts. Commissioner Reyes: That was -- Chair Russell: Just a moment. Commissioner Reyes: Through the Chair, through the Chair. That was -- Chair Russell: Just a moment; Tice Chairman and then Commissioner Reyes. Commissioner Reyes: Okay. T ice Chair Gort: We can ask for -- make an amendment to see both; I don't have any problem with that. But I want somebody to sit down with them and they -- most important. As you negotiate -- and I'm not going to be here, but you got to consult with the Commissioners. You got to make sure you consult with the Commissioners and we'll let you go to the County, and come back here, because we seen what happened with the trolleys. And let me tell you, I'm not an expert. I got a major in transportation, and one of the problems that we have, we selected our routes according to that professional study or analysis, just -- so I think we need to -- the County needs to take over. I mean, the County's responsibility is transportation, and if we, a city, can help with the trolley, we should do so -- Commissioner Reyes: Absolutely. But-- T ice Chair Gort: --and better for the City. I don't have any problem with that. City of Miami Page 268 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Commissioner Reyes. Commissioner Reyes: --absolutely. But my disagreement with them was that they just came and said, "Oh, we have to eliminate it, because it cost too much. " And I tried, by all means, tried to change -- maybe we can change the route, because the service that we are providing to our -- particularly in my district -- to elders that need (UNINTELLIGIBLE) come and they take the kids -- grandfathers that take the kids to different schools that are close to trolley stops. I don't think that nobody can come and tell us what to do. And if this bounds us to their recommendations, I will totally be opposed. Chair Russell: Understood. Commissioner Reyes: It has to be bounded -- I mean, if -- we will accept the recommendation, but the final decision is us. We are not bound to do what they say, because I don't want the trolleys in Liberty City or in Little Havana, or in -- Chair Russell: To disappear. Mr.Ihekwaba: Flagami. Commissioner Reyes: -- Flagami be done away with, because we have some experts that comes in. That doesn't work We owe it to our residents, also. Chair Russell: Thank you. Tice Chairman. t ice Chair Gort: I'll accept the amendment; friendly amendment to have both cases be suggested, but at the same time, before any decisions being made, they got to come to us and we got to agree to that. Chair Russell: Agreed. b ice Chair Gort: And also, my understanding is that we should be part of the programs as we -- talking to the County, we should be aware of what's happening with -- and we should have our input, also. Okay? Chair Russell: Madam City Attorney, have you seen the pocket item? Victoria Mendez (City Attorney): Yes. And -- but I do suggest that it be a more generic resolution than just -- you know -- have the Administration work with them versus based on -- Chair Russell: So -- Ms. Mendez: -- versus picking -- Chair Russell: Understood, and I would agree. I don't want to bind us. I don't believe anything in here does bind us, but it sets a -- by choosing one or the other, it sets us in a direction of where we stand. I do believe we, as a Commission, believe that ridership is important; that if they don't come every 15 minutes, for example, people aren't going to use them, and they need to be able to rely on them. So that -- to me, that's the first priority, and then coverage comes secondary. But it's going to be a hybrid. It's got to be a hybrid of the two. We can't be binary, one or the other. So I'm open to an amendment, as well, that -- Commissioner Reyes: Through the Chair. City of Miami Page 269 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: Yes. Commissioner Reyes: I -- one of my suggestions was an -- that we should analyze a -- trolley systems of feeders to our buses. And I suggested that, and I was totally rejected. It was, "No, we have to do away with" -- I mean, you are not thinking about the best of the community, you're not thinking about ridership, and I cannot accept that. Vice Chair Gort: Commissioner, for the last -- I think six years -- I've been talking about that this should be a feeder system. Commissioner Reyes: Yes, sir. L ice Chair Gort: When they first started talking on metro -- about Metrorail, I recall one of the most important thing that was going to go with Metrorail was going to be the riders -- the system to take the people to the -- Commissioner Reyes: That's right. L ice Chair Gort: -- (UNINTELLIGIBLE.) Commissioner Reyes: But by eliminating -- just taking that radical approach without trying to -- that's why I cannot support anything -- t ice Chair Gort: Make the amendment. Make the amendment. Commissioner Reyes: Okay. t ice Chair Gort: (UNINTELLIGIBLE) amendment, right? Chair Russell: Commissioner Hardemon. ,lust a moment. Commissioner Hardemon. Commissioner Hardemon: So if I'm looking at the correct organization, the Miami - Dade Transit Alliance is an organization that has some board members. One lives on -- well, the address is 701 Brickell Key Boulevard, who is the Chairperson -- well, 701 Brickell Key Boulevard; 169 East Flagler Street; 169 East Flagler Street, which is probably office space, and -- well, maybe not -- 5966 South Dixie Highway. You know, there's an organization that was put together to come up with a plan to present to government. They had a special interest to do that, and that's what they did; whereas, when I look at the individuals that came before this Commission, especially with the trolley in Liberty City and Little Haiti, these were all members of our community that live in our districts that said, "We want better access to a system of transit that other parts of the City has. " And so, what I don't appreciate about the resolution is that it forces us to choose a side, choose a path, and that path has a detrimental effect upon the people who fought so hard just, I mean, a few months ago in my district to have a benefit that they did not have before that really gave them a sense of pride in their community. And so, you know, the issue that I have with this is that they're forcing us to kind of take a position now, because the resolution says, "Now, therefore, be it resolved that the City Commission supports the ridership concept; that is, instead of the coverage concept. " And then, it also states that it directs Transit Alliance to return to this Commission with a proposed realignment to the City Charter as part of the final network plan. So they say