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HomeMy WebLinkAboutCC 2023-02-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, February 23, 2023 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Alex Diaz de la Portilla, Commissioner, District One Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes February 23, 2023 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo and Commissioner Reyes Absent: Commissioner Diaz de la Portilla On the 23rd day of February 2023, 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 Chairwoman King at 9:42 a.m., and adjourned at 11:54 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk ORDER OF THE DAY Chair King: (INAUDIBLE) meeting for February 23, 2023. We have some special presentations today that we are going to do. But before we begin this meeting, I would like to invite Father Reggie to lead us in invocation. He 's in my office. They don't know. Father Reggie is the priest from the Notre Dame D 'Catholic [sic] Church. It's located in District 5 on Northwest 62nd Street, and it is one of the largest Haitian churches in Miami -Dade County. So, it's an honor to have Father Reggie give us our invocation today. Thank you, Father Reggie. Invocation delivered. Chair King: And at this time, I will ask Commissioner Manolo Reyes to lead us in the pledge of allegiance. Pledge of allegiance delivered. Chair King: Sadly, our community lost a spiritual leader, Father Major of the Church of the Incarnation passed away, and I would like us all to take a moment of silence in respect for that spiritual leader. Moment of silence. Chair King: May Father Major rest in peace. He has done wonderful things in our community, and he will be sadly missed. And at this time, I'm going to have the City of Miami choir come and they're going to lead us in a song in honor of Black History Month. Don't they look amazing? Presentation made. Chair King: That is our City of Miami choir, and they are amazing. I am so proud to be your Commissioner and your Chairwoman for the City of Miami. That was beautiful. Chair King: And at this time, I believe we are going to begin our City of Miami Commission meeting. Madam City Attorney, would you like to read your --? City of Miami Page 1 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about the processes, order of business, rules of procedure, and scheduling, or rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code. A copy is available online and at wwwmunicode.com [sic]. 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 the 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 disclosures required by the City Code in writing. A copy of this City Code section is available at the Office of the City Clerk or online at municode. com. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-330 and (g) of the City Code, the agenda and material for each 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. Public comment will begin at approximately 10 a.m. and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to elected officials and City Administration throughout the day so that the elected officials may consider comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to elected officials up until the Chair closes public comment. Public comment may also be provided live at City Hall, located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as they may be amended. 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. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notes the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on the items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114 (4)(c), Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note Commissioners have generally been briefed by City staff and City Attorney's office on items on the agenda today. Anyone wishing a verbatim record of an item considered at this meeting may request it at the Office of Communications or view it online at wwwmiamigov.com [sic]. P and Z (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance, as temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914. Parties for any PZ items, including any applicant, appellant, appellee, City staff, and any person recognized by the decision -making body as a qualified intervenor, as well as the applicants, representatives, and any experts testing on behalf of the applicant, appellant, or appellee, may either be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk or may appear virtually and make arrangements to be sworn in by oath or affirmation in person at their location by an individual City of Miami Page 2 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 qualified to perform such duty. Pursuant to Emergency Ordinance No. 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be followed [sic] to make any recommendation they may have. Please silence all cellphones and other noisemaking devices at this time. This meeting can be viewed live on Miami TV, the City's Facebook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Chair King: Thank you, Madam City Attorney. Mr. City Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for the Planning and Zoning items and any quasi judicial items on today's City Commission agenda will be as follows: The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you're sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the CityAttorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony on the Planning and Zoning item and/or quasi-judicial item. The affidavit shall be included in the record for the relevant item for which you '11 be providing testimony. Commissioners, are you comfortable with all the notice provisions set forth in these formal rules and procedures we have established for this meeting? Chair King: Yes. Mr. Hannon: Chair, may I administer the oath? Chair King: Please. Mr. Hannon: Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you'll be speaking on 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 King: Thank you. And I'd like to take this moment to wish my mother a happy birthday. She's celebrating her 81st birthday tomorrow, and she would love it that I say it up here. So, happy birthday, mom. City of Miami Page 3 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Applause. Commissioner Reyes: (INAUDIBLE). Chair King: No, no. No, it -- Commissioner Reyes: (INAUDIBLE). Chair King: No, it's enough that have acknowledged her -- Commissioner Reyes: (INAUDIBLE) happy birthday. Chair King: -- and acknowledged that she's turning 81. She's very proud of that, and she's so healthy. She still goes to the gym. She walks like two, three miles a day with her puppy. And it -- I'm just so honored to have my mom here still with me thatl can call on for advice and just speak to her whenever I want to, although I don't speak to her as often as I should, according to my mom, not according to me. But you know, our mothers are so special, and I do not take it for granted that she is still here with me. So, thank you all for helping me wish my mother a happy birthday. And at this time, I'm going to ask our City Manager if he has any items that he would like to have withdrawn or deferred or continued. Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: PH.3, to be deferred to March 9th; PH.4, to be deferred to March 9th; PH.5, to be deferred to March 9th; PH.6, to be deferred to March 9th; and PH.7, to be deferred to March 9th. That concludes the items. Chair King: Mr. Vice Chair, do you have any items that you would like to withdraw, or defer, or continue? Mr. Vice Chair? Mr. Vice Chair, are there any items that you would like to defer? Vice Chair Carollo: I don't believe so. Chair King: Okay. Vice Chair Carollo: Thank you. Chair King: Commissioner Reyes? Commissioner Reyes: No. Chair King: No? Alright. So, we have our consent agenda up, CA.1, 2, 3 -- Todd B. Hannon (City Clerk): Chair, is there a motion on the deferrals? Chair King: May I have a motion to --? Commissioner Reyes: (INAUDIBLE). Mr. Hannon: Commissioner Reyes made the motion, seconded by Chair King. Chair King: Yes. All in favor? The Commission (Collectively): Aye. City of Miami Page 4 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 13564 PROTOCOL ITEM Honoree Presenter Protocol Item Adonis Parker / Art Forever Miami, Inc Commissioner King Check Presentation City of Miami Police Commissioner Reyes Certificate of Merit rRESULT: PRESENTED Chair King: We have another -- Commissioner Reyes, do you have some proclamations? Commissioner Reyes: Yes, yes, I do. Chair King: Okay. And I have another presentation as well. Commissioner Reyes: That's right. Presentations made. 1) Chairwoman King presented a check to Adonis Parker and Art Forever Miami Inc. Chairwoman King saluted this artist for his contributions to the community while incorporating his art and public mural projects. Elected Officials paused in their deliberations to salute Mr. Parker and further thanked him for his commitment to art in the community and the City of Miami. 2) Commissioners presented a Certificate of Merit to City of Miami Police Officers in recognition of their service and actions. City of Miami Elected Officials recognized employees who provide exemplary service to our community and keep the City of Miami safe. Elected Officials paused in their deliberations to pay tribute and recognize the heroic efforts of these employees while thanking them for elevating the quality of life in the City of Miami. PUBLIC COMMENT FOR ALL ITEM(S) IN THE AGENDA 1 13563 Office of the City Clerk DISCUSSION ITEM PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE FEBRUARY 23, 2023, CITY COMMISSION MEETING. RESULT: PRESENTED Commissioner Reyes: Now, can I move the CA (Consent Agenda) items? City of Miami Page 5 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Mr. Hannon: Commissioner -- Commissioner Reyes. Commissioner Reyes: But don't we have to -- Chair King: Do I have --? Commissioner Reyes: -- open for --? Chair King: We have the consent -- consent -- hold on a second. We need to -- Commissioner Reyes: That's right. Chair King: We need to have public comments -- Commissioner Reyes: Public comments. Chair King: -- at this time. Commissioner Reyes: That's right. Chair King: Are there anyone here who would like to speak on any issue that is before the Commission today for public comments? Good morning, sir. Scott Silver: Yes, Scott Silver, 2980 McFarlane Road, Miami, Florida, 33133. On PZ.12, I'm here on behalf of Dade Heritage Trust. We'll address that more at length, but we would ask that that be deferred as well. It's an appeal of the PZAB (Planning, Zoning and Appeals Board) ruling. The Marine Stadium boat ramp still has to go before the HEP (Historic and Environmental Preservation) Board. So, rather than take this piecemeal, we'd prefer that that go before the HEP Board first. It's been deferred twice. Let that hearing take place, and we can come and make a full presentation on PZAB issues and HEP Board issues together, rather than do this piecemeal. If you're inclined to go ahead, we'll present at PZAB, but I don't think that'll be a full presentation of all the issues. It's a significant matter involving taking up 15 out of the 45 acres at Marine Stadium, so I think it's a matter of great public importance that should not be dealt with on a piecemeal basis. So, we would ask that that be put off until after the HEP Board makes its findings. Vice Chair Carollo: If I may, Chair. I'm confused. What does this item have to do with historic anything? Mr. Silver: There 's a historic designation of the Marine Stadium, including 100-foot- wide corridors on either side and the basin itself is historically designated. So, the ramp and the docks that are extending into the historic basin do impact that as well. Also, the Virginia Key master plan that includes basically as its core issue preserving the Marine Stadium for future development -- whatever it's going to be; we don't know what it's ultimately going to be -- would be gravely impacted by this because it will take up the area to allow the trailers to come -- the boat trailers to come in. It takes up almost two and a half acres, and then the overall parking field essentially for this will take up fifteen acres. It impacts the view plains to the historic Marine Stadium, and it impacts the potential to use this as a marine stadium in the future. This is under a Dade County grant deed that has deed restrictions saying it's only to be used for marine stadium purposes, that any revenues derived from it are to be placed back into that. So, there are a number of things that -- would potentially impact the historic -- we don't know until we have a true master plan that's a true design that's approved, a site plan that's actually approved to reconstitute the Marine Stadium. So, if we do this, we 're kind of putting the cart before the horse. We're City of Miami Page 6 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 putting a $1.25 million FIND (Florida Inland Navigation District) grant is going to take precedence and decide how, you know, a potential $100 million, multi -hundred million dollar future (INAUDIBLE). Chair King: Thank you. Commissioner Reyes: Through the Chair. Chair King: Thank you. Commissioner Reyes: Through the Chair. Amanda Quirke Hand: Good morning. Commissioner Reyes: I have one question because I'm still confused. Your -- Chair King: Well, this -- you know -- okay, after this one because this is -- Commissioner Reyes: Okay, okay. Chair King: -- better left for our -- Commissioner Reyes: I just want to know. Chair King: -- PZ (Planning and Zoning) time. Commissioner Reyes: You are -- your argument is against extending the -- because the ramp exist. And you are extending the ramp, that's all, because it's going into the basin? Mr. Silver: No. There was an old concrete portion that was used for the boat races. This was the pit for the boat races. Commissioner Reyes: Okay. Mr. Silver: But -- Commissioner Reyes: No, I just want to -- Mr. Silver: -- no, it's a dock that go -- the dock goes 90 feet into the basin. Chair King: Okay, thank you. Mr. Silver: So, that was not there. Chair King: Thank you. Ms. Quirke Hand: Good morning. Just to speak on the deferral -- Amanda Quirke Hand, special counsel for the City of Miami Administration on this item. And we respectfully request that the item go forward today. This is an appeal of an exception. It's separate criteria under Miami 21, Section 7.1.2.6. The historic preservation review and approval would be for a Certificate of Appropriateness regarding the boat ramp. But we don't know what the Historic Preservation Board is going to do and the procedural posture of a potential appeal could be significantly different. So, the criteria are different. The City Administration is ready to go today, and we respectfully request that the item be heard. City of Miami Page 7 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Chair King: Thank you. Is there anyone else here for public comment? (COMMENTS MADE OFF THE RECORD) Chair King: Pertaining to the issues on the agenda, yes. Good morning. Christine Rupp: Good morning. Christine Rupp, Dade Heritage Trust. I'm here also to speak regarding the boat ramp appeal. And strictly from a historic preservation standpoint, obviously, the main concern of Dade Heritage Trust is the preservation and restoration of the Miami Marine Stadium. And we understand that there is a financial feasibility study out there right now to determine what actions the City might take regarding the Marine Stadium. So, in our thinking, we believe that approving a boat ramp that's adjacent to the