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HomeMy WebLinkAboutCC 2023-09-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 28, 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 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 September 28, 2023 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Covo and Commissioner Reyes On the 28th day of September 2023, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chairwoman King at 9:51 a.m., recessed at 11:56 a.m., reconvened at 4:28 p.m., and adjourned at 4:44 p.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: And at this time, we are going to start our meeting with prayer. Today we have Bishop Paul Moss of St. Matthew Free Will Baptist Church to give us our prayer this morning. Thank you. Invocation delivered. Chair King: Commissioner Carollo. Pledge of Allegiance delivered. Chair King: Thank you, everybody. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 14805 PROTOCOL ITEM Honoree Presenter Protocol Item Dr. Douglas Roberts Frost Museum of Science Mayor and Commissioners Proclamation League Against Cancer Mayor and Commissioners Proclamation RESULT: PRESENTED Chair King: Today, September 28th, I'm so happy that you are here to share with us and participate in our government. At this time, I believe we have a couple of proclamations and we are going to get to the business of recognizing some very important persons. Presentations made. 1) Mayor Suarez and Commissioners presented a Proclamation to Dr. Douglas A. Roberts. Dr. Roberts is the President and CEO of the Phillip and Patricia Frost City of Miami Page 1 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Museum of Science. Douglas A. Roberts, Ph.D., brings together scientific and technical expertise with contemporary learning methods that create engaging educational experiences for the museum. Dr. Roberts has been in the museum field for more than two decades, leading strategic connections between informal science education and research. He has been involved in astrophysics research at the University of Illinois and Northwestern University, as well as scientific outreach through the Adler Planetarium in Chicago and the Fort Worth Museum of Science and History. Elected Officials paused in their deliberations to commend and recognize Dr. Roberts and wish him well in his new role as President and CEO of the Frost Museum of Science and thanked him for elevating the quality of life and culture in the City of Miami. 2) Mayor Suarez and Commissioners presented a Proclamation to Liga Contra El Cancer (League Against Cancer). La Liga Contra El Cancer was founded in Florida in 1975. Lourdes Aguila (1932-1999), served as General Coordinator from 1975 until her death in 1999. The League Against Cancer was modeled after a similar organization that began in 1925 in Havana, Cuba and grew to include a world- renowned oncology center and operated until the Cuban Revolution in 1959. Lourdes Aguila's lifelong dedication to this cause made the League Against Cancer the unique organization that it is today, serving as an intake and treatment facility for individuals who have been diagnosed with cancer. Once determined to be eligible for services, patients receive the appropriate services at no cost. Services are provided at the League's own facility, in private physicians' offices and at local hospitals. Elected Officials paused in their deliberations to recognize the invaluable efforts from this organization and took the moment to recognize October as Cancer Awareness Month in the City of Miami. 14804 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE SEPTEMBER 28, 2023, CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: At this time, I am going to open the meeting for public comments. Anyone who wishes to speak on any agenda -- any item on the agenda today, please step up to the podiums. Good morning. Luis Herrera: My name -- good morning. Chair King: Good morning. Mr. Herrera: Good morning, everybody. My name is Luis Herrera, president of the Vizcaya Homeowner Association. I'm here today by the PZ.15 that is already defer. The point I want to make in this particular plan, they don 't protect the neighborhood at all. They make all kind of thing in there and they -- we asking protection in the neighborhood. And we sent a letter to the Commissioner Carollo, a few more associations doing too. And I want everything in there, black and white, to the people in the neighborhood. They know what he's doing in the plan. So, the question we asked a week ago, he never put it in for think it over a little bit. They never do anything in favor of the neighborhood. So, please, I asking to put in black and white what is protecting the neighborhood. We need protection because the construction, they're destroying the neighborhood. And that is not good for the neighborhood or City of Miami Page 2 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 residents of the neighborhood. Thank you very much and telling -- put it in mind that you people represent the neighborhood and we need the protection. Thank you. Chair King: Thank you. Good morning, Elvis. Elvis Cruz: Good morning. Thank you, Madam Chair, Commissioners. I want to speak briefly on three items. The first one, FR.1, yes, it was indefinitely deferred, but if and when it comes back, I would hope you would oppose it. We do not need more billboards. They're simply visual pollution. Second one I wanted to speak to was PZ.10. PZ.10 is a de facto upzoning. It goes against everything that we were promised that Miami 21 would be, a form -based code. That proposal, PZ.10, would allow three more floors to T5. So, please, don't allow that to happen. And lastly, PZ.15, as Mr. Luis Herrera just mentioned, this is regarding the Comprehensive Plan. I'm probably one of your very few constituents that 's actually read the Comprehensive Plan. And I can assure you that Comprehensive Plan is worded very vaguely and very aspirational. It provides very little solid protection to neighborhoods from upzonings and other incursions. I would ask you and urge you to have the City include concise, actionable language to preserve and protect our neighborhoods. Thank you. Chair King: Thank you. Good morning. Arnold Melgar: Good morning. Good afternoon, Commissioner. Oh, good morning, Commissioners and Madam Chairwoman. My name is Arnold Melgar. I am a long- time stakeholder and resident of Wynwood Norte -- thank you -- and current member of the Wynwood Community Enhancement Association. I came to speak on the items PZ.3 and PZ.4 and formally request them to be either indefinitely deferred or denied completely until the situation surrounding the applicants and the lawyer representing them, William Riley, is completely settled. We as a community feel uncomfortable with the process moving forward, and as commissioners, you should feel uncomfortable as well. I want to formally state that I am not against development and improving my community while giving the residents and long-time stakeholders the opportunity to invest and stay long-term residents of the community but I cannot in good conscience move forward until everything surrounding that investigation is resolved and a clear picture is presented for how these items will support the community vision plan that is part of the NRD-2 and uphold the centerpiece of our neighborhood, Roberto Clemente Park. To be completely transparent, the fact that I'm up here requesting for these items to be deferred indefinitely or denied feels unjust. And I hope that our commissioners will put our community first and make the right decision. Thank you for giving -- Chair King: Thank you. Mr. Melgar: -- me the opportunity to speak. Chair King: Thank you. Good morning. James Therrien: Good morning. My name is James Therrien. I live at 121 Northeast 34th in Midtown. I'm here talking about item PZ.15, which is the amendment 10544. I'm here to present and put into public record a petition of over 200 signatures and comments opposing this rezoning, which would rezone -- effectively rezone the grassy lot between Buena Vista Boulevard, First Avenue, 34th Street, and Highway 1727, allowing for the development of a 20-floor high-rise instead of the promised five floor rule, additionally reducing the neighborhood green space and the dog park area. There 's many reasons for us to be opposed to this amendment as it applies to this space. It's deeply unpopular within our community, but for the sake of time I'll mention just two. Number one is the lack of transparency for such a significant development. I've talked with dozens of owners over the past week since becoming City of Miami Page 3 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 aware of this and only myself and a handful of others have received any notice of this or the previous meetings. Many of those who did receive received contradictory information and everyone is quite upset to just be hearing about it now. For something that affects us so materially and we will permanently affect the livability of our neighborhood, this is something that can 't be rushed through. Your constituents deserve clarity on what's being proposed. They deserve time to come to an informed opinion on the matter, and they deserve to have their concerns heard by you. We all agree that any moves to build over this green space would be disastrous. Midtown and its neighborhood culture are quite literally built around this green space and the walkability that it provides. I don't have figures, but I'm pretty sure that the per capita number of dogs, for instance, in Midtown is the highest in Miami. It's the highest I've seen anywhere. There's literally thousands of dogs in Midtown, all of whose owners moved to Midtown, bought in Midtown specifically because of this green space. And every day they run to the park for walks and bathroom breaks, et cetera. To conclude, we don't oppose development, but unrestricted development is cancer. We love Midtown, it 's our home, and it's a new jewel of Miami that we can all be proud of. This green space is something that benefits everyone. It 's not something to casually destabilize just -- Chair King: Thank you. Mr. Therrien: Of course. Thank you for your time. I appreciate it. Chair King: Thank you. Mr. Therrien: I'm going to submit these petitions into the public record. Chair King: Thank you. Good morning. Wilfred Vasquez: Good morning, Madam Speaker, Commissioners. My name is Will Vasquez. I've been a resident of Wynwood for -- since 1967, passed by over five decades. I'm here requesting the PZ.3 and PZ.4 be either denied or postponed. The recent developments, as you know, with the Centner Academy and Bill Riley put things into question. And I just want to, on behalf of the community, not one inch of Roberto Clemente Park will be taken over. Thank you. Chair King: Thank you. Good morning. Nathan Kurland: Good morning, Nathan Kurland, 3132 Day Avenue. Good morning, Commissioners, ladies and gentlemen in the office. Before I came here today, I told my wife that she should embrace her mistakes, so she ran up to me and hugged me. Commissioners, I ask that you embrace your mistakes. FR.1, which we have indefinitely deferred, contains provisions that will significantly change -- Chair King: Hold on. We didn't defer it. It's in play. Mr. Kurland: Pardon? Chair King: We are going to hear FR.1 today. Mr. Kurland: You are not. Chair King: We are. Commissioner Covo: No, we are. I requested it. Mr. Kurland: That was put back. City of Miami Page 4 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Commissioner Covo: Yes. Chair King: Yes, it 's been put back. Mr. Kurland: Oh, well, then that makes my public comment even more acute. FR.1 contains provisions that will significantly change our unique subtropical community into a flashing and distracting mess everywhere that residents and tourists look. Over and over again, this Commission, this Commission, has opened the barn door to an industry that has little regard for our natural beauty and quality of life. FR.1 should be made to disappear, not just indefinitely deferred. And I'm sorry that I wasn't aware that it has been put back in. Embrace your mistakes, Commissioners. Keep the beauty of Miami. Absolutely get rid of FR.1. Thank you. Chair King: Thank you. Good morning. Danny Acevedo: Good morning. My name is Danny Acevedo, president of We Are Wynwood Foundation. I'm talking about PZ.3 and PZ.4. I'll ask for it to be denied, based not only on the current events and allegations and concerning parties of these applications but on the conflict of interest, the lies and corruptions. The community has and still is being deceived, misled, misinformed and misrepresented. I'd like to play a video right quick also to speak on the matters of the conditions of Roberto Clemente Park and that 's what we should be focusing on, bettering our community. Not sure why it's not playing on the screen. No audio. Can they adjust the audio? Let me pause it (INAUDIBLE). Yeah, let me play it from the beginning. (At this time, an audiovisual presentation was made.) Mr. Acevedo: You don't mind raising it up, please? Appreciate it. This was in a matter of a few minutes, five minutes more or less of rain and this is what happened. This is hours after the rain already stopped. Still flooded. Thank you. Chair King: Thank you. Good morning. Renita Holmes: Good morning. I am Madam Renita Holmes, Wave of Women Toxic Tour. It's a new project in regards to urban development and its impact on families in certain districts, neighborhoods that seem to suffer from that, but particularly, specifically I'd like to address the issue ofPH.2 and make you aware, Commissioners, directly about the rising complaints regarding inspections that turn out to be quite poisonous and impactful on the lives of some of its residents of City of Miami. And I'm looking at this item and I'm asking that one of you or at least two of you will hear us say this to you before we go anywhere else because it's been a long time coming. The impact of improper inspections and improper procurements and the new level of quality of living for renters, maybe we need to check with the health department and see where the gaps are that people fall through. I'll literally leave you with this. In my last toxic tour, four out of three years, the last one ended not too well because of the water erosion of the building. The new rules and laws ofNSPIRE (National Standards for the Physical Inspection of Real Estate) that they have for inspectors, inspection processes, and building needs to be because the issue and the impact that it has, particularly on veterans, African American persons who are more susceptible to sickle cell, is being documented. I consider that after attending the meeting on zoning and land use, I heard a board and a council thoroughly represent you on things we do not hear. I'm suggesting that you take a look. I know that we have the futuristic plan. We've already contacted our state representatives about that. I see a movement. Please don't have people inspecting -- your mother like my mama and mi abuela (Comments in Spanish not translated). Please don't have people inspecting my house and letting the uncovered dirt, moisture, mold coming out because it 's killing some of City of Miami Page 5 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 us. I say this, rest in peace, Michael. We need to uncover this and do it before the City has large litigation issues and we keep building places that just aren 't healthy, just beautiful lies. Thank you so much. Chair King: Thank you. Good morning. James Torres: Good morning, Chairwoman. Good morning, Vice Chair. Good morning, Commissioners. My name is James Torres and I'm the president of the DNA (Downtown Neighbors Alliance). I'm here to speak again on FR.1. On July 13th, we came here with over 2,000 petition signatures. This item keeps coming back and forth. It was going to be deferred, now it's not. I kindly ask you that we stop kicking the can. This is an issue that will not go away. I kindly ask the Commissioner, Sabina Covo, to please stand with District 2 and not move forward with this even though you 're going to discuss it today. Commissioner King or Chairwoman King in this case, you also are impacted by the billboard signs that are being presented. So, again, I kindly ask that the item be entered into the record because I know the last time it was not. Again, over 2,000 signatures showing everything that the community does not want this to move forward. Please do the right thing and not kick the can and do away with this program. Thank you. Chair King: Thank you. Good morning. Julie Williamson: Good morning, Commissioner. My name is Julie Williamson. I'm here to support a deferral of PZ.3 and 4. I'm a member of the Wynwood CEA (Community Enhancement Association) and I work and I pray in Wynwood community. And in regard to that, first, Commissioner King, thank you very much for your support of our community. We really appreciate it as we appreciate the work of all the Commissioners. I'd just like to say that there's an old adage that where there 's smoke, there's fire. That 's not always true, but when you have the ability to take the time to