here to realign this differently -- right? -- which is -- I think is problematic for me. I think, if we're trying to have a conversation between a non -for -profit called the Miami -Dade Transit Alliance -- which I believe that's what it's called -- and the City of Miami, I think we do that. But I don't think that City of Miami Page 270 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 it's -- I don't think that we take a position on it right now. But we -- I know we took a position -- well, they gave us a document maybe at the last meeting, or maybe the meeting before -- Chair Russell: Last meeting. Commissioner Hardemon: -- and told -- and, you know, wanted our vote then. And now, this being sprung upon us at this way, you know, I'm just not prepared to vote for it, and if (UNINTELLIGIBLE). Chair Russell: Understood. And I'd like them to speak, as well, but before -- and what may be missing in this entire plan is the desensitivity [sic] of politics, what -- they're looking at this from a ridership and coverage model and the logistics, and from a data -driven perspective. Politics are very key, obviously, and those in more rural areas could suffer if the ridership is prioritized 100 percent, because that could mean less lines for more ridership in denser areas. This model also considers no additional funding, which is why its real binary choice, it is difficult. You're definitely giving up something to go to -- one way or the other. If we were to invest more or the County would invest more, there may be a hybrid model that covers a little bit of both; gets better ridership, maintains coverage. But I understand where you're coming from. This is very sensitive. So I'd like to ask Mr. Chougle or Ms. t iciedo to speak to this in what you're hoping to see from this body, and what it would allow you to work with our Administration and the County. And the last thing I'd like to say is, I was very proud of bringing a trolley up through Golden Pines, only to see the County then remove the more important bus system that covered that route, and the gains we got in the trolley were outweighed by the losses of that bus. So there's a cooperation problem. And a hybrid map is great, but the governments have to work together, or it all fails. Would either of you like to address this item before we take it up? Marta t iciedo: (UNINTELLIGIBLE.) First of all, I want to be very respectful of your time. I know that you're putting this in as a pocket item, and I'm very grateful, so I want to keep this as brief as possible. I only want to put for the record -- Commissioner Hardemon, I'm actually a resident in your district. You're absolutely right; 169 East Flagler is in downtown, but I live 915 Northwest I st Avenue. I am one of your constituents. Azhar Chougle: Good morning. My name is Azhar Chougle. (UNINTELLIGIBLE) 169 East Flagler, which is where I work. I think the three important salient points is that, Commissioner Hardemon, these methods are staffed twice. And things that we measure, we'd love to discuss in more detail, because, again, you're not voting on a final plan. You're voting on allowing us to come up with a way in which -- how can we frame the City of Miami trolley system? Now, our recommendation and the measures that we presented to you last -- about two weeks ago -- which is, how can we make the City of Miami trolley system work together with the County system to maximize opportunities? (UNINTELLIGIBLE) specifically, we measure within the current system what those gains are; another 15 to 20 percent gains in terms of people's mobility and access to jobs. Is it perfect? Absolutely not. But we're not here to say, "This is the plan. " The Liberty City trolley in particular has no data; there's nothing to analyze for us, so it's still too early in the process to even know what do we do, because -- and that's why it's not -- there's no recommendation at this moment, because it's too early in the process. What we're asking is that the City of Miami receives the most mass transit in the County. By not taking a position, you're stepping back away from the County and saying that, "We don't want to work with you to maximize that access, " because, remember, the County is the one that's bound to provide that regional service. You can't go beyond your municipal boundaries. If there is no cooperation, we can't maximize City of Miami Page 271 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 access for the majority of your residents. And Commissioner Reyes, I deeply respect you. I appreciate that you were willing to continue this dialogue open. I have something -- I have some ideas to come back with you at and continue this dialogue; for example, between 57th and 62nd Avenue, very specific ideas. But I think the most important part today is to continue the dialogue. Chair Russell: Commissioner Gort. Commissioner Reyes: I just -- L ice Chair Gort: Let me ask you a question so we can clarify this. How many studies do we get a year from different items? How many studies do we get from --? I can show you a whole cabinet full of studies that have not been implemented. This is another study that has been done to look at how we can improve traffic. A vote here today is not going to say we got to do it this way. My understanding is we need to negotiate with -- even if we say we're going to look at this (UNINTELLIGIBLE), we're looking at the study, but we got to sit down with the County and we got to work as a team. If we're going to say we're not going to work with the County, let's forget about it then. Let's (UNINTELLIGIBLE). Don't vote on this then. Chair Russell: Thank you. Commissioner Reyes: Commissioner -- Chair Russell: b ice Chairman --I mean -- I'm sorry --Commissioner Reyes. Commissioner Reyes: Through the Chair. Listen, I do agree, and I was a consultant, and let me tell you, I did a lot of studies, also. Some of them were implemented and some of them were not. But what I really am in disagreement or I'm questioning, it is there is a lot of emphasis on bringing people to work and people to -- not to work We have -- particularly in my district, we have a lot of people that they don't go to work; they go to a doctor or they go to the senior center or they go to Sedano's or they go to Tropical, or they go to Walmart, you see? And those are people that they are elders, and -- which I have a huge population, and we have to also take them into consideration and try to provide the service for them. So that radical approach that -- it was presented to me that we have to get rid of Flagami trolley. We got to get rid of this? I will never accept that. I will never