The URL can be used to link to this page

Home My WebLink AboutCC 2023-07-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 13, 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 July 13, 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 13th day of July 2023, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chairwoman King at 10:34 a.m., recessed at 12:21 p.m., reconvened at 3:43 p.m., and adjourned at 5:00 p.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 11:07 a.m., and Commissioner Carollo entered the Commission chambers at 3:43 p.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: And at this time, I am honored to say that we are joined by Reverend Knowles of the Church of Incarnation who will honor us with prayer to begin our meeting. Invocation delivered. Chair King: At this time, Commissioner Reyes, will you honor us with the pledge of allegiance? Pledge of allegiance delivered. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 14129 PROTOCOL ITEM Honoree Presenter Protocol Item Miami Fire Rescue 125th Anniversary Mayor and Commissioners Proclamation Police Officer of the Month Mayor and Commissioners Commendation Reverend Dr. Nestor Gabriel Kost Mayor and Commissioners Proclamation Kenia Fallat, City of Miami Director of Communications Commissioners Birthday Celebration RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Proclamation to acknowledge the remarkable achievements and dedication of the City of Miami Department of Fire - Rescue and celebrating their 125`h Birthday. In 1898 after two years of devasting fires in Miami that ravished and wiped out the Miami business district of a mostly wooden city that had virtually no fire service except a fire hose and a hose cart, five City of Miami Page 1 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 local businessmen gathered in a Miami pool hall and formally created the , first volunteer fire department on July 17th, 1898, which marks the 125th birthday of the City of Miami Department of Fire -Rescue. Over the course of 125 years, the City of Miami Department of Fire -Rescue has seen a lot of changes and has evolved and transformed from several volunteers and horse-drawn carriages better known as Gus and Harry to now state-of-the-art fire stations, fire apparatus, and specialty teams. On December 211a 1904, volunteers met amongst themselves, drew up an official charter, and elected leadership which was a move that was later approved by the city leaders. On December 15th, 1904, the Miami Metropolis. front page declared the Miami Volunteer Fire Department had been formed. From 1940 — 1950, Miami became the first department in the country to have the ability to use two-way radios and from 1950 —1960 the Miami Fire Department became the first department in the country to give all its firefighters their own individual gas masks, the first department in the nation to put the new fog nozzles on all its apparatus, and the first in the country to have a complete two-way radio dispatch system; and in April of 1965, the Fire Department hired the. first black. fireman in the State of Florida; the City of Miami Fire Department became the first in the nation to make radio contact between doctors in hospitals and :firemen in the :field; the Miami Fire Department became the. first. fire department in the United States to successfully revive a patient in cardiac arrest in the. field; in 1978 the Hazardous Materials Team was one of the first of its kind in the country; responding to all suspicious material calls. In March 1980, the Miami Fire Department welcomed its first female firefighter. The first Hispanic American Fire Chief was appointed in 1991, and the first African American Director of the City of Miami Department of Fire -Rescue was appointed in 2009. All Hazards organization with 16 fire stations providing fire suppression, emergency medical services, marine operations, dive operations, hazardous materials operations, technical rescue operations, SWAT medic program, . fire prevention services, serves as the sponsoring agency for the Florida Task Force 2, Urban Search and Rescue Team, and most recently inaugurated their very own Miami Firefighters Health and Wellness Center providing a comprehensive precancer screening program and yearly health physicals for all Miami Firefighters. Elected Officials paused in their deliberations to pay tribute, recognize, and celebrate the 125th City of Miami Fire Department and thanking them for their dedication and commitment to the City of Miami. 2) Mayor Suarez and Commissioners recognized Reverend Dr. Nestor Gabriel Kost. The late Dr. Kost worked as a minister in his native Argentina, preaching and establishing Churches with the Gospel of Jesus Christ, settled in the City of Miami with his wife and children and founded the CELA organization (Latin American Evangelistic Center) to evangelize and help the neediest. Reverend Dr. Kost in 2004 inaugurated World Voice Radio online, influencing the gospel message around the globe and currently directs two radio stations 94.5 FM and 98.7 FM in the City of Miami. In 2012 the Reverend Dr. Kost inaugurated the chaplain training school "International Police Chaplain" training thousands of men and women for the service of others, that school was accepted as a United Nations Consulting Agency (ECCOSOC). Elected Officials paused in their deliberations to pay tribute and recognize Reverend Dr. Nestor Gabriel Kost for his noble vocation and exalted achievements and thereby proclaimed on July 13, 2023, as `Reverend Dr. Nestor Gabriel Kost day in the City ofMiami." 3) Mayor Suarez and Commissioners recognized City of Miami Police Officers Javier Mesa #42800 and Officer Claudia Socorro #43708 for "Officer of the Month" for April 2023 for their exceptional service and dedication to the community. These officers have demonstrated a cohesiveness to work effectively as a "Team" to maximize their daily productivity and work together to reduce Part I and II crimes to improve the quality of life in the Flagami neighborhood. Mayor Suarez, Commissioners, and the City of Miami Police Department thanked them for their City of Miami Page 2 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 ORDER OF THE DAY dedication and commitment to protecting the public while elevating the quality oflife for the residents of the City of Miami. 4) The Miami City Commission celebrated the birthday of Kenia Fallat, City of Miami Director of Communications, with the presentation of a cake, and together with members of the audience in Commission Chambers sang "Happy Birthday." Chair King: Good morning, everyone. Welcome to the City of Miami Commission meeting for July 13th, 2023. Apologies for our tardy start. It was not our fault this time. We had an electrical issue, but I'm glad all of you stuck around so that we can have this meeting. At this time, we are going to do some protocol items. Presentations made. Chair King: This will conclude the proclamation recognition portion of our ceremony. Chair King: At this time, we will have a statement read into the record by our City Attorney. Madam City Attorney. Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about the process, order of business, rules of procedures and scheduling or rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code, a copy of which 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 this City Code section is available at the Office of Communications -- 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 City action pursuant to City Code Section 2-8. Any documents offered by the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-330 and (g) of the City Code, the agenda and material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair but for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin at approximately 11:00 a.m. and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comments online with the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to elected officials, 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 City of Miami Page 3 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 elected officials, their staff, and the City Administration up until the Chair closes public comment. Public comment may also be provided live at City Hall located at 3500 Pan American Drive, Miami, Florida, subject to any and all rules and regulations 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 items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114(4)(c), Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note Commissioners have generally been briefed by City staff and the City Attorney's Office on items on the agenda today. Anyone wishing a verbatim record of the items 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 applicant's representatives and experts testifying on behalf of the applicant, appellant, or appellee may be physically 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 communications pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission followed by the appellee. Staff will be allowed to make any recommendation they have. Please silence all cell phones and other noise making devices at this time. This meeting can be viewed live on Miami TV, the City's Facebook page, the City's Twitter page, the City's YouTube channel. The broadcast also has closed captioning. Thank you. Chair King: Thank you, Madam City Attorney. Mr. City Clerk, would you please read your statement into the record? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi judicial items on today's City Commission agenda will be as follows: The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? I'll take that as an affirmative response. Chair King: Yes. Mr. Hannon: Thank you, Chair. And may I administer the oath for the Planning and Zoning items? Chair King: Please. City of Miami Page 4 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you, Mr. City Clerk. At this time, Mr. City Manager, do you have any items that are being withdrawn or deferred? 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. I'm going to go slow because it 's a long list. Make sure everybody gets it. CA.3, to be deferred to July 27th; PH.12, to be deferred to July 27th; PH.16, to be withdrawn; RE.1, to be deferred to September 28th; RE.2, to be withdrawn; RE.4, to be withdrawn; RE.7, to be deferred to September 27 -- or sorry, July 27th; FR.1, to be deferred to September 14th; FR.2, to be deferred to July 27th; DI.4, to be deferred to July 27th; PZ.1, to be deferred to July 27th; PZ.6, to be indefinitely deferred; PZ.7, to be indefinitely deferred; PZ.9, to be deferred to September 14th; and PZ.12, to be deferred to September 28th. There's an additional deferral request, which is PZ.8, to be deferred to September 14th. Chair King: At this time I will ask my colleagues, Commissioner Reyes, do you have any items that you would like to withdraw or defer? Commissioner Reyes: No, ma'am, I don't. Chair King: Commissioner -- Commissioner Diaz de la Portilla: I do not. Chair King: Commissioner Covo? Commissioner Covo: No. Chair King: At this time, may I have a motion? There's a pocket item that -- Commissioner Covo: I have a pocket item. Chair King: Victoria, can you read the pocket item into the record, please? Victoria Mendez (City Attorney): Yes, Madam Chair. A resolution -- this is a pocket item being presented by Commissioner Covo. A resolution of the Miami City Commission directing the City Manager to install educational signage near and around the southernmost island of the Legion Picnic Islands in collaboration with the Florida Fish and Wildlife Commission to protect the recently identified bird nesting rookery. Chair King: Thank you, Madam City Attorney. And Mr. City Clerk? Mr. Hannon: Yes, and for the record, Commissioner King would like to sponsor CA.5 and PH.11. Chair King: At this time, may I have a motion to set the agenda? City of Miami Page 5 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Commissioner Diaz de la Portilla: I'll move it. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. PUBLIC COMMENT FOR ALL ITEM(S) 14328 Office of the City Clerk DISCUSSION ITEM PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE JULY 13, 2023 CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: And at this time, I am going to open the floor for anyone who wishes to speak on public comments on any items. Anyone wishing to speak, please step to the podium. Good morning. Nicholas Jordan: Good morning. My name is Nicholas Jordan. I'm a resident at 2950 Southwest 22nd Terrace. And this is in regards to PZ.11, the rezoning of the property at 3030 Coral Way. I actually just wanted to state that while I have no problem with the further development of that property, I just wanted to ensure that it's not going to affect the traffic patterns in the neighborhood behind Coral Way. Again, I'm on 22nd Terrace, so that's the street right behind Coral Way, and as long as the developer does not use 22nd Terrace as an access or entry point, then I have no issues with that development. That 's all. Thank you. Carlos Paucar: Hello, my name is Carlos Paucar. I live at 2950 -- sorry, 2962 Southwest 22nd Terrace. We, the neighbors, agree on the zoning change as long as the applicant promises that it will not use the property for access onto 22nd Terrace. An entrance on Coral Way is preferred. If that cannot be arranged, then 31st Avenue entrance/exit is an option as long as work is done on the roadway to widen it since it currently can barely fit two cars next to each other. If the exit on 31stAvenue -- if the exit is going to be on 31st Avenue, then we would prefer or request a right turn only exit to avoid directing the traffic towards 22nd Terrace. And it gets pretty busy with the restaurant traffic and deliveries for the adjacent shops, so an exit from the building with a right turn only is preferred. Commissioner Reyes: Madam Chair -- Mr. Paucar: Thank you. Commissioner Reyes: -- can I clam? Those are the conditions that I placed when they came to talk to me and that's why I'm -- Mr. Paucar: Yeah, I'd like to -- Commissioner Reyes: -- supporting it. Mr. Pauar: -- also say that Melissa has been very helpful. City of Miami Page 6 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Commissioner Reyes: Yes, I want to -- I'm glad you're stressing it because without those covenants, I mean, I will vote against it, but those covenants that they have been already promised. Mr. Paucar: Yeah, thank you for supporting us. We were also involved in the Britto school -- Commissioner Reyes: Yes, I remember. Mr. Paucar: -- negotiations, so we're just very concerned with 22nd Terrace. Thank you. Chair King: Good morning. Elvis Cruz: Good morning, Commissioner, Elvis Cruz. PH.12 and PZ.1 are a request to renew a nine -year -old covenant on two vacant lots on Biscayne Boulevard next to Morningside. They are an excellent example of what is wrong with Miami 's planning and zoning. This property includes a 2014 upzoning of a parcel of land in the Morningside Historic District. Chair King: I'm sorry. Elvis, did you say PH.12? Mr. Cruz: PH.12 and PZ.1, yes, ma'am. Chair King: It's been deferred. Mr. Cruz: I understand that -- Chair King: Okay. Mr. Cruz: -- but I would like to speak on the record. So, the covenant clearly states the building would be built in two years, and if not, the parcel would revert to single- family T3-R. The building was never built, so the reversion should have happened seven years ago. But the City has not enforced the covenant, has not enforced the required reversion to single-family T3-R. I am now formally asking you to do so. Will the City enforce the Covenant's reverter clause or will this be another example of the City of Miami shamefully favoring developers over single-family residential neighborhoods? Commissioner Covo, your staff attended the MCA (Morningside Civic Association) board meeting two days ago and they clearly heard the board vote against this covenant renewal. Not only did this property get an upzoning, not only has the City not enforced the reverter to single-family zoning, they also used some trickery to get setback waivers on 55th Street and 55th Terrace. They got permission to build a bridge over 55th Street, and now they want to have commercial rooftop party venues operating until midnight next door to single-family homes. Despite all that you are being asked to not enforce the reverter clause and to approve and extend these awful covenants, I urge you to not approve this covenant renewal. If despite all I've said, you're still considering renewing the covenants, please amend them so that the 2014 upzoning is reverted to T3-R, which should have happened seven years ago, the properties comply with the 10 foot setbacks required under Miami 21 on all streets, the properties will not be allowed to ever vacate, close, or take ownership of any portion of the existing public right-of-way of 55th Street or 55th Terrace. And you have my handout with the two other items. Chair King: Thank you. Mr. Cruz: Thank you. City of Miami Page 7 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Chair King: Thank you. Good morning. Ayana Albertini-Fleurant: Good morning, Miami City Commission. My name is Ayanna Albertini-Fleurant. I am a proponent of Discussion Item 2, the proposed amendment to amend the youth membership to the Climate Resilience Committee. I stand before you today as a Miami District 5 resident, a University of Miami student, and the founder of Sustain the Culture, a nonprofit that aims to inspire young people to actively participate in shaping a just and sustainable future through art, culture, and education. Today, you have a crucial decision to make, a decision that could profoundly impact youth representation in our collective fight against climate change. As it stands, the existing rules for youth representation on the Climate Resilience Committee, Ordinance 14067, unfairly excludes a vast number of young individuals. These are youth who study or work in Miami, who may not live within its boundaries due to various circumstances, including the harsh reality of gentrification. These limitations hit black and minority youth hardest. These young people, despite being pushed out of Miami -Dade County due to systemic inequities and the rising cost of living continue to have a vested interest in the climate future of our city. Living outside the county does not diminish their commitment to climate resilience in Miami. Today you have the power to endorse a resolution that expands participation criteria for the Climate Resilience Committee, making it more inclusive to all youth who study or work in Miami. I come here today with youth activists representing Sustain the Culture, some of which who may not live within county lines but show up tirelessly to organize, educate, and empower around climate justice issues in the city of Miami. Finally, all committee seats should hold equal criteria with the only exception being age. It is not fair that the rules for youth members are more restrictive than for non - youth members. Chair King: Thank you, thank you. Mr. Albertini-Fleurant: Thank you. Chair King: Good morning. Albert Gomez: Good morning, Chairwoman, Commissioners. Albert Gomez, 3566 Vista Court, full support of CA.2, Ebenezer Methodist Church being designated as a historic site, something I've watched throughout my life. It's just a beautiful place. The Discussion Item 1, or DI3 actually, on green roofs, high time we get this -- something like this passed. It's a great opportunity. It's a lot of activity in this area. With the record heat we had today, this is also a solution or a tool towards that. On - - I 'm obviously for the pocket item that was submitted today for -- from Commissioner Covo. That is an amazing ordinance. We have to save every natural place we have and that -- any protections that Florida Wildlife can bring forward to that would be a benefit. Now, a couple of items I'm against, or not necessarily against, I just -- I noticed that we have another litigation issue come up and we 're paying off someone else today. And I noticed that in 2020, I brought it up in the last commission meeting, or the last one I attended, that we stopped doing the litigation reporting. And I'm wondering if we can restart that, if maybe a commissioner can take that up, or someone can reinitiate that, bring it to the City Manager and see if we can start up the litigation reporting again. It was very useful to see what the litigation is. Finally, on PH.20, last time I checked, Watson Island, beautiful place, is not blighted. It is not a blighted place. And if you're going to go ahead and make it a blighted place in order to release monies for development, I would like to see if you could put protections for the Miami Yacht Club. That is a gem for us here in the city. And I would hate to see that be part of the bargaining chip with regards to negotiating their lease and what happens. You know, I would like to protect that place. Chair King: Thank you. Good morning. City of Miami Page 8 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Wendy Walsh: Good morning, Chair. Good morning, Commissioners. My name is Wendy Walsh, 871 Northwest 167th Street, Miami, Florida, 33169. I am the secretary -treasurer for Unite Here Local 355, representing hospitality workers throughout South Florida. I came before this Commission a few weeks ago to speak in favor of -- in support of the development of the Hyatt Regency and the James L. Knight Center and our union does maintain that support for that redevelopment. At the same time we do want to clam our position regarding the labor peace requirement imposed by the City's 2009 labor peace resolution. That resolution requires a labor peace agreement for all hospitality operations on City -owned land, which the resolution defines to include not only hotels, but also all restaurants, bars, cafeterias, and other food and beverage operations. As you know, we've come before the Commission many times to keep the Commission informed and to testify that the developers have satisfied that requirement on several projects, including most recently on the MLS Stadium, hotels and adjoining venues and the Jungle Island Hotel. While the union asserts that our agreement with HRM owner covers all food and beverage, including the proposed riverwalk ground floor venues and the pool bar restaurant, the developer recently since the last meeting asserted to us that those venues are not covered by our agreement. If that were to be the case, then those food and beverage venues could be subject to a labor peace -- I'm sorry, to a labor dispute when our union organizes them, including picketing, strikes, and other kinds of economic actions, which would be avoided through a labor peace agreement. We've strongly urged the developer to reconsider that position and to resolve the issue. Unfortunately, we have not reached a resolution as of this morning, despite our suggestion that we're prepared to find a remedy. We believe that it would be inappropriate of the City to approve the proposed lease with this issue unresolved. Thank you. Chair King: Thank you. Good morning. Alvin Smith: Good morning. My name is Alvin Smith. I'm representing my elderly mother, Carmetha Smith, address 52 Northwest 39th Street in Miami. I'm speaking on PZ.3 and 4, which I'm totally against. My house -- my mom 's house sits right in the middle of the three houses that will be torn down and built as duplex. I would ask that we keep the zoning the way it is. My mom is 86. She's used to her community the way it is. Just taking her a few -- half a block, she's not familiar with that part because they redeveloped that. Please keep her community, our community, the way it is. She bought the house about 45 years ago and she 's used to the area, the community, the way it is. Please keep it the way it is. We did meet with the developers and the attorneys. We were not able to come up with an agreement other than I mentioned my house being dust over the cars and whatever, and they said they would