figure out what the fire is, if it exists, then it is the wise thing to do exactly that. A lot has been coming in the papers, it's being circulated. I don't think we really understand, any of us, exactly everything that is going on in regard to PZ.3 and 4. Before we act, you act, precipitously, I beg you to please, for the sake of our community, find out all the facts. That's only -- that's what is required to be fair to every participant and to our community at large. Just find out the facts and then discern, use your wisdom, and then act based on what really is the situation. So, please, please defer PZ.3 and 4. Thank you. Chair King: Thank you. Good morning. Miguel Soliman: Good morning, Chairwoman, Commissioners. I'm here today -- my name is Miguel Soliman. I live at 1436 Southwest 6th Street, and I'm here today to ask for your help. Very, very upset over a situation that has happened right in my block, two blocks away from Domino Park. On Monday night, there was a shooting. One individual was killed. Three others were shot, injured. Blood all over the street, all over the sidewalk. One bullet hit my car. Another bullet hit my wife's car. Four feet away from our daughter's bedroom window. If my wife's car wouldn't have been there, that bullet would have gone right into her room. This is unacceptable. We know -- Commissioner Carollo, you know the situation on 14th, between 14th Avenue and 15th Avenue on Southwest 6th Street. It's been like that for the past 50 years and everyone's worked very hard to try to curb the situation with the drugs dealing there. We've always maintained a line. The residents that live there and the individuals selling the drug. They don't mess with us; we don 't mess with them. The moment that our cars, our homes start getting bullets, they crossed the line. Commissioner, I need your help, I need the police chief's help. These people need a message. They do not mess with the residents of the City of Miami. This cannot happen. This is City of Miami Page 6 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 unacceptable and untolerable [sic]. So, I ask please help us with this situation. Talk to the chief. This is beyond this is beyond the line. Unacceptable. Thank you very much. Chair King: Thank you. Good morning Brenda Betancourt: Good morning. My name is Brenda Betancourt. I live in 1436 Southwest 6th Street. I think I know all of you. I've been coming to the City for almost 20 years. I am part of the community. I own a business. I graduated from high school right here in Miami High. My daughter goes to Miami High. And I think people get upset with you, Commissioners, all ofyou, because we see the crime in our street. And we talk to all of you, the chief and we still feel that the drug dealers have you guys in the pocket. And I'm going to be very forward in this. I've been in that block for ten years. I lived in Little Havana for 33 years. And it's a shame that we have get to the point that we get bullets in the middle of the city. AR-15, 9 millimeters. And I wonder all the time that we actually making any effort to actually get those dealers out of our street. And we see all beautiful cars parking and buy drugs. Lamborghinis, BMWs, Mercedes-Benz of the year, they all come to Little Havana to buy drugs. Do we want to parade that Little Havana has become the point for Brickell to come over and buy drugs? No. But maybe that's what we need to do. Maybe we need to tell every single one of you that the resident for the rest of the city comes to us to sell. When are we going to stop? When are we going to stop? And I'm telling you, as a mother, I'm ashame of me doing so much and trying to get things done in the city of Miami, in my neighborhood -- Chair King: Thank you. Ms. Betancourt: -- and doesn 't feel that you guys are actually helping or care. Chair King: Thank you. Ms. Betancourt: Sorry. Chair King: Thank you. Vice Chair Carollo: Chair, when you're ready to close down, I'd like to talk. Chair King: At this time, seeing no other persons wanting to speak for public comment, the public comment period has now closed. And before my colleague begins to speak, I want to thank everyone that came from Wynwood to speak on the item and to assure you that we will continue to move forward and work toward having Roberto Clemente Park be a park that is worthy of the name Roberto Clemente Park. So thank you guys for coming and thank you guys for always showing up and supporting. Vice Chair. Vice Chair Carollo: Thank you, Chair. If the Manager could come from the back where he's working on the budget. And if we have the Parks Director, Public Works Director, Police Chief back there, I respectfully request if the Manager could bring them. Victoria Mendez (City Attorney): They're grabbing the Manager. Vice Chair Carollo: Okay. Mr. Manager, I respec fully requested if the Police Chief the Public Works Director, and Parks Director can come. Arthur Noriega (City Manager): We're all in the back. City of Miami Page 7 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Vice Chair Carollo: I'll deal with one that's a little quicker, and that 's Roberto Clemente Park. We were shown the park in somewhat of a disarray state of flooding when it rained recently, and that seems to me that it should be a very easy fix on drainage. Commissioner Reyes: Excuse me. You -- could you speak up a little bit? Vice Chair Carollo: Yes, I'm sorry, Commissioner. I was saying that the Roberto Clemente flooding seems to be a fairly easy fix. Commissioner Reyes: Yes. Vice Chair Carollo: To put additional drainage in there. Can the Parks Director answer me or the Public Works Director as to what 's been going on? Juvenal Santana: So, good morning, Commissioners. Juvenal Santana, Director of Public Works. There are currently two projects underway. I'll speak to the one that we're directly involved with, which is the Roberto Clemente Flood Prevention Project. That was one of the projects that the Commission approved the matching dollars at the last Commission meeting. We received a grant for the remaining half of the project, so that'll be a split funding. And we are currently working on getting a consultant on board to commence the design for that. We have the entire boundary, the project's fully funded, so we can move forward with that entire neighborhood project. Vice Chair Carollo: How many --? Mr. Santana: And there's a park project that's also going to be doing a significant improvement on the park. Vice Chair Carollo: How many years -- and I'm not being facetious, but everything here takes years. How many years is it going to take now for your department or whomever else is going to be hired to put drainage in there so that we don 't see things like that anymore? Mr. Santana: We would expect that the neighborhood improvement project we'd have completed in the next three years. Vice Chair Carollo: How long? Mr. Santana: Three. Vice Chair Carollo: Three years. The park in particular, how long will it take? Mr. Santana: I'll let OCI (Office of Capital Improvements) answer. Hector Badia: Good morning, Hector Badia, Office of Capital Improvements. We're starting the design on that project, Roberto Clemente, and we're looking at probably next year, summer next year, to start construction. Vice Chair Carollo: Sometime next year, okay. All right. Chair King: Commissioner, I meet with them regularly. I pledged money myself. Vice Chair Carollo: I know you have. City of Miami Page 8 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Chair King: And I work with the community and we meet every month for an update because you 're correct. It seems as if it takes so long for progress to be seen. The flooding has -- this community has experienced this flooding for many, many years. They're going to put new pump stations, correct? Mr. Badia: As part of the roadway construction, yes. Vice Chair Carollo: Okay. Thank you. Now, Chief can you come up please? Chief the very morning when we had this shooting on 14th Avenue and 6th Street in Little Havana, Southwest, you and I and the Manager met in my office, correct? Manuel Morales (Chief of Police): Yes, sir. Vice Chair Carollo: Okay. For the last months and months, haven'tI been requesting and providing assistance from neighbors, information we 've gotten on drugs being sold in different areas, and your people have been making constant arrests for drugs and guns in that area. Is that correct or not? Mr. Morales: Absolutely, sir. You have been incredibly active in reporting complaints that you've received from not only the neighbors, but you observe personally as you drive through Little Havana. I can report to you that this year we've set a number of - - a record number of search warrants for narcotics in locations, 133 year to date, which is probably about 25 percent more than what we did last year. I'm waiting for the exact numbers and I can pull up -- it'll take me a little bit, but I can pull up the numbers of narcotics arrests just in Little Havana where we have been more active than just about any other area short of Model City and Little Haiti that face similar problems. Vice Chair Carollo: This particular shooting that took place was gang related, correct? Mr. Morales: It was gang related and it was actually targeted. The individuals that were standing in front of the location were the intended targets of that shooting. And we're working some leads. Nothing that I'm ready to divulge right now because it 's an open investigation. Vice Chair Carollo: Right. Mr. Morales: But we're working some leads. Vice Chair Carollo: Okay. Chief I know that in all of our urban areas in the City of Miami -- just like in every major American city, but we live in Miami, so that 's what I'm most interested in -- in all major urban areas in our country, unfortunately, we're in a drug war, whether we want to admit it or not. We're being inundated with drugs across the border like never before. And this is part of the reason that we see the uptick in all our major American cities in the so-called homeless. There are people that are getting burned out with a lot of these new drugs, don 't take that much usage to end up that way. It 's -- while certainly this incident is -- and especially if you live there, if, you know, your vehicles got shot at, you have every right to be upset and to be concerned. And I would feel the same way and probably more if, you know, I would have been close to that and my car was shot. But you know, this community needs to get more outrage. When I say this community, not just the City of Miami, but South Florida as a whole. How many -- and the bulk of the drug problems that we 've been having is urban city, which means it's African American areas. And then the next areas are Hispanic areas that are poor. And how many kids, you know, two, three, five -year -olds, teenagers have not only been shot throughout the past decade but have actually gotten killed because of the drugs in our community. And you know, this City of Miami Page 9 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 community just doesn't get outraged enough to do something about it. Now, Mr. Manager, I would like to have this city, through the police department, establish a fund, and we actually do a mail -out throughout all of our urban areas, not just this area where this happened, Little Havana, putting out a sizeable reward for information that leads to the arrest and conviction of individuals selling drugs in our city. The only way that we could be successful is by having the participation of our residents. Unlike what the gentleman here said before, that they lived -- that they didn't mess with the drug pushers, the drug pushers didn't mess with them. Well, I'm sorry. Residents have to mess with the drug pushers. They have to provide information to the police because that's the only way that we're going to be able to make the biggest impact on the war that we're fighting on drugs in our city. So, I'd like to see, Chief, if we could come up with a plan that we send mail -outs to every home. We are actively out there in all the different inner-city communities, letting people know that we need their help and here's a reward fund that if you provide information that would lead to the arrest and convictions of drug pushers, you're going to get a reward. And outside of that, whatever else you could do to put additional manpower into chasing the drug pushers out of our city would be quite appreciative. Mr. Morales: And Commissioner, listen, my heart absolutely goes out to the residents over here today. I'm a Little Havana resident myself, so I feel their pain and I hear their cries loud and clear. And I can assure you -- Vice Chair Carollo: I heard that. You moved into my district. You're a constituent now. Mr. Morales: So -- Vice Chair Carollo: I've got to treat you nicer. Mr. Morales: So, I take absolute pride, not only in the city that I'm sworn to protect, but the area where I live and my family visits quite often. So, I can just report to you that the incident that we had this weekend, incredibly unfortunate, it is an increasing rarity in the City of Miami. When we're looking at a city of -- I mean, the census numbers vary -- but we should be above half a million and we're standing at 20 homicides compared to 34 last year. Any major city in the United States, even though the loss of one life is tragic, and we always aim for zero, right? We're experiencing historic lows. Not only are homicides down 40 percent, our overall shootings are down about 46 percent, right? So, we take pride in that. We definitely have issues in areas of the city. We're focusing on those. We did put up some video cameras as a result of the shooting in that area that are going to give us a (INAUDIBLE) vantage point and we're going to be able to enforce it more aggressively. But I can tell you out of the almost 15 or 1,600 drug arrests, about close to 250 have been in Little Havana of the narcotics, serious narcotics. So, we're targeting the area. We'll continue -- our efforts will continue to move forward until we're able to provide safety for every neighborhood in our city. Vice Chair Carollo: Those couple of blocks there in particular, they've been a hotspot since I arrived here in November 17. I remember that within weeks after I had been elected, neighbors calling me, giving me information about a house right at the corner there of 6th Street. I believe it was 16th, just two blocks down. I provided that to our narcotics unit, and sure enough, we made a major drug arrest there that included a lot of drugs and guns and money. And soon after, it appears that whoever rented again was doing the same thing. So, we kept providing that information. Right in the corner where this shooting took place, that's where you had a little cafeteria or so- called cafeteria in the past. Mr. Morales: Yeah. City of Miami Page 10 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Vice Chair Carollo: I think it's finally closed down. And we shut it down at different times. They had illegal gambling machines. They had drugs. They had all kinds of things going on. In fact, there was a secret door between that so-called cafeteria and the grocery store next to it on 6th Street. It's a constant problem in that area and we just have to put more resources as much as we can in doing it. But we need help from the residents. You can 't have status quo that you can 't mess with these characters. Do you have any reports on how many vehicles were shot in this incident that happened? Mr. Morales: I don 't have it with me, but I can get it from my investigator folks. Vice Chair Carollo: Yeah, if you could bring it back if we're still around in the afternoon sometime. Mr. Morales: I know there was a total of 14 rounds that were fired so I can find out. Vice Chair Carollo: Do you know if the weapons --? Well, you haven 't found any weapons therefrom what I gather. Mr. Morales: We have not recovered any firearms related to this case yet. Vice Chair Carollo: Okay. All right, Chief. Thank you very much. Mr. Morales: We'll keep you posted, sir. Vice Chair Carollo: Sure. Manager, thank you. Commissioner Covo: I have a question, Madam Chair. Chair King: Commissioner Covo. Commissioner Covo: So, since we're going through the whole budgeting situation right now, I wanted to ask you, Mr. Manager and Chief what are we doing specifically to hire more police officers? Because for example -- and I've been calling you, Chief daily on this -- for District 2, it's been really tough and a lot of the petitions that we have is for more police patrols and also that our starting salary is not competitive to other cities within our county. So, is there anything specific that we're doing to address that? Mr. Morales: So, if I could, we stand at 1,388 as our manpower. I'd like us to get eventually closer to around 1,500 to serve -- Commissioner Covo: 1500 would be a number, the ideal number? Mr. Morales: Correct, for the time being, looking at -- we're a small geographical city but we're incredibly vertical, so that brings challenges onto itself to policing. Right now, the justification to have more officers added to our table of organization is not there because we're carrying 86 vacancies. It's