accept, and I will -- always will vote against it. And I think that we should -- if you're going to pass this, you have to make an amendment that nobody can touch those trolleys until -- unless we take -- I mean we decide. And instead of doing away with them, let's make them better and more efficient that -- let's use them as feeders. But that's not what they are proposing, sir. Chair Russell: Thank you. So the first amendment has to do with adding this phrase in Section 1, after the word, "ridership: " 'And coverage hybrid concept." And then Commissioner Reyes is proposing an amendment to make sure -- if it's not in here already -- that we retain unilateral decision -making on our bus routes. Ms. Mendez: I -- ti Ice Chair Gort: One more question of the Administration. My understanding that this goes to the County. The County's going to look at it, but we have to approve it, anything to do with the trolleys in the City ofMiami. Chair Russell: It's ours. City ofMiami Page 272 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Vice Chair Gort: Let us know. Are we -- Mr. Ihekwaba: Sir -- Vice Chair Gort: -- willing to negotiate -- Mr. Ihekwaba: -- Zerry Ihekwaba. Vice Chair Gort: -- and make some of the changes, or it's not going to happen? Mr. Ihekwaba: Commissioner, with all due respect, to be very clear, the County has exclusive jurisdiction on transportation -- L ice Chair Gort: Mm-hmm. Mr. Ihekwaba: -- according to the County Code. L ice Chair Gort: Mm-hmm. Mr. Ihekwaba: So that reinforces the need for us to cooperate with the County in the study. Our concern is that the Administration never had a hand in drafting this reso. The first time we saw this reso is about five, 10 minutes ago. Vice Chair Gort: Well -- Mr. Ihekwaba: And it is proposing to take an extreme action to support only the ridership concept, and we have a problem with that. Vice Chair Gort: I think for the last half an hour, we've been talking about making some changes to the motion, the way it is. Mr. Ihekwaba: Yeah. Vice Chair Gort: I think we been discussing that with Manolo Reyes, Commissioner Reyes, so (UNINTELLIGIBLE) wanted to do. CommissionerHardemon: So we will strike then the Section I clause -- Vice Chair Gort: Right. CommissionerHardemon: -- of the "therefore" -- Chair Russell: No. We Zl be adding the words, "And coverage hybrid concept. " So it's ridership and coverage, because those are the two choices; ridership or coverage. L ice Chair Gort: Those are the two choices. CommissionerHardemon: You're saying add "coverage "to the -- Chair Russell: Yes. CommissionerHardemon: --Section I -- Chair Russell: Yes. CommissionerHardemon: -- to the "therefore" clause? City of Miami Page 273 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Chair Russell: So, "The City Commission supports the ridership and coverage hybrid concept. " Commissioner Hardemon: But see, that's also specific -- Vice Chair Gort: The study. Chair Russell: Well, there's really only two choices they've given us; the ridership model or the hybrid -- or either the coverage model. And when you do more ridership, you give up some coverage. We believe a hybrid will be the end result. And so, that way, we're sitting on the fence a little bit, you know. We're not taking a solid position, but we're at the table. The problem is when we make our own decisions on trolleys, we're being counterproductive with the County, and they start removing County routes. Commissioner Hardemon: No. They do that because they have a losing business model. Mr.Ihekwaba: Exactly. Chair Russell: That, too. Commissioner Hardemon: They're losing money. Mr. Ihekwaba: That's what it is. Commissioner Hardemon: Either -- they charge too much, right? They haven't adopted new ridership concepts, new technology. No one wants to ride it. Chair Russell: Right. Commissioner Hardemon: It's not pleasurable, you know. So I (UNINTELLIGIBLE). Chair Russell: We're suckers if we just let our trolley take over their bus routes, and all the money falls on our shoulders. Commissioner Hardemon: Right. Chair Russell: We should work together. We should work together. Commissioner Hardemon: The trolley system is certainly something that is meant for short -distance traveling. It's meant for pleasure, if you will. It gets not only tourists, but our locals, they have an opportunity to get on it and enjoy that concept; go from one distance to another. The bus system I look at as completely different. The bus system is meant to take you from -- you know -- from 42nd Street all the way to 199th Street, right? That's what it's for. Lice Chair Gort: So you can go to work. Commissioner Hardemon: So you can go to work, right. Lice Chair Gort: So you can move on the outskirts and you can get to work. Commissioner Hardemon: So I think that two -- they have two different things. I just -- any time I'm being forced to make a decision about something where I'm not City of Miami Page 274 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 sure what my decision is, you know, I'm pushed to say, "no. " And I don't want to say, "no, " necessarily. And I don't think that the County -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Hardemon: -- the big bad County is going to make a decision about changing their trolley and their -- or their bus system next week. Chair Russell: Would you be open to this with the reso -- with the amendment? I don't believe it binds us. This really just brings us to the table. Later... L ice Chair Gort: Look, this is my last one here. I'll retire my motion. Chair Russell: All right. Commissioner Gort has withdrawn. Commissioner Carollo -- Commissioner Reyes: Well, but it is not necessary. I will support it if we have all the amendments; that we are not bound, and they don't dictate what we could do with our trolley system; and as a matter of fact, they will come and work with as, since they are experts, on how to use our trolley system a better way and as feeders to bus routes, and also taking our people -- or neighborhood, because this is -- the trolley system is made for neighbors and to serve neighborhoods -- Vice Chair Gort: Right. Commissioner Reyes: -- because it goes inside the neighborhoods; how do -- we can do it better, not eliminate them. t ice Chair Gort: Mr. Chair. Chair Russell: Yes, 1 ice Chairman. T ice Chair Gort: My understanding is last week, we discussed it. We told the Administration to look at it again, and you come up with this -- with a draft. They didn't come up with anything. And something that's -- my understanding is the County Commission's going to make a decision on this today. I'd like to have some input. I think