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Home My WebLink AboutCC 2023-05-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, May 25, 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 25, 2023 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, Commissioner Covo and Commissioner Reyes On the 25th 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. Chairwoman King opened the meeting at 9:06 a.m. for presentations and proclamations only. Upon conclusion of presentations and proclamations, the Commission Meeting recessed at 9:31 a.m., and reconvened at 10:16 a.m., wherein Chairwoman King officially called the meeting to order, recessed at 11:31 a.m., reconvened at 3:44 p.m., and adjourned at 4: 55 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9:32 a.m., Commissioner Diaz de la Portilla entered the Commission chambers at 10:18 a.m., and Commissioner Reyes entered the Commission chambers at 11:30 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: (INAUDIBLE) again, everyone. We now have a quorum. And at this time, I will ask Pastor Robert Jackson of St. Paul AME (African Methodist Episcopal) Church to lead us in prayer. Invocation delivered. Chair King: At this time, we will say the pledge of allegiance collectively. Pledge of allegiance delivered. Chair King: You all may be seated. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 14074 PROTOCOL ITEM Honoree Presenter Protocol Item Miami Firefighters ALS Peer Award Mayor and Commissioners Salute Karla Chavez -Richey Mayor and Commissioners Proclamation Jeanine "Mommy Yanick" Jolicoeur Mayor and Commissioners Proclamation Ronald McDonald House Charities Mayor and Commissioners Salute RESULT: PRESENTED City of Miami Page 1 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 1) Mayor Suarez and Commissioners presented a Salute to recognize the City of Miami Firefighter's recipients of the 2023 ALS Peer Recognition Award. This award holds great significance within the City of Miami Fire Department, as it acknowledges members who have gone beyond in their commitment to "excellence through service." This award recognized professionalism, service, integrity, teamwork, innovation, and courage. The City of Miami Firefighters display exceptional dedication and unwavering commitment to their responsibilities and have set a remarkable example for all of us. Elected Officials paused in their deliberations to pay tribute and recognize the City of Miami Firefighters 2023 recipients of the ALS Peer Award while thanking them for elevating the quality of life in the City of Miami. 2) Mayor Suarez and Commissioners presented a Proclamation to celebrate and recognize Ms. Karla Chavez -Richey. Karla Chavez -Richey is the founder and publisher of Miami Kids Magazine (MKM). When she was pregnant with her firstborn son, Kenneth, she realized she had few resources to look to for support. Since most of her family and friends were in Peru, Karla decided to take matters into her own hands. Within years of planning, Miami Kids Magazine was born. However, it was to be more than just a magazine. MKM was to be a support system for parents who wanted to provide their kids with everything. It has always been Karla's dream to have her own magazine. She now executes marketing strategies as well as coordinates events to continue introducing the magazine to the community and maintains an online and social media presence, understanding the vitality of having more than one source. She is a member of the distinct Rotary Club of Miami. She also serves as a chair and board member of many non-profit organizations. A special mission of hers is to help children with disabilities and organizations that support such families. She has partnered with Big Brothers Big Sisters, the Jackson Health Foundation, the Lighthouse for the Blind, Branches, and many more charitable organizations. Elected Officials paused in their deliberations to commend and honor M. Karla Chavez -Richey while thanking her for elevating the quality of life in the City of Miami. 3) Mayor Suarez and Commissioners presented a Proclamation to pay tribute to Jeanine `1ldommy Yanick" Jolicoeur. M. Jeanine Jolicoeur, affectionately known as "Mommy Yanick," was born on July 11, 1957, in Gonaives, Haiti to Christine Joseph and the late Kaesar Jolicoeur. In late 1979, she moved to Little Haiti, where she later joined an organization called Veye-Yo that allowed her to advocate for the Haitian community where she attended meetings twice a week and protested on the weekends. Veye-Yo, which translates to "Watch Them," is a pro -democracy political group that arose as a response to the discriminatory treatment of Haitian refugees that was founded by the late father Gerald Jean-Juste in March 1983. At that time, Veye-Yo was the only Black group supporting Haitian refugees and fighting against deportation and brutality. Ms. Jolicoeur continued to further her education at Miami Jackson Senior High School. Today, Ms. Jolicoeur continues to express her undying passion for humanity and genuinely believes in the fight for human equality. Ms. Jolicoeur currently serves as a Commission Aide to Miami -Dade County Commissioner Keon Hardemon, where the District Three team supports her advocacy efforts. Elected Officials paused in their deliberations to pay tribute and recognize Ms. Jeanine `1ldommy Yanick" Jolicoeur while thanking her for her activism and commitment in elevating the quality of life in the City of Miami. 4) Mayor Suarez and Commissioners presented a Salute to the Ronald McDonald House Charities (RMHC). This year marks the 30th Anniversary of the Twelve Good Men Luncheon to benefit Ronald McDonald House Charities of South Florida. Each year, RMHC of South Florida has honored leading men with a history of outstanding community involvement, civic service, and support of one or more of South Florida's top charity organizations. This event supports RMHC's mission to keep families close and together during the most challenging times of their lives: when their child City of Miami Page 2 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 is sick or injured. The house provides the comforts of home plus the compassion and hospitality of the staff, volunteers, and other families steps away from the hospital. Elected Officials paused in their deliberations to pay tribute and recognize Ronald McDonald House Charities of South Florida and its executive director Ms. Soraya Rivera-Moya while thanking her and all volunteers at the RMHC for their commitment in elevating the quality of life in the City of Miami. Chair King: Good morning, everyone. Thank you for joining us for our May 25th, 2023 Commission meeting. At this time, we are going to recognize some persons that have done marvelous things in our community. Presentations made. Chair King: At this time, we do not have a quorum, so we are going to take a break until we have some of our other colleagues join us so that we can begin our meeting. I apologize, but we can't move forward. We'll keep you posted as to when the meeting will officially start. PUBLIC COMMENTS FOR ALL ITEM(S) 14070 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE MAY 25, 2023, CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: I will now open the floor for public comments. Anyone wishing to speak on any of the items before us today may speak. Please come to the podium. Public comment. Sir, good morning. Antonio Canton: Good morning. I just have a simple question on RE.3. Is there a specific reason why it's being postponed to the following meeting, I guess? Vice Chair Carollo: FR (First Reading) -- Chair King: FR.3, it's been deferred to the next meeting. Mr. Canton: Yes. Is there a specific reason or just --? Chair King: Mr. Manager. Vice Chair Carollo: I don't know. Chair King: FR.3 was deferred. He's ask -- Mr. Canton: RE.3. Unidentified Speaker: RE.3. Chair King: I mean RE 3. City of Miami Page 3 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Arthur Noriega (City Manager): RE.3 is deferred, yes, to June 8th. Chair King: Why? Mr. Noriega: I think District 4 needed some additional information and to be briefed, and so he requested the deferral. Mr. Canton: Okay, thank you. Have a good day. Mr. Noriega: You 're welcome. Chair King: Good morning. Todd B. Hannon (City Clerk): Chair? Sir, can I have your name for the record? Will you just give your name on the record? Mr. Canton: My name is Antonio Canton with Texas Aquatic Harvesting. Chair King: Thank you. Mr. Canton: Thank you. Chair King: Good morning. Abby Ape: Hi, good morning. Can I confirm that we 're reviewing SR.3 today? Is that on the agenda? Chair King: Yes, it is. Ms. Ape: Okay, hi. My name is Abby Ape. I am a resident of District 2 at 400 Northeast 18th Street. I'm a mom of two, and I support the prohibiting of smoking cannabis in public parks primarily because I have children, and so perhaps keeping that scent away from the playground might be a middle ground for this ordinance. However, there has to be enforcement to this, and we all know that our police department has a lot happening. So, if there's no enforcement to it, then it's just an ordinance. And so I would just support you all enforcing and helping our police department perhaps by having a subcommittee or something that would focus on this ordinance so that it's actually something that's plausible and possible. So, that's it. Vice Chair Carollo: Thank you. Ms. Ape: Thank you. Chair King: Thank you. Vice Chair Carollo: You've -- you made a very good point. Ms. Ape: Thank you. Vice Chair Carollo: And I appreciate your coming here. Ms. Ape: Thank you, Commissioner. Vice Chair Carollo: Mr. Clerk, can you show me as a sponsor of that ordinance? Can you show me as a sponsor of that ordinance? Mr. Hannon: Understood. City of Miami Page 4 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: Together with FR.3 also. Chair King: Good morning. Carol Davis Henley Bird: Good morning. My name is Carol Davis Henley Bird, and I am in support of RE. 7, the street naming for Dr. Ira P. Davis Overtown. He was born in 1896 and died in 1970. He was born in Jacksonville, but he came to Miami in 1936. And from that time he was fast running. He was a dentist on 2nd Avenue in Overtown, and his office, as well as his house, was the center for all sorts of meetings to really break down racial barriers in Miami. He was in the forefront of the civil rights movement. And the strategies that he and his group of like-minded individuals developed led to the first black policemen in Miami that were sworn in in front of his office, reported there for roll call because they had nowhere else to go. Also, they strategized for the first colored precinct, the building, the jail, the courthouse, the first black judge, the wade -in at Virginia Key Beach so -- facilities for blacks to swim, housing, you know, you name it, education, everything. And it started with him helping to start the John Gruen Post of the -- for colored veterans in the state of Florida. He became the first black district commander for the State of Florida, for the American Legion. And it was from that platform that he fought for housing, education, the rights to facilities and so forth, to the Orange Bowl where blacks could attend. They had to come to his office to get the tickets, the Orange Blossom Classic. And it just goes on because later years he became on different city committees for all members of the Miami community. Chair King: Thank you. Good morning. Christina Scott: Good morning. Christina Scott, staff attorney, Legal Services of Greater Miami. I am here on PZ.2, 3, and 4. I heard that PZ.4 was being deferred. I guess I just have a question on why PZ.2 and 3 weren 't also deferred. I was under the impression that a community meeting needed to take place prior to those being addressed. And a community has -- community meeting has not taken place as of today. So, I'm just confused as to why those two are proceeding. Commissioner Covo: PZ.2 and 3? We're going to -- we're going to take them and we 're -- they're going to be listened, and what we 're going to fry and do is see -- from those two items if the assemblages make sense. And we're going to be -- I just would like to discuss it. Chair King: The Commissioner needs more time. Commissioner Covo: But for the ones that were deferred, it was because we need to do the community meeting that we promised, so the item came back and -- Ms. Scott: Okay. Commissioner Covo: -- that's why we want to defer it. Ms. Scott: Okay, I understand. Chair King: Thank you. Good morning. Good morning. Maria Ramos: Good morning. My name is Maria Ramos Maggi. I go by Maggi. I live in Morningside, and I'm here for the pocket item, the flooding issue in the park. You should have received several emails from our community. Yesterday, mine was sent at 4:45, so I have a copy of it here in case you didn't receive it. Mine differs a little bit from what everybody else sent. There is a flooding issue. We have several City of Miami Page 5 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 flooding issues in the park, as you all are aware. There's one in particular that's a very easy fix, and it would be great if we could get this fixed before rainy season really kicks in. Having been -- you know, because this area floods every single time it rains, every time. There's a sidewalk that was built on the loop right by the baseball - - by the baseball area and it basically floods that whole area out all the way to the playground and the pedestrian -- the east pedestrian entrance to the park. And basically, all we would need to do is something similar to what was done outside of the park, right outside of where the banyan trees are, is raise the sidewalk a little bit and put a drainage -- a little bit of drainage right underneath that sidewalk. It's not a difficult fix, it's not an expensive fix, and that would resolve a very big flooding issue in the park. That's number one. Number two, I have photos dating back to 2020 of different flooding issues in the park, surrounding areas of the park, streets that are adjacent to the park, and my big concern is now that the seawall was approved, which I'm very much in favor of I am concerned with drainage. And I just wasn't sure if you all were aware of all of the drainage issues we have and the flooding issues we have in the park going back several years. So, I wanted to submit this. You have this. I did send this yesterday at 4:45. Chair King: Thank you. Ms. Ramos: Thank you for your time. Chair King: Thank you. Good morning. David Malinowski: Good morning. My name is David Malinowski. I'm the treasurer of Miami Society, Group 3036, Polish National Alliance. And along with me is Ilona Sweet, our president, and in the audience is Kazimierz Warchol, our vice president. I'm here for PZ.5 and PZ.6. And my question is, what day has it been deferred to? Chair King: The second meeting in July, July 27th. Mr. Malinowski: July, thank you. Okay, Miami Society, Group 3036, PNA (Polish National Alliance), we are a local charity for the South Florida Polish community founded in 1950. We are here because we are the first mortgage holders of the Polish American Club of Miami, PACOM's (Polish American Club of Miami) property located at 1250 Northwest 22nd Avenue, Miami, recorded on August 19th, 2004, title number 723617. Today, our board of directors is opposed to this upzoning because when our mortgage was first signed in 2004, there was a building on the property, and without our permission, it was demolished by the Polish American Club, PACOM. PACOM was legally obligated under our first mortgage to protect, commit, or suffer no waste, impairment, or deterioration to our secured property. I asked the City, why would you, the City of Miami, want to do business with PACOM, an organization that defrauds a 70 year plus local charity? We know this is an internal dispute between our society groups, but we are here because of the necessity to protect and secure our first mortgage. Now our Madam President will say a few words. Ilona Sweet: Good morning. I'm Ilona Sweet. I am the president of -- Chair King: Excuse me. Ms. Sweet: Oh, sorry. Chair King: Would you like to give your name? So, I'm going to start the clock -- because he only had 20 seconds left, so I'm going to give you the -- Ms. Sweet: Sure. City of Miami Page 6 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Chair King: -- two minutes. I don't want it to beep and say -- okay, so if you could give your name for the Clerk. Ms. Sweet: It's Ilona Sweet. Ready? Chair King: Go. Ms. Sweet: Okay, I'm president of the Miami Society, Group 3036, Polish National Alliance. Our society has a long-standing friendship with the Polish American Club of Miami that spans over many decades. Our two groups have one important goal in common, and that was to enrich the Polish community around us. When our friends, PACOM, were in trouble in 2004, getting ready to be foreclosed on their property, our society loaned the Polish American Club of Miami the sum of $100, 000. In 2018, the Polish American Club destroyed and demolished -- without our permission -- the building that was on property at 1250 Northwest 22nd Avenue. Therefore, on April 25, 2023, 30 days ago, we issued a breach of contract demand letter to the Polish American Club of Miami for materially breaching our first mortgage contract. And as of yesterday, the expired demand letter has not been satisfied. We hope to have reached a mutually acceptable resolution between our societies without having to attend today's meeting and the necessity of a public lawsuit to follow, but we are preparing to file a foreclosure against the Polish American Club for this breach of contract to our first mortgage. So, again, I ask you, why would the City of Miami want to do business with PACOM, an organization that defrauds a 70 plus year local charity? Thank you for your time and attention. Chair King: Thank you. Good morning. Jacqueline Kreger Degwitz: Good morning. My name is Jacqueline Kreger Degwitz. I live in Morningside also, and I'm here also about the pocket item that I really hope that you will address because it's like a simple solution, so please, can you go for it that we will address the flooding in the -- especially for the -- for the baseball park. Thank you. Chair King: Thank you. Good morning. Luimar Zibetti Garza: Good -- good morning. Luimar Zibetti Garza , homeless. Under number one, I am a full frontal, 100 percent Trump supporting lesbian. Please do not waste any taxpayer dollars promoting the sexual proclivity of a selected group. Number two, the farmers' market. You have permitted them to now chop down those amazing trees on the corner of Grand and Margaret. Shame on you. Number three, pizza gate and frazzle drip. Under PH.2, the address is 2810, 2910 and 2916 South River Drive. It is near the river for easy transport of children to disappear. Are you now in the child trafficking business? Are you low on adrenochrome-rich children? Number four, to the hypocrite who is not here, Manolo Reyes, SR.3 and FR.2 -- SR.3, I'd like for a chief police officer to opine if they are -- if you pass this particular ordinance, are you going to go up to the beach and you're going to enforce it by having brown shirt Hitler youth tap people on the shoulder if they are smoking or drinking alcohol? And if you're not going to let people, under FR.2, to smoke or drink in parks or beaches, then you will not allow any restaurants to serve any alcohol at parks or beaches. Number five -- this is for your information for everybody who is here. The U.S. Treasury has asked government agencies if payments in June can be delayed. That's all of your paychecks not being deposited in June. Tick tock, tick tock. And number six, finally, yes, I can be compared to the corpse flower because I make a stink about everything. Thank you. Vice Chair Carollo: Excuse me. Excuse me. Excuse me. City of Miami Page 7 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Ms. Zibetti Garza: What's up? Vice Chair Carollo: Did you miss me last meeting? Ms. Zibetti Garza: Pardon? Vice Chair Carollo: Did you miss me last meeting? Ms. Zibetti Garza: Mr. Carollo -- Vice Chair Carollo: Yeah. Ms. Zibetti Garza: I think you're in deep trouble with the Miro Corporation, and I think we should leave this as it is. Vice Chair Carollo: Miro? Ms. Zibetti Garza: Thank you. Vice Chair Carollo: Who 'sMiro? Ms. Zibetti Garza: Read your documents. Chair King: Good morning, Elvis. How are you today? Elvis Cruz: Good morning, Chair. Waiting for my presentation to come up on the screen, please. There we go. Thank you, Commissioner Covo, for moving to fix this mistake in Morningside Park that has dragged on for 11 years. That flooding problem caused much of the conflict and negative energy you heard at the last meeting. Also, thank you for passing the funding for the Morningside Park shoreline. Please note that the shoreline plan the Commission approved on March loth, 2022 included these before and after pictures, which clearly show the loop road would be kept intact and the tall trees would be kept intact, with the new bay walk clearly placed in the same location as the current bay walk. But instead, the plan shows three bay walks, the third one being 15 feet wide. That third bay walk is so wide that it would require removing tall trees, removing half the loop road, and removing the elegant, landscaped median. Commissioner King attended a meeting last week where the public voted overwhelmingly in favor of a six-foot wide bay walk for Legion Park. That's all we need in parks north of downtown. The ADA (Americans with Disabilities Act) minimum walkway is only five feet wide, so if you change the bay walk ordinance to allow six -foot -wide walkways, you can avoid the conflicts, keep the loop road intact, keep the median, keep the tall trees, and keep the pool in the same place as you voted for in these pictures. I urge you to make the plan comply with the pictures in the plan, with a bay walk along the bay, because that's what you heard many people support, and that's what you voted for. We don't need three bay walks where one has worked fine for 70 years. Changing the plan from what you approved is what caused much controversy and division amongst the neighbors and the public. If any of you want to ask questions or meet with me about this, I would love to give you all the facts. Thank you. Chair King: Thank you. Good morning. Good morning. Jonathan Raffle: Good morning, Commissioners. My name is Jonathan Ramie. I live at 499 Northeast 55th Terrace. I'm here to speak in support of Commissioner Covo's pocket item to study the drainage in Morningside Park. I also want to thank all of you for your support of the shoreline plan and the funding at the last meeting. There City of Miami Page 8 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 ORDER OF THE DAY continues to be flooding in other parts of the park, not just the shoreline, so I encourage the Commission to study the issue and continue to work on improvements for the park and the overall neighborhood. Thank you very much. Chair King: Thank you. This concludes the public comment portion of our meeting. Thank you all. Chair King: Madam City Attorney -- Mr. City Attorney, would you read into the record the statement? John Greco (Chief Deputy City Attorney): Yes, Madam Chair. Detailed information about the processes, order of business, rules of procedure, and scheduling or rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code. A copy is available online at www.municode.com. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online at www.municode.com. 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 www.municode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Sections 2-33(f) 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 www.miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. Public comment will begin soon and remain open until public comment is closed by the chairperson. 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 that 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 the elected officials, their staff, and the City Administration up until the chairperson closes public comment. Public comment may also be provided live at City Hall, located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as they may be amended. If the proposition is being rescheduled or continued, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notes the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on the items and topics to be discussed at City of Miami Page 9 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 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 City Attorney's Office on items on the agenda today. Anyone wishing a verbatim record of an item considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. 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 testing on behalf of the applicant, appellant, or appellee may be 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 to remove the presumption of prejudice pursuant to Florida Statute 286.0115 and Section 7.1.5 -- .4.5 -- that's Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they have. Please silence all cellphones and other noisemaking devices. This meeting can be viewed live on Miami TV (miamigov.com/tv), the City's Facebook page (facebook.com/cityofmiamigov), the City's Twitter page (twitter.com/cityofmiami), the City 's YouTube channel (youtube.com/user/cityofmiamigov), and Comcast Channel 77, City of Miami. The broadcast will also have closed captioning. Thank you, Madam Chair. Chair King: Thank you. Mr. City Clerk, would you please read your statement for 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 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 the meeting? And then, Chair, may I administer the oath for the Planning and Zoning items? Chair King: Yes, please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. If you '11 be speaking on any of today's Planning and Zoning items, today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you. At this time, Mr. City Manager, do you have any items that are going to be deferred, withdrawn, amended? City of Miami Page 10 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items. It's a fairly long list, so I'm going to go slow so everybody can kind of keep pace here. PH1, to be withdrawn; PH.3, to be deferred to June 8th; RE.3, to be deferred to June 8th; RE.4, to be deferred to June 8th; FR.1, to be deferred to June 22nd. Now, onto the Planning and Zoning agenda: PZ.4, to be deferred to July 27th; PZ.5, to be deferred to June 22nd; PZ.6, to be deferred to June 22nd; PZ.8, to be deferred to July 27th; PZ.9, to be deferred to July 27th; PZ.10, to be deferred to July 27th; PZ.11, to be deferred to July 27th; PZ.12, to be deferred to July 27th; PZ.13, to be deferred to June 8th; and PZ.17, to be deferred to July 27th. That concludes the items. Chair King: Mr. Vice Chair, do you have anything that you would like to have withdrawn or deferred? Vice Chair Carollo: Not at this time, Madam Chair, but I would like to clam the PH (Public Hearing) items that are either being withdrawn or deferred. I believe the first is PH 1, withdrawn? Chair King: Yes. Vice Chair Carollo: The second is PH.3, deferred? Chair King: Until June 8th, yes. Vice Chair Carollo: Mr. Manager, on PH.3, instead of June 8th, could it be deferred for the second meeting of June? This will give the -- and particularly myself, sufficient time to be able to meet with staff and go through it. Mr. Noriega: Yes, sir, that's fine. Vice Chair Carollo: Yeah, you -- okay. I think you understand why I'm asking for this. I'm going to be a little busy still so -- Chair King: So, to what day did you ask? Vice Chair Carollo: The second meeting in June instead of the first. Chair King: So, that is June 22nd. Mr. Noriega: 22nd. Vice Chair Carollo: Okay. Alright, the other was RE.3, right? Commissioner Diaz de la Portilla: Yeah. Chair King: Yes. Mr. Noriega: RE.2 was also -- Chair King: RE.3 is -- Mr. Noriega: -- on the list to June 8th. Vice Chair Carollo: Okay. Alright, everything else I got, so thank you. City of Miami Page 11 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Chair King: Okay. You want RE.3 to go to June 22nd as well? Vice Chair Carollo: No, no, no, no. That's -- Chair King: Okay. Vice Chair Carollo: -- that's fine. Chair King: Commissioner Diaz de la Portilla, is there anything that you would like to withdraw or defer? Commissioner Diaz de la Portilla: Yes, Madam Chairwoman. Commissioner Carollo's requested PH.3 to June 22nd. I'm not going to be here for that meeting and it's a four -fifths vote. We have any objection to doing it in the first week of July -- the first meeting of July? Vice Chair Carollo: Not -- not at all. Commissioner Diaz de la Portilla: So, we could do that one in July -- Vice Chair Carollo: Sure. Commissioner Diaz de la Portilla: -- when I'm here -- Vice Chair Carollo: That'll be fine. Commissioner Diaz de la Portilla: -- because it's a four -fifths. Thank you. Vice Chair Carollo: In fact, if they need, I don't even mind doing a special meeting for it, but if -- you know, if it's not time sensitive, then we could do it in July. Commissioner Diaz de la Portilla: And then, Madam Chairwoman, can we do PZ.5 and PZ. 6 for the first week of July instead of June 22nd? Chair King: July, okay. What's the first meeting in July, Mr. Manager? Commissioner Diaz de la Portilla: July 13th, I think. July 13th? Yeah, July 13th. Chair King: Okay. Commissioner Diaz de la Portilla: I think the second is July 27th so -- Chair King: Okay. Commissioner Covo. Commissioner Covo: I would like to ask Mr. Manager why are we deferring PZ.17. Mr. Noriega: I -- that came through as part of one of the briefings, and I don 't recall which one it was off the top of my head. Commissioner Covo: Until when? Mr. Noriega: No, no. It's listed as July 27th. I just don't recall how that arose in terms of which -- we had a briefing, and I think it came up as part of one of those briefings, but I don't recall which one. I mean, if you have an issue with it, we can certainly discuss timing of it. I mean, it didn't necessarily -- I don't believe it came through our office. It came through one of our briefings. City of Miami Page 12 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Covo: Oh, okay. Mr. Noriega: I just don't recall which one it was. Vice Chair Carollo: It came through what? Mr. Noriega: One of the briefings. Vice Chair Carollo: Oh, okay. Mr. Noriega: I just don 't recall which one it was. Chair King: Okay, Mr. Manager -- Commissioner Diaz de la Portilla: Can I ask --? I'm sorry. Chair King: Let me just defer -- Commissioner Diaz de la Portilla: Yeah. Chair King: For me -- Mr. Noriega: Yeah, you can, you can. Chair King: -- Mr. Manager, I'd like to defer PZ.19 indefinitely. Commissioner Diaz de la Portilla, I think you -- Commissioner Diaz de la Portilla: For -- what are we doing on RE.3? I missed that one. Are we deferring that, RE.3? Mr. Noriega: Yes. Commissioner Diaz de la Portilla: Until? Mr. Noriega: June 8th, next meeting. Commissioner Diaz de la Portilla: Okay, okay. That's fine, I'm fine. Thank you. Unidentified Speaker: Morning, counsel for PZ Items 5 and 6. Could we actually have that deferred to the second meeting in July? Commissioner Diaz de la Portilla: We can. Unidentified Speaker: Thank you. Commissioner Diaz de la Portilla: Sure. Those are in my district. Eric Zichella: Madam Chair. Chair King: Yes. Mr. Zichella: On PZ.11 and PZ.12, is there any chance that we could have those items heard today? Is there a reason for the deferral? Chair King: Mr. Manager. City of Miami Page 13 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Mr. Noriega: Again, the request is part of one of the briefings. They were requested to be deferred. It's up to the body to decide whether they want to acquiesce to it as a whole or not. I mean, you certainly can entertain it as an item to be heard today, but it was requested as part of the briefing. Mr. Zichella: Members, we 'd really appreciate if you could -- if you could entertain these items today. My client's been waiting a long time, and we'd really appreciate just to have a hearing today and put the -- put the matter behind us one way or another. Chair King: I believe my colleague who is not here -- will be here around 11:30 -- has requested -- and -- Commissioner Diaz de la Portilla: And I think -- Chair King: -- I typically give a courtesy -- a professional courtesy to our colleagues, butt know they'll be here at 11 -- he'll -- okay. Commissioner Diaz de la Portilla: Madam Chairwoman, am I recognized? Chair King: Please. Commissioner Diaz de la Portilla: Oh. We have been having this conversation for a while now, and we have spoken about a full dais on this issue, and obviously, we don't have a full dais. So, I think we go ahead with what the Manager's recommending, that we defer until we have -- and I think everybody will feel more comfortable when we have a full dais, number one. And number two, it's also a policy that's being developed, as you well know, Mr. Zichella, on medicinal marijuana dispensaries that's going to be a city-wide policy one way or the other. We don't know yet. The Commission is debating on this, and it deserves the full attention of every commissioner and the full participation of every commissioner. So, I would ask, Madam Chairwoman, that we continue -- that we take what the Manager's recommending and defer until -- Vice Chair Carollo: Sure. Commissioner Diaz de la Portilla: -- July 27th. Mr. Zichella: Madam Chair, can I request that you would consider leaving it on the agenda and then deferring it when it comes up if in fact he's not here? Because if he 's here at the time -- Chair King: We can take it off. When he -- we -- when he comes here, we can remove it. Mr. Zichella: You can remove it from the deferral list. Commissioner Diaz de la Portilla: We'll defer it -- Chair King: From the deferral list. Commissioner Diaz de la Portilla: -- and we can bring it back -- Chair King: Yes. Commissioner Diaz de la Portilla: -- if the body wants to do that. Yeah, we can defer City of Miami Page 14 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Mr. Zichella: Today? Commissioner Diaz de la Portilla: Yes. Chair King: Yes. Commissioner Diaz de la Portilla: We can, but don't get -- Mr. Zichella: Just to be clear for anybody that's here that if it's getting deferred now, it still could come back later. Commissioner Diaz de la Portilla: Of course. Chair King: Yes. Mr. Zichella: Okay. Commissioner Diaz de la Portilla: Everything can always come back, Mr. Zichella. You know this. We have reconsiderations and all kinds of things happening here, so you should -- Vice Chair Carollo: Correct. Commissioner Diaz de la Portilla: -- never leave the body. Mr. Zichella: There's oftentimes -- Vice Chair Carollo: Only -- Commissioner Diaz de la Portilla: The chamber -- you always stay in the chamber -- Mr. Zichella: -- interpretations -- Commissioner Diaz de la Portilla: -- until the end. Mr. Zichella: -- that happen. Commissioner Diaz de la Portilla: Yes. Mr. Zichella: I just wanted to be clear about what the rule would be. Commissioner Diaz de la Portilla: Yes. Mr. Zichella: Thank you. Vice Chair Carollo: Only medical marijuana can bring together Ronald Book, Luis Terminello -- Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: -- and Eric here. Commissioner Diaz de la Portilla: You see that? Vice Chair Carollo: Yeah. City of Miami Page 15 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Chair King: Okay. Commissioner Diaz de la Portilla: An unholy alliance, right? Ryan Bailine: Good morning, Madam Chair. Ryan Bayline, offices at 333 Southeast 2nd Avenue. I'm counsel for PZ.19, and we were just wondering if that item could be heard today. I know that it was -- Chair King: No. Commissioner Diaz de la Portilla: No. Chair King: I'm deferring it indefinitely. Mr. Bailine: Is there any possibility we could get a date certain? Chair King: When I get more information, yes. Mr. Bailine: I'm sorry, I didn't -- Chair King: When I have more information. I can bring it back on the agenda at any time. Indefinitely deferred does not place a time constraint on my -- Mr. Bailine: Understood. Chair King: -- receiving information. Mr. Bailine: Sure. Chair King: So, once -- Mr. Bailine: And if our office could be helpful to you in providing whatever information you need, you know, we'll reach out, I guess, after today and see what we can do. Commissioner Diaz de la Portilla: Well, the idea would be that you would need to convince the chairwoman that it's a good idea, and then she can put it on the agenda, or any Commissioner can put anything on the agenda. Mr. Bailine: Okay. Commissioner Diaz de la Portilla: She has to have the information she needs. Mr. Bailine: Sure. Commissioner Diaz de la Portilla: So, that's why she wants to do it, and I think we should respect that wish. Mr. Bailine: Sure. Thank you. Chair King: Thank you. Yes. Joshia Remedios: Good morning, Madam Chair. Josh Remedios from the law firm of Greenspoon Harder. For the record, I understand what you're doing with the PZ items related to cannabis, but 1 want to make sure we're treating them all the same, PZ.8 through 12. And as to PZ Item Number 17, this is an alcohol matter. I don't City of Miami Page 16 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 know if there was a decision made yet on the deferral, but we're requesting to go forward on that item as well as we're ready for PZ.17. Commissioner Diaz de la Portilla: I think the argument -- Madam Chairwoman, if I may. I think the argument that all these items can be brought back -- I know Commissioner Covo has a concern about that item. Commissioner Carollo's expressed concerns about items. Any item that's deferred can be brought back by any Commissioner on this dais at any particular juncture. It can be brought back at the next meeting. And medical marijuana should all be treated -- I agree with you -- equally and with the full dais. So, I think if the Commissioner is comfortable, I think if he wants to make sure the rest of us are comfortable with it, it doesn't hurt to wait two weeks, right? I mean -- Commissioner Covo: This is --I think we'll wait two weeks. Commissioner Diaz de la Portilla: Yeah. Chair King: Thank you. Mr. Remedios: Thank you. Chair King: At this time, do I have a motion to --? Commissioner Diaz de la Portilla: I'll move it. Chair King: Second? Vice Chair Carollo: Second. Chair King: Wait. Mr. Hannon: There's just a couple of things that I wanted to read into the record. There are some co-sponsor requests. Commissioner King would like to co-sponsor CA.1. Commissioner Reyes would like to co-sponsor items RE.10 and PZ.15. Mayor Suarez would like to co-sponsor PZ.14. And it's my understanding that there are two pocket items for today. That Commissioner Covo has a pocket item pertaining to drainage improvements to a portion of a paved trail leading to the baseball field in Morningside Park. And then there's another pocket item. It's my understanding that the City Manager has a pocket emergency ordinance pertaining to a Florida gas franchise agreement. Commissioner Covo: Madam Chair. Chair King: Yes. Commissioner Covo: And I would also would like to co-sponsor FR.3 and PZ.7. Chair King: At this time, I have a motion and a second. Commissioner Carollo, second? Vice Chair Carollo: Yes. Chair King: To set the agenda, all in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 17 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - City Commission Meeting - Mar 23, 2023, 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo ABSENT: Diaz de la Portilla, Reyes Chair King: At this time, may I have a motion to approve the minutes? Vice Chair Carollo: Move. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: The meeting -- the Commission meeting 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 18 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PA - PERSONAL APPEARANCE PA.1 PERSONAL APPEARANCE 13932 A PERSONAL APPEARANCE BY CONVERGE MIAMI REGARDING CIVIC ENGAGEMENT PROJECTS. RESULT: PRESENTED Chair King: There's a personal appearance for Converge Miami. Are you here? Please come forward. Elysa Delcorto: Alright, good morning, Commissioners, Chairwoman. My name is Elysa Delcorto. I am the director of Community Engagement for the Allapattah Collaborative. We are here specifically for the Allapattah community fellows and the Overtown fellows to present their civic engagement projects. We are in Class 5 for the Allapattah fellows and Class 1 for the Overtown fellows. The Community Fellows Program is a 12-week youth leadership program geared for 17 to 25-year-olds in those neighborhoods. And it 's been really exciting to see all these young adults take an interest in their individual neighborhoods and their communities. So, they're here to present their projects. We'll have Gabriel go first for Overtown, and then Mel for Allapattah. And I'm taking all the additional paperwork over there. So, thank you. Commissioner Diaz de la Portilla: Thank you. [Later...] Chair King: And now we can get back to your presentations. Vice Chair Carollo: Thank you. Commissioner Diaz de la Portilla: Come on. You're up. You ready? I hear you're somebody's nephew, right? Whose nephew are you? Gabriel Bynum: My aunt, she works for Victoria. Victoria Mendez (City Attorney): Khadijah, who's been my office manager for 35 years, and he used to come to our office when he was a little boy in the Boy Scouts, so we 're really proud of the young man that he's grown up to be. Commissioner Diaz de la Portilla: Did she embarrass you enough already or not? Mr. Bynum: It's been worse. Commissioner Diaz de la Portilla: Welcome. Chair King: Go. Mr. Bynum: Good morning, Commissioners, Chairwoman King. I am Gabriel Bynum, the representative of the Overtown Community Fellows, and today I'll be talking to you about our community engagement project. In our findings, we realize that the Overtown youth in the community does not have much of a connection or City of Miami Page 19 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 much know-how about the history of our historical town. Not only that, but the civic engagement rate of our -- of Overtown -- of the Overtown community isn 't as high due to the lack of general knowledge about the city level laws and its regulations, and the great -- that has the greatest impact upon us. We also realize that the businesses in Overtown are in need of financial support, but not only financial support, but also advertiser support, and just trying to get their business and their words out there. Our mission in the Overtown Community Fellows is to empower and educate the community on the importance and understanding of culture, history, and civic education, as well as the significance of voting and supporting local businesses. If all these three -- all three of these issues are tackled and addressed by all of us as a community, then a great wave of change would sweep the Overtown community into a new era of growth and prosperity. So, we had our first phase, which would be in the packet. And our first phase of our community engagement project was to conduct surveys with derent groups of people within our community. The aim of these surveys was to gather certain information and to gain experience from their knowledge, their struggle, and what they -- the plan for what they want to happen in our community. We did this by having social media campaigns, and we also plan to have multiple events that would happen in the past and the future. In our second phase, we decided to come here to submit our community engagement proposal to you guys, the Commission, Chair. And we 're asking for you guys' support on our project via your social media accounts and via just general support for what we are doing. We also ask you guys, as registered Commissioners, to participate in our #VoiceofOvertown event on June 3rd of 2023. Chair King: Thank you. Mr. Bynum: In our final phase, we have also been collaborating with various organizations such as OCYC (Overtown Children & Youth Coalition), the Black Archives, and the Historical Black Police Precinct, Courthouse, and Museum. So, overall, we just really want you guys' support on what we're doing and just really support everything that is happening and thank you for your time. Commissioner Diaz de la Portilla: Thank you. Chair King: Thank you. Commissioner Covo: And congratulations. Applause. Mr. Bynum: We have also passed out a few flyers to you guys. Our Voice of Overtown, we have put it in English and Spanish so that everyone will be able to understand. Thank you. Commissioner Diaz de la Portilla: Thank you. Madam Chairwoman, you didn't ask him to ask for money? Chair King: No. Commissioner Diaz de la Portilla: Okay. From now on, for future reference, you should put in a request and ask for some additional dollars. It's important, so go ahead and say it. You have to ask us. Mr. Bynum: I did not hear what you said. I did not hear what you said. Commissioner Diaz de la Portilla: (INAUDIBLE). For future reference, you have to ask for some funding from us. Money. Don't be embarrassed. Everybody does it. City of Miami Page 20 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Mr. Bynum: Okay. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Yes, I know. Todd B. Hannon (City Clerk): Chair. Commissioner Diaz de la Portilla: I heard him and -- Commissioner Covo: And I followed you guys already. I just did, yeah. Mr. Bynum: Thank you. Commissioner Diaz de la Portilla: But I'm sure that this Commission and every Commissioner here will be willing to help you doing great work, both in Overtown and Allapattah. So, I'm very appreciative that you're here, and I'm very happy that you're doing what you're doing for our community and involving so many young people. It makes me very, very happy when I see young people get involved in the process and get involved in their community and help them move it forward. And that's -- I think that we should do everything we can to encourage, and sometimes that requires some funding and some help along the way. So -- and my office is open to you, whatever you guys need and whatever funding we can be helpful with, it's there. Mr. Bynum: Okay, thank you. Commissioner Diaz de la Portilla: Congratulations, good presentation. Mr. Bynum: Thank you very much. Chair King: Thank you. Applause. Chair King: Does that conclude the pre -- Ms. Delcorto: Allapattah 's next. Chair King: Allapattah next, okay. Commissioner Diaz de la Portilla: Next time Allapattah comes first, right, Madam Chairwoman? No? Well, you are the chair so -- Chair King: It doesn 't matter. Melanie Ramirez: Yeah, sorry, my mind is all over the place. Good morning. Chair King: Good morning. Ms. Ramirez: Hi, everyone. Hold on, let me get my speechie-speech at my phone. Yeah. Oh, sorry. There we go. Nope, that's my camera. Vice Chair Carollo: You're the one that asked for the money, right? Ms. Ramirez: Hmm? City of Miami Page 21 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: You're the one that asked for the money, right? Ms. Ramirez: No, no. But if you would like to donate. Chair King: The answer to that is yes. The answer to that is -- Commissioner Covo: She already did. Chair King: It's always yes. Commissioner Diaz de la Portilla: Commissioner Carollo, we need to train them better, right? Ms. Ramirez: Oh, okay. Chair King: It's always yes. Ms. Ramirez: I'm not asking, but if you are suggesting and offering money, I would gladly accept. Commissioner Diaz de la Portilla: We told you three decent ways already, so. Come on. Ms. Ramirez: Okay, so I'm just going to read what I wrote down. Good morning, esteemed Chair and elected officials. I proudly represent the Allapattah Community Fellows Cohort 5 Community Engagement Project for the year. Throughout our time in the program, we've discovered that the rich -- within the rich history and culture of Allapattah, there seems to be a lack of spaces for cultural exchange. Communities like Little Haiti, Coconut Grove, Little Havana all have places for cultural exchange and creative expression. Eighty percent of our residents are Latino, and we believe in the mission of giving those residents the opportunity to celebrate and reconnect with their roots. The 305 Exchange was created to encourage local artists to be more involved in their communities, aid residents to reconnect with the power of creativity, and unite the 305 with cultural heritage and pride. To kickstart our initiative, we are hosting our first event at Juan Pablo Duarte Park on June loth in honor of Caribbean Heritage Month. So, please join us in the celebration of cultural diversity and the power of the drum, and we ask for your support by reporting our flyer. And in the possibility of collaboration on a future events and projects, we would love to hear from you. Thank you. Chair King: Thank you. Commissioner Covo: You 're welcome. Commissioner Diaz de la Portilla: Thank you. Applause. Chair King: Does that conclude the presentations? Now, if the two young people could come up here so we can take a picture with you, that was very awesome work that you've done. Ms. Ramirez: Would it be all right if all the fellows come up for the picture? Commissioner Diaz de la Portilla: Everybody. Chair King: Yes, everyone, come on up. City of Miami Page 22 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Ms. Ramirez: We have a few. We have a few. Thanks, everyone. Chair King: Thank you, guys. (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: Thank you. Commissioner Diaz de la Portilla: Congratulations. END OF PERSONAL APPEARANCE City of Miami Page 23 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 CA.1 13868 Department of Fire - Rescue CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUPPORT A REQUEST BY THE DEPARTMENT OF FIRE -RESCUE ("FIRE") TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") TO UTILIZE AN ALLOTMENT OF FEMA GRANT FUNDS IN THE AMOUNT OF $29,400.00, FROM THE SPECIAL REVENUE PROJECT TITLED "URBAN AREA SECURITY INITIATIVE (`UASI') GRANT PROGRAM FISCAL YEAR 2021", ESTABLISHED BY RESOLUTION NO. R-22-0078, ADOPTED FEBRUARY 24, 2022, FOR THE PURCHASE OF TWO (2) NEW UNMANNED AERIAL VEHICLES ("DRONES") PRODUCED BYA MANUFACTURER APPROVED BY THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES AS PROVIDED IN SECTION 934.50, FLORIDA STATUTES, TO BE UTILIZED BY FIRE TO INCREASE SITUATIONAL AWARENESS CAPABILITIES AT VARIOUS EMERGENCY INCIDENTS INCLUDING ACTS OF TERRORISM OR NATURAL DISASTERS; FURTHER AUTHORIZING FIRE TO UTILIZE UASI GRANT FUNDING RECEIVED IN SUBSEQUENT FISCAL YEARS TO PURCHASE ADDITIONAL DRONES IN THE FUTURE, ON AN AS NEEDED BASIS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURCHASE OF SAID DRONES. ENACTMENT NUMBER: R-23-0235 This matter was ADOPTED WITH MODIFICATION(S)on the Consent Agenda. Note for the Record: For additional minutes referencing Item Number CA.1, please see "Order of the Day." Chair King: At this time, we are going to continue with our agenda. May I have a motion to pass CA.1, 2, 3, and 4? Vice Chair Carollo: It's a motion. Commissioner Diaz de la Portilla: I'll move it. Commissioner Covo: Second. City of Miami Page 24 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Diaz de la Portilla: I'll second. Vice Chair Carollo: With the exception of -- I'd like to make an amendment on CA.1. Chair King: Okay. Vice Chair Carollo: They're asking for the approval of two drones in the amount of $29,400 from the Special Revenue Fund. But a little further down, it says, further authorizing Fire to utilize UASAI [sic] grant funding received in subsequent years to purchase additional drones in the future on as -is -needed basis. That should come up again before us so we know what kind of drones we 're getting, what type of monies are being spent. While I believe that our fire and safety and law enforcement agencies should have drones, I also believe that it should be transparent so that the public knows, for us up here to analyze and make the decision if they're fruly needed. I just don 't want someone to have carte blank rights to get drones, and you know, they have a toy that they could go to your house, his house, her house, my house, and have that doubt out there. So, I think we need to do things in this new world that we live in, in a transparent way. I will vote to approve these two drones for the amount that's here, but not give you a carte blank so that you could buy whatever toys you want into the future. That needs to come back here, and the public needs to know, and we have to have full transparency. Eloy Garcia: Yes, good morning, Commissioner and Commission. Deputy Fire Chief Eloy Garcia. Actually, what we're approving here today, Commissioner, is the ability for our governing body to allow us to begin the procurement process to purchase these from an approved vendor list that is provided to us from the Florida Department of Management Services because the drones that we presently have have certain parts that were manufactured in certain areas that were not in the approved vendor list prior to that. So, what we 're approving is allowing you -- for us to go ahead and begin the procurement process. Vice Chair Carollo: Let's not talk in code here, Eloy. Mr. Garcia: Yes, sir. Vice Chair Carollo: What parts, what areas? Are you talking Chinese? Mr. Garcia: Yes, sir. Vice Chair Carollo: Okay, so let's put it right out. Mr. Garcia: Yes, sir. Vice Chair Carollo: It's Chinese, and we have a major problem with China. Mr. Garcia: Yes, sir. Vice Chair Carollo: World War III started, and we don 't know it yet. But they're out. They're not our friends. Mr. Garcia: Correct. Vice Chair Carollo: They're out to own us. Mr. Garcia: Correct. City of Miami Page 25 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: And I understand that. But you've explained one part, but you haven't touched on the other part that's here, that if we approve it in the way that it is, you could buy any drones that you want into the future without ever having to come back here, explain to this body what it's all about, and for the public to know, and for there to be full transparency with what we're doing. Mr. Garcia: Okay. Vice Chair Carollo: Am I right in what I'm reading here, or --? Chair King: Mr. City Manager. Nzeribe Ihekwaba: Commissioner, good morning. Zery Ihekwaba. The Administration is okay, in favor of your friendly amendment of CA.1. In the future, we 'll come back with any item that requires additional procurements. Vice Chair Carollo: Okay. So, we will take out the further authorization for future years and approve it just with what the request is here now. Mr. Garcia: Understood. Vice Chair Carollo: Thank you. Mr. Garcia: Thank you. Chair King: Okay. Do my colleagues accept that friendly amendment? Commissioner Diaz de la Portilla: Yes. Chair King: Okay. Commissioner Covo: Yes. Chair King: So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: CA (Consent Agenda) agenda passes. City of Miami Page 26 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 CA.2 RESOLUTION 13993 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF PAULA MEDINO, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $75,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $74,900.00 ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-23-0236 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. City of Miami Page 27 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 CA.3 RESOLUTION 13835 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION, FROM KEARNS CONSTRUCTION COMPANY, A FLORIDA PROFIT CORPORATION ("KEARNS"), FOR THE CITY OF MIAMI (CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI"), IN THE FORM OF SIX HUNDRED (600) CUBIC YARDS OF RIP RAP CONSTRUCTION MATERIAL ("CONSTRUCTION MATERIAL"), AS WELL AS ALL COSTS ASSOCIATED WITH THE TRANSPORTATION OF THE SAME, FOR AN APPROXIMATE TOTAL VALUE OF ONE HUNDRED FOURTEEN THOUSAND DOLLARS ($114,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A DONATION LETTER OF ACCEPTANCE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; ALSO FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0237 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see Item Number CA.1. City of Miami Page 28 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 CA.4 13976 Department of Procurement RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCESSING OF THE MIAMI DADE COUNTY ("MDC") REQUEST TO QUALIFY ("RTQ") CONTRACT NO. RTQ-00251 FOR PLAYGROUND INSTALLATION AND INFRASTRUCTURE, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH AN OPEN POOL OF VARIOUS PRE - QUALIFIED VENDORS, WHICH WAS COMPETITIVELY SOLICITED AND IS EFFECTIVE THROUGH JULY 31, 2024, SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY MDC; ALLOCATING GENERAL FUNDS AND SUCH OTHER SOURCES OF FUNDS FROM VARIOUS DEPARTMENTS, 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 CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0238 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see Item Number CA.1. END OF CONSENT AGENDA City of Miami Page 29 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PH - PUBLIC HEARINGS PH.1 RESOLUTION 13798 MAY BE DEFERRED Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Housing and ATTACHMENT(S), APPROVING A CHANGE IN THE PROPOSED Community PROJECT, ON THE CITY OF MIAMI OWNED PARCEL OF LAND Development LOCATED AT 6016 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, ALSO KNOWN AS THE CARVER THEATER ("PARCEL"), FROM DEVELOPMENT OF HOUSING TO A PUBLIC PARK; AUTHORIZING THE CITY MANAGER TO SUBMIT A SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2022 ACTION PLAN AND FISCAL YEAR 2019-2023 CONSOLIDATED PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"); AUTHORIZING THE ALLOCATION OF AN ADDITIONAL ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) IN COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM INCOME FUNDS TO THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO APPROVE THE CHANGE IN THE PROPOSED PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PH.1, please see "Order of the Day." City of Miami Page 30 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PH.2 RESOLUTION 13834 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE PURSUANT TO SECTION 18-85 (A) AND 18-176 (B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), ALSO PURSUANT TO 18-176 (B) AND 18-176 (C) OF THE CITY CODE, AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND LUTHERAN SERVICES FLORIDA, INC. A FLORIDA NOT -FOR -PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF PROPERTY LOCATED AT 2810, 2910, & 2916 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA ("PROPERTY"), COMMENCING ON THE EFFECTIVE DATE, FOR USE AS A 24/7 EMERGENCY RESIDENTIAL SHELTER FOR RUNAWAYS AND FOR CRISIS COUNSELING, FOR A MONTH -TO -MONTH TERM, FURTHER AUTHORIZING A REDUCTION IN PAYMENT TO THE CITY, PROVIDING FOR AN ANNUAL USE FEE ("ANNUAL USE FEE") OF ONE HUNDRED DOLLARS ($100.00); PROVIDING FOR LICENSEE'S PAYMENT OF ANY ANNUAL STATE OF FLORIDA ("STATE") FEES IMPOSED FOR THE USE OF THE STATE-OWNED UPLAND PARCELS; PROVIDING FOR THE TERMINATION OF THE EXISTING REVOCABLE LICENSE AGREEMENT UPON EXECUTION OF THIS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0239 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: For additional minutes referencing Item Number PH.2, please see "Public Comment for all Item(s)." Chair King: May I have a motion for PH.2? Commissioner Diaz de la Portilla: I'll move PH.2. Chair King: PH 4? PH.2 and PH. 4. Commissioner Diaz de la Portilla: I move PH (Public Hearing) -- Vice Chair Carollo: Second. City of Miami Page 31 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Diaz de la Portilla: -- 2 and 4. Chair King: All in fa -- Commissioner Diaz de la Portilla: Okay. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: PH items pass. City of Miami Page 32 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PH.3 RESOLUTION 13923 Department of Real Estate and Asset Management 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 A' 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 OI 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 ENDIN( 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: Item PH.3 was deferred to the July 13, 2023, City Commission Meeting. City of Miami Page 33 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PH.3 RESOLUTION 13923 Department of Real Estate and Asset Management 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. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 34 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PH.3 RESOLUTION 13923 Department of Real Estate and Asset Management 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PH.3 was deferred to the June 12, 2023, Special City Commission Meeting. City of Miami Page 35 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Note for the Record: For additional minutes referencing Item Number PH.3, please see "Order of the Day." Todd B. Hannon (City Clerk): Chair? Chair King: Yes. Mr. Hannon: So, currently, PH.3, which was the Hyatt item, has been deferred to July 13th. So, I don't know if you'd like to reconsider PH.3 and then now defer it to June 12th for the special meeting? Commissioner Diaz de la Portilla: Or we can just withdraw that one instead of reconsidering it, correct? We already passed a resolution to have a special meeting for that. We can just withdraw that item. Commissioner Reyes: That's right. Mr. Hannon: I believe it will require -- Victoria Mendez (City Attorney): It's so that we set it to a meeting. Commissioner Diaz de la Portilla: Okay, so I move to reconsider. Commissioner Reyes: I second. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: And now ifyou would like -- Commissioner Diaz de la Portilla: I move to defer it indefinitely. Mr. Hannon: No, if you want to defer the Hyatt item to the June 12th special City Commission meeting. Commissioner Diaz de la Portilla: Alright, okay. Chair King: Yes. Commissioner Diaz de la Portilla: So, I defer the Hyatt HRC [sic] item to June 12th at2p.m. Chair King: I have a second? Commissioner Diaz de la Portilla: To the special meeting. Chair King: Do I have a second? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 36 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Chair King: The motion carries. Commissioner Diaz de la Portilla: Smart man not to leave yet, right? Chair King: Okay. PH.4 RESOLUTION 13981 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTER A DULY NOTICED PUBLIC HEARING, AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTION(S) NECESSARY TO EXPEDITIOUSLY REQUEST THE MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS ("DTPW') CONSIDER THE PROPOSED TRAFFIC FLOW MODIFICATIONS AND WAIVE THE REQUIRED RESIDENT CONCURRENCE AND EXEMPT THE BALLOTING PROCESS IN ORDER TO EXPEDITIOUSLY PROCEED WITH THE DESIGN AND CONSTRUCTION OF TRAFFIC CALMING DEVICES AT TWENTY-THREE (23) LOCATIONS IN THE RESIDENTIAL NEIGHBORHOODS OF CITY OF MIAMI DISTRICT 4, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; DIRECTING THE CITY CLERK TO SEND A CERTIFIED COPY OF THE THIS RESOLUTION TO THE DTPW DIRECTOR. ENACTMENT NUMBER: R-23-0240 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PH.4, please see Item Number PH.2. END OF PUBLIC HEARINGS City of Miami Page 37 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 RE - RESOLUTIONS RE.1 RESOLUTION 13819 Department of General Services Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, CONFIRMING, RATIFYING, AND APPROVING THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), FOR SELECTION OF FLORIDA LEMARK CORPORATION, A FLORIDA PROFIT CORPORATION ("FLORIDA LEMARK"), FOR THE REPLACEMENT OF THE BARRIER CABLE GUARDRAIL SYSTEM AT THE CITY'S MIAMI RIVERSIDE CENTER ("MRC") PARKING GARAGE, FOR AN APPROXIMATE TOTAL AMOUNT OF EIGHTY TWO THOUSAND NINE HUNDRED EIGHTEEN DOLLARS ($82,918.00); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS OR MODIFICATIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0241 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Chair King: We are now on our RE (Resolution) items. May I have a motion? Vice Chair Carollo: Move. Commissioner Covo: Second. Chair King: Okay, let me read it for the record. For RE.1, 2, 5, 6, 8, 9, 10, 11, 12, 13, and 14. City of Miami Page 38 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: Yeah, I do have a question, briefly, if the Administration could explain it to me. Chair King: Wait, Todd -- Todd, what is it? Victoria Mendez (City Attorney): I believe RE.6 was going to be modified or -- Commissioner Diaz de la Portilla: RE.6. Ms. Mendez: -- pulled for now. Commissioner Diaz de la Portilla: Well, Madam Chairwoman, RE.6 is the Omni CRA (Community Redevelopment Agency) extension, so we have to leave that one out. Chair King: Okay. Commissioner Diaz de la Portilla: Because we 're going to have a CRA meeting after we break. Chair King: Oh, okay. Commissioner Diaz de la Portilla: And then I'm going to have a pocket item I'm going to introduce. We have an almost negotiated local agreement with the County, so we want to pass that too. Chair King: First. Commissioner Diaz de la Portilla: And we want to pass -- Chair King: And then come back to it. Commissioner Diaz de la Portilla: And we come back to it, correct. Chair King: Okay. And Todd, you wanted to say something? Mr. Hannon: Commissioner Reyes would like to be here for the discussion on RE.2, RE.5, and RE.6. Vice Chair Carollo: That's fine. Commissioner Diaz de la Portilla: RE.6 is going to be deferred to the next meeting, okay, so we don 't have a discussion on that today because it 's going to be deferred, RE.6. Chair King: RE.6 to the first meeting in June? Commissioner Diaz de la Portilla: Yes, ma 'am. Chair King: So, that 's 6/8. And what -- you said, Todd, for what? Mr. Hannon: Commissioner Reyes would like to be here for the discussion for RE.2 and RE.5. Chair King: RE.2 and RE.5. Okay, so may I have a motion to pass RE.1, RE -- Commissioner Diaz de la Portilla: 4. City of Miami Page 39 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Chair King: 4 -- no, that's -- Commissioner Covo: No, RE.4 was deferred. Commissioner Diaz de la Portilla: Deferred, I'm sorry. Chair King: That's -- okay, so RE.1, RE.8, 9, 10, 11, 12, 13, and 14. Commissioner Diaz de la Portilla: Everything except RE.8. Chair King: Everything except RE.2 and -- RE.2 and RE.5 and RE.6. Vice Chair Carollo: And RE.4 is deferred too, right? Chair King: Yes. Vice Chair Carollo: Okay, alright. Ms. Mendez: And RE -- Commissioner Diaz de la Portilla: And -- I'm sorry, the city -- the police captain position, I want to get clari -- was RE.8. I want to get clarification from the police department. Chair King: Okay. Commissioner Diaz de la Portilla: Because I had the union come talk to me and speak to me about it, so I want to make sure that they're on the same page with the elimination of the captain 's position. Chair King: Do we have a representative here from the Police Department? Can we get a representative here from the Police Department? Mr. Ihekwaba: Madam Chair? Commissioner Diaz de la Portilla: And from the police union also, please. He's right there. Mr. Ihekwaba: May I suggest we table that item -- Commissioner Diaz de la Portilla: Okay. Mr. Ihekwaba: -- and handle the rest -- Commissioner Diaz de la Portilla: Yes. Mr. Ihekwaba: -- while we wait for them. Commissioner Diaz de la Portilla: So, we can table it, but not defer it, just table it -- Chair King: Okay. Commissioner Diaz de la Portilla: -- and we come back -- get back to it. Vice Chair Carollo: Okay. The -- Commissioner Diaz de la Portilla: I know. City of Miami Page 40 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: -- RE. 10, is that on? Chair King: Yes. Commissioner Diaz de la Portilla: They're here. Vice Chair Carollo: I do have a question on RE. 10. Chair King: Okay, let's take up -- Commissioner Diaz de la Portilla: RE.8. Chair King: -- RE.8. Commissioner Diaz de la Portilla: Yeah. Chair King: I see -- Manuel Morales: Good morning, Manny Morales, Chief of Police. Chair King: Good morning, Chief. There's a question about this item, RE.8. Commissioner Diaz de la Portilla: Have you had an opportunity to speak to the representative or the president of the police union? Mr. Morales: I've had. Commissioner Diaz de la Portilla: And? Mr. Morales: So, it's always a best -case scenario to maintain the position. The reason that we asked to reallocate or reclassy the vacant budgeted captain position into the lieutenant 's spot was in order to maintain our current budget and to comply with civil service rules as one member who was on military leave returned, was able to take the lieutenant's test, has now scored high enough that he is required to be promoted as of June of2022. Commissioner Diaz de la Portilla: So, he passed the exam basically and he -- Mr. Morales: And scored high enough -- Commissioner Diaz de la Portilla: -- and scored high enough -- Mr. Morales: -- to have merited to be promoted. Commissioner Diaz de la Portilla: So, why not just add one position instead? I'm always reluctant to eliminate police positions, and that's what you're doing. Or why don't you just add -- why don 't you ask us for more money to keep the captain's position intact and add that additional position, which would cost, I was told, about $130, 000. But you have to ask us. We don 't just give money. I just told a young man earlier today, you have to ask. If you ask, maybe the Commission will be inclined to do so. Mr. Morales: Absolutely. Commissioner Diaz de la Portilla: I'm just reluctant to vote against -- you know, vote for abolishing a police position -- City of Miami Page 41 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Mr. Morales: Correct. Commissioner Diaz de la Portilla: -- especially the way things are these days. Mr. Morales: And it would have been the shifting, so from a captain to a lieutenant, which kind of serves another role, but absolutely, if it is the will at the discretion of the Commission to grant the additional budget spot, I would absolutely be -- Commissioner Diaz de la Portilla: I would like to do that. Mr. Morales: -- in favor of that. Vice Chair Carollo: IfI may, Chair? Chair King: Yes. Vice Chair Carollo: Look, I am one that doesn't like to be throwing more money that we do not have allocated in a budget. When we need to make those changes is midway through the year -- Commissioner Diaz de la Portilla: Sure. Vice Chair Carollo: -- when we have a readjustment of the budget. We're talking about $130,000. You know, you talk about $130,000 here, $40,000 here, $50,000 there, and before you know it, it really adds up to real money at the end of the year -- fiscal year. Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: So, the good thing here is that I don 't know the names in these positions, so I'm looking at them blank. To me, right now, it sounds okay that we 're shifting for a captain 's position to a lieutenant 's, we have a savings. Now, does that mean that we really don't need another captain or not? I don't know. So, I would rather deal with adding money to the police or to any other department or area when we do a budget amendment sometime, you know, during the year instead of just doing it one piece here, one piece there, because that's what gets you -- Commissioner Diaz de la Portilla: Right, of course. Vice Chair Carollo: -- in trouble budgetarily at the end of the year. Commissioner Diaz de la Portilla: Yeah, I know. And as you know, I've done many budgets over the years -- Vice Chair Carollo: Of course. Commissioner Diaz de la Portilla: -- as you have, and we do that here all the time. We do -- we don't always wait for a specific date to allocate additional dollars as needed. For me, something as important as a police department, when I read, you know, abolishing a position, and there was a discrepancy as to what an actual abolishment of a position, then that concerned me. So, ifyou guys are in agreement -- and I agree with you in the sense that you want to bring it back in a budget allocation meeting, a mid year budget allocation meeting. I just want to be clear that I'm not in favor of eliminating police positions. And that 's the way the item is phrased. So, if you guys can work together -- and I agree with you, 40 here, 130 there, it adds up, but we do that all the time, and maybe we shouldn't. Maybe we should set policy here City of Miami Page 42 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 that we say twice a year, or three times a year, unless it's an emergency is when we do it. Vice Chair Carollo: Well, I don 't know if we've been doing it or not but -- Commissioner Diaz de la Portilla: We have been. Vice Chair Carollo: Well, you -- Commissioner Diaz de la Portilla: We do it all the time. Vice Chair Carollo: You're going to have to show me where -- Commissioner Diaz de la Portilla: Well, you've been doing it -- Vice Chair Carollo: -- so that we don't do it again. Commissioner Diaz de la Portilla: -- for 20-something years, but I did it in Tallahassee too. But the idea will be, yes, I agree with you that you want to wait for another time to do it. I just want to make sure that the record reflects that we're not voting to abolish it. Vice Chair Carollo: Look -- Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: -- I don't mind going either way. If we really do need a captain's position with a lieutenant. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: That's not -- that's not the issue here. I just want to be able to see all the changes that we need to make and where we're going to readjust the dollars from. Commissioner Diaz de la Portilla: So, we'll wait for the appropriate time. Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: I'm fine with that, waiting for the perfect -- Mr. Morales: If I could shed perhaps a little bit of light to address the Vice Chair's point, right? So, the vacant captain's position would remain ifyou choose to do that. I will not be able to fill it because we don 't currently have a captain's list, availability list, so we would have to wait to give the test and get those results. That would probably take six months or put us into the next budget year. Commissioner Diaz de la Portilla: Okay, so that -- so, you 'd come back and ask us for the money later on. Mr. Morales: Correct. And the lieutenant spot will be filled by a sergeant, which would create an additional sergeant vacancy. However, we're currently working on the sergeant's eligibility test, so that position will not be filled. So, the difference of granting that additional position would be just the 15 percent that would be paid to that sergeant being promoted to that lieutenant spot. City of Miami Page 43 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Diaz de la Portilla: I understand. So, I'll leave it as is, and I'll include it in your -- Vice Chair Carollo: Alright. Commissioner Diaz de la Portilla: -- in the motion. Vice Chair Carollo: And I -- Chair King: And did you have a question? Vice Chair Carollo: Yeah, on 10. On 10, did we have -- in this fiscal year's budget, I seem to think that we had allocated some money for the Goombay Festival. What was that amount? Mr. Ihekwaba: I'm asking the CFO (Chief Financial Officer) to come and provide a response. Vice Chair Carollo: Yeah. I just want to make sure we're doing the same thing that - Commissioner Covo: I believe, Commissioner Carollo, that it's the standard. Vice Chair Carollo: Yeah, it might be coming from that money, so I'm just trying to clam. Ms. Mendez: Do you need a portable microphone so you can --? Larry Spring (Chief Financial Officer): No, I'm good. Thank you. What was your question, sir? Vice Chair Carollo: Larry -- Commissioner Diaz de la Portilla: Well, he could always lower -- you can always lower the microphone. It's not a problem, right? It's flexible, right? Let's bring it down a little. Mr. Spring: Boy, the jokes, the jokes. Commissioner Diaz de la Portilla: She started it. Vice Chair Carollo: On the Goombay Festival -- Mr. Spring: Yes, sir. Vice Chair Carollo: -- did we allocate funds for it in this fiscal year's budget? Mr. Spring: Yes, you did. That -- it was -- the funds sufficient to cover these waivers is already in this year's budget -- Vice Chair Carollo: Okay. Mr. Spring: -- and you did it part of the normal budget process. Vice Chair Carollo: That's what I'm trying to do. How much did we allocate? Mr. Spring: It was $55, 000. City of Miami Page 44 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: $55,000? Mr. Spring: Yes, sir. Vice Chair Carollo: And how much are we spending in police and fire and garbage? Mr. Spring: I don 't have the number. Hold on one second. Is that RE. 10? Vice Chair Carollo: Yeah. Seems like we're charging them a lot for police, fire, and solid waste. You should have some monies left over for -- Mr. Spring: Yeah, there is -- yeah, it's 54 total? There it is, yes. Police is $17,600, Fire and Rescue is $4,400, and Solid Waste is $25,300. Vice Chair Carollo: $25,000? Mr. Spring: Yeah, Solid Waste. Vice Chair Carollo: Whoa. Police -- Mr. Spring: These are estimates. Vice Chair Carollo: Yeah, yeah, but $25, 000 for solid waste. Mr. Spring: Yes, sir. Vice Chair Carollo: Commissioner Covo, if you like, call my executive director at Bayfront Park, and he might be able to give you some suggestions if it could be worked out where you could save a lot of money in solid waste and then have the additional money to be able to use for some of the other activity in the parade. Commissioner Covo: I understand, Commissioner Carollo. I appreciate it, but at this time, I do believe that it has been a standard practice, and it's really important for our Bahamian community to move forward with this event. Vice Chair Carollo: No, no, no, no. You misunderstood what I said. Commissioner Covo: For saving, I know. I understood what you said. No, of course. Vice Chair Carollo: You save money, a tremendous amount of money in solid waste. Commissioner Covo: Got it. Vice Chair Carollo: And that's all that I'm saying. Then the extra money, you could use it to better the activities in the parade that you're doing there. That's all that I'm saying. Commissioner Covo: Thank you. Vice Chair Carollo: Sure. Commissioner Diaz de la Portilla: Are we allocating additional dollars now? Vice Chair Carollo: No, we're not. Mr. Spring: No. City of Miami Page 45 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: That's what 1 was trying -- Commissioner Covo: No, he 's just saying better use. Commissioner Diaz de la Portilla: It's what? Commissioner Covo: It's the better use of the money. Commissioner Diaz de la Portilla: Oh, okay. Vice Chair Carollo: Yeah. Commissioner Covo: To save in solid waste to make sure that -- Commissioner Diaz de la Portilla: No, no, no, no, no, no. What I'm saying is that in the item itself, not what you're recommending. Vice Chair Carollo: The item itself -- Commissioner Diaz de la Portilla: It's already been approved. Commissioner Covo: I just need the item. That's what I'm trying to say. Commissioner Diaz de la Portilla: We're going to pass it, yeah. Commissioner Covo: Thank you. Vice Chair Carollo: This is -- this is what I was trying to ascertain. We had allocated the money, so it's been -- Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: -- done appropriate. Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: That's all. Commissioner Diaz de la Portilla: And I think what the Commissioner is saying is just that call someone that can help you save some money and start using it for something else. Commissioner Covo: Excellent, thank you. Commissioner Diaz de la Portilla: Everybody agrees with you that it's an important event. Chair King: Okay. Commissioner Diaz de la Portilla: So, don't worry. Commissioner Covo: Thanks. Commissioner Diaz de la Portilla: You're good. City of Miami Page 46 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 RE.2 13820 Department of Parks and Recreation Chair King: So, let's make sure we're clear. We're passing now RE.1, RE.8, 9, 10, 11, and 12 as amended, 13 and 14. All in favor? The Commission (Collectively): Aye. Chair King: Passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, CONFIRMING, RATIFYING, AND APPROVING THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"), FOR THE EMERGENCY SELECTION OF PADL LLC, A FLORIDA LIMITED LIABILITY COMPANY ("PADL"), FOR THE CONTINUED PROVISION AND OPERATION OF A CONCESSION FOR KAYAKS, PADDLE BOARDS, BICYCLE RENTALS AND TOURS AT THE VIRGINIA KEY BEACH NORTH POINT PARK, PROVIDING A TWENTY PERCENT (20%) REVENUE SHARE FOR THE CITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0242 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number RE.2, please see Item Number RE.1. Chair King: At this time, we will begin our Planning and Zoning items. Arthur Noriega (City Manager): Madam Chair, we still have RE (Resolution) items -- Chair King: No, we don't. City of Miami Page 47 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Mr. Noriega: -- that were pending, that were pulled because we were waiting on Commissioner Reyes if you recall. I think there are some items that were pulled and we 're waiting to be readdressed once he arrived. I don't think we ever got to them. Chair King: Oh, okay. Mr. Noriega: 2 and 5. Chair King: 2 and 5? (COMMENTS MADE OFF THE RECORD) Mr. Noriega: No, no, Stevie requested for us to pull them out of the bulk approval until you got here so that you could -- Chair King: RE.2 -- Mr. Noriega: RE.2 and 5. Chair King: -- RE.5. Commissioner Diaz de la Portilla: The Bayfront Park fountain and the VKBNPP (Virginia Key Beach North Point Park) concession. Chair King: And RE.6? Todd B. Hannon (City Clerk): Yes, they're (INAUDIBLE). Chair King: Okay. Commissioner Reyes: You see, in the fountain, I agree. Chair King: Wait, which one are you on now? Commissioner Diaz de la Portilla: RE.5. Commissioner Reyes: RE.5, yes. Chair King: You don 't want to take RE.2? You don't want to go in order? It's RE.2, RE.5, RE.6. Commissioner Diaz de la Portilla: No, it's RE.2 and RE.5. Commissioner Reyes: Okay, in RE.2, I want a friendly amendment that it will be only Chair King: Oh, we finished 6 (INAUDIBLE). Commissioner Reyes: -- for one year while we are -- the concession -- I mean, the permit will be only for one year while we are preparing the RFP (Request for Proposals). Instead of open-ended, you know, give them a timeframe for that concession. Chair King: I agree with you. Commissioner Diaz de la Portilla: I agree too. I'll move it. City of Miami Page 48 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Chair King: Second. Chair Russell: Yes. Commissioner Diaz de la Portilla: As amended. Vice Chair Carollo: We 're giving this for -- the amendment for one year? Chair King: Correct. Vice Chair Carollo: Is it going out for bid? Commissioner Reyes: It's going to be developed. Commissioner Diaz de la Portilla: They're developing an RFP. Mr. Noriega: We had issued an RFP and the respondents were deemed unresponsive, so we're reissuing the RFP. Commissioner Diaz de la Portilla: Right, a new RFP. Vice Chair Carollo: So, shouldn't it make more sense -- Commissioner Diaz de la Portilla: Six months. Vice Chair Carollo: -- that we select this firm until a new firm is chosen for the RFP? Mr. Noriega: That 's what we 're doing. Commissioner Diaz de la Portilla: That's what we 're doing. Mr. Noriega: We're doing -- Commissioner Reyes: That's what we 're doing. Mr. Noriega: -- we 're extending them -- Commissioner Reyes: That 's what we 're doing. Mr. Noriega: -- to operate it until the new RFP is resolved. Mr. Noriega: Until the new one comes out -- Commissioner Reyes: Until the RFP -- Mr. Noriega: -- unless you want to give them six months. Commissioner Reyes: Maximum a year. Chair King: Maximum a year. Commissioner Reyes: Maximum a year. Commissioner Diaz de la Portilla: Maximum a year. But that they come -- Vice Chair Carollo: Well, but the problem is, if for any reason something goes wrong, we don't want to be in the same hole. City of Miami Page 49 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Reyes: No, we just extend it. Chair King: No. Commissioner Reyes: That's what it is. Commissioner Diaz de la Portilla: We can extend it for another year if we want to. Commissioner Reyes: Now we can extend it for as many times as we want. That's why -- Chair King: If in a year we haven't gotten any further, we can revisit it. Commissioner Reyes: Yes. Chair King: But this gives us -- gives them a year. Commissioner Reyes: That's right, butt want a time frame on it. Vice Chair Carollo: Well, that's why we could -- Commissioner Reyes: Yes. Vice Chair Carollo: -- do it that way. Commissioner Reyes: Of course. Chair King: Okay, so do I have a mo --? Vice Chair Carollo: By the way, Madam City Attorney -- Madam City Attorney, on the little issue of the previous corporation that had a concession, did they ever -- Commissioner Diaz de la Portilla: Great. Vice Chair Carollo: -- provide us with any of the financials they we're supposed to? Ms. Mendez: We're in litigation. We 're in litigation with them. We have nothing from them. Vice Chair Carollo: Okay. Ms. Mendez: So, we're in litigation. Vice Chair Carollo: Well -- Commissioner Diaz de la Portilla: But in our briefing, we're aware that they owe us some money, right? Ms. Mendez: Yes. Commissioner Diaz de la Portilla: And how much do they owe us? Ms. Mendez: It -- supposedly -- Vice Chair Carollo: It's really hard to tell until you get the financials. City of Miami Page 50 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Ms. Mendez: Supposedly, supposedly a hundred and forty thousand. Chair King: That was six months ago. Commissioner Diaz de la Portilla: Right, so what do they owe us now? Chair King: It should be -- Vice Chair Carollo: But how can you really tell if you don't have the financials? Commissioner Diaz de la Portilla: Yeah. Ms. Mendez: Exactly, so -- but we 're -- Vice Chair Carollo: It could be a lot more. Ms. Mendez: We sued them. Commissioner Diaz de la Portilla: I think it's more. Ms. Mendez: We sued them for -- Vice Chair Carollo: Okay. Ms. Mendez: -- for what they owe us, and in discovery, we will have -- and then here's Mr. Spring to save the day. Commissioner Reyes: That is taken care (UNINTELLIGIBLE). Larry Spring: I'm not here to save the day. Larry Spring, Chief Financial Officer. Based on our initial calculation, they owed us around 150 -- $149, 000. However, they've not provided us with the financial records that we need to do our calculation of the gross revenues percentage to -- Vice Chair Carollo: Yeah. Mr. Spring: -- clam what our final number is so -- Vice Chair Carollo: So, it could be a lot higher. Mr. Spring: -- so it may be more money, yes. Chair King: You would get that in discovery, though, correct? Mr. Spring: I'll get that in discovery. Chair King: Get that in discovery. Vice Chair Carollo: Also, I hope that everyone took note of when we had discussions here before, that there was another non-profit company, I believe -- Mr. Spring: Yes. Vice Chair Carollo: -- that was created there -- Mr. Spring: Yes. City of Miami Page 51 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: -- that was apparently monies from there were being put into that other company. Mr. Spring: Yes, I'm aware of that corporation, yes, sir. Vice Chair Carollo: Okay, and anything else that might be out there. Alright, thank you. Chair King: So, we have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries, as amended. RE.3 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: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: Item RE.3 was deferred to the June 8, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.3, please see "Order of the day" and "Public Comment for all Item(s)." City of Miami Page 52 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 RE.4 RESOLUTION 13849 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TEN (10) WEEK TEMPORARY EVENT LIMITATION PER YEAR FOR THE PUBLIC PROPERTY LOCATED AT 1000 MACARTHUR CAUSEWAY, MIAMI, FLORIDA PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMITS/TEMPORARY EVENTS IN GENERAL", TO ALLOW FOR RESERVE PADEL MIAMI EVENTS TO BE HELD FROM JULY 21, 2023 THROUGH DECEMBER 31, 2023. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: Item RE.4 was deferred to the June 8, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.4, please see "Order of the Day." City of Miami Page 53 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 RE.5 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. ENACTMENT NUMBER: R-23-0243 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number RE. 5, please see Item Number RE.1. Commissioner Reyes: And Madam Chair. Chair King: Yes? Commissioner Reyes: My question about RE.5, and I am totally in favor of final1v doing something to that fountain. But what I would like to have is some information, what are we going to do, you see, because whatl don't want us to fix -- try to fix and City of Miami Page 54 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 make it the same way that it is now that it was so expensive to run that that's why we couldn 't run it. Vice Chair Carollo: No, that's not fully correct, even though you're correct that it was expensive. Commissioner Reyes: That it was expensive, I bet you anything. Vice Chair Carollo: Yeah, but I could handle the expensive of -- cost in running it. But the truth is -- and we had two firms that went through it to be sure -- you can 't put it back together. Commissioner Reyes: Okay, that's what I want to hear. Vice Chair Carollo: It can 't be put back together. Commissioner Reyes: What are you going to do? Vice Chair Carollo: You're going to have to have a new one. Commissioner Reyes: Okay. Vice Chair Carollo: It has to be above, not below. Commissioner Reyes: You mean all the mechanism have to be -- Vice Chair Carollo: It's going to have to be above. That fountain that you see there is huge. Commissioner Reyes: Everything is -- I know. Vice Chair Carollo: You should see how huge the bottom is. Commissioner Reyes: Yes, I know. Vice Chair Carollo: And one of the gifts that were left behind was that someone -- I don't know who at the time -- was there, decided that they were going to put an air balloon over it. The air balloon needed concrete so it could land and stabilize it. So, when you go there, you see all these pillars that make it look like a bunker, that was for the air balloon. And the air balloon came and went. They never took out those pillars. And one of the things we were told was that, beyond everything else, if we would bring the hammers to knock them off, it could cave in inside. So, we are going through two firms that are advising us, one that we pay some dollars to that is a world-renowned firm, and the other one came to us through the Mayor's Office. I met with them. They seemed to be a very modern, up-to-date firm. I think they're from Ecuador. They showed us some drawings of the work they've done, which is extremely exciting. And we 're waiting for them to come back with different proposals. Commissioner Reyes: Okay. Vice Chair Carollo: So, that's where we're at. And I assure all of you that the only thing that I would approve to go there is a world -class fountain that is going to be something when people see it, they'll say whoa, and that it's going to be included in everything that people talk about Miami from then on. Commissioner Reyes: Just out of curiosity, (INAUDIBLE) world class like Bellagio? City of Miami Page 55 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: I'll leave that to your discretion. Commissioner Covo: I have a comment on that. Chair King: Commissioner Covo. Commissioner Reyes: No, I just wanted to know, because I want to have an idea. I'm dying to see that fountain running. Vice Chair Carollo: Well, it's not -- Commissioner Covo: So, Commissioner Reyes and Commissioner Carollo, I'm also dying to see that fountain because I did my mobile office in downtown. We had a constituent that came. She's a scientist. She said, you know, this is a health hazard if we don't fix it ASAP. It gets full of water, full of mosquitoes. Children are playing there. And I got the best explanation from the park trust. They told me that we have two models, just like you said. I was just wondering, and I am all for it, but I would like to know for when can I expect at least to see it. It's also in my district. I want to see both models. I want also to see it elevated. But I think that we cannot keep pushing it back. It has to happen. It has to -- Chair Russell: Yes. Commissioner Covo: -- be world -class, but let's also take into consideration that people are extremely concerned about having water inside a fountain and we're getting into the rainy season. Vice Chair Carollo: Well, so that you could understand what is being done there, we put pumps in there to take any water out. We're not into the rainy season yet; it's just starting now this week. So, we'll have pumps there pumping all that water out. So, whoever came to you is a little bit ahead of time. Commissioner Covo: And your director explained it that day, to be fair. He explained the pump situation as well. Vice Chair Carollo: Yeah. Commissioner Covo: I was just wondering how we can speed this process up and see the renderings and -- Vice Chair Carollo: Commissioner, I assure you that I want to see it done even quicker than you do because since I got there -- Commissioner Covo: (UNINTELLIGIBLE). Vice Chair Carollo: -- I've been pushing on that. The Mayor wants it done quickly, too. Commissioner Reyes: You got support. Vice Chair Carollo: I think we're all in agreement on that. Commissioner Reyes: We're all in agreement. I move it. Vice Chair Carollo: Hopefully -- Chair King: Make a motion. Commissioner Reyes moves it. City of Miami Page 56 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: Yeah. Commissioner Reyes: I move it. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Commissioner Reyes: But you haven 't told me about the world -class (UNINTELLIGIBLE). Vice Chair Carollo: Well -- Chair King: So, now -- Vice Chair Carollo: -- have you seen those beautiful movies of Rome? Commissioner Diaz de la Portilla: Oh, God, here we go. Commissioner Reyes: Here we go. Vice Chair Carollo: Beautiful Rome, the Fountain of Trevi. Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: The Fountain of Trevi? Vice Chair Carollo: The Fountain of Trevi. Commissioner Reyes: Oh, I've been there. Vice Chair Carollo: Well, it's not going to be like the Fountain of Trevi. Commissioner Reyes: Oh, okay, okay. Commissioner Diaz de la Portilla: No, no, no. Chair King: Okay. Commissioner Diaz de la Portilla: You throw quarters into it. Vice Chair Carollo: It's not going to be like the Fountain of Trevi. Commissioner Reyes: Okay. Chair King: Madam -- Vice Chair Carollo: First of all -- Commissioner Diaz de la Portilla: Hold on, but did you see --? City of Miami Page 57 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: -- you will be able to walk through that whole area and no one's going to pickpocket your wallet. Commissioner Diaz de la Portilla: Exactly, exactly. And you don't have to throw no money into the thing. Vice Chair Carollo: Secondly of all, you will be able to set back as far as you want, with the exception towards the bay, that ifyou go too, too far, you go into the water. Commissioner Diaz de la Portilla: And not fall down, yeah. Vice Chair Carollo: And you're not going to hit any building in 15, 20 feet down. Chair King: Okay. Madam City Attorney -- Commissioner Diaz de la Portilla: Did you notice --? I'm sorry, Madam Chairwoman. Do you notice how quickly our newest Commissioner is learning? You take the money -- Chair King: Lightning speed. Commissioner Diaz de la Portilla: You take the money, and then we decide the rest. Commissioner Covo: I'm a fast learner. Commissioner Diaz de la Portilla: Yes, you are. Commissioner Reyes: Okay, that takes care of that. Did we vote yet? Chair King: Wait, hold on a second. Hold on a second. Vice Chair Carollo: But let me say -- and I'll leave you in suspense -- that's going to be the huge, big fountain, the biggest one in the state that you're going to see. But there's a second fountain that's coming to Ferre Park. So, Commissioner, when we get a little closer, I'll show you some renderings, see what you think. Commissioner Reyes: Okey-dokey. City of Miami Page 58 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 RE.6 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: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item RE.6 was deferred to the June 8, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number RE.6, please see Item Number RE.1. Chair King: Commissioner Alex Diaz de la Portilla, do we still need to address RE. 6? We did your pocket item. I don't think so, right? Commissioner Diaz de la Portilla: No, no, we're going -- no, there's a motion to defer that. We never approved it, so I move to defer RE.6 -- Chair King: Do I have a --? Commissioner Reyes: Second. Commissioner Diaz de la Portilla: -- until the next Commission meeting, which is -- Chair King: Okay. Commissioner Diaz de la Portilla: -- June 8th. Chair King: Second. I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 59 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 RE.7 RESOLUTION 13902 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING NORTHWEST 16 STREET BETWEEN NORTHWEST 2ND AVENUE AND NORTHWEST 3RD AVENUE, MIAMI, FLORIDA AS "DR. IRA P. DAVIS STREET" PURSUANT TO SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-23-0220 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: For additional minutes referencing Item Number RE.7, please see "Public Comments for all Item(s)." Commissioner Diaz de la Portilla: You ready? Chair King: Wait, wait, one second. One second. Can I ask of my colleagues if we can take out of order the co -designation for Dr. Ira P. Davis because the representative is here, and she has to go to a doctor 's appointment. So, if we could take a vote on that really quickly. Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: What is that? Chair King: It is RE.7, the co -designation of Dr. Ira P. Davis. Vice Chair Carollo: Yes. Commissioner Diaz de la Portilla: We'11 get to you in a minute. Chair King: One second, because I don't want to rush you. Commissioner Diaz de la Portilla: Yeah. Chair King: Can you come forward? Commissioner Diaz de la Portilla: Just sit down, and yeah, we'11 come back to it in about a minute. Chair King: So, ifI may have a motion. Vice Chair Carollo: Move. Commissioner Diaz de la Portilla: I'll move it. City of Miami Page 60 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: Move. Chair King: Motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Congratulations. We have approved your item, and we will be co -sponsoring the street in Overtown in honor of Dr. Ira P. Davis. Thank you. Applause. Unidentified Speaker: You don't need us to say anything, right? Chair King: I'm sorry, what 'd you say? Unidentified Speaker: You don't need us to say anything? Chair King: No, no, that's it. It's done. Thank you. Rick Holton: I know you don't need us to say anything but -- Chair King: Oh, I -- if you'd like -- Mr. Holton: -- on behalf -- on behalf -- Chair King: -- if you'd like to -- Mr. Holton: -- of the entire Coconut Grove community -- Unidentified Speaker: And Overtown. Mr. Holton: -- and Overtown, we want to thank you. We want to thank you for what you just did, not from the head, but you did it from the heart. And it represents old police officers, new police officers, the future, and the present. And we want to thank you so, so, so very much. Thank you. Chair King: Thank you. It's our honor. Applause. Todd B. Hannon (City Clerk): Sir. Iral Davis Porter: I'm Iral Davis Porter. Mr. Hannon: (INAUDIBLE) state your name for the record. Chair King: You have to speak -- speak into the mic. Ms. Davis Porter: I'm Iral Davis Porter, her older sister, and I met Commissioner Covo at the Unsung Sheroes Award, where I was honored by her office and the members of the Coconut Grove Negro Women's Club. Thank you. Chair King: You're welcome. Commissioner Diaz de la Portilla: Congratulations. City of Miami Page 61 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Covo: Congratulations again. Chair King: Thank you, again. Mr. Holton: I'm sorry. For the records, I'm Dr. Rick Holton, out of Coconut Grove, 49 years of experience in law enforcement, 10 years currentiv with the City of Miami 's Police Department. Thank you. Chair King: Thank you. Thank you so much. RE.8 RESOLUTION 14008 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO APPROVE THE CITY OF MIAMI ("CITY") POLICE DEPARTMENT'S ("MPD") JUSTIFICATION TO ABOLISH ONE (1) POLICE CAPTAIN POSITION TO CREATE AND FILL ONE (1) POLICE LIEUTENANT POSITION EFFECTIVE JUNE 25, 2022, IN COMPLIANCE WITH SECTION 295.09, FLORIDA STATUTES, AND PURSUANT TO RESOLUTION NO. R- 21-0402 ADOPTED SEPTEMBER 23, 2021 TOGETHER WITH RESOLUTION NO. R-21-0408 ADOPTED OCTOBER 1, 2021; AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE FISCAL YEAR 2022-2023 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY, LEGALLY ALLOWED, AND APPLICABLE IN ORDER TO AUDIT AND CREATE SAID POSITIONS FOR THE DEPARTMENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0244 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.8, please see Item Number RE.1. City of Miami Page 62 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 RE.9 13863 Office of the City Clerk RE.10 14010 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS FOR THE AFFIDAVIT PROCESS CONDUCTED PURSUANT TO RESOLUTION NO. R-23- 0157 DURING THE PERIOD OF APRIL 14, 2023 THROUGH MAY 5, 2023 FOR THE RE-ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT. ENACTMENT NUMBER: R-23-0245 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.9, please see Item Number RE.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), SPONSORING AND WAIVING THE CITY OF MIAMI POLICE DEPARTMENT, FIRE -RESCUE DEPARTMENT, AND SOLID WASTE DEPARTMENT COSTS REQUIRED PURSUANT TO CHAPTER 19/SECTION 19-9 OF THE CODE OF THE CITY OF MIAMI OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FIRE PROTECTION/SPECIAL OFF -DUTY FIRE - RESCUE SERVICES," AND OF CHAPTER 54/ARTICLE I OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/SPECIAL EVENTS," FOR THE GOOMBAY FESTIVAL TO BE HELD ON JUNE 10 AND 11, 2023 ALONG GRAND AVENUE BETWEEN DOUGLAS ROAD AND HIBISCUS STREET IN THE COCONUT GROVE NEIGHBORHOOD OF MIAMI, FLORIDA. ENACTMENT NUMBER: R-23-0246 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.10, please see "Order of the day" and RE.1. City of Miami i Page 63 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 RE.11 14021 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REALLOCATING FUNDS, IN THE TOTAL AMOUNT OF AND _/100 DOLLARS ($ ) ("FUNDS") FROM PROJECT NO. 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 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-23-0247 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.11, please see Item Number RE.1. City of Miami Page 64 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 RE.12 14022 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT WITH RECREATIONAL DESIGN & CONSTRUCTION, INC. ("RDC"), A FLORIDA PROFIT CORPORATION, FOR ADDITIONAL SCOPE ITEMS CONCERNING SHENANDOAH PARK SWIMMING POOL RENOVATION, SOLICITED UNDER INVITATION TO BID ("ITB") NO. 20-21-001, INCREASING THE EXISTING CONTRACT VALUE BY A NOT -TO - EXCEED AMOUNT OF ($ ), THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM NINE MILLION FIVE HUNDRED TWENTY FIVE THOUSAND SIX HUNDRED DOLLARS ($9,525,600.00) TO A NOT -TO -EXCEED AMOUNT OF ($ ); ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. B-40563, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AGREEMENTS, AMENDMENTS, RENEWALS, AND EXTENSIONS SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, AND IN 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 A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0248 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.11, please see Item Number RE.1. City of Miami Page 65 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 RE.13 14023 Commissioners and Mayor RE.14 14019 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOURTH AMENDMENT TO THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND CLEAR CHANNEL OUTDOOR, LLC, IN SUBSTANTIALLY THE ATTACHED FORM. ENACTMENT NUMBER: R-23-0249 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.13, please see Item Number RE.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING RECEIPT OF THE COMPREHENSIVE REPORT FROM TOWN SQUARE NEIGHBORHOOD DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("TSNDC"), FURTHER CONCLUDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI AND TSNDC, FOR THE INTERSTATE 395 ("1-395") SIGNATURE BRIDGE UNDERDECK PROJECT LOCATED ALONG I-395/STATE ROAD 836 BETWEEN NORTHWEST 3RD AVENUE AND BISCAYNE BAY, MIAMI, FLORIDA. ENACTMENT NUMBER: R-23-0250 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number RE.14, please see Item Number RE.1. END OF RESOLUTIONS City of Miami Page 66 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second 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. ENACTMENT NUMBER: 14172 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Chair King: We are now on our second reading ordinances. Madam City Attorney, would you please read the titles for the record? Victoria Mendez (City Attorney): Yes, Madam Chair. On SR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: For SR.2, I could read the title, but we may need to table until a little later today. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Am I reading SR. 3 as well, Madam Chair? Chair King: Yes, all of them. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: So, those are the SRs (Second Readings). Chair King: Thank you. And at this time, if my colleagues don't mind, can we take a five-minute recess? I have questions on SR.1 and SR.2. City of Miami Page 67 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: Okay. Chair King: Five-minute recess? Vice Chair Carollo: Sure. Chair King: Good afternoon. Welcome back to the City of Miami Commission meeting for May 25th, 2023. We left off with SR.1 -- the SR items, second reading items. Madam City Attorney, you did read these into the record, correct? These have been read into the record Commissioner Reyes: I move them. Chair King: Do I have a motion? Commissioner Reyes: I move it. Vice Chair Carollo: Second. Chair King: Second. All in favor? The Commission (Collectively): Aye. SR.2 ORDINANCE Second 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. ENACTMENT NUMBER: 14173 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number SR.2, please see Item Number SR.1. City of Miami Page 68 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 SR.3 ORDINANCE Second Reading 13959 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION PROHIBITING SMOKING AND VAPING INCLUDING, BUT NOT LIMITED TO, TOBACCO AND CANNABIS, IN ALL OF THEIR 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, TOBACCO AND CANNABIS, IN ALL OF THEIR 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 SPREAD 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. ENACTMENT NUMBER: 14174 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number SR.3, please see "Public Comment for all Item(s)" and Item Number SR.1. END OF SECOND READING ORDINANCES City of Miami Page 69 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 13919 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 62/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND Planning ZONING/COMPREHENSIVE PLANNING," TO CREATE A NO NET LOSS POLICY; FURTHER AMENDING CHAPTER 62 OF THE CITY CODE, TITLED "PLANNING AND ZONING," CREATING A NEW 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. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: Item FR.1 was continued to the June 22, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.1, please see "Order of the Day." City of Miami Page 70 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 FR.2 ORDINANCE First Reading 13956 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS," BY CREATING ARTICLE VII, TITLED "RETAIL HEMP ESTABLISHMENTS AND SMOKE SHOPS," REGULATING ESTABLISHMENTS ENGAGED IN THE SALE AND DISTRIBUTION OF HEMP EXTRACT PRODUCTS AND PROVIDING DEFINITIONS, MINIMUM REQUIREMENTS AND STANDARDS, LABELING REQUIREMENTS FOR HEMP EXTRACT PRODUCTS, DISTRIBUTION AND SALES OF PRODUCTS TO CUSTOMERS, DISTANCE REQUIREMENTS, WINDOWS, LIGHTING, SIGNAGE, CLOSED-CIRCUIT VIDEO SURVEILLANCE SYSTEM, CAUSE FOR WARRANTS PENALTIES, AND CUMULATIVE REMEDIES; 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: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number FR.2, please see "Public Comment for all Item(s)." Chair King: Okay. Now do we have four? One, two, three, four. We do. First reading items. Madam City Attorney, would you please read the first reading items into the record? Victoria Mendez (City Attorney): And to be clear, we have FR.2 and FR.3 and FR.4 that I'm going to read, right, because FR.1 was reset? Chair King: FR.1 is deferred, yes. FR.2, FR.3, and FR. 4, correct. Ms. Mendez: Thank you, Madam Chair. FR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And FR. 4. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Move it. Vice Chair Carollo: Second. Chair King: All in favor? City of Miami Page 71 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 The Commission (Collectively): Aye. Chair King: The first reading items have passed unanimously. FR.3 ORDINANCE First Reading 14011 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/IN GENERAL," BY CREATING SECTION 38-14, TITLED "DISORDERLY CONDUCT IN PARKS PROHIBITED," TO PROHIBIT DISORDERLY CONDUCT IN CITY OF MIAMI PARKS; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number FR.3, please see "Public Comment for all Item(s)" and Item Number FR.2. FR.4 ORDINANCE First Reading 14018 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS," TO REGULATE THE SALE OF CERTAIN ITEMS BY PEDDLERS, ADDING DEFINITIONS AND REGULATIONS AND PROVIDING PENALTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number FR.4, please see Item Number FR.2. END OF FIRST READING ORDINANCES City of Miami Page 72 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 BC.1 13126 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Julie ODell Commissioner Sabina Covo (Real Estate Broker — Category 5) ENACTMENT NUMBER: R-23-0255 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: Mr. City Clerk, do we have any board appointments? Todd B. Hannon (City Clerk): Yes. BC.1, Historic and Environmental Preservation Board. Commissioner Covo will be reappointing Julie O'Dell. Commissioner Reyes: Move it. Chair King: Second. All in favor? The Commission (Collectively): Aye. Mr. Hannon: That concludes the boards and committees. Chair King: Thank you. END OF BOARDS AND COMMITTEES City of Miami Page 73 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE Second Reading 13317 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN TRANSECT ZONE - RESTRICTED TO "T5-R" URBAN CENTER TRANSECT ZONE - RESTRICTED FOR THE PROPERTY LOCATED AT APPROXIMATELY 2170 NORTHWEST FLAGLER TERRACE, MIAMI, FLORIDA, AND FROM "T6-8-O" URBAN CORE TRANSECT ZONE - OPEN TO "T6-8-L" URBAN CORE TRANSECT ZONE - LIMITED FOR THE PROPERTY LOCATED AT APPROXIMATELY 45 NORTHWEST 22 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14175 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: Okay, Victoria, skip those and read others. Victoria Mendez (City Attorney): Okay. PZ 1. The Ordinance was read by title into the public record by the City Attorney. Chair King: PZ 7. Ms. Mendez: PZ.7 -- PZ.7 is a substitution that Lakisha will read into the record. Lakisha Hull (Director, Planning): Actually, this is a substitution. We have Donny Wolfe here from the Mayor's Office. So, this was actually submitted by email a couple of days ago. So, Donny, I will turn it over to you if you would like to provide an update on the substitution. Donny Wolfe: Hi, good afternoon. Donny Wolfe, Chief of Staff to the Mayor. This substitution item simply made revisions to the current boundaries that were in the original item and also increased the distance from the T3 zones from 200 feet to 500 feet for any future developments that would be by right, considered by right. Now, because the sub -- City of Miami Page 74 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Diaz de la Portilla: Why -- Mr. Wolfe: -- because the substitute -- oh sorry, go ahead. Commissioner Diaz de la Portilla: Why are you moving it from 200 to 500 feet? Mr. Wolfe: Well, we wanted to give extra spacing from any potential -- Vice Chair Carollo: Yes. Mr. Wolfe: -- T3 zones, so as kind of if any traffic interference would ever be -- occur potentially, we just thought that that buffer would protect those T3 zones. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Yeah, I -- Chair King: Do I have a motion? Commissioner Reyes: I have a question. Chair King: Question. Commissioner Reyes: I have a question. Do you have any --? I mean, because one thing that I've been questioning -- I mean, I've been asking myself is, do you have any limit on the number of schools or the distance from one school to the other? Have you talked to the Miami -Dade County Public Schools about this? Because what I gather, these are going to be charter schools. Mr. Wolfe: Well, what the legislation does do is it has the Manager -- ensuring the Manager puts a discussion item here for six months after this legislation passes so that the body can kind of reassess and determine what's been done since the legislation passed, maybe take a temperature as to how many developments would include schools. Commissioner Reyes: Listen, when we are giving them the right to open a school, I think everybody has a right to open a school. You see, I mean, a charter, you do -- I mean, you make -- present an application with your expertise, with your financials and all of that -- and I know this because I was the one that was in charge of analyzing the financials when I was working with the Dade County Public Schools, you see. So, what I want to know is, you said by right, they can open up schools, but that school, by right, doesn't have to be certified by Miami -Dade County Public Schools? Mr. Wolfe: Correct. But it still -- the County -- but it still needs to go through the County process and be vetted that way. Commissioner Reyes: Well, that is zoning -wise. Mr. Wolfe: Yeah. Commissioner Reyes: That's because of zoning. But I'm concerned about, I mean, how are you going to -- these people are going to deal with Dade County Public Schools? They are the ones that have the right to cent the schools. If -- what I don't want is that somebody to come and, I mean, build one of those in that area and then open up a school that has no certification. City of Miami Page 75 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Mr. Wolfe: No, I understand your concern. Where the legislation stems from is the fact that in the high -density urban core right now, we do not have enough schools or seats, particularly between Pre-K through 12. We have a lot of people, even myself personally, living in that area, in the urban core, as well as a lot of residents working in that area, and they have nowhere to truly place their children for education purposes. Commissioner Reyes: I do understand that, sir. That's not my question. My question is that I don't want some kids to go to K-8 and then they try to move into a public school and won't be accepted because there 's no certification. That's what I want to know, if those are going to be -- are going to be in -- I mean, you're going to be in agreement, you're going to be in a partnership with Miami -Dade County Public School. Because I grew up in a school in my home, you see, but I had to take some tests also from -- and I had to follow the directives of the public schools. You see, and I'm afraid also that anybody can come in any building now and say, I'm going to open up a school." Chair King: Commissioner Covo. Commissioner Covo: Commissioner, I understand that this would be a question for you, that in general, statewide and countywide, no one could open a school without a certification. If that happens, then they would be punished by the law and get a fine. The reality is that, even if -- and this would be a question for the Administration and for the attorney. If at some point we have a concern and we just need to amend it to the point that we are having schools that are certified -- Commissioner Reyes: Yes. Commissioner Covo: -- just to his point, it's a reality and you just also acknowledged that. Commissioner Reyes: I understand that. Commissioner Covo: Even for, and specifically for kindergartens, there is a wait line. Commissioner Reyes: Yes. Commissioner Covo: And we just need to start opening the conversation. Chair King: If I may make a suggestion, what if we make this a pilot program and we revisit it in a year -- Commissioner Reyes: Okay. Chair King: -- to see -- Commissioner Reyes: I'll go along with that. Chair King: -- how well it's doing, do we need to tweak it, because if we make it a pilot program, we're not -- Commissioner Covo: In what area specifically, Madam Chair, you mean? Chair King: Pardon? Commissioner Covo: In an area specifically? City of Miami Page 76 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Chair King: No, no, no. Make this -- Commissioner Covo: Make this one, okay. Chair King: -- a pilot program -- Commissioner Covo: Okay. Chair King: -- for a year -- Commissioner Reyes: That's right. Chair King: -- and then we'll revisit it in a year to see if it is doing exactly what we had hoped it would do. If not, we can tweak it and then we can make it permanent legislation. Mr. Wolfe: So, with the substitution, I actually try to do -- go one step further. Since the pilot program per code is one year long, we proffered that in six months this body revisit it with a discussion item. Take a look, determine if there's any unintended consequences, how many plans for schools would be open, and then this body could decide from there on out. Chair King: Okay, so -- Ms. Mendez: As long as everyone understands that if any schools opened under this, they would become legal nonconforming. It's not like if we could close them down if it didn't work. Chair King: Correct. Commissioner Reyes: Well, I mean -- Commissioner Covo: I'm sorry. Commissioner Reyes: -- how you can close it down then? Ms. Mendez: I'm just stating the obvious that -- Commissioner Reyes: That is a problem. That's misleading because then you open it Ms. Mendez: You cannot. Commissioner Reyes: -- but how I'm going to close it down. Ms. Mendez: That's what I'm saying. You cannot. It would become legal -- Commissioner Reyes: You cannot close it. Ms. Mendez: -- non -conforming. Chair King: Well, that's -- if the school comes to a place where it needs to be closed down, they probably have other issues that we would be able to address. Commissioner Diaz de la Portilla: That's true too. Commissioner Reyes: I agree with -- City of Miami Page 77 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Covo: I agree. Chair King: So -- Commissioner Reyes: I have done even charter schools -- Chair King: Yes. Commissioner Reyes: -- that they have been non -compliant. I mean, they have done - Chair King: Yes. Commissioner Reyes: -- horribly academically. They haven 't been able to close. And I can name you a couple of them because I used to pay them also. I was the one that used to pay them. And they were horrible. I mean, their academics were completely, completely at -- I mean, all Fs. And they couldn 't be closed. Commissioner Covo: But we 've seen charter schools that were closed for a lot of reasons. And the charter -- Commissioner Reyes: Yes, some of them, but some of them they're not. Commissioner Covo: The charter school situation was extremely controversial. It took a lot of funding from our taxpayers, so I need that. If we can, as a whole, make things better, we 're going to make life easier, because the reality is that there's no schools. Commissioner Reyes: I do understand that, ma'am. I mean, you keep -- Chair King: But that's -- Commissioner Reyes: -- repeating that. I know that we need, particularly in downtown Miami, we need a lot of schools, you see, that is the most. And whatever all those big developments that have happened, that have taken place, we need schools there. We don 't -- not only Pre-K Commissioner Covo: Especially in the core. Commissioner Reyes: We need a high school over there, too, you see. What I would love to see them be established, but I want them to be established following the laws and directives of the school system. That's the only thing that I want, okay. Chair King: At this time, we have PZ.1 and PZ.7 in play. Do I have a motion? Ms. Mendez: PZ.7, I have to read the title. An Ordinance of the Miami City Commission -- Chair King: You did. Ms. Mendez: No, no, I didn 't. It was them describing the substitutions and all that. I didn 't get to read the title. Chair King: Okay, please. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 78 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Ms. Mendez: As amended. Chair King: Did you include the pilot program? Commissioner Reyes: The pilot program, yes. Chair King: You did? Ms. Mendez: As amended. Chair King: Okay, do I have a motion? Commissioner Diaz de la Portilla: I'll move it. I'll second it. Chair King: As amended. Second? Commissioner Reyes: I move it, as amended. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: PZ.1 and PZ. 7 passes. City of Miami Page 79 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.2 ORDINANCE First Reading 12858 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 "LOW DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3424 AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND 3719 THOMAS AVENUE ("ASSEMBLAGE A"); FROM "SINGLE FAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3475, 3479 AND 3481 HIBISCUS STREET, 3475 AND 3435 WILLIAM AVENUE; 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 (ASSEMBLAGE B"); AND FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3135, 3145, 3153, 3163, AND 3173 MUNDY STREET, AND 3645 AND 3633 DAY AVENUE ("ASSEMBLAGE C") MIAMI, FLORIDA, (COLLECTIVELY, "THE ASSEMBLAGE") MORE PARTICULARLY DESCRIBED IN "COMPOSITE EXHIBIT A", ATTACHED AND INCORPORATED; 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: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number PZ.2, please see "Public Comment for all Item(s). " Chair King: Okay. So, here we go. PZ (Planning and Zoning) items. Commissioner Diaz de la Portilla: Only bad things happen when the Commission is in session. And you shouldn't leave yet, by the way. (COMMENTS MADE OFF THE RECORD) Chair King: Victoria? Victoria Mendez (City Attorney): So, I just wanted to clarify, on PZ.2 and 3, that -- those assemblages are right now like three assemblages, and I can turn it over to you, but believe, Assemblages B and C were already adopted in other items, so I have to clarify all that. City of Miami Page 80 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Covo: So, I have some -- so I have clarifications, Madam Chair, for those assemblages to pull some of the addresses, include some of them. And also, I would like to direct the City Manager to sponsor a rezoning application for other properties which were part of the previous affordable housing initiative. So, technically, I am reorganizing the assemblages for now. Lakisha Hull (Director, Planning): So, for the record, the assemblages that's going to be removed from PZ.2 and PZ.3 were already adopted by City Commission. So, the Commissioner is going to go ahead and remove those for the record, and then she 's going to request additional properties to get added. Ms. Mendez: Right. Commissioner Covo: So, let me know when. Chair King: Today or at some other period. Ms. Mendez: Right, at some other -- Chair King: So, PZ.2 and 3 have been deferred. Commissioner Covo: No, I mean, we don't need to -- Chair King: No? Commissioner Covo: We don't need -- Ms. Hull: No, we just need to modem the parcels as part -- the folios as part of those two items. Chair King: Okay, Victoria, just read the titles that are in play and then tell us what is going to be amended so we can pass it as amended. But let's get the titles in the record. Ms. Mendez: The problem is I needed to clarify what we 're doing because we potentially are not reading -- we're potentially not hearing PZ -- Commissioner Diaz de la Portilla: But you've clarified it already. Just read the titles for the record so we can vote on it. Ms. Mendez: If I may. Commissioner Diaz de la Portilla: Okay, no, you may, of course, but -- Ms. Mendez: PZ.2 and 3, arguably, if we're adding items to them today, they cannot be heard today, so that's what we need to clarify. Chair King: Right, so what's the cleanest way to do it? What's the --? Ms. Mendez: Right. Chair King: Should we --? That's why I asked if we should defer it. Is that the cleanest --? Ms. Mendez: That's what 1 think should happen. City of Miami Page 81 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Chair King: Well, if that's the cleanest way, if that's what Legal is advising, we defer these items until you can add and the public can make comments on it because it's happening right here and we don 't have -- Ms. Mendez: Right. Chair King: So, we 'll defer PZ.2 and -- Ms. Hull: So, Madam Chair, for the record, if we can clam, I believe the additions would be for new applications, right, Commissioner? It wouldn't be with these applications. Commissioner Covo: Just give me just one second. Ms. Hull: Okay. [Later...] Chair King: There is an issue. We need to go back and officially defer PZ.2, 3. Commissioner Covo: Madam Chair, I think I figured it out and I want to make a proposal on PZ. 2 and 3. Commissioner Diaz de la Portilla: Okay. Commissioner Covo: So, technically, because we had already heard two of these items, and this is a zoning change that would actually expedite this, I would want to remove Assemblage A, defer it to the July 27th Commission meeting, and go forward with Assemblage B and C, which is Christ Episcopal Affordable Housing Opportunity and Casa Valentina. Chair King: Right, right. Commissioner Covo: Those two. And then, because of the way Casa Valentina -- Commissioner Diaz de la Portilla: There's a scramble over there. Commissioner Covo: It was scrambled since before. Okay, we'll do that later, okay. Commissioner Diaz de la Portilla: You can do it later. Commissioner Covo: No, no, so what I just said -- no, it 's Assemblage A, right? (COMMENTS MADE OFF THE RECORD) Ms. Hull: Yeah, so Assemblage A has not been heard or considered by Commission yet. Assemblage B and C has already been adopted by Commission. Commissioner Covo: Okay. Ms. Hull: Yes. Commissioner Covo: Okay, so it's the other way around. Ms. Hull: Exactly. Commissioner Covo: Okay. So, it 's Casa Valentina and Christ Episcopal. City of Miami Page 82 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Ms. Hull: So, we just need to read onto the record the Assemblage B and C parcels to be removed because they have been noticed in this legislation. Chair King: So, are we going to move forward with PZ.2 and 3? Commissioner Covo: As amended. Commissioner Diaz de la Portilla: Yes. Ms. Hull: Would you like me to read into --? Okay. So, for PZ.2, we're requesting to remove addresses 3452, 3440, 3430, and 3460 Thomas Avenue and 3456 Elizabeth Street, also known as Assemblage B. And we're also asking to remove 3135, 3145, 3153, 3163, and 3173 Mundy Street and 3645 and 3633 Day Avenue, known as Assemblage C. That's for PZ.2. PZ.3 is the same addresses. Do I have to read those in as well? (COMMENTS MADE OFF THE RECORD) Ms. Hull: Okay, understood. Ms. Mendez: We may need a moment so that I can scratch out and reread, so ifyou'll give us a moment. Commissioner Covo: But it's correct because I have the addresses here. Ms. Hull: Yeah, but are they in order? Ms. Mendez: Alright. Thank you, Madam Chair, for giving me the moment. And then for PZ.3, basically what I'm going to read into the record is only up to Assemblage A. Everything after Assemblage A in the title will be crossed out. So, just -- that's so that what you know is being changed, okay. So, PZ.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That is PZ.2, as amended. Then we have PZ.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And the rest of the title is stricken, and we get to making findings, containing a severability clause, and providing for an effective date, as amended. That's PZ.3. Chair King: Do I have a motion for PZ.2 and 3? Commissioner Diaz de la Portilla: I'll second it. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 83 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.3 12859 Commissioners and Mayor - PZ ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM: "T3- 0" SUB -URBAN 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 3424 AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND 3719 THOMAS AVENUE; MAINTAINING THE ZONING CLASSIFICATION OF "T3-O" SUB -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 3735 WASHINGTON AVENUE, AND MAINTAINING THE ZONING CLASSIFICATION OF "T5-O" URBAN CENTER ZONE— OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3710 GRAND AVENUE ("ASSEMBLAGE A"); CHANGING THE ZONING CLASSIFICATION OF "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 AND 3435 WILLIAM AVENUE, 3452, 3440, 3430, AND 3460 THOMAS AVENUE, AND 3454 AND 3456 ELIZABETH STREET, AND CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -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 ("ASSEMBLAGE B"); AND CHANGING THE ZONING CLASSIFICATION FROM "T3-O" SUB -URBAN 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 3135, 3145, 3153, 3163, AND 3173 MUNDY STREET AND 3645 AND 3633 DAY AVENUE ("ASSEMBLAGE C"), MIAMI, FLORIDA, (COLLECTIVELY THE "ASSEMBLAGE") MORE PARTICULARLY DESCRIBED IN "COMPOSITE EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 84 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.4 12860 Commissioners and Mayor - PZ MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.3, please see "Public Comment for all Item(s)" and Item Number PZ.2. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING APPENDIX A, SECTION A.2, TITLED "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICTS 2 (NCD-2)", TO MODIFY THE EXISTING MIXED USE CULTURAL DISTRICT BOUNDARY, CREATE NEW USES DEFINITIONS, INTRODUCE DEVELOPMENT AND PARKING FLEXIBILITIES, AND CREATE NEW REGULATIONS AND DEVELOPMENT GUIDELINES FOR AFFORDABLE HOUSING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: Item PZ.4 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day" and "Public Comment for all Item(s)." City of Miami Page 85 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.5 ORDINANCE First Reading 13726 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 1250 NORTHWEST 22 AVENUE MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: Item PZ.5 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day" and "Public Comment for all Item(s)." City of Miami Page 86 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.6 ORDINANCE First Reading 13728 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-L" URBAN CENTER TRANSECT ZONE - LIMITED, TO "T6-8-L" URBAN CORE TRANSECT ZONE -LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 1250 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: Item PZ.6 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.6, please see "Order of the Day" and "Public Comment for all Item(s)." PZ.7 ORDINANCE First Reading 13775 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") SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES", AND ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO ALLOW EDUCATIONAL USES BY RIGHT IN T6 TRANSECT ZONE IN CERTAIN CIRCUMSTANCES; 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: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.7, please see Item Number PZ.1. City of Miami Page 87 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.8 12288 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF 6925 BISCAYNE, LLC, REVERSING / AFFIRMING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-017 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 6901 BISCAYNE BOULEVARD, 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: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: Item PZ.8 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.8, please see "Order of the Day." City of Miami Page 88 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.9 12290 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF BILL'S NURSERY, INC., REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-019 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 172 WEST FLAGLER 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: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: Item PZ.9 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.9, please see "Order of the Day." City of Miami Page 89 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.10 12289 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ. REVERSING /AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R- 22-018 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 2222 NORTHWEST 5 AVENUE, MIAMI, FLORIDA, 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: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: Item PZ.10 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.10, please see "Order of the Day." City of Miami Page 90 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 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: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: Item PZ.11 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.11, please see "Order of the Day." Commissioner Covo: Madam Chair, I just have one final question on the PZ (Planning and Zoning) items before we're done. PZ.11, 12, and 17, those were not heard. We're not hearing them today. Can we set a date because I've seen that there were people waiting, maybe for June 8th? Lakisha Hull (Director, Planning): So, PZ.17 is set for July 27th, the second meeting. Commissioner Covo: Could we make it a little earlier maybe? Because I've seen people that have been like waiting or -- you know. Chair King: For which -- for which one? Commissioner Covo: It will be 11, 12, and 17, just to set a date. They were deferred for when? Ms. Hull: I believe they're all set for July 27th. That's what I -- Commissioner Covo: July 27th? Ms. Hull: Yes, ma'am. Commissioner Covo: Do we all agree on that? I was just wondering, I didn't know. City of Miami Page 91 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Chair King: That was the date that was set for them. (COMMENTS MADE OFF THE RECORD) Chair King: Are you asking for another date to be set? Commissioner Covo: I was asking if we could all agree on doing it earlier. (COMMENTS MADE OFF THE RECORD) Commissioner Covo: Well, I saw that it has a sensitive issue with people that are sick and that wanted to be heard on it. Chair King: So, which items are you asking for? Commissioner Covo: It will be 11, 12, and 17. Commissioner Reyes: (INAUDIBLE). Victoria Mendez (City Attorney): Those are the maryuana -- some of the marijuana - Commissioner Covo: Some of the medical marijuana, Commissioner Reyes. Commissioner Reyes: Madam Chair, have we developed the parameters for those? Chair King: Are you --? Commissioner Reyes: Because all of them that I've seen there, they're selling everything, even gummies laced with maryuana and all of that. Have we set the parameters yet? Commissioner Covo: And I agree, even the facades need to be better served, I think but -- Chair King: I'd be willing to move PZ.11 and 12 to June 8th? Commissioner Reyes: Okay. Chair King: To the June 8th meeting? Commissioner Diaz de la Portilla: No, no, hold on a second. Hold on a second. We had this conversation already. These are medical marijuana dispensaries. I have no problem with perhaps moving forward, even as early as next week, for you to set an agenda item in place that it 's heard on June 8th, or if you want to do a particular dispensary on June 8th. The conversation that was had earlier was that I think the City of Miami should have a comprehensive policy on medical marOuana dispensaries. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: If we fall into the trap of picking -- cherry picking and picking winners and losers and say, "Well, we'll pass these two, we'll pass that one over there, and two weeks, we'll pass another one," I think it's a mistake. The City of Miami -- City of Miami Page 92 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Covo: How long would that take, Commissioner De La Portilla? Commissioner Diaz de la Portilla: I haven't finished. Commissioner Covo: Okay. Commissioner Diaz de la Portilla: The City of Miami has to set a specific policy because medical marijuana dispensaries are a serious economic venture for our city. It has to be -- there could be a proliferation of these places. I understand the political pressures, but what we need to do as a body, I think, is to allow us time to develop a comprehensive policy for the entire city and everybody falls into it, whoever everybody is. The reason why I made the motion to make it July 27th was because I thought that would give us enough time. If we do it earlier and we have a policy and we can work faster to get a policy earlier than that, maybe it's the first week of July, maybe it is July 8th, I don 't know. But to move it for particular applications -- Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: It's cherry picking. It's picking and choosing, picking winners and picking losers. I think it's a mistake. Commissioner Reyes: That is a mistake. I agree with you. Commissioner Diaz de la Portilla: It's a matter of public policy. Commissioner Covo: I agree, Commissioner De La Portilla, but I just want to make - - emphasize that in this situation, all that I've seen has nothing to do with political pressure. I'm just asking and I would like to request the City to let us know how much time, and if you feel -- and if we all feel as a body that it's July 28th, that's great. I just had a question of concern because this is not the first time that I'm seeing the issue that I've been experiencing it before as a reporter, now as a Commissioner. I just want to make sure that the people that are needing it because of medical reasons - - and imagine, I am a mother, as you know, and I don't want children getting a hold of any of this. I don 't want this to become out of control. We already went at some point in our lives to be a city that we were broken because of drugs. I am not in favor of anything illegal. I'm just asking about medical specifically. And if we all think that it's July 28th, it's July 28th. But I just want to make sure that the City can deliver that comprehensive plan. Vice Chair Carollo: Well -- Commissioner Reyes: Madam Chair -- hold on a second. Madam Chair, you see, what I ask, and I agree, we -- before we start granting it, we need a comprehensive policy. Commissioner Diaz de la Portilla: Correct. Commissioner Reyes: A policy that dictates you know who's going to go where, what it's going to be, how it's going to -- and we need -- Chair King: Okay. Commissioner Reyes: -- we need a comprehensive policy. I agree with you. Chair King: From -- what I hear my colleagues are saying is that they would like the deferrals that were for July 27th -- City of Miami Page 93 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Reyes: That 's right. Chair King: -- to remain, so we're going to keep the deferrals -- Commissioner Diaz de la Portilla: For now. Chair King: -- for now. Commissioner Reyes: For now, and I ask -- I will ask, Madam City Attorney, could you please start working as soon as you can in a comprehensive policy that what we can control, what we cannot control, what the rules that we can enact and the rules that we cannot, please. Commissioner Diaz de la Portilla: And our city manager also too. Commissioner Reyes: And the City Manager. Commissioner Diaz de la Portilla: On both sides. Commissioner Reyes: That 's right. Commissioner Diaz de la Portilla: And also -- and ask our Madam Attorney to start working -- Commissioner Reyes: That 's right. Commissioner Diaz de la Portilla: -- on a comprehensive plan for redistricting so that I can finally represent Overtown. I've been waiting. Commissioner Covo: No, we're talking about a derent thing, Mr. Diaz de la Portilla, please. Ms. Mendez: If I may. Chair King: Dream on. Commissioner Covo: You 're talking about the previous one. Chair King: Dream on, dream on. Wake up. You 're having a nightmare. Ms. Mendez: I will resend everyone -- I will resend everyone the ordinance that we -- that the Law Department took a stab at drafting -- Commissioner Diaz de la Portilla: Yes. Ms. Mendez: -- to refresh everybody's recollection. It's the one that basically distanced out all pharmacies and dispensaries, everything in the city by one mile. Commissioner Reyes: That 's right. That 's what we need. We need that. Ms. Mendez: It was a one mile one. I'll send that out to everyone, and then I'll see where we go from there. Commissioner Diaz de la Portilla: And then we can go back and forth. Chair King: Thank you. City of Miami Page 94 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Diaz de la Portilla: And by the way, one last thing, maybe we have the decision by the first week in July, and you could bring it up, and we say, hey, we're kind of almost there. We could have a debate on whatever we want to have it. I think July 27th, which is a realistic time frame for us to be able to talk about it, if we're going to go there, right, or not. Commissioner Covo: Maybe I'm a little bit more like accelerated than you, that 's why. But if we all agree on July 28th, it 's great. I haven 't seen it so -- Commissioner Diaz de la Portilla: Okay. Commissioner Covo: -- it's fine. We just need like a -- as Commissioner Reyes and you said, we need something that is equal, even if (UNINTELLIGIBLE) -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: I agree. Commissioner Reyes: Yeah, we cannot say let me allow this guy, but the other one no. Chair King: Having said that -- Commissioner Covo: I move it. Chair King: -- I'd like to thank everyone for attending the City of Miami Commission meeting May 25th, 2023. Vice Chair Carollo: Hold on, hold on, we're not done yet. Chair King: What do we have left? Vice Chair Carollo: You didn't give me a chance to -- Commissioner Diaz de la Portilla: We're moving to adjourn. Vice Chair Carollo: -- speak. Commissioner Diaz de la Portilla: That's it, we're done. Vice Chair Carollo: No, no, no, no, no. Commissioner Diaz de la Portilla: Let's go rest. Vice Chair Carollo: I need to address this issue. Chair King: Which one? Vice Chair Carollo: You -- Chair King: The one that 's deferred to July 27th? Vice Chair Carollo: I'm not going to allow you guys to put lipstick in a pig. I'm seeing throughout my district that in every block I'm getting one, two, or three of these smoke shops, marijuana stops. Commissioner Reyes: Yes. City of Miami Page 95 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: And this is my concern, that this is not going to happen all over the city. And we're going to be having people in the streets that are all going to be Cheech and Chonga [sic], and this is scary. The marOana and the strength of the marijuana that's out there today, it's not the same strength as when I played football when I was in high school. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: I've always wondered about that. What position did you play? I've always wondered. You've told me that. You've said it like seven times or ten times to me. Vice Chair Carollo: Which one would you like for me to have played? Commissioner Diaz de la Portilla: No, I'm just wondering which one you played. Vice Chair Carollo: I'll show you the picture so you won't doubt it. Commissioner Diaz de la Portilla: No, I believe you. I'm just wondering which one. Vice Chair Carollo: I played middle linebacker and I played -- Commissioner Diaz de la Portilla: That 's what lfigured. Vice Chair Carollo: -- and I played fullback. Commissioner Diaz de la Portilla: Oh, so you're both defense and offense. That explains it. That explains it. Vice Chair Carollo: I was -- I was that good. I was that good. In Chicago, they taught us since we were little to play football. Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: Now, having said that, I want to make sure that in whatever parameters we come up with, we limit the amount of these dispenser facilities that we have in the city, in what areas, that they're going to be far enough away from schools and parks, that you don't have so many in one area, and that we have a limit to it. Because I mean, either this is medical or it's recreational. And if it's medical, you don 't have a doctor in every block of the city. Commissioner Diaz de la Portilla: Well, that's really the issue, right? Vice Chair Carollo: Yeah, like you have with this. Now, here's an additional problem that I need some guidance from the City Attorney. We have seen in Bayfront Park by Bayside that you got these smoke shop trucks that are coming. They got everything. I mean, you talk about an expensive truck. You know, they come in, we try to get them out. I saw one the other day, even in my district, by McDonald's. What is our city policy with these trucks? Commissioner Reyes: We just passed -- Commissioner Covo: Isn't that part of the -- Commissioner Carollo, I think that's part of the hemp gummy that we passed -- Commissioner Reyes: No, we passed it. City of Miami Page 96 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Ms. Mendez: FR.4. Commissioner Covo: -- today, right? Ms. Mendez: FR.4. Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: Yes, we passed it. Commissioner Covo: The mobile ones are part -- Commissioner Reyes: We passed an ordinance and (INAUDIBLE). We did pass legislation today that dealt with that, you see, in first reading, right? First reading, that dealt with that, that mobile only can sell fruits and flowers and things like that. No, no, no -- Commissioner Covo: No hemp, no -- Commissioner Reyes: -- hemp products or anything else. Commissioner Covo: That was part of that. Commissioner Reyes: Okay? Vice Chair Carollo: Well, I want to be very certain that this is not going to become a free for all, Madam City Attorney. Commissioner Reyes: No. Vice Chair Carollo: And I, for one, would not like to see this in the city. This reminds me of the handicap stickers. It 's rarely, rarely that I've seen someone that parks in a handicapped that gets out that you see they 've got a problem. Most of the people that drive there and get out walk much better than I do. And they're all over the place. Commissioner Reyes: You know why, Commissioner? Because there is no enforcement. Vice Chair Carollo: Well, this is why we have to be responsible -- Commissioner Reyes: That 's right. Vice Chair Carollo: -- in what we do here. Commissioner Reyes: Yep. Vice Chair Carollo: And we just can 't let this be everywhere in the city. There has to be a limit to what we approve. Unidentified Speaker: Right. Chair King: Okay. Commissioner Reyes: If I could add -- City of Miami Page 97 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.12 12835 Office of Zoning Chair King: Guys, guys. Commissioner Reyes: This is a very, very lucrative, lucrative business. And I have doubts that the concern is about how much pain do you have. It's a lucrative business, and most of the places that I've seen in Florida and outside of Florida have become -- I mean, they're distributing all kinds of marijuana products, even the ones that you smoke. And we have to be very careful with that. Chair King: I think the City Attorney has her charge. We all understand. And thank you again for attending the City of Miami Commission meeting for May 25th, 2023. Looking forward to seeing you again in two weeks. Commissioner Reyes: Okay, see you (INAUDIBLE). Chair King: Meeting adjourned. Commissioner Reyes: Meeting adjourned. 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: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: Item PZ.12 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.12, please see "Order of the Day" and Item Number PZ.11. City of Miami Page 98 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.13 13764 Office of Zoning 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: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: Item PZ.13 was deferred to the June 8, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.13, please see "Order of the Day." PZ.14 ORDINANCE Second Reading 12838 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Commissioners OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY and Mayor AMENDING ARTICLE 7 OF THE MIAMI 21 CODE, TITLED "PROCEDURES AND NONCONFORMITIES," TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF USE IN CERTAIN LIMITED INSTANCES WHERE A PROPERTY OR BUILDING ON A PROPERTY IS SUBJECT TO PENDING CODE COMPLIANCE OR BUILDING VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14177 City of Miami Page 99 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number PZ.14, please see "Order of the Day." Chair King: Madam City Attorney. Victoria Mendez (City Attorney): PZ.14 next, Madam Chair? Chair King: PZ.14, yes --14, 15, and 16. Ms. Mendez: PZ.14. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That's PZ.14. PZ.15. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.16. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.8 -- Chair King: No, let's stop at those three. Chair King: Do I have a motion? Commissioner Diaz de la Portilla: I move it. Chair King: Second? Commissioner Diaz de la Portilla: I will. Chair King: All in favor? Todd B. Hannon (City Clerk): Chair, my understanding, PZ.14 has to be amended. I think just -- Commissioner Diaz de la Portilla: As amended. Chair King: As amended. All in favor? The Commission (Collectively): Aye. Chair King: PZ.14, 15, 16 passed unanimously. City of Miami Page 100 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.15 ORDINANCE Second Reading 13539 Commissioners and Mayor - PZ AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 7, SECTION 7.1.3.7, TITLED "NO APPROVAL AVAILABLE IF CODE ENFORCEMENT VIOLATIONS," TO PROVIDE CLARIFICATION ON THE CIRCUMSTANCES IN WHICH AN APPLICATION SHALL NOT BE SCHEDULED FOR A PUBLIC HEARING NOR ANY APPROVALS BE ISSUED BY THE CITY OF MIAMI ("CITY") IF THE PROPERTY SUBJECT TO THE HEARING OR REQUEST HAS OPEN VIOLATION(S) AND/OR OWES MONIES TO THE CITY AND TO PROVIDE CONSISTENCY WITH SECTION 2-208 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ENACTMENT NUMBER: 14178 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.15, please see "Order of the Day" and Item Number PZ.14. PZ.16 ORDINANCE Second Reading 12861 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY Planning AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," MORE SPECIFICALLY BY AMENDING SECTIONS 5.5.1 AND 5.6.1, TITLED "BUILDING DISPOSITION," TO CLARIFY THE LOCATION AND DESIGN OF CROSS -BLOCK PASSAGES AND, IN SPECIFIED CIRCUMSTANCES, ALLOW FOR ENHANCED DESIGN ELEMENTS TO BE PROVIDED IN LIEU OF A CROSS -BLOCK PASSAGE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14179 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.16, please see Item Number PZ.14. City of Miami Page 101 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.17 12834 Department of Planning PZ.18 13883 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS AN EXCEPTION PURSUANT TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") AND CHAPTER 4 - ALCOHOLIC BEVERAGES, SECTION 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TO PERMIT AN ALCOHOL SERVICE ESTABLISHMENT IN EXCESS OF 5,000 SQUARE FEET IN THE URBAN CENTRAL BUSINESS DISTRICT AND A WARRANT PURSUANT TO ARTICLE 6, SECTION 6.3.2 AND ARTICLE 7, SECTION 7.1.2.4 OF THE MIAMI 21 CODE TO PERMIT AN OUTDOOR DINING AREA AT REAL PROPERTY DESIGNATED "T6-48A-O," URBAN CORE TRANSECT ZONE - OPEN, LOCATED AT APPROXIMATELY 801 BRICKELL BAY DRIVE, UNIT 4C-L41, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: Item PZ.17 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.17, please see "Order of the Day" and Item Number PZ.11. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION PURSUANT TO ARTICLE 4, DIAGRAM 11 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW A DENSITY TRANSFER OF FIVE (5) UNITS INTO T4 TRANSECT ZONE, ALLOWED BY EXCEPTION WITH CITY COMMISSION APPROVAL, FOR TWO (2) REAL PROPERTIES DESIGNATED AS "T4-R," GENERAL URBAN ZONE - RESTRICTED, AND APPROVING THREE (3) SUBORDINATE WAIVERS FOR THE PROPERTY LOCATED AT APPROXIMATELY 3069 PLAZA STREET AND 3091 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0254 City of Miami Page 102 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: Madam City Attorney, would you go on to read PZ.18, 20, 21, 22, and 23? Victoria Mendez (City Attorney): Okay, PZ.18 is an exception, so I don't -- Chair King: You don 't have to read that one. Commissioner Diaz de la Portilla: No. Ms. Mendez: No. Chair King: Okay. Ms. Mendez: PZ.20. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That's PZ.20. PZ.21. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.22. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.23. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And -- Commissioner Diaz de la Portilla: That's it. Ms. Mendez: No, there's more. PZ.24. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.25. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.26. The Ordinance was read by title into the public record by the City Attorney. Chair King: May I have a motion for PZ (Planning and Zoning) -- Commissioner Diaz de la Portilla: I move -- I move -- City of Miami Page 103 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Chair King: -- 18 -- Commissioner Covo: Second. Chair King: -- 20 through 26? Commissioner Diaz de la Portilla: I move all read items. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PZ.19 ORDINANCE First Reading 13878 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-L," URBAN CENTER TRANSECT ZONE - LIMITED, TO "T6-8-O," URBAN CORE TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 1121, 1127, 1133, 1141, 1149, 1157, 1213, 1219, 1227, 1229, AND 1235 NORTHWEST 1 PLACE; 132, 139, AND 145 NORTHWEST 12 STREET; 140 NORTHWEST 13 ST; AND 1118, 1126, 1134, 1142, 1212, 1218, 1228, AND 1238 NORTHWEST 1 COURT, 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo ABSENT: Reyes Note for the Record: For minutes referencing Item Number PZ.19, please see "Order of the Day." City of Miami Page 104 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.20 ORDINANCE First Reading 13865 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-O," URBAN CENTER ZONE - OPEN, TO "T6-8-O," URBAN CORE ZONE - OPEN, OF THE PROPERTY LOCATED AT APPROXIMATELY 3500 AND 3526 NORTH MIAMI 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. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.20, please see Item Number PZ.18. PZ.21 ORDINANCE First Reading 13866 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 "T6-24A-O," URBAN CORE TRANSECT ZONE - OPEN, TO "T6-24B-O," URBAN CORE TRANSECT ZONE - OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1600 NORTHEAST 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. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.21, please see Item Number PZ.18. City of Miami Page 105 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.22 ORDINANCE First Reading 13897 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 "HIGH DENSITY MULTI -FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" OF THE APPROXIMATELY ±1.828 ACRES OF REAL PROPERTY GENERALLY LOCATED AT 1644, 1649, AND 1650 NORTHWEST 16TH TERRACE AND 1700 NORTHWEST 15TH STREET ROAD, MIAMI, FLORIDA, AS 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: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.22, please see Item Number PZ.18. City of Miami Page 106 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.23 ORDINANCE First Reading 13898 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 "T6-8-O" URBAN CORE TRANSECT ZONE — OPEN, TO "T6-12-0" URBAN CORE TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 1601, 1657 AND 1667 NORTHWEST 17 AVENUE MIAMI, FLORIDA, AND CHANGING THE ZONING CLASSIFICATION FROM "T6-8-R" URBAN CORE TRANSECT ZONE — RESTRICTED, TO "T6-12-0" URBAN CORE TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 1644, 1649 AND 1650 NORTHWEST 16 TERRACE AND 1700 NORTHWEST 15 STREET ROAD, 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: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.23, please see Item Number PZ.18. City of Miami Page 107 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.24 ORDINANCE First Reading 13627 Commissioners and Mayor - PZ PZ.25 13872 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"),MORE SPECIFICALLY BY AMENDING ARTICLE 1, TITLED "DEFINITIONS"; AMENDING ARTICLE 4, TABLE 6 TITLED "FRONTAGES"; AMENDING TABLE 8, TITLED "DEFINITIONS ILLUSTRATED"; AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO MODIFY SECTIONS 5.3, 5.4, 5.5, 5.6 AND 5.8; FURTHER AMENDING ARTICLE 8, TITLED "THOROUGHFARES" AND ARTICLE 9, TITLED "LANDSCAPE REQUIREMENTS," TO CLARIFY AND INTRODUCE NEW FRONTAGE -RELATED DEFINITIONS, ALLOW ARCHITECTURAL AND FRONTAGE FLEXIBILITY IN SPECIFIED CIRCUMSTANCES WITHIN T5, T6, AND CI -HD TRANSECT ZONES, UPDATE AND INTRODUCE NEW DEFINITION ILLUSTRATIONS, MODIFY MINIMUM HEIGHT REQUIREMENTS WITHIN T5 AND T6, AND ALLOWING ADDITIONAL SITE TREES PLACEMENT FLEXIBILITY; 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 Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.24, please see Item Number PZ.18. ORDINANCE First Reading 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"), MORE SPECIFICALLY BY AMENDING ARTICLE 4, DIAGRAM 11, TITLED "TRANSIT ORIENTED DEVELOPMENT - TOD," TO PROVIDE AND ALLOW FOR THE TRANSFER OF RESIDENTIAL DENSITY FROM HISTORICALLY DESIGNATED SITES TO CERTAIN PROPERTIES WITHIN TRANSIT ORIENTED DEVELOPMENT ZONES ZONED CI - HD; 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 Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.25, please see Item Number PZ.18. City of Miami Page 108 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 PZ.26 ORDINANCE First Reading 13965 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES UNDER SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP FOR "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO CLARIFY RESIDENTIAL USES WITHIN THIS FUTURE LAND USE DESIGNATION; MAKING FINDINGS; CONTAINING 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: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.26, please see Item Number PZ.18. END OF PLANNING AND ZONING ITEM(S) City of Miami i Page 109 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 NA.1 14071 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IDENTIFY FUNDING SOURCES NECESSARY TO MAKE CERTAIN DRAINAGE IMPROVEMENTS TO THE PORTION OF PAVED TRAIL LEADING TO THE BASEBALL FIELD IN MORNINGSIDE PARK; FURTHER DIRECTING THE CITY MANAGER TO REPORT HIS FINDINGS TO THE CITY COMMISSION WITHIN NINETY (90) DAYS. ENACTMENT NUMBER: R-23-0251 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number NA.1, please see "Public Comment for all Item(s)." Chair King: At this time, I'd like to take up the two pocket items. Commissioner, do you have a pocket item that you 'd like to introduce? Commissioner Diaz de la Portilla: Yes, we're waiting for our executive director, but it's basically the same issue that we passed in the CRA (Community Redevelopment Agency), the Omni CRA meeting we had earlier. So, it's just an adoption of the resolution for the expansion, extension, and interlocal agreement as is right now, so we move forward. So, I want to pass that out at the Commission as a pocket item. Chair King: Okay, Victoria, I need you -- Commissioner Diaz de la Portilla: It's the same -- it's the same issue as I explained earlier. Chair King: Okay. (COMMENTS MADE OFF THE RECORD) Chair King: Victoria, in the meantime, while we're straightening that out -- Commissioner Diaz de la Portilla: I'm sorry, I thought you had introduced it already because I came in a little -- Chair King: No, I had -- I hadn't. Commissioner Diaz de la Portilla: Okay, I'm sorry. So, what we have is our City Manager has an emergency item. That's the pocket item you're talking about. Right, so I'm sorry. I thought we were talking about the other one. Chair King: Oh, Pocket Item 2 is your item? City of Miami Page 110 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Diaz de la Portilla: Three. Chair King: Pocket Item 3. Commissioner Diaz de la Portilla: Yeah, I'm sorry. I apologize. Chair King: So, Victoria, if you could read into the record the titles of these pocket items? Victoria Mendez (City Attorney): Okay, so I believe -- I believe we only have two pocket items, so let me -- Chair King: So far, yes. M. Mendez: Right. Commissioner Diaz de la Portilla: So far. Ms. Mendez: So -- Commissioner Covo: Mine. Ms. Mendez: Okay, yours is one for sure, which is a resolution of the Miami City Commission directing the City Manager to identy fund sources -- funding sources necessary to make certain drainage improvements to the portion of paved trail leading to baseball field in Morning [sic] Park; further, directing the City Manager to report his findings to the City Commission within 90 days. That was the one that I thought was Pocket Item Number 1. Chair King: Correct. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 111 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 NA.2 14069 City Commission ORDINANCE AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY, NON-EXCLUSIVE FRANCHISE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND PIVOTAL UTILITY HOLDINGS, INC. D/B/A FLORIDA CITY GAS ("FRANCHISEE"), TO ENABLE HOUSEHOLDS TO CONTINUE RECEIVING GAS SERVICES FROM FRANCHISEE AND ALLOW THE CITY TO CONTINUE TO RECEIVE FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14176 MOTION TO: Adopt as an Emergency Measure RESULT: ADOPTED AS AN EMERGENCY MEASURE MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item NA.1 passed as an Emergency Ordinance with two roll calls. For the first roll call, a motion was made by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes, and was passed unanimously to pass NA.1 as an Emergency Ordinance. The second roll call to pass NA.1 as an Emergency Ordinance is reflected above in the vote result box located underneath the enactment number. Chair King: Pocket Item 2. Victoria Mendez (City Attorney): And Pocket Item 2 -- and both of these we addressed at the beginning when Todd mentioned them, so there was public comment opportunity. Chair King: There was public comment, yes. Ms. Mendez: Okay. Commissioner Diaz de la Portilla: Well, we have to do all this for Pocket Item 3. We have to open up for public comment. Ms. Mendez: No, no, this is your Pocket Item 2. Commissioner Diaz de la Portilla: I know, but when we get to Pocket Item 3 -- I'm just moving ahead. Ms. Mendez: Okay. Commissioner Diaz de la Portilla: Okay, we have to open up for public comment because it has not been introduced yet. Ms. Mendez: Yes. Commissioner Diaz de la Portilla: That's 3; 2 is the one that deals with TECO and the extension for a particular issue that the Manager -- City of Miami Page 112 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Ms. Mendez: Right. Commissioner Diaz de la Portilla: -- and I had spoken about. I think the Manager can better explain it than me. So, bring it up, I'm sponsoring it. Ms. Mendez: Right. It's not TECO (Tampa Electric Company); it's Florida City Gas, right? Commissioner Diaz de la Portilla: Okav, well -- it's both, so that's okay. Ms. Mendez: Okay. Commissioner Diaz de la Portilla: It 's the other one. Ms. Mendez: All right. So, this is an emergency ordinance, so I'm going to read the title, then you would vote, and then I read the title again -- Chair King: Yes. Ms. Mendez: -- and then you vote. Chair King: We got it. Ms. Mendez: So, it's a four -fifths vote. The Emergency Ordinance was read by title into the public record by the City Attorney. Chair King: Thank you. Do I have a motion? Commissioner Diaz de la Portilla: I'll move it. Arthur Noriega (City Manager): I need -- Chair King: Second? Mr. Noriega: -- I need to make one change to that item, if I can, or propose one change. In the version that was distributed, it had a termination upon three criteria, one -- any one of the three. One was execution of a very specific permit, the other was the resolution on a new franchise agreement, and the third was a date, which was September 30th. What I'd like to do is propose, instead of September 30th, a fixed 90 days, not that long. I want to shorten the timeline. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: That makes more sense. Mr. Noriega: Okay. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: So, as amend -- I'll move it as amended. Chair King: Have a second? Commissioner Reyes: So, 90 days only, right? City of Miami Page 113 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Chair King: Yes. Commissioner Diaz de la Portilla: Yes, 90 days. Commissioner Reyes: Okay, that 's fantastic. Commissioner Diaz de la Portilla: Yeah, it was too long so -- Chair King: Second? Commissioner Reyes: Second, I second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Victoria, would you --? The Emergency Ordinance was read by title into the public record by the City Attorney. Chair King: Do I have a motion? Commissioner Reyes: Let -- Commissioner Diaz de la Portilla: I move it. Commissioner Reyes: I have a question because I heard about this (INAUDIBLE). How long it was since their contract --? Mr. Noriega: Can't hear you, Commissioner. Commissioner Reyes: How long ago since their contract ended? Mr. Noriega: I want to say at least 14 years since that franchise agreement has been updated. Commissioner Reyes: Yes, and the other company, they already signed the franchise? Mr. Noriega: They did last year, I believe, yeah. Commissioner Reyes: And we are asking to open it for a whole year? Mr. Noriega: No, no, the 90 days. Commissioner Diaz de la Portilla: 90 days. Mr. Noriega: The 90 days I referenced. Commissioner Reyes: 90 days only. Commissioner Diaz de la Portilla: Yes. Mr. Noriega: 90 days only. Commissioner Diaz de la Portilla: 90 days. City of Miami Page 114 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Reyes: Now, it 's 90 days because -- Mr. Noriega: We're at the very, I'd say, tail end of finishing up the negotiations on the permanent franchise agreement. Commissioner Reyes: Yeah, we should -- Mr. Noriega: So, their -- Commissioner Reyes: -- negotiate with them. Mr. Noriega: -- TECO 1 and Florida City Gas will all be very -- almost mirror each other. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Right. Commissioner Reyes: And I know many people in TECO. Commissioner Diaz de la Portilla: And that 's why, you know, we spoke about it earlier. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: That's why, you know, leave it at 90 days, let's not take it that far and see what happens. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: It gives it another look at it later on, you know. Commissioner Reyes: That's right, give them a push, amen. Commissioner Diaz de la Portilla: Yeah, yeah, exactly, basically. Commissioner Reyes: That 's right. Chair King: All in favor? Commissioner Diaz de la Portilla: In a nice way. Todd B. Hannon (City Clerk): Chair -- Chair, who 's the seconder? Chair King: Commissioner Reyes? Commissioner Reyes: Yes. Chair King: You were the second, correct? Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Yes, yes. Chair King: All in favor? City of Miami Page 115 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 NA.3 14072 Office of the City Clerk The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Mr. Hannon: As amended. Chair King: As amended. RESOLUTION A RESOLUTION OF THE CITY COMMISSION SUPPORTING THE MAY 25, 2023 DECISION OF THE BOARD OF COMMISSIONERS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") TO NEGOTIATE AND EXECUTE THE SECOND AMENDMENT TO THE 1996 INTERLOCAL COOPERATION AGREEMENT ("2023 AMENDED ILA") BETWEEN MIAMI-DADE COUNTY, THE CITY OF MIAMI, AND OMNI CRA, TO PROVIDE FORA REDUCTION IN TAX INCREMENT FINANCE FUNDING, INCREASING THE AMOUNT OF AFFORDABLE HOUSING IN THE OMNI CRA AREA, NOT REQUIRING A COUNTY COMMISSIONER TO SIT ON THE BOARD OF THE OMNI CRA, AMOUNG OTHER THINGS, REGARDING THE EXTENSION OF LIFE OF THE OMNI CRA TO 2047 AND THE EXPANSION OF BOUNDARIES OF THE OMNI CRA TO INCLUDE AREAS WITHIN THE CITY OF MIAMI KNOWN AS ALLAPATTAH AND WATSON ISLAND, SUBJECT TO THE REQUIREMENTS OF CHAPTER 163 FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0252 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: We have now come to -- Commissioner Diaz de la Portilla: We're at Pocket Item 3. Chair King: Do they have it? Commissioner Diaz de la Portilla: They do. Victoria Mendez (City Attorney): No, I don't have Pocket Item 3 so -- Commissioner Diaz de la Portilla: Well, we spoke about it publicly in the Commission -- in the CRA (Community Redevelopment Agency) meeting. In effect, the Commission's action to move the interlocal agreement forward so that it can pass the Commission. It doesn't include the rest of it right now because we have to -- we have a 15-day notice requirement, which we 're doing for the next part of it. This is just to move the interlocal agreement forward today for the City Commission vote so that we -- I can have the conversations with the County, continue to have those conversations, and have the amount of leverage that I need to get what we need and bring back to us. City of Miami Page 116 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Reyes: Well, we -- can we make a resolution? I mean, where is the pocket item? Commissioner Diaz de la Portilla: The pocket item is a resolution. Commissioner Reyes: Yes, yes, yes, but nobody has it. I don't care. Commissioner Diaz de la Portilla: Well, it's the same thing we passed -- Commissioner Reyes: Then let's pass it. (MULTIPLE PARTIES SPEAKING IN UNISON) Ms. Mendez: So, can I -- 01 may. IfI may -- ifwe could -- no, I have nothing to read. So, I just wanted to clarify. On the agenda today, there's a CRA -- it's RE (Resolution) -- give me one second, because I just don 't want to mix things up. Commissioner Diaz de la Portilla: But he can -- our executive director can explain it. Ms. Mendez: So, RE.6. Commissioner Covo: It's RE.6. Ms. Mendez: Thank you. Commissioner Diaz de la Portilla: Hold on a second, hold on. Hold on, Vicky. We have our executive director. Explain what the interlocal agreement that you explained during the CRA meeting to make sure we 're covered, what we're doing. The Commission has already heard it. We 've already voted on it unanimously. Just give us a recap of what we voted on. That's the same thing we 're doing now. H. Bert Gonzalez (Executive Director, Omni CRA): The interlocal is at the CRA level. We wanted to bring it to the City Commission for -- Commissioner Diaz de la Portilla: Yes, we understand that part. Just tell them what it does for the record. Mr. Gonzalez: Everyone was copied on what -- we had the discussion. Commissioner Diaz de la Portilla: Yes. Mr. Gonzalez: There was a movement made to make it -- the (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: No, no, no, no, no. Explain what the interlocal agreement that we passed in the CRA does. Just read the title. Read -- just read the title. Mr. Gonzalez: It's the second amendment to the interlocal agreement between the City, Miami -Dade County, and the Omni Redevelopment Agency. It is the 2023 amendment that we 're moving on. Commissioner Diaz de la Portilla: Okay, perfect. Thank you. Chair King: At this time, I'm going to open the floor for comments on Pocket Item 3. Is there anyone here that would like to speak on Pocket Bern 3? Luimar Zibetti Garza: Is this one about the gas? City of Miami Page 117 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 NA.4 14073 City Commission Chair King: No, this isn 't about the gas. This is about the interlocal agreement between the City of Miami and Miami -Dade County. Is there anyone here that would like to speak on the pocket item, Pocket Item 3? Seeing none, public comment is closed. Victoria, are you ready? Ms. Mendez: No, but I think you sufficiently described it. Commissioner Diaz de la Portilla: Yes. Ms. Mendez: Because the -- I don 't have anything. Chair King: Okay. Do I have a motion? Second? All in favor? The Commission (Collectively): Aye. Chair King: Any opposed? There you go. Thank you. Mr. Gonzalez: Thank you, Board. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, SCHEDULING A SPECIAL CITY COMMISSION MEETING ON MONDAY, JUNE 12, 2023, AT 2:00 P.M., FOR THE PURPOSE OF CONSIDERING AND TAKING ANY AND ALL ACTIONS RELATED TO THE AMENDED AND RESTATED GROUND LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND HRM OWNER LLC FOR CITY -OWNED RIVERFRONT REAL PROPERTY LOCATED AT 298 SOUTHEAST 2ND AVENUE, 300 SOUTHEAST 2ND AVENUE, 330 SOUTHEAST 2ND AVENUE, AND 400 SOUTHEAST 2ND AVENUE, MIAMI FLORIDA, 33131 WITH TAX FOLIO IDENTIFICATION NUMBERS 01-3137-022-0010, 01-3137- 022-0030, 01-3137-022-0031, AND 01-3137-022-0020. ENACTMENT NUMBER: R-23-0253 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: Madam City Attorney, can you start reading the titles of our PZ (Planning and Zoning) items for the record, please? Commissioner Diaz de la Portilla: Before we start PZ items, there was earlier conversation, I think Commissioner Carollo brought up the possibility of a special meeting for the HRC [sic] items -- this is the Hyatt redevelopment. I know I spoke to the Clerk and to our City Manager, and that -- there 's consensus that we -- there 's a date for that particular -- that we all can be here, because it's a four -fifths vote. And that date is Monday, June 12th for a special Commission meeting to deal only with that item for now. Something can be added, but right now I think that 's the only item that deals with the Hyatt lease issue. So, it gives everybody a time to look at it. And, you know, there's some financing issues that they had expressed to me when we were on break. And the Commissioner -- Commissioner Carollo had suggested during the City of Miami Page 118 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 meeting that we do a special meeting. I think we're all in agreement we could do it that day, ifi'm correct, and -- Commissioner Covo: What day is it? Commissioner Diaz de la Portilla: In the morning, I mean, I don 't care. Commissioner Covo: June 13th? Commissioner Diaz de la Portilla: The 12th. Commissioner Covo: 12th? Commissioner Diaz de la Portilla: June 12th, June 12th. Vice Chair Carollo: Okay. Can we instead of the 12th have it either on the 13th or 14th? Commissioner Diaz de la Portilla: I said I could do 6/12, 6/13 or 6/14. Commissioner Reyes: 12 -- Vice Chair Carollo: 14 would be better. Commissioner Diaz de la Portilla: Okay. Commissioner Covo: The 12th, I have an important meeting. It would have be -- Commissioner Diaz de la Portilla: The 14th? He -- Commissioner Covo: 13th or 14th? Commissioner Diaz de la Portilla: He cannot do 14th. Commissioner Reyes: Hold on a second, 12 or 15? Unidentified Speaker: That's what we have. Vice Chair Carollo: But he'll be gone on the 15th so -- Commissioner Diaz de la Portilla: I'm gone the 15th. I have a honeymoon coming. I don 't know if you know that. Vice Chair Carollo: Can you do it on the 14th? Commissioner Diaz de la Portilla: Nobody has publicly congratulated me yet. Commissioner Covo: Congratulations. Commissioner Diaz de la Portilla: Thank you. Chair King: I didn't know if we were supposed to, if it was a secret or not. Vice Chair Carollo: I didn't hear anything. Commissioner Diaz de la Portilla: Nobody's supposed to congratulate me, okay. City of Miami Page 119 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Commissioner Covo: You never announced it. Commissioner Diaz de la Portilla: No, we kept it very quiet, but we 're going to have a big party in December. Chair King: Congratulations. Commissioner Diaz de la Portilla: Thank you. After the election, we're going to have a big party. Everybody's invited here, obviously, but we're going to wait until after the election. Chair King: Okay, what day are we talking about? Commissioner Diaz de la Portilla: Unless we run citywide, then we 're going to wait two months. Chair King: I'm not available the 14th. Commissioner Reyes: How about -- how about 12th? Commissioner Covo: What about the 13? Chair King: You so funny. You're so funny? Commissioner Reyes: Excuse me, who cannot make it on the 12th? Commissioner Diaz de la Portilla: I think -- I think I'd be a great Commissioner for Overtown. Chair King: I can make it on the 12th. Commissioner Diaz de la Portilla: I think I would be a great commissioner for Overtown, don 't you, Commissioner Carollo? Commissioner Reyes: I really hope so. You're going to be reigned in, need somebody to reign you in. Commissioner Diaz de la Portilla: I know, it gives me six months, right? Commissioner Covo: I can make it the 12th, but you need to promise, promise that I'm going to be out of here by 11, so it has to be an early one because I have an 11:30 that day. Commissioner Diaz de la Portilla: We could do it after. Commissioner Reyes: I have -- Vice Chair Carollo: We can't guarantee it. Commissioner Reyes: I have -- Commissioner Covo: I can do it after. Commissioner Diaz de la Portilla: How about if we do it after, 3 o 'clock? Commissioner Reyes: 3 o 'clock. City of Miami Page 120 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: The 13 or -- Chair King: I have meetings. Vice Chair Carollo: -- the 14th. Commissioner Diaz de la Portilla: The 15th, I'm flying out. Chair King: I'm not available the 14th. Vice Chair Carollo: The 13th or 14th. Chair King: I'm not available the 14th. Commissioner Diaz de la Portilla: The 12th in the afternoon. Vice Chair Carollo: How about the 13th? Commissioner Covo: 12th afternoon is good for me. Commissioner Reyes: 12th in the afternoon. Commissioner Diaz de la Portilla: Yeah, 3 o 'clock. Chair King: The 13th, I'm not available. It's Constituent Tuesday, and I cannot let down my constituency. They expect to see me. Commissioner Reyes: 12th -- Vice Chair Carollo: Okay, it's the 12th in the afternoon. Commissioner Reyes: 12 in the afternoon. Commissioner Diaz de la Portilla: She can't. Chair King: The 12th, I can -- Commissioner Reyes: Yes, she can. Commissioner Diaz de la Portilla: You can do 12 in the afternoon? Chair King: -- I can do -- Commissioner Covo: In the afternoon, yeah. Commissioner Diaz de la Portilla: Okay, on the 12th. Commissioner Covo: 12th? Vice Chair Carollo: What time? Commissioner Diaz de la Portilla: No, no, no. She says the 12th -- Commissioner Covo: In the afternoon. Commissioner Diaz de la Portilla: -- in the afternoon. City of Miami Page 121 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 Vice Chair Carollo: What time, though? Commissioner Diaz de la Portilla: Yeah. Commissioner Covo: After 1:30. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: 1:30, okay, 1:30. Commissioner Reyes: Okay, and that's it, that's great. Commissioner Diaz de la Portilla: 2 o'clock -- Vice Chair Carollo: 2 o'clock. Commissioner Diaz de la Portilla: -- the 12th. Commissioner Reyes: 2 o 'clock, okay, fine. Commissioner Diaz de la Portilla: Okay. (COMMENTS MADE OFF THE RECORD) Chair King: Monday. Commissioner Diaz de la Portilla: Monday, the 12th, at 2 p.m. Monday, the 12th, at 2 p.m. Monday, the 12th, at 2 p.m. Is it Constituent Monday too? Chair King: Don 't hate me because I love my constituents. Commissioner Diaz de la Portilla: I know, I know, I know, but they could be mine in six months. Chair King: Not even. Commissioner Diaz de la Portilla: Well, I don 't know. Chair King: Not a chance. Commissioner Diaz de la Portilla: I don't know. Chair King: Not a chance. Commissioner Diaz de la Portilla: I don't know. Commissioner Reyes: Nobody knows here where their constituents are. Commissioner Diaz de la Portilla: Overtown's going to love me, Commissioner, trust me. Chair King: No, they -- Commissioner Diaz de la Portilla: And Allapattah will love you. Chair King: Everyone loves me. Okay, so have we agreed? City of Miami Page 122 Printed on 07/17/2023 City Commission Meeting Minutes May 25, 2023 ADJOURNMENT Commissioner Diaz de la Portilla: 2 p.m. -- Chair King: 2 p.m -- Commissioner Diaz de la Portilla: -- June 12th. Chair King: -- Monday, June 12th, special meeting? Commissioner Diaz de la Portilla: Yes, ma 'am. Chair King: Okay. Commissioner Diaz de la Portilla: Moved. Chair King: Second. All in favor? The Commission (Collectively): Aye. The meeting adjourned at 4:55 p. m. City of Miami Page 123 Printed on 07/17/2023