work something out with that, but I would prefer to keep the neighborhood the way it is. Thank you. Chair King: Thank you. Good morning. James Torres: Good morning, Chairwoman and Commissioners. My name is James Torres, president of the DNA (Downtown Neighborhood Alliance). I'd like to speak briefly on PH.15, which is the Hyatt Regency and the James L. Knight Center Convention. As we all know, that was overly approved by the voters back in November, but one of the pieces that we have always been talking about is the Fort Dallas piece. We firmly believe that this needs to be added to the redevelopment of that area to do away with some of the homelessness and some of the crime and some of the other issues that are there. I'm hoping that this Commission here today supports that intricate piece that should be involved with that. And that's my two cents. Thank you. Chair King: Thank you. City of Miami Page 9 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Commissioner Reyes: May I clam something? Mr. Torres: Yes, please. Commissioner Reyes: (INAUDIBLE) I toured the area (INAUDIBLE). Victoria Mendez (City Attorney): Commissioner, the -- Commissioner Reyes: Yes, it was off. I took a tour with the developers of all the area that just to got a handle on what was going to be done. And during that tour, we spoke very, very in-depth discussion of what to do with Fort Dallas, and they have committed themselves to work with the City of Miami. And the City of Miami is very - - I mean, it has a plan to redevelop or make Fort Dallas more appealing and also useful. And they committed themselves to work with us monetarily and otherwise, whatever it is, to help the City of Miami redevelop Fort Dallas and maintain the historical aspect of -- I mean, the history of Fort Dallas, which I don't know is the (UNINTELLIGIBLE). So, that will be -- that commitment is already made to me, and I think to the whole community. Mr. Torres: Okay, fair enough and I know, you know, we briefly spoke about that the last time that you were present in the downtown area, and we do appreciate that. We do realize revitalizing that entire area will send a clear message in preserving historical sites and also bringing something new that the community can be part of. Commissioner Reyes: Well, just from the business standpoint, it behooves that development to redevelop or develop Fort Dallas -- Mr. Torres: Right. Commissioner Reyes: -- instead of being the way it is, to be an appealing place and to have the amenities that people will come, and like a museum, et cetera, et cetera. Okay, it behooves the developers. Mr. Torres: Okay. Commissioner Covo: Commissioner -- Madam Chair, I would like to add a comment, please -- Commissioner Reyes: Sure. Commissioner Covo: -- to Commissioner Reyes. The other piece, and you did mention, the homeless situation in the downtown area with the rehabilitation and the lighting that is also coming below the bridge is going to make a huge derence. So, I think that public safety is also key in this project and the way that not only this developer in particular that I also met with them, but also other developers in the area need to give us the assurance that we are getting the right lighting and the right activation for the public, not only for the private citizens that are going to live in one of the towers or any of these towers. Mr. Torres: Perfect. So, we look forward that hopefully this Commission will come to an agreement and encompass that with the developer to move forward because, you know, homelessness is a whole derent topic that I won't get into, you know, but improving that area and preserving the historical piece is key to the success of our city. Chair King: Thank you. Mr. Torres: Thank you. City of Miami Page 10 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Chair King: Thank you. Commissioner Reyes: It will be improved and -- Chair King: Good morning. Commissioner Reyes: -- also the riverwalk is going to be improved. Mr. Torres: Perfect. Thank you. Chair King: Good morning. Raymer McGuire: Good morning, Chairwoman and Commissioners. My name is Raymer McGuire. I'm a resident of Broward County, but I work in the city of Miami. I'm the director of Campaigns and Policy for the CLEO (Climate Leadership Engagement Opportunities) Institute. We're a 501(c)(3) nonprofit based in Miami focused on educating and mobilizing youth against policies that make the climate crisis and climate change worse. I'm here to express our organization's strong support for Discussion Item 2. There is already two youth seats on the Climate Resilience Committee, but only one seat is filled. Making the rules, allowing a student who doesn't necessarily live in the city, but who works or is educated and goes to school in the city to have a seat at the table is very important to make sure that youth are represented on the committee. Thank you so much for your support. Chair King: Thank you. Good morning. Elaine Black: Good morning, Commissioners and Commissioner -- and Chairwoman King. My name is Elaine Black. I'm the president of the Liberty City Trust and I'm here to support RE.8 and RE. 11. First of all, RE.8, which authorizes the sale of properties being developed into affordable housing to qualified applicants by processing the applications on a first -come, first -ready, first -served basis in compliance with HOME (Home Investment Partnership Program) as well as NSP (Neighborhood Stabilization Program). This will allow individuals -- low-income individuals to get housing. It's very important to us in the Liberty City community. Now to PH.11. PH.11 would provide property located at 1199 Northwest 62nd Street to be given to the Yaeger Plaza Partnership as part of the development on the corner of 62nd and 12th Avenue. The Liberty City Trust has been involved and supportive of this project for many years. I, prior to even being involved with the Liberty City Trust, was supportive of this project. When Dr. Yeager was here, it is a very important parcel in our community and it will be developed again for affordable housing as well as commercial. So, thank you so very much, Chairwoman King and Commissioners, for your support of those items. Chair King: Thank you. Good morning. Samuel Lattimore: Good morning, Chairwoman King and Commissioners. My name is Samuel Lattimore. I live at 937 Northwest 55 Street. I'm the president of the Charles Hadley Neighborhood Association and a long-time resident of the City of Miami District 5. I'm here in support of the transfer of the property located on 12th Avenue and 62nd Street to the developers -- the Yaeger Plaza partners development system for housing, affordable housing, and commercial application. I say that because having lived in that area and ridden through that area on a daily basis, that property would be an outstanding area to do the affordable housing issue. Right now it's vacant, been vacant for a long time. It's located near the Yaeger Clinic, which has been there a while, and I think it 's an excellent match. And that's in support of PH.11. My last recommendation is the RE.8, that we do follow through with making it possible for the receiving of properties, affordable properties, to qualified City of Miami Page 11 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 applicants by processing applications on a first -come, first -ready, first -served basis and in compliance with the requirements of 24 CFR (Code of Federal Regulations) Part 92, also known as the Home Investment Property. We feel that property -- that process will expedite the allocation of affordable housing and other things to that deprived community. Thank you very much and you all have a nice day. Chair King: Thank you. Good morning. Eddy Leal: Good morning. Eddy Leal, 1420 Brickell Bay Drive. A few items that I wanted to mention as you guys considered it. One is FR.1, the no net loss discussion. I understand that the Commission has decided to refer this for later, but I wanted to bring one particular item of the proposed ordinance that I think seems highly problematic, among other things, but I will focus on one item. One of the items -- and it's in the last paragraph or close to the last paragraph -- it provides that if there is Commission approval to replace parkland, what would happen is that they would have, whoever is the applicant, would have five years to put that park back into existence. I think that that is overly excessive in terms of the time that that person would have to bring that parkland back online, given that if you see the report that this Commission has deferred, which is I think on CA.2 or CA.3, which deals with the master plan on parks, you will see that there is a desperate need in many areas of the City of Miami to actually have parkland. So, I think that having a five-year conversion period seems excessive. On the other items, on DI.1, I saw there is a, on the backup, there is City Hall procedures to have a very extensive camera system placed. I don't know if there were bids procured for that, but it looks like you might be considering more than $200, 000 on a camera system for City Hall. I hope that that was -- I know it's up for discussion, but I hope that there is an opportunity to get other competing bids and if there is a necessary need for that camera at City Hall. Last two I'll mention is PZ.2. I have spoken with the applicant's attorney and it looks like they will have a hard stafffor that Brickell location, Brickell Bay Drive. I'll be -- Chair King: Thank you. Mr. Leal: -- I 'm wrapping up. I think it was a wonderful idea on the litigation report that someone said earlier. I think that would be helpful to have that type of periodic report. Thank you. Chair King: Thank you. Mr. Leal: And I'm happy to work with anybody on language for the revision of FR.1 when it comes back, which I think it 's coming back in September. Chair King: Thank you. Mr. Leal: Thank you. Chair King: Good morning. Aaron DeMayo: Good morning, Chairwoman. Good morning, Commissioners, City Clerk, City Attorney, City Manager. My name is Aaron DeMayo. I am a member of the Climate Resilience Committee which supported Discussion Item 3 on today 's agenda. That resolution intends to incentivize projects that include green roofs. Green roofs are essential infrastructure because they address heat island effect, habitat and biodiversity loss, stormwater management, flood mitigation. The City's stormwater master plan is estimated to cost between 3.8 and 5.4 billion dollars. Besides that high cost, it's going to take years to plan, design, and build all that infrastructure. So, incentivizing the private sector to create some of that would be helpful for our city. Innovative technologies within green roofs allowed it to act like a sponge, so during a rain event, water is stored on that roof and then later let out, City of Miami Page 12 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 reducing the peak intensity and thus flood events. That helps overall with our FEMA (Federal Emergency Management Agency) flood score and insurance rates. There are already many successful green roofs around the city and South Florida, but they are more expensive than traditional roofs, so utilizing a public benefit incentive that comes at no cost to the City helps immediately with our infrastructure needs. So, not only the project would benefit from that green roof but also the surrounding community. There's been significant effort and community support to get to this point, and we have met with City staff who have been supportive, but have additional questions that they need time to review so that they can make the best recommendation. I hope you see the value in this opportunity to incentivize green roof infrastructure and that today you will make a directive on DI.3 to allow staff to consider that more so and then bring it back to you when it 's ready. Thank you all for your consideration. Chair King: Thank you. Good morning. James Brazil: Good morning. Yes, my name is James Brazil, at 1614 Drexel Avenue, and I come here in support of Discussion Item 3. As a leading practitioner globally in these type of projects of bringing green roofs and equitable, sustainable, and accessible public projects, you know, I've been working in Miami for the last seven years, really boots on the ground, you know, developing what Aaron has just previously spoke to about how to improve green infrastructure in our city and how we can encourage community benefits. And through my position as a professor at UM (University of Miami) and FIU (Florida International University) and teaching at many local schools, you know, it is in my like eye -witness account that the green rooftops has amazing green community benefits beyond just the green infrastructure and what it means for city development. And I would like to invite all you all to our pilot project that's been running for five years in the Miami Design District that really speaks to that, where we are really pioneering a new way for not just development, but for, you know, community growth in a totality. Thank you. Chair King: Thank you. Good morning. Ulysee Kemp: Good morning, Chairwoman, Commissioners. I'm the president of Buena Vista Heights Neighborhood Association, and myself and my neighbors have been in City Hall to oppose the upzoning of lot -- three lots on 39th Street from single- family duplex -- from single-family homes to duplex. The upzoning would -- I don't think would never be allowed in South Grove, the Roads, Morningside, Belle Meade, or even in Flagami. Why is our neighborhood not given the same respect and protection as those? I've given you petitions with dozens, over dozens of neighbors opposing the upzoning, the neighbors who love their neighborhood the way it is and do not want to sell out to developers. Some of them have testified at previous hearings. We had some today that was here that got -- they misunderstood and thought that this was going to be canceled because there was no lighting. And one of the other ones that just had to leave just before you opened up to a public hearing because they own a business and had to go back. But they shouldn't have to come to testify. That's why we elected you, Commissioner King, and -- to protect our neighborhoods from those who want to harm our quality of life and disrupt our single-family zoning. The intent of Miami 21 is clearly stated as preserving neighborhoods. This is -- there are already plenty of duplexes zoned throughout the City of Miami, so there's no need to upzone single-family residents just because of the greed of developers. Why is it so hard for the City to understand that we actually love our neighborhood and we want to preserve it? Why is protecting our zoning and quality of life not the highest priority instead of enabling undeserved profit for developers? We are not asking for special privileges, nor to gain an advantage over our neighbors at their expense, but the developers and their allies are asking for exactly that. Can you -- can 't you see the developers are trying to get something they don't deserve for no good reason but for their own greed? Commissioner King, we City of Miami Page 13 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 simply want to keep what we have and we expect you and the City to protect us. We also have an attorney that's working with us on this, Mr. David Winker, and he's here to speak on our behalf as well. But please, vote this down. Deny this PZ.3 and 4. And we also took the time out and met with the attorneys for the developer/investors to try to negotiate something, but we really didn't come to any agreement on anything that was -- I mean, the only thing it did was confuse us more because now we got an understanding that there's a possibility that we may now have six rental properties on our block rather than adding six new families, six new rentals, which means we're going to have a transit -- more transit [sic] type of neighborhood. This is something that was never disclosed and they're proposing that maybe it will be condominiums instead of duplexes. There's so many different things that came out of this last meeting that it 's just chaotic. Thank you. Chair King: Thank you. Seeing no one else for public comment, the public comment period is now closed. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - City Commission Meeting - May 11, 2023 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: At this time, we need to approve the City Commission meeting minutes for May 11 th, 2023. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: I'll move it. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. And -- Victoria Mendez (City Attorney): Madam Chair, one little thing. Chair King: Okay. Ms. Mendez: I wanted to ask you if I can ask all of the interns in my office to please stand so we can embarrass them a little. Yeah, there were a few more earlier, but we wanted to thank them for coming to City Commission and learning about government and, you know, being future lawyers. Commissioner Diaz de la Portilla: There's only one that 's interested in politics, though. There's only one of them that's interested in politics, the one in the blue. Ms. Mendez: Maybe that's a good thing. Maybe that 's a good thing. City of Miami Page 14 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Commissioner Diaz de la Portilla: And the white. Chair King: So, I have a motion and a second. Commissioner Covo: You never know. Commissioner Diaz de la Portilla: Well, I asked her a funny question. I said, why do you like politics? And she said to me, because I'm Cuban. That was her answer, "because I'm Cuban." Ms. Mendez: Thank you. Chair King: I have a motion and a second to approve the minutes from May 11, 2023. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Thank you all. The Commission meeting for July 13th, 2023 has now concluded. 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 15 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 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: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo CA.1 RESOLUTION 14027 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR A TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR UP TO THREE (3) ADDITIONAL THREE (3) YEAR PERIODS, FOR THE PURPOSE OF ENFORCING VIOLATIONS OF SPECIFIED SECTIONS OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA ("COUNTY CODE"), AS THEY MAY BE AMENDED FROM TIME TO TIME, THROUGH CIVIL CODE PENALTIES PURSUANT TO CHAPTER 8CC OF THE COUNTY CODE, INCLUDING THE UTILIZATION OF THE MIAMI-DADE COUNTY DIVERSION PROGRAM FOR SATISFACTION OF ANY ELIGIBLE CIVIL CITATIONS ISSUED WITHIN THE CITY OF MIAMI. ENACTMENT NUMBER: R-23-0284 This matter was ADOPTED on the Consent Agenda. Chair King: At this time, may I have a motion for our consent agenda, CA.1, 2, 4, 5, 6, and 7? Commissioner Diaz de la Portilla: I'll move it. Commissioner Covo: 1, 2, 4, 5, 6, 7, right? Commissioner Diaz de la Portilla: Yes. Chair King: 1, 2, 4, 5 , 6, 7. Do I have a second? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Consent Agenda items passed. City of Miami Page 16 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 CA.2 14123 Department of Planning CA.3 14059 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RECOMMENDING TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ITS APPROVAL OF THE STATE HISTORIC PRESERVATION OFFICE'S NOMINATION TO ADD THE EBENEZER METHODIST CHURCH TO THE NATIONAL REGISTER OF HISTORIC PLACES AS THE EBENEZER METHODIST CHURCH MEETS NATIONAL REGISTER CRITERION A: THE AREA IS ASSOCIATED WITH EVENTS THAT HAVE MADE A SIGNIFICANT CONTRIBUTION TO THE BROAD PATTERNS OF OUR HISTORY IN THE AREA OF COMMUNITY PLANNING AND DEVELOPMENT ARCHITECTURE, AND NATIONAL REGISTER CRITERION C: THE PROPERTY EMBODIES THE DISTINCTIVE CHARACTERISTICS OF A TYPE, PERIOD, OR METHOD OF CONSTRUCTION IN THE AREA OF ARCHITECTURE. ENACTMENT NUMBER: R-23-0285 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "Public Comments for all Item(s)" and Item Number CA.1. RESOLUTION - Item Pulled from Consent A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. R-07-0290, ADOPTED MAY 24, 2007, AND SUBSTITUTING IN LIEU THEREOF A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING, IN PRINCIPLE, THE MIAMI PARKS AND RECREATION SYSTEM MASTER PLAN, ATTACHED AND INCORPORATED AS EXHIBIT "A," AS A GUIDING TOOL FOR THE FUTURE DEVELOPMENT AND PRESERVATION OF CITY OF MIAMI PARKS AND PUBLIC SPACES AS ENVISIONED IN THE MIAMI 21 INITIATIVE; DIRECTING THE PARKS AND RECREATION DEPARTMENT TO REPORT ON A BI-ANNUAL BASIS REGARDING THE IMPLEMENTATION OF SAID PLAN. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item CA.3 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number CA.3, please see "Order of the Day" and "Public Comments for allltem(s)." City of Miami Page 17 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 CA.4 RESOLUTION 13984 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE ASSIGNMENT AND ASSUMPTION OF PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") FOR REQUEST FOR QUALIFICATIONS ("RFQ") CONTRACT NO. 16-17-018 FOR THE PROVISION OF MISCELLANEOUS STRUCTURAL ENGINEERING SERVICES FROM DOUGLAS WOOD ASSOCIATES, INC., A FLORIDA PROFIT CORPORATION ("DOUGLAS WOOD"), TO O'DONNELL & NACCARATO, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("O'DONNELL & NACCARATO"); AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF AGREEMENT WITH O'DONNELL & NACCARATO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO ISSUE O'DONNELL & NACCARATO THE CORRESPONDING NOTICE TO PROCEED ("NTP"), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI ("CITY") 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-23-0286 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. City of Miami Page 18 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 CA.5 14179 Department of Procurement RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT SPONSORSHIPS FROM VARIOUS CORPORATIONS AND/OR ORGANIZATIONS FOR THE COSTS OF PROVIDING THE CITY OF MIAMI ("CITY") PATHWAYS TO PUBLIC PROCUREMENT SUMMIT (THE "SUMMIT"), A TWO-DAY INTENSIVE SUMMIT FOR AN ANTICIPATED 200 TO 400 LOCAL, SMALL, AND MINORITY BUSINESSES, SCHEDULED TO TAKE PLACE OCTOBER 19 AND 20, 2023, AT JUNGLE ISLAND, CONSISTING OF EDUCATIONAL WORKSHOPS, KEYNOTE LUNCHEONS, MATCHMAKING SESSIONS WITH GOVERNMENT AGENCIES AND LARGE PRIME CONTRACTORS, AN EXPO FOR RESOURCE PARTNERS, AND THE CITY'S PROCUREMENT OUTREACH PROGRAM POP-UP SHOP FOR ALL SAID LOCAL, SMALL, AND MINORITY BUSINESSES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND 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-23-0287 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see "Public Comments for all Item(s)" and Item Number CA.1. City of Miami Page 19 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 CA.6 14044 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALMA ESPINOZA, CYNTHIA DEL CARMEN LOPEZ, LINA REYES, SALVADOR PEREZ, AND VICTOR MANSILLA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL GLOBAL SUM OF $250,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED ALMA ESPINOZA, CYNTHIA DEL CARMEN LOPEZ, LINA REYES, SALVADOR PEREZ, AND VICTOR MANSILLA VS. THE CITY OF MIAMI, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY FLORIDA, CASE NOS. 18-22609-CA AND 19-14544-CA, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-23-0288 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see Item Number CA.1. CA.7 RESOLUTION 14178 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF LUIS HARAMBOURE, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $229,900.00, 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 $229,800.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-23-0289 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see Item Number CA.1. END OF CONSENT AGENDA City of Miami Page 20 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH - PUBLIC HEARINGS PH.1 RESOLUTION 14090 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF EMERGENCY SOLUTION GRANT ("ESG-CV") FUNDS IN A TOTAL AMOUNT NOT TO EXCEED $3,885.75 TO THE CITY OF MIAMI, DEPARTMENT OF HUMAN SERVICES AS SPECIFIED IN THE EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-23-0290 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: May I have a motion for the public hearing items, PH.1, PH 2, 3, 4, 5, 6, 7,8,9,and 10? Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: Second. Chair King: All in favor? Todd B. Hannon (City Clerk): Chair, with PH.3 being amended? Commissioner Diaz de la Portilla: With PH.3 as amended. Chair King: As amended. Commissioner Reyes: Yes. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 21 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.2 14102 Department of Housing and Community Development PH.3 14103 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") ENTITLEMENT GRANT FUNDS, IN THE TOTAL AMOUNT OF $23,662,699.00 FOR THE FOLLOWING PROGRAMS IN THE FOLLOWING AMOUNTS: (1) $5,348,046.00 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM; (2) $3,760,171.00 FOR THE HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM; (3) $14,075,415.00 FOR THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM, AND (4) $479,067.00 FOR THE EMERGENCY SOLUTIONS GRANTS ("ESG") PROGRAM FOR FISCAL YEAR 2023-2024; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0291 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.2, please see Item Number PH.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING EMERGENCY SOLUTIONS GRANT ("ESG") FUNDS FOR FISCAL YEAR 2023-2024 IN THE AMOUNT OF $479,067.00, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0292 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.1. City of Miami Page 22 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.4 14104 Department of Housing and Community Development PH.5 14105 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FISCAL YEAR 2023-2024 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $5,348,046.00 TO THE ACTIVITIES/DEPARTMENT(S) SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, BEGINNING OCTOBER 1, 2023; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING EXTENSIONS, AMENDMENTS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0293 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.4, please see Item Number PH.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF HOME INVESTMENT PARTNERSHIP PROGRAM ("HOME") FUNDS, IN THE AMOUNT OF $3,760,171.00 FOR HOUSING PROGRAMS, FOR FISCAL YEAR 2023-2024, IN THE CATEGORIES AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PROVISION OF DECENT AND SAFE AFFORDABLE HOUSING TO LOW-INCOME HOUSEHOLDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0294 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.5, please see Item Number PH.1. City of Miami Page 23 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.6 14106 Department of Housing and Community Development PH.7 14107 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") IN THE ECONOMIC DEVELOPMENT CATEGORY FROM FISCAL YEAR ("FY") 2021-2022 IN THE AMOUNT $246,000.00 TO THE DEPARTMENT OF RESILIENCE AND PUBLIC WORKS FOR STREET IMPROVEMENTS IN DISTRICT 5, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0295 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.6, please see Item Number PH.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME") FUNDS GENERATED FROM OCTOBER 1, 2022 TO APRIL 30, 2023, IN THE AMOUNT OF $99,172.75 AND AN ADDITIONAL AMOUNT OF $296,378.33 OF RECAPTURED FUNDS FOR A TOTAL AMOUNT OF $395,551.08, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0296 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH. 7, please see Item Number PH.1. City of Miami Page 24 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.8 14108 Department of Housing and Community Development PH.9 14109 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS GENERATED FROM OCTOBER 1, 2022 TO APRIL 30, 2023, IN THE AMOUNT OF $433,799.82, FOR ELIGIBLE HOUSING AND ECONOMIC DEVELOPMENT ACTIVITIES, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0297 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.8, please see Item Number PH.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF SECTION 8 HOUSING PROGRAM FUNDS, IN THE PROJECTED AMOUNT OF $4,422,300.00 FOR RENTAL ASSISTANCE, AND IN THE PROJECTED AMOUNT OF $507,000.00 FOR PROGRAM ADMINISTRATION, FOR A TOTAL PROJECTED AMOUNT OF $4,929,300.00 FROM FISCAL YEAR ("FY") 2023-2024 ANNUAL CONTRIBUTIONS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0298 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.9, please see Item Number PH.1. City of Miami Page 25 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.10 14114 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS IN THE AMOUNT OF $14,075,415.00 FOR FISCAL YEAR ("FY") 2023-2024, AND THE AMOUNT OF $2,000,000.00 FROM PREVIOUS YEARS UNALLOCATED FUNDS, FOR A TOTAL AMOUNT OF $16,075,415.00, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0299 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.10, please see Item Number PH.1. City of Miami Page 26 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.11 14110 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTIONS 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO TRANSFER, WITH RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, THE CITY -OWNED PARCEL OF LAND LOCATED AT 1199 NORTHWEST 62 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, ("PARCEL"), TO YAEGER PLAZA PARTNERS, LLC. ("DEVELOPER"), FOR THE DEVELOPMENT OF AFFORDABLE/WORKFORCE RENTAL HOUSING PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, AND ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO TRANSFER THE PARCEL TO THE DEVELOPER. ENACTMENT NUMBER: R-23-0300 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number PH.11, please see "Order of the Day" and "Public Comments for all ltem(s)." Chair King: Well, let's see, do I have a motion for PH.11? Commissioner Diaz de la Portilla: I will move it. Commissioner Covo: I'll second. Commissioner Reyes: PH.11, I second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: PH.11 passes. City of Miami Page 27 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.12 RESOLUTION 13971 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ROSA 55 MORNINGSIDE LLC, FOR A PEDESTRIAN BRIDGE OVER AND ACROSS THE CITY OF MIAMI'S RIGHT-OF-WAY KNOWN AS NORTHEAST 55 STREET BETWEEN 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD MIAMI, FLORIDA, PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH CERTAIN USER FEES REQUIRED; MAKING FINDINGS; REQUIRING A COVENANT RUNNING WITH THE LAND; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF THE EASEMENT; APPROVING AND AUTHORIZING THE RECORDATION OF THE EASEMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PH.12 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PH.12, please see "Order of the Day" and "Public Comments for all ltem(s). " City of Miami Page 28 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.13 RESOLUTION 14077 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION AND ACCESS EASEMENT AGREEMENT ("EASEMENT"), PURSUANT TO SECTION 29 B (C) OF THE CHARTER OF THE CITY OF MIAMI, CONVEYING PROPERTY TO IMPLEMENT PROJECTS OF ANY GOVERNMENTAL AGENCY OR INSTRUMENTALITY, TO 191 SW 12 OWNER LLC, A DELAWARE LIMITED LIABILITY COMPANY ("DEVELOPER"), FOR A NON-EXCLUSIVE EASEMENT ON CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 140 AND 142 SOUTHWEST 11 STREET (FOLIO NOS. 01-0208-050-1010 AND 01-4138-051-0380) AND 1105, 1115, 1131, 1133 SOUTHWEST 2 AVENUE (FOLIO NOS. 01-4138-051-0400, 01-4138-051-0410, 01- 4138-051-0390 AND 01-4138-051-0420), MIAMI, FLORIDA ("CITY PROPERTY") FOR THE PURPOSES OF PROVIDING ACCESS AND INGRESS THERETO AND EGRESS THEREFROM, OVER, UPON, THROUGH AND ACROSS THE CITY PROPERTY, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT AND CONSISTENT WITH THE "PUBLIC BENEFIT AGREEMENT REGARDING CONSTRUCTION OF THE NEW FIRE STATION NO. 4" RECORDED ON APRIL 13, 2020 IN OFFICIAL RECORDS BOOK 31909, AT PAGE 847 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA (AS AMENDED, RESTATED, SUPPLEMENTED AND REPLACED FROM TIME TO TIME ("PBA"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENT. ENACTMENT NUMBER: R-23-0301 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: Okay, we can take up -- ifI can have a motion for PH.13, 14. Commissioner Reyes: 13, I think it is -- has been deferred, right? Chair King: No, I don't have 13 as being deferred. Commissioner Diaz de la Portilla: 12. Chair King: 12 has been deferred. Commissioner Reyes: 12 -- oh, I'm sorry, 12 have been deferred. Yes, for 13, yes. Chair King: So, ifI may, 13, 14 -- Commissioner Reyes: 14, 15. Commissioner Diaz de la Portilla: No. City of Miami Page 29 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 Chair King: No, not 15. 13, 14 -- Commissioner Diaz de la Portilla: 16. Commissioner Reyes: And 20. Commissioner Diaz de la Portilla: 17, 18 -- Commissioner Reyes: No, they will take -- Commissioner Diaz de la Portilla: -- 19. Commissioner Reyes: -- they are four -fifths. Chair King: Nope, that's it, just 13 and 14. Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And my apologies, Chair, that was just PH 13 and 14? Chair King: Yes. Mr. Hannon: Not PH.11 ? Chair King: No, that requires a four -fifth. Commissioner Reyes: Four -fifth. 16 requires, 18, 19, and 20 requires. City of Miami Page 30 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.14 RESOLUTION 14137 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER, PURSUANT TO CITY CHARTER SECTION 29-B(C), TO EXECUTE A GRANT OF EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE FEDERAL AVIATION ADMINISTRATION ("FAA"), FOR AN ACCESS EASEMENT OF APPROXIMATELY 68,400 SQ. FT. OF SPACE OVER, UPON, THROUGH AND ACROSS A PORTION OF CITY - OWNED PROPERTY, IDENTIFIED AS PARCEL 2; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A RESTRICTIVE AERIAL EASEMENT, IDENTIFIED AS PARCEL 3, IN, ON, OVER, AND ACROSS A PORTION OF CITY OWNED PARCEL, WITH THE RIGHT TO PROHIBIT ALL OBSTRUCTIONS ABOVE GROUND SURFACE AND OTHER OBSTACLES, TOGETHER WITH THE RIGHT TO TRIM, CUT, FELL, AND REMOVE TREES, UNDERBRUSH, OBSTRUCTIONS AND OTHER VEGETATION, STRUCTURES, OR OBSTACLES, ON A PORTION OF CITY - OWNED PROPERTY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" (COLLECTIVELY, "EASEMENTS"), ATTACHED AND INCORPORATED; CONTAINING A REVERTER PROVISION PROVIDING THAT IF EITHER EASEMENT SHALL BE ABANDONED OR DISCONTINUED, THE EASEMENT SHALL CEASE AND REVERT BACK TO THE CITY, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY. ENACTMENT NUMBER: R-23-0302 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.14, please see Item Number Ph.13. City of Miami Page 31 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.15 RESOLUTION 14184 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. ENACTMENT NUMBER: R-23-0307 City of Miami Page 32 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED 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 PH.15, please see "Public Comments for all Item(s)" and Item Number PH.17. Chair King: And at this time -- excuse me. Commissioner Diaz de la Portilla: One more, one more. Chair King: At this time, we are going to take up PH.15. Do I have a motion? Vice Chair Carollo: PH (Public Hearing) -- hold on, let me see. Commissioner Diaz de la Portilla: I'll move it. Vice Chair Carollo: Let me see. Commissioner Reyes: I second. Chair King: So, I have a motion and a second. Vice Chair Carollo: Hold on, hold on. Let me find out -- Victoria Mendez (City Attorney): So, for -- Vice Chair Carollo: -- make sure that -- Commissioner Diaz de la Portilla: The Hyatt hotel. Vice Chair Carollo: Oh, okay, that's the Hyatt hotel? Commissioner Reyes: That's right. Vice Chair Carollo: Okay, well -- Commissioner Reyes: I second it. Vice Chair Carollo: Hold on. I want to hear the presentation from Brian May that's here. Commissioner Reyes: Oh, come on, man. Vice Chair Carollo: He seems like he's been well paid. He's got a nice suntan from vacation. Commissioner Reyes: He's been on vacation all this time. Vice Chair Carollo: Gentlemen, if I could get a representative up here, not Mr. May. You had proffered before -- Javier Avino: I am not Mr. May. City of Miami Page 33 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Vice Chair Carollo: Yeah, you had proffered before 400,000 for the traffic study. Mr. Manager, the traffic study to see if we could -- Commissioner Reyes: Yeah. Vice Chair Carollo: -- you know, do the elevated ramp. Have we ascertained how much that's going to cost us? Is it going to be over or less? Well, let me rephrase that. Is it going to be over? Larry Spring (Chief Financial Officer): The consulting fee -- Commissioner Reyes: Traffic study. Mr. Spring: -- for the study? It will not be over. Vice Chair Carollo: It will not be over. Mr. Spring: It will not be over. Vice Chair Carollo: Okay, so there's going to be sufficient dollars -- Mr. Spring: Yes. Vice Chair Carollo: -- to pay for it? Mr. Spring: Yes, sir. Vice Chair Carollo: Okay, alright. And since I asked -- Mr. Spring: Sorry, Larry Spring for the record. Vice Chair Carollo: -- since I asked for that -- Chair King: CFO (Chief Financial Officer) for the City of Miami. Vice Chair Carollo: -- any leftover dollars can go to whatever District 2 would like to use it for in that area since it's her district. Commissioner Reyes: I'll agree with that. Commissioner Covo: I would want that and need it so -- Mr. Spring: Yes, the -- Commissioner Reyes: I have no problem with it. Mr. Spring: -- the developer gave us all of the money, so the -- Vice Chair Carollo: Okay. Mr. Spring: -- the cost is below the 400, 000. I don 't know the exact figure. Commissioner Reyes: Can I --? Mr. Spring: It may be 50, 75,000, I think. Vice Chair Carollo: Alright, that's fine. City of Miami Page 34 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Mr. Spring: -- as a balance. Commissioner Reyes: Have we started that we have chosen yet the -- who is going to make the study? Mr. Spring: Yes, that -- we've already contracted with them. That was done months ago. Commissioner Reyes: Okay, okay. Mr. Spring: So, we've already started. Commissioner Reyes: I'm looking forward to further analysis. Chair King: Now, for the record, if you can share with us again the community benefits that will come along with this agreement. Mr. Avino: Absolutely. So, for the record, Javier Avino, with Bilzen Sumberg, 1450 Brickell Avenue, here on behalf of the lessee, HRM Owner. So, I will go through the community benefits, and there are some additional items that the City Attorney has and will read in as well. It's a $25 million affordable housing contribution. It's a dedication of 15 units at 60 percent AMI (Area Median Income) interspersed within the multifamily building. A severance package -- Chair King: Infinity? Mr. Avino: I'm sorry? For the duration of the lease, yes, ma'am. Chair King: To infinity and beyond. Mr. Avino: Yes, yes. Commissioner Reyes: To infinity, no 99 years. Mr. Avino: A severance package for Hyatt Regency's Unite Here Union at $3 million, a contribution of the existing FF&E (Furniture, Fixtures and Equipment) of the hotel to local charities. It's estimated value is $2.5 million dollars, $15 million in investment -- Vice Chair Carollo: Wait, what is that $2.5 million for? Mr. Avino: That's the furnishings of the existing hotel will be donated to existing -- Vice Chair Carollo: Oh, okay. Mr. Avino: -- local charities at the at the choice of -- Vice Chair Carollo: And that's $2.5 million? Mr. Avino: Yes. Commissioner Reyes: You need any furniture? Vice Chair Carollo: No, just seems high. Commissioner Diaz de la Portilla: At the choice of the -- Mr. Avino: At the will of the Commission. There 's -- City of Miami Page 35 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Commissioner Diaz de la Portilla: Commission District 1, right, or the whole Commission, right? Commissioner Covo: No, they just said District 2 for everything. Mr. Avino: Through the Chair, I will continue -- Chair King: Or the district Commissioner. Mr. Avino: -- with the community benefits. $15 million in investment in art in public places, a contribution of event space for City of Miami official use for 12 separate events per year for up to 200 people at no cost to the City. Vice Chair Carollo: The 15 million arts in public places, is that beyond what the County requires or is it --? Mr. Avino: It is what the requirement -- Vice Chair Carollo: But is that coming directly to the City or is it going to the County? Commissioner Diaz de la Portilla: It goes to the County. Mr. Avino: I believe it's to the City. Commissioner Reyes: To the City. Mr. Avino: Yeah. It's -- Commissioner Reyes: It has to go to the City. Mr. Avino: -- it goes into the City's art program -- Vice Chair Carollo: Okay. Mr. Avino: -- for public art throughout the city. Commissioner Reyes: Should go to the City. Vice Chair Carollo: Okay. Mr. Avino: $10 million of off -site traffic improvements for the traffic, and that's over and above the $400, 000 that has already been paid to the City as part of the -- Vice Chair Carollo: But that $10 million of traffic improvement -- Mr. Avino: I'm sorry? Vice Chair Carollo: -- who's going to spend that? Mr. Avino: It's the City. So, there is a series of off -site improvements that will require traffic signalization. As part of the redevelopment plan, we have right-of-way improvements. We have rights -of -way that are being re -designated. Vice Chair Carollo: Okay, but that's not extra money you're giving us. That's part of what you had to do to make this happen. City of Miami Page 36 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Mr. Avino: Well, yes, but there's $10 million of improvements that will be done in order to facilitate not just the exist -- not just the proposed development, but that will facilitate and help the current traffic situation that, in part, is due to the current traffic patterns and the current traffic signalization. Commissioner Diaz de la Portilla: And this is outside your land -- the land -- Mr. Avino: That's outside of the lease area. Commissioner Diaz de la Portilla: -- outside the land you're leasing. Mr. Avino: That's correct. 480 feet of upgraded riverwalk. Commissioner Covo alluded to lighting underneath the bridge, so the riverwalk is not just, again, in our leased area, but it does expand beyond that. We also have -- and that's at a cost of $15 million for that riverwalk area. It also includes the increased open space. We're going well above the required open space that this project would require in order to create that riverwalk concept and that area for residents. Commissioner Covo: Elevated, right? Mr. Avino: Correct. There's a memorandum of understanding as well with IBEW (International Brotherhood of Electrical Workers) that will ensure labor participation in the project. There's also $1.5 million towards Fort Dallas and its historic buildings. And in addition to that, as was discussed at the June 12th meeting, there is a 20 percent minority participation in the food hall kiosk area that is contemplated at that riverwalk. And in addition to the 20 percent minority participation, there will be a dedication of one business from each of the five commission districts designated for that food hall kiosk area. And there also is inclusion of language that was suggested as well at the June 12th meeting regarding ex felons and providing an opportunity for them for construction -related jobs. And those are the community benefit package. Chair King: Now, earlier in public comment, there was some issue about the union. And I'd like Madam City Attorney to address the allegation that the union is required to have a stake in the food and beverage for all City property. Isiaa Jones (Assistant City Attorney): For all City leases, in 2009 the City Commission adopted a resolution requiring that all City leases contain a labor peace agreement or contract that is in force -- in front of us today. It does have this provision and we have this in this agreement. Chair King: Okay, okay. Do my colleagues have any questions? Commissioner Reyes: No. Commissioner Diaz de la Portilla: No. Commissioner Reyes: I move it. Commissioner Diaz de la Portilla: And I'll second it. Commissioner Reyes: I mean, second. Chair King: It's moved and second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 37 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Ms. Mendez: As amended. Chair King: As amended. Commissioner Diaz de la Portilla: As amended. Ms. Mendez: So Todd can swallow. He was about to jump at me. Chair King: At this time -- Ms. Mendez: Oh, Madam Chair. Commissioner Diaz de la Portilla: Madam Chairwoman -- no, hold on a second. Mr. Avin6: Special -- may I just say a special thank you to all of you, but a special thank you to City staff who has worked diligently with us on this matter. Commissioner Diaz de la Portilla: Thank you. Chair King: I have one more item. I need -- Commissioner Diaz de la Portilla: But I want to say something about this one before Chair King: Oh, go ahead. Commissioner Diaz de la Portilla: -- because I think it's important. We already voted it out, but I'm very pleasantly surprised by the quickness and the professionalism that was used in developing this lease. The City Administration, the City Manager, the City Attorney and the applicants, they did a fantastic job. And the conversations have been going on for a number of months now, and almost a year and a half in my case. I 've been dealing with a gentleman by the name of Phil Keb, who is a guy who has told me, you're (UNINTELLIGIBLE) front for me and has made certain guarantees to me and to my city, the people I represent, that he will be part of this project moving forward to make sure that those commitments are met and kept. Because what's in the language of the lease itself is important, but the intent and what we have talked about is also important and the only person that really knows all those details is Mr. Keb, so I think it 's important for me to get some sort of guarantee that he'll be on this project moving forward until completion. Is that the case, Mr. Keb? Philip Keb: Madam Chair and the Commission, yes, sir, that is the case. I'll be involved with the project through at least the next two years. Commissioner Diaz de la Portilla: You will remain involved and we can still chat, and if we have any concerns, we can come to you and talk to you about it, correct? Mr. Keb: Yes, sir. Commissioner Diaz de la Portilla: Okay, that was important to me. Thank you. Thank you, Madam Chair. City of Miami Page 38 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.16 13980 RESOLUTION MAY BE DEFERRED Department of Real A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Management EXECUTE AN AMENDMENT TO A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND LA UNIDAD CUBANA, INC., A FLORIDA NOT -FOR - PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF PROPERTY LOCATED AT 970 SW 1ST STREET, ROOM 302, MIAMI, FLORIDA ("PROPERTY"), REMOVING USE OF ROOM 300, AND NEGOTIATING AND EXECUTING A SETTLEMENT AGREEMENT WITH LICENSEE, COMMENCING ON THE EFFECTIVE DATE, FOR USE OF ADMINISTRATIVE OFFICES TO PROVIDE PROGRAMS TO SUPPORT FREEDOM AND HUMAN RIGHTS IN CUBA; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT AS NEEDED, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.16, please see "Order of the Day" and Item Number PH.17. City of Miami Page 39 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.17 14242 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE DISTRICT 1 SHARE OF THE CITY OF MIAMI'S MIAMI FOR EVERYONE ("MFE") PROGRAM, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION, FIVE -HUNDRED THOUSAND AND 00/100 DOLLARS ($1,500,000.00) ("GRANT") TO GOODWILL INDUSTRIES OF SOUTH FLORIDA, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("GOODWILL"), IN ORDER TO REDEVELOP AN UNIMPROVED STORAGE SPACE AT THE GOODWILL OWNED PROPERTY LOCATED AT 2090 NW 21 TERRACE AS A NEW MANUFACTURING SPACE ("PROJECT") WHICH WILL, UPON COMPLETION, ALLOW THE ORGANIZATION TO EMPLOY FIFTY (50) TO ONE HUNDRED (100) INDIVIDUALS WITH DISABILITIES, ECONOMIC DISADVANTAGES, AND OTHER BARRIERS TO WORK, EXPANDING EMPLOYMENT OPPORTUNITIES FOR LOCAL RESIDENTS WHILE ENHANCING GOODWILL'S MISSION SERVICES PROGRAMS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0303 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Commissioner Reyes: PH.15 -- 16. Chair King: Do I have a motion -- Commissioner Covo: No, 16 was deferred. Chair King: -- for PH 16? Commissioner Diaz de la Portilla: I'll move it. Chair King: Second. All in favor? Commissioner Reyes: Aye. City of Miami Page 40 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 Commissioner Covo: No, 16 -- 16 was deferred, Madam Chair. Arthur Noriega (City Manager): 16 was withdrawn. Todd B. Hannon (City Clerk): Yeah. Commissioner Reyes: 16 was withdrawn. 