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HomeMy WebLinkAboutCC 2023-05-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, May 11, 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 Sabina Covo, 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 May 11, 2023 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Commissioner Diaz de la Portilla, Commissioner Covo and Commissioner Reyes Absent: Vice Chair Carollo On the 1l th day of May 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 9:11 a.m. and adjourned at 12:47p.m. Note for the Record: Commissioner Diaz de La Portilla entered the Commission chambers at 11:09 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: At this time, we are going to have prayer for our meeting as we always do. Pastor, thank you for joining us today. We have Pastor Datton -- Dottin, from the 7th Day Adventist Tabernacle Church here today with us to lead us in prayer to get our meeting started. Invocation delivered. Chair King: Thank you, Pastor. At this time I will lead us in the pledge of allegiance. Pledge of allegiance delivered. Chair King: Thank you. City of Miami Page 1 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PR - PRESENTATIONS AND PROCLAMATIONS PR. 14007 PROTOCOL ITEM Honoree Presenter Protocol Item National Public Works Week Mayor and Commissioners Proclamation Preservation Month Mayor and Commissioners Proclamation Ariel Trueba Mayor and Commissioners Proclamation RESULT: PRESENTED 1) City of Miami Mayor Suarez and Commissioners presented a Proclamation to celebrate and designate National Public Works Week in the City of Miami and to pay tribute to our public works professionals, engineers, managers, and employees. 2023 marks the 63rd Annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association. Public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well-being of the people of the City of Miami. City facilities, and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation's transportation, water supply, water treatment, solid waste systems, public buildings, and other structures and facilities essential for our citizens. Elected Officials paused in their deliberations to pay tribute and recognize the City of Miami Public Works Department Employees while thanking them for elevating the quality of life in the City of Miami by proclaiming and designating the week of May 2151 to May 27th, 2023, as "National Public Works Week" in the City of Miami. 2) Mayor Suarez and Commissioners presented a Proclamation to pay tribute to the Villagers. The Villagers is a not -for -profit organization dedicated to the restoration and preservation of historic sites in Miami -Dade County, Florida. The Villagers continue a 56-year tradition of service and has approved significant grants to support and assist the City of Miami 's historic properties such as the Historic Hampton House, the Warner House/Miami Hispanic Ballet, Gesu Catholic Church, and the Black Police Precinct. The Villagers provided the funds and expertise to identf locally significant historic properties and helped many become recognized by the National Register of Historic Places. They have also worked to launch the Dade Heritage Trust. Elected Officials paused in their deliberations to pay tribute and recognize the Villagers while thanking them for their efforts in elevating the quality of life in the City of Miami with their dedication to historic preservation and thereby proclaiming the month of May as "Preservation Month" in the City of Miami. 3) Mayor Suarez and Commissioners presented a Proclamation to recognize Mr. Ariel Trueba and his work with Public Allies. Public Allies is a national movement committed to advancing social justice and equity by engaging and activating the leadership of all people. Public Allies has helped thousands of underrepresented emerging leaders who serve our country to reach successful pathways to higher City of Miami Page 2 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 education and careers and bring communities together to work for the common good. Mr. Trueba has played a vital role in engaging City of Miami communities through Public Allies at the Department of Human Services & Economic Initiatives. Mr. Trueba graduated from Miami Senior High School with a Superintendent's Diploma of Distinction and served honorably on the Miami -Dade Youth Commission and has been serving the residents of the City of Miami since 2017 via the Summer Jobs Connect and AmeriCorps VISTA program and was recently appointed by Commissioner Manolo Reyes to serve on the LGBTQ+ Advisory Board. The City of Miami pledges to support community partners to generate sustainable solutions. Elected Officials paused in their deliberations to pay tribute and recognize Mr. Ariel Trueba while thanking him for elevating the quality of life in the City of Miami. Chair King: Welcome to the City of Miami Commission meeting for May 11 th, 2023. We are now going to have our presentations and proclamations. I see a lot of wonderful staff here that we are going to recognize today. Presentations made. PUBLIC COMMENTS FOR ALL ITEM(S) 14006 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE MAY 11, 2023, CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: And at this time, we will move on to the portion of our meeting that allows us to hear from our constituents. If there 's anyone here who would like to speak for public comment, please come forward. Luimar Zibetti Garza: Luimar Zibetti Garza. My address is homeless. Do I reserve the FR.3 for the first reading when you bring it up again, when you have the first reading that you're going to have public comments? Can I reserve it for then? Chair King: Yes. Ms. Zibetti Garza: Thank you. I would like to give you this sheet right here. I don't have copies for others. Chair King: Give it to the City Clerk. He'll make copies for us. Ms. Zibetti Garza: And it reflects the (UNINTELLIGIBLE) -- let me look at it. It reflects a bunch of our soldiers who are out in the field defending our liberties against tyrants, traitors, and <word omitted>. And one of them that I would like to point out is -- I don 't have it here. In a sec, I want to kind of thank you for having housed Kitty Rodriguez after she 'd gone through the -- to -- through the Camillus House. And the part I didn't appreciate was that you all quickly rehoused her because she was making a big stink at Camillus House, and you quickly rehoused her to a place in Opa Locka, which would have been out of the district, and I informed her of such. And then she came back to you and said, "Would you get me a better place?" And you all City of Miami Page 3 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 put her in the heart of Liberty City, where you have one of those machines that determine bullets flying left and right. And I'm assuming you're hoping that she'll catch a stray one, but she's doing well so far. And the reason I say this is because I feel that I have helped in assisting some of the homeless being able to get housing in a manner different from the clearly failing programs that you have. I will return for a comment on the FR.3, especially in particular for individuals, tyrants that wish to prevent us from enjoying ourselves at parks but think that they can impose upon us in every little thing that we do at parks, and I'll be back with that one. Thank you. Mr. Hannon: Sorry, Chair. Ma'am, may I have your name for the record? Ma'am, ma'am, ifI could have your name for the record. Ms. Zibetti Garza: (INAUDIBLE). Mr. Hannon: I missed it. I apologize. Ms. Zibetti Garza: Luimar Zibetti Garza. I'm homeless at Peacock Park. And besides that, I'm glad you all heard Trump last now -- last night. Trumps CNN (Cable News Network), and I hope most of you will wake up by the next month. Thank you. Chair King: Good morning. Melissa Hege: Good morning. My name is Melissa Hege. I'm at 611 Northeast 55th Street. First of all, thank you for having us. Thank you. You've all been doing an amazing job, and I know this is kind of a thankless job in many ways, so I applaud you for your time and service. I'm here to talk about item E.5 [sic]. It's the shoreline funding grant for $9 million from Morningside Park. My specific interest is as it relates to the larger picture of the neighborhood. So, my understanding is that -- if you can see here, this is the image of the flooding in the park. This is the first step of a three-phase project, which would address lots of issues in our neighborhood, one being improving the park, the second being improving the issue of flooding in the neighborhood. We've been working on this project for a very long time. I've personally been working for the past two years with Resilience and Public Works, looking at their stormwater master plan, and how this is the first step in improving the flooding in our neighborhoods. It's severe, it's problematic. Commissioner Covo, I did send you some backup information for your review. I appreciate your time and please consider supporting this grant. Commissioner Covo: Thank you. Chair King: Good morning. Brett Bibeau: Good morning, Honorable City Commission. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street, Office 7, Miami, Florida 33125. I'm happy to provide the Miami River Commission's following advisory recommendation regarding PZ.15. During the Miami River Commission's June 6, 2022 public meeting, Ms. Iris Escarra, Greenberg Traurig, and Bernardo Fort -Brescia, Arquitectonica, distributed and presented plans and the attached letter of intent. I believe our letter and the letter of intent are being distributed. Thank you, Madam Clerk. For proposed riverfront development at 400 Southeast 2 Ave., on behalf of attendees Allen Matis and Phil Kreb from Gencom. Ms. Escarra, in the letter of intent, stated the proposal is consistent with the current zoning, land use, and the public riverwalk will comply with the code requirements of Section 3.11, Appendix B, and the Baywalk Riverwalk Design Standards and Guidelines. Ms. Escarra stated the applicants were willing to fund improvements to City of Miami Page 4 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 the existing public riverwalk beneath the Brickell Bridge, and the proposed public riverwalk will connect with existing public riverwalks to the east and west. Ms. Escarra stated they would like to keep the Poseidon Ferry, which picks up and drops off passengers at this location for service to and from Miami Beach. The River Commission did not consider and is not providing an advisory recommendation related to the City's financial considerations regarding this item. The Miami River Commission adopted a unanimous motion respectfully recommending that the City Commission send the City -owned 400 Southeast 2 Ave. to a public referendum, which was subsequently approved, to extend the current Hyatt lease and allow redevelopment generally consistent with the presented draft `Miami Riverbridge" mixed -use development plans featuring the public riverwalk while utilizing the project's parks impact fee as a potential funding source to reimburse the expedited improvements and reopening of the nearby Fort Dallas Park, along with restoring its historically designated Flagler Workers House. I appreciate your time and support for the Miami River District. Chair King: Thank you. Good morning. Diana Briceno: Good morning. My name is Diana Briceno. I live in 520 Northeast 55th Terrace in Morningside. I'm here to support the agenda item RE.5 for the Morningside Park Phase L And I know the City has engaged experts for the past several years to come up with these plans, and I personally really do trust the plan and the experts. I really want to urge you to approve the Phase I of the plan. I have a three -year -old son and a baby on the way. We use the park every single day except when it floods, which we can't use it. And one thing that I wanted to mention is that the people that are opposing the plan are proposing a tall seawall that I personally find dangerous for my kid. If he were to fall in that seawall, it'd be hard or impossible for him to get out. So, I thank you for the effort that you 've put in the plan for years, and I hope you can approve it today. Thank you. Rachel Furst: Good morning. My name is Rachel. Chair King: Good morning. Ms. Furst: Good morning, Commissioners, Madam Chair. My name is Rachel Furst. I live at 570 Northeast 57th Street. I'm an almost 10 year resident of Morningside. I've lived longer than that in the City of Miami. I am here to speak in favor ofRE.5, the Phase I plan to invest money in and improve Morningside Park. I, too, am a mother of two young children. Like Diana, we use the park almost every day, and this park is in desperate need of City investment and improvement. Phase I addresses the flooding needs in the park, which you can see in pictures below. It installs a drainage system for the entire park, and it's really a thoughtful plan that has been developed over five years that my neighbors and I have been coming down here and advocating for money to be spent on this park. We have watched as other parks have been improved. Flooding plans have been implemented, new walkways, new play structures, new shorelines, and Morningside Park languishes. As far as I can tell, it's primarily because of design preferences that derent neighbors have over where one amenity should be placed or how the shoreline should be designed, but at the end of the day, we all gave public -- we all gave our input, and this is what the City has come up with. I think it's a great plan. We would love to see it in Morningside, and we ask you to please support the investment in this important City asset. Thank you. Chair King: Thank you. Good morning. Kelli Cross: Good morning. My name is Kelli Cross, and I'm a resident at 580 Northeast 59th Street in Morningside. I'm here with several neighbors this morning City of Miami Page 5 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 supporting RE.5. I also am a mother to a young one -year -old, and we use the park all the time. I'm speaking on her behalf today, too. I know the City has put a lot of effort into this plan over several years, and I hope that the funding does get approved to diminish the flooding that happens in the park and make it usable for us current residents in the neighborhood and also for future generations to come. Thank you very much. Chair King: Thank you. Good morning. Kimona Ryan: Good morning. I'm Kim Ryan, and I live at 651 Northeast 60th Street in the condos there in Morningside. And thank you very much for your service, guys. I just want to tell you Commissioners we're celebrating Morningside's IOOth anniversary with a historic home tour in 10 days. This year is also Morningside Park's 70th birthday and next year is the 40th anniversary of Morningside becoming Miami's first historic district. Morningside's history is a jewel in the City of Miami's crown and much of its beauty is in its medians. Yet, one of our most important medians, that of Morningside Park's loop road, would be removed by this plan. You were told the loop road would remain intact, but the plans clearly show the first and last 900 feet being demolished. This excellent, elegant design of a divided boulevard with a central landscape median presents a high aesthetic value and reflects the historic neighborhood. Yet, the plan would demolish it, getting rid of the median, turning it into a two-way street, despite overwhelming public input asking for it to be left as is. Commissioner Covo, your staff was at the town hall meeting when the public was asked if they wanted the loop road kept as is, and the vote was overwhelmingly yes. You were also told the park has a natural shoreline, which is not true. The park has an artificial shoreline, hardened with limestone blocks and concrete rubble since 1953. This narrow row of shoreline mangroves that sprouted does not provide any significant environmental benefit. All it does is block the view of the bay. You have an opportunity to remove these mangroves, place the seawall along the shoreline to protect the park and restore the bay views. There are 17 nature preserves along Biscayne Bay, but there's only one Morningside Park, and it already has two and a half acres of mangroves. Placing the seawall at the sea will require getting a permit to remove mangroves, but that can be done, as you did last meeting at Virginia Key Park and you recently did with Pallot Park. Getting it done right is much more important than getting it done right away. Please let's let common sense prevail. Thank you. Perfect. Chair King: Good morning. Janna Maland: Good morning. My name is Janna Maland. I live at 478 Northeast 56th Street, also in Morningside. And I'm here to speak on behalf of myself my neighbors, and most importantly, the kids. I, myself, am a mom of three. I was here last year in March with my then five -month -old, who is now a walking and talking one and a half -year -old. And we have been working very, very hard on getting the park improved, improving the resilience of the shoreline, and yet, my kid and my other two kids who are three and six, nothing has happened in their lifetime. And so, I -- I'm just here to ask that you please, please, please approve this very, very hardly fought for a plan. I think it's very good. It has had a bunch of input from everybody, so -- and I think it's a very good plan. It would improve the resiliency. It would combat the flooding and make our park more usable and more beautiful. So, for us and for our kids and for everyone in the future who is a resident of the City of Miami or visiting, thank you so much. Chair King: Thank you. Good morning, Elvis. City of Miami Page 6 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Elvis Cruz: Good morning, Commissioner. Just kind of waiting for my computer to get plugged in. There we go. Yes, there it is. Good morning. Commissioner Covo, your greatest concern about the Morningside project was public input, but the City tried to pass this plan without public scrutiny. We only know what the plan looks like because I made two public record requests. First, they sent me computer -generated pretty pictures, so I had to make a second request to see the plan. Even today, the plans are not in the public agenda packet. Where is the transparency in that? And yet you're being time pressured to accept a plan Commissioner Diaz de la Portilla says stinks. This was supposed to be on the agenda a year ago, but the City delayed it. Now suddenly there 's a rush to pass it. We're not buying a timeshare. We 're making a permanent decision on a precious waterfront park. Why hurry to approve a shoreline protection plan that won't protect the shoreline? It's a bad plan, but some support it fearing we won't get funding later. Please don't let yourselves be pushed into accepting a bad plan for the City's convenience. It's much more important to get it done right than to get it done right away. At the town hall meetings, no one asked -- oh, by the way, Barbara Lang is giving me another two minutes, Commissioner. At the town hall meetings, no one asked for the seawall to be set back into the park. These slides from the City show the public input, retain the existing character of the park, and keep the park as is, but repair and replace as needed. They showed this slide with seawalls at the sea. So, if no one asked for the setback, why is it there? Because the Nature Conservancy offered $400,000 if the City would plant mangroves along the shoreline. Ken Russell said yes, so the seawall was set back. But the public opposed the mangroves, so they were eliminated, yet the plan still has a setback. We have a petition with 506 signatures, specifically asking to put the seawall at the sea and leave the loop road in place. But more importantly, this should be about scientific facts and common sense. So, here 's a compromise. Protect the park and concession building with a seawall at the sea, but have it curve in in a few places for easy public access to the water. Commissioner Covo, you are very concerned with flooding and neighbors who 've been waiting for action. Here 's a perfect example. The biggest flooding problem in the park was caused by the City itself when it blocked this drainage ditch with a walkway in 2012 and the area has flooded ever since. This was the work of experts. If you wonder why I'm crazy, it's because for 11 years, I've been telling the City, "Look, you created this flooding, please fix it." They nod politely and admit the mistake, but they haven't fixed it, which would be easy to do the same way they did last year on the west side of the park, but instead they created another flooding problem. In 2018, the City wanted to move these two tennis courts farther south. I said, "Don't do that. You're going to block another drainage ditch." They did so anyway. So, now we have a second area of flooding caused by the City, even worse than the first. This was also the work of experts. They tried using an underground drain pipe, but this City slide shows the pipe gets clogged and costs $45, 000 a year to maintain. Yes, $45, 000 a year for one pipe. Underground drains are good for streets, but not always for a park. Above ground drainage is far easier and cheaper to install, inspect, and maintain, and it doesn't get blocked unless you block it. But now history is repeating itself. The new plan uses underground perforated pipes that would be prone to clogging. Christopher Bennett told us perforated pipe drains don't work in Morningside if it's too low. Before you spend millions installing underground drainage, perhaps you should unblock the existing above -ground system and see it work. Please put the seawall at the sea with access areas to protect the shoreline, allow the loop road and pool to stay in place, protect big trees in the concession building, and improve our bay views. Please let common sense prevail. Thank you. Chair King: Thank you. Good morning. Neil Robertson: Good morning, Commissioners. My name is Neil Robertson. I live at 5991 Northeast 6th Court, Miami, Florida. I've been a resident ofMorningside 40 City of Miami Page 7 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 years in three different homes. I've been president of the civic association. I'm currently the vice president of that organization. I've known Elvis for 40 years. He's been there longer than I have, but I've been on the same side with him, and I've been on the opposite side. I'm on the opposite side today. I ask you to support Item 5. This item has been going around in one form or another for over 10 years. And the delay has always been Elvis, who's been adverse to anything that represents change in what he perceives to be his neighborhood. And I say that because in the past, he has attempted to declare the park historic so as nobody could change anything about it, something the rest of the community did not want and voted against. He went behind the entire south ends of the neighborhood's efforts to try to designate it as historic. I understand that there's a good argument for that, but the people there didn't want it, and they were against it. Elvis doesn't want change. It doesn't matter if we go back and do this three, four, five hundred more times. Elvis will be here to tell you it's not right. This is the best idea, not just for the park and its flooding, and the next two stages that follow behind it to correct the items that he rightly points out that experts were wrong about, or the City was wrong about, and he beats that horse every time he appears before you. But this plan is part of a three -step organization and we're asking for money right now. This thing isn't set in solid concrete like he would like to have the shoreline be. It is a living shoreline. It benefits the bay, the bay that is dying. With Elvis' plan, we have the right to stand on it, look out on a dead bay. Chair King: Thank you. Mr. Robertson: Thank you. Chair King: Good morning. Jacqueline Kreger Degwitz: Good morning. My name is Jacqueline Kreger Degwitz. I also live in Morningside, right on the park. And I -- it's really, really, really good. I have come here quite a few times now. And I really hope that today is going to be the day that I'm going to celebrate. I do support the plan of the City. I want -- like -- I believe that now, if you see the shoreline, it's so unique. It's quaint. It's -- with the shady mangroves, and in some places, you can't see through, and in other places, you can and it's just beautiful. You don't have another place in Miami like that. Yes, you have the stupid -- like -- okay, you have the seawalls that are like just straight and cement. It's so, so beautiful. And we really want to keep that. And I think it's good that it has a little bit in the back so that we can do the plan. Because I think -- I really think that they will never approve that they are going to take all nature away there. It is -- we need -- we need nature in this city. The bay needs it. And so, well, you see, I am very, very, very passionate about it, and I really, really, really hope that you are going to approve this. Thank you. Chair King: Thank you. Good morning, Ms. Black. How are you? Elaine Black: Good morning, Commissioner, Chairwoman Christine King, and other Commissioners. My name is Elaine Black from the Liberty City Trust, 4800 Northwest 12th Avenue. We are here to support Pocket Item Number 3, which provides funding for the Youth Employment Program to provide income to low- income families, job experience, and some place for the young people to be -- to keep them out of mischief during the summer. We started this program in 2015. We have provided employment to over 500 young people. It has made a difference in the lives of many people within the District 5 program. We would like to say a special thank you, Chairwoman King, for your support and the Mayor for his support, and we look forward to continuing to provide programming that has a positive impact for our residents. Thank you. City of Miami Page 8 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Chair King: Thank you. Good morning, Professor Latimore. How are you today? Samuel Latimore: Good morning, Commissioners. How are you doing this morning? My name is Sam Latimore, former professor at the School of Justice and Safety Administration. I live at 937 Northwest 55 Street. My family has been living there in that location for over 60 years. I'm a long-time resident. I'm also president of the Charles Hadley Neighborhood Association, one of the longest -running associations in the Liberty City area. I'm here to support Pocket Item Number 3 primarily because it deals with a current crisis that we have in our community, and that is giving our kids skills and an opportunity to learn job skills. I have been working with the Trust for a number of years, and I have seen the product that they produce. Young men and women who get the work experience, they also get experiences about how to conduct themselves, how to maintain their budgets. And so, I would -- I commend the project and I want to suggest that we support that, and I appreciate the District 5, the Mayor and others for contributing those dollars that will help these kids go on with their lives and be able to avoid some of the pitfalls that our community has for them. Thank you, and to all the mothers, happy Mother's Day. Unidentified Speaker: Thank you. Amber Shapiro: Good morning, Commissioners Reyes, King, and Covo. My name is Amber Shapiro. I'm a resident at 498 Northeast 50th Terrace near Morningside Park. And I'm here to -- in favor of Item Number 5, the City's plan for the park. I -- this is the first time I'm here. I'm a mom of two little kids and I work, so unlike some people, I'm not a retiree who can devote all my free time to lobbying on behalf of the park. And I hope this will be the last time that I have to come. We moved here two years ago, and since we moved here, I've been hearing about these plans for the park, and yet, nothing is coming to fruition. That's very frustrating, as we are power users of the park. We're every day with our kids in the park, and whenever it floods, it's unusable. And that's a shame. As you know, the summer is coming. There will be a ton of rain and we really depend on that park for the kids in the