there should have been a lot of legislation taken place before anything takes place, and they got to come and talk to us. Chair Russell: Yeah. Lice Chair Gort: And what --I'm asking Administration to keep the Commissioners aware of everything that takes place. City ofMiami Page 275 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 NA.3 RESOLUTION 6719 A RESOLUTION OF THE MIAMI CITY COMMISSION City Commission SUPPORTING TRANSIT ALLIANCE'S OBJECTIVES CONCERNING INTERCONNECTIVITY OF CITY OF MIAMI TROLLEYS WITH MIAMI-DADE COUNTY'S TRANSPORTATION SYSTEM; DIRECTING THE CITY MANAGER TO COLLABORATE WITH THE CITY COMMISSION AND TRANSIT ALLIANCE TO EXPLORE HOW TO ACHIEVE THE OBJECTIVES PROPOSED BY THE BETTER BUS PROJECT. ENACTMENT NUMBER: R-19-0430 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Commissioner Carollo: Mr. Chair. Chair Russell: Yes, Commissioner Carollo; your microphone. Commissioner Carollo: I had from before a resolution on this item, but we could make a hybrid with what Commissioner Gort has there, and I think it meets more of the intent of what everybody's talking about. It's a resolution of the Miami City Commission supporting Transit Alliance's objective concerning the interconnectivity of City trolleys with Miami -Dade County's transportation system; directing the City Manager to collaborate with the City Commission and the Transit Alliance to explore how to achieve the objectives proposed by the Better Bus Project. This one we're moving forward, but we're not bound to anything, and, as you said, puts us in the table. So I just submit this for you guys to look at it and do what you think is best. We could combine them both, you know; use one or the other; whatever it is, but on a -- I do agree with the Administration on this one that we can't be in a situation -- and I agree with Commissioner Reyes -- we can't be in a situation where the County is going to dictate to us what we could do or not with our transit. Chair Russell: All right. I've looked at both of them, and they are similar in spirit, but Commissioner Carollo's is less binding in terms of taking a position on one model or the other, but it brings us to the table. Later... Chair Russell: Vice Chairman, Commissioner Carollo's legislation actually does take care of everything you're looking for. Once we've amended it, it actually makes it more -- closer to what he's looking at, and it directs the Administration to work together with Transit Alliance and bring something back. So I do think it -- I think it achieves your goal, if that's all right. Vice Chair Gort: That's fine. No, I don't have any problem; as long as we get it done. Chair Russell: All right. So there's a withdrawal of -- and -- lice Chair Gort: I want to make sure we get -- I've been asking for 10 or 15 years an analysis, because we're taking over responsibility, like social services and transportation -- City of Miami Page 276 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Reyes: Everything. Vice Chair Gort: -- and it's the County's -- and we have a limited budget, and we don't have the budget. We don't charge it, which is -- ours is free, so -- and costs us more every day. Now, they have problems all the time whenever you ask for new trolley routes. They don't know where they're going to get the money from, because we ran out of grants. Chair Russell: All right. bite Chair Gort: And that's something -- and I'm not going to be here. I mean, it's (UNINTELLIGIBLE). Commissioner Reyes: Yes. You guys have to -- bite Chair Gort: (UNINTELLIGIBLE) next year. Commissioner Reyes: I do understand what you're saying, Commissioner Gort. And also, I foresee that pretty soon, we are going to be made responsible for housing, also, for affordable housing, because I see the -- I can foresee the County, you know -- it's a backstroke. I'm going to -- we going to leave this to our municipalities, and that is had. We got to be ready. Commissioner Hardemon: They're going to privatize it; they're already starting it. Chair Russell: So I'll second Commissioner Carollo's motion. Commissioner Hardemon: I do want to make an amendment to the resolution. Chair Russell: Yes. Commissioner Hardemon: In the first "whereas" clause, can you add Liberty City as one of the neighborhoods that the trolley services? Chair Russell: There's an "and," so let's put it right after that. Commissioner Carollo: Yeah. Chair Russell: 'And Liberty City." bite Chair Gort: AndAllapattah. Chair Russell: Mover and seconder approves. Tice Chair Gort: (UNINTELLIGIBLE). Commissioner Hardemon: Allapattah. Chair Russell: I'd like to open the item for public comment. Commissioner Reyes: And also, does that include Flagami? Commissioner Carollo: Yes. Chair Russell: Yes. Commissioner Reyes: It says --where? City of Miami Page 277 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Well -- Chair Russell: It does not list -- does not specifically say "Flagami. " Commissioner Carollo: -- include Flagami. Chair Russell: It says Allapattah, Biscayne, Brickell, Coconut Grove, Coral Way, Downtown Health District, Little Havana, Overtown, Wynwood, and (UNINTELLIGIBLE). Commissioner Carollo: Flagami (UNINTELLIGIBLE). Ms. Mendez: So we are adding Flagami and Liberty City? Chair Russell: Yeah; and Liberty City. Commissioner Carollo: Yeah. Chair Russell: Yeah. Commissioner Carollo: Any other areas that we forgot to include? Chair Russell: Just add the words, "et cetera. " Commissioner Carollo: Et cetera. Chair Russell: All right. Is there anyone from the public who'd like to speak on this concept? Seeing none, I'll close public comment. Any further comment from the dais? All in favor of the item as amended, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much, Commissioner Gort, Commissioner Carollo, and Transit Alliance. NA.4 DISCUSSION ITEM 6728 DISCUSSION BY COMMISSIONER CAROLLO REGARDING THE City Commission CITY MANAGER'S TRAVEL ON CITY COMMISSION MEETING DATES. RESULT: DISCUSSED Chair Russell: Gentlemen, we have five minutes left in the morning, and we have about three items that we did not take up this morning. I'm just going to review them to see if there's any appetite to do that, because we have -- very packed afternoon agenda. Commissioner Carollo: Well, now -- Chair Russell: Let me just go through them, so we know what we're dealing with. RE (resolution) -- I'm sorry. Let me start at the beginning. Commissioner Carollo: You have RE.9. City of Miami Page 278 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: We took up everything except RE.9 is still on the table; that is the ad valorem tax exemption, historic property. You wanted to study further on that