17 is the one that is on. Chair King: Wait. Commissioner Reyes: Yes, sir. Chair King: I was going with PH.4 -- 15, I'm sorry. Commissioner Diaz de la Portilla: No, PH.15 is the HRM. Commissioner Reyes: It's already passed. Mr. Noriega: No, 15 is not passed. Commissioner Diaz de la Portilla: No, 15 is the Hyatt development. Mr. Noriega: Hyatt. Commissioner Diaz de la Portilla: We have to wait for a full dais on that one, I believe. That's PH.15. Chair King: Do we? Okay. Commissioner Diaz de la Portilla: So, the ones that are mine, my allocations are -- Chair King: PH.17, 18, and 19. Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Carries. City of Miami Page 41 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.18 14243 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE DISTRICT 1 SHARE OF THE CITY OF MIAMI'S MIAMI FOR EVERYONE ("MFE") PROGRAM, ON A LUMP SUM BASIS, IN A TOTAL AMOUNT NOT TO EXCEED SEVEN -HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($750,000.00) ("GRANT") TO EDIFY -A -CHILD, INC., A FLORIDA NOT FOR PROFIT CORPORATION, ("EDIFY -A- CHILD"), IN ORDER TO IMPLEMENT ITS "EDIFY -A -CHILD NEXT STEP PROGRAM," SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0304 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo City of Miami Page 42 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.19 14244 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF MIAMI FOR EVERYONE ("MFE") PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED SEVEN MILLION AND 00/100 DOLLARS ($7,000,000.00) FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF MFE PROGRAMS ("FUNDS") TO CARVER THEATER, LTD., A FLORIDA LIMITED PARTNERSHIP ("DEVELOPER"), TO CONSTRUCT A NEW MIXED -USED AFFORDABLE HOUSING DEVELOPMENT THAT WILL CONTAIN NO LESS THAN FORTY (40) AFFORDABLE HOUSING UNITS FOR ELIGIBLE RESIDENTS WHOSE AVERAGE ANNUAL INCOME IS SIXTY PERCENT (60%) OF AREA MEDIAN INCOME, AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO BE KNOWN AS "LOFTS AT CARVER THEATRE", LOCATED AT 6016 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("PROJECT"), SUBJECT TO COMPLIANCE WITH THE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT GUIDELINES, THE RECEIPT BY THE CITY MANAGER OF THE WRITTEN APPROVAL OF THE PROJECT BY THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED IN THE HCLC APPROVAL (COLLECTIVELY, "HCLC APPROVAL"), AND ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE HCLC APPROVAL. ENACTMENT NUMBER: R-23-0305 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo City of Miami Page 43 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 PH.20 14255 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE FINDING OF NECESSITY REPORT PREPARED BY BUSINESS FLARE, LLC, ATTACHED AND INCORPORATED AS EXHIBIT "A" ("REPORT"), FOR THE CONTIGUOUS EXPANSION OF THE BOUNDARIES OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") TO ALLAPATTAH AND WATSON ISLAND AREAS ("STUDY AREAS"), MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED HEREIN; FINDING THAT THE REBUILDING, REHABILITATION, CONSERVATION, AND REDEVELOPMENT OF THE STUDY AREAS ARE NECESSARY AND ARE IN THE BEST INTEREST OF THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY"); FINDING THAT THE STUDY AREAS CONSTITUTES A SLUM OR BLIGHTED AREA AS DEFINED IN SECTION 163, FLORIDA STATUTES; FURTHER AUTHORIZING THE EXTENSION OF LIFE OF THE OMNI CRA TO 2047; FURTHER APPROVING AND ADOPTING THE OMNI CRA'S 2023 AMENDED REDEVELOPMENT PLAN, ATTACHED AND INCORPORATED AS EXHIBIT "C" ("PLAN"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE EXISTING INTERLOCAL AGREEMENT BETWEEN THE CITY, MIAMI-DADE COUNTY ("COUNTY"), AND THE OMNI CRA IN ORDER TO EXPAND THE BOUNDARIES OF THE OMNI CRA TO THE STUDY AREAS AND EXTEND THE LIFE OF THE OMNI CRA TO 2047; FURTHER DIRECTING THE CITY MANAGER TO WORK WITH THE EXECUTIVE DIRECTOR OF THE OMNI CRA TO TRANSMIT A COPY OF THIS LEGISLATION TO THE COUNTY FOR FURTHER LEGISLATIVE ACTION AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0306 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo NAYS: Reyes Note for the Record: For additional minutes referencing Item Number PH.20, please see "Public Comments for all Item(s)." Chair King: Good afternoon, everyone. Welcome back to the City of Miami Commission meeting for -- Commissioner Reyes.. Welcome back. Chair King: -- July 13th, 2023. We are going to resume with our -- because we just finished the Omni CRA (Community Redevelopment Agency) meeting, I'm going to take up PH.20. Commissioner Reyes: Okay. City of Miami Page 44 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 Chair King: PH.20. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Ditto, same conversation we just had right now, now to the City Commission. Chair King: Do we have a motion? Vice Chair Carollo: Move. Chair King: Second? Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Commissioner Reyes: (UNINTELLIGIBLE). Chair King: I see our CFO (Chief Financial Officer) was about to approach. Larry Spring: Larry Spring, CFO. Just as a matter of the record, we just wanted to put on the record that the -- some of the parameters of the interlocal that we are adopting, we are officially adopting the two findings of necessity, the reaffirmed finding of necessity, the draft, the interlocal -- excuse me, the redevelopment plan and the new draft -- the redevelopment plan and the new draft interlocal. Commissioner Diaz de la Portilla: The new draft of the interlocal. Mr. Spring: Yes. Salient points, obviously, the 1.43 million for the Performing Arts Center, reducing the PAC (Performing Arts Center) contribution from 35 percent to 25 percent, the supportive funding to the Maurice Ferre Park, the amount of $22 million, and ongoing capital improvement costs. Vice Chair Carollo: Excuse me, 20 billion? Commissioner Diaz de la Portilla: 20. Mr. Spring: 22 million. Vice Chair Carollo: Oh, okay. Mr. Spring: I wish, I wish, sir. Vice Chair Carollo: No, no, I -- you got me all excited. Commissioner Diaz de la Portilla: Mr. Spring, enunciate, please. Mr. Spring: I'm sorry. The support for the underdeck, assistance in the redevelopment of the School Board properties, three -- I believe it 's 300 million in development rehab for workforce affordable housing through the end of the CRA. Vice Chair Carollo: What did you say about the underdeck? Mr. Spring: Support, no dollar amount. City of Miami Page 45 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Commissioner Diaz de la Portilla: No dollar amount. Vice Chair Carollo: Okay, no, no, all the support they want. No dollars. Mr. Spring: Just -- Commissioner Diaz de la Portilla: It's phrased that way for a reason. Vice Chair Carollo: We've given a lot of dollars already so it 's in the record. Mr. Spring: All for the record. Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: And I think the $300 million in affordable, attainable, and workforce housing, attainable housing, is a big jump. It used to be at 250 million, so we're adding 50 million additional dollars -- Vice Chair Carollo: Absolutely. Commissioner Diaz de la Portilla: -- for attainable housing, which I think is one of the biggest issues that we're facing right now in the city. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: That 's it? Chair King: So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): It will be as amended. Commissioner Diaz de la Portilla: As amended. Chair King: As amended. Motion and second. All in favor? The Commission (Collectively): Aye. Commissioner Reyes: No. Chair King: 4-1. Item passes, 4-1. Commissioner Reyes: Okay. END OF PUBLIC HEARINGS City of Miami Page 46 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 RE.1 13069 Office of the City Attorney RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE FOLLOWING CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY LOCATED AT 2199 NW SOUTH RIVER DRIVE MIAMI, FL; CASE NUMBER CE2012017388 RECORDED ON AUGUST 11, 2016; AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item RE.1 was deferred to the September 28, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.1, please see "Order of the Day." City of Miami Page 47 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 RE.2 RESOLUTION 14093 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED APRIL 16, 2019 FOR CASE NUMBER CE2017017187 FOR PROPERTY ADDRESS, 736 NORTHWEST 41 STREET, MIAMI, FLORIDA, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.2, please see "Order of the Day." RE.3 RESOLUTION 14254 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION TRANSFERRING FUNDS FROM THE DISTRICT 3 SHARE OF THE CITY OF MIAMI'S MIAMI FOR EVERYONE ("MFE") PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED FOUR HUNDRED SIXTY THOUSAND, FOUR HUNDRED NINETY-SEVEN AND 74/100 DOLLARS ($460,497.74) FOR THE DISTRICT 3 2022 HOLIDAY GROCERY DISTRIBUTION PROGRAM, TO THE DISTRICT 3 ARTS AND ENTERTAINMENT AND DISCRETIONARY ACCOUNTS FOR EXPENDITURES CONSISTENT WITH THE MFE PROGRAM. ENACTMENT NUMBER: R-23-0308 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: We have to wait until after the CRA (Community Redevelopment Agency) meeting to take up PH.20. Commissioner Diaz de la Portilla: Correct. Chair King: So, let's move on to the resolutions. We have RE.3, RE.5, 6. City of Miami Page 48 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 Commissioner Covo: No, 5 -- 5, Madam Chair, was -- was -- 5 is not -- RE.5 is not in. Commissioner Reyes: Madam Chair, I want to pull RE.6. I have my -- Chair King: You want to pull it for discussion? Commissioner Reyes: That's right, for discussion. I have my concern on it. Chair King: Okay. Commissioner Reyes: Okay. Chair King: And you were saying something about RE.5, Commissioner Covo? Commissioner Covo: Is RE.5 -- is RE.5 in? I thought it was deferred as well. Chair King: No, RE.5 is in. Commissioner Covo: Okay. Commissioner Reyes: RE.5 is in. Chair King: Okay, so -- Commissioner Reyes: RE.3 and 5. Commissioner Covo: So, we're pulling RE.6. Chair King: So, we have RE.3, RE.5 -- Commissioner Reyes: RE.8. Chair King: -- RE.8. Commissioner Reyes: And RE -- yeah, and that's it. Chair King: That's it. Commissioner Reyes: Okay, I move it. Chair King: Do I have a motion. Commissioner Reyes: I move it. Commissioner Diaz de la Portilla: I'll second. Commissioner Covo: I'll second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 49 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 RE.4 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: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.4, please see "Order of the Day." RE.5 RESOLUTION 14218 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS CONTINUED SUPPORT FOR RAMON SAUL SANCHEZ'S APPLICATION FOR PERMANENT RESIDENT STATUS ("PRS"); URGING THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES ("USCIS") TO REEVALUATE AND GRANT RAMON SAUL SANCHEZ'S APPLICATION FOR PRS; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-23-0309 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.5, please see Item Number RE.3. City of Miami Page 50 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 RE.6 14265 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE MANAGEMENT AND OPERATION OF THE TOWER THEATER BY THE PERSONNEL OF THE CITY COMMISSION DISTRICT THREE OFFICE; APPROVING USE OF THE BUDGETARY AMOUNTS OF TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($275,000.00) AND FIVE HUNDRED SIXTEEN THOUSAND FIVE HUNDRED DOLLARS ($516,500.00) THAT WERE ALLOCATED FOR THE TOWER THEATER FOR SUCH NEEDS INCLUDING, BUT NOT LIMITED TO, THE FUNDING OF PROGRAMMING AND PERSONNEL, INCLUSIVE OF TWO FACILITY ATTENDANTS AT NINE THOUSAND DOLLARS ($9,000.00) EACH, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE MANAGER'S EXECUTION OF THE MEMO FOR THE DELEGATION OF AUTHORITY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; 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 OF MIAMI ("CITY") 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; AUTHORIZING THE CITY MANAGER TO ALLOCATE AND APPROPRIATE FUNDS AS NECESSARY AND APPLICABLE, PURSUANT TO THE PROVISIONS OF THIS RESOLUTION AND SUBJECT TO ANY AND ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS; AUTHORIZING THE CITY MANAGER TO MAKE ANY CHANGES NECESSARY AND APPLICABLE TO ADJUST, AMEND, AND APPROPRIATE THE CITY'S OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN, AS NECESSARY AND APPLICABLE, PURSUANT TO THE PROVISIONS OF THIS RESOLUTION, RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND THE DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION HEREWITH; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU") WITH THE CITY COMMISSION DISTRICT THREE OFFICE FOR THIS PILOT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SUCH COMMENCEMENT AND EXPIRATION DATES AS PROVIDED THEREIN, AND REQUIRING FUTURE CITY COMMISSION APPROVAL FOR ANY REINSTATEMENT OF THE SAME, CONSISTENT WITH SECTION 2-33(C)(9) OF THE CITY CODE. City of Miami Page 51 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 ENACTMENT NUMBER: R-23-0310 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla NAYS: Covo, Reyes Chair King: We have one RE (Resolution) item that we haven't -- and that will conclude if we take up this RE item, management and operation of Theater Tower. Would you like to take that up now? Commissioner Reyes: Oh, my pleasure. Yes, I did express during our agenda briefing that I have great concern of this initiative, the City Manager's initiative, to pass the administration of City assets to a commissioner, regardless of who the commissioner is, to a commission office. I don't agree with that, and I think that what we going to do is we are going to open up a Pandora's box, because how about if the commissioner of District 2 wants to administer a marina. As a matter of fact, I am in a process of starting a community center at Douglas and another community center, Badias, which is in Flagami. I don 't believe that I should be -- I or any commissioner should be administering any City assets because it is a very dangerous mixture of having the power to say who is going to do what, who is going to -- and you have the power of veto, who is going to be the participant, who is going to come, and politics will take place in it. And besides that, I don't want -- I don't think that we should be administering any of these venues or assets that are income generating and that we're paying for it. So, therefore, in all clear conscience, and that's my philosophy, I am going to vote against it. And I want -- I'm asking that you reconsider because one thing is to provide the commissioner of the area, I mean, where the asset it is located, with a -- I mean, with a certain, I will not say privilege, but to be informed of what is going to go on, going on, to ask for their opinion, what is best for the community, et cetera, et cetera, than to give total control of that asset to any commissioner, including me. That is why I believe that it's not good policy, and you're setting a precedent that could later on create problems. And that's why I want you, Mr. City Manager, to reconsider that. And if you can reform it in a way that we commissioners, we have influence and we have our input is taken into consideration, fine. But total control of a venue or any City asset by a politician, by a commissioner, I don't agree with it. It's against my principle and I'm going to vote against it. Now, if the rest of the commission want to vote for it, that's fine. Okay. Commissioner Covo: Madam Chair. Commissioner Diaz de la Portilla: Madam Chairwoman. Chair King: Ladies first. Commissioner Covo: Well, can we get some -- Commissioner Diaz de la Portilla: Always, always. Commissioner Covo: -- clarification on the record, Mr. City Manager, on what would be the benefit, and let's compare if District 2 would want a marina with the Towers Theater? That would be my question. Commissioner Diaz de la Portilla: Well, the -- City of Miami Page 52 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Commissioner Covo: Like what's the benefit? Let's say that the marina is operated in the right way at the moment versus what can happen. Arthur Noriega (City Manager): So, let me kind of -- can I step back a little bit and kind of give a little bit of the history of this project and this building in particular, right? So, this was managed for quite a long time by Miami Dade College and managed in a fairly limited capacity. It was really just really a movie house. They had, you know, showcased really during the Miami International Film Festival and then an ongoing movie series there. When we took back the management of the theater itself, the thought was to add some additional elements in terms of programming. One being beyond just movies to actually be able to modem and adjust some of the physical characteristics of the actual theater itself to be able to do production there, actual theater production. Also to embed a welcome center there and then to be able to do exhibit space there. We have a Celia Cruz exhibit that's going to actually come online hopefully sometime next week. So given the nature of the uniqueness of that particular theater, and I know it's not a natural, organic way to do it. I managed the Gusman Theater for 20-something years as head of the Miami Parking Authority, so we 've done some things historically that haven't exactly been, I would call kind of mainstream, right? But d fference between what we did at Gusman and particularly what we're doing at Artime as an example, is those are basically rental halls, right? You have somebody else that comes in, rents the facility, operates it, pays us a rent, and then they're gone. In this particular case, we are going to have our own -- our intent was to have our own internal organic programming there, you know, not farm it out to somebody else. Not use it as a rental facility, that was the intent. To do that, it requires, I think, some very unique skilled people to be able to manage that operation, right, and oversee it. So, the idea was to propose this as a pilot, right, in part to be able to onboard individuals that we thought would fit that programming need, and be kind of unique in terms of how we operate it, you know, on a daily basis. We looked at a couple of derent options, right, in terms of how to do that. Either, you know, farm it out to an outside entity. For expediency purposes, we thought the cleanest, not necessarily the easiest, most straightforward way because it is a little awkward to do it, to have the -- a district office manage the operation. It's not -- you know, it's not a normal practice, and it is a little outside the box. But we thought we'd do it as a pilot, see how that program and that operation worked, right, for a limited period of time, and then re-evaluate it. And then if at that point we feel like, hey, it may be better suited to outsource it to a third party operation -- Commissioner Covo: For how long? Mr. Noriega: One year was really going to be the marker. It can be shorter than that. It's -- I'll leave it to the Commission to sort of give me some counsel on that. But I was just trying to really solve a problem in terms of timing and in terms of staffing. But you know, it could have really taken on a couple of derent iterations. This was the one we sort of fell on in terms of just ease. It 's not -- again, it's not as straigh forward and natural a transition as we would all expect. I just think given the significant change in how we're programming that theater, this seemed like just an easier fit and an easier transition in the short to medium term. Commissioner Reyes: Madam Chair, Madam Chair. Chair King: He had asked to speak before -- Commissioner Reyes: Oh, I'm sorry. Chair King: -- Commissioner Covo. Commissioner Diaz de la Portilla: Yeah. City of Miami Page 53 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Chair King: I just overlooked -- Commissioner Reyes: I just wanted to ask, I mean, just -- you have the experience because you managed, I mean, a theater before. And I believe the asset -- the City assets should be managed by the administration or anybody that they assign management to. And that's the way it should be. That 's why we have a manager. And that's what I -- and those hiring you can do. And if there are people that are working now and they are proficient and they know what they're doing, just go right ahead and manage it. My only concern is to be under, under the total control of any elected official, including me. That's it. Chair King: Commissioner. Commissioner Diaz de la Portilla: What I would like to request, Madam Chairwoman, is that we wait until we have a full dais on this issue since it does impact -- Commissioner Covo: I agree. Commissioner Diaz de la Portilla: -- the Commissioner from the district that we're talking about and he 's not here. Commissioner Covo: Not only that, I would request more information as well, Mr. Manager. Commissioner Diaz de la Portilla: So, we have a couple of hours to allow the Commissioner -- Chair King: No, absolutely. Commissioner Diaz de la Portilla: -- to be here and have the conversation with the full -- Chair King: Absolutely. Commissioner Diaz de la Portilla: Well, no, we can wait for him to be here. I think it's the collegial thing to do. Commissioner Reyes: And just for the record, this is nothing personal. It is not against anybody because I'm including myself. I'm including myself as not -- of being -- not having the right to -- the right or the assignment of any of the assets for me to do with it as I please, no. Chair King: Okay. [Later... Chair King: Let's take up RE.6. I believe before we left, I had a motion and a second; correct, City Clerk? Todd B. Hannon (City Clerk): It was only tabled. Commissioner Reyes: It was tabled. Mr. Hannon: There was discussion that had started, and then it was tabled -- Chair King: Right. City of Miami Page 54 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Mr. Hannon: -- but there was no motion or second. Chair King: There's no motion or second, okay. May I have a motion and a second for discussion purposes? Commissioner Diaz de la Portilla: I will move it. Chair King: Second. Vice Chair Carollo: Second. Chair King: I second it. Vice Chair Carollo: Okay, you second? Chair King: Okay. Vice Chair Carollo: Okay, she seconded it. Chair King: I seconded it. Vice Chair Carollo: Okay, so -- Vice Chair Carollo: There was -- Commissioner Reyes: Madam Chair, I don 't want to take more time about this. Commissioner Covo: Are we doing the --? Commissioner Reyes: We have an argument. I don't agree with the proposal by the City Manager, and I stated my reason. You see, I think that the City assets should be managed by the manager, that's why we have a manager, or somebody that is assigned by the manager that is their expert and all of that. So, you can -- Commissioner Covo: Madam Chair -- Commissioner Reyes: -- also -- you can call also the roll and let's (INAUDIBLE). Chair King: Okay, Commissioner Covo? Commissioner Covo: I am with Commissioner Reyes on this one. Chair King: Okay. Vice Chair Carollo: Let me explain. Commissioner Covo: But of course, Commissioner Carollo, if you want to give more clarification. Vice Chair Carollo: Yeah. Commissioner Covo: No, no. Vice Chair