neighborhood. It's a really important reason why we bought our home in Morningside, and we would like to stay there and continue to invest in the neighborhood, in the City and bring what we can. But if things don't change, you know, that's a real burden on us as a family and for the whole city. So, thank you so much for your time. I really hope that you will support this plan. Nice to see you, Covo, in person. I voted for you in the last election, so I really hope that you will take our opinions into account. Thank you so much. Chair King: Thank you. Good morning. Alvin Smith: Good morning. My name is Alvin Smith, 52 Northwest 39th Street. I'm speaking on reference to PZ.4 and 5, which I totally oppose. My mom and father bought that house in 1969 as a single-family resident, and we would like to keep it at that status. I have Attorney David Winker that's seeking intervenor status for me, so he will be speaking in my behalf. Thank you. Chair King: Thank you. Victoria Mendez (City Attorney): Sir, on which item? Chair King: PZ.4 and 5. Ms. Mendez: Thank you. City of Miami Page 9 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Chair King: Good morning. Katherine Lingle: Good morning. My name's Katherine Lingle. I'm at 498 Northeast 55th Terrace, a resident of Morningside. My husband and I have been residents of Miami for 10 years, and for a majority of that have been working alongside our colleagues. Many of you have heard from them today around how to progress the movement for the renovation of the park appropriately. We know that no plan will be perfect, and so we are very much acknowledging that there are opportunities to improve it. Elvis mentioned a few. No plan will be perfect, but we don't want to let -- we don't want to let perfection be the enemy of progress. So, we're very much in support of the City's plan. We know that this is Phase I. We are happy to support moving forward with the allocation of resources to continue to explore and invest. Do not want to delay it any further. As Amber said, we are also power users of the park, and so to have the park be unavailable due to flooding, which is bound to increase more and more as the years go by, feels a big shame if we let this opportunity pass us to make the investment and the investment today. So, with that, we fully support the parks plan to move forward. Thank you. Chair King: Good morning. Ulysee Kemp: Good morning. Good morning, Commissioners. My name is Ulysee Kemp. I reside at 76 Northwest 39th Street and also 73 Northwest 39th Street. We own two properties there. My mom bought it in 1962, and we grew up in that house, and I bought my house in 1981. And we've enjoyed having quiet, single-family residence. Last time I was here, I submitted a petition which read, "We, the undersigned, want the zoning in Buena Vista Heights to remain as is, single-family T3-L. We do not want the neighborhood upzoned to duplex, T3-O, or any other zoning destination." If someone wants to build duplexes, there's plenty of land just several blocks away, across the city, all over, and our single-family zoning is appropriate and has been appropriate since the 1920s. We ask that it stay that way. Also, you're going to have some people come up here that's going to be saying that they support the zoning change, but they don't live in Buena Vista Heights neighborhood. They live elsewhere. And they -- I'm also the president of Buena Vista Heights Neighborhood Association, and some of the signatures that are on there are from board members and also from residents that live on the street, not several blocks away, not across the west side of Miami Avenue. So, it's very important that we maintain the integrity of our neighborhood. Thank you. Chair King: Good morning. Alix Caballero: Good morning. My name is Alix Caballero. I'm a business owner -- I'm not a lobbyist -- at 5901 Northwest 2nd Avenue, Miami, Florida. This ordinance related to the smoking or vaping in public parks or beaches needs to be vetoed. There are already laws for the consumption of cannabis. I'm not sure why this is being proposed when you have a needle exchange program here in South Florida. If you are promoting needles for the public, the Commissioner who introduced this ordinance has a -- possibly has a personal issue with marijuana and would prefer the public use needles for drugs? It's pretty backwards that needles are being offered to the public and you want to create more laws against medical maryuana and vapes. There are vapes that don't even have nicotine and actually have essential oils that is an alternative to nicotine vapes. I foresee a problem with this as people will not stop vaping or smoking marijuana. So why criminalize them? People will not stop using needles, and yet if you're supplying them, you're enabling an even greater problem. The same goes for this ordinance. Lay off the marijuana and vape laws. There are already federal and state laws regarding this. We have severe issues with the crime in this city that needs to be addressed. We have bigger fish to fry. The crime in the City of Miami Page 10 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 City of Miami is terrible. Why not work on making the city safer? Why not improve the quality of life here for business owners like myself so that it is more welcoming to do business in the City? My business and my neighbors' businesses have been broken into several times. And instead of combating this, you worry about vaping and cannabis. I think the priorities are all mixed up here due to the outdated and ancient personal opinions regarding cannabis. I'm here to remind you, you don't only serve the needle users, you also serve marijuana patients, vape users, business owners, and more. Chair King: Thank you. Ms. Caballero: Thank you. Commissioner Reyes: Madam -- Madam Chair, just one question. Ma'am, what kind of business do you have? Ms. Caballero: I have a smoke shop. Commissioner Reyes: Thank you. Ms. Caballero: Thank you. Chair King: Good morning. Maji Ramos: Good morning. I had to lower that. My name is Maji Ramos. I'm a resident/owner in Morningside, 555 Northeast 56th Street. My husband and I have lived there for 20 years. His name is Martin Drost. I am here regarding RE.5, Morningside Park Shoreline Project. Although I do agree completely, we 've been going back and forth with this for years, and we need a resolution. However, I'm very concerned about a solid seawall in Morningside Park. I really would like -- would need to understand how the drainage is going to happen. There 's two issues here. We have sea rise, and this would of course address that, but it does not address rainfall, which is our bigger everyday issue in the summer. Every day it rains, and we do flood in the park during heavy rains, which have nothing to do with sea rise. So, what I need to know before I can actually agree with this project completely is how is the drainage going to be handled. And what I would propose in my personal opinion would be a seawall that has breaks every 10 feet, which would allow for natural, you know, foliage, maybe another artificial reef other things, but a way for the water to drain because, in essence, this would become a retention pool and could flood out our neighborhood. Thank you for hearing me out. Chair King: Thank you. Good morning. Nabil Haschemie: Good morning, Madam Chair, Commissioners. My name is Nabil Haschemie. I also am a resident of Morningside. I live in 498 Northeast 50th Terrace with my wife and two kids. We are frequent park users. I'm also here to support RE.5, the shoreline project improvement. It seems like you've heard a lot from our neighbors that there are a lot of individual -- individual ideas on how to improve it. I personally trust your job, your outcome, and those of the professionals working on it. And I really hope that you release that funding and get started with the improvement of the park. Thank you so much. Chair King: Thank you. Good morning. Jeffrey King: Good morning. I am Jeff King, 546 Northeast 57 Street in Morningside. I'm here in support of RE.5. For the last several years, I've been at City of Miami Page 11 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 meetings about the park, and I've voiced my opinion, I've voiced my objections, I listened to my fellow Miamians do the same, and now I'm really pleased to see that City staff and engineers have come up with a plan that protects the park and creates a beautiful space for park goers to enjoy. So, I would say, Commissioners, please, the talking time is over. Let's move forward and fund this plan. Thank you. Chair King: Good morning. Marisa Capua: Good morning. Marisa Capua. I'm a resident of Morningside Park, and I'm here on behalf of myself my husband, and my young kids, and I'm here to respectfully request your approval of the funding for Morningside Park. It is a beautiful park. It's one of Miami's prettiest parks, and it just seems like it's been forgotten and neglected, and there's so much potential there for use and enjoyment, and we live directly across the street from it. We've been directly impacted by the drainage issue that even Elvis has acknowledged. And this plan does have a system for dealing with the drainage, and we need the funding in order to improve those issues. So, again, I hope that you do approve this funding so that we can move forward and so that this can be a park that's used by not just the residents but the city as a whole. Thank you. Chair King: Thank you. Good morning, Ms. Gibson. How are you today? Commissioner Reyes: Morning. Thelma Gibson: Let me say good morning. Good morning to you, Madam Chair, members of the Commission, to our City Manager and our Clerk and his staff and the officers and their staff. I'd like to say good morning to everybody here. And I am Thelma Anderson Gibson, living in Little Bahamas, 3661 Franklin Avenue. I'd like to recognize our new Commissioner, Commissioner Covo, and of course, you know, my friend, Commissioner Reyes. And I'm always here, not to really have to speak about the items, PZ.18, which is Christ Episcopal Church, which is coming up for second reading for zoning. And it passed first time, and I know it'll pass today. So, that's why I want to say thank you. I have to go to the Claude Pepper luncheon. It's being held today, so I just wanted to get here to say thank you and know that I'm in favor of PZ.18, which is Christ Episcopal Church. And you all know our priest is here, and I don't like to speak before him, and our counsel and so because we don't need much. I just needed you to know that I am too grateful, all of us at Christ Church are grateful to all of you for all you do for all of us. And I just wanted to be here to say thank you. And I do have to leave. Chair King: Thank you. Ms. Gibson: And I know PZ.18 always comes so late, and they do need to leave and get back. Oh, you know, the priest is here, and he needs to get back to the church. So, if you could just hear them early before you leave, you know how much I'll appreciate that. Commissioner Reyes: I second that. Ms. Gibson: Thank you so much. Chair King: Thank you. Ms. Gibson: Bless you all. Chair King: Always a pleasure to see you. City of Miami Page 12 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Ms. Gibson: Thank you. Commissioner Reyes: Take care, my dear. Chair King: Good morning. Anthony Rapsomanikis: Good morning. Morning, Commissioners. Thank you for your time. My name is Tony Rapsomanikis. I'm also a resident of Morningside at 5990 Northeast 6th Court. I'm here with many neighbors and friends in support of RE.5. I too have two young children who are avid users of the park, whether it be the playground, soccer practice, arts classes, etc. And we love that park. It's our daily activity and the flooding issues that have occurred there are very problematic. I'm hopeful that you'll approve this plan today so that the residents of Morningside and the many people across Miami who use the park on a daily basis can enjoy it for all the benefits that we have in our community. Thank you. Todd B. Hannon (City Clerk): Chair -- Chair King: Thank you. Mr. Hannon: -- I'm sorry. Could I have the speaker's name again? We just didn't hear him when he initially stated it on the record. Mr. Rapsomanikis: My name? Mr. Hannon: Yes, sir. Mr. Rapsomanikis: Sure. Anthony Rapsomanikis. Mr. Hannon: Thank you, sir. Chair King: Good morning. John Snyder: Good morning. My name is John Snyder. I live at 3980 Hardee Avenue, and I'm here to speak about RE.5. I'm not sure that I'm in favor of it or opposed, but it seems that the changes that would be made to Morningside Park, perhaps people who are speaking in favor of this have worn out their ability to put off and keep putting off things. And that has been a problem. The initial plans to improve the park and to make the revisions to it all involved having the seawall be located at the edge of the bay and not to obstruct the view of the bay from -- from the park. People go to the park to enjoy many things, but part of it is the openness, the frees, many of these things would be destroyed by this plan. So, it's the particulars of the plan rather than the funding to which we object. And I think that Elvis Cruz made a very strong case in his presentation on April the 13th. So, let 's not rush -- well, it's not rushing because it's been 10 -- more than 10 years. And people are -- they can't put this off. They live in the neighborhood, their children use the park, there are flooding issues. These things need to be addressed, but they need to be addressed in a way that the park will still be enjoyable. Thank you. Chair King: Thank you. Good morning. Zachary Freedman: Good morning. My name is Zach Freedman. I live at 430 Northeast 51st Street in Morningside. I'm here in support of RE.5. I want to thank you guys for dedicating even more time to this issue. I've lived in Morningside since 2018. I've lived in the area for many years before that. I've followed this issue. You City of Miami Page 13 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 know, anyone can nitpick a plan, but this has been the result of many years of public input. I, too, have two young children. They use the park as much as they can, which is not enough because of the flooding issues. So, there's a drainage plan in place. There's a plan to protect the natural shoreline. A seawall, I agree with many of my neighbors, is a danger for people with young children. My daughter's a runner, and if she falls in, there's nowhere for her to go. So, I think this plan reflects all of our interests, and we've heard, you know, public comment for years and years and years, and I'm in full support of the job you guys have done and we appreciate it and here requesting funding for the park plan. Thank you. Chair King: Thank you. Good morning. Marc Billings: Good morning, Ms. King -- Commissioner King. Good morning, Commissioner Covo. Good morning, Commissioner Reyes. Commissioner King, just really quickly, Mr. Cruz spoke for more than two minutes. Can you explain why? Chair King: Someone offered their time to him. Mr. Billings: I see. Okay, perfect. I'll be prepared to start. Thankyou so much. So, my name is Marc Billings. I'm an avid City civic activist. I've been involved from Coconut Grove to building technology accelerators to building the first dog park in Miami, and I am a Morningside resident at 5960. What has been unexpectedly difficult in this is that, as a community, we have been divided. And it is not because of the community. It is because of an individual who is confusing us. He's remarkable. He is a remarkable individual, truly. I've spent six hours with him over the last week talking about exactly what it is that's important to him in order to be able to get progress here. He has publicly accused me of being a racist. He has taken private emails and confused issues. He has made the point that I am racist because we want to recapture 10 acres of public space and he is suggesting that the barbecue pits that have been around since the 50s that are uncovered, surrounded by parking, are the best we can do for our community. He confuses the issue by putting ideas in people's heads that Morningside is some elitist community. It is not. It is just working people. Are they hardworking? Are they lawyers, doctors? These are just people, but they care for the community. I'd like to pause for a second until I can have the full attention of the Commission. I guess not. You don't -- thank you. Mike Lingle: Can I yield my time to him? Mr. Billings: Thankyou. Mr. Lingle would like to yield his time to me. Chair King: That is how -- yes. Mr. Billings: Thank you, Mike. Chair King: Go ahead. Mr. Lingle: Hi, my name is Mike Lingle. I reside at 498 Northeast 55th Terrace, and I yield my time to Mr. Billings. Thank you. Chair King: Thank you. Go ahead. Mr. Billings: Thank you, Ms. King. So, this park, which was built in the 1950s -- I had an extra 16 seconds left, please -- 1960s was built as a drive-in park. We can achieve as a community a wonderful experience. Ms. King, in particular, I believe this is important to you, this park. I believe this is intimately important to you, and I City of Miami Page 14 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 believe that there's a racial divide that you believe exists in this park. It does not. The only thing -- Chair King: I don't believe that. Mr. Billings: Okay, good, because it does not. Okay, it is one of the most -- Chair King: I've -- I've -- I've played in that park since I was a child. Mr. Billings: And I play everyday basketball. It is the most universally open place. We are being held hostage, Ms. King. Hostage, yes, hostage. Elvis is a master. He is the master of confusion, okay? I'll take you through it. We luckily got the updated tennis center done. Okay, he opposed it, he opposed it, he opposed it. It is the most occupied and used asset the City has right now. It's the best tennis facility. It's used by everybody. Black, Latin, white, doesn't matter. My daughter, a cute girl. Guess what? That's how old she was when we started this conversation. That's how old she is now. Are you really willing to tell me that that guy is going to stop you from improving the park for your constituents? Because as it stands today, your community has no soccer field. No soccer field. No soccer field. And Little Haiti loves soccer, and they come to play all over this park, not a single soccer goal in this park. Because Elvis wants to preserve the softball field, Ms. King. Ms. King, you're holding one man -- I don't understand, do we get it? This is the park that -- Ms. King, this is the -- this is what Mr. Cruz would like to have in our park. Because he said, this is what we do everywhere else. This is Alice Wainwright Park. This is what the City built. This is a disaster. This is Margaret Pace Park. That looks pretty nice to me. That's what the City is proposing here. Do not let Elvis confuse you. Javier Fernandez: My name is Javier Fernandez. I'm donating my time to Mr. Billings here. Mr. Billings: Thank you very much. Mr. Hannon: And Chair, just for the record, that will give one additional minute. Mr. Billings: Mr. Cruz cares only about one thing, Commissioner Reyes. Okay, he was born in Morningside. His house was given to him when his mother passed away or had just passed on to him. He spends all of his time building his own personal brand around the concept that he 's the savior of our City. He 's our savior. Truly, he's our savior, except he's not. Okay, he 's just simply not. He's confusing all of us. If you allow this one man to hold us hostage when the entire City Parks Department, Public Works Department, your team, your team is saying go and do this plan, improve our park. I don't feel like I have your attention, Ms. King. That's the third time you've been distracted from my presentation. Is what I'm saying not important? Chair King: Sir, I am listening to you. I'm also checking to see who's walking in. I've listened to you as I've listened to everyone here. And you've wasted a lot of time talking about what someone else said instead of what you want. But we get it. Your time is up now. Thank you. Mr. Billings: Thank you very much. Chair King: Good morning. Tatiana Loza: Good morning. My name is Tatiana Loza, and I'm a resident of 670 Northeast 58th Street. I'm also here asking you to please approve the plan for Morningside. Just know that the people that have talked today, it's only a small City of Miami Page 15 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 fraction of all of us that are asking you to please, please, please approve this plan. Just like a lot of the moms here, I'm also a mom of two. We moved into the neighborhood primarily because of the park because we loved it. We moved from Houston and there 's nothing, nothing compares to Morningside Park. So please approve it. I don't want my kids to get out of the house and not have a park that they can use any longer. Thank you. Chair King: Thank you. Good morning. Daniel Maland: Good morning, Commissioners, Chairwoman, Commissioner Reyes, Commissioner Covo. My name is Daniel Maland, 478 Northeast 56th Street. I'm also the volunteer chair of the Morningside Civic Association's Parks Committee, which renders me a little bit crazy, I think, because there are impassioned voices here. And the last time we were before you all, we came before, we had a handful of people on both sides, and we said, let's get back together and see how people really feel about this. As you can see, there is a lot of support. And I went online, and I made a change.org petition which I've never done before just to see really how -- how it is. In the past two weeks, we've gotten over 650 votes supporting this resolution only. Not a hypothetical plan, not something aspirational and pie in the sky. It is representative of all of Miami and people outside of Miami who come into town. This is a matter that will affect each of your constituents directly. The soccer players who have flooded fields, the barbecuers that have flooded barbecue parks -- pits, the kids, the adults, everyone. And we've gotten to a point where we've heard five years, we've heard ten years. My record show is 2016 when this started. And there 's never going to be a moment where there aren't going to be experts involved. And there's never going to be a moment where those experts' opinions aren't going to be challenged, but there is going to be a moment where Morningside Park is going to wash away. And that moment's now. It's continuing to happen. If you look at the cover of the petition which I'm going to submit to the record with its comments, that's a photo of the park now with the sidewalk washing away into the bay. We've got a great plan because of you all, because of hard work by the City over years. This is not the product of any one person, and it's time to put it into action. We thank you so much for the attention you've provided throughout all those years in getting us to this place. Let's keep it moving. Thank you so much. Chair King: Thank you. Good morning. Brigitte Grosjean: Bonjour, Madame Chairwoman and Commissioners. Chair King: Bonjour. Ms. Grosjean: I support RE.5 and Elvis. Please be so kind as to leave the seawall where it is at the shoreline and keep the paths. They're so cute at six feet. We don't have anything around them. They're absolutely adorable. I love Morningside Park where I go and my dogs go and I take other people's dogs there. I just love it. So, please do whatever you can. Thank you so much. Mr. Hannon: Chair, ifI could have the speaker's name. Ma'am? Chair King: Madame? Mr. Hannon: If I could just have your name, if you could state your name on the record. Ms. Grosjean: I'm sorry. My name is Brigitte Grosjean. City of Miami Page 16 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Mr. Hannon: Thank you. Chair King: Good morning. Lorena Ramos: Good morning. My name is Lorena Ramos, chairperson of Buena Vista Stakeholders. I've been a court reporter for 31 years and a fierce advocate for my community, and my most proudest moment, a single mom. I'd like to share with you on PZ.4 and PZ.5, when we first got our notice, the first thing I did was, of course, scheduling a community meeting, distributing flyers. Mr. Kemp graciously wanted to join me in our journey in having our community here. Other concerns, we had our community meeting, we went to PZAB (Planning, Zoning and Appeals Board), and everything was united until we got there. We then took a deferral because Mr. Kemp wanted to take a deferral. He wanted to have another community meeting. I guess he never had one, but in the meantime, we were never able to find out who, as he was saying, was opposing this particular application. What worries me about this particular application is that if you notice from the three sites that we have, these three properties, everything east is commercial. So, this is a really great and appropriate transitional property or zoning for our neighborhood. In addition, if you look at the petition, there are only four people that signed from North Miami Avenue to Northwest lst, where Mr. Kemp lives. Only four people signed against it. As well as going south, it's all commercial. I received a phone call from Beverly and Alvin who told me -- and not Mr. Alvin here -- who told me they just sold their property. Theirs is T-O [sic]. Everything is getting sold on the south side, which these two units back up into. So, I ask you just to consider that, keeping it residential and having this transitionary zoning for our neighborhood. Thank you so much. Chair King: Thank you. Good morning. Milagros Pinon: Good morning. My name is Milagros Pinon. I'm a resident of Morningside. I live at 501 Northeast 55th Street. I'm here in support of agenda item RE.5 regarding the funding for the Morningside Park shoreline. I enjoy the park on a daily basis and believe the park needs urgent investment. I was encouraged by the unanimous approval of the master plan last year. We're ready to go. Please approve the funding. Thank you. Chair King: Thank you. Good morning. Carmen Ramos -Watson: Good morning. Chair King: How are you today? Ms. Ramos -Watson: I'm very good. Thank you, Chairwoman. Chair King: I love that red dress. Ms. Ramos -Watson: Thank you very much. Pleasure to see you. Good morning, Commissioners. I'm here for PZ.4 and 5, which I find that we're at a very interesting moment in this conversation. As Ms. Ramos mentioned, we came together as a community, and I love that because I feel that there's a lot of change already occurring in our community, and as residents and homeowners, we should be able to really look at how we want the growth to occur in our community. For many years now, we've had an empty lot next to us and two houses that are just not well kept in front of my parents' house, 43 Northwest 39th Street. We are most affected because my parents are right next to 39 Northwest -- 39th Street and across from the two properties that are being built. So, clearly, we would be very much in our right to be against it because they're going to be experiencing the most harsh conditions from City of Miami Page 17 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 construction, et cetera. The bottom line, though, is that, you know, how long will we be the communities that are always not in my backyard? We don't want any progress. We want to leave everything exactly like it is and so everybody surrounds us with progress, and we always end up looking like the eyesore. And so, I'm definitely not in favor of commercial, and I think that we were doing a very smart thing by allowing the residential duplexes to come to our community considering that just 28 houses down to the west side, they're all T3-O. So, I do get concerned because there have been conversations in community that spoke to supporting each other and communicating now. It seems like we've got lawyers involved from people who said they were pressured to respond against this. So, I just want to say I'm in favor of it. I want the progress, and I want us to be in charge of our own destiny versus being pushed out. Thank you. Mr. Hannon: Chair, my apologies, ma'am, can you state your name for the record? Ma'am, if you could just state your name for the record. Ms. Ramos -Watson: Yes, my name is Carmen Ramos -Watson, and 43 Northwest 39th Street and 54 Northwest 40th Street. Mr. Hannon: Thank you. Ms. Ramos -Watson: Thank you. Good morning. Chair King: Good morning. Andrea Dreyfuss: Good morning. My name is Andrea Dreyfuss, 679 Northeast 58 -- Andrea Dreyfuss, 679 Northeast 58th Street. I'm in support of RE.5. I know you've heard from a lot of my neighbors, our friends. We are very passionate about this. We're taking the time. I'm a parent of two small children. We love the park. We love Morningside. We're only here because we care so much. We believe in the plan. We support the plan. Please do not let a very vocal, very small minority who do not even utilize a park like we do derail all the progress we've made over these years. So, please, please support us. Thank you. Chair King: Thank you. Good morning. Renee Lewis: Good morning. My name is Renee Lewis. I reside at 1631 Northwest 33rdAve, Miami, Florida, 33125. I'm going to read from my phone just because I'm a little nervous. Chair King: There 's no need. Ms. Lewis: But I will say that I was born in 1982. I grew up in Morningside Park, not residing there, and then later residing there. I could not afford to reside there today, but I continue to go to the park in order to take part in its beauty. The 40-foot frees, those take a while to grow, and so while it's inconvenient to have to wait years, I think it's worth it to get a plan that's right. Throwing money at it isn't always going to fix the problem. And voting for a shoreline protection plan that won't protect the shoreline, that won't fix the problem. People can agree about the problem is the flooding, and if there's a way to mitigate that by an easier fix that doesn't require a lot of money and destruction of nature of birds that use the trees and the beauty of the park, then that makes a lot of sense in my book. Paving over green space for a 15- foot wide walkway, the park flooding because the City has blocked the drainage ditch and that walkway for 11 years, please, please fix that. Maybe fixing that could be a way that everybody could get what they want and make it about the park and not City of Miami Page 18 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 about anybody personally and not about just one set of residents but the broader people of Miami being able to use Morningside Park. Thank you. Chair King: Thank you. Good morning. Michelle King: Good morning. My name is Michelle King. I live at 546 Northeast 57th Street in Morningside. We bought our home in 1986, so we've been -- I've been before you before. I would like to speak on behalf of RE.5. I would encourage you, please, to vote for the program. There's no perfect plan. There's not going to be a perfect plan. I've watched this plan evolve over the past ten years. I think that we're pretty close. I encourage you to fund this plan. I would also like to say thank you for removing the pool. I have watched after the removal of the pool families having picnics there. Beautiful, it's wonderful. Don't get me wrong, we need a pool. But you did -- you 're doing a wonderful job and I want to thank you very much, and thank you for listening. Chair King: Thank you. Good morning. Brandon Lewis: Good morning. My name is Brandon Lewis. I live at 1631 Northwest 33rd Avenue. I have family in Morningside Park, married into a family, and I'm speaking against funding that project. On the basis of not being too rash, sometimes in situations where we have danger impending on property or on land, we want to fix the situation right away. And when we get into that type of -- when we get into that type of emotional state, we look for a solution that sounds really good. And in this day of high technology, when things seem complex, it looks like the best decision to go with. I propose that maybe there could be a simpler solution to this. Apparently, there are some -- there is an above ground drainage system there that is blocked time to time. Of course, if it's blocked, it does not work properly. It's these little -- it's these little details that need to be searched out more instead of doing something that is pretty invasive. And another thing, my family member in Morningside Park is Elvis Cruz. As anyone here can see clearly, I am of a darker complexion. A darker complexion. So, Elvis has welcomed me in his family. I will say that he's not a racist. I just wanted to say that. Thank you so much. Chair King: Thank you. Good morning. Mark Supino: Good morning. My name is Mark Supino. I'm at 606 Northeast 56, Morningside resident. I would like to speak on the record in support of RE.5, investment in Morningside Park to help mitigate flooding and improve the park that is so well used. I also would like to take this opportunity to recognize our neighbors who have shown up in masses, whether they are for or against the project, just to show their passion for the neighborhood. And that is important. I would like that message to not be lost amongst what might seem like discord. The passion demonstrated, whether people are for or against, is really what civic discussion is about and civic engagement. And we should all be proud of ourselves and give ourselves a round of applause for our participation. I'd also like to say that you may not have expected RE.5 to dominate, and it has dominated the discussion today. Let not the voice of a few who may be powerful overtake the voices of many in numbers. So, thank you for your time and consideration. A comment unrelated to RE. 5, I just wanted to disambiguate an earlier comment about needle exchange. That is considered harm reduction, and I would like that to be considered separate from whatever other parameters you are discussing. It was a confounding of factors. Thank you. Chair King: Thank you. Good morning. City of Miami Page 19 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Alicia Stein: Good morning. My name's Alicia Stein. I'm a resident at 455 North 55th Street. I'm here today to speak in my support of Item RE.5 and support for the grant funding for the improvement of Morningside Park. I thank you for your time for being here and supporting our community, the Chair, men and women here today. I, too, am a community worker. I'm a frontline health care worker. I was in the hospitals all through the pandemic and utilizing with my children Morningside Park is this beautiful, beautiful open space was really like a haven, right? We were a locked down, we were in there, and it's just such a gem. And this conversation was pre pandemic, just like 9/11, all these other things, there 's this pre -life, post -life. This -- you know, someone mentioned speaking rashly or acting too hastily. What is rash? Ten years, this has been on the item pre -pandemic, and we 're still -- our children are growing up, the City, the neighborhood is evolving, and I think the time for comment, the time to get involved is already -- we're here, we've been here, and now let's progress and move forward. Thank you for your time. Chair King: Thank you. Good morning. Paula Soares: Good morning. My name is Paula Soares, and I live on 5990 North Bayshore Drive. I've been here before, and I'm here again supporting RE.5 in support of funding Morningside Park's -- Morningside Park. The project has been a long time in the making, and it has extensive public involvement. It reflects the needs and desires of the community, and approving it represents a significant milestone to enhance, preserve, and make Morningside Park safe for use for years and years to come. I'm also a mother of small children who play in the park every day, particularly soccer. I have a six -year -old son who loves soccer. We talked about the Haitian community using the soccer fields as is, flooded or not. They come in, and they play soccer there whenever they need to. I also wanted to point out, you know, putting a soccer field is going to be very useful in keeping the structure safe. One of the soccer posts that was there actually broke on my husband's head when he was playing with my six -year -old, so keep pushing this further, you know, and people using the structure as is, there might be serious problems down the road as well. Imagine if it was on my six -year -old 's head. So, please approve it and support the funding so we can get the park better for the people to use it. Thank you. Chair King: Thank you. Good morning. James Torres: Good morning, Commissioner. How are you today? James Torres, president of DNA (Downtown Neighbors Alliance). Happy to be here. I'd like to speak on two items. First and foremost, the RE.10, which is the leaf blowers. We're kindly asking that you guys move forward on that. We're also thankful that Commissioner Covo is co -sponsoring that as well. But we'd like to ask if that can be expanded to include maybe landscapers that are also part of this issue that we're having that, you know, they kind of do their job and it kind of gets swept out in -- in the street. I know Commissioner Covo, we've shared some Instagram posts as it relates to these leaf blowers, so I appreciate if you can maybe assist us in moving that forward with the Commissioner Reyes as well. RE.5, the Morningside situation. If this is the best option that the City of Miami has, it's time to move forward. I wholeheartedly believe that as a user of Morningside because we've been back and forth on this item more than 10 years. I saw a picture today of an infant who's now, what, six, seven years old or even older. So, enough is enough. You guys hold the advantage to move forward on this item. And it's about the residents, it's about the community, and it's about finally giving back something that is long overdue. Thank you. Commissioner Reyes: Madam Chair, just a point of clarification. Does change in code applies to everybody that use a blower? City of Miami Page 20 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Mr. Torres: On the leaf blowers we're talking about. Commissioner Reyes: That's right. A leaf blower applies to everybody. Mr. Torres: But the way it's kind of worded, not that I'm challenging, it's just future vendors. Vendors are what the City is contracting or landscapers from the community and buildings? Commissioner Reyes: Landscapers, that's everybody. Mr. Torres: Okay, perfect. We appreciate that. So, hopefully, yourself and Commissioner Covo can -- Commissioner Reyes: That's right. Mr. Torres: -- move on and we have a majority on this item, sir. Commissioner Reyes: The ordinance is different than the resolution directing the Manager. Mr. Torres: Okay. Commissioner Reyes: (INAUDIBLE). Mr. Torres: All right. Thank you for clearing that. Commissioner Reyes: We have -- we have to stop that. I blow everything into your side of the street and then you blow it -- somebody else blows to my side of the street, and then they blow it into the drains. Mr. Torres: Or even worse, it goes right back in the street and -- Commissioner Reyes: Or it goes -- Mr. Torres: -- in the drain. Commissioner Reyes: -- back in the street. Mr. Torres: Right. Commissioner Reyes: I mean, you can use a blower to pick up. Mr. Torres: Yep. That's -- let's not be lazy anymore, I guess, is the key word. Commissioner Reyes: Absolutely, okay. Mr. Torres: Thank you for that. Chair King: Thank you. Mr. Torres: And then if we can talk about -- Chair King: Thank you. Mr. Torres: -- homeless. I've got two seconds. Thank you. City of Miami Page 21 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Chair King: Nah-uh. It 's over. Good morning. Patricia Rivadeneira: Good morning. My name is Patricia Rivadeneira. I live at 541 Northeast 56th Street. I'm here to support Item Number 5. I deeply hope that this finally gets approved. My kids go to the park every single day. We get impacted every time it floods. They cannot go. It gets closed for many days, and we just have to keep them home. And I don 't think that's fair. And I think we all support the City, and we hope that we finally get those funds in order to get it better. Thank you for your time. Chair King: Thank you. Good morning. Chaim Lipskar: I can defer to Jonathan. I think he 's the last speaker on the Morningside thing. Chair King: You 're giving your time to him? Mr. C. Lipskar: No, I'm not giving my time. She 's going to go first. Jonathan Raiffe: I'm going to go -- Chair King: Oh, okay. Mr. Raiffe: So, Commissioner Covo, Madam Chairwoman King, Commissioner Reyes, my name is Jonathan Ramie. I live at 499 Northeast 55th Terrace in Morningside. I volunteered to be a member of the MCA (Morningside Civic Association) Board and currently serve as treasurer. I'm here today to support -- speak in favor in support of RE.5. The City has been working on this for years, as you've heard. We had meetings in 2016, 2017, 2018, 2019, 2020, 2021, and then in 2022, this Commission voted unanimously with Resolution R-22-0116 to approve the master plan. The master plan clearly shows number 24 is a living shoreline. The City then moved forward with design plans that were approved. Those design plans are done. As you see over here, the design includes a significant amount of drainage. All this dark area, these are underground exfiltration trench done to standards. This is done in line with the City of Miami Public Works and Resiliency, so these drains should work. If they don't, then the City needs to revisit their codes, but these are good drains. These will work and will drain the park. The loop road is still there, intact, and as you can see, it's really a beautiful plan. We 're in favor of it. Now is the time to move forward. The seawall at the shoreline will not work. That will destroy the entire shoreline. To move forward with the -- think about it. If you build the seawall at the shoreline, you are going to demolish and destroy hundreds of trees, some mangroves, some not mangroves in the whole area. Please support, thank you. Chair King: Thank you. Good morning. Mr. C. Lipskar: Good morning. I'm Chaim Lipskar. I live at 50 Southwest 17th Road. And I'm the rabbi of the Rok Family Shul, Chabad Downtown Jewish Center in the heart of Brickell. I'm speaking on RE.9. We have a historic opportunity today to redesignate the street of Southeast and Southwest 9th Street as Chabad Street, as Chabad is a global humanitarian relief group that supports wherever there's people, no matter what, whatever need they need, whatever, from tsunamis in Thailand, to soup kitchens in Israel, to taking care of the people over here in Miami. During the Hurricane Irma, we had -- we've given out over 100,000 meals between the time of COVID as well. And so, we 're very honored for this resolution. I want to thank Commissioner Covo for sponsoring and the Mayor for co -sponsoring this -- the City of Miami Page 22 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 resolution. And we hope that you'll redesignate the street to Chabad Street. It will bring tremendous pride to our community, the Jewish community. We're the first synagogue in the heart of downtown in Brickell. And especially right now when there's so much anti-Semitism in the world, it will be a big statement by the City of Miami to rename -- re -designate this street as Chabad Street and it will as well join many of the major cities around the world that have Chabad streets in Jerusalem, in Tel Aviv, New York, Toronto, Paris, and other great cities around the world. Thank you very much. Commissioner Reyes: Mr. -- Chair King: Thank you. Commissioner Reyes: City Attorney -- Clerk, I want also to co-sponsor this renaming. Mr. C. Lipskar: Thank you for co -sponsoring. Commissioner Reyes: Sure. Chair King: Good morning. Marissa Amuial: Good morning, Madam Chair, Commissioners. Marissa Amuial, 98 Southeast 7th Street. I'm here also in support ofRE.9 to co -designate 9th Street. This is a street in front of our shul, or synagogue, in Brickell. It's the only synagogue in the Brickell downtown area. It would be an honor and a tribute to this amazing community that the Lipskar family has been building over the last 20 years. My family's been very involved in the synagogue with Chabad for almost a decade now. We've seen it flourish from a very small congregation to the beautiful building you see before you, which houses a preschool, programming for young professionals, weddings, and of course, religious services on a regular basis. It has enriched the lives of thousands of young people and it's really a gathering place for families. So, it's very appropriate and deserving that the street in front of the Chabad will be called Chabad Street hopefully for today to honor their legacy and contributions to the community. Thank you so much. Chair King: Thank you. Good morning. Jonathan Beller: Good morning, Chairwoman King, Commissioner Reyes and Commissioner Covo. First of all, I just wanted to thank you for your leadership and thank you for making Miami the greatest city on earth. I'm here today in support of the Rok Family Shul and Chabad of Downtown Miami. Chabad is a global religious Jewish organization which focuses on bringing godliness, holiness, and spiritual light down to earth. We are joined today by the rabbis, Rabbi Chaim and Rabbi Eli Lipskar, and their wives and mother as well, who are the warmest and most welcoming and friendly rabbis I have ever met, and we are here to support the renaming of Southeast 9th Street to Chabad Street. Thank you and God bless you. Chair King: Thank you. Mr. Hannon: Chair, can I? Sir, sir, can you just state your name for the record? Mr. Beller: Jonathan Beller. Chair King: Good morning. City of Miami Page 23 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Deenie Lipskar: Hi, good morning. My name is Deenie Lipskar. I live at 50 Southwest 17th Road. I'm a resident of Brickell for 18 years and helped co -develop the Rok Family Shul Chabad. I help run the preschool as well. And the redesignation of the street will bring tremendous pride to our community, to our school, to our students, and especially at a time of anti-Semitism, it will be a beacon of light and pride to the entire City of Miami, so we really appreciate it. Thank you. Eli Lipskar: Rabbi Eli Lipskar. I'm also a rabbi at the Rok Family Shul and a chaplain with the Miami Police Department. I'd like to give my time back to the rabbi, if that's possible, my brother. I'd like to give him another two minutes. Mr. C. Lipskar: I don't need another two minutes, but I just wanted to add two important things. On the resolution, it says from -- on the resolution, it says Southeast 1st Avenue forward slash Southwest 1st Avenue. And the actual legal language says Brickell Plaza. So, Brickell Plaza is Southeast 1st Avenue. It's the same exact street. So, just to make sure that from Southeast 1st Avenue to Southwest 1st Avenue. And also the current signage is on the corner of Southwest 1st Avenue, which is in front of Publix Mary Brickell Village. We would like the signage to be moved -- or not moved, I'm sorry. In addition to that signage on the corner of Southeast 9th Street, which is by Brickell Plaza, which is where our beautiful center is situated. Thank you. Commissioner Reyes: Okay. Chair King: Thank you. Good morning. Avi Simon: Good morning. My name is Avi Simon, and I am a proud member of the Rok Family, Chabad Shul, in Brickell. I've been going to the Rok Shul well before I moved to Miami when I lived in Fort Lauderdale. And it's not just a destination for young Jewish professionals in the South Florida area, but we see visitors from all around the world. And just to tell you a little bit about the Chabad brand, that it's a recognizable brand anywhere you go in the world. I just came from Cartagena, Colombia, where they were hosting Jews from all over the world visiting and having the street renamed to Chabad Way, it would be a big statement for not just the Chabad here but also for the Chabads all over the world. Thank you. Chair King: Good morning. Jonathan Archer: Good morning, Madam Chair, Commissioner Reyes, Commissioner Covo. Jonathan Archer, the rector of Christ Episcopal Church, 3481 Hibiscus Street, here to speak again in support of Items PZ. 18 and 19, the land use and zoning changes that are necessary for our church to move forward with affordable housing. As I said when I was here the last time, we just want to do housing. We don't intend to sell the land. We intend to be mindful of the concerns of the community, and so we are hopeful that you will move ahead and approve this second reading. Thank you. Chair King: Thank you. Good morning. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6 Street. I'm in support of FR.1. I just have a question. How are we planning on enforcing the -- this new resolution for all of us to kind of follow? It's not just important to have it on paper, but how are you actually going to be able to do it? And if those are going to regulate not just about the leaf that goes into the drainage and then we all get flooded, but what about how we're going to be enforcing these new regulations that we are -- that's really needed for the drainage and the situation of the flooding in the City of Miami Page 24 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 ORDER OF THE DAY City of Miami? And if this is going to be actually make impact on those landscapers who does work in the City of Miami and doesn't respect our City when they not just throw leaves, it's everything else goes into the drainage. So, that's just a simple question. And are you --? Commissioner Reyes: It is -- through the Chair, it is a good question, and I defer to the City Manager how we are going to enforce this. Ms. Betancourt: Thank you. Arthur Noriega (City Manager): It's really going to be sort of a joint effort. It's police, it's Public Works, Solid Waste. We have a number of dierent mechanisms. Commissioner Reyes: Absolutely. Mr. Noriega: We have eyes on it, but we also realize that we 're going to have people that are going to report incidences too which (INAUDIBLE) -- Commissioner Reyes: Yes. Mr. Noriega: Yeah, Commissioner Reyes: Thank you, sir. Chair King: This concludes the public comment portion of our meeting. Going once, going twice, seeing none, we're going to move forward with our agenda. Chair King: At this time, we will have our statement by the City Attorney that must be read into the record. Victoria Mendez (City Attorney): Good morning. Thank you, Madam Chair. Detailed information about the processes, order of business, rules of procedure, scheduling and rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code. A copy is available online 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 lobbyist 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 the City Code section is available at the Office of the City Clerk or online at wwwmunicode.com [sic]. 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 the 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 City of Miami Page 25 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 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 9:30 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 wwwmiamigov.com/meetinginstructions [sic] 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 the elected officials, their staff, and City Administration throughout the day so the elected officials may consider the 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, their staff, and the City Administration 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 may be amended. If the proposition is being rescheduled or continued, the opportunity to be heard may be at such later date when 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 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 the CityAttorney's Office on items on the agenda today. Anyone wishing a verbatim record of the item considered at this meeting may request it at the Office of Communications or view it online at wwwmiamigov.com [sic]. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. 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 testEying on behalf of the applicant, appellant, or appellee may physically be present at City Hall to be sworn in by oath or affirmation by the City Clerk. 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 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 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 allowed 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, Victoria. At this time, we will have the City Clerk read into the record. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for 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 City of Miami Page 26 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 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 or quasi-judicial items. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Chair King: Yes. Mr. Hannon: Thank you, Chair. May I administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. If you'll be speaking on any of today's Planning and Zoning items, 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: At this time, we are going to set the agenda for our meeting. Mr. Manager, do you have any items that are going to be deferred or withdrawn? Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Madam City Attorney, City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: On the regular agenda, PH.1, to be deferred to May 25th; RE.2, to be deferred to May 25th; RE.7, to be deferred to May 25th; and RE.8, to be deferred to May 25th. In addition to those items, the Mayor would like to sponsor the following items on the regular agenda: RE.9, RE. 10, and FR.3. On the PZ agenda, PZ. 1, to be deferred to May 25th; PZ.2, to be deferred to May 25th; PZ.3, to be deferred to May 25th; PZ.16 -- wait. No, no, no. Wait, wait, wait, wait, wait, wait, wait. Hold on a second. No, no, not those, but -- sorry, let -- I need to reset PZs 1, 2, and 3. Instead of defer to May 25th, they'll be indefinitely deferred. And that concludes the items. Commissioner Reyes: How about 16? 16, you're going to be deferring? Mr. Noriega: No, PZ.16 stays on the agenda as listed. Mr. Hannon: Chair -- Chair, may I read the -- Commissioner Covo: 16 stays? 