during lunch. Commissioner Carollo: Yeah. I need to get something that -- Chair Russell: That's absolutely fine. Commissioner Carollo: -- I will get just now. Chair Russell: And then -- Commissioner Carollo: We have FR.1 -- Chair Russell: -- FR.1 -- Commissioner Carollo: -- and -- Chair Russell: -- is the Special Master Program -- Commissioner Carollo: -- FR.5. Chair Russell: -- and FR.5 -- Commissioner Carollo: Yeah. Chair Russell: -- is the relocation of peafowl. You'd like to table all those to the afternoon? Commissioner Carollo: Yeah, if we could. There's only four -- three minutes left, so Chair Russell: Of course. Gentlemen, is there anything else you'd like to take up on the morning's agenda before we breakfor lunch and come back --? Commissioner Carollo: Yes, one last item. It's a pocket item. It's got nothing to do with the budget or making any impact to the budget. It's a quick resolution that from now on, whoever the City Manager is, now and into the future, before they travel, they get permission from this Commission as to where they're going, so we know that they're traveling. I find it totally unacceptable that in a meeting that has such important items, the City Manager is not here today. And we all been around the block, and we know that in October, you're not needed that much in Tallahassee for anything; besides that, that's what we got lobbyists for. If you're telling me it's in March, that's a different story; that's when they're voting. So it's just a simple resolution so that if a City Manager is going to be absent for things that are important to this Commission that we make a decision whether he should go or not. Now, this has been happening all too often that we don't know where our Manager is. We're not informed, and we find out by pure coincidence that he's out when we see a selfie somewhere that's being put out. So it's a motion that City Manager of the City of Miami, now and into the future, will provide permission requests to this Commission before they travel outside of Miami -Dade County. They don't need it if they want to go to Hialeah, but they do if they're going to travel outside of South Florida. Commissioner Hardemon: How will we manage that? How would he get permission from the board? If he wants to -- if he needs to travel somewhere, and the only time we meet is when we sit here today, how is it that we give the City of Miami Page 279 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 permission? And -- you know -- say, for instance, if he sends a memo to all of us, and say each of us, individually, says 'yes. " If there's one objector, then do you consider that to be approval? If -- how -- what's the mechanic of that? Commissioner Carollo: Well, this would be a majority vote that is requested. Vice Chair Gort: Right. Commissioner Carollo: But I think that it's something that simple. It should be done at a meeting, because there's plenty of time from one meeting to whenever he's going to travel again. Chair Russell: bite Chairman. bite Chair Gort: I understand where you're coming from, and I don't have any problem with it, but I think sometimes emergency traveling might come up. And I think the Law Department uses a system with their -- when they close a case, if they're trying to settle a case. They'll send us a memo, and we say we agree or disagree. And if it's an emergency, I think we should do that -- Chair Russell: First -- Vice Chair Gort: -- and allow that to take place. Chair Russell: --is the Manager going to be here for this afternoon's session? Joseph Napoli (Deputy City Manager): Yes; he's scheduled to come back this afternoon. Chair Russell: So he will be here for the major items we're dealing with, and that's - Mr. Napoli: Not the 2 o'clock item, but the 6 o'clock item. Chair Russell: But the 6 o'clock item. Okay. That -- because I believe that's where this is coming from, very importantly. Commissioner Carollo: No. It's coming from everything that we have here. Chair Russell: Understood. Commissioner Carollo: Obviously, the 6 p.m. item is very important to the City's future. Chair Russell: Yes. So I do -- my concern would be on Commission days, specifically. I don't want to tie the Manager's hands to move very freely and nimbly to do the business of the City, so I don't want him to have to wait for a Commission meeting to get permission to change his calendar. What I would recommend, if the -- if this body would like to keep record of and have the right to disapprove travel that the Manager issue a memo requesting any time he's leaving the Miami -Dade County area, and if three Commissioners or more protest it, then it could be an issue. Commissioner Hardemon: I like the way -- I mean -- okay. There's some things I like and I don't like. Obviously, we need the City Manager here. He has a capable staff, but we -- you want your City Manager -- Chair Russell: Yeah. City of Miami Page 280 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Hardemon: -- here when you have a public meeting. The only issue that I have is I don't want any misinterpretation of what we're saying by creating a pocket item. I would at least like to see something that we can read and say, "You know what? That makes sense; that doesn't make sense. " Chair Russell: We're creating a procedure. Commissioner Hardemon: Right. You know, and at least consult with the City Manager before we make the decision. I think what you're saying in spirit is right; that we want our City Manager present when we're doing -- when we're conducting the business. This is an important day for him, as it is for us. Commissioner Carollo: It's not the first time it's happened, that's the problem. Commissioner Hardemon: No, and I understand that. And -- but I do think that -- Commissioner Carollo: And he's been told Commissioner Hardemon: -- we should at least come -- have something that we can read, so there's no misunderstanding. Commissioner Carollo: Yeah. Furthermore -- look, let me lay it out on the table as clear as I can. Let me lay it out on the table as clear as I can. I always believe that when you make policy, it should be good now and into the future; you just don't make it now for any particular reason or individual. So I believe in this policy now and into the future. But beyond that and having said that, the Deputy Manager has been applying for positions indifferent places. The City Manager, I know for a fact that -- has been talking to get a position outside of our City. And there was a name mentioned in -- particularly up here when I asked what he was doing that could very well be a reason why he's also not here that could help him with a