stadium and could potentially impact the operation of the stadium is premature. And we would just ask that you wait on this decision until you have all of the information, all the financial information in front of you to see how best to operate that site. Thank you. Chair King: Thank you. Good morning. Jeremy Calleros Gauger: Good morning. Hi, everybody. Jeremy Calleros Gauger, I'm here on behalf of the administration for the Village of Key Biscayne, also to talk about PZ.12, the boat ramp. Although the Village doesn 't have a position on the boat ramp, whatever you decide, we have a very, very specific request. And our concern comes from the potential traffic impact on Rickenbacker Causeway, which is the lifeline for emergency services, et cetera, for Virginia -- through Virginia Key for Key Biscayne. So, it's critical for our sustained operation. And so, our specific concern is some -- a particular detail in the layout, which is currently -- the design shows the boat ramp and it delineates some parking spaces. I believe the number 72 -- don 't quote me on that -- which is a reasonable number in terms of it shouldn't impact traffic. However, the current drawings only show paint on asphalt with no curbs, no physical barriers between that parking and the rest of the very, very large site. If there's no separation, that could turn into a pretty chaotic situation. So, our very, very specific humble request is that some physical barriers be included to -- so that we really limit the actual activity to what's shown on the drawings. And so, that's to limit the parking and to limit the impact on the traffic because it's our lifeline so -- Vice Chair Carollo: I'm curious about something. Your main concern is traffic because -- Mr. Calleros Gauger: Potential traffic impact on the Rickenbacker. Vice Chair Carollo: Potential traffic impact on the Key, okay. Would the village council agree to stop all new construction of any high-rises, any additional buildings in Key Biscayne if we would agree to that? Mr. Calleros Gauger: That is a question Vice Chair Carollo: Because -- Mr. Calleros Gauger: -- better asked for the village council. Vice Chair Carollo: -- you guys have impacted traffic on Virginia Key tremendously throughout the years by the approval of I don't know how many high-rises over there, and I'm really concerned how many more you could approve into the future that would impact traffic on Virginia Key, in particular, the Cuban lizards. You know, a lot of them have been getting run over by so much traffic. City of Miami Page 8 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Mr. Calleros Gauger: So -- Vice Chair Carollo: And they might become extinct. Mr. Calleros Gauger: -- I can 't speak for the village council. What I can speak for is that the -- Key Biscayne is nearly 100 percent built out, so there 's not a lot of room -- Vice Chair Carollo: Well -- Mr. Calleros Gauger: -- for a lot of additional -- Vice Chair Carollo: -- I think you get the message. Mr. Calleros Gauger: I do. Vice Chair Carollo: You know, what's good for the goose should be good for the gander. And you know, you guys only have a one-way, you know, of looking at things; it's two ways. And most of the traffic that's there, it wasn't created by the City of Miami in any way and Virginia Key, of all places. It was created by Key Biscayne. So, every time that I hear the Village of Key Biscayne coming to complain on anything that we 're going to do at Virginia Key, I'm sorry, but I find it extremely hypocritical. And this is nothing related to you personally because I don't know you. I'm sure you're a fine, distinguished individual. But you know, you could deliver the message any way you so see fit. Mr. Calleros Gauger: Okay. Chair King: Thank you. Good morning. Richard Wilkey: Good morning. My name is Richard Wilkey, and I'm here with the United Boaters of Dade in support of the revitalization and expansion of the Miami Marina [sic] Stadium and boat ramp. We, as a group, wish to promote the ability of boaters to have access to our city's waterways. We also advocate for safe watercraft operation. The majority of the jet ski incidents that we all know of are not from our community. The opening of the ramp and others in the future will help in providing a law enforcement presence in this area, as well as others. We enjoy taking our friends, family, and children out on the water, so we also want to be safe and respectful of watercraft operation. The basin and Miami Marine Stadium were purpose built for motorboat racing, the first of its kind in the world. We feel, as a community, that it should continue to be utilized for its intended purpose. Thank you for your opportunity to speak today. Chair King: Thank you. Good morning, Elvis. Elvis Cruz: Good morning, Commissioner. I wish to speak on two separate items today. First of all, I'm going to speak on the Marine Stadium, the boat ramp. The stadium has always had a boat ramp. It's even in your City Code, Section 53-52, paragraph 7. I am an avid historic preservationist and a life member of Dade Heritage Trust. The Marine Stadium was built, and the basin was dug specifically for motorboat racing. The ramp's been there for six decades. It should never have been closed after Hurricane Andrew, but it's wonderful that the City now wants to reopen it; thank you. This is a wonderful opportunity to increase public access to the water. Some people want to keep out all motorboats because a minority of jet skiers are reckless. Please don't punish everyone for the sins of a few. The boat ramp will not interfere with the bay walk. By the way, you can see what I have on the screen. The - - on the left side, that's the piers that they want to build, the boat ramp, and you could see it's completely behind the shoreline of the basin, would not interfere with the City of Miami Page 9 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 basin in any way. Mangroves, which can interfere with the bay walk and the boat ramp, the City mitigated that. Please remember that, Commissioners, the City mitigated mangroves. It can be done. This project is an excellent example of historic preservation. If Dade Heritage Trust's mission is to advocate for historic preservation, why are they opposing the City's effort to restore the use of a historic public amenity at a historic public facility? That makes no sense. Are we going to send a message that we like the boat show and its $1.34 billion of economic benefit, but we don 't want people to use boats? That makes no sense. In closing, boaters are families and fishermen. Please do the right thing for the public by supporting this plan to restore and reopen the boat ramp. And now, I'd like to speak on a different item. May I speak to that other item? Chair King: Elvis, your time has just run out. Mr. Cruz: Yes, but there's more than one item that I'd like to speak to. Can I have 30 seconds? Chair King: I'm going to allow you, but it's two minutes per person public comment because then I'd run into the issue where someone might say, "Well, I'm speaking on 50 items." And then it would just -- Commissioner Reyes: That's right. Chair King: -- continue. So, it's not -- you know, the policy is you have two minutes for public comment and that will cover all of your public comment. And then I start a precedent, and I've been very firm with my two minutes. I've been very firm with my two minutes. So -- Mr. Cruz: May I have 30 seconds? Chair King: Thirty seconds. Mr. Cruz: Okay. Chair King: But -- and now that you know -- Mr. Cruz: Well -- Chair King: -- now that you -- now that you understand -- Mr. Cruz: Thank you. Chair King: Okay, go ahead. Victoria Mendez (City Attorney): Madam Chair. Mr. Cruz: Commissioner King -- Chair King: I'm sorry. Ms. Mendez: This is actually a historic moment that Elvis actually agrees with the Administration, so it was a beautiful moment in -- Mr. Cruz: It is. Ms. Mendez: -- you know -- City of Miami Page 10 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Mr. Cruz: Share the love. Ms. Mendez: -- in time. Chair King: Okay. Mr. Cruz: Okay, regarding PZ.5 and 6, the upzoning on Northwest 39th Street, Commissioner King, please put on your lawyer hat. There is trickery at play here. The developer cannot legally apply for an upzoning from T3-L to T3-O, so they applied for T4, and they're asking you to compromise down to T3-O. It's an old trick. We've seen it many times. It's a wicked attempt to evade the law. Section 7.1.2.8 requires that the City -- that the applicant has to show why the existing zoning is inappropriate, but there's nothing inappropriate about single-family zoning. It's all over the city. And David Snow, assistant Planning director, admitted that this is appropriate zoning when it came before the PZAB. Thank you. Chair King: Thank you. Good morning. Vice Chair Carollo: Chair, ifI can. I was just informed that the gentleman from Key Biscayne was our old assistant Planning director. I didn't recognize him. Commissioner Reyes: Yes. Ms. Mendez: Yeah. Vice Chair Carollo: I don't know what he did but -- Ms. Mendez: They get younger. Vice Chair Carollo: I don't know. Ms. Mendez: Everyone gets younger when they leave, Commissioner. Vice Chair Carollo: He -- he just has this new look that I didn't recognize. I'm sorry, Jeremy. Chair King: Good morning. Denise Galvez Turros: Good morning. Denise Galvez. I live at 2130 Southwest 20th Street. I'm also on the City's Historic and Environmental Preservation Board. But I'm here to speak as a resident, not about the use of the boat ramp or the traffic, even though I agree with those two points. Basically, what I'm asking is for you to defer the item until the Historic Board has had a chance to review the entire plan. Because what we do know is a fact is that the entire site is historically preserved and that this will affect the future of that site. So, until we have more information, I think it's wise and a good use of our time and resources and not waste any more of the time and resources of the City or our volunteer board and let us have the entire site plan presented to us before we decide on a new boat ramp that will for sure affect the future of that site. Thank you. Chair King: Thank you. Good morning. Zac Carrigan: Good morning. My name is Zac Carrigan, at 32330 Southwest 204th Ave, and I am the founder and president of United Boaters of Dade. I started this group in -- you want me to raise this? -- in support of the boaters' rights. And also, I have three daughters, so in 20 years, they can enjoy boating in Miami just like myself. I want to speak on -- that I don't believe this needs to be deferred. It -- their appeal City of Miami Page 11 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 was with the prior ruling, not necessarily the HEP Board. So, two things I want to talk about. The City of Miami just hosted the largest boat world -- boat show in the world, $1.34 billion economic impact, alright. We need to send a message to the City of Miami and Miami -Dade County that we care about boating in Miami. Also, someone says there was never a boat ramp there for public use. Let me quote Miami city ordinance 53-52, Section 7, and it states, "The public shall have access to the boat hoist and boat ramp facilities at the Marine Stadium during daylight hours at times when events are not being conducted." With that being said, it's not going to impact the Marine Stadium and its use when they want to have events there, and we 're fine with that. So, that's all I want to say. Thank you. Thank you, Commissioners. Vice Chair Carollo: Can -- Chair, can I ask him a question? Sir? Sir, you don't seem to be one of those that come down from Mount Olympus, the elitist few. You seem to be a regular "Joe the Plumber" type. Mr. Carrigan: Yes, sir. Vice Chair Carollo: How many boat ramps do we have now in the City of Miami, or even in Miami -Dade County? There 's so few. So, the average person that has a small boat, 15, 16, 20-footer, 20 plus feet, doesn't have a place to take their boat out. You have to be part of the wealthy, the rich and famous that has to have a bigger boat, be able to put it in the marina or put it in one of the racks -- they're still very expensive -- to be able to go out and enjoy the bay. And the bay is for everyone. It's not just for a few that are very wealthy and can afford it. That's not what the American Dream is about. You are correct -- and so is Elvis in what he stated -- that boat ramp is under City ordinance. It's been there for years. I remember as a kid that boat ramp was there. So, I don 't know what the big deal is, but you know, I keep hearing about the -- this big new map that we made of the Virginia Key area. But I will tell you, when I was mayor, we had a very different version, except for one part that stayed the same, and that was for the soccer fields in that area that hopefully can become a reality for next year. But everything else has changed. And you know why it changed so drastically? Because after I was gone, a future mayor, the one, I believe, just before Mayor Suarez, changed the whole board so that the master plan had been redone. I'm not sure when it was done, but the board was changed, so now we have a board that the vast majority of it are not City of Miami residents, and they have a different way of looking at things. You know, you have individuals that feel that they're part of the Mount Olympus crowd, the elitists. And Virginia Key is for everyone to enjoy, not just for a few, just like the boat ramps. We need a boat ramp here in Coconut Grove. I remember as a kid my father taking me out in a 16-footer that he had, and we would go out off of here in Coconut Grove. Different times, we would go out of Virginia Key, or the County ramp on the other side, and we were able to enjoy the bay because we had these ramps. If we don't have ramps, then how is the average person with a small boat supposed to go out and enjoy the bay? Commissioner Reyes: Madam Chair. Vice Chair Carollo: It would be impossible. Commissioner Reyes: Madam Chair, I want to add to what Commissioner Carollo is saying because, in my district, District 4, and around Flagami, there are a lot of hardworking individuals and families that they own small boats. Not everybody can pay -- and you're absolutely right -- can pay to have the boat at a marina or one of those racks. And besides, they are full. Even if you want to hire somebody -- I mean, rent one of those spaces, you can't because they are full. And most of the people that they had -- they love boating and they made a sacrifice and they bought a boat, they need a place where they can -- they need a ramp to put in the boat -- the water. So, I City of Miami Page 12 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 think it -- and that ramp been there. That's what I said before. The ramp was there forever. I mean, what is -- the complaint is about the basin or about the ramp because there is no argument about the ramp. The ramp was there. The only thing that we 're doing is we are making it better and bringing it back and that's it, you see. That's it. Chair King: Thank you. Mr. Carrigan: Thank you. Chair King: Good morning. Maria Elena Rodriguez: Good morning, good morning. My name 's Maria Rodriguez. Vice Chair Carollo: Can you put that down -- Ms. Rodriguez: Oh. Vice Chair Carollo: -- so we can hear you? Great, thank you. Ms. Rodriguez: My name is Maria Elena Rodriguez, aka (also known as) Kittee. I would like to discuss SR (Second Reading) 131.39, when we're talking about limiting time when people give you their minutes. According to this, the