16 stays. Commissioner Reyes: 16 stays. Mr. Hannon: May I read a brief statement into the record regarding the PZ. 1, 2, and 3? Chair King: Please. Mr. Hannon: Pursuant to Section 62-22 of the City Code, indefinitely deferred action initiated by the City Commission will cost the City mail noticing, advertising, and posting of properties as applicable. Thank you, Chair. City of Miami Page 27 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Chair King: Thank you. Commissioner Covo, do you have any items that you would like to pull or defer? Commissioner Covo: Cosponsor. Chair King: Okay. Commissioner Covo: So, RE.10, FR.1, and PZ.10. Chair King: RE.10, FR.1, and? Commissioner Covo: PZ.10. Chair King: PZ.10, PZ.10. Commissioner Reyes, do you --? Mr. City Clerk, I saw your hand up. Mr. Hannon: My apologies, Chair. Commissioner Diaz de la Portilla would like to cosponsor RE.11. Chair King: Okay. Commissioner Reyes, do you have any items? You don't have anything. Commissioner Reyes: I'm going to vote against some of them but -- Chair King: I -- I understand. Okay, so do I have a motion to set the agenda? Commissioner Reyes: Move it. Commissioner Covo: And I have a pocket item. Chair King: Okay. Commissioner Covo: (UNINTELLIGIBLE). Chair King: Victoria, do you have pocket items that you need to read into the record? Ms. Mendez: Yes, there are a few pocket items that have been requested. There's a Mayor's pocket which has to do with bail bond reform. Chair King: Would that be identified as Pocket Item 1? Ms. Mendez: I believe so. Chair King: Okay. Mr. Noriega: Vicky, can you read -- can you read what it's -- what's the title again? Ms. Mendez: A resolution of the Miami City Commission strongly opposing any reforms to bail and bond schedules or pre-trial release programs in the 11 th Judicial Circuit that would automatically grant arrested persons pre-trial release on non - monetary conditions or on their own recognizance without first appearing before a judge; directing the City Clerk to transmit a copy of this resolution to officials named herein; and providing for an effective date. Commissioner Reyes: City Clerk, Madam Chair, I would like to cosponsor that pocket item. City of Miami Page 28 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Ms. Mendez: Then the second pocket has to do with the revitalization trust -- the Little Haiti Revitalization Trust, but we're still trying to get clarification on some language -- Commissioner Reyes: Yes. Ms. Mendez: -- but that's the second pocket. Chair King: Okay. Ms. Mendez: And appointing the -- the new director. Chair King: Executive director, accepting the -- it should be accepting the executive director. Ms. Mendez: A resolution of the Miami City Commission, with attachments, approving the Little Haiti Revitalization Trust Board appointment of Joann Milford as the Trust president/chief executive officer. Commissioner Reyes: Okay. Chair King: Correct. Is there another one? Ms. Mendez: Then there is a D5 (District 5) and mayoral pocket, which would be 3, right, PI.3? A resolution of the Miami City Commission allocating grant funds from District 5 Commissioner's share of the City of Miami 's Miami For Everyone Program, in the amount not to exceed $250,000, to the Liberty City Community Revitalization Trust for the Trust 2023 Summer Youth Program. Chair King: Summer Youth Employment Program. Ms. Mendez: And further allocating grant funds from the mayor's discretionary account, in a total amount not to exceed $50,000, to the Trust for the program; further allocating grant funds from Venture Miami, in an amount not to exceed $50,000, to the Trust for the program; further authorizing grant funds from non - departmental account, in the amount not to exceed $50,000, to the Trust for the program; and further authorizing the City Manager to negotiate and execute all necessary agreements. And I believe that is it with the pockets. And then, Chair, there was one more. Chair King: Commissioner Covo. Commissioner Covo: So, I am going to wait with my pocket item for next Commission meeting, butt do need to defer -- and I didn't say it before -- PZ.14. Chair King: BC (Boards and Committees) ? Commissioner Covo: PZ.14. Chair King: PZ? Commissioner Covo: Um-hmm. Chair King: PZ -- Paul Zebra 14. City of Miami Page 29 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Covo: PZ.14. Chair King: Okay, until when? Commissioner Covo: The first Commission meeting in July. Chair King: The first meeting in July? Mr. Hannon: That will be July 13. Commissioner Covo: Okay. Chair King: At this time, do I have a motion to set the agenda? Commissioner Reyes: Move it. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay, the agenda is now set. City of Miami Page 30 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - City Commission Meeting - Mar 9, 2023, 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: At this time, may I have a motion for the minutes so that we can approve the minutes? David Winker: Thank you all very much. Commissioner Reyes: Move it, move it. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: The minutes have been approved. MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 31 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla CA.1 RESOLUTION 13795 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION R-19-0332, IN ITS ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION PERMITTING ENCROACHMENTS, PURSUANT TO SECTION 55-14(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") IN CERTAIN CITY OF MIAMI ("CITY") RIGHTS -OF -WAY IN FURTHERANCE OF THE FLORIDA DEPARTMENT OF TRANSPORTATION'S ("FDOT") IMPROVEMENTS TO STATE ROAD 836 AND INTERSTATE 395 FROM NORTHWEST 17 AVENUE TO BISCAYNE BAY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE CONVEYANCE OF VARIOUS EASEMENTS TO FDOT FOR SAID ENCROACHMENTS, IN THE AREAS SUBSTANTIALLY DEPICTED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FDOT FOR RIGHT-OF-WAY TRANSFERS OF PORTIONS OF NORTHWEST 1ST AVENUE AND NORTHWEST 13TH STREET BETWEEN THE CITY'S ROADWAY SYSTEM AND THE STATE HIGHWAY SYSTEM; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE PURPOSE OF THIS RESOLUTION. ENACTMENT NUMBER: R-23-0211 This matter was ADOPTED on the Consent Agenda. Commissioner Reyes: I move all CA (Consent Agenda). Chair King: There's a motion to move all the CAs. Do I have a second? Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: CAs have been passed. City of Miami Page 32 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 CA.2 RESOLUTION 13796 Department of Resilience and Public Works CA.3 13879 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A ROAD JURISDICTION TRANSFER AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), TO ACCOMMODATE THE CONSTRUCTION OF INTERSTATE 395 ("I-395") BY FDOT; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO ACCOMPLISH SAID TRANSFER FROM THE CITY OF MIAMI ("CITY") STREET SYSTEM TO THE FDOT STATE HIGHWAY SYSTEM AS STATED HEREIN AND MORE GENERALLY DEPICTED IN EXHIBIT "A," ATTACHED AND INCORPORATED. ENACTMENT NUMBER: R-23-0212 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A PAYMENT TO THE CITY OF MIAMI IN THE AMOUNT OF ONE MILLION FIFTY THOUSAND DOLLARS ($1,050,000.00) AND OTHER NON MONETARY TERMS, FROM NEW YORK MARINE AND GENERAL INSURANCE COMPANY IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR THE CASE STYLED CITY OF MIAMI V. NEW YORK MARINE AND GENERAL INSURANCE COMPANY, PENDING IN THE UNITED STATES DISTRICT COURT, FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 22-21741, PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT AND RELEASE, REGARDING INSURANCE COVERAGE. ENACTMENT NUMBER: R-23-0213 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. END OF CONSENT AGENDA City of Miami Page 33 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PH.1 13923 Department of Real Estate and Asset Management PH - PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDED AND RESTATED GROUND LEASE WITH HRM OWNER LLC, THE EXISTING TENANT ("TENANT"), TO PROVIDE FOR A NEW TERM NOT TO EXCEED NINETY-NINE (99) YEARS, TO INCLUDE THE EXISTING HYATT HOTEL AND ALSO THE JAMES L. KNIGHT CONVENTION CENTER PROPERTY LOCATED AT 298, 300, 330, & 400 SOUTHEAST 2ND AVENUE (COLLECTIVELY, "PROPERTY"), PROVIDING FOR THE REDEVELOPMENT OF THE PROPERTY TO INCLUDE AT LEAST A 615 KEY HOTEL, 188,000 SQUARE FEET OF CONVENTION/MEETING SPACE, 682 APARTMENTS, PARKING, ADDITIONAL PUBLIC OPEN SPACE, AND AN EXPANDED PUBLIC RIVERWALK, ALL AT NO COST TO THE CITY, FOR NO LESS THAN FAIR MARKET VALUE RENT WITH ADDITIONAL TERMS AND CONDITIONS FURTHER DEFINED IN THE GROUND LEASE, ATTACHED AND INCORPORATED AS "EXHIBIT A"; PROVIDING FOR AN ANNUAL RENT SCHEDULE, IN AN AMOUNT OF ONE MILLION DOLLARS ($1,000,000) FOR THE 1ST YEAR, ONE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($1,250,000) FOR THE 2ND YEAR, ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) FOR THE 3RD YEAR, ONE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($1,750,000) FOR THE 4TH YEAR, TWO MILLION DOLLARS ($2,000,000), FOR THE 5TH YEAR, ALL CONSTRUCTION RENT (CONSTRUCTION RENT") FOR THE PERIOD BEGINNING ON THE COMMENCEMENT DATE AND ENDING ON THE MINIMUM RENT COMMENCEMENT DATE ("CONSTRUCTION RENT PERIOD"), AFTER THE CONSTRUCTION RENT PERIOD, PAYMENT TO THE CITY AN AMOUNT EQUAL TO THE GREATER OF MINIMUM ANNUAL BASE RENT OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) OR PARTICIPATION RENT EQUAL TO 2.5% OF GROSS REVENUES ("MINIMUM RENT") AS OF THE MINIMUM RENT COMMENCEMENT DATE, SUBJECT TO ANNUAL INCREASES AND ADJUSTMENTS THEREAFTER AS OUTLINED IN THE TERM SHEET; FURTHER PROVIDING THAT TENANT SHALL MAKE A TWENTY FIVE MILLION DOLLAR ($25,000,000.00) PAYMENT TO THE CITY FOR AFFORDABLE HOUSING; ALL AGREEMENTS WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER EXISTING CITY RIGHTS;, AND WITH SUCH OTHER TERMS MORE PARTICULARLY SET FORTH IN THE GROUND LEASE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY. City of Miami Page 34 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item PH.1 was deferred to the May 25, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.1, please see "Order of the Day." END OF PUBLIC HEARING City of Miami Page 35 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 RE - RESOLUTIONS RE.1 RESOLUTION 13743 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE RESPONSIVE AND RESPONSIBLE BIDS RECEIVED ON FEBRUARY 8, 2023, PURSUANT TO INVITATION FOR BIDS ("IFB") NO. 1599386 FOR EMERGENCY REPAIR SERVICES FOR THE CITY OF MIAMI MARINAS ("SERVICES"), FROM KEARNS CONSTRUCTION COMPANY ("KEARNS") AND SHORELINE FOUNDATION, INC. ("SHORELINE"), BOTH FLORIDA PROFIT CORPORATIONS, ESTABLISHING A PRE -QUALIFIED POOL OF VENDORS FOR SAID SERVICES, ON AN AS NEEDED BASIS, FOR AN INITIAL TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD; ALLOCATING FUNDS FROM THE USER DEPARTMENT ACCOUNTS, AND/OR SUCH OTHER VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, 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 OF MIAMI 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-23-0221 MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Commissioner Reyes: Madam Chair, would you like to move the RE (Resolution) agenda? Chair King: Yes, I would like to move the RE agenda. Do I have a motion for RE.1, 3, 4, 5, 6 -- Commissioner Covo: I move it. Chair King: -- 9, 12, and 13? Commissioner Reyes: 9, 12, and -- City of Miami Page 36 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Covo: Yeah. Commissioner Reyes: It was move? Chair King: Move, second. All in favor? The Commission (Collectively): Aye. Chair King: RE agenda has passed. Applause. RE.2 RESOLUTION 13742 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE LOWEST RESPONSIVE AND RESPONSIBLE BID RECEIVED ON JANUARY 17, 2023, PURSUANT TO INVITATION FOR BID ("IFB") NO. 1575386 FOR THE PROVISION OF CANAL CLEANING SERVICES ("SERVICES"), ON AN AS NEEDED BASIS, FROM TEXAS AQUATIC HARVESTING, INC., A FLORIDA PROFIT CORPORATION ("TAH"), FOR AN INITIAL TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW"), 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item RE.2 was deferred to the May 25, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.2, please see Item Number RE.10 and "Order of the Day." City of Miami Page 37 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 RE.3 RESOLUTION 13760 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT FROM MIAMI-DADE COUNTY IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND TWO HUNDRED EIGHTY-ONE DOLLARS AND FIFTY CENTS ($20,281.50) ("GRANT") FOR THE GROWING ROOTS FOR ENVIRONMENTALLY EQUITABLE NEIGHBORHOODS PROGRAM AND ALLOCATING AND APPROPRIATING A REQUIRED CITY MATCH IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND TWO HUNDRED EIGHTY-ONE DOLLARS AND FIFTY CENTS ($20,281.50); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT AND ANY ADDITIONAL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF THE GRANT. ENACTMENT NUMBER: R-23-0222 MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number RE.3, please see Item Number RE.1. Chair King: And I believe, Commissioner Covo, you want to include photographs for RE.3 for the record? Commissioner Covo: And I have copies for you. Chair King: Okay. Do you need a motion for that? Todd B. Hannon (City Clerk): No, it's just submitting the photographs. Chair King: Just put it on the record, okay. Commissioner Covo: I just wanted all of you to have it. Chair King: Okay. And that concludes the City of Miami Commission meeting for May 11, 2023. Thank you, everybody. Commissioner Reyes: Okay, thank you. Commissioner Covo: Thank you, Madam Chair. City of Miami Page 38 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 RE.4 RESOLUTION 13786 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ("WASD") TO PROVIDE WATER AND SEWER SERVICES AT 7121 SOUTHWEST 3RD STREET AND 25 TAMIAMI BOULEVARD FOR A NEW COMMUNITY CENTER FOR THE BADIA SENIOR CENTER AS PART OF CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B213515 ("PROJECT"). ENACTMENT NUMBER: R-23-0223 MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.4, please see Item Number RE.1. City of Miami Page 39 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 RE.5 RESOLUTION 13352 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, FOR AN AMOUNT NOT TO EXCEED FOUR MILLION THREE HUNDRED FIFTY TWO THOUSAND SIX HUNDRED SEVENTY DOLLARS AND ZERO CENTS ($4,352,670.00) ("GRANT FUNDS") FOR THE CONSTRUCTION OF THE BULKHEAD AND BAYWALK, AND IMPROVEMENTS TO THE BOAT RAMP AND TRAILER PARKING AREA AT MORNINGSIDE PARK - PART 1 OF PHASE 2 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE EVENT OF AN AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2023-2024 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING FUNDS IN AN AMOUNT NOT TO EXCEED FIVE MILLION FIFTY TWO THOUSAND SIX HUNDRED SEVENTY DOLLARS AND ZERO CENTS ($5,052,670.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40-B40532 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-23-0210 MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number RE.5, please see Item Number RE.1 and "Public Comments for allltem(s)." Commissioner Diaz de la Portilla: The one that I have a concern about is Morningside because I wanted to see what the commissioner from the district -- we had discussed it at the last commission meeting, Commissioner Covo, what your thoughts were on that and you were going to -- I know -- I saw on TV because I was watching -- I always watch all public comments no matter what Political Cortadito says I watch it from my office. I'm making -- or what Mr. Fleischer over there says every once in a while too. The truth is hard to swallow sometimes. So, I watch all public comment, I watch your public comments. And I wanted to make sure we had spoken to the Commissioner in public last Commission meeting about what your desire was. I know you came in today with some additional petitions that were City of Miami Page 40 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 signed, 500 and something, that were in favor of what you're proposing. I don't know, Commissioner Covo, what you feel, but I would like to know what your thoughts are, your feelings are on the Morningside pool issue or the Morningside park issue. Commissioner Covo: Are you speaking specifically about the pool? Commissioner Diaz de la Portilla: I'm speaking about the allocation of dollars that they want to do today. Commissioner Covo: So, what we passed today? Commissioner Diaz de la Portilla: There's a deadline. I know there 's -- Arthur Noriega (City Manager): It passed already. Commissioner Diaz de la Portilla: Oh, that already passed? Commissioner Covo: That passed already. Mr. Noriega: It passed. Yeah, it's not on the PZ. It was on the RE agenda. Commissioner Diaz de la Portilla: Okay, so -- I'm sorry. I'm sorry. Mr. Noriega: Yeah, it was on the RE agenda. Commissioner Diaz de la Portilla: I'm mistaken. Commissioner Covo: What we are not speaking about as yet that we 're going to be doing in the very near future would be the more comprehensive -- Commissioner Diaz de la Portilla: Okay. Commissioner Covo: -- plan of the park, including to -- Mr. Cruz, the pool, and also the flooding, which has not been addressed by -- Commissioner Diaz de la Portilla: Right, I saw that. Commissioner Covo: -- the City, according to him, for a long time. Commissioner Diaz de la Portilla: So, what are we voting on now? Commissioner Covo: Just the allocation for the shoreline. Commissioner Diaz de la Portilla: Right? Mr. Noriega: No, so that already passed. Commissioner Diaz de la Portilla: I know. That's why I'm confused. Mr. Noriega: The RE item. Commissioner Covo: And that already passed. Mr. Noriega: There 's nothing on Morningside in this PZ agenda. City of Miami Page 41 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Diaz de la Portilla: Okay. So, I take -- everything I said -- Mr. Noriega: Yeah. Commissioner Diaz de la Portilla: --I didn't say. RE.6 RESOLUTION 13748 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING APPROPRIATIONS RELATING TO THE 2022-2023 FISCAL YEAR ADOPTED OPERATING BUDGET PURSUANT TO RESOLUTION NO. R-22-0371 ADOPTED ON SEPTEMBER 22, 2022, AS AMENDED, THE FIVE-YEAR FINANCIAL PLAN, THE STRATEGIC PLAN, AND THE MULTI- YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. R-22- 0321 ADOPTED ON SEPTEMBER 10, 2022, AS AMENDED (COLLECTIVELY, THE "BUDGET"), AND AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, ALLOCATE, AND APPROPRIATE THE BUDGET, AND ANY PART THEREOF, REGARDING CITY OF MIAMI SERVICES AND RESOURCES AS NECESSARY AND LEGALLY ALLOWED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED OFFICIALS AND DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS AND FOR NECESSARY RELATED DOCUMENT NEGOTIATIONS AND EXECUTIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR APPLICABLE EFFECTIVE DATES. ENACTMENT NUMBER: R-23-0224 MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.6, please see Item Number RE.1. City of Miami Page 42 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 RE.7 RESOLUTION 13850 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI ("CITY") TO ISSUE BOTH TAXABLE AND TAX- EXEMPT GENERAL OBLIGATION BONDS, IN ONE OR MORE SERIES, PAYABLE FROM AD VALOREM TAXES PROVIDED THAT THE CAPITAL PROJECTS DEBT MILLAGE NOT EXCEED THE RATE OF 0.5935 MILLS IN ACCORDANCE WITH THE NOVEMBER 7, 2017 BOND REFERENDUM APPROVED BY THE VOTERS, IN AN EXPECTED NOT TO EXCEED TOTAL MAXIMUM PRINCIPAL AMOUNT OF TWO MILLION, EIGHT HUNDRED THIRTY-THREE THOUSAND, SEVEN HUNDRED SIXTY AND 00/100 DOLLARS ($2,833,760.00) (COLLECTIVELY, "LIMITED AD VALOREM BONDS") IN ORDER TO, AMONG OTHER THINGS, REIMBURSE THE CITY FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO CAPITAL PROJECTS TO BE UNDERTAKEN BY THE CITY TO IMPROVE, PARKS, CULTURAL FACILITIES, STREETS, AND INFRASTRUCTURE, ALL AS INDICATED IN THE ATTACHED PROJECT LIST IN EXHIBIT "A," ATTACHED AND INCORPORATED; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER IN CONSULTATION WITH THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, FINANCIAL ADVISOR, CHIEF FINANCIAL OFFICER, FINANCE DIRECTOR, BUDGET DIRECTOR, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND FOR COMPLIANCE THEREWITH; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI -YEAR CAPITAL PLAN AS NECESSARY. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item RE.7 was deferred to the May 25, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.7, please see Item Number RE.10 and "Order of the Day." City of Miami Page 43 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 RE.8 RESOLUTION 11033 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND AUTHORIZING THE RATIFICATION OF THE SECOND AMENDMENT TO THE 1996 INTERLOCAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM ("2020 SECOND AMENDMENT ILA"), BETWEEN MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"), AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") IN ORDER TO EXTEND THE LIFE OF THE OMNI CRA TO 2047; AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2020 SECOND AMENDMENT ILA AND TAKE ANY AND ALL NECESSARY ACTIONS CONSISTENT WITH THIS RESOLUTION; FURTHER DIRECTING THE CITY MANAGER TO WORK WITH THE EXECUTIVE DIRECTOR OF THE OMNI CRA TO ENSURE A COPY OF THE 2020 SECOND AMENDMENT ILA IS TRANSMITTED TO THE COUNTY FOR REVIEW, APPROVAL, AND ACCEPTANCE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item RE.8 was deferred to the May 25, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.8, please see Item Number RE.10 and "Order of the Day." RE.9 RESOLUTION 13870 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NOS. 02-498 AND 02-596, ADOPTED ON APRIL 25, 2002, AND MAY 23, 2002, RESPECTIVELY, CO -DESIGNATING SOUTHEAST/SOUTHWEST 9TH STREET, FROM BRICKELL PLAZA TO SOUTHWEST 1ST AVENUE AS "BEETHOVEN'S NINTH SYMPHONY STREET," PURSUANT TO SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND REPLACING IN LIEU THEREOF, WITH A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING SOUTHWEST/SOUTHEAST 9TH STREET FROM BRICKELL PLAZA TO SOUTHWEST 1ST AVENUE, MIAMI, FLORIDA AS "CHABAD STREET" PURSUANT TO SECTION 54- 137 OF THE CITY CODE; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-23-0225 City of Miami Page 44 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 RE.10 13911 Commissioners and Mayor MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.9, please see Item Number RE.1, "Order of the day," and "Public Comments for all Item(s)." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMPLEMENT THE CITY OF MIAMI'S ("CITY") ORDINANCE REGULATING LEAF BLOWERS BY REQUIRING CITY DEPARTMENTS TO USE LEAF SHREDDERS AND VACUUMS INSTEAD OF LEAF BLOWERS; FURTHER DIRECTING THE CITY MANAGER TO INCLUDE THE REQUIREMENTS OF THE ABOVE REFERENCED ORDINANCE IN FUTURE CONTRACTS WITH CITY VENDORS; FURTHER DIRECTING THE CITY MANAGER TO IDENTIFY FUNDING SOURCES AND GRANTS AVAILABLE TO IMPLEMENT THESE POLICIES AND PROCEDURES DURING THE 2023 FISCAL YEAR. ENACTMENT NUMBER: R-23-0228 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number RE.10, please see "Order of the Day," and "Public Comments for all Item(s)." Victoria Mendez (City Attorney): Madam Chair, did you pull out RE.11 ? Chair King: Yes. Ms. Mendez: Okay. Chair King: I didn't call that one. 10 and 11 were pulled. Commissioner Reyes: 10 and 11. Arthur Noriega (City Manager): You pulled 9, 10, and 11 ? Chair King: 10 and 11. I didn't -- Commissioner Reyes: No, 10 was not pulled. City of Miami Page 45 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Chair King: No, 10 was pulled. Todd B. Hannon (City Clerk): Yes, 10 was pulled, yeah. Chair King: 10 was pulled. Commissioner Reyes: Oh, 10 was pulled? Chair King: I didn't call 10. Commissioner Reyes: Okay. Chair King: Okay. Commissioner Reyes: Now, I would like to move RE.10. Chair King: It was pull -- it was deferred. No, it wasn 't -- Commissioner Reyes: No. Chair King: -- deferred? Mr. Noriega: No. Commissioner Reyes: No. Chair King: Yes or no? Commissioner Reyes: No, it wasn 't deferred. Chair King: Okay. Mr. Noriega: 10 and 11 weren't deferred. Chair King: Oh, okay. Commissioner Reyes: Oh, 11 was deferred. Chair King: RE.11 was deferred. Mr. Noriega: It was? Commissioner Reyes: But RE.10, I think it was included in your list. Mr. Hannon: RE.11 is still in play. Mr. Noriega: Yeah, RE.11 's still in play. 10 and 11 were still on the agenda as part of the agenda -- regular agenda plasma. Commissioner Reyes: That's right. Mr. Noriega: We didn't pull or defer those. Commissioner Reyes: Neither one of them. Chair King: Okay. City of Miami Page 46 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Mr. Noriega: The only ones -- Chair King: Well, we need to -- Mr. Noriega: -- the only ones that were deferred were 2, 7, 8. Chair King: I have 2, 7, 8. Mr. Noriega: And that 's it on the RE (Resolution) agenda. Chair King: Okay, and I had 10 and 11, so I didn't call out 10 and 11, so we need to Mr. Noriega: Yeah. Commissioner Reyes: Call out -- Chair King: -- we need to -- Mr. Noriega: Yeah. Chair King: -- vote on RE.10 and 11. Do I have a motion? Commissioner Reyes: I move it. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? Ms. Mendez: Madam -- Chair King: Victoria. Ms. Mendez: For RE.11, we need to just make certain changes, which is that no fault to the City on the -- because the resolution right now states that we 're admitting to fault, so no fault to the City, each site to bear their own costs, so no cost to the City, and a release, hold harmless and indemnification. Commissioner Diaz de la Portilla: Madam -- Chair King: Commissioner. Commissioner Diaz de la Portilla: Thank you. Is this the item we discussed? Ms. Mendez: Yes. Commissioner Diaz de la Portilla: Okay. And what changes are you making now to what we discussed -- vis-a-vis what we discussed? Ms. Mendez: No, no, just what we discussed, which is a release, hold harmless and indemnification, each side to bear their own cost because there's a -- we were appealing an $18, 000 award of attorney's fees. Commissioner Diaz de la Portilla: I know. City of Miami Page 47 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Ms. Mendez: So, that for each side to bear their own cost so that they don't charge us the $18,000 because we were still appealing that. And then no fault to the City as it's drafted because it's drafted as that it's a fault to the City -- that we 're saying that we were atfaultfor something and we 're not. Commissioner Diaz de la Portilla: As a professional courtesy, Madam Chairwoman, can we come back to this a little bit later towards the end? Can we do that, leave it out for now, the conversation for later? Chair King: If that is the will of the body. Commissioner Diaz de la Portilla: Let me hear from the -- Chair King: If that's the will of the body. Commissioner Diaz de la Portilla: Or if you don't mind, can I hear from the -- Commissioner Covo: Yeah. Commissioner Diaz de la Portilla: -- Mayor first? Javier Fernandez: Madam Chair, good morning. Javier Fernandez, for the record, law offices at 1200 Brickell Avenue. Commissioner, I just wanted to note for the record we have no objections to the modifications that the City Attorney's proffering. I had spoken to Mr. Greco earlier and we are in agreement with those changes. Commissioner Diaz de la Portilla: I think it'd be a good idea you call me and tell me that. What do you think, Mayor? You and I have known each other for a long time. Mr. Fernandez: I know. You just got here a little bit later than I did this morning. Commissioner Diaz de la Portilla: A simple text will do. Mr. Fernandez: Thank you. Commissioner Reyes: Don 't surprise me. Mr. Fernandez: That's why I wanted to get up and let you know. Thank you, sir. Commissioner Diaz de la Portilla: I don't like to be surprised. So, she's okay? Mr. Fernandez: We are okay with the changes. Commissioner Diaz de la Portilla: And Madam Attorney, you're okay, too? Okay. As long as everybody is in. Commissioner Covo: Madam Chair, I just want to make sure that there was something that -- because this is important because it's in my district, and I was briefed on this item. And one of the main complaints that I was getting was that it wasn't being opened because of the litigation. So, from day one, I came in and I asked what was happening, because, of course, the green space is important for Brickell. Commissioner Reyes: Yeah. City of Miami Page 48 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Covo: Brickell is in desperate need of green space. So, as part of what we would want for this is to be reopened. Mr. Fernandez: Yes. And that's -- Commissioner Covo: I mean, it's going to be reopened as a park until the family decides exactly how they're going to use it. And then the other thing that I would request is to make sure that it's going to be used as an open space as well. Mr. Fernandez: Yes. Commissioner Covo: I understand that the property has an owner, but I do believe, and that's respectfully asking the owner, that we need to make sure that it's a lot that it shouldn 't be a high-rise. Mr. Fernandez: Yes, as the resolution reflects, we would be entering into a license agreement with the City to allow it to be used as a -- basically a park under private ownership for I think at the shortest duration we would expect for at least a year. And if there is an activation in the future, we'll have a significant public component, but for the moment we have no plans. Commissioner Diaz de la Portilla: And this is a conversation, also a priority to me, Commissioner, that we had before. Commissioner Covo: Okay. Commissioner Diaz de la Portilla: So, yes. Commissioner Covo: Then we agree. Commissioner Diaz de la Portilla: I'm on the same page as you are. Commissioner Covo: Awesome. Mr. Fernandez: And Commissioner, we thank you for bringing this matter forward and to Commissioner Diaz de la Portilla for co -sponsoring the item. We are grateful to be resolving this protracted litigation. Commissioner Covo: And it would also give us about a year to make sure that we can generate, Mr. Manager, I don't know how as yet, but more green space for the Brickell area. We 've gotten a few requests, including a dog park, that it's much needed for the residents. Chair King: I have a motion and a second. RE.11, as amended, all in favor? Commissioner Reyes: Does that include RE.10? Chair King: Yes, 10 and -- Commissioner Reyes: RE.10 and 11. Chair King: Um-hmm. Commissioner Reyes: Aye. Mr. Fernandez: Thank you. City of Miami Page 49 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 RE.11 13933 Commissioners and Mayor Commissioner Covo: Aye. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Commissioner Reyes: Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO ABANDON ALL APPEALS IN THE MATTER OF CITY OF MIAMI V. 1000 BRICKELL, LTD., CASE NO. 3D22-1347; FURTHER DIRECTING THE CITY MANAGER TO PROCESS SUCH FUTURE LAND USE MAP (FLUM) AMENDMENT AND REZONING APPLICATIONS AS MAY BE NECESSARY TO REDESIGNATE THE PARCELS LOCATED AT 25 SE 10TH STREET (FOLIO NO. 01-0207-020-1070) AND 20 SE 10TH STREET (FOLIO NO. 01-0207-030-1011)(COLLECTIVELY, THE "PARCELS"), AS FURTHER DESCRIBED IN EXHIBIT "A," TO A FLUM AND ZONING DESIGNATION THAT IS CONSISTENT WITH THE DESIGNATIONS OF SUCH PROPERTIES IMMEDIATELY ABUTTING THE PARCELS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0229 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.11, please see Item Number RE.10 and "Order of the Day." City of Miami Page 50 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 RE.12 13954 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND WEST FLAGLER ASSOCIATES, LTD., A FLORIDA LIMITED PARTNERSHIP ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 425 NORTHWEST 35 AVENUE, MIAMI, FLORIDA (FOLIO NO. 01-4104-023-0200), 435 NORTHWEST 37 AVENUE, MIAMI, FLORIDA (FOLIO NO. 01-4104-023-0190), AND 445 NORTHWEST 37 AVENUE (FOLIO NO. 01-4104-023-0180) (COLLECTIVELY, "PROPERTY"), FOR A PURCHASE PRICE OF THREE MILLION, FOUR HUNDRED SEVENTY-NINE THOUSAND AND 00/100 DOLLARS ($3,479,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; ALLOCATING FUNDS THE DISTRICT 4 COMMISSIONER'S SHARE OF THE MIAMI FOREVER LIMITED AD VALOREM BOND FUNDS FOR SEA LEVEL RISE MITIGATION AND FLOOD PREVENTION PROJECTS, SPECIFICALLY EAST FLAGAMI FLOOD MITIGATION (PUMP STATION) PROJECT, PROJECT NO. 40-B223801, IN AN AMOUNT NOT TO EXCEED THREE MILLION, FIVE HUNDRED FIFTY-FOUR THOUSAND AND 00/100 DOLLARS ($3,554,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. ENACTMENT NUMBER: R-23-0226 MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.12, please see Item Number RE.11. City of Miami Page 51 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 RE.13 13955 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REALLOCATING FUNDS, IN THE TOTAL AMOUNT OF TWO HUNDRED THOUSAND AND 00/100 DOLLARS ($200,000.00) ("FUNDS") FROM PROJECT NO. 40-B40714, D4 PARK, STREET, AND LIGHTING IMPROVEMENTS IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2022-23 MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 10, 2022 PURSUANT TO RESOLUTION NO. R-22-0321 AS AMENDED ("CAPITAL PLAN"), AND RE -APPROPRIATING SAID FUNDS TO THE CITYWIDE STORM SEWER REPAIR PROJECT (SW 22ND TERRACE FROM SW 19TH AVENUE TO SW 21ST AVENUE), PROJECT NO. 40-B30262; FURTHER REALLOCATING FUNDS, IN THE TOTAL AMOUNT OF ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($150,000.00) ("FUNDS") FROM PROJECT NO. 40-B40714, D4 PARK, STREET, AND LIGHTING IMPROVEMENTS IN THE CITY'S CAPITAL PLAN, AND RE - APPROPRIATING SAID FUNDS TO THE SHENANDOAH PARK PLAYGROUND AND GENERAL ENHANCEMENTS PROJECT, PROJECT NO. 40-B233507; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0227 MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.13, please see Item Number RE.1. END OF RESOLUTIONS City of Miami Page 52 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 13910 Commissioners and Mayor AN ORDINANCE OF THE CITY COMMISSION, AMENDING CHAPTER 22/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL," BY ESTABLISHING SECTION 22-23 OF THE CITY CODE, TITLED "PROHIBITED DISPOSITION OF YARD WASTE, DIRT, OR DEBRIS WHEN USING LEAF BLOWERS OR RAKING, PROTECTING STORMWATER CATCH BASINS AND CITY RIGHT-OF-WAYS"; FURTHER AMENDING CHAPTER 22/ARTICLE III OF THE CITY CODE, TITLED "GARBAGE AND OTHER SOLID WASTE/ ENFORCEMENT AND ADMINISTRATION," BY ESTABLISHING SECTION 22-93 OF THE CITY CODE, TITLED "PENALTIES FOR PROHIBITED DISPOSITION AND RAKING OF YARD WASTE, DIRT OR DEBRIS WHEN RAKING OR USING LEAF BLOWERS," PROVIDING PENALTIES FOR VIOLATIONS OF SECTION 22-23 AS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE; PROVIDING AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number FR.1, please see "Order of the day," and "Public Comments for all Item(s)." Chair King: Do I have a motion for FR.1, 2, and 3? Commissioner Reyes: 2 and 3. Move it. Commissioner Covo: Second. Chair King: All in favor? Commissioner Reyes: Aye. Todd B. Hannon (City Clerk): Chair, Chair, the titles need to be read into the record for the first reading ordinances. Chair King: Oh, I'm sorry. That's true. Mr. Hannon: And FR.3 is going to be amended. Commissioner Reyes: Okay. Chair King: What? City of Miami Page 53 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Mr. Hannon: And FR.3 is going to be amended on the floor. Chair King: Okay, Madam City Attorney, can you read for the record the titles? Victoria Mendez (City Attorney): FR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And FR.3, there was a substitution. The Ordinance was read by title into the public record by the City Attorney. Chair King: I have a motion -- Commissioner Reyes: Move it. Chair King: -- and a second. All in favor? Mr. Hannon: I'm sorry, Chair. Who is the mover? Oh, Reyes. Commissioner Reyes: I move it. Mr. Hannon: Okay. Chair King: All in favor? Commissioner Covo: I sec -- Commissioner Reyes: And second. The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 54 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 FR.2 ORDINANCE First Reading 13901 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/SHOPPING CARTS," TO CLARIFY CITY OF MIAMI ("CITY") DEPARTMENTS USED FOR ENFORCEMENT AND TO PROVIDE MORE STRINGENT COMPLIANCE FOR CART PICKUP AFTER REMOVAL BY THE CITY FROM PUBLIC PROPERTY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number FR.2, please see Item Number RE.1. FR.3 ORDINANCE First Reading 13959 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION PROHIBITING SMOKING AND VAPING INCLUDING, BUT NOT LIMITED TO, THE CONSUMPTION OF CANNABIS, IN ALL OF ITS FORMS AND EXTRACT PRODUCTS, IN PUBLIC PARKS AND BEACHES; AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENSES - MISCELLANEOUS", BY CREATING SECTION 37- 17, TITLED "SMOKING AND VAPING INCLUDING, BUT NOT LIMITED TO, THE CONSUMPTION OF CANNABIS, IN ALL OF ITS FORMS AND EXTRACT PRODUCTS, IN PUBLIC PARKS AND BEACHES PROHIBITED"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THIS ORDINANCE AND SPREAE PUBLIC AWARENESS OF ITS EFFECT, INCLUDING, BUT NOT LIMITED TO, THE POSTING OF SIGNAGE IN PUBLIC BUILDINGS, PARKS, AND BEACHES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo City of Miami Page 55 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Note for the Record: For minutes referencing Item Number FR.3, please see "Order of the Day," and "Public Comments for all Item(s)." END OF FIRST READING ORDINANCES City of Miami Page 56 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.1 8938 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 57 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.2 13495 Office of the City Clerk BC.3 11553 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ART IN PUBLIC PLACES BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate At -Large) (Alternate At -Large) NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Seth Gordon Commissioner Sabina Covo ENACTMENT NUMBER: R-23-0214 City of Miami Page 58 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.4 6672 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: I believe we 're now on the boards and committees. Commissioner Reyes: Anybody that wants cake, just go to my office. Chair King: Mr. City Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. BC.3, Arts and Entertainment Council. Commissioner Covo will be appointing Seth Gordon. Chair King: Need a motion. Do I have a motion? Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 59 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.5 13708 Office of the City Clerk BC.6 13693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY CONFIRMING THE CITY CLERK'S CERTIFICATION OF THE DECLARATION OF RESULTS OF THE CITY OF MIAMI CIVIL SERVICE BOARD ELECTION HELD ON APRIL 20, 2023, AND APRIL 21, 2023. ELECTED REPRESENTATIVE: SEAT REPRESENTED: Ulysses Garcia Seat No. 1 Wilbur Max Jackson, Jr. Seat No. 2 ENACTMENT NUMBER: R-23-0215 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Todd B. Hannon (City Clerk): BC. 6, confirmation of the Civil Service Board election results. This item is a resolution confirming the certification of the election results of Ulvsses Garcia, elected to Seat 1, and Wilbert Max Jackson, Jr., elected to Seat number 2 on the Civil Service Board. Commissioner Reyes: Move it. City of Miami Page 60 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.7 13122 Office of the City Clerk BC.8 13408 Office of the City Clerk Chair King: Do I have a motion? Do I have a second? Commissioner Diaz de la Portilla: I'll second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large City of Miami Page 61 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.9 6958 Office of the City Clerk BC.10 13711 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN 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: NOMINATED BY: Keon Williams Commissioner Christine King ENACTMENT NUMBER: R-23-0216 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo City of Miami Page 62 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.11 8804 Office of the City Clerk Todd B. Hannon (City Clerk): BC.10, Code Enforcement Board. Commissioner King would like to appoint Keon Williams to the District 5 seat. Chair King: Do I have a motion? Commissioner Diaz de la Portilla: I'll move it. Chair King: Second? Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Sandy Moise ENACTMENT NUMBER: R-23-0217 NOMINATED BY: Commissioner Sabina Covo MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Reyes ABSENT: Carollo, Covo Todd B. Hannon (City Clerk): Yes, BC.11, Commission on the Status of Women and Quality of Life Committee. Commissioner Covo will be appointing Sandy Moise. Commissioner Reyes: Move it. Chair King: Do you have a motion? Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: Second. Chair King: Motion and a second. All in favor? City of Miami Page 63 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.12 12423 Office of the City Clerk The Commission (Collectively): Aye. Chair King: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Steven Dloogoff ENACTMENT NUMBER: R-23-0218 NOMINATED BY: Commissioner Sabina Covo MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Diaz de la Portilla, Reyes ABSENT: Carollo, Covo Chair King: Do you have anything else? Todd B. Hannon (City Clerk): BC. 12, Community Relations Board. Commissioner Covo will be appointing Stephen Dloogoff. Chair King: Do I have a motion? Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: Is Commissioner Covo here? Chair King: Second. I'll second it. All in favor? The Commission (Collectively): Aye. City of Miami Page 64 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.13 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 AFSCME 871 RESULT: NO ACTION TAKEN City of Miami Page 65 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.14 13125 Office of the City Clerk BC.15 7963 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 66 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.16 13126 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: (Citizen — Category 7) (Architect/Architectural Historian - Category 4) (Real Estate Broker — Category 5) (Citizen — Category 7) (Business and Finance or Law — Category 6) (Architect — Category 1) (Landscape Architect — Category 2) NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 67 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.17 13714 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Christine King Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 68 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.18 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 69 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.19 8805 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 70 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.20 9270 Office of the City Clerk BC.21 13416 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Anthony Parrish, Jr. Commissioner Sabina Covo Juan Carlos Zapata Commissioner Sabina Covo ENACTMENT NUMBER: R-23-0219 City of Miami Page 71 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Reyes ABSENT: Carollo, Covo Todd B. Hannon (City Clerk): BC.21, Planning, Zoning and Appeals Board. Commissioner Covo will be reappointing Anthony Parrish and appointing Juan Carlos Zapata. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: I'll second that. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Hannon: That concludes -- that concludes the boards and committees. Thank you, Chair. Chair King: Thank you. Commissioner Reyes: Okay, they all been appointed. Chair King: All of your appointments were made. Commissioner Covo: Thank you. I was at the bathroom. Chair King: Okay, I believe we are -- Commissioner Reyes: You were in conference. Commissioner Diaz de la Portilla: You took a great bathroom break. City of Miami Page 72 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.22 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 73 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 BC.23 11273 Office of the City Clerk BC.24 13716 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Sabina Covo RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES City of Miami Page 74 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 6608 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE Planning FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS AMENDED, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND RECREATION" OF APPROXIMATELY 1.87 ACRES OF A PORTION OF REAL PROPERTY LOCATED AT 5175 AND 5035 NORTHEAST 2 AVENUE AND FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF APPROXIMATELY 24.10 ACRES OF A PORTION OF REAL PROPERTY LOCATED AT 5175 AND 5035 NORTHEAST 2 AVENUE AND ALL OF 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." City of Miami Page 75 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.2 ORDINANCE First Reading 6117 AN ORDINANCE OF THE MIAMI CITY COMMISSION PURSUANT TO Department of ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Planning ("MIAMI 21 CODE"), BY REZONING CERTAIN PARCELS FROM "T5- 0", URBAN CENTER -OPEN, AND "T5-R", URBAN CENTER - RESTRICTED, TO "CS", CIVIC SPACE, AND "T6-8A-O", "T6-8B-O", AND "T6-12-0", URBAN CORE -OPEN, FOR THE DEVELOPMENT OF APPROXIMATELY 25.97 ACRES (1,131,253 SQUARE FEET) FOR THE "SABAL PALM VILLAGE SPECIAL AREA PLAN" ("SAP") GENERALLY LOCATED AT 5175 NORTHEAST 2 AVENUE, 5035 NORTHEAST 2 AVENUE, AND 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", CONSISTING OF A PHASED PROJECT DIVIDED INTO A MAXIMUM OF FOUR (4) PHASES WHICH INCLUDE APPROXIMATELY 2,929 RESIDENTIAL DWELLING UNITS, 400 LODGING UNITS, 168,011 SQUARE FEET OF OFFICE SPACE, 296,297 SQUARE FEET OF COMMERCIAL SPACE, 43,760 SQUARE FEET OF SPECIAL TRAINING/VOCATIONAL SCHOOL, AND 4,782 PARKING SPACES; MODIFYING THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE APPLY; THE SQUARE FOOTAGE NUMBERS ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT SHALL NOT EXCEED 5,899,658 SQUARE FEET OF TOTAL DEVELOPMENT AND SHALL CONTAIN A MINIMUM OF 195,272 SQUARE FEET OF CIVIC SPACE AND A MINIMUM OF 248,923 SQUARE FEET OF OPEN SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." City of Miami Page 76 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.3 ORDINANCE First Reading 6118 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUES, BETWEEN SPV Planning REALTY LC AND THE CITY OF MIAMI ("CITY") RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF NET 22.47 ± ACRES FOR THE SABAL PALM VILLAGE SPECIAL AREA PLAN ("SPV SAP") COMPRISED OF AN ASSEMBLAGE OF PARCELS LOCATED AT APPROXIMATELY 5175 NORTHEAST 2 AVENUE, 5035 NORTHEAST 2 AVENUE, AND 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF LAND FOR MIXED USES; AUTHORIZING USES INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING, AND ANY OTHER USES AUTHORIZED BY THE SPV SAP AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN — FUTURE LAND USE MAP DESIGNATION AND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." City of Miami Page 77 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.4 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: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Intervenor Status was granted by unanimous consent to Alvin Smith pursuant to Section 7.1.4.3(d) of Miami 21 for Item PZ.4. Note for the Record: For additional minutes referencing to Item Number PZ.4, please see "Public Comments for all Item(s)." Commissioner Diaz de la Portilla: PZ (Planning and Zoning) -- Chair King: We are on our PZ items. Commissioner Reyes: Very timely. Commissioner Diaz de la Portilla: PZ. 13, I believe. I want to defer that. It's in my district. Has it been deferred already? No? Chair King: Okay. PZ -- do you have the ones that were deferred and stuff? Commissioner Diaz de la Portilla: I do. Chair King: Okay. So -- Commissioner Diaz de la Portilla: I'm not sure about 13. Chair King: Do I have a motion for PZ.4, 5, 6, 7, 8, and 9? Commissioner Diaz de la Portilla: I'll move it. Chair King: Second. City of Miami Page 78 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Reyes: Hold on a second. Before -- before we vote, I have a Jennings disclosure (INAUDIBLE). Chair King: Okay. Commissioner Reyes: (UNINTELLIGIBLE) disclosure. Chair King: Madam City Attorney, Commissioner Reyes has a Jennings disclosure on all of them, he said. And I'm going to -- I have a Jennings disclosure as well. Victoria Mendez (City Attorney): Yes. And I believe Commissioner Covo does too, but are you -- you want to do all of them before the PZs or as they come up? Chair King: All of what, the Jennings disclosures? Ms. Mendez: The -- right. Do you want to do them before the PZs or as each -- Chair King: No. Ms. Mendez: -- one comes up? Chair King: I have one on all of them so -- Ms. Mendez: Oh, okay. Lakisha Hull (Director, Planning): Madam Chair, for the record, PZ.8 and PZ.9, Planning Department had a derent recommendation from what the applicant requested. So, we just need to clarify what the vote would be on that one, ma'am. Chair King: Elvis, the public comment period is over. Commissioner Diaz de la Portilla: Well, if the motion is to move them all, it doesn't matter. Elvis Cruz: I have a point of order. Commissioner Diaz de la Portilla: You could recommend what you want, but if the motion is to move them all, it's to move them all, right? Ms. Hull: So, the applicant is requesting a certain zoning and a land use. We just want to make sure for the record that it's -- Commissioner Diaz de la Portilla: Which one is it? Ms. Hull: 8 and 9, sir, so that we're approving what the applicant is requesting for the record. Chair King: 8 and 9. Commissioner Diaz de la Portilla: This is the -- well, the Planning Department recommended denial. Ms. Hull: Yes, sir. Commissioner Diaz de la Portilla: This is the -- hold on. The co -living? City of Miami Page 79 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Ms. Hull: No, sir. This is a future land use map and a rezoning, sir. Chair King: Co -living is 10. Commissioner Diaz de la Portilla: I know, I'm just following it, sorry. I didn't take my smart pill today. Chair King: You always do. Commissioner Diaz de la Portilla: That's Commissioner -- no, I don't say that; Carollo says that. I copy him every once in a while. PZ.8, okay, I'm okay with that one. [Later... J Chair King: PZ.4 and 5. Lakisha Hull (Director, Planning): So, Madam Chair, PZ.4 and 5 -- Commissioner Diaz de la Portilla: Can I take a five-minute break? Ms. Hull: -- there's different recommendations as well on that one. Commissioner Diaz de la Portilla: Can we deny intervenor status and just move on? Victoria Mendez (City Attorney): So, on the -- so, on the intervenor status, it's like a mini hearing. Chair King: It's a mini -- Victoria, how long do you anticipate that that would take? David Winker: Well, I -- my client was here earlier, Alvin Smith. He 's a mover, and he had to leave for a job. So, I don 't know if it would be possible -- Chair King: So, I don't think it would be possible to do it. So, can we defer PZ.4 and 5? Commissioner Diaz de la Portilla: I move to defer PZ.4 -- Chair King: Well, only -- Commissioner Diaz de la Portilla: Well -- Chair King: I know, but I don't want to not hear the whole thing. I don't -- you know, I don't know ifhe'll even have intervenor status, but I don't want to -- Commissioner Diaz de la Portilla: Well -- Chair King: -- deny it because they're not here. Commissioner Diaz de la Portilla: Well, they left. Chair King: They did leave. Ms. Mendez: But they're -- he's represented by an -- Chair King: But he 's represented by counsel. City of Miami Page 80 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Diaz de la Portilla: So, why did he say that he left? Who cares if you're representing him, right? Chair King: Right. So, I'm just frying to give everyone due process. Commissioner Diaz de la Portilla: So, why can 't he just say what he needs to say? Chair King: Because we need to hear -- Victoria, don't we need to hear from the intervenor? Ms. Mendez: Right, so it depends -- Chair King: Not just his counsel. Ms. Mendez: Right, so it depends how Mr. Winker's going to proceed. If he's going to have his client testify as to things, if he 's just going to say everything. So, it depends how he 's going to proceed. Mr. Winker: So, I guess it'll be -- I guess we'd start with whether you guys would agree to, I mean, to intervenor status, which I'm assuming you 're going to say no. Javier Avino: No. And we've also, just for the record, this item has been before this board several times already. Chair King: I know. Mr. Avino: There's been ample opportunity -- Chair King: I under -- Mr. Avino: -- to establish intervenor status if that's something that was, you know, if they wanted. And so, to Commissioner Diaz de la Portilla's point, I mean, they're represented by counsel. Counsel, can -- you know, you certainly can entertain counsel's comments and thoughts. Chair King: Victoria? Ms. Mendez: You can proceed that way. I just don't know how Mr. Winker was planning to proceed. So, I guess we can ask Mr. Winker what he was going to do. Mr. Winker: I would love for him to be here because I think it's fair. I mean, he is an abutting neighbor, you know, like he is -- Chair King: But we do have, we do have a neighbor that is -- Mr. Winker: Another abutting neighbor. Chair King: -- is the abutting -- is the abutting neighbor. Mr. Winker: Exactly, that's -- yeah. Commissioner Diaz de la Portilla: So, do we need to --? Chair King: No, but another -- there 's -- City of Miami Page 81 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Mr. Winker: I know. Commissioner Diaz de la Portilla: Well, hold on, hold on. Chair King: Right. Mr. Winker: Yep. Commissioner Diaz de la Portilla: Calm down, cowboy, relax. It's better -- let's see, we go ahead and we -- are we going to grant him intervenor status? We have to vote on that? Chair King: No, we have to -- Commissioner Diaz de la Portilla: We have to vote on that? Chair King: They have to present -- they have to present. Commissioner Reyes: They have to present. Commissioner Diaz de la Portilla: And then we decide. Chair King: Right. Ms. Mendez: And then you decide. Chair King: Then we decide if they qualms as the intervenor. Commissioner Diaz de la Portilla: Correct, okay, so -- Chair King: So, they have to present. Ms. Mendez: So, the intervenor hearings usually take longer than the actual hearing Commissioner Reyes: Yeah. Chair King: Right. Ms. Mendez: -- on the item. So, are you sure -- Commissioner Reyes: Yes. Ms. Mendez: -- you don't want to just -- Commissioner Diaz de la Portilla: No, we want to go -- I prefer to get it out of the -- you know, off our plate. Chair King: Well, let's -- what does your client say? Mr. Avino: We'll go ahead and -- we'll grant him intervenor status. Commissioner Reyes: You will grant it? Mr. Avino: Yeah. City of Miami Page 82 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Diaz de la Portilla: Yes, even better still. Commissioner Reyes: Hold on a second. Then we don't have to vote. He's accepting it. Chair King: Right, if we accept. So, now we just -- Commissioner Reyes: He 's accepting. Chair King: -- vote on the items? Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: Let's vote on the item -- Chair King: Okay. Commissioner Reyes: -- items. Commissioner Diaz de la Portilla: Yes. Ms. Mendez: Now, so normally on -- when you grant intervenor status, then Mr. Winker -- Commissioner Diaz de la Portilla: They make the presentation, yes. Ms. Mendez: Right, they make the presentation and Mr. Winker is able to ask some questions, you know, as an intervenor if he so chooses or make his statement -- Commissioner Reyes: But -- Ms. Mendez: -- a little longer than, you know, the two minutes. Commissioner Reyes: Madam City Attorney, they accept the intervenor status. Ms. Mendez: No, no, I -- yes, so we are past -- Commissioner Reyes: (UNINTELLIGIBLE). Ms. Mendez: -- we're past the inter -- Commissioner Reyes: We pass -- we passed everything that you said. Ms. Mendez: Right, we passed the long protracted intervenor hearing. Now, as an intervenor, he 's able to ask a few questions, make a presentation as they make a presentation. Commissioner Diaz de la Portilla: That's true, but we can limit the length of it, can't we not? Ms. Mendez: You can limit everybody's participation. Commissioner Diaz de la Portilla: Okay, let's do that, let's do that. How much time do you need, Mr. Winker? Mr. Winker: And I'll -- it won't be lengthy. City of Miami Page 83 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Chair King: Okay. Commissioner Diaz de la Portilla: Okay, let's do it. Chair King: Go ahead. Mr. Winker: So, do you want me to start, or you want a presentation from the other side? I'm happy to start. Commissioner Diaz de la Portilla: You start. Chair King: Go ahead. Mr. Winker: You got it. Good afternoon, Commissioners. I appreciate the opportunity to address you. Happy birthday, Commissioner Reyes. Commissioner Reyes: Thank you. Mr. Winker: This is along the lines of something you said earlier about preserving neighborhoods. I represent Alvin Smith, whose family and him have lived at 52 Northwest 39th Street, directly next door to the subject properties, for decades. The issue before the Commission is a first reading of the proposed upzonings of three lots on Northwest 39th Street and the Buena Vista neighborhood, from single family to duplex, even though they don't satisfy any of the three requirements needed to apply to even apply for such an upzoning. This upzoning is the exact type of spot zoning that residents were promised would not happen under Miami 21. We were told there would be no more upzonings intruding into single-family neighborhoods because we would be protected by the specific language in Miami 21 at Section 7.1.2.8(c)(2)(g) that requires an applicant for a zoning change to show why the existing zoning is inappropriate. That didn't happen here because there's nothing inappropriate about this single-family zoning. In fact, Assistant Planning Director David Snow was asked by the chair at the January 18th PZAB (Planning, Zoning and Appeals Board) meeting if this existing single-family zoning is appropriate. Mr. Snow said it is appropriate. Therefore, according to Miami 21 7.1.2.8(c)(2)(g), this zoning change cannot be allowed. Period. Full stop. City staff is correct to recommend denial of the T4 upzoning. But their recommendation to instead make it T3-O is wrong on several levels and inconsistent with the code. First, T3-0 would be illegal because it violates Miami 21 Section 7.2 -- 7.1.2.8(c)(1). It is not an extension of an existing transect. It is not greater than 40,000 square feet and does not have 200 feet of street frontage. It meets none of the requirements to even be considered for a zoning change. Therefore, you cannot consider it. Despite knowing that, the developer is trying a backdoor maneuver in which the developer applies for T4, which they know they are not allowed to do, but then the City wants you to instead give them T3-O, which I've shown you they should not be allowed to get under the Code. And let me back up. They shouldn't even be allowed to -- they're asking for something that they can't even apply for. The end run they've done is to have the City suggest that when they couldn't even apply for it in the first place. Again, making this property T3-O is a classic example of improper spot zoning. And this will create a domino effect in this single-family neighborhood. Mr. Andy Parrish on the PZAB mentioned it at the last meeting. If you give this to this developer, the next developer is going to say you have to give it to me. How many times have we seen that here at the Commission where the Commission says we can't -- the legal liability for denying the next guy won't allow us to do this. Commissioners, this would never be allowed in other single-family neighborhoods like the South Grove, the Roads, Coral Gate, Morningside that we've heard a lot about today. This single-family neighborhood is not affluent as those City of Miami Page 84 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 other neighborhoods, but it deserves respect and protection. Please do so. This is an awful proposal that will negatively impact this neighborhood. In sum, there is no hardship. There's no valid reason to approve this upzoning. It's a simple case of developer greed. There are plenty of T4 and T3-O land throughout the city, but they've got it backwards. Instead of designing their project to fit the zoning, they want you, the Commissioners, to change the zoning to fit the product -- project. This is a departure from the essential requirements of law, and if you pass it, it will be grounds for a successful petition for writ certiorari. Please don't make these neighbors go to court to get the City to enforce Miami 21. With that, I conclude my presentation. Is Mr. Snow here from the Planning Department? I was wondering if I could ask him a couple of questions. Before Mr. Snow -- Ms. Mendez: And before we continue, I'm sorry, Commissioner Covo just remembered that there was a meeting between Mr. Avino and her, so she would like to make her Jennings disclosure that there was a meeting now that we're in the presentation. Are you fine with that, Mr. Winker, and we can proceed? Mr. Winker? Mr. Winker: I'm fine. Ms. Mendez: Okay. Thank you so much. Mr. Winker: For sure. Mr. Avino: Before that, I do think it is important that staff be presented the opportunity to provide their full report and analysis because that is what serves as the substantial competent evidence on which both the Planning and Zoning Appeals Board relied as well. Chair King: You 're ahead of -- you 're a little ahead of me because I was going to ask our -- Madam Director, he made some very serious accusations and said that we are going against Miami 21, that we are taking illegal steps. Could you address that, please? Ms. Hull: Good afternoon. Lakeisha Hull, Planning Director. For the record, Assistant Director David Snow is here to also provide a response in regards to what was stated. There is a staff analysis signed by the Planning Director that fully analyzed and evaluated the petitioner and the applicant's request in compliance with the Miami Comprehensive Neighborhood Plan and also in compliance with the Miami 21 Code. So, upon that detailed analysis, we were finding that what they asked for was not in compliance with the abutting and consistencies in the land use around the property. That's why staff recommended a lower intensity of duplex residential. The applicant was able to comply that that was a more appropriate density for the property, and then the comparable zoning, which Planning Department staff reviewed and analyzed, and I signed off on that report itself, was also comparable to that density. So, I just want to just say for the record, the complete analysis is done. It's in the record. It's in the legislative file for both items. Chair King: Thank you. You may proceed. Mr. Winker: I was going to ask ifI could ask Mr. Snow a couple of questions. I'll be brief. Chair King: Mr. Snow -- Assistant Director Snow, I'm sorry. David Snow (Assistant Director, Planning): Thank you. Good afternoon. City of Miami Page 85 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Mr. Winker: Good afternoon, Mr. Snow. At the PZAB meeting, were you asked if the existing zoning of these properties was appropriate and you --? First of all, let me ask that. Were you asked if the existing zoning of these properties was appropriate at the PZAB meeting? Mr. Snow: I was not asked that specifically. Mr. Winker: You were never asked whether the -- Mr. Snow: I was asked -- just to be clear, I was asked about a specific section within Miami 21 and if we were in compliance with that section or not. Mr. Winker: So, you were never asked if the existing single-family zoning was appropriate? Mr. Snow: I was not asked that specifically, and that information is in our staff report. Mr. Winker: And so, in the staff report, you addressed whether the existing single- family zoning was appropriate? Mr. Avino: I have to -- I mean, the staff report is on the record. I have to object to this line of questioning. It's on the record, it's in the minutes, it's available to Mr. Winker. He has the opportunity to review it. There's no need for -- and Mr. Snow has already asked and answered that it is -- Chair King: I agree. He's asked -- he's answered. Mr. Winker: But he -- he -- okay. I mean, all right, no problem. Mr. Snow, under Miami 21, Section 7.1.2.8,(c)(2)(g), is it correct that the applicant is required to submit an analysis that explains why the existing zoning is inappropriate? Mr. Snow: So, applicants typically submit a letter of intent, and within that letter of intent, they describe and justift their request for the rezone. Mr. Winker: I understand that they're asking -- that they give why they want an upzoning, but are they required to say under the code why the existing zoning is improper? Mr. Avino: Again, I'm going to object to this. The City has already answered that the applicant complied with the application requirements and put forth a valid application to be before this board. And so, again, I'm going to object to that line of question. Mr. Winker: And I'm just -- I'm asking if the application contained that language. Mr. Snow: I did not read this particular letter of intent. Our staff has completed that review, and they found that it is compliant with that section of the code. Chair King: And it is available to you, Attorney. Mr. Winker: It's not in there, that's the point. They didn't follow the code. Did City staff do an analysis on the upzoning of these properties to T3-O? Mr. Avino: Again, this question has been asked and answered. It's in the analysis. City of Miami Page 86 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Chair King: Actually, the director answered that in her comments. Ms. Hull: That's correct. Chair King: The director, she answered that. Mr. Winker: I don't think the record -- I just want the record to reflect that she answered the question of whether they did an analysis of the actual upzoning occurred. Ms. Hull: That's part of the recommendation, sir. Yes, if you read the staff analysis, it states -- Mr. Winker: Thank you. Ms. Hull: -- that that's what we recommended, and I signed off on that, sir. Mr. Winker: I'd like to ask the staff what evidence of hardship was presented as to the requiring this upzoning? Mr. Avino: I could address that. There's not a hardship requirement on a rezoning request. Mr. Winker: I'd like the staff to answer whether they -- Ms. Hull: So, I can chime in here. Under the legislative file for both items, there is a link that has application supporting documents. So, it's a complete packet that shows all the evidence that staff used to justify our analysis. So, that's how we were able to render our decision of what we have under the future land use map and also the rezoning. So, I'm not sure, sir, ifyou've seen those supporting documents under -- Mr. Winker: Yeah, no, I reviewed -- Ms. Hull: Okay. Mr. Winker: -- that. Ms. Hull: Okay, thank you. Mr. Winker: My point is it's not in there. There is no analysis of a hardship. I would posit to the board that -- Chair King: Madam Director, is a hardship required? Ms. Hull: It's not required. So, think about it this way, sir. You have to comply with the Florida statute requirement for analyzing future land use maps and rezoning request. And so what we do, we look and see of the merits of the request, sir, and provide a recommendation such for. Mr. Winker: So, just to clarify for the record, you guys are not doing a separate analysis of whether the applicant has made a case, whether the current zoning is appropriate? Ms. Hull: So, I believe I've already answered that question. We analyzed the request that we received. And so that's the merits of -- we get applications all the time requesting certain designations. We analyze to see if it's appropriate. We've City of Miami Page 87 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 currently already analyzed the current zoning and the future land use map that's why it's already in place. So, that's where we -- we base our recommendation based on what was submitted to us, and then we provide a recommendation from that standpoint, sir. Chair King: Thank you, Madam Director. I believe Madam Director did say that they felt that this request was appropriate. You want to -- Mr. Avino: Yes. Chair King: -- present your side now? Mr. Avino: Absolutely. Thank you. So, for the record, Javier Avino, with law offices at 1450 Brickell Avenue, here on behalf of the applicant and owner of these properties. First, I'd like to thank staff profusely for their work on this application. It has been many months to get to this point, including their work directly with the presidents of the two associations to hear their concerns. And I also want to thank the neighbors, those that are here, as well as those that are not here with us today, but certainly participated in the very lively discussion that we had hosted at the Ramos home, which is the immediately abutting neighbor. Ms. Ramos spoke about the impact to, you know, to her home, which is the immediately abutting home on one side, as well as two homes directly in front. That meeting was attended -- and I'm going to submit on the record several things, including the meeting minutes from that meeting. That meeting was attended by nearly 40 residents who spoke to us about our application. I'm also going to submit some letters of support from various neighbors as well. We got ahead of this application, you know, early on. So, before there was any hearing set, any meeting set, we wanted to reach out to the neighbors. And we wanted to make sure that we were being sensitive to what our request was. We had proffered with our application, our -- initially a covenant, a covenant that would restrict our use and ensure that there would not be commercial encroachment into the neighborhood. However, the neighbors shared with us their concerns over covenants in general, their, you know, dislike for covenants that could be misused. And so, that is what brought forth the ability to look at this and modem the alternate recommendation that staff has made based on their analysis. I should really clam and hone in on one point that I think is critical here and that distinguishes this from a lot of other neighborhoods throughout the city. This is not a T3-R neighborhood. A T3-R neighborhood is a single family only neighborhood. A T3-L neighborhood, the significant distinction there is that T3-L already allows currently for accessory dwelling units for homes -- rear homes in the back. In fact, I will also submit onto the record an analysis that we did along this street and in the neighborhood that allows for -- Commissioner Reyes: Madam Chair, can I ask him a question because he said something that caught my attention? Mr. Avino: Sure. Chair King: Want to wait until his presentation is -- would you like to wait until the presentation is over, or you want --? Commissioner Reyes: No, because it's just related to what he just said. Chair King: Okay. Commissioner Reyes: You -- according to your position -- I mean, what you 're saying, it is -- today you can build two units in the same lot? City of Miami Page 88 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Mr. Avino: You could build a main home as well as an accessory dwelling unit. So, yes, yes, Commissioner, you could build -- Commissioner Reyes: So, for all practical purposes, you have a duplex? Because if you have two units that are livable, then they are duplex. Mr. Avino: That is correct, Commissioner. Commissioner Reyes: Okay. Mr. Avino: This is really a question ofform, not really, you know, function. In other words, you already can have and already exists -- contextually, the neighborhood already has several of these accessory dwelling units that exist. That's the nature and the context of this neighborhood. So, the request is from T3-L to T3-O -- Commissioner Reyes: And -- Mr. Avino: -- which affords you the opportunity to do the -- Commissioner Reyes: -- could you explain what is going to be the difference? The difference is going to be. Mr. Avino: The difference, Commissioner, is form, right? So, instead of having a main home with an accessory dwelling unit or a casita in the back, you are able to have, you know, a frontage that has two homes right up on the front. Commissioner Reyes: But basically, they are two living units. Mr. Avino: It is height. Height remains the same. You know, function, again, remains the same. Commissioner Reyes: It's the same. Mr. Avino: But I did want to make sure that I put on the record, you know, the outreach that was done. We're very, you know, proud of that outreach. You know, I love when there's consensus. Unfortunately, consensus is not always achievable, but that's my goal. And you know, we had very, very, very vocal neighbors when we met there at the Ramos home. And again, thank you to them for opening up their home to us. You know, they were not pleased with the original request, but where we arrived is really something that I think speaks volumes of the process and of going through the process and really reaching out to the neighbors. And so, I'll put all of that on the record. Again, just to address a couple of the points from Mr. Winker, this is not spot zoning. I'll put in the case law that establishes what spot zoning is. This is not. That was also addressed by the City Attorney's Office during the Planning and Zoning Appeals Board when it was raised at that time. And as the director stated and as the analysis from staff establishes, there is substantial competent evidence to establish the change of zoning and the future land use change from T3-L to T3-O. Chair King: Thank you. Mr. Avino: And with that, I will rest. Chair King: Thank you. Madam City Attorney -- Mr. City Attorney, would you please read the titles for 4 and 5 into the record so we can vote on them? City of Miami Page 89 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 John Greco (Chief Deputy City Attorney): Yes, Madam Chair. PZ.4. The Ordinance was read by title into the public record by the Chief Deputy City Attorney. Mr. Greco: PZ5. The Ordinance was read by title into the public record by the Chief Deputy City Attorney. Chair King: Do I --? Commissioner Diaz de la Portilla: I'll move it. Chair King: Second? Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PZ.5 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: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Intervenor Status was granted by unanimous consent to Alvin Smith pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.5. Note for the Record: For minutes referencing Item Number PZ.5, please see Item Number PZ.4 and "Public Comments for all Item(s)." City of Miami Page 90 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.6 ORDINANCE First Reading 13729 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" AND "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 14 NORTHWEST 75TH STREET, 7409 NORTHWEST MIAMI COURT, 7450 NORTH MIAMI AVENUE, AND 7401 NORTHWEST MIAMI COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number PZ.6, please see Item Number PZ.4. Commissioner Diaz de la Portilla: Do I have a motion for PZ 4 through 9? Todd B. Hannon (City Clerk): Chair. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) with -- hold on. Commissioner Covo: What? Commissioner Diaz de la Portilla: PZ 4 and 5, someone has intervenor status or is requesting intervenor status so they can't be part of the block vote. So, there's a mo - - so, why are you putting 4 through 9? So, that -- there's a motion for 6, 7, 8, and 9. Do I have a motion for PZ.6, 7, 8 and 9? Commissioner Reyes: (INAUDIBLE). Commissioner Diaz de la Portilla: So moved by Commissioner Reyes, seconded by Commissioner Covo. All those in favor, say "aye." Mr. Hannon: And Chair, my apologies. We just need to read the titles into the record. City of Miami Page 91 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Diaz de la Portilla: Let's read the titles. Madam City Attorney, let's read the titles into the record. Victoria Mendez (City Attorney): Yes, and 8 and 9, we were supposed to say something also. Lakisha Hull (Director, Planning): So, for clarification, we're just going to go with what was requested by the applicant, sir? Commissioner Diaz de la Portilla: Correct, what was requested by the applicant and not -- Ms. Hull: Thank you. Commissioner Diaz de la Portilla: -- recommended by Planning, okay? Ms. Hull: Perfect, thank you, sir. Commissioner Diaz de la Portilla: Let's read it. Ms. Mendez: PZ.6. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.7. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: On the title, it says as amended twice, so this item will be as amended so that we can remove that as amended twice. PZ.8. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.9. The Ordinance was read by title into the public record by the City Attorney. Commissioner Diaz de la Portilla: All right, so PZ.6, 7, as amended twice, 8 and 9 was also amended, I believe. Is that correct? Ms. Mendez: No, just PZ.7. Commissioner Diaz de la Portilla: 7 as amended twice, so we move PZ.6, 7, 8, 9 as amendments. They've been read into the record. All those in favor, say "aye." The Commission (Collectively): Aye. Commissioner Diaz de la Portilla: It passes. Mr. Hannon: And then, Chair, I'm sorry, just for the record, it's only PZ.7 that's being amended. Commissioner Diaz de la Portilla: PZ.7, as amended twice, correct. That's the only one. I pass the gavel back to our real chairwoman here. Chair King: So, we just passed 6 and 7? City of Miami Page 92 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Diaz de la Portilla: 8 and 9. Chair King: 8 and 9. Commissioner Diaz de la Portilla: Yes, ma'am. Chair King: 6, 7, 8, and 9? Commissioner Diaz de la Portilla: We're in 4 and 5. PZ.4 and PZ. 5. Chair King: That -- can we do the Little Bahamas ones and take that out of the way? Commissioner Covo: We did those already. Chair King: Oh, you did -- Commissioner Diaz de la Portilla: We did them already. Chair King: -- the already? Commissioner Diaz de la Portilla: Yeah, yeah. Commissioner Covo: Yeah. Commissioner Diaz de la Portilla: It passed. Chair King: Oh, so the only thing left is 4 and 5? Commissioner Diaz de la Portilla: Yes, ma'am. Commissioner Covo: I think so, yeah. Commissioner Diaz de la Portilla: And the future legislation, whatever you want to do with that. Chair King: Oh, we don 't have -- we just have -- Commissioner Diaz de la Portilla: Yeah. Chair King: It is just announced. Commissioner Diaz de la Portilla: Yeah. City of Miami Page 93 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.7 ORDINANCE First Reading 13730 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING CODE OF Planning THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE — RESTRICTED AND "D1" WORK PLACE DISTRICT ZONE TO "T6-8-O", URBAN CORE ZONE — OPEN OF THE PROPERTIES GENERALLY LOCATED AT 14 NORTHWEST 75TH STREET, 7409 NORTHWEST MIAMI COURT, 7450 NORTH MIAMI AVENUE, AND 7401 NORTHWEST MIAMI COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.7, please see Item Number PZ.4 and Item Number PZ.6. City of Miami Page 94 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.8 ORDINANCE First Reading 13731 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 131 NORTHWEST 75TH STREET, 134 NORTHWEST 76TH STREET, 120 NORTHWEST 76TH STREET, 139 NORTHWEST 75TH STREET, 7521 NORTHWEST 1ST COURT, 7531 NORTHWEST 1ST COURT, 115 NORTHWEST 75TH STREET, 7510 NORTHWEST 1ST AVENUE, AND 7522 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.8, please see Item Number PZ.4 and Item Number PZ. 6. City of Miami Page 95 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.9 ORDINANCE First Reading 13732 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 "T5-R," URBAN CENTER ZONE — RESTRICTED TO "T6-8-O," URBAN CORE ZONE — OPEN, OF THE PROPERTY GENERALLY LOCATED AT 131 NORTHWEST 75TH STREET, 134 NORTHWEST 76TH STREET, 120 NORTHWEST 76TH STREET, 139 NORTHWEST 75TH STREET, 7521 NORTHWEST 1ST COURT, 7531 NORTHWEST 1ST COURT, 115 NORTHWEST 75TH STREET, 7510 NORTHWEST 1ST AVENUE, AND 7522 NORTHWEST 1ST AVENUE , 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: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.9, please see Item Number PZ.4 and Item Number PZ. 6. City of Miami Page 96 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.10 ORDINANCE First Reading 13541 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 ARTICLE 1, SECTION 1.1 TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES"; SECTION 1.2 TITLED "DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES"; TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS," TO ALLOW AND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Sabina Covo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo NAYS: Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number PZ.10, please see "Order of the Day." Arthur Noriega (City Manager): What our Planning Director was referencing -- Commissioner Covo: Exactly, because we did vote on the shoreline already. Mr. Noriega: What the Planning Director's referencing that is on PZ.8 and 9, Planning made a recommendation. The developer has their request for the zoning designation and so she just wants clarity that whatever is approved, whether it falls in line with what was recommended by Planning -- Commissioner Diaz de la Portilla: I understand. Mr. Noriega: -- or what the developer or the landowner requested specifically. That's -- we just want to make sure it's clear and on the record. That's all. Chair King: Okay. So, I would just like to take up -- I'm asking for a motion for PZ.4, 5, 6, 7, 8, 9, and 10. Do I have a motion? Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: Second. Mr. Noriega: Could I --? City of Miami Page 97 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Reyes: Hold on a second. I am not voting for the 10. You know, I -- Chair King: Yeah, I understand you're a no vote for 10. Commissioner Reyes: That's right. Chair King: So -- but -- Commissioner Reyes: No, no, no, I'm not voting in favor. I'm voting against. Chair King: I said I understand you're a no vote. Commissioner Reyes: Okay, I'm a no vote, and I have my reasons, because what you're doing -- what we 're doing, we're getting six people per apartment. If you have -- really the density there is going to be tremendous. And also -- and there is a substantial reduction in parking, which I think it is detrimental to the neighborhood that surrounds that development. Six -- what we have here is a rooming house. I mean, not a rooming house, it's a dorm. Chair King: It 's not a rooming house. Commissioner Reyes: It is a dorm. It is the same concept of a dorm. There are six persons to an apartment, and those persons, they share the same common area. And they -- I mean, they -- there is -- let's say that there is only 50 percent of parking, and we are assuming and hoping that they're going to use Metromover. But to do that, you have to be next to Metromover, and they all work at the same place, a place that it could be. You could drive -- I mean, you could go to it. So, I personally, I think that it is detrimental to the neighborhoods that surround it, and I don't want that concept to spill over to other areas and other neighborhoods. I will agree with it if it's only next to Jackson Memorial Hospital, the University, I mean the college, because that's what basically what it is. It's a dorm. It's a dorm. But when you spread them out through the city, you are placing a burden in all the neighborhoods that surround it. And I will not agree with it. Chair King: Okay. Commissioner Reyes: I am going to vote against it. Chair King: Okay, let's take -- let's take PZ.10. Victoria, you have to read that into - - the title into the record. Victoria Mendez (City Attorney): Right. So, I'm sorry, Madam Chair. I need a little bit of clarity. First of all, are you taking like all the items together? Chair King: No, no. Commissioner Diaz de la Portilla: No. Chair King: No, I 'm not -- Commissioner Diaz de la Portilla: No. Chair King: -- because I see Attorney Whitaker here, and I know he's going to do something, so can you just read PZ.10 into the record? Ms. Mendez: Okay, so just PZ.10 right now. City of Miami Page 98 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Chair King: Yes. The Ordinance was read by title into the public record by the City Attorney. Chair King: Do I have a motion? Commissioner Covo: I move it. Chair King: Second? Commissioner Diaz de la Portilla: I will second. Chair King: All in favor? Commissioner Diaz de la Portilla: Aye. Commissioner Covo: Aye. Chair King: Aye. Commissioner Reyes: No. Chair King: Motion carries. Commissioner Reyes: Don 't look at me with that mean face. I'm not afraid of you. Chair King: I'm not look -- Commissioner Reyes: You're just going to scare me. Commissioner Diaz de la Portilla: She always has that mean face. Commissioner Reyes: I'm too old to be scared by anybody, you see. Chair King: I am not looking -- I'm not giving -- Commissioner Reyes: You won. Fantastic. Congratulations. Chair King: I'm not -- Commissioner Reyes: I hope it doesn 't -- I hope that later on you cannot -- you don 't regret it, you know -- Chair King: I don 't -- I -- Commissioner Reyes: -- years from now. Chair King: -- I don 't think I will. Commissioner Reyes: I mean, that is -- that is -- Chair King: Commissioner Reyes, I don't think I will. The reality of -- Commissioner Reyes: That's right. City of Miami Page 99 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Chair King: -- our housing crisis now is that there are some families that cannot afford to live in the City ofMiami, and they're going to have to share. Commissioner Reyes: But you see, we are not -- because we need housing and because we need development, we cannot do it by destroying the existing neighborhoods. We have to protect the neighborhoods. And that is my commitment, and I'll be -- will do -- that have been my philosophy since day one here, six years ago, and it's going to be my philosophy until -- when -- if I'm voted out now that I have an election, or when my time is due. And I think -- Chair King: Okay. Commissioner Reyes: -- that this is an idea that we are -- we are importing from someplace else, because that is -- that's what happened in -- I have noticed from the time that I've been here, anybody comes here with the idea that something that worked in Chicago or worked in New York, they want to implement it in Miami when the conditions are totally different. Totally different. And if we had a decent, not only because we have a non-existent mass transit system. If we had a decent mass transit system, I would have reconsider it. But we have a non-existent transit system, and this is going to create problems in the adjacent neighborhoods. And that is my point, and I vote with my conscience all the time. Chair King: You certainly do. Commissioner Reyes: Okay. City of Miami Page 100 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.11 12609 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-039 REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3160 NORTH MIAMI AVENUE, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A MEDICAL MARIJUANA DISPENSING FACILITY FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.11 was deferred to the May 25, 2023, City Commission Meeting. Note for the Record: Item PZ.11 was deferred to the May 25, 2023, City Commission Meeting. Chair King: Now, I'd like to defer PZ. 11 and 12. Commissioner Diaz de la Portilla: I will second that. Chair King: I'm doing it as a courtesy. I was asked by my colleague who cannot be here today, so I'm going to defer. Commissioner Diaz de la Portilla: I figured. Chair King: Yes. Commissioner Diaz de la Portilla: I'll second it for that reason too. Professional courtesy to Commissioner -- Chair King: It's a professional courtesy. Commissioner Diaz de la Portilla: Yes, ma'am. Todd B. Hannon (City Clerk): I'm sorry, who's the mover? Commissioner Diaz de la Portilla: Commissioner King. City of Miami Page 101 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.12 12835 Office of Zoning Chair King: Commissioner DL -- Commissioner Diaz de la Portilla: I'll move it. She can 't move it. She 's the chairwoman. Chair King: Right, and I second it. Commissioner Diaz de la Portilla: So, it '11 be moved by me and as a professional courtesy to the Commissioner from the third district who's not here, and it's an issue that impacts our entire city. So, we '11 take it up when he 's here next Commission meeting. Chair King: I have a motion. I did the second. All in favor? The Commission (Collectively): Aye. Mr. Hannon: Next meeting. Commissioner Covo: Madam Chair, when you get to PZ.16 -- I mean, if we're going to batch them all together, I have a comment. Chair King: Okay. Commissioner Covo: You let me know when, please. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF DFMMJ INVESTMENTS, LLC, REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-047 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2155 SOUTHWEST 22 STREET, MIAMI, FLORIDA, ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.12 was deferred to the May 25, 2023, City Commission Meeting. City of Miami Page 102 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.13 13764 Office of Zoning Note for the Record: For minutes referencing Item Number PZ.12, please see Item Number PZ.11. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING / DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-23-029 REVERSING THE ZONING ADMINISTRATOR'S REVOCATION OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") FOR THE PROPERTY LOCATED AT APPROXIMATELY 2500 NORTHWEST 20 STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S REVOCATION OF THE CERTIFICATE OF USE NO. 051780 FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.13 was deferred to the May 25, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.13, please see "Public Comments for all Item(s)." Chair King: Do we want to --? Victoria, can you read into the record PZ.13? Commissioner Diaz de la Portilla: I want to defer. It's in my district, if you don't mind. Chair King: Okay. Commissioner Diaz de la Portilla: PZ.13. Chair King: PZ.13 will be deferred. Commissioner Diaz de la Portilla: To the next Commission meeting Chair King: I second. All in favor? The Commission (Collectively): Aye. City of Miami Page 103 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.14 13249 Department of Building PZ.15 13534 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY PENNY TANNENBAUM OF INTENDED DECISION PW022-247 ISSUED ON NOVEMBER 29, 2022, FOR THE MEDIAN LOCATED ACROSS FROM 1750 SOUTH BAYSHORE LANE, MIAMI, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item PZ.14 was deferred to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.14, please see "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING WITH CONDITIONS MODIFICATION OF THE WATERFRONT SETBACK REQUIREMENTS PURSUANT TO SECTION 3(MM)(III) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR A PROJECT GENERALLY LOCATED AT 400 SOUTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0233 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Victoria Mendez (City Attorney): Commissioner Covo ii'ants to say -- before we start going really fast again, PZ.15, I believe she has a Jennings disclosure. Chair King: Okay. Commissioner Covo: I do. Ms. Mendez: That she spoke to the applicants. City of Miami Page 104 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Covo: I spoke to the applicants. Chair King: Do we want to --? Commissioner Covo: And I spoke to the union of employees as well. Chair King: Do we want to take --? Commissioner Diaz de la Portilla: I want to move PZ.15. Chair King: Second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): Chair, Chair, PZ (Planning and Zoning) -- oh, it's a resolution. My apologies. Chair King: Right. Commissioner Diaz de la Portilla: Read it into the record. Chair King: It doesn 't have to be read into the record. Mr. Hannon: No, no, no, it's just a resolution. My mistake. Commissioner Diaz de la Portilla: Yeah, it's your boo-boo. Chair King: So, we have a motion and a second. All in favor? The Commission (Collectively): Aye. Commissioner Reyes: We're voting to deny it, right? Ms. Mendez: This is the Hyatt item. Commissioner Reyes: Oh, okay. Ms. Mendez: The Hyatt -- and you also gave a Jennings disclosure at the beginning. Chair King: Right. Ms. Mendez: Right. Chair King: Okay. Ms. Mendez: So, this is for the waterfront setbacks. Ms. Escarra is representing the applicant. Chair King: It passed unanimously. Commissioner Reyes: It is 15, right? Commissioner Diaz de la Portilla: It's done. Chair King: Yes, PZ.15. City of Miami Page 105 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Reyes: I (INAUDIBLE). I understood 13. Chair King: No, 15. Commissioner Diaz de la Portilla: No, 15. Chair King: Okay. 15 was --13 was deferred. Commissioner Reyes: Deferred, okay. PZ.16 ORDINANCE Second Reading 13523 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3121, 3147, 3135, 3145, 3153, 3163, AND 3173 MUNDY STREET AND 3645 AND 3633 DAY AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14168 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: Diaz de la Portilla, Covo, Reyes ABSENT: King, Carollo Chair King: So, can you -- Madam City Attorney, can you read the titles for PZ.16, 17, 18, and 19 into the record? After she reads it -- Commissioner Diaz de la Portilla: You have to announce that -- Chair King: -- then she -- Commissioner Diaz de la Portilla: -- PZ.15 was passed. Chair King: Yes, I did. PZ.15 passed unanimously. Commissioner Diaz de la Portilla: Okay. Arthur Noriega (City Manager): Can I just get -- for a point of clarification, 13's being deferred to what date? Commissioner Diaz de la Portilla: The next meeting. City of Miami Page 106 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Chair King: Next Commission meeting. Mr. Noriega: The next meeting. Commissioner Diaz de la Portilla: May 25th, yeah. Mr. Noriega: Okay, thank you. Chair King: Madam City Attorney. Ms. Mendez: PZ. 16, 17, 18, and 19. That's what I'm reading, Madam Chair? Chair King: Yeah, 16, 17, 18, and 19. Ms. Mendez: Okay, and we don't have to say anything or change anything on this? Okay. Commissioner Diaz de la Portilla: No. Ms. Mendez: An ordinance of the Miami -- PZ.16. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.17. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.18. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.19. The Ordinance was read by title into the public record by the City Attorney. Commissioner Diaz de la Portilla: Thank you, Madam Attorney. Is there a motion for PZ.16 through 19? Commissioner Covo: So -- Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: It's moved -- Commissioner Covo: -- for PZ.16, I have a comment. Commissioner Diaz de la Portilla: Moved by Commissioner Reyes. Is there a second? Commissioner Covo: But I need to -- Commissioner Diaz de la Portilla: You can second it. Commissioner Covo: -- include something in PZ.16. City of Miami Page 107 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Diaz de la Portilla: I'm sorry. PZ.6 -- you're recognized, Commissioner Covo. Commissioner Covo: Can we include the lot on 3125 Mundy Street? Because it's not in the assemblage. Lakisha Hull (Director, Planning): So, are you saying that you want to update PZ.16? Is that what I'm --? Commissioner Covo: To include it? Ms. Hull: No, because we have to be able to notice and go through the regulatory review process -- Commissioner Covo: Okay. Ms. Hull: -- for that item. Commissioner Covo: Okay. Ms. Hull: But we can -- Commissioner Covo: But we have to do it in the future because it's the lot that is going to be in the middle. Ms. Hull: Understood. Administration can work with you on that. Commissioner Diaz de la Portilla: It'll be a process. It has to go -- be noticed. It can't be today, but we can do it down the line. Commissioner Covo: So, we'll do it -- Ms. Hull: We can do that separately -- Commissioner Diaz de la Portilla: We can do it down the line. Ms. Hull: -- because there's a couple other -- yes, ma'am. Commissioner Covo: Okay. That's important. Okay, then I second. Commissioner Diaz de la Portilla: So, we have a second by Commissioner Covo. All those in favor, say "aye." The Commission (Collectively): Aye. Commissioner Diaz de la Portilla: Item 16, 17, 18, and 19 passed. Commissioner Reyes: Yes, that's it. City of Miami Page 108 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.17 ORDINANCE Second Reading 13524 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT ZONE — OPEN, TO "T4-L," GENERAL URBAN TRANSECT ZONE - LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 3121, 3147, 3135, 3145, 3153, 3163, AND 3173 MUNDY STREET AND 3645 AND 3633 DAY AVENUE WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, MIAMI, FLORIDA, (COLLECTIVELY "THE PROPERTY") AS MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14169 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: Diaz de la Portilla, Covo, Reyes ABSENT: King, Carollo Note for the Record: For minutes referencing Item Number PZ.17, please see Item Number PZ.16. City of Miami Page 109 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.18 ORDINANCE Second Reading 13525 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3475, 3479 AND 3481 HIBISCUS STREET, 3475, 3447, 3435 AND 3401 WILLIAM AVENUE AND FROM "SINGLE FAMILY RESIDENTIAL/ MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3452, 3440, 3430 AND 3460 THOMAS AVENUE AND 3456 ELIZABETH STREET, MIAMI, FLORIDA, (COLLECTIVELY, "PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14170 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: Diaz de la Portilla, Covo, Reyes ABSENT: King, Carollo Note for the Record: For minutes referencing Item Number PZ.18, please see Item Number PZ.16 and "Public Comments for all Item(s)." City of Miami Page 110 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 PZ.19 ORDINANCE Second Reading 13526 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R," SUB -URBAN TRANSECT ZONE - RESTRICTED, TO "T4-O," GENERAL URBAN TRANSECT ZONE - OPEN, WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTIES GENERALLY LOCATED AT 3475, 3479, AND 3481 HIBISCUS STREET, 3475, 3447, 3435 AND 3401 WILLIAM AVENUE, 3452, 3440, 3430, AND 3460 THOMAS AVENUE, AND 3454 AND 3456 ELIZABETH STREET AND A CHANGE IN THE ZONING CLASSIFICATION FROM "T3-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, AND "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE - OPEN, WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3449 HIBISCUS STREET, MIAMI, FLORIDA, (COLLECTIVELY "THE PROPERTY") AS MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14171 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: Diaz de la Portilla, Covo, Reyes ABSENT: King, Carollo Note for the Record: For minutes referencing Item Number PZ.19, please see Item Number PZ.16 and "Public Comments for all Item(s)." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 111 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 FL.1 13919 Department of Planning FL - FUTURE LEGISLATION ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING," MORE PARTICULARLY BY AMENDING ARTICLE II TITLED "COMPREHENSIVE PLANNING" AND CREATING ARTICLE XIX TITLED "PROCEDURES FOR NO NET LOSS POLICY FOR PARK LAND" TO ESTABLISH LAND DEVELOPMENT REGULATIONS THAT IMPLEMENT POLICY PR-2.1.1 OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; CREATING STANDARDS FOR THE REPLACEMENT AND CONVERSION OF PARK LAND TO OTHER USES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 112 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 NA.1 13995 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY OPPOSING ANY REFORMS TO BAIL AND BOND SCHEDULES OR PRETRIAL RELEASE PROGRAMS IN THE ELEVENTH JUDICIAL CIRCUIT THAT WOULD AUTOMATICALLY GRANT ARRESTED PERSONS PRETRIAL RELEASE ON NONMONETARY CONDITIONS, OR ON THEIR OWN RECOGNIZANCE, WITHOUT FIRST APPEARING BEFORE A JUDGE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0230 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number NA.1, please see "Order of the Day." Chair King: I'd like to take up the pocket items now. Have you resolved the issue that you had with the Little Haiti Revitalization Trust? Victoria Mendez (City Attorney): Yes. Chair King: Okay. Do I have a motion for the pocket items? Commissioner Reyes: Move it. Chair King: Second. Commissioner Covo: Second. Commissioner Diaz de la Portilla: Well, we have an additional pocket item, I believe, Madam Attorney, that last minute that 1 introduced. Ms. Mendez: Yes. Commissioner Diaz de la Portilla: So, we can move all of them except that one, you want? And maybe we have that conversation right after. Ms. Mendez: Right. Commissioner Diaz de la Portilla: Or you want to read it into the record and do public comment and then -- Ms. Mendez: Correct. City of Miami Page 113 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 NA.2 13996 City Commission Chair King: Okay, so for Pocket Item 1, 2, and 3, all in favor? The Commission (Collectively): Aye. Chair King: The motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE LITTLE HAITI REVITALIZATION TRUST ("TRUST") BOARD APPOINTMENT OF JOANN MILORD, AS THE TRUST PRESIDENT/CHIEF EXECUTIVE OFFICER ("PRESIDENT"), PURSUANT TO SECTION 12.5-45 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH A SALARY IN THE APPROXIMATE TOTAL AMOUNT OF ONE HUNDRED FIFTY FIVE THOUSAND DOLLARS ($155,000.00) PER YEAR AND BUDGET APPROVED BENEFITS, TO BE PAID IN ACCORDANCE WITH THE CITY'S PAYROLL DISBURSEMENT SCHEDULE, COMMENCING ON MAY 29, 2023, SUBJECT TO PRIOR BUDGETARY APPROVAL; AUTHORIZING THE NEGOTIATION AND EXECUTION OF ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS 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-23-0231 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number NA.2, please see Item Number NA.1 and "Order of the Day." City of Miami Page 114 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 NA.3 13997 City Commission NA.4 14004 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING GRANT FUNDS FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S ("CITY") MIAMI FOR EVERYONE PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) TO THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST ("TRUST") FOR THE TRUST'S 2023 SUMMER YOUTH EMPLOYMENT PROGRAM ("PROGRAM"); FURTHER ALLOCATING GRANT FUNDS FROM THE MAYOR'S DISCRETIONARY ACCOUNT IN A TOTAL AMOUNT NOT TO EXCEED FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00) TO THE TRUST FOR THE PROGRAM; FURTHER ALLOCATING GRANT FUNDS FROM THE VENTURE MIAMI ACCOUNT, ACCOUNT NO. 00001.150009.882000.0000.00000 IN A TOTAL AMOUNT NOT TO EXCEED FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00) TO THE TRUST FOR THE PROGRAM; FURTHER AUTHORIZING GRANT FUNDS FROM NON DEPARTMENTAL ACCOUNT, ACCOUNT NO. 00001.980000.882000.0000.00000 IN A TOTAL AMOUNT NOT TO EXCEED FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00) TO THE TRUST FOR THE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE, AND LOCAL LAWS, INCLUDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0232 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number NA.3, please see Item Number NA.1, "Order of the Day," and "Public Comments for all Item(s)." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ALL EFFORTS FOR THE CITY COMMISSON TO GO BACK TO AT LARGE DISTRICTS. ENACTMENT NUMBER: R-23-0234 City of Miami Page 115 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: Would you like to read Pocket Item 4 for the record, and I'll open up for public comment. Victoria Mendez (City Attorney): A resolution of the Miami City Commission directing the City Manager to take all efforts to -- for the City Commission to go back to at -large districts. Commissioner Reyes: The what? Commissioner Diaz de la Portilla: At -large districts in the City of Miami. So, this is a conversation about, obviously, the lawsuit, and I want our city attorney to brief us what's happening with that. But one of the things that I thought would make a great solution and provide us an answer to the -- any issue that we have pending is to just go back to at -large districts in the City of Miami, five commission districts elected citywide, and then we eliminate all -- Commissioner Reyes: As it used -- it used -- as it used to be before? Commissioner Diaz de la Portilla: As it used to be before. Commissioner Reyes: Yes, but the -- Chair King: That's your pocket item? Commissioner Diaz de la Portilla: Well, but I sort of want to get an idea -- Commissioner Reyes: No, no, I agree that you will throw that idea up in the air, you know, I mean, and talk about -- Commissioner Diaz de la Portilla: No, but I have to finish it. I haven 't -- I only threw it up. I haven 't finished the pass yet, so let me finish the drive. Commissioner Reyes: Oh, okay. Commissioner Diaz de la Portilla: So, it's very brief. The idea is to begin the conversation because of the lawsuit and what the magistrate is recommending. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: And Madam Attorney, if you'll pay attention to this. It 's important, I think, for the future -- (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Okay. All right. Whenever you guys are finished, let me know and I can continue. Unidentified Speaker: All right, ready. City of Miami Page 116 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Diaz de la Portilla: You're ready? Okay. So, the idea would be if the magistrate recommends that we -- that what we 've done is incorrect, this Commission -- I know Commissioner Covo was not here when the map was drawn and we had the back and forth. Perhaps the solution may be -- I'm not saying it is; I'm saying it may be -- that we go back to at -large districts throughout the city. And that way no one can -- because we're not changing the City boundaries, right? No one can argue with us that, "Hey, you're gerrymandering this or you're, you know, favoring this particular group or that particular group." We eliminate that argument altogether and we take it back to where it was. If I remember correctly, and of course, there won't be a vote on this today. It'll be a con -- maybe the beginning of a conversation because it's a serious issue, but it needs to be addressed in a quick fashion because we have elections coming up in November. You have an election, I have an election, you have an election. So, in essence -- and you were elected under a map that's now being questioned as a map that has -- may have some problems with it, right, by a magistrate. Commissioner Covo: I totally agree, and it has become an issue already of questioning from the community. But one of the things that I do need to tell you, Commissioner, is that, for example, the area of Coconut Grove, which is one of the areas of my district that has expressed more of a concern, even though I did -- my district was impacted as well in downtown and a part of Brickell, is to keep the growth united. So, I just wanted to put that into -- into the record. Commissioner Diaz de la Portilla: Of course, but the idea would then -- would be to keep Miami united. So, once we eliminate single -member districts, then all Miami is Miami, it's a city. And everybody can vote and pick their commissioner, group one, two, three, four, and five, and then there's no debate about where the lines are drawn, whether it's US -I, or whether it's Mary Avenue, or whether it's 37th Avenue, or if Flagami's cut in half or Allapattah's cut in half. All those debates will go away, right? Because in essence, it's a city, and I think our city's boundaries are protected, right? They're -- we're in pretty good shape with those, right? Right? Okay. Commissioner Covo: Hopefully. Commissioner Diaz de la Portilla: You think so? Commissioner Covo: Hopefully. Commissioner Diaz de la Portilla: Yeah. So, in essence, to avoid all that debate and who 's going to do the maps, is the court going to draw the map -- but what I want, the idea that I wanted to bring out and maybe talk about it a little bit, is for our city attorney to tell us where we're at right now, what she recommends or she thinks legally what we're positioned to do, and then this commission as a body has a right to, down the line, perhaps even the next Commission meeting when we have a full commission, decide that maybe it's better to go back to where it was because what happened -- the reason why single -member districts were created back then was to make sure the diversity that Miami has, as we said -- it's already on the record, so it doesn 't matter if I say it again, right? Well, is it okay? Good. That the reason it was created was to keep harmony in our city because we have a very diverse community, a very diverse city. So, we want an African American representation. We want a non - Hispanic white representation. We want that. I think it adds to the fiber of our city and adds to the representation that we provide up here. But if that's being questioned by organizations that back then were fighting for that recognition and for that representation -- City of Miami Page 117 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Reyes: Oh, yeah. Commissioner Diaz de la Portilla: -- are now saying, hey, no, no, no, they were doing it for this reason or that reason, like the NAACP (National Association for the Advancement of Colored People) and others, well, let's do citywide, and let's see what the results are. And then can they argue against that? What will be the results ifwe do a citywide election? Commissioner Reyes: I do understand, sir. Commissioner Diaz de la Portilla: But let me ask the City Attorney -- Commissioner Reyes: I don't understand where you're going. Commissioner Diaz de la Portilla: -- to give us her opinion. And then, you know -- and you're laughing and I'm laughing because -- Commissioner Reyes: You're just throwing the ball back to them. Commissioner Diaz de la Portilla: -- what we 've been frying to do -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- is to be fair and to provide representation for all communities -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- in our city. Now, all of a sudden, we have a magistrate who probably knows nothing about our city and its uniqueness coming back and saying, wait a minute, you know, they did it for this reason or they did it for that reason. We did it for many reasons that are probably much more complex than that magistrate understands. Very complex city, very complex history, a long history of race and ethnicity and migrations, immigrations. So, we have -- what we have up here, we have that diversity. Commissioner Reyes: Yes, we do. Commissioner Diaz de la Portilla: And we have very, very different generational and ethnic and racial opinions that come into play, and I think we've done a pretty good job, and others before us have done a pretty good job representing the community in a fair way. Commissioner Reyes: Madam Chair, I -- can I --? I do understand what you're saying. And I agree that the idea must be floated so these people that they're asking - - they're asking -- I mean, that they are -- the argument that they have, the -- I'm going to say it, the ACLU, they are claiming that it was not fair, you see, you be careful what you wish for because the way that we have been doing for a long time, for every time that there have been since day one when the boundaries were drawn, it was to assure diversity in the City of Miami. And the only way that we can assure diversity of the City of Miami is by -- I'm going to call a spade a spade -- but gerrymandering. We have to bunch together ethnic borders in order to be able to have an Afro-American make sure that they are represented and a non -Hispanic white in the -- in representing the City of Miami. So, if they are -- now they are accusing us of gerrymandering, ifwe go now on -- and instead of having districts, and we don't draw the districts to assure ourselves that we have that representation, you have a City of Miami Page 118 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 point there and see what do they think because they are going to be the culprit of eliminating diversity in the City of Miami government. Commissioner Diaz de la Portilla: And at the end of the day, it's on them, right? Commissioner Reyes: That's on them. Commissioner Diaz de la Portilla: It's on them, not on us. And I know you -- I know you're in a hurry, but I think it's important. If you give me -- Chair King: No, I'm not. No -- Commissioner Diaz de la Portilla: Well, you are, because you have a federal trial, I know, I know. Chair King: What I'd like to say is that I believe our City Attorney and our outside council have a path forward. This discussion is premature. Commissioner Reyes: Okay. Chair King: There are things that are happening in the court. Commissioner Diaz de la Portilla: I don't believe that. Chair King: Okay. Commissioner Diaz de la Portilla: I have to dis -- well, I'm sorry. I have to disagree with you. Our City Attorney is not a policymaker, neither is our City Manager. We 're the ones that are elected. We have a responsibility to make decisions. So, they may have a path forward, but I think the public -- we can have private conversations, which we will, but the public has a right to know what we're thinking and where we 're going because they're the ones that elect us and we speak for them. So, it's not a question of whether the attorney has a plan for a lawsuit or an appeal. That's beautiful. I want to hear what your plan is so the public knows what that plan is, but I do want to have a conversation -- not today, it started today. Let's plant the seed today about the options that are out there because it's not a question of you having a path to continue to appeal a map, who's going to draw the map, the courts or this Commission. I will not relegate to a court that does not understand us or know us what our map should look like. We need to draw it. And if we're not going to draw it, then we do the whole city. Commissioner Covo: Madam Chair. Commissioner Diaz de la Portilla: But not go through the process -- and by the way, we happen to elect a Hispanic American to District 2, right? Which means that either Miami is maturing really fast, which is good. It's a good thing. Or we let all of Miami decide, which are probably, I think, let's be honest here, we 'll probably elect -- Commissioner Reyes: Five. Commissioner Diaz de la Portilla: -- five Hispanic commissioners. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And if people think that that's good for the City of Miami, so be it. Who's going to argue that? City of Miami Page 119 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Chair King: Well, let us --- Commissioner Diaz de la Portilla: Because the people decided. Wait a minute. I'm not done. Chair King: But we got to open it up for public comment. We're doing all of this comment. Let's open it up for -- Commissioner Diaz de la Portilla: I understand, but it's my pocket item. Chair King: I understand. Commissioner Diaz de la Portilla: So, I think it's important that I espouse what I think, where we need to go, so the City Commissioner and our City Manager, wherever he is, understands that we 're not going to simply wait and wait for the City Attorney to appeal and go back and forth and let a court a month from now -- because he has an election, this commissioner over here, she has an election, and I have an election, and we want to know where we stand. It's not a question of let the courts decide on their time frame, whenever they have time, whenever -- how they want to decide it, and not let outside groups that are not elected dictate and set the narrative and say what the fruth is when that's not the fruth. What we did was the right thing to do. What we did was to protect Miami's diversity and representation of all groups in our city. And for people to say that we haven't done that and we did something wrong, they don't want to clarify it. And I don't want it to be hidden in the courts and with appeals and the back and forth, the legalities and legalese and all that. I want people to know what we're doing, and we take it from there. So, if I hear from my City Attorney and my City Manager -- there he is -- and my City Manager, our City Manager, on what the path forward is in your vision, from your perspective. Chair King: Okay. Let's open it up for public comment now. Commissioner Diaz de la Portilla: Of course. Chair King: Is there anyone that would like to speak on Pocket Item 4? Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6 Street. The idea of going back to the old ways, I don't know if that's something that the public will take so lightly. It's true, Commissioner, we as the voters elect all of you, but I think it would be fair for all of you to actually ask the voters if you actually want that. And the reason for -- Commissioner Covo: That was actually what I was trying to say. Sorry, Madam Chair. Chair King: Just -- Commissioner Covo: I'm sorry. Chair King: We'll have our chance to speak again. I just wanted to open it up for public comment. Ms. Betancourt: And the reason for is, even though we elect every single one of you, doesn't mean that somebody from, I don't know, Morningside is going to decide something what happen in Little Havana where I live. I think that's not fair because every single community knows what happened in every single community. And City of Miami Page 120 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 unfortunately, the map is not right, and the reasons that they're stating maybe not be the ones that the map was done. And we all need to understand if I am part of a community and I live there and I pay for my taxes in that community, it's because that's where I'm going to live. And I want to have my own set of rules in my community where I live. I don't believe that Coconut Grove will dictate rules for Allapattah, Little Haiti, because it's not fair. Every single community have a different set of living. And that's the reason that the district exist. But I hope that you guys actually think about it, about the community, and not just about the interest to pay for things that you guys do according with the money that flows around the City of Miami. Thank you. Chair King: Good morning. Go ahead. Christi Tasker: So, when it comes to the redistricting, that is something that's very important for the community as a whole because I, too -- my name is Christi Tasker. I will also be in the same position that you guys are in, so that does need to be decided in terms of where the maps are clearly drawn. I agree with you, Mr. De La Porta [sic], that it's not clearly identified. And if people are complaining, I agree with Commissioner Covo, they are complaining regarding the districting. So, anything that you guys can do to recta those before elections and as soon as possible, I think that would be great. James Torres: Good morning again. James Torres, current candidate for District 2. I'll have to be very honest. In the campaign trail that Ms. Covo and I ran, a lot of people were very upset with the redistricting, number one, especially in the West Grove area. I heard that a lot. Also that came into fruition is before you start moving forward -- and I appreciate the fact that you want to start having early dialogue -- I think it's important that we bring this out to the community and see what they want because they're the ones that are representing all of us. Number one. Number two is other options may be viable, creating seven districts. That would be a viable solution, but you have to slice and dice the way the maps look today. But to go back into the stone age of making it a true city district or an open -- I don't think that's the right way, Commissioner Alex de Portilla. I think it's early. I think we should have that discussion because it's not fair to the constituents, especially in the West Grove or even up in Morningside. You know, I kind of have to agree with the young lady that was just speaking now. You know, how can someone dictate something or wanting something from Allapattah, Overtown, and so forth and onward. So, that's my two cents, but, you know, I think it's important that further dialogue is had with all due respect. Commissioner Diaz de la Portilla: So, in your reasoning -- with your reasoning, we should have probably 40 or 45 cities, right? Mr. Torres: What was that last now? Commissioner Diaz de la Portilla: We should have 40 or 45 cities or entities, right, because Morningside is different than Coconut Grove and Edgewater and your -- in Commissioner Covo's district alone, there's probably 12 different communities. Mr. Torres: What I'm saying here today, sir -- and I'm agreeing to disagree with you Commissioner Diaz de la Portilla: Okay. Mr. Torres: -- is what I'm saying is -- City of Miami Page 121 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Diaz de la Portilla: But give a reason. You said that every community Mr. Torres: -- diversity -- Commissioner Diaz de la Portilla: -- is different. Mr. Torres: -- diversity is key. Commissioner Diaz de la Portilla: Right. Mr. Torres: So, if we 're going to look at all these components in your early conversation -- Commissioner Diaz de la Portilla: But the logical -- Mr. Torres: -- we should start having them. Commissioner Diaz de la Portilla: -- but a logical end to your debate and to your -- end to your logic is that every community, every neighborhood -- that's why we have homeowner associations, right? -- everyone should have their own entity and their own government. How impractical is that? How impractical is that? Mr. Torres: I'm not saying that. Commissioner Diaz de la Portilla: Well -- Mr. Torres: What I'm clearly saying is that, as you started this conversation -- Commissioner Diaz de la Portilla: Of course. Mr. Torres: -- that you're saying we need diversity, number one. Commissioner Diaz de la Portilla: Absolutely. Mr. Torres: Number two, this should be had out to the public. This should be talked about with everybody, not just -- Commissioner Diaz de la Portilla: That's what we 're -- but is it -- but -- Mr. Torres: -- mandating here today. Commissioner Diaz de la Portilla: Right, isn't that what -- Chair King: Okay. Commissioner Diaz de la Portilla: -- we 're doing right now? Mr. Torres: You're setting -- Commissioner Diaz de la Portilla: Because we live in a representative democracy. Mr. Torres: Correct. Commissioner Diaz de la Portilla: So, what happens in representative democracies? The public elects representatives and they vote. The public doesn't get a vote on City of Miami Page 122 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 everything that we do, on every single issue, on every PZ (Planning and Zoning) item, on any RE (Resolution) item. It's a representative democracy. That's what we do, right? So, let's have a really representative democracy citywide and the people that are represented to speak for you and for everybody else here have that voice. If you're the one that does it and you get elected and people like you want you or Commissioner Covo, they pick. But why single out particular pockets and say this pocket should have this representation and that pocket should have that? Mr. Torres: Don't disagree with you -- Chair King: Thank you. Mr. Torres: -- on that. Chair King: Thank you, Mr. Torres. Mr. Torres: But -- Chair King: Thank you. Mr. Torres: -- if he 's addressing me -- Chair King: No, no, no. Mr. Torres: -- I think it's important to have that -- Chair King: No. Commissioner Diaz de la Portilla: No, that was a comment. That wasn't a question. Chair King: That's just a comment. Commissioner Diaz de la Portilla: So that's okay. Mr. Torres: Okay. Chair King: Thank you. Mr. Torres: Because I mean, I'm sure -- Chair King: Thank you. Mr. Torres: -- I can pull votes out of Allapattah and get elected if it's open to everybody. Chair King: Thank you. Commissioner Diaz de la Portilla: Well, good luck with that one. Chair King: Thank you. Do I have a motion for Pocket Item 4? Commissioner Diaz de la Portilla: No, there's no motion. There 's -- Chair King: It's dis -- Commissioner Diaz de la Portilla: -- I want -- my original request -- City of Miami Page 123 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Reyes: It's a directive. Commissioner Diaz de la Portilla: -- is -- Chair King: It's -- I see. Commissioner Diaz de la Portilla: -- was to hear quickly, very quickly, briefly from our City Attorney on what the path forward was so we can know and the public can know where we're going. I'd say just briefly -- Commissioner Reyes: It's a directive. Commissioner Diaz de la Portilla: -- to see what her thinking is, what's in her head, because I'll -- she'll tell me and she'll tell all of us, but I want them to know what you're thinking. Commissioner Reyes: Madam Chair, from what I understand this is a directive to analyze and let's see what the feasibility of this. And I believe that we should look into it, not that I am going to be in favor because I believe in diversity, but I want everybody to know what will be the consequences. And what are going to be the consequences if we go and we eliminate the districts? And what will be the consequences if it is not drawn properly? What are the consequences? We could eliminate diversity in the -- as Commissioner De La Portilla said, most probably if we eliminate the districts, we're going to have five Hispanics sitting here just because of the composition of the population. It is just that simple, you see. So, analyze it and come back to us. Commissioner Diaz de la Portilla: But at least give me -- so, again, the public knows what your thinking is -- do it in three minutes if you can. Ms. Mendez: Thank you. So, basically, we are in the middle of litigation, so normally we don't discuss these big points of litigation, but what is happening right now is that the status quo remains. The maps remain as is. The special magistrate issued a report and recommendation, and that is all it is, a report and recommendation. We, the City, have the opportunity by May 13 to file objections to that report and recommendation, and then the judge, the district -- the federal judge will decide whether he will agree with his special magistrate, or he will agree with the City. They also have -- the plaintiffs also have the right by May 19 to respond to our objections to that report and recommendation. Commissioner Diaz de la Portilla: And therein lies the problem. The City Attorney, on our behalf on the leaders of this community's behalf has until May 13th -- that's in three days -- to respond. And no one on this board and this Commission has not recommended to her what to respond and what we're thinking. That's the problem. So, the policy's being driven by the City Attorney's response that's due in three days without us having a conversation before the three days, and that's why it's a pocket item today because it makes no sense to have the conversation after she responds and then May 19th, the other side responds, then the ball is rolling and we haven't given an opinion. Chair King: If I may. Commissioner Diaz de la Portilla: So, if we have a directive to our City Attorney to meet with all of us before May 13th, before May 13th, and tell us what you're thinking, maybe we can do it individually. City of Miami Page 124 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Chair King: If I may. Commissioner Diaz de la Portilla: Okay. Chair King: I have directed the City Attorney and the Manager to brief each of the Commissioners, and I've already had my briefing on this. Commissioner Covo. Commissioner Covo: I was already briefed. Commissioner Diaz de la Portilla: Correct, but not to her response and what her angle is going to be in that response. So, what I want is -- Chair King: That was my briefing. Commissioner Diaz de la Portilla: That wasn 't mine. Mine is coming today. Chair King: I see. Commissioner Diaz de la Portilla: No, no, no. A briefing on the lawsuit is different than what the City of Miami Commission votes on. It's two different things. It's not her telling us what she's going to do in a courtroom in three days. It's us giving her our opinion, collectively as a body, of what we think should happen in this government. It's the other way around. You're putting the cart before the horse. Oh, we're going to do this. I'm going to brief everybody as to what my legal -- my response is going to be. That's the other way around, and that concerns me. As the policy makers, we're the policy makers here. And it doesn't matter what she's going to brief because she's going to brief me in a little while now, right after this meeting she's going to brief me. But that's her interpretation of where we should be going. The policy decision is that we stay with single member districts, or do we go to at - large districts again? That's a policy decision that only the five of us make. The City Manager doesn't make it. The City Attorney doesn't make it. She continues to fight how the maps are going to look, appeal, come back, recommend what we think. That's beautiful. That's all part of the legal process. I do not necessarily want to be subjected to that through the entire process. Chair King: (Comment made in Spanish not translated.) Commissioner Diaz de la Portilla: (Comment made in Spanish not translated.) Good. Chair King: (Comment made in Spanish not translated.) Commissioner Diaz de la Portilla: So, I direct her -- Commissioner Reyes: Can I include --? Chair King: But I think -- Commissioner Diaz de la Portilla: Good. Chair King: -- part of the process is to be briefed because we spoke about policy in my briefing and we talked about that. There are some -- Commissioner Diaz de la Portilla: Of course. City of Miami Page 125 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Chair King: But once you have your briefing, I understand your pocket item is a directive. I believe that's great, but once you have your briefing, it wasn 't just -- Commissioner Diaz de la Portilla: Madam Chair -- Chair King: -- legal -- Commissioner Diaz de la Portilla: -- with all due respect, I've been doing this 25 years. Chair King: (Comment made in Spanish not translated.) Commissioner Diaz de la Portilla: I've done three redistricts in my lifetime at the state level. I have a lot of experience in this world. I don 't need a 20-minute briefing to understand the issue, okay. Chair King: Mine was an hour and a half. Commissioner Diaz de la Portilla: Well, it could be three hours. I don 't need a three-hour briefing much less. I understand the issue. What I want to make public -- I want the public to know what we're doing, not what the legalities are, because I understand all the legalities. I went through two redistricting process in 2000, 2010, and I went through all that at the state level. It was very -- it was contested, but we 're not driving the debate, and that's the problem. The policymakers in Tallahassee drove the debate. We lost some, we won some. We're not just sitting down and getting a briefing on what's going to happen tomorrow, in two days. We have to have our input. That's why we're elected. They're not. And that's my only issue. That's why I brought it up, to make the point. And make it again. And I'll make it again. And I'll make it next Commission meeting, after they do the response, after the May 19th deadline passes, and after we get more and more newspaper articles come out on how unfair we were, and how we drew maps this way, because they don't care about newspaper articles, right, because they're not factual, they're not truthful. The fact of the matter is that we're trying to represent our city the right way with diversity and for others to claim to create a false narrative that we 're not is wrong. And it's important for the public to understand that and that's it. Very simple. Chair King: Got you. Commissioner Reyes: Madam Chair, ifI might make a suggestion here. From what I heard, what the -- all the news that we have is that the -- I mean, with all the decision that was made, and according to people that are experts, said that the judge goes 95 percent with the decision of the person. But what I wanted to do, and I think that I'm throwing this that we should consider, you see, we don't know how the judge is going to go. But in case, we should be prepared -- Commissioner Diaz de la Portilla: Of course. Commissioner Reyes: -- in this alternative that we have, including a new map. Commissioner Diaz de la Portilla: Of course. Commissioner Reyes: Drawn by us. Commissioner Diaz de la Portilla: Correct. City of Miami Page 126 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Reyes: And accepted by us. Therefore, I am suggesting that we ask our expert, Mr. DeGrandy, to redraw a map, and I mean, meet with us and start redrawing a map that will guarantee that 10 years from now, we 're going to have the diversity in the city government, and we are going to elect an Afro-American to a seat and they're going to be properly represented as well as other groups. And it is not binding, the maps, it's not binding, but I think that we should be prepared. Be prepared because I don 't want a judge to draw the map. We -- I agree with you. We - - if we are going to draw a map, we draw the map. And that is my suggestion. I don't know ifyou guys agree with it or not. Commissioner Diaz de la Portilla: Yes, I do. And also -- Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: -- to explore, obviously, my original point of the pocket item is to explore the at -large districts, to look at possible alternatives. That's the directive. This will be the motion, right, including yours, as an amendment to what we're doing. We'll do it together. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Look at all the possible options. It gives this policymaking body the options. Chair Russell: That is -- that is fair. Commissioner Diaz de la Portilla: That 's it. Commissioner Covo: I agree, but we do -- also, we need to add a timeline because what would happen if that takes forever? Commissioner Reyes: Yes. What happens legally in November? I mean, that's something that it could -- because we need to socialize it with the community as well. Commissioner Diaz de la Portilla: Of course, of course. And we need to know who to if we have districts, we need to know where to go, right? Everybody should know where to go. If you go to the wrong neighborhood, it 's no longer your district the next day, you know, right? So, we got to figure out where to go. All of us here and everybody out there that wants to run, right? And it's a fair thing to do. And it is, by the way, May, and you know, qualifying is September. So, we don't have that much time. Chair King: I agree. So -- Commissioner Diaz de la Portilla: I'll leave you alone. Chair King: I think I asked seven minutes ago for a motion. Commissioner Diaz de la Portilla: I'll make it. Chair King: I have a motion. Second? Commissioner Reyes: I second. Chair King: All in favor? City of Miami Page 127 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 NA.5 14005 City Commission The Commission (Collectively): Aye. Chair King: Okay. Commissioner Reyes: All the alternatives. Chair King: Yes. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Okay. DISCUSSION ITEM CITY COMMISSIONERS ACKNOWLEDGED COMMISSIONER MANOLO REYES' BIRTHDAY AND TOGETHER WITH MEMBERS OF THE AUDIENCE IN CHAMBERS SANG "HAPPY BIRTHDAY". RESULT: DISCUSSED Chair King: At this time, I would like to recognize one of our colleagues. It is his (Comment in Spanish not translated.). Commissioner Reyes: Oh. Commissioner Diaz de la Portilla: Twenty-nine, right? Chair King: Twenty-nine. Commissioner Diaz de la Portilla: Happy birthday, Commissioner. Chair King: So, we'd like to sing happy birthday. Commissioner Covo: Oh. Applause. Commissioner Reyes: Thank you. Thank you. Commissioner Diaz de la Portilla: So, here we go guys, here we go. Ready? I have a horrible voice, so ready? You start. You have a prettier voice. Commissioner Reyes: Thank you, thank you. Commissioner Diaz de la Portilla: One, two, three. (MULTIPLE PARTIES SINGING IN UNISON.) Applause. Chair King: And many more. Commissioner Reyes: Thank you, thank you, thank you. Let me just say something. You know, today I learned that May is Historic Preservation Month. You see, I'm historic, so I got to be preserved. Because of my age and my knowledge, I'm historic. City of Miami Page 128 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Diaz de la Portilla: No, but hold on a second. No, Commissioner, we need to send that to the HEP (Historic and Environmental Preservation) Board -- Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: -- to the HEP Board, see if they approve it. Commissioner Reyes: I've been declared historic. Commissioner Diaz de la Portilla: But I've known you for, I'm not going to say how many decades, but it's been decades, and you -- and we've had a lot of political battles together. We've had differences. That's all people in politics do. But you're my lifelong friend, and I love you, and I'm very, very happy you're here with -- you're my colleague, and I wish you a very, very happy birthday to you and your entire family, Commissioner. Happy birthday, sir. Commissioner Reyes: Thank you. Thank you. Thank you. Applause. Commissioner Reyes: And I know -- and regardless of whatever disagreement we have here, me and you and your brothers and your father and your mother, we're going to be family. We're going to be friends, always. Applause. Chair King: Happy birthday. Commissioner Covo: Happy birthday, Commissioner. Commissioner Reyes: Thank you. Chair King: Okay, back to the business of the City. Commissioner Diaz de la Portilla: That's right. (UNINTELLIGIBLE). Chair King: Oh, do you want to cut the cake first? Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Say something nice. Chair King: Take a picture. Commissioner Diaz de la Portilla: Let's take a picture. Chair King: We did take pictures. Commissioner Diaz de la Portilla: I haven't got a picture. Chair King: All right. (COMMENTS MADE OFF THE RECORD.) City of Miami Page 129 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 NA.6 14001 Office of the City Clerk DISCUSSION ITEM DISCUSSION BY THE MIAMI CITY COMMISSION REGARDING APPOINTMENTS TO THE AT -LARGE VACANCY ON THE CODE ENFORCEMENT BOARD. RESULT: DISCUSSED Todd B. Hannon (City Clerk): And there's also one vacant at -large seat on the Code Enforcement Board. Commissioner Diaz de la Portilla would like to appoint Martin Zilber, and Commissioner Reyes would like to appoint Brenda Betancourt. Chair King: Do I have a motion? Mr. Hannon: There 's only one. Commissioner Diaz de la Portilla: Well, there 's only one that can be appointed. Chair King: Oh. Commissioner Diaz de la Portilla: And this is -- Commissioner Reyes: But may I -- may I -- may I state why I naming Brenda? She has been an alternate for a long, long time. And now that it comes -- it is a permanent and she have been always -- she 's always present, I want to -- Commissioner Diaz de la Portilla, I want to propose that we nominate Zilber as an alternate because he'd be here all the time because there is never (UNINTELLIGIBLE) -- I mean, until we have a permanent. But I think she deserves to be named a permanent member because she comes to every single meeting as an alternate. And that way, we have commissioner - - I mean -- I call him commissioner -- Judge Zilber as an alternate and he was going to participate because Brenda can attest that there is never quorum. Until the next permanent comes in, you have my commitment that I will back him up. Commissioner Diaz de la Portilla: Unfortunately, this is one of those issues that we talked about about -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- about two minutes ago, and we're not in -- Commissioner Reyes: That 's right. Commissioner Diaz de la Portilla: -- that we 're not in agreement with. Just because somebody has been an alternate, I don't believe that Ms. Betancourt has done a good job on that board. Commissioner Reyes: Well, it's your opinion. Commissioner Diaz de la Portilla: Well, the -- you gave your opinion, I'm going to give mine. Commissioner Reyes: Yeah. City of Miami Page 130 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 Commissioner Diaz de la Portilla: I don't believe -- I think she's politicized the position. So, I don't agree with her positions that she's taken over the course of her tenure there. I recommend that Mr. Marty Zilber -- because I think he brings a lot of good things to that board. I think that board needs more professionalism in it. It's a lot of debate back and forth constantly and this little resolution that comes from it -- I've watched those meetings. So, to me, I think somebody who's a lawyer, somebody who brings a little bit -- you know, a history of mediation, arbitrations that he's done and things along the way that he understands how these boards should work and how we can move our city forward. So, that's why I nominated him. I also think for the harmony of not only District 2, but the city in general, that Mr. Zilber -- Judge Zilber could do a good job in this position. I think he could do a better job as a permanent member than the alternative at this juncture. And I want his name, and that's why I nominated him. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: So, I think it will be a vote. Commissioner Reyes: It has to be -- let the board decide. Commissioner Diaz de la Portilla: If we have to take a vote, we'll take a vote on it. I prefer to have a full dais to do it, to be honest with you. Commissioner Reyes: Oh, that you -- Commissioner Diaz de la Portilla: But -- at least I know Commissioner Carrollo -- I didn 't -- I thought he would -- he may be here today. I know where he is but -- Commissioner Reyes: And let the board decide. Commissioner Diaz de la Portilla: But we can let the board decide. Chair King: So, you want to defer that? Commissioner Diaz de la Portilla: If you want to defer, but I think we can take a vote on it. Commissioner Reyes: But we can vote. Commissioner Diaz de la Portilla: I prefer -- Commissioner Reyes: We can vote. We can vote right now ifyou want. Commissioner Diaz de la Portilla: Well, what do you want to do, Madam Chairwoman? Chair King: I think we should wait until we have a full board. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Okay. Okay, we'll wait, so we'll live to fight another day. We'll do it another day. Commissioner Reyes: Okay. Chair King: Okay, so we'll -- City of Miami Page 131 Printed on 07/03/2023 City Commission Meeting Minutes May 11, 2023 ADJOURNMENT Commissioner Diaz de la Portilla: But I -- Chair King: Motion to de -- Commissioner Diaz de la Portilla: But obviously, I expect you to vote my way, right, and we 'll take it from there. Commissioner Reyes: No, no, no, no, no. Wait a minute, wait a minute. Well, that's - Commissioner Diaz de la Portilla: Well, I mean -- Commissioner Reyes: -- that's going to be my birthday present. Commissioner Diaz de la Portilla: It would be -- well, because it's your birthday, we want to make sure the vote goes the right way so we'll -- I'm okay -- Mr. Hannon: No motion is necessary. Chair King: Okay, no motion is -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Chair King: All right. Todd, do you have any other board appointments? Commissioner Diaz de la Portilla: Yeah, there's no motion needed. Commissioner Reyes: No motion. Chair King: Okay. The meeting adjourned at 12:47p.m. City of Miami Page 132 Printed on 07/03/2023