particular job that I know for a fact he was interested in getting. So I don't want to be in a situation that beyond all the reasons that I stated -- and I think we all agree that our Manager should be here on Commission meetings -- that no City employee, beginning with the Manager, and particularly the Manager is using time out on excuses of City -related reasons to travel where he's also going to use it to try to find himself employment somewhere else. That, I have a real problem with, and I think we all should. Chair Russell: Commissioner Carollo, I support you, as Commissioner Hardemon does. And I think the most important is that -- the presence on Commission day, and if there's any reason he's not going to be present on Commission day that -- some sort of process. Beyond that, I'm open to it, as well, but I think I'd like to see a process created. If you've got any patience for this, we'll put it together in a way that makes sense. Commissioner Carollo: No, but -- look, this isn't something that we need to do today Chair Russell: Okay. Commissioner Carollo: -- that the City is going to have the roof cave on it if we don't do it today. But there has to be, as you both stated, some procedures, rules and regulations that the City Manager has to follow. The attitude that I've seen here now for too long is that we're not his bosses; that, you know, he's got leeway to do as he pleases, because there can never be four of us that could come to a consensus to make him do what's right, and I'm tired of seeing this time and time again. I'm tired Of self e after selfie -- you know -- since I've been here. And, in fact, you can look back when I was Mayor. I don't charge when I go out to eat with people. I'm seeing City of Miami Page 281 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 selfies all the time with the Manager having lunch after lunch after lunch with all kinds of people. And it's great that he's doing this, it's fantastic, but is the City being charged? I would imagine. I don't know. And these are the kind of stuff that I'm very concerned about. When I have to find out through a selfie, or because someone told me that the City Manager has flown off somewhere, and he's not in the City, not even a note, "Dear Joe, I will be gone for three, four days, " not even that. So I've never seen the likes of it. I mean, I know that he doesn't consider, certainly, me his boss. Reyes is not far behind, and the rest of you are somewhere in there. I've heard him several times talk about who his real boss is. The others here, you know, we're just chopped liver. But that's not the way it works in this government. And this is affecting the attitude and the work performance of everybody down below him. So, you know, I've said my take on it. We'll deal with it at another occasion. And we need to do it. b ice Chair Gort: Instead of "Dear Joe, " it should say, "Dear Commissioners. " Commissioner Carollo: Well, I figure, you know, since Commissioner Hardemon said, you know, he could send us all a little note, you know, he doesn't have to call me "Ex -Lord Mayor, " or anything else. He could just call me "Joe. " I got no problem with it. Vice Chair Gort: Great. Commissioner Carollo: You could -- in fact, you could all address me as "Joe. " Commissioner Hardemon: (UNINTELLIGIBLE.) Commissioner Reyes: I got no problem. I'm just going to make a comment. I do agree that we need our Manager. And I know that we have to set procedures when Manager is not going to be here, and I think that we need to be advised -- I mean, that he's not going to be here. But I also don't want to tie the hands of the Manager if there is an emergency, just as Mr. Gort stated. But we have to be informed. We have to know, and we'll have to know why; there must be an excuse. Any other day I don't think, but I -- during Commission meetings, they are -- we are taking very difficult -- making difficult decisions here, and we need to have the Manager, who is the -- supposedly the person that runs the City. Manager is the person that runs the City. We don't run the City, you see. We don't run the City. Commissioner Carollo: Well, Commissioner, in all my years in government, I've never seen a Manager that takes off and doesn't inform his Commission that he's leaving. When I was Manager in Doral, I wouldn't have dared have left the City and not informed the Council. They have a Council, and not a Commission. So, you know, I think everybody gets the picture, and I move -- Chair Russell: I believe you -- yes. And I believe you have our support. So the motion's withdrawn for now, but I imagine we'll be seeing something soon. Commissioner Reyes: Yes. Chair Russell: Thank you very much, gentlemen, and we did clear off a lot of work. The morning's agenda is complete but for a couple items. We're going to break for lunch for two hours and reconvene just after 2 o'clock to take up the time certain items. Thank you very much. We'll see you soon. Commissioner Carollo: 2:15? Chair Russell: Yes, sir. City of Miami Page 282 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 CommissionerCarollo: Okay. Thankyou. NA.5 DISCUSSION ITEM 6727 STATEMENT BY COMMISSIONER REYES REGARDING HIS City Commission DESIRE TO DEFER MIAMI FREEDOM PARK ITEMS SCHEDULED ON THE OCTOBER 24, 2019 CITY COMMISSION AGENDA TO A FUTURE SPECIAL CITY COMMISSION MEETING IN NOVEMBER. RESULT: DISCUSSED Chair Russell: (UNINTELLIGIBLE) for the interruption. Commissioner Reyes had a little spill, but he is doing okay. He's going to come in and speak to the -- in the chambers for a minute, but I think we're going to get him checked out, but he is on his own power. All right. (Applause) Chair Russell: Come on, come on. Can't keep a "guajiro " down. Commissioner Reyes: You know, with this welcoming, I'm going to fall every day, you know. Thank you very much for your concern. And this wasn't planned; I just miscalculated the steps, and I really hurt my elbow, and I hit my head against the wall. I'm still woozy. The Fire Chief and my son, they think that I'm going to go, but I'm not going to go. They will have to take me to --for -- to Mercy Hospital for a couple of checks, and I'm -- hopefully, I'm going to ask, Mr. Chair, that we defer those items for a special meeting in November, like the I5th or something like that, so we will be here. And I'm going to request that particularly in the contract that the Administration and the officers from the --Mr. Mas and his attorneys do whatever is possible to have a contract that we can vote on, as the voters of Miami mandated that we have a contract in front of the Commission to be voted on, and that's my only