a nationwide crisis, not only for recruitment but retention as well. We've lost 51 or 52 officers this year and we've only been able to hire 32. So, we're working extremely hard with our folks at recruitment, not only to make sure that the advertisement's out there, but we're kind of targeting folks and officers that are already certified and perhaps that are working with other departments, right? So, when we hire an officer, just the difficulty is they're no good to us for about 12 to 13 months while they're going through training. They're going through the academy, then they go through the field training process, and then enhanced training at the end, crisis intervention, and some of the other focus areas that we have in report writing. So, it kind of takes a while. If we get someone who 's City of Miami Page 11 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 already certified, it only goes through the field training program and the intent. So, I can have them on the street maybe in five months. So, we are targeting those folks. We're working very closely with the administration. One of the things that we've done is augment. And one of the things that you'll see in the budget for this year is we went from $4.1 million in overtime to around 8.6. So, what that allows is the officers that are out there to be able to provide additional manpower and coverage and presence in the areas where we need them, whether it be 14 and Southwest 6, whether it be downtown on the bus -- in the downtown core area, or whether it be in Model City in our north district. It allows us the flexibility and every commander has access to those funds to put officers where they're needed. And this has been, honestly, the reason why we've seen the incredible reduction that we have in violent crimes throughout the city when we're running around right now looking at a 14 to 13 percent reduction in robberies. We just talked about the 40 percent reduction in murders and about a 46 percent reduction in overall shootings, whether it be contact or non -contact shootings. But we're definitely aware, and Chief Aguilar recently transferred to administration just with the focus of how do we streamline that process. How do we get the folks from the time that they apply in CDHR to get them to the police department in a more expedited way to be able to hire them more quickly? That's some of the delay that we've been experiencing from the time we get them from the city to the time that we're able to offer them a job. And they go through the extensive background, the physical agility, the background check, the medical, the polygraph, the psychological. Those things kind of take time and scheduling, but we're streamlining that process, not reducing our standards, because that brings onto itself a lot of problems that we don't want to repeat from history. But it allows us the ability to kind of hire and bring more folks into it. So, we 're -- Commissioner Covo: And the salaries, Mr. Manager? Mr. Noriega: So, we're actively engaged in negotiations with the labor union, so that's been an issue that has been brought up during multiple sessions relative to pay and competitive pay, so we're trying to work towards that. We're -- you know, it's not an easy fix in one year, right, so that's kind of what we're working on is sort of a multi year strategy. And, you know, we have limitations to the budget like everybody else does. But Miami in particular has its own challenges. So, we made a concerted effort to reduce the millage this year, which, you know, was an effort made by, you know, obviously the Mayor and the Commission to provide some relief to the residents. But that created some limitations to our ability to pay. I think, you know, we're negotiating with four labor unions and I think we're trying to create some balance to that. But our commitment is to try to get our, you know, employees across the board, not just in reference to police, in as competitive a position as we can because, you know, challenges he's having from a recruitment perspective are due to a multitude of factors, pay being one of them, but that situation exists across the board through all of our employees in every department, right, our ability to be competitive as a city in terms of recruitment and retention. So, we're trying to address some of those as well, but the problem is you kind of take a bite at the apple all at once. You know, we've got to -- unfortunately, we've got to try to resolve it in sort of a multi year strategy, otherwise we'll handcuff ourselves from a financial perspective. But we are working on it, and we are sensitive to it. Commissioner Covo: I agree, but it should be a priority, because then if we don 't allocate the right budgeting to each of the departments, then we start getting the constituent petitions, and our constituents just don 't understand what's going on. But we need to be competitive because the City of Miami should be competitive to Coral Gables. We should be competitive to North Miami. I just hate when I get, for example, a comment from a constituent that tells me -- and I'm going to go back now to Parks and Recreation, which has been one of the big issues that we're having -- that why does Miami Beach and Coral Gables have wonderful parks and we don't, and then City of Miami Page 12 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 why do I need to drive to take my children to other cities because we don 't have our parks well maintained? And then you speak to one of the park employees, and I go actually online and I check the salary, and I'm like, these people are doing this amazing job because they're trying, but of course, they're getting paid probably 15 an hour, or if not, they don 't get hired to be full-time employees, so they don 't get benefits. So, for me, our employees in general in every department is a huge concern and I just want to put that on the record. Chair King: Thank you. I think -- Vice Chair Carollo: Chair. Commissioner Reyes: Madam Chair. Chair King: I think what my colleagues -- Vice Chair Carollo: Chair, no, no, no. I -- Chair King: Let me say this. Vice Chair Carollo: Okay. Chair King: I think what my colleagues are saying is that we are concerned about the crime in our districts. There is no one up here that is not concerned about the crime because crime doesn't just affect you. We live in the district as well. No one here, anywhere, condones violence, gun violence. I was at an event yesterday that highlighted gun violence and what it does to the families. We care about our community and the crime that is occurring in our community, and we need everyone 's help to combat crime, not just the police. Our police has an amazing community policing procedure. They introduce themselves to the residents and the neighbors in District 5. Our district sees our community police officers before individuals are arrested in my district. It is unfair to say that we don't care about crime in our community because crime affects everyone. Crime affects every family in the City of Miami, and we are collectively, the police department, the administration, and policy makers, to ensure that we have the safest city in the United States, period. Commissioner Reyes: Madam Chair. Chair King: You wanted to say -- Commissioner Reyes: If I may. Chair King: Commissioner. Reyes. Commissioner Reyes: Oh, yes. Madam Chair, I agree with you a hundred percent. Crime affects all of us. And we are -- (INAUDIBLE) neighborhood is affected. It affects all of us because we are in this together. And I have a question for the Chief because we had a lot of vacancies that have been very difficult to fill, besides the constraint of different salary. But I believe there are certain other issues that we are not getting the right type of applicants. And I don 't know if it is because there is -- and this is not a problem in the City of Miami, it 's a national problem, that many people, they don't want to be police officers anymore because they have been -- definitely, and I'm going to call it a spade a spade -- they have been abused. There are bad cops and there are very good cops. But they have been generalized and they have been abused and the young people that I know, I recommend and say listen, do a career in the police department, and they don 't -- why. They said, why would we become a police. They -- nationally, they want to defund the police. You can -- the police cannot City of Miami Page 13 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 do anything. They get beaten up, they get spit at, they claim to have -- I mean, they want to have them in a (INAUDIBLE). All of those things that have taken away the, I would say, the dedication and the interest of many young people that otherwise would have been police officers. And I want to ask you, Chief you have seen that in your recruiting, during your recruiting during these years? Mr. Morales: So, Commissioner, that's a great question. And as we touched before, it's kind of a national crisis when we're looking at that. And since not only COVID, but the civil unrest of 2020, we have seen a decreased interest in folks applying to become police officers. Compounded by the fact that we only hire about 2 percent of the folks that apply, right? Our standards have to be maintained high. Like as I said before, we don 't want to kind of repeat the mistakes of the past and bring unqualified individuals into the force because we'll pay that. Those are the folks that will be involved in litigious actions that will cost the City money. Those are the folks that will not treat our public in the right manner, that is something that's unacceptable. So, just to give you a little bit of an idea, there are cities, major cities, that are struggling and are still offering like a $75,000 signing bonus for anyone who is hired by their department. And that's had a negligible impact on the overall number of individuals that they've been able to hire. So, I mean, as we're looking across and when you 're seeing that young folks really are opting for jobs that offer a remote opportunity to work from home and be able to do all the things, yeah, we've seen diminished interest in our profession overall. But that hasn't deter us from trying new strategies to try to bring folks into the fold. And there's still a lot of good folks out there. You just got to kind of be able to connect, but it 's a very competitive market at the time. Commissioner Reyes: Okay, is there anything we can do to try to entice people that feel like being a police officer is not to their best interest? Entice them into applying and become a police officer. And what comes to my mind is giving them full support as long as they respect the rights of the individual that they are serving., you see. Mr. Morales: Absolutely. And Commissioner, I think we're going to begin in the next few years, we're going to be seeing the fruits of our labor kind of ripen. As the Chairwoman stated, we do have an incredibly police -- active community policing arm, and we pay attention, we're engaged in contacting and being involved in positive ways with our youth through our PAL (Police Athletic League) program, the police explorers, and even taking advantage of the law enforcement memorial high school that we have next to our training academy. As we begin to see these folks becoming of age, that's going to give us a little bit of a different pool of applicants that are going to be not only qualified but have already the City of Miami in their heart, in their blood. So, we should be seeing some improvement soon, but not soon enough, I'm afraid. So, we're augmenting it with overtime for the time being. Commissioner Reyes: Thank you, sir. Thank you. Mr. Morales: And Commissioner, three vehicles were struck in the scene of the shooting at 14 and 6. Vice Chair Carollo: Let me go over something that Commissioner Covo asked you, and I don 't know if she understood it well. It was explained in the layman 's term for her, for others who were listening. In a city the size of Miami, with the visitors and tourists that we get and so on, Miami should have -- the ideal number that Miami should have is at least three officers per each thousand residents that we have. In smaller cities with less tourist that come or visitors, that could, you know, be somewhere around two and a half even two in some cases in real smaller cities. But a city Miami's size should be at least three per thousand residents. We have a population that 's approximately 450,000 in the City of Miami, therefore, the three officers per thousand on 450, 000, we should have at least 1,350 officers. We have City of Miami Page 14 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 ORDER OF THE DAY budgeted 1,383, which means that we have -- if we would have them all on board, it would give us 3.083. So, as far as manpower in the police department, we should be in good shape. Now, the question that I want to ask the Chief that I haven 't gotten the answer today, is how many openings do we have? Mr. Morales: 86 vacancies right now. Vice Chair Carollo: 86, okay. So, that 's your answer. You know, 86 is significant. There's no way that you're going to hire 86 officers in one year. It's not going to happen unless you're just bringing in anybody. And that 's the last thing we want to do. We don't want to repeat history. So, as long as we, within the next couple ofyears, we can hire these officers, you know, we'll be more or less still there in the right amount of officers that we need. But then after the next couple of years, by the 2025 budget, is when we need to start planning and bringing in more officers on. Agree, Chief or not? Mr. Morales: I agree. I just got a text by Chief Aguilar. He's assuring me that we will hire 86 this year. Vice Chair Carollo: Well -- Mr. Morales: We'll put that on the record right now. Vice Chair Carollo: Yeah, I hope they're all as good as he is. Mr. Morales: And taking you back, I think, remember when we instituted the DROP (Deferred Retirement Option Plan) in 2010, the seven-year limit came in at 2017 when we saw about 356 officers leave the department more or less. We were able to hire that year 114, but that was before COVID, before the disturbances of 2020 that kind of deterred a lot of the folks in the recruitment pool. So, we'll absolutely do our best because we know we need them out there. Vice Chair Carollo: Okay, I'll have some more questions, but I'll leave it for the budget side not for now. Mr. Morales: Yes, sir. Vice Chair Carollo: Thank you, Chief. Chair King: Thank you, Chief. Mr. Morales: Thank you, ma'am. Chair King: I want to say good morning to my colleague, Commissioner Manolo Reyes. Buenos dias. And at this time, I will have our city attorney provide the statement for our records. Commissioner Reyes: I'm sorry, Madam Chair, good morning. Chair King: Good morning. Commissioner Reyes: Good morning to all of you. I'm sorry I cannot be there with you, but pretty soon you're going to be seeing me. City of Miami Page 15 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Chair King: Glad to have you. Glad to have you. Commissioner Reyes: Thank you. Chair King: Madam City Attorney. Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about the process, order of business, rules of procedure, and scheduling or rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code, a copy 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 the related City requirements for lobbyists before registering and 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 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 hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission 's discretion. In accordance with section 2-33(f) 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 for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin at approximately 9 a.m. and remain open until public comment is closed by the chair. 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If a proposition is being continued or rescheduled, the opportunity to be heard may be at such a later date before the City Commission takes action on such a 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 derent 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 an item considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. PZ (Planning and Zoning) items shall proceed according to section 7.1.4 of the Miami 21 Zoning Ordinance parties for any PZ City of Miami Page 16 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 items, including any applicant, appellant, appellee, City staff, or any person recognized by the decision -making body as a qualified intervener, as well as the applicant 's representatives and experts testing 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 Clerk. The members of the City Commission shall disclose any ex parte communications pursuant to 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 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 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 may 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 Facebookpage, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Virtual attendance. Pursuant to advisory legal opinion, AGO 2020-03, issued on March 19, 2020, the Florida Attorney General opined that consistent with prior Attorney General opinions, a member of a local government body who is physically unable to attend a meeting because of medical treatment or due to medical reasons can participate and vote in meetings where a quorum of the other members is physically present. Thank you. Chair King: Thank you, Madam City Attorney. Mr. City Clerk, would you please read your statement for the record? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals providing testimony to be sworn in for Planning and Zoning items and any quasi- judicial items in today's City Commission will be as follows. The members of the 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 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 the meeting? And Chair, if I may administer the oath for the Planning and Zoning items. Chair King: Please. 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. Mr. City Manager, do you have any items that will be withdrawn or deferred from the agenda? 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: CA.4, to be deferred to October 26th; RE.3, to be deferred to November 16th; FR.1, to be indefinitely deferred; PZ.5, to be City of Miami Page 17 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 indefinitely deferred; PZ.13, to be deferred to October 12th; PZ.14, to be deferred to October 12th; and PZ.15, to be deferred to October 12th. That concludes the item. Chair King: Thank you. Vice Chair Carollo: (INAUDIBLE). The second deferment that you mentioned after CA.4? Mr. Noriega: Yes, sir. Vice Chair Carollo: What number was it? Mr. Noriega: RE.3. Vice Chair Carollo: RE.3. Thank you. Chair King: Mr. City Manager, I'd like to be named the sponsor for PZ.9. Mr. Vice Chair, do you have any items you'd like to defer or withdraw? Vice Chair Carollo: Not at this point in time. Chair King: Okay, Madam -- Commissioner Covo: Madam Chair, I don 't want to defer FR.1. I want to pull it for a discussion. Please, it's important. Vice Chair Carollo: Alright. Chair King: Yes, okay. That's fine. Madam City Attorney, do we have any pocket items? Commissioner Reyes: Madam Chair, you didn't ask me. Chair King: Oh, I'm so sorry. I'm so sorry. Commissioner Reyes, do you have any items that you would like to add? Commissioner Reyes: No, ma 'am. Not at this time. Chair King: Sorry. Commissioner Reyes: Thank you. Chair King: Lo siento. Lo siento. Madam City Attorney, do we have any pocket items today? Ms. Mendez: Madam Chair, I believe we have one pocket item that you 're graciously sponsoring for the Administration that has to do with executing the Florida Division of Emergency Management's Florida Recovery Obligation Calculation Program Participation Form. Chair King: Mr. City Clerk? Mr. Hannon: I have one pocket item. It's a board appointment. Commissioner Carollo will be making an appointment to the Bayfront Park Management Trust. Chair King: So, Mr. City Clerk, will the Bayfront pocket item be Pocket Item 1? City of Miami Page 18 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Mr. Hannon: We can make your -- the one that the City Attorney referenced PL 1 and we can make -- Chair King: PL 1, okay. Mr. Hannon: -- the board appointment PI.2. Chair King: Okay. Mr. Hannon: And I do have a brief statement I need to read into the record for PZ. S. Chair King: Please. Mr. Hannon: Pursuant to Section 62-22 of the City Code, indefinitely deferred action initiated by the City will cost the City mail, noticing, advertising, and posting of properties as applicable. Thank you, Chair. Chair King: Thank you. And at this time, I understand that we have personal appearances. Mr. Hannon: Chair, my apologies. Is there a motion? Chair King: I'm sorry. Is there a motion to -- Commissioner Reyes: Move it. Chair King: -- accept --? Motion by Commissioner Reyes. Second? Vice Chair Carollo: Second. Chair King: By Vice Chair. All in favor? The Commission (Collectively): Aye. Chair King: The agenda has now been set. [Later... J Chair King: I also would like, Mr. Manager, to indefinitely defer PZ.3 and 4. May I have a motion? Vice Chair Carollo: PZ.3 and 4? Commissioner Reyes: Move it. Chair King: PZ.3 and 4. Vice Chair Carollo: Move. Chair King: I got a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 19 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - City Commission Meeting - Jun 22, 2023, 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: At this time, I would like to have a motion to approve the City Commission meetings -- the City Commission meeting minutes for June 22nd. Vice Chair Carollo: Move. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. 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 20 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 14278 A PERSONAL APPEARANCE BY EDDY LEAL REGARDING ALLEN MORRIS PARK. RESULT: PRESENTED Chair King: And at this time, I believe we have some personal appearances. Mr. Eddy Leal. Good morning. Eddy Leal: Good morning. (INAUDIBLE) minutes just to set up, please. I'll be quick. (INAUDIBLE). Good morning, okay. Testing, testing. Good morning, ok. Thank you. Ready to begin. Good morning, Commissioner. Good morning, the staff. I first want to say thank you. I worked with your staff at the last Commission meeting to get some of the documents, and thank you, Victoria. We were able to get some of them. I know there's some missing, and we'll work after, but at this point, I'm ready to proceed to discuss on this particular important topic. I want to first talk about the City's master plan. The City's Parks Master Plan, as you all remember, was recently approved by this Commission. It was a long-lasting effort of almost five years. The City consultant was retained on August 29, 2018. It took five years to develop, and I think we incurred -- at least the professional services agreement -- almost half a million dollars in order to develop this agreement. It's a combination of more than 200 pages. In one of them, I want to highlight for you is page 185. And in the master plan, what they did was they identified areas that are park deserts. I'm about to say something that I'm sure is very well known to all of you Commissioners and to the residents that are here. The area that is highlighted that is the Brickell area is an area that has been widely identified as in need of park, particularly park space. And it 's highlighted again on the Parks Master Plan that identifies that, among other areas, as an area of park desert. Now, ironically, I want to talk about one of the remaining parks in our district, in District 2, particularly the Brickell area. It's the Allen Morris Park. And there's an image of the park as it used to be at some point. Now there were two recent resolutions that were considered by this Commission. One of them was on May 11, 2023. In that resolution that incorrectly cited to the wrong appellate case, the Commissioner directed the City Attorney's Office to abandon a park and to not protect this park, an area that was not that long ago identified as a park desert. Now, I was surprised to see that because of March 9, 2023, the City presented a 47-page brief that sought to protect the park and there was no discussion on the merits of the brief. There was no shade meeting that took place ever to discuss this legal proceeding. With your permission, I would like to introduce this and I'm happy to share with the Clerk. Todd, may I share this with you so you can publish when necessary? Thank you. And this was entered in the appellate court of the Third DCA (District Court of Appeal), and I'm referring to the City of Miami versus 1000 Brickell, LTD in the Third DCA court of this jurisdiction. It makes, I think, very strong and compelling arguments by your City Attorney's Office that would have resulted in a reversal of the decision by the trial court. It made very simple points, and I'm going to address you, Chairwoman, because I think you 're the only attorney on the dais, but I know many of you are very adept on legal matters. One of the arguments that was raised was the statute of limitations has passed for you to file a lawsuit. Five years is what Florida law requires, and they highlighted that in the brief. In addition, Chairwoman, you and I know, and I think all the Commissioners here know, that you can not prevail on a summary judgment when City of Miami Page 21 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 there are competing narratives. You have to go to trial. And that would have resulted -- that 's typically how most summary judgments result in a reversal. That was never discussed. But it unfortunately, it gets, in my humble opinion, worse. Ironically, the same day that this Commission approved the Park Master Plan that identifies Brickell to be an area of being a park desert, you approved, through a pocket item, a settlement agreement that does the following. With no discussion from the public, and I've made it very clear in my past and even working at the City that pocket items should not be used to approve settlement agreements that have long-term consequences, particularly that we're abandoning a park. What did that settlement agreement did that allowed no opportunity for the public to be heard? One, it allowed a massive rezoning, so no longer CS, civic space, to a skyscraper as high as 48 stories. What makes it worse is that we, the taxpayers, are actually going to be paying for the rezoning. So, we are paying the notice, we're paying the application, we're paying everything on the application. I've never seen this done before. Chair King: Thank you. Mr. Leal: Let me finish, please. Chair King: You had five whole minutes there. As an attorney, you know you have to make your arguments succinct. Mr. Leal: Understood. Let me -- Chair King: Thirty seconds. Mr. Leal: Thank you. Chair King: Thirty seconds. Mr. Leal: In addition, there was no consideration of no net loss. If you're going to take a park out, you need to bring a park in. That's the law that we currently have on the books. So, in conclusion, we have through this process abandoned a park in an area that is densest in our city, allowed a massive rezoning, the taxpayers are paying for it. So, in light of these findings, I humbly request that you reconsider this decision and honor our commitment to parks. I think this agreement is unenforceable and you can consider it at a minimum. Chair King: Thank you. Mr. Leal: Thank you. Chair King: Thank you. Mr. Leal: Thank you. Thank you. Chair King: I -- Vice Chair Carollo: Chair? Chair King: Yes. Vice Chair Carollo: Before he steps down, I'm curious about something that I want to get to. At the time, you were working in the City of Miami? Mr. Leal: I was an employee at some point in the City of Miami. Yes, Commissioner. City of Miami Page 22 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Vice Chair Carollo: Okay. So, you were an employee at the Mayor's Office, correct? Mr. Leal: Yes. Vice Chair Carollo: You were the one that was in charge of bringing his agenda to the Commission and be the liaison, correct? Mr. Leal: No, your -- Commissioner. I was the -- Vice Chair Carollo: Well, tell me exactly your title at the time and what you did. Mr. Leal: General counsel, Commissioner. Vice Chair Carollo: General counsel for the Mayor. Mr. Leal: Yes. Vice Chair Carollo: But you were here all the time bringing his agenda, correct? Mr. Leal: Some of the items, not all the items, Commissioner. Vice Chair Carollo: You were aware that this was brought to the Commission and the resolution that was approved by the Commission? Mr. Leal: No, Commissioner. I was not a City employee at the time that these resolutions were being introduced. Not at all, Commissioner. Vice Chair Carollo: Okay, so -- well, you got me confused. Before you said you were an employee then, now you're telling me that you're not. Which is it? Mr. Leal: Commissioner, the deadlines that we have highlighted here, I was not a City employee. These were done during 2023. I was not a City employee. Vice Chair Carollo: Okay. But you were a City employee right prior to it, right? For a long time, for the Mayor's Office. Mr. Leal: For some time, before any of these resolutions saw the day of light. Vice Chair Carollo: Okay. Did you --? Mr. Leal: I was not part of the City. Vice Chair Carollo: Since you stated you were his general counsel, you also stated that you represented him here, and I certainly remember anything of importance, you were the face that was sent down here to speak to the Commission and address the Commission on the Mayor's behalf. Did you call him up and explain this to him so he could veto it? Because this was not vetoed by the Mayor, correct? Mr. Leal: This was not vetoed by the Mayor. Vice Chair Carollo: Okay, but you had that opportunity to speak to him and explain it so he could veto it, correct? Mr. Leal: IfI had -- 01 understand your question -- Vice Chair Carollo: But what I'm asking you is, did you at any point in time speak to the Mayor so he would veto this? City of Miami Page 23 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Mr. Leal: No, actually I spoke and I wrote an open letter about this to the Commissioner, and I'm happy to share with you a copy of it. Vice Chair Carollo: No, no, no, no, no, no, no. but what I'm asking is, since you had a direct in contact with the Mayor, that you, at any point when this was approved by the Commission through a resolution, that at any point did you contact the Mayor so that he would veto it? Mr. Leal: No, I did not -- Vice Chair Carollo: Okay. Mr. Leal: -- reach out to the Mayor. I reached out to my Commissioner. Vice Chair Carollo: That's all that 1 want to know. Mr. Leal: And I have it in writing here. Chair King: Thank you. I believe we have another personal appearance. Mr. Javier Fernandez. Commissioner Covo: Madam Chair, just I think that Allen Morris Park is now, Commissioner Carollo, in your district. Vice Chair Carollo: Yes, it is now in my district. That's correct. Commissioner Covo: Okay. PA.2 PERSONAL APPEARANCE 14712 PERSONAL APPEARANCE BY JAVIER FERNANDEZ REGARDING ALLEN MORRIS PARK. RESULT: PRESENTED Chair King: Good morning. Javier Fernandez: Good morning, Madam Chair. For the record, Javier Fernandez, law office at 1200 Brickell Avenue, on behalf of 1000 Brickell LTD, the party that was in litigation and the subject of the settlement that Mr. Leal was referencing. I do not have a formal presentation for you today. A lot has been said. I think some of the facts are incorrect. I don't want to get into the sincerity of today 's arguments. If the Commission has any questions about what our intentions were in trying to facilitate the settlement, I will just briefly say this is a situation that was in litigation for nine years. I applaud this board for bringing it to a conclusion. We are happy that the park is back in service to the public and available to them for use. Members of the family were here this week touring various projects that the company is sponsoring, and we were pleased to see that five or six people were having lunch on Tuesday when we visited the park and enjoying that public space, which has not been available for public enjoyment for the last 23 years. And with that, if you have any questions for me, I'm happy to take them. Vice Chair Carollo: How many square feet is this park again, for the record? City of Miami Page 24 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Mr. Fernandez: If I recall correctly, it's about 7, 700 square feet. Vice Chair Carollo: That's what I remember, more or less, somewhere in the 7,000 plus something. One of the issues that I heard was that no net loss. District 3 has been buying more land than any other district for parks. So, through the buying of additional lands in numerous places that we are buying, that should have covered more than any net loss by a long way that we would have had there. Mr. Manager, do we have anyone in staff or yourself that would agree or disagree with the statement that I've made, that with all the additional land that District 3, through the City of course, and your approval, has been buying for parkland, that that would have covered much more net loss than we would have had there? Arthur Noriega (City Manager): Commissioner, I was in the back with staff so I didn 't hear specifically what you said, but if you want to rephrase it quickly, I 'll say -- Vice Chair Carollo: Yes. Mr. Noriega: I mean, just from what you're telling me now, if it's an issue of whether or not we've added sufficient park space just in general, just in your district alone, in terms of land acquisition and park capacity, yeah, I'd say. Vice Chair Carollo: Allen Morris is a small mini -- Mr. Noriega: Yes. Vice Chair Carollo: -- park at issue that 's in my district now basically. Mr. Noriega: Yeah. Vice Chair Carollo: And we heard here that we had not done anything for the loss of that park and the net loss ordinance that we have. And what I'm submitting is that with all the additional lands that I have bought that is by far, by far a lot more than 7,000 plus square feet, we more than have made up for any potential net loss in that space. And I just wanted to -- Mr. Noriega: I would concur. Your