Virginia Key Trust, when we were discussing the last time that I was here with the Virginia Key, the gentleman spoke for 45 minutes. According to this, it was deferred on 1/26 for people not to be able to defer their minutes to another person. I'd -- you're supposed to come in today and we 're supposed to discuss that. I'd like to know where do we stand on that when it comes to people saying, "Well, I give you the minutes," and whatnot. Chair King: The legislation will come up later on today throughout our -- you know, as our meeting unfolds, we'll get to that. Ms. Rodriguez: Because it would be nice for us to be able to get our minutes and have people to say what we need to say. Chair King: Well, the legislation does allow for someone to give their minutes, but not a hundred people to give one person their minutes. Ms. Rodriguez: So, that would be a cap on that, how many people are allowed. Chair King: If there will -- there is -- Commissioner Reyes: Yes. Chair King: -- going to be a cap, yes. Ms. Rodriguez: Okay, thank you so much. Vice Chair Carollo: Be a cap for -- Chair King: Thank you. Vice Chair Carollo: -- three additional minutes -- Ms. Rodriguez: Thank you for your attention. City of Miami Page 13 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Vice Chair Carollo: -- so you could have a total offive minutes. Commissioner Reyes: Seven. Ms. Rodriguez: Pardon? Vice Chair Carollo: It was five, I believe. Commissioner Reyes: No, seven minutes. Chair King: It's five and then -- Vice Chair Carollo: Right. Chair King: -- if we -- Ms. Mendez: A total offive -- Commissioner Reyes: But five if we -- Ms. Mendez: -- with super majority says -- Chair King: Right. Commissioner Reyes: If we vote on it -- Chair King: On it, we can extend it. Commissioner Reyes: -- and we can get seven. But if you have a convincing argument and -- that it is necessary additional -- because that was my -- and still is my concern, you know. There are some times that we have very technical items that they require experts to -- I mean, to speak either in favor or against. And if that's the case, I think that we should allow a little more time for people to do it. Ms. Rodriguez: That would be so (UNINTELLIGIBLE). Chair King: So, yes, there -- Commissioner Reyes: Okay. Chair King: -- there's safety built into it. Commissioner Reyes: That's right. Chair King: And the purpose of it is to continue to allow everyone to have a voice and to be able to come here and share your concerns with this body and we will continue to listen. Ms. Rodriguez: God bless you. Thank you so much -- Chair King: Thank you. Ms. Rodriguez: -- for your time. Chair King: Thank you. Good morning. City of Miami Page 14 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Frantz Eloi: Good morning, all. My name is Frantz, F R A N T Z,• last name, E-L- O I. I live at 68 Northwest 39th Street. I'm in the proud district of number five. We have before us today PZ.5 and PZ. 6. Thirty-ninth Street sits directly across the street from the Design District. Eleven years ago, I stood in front of you and I fought against Craig Robins of the Design District on behalf of my community and I won. I regretted it. I regretted it because once he -- once they have won, they have turned their back on our community. It's a case that we could have sat down and worked things out and benefit both party. Well, today comes another investor because we 're prime properties for investors that sit in front of you that's going to be asking you to turn a T4 to a T-0 [sic]. They did meet with us this time around, and we agreed, as a community, to bypass the T4 and make it a T-0, and there's quite a few T-0 in the community already. So, I urge you to -- yes, for this particular item because once you say that, then the community now has got some investors in the community that we can work with. Thank you. Chair King: Thank you. And this concludes the public comment for today. We will proceed now -- Ulysee Kemp: Commissioner -- excuse me, Chairperson. Chair King: You -- but you've already spoken. We got your comment. Mr. Kemp: I did not speak. Chair King: You didn't come up? Mr. Kemp: No. Chair King: Oh, you just spoke to me, sorry. Go ahead. Mr. Kemp: My name is Ulysee Kemp. I reside at 76 Northwest 39th Street, Miami, and I'm the president of Buena Vista Heights Neighborhood Association. We -- I'm here to speak on PZ.5 and 6. And as Frantz said, the developer did meet with the neighborhood and we had some interesting comments with the PZ Board. Actually, they had some interesting comments to make to us regarding the application for T4. This was something that they said that this is common practice. They'll ask for T4 just to try to make -- work it down to what they really wanted, which is the T3-0. There are no T3-0s in Buena Vista Heights neighborhood at this time. And I looked at some of the other two-story buildings that were built in our neighborhood, and they're built within the code that's already existing in our neighborhood. We have several neighbors which have replied with comments online and they are in the system if you want to look at them, and they're making comments that they don't care for any zoning changes. At this point in time, we're trying to maintain the integrity of the residential neighborhood. Chair King: Thank you. Is there anyone else that would like to speak on behalf of any item in this -- on this agenda at this time? Seeing none, the public comment period is now closed. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. City of Miami Page 15 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 END OF MAYORAL VETO(ES) City of Miami Page 16 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla CA.1 RESOLUTION 13488 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE RETROACTIVE EXTENSION AND AMENDMENT TO THE MANAGEMENT AGREEMENT ("AGREEMENT") WITH THE DEPARTMENT OF OFF-STREET PARKING OF CITY OF MIAMI, AN AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI, D/B/A THE MIAMI PARKING AUTHORITY ("DOSP") FOR THE JAMES L. KNIGHT INTERNATIONAL CENTER PARKING FACILITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS, EXTENSIONS, AND DOCUMENTS NECESSARY TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-23-0085 This matter was ADOPTED on the Consent Agenda. Chair King: We may start with our consent agenda item. Do I have a motion? Commissioner Reyes: Yeah, I move -- Vice Chair Carollo: Second. Commissioner Reyes: -- I move CA.1 to CA.7. Chair King: I have a second. Vice Chair Carollo: Second. Chair King: I have a motion and a second to move the consent agenda items. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 17 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 CA.2 13476 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT, TITLED "FY 2023 MIAMI DUI PATROL OVERTIME PROJECT" AND ACCEPTING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") IN THE AMOUNT OF $90,000.00, WITH NO MATCHING FUNDS REQUIRED; APPROPRIATING THE FUNDS TO THE MIAMI POLICE DEPARTMENT TO PROVIDE RESOURCES INTENDED TO REDUCE ALCOHOL -IMPAIRED DRIVING FOR HIGHWAY SAFETY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FDOT; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR ANY OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT AWARD. ENACTMENT NUMBER: R-23-0086 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see Item Number CA.1. CA.3 RESOLUTION 13247 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THREE (3) RIGHT-OF-WAY DEEDS OF DEDICATION AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("DEEDS"), FOR RIGHT-OF- WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEEDS. ENACTMENT NUMBER: R-23-0087 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see Item Number CA.1. City of Miami Page 18 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 CA.4 RESOLUTION 13437 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RECOMMENDING, PURSUANT TO SECTION 54-16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), THAT THE PORTION OF NORTHEAST 34TH STREET ROUGHLY BOUNDED BY BISCAYNE BAY ON THE EAST AND EXTENDING WEST APPROXIMATELY 238 FEET FROM THE SEAWARD FACE OF THE BULKHEAD ALONG BISCAYNE BAY, AS DEPICTED IN THE ATTACHED EXHIBIT "A" (THE "PEDESTRIAN PLAZA AREA") BE CLOSED TO VEHICULAR TRAFFIC; PROVIDING FOR TRANSMITTAL TO MIAMI-DADE COUNTY; AUTHORIZING IMPROVEMENTS TO THE PEDESTRIAN PLAZA AREA AT THE ABUTTING OWNER(S)' EXPENSE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0088 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see Item Number CA.1. CA.5 RESOLUTION 12633 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF CAROYLN JOHNSON, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $250,000.00, WHICH INCLUDES 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 AGREEMENT, 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 $249,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000, FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-23-0089 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see Item Number CA.1. City of Miami Page 19 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 CA.6 13363 Office of the City Attorney CA.7 13441 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY PURA MEDINA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $135,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED PURA MEDINA, ET AL. VS. CITY OF MIAMI, ET AL., PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 17-013884 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-23-0090 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TAMECA WILLIAMS, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $115,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED TAMECA WILLIAMS V. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 2020- 027399 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-23-0091 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see Item Number CA.1. END OF CONSENT AGENDA City of Miami Page 20 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PH.1 13202 Department of Housing and Community Development PH - PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIPS PROGRAM ADMINISTRATION FUNDS, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM DELIVERY FUNDS TO SUNSHINE FOR ALL, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE 2022-2023 FISCAL YEAR AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, SUBJECT TO THE AVAILABILITY OF FUNDING, TO PROVIDE HOUSING QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI; 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-23-0092 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Vice Chair Carollo: Motion for PH.1 -- Commissioner Reyes: And 2. Vice Chair Carollo: -- through PH.7. Commissioner Reyes: No. They have been -- Chair King: Those were deferred. They require -- Commissioner Reyes: 3 to 7 was deferred, Commissioner. Vice Chair Carollo: Right. Commissioner Reyes: Just -- we have 1 and 2. Vice Chair Carollo: So, yeah, yeah, right, right. PH.1 -- Commissioner Reyes: And 2. Chair King: All the way through 7. Vice Chair Carollo: -- PH.2. Commissioner Reyes: I second. City of Miami Page 21 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Vice Chair Carollo: Okay. Madam City Attorney, four -fifth -- is that four -fifth of the Commission, or four -fifth -- Commissioner Reyes: That's a good question. Vice Chair Carollo: -- of the body present? Commissioner Reyes: That 's a good question. Victoria Mendez (City Attorney): Of the Commission, so it would have to be four votes, not of those present. When it says of those present, then it's whoever 's here or if it's quorum. But when it just says of the Commission, it's of the body. Vice Chair Carollo: Okay. Commissioner Reyes: Okay, I had that same question. Chair King: So, may I have a motion to pass the resolutions, RE.1 to 3? Todd B. Hannon (City Clerk): My apologies, Chair. Commissioner Reyes: Well, no, we haven't voted -- Vice Chair Carollo: Well, we haven 't voted. Commissioner Reyes: -- on PH.1 and on -- Vice Chair Carollo: PH.1 and 2, we haven 't voted on. Commissioner Reyes: That's right. Chair King: PH (Public Hearing) -- oh, that's not -- Vice Chair Carollo: Yeah, PH.1 and 2. Commissioner Reyes: Moved Commissioner Carollo -- Chair King: Oh, okay. Commissioner Reyes: -- second by me. Vice Chair Carollo: Yeah. Chair King: I thought they were all four -fifths. All in favor? The Commission (Collectively): Aye. City of Miami Page 22 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PH.2 13268 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PETROLEUM RESTORATION PROGRAM SITE ACCESS AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO GRANT SITE ACCESS TO FDEP'S CONTRACTOR IN ORDER TO CONDUCT A FDEP-FUNDED ENVIRONMENTAL ASSESSMENT ON, AND IF NECESSARY, A FDEP-FUNDED REMEDIATION OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 5215 WEST FLAGLER STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO AGREEMENTS WITH FDEP'S CONTRACTOR IN ORDER TO PERMIT ACCESS TO THE PROPERTY TO COMPLETE SAID ASSESSMENT AND REMEDIATION, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0093 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.2, please see Item Number PH.1. City of Miami Page 23 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PH.3 RESOLUTION 13420 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00), TO CIRCLE OF BROTHERHOOD, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CIRCLE OF BROTHERHOOD"), IN ORDER TO IMPLEMENT CIRCLE OF BROTHERHOOD'S COVID-19/PANDEMIC COMMUNITY WELLNESS AND RECOVERY INITIATIVE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CIRCLE OF BROTHERHOOD SUBJECT TO CIRCLE OF BROTHERHOOD PROVIDING THE REQUESTED INFORMATION TO THE SATISFACTION OF THE CITY AS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PH.3 was deferred to the March 9, 2023, City Commission Meeting. City of Miami Page 24 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PH.4 RESOLUTION 13458 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B (A) OF THE CHARTER OF THE CITY OF MIAMI (" CITY CHARTER"), BY A FOUR -FIFTHS AFFIRMATIVE VOTE, PURSUANT TO SECTION 18- 85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND DOLORES, BUT YOU CAN CALL ME LOLITA, LLC. ("TENANT"), GRANTING A LESSEE OF CITY -OWNED PROPERTY A ONE-TIME EXTENSION DURING THE LAST FIVE YEARS OF ITS LEASE, WITHOUT THE NECESSITY OF A REFERENDUM, FOR THE PURPOSE OF FUNDING ADDITIONAL CAPITAL IMPROVEMENTS; FOR AN EXTENDED TERM NOT TO EXCEED TWENTY-FIVE PERCENT OF THE ORIGINAL TERM OR TEN YEARS, WHICHEVER IS LESS; FOR FAIR MARKET VALUE, FOR THE CONTINUED USE OF THE CITY OWNED PROPERTY LOCATED AT 100 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF OPERATING A RESTAURANT, FOR A MONTHLY USE FEE OF SEVENTY FOUR THOUSAND ONE HUNDRED THIRTY NINE DOLLARS AND FIFTY EIGHT CENTS ($74,139.58) PLUS FEES AND ANNUAL PERCENTAGE INCREASES, FOR AN EXTENDED TERM OF SIX (6) YEARS AND THREE (3) MONTHS, WITH TERMS AND CONDITIONS TO BE MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE USES CONTEMPLATED HEREIN. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PH.4 was deferred to the March 9, 2023, City Commission Meeting. City of Miami Page 25 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PH.5 RESOLUTION 13487 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING FUNDS FROM THE VENTURE MIAMI INITIATIVE ACCOUNT NO. 00001.150009.882000.0000.00000, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000.00) TO THE FLORIDA INTERNATIONAL UNIVERSITY FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("FIU FOUNDATION"), TO ESTABLISH THE CITY OF MIAMI ("CITY") FIRST GENERATION SCHOLARSHIP INITIATIVE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FIU FOUNDATION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PH.5 was deferred to the March 9, 2023, City Commission Meeting. City of Miami Page 26 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PH.6 RESOLUTION 13490 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S) AND RECOMMENDATION(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A LUMP SUM BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS ($175,000.00) ("GRANT") TO CUBAN MUSEUM, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CUBAN MUSEUM"), IN ORDER TO COMPLETE THE AMERICAN MUSEUM OF THE CUBAN DIASPORA'S PERMANENT EXHIBITION ON CUBAN AMERICAN HISTORY AND ITS PROMOTION THROUGH TOUR OPERATORS, GUIDES AND ADVERTISEMENTS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE CUBAN MUSEUM AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PH.6 was deferred to the March 9, 2023, City Commission Meeting. City of Miami Page 27 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PH.7 RESOLUTION 13491 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE SALE, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, OF THE PROPERTIES APPROXIMATELY LOCATED AT 12 SOUTHWEST 47 AVENUE, 2601 SOUTHWEST 13 STREET, 130 SOUTHWEST 51 PLACE (A AND B), 700 SW 63 AVENUE, AND 632 SOUTHWEST 63 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO QUALIFIED APPLICANTS IN COMPLIANCE WITH THE CITY'S MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS REGULATIONS AND PROGRAMS, AS MAY BE AMENDED, AND ANY OTHER APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES AND REGULATIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PH.7 was deferred to the March 9, 2023, City Commission Meeting. END OF PUBLIC HEARINGS City of Miami Page 28 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 RE - RESOLUTIONS RE.1 RESOLUTION 13394 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE IN CAPACITY BEYOND THE CURRENT ALLOWABLE PER WORK ORDER AWARD AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00), PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") CONTRACT NO. 501331 FOR A MISCELLANEOUS MANAGEMENT ADVISORY CONSULTING SERVICES ("MMACS") POOL, FOR PROGRAM MANAGEMENT SUPPORT SERVICES FROM AECOM TECHNICAL SERVICES, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("AECOM"), FOR THE CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI"), IN THE AMOUNT OF ONE HUNDRED SIXTY SIX THOUSAND SEVEN HUNDRED THIRTY TWO DOLLARS AND SIXTY CENTS ($166,732.60) FOR THE PHASE 2.3a DATA MIGRATION ENTRY SUPPORT SERVICES FOR THE eBUILDER IMPLEMENTATION SUPPORT SERVICES PROJECT ("SERVICES"), THEREBY INCREASING THE ORIGINAL PHASE 2 AMOUNT FROM ONE HUNDRED SEVENTY NINE THOUSAND NINE HUNDRED THREE DOLLARS AND FORTY ONE CENTS ($179,903.41) TO A NOT -TO -EXCEED AMOUNT OF THREE HUNDRED FORTY SIX THOUSAND SIX HUNDRED THIRTY SIX DOLLARS AND ONE CENT ($346,636.01); ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM OCI, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0094 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Vice Chair Carollo: Motion, RE. 1 through RE.4. City of Miami Page 29 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Commissioner Reyes: Second. Todd B. Hannon (City Clerk): And -- Chair King: All in -- Mr. Hannon: -- Chair -- Chair King: -- all in -- Mr. Hannon: -- Chair, just for the record, I think the Budget Director needs to make a brief statement. RE.4 is to be amended on the floor. Chair King: Okay. Vice Chair Carollo: Okay. Commissioner Reyes: Yes. Marie Gouin (Director, Management and Budget): Good morning, Chairwoman, Commissioners. We are making a couple of amendments to RE.4 into the exhibit that's attached to that item. All the project numbers that have "to be determined" now have project numbers been assigned to them. And Line 66 on the net is also being changed to reflect the amount that was being transferred was to -- was over $300,000, now $269,621. That's what the change is for that item. And then the difference, which is $94,000, is going to Line 79, to the Upper Eastside district office renovation and the MPD (Miami Police Department) canine training. And also, adding another line, 80, from B7173772 project number, which is $58, 000. It's also going for the Upper Eastside district office renovation, in the amount of $58, 000. And there's also another item being added for Line 81, going from Project Number 873102E to 40-B203608, which is traffic calming, in the amount of $400,000. And that's it. Chair King: Do I have a motion to accept the amendment? Commissioner Reyes: Move it. Vice Chair Carollo: Go ahead. Chair King: Sec -- there's a motion and a second to accept the amendment. Vice Chair Carollo: There is. Chair King: And a motion to approve the RE (Resolution) items. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 30 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 RE.2 13250 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "URBAN AREA SECURITY INITIATIVE ('UASI') GRANT PROGRAM FISCAL YEAR 2022" AND APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME IN THE AMOUNT OF $14,012,500.00 CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY DIRECTLY TO THE STATE OF FLORIDA'S DIVISION OF EMERGENCY MANAGEMENT ("GRANT AWARD"); AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE FEDERALLY -FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND THE FISCAL YEAR 2022 UASI GRANT PROGRAM, AS NECESSARY; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSES PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CONTIGUOUS PARTNERS OF THE CITY OF MIAMI ("CITY") SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY'S DEPARTMENT OF FIRE - RESCUE, CONTINGENT UPON FUNDING OF THE PROJECT BEING SECURED. ENACTMENT NUMBER: R-23-0095 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.2, please see Item Number RE.1. City of Miami Page 31 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 RE.3 13251 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT SUPPLEMENTAL GRANT FUNDING IN THE AMOUNT OF $950,000.00 FROM THE DEPARTMENT OF HOMELAND SECURITY'S SECURING THE CITIES PROGRAM 2019 ("GRANTOR") FOR THE PURPOSE OF ENHANCING REGIONAL CAPABILITIES IN DETECTING, IDENTIFYING, AND RESPONDING TO RADIOLOGICAL AND NUCLEAR THREATS THROUGHOUT MIAMI-DADE, BROWARD, MONROE, AND PALM BEACH COUNTIES ("SUPPLEMENTAL GRANT"); APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $950,000.00 FOR A TOTAL OF $2,927,434.00, CONSISTING OF THE SUPPLEMENTAL GRANT FUNDING AND THE PREVIOUSLY AWARDED GRANT FUNDING OF $1,977,434.00; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID SUPPLEMENTAL GRANT; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0096 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.3, please see Item Number RE.1. City of Miami Page 32 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 RE.4 RESOLUTION 12735 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, AUTHORIZING, AND DIRECTING THE CITY MANAGER TO UNDERTAKE THIS AMENDMENT IN ORDER TO ADD TO AND TO REVISE CAPITAL PROJECTS IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2022-2023 MULTI- YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 10, 2022 PURSUANT TO RESOLUTION NO. R-22-0321, AS SUBSEQUENTLY AMENDED, AND TO RE -APPROPRIATE, DE - APPROPRIATE, AND APPROPRIATE FUNDING FOR THE EXISTING AND ADDED PROJECTS IN ACCORDANCE WITH EXHIBIT "A", ATTACHED AND INCORPORATED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY OFFICIALS AND DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH FOR ONGOING CAPITAL PROJECTS, PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; 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; PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0097 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.4, please see Item Number RE.1. END OF RESOLUTIONS City of Miami Page 33 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 10746 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TITLED "STREETS AND SIDEWALKS/IN GENERAL" AND CHAPTER 54/ ARTICLE VIII OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/USE OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATION SYSTEMS" TO UPDATE THE ESTABLISHED PROCESS AND REQUIREMENTS FOR CONSTRUCTION, PLACEMENT, INSTALLATION AND MAINTENANCE OF COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14150 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Vice Chair Carollo: Motion for SR.1 through SR.4. Commissioner Reyes: Second. Vice Chair Carollo: Discussion, SR.4. The concern that I have, Chairwoman, is that, as I have been told, we really only have had 13 cases or complaints under this pilot program. After further review, I believe the director told my office that there were some additional 40, but they were not under this code, which means those 40 will be wiped out once we pass this out. My concern is that we're not being active at all in this in enforcing any of it. And it's your district. It's Wynwood, which, you know, it's another world onto itself. But I don't know the legalities of how this is going to be able to play out if we're challenged. The 100 feet has been challenged and that stood. But I'm very concerned this going to other areas of our city right now. Chair King: Well, you know, this is for City -owned properties. This is specific to City -owned property. And I believe that it has been working. We 're just -- we are extending the pilot program an additional year. It went along quite smoothly, and I believe that it will continue to do so. And at any time, if the intent of the legislation is not being -- you know, is not being adhered to, then we are welcome to come back and revisit it. But it is a good legislation for this area, and I believe our Code Enforcement director would like to say something on this. Robert Santos Alborna: Good morning, Commissioners, Madam Chairwoman. Robert Santos Alborna, Code Compliance director. The pilot program, as I understand it specifically from feedback from the Wynwood Business Improvement District, has been working rather effectively. They are very pleased with the process. As I had mentioned during our discussion, there is -- one of the concerns that I have is that we're going with a assessment of -- and utilizing decibel readers, which is kind of City of Miami Page 34 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 a new process. And so, for now, my recommendation will be to remain on course so that we can continue to test the process and until it goes through a challenge and an appeal in the courts. And -- Vice Chair Carollo: Can we --? We have a City ordinance, but that City ordinance would not apply to City -owned land, which this is what we're talking about here. Even though -- Arthur Noriega (City Manager): Commissioner -- Victoria Mendez (City Attorney): Throughout the (INAUDIBLE). Mr. Noriega: -- if we can -- yeah -- you need to clarify the issue on the City -owned land reference because that's not -- that's not -- Chair King: This legislation for -- is for City -owned property only. Mr. Santos Alborna: Okay. Chair King: It does not apply -- Mr. Santos Alborna: Okay. Chair King: -- to every other -- it 's City -owned property, City -owned venues. Mr. Noriega: No. Mr. Santos Alborna: My apologies because we 're -- Mr. Noriega: Not this pilot program. Mr. Santos Alborna: Not this pilot program. Mr. Noriega: This is -- Mr. Santos Alborna: The pilot -- Mr. Noriega: -- this is the Wynwood district. This is not -- Mr. Santos Alborna: Yes. Mr. Noriega: -- this is not City -owned property. Vice Chair Carollo: That's what I -- yeah, that's what I originally -- Chair King: Oh, wait a minute. Mr. Santos Alborna: Yeah. Chair King: Okay. Vice Chair Carollo: -- was told. Mr. Noriega: You're thinking of another -- Mr. Santos Alborna: Yes. City of Miami Page 35 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Mr. Noriega: -- another piece of legislation. I think it's -- Chair King: The one that we just passed. Mr. Noriega: Yeah. Vice Chair Carollo: Yeah. Mr. Noriega: They're thinking of that one, yeah. Chair King: Okay, I'm thinking of the -- Mr. Santos Alborna: Correct. Chair King: Okay, okay. Mr. Santos Alborna: My apologies. Chair King: But this one is a good one as well. Mr. Santos Alborna: This is for Wynwood. Chair King: This is for the NRD-1 (Neighborhood Revitalization District 1). Mr. Noriega: Yes. Vice Chair Carollo: Okay. Mr. Santos Alborna: Yes. Chair King: NRD-1, okay. Mr. Santos Alborna: And it's -- Vice Chair Carollo: But let -- Mr. Santos Alborna: -- and it's been extended for one more year based on feedback from -- and there -- Mr. Gonzalez is here to -- Vice Chair Carollo: Chair, ifI may ask the director a question. And I'm curious how this worked with another ordinance that we have in the books. And that ordinance is that, at 11 p.m. citywide -- and this has been in the books for years -- any music outside, whether it's a radio, whatever it is, don't matter how loud, how low, you cannot have. You have to have it indoors. And then indoors, ifyou -- with door shut - - and that's what the ordinance says -- if you hear it from 100 feet away, then you can't have it. But the ordinance is clear that in any private property in the City, music stops after 11, any kind of music. It doesn't matter how loud, how low. How does this work with this here now? Mr. Santos Alborna: So, one of the concerns that I need to follow up with the Manager is, as it's written, this pilot program, it exempts our -- the rest of the ordinance; 36-1, as it relates to excessive, unusual, unnecessary, as you said, outside music after 11. During this pilot process, this stands on its own and it's separate with its own measurement process -- Vice Chair Carollo: Well -- City of Miami Page 36 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Mr. Santos Alborna: -- right? So, there are pros and cons with it. Vice Chair Carollo: Yeah. I'm very concerned with that -- Mr. Santos Alborna: Right. Vice Chair Carollo: -- because I'm not as familiar with Wynwood as I am with other residential areas of the city. I do know that we had a lot of complaints that came into my office some time back from one or two buildings from the music. In fact, I was told there was one building that they couldn't rent on one side of the building at all because of the music coming from some of the establishments there. But I'm very concerned this going into other parts of the city. In my district, in Commissioner Reyes' disfrict, and Commissioner Diaz de la Portilla's disfrict, even here in most of Commissioner King's disfrict, you have a lot of residential areas, and it would be devastating. In fact, I don't see how it would work. So, I want to make it clear thatl don't want this to be the door to then do away with the ordinance that we have that just described -- Mr. Santos Alborna: Right. Vice Chair Carollo: -- into the future and this becomes the norm. Commissioner Reyes: Yes. Chair King: Well -- Commissioner Reyes: Point well taken. Chair King: -- because we are just extending -- Mr. Santos Alborna: Right. Chair King: -- the pilot program, we would have to make it a program. So, we have one more year to study it, see its application and how well it does. And I -- he will be able to give us more information as a part of the Wynwood BID (Business Improvement District). Commissioner Reyes: And just -- before that, I want to ask him a question. Mr. Santos Alborna: Yes, sir. Commissioner Reyes: You stated that the program is working fine. Could you define by when you said `fine" what do you mean? Mr. Santos Alborna: Yes. So, the process was developed by the Business