request. If I get out of there early, I'm going to come back, and thank you again. Thank you. (Applause) Chair Russell: Commissioner Reyes, just for the record, you'd like us to take up the Smathers item? Commissioner Reyes: Yes, sir. Chair Russell: Okay. Thank you. Commissioner Carollo: (UNINTELLIGIBLE) Chair Russell: All right. Thank you all for your patience. Commissioner Reyes is doing well, but he's going to get checked by the EMT (Emergency Medical Team). They're going to take him to the hospital. His request was, of the items that he has remaining on the agenda, he is encouraging us to take up the Smathers item, which is PZs.15 and 16. How many people are here on that item? If you could please -- just the front, four, five, six people. Okay. Thank you. We will take up that item for sure. His other request was that we defer the 6 p.m. time certain items that were three -- obviously, he was the sponsor of one of them -- to a special meeting in -- within the second week of November so that Commissioner Gort would still be in Office and able to attend. City of Miami Page 283 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Commissioner Carollo: Which items? Chair Russell: This is all of the soccer items, which would be the discussion item, the lease item, and the -- Todd B. Hannon (City Clerk): PH.8, RE.20, and DI4. Chair Russell: Thank you, Mr. Clerk. Commissioner Carollo: PH.8? Mr. Hannon: RE.20 and DI4. Commissioner Carollo: D1.4. b ictoria Mendez (CityAttorney): And I just want to -- Are you going to consider the special meeting date at this time? Chair Russell: His Chief of Staff requested the 14th of November; and so, if each member's staff could look at that date and see if that's possible, we could continue on Ms. Mendez: So I just wanted to clarify with the Clerk, though, since there is the question of who will be in office, if there is no runoff, what is that date that the next Commissioner would be with the five-day canvassing period. I'm sorry to put you on the spot, Todd. Mr. Hannon: Oh, no worries. So if there is no runoff, I would get the certified election results on November 7. The earliest that the incoming elected official could assume office would be November 12, at noon. Ms. Mendez: Okay. So that's what I thought based on my rough calculations. So you need to check that date; what date you want then. Commissioner Carollo: If you do have a runoff, when's the earliest that you anticipate that a new Commissioner -- Mr. Hannon: Understood Commissioner Carollo: -- would be able to be sworn in? Mr. Hannon: Yes, sir. So if there is a runoff, I would receive the certified election results on November 22. The earliest that the incoming elected official could take Office is November 27, at noon. Commissioner Carollo: Okay. 27th at noon. And if there's no runoff, the earliest is when? Mr. Hannon: November 12, at noon. Commissioner Carollo: November 12, at noon. All right. Chair Russell: So, Steve, is there a preference? Have you looked at some polling? Esteban Ferreiro (Chief of Staff, District 4): Commissioner Reyes will kindly request that we set November 14 as the date -- City of Miami Page 284 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Chair Russell: That's okay with me. Mr. Ferreiro: --for the item scheduled for 6 o'clock. Chair Russell: That's all three items, and that's -- that works for me. Other Commissioners, I'll let you look at your calendars or your staff to see if that works. Vice Chair Gort: I may be in Hawaii. Chair Russell: Commissioner Gort may be in Hawaii, or may be working on this issue. He thought this was his last. We're going to have a whole other party over again; more cake. So we just need to set a date. And is Commissioner Hardemon's staff here? Commissioner Carollo: You -- Commissioner Gort, you want to be here on the 14th or not? Lice Chair Gort: (UNINTELLIGIBLE.) Commissioner Carollo: No, I'm saying if you want to. No? Vice Chair Gort: Hey, I have no problem. Commissioner Carollo: If not -- so I'll know how hard I have to work or not work, so there won't be a runoff if you want to be here. You want to be here but work as hard, we'll get a runoff. T ice Chair Gort: (UNINTELLIGIBLE.) Mayor Francis Suarez: I'm not here on the 14th, either. Sorry. Chair Russell: All right. Mr. Ferreiro: Okay, he's not -- it's November 14? No. Unidentified Speaker: November]]. Chair Russell: And honestly, earlier is better. That's b'eterans Day, actually. CommissionerHardemon: November 11 is t'eterans Day. Mr. Ferreiro: Okay. Commissioner Hardemon: I work on 1 eterans Day. I mean, we -- you know we -- Mr. Ferreiro: I don't. Ms. Mendez: November 12, at 9 a.m.? Mr. Ferreiro: We're good with that. Ms. Mendez: It could be earliest, but -- I mean, I'm sure you could have your meeting in the morning. Commissioner Carollo: I would need to bring it to the following week. I have -- 20th, 21st. City of Miami Page 285 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 Mr. Ferreiro: Well, I think we have special circumstances, unfortunately, and that's what Commissioner Reyes would like to see. If you want to hold off and get a status Commissioner Carollo: I could be there on the 14th. Mr. Ferreiro: Okay. Chair Russell: The Administration is not available on the 14th, so I'm -- I believe the 12th was another alternative. I'm available on the 12th; that's a Tuesday. Commissioner Carollo: Can we do it --? Steve, they're saying they can't do it on the 14th. Mr. Ferreiro: Right. Commissioner Carollo: Can we do it on the 20th or 21 st? Chair Russell: Well, we -- Mr. Ferreiro: The day of the 14th is at -- you know, there's seven candidates running in District 1. More than likely, there will be a runoff- more than likely, Commissioner Gort will still be here, and Commissioner Reyes's will is for Commissioner Gort to have some input into the voting of the contract. Commissioner Carollo: Well, he'll still be here on the 20th if there's no -- Mr. Ferreiro: If there's no runoff. Commissioner Carollo: Yeah. But if there's a runoff -- Chair Russell: Let's table the scheduling for a moment. Mr. Ferreiro: All right. Chair Russell: Each of the Chiefs of Staff can work together on their calendars with the Administration and your office, as well, and we'll come back to the setting of the date for this moment. Mr. Ferreiro: He wanted me to also put on the record that he supports the PZ (Planning and Zoning) items for Smathers. I know he won't be here to vote on them, but he would like for that to be put on the record on his behalf. Mr. Hannon: And Chair, my apologies, but I just want to make sure PZ.24 is also sponsored by Commissioner Reyes. Did