district, when the Parks Master Plan, I think, was -- the consultant was on board and it was originally -- it had begun, your district had probably the least park space, and to your credit, you've done a lot of work, obviously, through staff on parks acquisition and in terms of park expansion in your district, so we've added a lot of capacity there, more than enough to offset this particular parcel. Vice Chair Carollo: And I just wanted to put that on the record. Mr. Noriega: Yeah. Vice Chair Carollo: And we still haven't stopped in acquiring more land. We'll be acquiring more in the next year or so. Chair King: Thank you. Vice Chair Carollo: Thank you, Mr. Manager. Mr. Fernandez: Madam Chair, on that point, I just want to clam for the record. The settlement does not guarantee a rezoning. Certainly my client would like for the property to be rezoned consistent with every other private parcel in the area. That 's City of Miami Page 25 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 what 's referenced in the settlement agreement. We cannot contract for zoning in the city, so there will be an application that the City will consider, the Planning, Zoning and Appeals Board, this board in its current or future configuration with regard to that request and the issues regarding the no net loss will be examined in conjunction with that submittal as well. So, I just wanted to add that for the record, sir. Chair King: Thank you. Eddy Leal: May I be heard on the no net loss issue? Chair King: No, your personal appearance was five minutes plus. Mr. Leal: Okay. Chair King: And that 's it. Thank you. Mr. Leal: It's just not an accurate discussion. Mr. Fernandez: Thank you. END OF PERSONAL APPEARANCES City of Miami Page 26 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 CA.1 14475 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Joe Carollo, Commissioner Manolo Reyes, Commissioner King, Carollo, Covo, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A SUBAWARD GRANT FROM MIAMI-DADE COUNTY ("COUNTY") TO CONTINUE FUNDING OPERATION STONEGARDEN IN AN AMOUNT NOT TO EXCEED $68,756.06, WITH NO MATCHING FUNDS REQUIRED FROM THE CITY OF MIAMI ("CITY") FOR OVERTIME REIMBURSEMENT OF THE MIAMI POLICE DEPARTMENT MARINE PATROL DETAIL IN COORDINATING AND ASSISTING THE MIAMI-DADE POLICE DEPARTMENT IN CONDUCTING ENFORCEMENT OPERATIONS TO SECURE AND PROTECT THE WATERWAYS SURROUNDING THE CITY; ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "OPERATION STONEGARDEN CONTRACT NO. R0562" FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO ENTER INTO A SUBAWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE COUNTY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID FUNDS IN COMPLIANCE WITH THE REQUIREMENTS OF THE SUBAWARD AGREEMENT. ENACTMENT NUMBER: R-23-0420 This matter was ADOPTED on the Consent Agenda. Chair King: Do I have a motion for CA.1, 2, and 3? Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay. City of Miami Page 27 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 CA.2 14378 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ELICAIRE CADET, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $65,000.00 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 ELICAIRE CADET VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 20- 001883 CA 01. UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-23-0421 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see Item Number CA.1. CA.3 RESOLUTION 14533 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FIVE (5) RIGHT-OF-WAY DEEDS OF DEDICATION AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("DEEDS"), FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEEDS. ENACTMENT NUMBER: R-23-0422 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see Item Number CA.1. City of Miami Page 28 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 CA.4 RESOLUTION - Item Pulled from Consen' 14664 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED MAY 9, 2022, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 1294386, FROM AON CONSULTING SERVICES, INC., A FOREIGN PROFIT CORPORATION PENDING AUTHORIZATION TO CONDUCT BUSINESS IN FLORIDA ("AON"), FOR THE PROVISION OF EMPLOYEE BENEFIT CONSULTING SERVICES, FOR THE CITY OF MIAMI ("CITY") RISK MANAGEMENT DEPARTMENT ("RISK"), FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM RISK, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH AON, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; 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'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Continue RESULT: COUNTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: Item CA.4 was continued to the October 26, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number CA.4, please see "Order of the Day." END OF CONSENT AGENDA City of Miami Page 29 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 PH.1 14488 Department of Housing and Community Development PH - PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME") FUNDS GENERATED FROM MAY 1, 2023 TO JULY 31, 2023, IN THE AMOUNT OF $44,564.93 AND AN ADDITIONAL AMOUNT OF $5,944.33 OF RECAPTURED FUNDS FOR A TOTAL AMOUNT OF $50,509.26, 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-23-0423 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: PH (Public Hearing) -- do I -- May I have a motion for PH.1, 2, 3, 4, 5, 6, and 7 -- 8 -- 5, 6, 7, and 8. Vice Chair Carollo: Move. Commissioner Reyes: Move it. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay. Victoria Mendez (City Attorney): I believe -- just to clam, PH. 6 needs four votes. Chair King: It was unanimous. Both 6 and 7 required a four -fifths. Ms. Mendez: And 8. Vice Chair Carollo: Yeah. Chair King: Which was unanimous. Ms. Mendez: Thank you. Chair King: Okay. City of Miami Page 30 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 PH.2 14489 Department of Housing and Community Development PH.3 14490 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") ADMINISTRATION AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM DELIVERY FUNDS TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. AND SUNSHINE FOR ALL, INC. FOR EACH OF THE 2023-2024 AND 2024-2025 FISCAL YEARS AS SPECIFIED IN EXHIBIT "A," SUBJECT TO THE AVAILABILITY OF FUNDING, TO PROVIDE HOUSING QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI'S SECTION 8 HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS AND HOPWA PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0424 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.2, please see Item Number PH.1 and `Public Comments for allltem(s)." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS GENERATED FROM MAY 1, 2023 TO JULY 31, 2023, IN THE AMOUNT OF $138,720.89 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-23-0425 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.1. City of Miami Page 31 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 PH.4 RESOLUTION 14502 Department of Real Estate and Asset Management A RESOLUTION OF THE CITY OF MIAMI COMMISSION, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-176 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A RETROACTIVE AMENDMENT TO THE MIAMI BALLPARK PARKING FACILITIES INTERLOCAL COOPERATION & LEASE AGREEMENT ("AGREEMENT") WITH THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, AN AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI, D/B/A THE MIAMI PARKING AUTHORITY ("MPA"), FOR THE MIAMI BALLPARK PARKING FACILITY, ALLOWING FOR THE ABATEMENT OF RENT FOR CITY OF MIAMI DEPARTMENT USE AND REDUCTION OF RETAIL SPACE LEASED TO MPA AND PROVIDING FOR THE APPORTION OF RETAIL SPACE FOR CURRENT AND FUTURE CITY OPERATIONAL USE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AMENDMENTS, EXTENSIONS, AND DOCUMENTS NECESSARY TO THE AMENDED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0426 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.4, please see Item Number PH.1. City ofMiami Page 32 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 PH.5 RESOLUTION 14564 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE FLORIDA POWER & LIGHT COMPANY, A FLORIDA PROFIT CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT TO THREE AREAS CONTAINING A COMBINED TOTAL SIZE OF APPROXIMATELY SIX HUNDRED SIXTY-THREE (663) SQUARE FEET ("EASEMENT AREA") OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 4355 SOUTHWEST 42 AVENUE, MIAMI, FLORIDA (FOLIO NO. 01-4129-000-0150) ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, INCLUDING CABLES, CONDUITS, APPURTENANT EQUIPMENT, AND APPURTENANT ABOVE GROUND EQUIPMENT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT AREA LOCATED AT THE PROPERTY. ENACTMENT NUMBER: R-23-0427 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.5, please see Item Number PH.1. City ofMiami Page 33 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 PH.6 RESOLUTION 14605 Commissioners and Mayor 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 ("CITY CODE"), 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 "A," 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 GRANT FUNDS FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API"), IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($150,000.00) TO THE FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("FOCAL"), IN SUPPORT OF THE FOCAL MOORE PARK LEARNING CENTER PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0428 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.6, please see Item Number PH.1. City ofMiami Page 34 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 PH.7 RESOLUTION 14650 Department of Real Estate and Asset Management A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGLER EYE CARE, INC. ("LICENSEE"), FOR THE USE OF PROPERTY LOCATED AT 174 & 176 EAST FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), FOR A ONE-YEAR TERM AND PROVIDING FOR A MONTHLY USE FEE ("MONTHLY USE FEE") OF ONE THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS AND SIXTY-SEVEN CENTS ($1,936.67) WITH TWO (2) ONE YEAR OPTION TO RENEW WITH ADDITIONAL TERMS AND CONDITIONS AS SPECIFIED ON THE TERM SHEET, ATTACHED AND INCORPORATED AS EXHIBIT "A" ; PROVIDED LICENSEE IS CURRENT ON ALL PAYMENTS TO THE CITY, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-23-0429 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.7, please see Item Number PH 1. City ofMiami Page 35 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 PH.8 RESOLUTION 14653 Commissioners and Mayor 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 THREE MILLION AND 00/100 DOLLARS ($3,000,000.00) FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF MFE PROGRAMS ("FUNDS") TO LIBERTY RENAISSANCE APARTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), TO CONSTRUCT A NEW AFFORDABLE HOUSING DEVELOPMENT THAT WILL CONTAIN NO LESS THAN NINETY-EIGHT (98) AFFORDABLE HOUSING RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE AVERAGE ANNUAL INCOME IS BETWEEN THIRTY PERCENT (30%) AND SEVENTY PERCENT (70%) OF AREA MEDIAN INCOME, AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO BE KNOWN AS "LIBERTY RENAISSANCE", LOCATED AT 1305, 1321, 1331, 1341 AND 1361 NORTHWEST 61 STREET AND 1320 AND 1370 NORTHWEST 61 STREET, 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; DEALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED THREE MILLION, SIXTY-FOUR THOUSAND, SEVENTY AND 00/100 DOLLARS ($3,064,070.00) IN MIAMI FOREVER LIMITED AD VALOREM BOND FUNDING PREVIOUSLY AWARDED TO THE DEVELOPER FOR THE PROJECT; 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-23-0430 City of Miami Page 36 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes City of Miami Page 37 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 PH.8 RESOLUTION 14653 Commissioners and Mayor 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 THREE MILLION AND 00/100 DOLLARS ($3,000,000.00) FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF MFE PROGRAMS ("FUNDS") TO LIBERTY RENAISSANCE APARTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), TO CONSTRUCT A NEW AFFORDABLE HOUSING DEVELOPMENT THAT WILL CONTAIN NO LESS THAN NINETY-EIGHT (98) AFFORDABLE HOUSING RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE AVERAGE ANNUAL INCOME IS BETWEEN THIRTY PERCENT (30%) AND SEVENTY PERCENT (70%) OF AREA MEDIAN INCOME, AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO BE KNOWN AS "LIBERTY RENAISSANCE", LOCATED AT 1305, 1321, 1331, 1341 AND 1361 NORTHWEST 61 STREET AND 1320 AND 1370 NORTHWEST 61 STREET, 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; DEALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED THREE MILLION, SIXTY-FOUR THOUSAND, SEVENTY AND 00/100 DOLLARS ($3,064,070.00) IN MIAMI FOREVER LIMITED AD VALOREM BOND FUNDING PREVIOUSLY AWARDED TO THE DEVELOPER FOR THE PROJECT; 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-23-0430 City of Miami Page 38 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes City of Miami Page 39 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 PH.8 RESOLUTION 14653 Commissioners and Mayor 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 THREE MILLION AND 00/100 DOLLARS ($3,000,000.00) FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF MFE PROGRAMS ("FUNDS") TO LIBERTY RENAISSANCE APARTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), TO CONSTRUCT A NEW AFFORDABLE HOUSING DEVELOPMENT THAT WILL CONTAIN NO LESS THAN NINETY-EIGHT (98) AFFORDABLE HOUSING RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE AVERAGE ANNUAL INCOME IS BETWEEN THIRTY PERCENT (30%) AND SEVENTY PERCENT (70%) OF AREA MEDIAN INCOME, AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO BE KNOWN AS "LIBERTY RENAISSANCE", LOCATED AT 1305, 1321, 1331, 1341 AND 1361 NORTHWEST 61 STREET AND 1320 AND 1370 NORTHWEST 61 STREET, 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; DEALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED THREE MILLION, SIXTY-FOUR THOUSAND, SEVENTY AND 00/100 DOLLARS ($3,064,070.00) IN MIAMI FOREVER LIMITED AD VALOREM BOND FUNDING PREVIOUSLY AWARDED TO THE DEVELOPER FOR THE PROJECT; 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-23-0430 City of Miami Page 40 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For additional minutes referencing Item Number PH.8, please see Item Number PH.1. Victoria Mendez (City Attorney): Madam Chair? Chair King: Yes. Ms. Mendez: For PH (Public Hearing) -- I believe it's PH.8, there was supposed to be a modification to the exhibits. I don't think that was mentioned in the vote. So, does anyone know about the modification to the exhibits for PH.8? The Renaissance item? Vice Chair Carollo: PH -- Ms. Mendez: It wasn 't mentioned on the -- as amended item, so I just want to make sure that we put that on the record. Chair King: Okay. Vice Chair Carollo: Okay. Chair King: As amended. Vice Chair Carollo: As amended. Commissioner Reyes: As amended. Chair King: As amended. Todd B. Hannon (City Clerk): Chair. Chair King: Yes. Mr. Hannon: If we're amending it, we need to reconsider it and then we'll vote as amended. Commissioner Reyes: Okay. Chair King: Do I have a motion to reconsider? Vice Chair Carollo: Move. Chair King: A second? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 41 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Chair King: As amended, aye. Vice Chair Carollo: Now there's a motion as amended. Mr. Hannon: That was to reconsider. Vice Chair Carollo: Yeah. Mr. Hannon: Now, a motion to adopt as amended. Chair King: Okay. Vice Chair Carollo: So motion as amended. Commissioner Reyes: Move. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Cleaned it up. Ms. Mendez: Thank you. Mr. Hannon: As amended. END OF PUBLIC HEARINGS City of Miami Page 42 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 RE.1 14491 Office of the City Attorney RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH LEGAL ACTION, IF NECESSARY, AGAINST RESIDENTIAL TENANTS OF THE PROPERTY LOCATED AT 754 NORTHWEST 70 STREET, MIAMI, FLORIDA, TO OBTAIN POSSESSION OF THE PROPERTY, AND SEEK ANY OTHER LEGAL REMEDIES IN COMPLIANCE WITH THE LEASE AGREEMENTS. ENACTMENT NUMBER: R-23-0431 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: May I have a motion for RE. 1, 2, 4, 5, 6, 7, 9, and 10? Vice Chair Carollo: Move. Commissioner Reyes: Madam Chair, ifI may. Chair King: Yes. Commissioner Reyes: I would like to get RE.6 out of it because I have my problems with it and some people in my community, they have problems with it that we should be canceling -- we should be including, instead of reading, instead of Columbus. Chair King: Okay. We're going to de -- Vice Chair Carollo: I'm sorry. I'm sorry, I'm glad you caught that. Chair King: Hey, I almost got it, I almost got it. Vice Chair Carollo: She pulled a -- Commissioner Reyes: (INAUDIBLE). Vice Chair Carollo: She pulled a quick one on me. Chair King: I meant to. Vice Chair Carollo: Yeah, she pulled a quick one on me. Chair King: I asked everybody if they had something to defer. Is it the will of this body to defer RE. 6 for further comment? City of Miami Page 43 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Vice Chair Carollo: Commissioner, can I suggest the following? Because I know how I'm going to be on this, whether it 's today, tomorrow, or in the future. I think I know - Commissioner Reyes: Me too. Vice Chair Carollo: -- how Commissioner Reyes is going to be. If you want to honor a group of people, you don 't have to take someone down that 's been honored so that you honor another group. So, politely and respectfully, I would suggest that, you know, you maybe find another day that you would like so that we could all then be in agreement to honor the people that you would like for us to honor. Chair King: Okay. Let me just say for the record that Miami -Dade County passed a resolution to designate second Monday of October 20 -- as their Region 's Tribe Day. There have been approximately 198 cities that has done this, approximately 52 schools, and approximately 16 counties. And I understand that I do not have the votes at this time, and I would be willing to defer it. Commissioner Reyes: No, I think we should -- Madam Chair, with all due respect, I think that we should find some sort of solutions for this because I -- just as Commissioner Carollo, I know where I'm going to be, I would say 10 years from now, ifI'm here, you see. Chair King: Right. Commissioner Reyes: I'm going to be -- I don't think that -- my problem is I don't believe in cancel culture. I don't believe in cancel culture, not even from the people that are the extreme right or the utopian socialist on the extreme left. Cancel culture is a tool that is used by totalitarian regimes. What I am -- we can -- I agree with Commissioner Carollo that we could include -- I mean, find another date, or instead of -- reading your proposal and the resolution reading "instead of " "and" will do, you see. Because as I said before, and I stated it in my agenda track, you see, probably, maybe more than you, but I have more Puerto Rican Indian and Cuban Indian in my blood than many of the people in that extreme left that are proposing this resolution, you see? And if we are going to start canceling because what happened after the discovering, then we have to start canceling some -- even some Indian tribes that they joined Cortez and they joined Pizarro, and all the people that came from Europe and they pushed all the American Indians to the west, and everybody took the (INAUDIBLE) against the American Indians and they massacred them, including the Buffalo Soldiers. You see, we shouldn't start doing that. We shouldn't start dividing. What we should start doing is bringing people together. We don 't need controversy, you see. We have -- we live in -- and I'm very proud of living in Miami, that we all get along fine. Chair King: Yes. I heard you. I hear you. I would be open to "and. " And. Vice Chair Carollo: And I, out of very deep respect to my Chairwoman, I will not add anything more than Commissioner Reyes has stated. Chair King: Thank you. Vice Chair Carollo: Because we might be here for a long time otherwise. Commissioner Reyes: That's right. I mean, I'm not saying that we should -- Commissioner Carollo, let's make it clear. I said that if we start in the business of canceling, you see, every time that we don't like somebody or a group doesn't like something or somebody -- City of Miami Page 44 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Chair King: I never said I didn't like anybody. Vice Chair Carollo: Yeah, well, they -- Commissioner Reyes: Make it easier, you see. I don 't want to cancel anybody. Chair King: Okay. Let 's -- Vice Chair Carollo: They've been canceling me for quite a while here now. Commissioner Covo: Madam Chair. Commissioner Reyes: That's right, me too. Vice Chair Carollo: Every time that I read one of the Miami Herald editorials, they've canceled my culture, my past, my history. Chair King: Commissioner Covo would like to add, join. Commissioner Covo: I understand the sentiment of both, of the three of you guys. I think that we should defer it. Commissioner Reyes: I don 't believe so. I think that we -- Chair King: Well, if -- Commissioner Reyes: It's just going to keep on popping and popping and popping. Chair King: Right. Commissioner Reyes: Let's vote on it and that's it. Chair King: I'm amenable to "and." I'm amenable to changing "instead of" to "and," like Commissioner Reyes proposed. Would you be amenable to that? Commissioner Reyes: Yes, ma'am, I will. Chair King: And Vice Chair? Vice Chair Carollo: Okay, when you say to -- when you say to "and" -- Chair King: So, it would be and, both. Commissioner Reyes: Columbus and Indigenous Day. Vice Chair Carollo: Yeah, I -- that I think would be appropriate. Chair King: So -- Commissioner Reyes: That won't be a problem. Chair King: Okay. Vice Chair Carollo: But why -- why do you mess with Columbus? Chair King: I'm not -- I'm not -- City of Miami Page 45 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Vice Chair Carollo: Why not Washington? Chair King: I'm not messing with -- Vice Chair Carollo: Why not Jefferson? Chair King: I'm not mess -- I am -- Vice Chair Carollo: You know, why Columbus? Chair King: I am not messing with Columbus. So we have it at "and." So, RE.6, as amended. Victoria Mendez (City Attorney): Madam Chair, just for a second because we have RE.8. I don 't know if you called -- Chair King: I didn't call RE.8. Ms. Mendez: Okay. And then RE.6 will be? Chair King: "And." We're going to take out -- Ms. Mendez: So, it would read, a resolution of the Miami City Commission recognizing the second Monday of October every year as Indigenous Peoples Day and Columbus Day. Vice Chair Carollo: No, as Columbus -- Commissioner Reyes: No, no, Columbus Day and -- Vice Chair Carollo: -- Day and -- Commissioner Reyes: I'm reading -- I'm reading the reso, so that's why -- Commissioner Reyes: I mean, I want to do it Columbus Day and Indigenous Day. Chair King: And Indigenous. Ms. Mendez: Okay, so we will edit. Commissioner Reyes: Because (INAUDIBLE). Chair King: Okay. So, as amended, I have a motion for -- I have a motion and a second for the REs (Resolutions), except RE.8. All in favor? The Commission (Collectively): Aye. Commissioner Reyes: Thank you, Madam Chair. Chair King: Motion -- Ms. Mendez: And RE.1 is also as amended that we're not asking for money back. We're just evicting, RE.1, as amended. Chair King: Okay. City of Miami Page 46 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 RE.2 14492 Office of the City Attorney Commissioner Reyes: Madam Chair, if I may say something. Chair King: Please. Commissioner Reyes: I commend you. I know that you felt very strong about this. And I do too, you see, and I do too. But because I know that -- everything that happened, and not only in Columbus, we're talking when Columbus came here was 1492. You see, Indians, indigenous weren't being massacred even into the 20th century in the west of the U.S. and in some areas in the Americas. I am grateful that you, instead of creating controversy, we are creating unity. Chair King: Thank you. Thank you. Commissioner Reyes: Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY IVAN M. BEDOYA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $65,000.00, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY"), IN THE CASE STYLED IVAN M. BEDOYA VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2022-18959 CA 10, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-23-0432 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.2, please see Item Number RE.1. City of Miami Page 47 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 RE.3 13069 Office of the City Attorney RE.4 14613 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE FOLLOWING CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY LOCATED AT 2199 NORTHWEST SOUTH RIVER DRIVE MIAMI, FLORIDA, 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: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: Item RE.3 was deferred to the November 16, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.3, please see "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SITE ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO GRANT FDEP AND ITS CONTRACTORS ACCESS TO CITY OF MIAMI ("CITY") PROPERTY LOCATED AT 6200 NORTHWEST 17 AVENUE, FOLIO NO. 01-3115-005-3291 ("PROPERTY"), TO CONDUCT AN ENVIRONMENTAL ASSESSMENT ON THE PROPERTY AT NO COST TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS WITH FDEP, INCLUDING AMENDMENTS, EXTENSIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS AND IN COMPLIANCE WITH APPLICABLE SECTIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS. ENACTMENT NUMBER: R-23-0433 City of Miami Page 48 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 RE.5 14474 Department of Fire - Rescue MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.4, please see Item Number RE.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW CAPITAL PROJECT TITLED, "2023 STATE FIRE MARSHAL GRANT"; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF THE STATE FIRE MARSHAL, TO ACCEPT AND APPROPRIATE GRANT FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION, SIX HUNDRED SIXTY ONE THOUSAND DOLLARS ($1,661,000.00), WITH NO MATCH FUNDS FROM THE CITY, TO BE UTILIZED BY THE CITY'S DEPARTMENT OF FIRE -RESCUE FOR THE RENOVATION AND HARDENING OF THE FIRE TRAINING CENTER; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE AND ADMINISTRATION OF SAID FUNDS AND COMPLIANCE WITH THE TERMS AND CONDITIONS. ENACTMENT NUMBER: R-23-0434 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.5, please see Item Number RE.1. City of Miami Page 49 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 RE.6 RESOLUTION 14576 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING THE SECOND MONDAY OF OCTOBER EVERY YEAR AS "INDIGENOUS PEOPLES' DAY" INSTEAD OF COLUMBUS DAY WITHIN THE CITY OF MIAMI ("CITY") AND COMMITTING TO FOSTERING AN INCLUSIVE AND DIVERSE ENVIRONMENT WITHIN THE CITY THAT ACKNOWLEDGES AND RESPECTS THE RIGHTS AND CONTRIBUTIONS OF ALL INDIVIDUALS; DIRECTING THE CITY MANAGER TO BRING FORTH FUTURE LEGISLATION TO AMEND SECTION 40-108 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO MAKE REFERENCE TO INDIGENOUS PEOPLES' DAY; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0435 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.6, please see Item Number RE.1. City of Miami Page 50 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 RE.7 RESOLUTION 14651 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, ALLOCATE, AND APPROPRIATE A TOTAL OF SIX HUNDRED EIGHTY SEVEN THOUSAND SIX HUNDRED FIFTY NINE AND 00/100 DOLLARS ($687,659.00) IN FUNDS APPROPRIATED BY THE UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FROM THE COMMUNITY DEVELOPMENT FUND, TO THE CITY OF MIAMI ("CITY") PURSUANT TO H.R. 2471, PUBLIC LAW 117-103: FEDERAL CONSOLIDATED APPROPRIATIONS ACT, 2022, AND AS MORE PARTICULARLY IDENTIFIED HEREIN ("FEDERAL APPROPRIATED FUNDS"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMENTS WITH THE FEDERAL GOVERNMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE, ADMINISTRATION, AND USE OF THE FEDERAL APPROPRIATED FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE, IMPLEMENTATION OF, AND COMPLIANCE WITH THE AGREEMENTS FOR THE FEDERAL APPROPRIATED FUNDS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE OPERATING BUDGET, CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION THEREWITH. ENACTMENT NUMBER: R-23-0436 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.7, please see Item Number RE.1. City of Miami Page 51 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 RE.8 RESOLUTION 14665 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 10-101 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE CITY MANAGER TO CREATE AND ADMINISTER A QUALIFIED POOL OF PANELISTS FOR THE UNSAFE STRUCTURES PANEL, IN ACCORD WITH THE CITY OF MIAMI PROCUREMENT ORDINANCE OF ARTICLE III OF CHAPTER 18 OF THE CITY CODE; ALLOCATING FUNDING FROM THE VARIOUS SOURCES OF FUNDS OF THE END -USER DEPARTMENTS, AND SUCH OTHER SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AGREEMENTS, AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0437 MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: May I have a motion to pass RE.8? We had to do SR.3 before we could do RE.8. So, may I have a motion for RE. 8? Commissioner Covo: I move it. Commissioner Reyes: RE. 8? Chair King: RE.8, uh-huh. Commissioner Reyes: Okay. Move it. Vice Chair Carollo: Yes. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 52 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 RE.9 RESOLUTION 14718 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION COMBINING THE MARCH 14, 2024 AND MARCH 28, 2024 CITY COMMISSION MEETINGS INTO ONE (1) MEETING TO BE HELD ON THURSDAY, MARCH 14, 2024, STARTING AT 9:00 A.M. TO BE HELD AT CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA; DIRECTING THE CITY MANAGER AND THE CITY CLERK TO TAKE ANY AND ALL ACTIONS NECESSARY TO ENSURE THAT THE PUBLIC IS PROPERLY NOTIFIED OF THE CHANGE IN DATE. ENACTMENT NUMBER: R-23-0438 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.9, please see Item Number RE.1. City of Miami Page 53 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 RE.10 14719 Department of Finance RESOLUTION A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, WITH ATTACHMENT(S), AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $285,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF SPECIAL OBLIGATION NON -AD VALOREM REVENUE BONDS, SERIES 2023, IN ONE OR MORE SERIES, FROM TIME TO TIME, FOR THE PURPOSE OF, TOGETHER WITH OTHER AVAILABLE MONEYS, PAYING THE COST OF THE DEVELOPMENT, CONSTRUCTION AND EQUIPPING OF THE NEW ADMINISTRATION BUILDING FOR THE CITY AND RELATED PARKING AND OTHER IMPROVEMENTS RELATED THERETO; PROVIDING FOR THE RIGHTS AND SECURITY OF ALL HOLDERS OF BONDS ISSUED PURSUANT TO THIS RESOLUTION; PROVIDING CERTAIN DETAILS OF THE BONDS; DELEGATING OTHER DETAILS AND MATTERS IN CONNECTION WITH THE ISSUANCE OF THE BONDS TO THE CITY MANAGER, WITHIN THE LIMITATIONS AND RESTRICTIONS STATED HEREIN; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES BUDGETED AND APPROPRIATED BY THE CITY FOR SUCH PURPOSE; APPOINTING A BOND REGISTRAR; AUTHORIZING A BOOK -ENTRY REGISTRATION SYSTEM FOR THE BONDS; AUTHORIZING THE NEGOTIATED SALE AND AWARD FROM TIME TO TIME BY THE CITY MANAGER OF THE BONDS TO THE UNDERWRITERS, WITHIN THE LIMITATIONS AND RESTRICTIONS STATED HEREIN; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE BOND PURCHASE AGREEMENTS; APPROVING THE FORM OF AND DISTRIBUTION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS AND OFFICIAL STATEMENTS AND AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE OFFICIAL STATEMENTS; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15C2-12 AND AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE DISCLOSURE DISSEMINATION AGENT AGREEMENTS WITH RESPECT THERETO AND APPOINTING A DISCLOSURE DISSEMINATION AGENT THEREUNDER; CREATING CERTAIN FUNDS AND ACCOUNTS AND PROVIDING FOR THE APPLICATION OF THE PROCEEDS OF THE BONDS; DELEGATING TO THE CITY MANAGER AUTHORITY TO NEGOTIATE AND OBTAIN ONE OR MORE BOND INSURANCE POLICIES AND/OR RESERVE ACCOUNT INSURANCE POLICIES FOR DEPOSIT TO THE CREDIT OF A SUBACCOUNT OF THE DEBT SERVICE RESERVE ACCOUNT AND AUTHORIZING THE EXECUTION AND DELIVERY OF AGREEMENTS WITH THE PROVIDER(S) THEREOF; PROVIDING COVENANTS FOR THE PROVIDER(S) OF SUCH BOND INSURANCE POLICY AND/OR RESERVE ACCOUNT INSURANCE POLICY; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0439 City of Miami Page 54 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.10, please see Item Number RE.1. END OF RESOLUTIONS City of Miami Page 55 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 14256 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 6/ARTICLE I/SECTION 2 OF THE CODE OF THE CITY Attorney OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ANIMALS/IN GENERAL/ANIMALS NOT TO RUN AT LARGE; EXCEPTIONS," TO AMEND THE SECTION TO BE COMPATIBLE WITH OTHER SECTIONS OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14206 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: City Attorney, would you please read the titles into the record for the second reading ordinances, please? Victoria Mendez (City Attorney): Second reading. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And SR.3. The Ordinance was read by title into the public record by the City Attorney. Chair King: Do I have a motion? Vice Chair Carollo: Motion. Commissioner Reyes: Move it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Vice Chair Carollo: Let me tell you how strongly Cubans feel about that motion and what Commissioner Reyes said. And I think he will remember the story because it's a story that's been given from one generation of Cubans to another. And this was one of the most famous Cuban Indian chiefs at the time. And Columbus was not around then, so he can't get the blame for this one. But they were going to hang him, but before City of Miami Page 56 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 they were going to do that for some alleged crimes that supposedly he had committed, the priest that was there wanted to convert him to Christianity. So, he went to the chief and tried to do it, and the (INAUDIBLE) the chief asked him, well, if you convert me, where -- you know, this heaven that you're talking about, where do you Europeans go? Are you going to go to heaven too when you die? He says, where are we going to go? He says, well, then I don 't want to be converted because I don 't want to go there after I die. Commissioner Reyes: Commissioner, that was Hatuey. Chief Hatuey. Vice Chair Carollo: Yeah, Hatuey, yeah. Commissioner Reyes: That's right. SR.2 ORDINANCE Second Reading 14647 Commissioners and Mayor AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/IN GENERAL/BUILDING PERMIT FEE SCHEDULE," PROVIDING FOR AN ADJUSTMENT OF TEMPORARY OCCUPANCY EXTENSIONS FOR RESIDENTIAL DEVELOPMENTS IMPACTED BY THE NOVEL CORONAVIRUS ("COVID-19") PANDEMIC; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14207 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number SR.2, please see Item Number SR.1. SR.3 ORDINANCE Second Reading 14648 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE VI/SECTION 101 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDING/UNSAFE STRUCTURES/UNSAFE STRUCTURES AND UNSAFE STRUCTURES PANEL," TO PROVIDE REQUIREMENTS FOR THE APPOINTMENT OF PANEL MEMBERS TO THE UNSAFE STRUCTURE PANEL THROUGH CITY OF MIAMI PROCUREMENT; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14208 City of Miami Page 57 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number SR.3, please see Item Number SR.1. END OF SECOND READING ORDINANCES City of Miami Page 58 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 FR - FIRST READING ORDINANCES FR.1 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: Deny RESULT: DENIAL PASSED MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number FR.1, please see "Order of the Day" and "Public Comments for all Item(s)." Chair King: Madam City Attorney, would you please read into the record the titles of our first reading ordinances that are in play? Victoria Mendez (City Attorney): Okay, for even FR.1, or did you want to have a discussion on the mural one? Commissioner Covo: I want to vote. I'm ready. Chair King: So, read it into the record. Ms. Mendez: FR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.2. Commissioner Reyes: Madam Chair, can I --? I have a comment on FR.1. Chair King: Um-hmm. Commissioner Reyes: Okay -- but you should remember that since day one I've been asking for a study on light pollution and on how they were going to be affected and if they were going -- if they were in communication, in contact with the neighbors. I not have received anything from it, therefore, I'm going to vote against. Hello? Commissioner Covo: Commissioner, what did you say? Chair King: Okay. City of Miami Page 59 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Commissioner Covo: You're going to vote yes? That's what you said? Commissioner Reyes: No, I'm -- Commissioner Covo: I couldn't hear you at the end. Commissioner Reyes: -- going to vote against, against. Commissioner Covo: Ah, see, I couldn't hear it. Commissioner Reyes: I vote no, N-O, no. Chair King: N-O, no. Commissioner Covo: I'm a no as well. I said it since the beginning. I said it publicly. The amount of requests that I've gotten in my office for this not to happen, when I balance it, I understand that economic development is important, but we need to find a better way of explaining perception timing, so I 'm going to be a no. Chair King: Well, I -- Commissioner Reyes: Okay, so call the roll. Chair King: Some of that rolls into my district. I do see it as eye pollution. I don't think it is good for our community at all, and I am a hell no. So, we want to -- if we want to vote for FR.1, do I have a motion? Commissioner Covo: I move it. Commissioner Reyes: Move it. Chair King: I have a motion and a second. All in favor to deny FR.1 ? The Commission (Collectively): Aye. Commissioner Reyes: To deny. Chair King: Deny. Commissioner Reyes: Deny, yes. City of Miami Page 60 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 FR.2 ORDINANCE First Reading 14561 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/SECTION 4-6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ALCOHOLIC BEVERAGES/ENTERTAINMENT DISTRICTS," MORE PARTICULARLY BY AMENDING THE "OVERTOWN ENTERTAINMENT DISTRICT" IN ORDER TO MODIFY THE DISTRICT'S BOUNDARIES AS DEPICTED IN EXHIBIT "0," ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: Madam City Attorney, would you please continue to read the titles into the records for our first reading ordinances? Commissioner Reyes: Okay, thank you. Commissioner Covo: A monkey just came off my shoulders. Victoria Mendez (City Attorney): FR.2. Commissioner Covo: One less monkey on my shoulders. Ms. Mendez: FR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: I believe that this is going to be amended, FR.4. Anyone? FR.4, is there an amendment? Chair King: Yes. Ms. Mendez: Another amendment? Chair King: FR. 4. FR. 4. Ms. Mendez: Okay, we'll con -- oh, is it done? City of Miami Page 61 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Chair King: No, I'm trying to get the attention of -- there are amendments for FR.4? There are amendments for FR.4? Ms. Mendez: Is there another amendment? Isiaa Jones (Assistant City Attorney): For FR.4, the amendment is removing the -- for the jurisdictional authority. We're not amending that -- the boundaries of the trust at this time. I believe we wanted to get more information from Planning and Zoning. I spoke to the Planning Assistant Director last week and we have more information that we need to gather before we amend the jurisdictional authority. Ms. Mendez: Thank you. Chair King: So, as amended. Commissioner Reyes: As amended. Ms. Mendez: Thank you, Madam Chair. Chair King: So, do I have a motion for FR.2, 3, and 4? Commissioner Reyes: Move it. Chair King: Moved. Commissioner Covo: Second. Chair King: Second. All in favor? The Commission (Collectively): Aye. City of Miami Page 62 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 FR.3 ORDINANCE First Reading 14654 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION NAMING THE PARCELS OF LAND CONSISTING OF APPROXIMATELY 37,500 SQUARE FEET LOCATED AT 3701 SOUTHWEST 1ST AVENUE, 3699 SOUTHWEST 1ST AVENUE, AND 3691, 3693, AND 3695 SOUTHWEST 1 AVENUE, MIAMI, FLORIDA, FOLIO NOS. 01-4139- 007-0390, 01-4139-007-0380, AND 01-4139-007-0370 RESPECTIVELY, AND OTHER CONTIGUOUS PARCELS THAT MAY BE ADDED IN THE FUTURE AS "WOODSIDE PARK"; AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL," BY CREATING SECTION 38-36, TITLED "NAMING OF WOODSIDE PARK"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF THE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number FR.3, please see Item Number FR.2. City of Miami Page 63 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 FR.4 ORDINANCE First Reading 14720 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 12.5/ARTICLE I/DIVISION 3/SECTION(S) 12.5-41,12.5- 42, 12.5-44, 12.5-45 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "COMMUNITY REVITALIZATION/COMMUNITY REVITALIZATION DISTRICTS/COMMUNITY REVITALIZATION TRUST/JURISDICTIONAL AUTHORITY; PURPOSE; POWERS AND DUTIES; GOVERNING BODY -COMPOSITION AND APPOINTMENTS; TERMS OF OFFICE AND VACANCIES; MEMBERSHIP QUALIFICATIONS; PROCEDURES FOR APPOINTMENT OF MEMBERS; OATH; QUORUM AND VOTING; MEETINGS; ATTENDANCE REQUIREMENTS; INDEMNIFICATION; PRESIDENT/CHIEF EXECUTIVE OFFICER; APPOINTMENT, TERM, QUALIFICATIONS, COMPENSATION, GENERAL POWERS, AND RESPONSIBILITIES," TO AMEND THE REQUIREMENTS TO ALLOW FOR THE APPOINTMENT OF FIRST RESPONDERS TO THE TRUST; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number FR.4, please see Item Number FR.2. END OF FIRST READING ORDINANCES City of Miami Page 64 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 BC.1 14453 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ART IN PUBLIC PLACES BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Olga Granda ENACTMENT NUMBER: R-23-0440 NOMINATED BY: Commissioner Sabina Covo MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: We left off on boards. Art in Public Places Board, I believe there's an appointment. Todd B. Hannon (City Clerk): Yes, thank you, Chair. Commissioner Covo would like to appoint Olga Granda. Chair King: Do I have a motion? Commissioner Reyes: Move it. Chair King: I have a motion. Second? Vice Chair Carollo: Second. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Does that conclude the boards? Mr. Hannon: Yes, ma'am. Chair King: Okay. END OF BOARDS AND COMMITTEES City of Miami Page 65 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 DI.1 13101 Office of the City Clerk DI - DISCUSSION ITEM DISCUSSION ITEM A DISCUSSION REGARDING THE ANNUAL REVIEW OF THE TERMS OF ELECTED OFFICIALS AS MEMBERS OF VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES, AND AGENCIES PURSUANT TO CITY OF MIAMI CODE SECTION 2-35. RESULT: DISCUSSED Chair King: And at this time if we may recess this meeting so that we can have the Overtown CRA (Community Redevelopment Agency), the Virginia Key Beach Park Trust, and the Omni CRA meetings commence and then go to lunch. Commissioner Reyes: Madam Chair, ifI may. Chair King: Yes. Commissioner Reyes: You see, my intention was to, Commissioner Covo, as chairperson of the Omni CRA. I think that she deserves it, and we need to have a chairman in that -- although Commissioner Carollo is the vice chairman and he is very good. Commissioner Covo: I think it's fair to me since right now I don 't have a redevelopment agency to help my community. Commissioner Reyes: Well, I -- Todd, it will be proper to nominate her as chairman of Omni CRA? Todd B. Hannon (City Clerk): Commissioner, so DI.1 -- we're on DI.1, which is the annual review of the terms of elected officials and members of various trusts, authorities, boards, commissions, agencies. Essentially this item was originally scheduled on the January 12th City Commission agenda. At that meeting, it was then deferred to March 23rd and from March 23rd, it was indefinitely deferred which is why it is on the September 28th agenda. Essentially, this review is done on an annual basis pursuant to Section 2-35 of the Code, but it would not be inappropriate for a motion to be made at this time to appoint Commissioner Covo as Chair of the Omni CRA. END OF DISCUSSION ITEM City of Miami Page 66 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 13542 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3700 SOUTHWEST 28 STREET AND 2810, 2814, 2816, 2818, 2824 AND 2828 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: Do we want to go back to DI 1 or we --? Vice Chair Carollo: Well (INAUDIBLE). Chair King: I think we can wait for that until or -- Vice Chair Carollo: Okay, whatever you like. Chair King: -- keep -- motion to keep it status quo? Todd B. Hannon (City Clerk): No motion is necessary. Status quo -- Chair King: No -- status quo. Mr. Hannon: -- remains until -- Chair King: Status quo -- Mr. Hannon: This item will come back at the December 14th agenda. Chair King: Okay. Mr. Hannon: Pursuant to the code. Commissioner Reyes: Okay. City of Miami Page 67 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Chair King: Okay. All nighty. So, because I've been advised we need to take one item out of order and -- oh, Madam City Attorney, would you please read into the record the titles of our Planning and Zoning item? Victoria Mendez (City Attorney): The titles for the PZ (Planning and Zoning) items, Madam Chair? Chair King: Yes, please. Ms. Mendez: Okay, so let me just double check. PZ.1 -- Chair King: 1, 2, 6, 7, 8, 9, 10, 11, and 12 is what I have. Ms. Mendez: Okay, PZ.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: So, that is PZ.1. PZ.2. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Excuse me, excuse me. Madam Chair, isn 't PZ.2 being withdrawn? Oh, deferred? Chair King: If we take PZ.10 -- if we do PZ.10, it will be withdrawn. So, I'm going to take PZ -- Commissioner Reyes: We 're going to do PZ. 10 and then we take PZ.1. Chair King: Yes. Tony Recio: Correct. Chair King: And PZ.2 will be withdrawn? Mr. Recio: Yes. Lakisha Hull (Director, Planning): The applicant is here to officially withdraw it. Chair King: Yes. So, we're just -- Commissioner Reyes: Okay. Chair King: -- having the titles read into the record for now, and then we're going to take PZ.10 first. Commissioner Reyes: Yes. Chair King: Okay. Mr. Recio: Thank you. Ms. Mendez: So, I -- yes, I'm reading them, and then I know that we want to discuss PZ.10 with PZ.1 and all that. So, we'll do that shortly. So -- Commissioner Reyes: Okay. City of Miami Page 68 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then PZ.3 and 4 is reset. PZ.5 as well. So, PZ,6 -- is everybody showing PZ.6? Chair King: Yes. Mr. Hannon: PZ.6 and 7 are just resolutions. Ms. Mendez: Okay, thank you, Todd. PZ.6 and 7 are resolutions. Then the next one, PZ.8. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then we have PZ.9. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.10. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.10 had a substitution to revive language from T5 bonus height not being available to properties located in the neighborhood conservation district to the T5 bonus height not being available in properties located in or abutting the NCD of Coral Gate, Village West, Island District and Charles Avenue, or the single-family residential district of Coconut Grove NCD-3. So, that was a substitution that was sent out on PZ.10, as amended. Then we have PZ.11. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.12. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And then I think that's it with all the ordinances. Yes? I just wanted to -- ifyou're going to -- Madam Chair, is your idea to take these in bulk or --? Chair King: No. Ms. Mendez: Okay. Chair King: We need to -- Commissioner Reyes: We have -- Chair King: -- do PZ.10 first. Ms. Mendez: Okay. Commissioner Reyes: 10 first, that's right. Ms. Mendez: And then -- okay. And then -- [Later...] City of Miami Page 69 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Ms. Mendez: And then as to PZ.1, and the -- Commissioner Reyes needs to make a Jennings disclosure -- Commissioner Reyes: Yes. Ms. Mendez: -- for PZ.1. Thank you. Chair King: Okay. Does anyone else need to make any Jennings disclosures? Vice Chair Carollo: On PZ.1 (INAUDIBLE). Chair King: No, me either. Vice Chair Carollo: (INAUDIBLE) PZ.1? Chair King: Yes. Commissioner Covo: No. Chair King: Okay. So now, if my colleagues do not want to take anything out of order, may I have a motion to move PZ.1, 6, 7, 8, 9, 10, 11, and 12? Vice Chair Carollo: Move it. Commissioner Reyes: Move it. Commissioner Covo: Second. Chair King: All in favor? Ms. Mendez: Madam Chair. Chair King: Hold on. Ms. Mendez: Sorry. For PZ.6, that needs to be taken by itself because it's a -- an appeal. Chair King: Okay, so PZ.1, 7, 8, 9, 10, 11, and 12. Do I have a motion? Commissioner Reyes: Move it. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Items passed. Mr. Hannon: Chair? Chair King: Yes. Mr. Hannon: So, PZ.1 will need to be amended simply to add with attachments in the title. PZ.7, there are blanks in the body of the legislation, need to add PZAB (Planning, Zoning and Appeals Board) meeting information. Was PZ.8 a part of that motion? City of Miami Page 70 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Chair King: Yes. Mr. Hannon: PZ8 needs to be amended to add with attachments in the title of the ordinance. And was PZ.11 part of that? Chair King: Yes. Mr. Hannon: There are blanks in the body of the legislation that need to add PZAB information. So, the items will need to be amended. Chair King: Okay. Ms. Mendez: And PZ.10 was as amended -- Chair King: Right. Ms. Mendez: -- on the substitution. Chair King: So, can I have a motion to have those as amended? Commissioner Reyes: Move it as amended. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: As amended. Motion carries. Commissioner Reyes: As amended. PZ.2 ORDINANCE First Reading 13543 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, TO "T6-8-O," URBAN CORE TRANSECT ZONE -OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 3700 SOUTHWEST 28 STREET AND 2810, 2814, 2816, 2818, 2824, 2828 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes City of Miami Page 71 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Note for the Record: For additional minutes referencing Item Number PZ.2, please see Item Number PZ.1. Chair King: Now there are -- procedurally, we are to withdraw PZ.2? Commissioner Reyes: Yeah, PZ.2 is withdrawn. Lakisha Hull (Director, Planning): The applicant is requesting to withdraw PZ.2. Tony Recio: Yes. Chair King: Okay. Mr. Recio: Yes, Madam Chair. Chair King: So, Todd? Todd B. Hannon (City Clerk): Are PZ.1 and 2 companion items? Mr. Recio: No, PZ (Planning and Zoning) -- they're decoupled. PZ.1 would go forward, but PZ.2 would be withdrawn. Mr. Hannon: PZ.2, okay. Chair King: So, may I have a motion to withdraw PZ.2? Do I need a motion because - Commissioner Reyes: Move it. Chair King: -- the applicant is withdrawing it? Victoria Mendez (City Attorney): You have to -- Commissioner Reyes: Move it. Ms. Mendez: -- accept it, so yes. Mr. Recio: Yeah. Chair King: I accept. Second. All in favor? The Commission (Collectively): Aye. Mr. Recio: Thank you. City of Miami Page 72 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 PZ.3 ORDINANCE Second Reading 14035 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY GENERALLY LOCATED AT 136 NORTHWEST 35TH STREET, 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.3, please see "Public Comments for all Item(s). " PZ.4 ORDINANCE Second Reading 14036 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE -OPEN, AND APPROVING A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," OF THE PROPERTY AT 136 NORTHWEST 35TH STREET, 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.4, please see "Public Comments for all Item(s)." City of Miami Page 73 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 PZ.5 14120 Department of Planning PZ.6 13764 Office of Zoning 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day." 