Carollo: Let me explain and I think Commissioner Reyes said it right, you know, we could each have our own opinions. That doesn't mean that we're against anything or anyone, just we have derent opinions. And we do that here all the time and respect and work with each other. I've got to get closer, I think. But the -- let me be very, very clear on this. I don 't need any more work for me or for my staff. I got City of Miami Page 55 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 plenty, I assure you. In this particular case, I wish that we had the people within the city government or out there that the City could try to find on its own and try to put this at work as quickly as possible. The realities are that it does not. To have kept the tower the way that it was before, after some maybe $7 million that we had invested on it, to refurbish it all again, not to mention the million plus that we gave, that by contract, when they took the management contract -- Miami -Dade I'm talking about -- we didn 't have to give them another penny. We still gave them another million plus for maintenance and to buy other stuff. And it was the only facility in the whole city that we agreed that they did not have to pay us the surcharge for tickets that every facility does, so they could invest it into the tower again. But the bottom line was that there was very, very, very, very, very few people that were going there. It was not serving the vision that I think the City had when it gave it to Miami -Dade. In fact, correct me if I 'm wrong, Madam City Attorney, Mr. Manager, Mr. Clerk, I don 't know which of you has been here the longest, since the City gave this to Miami -Dade, it was like for 20 years, it was the same chairs that have been used there, right? We -- no one's put any new chairs into that place. It was the originals that we paid way back. Mr. Noriega: I mean, I've been in the theater, I've been in both theaters. It doesn't look like any of the seating is new or -- Vice Chair Carollo: No. Mr. Noriega: It looks like the original that was installed when the renovation was done originally. Vice Chair Carollo: Yeah, that 's exactly what I believe in because there's no additional money that we put into it. And even after 20 years that we open up the place, you go there, and I pointed that out to one of the TV stations today, those chairs looked like they're brand new, like we put them in yesterday. And you know why? Because they had no use. There was nobody going there. If you would have had the traffic that you would expect a theater like that to have, in 20 years, those chairs, they would have looked really scroungy now. We would have had to replace them. But they still looked like new because no one was using them. And what we intend to do there now is to have four main facets in the Tower Theater. We will still be showing movies. We are going to have live theater of the best theater anywhere near in Florida, or I would dare say the world. And some of the top theater producers are lining up already to be able to see who could be the first major ones that start with us. Third, we're going to have constant rolling art cultural exhibitions. The first one is starting at the end of this month. That 's on Celia Cruz. A lot of her own personal artifacts are going to be shown in the lobby, in the upstairs of the theater, in the second floor lobby also, not just the first floor, a lot of her personal stuff that has never been seen before. And last but not least, the fourth element is going to be that in the ticket counter out front, it's going to be made into a Visitors and Convention Welcoming Center so that we could promote not just Little Havana, but the city as a whole. We want to be able to promote Flagami, Coconut Grove, Allapattah, Wynwood, the Design District, Little Haiti, Liberty City, Lyric Theater in Overtown, the museums that we have in downtown, and so many more that our city has to offer so that we keep those visitors and tourists spending their money within the city of Miami, creating more jobs in our city, and helping our business more. I -- you know, frankly, if any one of my colleagues know of individuals that could run this, I 'd be more than happy to say, "Hey, this is what we've done so far, come on board." But that's not what I've seen. And we want to get this off the ground, running already. And hopefully, the city administration can see what we're doing in a short time, and if they could pick up and run with it, I'd be the happiest guy around. But bottom line is that what we're going to do is give the amount of traffic, the amount of people that this place deserves to have, and we're going to keep it at a budget that's within the price tag that our residents could afford. Obviously, that also means that there's going to be a discount on everything there for City residents -- City of Miami Page 56 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Commissioner Reyes: Good. Vice Chair Carollo: -- to go, and seniors in particular. So, that's the reason we're doing this, so we could proceed as quickly as possible. Look, Commissioner, I understand your feelings, and I know it's nothing personal. I understand that. Commissioner Reyes: Oh, good. Vice Chair Carollo: But this is the only reason we 're doing this. You saw what we've done, because you've been part of it, with Fridays in Little Havana. We started with one Friday of the month. And we're now, we're basically every Friday of the month we have it busy. And we're providing the best entertainment anywhere in South Florida. We're bringing not just local talent, but national and international talent, Grammy winners, Latin Grammy winners, all kinds of talent that if they go somewhere else, you've got to pay a hefty price to get a ticket, ifyou can get a ticket in some cases. And we're also giving the opportunity to a lot of the locals to have tents, to sell their artwork, in some cases, some food, et cetera. And that 's been a huge success. And as you know, a tremendous amount of work that it entitles. You know, frankly, sometimes I wonder why the heck did I get myself into this, because now I can't stop. But it's for our people. So, that our residents, in particular times like this that everything is sky high, can receive some free top-notch entertainment that they could have at least one day out of the week that they can enjoy, relax, know that they could go and have a family affair that they're going to enjoy without spending any money. And obviously with the tower, you know, we are going to have to charge something for people to come in, but it's going to be within the reach of most pockets. And, you know, the quickest that we could get it running and make sure that the City could carry that on, the happier that I would be. Commissioner Reyes: Okay. Vice Chair Carollo: After all, neither me nor you nor any of us are going to be here forever, so someone's going to -- Commissioner Reyes: No, I know that. Vice Chair Carollo: -- know how to do it. Commissioner Reyes: I know that. And that's maybe the City would be better off. Madam Chair, may I answer that? I have no doubts that you 're a great promoter, because I've seen the way that you have done that, but that 's not the principle of it. That is not my objection. My objection is that I don 't believe that neither one of us should have total control of any City asset. You see, if you can participate, I can participate, I could advise, and all of that. But that total control of hiring, firing, and who is going to manage it or not, that 's the job of the City Manager. And if the City Manager has to appoint me to run any of assets in the City, in my district, I think that we have to get a new manager. You see, it is just like that. It's as simple as that. It 's as simple as that. I don 't want to mix politics with City assets that you can control, and you can decide which one -- I mean, what is going to be done there. Furthermore, furthermore, I don't want to set a precedent that, as you all said it, I'm not going to be here forever, neither is going to be District 2. The next person that comes to that seat or Ms. Covo, she can say, "Okay, I want to run Dinner Key Marina," you see? Commissioner Covo: Commissioner Reyes is firing me. Commissioner Reyes: Okay. I want to -- City of Miami Page 57 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Commissioner Covo: What's going on? Commissioner Reyes: And that is the precedent. Commissioner Covo: I'm being supportive. Commissioner Reyes: So I -- that 's -- it is -- my philosophy is that we should -- as commissioners, we shouldn't be involved in running any of the assets. Politics and those assets that they are revenue generating should be run by the Manager or somebody that the Manager has hired or we have voted for that person or that individual. I -- Commissioner Covo: Madam Chair. Commissioner Reyes: -- I'm not saying anything that it goes against you or what you have done, and I am not judging what Miami Dade Community College did. What I'm saying is that the principle of -- I mean, I want to avoid opening a Pandora's box, Pandora's box. And that's why I'm voting against it. I mean, hey, listen, you have the votes. Let's vote it, and then there's no need to argue about this. Commissioner Covo: I -- Madam Chair, I just want to make a comment. I think that this is the perfect moment to set a precedent. And Commissioner Reyes, I am supportive of your argument because I don 't want to open up a Pandora's box. But I think now is the moment for us to look back in time and see what we were doing wrong, to get to a moment where the city -- and I'm not saying that the Manager has done a bad job because you actually run theaters, like the Gusman Theater. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Covo: But I -- no, but I think that it's important that, okay, we'll do the pilot program because we want to reopen it for the people. I'm still going to vote no because I don't want to open the Pandora box. I don't want to have someone totally manage one city asset from our commission because we're all together, right? However, I do think that this is a perfect moment to look into the future and see how can we -- and again, and I think I said it in a previous commission -- legislate better so we don 't get to this point. Commissioner Reyes: That 's what -- I agree with you. Commissioner Covo: Because we shouldn 't be at this point. Chair King: Okay. Commissioner Reyes: Okay. Chair King: I think we've heard from all of my colleagues. What has sold me is that the Manager said it 's a pilot program, correct? So, in a year, we can revisit this and see how it's working or if it's not working. Commissioner Covo: Agreed. And if it works, wonderful. Chair King: So, and that is why I'm in favor of it, because we are not putting anything in stone today. So, let 's take our vote. Commissioner Reyes: Yeah, that's it. Chair King: All in favor? City of Miami Page 58 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 The Commission (Collectively): Aye. Commissioner Covo: No. Commissioner Reyes: No. Chair King: Three yeas, two nays. Commissioner Reyes: That's it? You pass it and that's it? Now let's keep on going. Vice Chair Carollo: May I make one last statement, Chair? Chair King: Yes. Vice Chair Carollo: The Manager still has the last say here. He is the city manager. So, if the Manager sees anything that he doesn 't like or he doesn 't feel that is in the best interest of the Tower or the City, the Manager has the right to come back to this Commission so this body could take a different action. Last but not least, I'm certainly not going to run this. I don't know where the politics is going to be on theater for humor, for movies, maybe what the commissioner might have been referring to is movies like Plantados, that's on the -- Commissioner Reyes: No, no, no. Vice Chair Carollo: Well, that's a political point of view, so maybe that's what you meant, but absolutely we're going to have movies like that. Commissioner Reyes: I supported Plantados. Vice Chair Carollo: We have movies like that. In fact, we have one that we played from the same maker of Plantados this weekend in the theater. I'm not going to be running it. I just have been lucky that I've been able to put together the best professionals for theater and running theater and more, so they could be the ones running it. The Manager will be the one that at the end will be able to oversee it and give his input and decide what he wants to do. So, I just wanted to say that for the record. Commissioner Reyes: That's right. And I want to say for the record, you mentioned Plantados, Plantadas, and the horse, El Caballo, and I have been a contributor to all of the three. And I want everybody that has a point of view and all -- I want everybody to be able to use it. I don't want any politics on it. And I don't believe, I still say it, I don 't believe that any one of us, including me, should be running any city asset. And (UNINTELLIGIBLE) said that next -- next issue. Chair King: Yes. Let's go to the next issue. City of Miami Page 59 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 RE.7 14045 RESOLUTION MAY BE WITHDRAWN Office of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION Improvements AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SITE ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH COMMUNITY DEVELOPERS, LTD. ("CDL") TO GRANT ACCESS TO CITY OF MIAMI CONTRACTORS IN ORDER TO CONDUCT ENVIRONMENTAL SITE ASSESSMENTS AND REMEDIATION FOR PROPERTIES LOCATED WITHIN FOLIO NUMBER 01-4120- 004-0260 ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING NON -SUBSTANTIVE AMENDMENTS, RENEWALS, OR EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item RE.7 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.7, please see "Order of the Day." RE.8 RESOLUTION 14268 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION MODIFYING THE REQUIREMENTS AND GUIDELINES OF RESOLUTION NO. R-23-0052 WHICH AUTHORIZED AND DIRECTED THE CITY MANAGER TO AUTHORIZE THE SALE OF PROPERTIES BEING DEVELOPED INTO AFFORDABLE HOUSING TO QUALIFIED APPLICANTS BY PROCESSING APPLICATIONS ON A FIRST COME, FIRST READY, FIRST SERVE BASIS AND IN COMPLIANCE WITH THE REQUIREMENTS OF 24 CFR PART 92 ALSO KNOWN AS THE HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME"), AND THE REQUIREMENTS OF THE NEIGHBORHOOD STABILIZATION PROGRAM ("NSP") WHICH IS SUBJECT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM RESTRICTIONS AND/OR OTHER CDBG ACTIVITIES; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0311 City of Miami Page 60 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.8, please see "Public Comments for all Item(s)" and Item Number RE.3. END OF RESOLUTIONS City of Miami Page 61 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 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 Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item FR.1 was continued to the September 14, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.1, please see "Order of the Day" and "Public Comments for all Item(s)." FR.2 ORDINANCE First Reading 14147 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS" TO AMEND THE CITY CODE TO ALLOW FOR DIGITAL TECHNOLOGY SIGNS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item FR.2 was deferred to the July 27, 2023, City Commission Meeting. City of Miami Page 62 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 Note for the Record: For minutes referencing Item Number FR.2, please see "Order of the Day." FR.3 ORDINANCE First Reading 14247 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING TO PIVOTAL UTILITY HOLDINGS, INC. D/B/A FLORIDA CITY GAS, ITS SUCCESSORS, AND ASSIGNS, A NON-EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF MIAMI ("CITY") AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR PAYMENTS TO THE CITY DURING A TERM OF TWENTY (20) YEARS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Commissioner Reyes: Okay. Chair King: Hold on. Let me go back to make sure I've notated it. RE.3 passed, RE.5 passed, and you pulled RE. 6 for discussion. Commissioner Reyes: Okay. Chair King: Do we want to take up the --? There's only one first reading item. Do I have a motion for FR.3? Commissioner Reyes: Move it. George Wysong (Deputy City Attorney): Let me read the title. Commissioner Diaz de la Portilla: Hold on. Chair King: Yes, after we get a second. Commissioner Covo: I second. Chair King: I got a second. Would you please, City -- Mr. City Attorney, read into the record the title? Todd B. Hannon (City Clerk) : My apologies, Chair. Who was the seconder? Chair King: Commissioner Covo. Mr. Wysong: Yes, Madam Chair. City of Miami Page 63 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 The Ordinance was read by title into the public record by Deputy City Attorney George Wysong. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Reyes: Okay. END OF FIRST READING ORDINANCES City of Miami Page 64 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.1 8938 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 65 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.2 14039 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 66 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.3 6672 Office of the City Clerk BC.4 13708 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mercedes Anne Russ Commissioner Sabina Covo Mary Lugo Commission -At -Large Jorge Suarez -Menendez Commission -At -Large ENACTMENT NUMBER: R-23-0313 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: Mr. City Clerk, do we have any boards and committee appointments? City of Miami Page 67 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.5 13122 Office of the City Clerk BC.6 13408 Office of the City Clerk Todd B. Hannon (City Clerk): Yes, ma'am. BC.4, Bayfront Park Management Trust, Vice Chair Carollo would like to reappoint Mary Lugo and Jorge Suarez Menendez to the at -large seats. And Commissioner Covo will be appointing Mercedes Anne Russ. Chair King: You need a motion? Mr. Hannon: Oh, and if we have a motion for the same. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: I'll move it. Chair King: We have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Rodrigo Bilbao Mayor Francis Suarez Sarahi A. Perez Commission -At -Large ENACTMENT NUMBER: R-23-0314 City of Miami Page 68 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: A motion was made by Commissioner Reyes, seconded by Commissioner Diaz de la Portilla, and was passed unanimously, with Vice Chair Carollo absent, to appoint Rodrigo Bilbao as a member of the Climate Resilience Committee, further waiving the residency requirements of Section 2-884(b) by a four -fifths (4/5ths) vote of the members of the City Commission, as it relates to Rodrigo Bilbao as a member of the Climate Resilience Committee. Chair King: Does that conclude the boards? Todd B. Hannon (City Clerk): No, I still -- Commissioner Diaz de la Portilla: No. Mr. Hannon: -- have a few more. Chair King: Okay. Mr. Hannon: BC.6, Climate Resilience Committee. Mayor Suarez would like to appoint Rodrigo Bilbao with a four -fifths residency waiver. And Chair King will be appointing Sarahi Perez to an at -large vacant seat to represent a member between the age of 18 to 25. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion -- I didn't hear Commissioner Covo. Motion carries unanimously. City of Miami Page 69 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.7 6958 Office of the City Clerk BC.8 14040 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Brenda Betancourt Commissioner Manolo Reyes Alexander Bucelo Commission -At -Large (At -Large Member) ENACTMENT NUMBER: R-23-0315 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: A motion was made by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes, and was passed unanimously, with Vice Chair Carollo absent, to appoint Alexander Bucelo as a member of the Code City of Miami Page 70 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 Enforcement Board, further waiving the residency requirements of Section 2- 884(a) by a four/fifths (4/5ths) vote of the members of the City Commission, as it relates to Alexander Bucelo as a member of the Code Enforcement Board. Todd B. Hannon (City Clerk): BC.8, Code Enforcement Board. There is one at -large vacant seat. Commissioner Diaz de la Portilla would like to appoint Alexander Bucelo with a four -fifths residency waiver, and Commissioner Reyes would like to appoint Brenda Betancourt. But there's one at -large vacant seat. Commissioner Diaz de la Portilla: I -- we had discussed -- I'm sorry, Madam Chair. Commissioner Reyes: Hold on a second. And we have -- I have a vacancy due to my appointee resigned. Mr. Hannon: Yes, sir. Commissioner Reyes: I would like to appoint Brenda Betancourt into that position because she was an alternate, now as a permanent. Mr. Hannon: Understood. So, you '11 be appointing Brenda Betancourt -- Commissioner Reyes: That's right. Mr. Hannon: -- to your vacant -- your seat -- Commissioner Reyes: That's right. Mr. Hannon: -- your vacant seat. So, then that would leave Alexander Bucelo with the four -fifths residency waiver for the at -large vacant seat on the Code Enforcement Board. Commissioner Diaz de la Portilla: Correct. And then, Madam Chairwoman, and I believe that we had spoken yesterday, Todd, about Marty Zilber for the alternate position. Mr. Hannon: So, if we could take the motion first on the appointment for Brenda Betancourt to the Commissioner -- Commissioner Reyes' vacant seat -- Commissioner Diaz de la Portilla: Yes, sir. Mr. Hannon: -- so that opens up then the alternate at -large seat. Commissioner Diaz de la Portilla: Let's do that. Okay, let's do that. Chair King: Okay, so I have a motion for the at -large and the vacant seat. Commissioner Reyes: That 's right. Chair King: I have a motion and a second. Commissioner Covo: So, Bucelo and Brenda? Chair King: Yes. Commissioner Diaz de la Portilla: Yes. Commissioner Covo: Okay, that's it. City of Miami Page 71 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.9 14041 Office of the City Clerk Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 72 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.10 14042 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 73 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.11 5976 Office of the City Clerk BC.12 13125 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 AFSCME 871 RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Michael Waldore Puck Commissioner Sabina Covo City of Miami Page 74 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.13 7963 Office of the City Clerk ENACTMENT NUMBER: R-23-0316 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Commissioner Reyes: Okay, now -- Chair King: Do you have any more? Todd B. Hannon (City Clerk): Yes. BC (Boards and Committees) -- Chair King: Okay. Mr. Hannon: I'm sorry, I was just taking some notes there. BC. 12, Finance Committee. Commissioner Covo will be appointing Michael Waldore Puck. Chair King: Do I have a motion? Commissioner Reyes: Move it. Commissioner Covo: Second. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 75 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.14 13714 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Sergio Molina ENACTMENT NUMBER: R-23-0317 NOMINATED BY: Commissioner Sabina Covo MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: A motion was made by Commissioner Reyes, seconded by Chairwoman King, and was passed unanimously, with Vice Chair Carollo absent, to appoint Sergio Molina as a member of the Lesbian, Gay, Bisexual, Transgender, Queer ("LGBTQ") Advisory Board, further waiving the residency requirements of Sections 2-884(b) and 2-1351(b) by a four -fifths (4/5ths) vote of the members of the City Commission, as it relates to Sergio Molina as a member of the Lesbian, Gay, Bisexual, Transgender, Queer ("LGBTQ") Advisory Board. Todd B. Hannon (City Clerk): BC. 14, LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer) Advisory Board. Commissioner Covo will be appointing Sergio Molina with a four -fifths residency waiver. Commissioner Reyes: Move it. Chair King: Second. All in favor? The Commission (Collectively): Aye. Mr. Hannon: That concludes the boards and committees. Thank you, Chair. Chair King: Thank you. City of Miami Page 76 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.15 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 77 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.16 8805 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 78 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.17 9270 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 79 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.18 14043 Office of the City Clerk BC.19 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 80 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 BC.20 11273 Office of the City Clerk BC.21 13716 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Sabina Covo RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES City of Miami Page 81 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 DI.1 14172 City Manager's Office DI - DISCUSSION ITEMS DISCUSSION ITEM A DISCUSSION OF THE MIAMI CITY COMMISSION FOR THE PURPOSE OF PROVIDING AN UPDATE REGARDING CITY HALL SECURITY MEASURES. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number DL1, please see "Public Comments for all Item(s)." Chair King: At this time, we have discussion items. DI.1, City Hall security measures, would we like to take up that discussion item? Commissioner Reyes: Yes. Let's get it over with. Commissioner Diaz de la Portilla: Chief you 're going to do the presentation? I thought we were going to meet before to talk about some of the things that we -- we haven 't had a chance, but you're going to give us an update where you are, right? Manuel Morales: Manny Morales, Chief of Police. So, in regards to DI. 1, back in March we conducted -- in combination with the fire marshals, our shield unit, and our real-time crime center, conducted a comprehensive check of the premises of the entire building, interior and external. We came up with some recommendations in regards to dealing with potential internal/external threats to it. As we decided, the operational plan that covers safety measures is exempt from Florida statute and federal guidelines as it relates to operational safety and guidelines of a secure facility. So, we will be discussing it with each commissioner at large, getting the recommendations on it, and then making a formal recommendation that the City Manager will be on it. But if there's any questions that I might be able to address now, I'm more than happy to. Chair King: Commissioner? Commissioner Diaz de la Portilla: Thank you. Are you looking into security for district offices as well, or are you only looking at City Hall? Mr. Morales: I'd rather discuss that offline. Commissioner Diaz de la Portilla: Okay. Offline being sometime today, right? Mr. Morales: Yes, sir. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: No, I don't have any questions. I already met with the chief and I gave him my opinion and what I thought was efficient, which I'm not going to divulge here because it's recorded. Mr. Morales: Sure. City of Miami Page 82 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Commissioner Reyes: And he asked me not to divulge because of the security reasons. So, he has my comments, and all of you guys could -- Commissioner Covo: Since this is new to me, I would want to meet with you, Chief. Mr. Morales: Absolutely. Commissioner Covo: Because I need to get a better understanding. Commissioner Reyes: Yes. Commissioner Covo: I just want to make sure that we are not, I would say, blocking privacy for the citizens to be comfortable to come to City Hall. Mr. Morales: Absolutely. Commissioner Covo: So that's a question. And I want to see how the whole operation, I want to see the cost. So I -- you know, I have not met with the chief. Commissioner Reyes: I just want to make a comment that I have heard from previous administration that there were -- the intent of having more cameras in City Hall, all of that. And it was turned down because of privacy arguments. This is a public building. There is no privacy here. People should know who comes in and who comes out, who goes where, and who doesn't go where. Privacy, it is in your home. It's my opinion. This is the people's house. They should know who is coming in and out. And that argument, I am throwing this because I want, if somebody brings the privacy issue, I want you to know where I stand on that. Commissioner Diaz de la Portilla: Excluding the bathrooms, of course, right? Commissioner Reyes: Well, bathrooms, it all depends, you know, if it is in your office or if it isn't. Commissioner Diaz de la Portilla: Of course Commissioner Covo: But Commissioner -- Commissioner Diaz de la Portilla: Or yours. Commissioner Covo: -- I heard something regarding a key card. How does that work? Mr. Morales: So -- Commissioner Covo: You '11 brief me after. Mr. Morales: Yeah, correct. So, I will -- Commissioner Covo: Because you 're going to -- okay. Mr. Morales: I just want to assure every commissioner here that what we're striving is to have a plan that does offer a balance between safety and -- Commissioner Diaz de la Portilla: Privacy. Mr. Morales: -- any type ofprivacy concerns that you might have. Commissioner Diaz de la Portilla: Madam Chairwoman. City of Miami Page 83 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Mr. Morales: Even though it's a public building like Commissioner De La Portilla mentioned, there's some areas that should be -- Commissioner Diaz de la Portilla: Sure. Mr. Morales: -- kept away from that. Commissioner Diaz de la Portilla: You are aware, Chief that there were two shots fired into my district office on July 4th, the 3rd or 4th, into one of my district offices? Mr. Morales: I know we had a report of incidents that happened nearby. Commissioner Diaz de la Portilla: That's why I asked you about district offices. Mr. Morales: Yeah, absolutely. Commissioner Reyes: Okay. Chair King: If that concludes your report, thank you, Chief. Arthur Noriega (City Manager): If I may, just for purposes of clarification, Madam Chair. There's been a couple of references to cost involved in this. So, once a final plan is determined based on all the feedback we get here, right, a final cost would have to come back to the Commission anyway for approval so just be aware. I mean, it will be sort of kind of somewhat of a generic proposal when we come, so we don 't give -- divulge any of the details. But that final cost approval to whatever expenditure is made will obviously come back to the Commission for approval. DI.2 DISCUSSION ITEM 14065 Climate Resilience Committee DISCUSSION ITEM FOR THE CITY COMMISSION REGARDING A RESOLUTION FROM THE CLIMATE RESILIENCE COMMITTEE RECOMMENDING: YOUTH RESOLUTION - A RESOLUTION OF THE MIAMI CLIMATE RESILIENCE COMMITTEE RECOMMENDING TO THE MIAMI COMMISSION AN ORDINANCE AMENDING CHAPTER 2/ARTICLE XI/DIVISION 18/SECTION 2-1272 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW FOR YOUTH SEATS TO BE FILLED BY A MEMBER WHO LIVES, WORKS, OR IS ENROLLED AT AN EDUCATIONAL INSTITUTION WITHIN THE CITY OF MIAMI. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number DL2, please see "Public Comments for all Item(s)." Chair King: It is now 12 o 'clock. The will of the body, do we want to fi --? Commissioner Covo: I'm starving. Chair King: You're starving? Commissioner Reyes: She's hungry. City of Miami Page 84 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Commissioner Diaz de la Portilla: Join the crowd. She's hangry. Chair King: We have one, two, three. We have three more discussion items. Do you want to table the discussion items and come back after lunch, take up the Omni CRA (Community Redevelopment Agency) meeting -- Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Okay. Chair King: -- before we go to lunch? Commissioner Diaz de la Portilla: After we come back. Chair King: After we -- Commissioner Diaz de la Portilla: We're looking for a full dais and Commissioner Carollo 's not here yet. Chair King: Okay, so -- Commissioner Diaz de la Portilla: So, right before we come back -- if we 're coming back at 3 or 2:30, or whenever you want to come back. Chair King: How about, can we take up the youth membership? Commissioner Diaz de la Portilla: Yeah. Chair King: Real fast. Commissioner Reyes: Sure. Commissioner Diaz de la Portilla: Yeah. Chair King: Who 's here to present for the youth membership? Good afternoon. Sonia Brubaker: Good afternoon. I'm Sonia Brubaker, the Chief Resilience Officer, and we have a member of the Climate Resilience Committee to discuss. Nkosi Muse: Thank you, Sonia. Good morning. I'm Nkosi Muse, vice chair of the Climate Resilience Committee. Chair King: And who are you appointed by? Mr. Muse: You, District 5, I would say. I want to bring to the point what we proposed in this resolution, which is expanding the criteria of the youth seats. As such right now, they are only limited to what you heard in public comment, to folks that live within the City of Miami. However, there are many youth via the organizations like Miami Climate Alliance, CLEO Institute that have a vested interest in the City of Miami's climate resilience as the most influential city in the county that live outside. But they attend school within the county, whether it be the Rosenstiel Campus, whether it be Miami -Dade Community College, that have an opportunity to participate in this committee. So we ask that you expand the criteria to what is present already for the other seats, which would be if you attend school or you work in the City of Miami in addition to living in the City of Miami. City of Miami Page 85 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Chair King: Mr. City Attorney, don 't we have an exemption for someone because we just passed people on the board with a four -fifths exemption for persons who do not live in the City of Miami? Does that not apply to this? George Wysong (Deputy City Attorney): I think it could, but I think the board wanted to open it up so that you wouldn't have to come to the meeting and do the four -fifths votes, that you could just select students that go to school in the city but are from outside the city. So, yes, you could accomplish it that way as well, but this is just, I guess, streamlining the process. Mr. Muse: It would also open up for more applications as well because a lot of folks see it on the site and they say, only if you live in the city of Miami. If we change the language, it would be more inviting. Chair King: Well, I think we could accomplish that by putting the exception language there. Even if you don 't live in the city of Miami, you can get a four -fifths vote and be a part of the committee, a youth member, I think, because it's not prohibitive now. We would just need to vote on it as a body. Commissioner Diaz de la Portilla: Correct. Chair King: I don 't know if -- Mr. Wysong: And this is just a discussion item, so if you were to make that change, we'd have to come back with some legislation. Chair King: Okay. So, let me work with you on the language for that, to come back for it, but just so you know, it can happen. But I'll work with you on language for a resolution to bring back. Mr. Muse: So, you 're saying it can happen already if the committee or the Commission votes on it four -fifths vote? Chair King: It can, yes. Mr. Muse: Okay. Commissioner Diaz de la Portilla: But that 's for every individual member. Chair King: Right, for -- Commissioner Diaz de la Portilla: It has to come back to us no matter what, as all boards do. Mr. Muse: To be appointed, right. Commissioner Diaz de la Portilla: Yes, but -- Chair King: If you 're not -- if you don 't live in the city of Miami. Commissioner Diaz de la Portilla: If you don't live in the city. Mr. Muse: Got it. Chair King: And we did that. We just did that for at least two -- Commissioner Diaz de la Portilla: Yeah. City of Miami Page 86 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Chair King: -- board appointments. Commissioner Diaz de la Portilla: I think we're going to get there anyway, Madam Chair. We're going to get there, just have to come up with the right language. Mr. Muse: Okay, so it's appropriate to tell folks that don 't live in the City of Miami to still apply anyway. Commissioner Diaz de la Portilla: Yes. Chair King: Yes. Commissioner Reyes: Yeah. Mr. Muse: Okay. Chair King: Yes. And then it still gets the rubberstamp from the district commissioner that the seat belongs to. You know, like how I appointed you, he has an appointment, he has an appointment, she has an appointment. So, if the district commissioner, even though the person doesn 't live within the city of Miami and they think that would be a great fit, that district commissioner can propose them and get the four -fifths vote. Mr. Muse: Okay, great. We also have two empty seats as well. So, if we could get those filled as soon as possible so we can get to business as usual, that would also be great. Chair King: Are they at -large seats or --? Mr. Muse: They -- oh, you got me on the spot. I can't remember which districts they're under, but we can talk about that too. Chair King: Okay. Arthur Noriega (City Manager): Todd has that information. Todd B. Hannon (City Clerk): So, Commissioner King just appointed a youth member today to the at -large vacant seat on the Climate Resilience Committee. Mr. Noriega: So we have one more? Do we have one more? Mr. Hannon: Yes. Chair King: For me? Mr. Hannon: Yes, you appointed one today, so there is only one vacant seat left. Mr. Noriega: Now there's one more vacancy. Commissioner Reyes: We have one vacancy, right? Commissioner Diaz de la Portilla: Well, one more vacant -- Chair King: For me. Commissioner Diaz de la Portilla: -- at -large vacancy. Mr. Hannon: Yes. City of Miami Page 87 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Chair King: Is it at -large? Mr. Hannon: At -large. Commissioner Diaz de la Portilla: At -large. Chair King: Okay. Commissioner Covo: The one today was at large. Mr. Hannon: Yes. Commissioner Diaz de la Portilla: Yes. Chair King: Okay. Commissioner Diaz de la Portilla: And there's one left. Chair King: Okay, alright, so we have one more. Commissioner Diaz de la Portilla: Are you bringing names? Madam Chair, are you bringing names to us or --? Mr. Muse: I don 't have them right now -- Commissioner Diaz de la Portilla: No, I know, I know -- Mr. Muse: -- so I 'm not sure -- Commissioner Diaz de la Portilla: -- but between now and the time we pass it, you'll bring names? Mr. Muse: Yes, absolutely. Commissioner Diaz de la Portilla: Okay. Mr. Muse: Yeah. Commissioner Diaz de la Portilla: That helps. Mr. Muse: Thank you. Chair King: Good seeing you. Mr. Muse: You too. Chair King: Okay. City of Miami Page 88 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 DI.3 DISCUSSION ITEM 14066 Climate Resilience Committee DISCUSSION ITEM FOR THE CITY COMMISSION REGARDING RESOLUTION FROM THE CLIMATE RESILIENCE COMMITTEE RECOMMENDING: GREEN ROOF RESOLUTION - A RESOLUTION OF THE MIAMI CLIMATE RESILIENCE COMMITTEE RECOMMENDING TO THE MIAMI CITY COMMISSION TO INSTRUCT THE CITY MANAGER TO PREPARE A TEXT AMENDMENT TO ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE") TO PROVIDE INCENTIVES AND OPPORTUNITIES FOR THE INCLUSION OF INTENSIVE GREEN ROOFS THAT ADDRESS THE HEAT ISLAND EFFECT, HABITAT AND BIODIVERSITY LOSS, STORMWATER MANAGEMENT, AND FLOOD MITIGATION, IN T5 AND T6 TRANSECT ZONES. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number DL 3, please see "Public Comments for all Item(s)." Chair King: That would leave the green roof discussion. Does anybody want to take that up? We have green roof discussion and illegal vendors. I think illegal vendors is Arthur Noriega (City Manager): That one would probably more than likely have to wait till the Commissioner 's here. It's his item. Chair King: Right, because that's his item, correct? Mr. Noriega: Um-hmm. Chair King: Would you guys like to take up the green roof? Commissioner Covo: The green roof we can do now before lunch. Chair King: Resolution? Okay, who 's going to present on that? Sonia Brubaker (Chief Resilience Officer): Hi, we have another Climate Resilience Committee member who's going to present, Aaron DeMayo. Aaron DeMayo: Good morning again. Chair King: Good morning. Commissioner Covo: Good morning. Mr. DeMayo: I gave a brief overview earlier and I'm happy to provide any additional context that you may need in order to feel comfortable to hopefully make the directive today to allow staff to continue their review of the proposed green roof incentive. Did you have any specific questions or comments before you felt comfortable in doing so? Commissioner Diaz de la Portilla: No. City of Miami Page 89 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Chair King: No. For -- I understand that this is a resolution for us to continue to explore. Commissioner Diaz de la Portilla: Discussion item. Commissioner Covo: So -- Chair King: Discussion item. Commissioner Covo: -- it's a discussion item because I think that PZAB (Planning Zoning and Appeals Board) has to do some type of arrangement still. Like, I wanted to sponsor the legislation, but I want to make sure that it goes through perfectly written. Arthur Noriega (City Manager): Yeah, so I happen to have the benefit of a meeting with the committee, and we talked about a number of items. And I had to encourage them to come to the Commission obviously with discussion items and legislation and propose it through staff. So this -- the purpose of this is if there is any opposition or any direct feedback, substantial feedback during the discussion item, the intent is to come back with legislation, right, to the Commission for your approval or modification to address specifically the green roof issue so -- Commissioner Covo: And Commissioners, one item that I really, really am very passionate about in the way that Aaron presented it is the flooding system that comes with the rooftops. So I don 't know if you want to expand on that briefly and then we come back with the legislation already. Mr. DeMayo: Absolutely. As I mentioned earlier, there's many benefits to green roofs, reduced heat island effect, habitat, creation when we're densifying our city. Also, it's aesthetically pleasing to look at in most cases. And then the stormwater mitigation and detention. So, there's a layer that can be added in green roofs that acts like a sponge. So, when we have these very large events like what we saw in Fort Lauderdale about two months ago, these roofs can hold water like a sponge for hours at a time. It allows the roof to function properly and then it slowly drains after so it reduces those peak events. And -- but there is a cost to that. So the idea is for it to be a public benefit incentive, a balanced approach based on roughly what it costs for what you get, which would help to make these happen. We already see them being implemented in various projects as James Brazil mentioned that he's working on in the Design District which is the first LEED (Leadership in Energy and Environmental Design) ND, Neighborhood Development, certification in the whole country was the Design District. It's a, you know, innovative technology and this would come at no cost to the City because it's a public benefit that the builder would do. So, hopefully we can work with staff during your recess and come back with something that works for everything you guys are looking to accomplish. Chair King: Okay, thank you. Mr. DeMayo: Thank you. City of Miami Page 90 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 DI.4 DISCUSSION ITEM 14225 A DISCUSSION ITEM REGARDING HOMELESS. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, pCommissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item DL4 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number DI.4, please see "Order of the Day." DI.5 DISCUSSION ITEM 14226 A DISCUSSION ITEM REGARDING ILLEGAL VENDORS. Commissioners and Mayor RESULT: DISCUSSED Chair King: The next item on our agenda is Discussion Item 5, illegal vendors. Vice Chair Carollo: Yes. Commissioner Reyes: Okay. Vice Chair Carollo: Yeah, I don 't want to prolong this, but -- Chair King: Por favor. (Comments in Spanish not translated.) Commissioner Reyes: I'm with you on that. Vice Chair Carollo: For some time, we have had, out of the blue, in the last few months, a huge amount of illegal vendors that I've been seeing in the streets of my district. I don 't know if some of you have experienced the same or not, but I certainly have. And it's in particular two types of vendors that seem to be the ones that have the vast majority of the vendors out in the streets. One are fruit vendors that seems to be coming from the same group that are putting people out everywhere. And the other is those that sell cell phones that again seems to be from one main group that 's putting out vendors -- Commissioner Reyes: Out in the sidewalks. Vice Chair Carollo: -- everywhere, in the sidewalks, yeah. And it 's taken us quite a bit of time to have Code and Police finally gain hold of it. It shouldn 't have taken so much time and so much effort from our office, but from the reports that I'm getting, they're finally getting on top of it. I just want to make sure that after a month from now, just because we're not bringing it up again, that nobody does anything about it and we go back to the same thing. And one last area, Mr. Manager, that I'd like to City of Miami Page 91 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 see if we could get to the bottom line, which is the main company that 's putting these vendors out selling the fruit and which is the main company that 's putting out the vendors for the cell phones because it's organized. And at some point in time, if they keep doing it, there's got to be some bite to our actions. Robert Santos-Alborna: Good afternoon, Commissioner. Robert Santos-Alborna, Code Compliance Director. So, to your point, we have significantly increased our patrols and deployments, not only along the major corridors, 8th Street, but Flagler and Northwest 7th. Since the beginning -- since May to the present, we have opened 84 cases with the pictures, support documentation, et cetera, reflecting when vendors are out there and they cease to move, to be non -ambulant in the public right-of-way, which is the amendment to the ordinance. So we -- the majority, I would say almost 70 percent of the instances are those instances that they set up shop and are in the public right-of-way. Vice Chair Carollo: I would say it's probably closer to 90. They just set up shops and they don 't move from there. Mr. Santos-Alborna: Right, and we have identified a number of them that are selling without the BTR (Business Tax Receipt). For Code, that is a little bit more difficult to address because they flee and it 's hard for us. So, we've been doing a collaborative effort along with PD (Police Department) and that is working well, so we do it in tandem. And I'm going to yield to the Chief in a few seconds. So, when we do it that way, we can address both sides of the equation. But 84 cases, we're finding that we're displacing some of them further north. They're going to derent locations, and we're now ready to address that in Wynwood as well. Vice Chair Carollo: Yeah, but my question is -- Mr. Santos-Alborna: Sir. Vice Chair Carollo: -- and as you've seen, it's all over my district -- Commissioner Reyes: Yes. Vice Chair Carollo: -- not just in one particular area or another, so all over the main thoroughfares, why haven 't we been able to find the root of the problem? Who 's putting these people out there? Because it's organized. Mr. Santos-Alborna: So, to that point, I did speak with your staff and one of the questions that we have been asking with the fruits, where are you getting them from, et cetera. We're trying to determine if there is a source, a specific source. Vice Chair Carollo: There is. Mr. Santos-Alborna: We have -- Vice Chair Carollo: They're all the same cuts of fruit, the same way they're being sold, the same amounts, and you know, you can tell that these poor people they 're putting out there -- Mr. Santos-Alborna: Right. Vice Chair Carollo: -- most of them probably don 't even have permits to work in our country and they're taking advantage of them. They're probably not even paying them, you know, normal hourly rates. They're paying them maybe a commission, what they sell or whatever. So we need to find out. It's not that hard. If they won 't tell us, Chief maybe -- I mean, I don't -- I'm only talking out loud, suggesting through City of Miami Page 92 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 the Manager. Maybe we need to put an investigator there for a few hours, see who brings them in, or who picks them up, get, you know, tag numbers and then follow through, see where this is coming from. That will save us a lot of man hours in Code and Police work if we go to the root of the problem and then take some real action on those people. Manuel Morales (Chief of Police): So, Commissioner, we are taking a look at it to see if there's a nexus that connects all these illegal vendors to one main distributor and trying to identJ who that source is. And just to the other point in the conversation is we have seen, as we have stepped up enforcement in conjunction with Code along the main thoroughfares and mostly the southern district of the City, how they're shifting to other districts. So, right now we're seeing a little bit more increase along 2nd Avenue in Wynwood, so we are kind of keeping up where they 're shifting to make sure that it doesn't get away and impact other areas. We don't want to displace; we want to address the problem. So, we're following a few leads and we'll have a report hopefully shortly. Vice Chair Carollo: Yeah, but this just started happening all of a sudden within three months ago or so. And they were all over the place. Mr. Morales: Yeah. Vice Chair Carollo: Thank you. Mr. Morales: So, we got you. Commissioner Reyes: (INAUDIBLE) quite organized. And please keep an eye on my district too. I don't want them to move there. Mr. Morales: Oh, absolutely. We'll keep an eye on (UNINTELLIGIBLE). Vice Chair Carollo: Well, we don't want to happen, but we're not shifting them from my district to yours or anybody else. Commissioner Reyes: No, no, absolutely. We have to -- Chair King: Right, right. Mr. Morales: Yeah, that always -- any time that we apply any type of approach with the education and then subsequent enforcement, we make sure that we 're not displacing, that we're addressing the problem or other issues. Vice Chair Carollo: You know, and I feel for those people out there because they're taking advantage of them. They're, you know, trying to see how they can make a living. But you know, we're a city of laws. We can't have a free-for-all that anybody that wants just puts up a cart and sets up shop anywhere they want to in our sidewalks. Mr. Morales: So, Commissioner, as it is our approach with just about any other quality of life crime, we do take an educational approach at the beginning. We don't want to punish the folks or penalize them. What we want to do is just bring them into compliance, educate them. That 's why we always -- Vice Chair Carollo: Yeah. Mr. Morales: -- try the educational approach first. Vice Chair Carollo: Sure. City of Miami Page 93 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Mr. Morales: But we have seen very little compliance with our educational approach, so we have to step it up a little bit into our enforcement area. So, but that is always the main, to get them into compliance. Vice Chair Carollo: And the other problem is, which you never know, that fruit is out there under the hot sun many times. Mr. Morales: Yeah. Vice Chair Carollo: Some don 't even have umbrellas. You don 't know salmonella, how it grows there, how you can get there, and people get sick. Mr. Morales: Yeah, there 's absolutely a public health problem. Vice Chair Carollo: That's the other problem. Mr. Morales: So, we're looking at that as well, sir. Vice Chair Carollo: Okay. Well, thank you, Chief. Mr. Morales: No problem, Commissioner. Vice Chair Carollo: Thank you, Mr. Code Enforcement Director. Chair King: Thank you. Mr. Morales: Thank you. END OF DISCUSSION ITEMS City of Miami Page 94 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 PZ.1 13953 Department of Planning PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD, 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: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.1 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." City of Miami Page 95 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 PZ.2 14130 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: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number PZ.2, please see "Public Comments for all Item(s)." Chair King: So, at this time, I forgot that I wanted to defer a PZ (Planning and Zoning) item. Mr. Manager, I'd like to defer PZ.2. Commissioner Covo: Madam Chair, Madam Chair, why? Chair King: I need some more information on -- I've requested a couple of briefings that I haven 't gotten and -- Commissioner Diaz de la Portilla: So, I'll make a motion to defer PZ.2 at your request. Chair King: I'll second it. Arthur Noriega (City Manager): Can we get confirmation in terms of notice as to when we could take that item up? It's an exception. Commissioner Covo: Well, I've been briefed, but I understand that if Madam Chair wants to get briefed and needs more information, that's professional courtesy, like she says, that I have to give you. Commissioner Diaz de la Portilla: Of course. Chair King: I appreciate -- City of Miami Page 96 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Commissioner Covo: But I really -- I've been -- you know, I've been wanting to hear this item for some time because it's just a procedure. And I even have, and I think that our staff handed the letters from the homeowners association saying that there's even the noise mitigation with the item. So, I don't see an issue, but again -- Chair King: We could take it up as soon as it can come back, as soon as I can get a briefing on it. Commissioner Covo: July 27th? Mr. Noriega: We're confirming that now. Give us a minute. We're confirming when we can bring it back. George Wysong (Deputy City Attorney): And actually, as I would say luck would have it, this item is also already scheduled for the July 27th. Because it was on that -- we created a mirror copy to put it on this agenda, so there is already an agenda item on the 27th. Mr. Noriega: Okay. Commissioner Reyes: So, there's no problem. Chair King: Okay, so for July 27th. Commissioner Reyes: It doesn't need a vote, right? Chair King: Yes. Todd B. Hannon (City Clerk): So, then for PZ.2 -- Commissioner Reyes: We need a -- Mr. Hannon: -- you're not going to address it today? Chair King: No. Commissioner Diaz de la Portilla: No. Mr. Hannon: Then would you like a motion to withdraw it since there's an item already on the 27th? Commissioner Diaz de la Portilla: I'll move to withdraw. Commissioner Covo: Yeah, one question: Can we still hear from the applicants briefly? Chair King: I don't need to hear from them right now, no. I can -- they can schedule a briefing. Joshua Remedios: Yeah, I just wanted to state for the record -- Josh Remedios, on behalf of Greenspoon Marder, here for the item Delilah, Miami. I mean, this item has been deferred a few times now. This allocation 's been pending for a year and a half. Chair King: Oh wow, then you guys haven 't done your job because I haven 't gotten one briefing in a year and a half -- Commissioner Diaz de la Portilla: Well, there's a motion -- City of Miami Page 97 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Chair King: -- and I've been here for two. Commissioner Diaz de la Portilla: -- and a second. There's a motion and a second. Chair King: There 's a motion and a second. Mr. Hannon: I'm sorry, who's the seconder on the motion to withdraw? Commissioner Diaz de la Portilla: You. Chair King: Me. All in favor? The Commission (Collectively): Aye. Commissioner Covo: To defer to the 27th. Chair King: To the 27th. Commissioner Diaz de la Portilla: No, no. Mr. Hannon: So -- Commissioner Diaz de la Portilla: No, there's a motion -- Chair King: No, this one is -- Commissioner Diaz de la Portilla: -- to withdraw because it's already -- Chair King: Right, because -- Commissioner Diaz de la Portilla: -- on the 27th. Chair King: -- it 's already on the 27th. Commissioner Diaz de la Portilla: So, the motion is to withdraw that I made, you seconded, and then that's a vote. Chair King: Right, because it's already on the 27th. Commissioner Diaz de la Portilla: Right. Commissioner Reyes: Okay. Chair King: Okay. All in favor? The Commission (Collectively): Aye. Chair King: And at this time -- Commissioner Diaz de la Portilla: 3 p.m. Chair King: -- I will recess until -- Commissioner Diaz de la Portilla: 3? Chair King: -- 3 p.m. Commissioner Diaz de la Portilla: Okay, thank you. City of Miami Page 98 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Chair King: Thank you, everyone. PZ.3 ORDINANCE Second Reading 13319 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTY(IES) LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14189 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number PZ.3, please see "Public Comments for all Item(s)." Chair King: At this time, I'd like to take up the PZ (Planning and Zoning) items. Madam City Attorney, would you read the items before us into the record? Victoria Mendez (City Attorney): We're starting off with PZ.3. Chair King: Correct. We have PZ.3, PZ.4, 5, 10, and 11. Ms. Mendez: And 11. Thank you, Madam Chair. PZ.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ -- Madam Chair, are we still considering today the medical marijuana ordinance or are we --? We're considering it? Okay. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then PZ.10. PZ.10. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 99 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Ms. Mendez: And PZ.11. The Ordinance was read by title into the public record by the City Attorney. Chair King: Thank you. That would be it. [Later... Chair King: Okay, let's take up PZ.3 and its companion item, PZ.4. Is anyone here to speak on this item? Javier Avino: Madam Chair, Commissioners, Javier Avino with law offices at 1450 Brickell Avenue with the law firm of Bilzen Sumberg, here on behalf of the applicant and owner. I'm joined by my colleague Andres Rivero, as well as the applicant, Carlos Ushdi. As you know, this is here on second reading. First and foremost, just as a housekeeping item, I want to clam for the record that we are in agreement with staff's report and analysis, which is for an alternate recommendation to T3-O. As read into the record, it's a T4-L designation and the companion item was for a FL UM (Future Land Use Map) amendment for low -density restricted commercial. The T3-O and the FLUMdesignation that the staff's report and analysis is for is for T3-O and a low -density restricted duplex designation, which would ensure that there is no commercial uses on this property. So, I just want to make sure that ultimately if this board proceeds on second reading with passing -- Vice Chair Carollo: Who --? Mr. Avino: -- this item, as I hope you would, that it 's with the staff's report and analysis. Vice Chair Carollo: Chair, if I may ask a brief question. Mr. Avino: Yes, you may. Vice Chair Carollo: Who is Design District 39, 40, 48? Mr. Avino: That is the applicant and the owner. Vice Chair Carollo: Yeah, but who are the people? Mr. Avino: The owner is Carlos Ushdi and Gabriel Amiel. Those are the owners of the property. Vice Chair Carollo: Alright. Mr. Avino: And so I want to clam a couple of things because you did hear from two speakers earlier today. We have previously put on the record letters of support. I do have additional letters which I will submit as well, including one from the immediately abutting neighbor, Carmen Ramos. She has previously spoken, but she also wrote a detailed letter in support. We have letters of support from the Buena Vista Stakeholders Association as well. This item, as I indicated, the current designation is T3-L, which already allows for a single-family home with an ancillary dwelling unit condition. The difference between T3-L and T3-O is to allow for a duplex condition. So, it's still a two -unit condition, and so we ask for your continued support on this. I'll submit these items on the record. As I said at the prior hearing, the neighborhood, including just a block over, already has a T3-O designation. This is not a T3-R, which would be limited to single family. And so I think this is a unique situation. And so again, we ask for your continued support on second reading here today. And we're available to answer any questions that you may have. City of Miami Page 100 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Chair King: Thank you. Good afternoon. David Winker: Good afternoon, Commissioner, Chairman, Chairwoman, and Commissioners. My name is David Winker. My offices are at 4720 South Le Jeune Road. I represent the intervener, Alvin Smith. You heard from him earlier. He's lived with his family at 52 Northwest 39th Street, directly next door to the property for decades. The issue before the Commission is the second reading of an ordinance that proposes upzoning of three lots on Northwest 39th Street from single-family to duplex, even though the application does not satisfy any of the three requirements that apply to such an upzoning. Commissioners, this upzoning is the exact type of spot zoning that residents were told would not happen under Miami 21. Residents were told that there would be no more upzonings intruding into single-family neighborhoods because residents would be protected by the specific language in Section 7.1.2.8(c)(2)(g) that requires that an applicant for a zoning change show why the existing zoning is inappropriate. So, the starting point is, what's wrong with the current zoning? Vice Chair Carollo: Chair, before I forget something Mr. Winker was saying, Mr. Winker, if you could be so kind as to let us know whom are the people that told the residents that with Miami 21 there would be no additional upzoning? Who are you referring to? Mr. Winker: During the meetings for Miami 21, one of the concerns in implementing Miami 21 was how do we address spot zoning? Vice Chair Carollo: That was over 20 years ago. Mr. Winker: Yes, exactly. Vice Chair Carollo: Were you around then? Mr. Winker: Yeah, I was practicing law then. Vice Chair Carollo: Okay, well, whom are you referring to that were those people that were saying that? Do you have names? See who we -- Mr. Winker: You know, for example, I mean, Elvis Cruz was somebody who talks a lot about being at those meetings where it was -- Vice Chair Carollo: No, no, no, but you 're saying that people from the City -- that's what you're referring to -- said that. And I want to get some names so that I could possibly inquire of them what they said or didn 't say. So, do you have any names that we --? Mr. Winker: Yeah, no, absolutely. I think that we can look at the meetings and the minutes, but I'll get you information. Vice Chair Carollo: Do you have any --? Well -- Mr. Winker: But Zyberk -- you know, Zyberk -- Plater -- Vice Chair Carollo: Do you have any here with you today? Mr. Winker: No. Vice Chair Carollo: Okay, that's fine. Go ahead. Sorry. City of Miami Page 101 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Mr. Winker: So, the idea was the code provides specific protection and specific requirements that in order to apply for an upzoning -- Mr. Avino: Through the Chair, I'm -- I must in -- Chair King: No, no, no. Mr. Avino: Okay. Chair King: I let him -- I let you speak. Mr. Avino: Understood. Chair King: Please let him speak. We're going to be fair here. Mr. Avino: No problem. Chair King: Mr. Winker. Mr. Avino: No problem. Chair King: You got a few minutes though, not -- Mr. Winker: Say again. Chair King: You have a few minutes not unlimited time. Mr. Winker: Yeah, I'm going to be quick. I just want to get it on the record. Section 7.1.2.8(c)(2)(g) -- Chair King: (c)(2)(g). Mr. Winker: -- requires an applicant to show why the existing zoning is inappropriate. That 's black letter law, it's there. At the May 11 th, 2023 Commission meeting, I asked Assistant Planning Director David Snow whether he was asked by the Chair at the January 18th PZAB (Planning, Zoning and Appeals Board) meeting if this existing single-family zoning is appropriate. Mr. Snow denied that he was asked that question. I'd like to play -- if the IT (Information Technology) people could put on the video, I'd just like to remind what happened at the last meeting. I don't hear any volume. (At this time, an audiovisual presentation was made.) Mr. Winker: I'm sorry, I'll start it again for you guys. (At this time, an audiovisual presentation was made.) Unidentified Speaker: If you could give me one second so I could check with the back. Chair King: We (INAUDIBLE). Mr. Winker: You guys could hear it. Commissioner Diaz de la Portilla: We heard it. We 've heard it. We heard everything, yes. Chair King: Okay, we heard it. City of Miami Page 102 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Mr. Winker: Mr. Snow 's answer was not truthful. And I'm going to play the video from the PZAB meeting. (At this time, an audiovisual presentation was made.) Mr. Winker: As you can see, despite his assertion before this commission that he was not asked that question, in fact, he was asked that question and he answered it. There is nothing wrong, according to the City staff, with the existing zoning. The question was asked, the question was answered. Therefore, under Miami 21, Section 7.1.2.8(c)(2)(g), this zoning change cannot be allowed. Period. End of story. City staff was correct to recommend denial of the requested T4 upzoning, but their recommendation, the City recommendation, to instead make it T3-O is wrong on several levels. First, T3-O would be illegal because it violates Miami 21 Section 7.1.2.8(c)(1). It is not an extension of an existing transect. It 's not greater than 40,000 feet and does not have 200 feet of street footage -- frontage. It meets none of the requirements to even be considered for a zoning change. That's why the developer didn't apply for it, but the City is granting it. Despite knowing that, the developer is working with the City in a situation where the developer applies for T4, which they know they cannot get, but then the City grants them T3-O. This is improper and it 's an improper use of our process. Making this T3-O is a classic example of illegal spot zoning. The neighbors' concern is that this will create a domino effect throughout this neighborhood. Commissioners, this would never be allowed in other single-family neighborhoods. In the South Grove, in the Roads -- Chair King: Thank you. Mr. Winker: -- Morningside. If it's okay, I'll just wrap it up. Chair King: Thank you. Mr. Winker: In sum -- sorry. In sum, there is no hardship here, no valid or reason to approve this upzoning and the City staff has not followed the code in allowing it. There's plenty of T4 and T3-O land throughout the City, but the developer has it backwards. Instead of designing their project to fit the zoning, they want you to change the zoning to fit their project. This is a departure from the essential requirements of law, and if you pass it, it will be grounds for a successful petition for writ of certiorari. Please don't make these neighbors go to court to get the City to enforce its own laws. Thank you so much. Chair King: Thank you. Victoria Mendez (City Attorney): Madam Chair, I just wanted to clam for the record that different questions were asked of Mr. Snow so I think it would be good -- Chair King: I think -- I got that. Ms. Mendez: Okay, and then -- Chair King: I understood. Ms. Mendez: -- and then second, ifyou have any questions with regard -- Chair King: I do. I'm going to ask. Ms. Mendez: Okay. City of Miami Page 103 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Chair King: Mr. Whitaker [sic] made a couple of allegations. One, he said that this request does not satisfy three requirements of the zoning. So, Madam Zoning Director, could you respond to that? Lakisha Hull: Good afternoon. Lakisha Hull, Planning Director, for the record. As stated in the first reading, respectfully to the attorney that just spoke, the code section that he's referring to refers only to the Planning Director providing a recommendation to PZAB and to City Commission for consideration. The succession zoning that he has some issues with is clearly fined out in Miami 21. It 's very clear that this property meets the succession zoning that's been recommended by Planning staff. He's talking about spot zoning, which is a totally different term. So, this does meet that criteria. The analysis is very clear that the Planning Director, which is myself, reviewed the contents and merits of this request, and we provided a justifiable recommendation. Chair King: And he asserted that T3-O is illegal? Ms. Hull: I'm not understanding where he would get that assertion from. The request that staff provided on this one is requesting for this to be a duplex residential, which is pretty much allowing for an ADU (Accessory Dwelling Unit) and a single-family home to be constructed or a townhouse. Outside of that, any other assertions that he's providing, I can 't speak about that at this time. Chair King: Could there be any unintended consequences to this? I understand that no commercial could come from this. Ms. Hull: No, ma'am. Chair King: Okay. So, if there are no other questions, I 'm ready to put this to a vote. Do I have a --? Can I have a motion? Commissioner Diaz de la Portilla: I'll move it. Chair King: Second? Vice Chair Carollo: Did I miss anything other -- enlightening that Mr. Winker might have said? Commissioner Diaz de la Portilla: No. Chair King: No. Vice Chair Carollo: Okay. Chair King: I have a motion. Can I have a second? Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Avino: Thank you all very much. Ms. Mendez: And I wanted to make sure, Mr. Clerk, that we have all of the planning analysis as backup on the record through the -- City of Miami Page 104 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Mr. Avino: Yeah, to be clear, it's the -- it's to make sure that PZ.3 is a change to T3- 0 and that PZ.4 is a change to duplex -- to the FLUM duplex, not to low -density restricted commercial, as consistent with staffs report and analysis. Ms. Mendez: So, then it's -- this item is as amended? Mr. Avino: As amended. Chair King: As amended. So, that's PZ.3 and 4. Todd B. Hannon (City Clerk): Both amended? Chair King: Correct. Ms. Mendez: Yes. PZ.4 ORDINANCE Second Reading 13320 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" SUB -URBAN TRANSECT ZONE — LIMITED TO "T4-L" GENERAL URBAN TRANSECT ZONE - LIMITED OF THE PROPERTY GENERALLY LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14190 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.4, please see "Public Comments for all Item(s)" and Item Number PZ.3. City of Miami Page 105 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 PZ.5 ORDINANCE First Reading 12645 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") TO EXPRESSLY PERMIT MEDICAL MARIJUANA DISPENSARIES IN THE CITY SUBJECT TO DISTANCE REQUIREMENTS BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," TO AMEND THE DEFINITION OF GENERAL COMMERCIAL TO INCLUDE MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES; BY CREATING A NEW DEFINITION FOR MEDICAL CANNABIS, MEDICAL MARIJUANA DISPENSARIES, AND PHARMACIES; AMENDING ARTICLE 6, TITLED SUPPLEMENTAL REGULATIONS TO PROVIDE DISTANCE REQUIREMENTS AND OTHER REGULATIONS FOR MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES; AND FURTHER AMENDING ARTICLE 7, TITLED "PROCEDURES" TO ADD A RESERVATIONS SYSTEM AND TO PROVIDE FOR SUBSEQUENT ESTABLISHMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED 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.5, please see Item Number PZ.3. Commissioner Reyes: Madam Chair, please. I would like to pull PZ.5, medical marijuana. Chair King: For discussion? Commissioner Reyes: Either for discussion or to defer it because we haven 't -- I haven't had -- I haven't received any, I mean, information about what rules and regulations we're going to implement. Commissioner Diaz de la Portilla: Is that a motion? Commissioner Reyes: Is that a motion? Commissioner Diaz de la Portilla: I'll second that motion -- Commissioner Reyes: To defer. Commissioner Diaz de la Portilla: -- to defer. Vice Chair Carollo: What PZ (Planning and Zoning) are we talking about? Commissioner Reyes: We're talking about -- Chair King: PZ.5. Commissioner Reyes: -- PZ.5. City of Miami Page 106 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Vice Chair Carollo: I don't see medical maryuana here. Commissioner Reyes: Yes, it is. Commissioner Diaz de la Portilla: Yeah, PZ.5. Chair King: That's PZ.5. Commissioner Reyes: PZ.5. Chair King: That 's what it says. Commissioner Reyes: Yes, and we have to set the conditions and the -- before we have a vote on it, okay, and everything. Vice Chair Carollo: Oh, PH.5 is what I was looking at, yeah. Chair King: Oh, yeah. PZ -- we're in the P -- I jumped to the PZs to get these out of the way. Commissioner Reyes: That happens when you get to a certain age. Vice Chair Carollo: Yeah. You also fall down. Commissioner Reyes: That's right. Chair King: Madam Zoning Director, whose district is PZ.5 in? Lakisha Hull (Director, Planning): PZ.5 would apply citywide. Commissioner Reyes: Citywide. Chair King: Citywide. Ms. Hull: Yes. Chair King: I see, okay. Well, I have a motion and a second to defer. Commissioner Diaz de la Portilla: Do we have to set a date we're going to defer it to? Todd B. Hannon (City Clerk): Ifyou're -- you can indefinitely defer it. Commissioner Diaz de la Portilla: I know, but that 's six months. But -- but -- Chair King: But you can bring it back at any time. Mr. Hannon: You could -- Chair King: You can bring it back at any time. Commissioner Reyes: You can bring it back at any time. Commissioner Diaz de la Portilla: So, we 're going to do that. Let's indefinitely defer it and we'll bring it back. Commissioner Reyes: As soon as we get the rules and regulations then -- City of Miami Page 107 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Chair King: Entiendo (Comment in Spanish not translated). Commissioner Diaz de la Portilla: Sure. And we don't know if it's going to be July or August, September so -- Chair King: Not August. Commissioner Reyes: That's right, whatever it is. Commissioner Diaz de la Portilla: If you amend your motion to indefinitely defer, I'll second it. Commissioner Reyes: Indefinitely defer. Commissioner Diaz de la Portilla: I'll second. Vice Chair Carollo: Thank God that I don't take the medical marijuana like our former District 2 commissioner. Otherwise, instead of being in PH (Public Hearing), I would have been CA (Consent Agenda). Chair King: So, I have a motion and a second to indefinitely defer PZ.5. All in favor? The Commission (Collectively): Aye. Chair King: Okay. Commissioner Reyes: Okay, okay. PZ.6 ORDINANCE First Reading 13032 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 "DUPLEX RESIDENTIAL" AND "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3825 CHARLES TERRACE AND 3715 CHARLES TERRACE, MIAMI, FLORIDA, (COLLECTIVELY, "PROPERTY") MORE PARTICULARLY DESCRIBED IN COMPOSITE 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: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo City of Miami Page 108 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Note for the Record: For minutes referencing Item Number PZ.6, please see "Order of the Day." PZ.7 ORDINANCE First Reading 13033 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O" SUB -URBAN TRANSECT ZONE — OPEN AND "CI" CIVIC INSTITUTION ZONE WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY TO "T4-R" GENERAL URBAN TRANSECT ZONE -RESTRICTED WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3825 CHARLES TERRACE AND 3715 CHARLES TERRACE, MIAMI, FLORIDA, (COLLECTIVELY "THE PROPERTY") AS MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.7, please see "Order of the Day." City of Miami Page 109 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 PZ.8 13764 Office of Zoning PZ.9 13249 Department of Building 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: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.8 was continued to the September 14, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.8, please see "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY PENNY TANNENBAUM OF INTENDED DECISION PW022-247 ISSUED ON NOVEMBER 29, 2022, FOR THE MEDIAN LOCATED ACROSS FROM 1750 SOUTH BAYSHORE LANE, MIAMI, FLORIDA. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.9 was continued to the September 14, 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 110 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 PZ.10 ORDINANCE Second Reading 13935 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING APPENDIX D, TITLED SD-16.3 MIAMI WORLDCENTER, SECTION 3(C), TO ALLOW CERTAIN DESIGN STANDARD FLEXIBILITY TO PROMOTE NET - ZERO BUILDING PERFORMANCE REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14191 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number PZ.10, please see Item Number PZ.3. Chair King: And now we will hear -- Javier Avino: Thank you. Chair King: -- PZ.10. Anybody here for PZ.10? Commissioner Diaz de la Portilla: PZ.10. Lakisha Hull (Director, Planning): PZ.10 is legislation, madam. Vice Chair Carollo: Well, who's sponsoring this? Ms. Hull: It's the World Center legislation on net zero, sir. It's the second reading of the legislation. It's providing incentives for buildings that have net zero carbon neutral features in the buildings, sir. Commissioner Covo: That was the Mayor. That was the Mayor's. On first reading, it was the Mayor. Chair King: Okay. Vice Chair Carollo: Don't we have an ordinance that when you sponsor something, you've got to be present? Ms. Hull: Yes, it would be updating Miami 21 Code, sir, to allow for provisions for net zero buildings in Miami World Center. Vice Chair Carollo: That 's not what I said, but it's okay. Thank you. Commissioner Diaz de la Portilla: I'll move it. Vice Chair Carollo: You're good. Chair King: I have a mover and a second. All in favor? City of Miami Page 111 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): I'm sorry, who was the seconder? My apologies. Commissioner Diaz de la Portilla: Commissioner Covo. PZ.11 ORDINANCE First Reading 14201 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 "T5-0," URBAN CENTER TRANSECT ZONE - OPEN (NORTHERN PORTION), AND "T4-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED (SOUTHERN PORTION), TO "T5-O," URBAN CENTER TRANSECT ZONE - OPEN (NORTHERN), AND "T4-O," GENERAL URBAN TRANSECT ZONE - OPEN (SOUTHERN PORTION), OF THE PROPERTY GENERALLY LOCATED AT 3030 SOUTHWEST 22ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, 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.11, please see "Public Comments for all Item(s)" and Item Number PZ.3. Chair King: PZ.11. Anyone wish to present on PZ.11? Vice Chair Carollo: 3030 Southwest 22nd Street. Is this (UNINTELLIGIBLE)? Is that a rifle? Okay, since I'm non-violent, so I don 't know about that. Victoria Mendez (City Attorney): Commissioner, if you're speaking into the mic, we can 't hear you. Chair King: No, he's not. He's not. Commissioner Diaz de la Portilla: Just banter. Vice Chair Carollo: Is this the corner where a school is at? Commissioner Reyes: Yes. Vice Chair Carollo: Okay. Chair King: You may proceed. City of Miami Page 112 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Vice Chair Carollo: Is this the people that once got upset or something that we didn 't have a meeting? Chair King: There were a few people here at our last commission meeting that were - Vice Chair Carollo: No, no, no, no, no. This particular people -- I'm just wondering. Ms. Mendez: So, just to clam for the record, this item was previously on a previous agenda. It was reset -- a similar item, this address, was reset to July 27th. It created a hardship for the applicant based on our break. The Manager placed a new item with the same address for today's meeting. So, this is first reading on 3030 Southwest 22nd Street. You have heard some members of the public speak on this item before and maybe Ms. Tapanes could say the pros and the cons during her presentation just so it's clear on the record. Thank you. Vice Chair Carollo: Ms. Tapanes -- Commissioner Diaz de la Portilla: Was it properly noticed and properly timed? Ms. Mendez: Yes, it's properly noticed to be here today. If you move on this item, then the item for the 27th, the original item with the derent file ID, will be removed and then this would go back -- this item and this file ID would come back for second reading. Melissa Tapanes Llahues: Chairwoman, Commissioners -- Vice Chair Carollo: Ms. Tapanes, are you planning on running for the School Board by any chance? Ms. Tapanes Llahues: No, sir, I'm not. Vice Chair Carollo: You keep getting all these schools here you're representing. Ms. Tapanes Llahues: I love schools. Education and environment, those are -- Vice Chair Carollo: I'm sorry, I had to ask the question. I was just wondering. Ms. Tapanes Llahues: Definitely not running for School Board, sir. Vice Chair Carollo: Okay, alright. Ms. Tapanes Llahues: Melissa Tapanes -- Chair King: Are you running for anything else? Ms. Tapanes Llahues: Definitely not running for anything else. I love land use and zoning law in the city of Miami, and I enjoy being a District 2 constituent. Thank you. Good afternoon. Melissa Tapanes, 200 South Biscayne Boulevard, Miami. I'm here on behalf of the property owner. The property before you on the screen is 3030 Coral Way. We're here to respectfully request a rezoning from T5-O and T4-R to T5-O and T4-O. This is consistent with the May 17th PZAB (Planning, Zoning and Appeals Board) recommendation, and we did have a few neighbors here who spoke in support of the application with the caveat as Commissioner Reyes mentioned earlier today that we do our very best to keep access on Coral Way or 31st Avenue and under no circumstances on 22nd Terrace. This is the neighborhood context. We're all very familiar with Coral Way. It is within the Coral Way established setback area. Today the property is re -- is zoned through a split zone of T5-0 and T4-R. Before it was City of Miami Page 113 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 zoned restricted commercial, consistent with the future land use map as it is today of restricted commercial. It was down zoned during Miami 21, like most of Coral Way. What we're asking is simply to move the T5-O transect boundary to the south to allow for a townhome retail -- I'm sorry, a townhome buffer on 22nd Terrace. I'm going through this quickly. Right next door, we have the Aston Condominium. It's 16 stories in height, has ground floor retail and two-story townhomes on 22nd Terrace. What we're proposing to do is a five -story retail office building with 192 structured parking spaces and four townhomes along 22nd Terrace. Vice Chair Carollo: Whoa, whoa, whoa, whoa. You lost me. From a school to how many apartments to how many parking spaces? Ms. Tapanes Llahues: No apartments. Vice Chair Carollo: I thought this was about a school. Ms. Tapanes Llahues: No. Vice Chair Carollo: I got lost. They're selling the school and getting rid of it? Ms. Tapanes Llahues: That's correct. Vice Chair Carollo: But they -- we just approved them -- Ms. Tapanes Llahues: You approved them -- Vice Chair Carollo: -- the school a couple years ago. Ms. Tapanes Llahues: Yes, and I -- Commissioner Reyes: Two years ago -- two, three years ago. Ms. Tapanes Llahues: Yes. Vice Chair Carollo: So, is this a switch and bait to build something here? Ms. Tapanes Llahues: No, actually what took place is that Britto School, they went through the exception process. They were approved with a lower amount of students. And simply the -- based on the economy as it is today, the numbers do no longer work. So, they're asking to redevelop it in -- Vice Chair Carollo: Was this sold already or not? Ms. Tapanes Llahues: This -- they are part -- the Britto owners are part of the ownership, so they're redeveloping it themselves. It's consistent with -- we're keeping it at five stories, which is what Miami 21 has for Coral Way, and those two-story townhomes on 22nd Terrace. The reason why we need to move the transect boundary further to the south is so that we can have the structured parking within the site and have shared parking for both the townhomes and the retail commercial within the site. Vice Chair Carollo: So, what I'm seeing here -- go back to the other one. Ms. Tapanes Llahues: Yeah. Vice Chair Carollo: The back portion, the one that you want to rezone, that's all going to be parking basically? Ms. Tapanes Llahues: The -- correct, that'll all be parking. City of Miami Page 114 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Vice Chair Carollo: Where will the townhouses be at? Ms. Tapanes Llahues: The townhomes -- Vice Chair Carollo: Towards 22nd Terrace or --? Ms. Tapanes Llahues: Yes, the townhomes are shown in the T4-O proposal outlined in red. Vice Chair Carollo: Okay, so the outline in red is where 22nd Terrace is. Ms. Tapanes Llahues: Correct. Vice Chair Carollo: And that's where the townhouses are going. How many are you proposing you're putting there? Ms. Tapanes Llahues: We're proposing four townhomes. And the reason why it's important is so that we don't break up 22nd Terrace with four driveways. This way we're able to shift those required seven parking spaces within the parking garage. Vice Chair Carollo: Yeah, on the side street, 31stAvenue. Ms. Tapanes Llahues: Correct. Vice Chair Carollo: How tall are your townhouse going to be? Two stories or three? Ms. Tapanes Llahues: Two stories. Vice Chair Carollo: Okay. Then the garage structure, how tall will that be? Ms. Tapanes Llahues: That will be between -- it will inch in, so you'll see it here. This is the fourth -- let's go back to -- this is the third floor -- the third floor plan. And you see that it -- the T4 parcel is no longer built, so it's two stories along 22nd Terrace. And then this is the -- it has a mezzanine level. And then you've got the -- at the fourth and the fifth story, it is all closer to Coral Way. So, you can see -- Vice Chair Carollo: So, it will be six stories? Ms. Tapanes Llahues: No, it's three -- it's two stories to a mezzanine, two and a half Vice Chair Carollo: Yeah. Ms. Tapanes Llahues: -- and then you've got the five stories. Vice Chair Carollo: And then five stories towards the Coral Way side? Ms. Tapanes Llahues: Coral Way, correct. Vice Chair Carollo: Okay, then the front that they have already where the school is, how tall is that structure going to be? How many stories will it be? Ms. Tapanes Llahues: Five stories. Vice Chair Carollo: Five stories. Ms. Tapanes Llahues: Five stories. City of Miami Page 115 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Vice Chair Carollo: Okay. Ms. Tapanes Llahues: And this is the five stories. Vice Chair Carollo: And how many units are they going to have in those five stories? Ms. Tapanes Llahues: It is no residential units. It is office. So, we anticipate -- Vice Chair Carollo: Oh, it'll be -- okay, it'll be office. Ms. Tapanes Llahues: It will be ground floor retail at 25 feet of height with four stories -- Vice Chair Carollo: Okay. Ms. Tapanes Llahues: -- of office, a 30,000 square foot floor plate. We're thinking it will be a Class A office space. Vice Chair Carollo: Okay. How many square feet of office space? Ms. Tapanes Llahues: 30,000 times four, about 120, 000. Vice Chair Carollo: 120. Ms. Tapanes Llahues: I'm sorry, times five, about 160, 000. Vice Chair Carollo: Okay, and you've got about 30 retail spaces. Ms. Tapanes Llahues: Yes. Vice Chair Carollo: Per Miami 21. Ms. Tapanes Llahues: Correct. What the neighbors were concerned about earlier was to make sure that we created the right-of-way dedications. And what you see in blue and in green are the right-of-way dedications on both 31st Avenue and 22nd Terrace. Those streets aren't fully developed. It 's all non -conforming. Vice Chair Carollo: How many feet are you going to have from your townhouses to your sidewalk? Ms. Tapanes Llahues: 26 feet. Vice Chair Carollo: 26. Okay, six more than the usual. Ms. Tapanes Llahues: Correct. Vice Chair Carollo: Every foot counts. Ms. Tapanes Llahues: So, what was mentioned by the neighbors who were here -- and we did meet with them as part of our community outreach efforts. They did have a lot of discussion before the Commission as to the site access. Today, the parents who drop off their children enter through 22nd Terrace and exit off of 31st Avenue where the employees and visitors park along Coral Way. There is a pedestrian crosswalk and now an approximately 50-foot bus lane that goes into the site. What we're trying to do is ensure that we provide access on Coral Way or 31st Avenue. These proposed plans show 31st Avenue, which is what 's consistent with Miami 21. City of Miami Page 116 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 But this is -- we understand that we 're going to be working with DOT (Department of Transportation). We've already reached out and started those discussions. Vice Chair Carollo: On Coral Way, what is your maximum height by right that you could go? Ms. Tapanes Llahues: Five stories. Vice Chair Carollo: Is that all? Ms. Tapanes Llahues: That 's all. And that's all we 're asking. Vice Chair Carollo: How come just a little further down, they went up, what, 12 stories? Ms. Tapanes Llahues: 16 stories. Commissioner Reyes: 16. Vice Chair Carollo: 16 stories? Ms. Tapanes Llahues: That's prior to Miami 21. Vice Chair Carollo: Yeah, I was just wondering. Okay, prior, yeah. Ms. Tapanes Llahues: The real request here is simply to move the transect boundary to allow for parking within a structure. Right now, 22nd Terrace, as well as on the north side of Coral Way, you have a lot of commercial office parking overflow into the residential. Vice Chair Carollo: Well, you 're putting a 26 foot boundary from the sidewalk back, so that's good. Ms. Tapanes Llahues: That 's consistent with -- Vice Chair Carollo: Yeah. Ms. Tapanes Llahues: -- Miami 21, too. Vice Chair Carollo: Well, Miami 21 is 20, right? Ms. Tapanes Llahues: It's -- well, because this is T5 and T4, it requires a deeper setback. Vice Chair Carollo: Okay, well, but that 's good. 26 is very, very healthy. And then they got 31st Avenue, that the traffic will go through there and that relieves the neighbors of what they were getting with the school back there on 22nd Terrace. Ms. Tapanes Llahues: Right, our commitment to the Commissioner and the neighbors will be that -- Commissioner Reyes: That's right. Ms. Tapanes Llahues: -- we'll have access no access on 22nd Terrace which is there today -- Vice Chair Carollo: Yeah. City of Miami Page 117 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 Ms. Tapanes Llahues: -- and it'll be limited to 31st Avenue. The Commissioner and the neighbors have also asked us to go through the FDOT (Florida Department of Transportation) process to see whether we can have access. It seems like it'll be difficult, but we know that we can do the 31st Avenue and have a right turn only -- Vice Chair Carollo: Well -- Ms. Tapanes Llahues: -- a right turn out only. Vice Chair Carollo: Yeah, as long as you're going through 31st Avenue, it 's a reasonable ask. Commissioner Reyes: One thing that I'm glad that they didn't come with a request to increase the height -- Vice Chair Carollo: Yeah. Commissioner Reyes: -- you see. Vice Chair Carollo: But if the Commissioner 's for it, that makes a difference. Commissioner Reyes: But then you're going to go against it, right? Vice Chair Carollo: I didn 't say that. I just said it makes a difference. You're the district Commissioner, right? Commissioner Reyes: Yes, I -- Vice Chair Carollo: Okay. Commissioner Reyes: -- I demanded that the -- I'm very concerned every time there is any development in my district. I want to know how they're going to enter and exit the property that they will affect the least the existing neighborhood. I demand that they go on the main thoroughfare so they don 't go into the neighborhood. Vice Chair Carollo: You're keeping the traffic away from 27th Terrace. Commissioner Reyes: Absolutely. Vice Chair Carollo: And that 's, I think -- Commissioner Reyes: That's what l've been doing all -- Vice Chair Carollo: -- the key there, the height is not that big so -- and because of a corner lot, they're coming through 31st, so I have no problems with it. Commissioner Reyes: Okay. Chair King: I have a motion and a second. Commissioner Reyes: Yes. Vice Chair Carollo: Yes. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 118 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 PZ.12 14120 Department of Planning Ms. Tapanes Llahues: Thank you. Todd B. Hannon (City Clerk): And that was Commissioner Carollo, seconded by Commissioner Reyes. Vice Chair Carollo: Yes. Commissioner Reyes: Yes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY 970 N.W. 8TH STREET ROAD, LLC, ("APPELLANT") AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF ORDINANCES OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPELLANT'S APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS TO PERMIT DEMOLITION OF TWO CONTRIBUTING STRUCTURES, LOCATED APPROXIMATELY AT 812 NORTHWEST 8 STREET ROAD AND 830 NORTHWEST 8 STREET ROAD, MIAMI, FLORIDA, 33136, WITHIN THE SPRING GARDEN HISTORIC DISTRICT; WITH FOLIO NUMBERS 01-3135- 027-1080 AND 01-3135-027-1070. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.12 was deferred to the September 28, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.12, please see "Order of the Day." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 119 Printed on 09/05/2023 City Commission Meeting Minutes July 13, 2023 NA.1 14321 City Commission NA.2 14327 Office of the City Clerk NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INSTALL EDUCATIONAL SIGNAGE NEAR AND AROUND THE SOUTHERNMOST ISLAND OF THE "LEGION PICNIC ISLANDS" IN COLLABORATION WITH THE FLORIDA FISH AND WILDLIFE COMMISSION TO PROTECT THE RECENTLY IDENTIFIED BIRD NESTING ROOKERY. ENACTMENT NUMBER: R-23-0312 MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number NA.1, please see "Order of the Day." Chair King: At this time, may I have a motion for Pocket Item I? Commissioner Covo: Move. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Pocket Item 1 passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Martin Zilber Commission -At -Large (Alternate At -Large Member) ENACTMENT NUMBER: R-23-0318 City of Miami Page 120 Printed or/ 09/05/2023 City Commission Meeting Minutes July 13, 2023 ADJOURNMENT MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Reyes NAYS: Covo ABSENT: Carollo Chair King: And now, may I have a motion for the alternate seat? Commissioner Diaz de la Portilla: I'll make the motion to appoint Martin Zilber. Todd B. Hannon (City Clerk): Yes, this would be to the -- Commissioner Diaz de la Portilla: The alternate seat that -- Mr. Hannon: -- alternate at -large seat. Commissioner Diaz de la Portilla: -- Ms. Betancourt is now -- Mr. Hannon: Yes. Commissioner Diaz de la Portilla: -- a permanent member. Mr. Hannon: Yes. Commissioner Reyes: Okay. Chair King: I have a motion. Do I have a second? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Commissioner Covo: I'm not in favor of Martin Zilber. Chair King: Okay, 3-1. The meeting adjourned at 5: 00 p.m. City of Miami Page 121 Printed on 09/05/2023