you want to proceed with PZ.24? Because there are some people here for that, Item PZ.24. Chair Russell: Yeah. My understanding is he's comfortable with everything else on the agenda. Mr. Ferreiro: Yes, yes, we are. Chair Russell: Thank you. All right. This -- it stresses me out a little. This -- these are like my children. As the Chair, although I'm a little young for it, it really -- you know, we have our moments between us, but there is a brotherhood up here, and it really hurts to see anyone get hurt. It really -- it's really upsetting. And I'm glad to City ofMiami Page 286 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 see him walk out on his own power, because that's a -- I have a good feeling you can't keep a "gualiro" down, so. Commissioner Hardemon: "Crespogrcan" said that Carollo pushed him. Is that true? Commissioner Carollo: Xow you confirmed that you can't believe anvthing he puts down there. Chair Russell: Fozr knot-r, more likely, its Ferris wheel vertigo, so ifwe can get back to the issue at hand. NA.6 RESOLUTION 6729 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City SCHEDULING A SPECIAL CITY COMMISSION MEETING ON Clerk NOVEMBER 12, 2019 AT 9:00 A.M. AT MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA FOR THE PURPOSES OF (1) A RESOLUTION OF THE MIAMI CITY COMMISSION, TO APPROVE OR DENY, PURSUANT TO SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, A LEASE AND ASSOCIATED DEVELOPMENT AGREEMENTS REGARDING THE CONSTRUCTION OF SOCCER STADIUM, PUBLIC PARK, TECHNOLOGY HUB, ART AND ENTERTAINMENT SPACES, FOOD AND BEVERAGE VENUES, AND A HOTEL CONFERENCE CENTER WITH ANCILLARY COMMERCIAL USES AT 1400 NORTHWEST 37TH AVENUE, AND (2) A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER AND THE MAYOR TO CEASE ANY AND ALL NEGOTIATION WITH MIAMI FREEDOM PARK, LLC REGARDING THE PROPOSED DEVELOPMENT AND CONSTRUCTION OF A SOCCER STADIUM, PUBLIC PARK, TECHNOLOGY HUB, ART AND ENTERTAINMENT SPACES, FOOD AND BEVERAGE VENUES, AND A HOTEL CONFERENCE CENTER WITH ANCILLARY COMMERCIAL USES AT 1400 NORTHWEST 37TH AVENUE, AND (3) A DISCUSSION OF THE MIAMI CITY COMMISSION PROVIDING AN UPDATE ON THE STATUS OF NEGOTIATIONS BETWEEN THE CITY OF MIAMI AND MIAMI FREEDOM PARK, LLC FOR THE LEASE AND DEVELOPMENT OF A SOCCER STADIUM, PUBLIC PARK, TECHNOLOGY HUB, ART AND ENTERTAINMENT SPACES, FOOD AND BEVERAGE VENUES, AND A HOTEL CONFERENCE CENTER WITH ANCILLARY COMMERCIAL USES AT 1400 NORTHWEST 37TH AVENUE. ENACTMENT NUMBER: R-19-0437 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell. Gort. Carollo. Reyes. Hardemon Chair Russell: Just for the record, I believe we have consensus on a time for the special meeting. Has all of the Chiefs of Staff conferred with the Clerk;" Commissioner Carollo: On the 1 dt0 City of-AIiami Page 287 Printed on 110 2020 City Commission Meeting Minutes October 24, 2019 Chair Russell: I believe it's the 12th. You don't have that, Mr. Clerk? I'll wait till someone's conferred it to you. Commissioner Carollo: Okay. Chair Russell: I just had word from Steve that -- Have you spoken with all the Chiefs of Staff? Commissioner Carollo: At what time is the meeting proposed for? At 12 of 12. Is that in --? Esteban Ferreiro (Chief of Staff/District 4): I've spoken to all the Chiefs of Staffs [sic], and the Mayor, the Manager, and the City Attorney, to do the 12th, 9 a.m. Chair Russell: Special meeting, three items. Mr. Ferreiro: The three items that were time certain at 6 o'clock. Commissioner Carollo: The Manager, don't worry about; he's paid by us, he's our employee -- Mr. Ferreiro: He'll be here. Commissioner Carollo: -- he's got to be here. So, you know, that's one you don't have to worry about. Now, is -- you know, the reason we had the problem with the 14th is because the Mayor's off and abouts [sic] again, flying off somewhere. Mr. Ferreiro: I believe Commissioner Hardemon was also going to be out on the 14th. Commissioner Carollo: You too? You got another trip with him, or is he going alone on this one? Commissioner Hardemon: I'm representing this fair City in the Florida League of Cities Legislative Conference. Commissioner Carollo: What now? Commissioner Hardemon: The Florida League of Cities Legislative Conference. I am -- Commissioner Carollo: That's legitimate. Commissioner Hardemon: -- I'm a -- right. I think it is. Commissioner Carollo: Yeah. Where's it at? Commissioner Hardemon: It is about four and a half hours north of this location. Commissioner Carollo: Okay. So you're driving; Disney World. Commissioner Hardemon: I refuse to answer questions on the record about (UNINTELLIGIBLE). Chair Russell: All right, but we're square then. We're good. Is that noted for the record, special meeting, the 12th, at 9a.m. ? City of Miami Page 288 Printed on 1/10/2020 City Commission Meeting Minutes October 24, 2019 Todd B. Hannon (City Clerk): No. We're going to pass a resolution. Commissioner Carollo: Well -- Mr. Hannon: Sorry; this is traditionally what we've done in the past. Since we have the Commissioners here all present at once, we can pass a resolution. However, per the Code, we do -- if I could just have some verbiage as to what this special meeting is being called for, which we'll put in the notice. Chair Russell: Thank you. And you've already stated which items we'll be discussing specifically, and that's it. Mr. Hannon: And we're going to take actions on those after we pass this resolution here. That'll be PH.8, RE.20, and DI. 4, but we normally will say specifically what the meeting is called for. Is it to just address Miami Freedom Park? Chair Russell: Correct. Mr. Hannon: One second. Commissioner Carollo: And only that. Victoria ItMdez (City Attorney): Specifically, these -- Chair Russell: Three items. Ms. Mendez: -- three items as titled on today's agenda, just so that it's crystal clear. Chair Russell: So you need a motion for -- Commissioner Carollo: You got to -- Chair Russell: --a special meeting. Commissioner Carollo: -- say the item. Someone's got to say it. Chair Russell: He already did. So you need a motion for the special meeting? Mr. Hannon: Yes, please. Chair Russell: Is there a motion, please, for the 12th -- Commissioner Carollo: Motion. Chair Russell: -- at 9 a.m.? Moved by Commissioner Carollo; seconded by the Chairman. Is there arty further discussion? Any comment from the public? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Could we do PZ.11 ? Ms. Mendez: And then -- Mr. Ferreiro: Thankyou, gentlemen. City of Miami Page 289 Printed on 1/10,12020 City Commission Meeting Minutes October 24, 2019 ADJOURNMENT The meeting adjourned at 10: 03 p. m. City ofMiami Page 290 Printed on 1/10/2020