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. ENACTMENT NUMBER: R-23-0441 City of Miami Page 74 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For additional minutes referencing Item Number PZ.6, please see Item Number PZ.1. Chair King: So, we have PZ.6. I see Mr. Goldberg coming to the podium. Daniel Goldberg (Director of Zoning/Zoning Administrator): Thank you. Chair King: Good afternoon. Mr. Goldberg: Good afternoon. Daniel Goldberg, Zoning Administrator. PZ.6 is an appeal of a revocation of a certificate of use for a property located at 2500 Northwest 20th Street in District 1. Just by way of quick background, on September 13, 2021, this property was cited in a case BB 2021-018465 was opened for interior modeling without a permit. On April 22, 2022, the Unsafe Structure Panel issued a repair or demolish order. A certificate of use for this property was revoked on January 13 th of this year. Section 2-211 of the City Code requires that I revoke a certificate of use for any violation of Chapter 10, which includes unsafe structures. On March 1st of this year, the Planning, Zoning, and Appeals Board granted the appeal of the CU (Certificate of Use) holder. And so this is an appeal, my appeal of that adverse decision. Because the property was in violation, I believe the certificate of use was validly revoked and would request that you grant my appeal and revoke the CU. Vice Chair Carollo: (INAUDIBLE). Chair King: Yes. Mr. Goldberg: Yes. Chair King: Do I have a motion? Vice Chair Carollo: Motion. Chair King: Second? Commissioner Reyes: Move it. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Goldberg: Thank you. Chair King: Thank you. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. And that shall conclude the City of Miami Commission meeting for September 28, 2023. We will resume our budget hearing at approximately 5: 05 p.m. Thank you. City of Miami Page 75 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 PZ.7 14565 Department of Planning Commissioner Reyes: Thank you, Madam Chair. Commissioner Covo: Thank you, Madam Chair. Commissioner Reyes: Great job. Chair King: See you soon. See you in a bit. Commissioner Reyes: See you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS THREE (3) EXCEPTIONS AND FOUR (4) SUBORDINATE WAIVERS PURSUANT TO ARTICLE 7, SECTIONS 7.1.2.5, 7.1.2.6, 7.1.3.5, 7.2.3, 7.2.5.29, 7.2.6, AND 7.2.8 OF ORDINANCE NO. 13114, THE ZONING OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY, AN EXCEPTION TO PERMIT THE EXPANSION OF A NONCONFORMING USE TO BE CONTINUED FOR TWENTY (20) YEARS; AN EXCEPTION TO PERMIT THE EXPANSION OF LESS THAN 50 PERCENT OF THE SQUARE FOOTAGE OF THE STRUCTURE; AN EXCEPTION TO PERMIT THE MODIFICATION OF A SPECIAL EXCEPTION APPROVED UNDER A PREVIOUS CODE; A WAIVER TO PERMIT A TEN PERCENT (10%) INCREASE OF THE FIFTY PERCENT (50%) NONCONFORMING USE STANDARD TO FIFTY-FIVE PERCENT (55%); A WAIVER TO PERMIT FOR A TEN PERCENT (10%) REDUCTION IN PARKING REQUIREMENTS; A WAIVER TO PERMIT A NONCONFORMING SITE IMPROVEMENT; AND A WAIVER TO PERMIT THE REDUCTION IN THE WIDTH OF A PARKING SPACE FOR THE REAL PROPERTY DESIGNATED "T5-R," URBAN CENTER ZONE TRANSECT ZONE - RESTRICTED, AT APPROXIMATELY 1900 BRICKELL AVENUE, MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0442 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.7, please see Item Number PZ.1. City of Miami Page 76 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 PZ.8 ORDINANCE Second Reading 14187 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Planning ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24A-O," URBAN CORE TRANSECT ZONE — OPEN, TO "T6-24B-O," URBAN CORE TRANSECT ZONE -OPEN, OF THE PROPERTY GENERALLY LOCATED AT 1635 NORTH MIAMI AVENUE, 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: 14209 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.8, please see Item Number PZ.1. PZ.9 ORDINANCE Second Reading 14112 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") MORE SPECIFICALLY BY AMENDING ARTICLE 7, SECTION 7.2.1, TITLED "PROCEDURES AND NONCONFORMITIES/GENERALLY," TO ALLOW STRUCTURES CONTAINING A NONCONFORMING USE TO RESUME SUCH USE WHEN THE STRUCTURE IS DECLARED UNSAFE AND THE OWNER DILIGENTLY COMPLIES WITH THE TIMEFRAMES IN THE UNSAFE STRUCTURE ORDER; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14210 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.9, please see Item Number PZ.1 and "Order of the Day." City of Miami Page 77 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 PZ.10 ORDINANCE Second Reading 14113 Commissioners and Mayor- PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," SECTION 3.4, TITLED "DENSITY AND INTENSITY CALCULATIONS," TO CLARIFY DENSITY STANDARDS IN CERTAIN TRANSIT LOCATIONS, AND BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM," AND ARTICLE 5, TITLED "SPECIFIC TO ZONES," ILLUSTRATION 5.5, TITLED "GENERAL URBAN TRANSECT ZONES," TO ALLOW BONUS BUILDING HEIGHT AND MODIFICATIONS TO THE DEVELOPMENT STANDARDS IN SPECIFIED AREAS WITHIN THE "T5," URBAN CENTER TRANSECT ZONE IN EXCHANGE FOR PUBLIC BENEFITS AND/OR OTHER SPECIFIED ENHANCEMENTS AND TO CLARIFY EXISTING D1 BONUS HEIGHT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14211 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For additional minutes referencing Item Number PZ.10, please see PZ.1 and "Public Comments for all Item(s)." Commissioner Reyes: I move 10. Victoria Mendez (City Attorney): Okay, 10, but before we -- then I just need to say something else before PZ. 1 and 2. Chair King: Okay, so I have a motion to move PZ. 10. Do I have a second? Commissioner Covo: I second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. Commissioner Reyes: As amended. City of Miami Page 78 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 PZ.11 ORDINANCE Second Reading 14503 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO PERMIT CITY OF MIAMI ("CITY") OWNED OR CITY - FUNDED AFFORDABLE HOMEOWNERSHIP SINGLE-FAMILY RESIDENCES AND TWO-FAMILY HOUSING LOCATED IN THE T4 OR T5 TRANSECT ZONES TO UTILIZE THE DEVELOPMENT STANDARDS OF THE T3 TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14212 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.11, please see Item Number PZ.1. PZ.12 ORDINANCE First Reading 14558 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," MORE SPECIFICALLY BY AMENDING SECTION 3.3.1 AS IT RELATES TO MAXIMUM LOT AREA (OR LOT SIZE), IN ORDER TO PERMIT ADDITIONAL FLEXIBILITY IN THE DESIGN AND DEVELOPMENT OF BUILDINGS WITHIN THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.12, please see Item Number PZ.1. City of Miami Page 79 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 PZ.13 ORDINANCE First Reading 14620 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 2973 SOUTHWEST 36 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: Item PZ.13 was deferred to the October 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.13, please see "Order of the Day." PZ.14 ORDINANCE First Reading 14619 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-O," SUB -URBAN TRANSECT ZONE -OPEN, TO "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, OF THE PROPERTY GENERALLY LOCATED AT 2973 SOUTHWEST 36 AVENUE, AND BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, TO "T6-8-O," URBAN CORE TRANSECT ZONE- OPEN, OF THE PROPERTY LOCATED AT 3555 SOUTHWEST 29 TERRACE MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: Item PZ.14 was deferred to the October 12, 2023, City Commission Meeting. City of Miami Page 80 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 Note for the Record: For minutes referencing Item Number PZ.14, please see "Order of the Day." City of Miami Page 81 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 PZ.15 ORDINANCE First Reading 14508 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Planning ("MCNP") OF THE CITY OF MIAMI ("CITY"), TO INCORPORATE NECESSARY AMENDMENTS REFLECTING CHANGES IN STATE REQUIREMENTS AND UPDATING THE ELEMENT(S) BASED ON CHANGES IN LOCAL CONDITIONS SINCE THE LAST UPDATE IN YEAR 2015 AS REQUIRED BY FLORIDAADMINISTRATIVE CODE RULE 73C-49AND SECTION 163.3191, FLORIDA STATUTES, TITLED "EVALUATION AND APPRAISAL OF COMPREHENSIVE PLAN"; SPECIFICALLY BY AMENDING, ADDING, AND DELETING GOALS, OBJECTIVES, AND POLICIES OF THE CITY'S MCNP, AS ATTACHED AND INCORPORATED IN EXHIBITS "A," "B," "C," "D," "E," "F," "G," "H," AND "I," BY AMENDING THE FUTURE LAND USE MAP ("FLUM") INTERPRETATION OF THE MCNP WITHIN THE FUTURE LAND USE ELEMENT AND THE PROPOSED 2035 FUTURE LAND USE MAP SERIES CONTAINED IN APPENDIX LU-1 TO ESTABLISH THE NORTHEAST RESIDENTIAL INCREASE AREA OVERLAY TO PERMIT UP TO 350 DWELLING UNITS PER ACRE FOR THE AREA GENERALLY BOUNDED BY NORTHEAST 36 STREET TO THE NORTH, BISCAYNE BOULEVARD TO THE EAST, NORTHEAST 20 TERRACE TO THE SOUTH, CONNECTING THE FEC RAILROAD TO NORTH MIAMI AVENUE TO THE WEST UP TO NORTHEAST 29 STREET THEN EAST COAST AVENUE TO THE WEST UP TO NORTHEAST 36 STREET, MIAMI, FLORIDA, AS DEPICTED IN EXHIBIT "J," ATTACHED AND INCORPORATED, WHILE MAINTAING ALL UNDERLYING FUTURE LAND USE MAP DESIGNATIONS; AND BY AMENDING THE PROPOSED 2035 FUTURE LAND USE MAP SERIES CONTAINED IN APPENDIX LU-1 TO EXTEND THE RIVER QUADRANT RESIDENTIAL DENSITY INCREASE AREA OVERLAY TO PERMIT UP TO 500 DWELLING UNITS PER ACRE FOR THE AREA GENERALLY BOUNDED BY SOUTHWEST 3 STREET TO THE NORTH, SOUTH MIAMI AVENUE TO THE EAST, THE MIAMI RIVER TO THE SOUTH, AND THE CURRENT RIVER QUADRANT RESIDENTIAL DENSITY INCREASE AREA BOUNDARY TO THE EAST, MIAMI, FLORIDA, AS DEPICTED IN EXHIBIT "K,"ATTACHED AND INCORPORATED, WHILE MAINTAINING ALL UNDERLYING FUTURE LAND USE MAP DESIGNATIONS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR TRANSMITTAL TO AFFECTED AGENCIES; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: Item PZ.15 was deferred to the October 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.15, please see "Order of the Day" and "Public Comments for all Item(s)." City of Miami Page 82 Printed or/ 11/03/2023 City Commission Meeting Minutes September 28, 2023 END OF PLANNING AND ZONING ITEM(S) City of Miami Page 83 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 NA.1 14801 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "2023-2025 F-ROC PROGRAM," AUTHORIZING THE CITY MANAGER TO EXECUTE THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT'S ("FDEM") FLORIDA RECOVERY OBLIGATION CALCULATION ("F-ROC") PROGRAM PARTICIPATION REQUEST FORM, IN SUBSTANTIALLY THE ATTACHED FORM, BY SEPTEMBER 30, 2023, TO OPT -IN TO THE F-ROC PROGRAM ALLOWING THE CITY OF MIAMI ("CITY") TO BE ELIGIBLE TO RECEIVE RECOVERY FUNDING UPFONT BEFORE A DISASTROUS WEATHER EVENT OCCURS; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT FUTURE FUNDING AND DESIGNATE THE CITY'S DEPARTMENT OF FIRE - RESCUE, DIVISION OF EMERGENCY MANAGEMENT TO SATISFY ANY PREREQUISITE CONDITIONS FOR PARTICIPATION IN THE F-ROC PROGRAM AND EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO OPT IN TO THE PROGRAM AND IMPLEMENT THE ACCEPTANCE OF SAID RECOVERY FUNDS. ENACTMENT NUMBER: R-23-0452 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For additional minutes referencing Item Number NA.1, please see "Order of the Day." Chair King: May I have a motion for our pocket items, PI1 and PI2? Commissioner Reyes: Move it. Chair King: Second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And Chair, just for the record, for PI2, Commissioner Carollo will be appointing Pat Santangelo to his seat on the Bayfront Park Management Trust. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 84 Printed or1 11/03/2023 City Commission Meeting Minutes September 28, 2023 NA.2 14797 Office of the City Clerk NA.3 14796 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Pasco (Pat) Santangelo ENACTMENT NUMBER: R-23-0450 NOMINATED BY: Commissioner Joe Carollo MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number NA.2, please see Item Number NA.1 and "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER SABINA COVO AS CHAIRPERSON OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY. ENACTMENT NUMBER: R-23-0451 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes Commissioner Reyes: Well, I have a motion to appoint Commissioner Covo as Chairman of the Omni CRA (Community Redevelopment Agency). Vice Chair Carollo: I will second the motion. Let me be very clear. I don't have the time to spend on the Omni CRA, so it's good to have a member of this body that will bring new energy with the time to provide to it. The -- what I would suggest that we do so that it's not fair to her to throw her as chairman right when we're going through the agenda just to make it effective at the end of the day, at 5: 00 p.m. Commissioner Reyes: At the end of the day, yes. Vice Chair Carollo: Yeah, effective 5:00 p. m. today. Commissioner Reyes: Yes, I agree with you, Commissioner. Vice Chair Carollo: And then -- yeah. City of Miami Page 85 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 Commissioner Reyes: I agree with you, effective of that appointment of Commissioner Covo as Chairman of Omni CRA effective this date at 5 o'clock in the p.m. Chair King: City Clerk is trying to say -- Vice Chair Carollo: To be very clear. What I was saying was that it would not be fair to ask her to chair a meeting -- Commissioner Reyes: Yes. Vice Chair Carollo: -- that's got a lot of stuff in there that -- Commissioner Reyes: That's right. Vice Chair Carollo: -- she hasn 't had as the new chairman -- Commissioner Reyes: Time. Vice Chair Carollo: -- the opportunity to go through, et cetera. And then, you know, we're at that time of the year that then will be used by individuals that don't have the best interest of the City at heart. So, that's why I suggest that it will be effective at 5: 00 p.m. I'm sure she's going to do an excellent job with it. Chair King: The City Clerk has his hand up. Vice Chair Carollo: Yes. Todd B. Hannon (City Clerk): And my apologies for the interruption, but the start date for the term always begins the day after the Commission meeting. So it's not -- Vice Chair Carollo: Okay, well, that 's fine. Mr. Hannon: Yes, sir. Chair King: So, that's fine. So, I have a motion and a second. All in favor? Vice Chair Carollo: A motion and a second. The Commission (Collectively): Aye. Chair King: Okay, that motion carries. Now I'm going to recess the meeting so that we can have the Southeast Park West Overtown CRA (Community Redevelopment Agency) meeting. I said it wrong again, but you guys know I'm dyslexic and those alphabets mix me up. The Overtown CRA right now. Mr. Hannon: And Chair, we just need a moment. Chair King: A moment to change that and then we will go into the Virginia Key Beach Trust meeting, and then the Omni CRA meeting. Thank you. City of Miami Page 86 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 NA.4 14802 City Commission ADJOURNMENT RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ("CITY"), APPROVING THE VIRGINIA KEY BEACH PARK TRUST'S ("TRUST") APPOINTMENT OF ATHALIE EDWARDS AS THE EXECUTIVE DIRECTOR UNDER THE TERMS AND CONDITIONS AGREED UPON BY THE TRUST. ENACTMENT NUMBER: R-23-0453 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: Commission meeting for September 28, 2023. We are now back in session. I would like to introduce a pocket item, Pocket Item 3, to appoint Athalie Edwards as the executive director of the Virginia Key Beach Park Trust. We did it through the Trust -- Commissioner Reyes: Move it. Chair King: -- meeting. And now we need to make it official. Victoria Mendez (City Attorney): Could we have public comment? Chair King: I'm going to -- I'm going to open the floor for public comment for this specific item, the appointment of Athalie Edwards as the executive director of the Virginia Key Beach Park Trust. Is there anyone here that would like to speak on that item? Seeing none, public comment period is closed. May I have a motion? Vice Chair Carollo: (INAUDIBLE). Commissioner Reyes: Move it. Vice Chair Carollo: (INAUDIBLE). Commissioner Reyes: Move it. Hello? Chair King: Got it, got it, Commissioner. Commissioner Reyes: Okay. No, it 's not God that's talking, it's me. Chair King: No, I see you. I hear you. I hear you as well. Vice Chair Carollo: (INAUDIBLE). Chair King: So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Thank you. City of Miami Page 87 Printed on 11/03/2023 City Commission Meeting Minutes September 28, 2023 The meeting adjourned at 4:44 p. m. City of Miami Page 88 Printed on 11/03/2023