Improvement District, the -- Commissioner Reyes: Yes. Mr. Santos Alborna: -- businesses therein. One of the challenges that we have in our current process is when the excessively loud music, it takes place right next door to the business, right, abutting one to the other. And when that happens, the 100 foot distance does not come into effect. This is, I think, a contribute -- a major contribution that this pilot is doing that when we -- when come -- when there comes a time for us to assess, that I think we should definitely take into consideration. There is one venue that, for the last year, has had a -- issues, a number of issues, and we are now ready to proceed with the potential revocation of the BTR (Business Tax City of Miami Page 37 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Receipt). And I say potential because we may give them one more chance. But as it relates to process, as it relates to the escalating fines, those things are good and these are things that I'd like to replicate moving forward for citywide. But -- Commissioner Reyes: But wait, wait, wait, wait. What do you mean by "citywide"? Mr. Santos Alborna: Citywide -- Commissioner Reyes: Replicate this? Because I don 't want this. Mr. Santos Alborna: No, no, sir. Vice Chair Carollo: There we go. Mr. Santos Alborna: The progression -- Commissioner Reyes: You see -- Mr. Santos Alborna: -- offine -- Commissioner Reyes: Oh, the progression -- Mr. Santos Alborna: -- which right now -- Commissioner Reyes: -- offines. Mr. Santos Alborna: Right. Commissioner Reyes: Okay. Mr. Santos Alborna: Which is something that -- Commissioner Reyes: Okay. Mr. Santos Alborna: -- I have been talking about from day one. Commissioner Reyes: Okay, that's -- Mr. Santos Alborna: So, that's something that -- Commissioner Reyes: I want to sped that -- Mr. Santos Alborna: Yes. Commissioner Reyes: -- because I want to be clear -- Mr. Santos Alborna: Yes. Commissioner Reyes: -- that there is not in the works -- there is not in the plans -- I mean of anybody's plan -- Mr. Santos Alborna: Right, right. Commissioner Reyes: -- to extend this program to other neighborhoods. Mr. Santos Alborna: It's only for Wynwood. City of Miami Page 38 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Commissioner Reyes: Okay. If it's only for Wynwood, one more year. If it doesn't work, it would do away with it. Chair King: Yes. Mr. Santos Alborna: Yes, sir. Chair King: Yes. Commissioner Reyes: The last question -- Mr. Santos Alborna: Yes, sir. Commissioner Reyes: -- how many complaints have you received from residents there? Mr. Santos Alborna: So, we have data -- the majority are complaint driven, the vast majority. And I am in the midst of doing the assessment, but we have a number -- we have a total of 53 citations during a period of one year. Some of them have been progressive. So, these are the ones that are valid. So, without -- I don 't want to make up numbers, but probably in the vicinity of 80 complaints. Commissioner Reyes: Residents? Mr. Santos Alborna: Residents and businesses. Commissioner Reyes: Or all the businesses? Mr. Santos Alborna: Yes. Commissioner Reyes: Because I do understand that if you have loud music in one establishment that is next to another establishment, that real loud music, you see -- I mean, they're going to be competing. One is going to be complaining about the other. I'm not interested about that. I'm interested about the residents. Mr. Santos Alborna: Right. So, I can't tell you right now, Commissioner. I'll be happy to drill down -- Commissioner Reyes: Please do. Mr. Santos Alborna: -- and happy to check -- Commissioner Reyes: To keep it -- Mr. Santos Alborna: -- check individually. Commissioner Reyes: -- when it comes again. Mr. Santos Alborna: Now, the Wynwood BID -- Commissioner Reyes: Because it will come again. Chair King: Right. Mr. Santos Alborna: -- the Wynwood BID is -- Commissioner Reyes: That's right. City of Miami Page 39 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Mr. Santos Alborna: -- is interesting because not only -- Chair King: Mr. Director -- Mr. Director, let's let him speak because we're -- you know, I think my colleagues are in agreement that we're going to allow it to go as a pilot program another year. Let's give him an opportunity -- Mr. Santos Alborna: Sure. Chair King: -- to speak. Manny Gonzalez: Good morning, members of the Commission. My name is Manny Gonzalez, executive director of the Wynwood Business Improvement District since 2017, and I was in Coconut Grove since 2009 in the BID over there. So, to give you some history, pre pandemic, there was an explosion of basically Wynwood, as always, is a very busy and energetic district. It welcomes everybody. So, 1 report to a board of seven. That board includes owners of these residential complexes. So, what we did was, with the Commissioner at the time, we reached out to New York and to other big cities to find out exactly how would we be able to replicate how they solve these issues in dense areas like this. We then created a report. We submitted it to the City. We created thresholds. The issue that was the biggest one was what you had mentioned, Commissioner. You have two entertainment -- Commissioner Reyes: Yes. Mr. Gonzalez: -- you know, a restaurant and a lounge. So, when the 100 feet comes into effect, the officer gets there, but you really can 't find the source because it's like - - so what did we do? We added a draft pilot program that calls for our office to purchase these machines, these noise meters. What happens now is -- and don 't get it - - it really happens, businesses report to other businesses. Commissioner Reyes: Yes, I know. Mr. Gonzalez: That's competition. So, what we end up doing is, the officers, even -- the police officers and Code Compliance have these machines. They can come up to a site. They could actually meet the manager, take what the decibel level. "Sir, you need to drop it to these levels as prescribed in this resolution and ordinance." Now, the Compliance or police officer could come back in an hour, and if that is up, he takes the picture. "You're in violation. Close this up," and then that's how his department begins with fines. Commissioner Reyes: Okay. Mr. Gonzalez: Luckily, I was at the center of this whole noise thing, so personally, to me, it's brought calm to the entire district. The board unanimously approves it, and we just respectfully ask that you help us continue to not go back to those pre - pandemic wild heydays. And if you have any questions, I'll be happy to answer. Chair King: No, thank you. And as you have said, Wynwood is derent. Commissioner Reyes: Yes, it is. Chair King: Wynwood is the heart of activity every single day. And this measure seems to be working for all so thank you for your support in allowing us to continue to test it for another year -- Commissioner Reyes: Okay. City of Miami Page 40 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Chair King: -- as a pilot. So, I have a motion and a second. Commissioner Reyes: For 1 through 4. Chair King: For SR.1 through 4. All in favor? Nicole Ewan (Assistant City Clerk): Chair, the title needs to be read into the record. Chair King: Victoria. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.4. The Ordinance was read by title into the public record by the City Attorney. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. SR.2 ORDINANCE Second Reading 13139 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO LIMIT WHEN MEMBERS OF THE PUBLIC MAY DONATE SPEAKING TIME TO OTHER MEMBERS OF THE PUBLIC; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14151 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number SR.2, please see "Public comment for all item(s) in the agenda" and SR.1. City of Miami Page 41 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 SR.3 ORDINANCE Second Reading 13191 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE IX/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FINANCIAL INTEGRITY PRINCIPLES," MORE SPECIFICALLY AMENDING THE RESERVE POLICIES, FINANCIAL OVERSIGHT AND REPORTING, EVALUATION COMMITTEES, BASIC FINANCIAL POLICIES, AND OTHER PROVISIONS OF SECTION 18-542 OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14152 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number SR.3, please see Item Number SR.1. SR.4 ORDINANCE Second Reading 13142 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 36/SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION;" FURTHER AMENDING SECTION 36-5 OF THE CITY CODE, TITLED "SAME -HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS OF CITY -OWNED PROPERTY; RELAXATION," TO EXTEND THE PILOT PROGRAM FOR NOISE DISTURBANCES WITHIN THE NRD-1 DISTRICT IN THE CITY OF MIAMI FOR ONE (1) FURTHER YEAR; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14153 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number SR.4, please see Item Number SR.1. City of Miami Page 42 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 END OF SECOND READING ORDINANCES City of Miami Page 43 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PZ.1 13314 Department of Planning PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, WITH CONDITIONS, AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3; ARTICLE 6, TABLE 13; APPENDIX J, WYNWOOD NRD-1, SECTION 4, TABLE 1; AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114 ("MIAMI 21 CODE"), AS AMENDED, AND SECTION 4-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT AN ALCOHOL SERVICE ESTABLISHMENT ("ASE") IN EXCESS OF 5,000 SQUARE FEET ON THE REAL PROPERTY DESIGNATED AS "T6-8- 0" URBAN CORE TRANSECT ZONE - OPEN WITHIN THE NRD-1 OVERLAY, LOCATED AT APPROXIMATELY 2217 NORTHWEST MIAMI COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0098 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla C'hair King: And I have a special request -- it's up to my colleagues -- to take PZ.12 out of order. It's -- we can go through all of the PZ (Planning and Zoning) items, 1, 2, 3, 4 -- Commissioner Reyes: Okay, I want to -- Chair King: -- 5, 7, 8, 9, and 11 -- 9, 10, and 11. Vice Chair Carollo: I don't mind taking PZ.12. Chair King: So, do -- okay, but can we pass PZ.1, 2, 3, 4 -- Vice Chair Carollo: I'm -- Chair King: -- 7, 8, 9, 10, and 11? Vice Chair Carollo: I'm a little confused on PZ.1. It's in your district, so what is this all about? It's confusing the way it reads here. Chair King: Hold on a second. Let me get to it. Lakisha Hull (Director, Planning): Madam Chair -- City of Miami Page 44 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Vice Chair Carollo: Yeah. Ms. Hull: -- so I do have two substitutions on two of the PZ items. Chair King: Okay. Director, can you read PZ.1, please? Vice Chair Carollo: Yeah, I'm not -- it has to do with an exemption on alcohol license. What does this entitle? And I don't want to set precedence without knowing what they are. Victoria Mendez (City Attorney): Commissioner Carollo, you have a question on PZ.1? Vice Chair Carollo: Yes. Ms. Mendez: Okay. Vice Chair Carollo: What is this all about? Ms. Hull: So, sir, PZ.1 is actually requesting an exception to have an alcohol service establishment in an existing hotel. So, because the Code requires for this item to come to Commission because it exceeds 5,000 square feet, that's why it's before the Commission today. Vice Chair Carollo: So, the Code says that you -- in order to have an alcohol service establishment in a hotel, it's got to be less than 5,000 square feet? Ms. Hull: Well, it requires the exception process, which requires for us to provide additional conditions. And so, this location's in Wynwood. There has to be a limitation on the hours of operation, so that's the purpose of this request, sir. Vice Chair Carollo: That's a pretty big establishment. Commissioner Reyes: Yes. Chair King: Right. It's the -- Arlo hotel. And they're not asking for -- to extend the time period to serve alcohol. They want to do it within the timeframe of the ordinance -- the existing ordinance. They're not asking for anything special. Ms. Hull: That's correct. Chair King: Okay. Vice Chair Carollo: And how big of a place are they going to have for the bar and the lounge and nightclub, or whatever it is? Chair King: It's a regular -- it's not anything extravagant. Vice Chair Carollo: No, no. Chair King: It's not going to create any -- Vice Chair Carollo: But how many additional square feet are they building there? Chair King: It's already built. Commissioner Reyes: Yes. City of Miami Page 45 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Chair King: It's already built. They just need to get their license. Vice Chair Carollo: Yeah. Chair King: They just need to get the approval for their license. Vice Chair Carollo: Right, but what I'm trying to ascertain is how many square feet are they going to have? Commissioner Reyes: How big is -- Vice Chair Carollo: How big is it? Commissioner Reyes: -- the bar? Chair King: The -- go ahead. Ian Bacheikov: I could answer that. Chair King: It's quite nice. You should have dinner there. Mr. Bacheikov: Hi, Ian Bacheikov, with Akerman on behalf of the applicant. It 's just over 6,000 square feet. Commissioner Reyes: Yeah. Vice Chair Carollo: Okay. I -- it's in your district so -- Chair King: No, and I've gone there. I've seen this project go up. It's much needed. It's the only hotel in Wynwood. Vice Chair Carollo: Okay. Chair King: Can you imagine accommodating that number of folks every week, weekend? It's a fantastic space. Vice Chair Carollo: How many units are in the hotel? Chair King: How many keys? Mr. Bacheikov: 217 units in the hotel. Vice Chair Carollo: Well, there's no way you're going to fill that bar -- Mr. Bacheikov: It's -- Vice Chair Carollo: -- with the units in the hotel, so this is for the locals. Chair King: So, Victoria, could you please read the title into the record so we can vote on PZ.1? Ms. Mendez: PZ.1 doesn't require me to read it. It's just a resolution. Chair King: Okay. So, I have a motion. Vice Chair Carollo: Second. City of Miami Page 46 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PZ.2 10771 Commissioners and Mayor - PZ Chair King: A motion and a second. Vice Chair Carollo: You have a motion and second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Thank you. Motion carries unanimously. Mr. Bacheikov: Thank you very much. Commissioner Reyes: Okay. Chair King: Okay. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVIDE CLARIFICATION AND ADDITIONAL STANDARDS REGARDING OUTDOOR DINING AND OPEN AIR RETAIL; ALLOWING OUTDOOR DINING BY RIGHT IN CERTAIN CIRCUMSTANCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14154 MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Adopt with Modification(s) ADOPTED WITH MODIFICATION(S) Joe Carollo, Commissioner Manolo Reyes, Commissioner King, Carollo, Reyes Diaz de la Portilla Vice Chair Carollo: Move PZ.2 very clear. Victoria Mendez (City Attorney): - and if there -- DDA boundaries. with the amendments that we made before that were Yes, the DDA (Downtown Development Authority) - And if there are any legal challenges -- Commissioner Reyes: Yes. Ms. Mendez: -- that was placed in -- Vice Chair Carollo: Right. Ms. Mendez: -- this first -- second reading. City of Miami Page 47 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Commissioner Reyes: But I haven't -- well, I will accept it like that, but when you said illegal -- we open up the door to anybody to make a challenge. And if they challenge, it is -- if we -- it is our final decision the one that is going to decide. But by doing that, Commissioner Carollo, we are opening the door to a challenge, and I am not in favor of doing it for the -- I mean, I know you're concerned. But for now, we don't have any problem with that because a challenge -- when we do -- as we said, it's going to be challenge, and then I -- anybody that wants to hurt us, it's going to be a challenge, and I don't agree with it. Vice Chair Carollo: Then we could deal with it at the same time. But you voted on this -- Commissioner Reyes: Yes, we did. Vice Chair Carollo: -- the last time. Commissioner Reyes: We did, but I believe that -- Chair King: Okay. Commissioner Reyes: -- Madam City Attorney, if there is a challenge and we want to fight that (UNINTELLIGIBLE) challenge, we still be able to. Vice Chair Carollo: Well, I'm not saying that we don't fight it if we don 't want to. We could fight it. Commissioner Reyes: No, but the amendment -- Vice Chair Carollo: But the -- Commissioner Reyes: -- that you place said that once it -- there is a challenge -- Vice Chair Carollo: The ordinance comes back, yeah. Commissioner Reyes: That's right. Then you stop the ordinance, you see. Then people will have to pick the -- Vice Chair Carollo: Well -- Commissioner Reyes: -- chairs and the tables and bring it in. Vice Chair Carollo: -- right now, you know, I -- my vote is on the ordinance the way we originally approved it. Commissioner Reyes: I do understand that, sir. Vice Chair Carollo: If, in the future, we have that problem, we could revisit it and we could go from there. Commissioner Reyes: Okay. I just want you to know that it will -- probably will -- Chair King: So, do I have --? Commissioner Reyes: -- have to revisit, and it's going to stay in the same area but -- Chair King: Okay. City of Miami Page 48 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Vice Chair Carollo: We could revisit it in the future if need be. Commissioner Reyes: Okay, that's -- okay. Chair King: So, I have a motion and a second. Commissioner Reyes: And a second, yes. Lakisha Hull (Director, Planning): So -- Chair King: Victoria, can you please read it into the record? Ms. Hull: Madam Chair, there is a friendly amendment by the Mayor's Office on this legislation. Chair King: Can you read the friendly amendment into the record, please? Ms. Hull: So, the way the legislation is written today is that outdoor dining is going to require parking citywide regardless if you're in the DDA area, if you exceed more than 50 percent of the floor area ratio. So, the friendly amendment is under Section 6.3.2.2. It states under that section, "Outdoor dining areas containing seating in an amount greater than 50 percent of the overall establishment seating capacity shall be counted toward the floor area and floor lot ratios required by City Code." The friendly amendment is, "except within established Parking Trust areas." So, that's what the Mayor's Office is requesting is this area would be exempt if you're in a Parking Trust Fund area, you don 't have to meet the parking requirements. Commissioner Reyes: In downtown, I think that it's -- that's necessary. I accept the friendly amendment. Ms. Hull: Okay, thank you. Commissioner Reyes: And -- Chair King: I accept it as well. Vice Chair Carollo: What does the Administration say? Commissioner Reyes: Administration is not paying attention. Arthur Noriega (City Manager): I was reading an email. Yeah, we're fine. We 're fine with it, yeah. I'm absolutely fine with it. Vice Chair Carollo: Is the Mayor here that --? Commissioner Reyes: No, he's in the -- okay. Mr. Noriega: He 's not here. Vice Chair Carollo: Okay. Commissioner Reyes: Okay, okay. Vice Chair Carollo: Alright, that's -- Ms. Mendez: And -- City of Miami Page 49 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Commissioner Reyes: Let's vote on it. Vice Chair Carollo: I'll second it. Ms. Mendez: All -- Chair King: Okay. Ms. Mendez: -- I just wanted to clam that the legislation, as drafted right now, is if there is a legal challenge, it'll be brought back to the Commission to repeal. That's how -- Chair King: Okay. Commissioner Reyes: Okay, good. Chair King: Okay. So, can you read it -- read PZ.3 -- Vice Chair Carollo: Well, the -- Chair King: -- the title? Vice Chair Carollo: -- the way that it was was that it would automatically would have been repealed, not be brought back. Ms. Mendez: Right. The problem is that there may be -- Commissioner Reyes: Can you accept that? Ms. Mendez: -- a delay -- Commissioner Reyes: Bring it back so we can fight. Ms. Mendez: -- so it could be considered an unlawful delegation, so that's why we have to bring it back for the repeal. Chair King: Okay. Vice Chair Carollo: Okay. Chair King: So, can you read -- Commissioner Reyes: And we take action then. Chair King: -- read the title into the record so we can -- Ms. Mendez: So, PZ.2 is what I'm reading right now. Chair King: Yes. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: As amended by the friendly amendment ftom the Mayor's Office. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 50 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Ms. Mendez: Can we do PZ.12 then? Chair King: No, wait. We 're trying to -- I'm trying to see if I can get rid of all of these and then just take up PZ.12. PZ.3 ORDINANCE Second Reading 12833 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO SECTION 163.3184, FLORIDA STATUTES, BY REMOVING THE BUENA VISTA YARDS REGIONAL ACTIVITY CENTER AND ANY REFERENCES TO SUCH MATTER, CREATING THE BUENA VISTA YARDS INTENSITY PRESERVATION AREA, AND AMENDING APPENDIX LU-1 TO UPDATE THE FUTURE LAND USE MAP SERIES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14155 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Chair King: Is -- do you guys have any issue with PZ.3, 4, 7, 8, 9, 10, and 11 ? Can -- ? Lakisha Hull (Director, Planning): Madam Chair, I do have an amendment for PZ 3. Chair King: Do you guys have -- do -- a need to discuss PZ.3 through PZ.11 ? Hmm? Vice Chair Carollo: On PZ 4, if I could get the attorney to come up. And by the way, a Jennings disclosure. My staff spoke, I believe, to this attorney here, to Ben Fernandez, certainly, the law firm. Chair King: Okay, so can we pass PZ.3? Vice Chair Carollo: Yes. Commissioner Reyes: Yes. Chair King: Okay, Victoria, can you read PZ.3 into the record? The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): Are you amending the legislation as amended? Ms. Hull: Yes. City of Miami Page 51 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Chair King: Yes, as amended. Ms. Hull: Yes, thank you. I need to read that into the record. So, you should have a hard copy. Eight state agencies was contacted on this policy update; received one comment in regards to a scrivener's error in our map, so that's what's being updated as part of this request. Chair King: Thank you. So, I have a motion and a second for PZ.3? Vice Chair Carollo: Yes. Chair King: All in favor? The Commission (Collectively): Aye. PZ.4 ORDINANCE First Reading 13317 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 ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN TRANSECT ZONE — RESTRICTED TO "T5-R" URBAN CENTER TRANSECT ZONE — RESTRICTED FOR THE PROPERTY LOCATED AT APPROXIMATELY 2170 NORTHWEST FLAGLER TERRACE, MIAMI, FLORIDA, AND FROM "T6-8-O" URBAN CORE TRANSECT ZONE — OPEN TO "T6-8-L" URBAN CORE TRANSECT ZONE — LIMITED FOR THE PROPERTY LOCATED AT APPROXIMATELY 45 NORTHWEST 22 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED 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: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PZ.4, please see Item Number PZ.3 Chair King: Let's take PZ.4. Vice Chair Carollo: Yes, Ben. On the area that you're asking for us to rezone, what percent of the approximate 100 or so units that you're building there are coming from the new area? Ben Fernandez: From the rezoning? City of Miami Page 52 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Vice Chair Carollo: Yeah. Mr. Fernandez: It's really a net increase of 12 units. Through the Chair, good evening -- good aft -- good morning, Madam Chair. Ben Fernandez, 200 South Biscayne Boulevard, for the record, Commissioners. Commissioner Carollo, the -- really the change from T4 to T5 is approximately a 12-unit density increase. Vice Chair Carollo: Okay. Mr. Fernandez: Right now, you could develop up to 24 units on that site. The rest would come from the existing T6-8, which is the restaurant, the old Rancho Luna Restaurant on -- that faces -- Vice Chair Carollo: Right. Mr. Fernandez: -- 22nd Avenue. That's the larger property. This is the smaller property to the east of it. Vice Chair Carollo: Okay. That's all that 1 wanted. I move. Chair King: I have a motion and a second. Victoria, did you read the title into the record from PZ.4? Victoria Mendez (City Attorney): Not -- Chair King: Please -- Ms. Mendez: -- PZ.4. Chair King: Please. The Ordinance was read by title into the public record by the City Attorney. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Fernandez: Thank you very much. City of Miami Page 53 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PZ.5 ORDINANCE First Reading 13319 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 "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTY(IES) LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.5 was deferred to the March 9, 2023, City Commission Meeting. PZ.5 ORDINANCE First Reading 13319 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 "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTY(IES) LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 54 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PZ.5 ORDINANCE First Reading 13319 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 "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTY(IES) LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, 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: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.5 was continued to the March 23, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.5, please see "Public comment for all item(s) in the agenda." Victoria Mendez (City Attorney): Madam Chair, is there any way, since we have our special counsel here and the item -- we could dispense of it before lunch -- is any way we could call PZ.12? Chair King: I'd like to defer PZ.5 and 6 until our next meeting. Commissioner Reyes: Okay. Ms. Mendez: PZ.5 and 6. Commissioner Reyes: Okay. Need a motion for that? Chair King: Yes. Commissioner Reyes: I'll move it. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay. [Later... City of Miami Page 55 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Chair King: And at this time -- Commissioner Reyes: Change the tape. Todd B. Hannon (City Clerk): Chair, just for the record, PZ.5 and PZ.6 were -- Chair King: I need to -- I -- because it cannot be heard on the 9th, I need to have a motion to defer PZ.5 and PZ.6 -- Commissioner Reyes: Move it. Chair King: -- to the -- Mr. Hannon: IfI could -- Vice Chair Carollo: Second. Mr. Hannon: -- ifI could just get a motion to reconsider first. Chair King: I need a motion to reconsider. Vice Chair Carollo: Motion to reconsider. Commissioner Reyes: Second. Chair King: And a motion to de -- Mr. Hannon: And -- and -- Vice Chair Carollo: Let 's vote first. Mr. Hannon: -- and the vote. Yes, sir. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Vice Chair Carollo: Motion to defer. Chair King: To the -- Commissioner Reyes: Second. Chair King: -- 23rd of March. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. This concludes the City of Miami Commission meeting for February 23rd, 2023. Commissioner Reyes: Hallelujah. City of Miami Page 56 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PZ.6 ORDINANCE First Reading 13320 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 ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" SUB -URBAN TRANSECT ZONE — LIMITED TO "T4-L" GENERAL URBAN TRANSECT ZONE - LIMITED OF THE PROPERTY GENERALLY LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.6 was deferred to the March 9, 2023, City Commission Meeting. PZ.6 ORDINANCE First Reading 13320 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 ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" SUB -URBAN TRANSECT ZONE — LIMITED TO "T4-L" GENERAL URBAN TRANSECT ZONE - LIMITED OF THE PROPERTY GENERALLY LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 57 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PZ.6 ORDINANCE First Reading 13320 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 ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" SUB -URBAN TRANSECT ZONE - LIMITED TO "T4-L" GENERAL URBAN TRANSECT ZONE - LIMITED OF THE PROPERTY GENERALLY LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.6 was continued to the March 23, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.6, please see "Public comment for all item(s) in the agenda" and PZ.5. PZ.7 ORDINANCE First Reading 12839 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") BY AMENDING APPENDIX C - MIDTOWN OVERLAY DISTRICT, SECTION 627.1.6, TITLED "BUILDING PLACEMENT AND BUILDABLE AREA," SECTION 627.2.6, TITLED "BUILDING PLACEMENT AND BUILDABLE AREA," SECTION 627.2.7, TITLED "MAXIMUM HEIGHT, BUILD -TO, MINIMUM SETBACK AND USE REQUIREMENTS," AND SECTION 627.2.12, TITLED "SURFACE PARKING AND PARKING GARAGES"; 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: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 58 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Chair King: Okay, so let's bypass PZ.4 because you have questions. What about PZ.7, 8, 9, 10, and 11? Vice Chair Carollo: Move PZ.10 -- PZ. 7. PZ.8 is fine. Chair King: PZ.9 is the same -- Vice Chair Carollo: PZ.9 is good to go also. Chair King: PZ.10. Vice Chair Carollo: Let me get to this. PZ.10 is also fine. Chair King: And 11 is a companion item. Vice Chair Carollo: And PZ.11 -- Chair King: Is the companion item for 10. Vice Chair Carollo: Yeah, it's fine. Chair King: Okay, Victoria, can you read --? Vice Chair Carollo: And okay, and PZ.12, we're holding on. Chair King: Right, we're holding on. So, Victoria, can you read for the record the titles for PZ. 7, 8, 9, 10, and 11? Victoria Mendez (City Attorney): Yes. PZ. 7. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.8. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.9. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.10. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.11. The Ordinance was read by title into the public record by the City Attorney. Chair King: I have a motion and a second. Commissioner Reyes: Yes. Vice Chair Carollo: Yes. Todd B. Hannon (City Clerk): Who was the mover? Vice Chair Carollo: I was. City of Miami Page 59 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Mr. Hannon: Okay. Commissioner Reyes: I second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Ms. Mendez: Madam Chair, for PZ.5 and 6, I know that we've reset those, but unfortunately, there's a new state law -- a new case which is being appealed right now. It just came out last week. But it states that before second readings, you need to advertise again. So, we will not be able to have it for next meeting. It would have to be for the March 23rd meeting -- Vice Chair Carollo: That's fine. Ms. Mendez: -- because we missed the advertising. Vice Chair Carollo: That's fine. Chair King: Okay. Commissioner Reyes: That's fine. Vice Chair Carollo: Okay. City of Miami Page 60 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PZ.8 ORDINANCE First Reading 12615 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN SECTION 163.3184, FLORIDA STATUTES, BY AMENDING THE TEXT WITHIN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, SPECIFICALLY STRIKING OR REPLACING REFERENCES TO THE NEIGHBORHOOD ENHANCEMENT TEAM WITHIN THE FUTURE LAND USE ELEMENT; ADDRESSING THE GEOGRAPHY OF THE NEIGHBORHOOD ENHANCEMENT TEAM AREAS FOR THE PARKS, RECREATION AND OPEN SPACE ELEMENT; PROVIDING AN APPENDIX TO THE PARKS, RECREATION AND OPEN SPACE ELEMENT WHICH MAPS THE NEIGHBORHOOD ENHANCEMENT TEAM AREAS; MAKING FINDINGS; 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: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.8, please see "Public comment for all item(s) in the agenda" and PZ. 7. PZ.9 ORDINANCE First Reading 12614 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, TITLED "DEFINITIONS"; ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS"; AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES"; AND APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICT", TO REPLACE OR STRIKE REFERENCES TO THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET") FROM THE MIAMI 21 CODE; MAKING FINDINGS; 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: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 61 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Note for the Record: For minutes referencing Item Number PZ.9, please see "Public comment for all item(s) in the agenda" and PZ.7. PZ.10 ORDINANCE First Reading 13318 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5, SECTION 5.3.4, TITLED "PARKING STANDARDS (T3)," TO MODIFY AND SIMPLIFY REGULATIONS RELATED TO DRIVEWAYS IN THE T3 TRANSECT ZONE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.10, please see "Public comment for all item(s) in the agenda" and PZ. 7. PZ.11 ORDINANCE First Reading 13315 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 6, SECTION 6.1, TITLED "INTENT AND EXCLUSIONS," TO MODIFY TABLE 13 TO ALLOW FOR ADDITIONAL HEIGHT TO FENCES AND WALLS ENCLOSING INFRASTRUCTURE AND UTILITIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.11, please see "Public comment for all item(s) in the agenda" and PZ. 7. City of Miami Page 62 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 PZ.12 13252 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, GRANTING OR DENYING THE APPEAL FILED BY CHRISTINE RUPP ON BEHALF OF DADE HERITAGE TRUST ("APPELLANT") AND REVERSING OR AFFIRMING THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB") APPROVING AN EXCEPTION PURSUANT TO 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 ("MIAMI 21 CODE") TO ALLOW THE CONSTRUCTION OF A NEW BOAT RAMP WITH TWO (2) FIXED DOCKS AND TWO (2) FLOATING DOCKS WITH GANGWAYS THAT WILL EXTEND 90 FEET INTO MARINE STADIUM BASIN AND ASSOCIATED WAIVER PURSUANT TO SECTION 7.2.8(A) OF THE MIAMI 21 CODE AT REAL PROPERTY DESIGNATED "CS" CIVIC SPACE TRANSECT ZONE LOCATED AT APPROXIMATELY 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0099 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PZ.12, please see "Public comment for all item(s) in the agenda." Vice Chair Carollo: Can we --? Chair King: I have a Jennings disclosure for PZ 12. And at this time, we can take up Commissioner Reyes: I -- Victoria Mendez (City Attorney): And you met with the Dade Heritage Trust? Is that your disclosure for PZ.12? Chair King: I met with a number of folks. I'm not -- attorneys. I met with the mayor of the Village of Key Biscayne, and it's probably not a Jennings disclosure, but I met with the new advisory board member that was appointed prior to becoming appoint -- appointed. And I think that's it. Ms. Mendez: Thank -- Commissioner Reyes: Madam Chair, now that you're talking about Jennings disclosure, I don't know if it had the disclosure. I don't know if it is -- requires a Jennings disclosure, butt was -- yesterday in my office, the lady came by and gave me a packet, you see. We didn't -- Ms. Mendez: That is Christine Rupp -- City of Miami Page 63 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Commissioner Reyes: That's right. Ms. Mendez: -- from the Dade Heritage -- Commissioner Reyes: And I want to make it clear that she came to the office and gave me a packet, that's it. Ms. Mendez: Thank you. Vice Chair Carollo: Did we get a packet, Will? William Ortiz (Deputy Chief of Staff, District 3): It was on the floor, I think. Vice Chair Carollo: Oh, okay. Well, that don't count then. Commissioner Reyes: That don't count. You didn't see it; you didn't receive it. Vice Chair Carollo: No. Okay, I'd like to make a -- Chair King: I don't know if received a packet. (COMMENTS MADE OFF THE RECORD) Chair King: You did? Okay, I wasn't in the office yesterday -- Commissioner Reyes: Okay. Chair King: -- so I didn 't see the packet. Vice Chair Carollo: Alright. I'd like to make a motion, Madam Chair. Chair King: Motion. Commissioner Reyes: Yes. Vice Chair Carollo: I'd like to make a motion that we deny the appeal as filed -- Commissioner Reyes: I second. Vice Chair Carollo: -- and grant the exception. Commissioner Reyes: Approve the exception. Ms. Mendez: Commissioners, this is a quasi-judicial hearing -- Chair King: So, we have to allow -- Ms. Mendez: -- so we just need to have the -- both sides speak. And then they may be -- Mr. Silver may want to ask some questions. So, it could be limited in time, but we have to go through -- Vice Chair Carollo: Okay. Chair King: Okay, three minutes. Scott Silver: Yes, Scott Silver, 2980 McFarlane Road. City of Miami Page 64 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Vice Chair Carollo: You're -- Mr. Silver: I would state -- Vice Chair Carollo: -- you're not the Silver running for office, are you? Mr. Silver: No. Commissioner Reyes: Are you running? Mr. Silver: I'm Scott Silver, not Mr. Zilber. Vice Chair Carollo: Oh, okay. Mr. Silver: I'm a -- Vice Chair Carollo: Okay. Mr. Silver: -- sounds like it, but not that. I would, merely as a technicality, since it is a quasi-judicial proceeding, I would ask that Commissioner Reyes and Commissioner Carollo recuse themselves having already stated their desire to deny this. I just want to make that statement. Chair King: That's not necessary. Mr. Silver: (INAUDIBLE) for the record. Chair King: Okay, for the record, got it. Ms. Mendez: So, there can -- I just wanted to clam for the record that there can always be a motion to start the discussion, then they will listen to all the evidence as presented, and then they can make the motion again, or continue with a different motion -- Mr. Silver: Okay. Ms. Mendez: -- at that time after all the evidence is presented. Vice Chair Carollo: We -- Ms. Mendez: So, thank you, Mr. Silver. Vice Chair Carollo: I'm -- Chair King: So, we need a motion -- Vice Chair Carollo: I withdraw my -- Chair King: -- to listen. Vice Chair Carollo: I withdraw my motion. Chair King: Oh, okay. Vice Chair Carollo: And -- City of Miami Page 65 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Commissioner Reyes: And I withdraw the second, too. Chair King: Okay, so we are going to hear testimony now regarding this issue. Commissioner Reyes: Convince me. Mr. Silver: Okay. On behalf of Dade Heritage Trust, we 're not saying that there should never be a boat ramp anywhere on Virginia Key. There's a process by which a master plan was derived. We've provided you a packet, and I believe, if they've been distributed, we have additional copies if you need them. There was a process whereby boat ramps were proposed, but the ultimate master plan for Virginia Key that was presented did not include those in this area. It included it over by Jimbo's. It included it in another location. And Christine Rupp has provided you with the packet -- an additional copy of the packet. So, it's clear that even though there may have been what I will call remnants of the prior boat ramp that was there, it's totally degraded; part of it is a concrete seawall that's there. We don't have to get into the logistics of -- candidly, of what's there, what remnants are there or not. What they're proposing is impacting on the his -- potentially impacting on what you do with this in the future. This could become a Marina del Rey. This could become a Pristine Park. This could become a concert facility. We don't know what it's going to be. We know what the master plan is -- Vice Chair Carollo: Whoa, whoa, whoa, whoa. I'm sorry, ill could just -- Chair King: Commissioner, can --? Please don't. He has three minutes, and it's going to take up his time. Vice Chair Carollo: Well, no, no. I'll -- we'll give him the extra time. But are you saying that we should make the basin a Marina del Rey? That would require hundreds of slips. Mr. Silver: I'm not saying what you should do. I'm just saying -- Vice Chair Carollo: Well, but you were saying that this could become. So, then you're in favor of really just making the basin into a Marina del Rey, which would mean the whole basin 's going to be full of slips. Mr. Silver: I'm not -- I'm not -- Vice Chair Carollo: Otherwise, you can't call it a Marina del Rey. Mr. Silver: Yeah, I'm -- Vice Chair Carollo: So, you might want to walk that back. Mr. Silver: I'm -- what I'm saying is we don't know what this is ultimately going to become. But because what we're doing here -- Vice Chair Carollo: Well, that you 're right. We don 't know what it's ultimately going to become -- Mr. Silver: Right. Vice Chair Carollo: -- because just like the original master plan that we had back in the late '90s was changed, we could change this one too. Mr. Silver: They can change. The one that's -- City of Miami Page 66 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Vice Chair Carollo: We could people that actually live in the City of Miami to be part of that board, not people that don 't live in the City ofMiami. Mr. Silver: The master plan, as it stands now, does not provide for a boat slip in that area. And what you're doing is you're taking a 45-acre site -- and this isn't just the impact of the ramp that goes up in this corner right next to the Marine Stadium. It's the parking field that's here. You have to provide a rotary area that allows enough room for a truck and a boat trailer to circle around, and that knocks out almost two and a half acres. It becomes essentially unusable because you're encircling with an area -- Vice Chair Carollo: But that circle basin was always there. Commissioner Reyes: Yeah. Mr. Silver: No, it's not there now. Vice Chair Carollo: Back from where the hub was, there was a time that they expanded towards the Marine Stadium site the parking for the boat ramp even. I remember that. That was taken back. Mr. Silver: And I think you're right. What we need to do is maintain the flexibility. I -- let me get to the core of this. The reason this is being pursued is because there's a FIND, Florida Inland Navigation District, grant of $1.25 million that's to pay for the ramp. If we accept that as a grant -- and that's what's driving the whole thing. If we accept that, the conditions under the FIND grant -- and I would just ask that you guys impose some sort of a condition on this because this is moving forward something that takes up a third of the -- a third of the land area of the Marine Stadium and could impact on the overall redevelopment of this -- is that there be some condition that you can recover this land, that you're not stuck with a parking field that basically is going to drive the bus on what eventually can go here. This is inconsistent with the -- this is inconsistent with the master plan. And if you approve this -- first of all, it did not comply with any of the -- excuse me. Before the PZAB (Planning, Zoning and Appeals Board), it required that they -- one second. Let me get to the page here. It required that they preserve natural and geological features wherever possible. They say that that's complied with. That's not because it's not preserving the geological features. It's putting three new -- two new piers 90 feet into the water. Chair King: Excuse me. Mr. Silver: It's -- Chair King: But this was a boat ramp originally. It was a boat ramp, and it would have had all of the issues that you're speaking about, parking and all of that, right? Mr. Silver: No. The (INAUDIBLE) -- Chair King: This was not a boat ramp before? Mr. Silver: It was -- Chair King: It was a boat ramp before. Mr. Silver: It was a -- City of Miami Page 67 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Chair King: A boat ramp that authorized motorized boats to go into water from there. Mr. Silver: It was a boat ramp that was originally designed -- and we have the historic photos, and I think they're part of the record already -- that was used -- that area was a pit for the boats that raced. It was a pit area because it went off of the -- it had a little barrier island to permit the wake from the other boats coming in where they would bring them in -- it became used by the public, and there was an ordinance that said, for two dollars, you could use -- Commissioner Reyes: Absolutely. That was -- Chair King: Okay. Mr. Silver: (INAUDIBLE) yeah, no -- Chair King: So, it was a boat ramp that was used by the public. Commissioner Reyes: And -- and -- Chair King: That's what I'm frying -- it was a boat ramp -- Mr. Silver: It was a non -- Chair King: -- used by the public. Mr. Silver: -- it was a non permitted boat ramp. It was -- practically speaking, there was concrete placed there on that -- and that 's not really what we're arguing about today. Chair King: Okay. Mr. Silver: Again, that's not -- Commissioner Reyes: Madam Chair, may I ask him something? That I ask before -- we are asking -- I mean, we are -- what we arguing is about the increase in size because we cannot -- you cannot argue against a boat ramp since we have an ordinance that says that a boat ramp should be there, you see. That's what it said. Your concern is about the basin or the size of the boat ramp. But I mean, you're saying that we shouldn't have a boat ramp there, I mean, that it is illegal. No, because there is an ordinance that states that we have to have a boat ramp there. That 's -- what are we arguing here? Mr. Silver: Our concern is accepting something that comes with a FIND grant. When you accept a grant, you may be -- you're obliged to provide the facilities that support that ramp. So, the facilities that support that ramp under the plan -- Chair King: Well, if you're concerned about the FIND grant, I see the FIND grant guru here, and he can explain to us what the FIND grant comes with. Mr. Silver: Okay. Chair King: Because I've had several conversations with the FIND grant guru, and I understand that it is their mission and purpose to make our waterways accessible for the public. City of Miami Page 68 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Mr. Silver: And I've worked with FIND -- I'm a former chairman of the shake -- of Shake -a -Leg. I've worked with them. I understand what's needed. I understand about public access. I understand that there are other boat ramps. And I'm not saying that there should never be a boat ramp here. We're saying this one did not meet the criteria of the Planning and Zoning Board, which is why we 're appealing it. And it has the potential -- unless there is a clear reversionary clause or if Mr. Crowley can assert that we have the right to simply pave that off -- Chair King: So, you 're appealing the Planning and Zoning Board's recommendation? Mr. Silver: Yes. Chair King: I understand. Are you finished with your presentation? Mr. Silver: Yes, subject to hearing what Mr. Crowley has to say. Chair King: Okay. I think Ms. Hand was going to speak next. I just know that you're going to give me all the information about the FIND grant, so maybe -- T. Spencer Crowley: Sure. Chair King: -- let Ms. Hand speak. Mr. Crowley: I just wanted to make sure -- Spencer Crowley, for the record, 98 Southeast 7th Street. I'm a resident, and I work in Miami. I want to make sure that any questions you all have about the FIND grant and the conditions, I answer. No one from the appellant side is qualified to answer any of those questions. They don't know our programs like I do. Chair King: Well, that's why I called you up. Mr. Crowley: I serve in that capacity. I really appreciate it, and I'm here to -- Chair King: That's why I called you up. Mr. Crowley: -- to clam anything. Obviously, we provided the City a $1.25 million grant for this. We support it. I just want to -- I want to be here to answer any questions that may come up about our grant. So, thank you. Commissioner Reyes: Thank you, Mr. Crowley. Mr. Silver: Well, let me ask you, as a part of the appellant's presentation, I would like to ask Mr. Crowley to -- Chair King: Wait `til he comes up. Let's let Ms. Hand speak now. Mr. Silver: Sure. Chair King: Good morning. Amanda Quirke Hand: Hi, good morning. Amanda Quirke Hand, special counsel with the City. Just reminding you that this is just an appeal of the PZAB approval of an exception. The standard on an exception is it shall be approved if it meets the conditions and if it meets the requirements of Miami 21, and in this case, it does. There is evidence in the record that staff recommended approval. I have some supplements for the record, both from PZ delineating the Article IV, Table 12 criteria, City of Miami Page 69 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 and also from CIP (Capital Improvement Program) showing that this project has been reviewed by the Army Corps of Engineers, FDEP (Florida Department of Environmental Protection), and DERM (Department of Environmental Resources Management). And all three agencies have already issued the permit, so this is only for the extension of the dock from 35 feet to 90 feet into the water and restriping of the existing parking lot to accommodate trailers. That's it. So, I can see that you -- you are well versed on this item. The FIND commissioner is here to answer questions specifically about the grant, but this project is not being driven by the grant. It's being driven by public access to the water, and I know that you can understand that issue. Chair King: Thank you. Ms. Mendez: M. Hand, I just wanted to clam that -- are -- is the record from below, from PZAB, being also placed here before City Commission? Ms. Quirke Hand: Yes. The record from PZAB has already been brought up to the City Commission as being entered into the record. These materials are supplements. They have been provided to the appellant prior to this -- prior to this time. Chair King: Thank you. Mr. Crowley. Mr. Crowley: Thank you, Madam Chair. Again, Spencer Crowley, 98 Southeast 7th Street, for the record. I'm the Miami -Dade County FIND commissioner. I've served in that capacity since 2007. We provided tens of millions of grants to the City of Miami to increase public accessibility to the waterfront. Miami -Dade County has a huge shortage of public access to the water. There's about 55,000 boats that need access to trailer slips, and we have less than 1,000 of those slips here in the County. We believe that this is a very important project for the City of Miami residents. Many of our residents, you know, live in neighborhoods near me, the Roads, Shenandoah, out west in Flagami. You know, these are -- these are blue-collar people who keep their boats in their yards. They want to be able to enjoy waterways with their families. And in order to do that, they have to trailer their boats to ramps. They can't afford marinas. Even if they could afford marinas, there's long waitlists. So, to the specific issue about use of the ramp during events, of course, FIND does not have a problem closing the ramp during events. As you may know, most recently during the Coconut Grove Arts Festival, Seminole Boat Ramp was closed down. We have, in the past, provided funding for Seminole Boat Ramp, and we have no problem closing ramps during special events. That's not an issue. It's totally incorrect, and you shouldn't listen to that. We really believe this is an important project for the City. And I think that all of these concerns that have been lobbed out are not necessarily genuine. And I really hope that you all will support this ramp because I think it 's very, very important for the City of Miami residents to have this as a public amenity. So, thank you very much. Commissioner Reyes: Thank you, Mr. Crowley. Chair King: Thank you. Commissioner Reyes: And -- Mr. Crowley: Happy to answer any questions you may have. Commissioner Reyes: Thank you very much to clam that and also to stress that there are many people that they cannot afford to have their boat in a rack -- I mean, someplace, in a marina or one of those storage areas, and they have it in the City of Miami Page 70 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 backyard and they want to enjoy the water too. We have (UNINTELLIGIBLE) I think it is our duty to provide them with a facility. Chair King: Sir, do you have a response to what Mr. --? Mr. Silver: Yes, I do. I do have a question, Mr. Crowley. And again, I don't want to minimize -- what FIND does is important and very valuable to the City. I don't doubt that, and I've dealt with them in many ways. I just ask Mr. Crowley, under the terms of the FIND grant, if this parking field needed to be changed for future development, are there any conditions under the FIND grant that would prevent us from either changing or eliminating the parking field? Mr. Crowley: A change to a project would come before our board. Mr. Silver: Okay. Mr. Crowley: And we would approve it if it is in the interest of public access to the waterways. Mr. Silver: And if FIND did not approve it, then the parking field that's designated on this plan as covering approximately 15 out of the 45 acres, the City would be obliged to continue that if FIND --? In other words, we're delegating to FIND the decision as to what to do with that 15 acres? Mr. Crowley: The City is not delegating anything to FIND. That's a total mischaracterization. Mr. Silver: But if we're granting and agreeing to conditions or covenants under the FIND grant, are you saying that if the FIND board does not approve us change -- making changes to this, that the City -- once we accept the grant, we can 't change that parking field? Mr. Crowley: No, I'm not saying that. I'm not saying that. Chair King: And I believe that your questions are premature because -- Commissioner Reyes: Yeah. Chair King: -- that is not what is before us here. Right now, what is before us is merely deciding whether to uphold or deny PZAB's recommendation. That's what's before us right now. Mr. Silver: Right, and the condition -- Chair King: So -- right, so let's stay with that because that -- that's outside of the scope of what we're dealing with right now. Mr. Silver: No, I am because the conditions under the PZAB include whether you're providing adequate landscaping, parking, pedestrian connectivity. So, if we're stuck with -- Chair King: But it hasn 't -- that has not been determined -- Commissioner Reyes: No. Chair King: -- what would be adequate, what would be -- City of Miami Page 71 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Commissioner Reyes: Nothing of that has been determined. Chair King: -- the design has not come forward. It hasn't come before us as yet. So, I believe -- Victoria, can you weigh in here if I'm correct that what is appropriately before us is whether or not we 're going to accept or deny PZAB's recommendation? Ms. Mendez: Right, so there is an appeal by Dade Heritage Trust -- Chair King: Uh-huh. Ms. Mendez: -- and your -- they have to put on the record the reasons why you would grant this appeal. Chair King: I believe he has done that though. Mr. Silver: And be -- Ms. Mendez: Right, right, he 's put on the record -- Chair King: Right. Ms. Mendez: -- for you to decide now if you're going to deny the appeal or grant his appeal. Chair King: Okay, and I believe you have sufficiently put on the record -- Commissioner Reyes: Yes. Mr. Silver: Which is why I'm asking for his response so I can complete the record. Are -- Chair King: He's asking -- Mr. Silver: The question is, do we need to have FIND board approval to change this parking arrangement -- Mr. Crowley: No. Mr. Silver: -- if this passes? The answer's no? Mr. Crowley: No. Mr. Silver: Okay. Commissioner Reyes: That settles it. Chair King: Okay. Do I have a motion? Ms. Mendez: Before -- Commissioner Reyes: Motion. Ms. Mendez: I just want to -- Vice Chair Carollo: There 's a -- City of Miami Page 72 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Ms. Mendez: Mr. Silver, is there any -- anything else that you wish to place on the record? Mr. Silver: No, just the matters that are -- that were included within our packet. We 'd ask that -- Ms. Mendez: Okay. Vice Chair Carollo: Okay. Ms. Mendez: And the packet has been -- Todd, you 've received the full packet? Commissioner Reyes: That's right. Ms. Mendez: Okay. Mr. Silver: Yes, provided to the Clerk and to all council members. Ms. Mendez: And to the Commissioners, okay. Chair King: Ms. Hand, have you --? Vice Chair Carollo: And the maker of the motion -- Chair King: M. Hand, have you completed your presentation? Is there anything else that you would like to put on the record? Ms. Quirke Hand: Yes, just a reminder that this is an appeal of an exception to take the -- to take the dock from 35 feet to 90 feet into the water. And there's competent substantial evidence in the record that that is the minimum required to provide a functioning boat ramp in this location. Commissioner Reyes: Okay, and there's a motion. Vice Chair Carollo: And there's a second. Commissioner Reyes: There's a second. Vice Chair Carollo: While making the motion, let me say on the record that I haven 't heard anything whatsoever that would make me change my mind on anything that 1 've heard before when I -- Mr. Silver first came up before and I asked him questions. At the same time, I want to put on the record Section 52- -- excuse me, Section 53-52, "Regulations Generally," of our City Code -- Commissioner Reyes: Section 7. Vice Chair Carollo: -- on 7, "The public shall have access to the boat hoist and boat ramp facilities of the Marine Stadium during daylight hours at times when events are not being conducted. There's hereby established a fee of $5 as payment for the use of the boat hoist, but there should be no charge for the use of the boat ramp." As staff has stated, this includes going from 35 feet to only 90 feet, an additional 55 feet only that we're extending the ramp. The need, as I had stated before, for regular Miamians to have access to the water is tremendous. Commissioner Reyes: Yeah. City of Miami Page 73 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Vice Chair Carollo: We do not have boat ramps anywhere that would suffice the need that's out there. The attorney, Silver, mentioned the Jimbo's site that this wonderful board that was established before I was here, but after I left, that hardly any of them live in the City of Miami had established. Well, as I understand it, on the Jimbo's boat ramp, you 're not supposed to have motorboats there. Commissioner Reyes: Yeah. Vice Chair Carollo: It's only for kayaks and nonmotorized boats. So, even that is not accurate in what he presented. So, what I'm seeing here is, by the wonderful people from Mount Olympus, that they're trying to see how they could just cut off access to the bay to the vast majority of regular residents. Commissioner Reyes: Yeah. Vice Chair Carollo: And we have an obligation not to let that happen. And Miami cannot be a city only for the rich and famous, and that's what a few are trying to make it. Whether it's in housing, whether it's access to the water, whether it's where you don't eat or anything else in between, some are trying to make it into that. And we have an obligation to represent the vast majority of our city residents to have the same rights as those that are more affluent have. Chair King: So, can you, for the record, restate your motion? Vice Chair Carollo: The motion is a motion denying the appeal filed by Christine Rupp on behalf of the Dade Heritage Trust and granting the exception. Commissioner Reyes: Approve the exception. Vice Chair Carollo: Yeah. Commissioner Reyes: To approve -- Chair King: Affirming the exception. Vice Chair Carollo: Yeah, to -- Commissioner Reyes: Affirming the exception. Vice Chair Carollo: -- approve, affirming, grant the exception. Chair King: Okay. Commissioner Reyes: I second that motion. And based on what I have stated before, the need for access to water, particularly those that own boats and they keep -- I mean, they cannot afford or because either -- because of scarcity or because there's too high -- the price is too high. So, we are -- we have that duty. And to the fact that I think that this argument has been diverted because what we were -- what presented to us is can -- I mean, it is an argument against, against extending the dock, and that's all it is. That's all it is. The boat ramp, by ordinance, is legal. It should be there. As a matter of fact, we should have had it there, okay. So, I mean, taking this conversation about this argument into what could happen in the future, well, it says what if you see. That's not what we arguing here, what if somebody wants to develop Marine Stadium and needs the parking, what if. I mean, that -- we are not ruling on what if. We are ruling what it is now and what it should be there and what is the intent. The intent is just to increase the number of feet that the boat ramp has. City of Miami Page 74 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 Chair King: All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. Motion carries. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 75 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 FL - FUTURE LEGISLATION FL.1 13392 City Manager's Office ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, PURSUANT RESOLUTION NO. R-22-0340 ADOPTED ON SEPTEMBER 13, 2022 AND RESOLUTION NO. R-22-0423 ADOPTING ON OCTOBER 27, 2022, AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEE'S AND SANITATION EMPLOYEES' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTIONS 40- 255, TITLED "BENEFITS," INCREASING THE DROP PARTICIPATION TO (84) MONTHS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 76 Printed on 03/13/2023 City Commission Meeting Minutes February 23, 2023 NA.1 13565 Office of the City Clerk ADJOURNMENT NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Jose M. Garcia ENACTMENT NUMBER: R-23-0100 NOMINATED BY: Commissioner Alex Diaz de la Portilla MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla Chair King: I'd like to take up a pocket item, DI -- P -- is it pocket item P.1 ? Todd B. Hannon (City Clerk): PI. 1, yes, ma'am. Chair King: PI.1. Mr. City Clerk. Mr. Hannon: Thank you, Chair. Commissioner Diaz de la Portilla would like to appoint Jose Garcia to the Code Enforcement Board. Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Victoria Mendez (City Attorney): Can we -- can we ask if anybody wanted to speak about that really quick? Chair King: Is there anyone here that would like to speak on behalf of this item for public comment? Seeing none, motion carries unanimously. Vice Chair Carollo: Okay. The meeting adjourned at 11: 54 a.m. City of Miami Page 77 Printed on 03/13/2023