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HomeMy WebLinkAboutCC 2023-10-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, October 12, 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 October 12, 2023 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Covo and Commissioner Reyes On the 12th day of October 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 11:58 a.m., reconvened at 3:24 p.m., and adjourned at 3:49 p.m. Note for the Record: Commissioner Reyes participated in the meeting via Zoom video beginning at 10:34 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: -- City of Miami Commission meeting for October 12, 2023. We are going to get started now. Apologies for our late start. We have today with us Pastor Hawkins, who will bless us with prayer. Invocation delivered. Chair King: Thank you so much. Thank you. Commissioner, Carollo, would you please honor us with the Pledge of Allegiance? Pledge of allegiance delivered. Chair King: Thank you all. You may be seated. PR - PRESENTATIONS AND PROCLAMATIONS PUBLIC COMMENT PERIOD FOR ALL ITEM(S) 14881 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE OCTOBER 12, 2023, CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: At this time, I will open the floor for public comment. Anyone wishing to speak on any items on this agenda, please come to the lectern. Luis Herrera: Good morning. Chair King: Good morning. City of Miami Page 1 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Mr. Herrera: My name is Luis Herrera, president of Vizcaya Homeowners Association. I live at 1181 Southwest 22nd Terrace. I'll be talking in PZ.3. Years back, when Miami 21, they put it in, they promised to the neighborhood too many things. And I find out everything be changed. And by surprise, they get contrusion [sic] in the neighborhood. Now we are adopting proposals with a new plan to protect the neighborhood. And I want to be in black and white, inform to any association that is around District 3, put the information, the recommendation we give you, and the -- we asking for be there in black and white, so not be like a promise before, like in Miami 21, and then I surprised, a few years -- a few weeks ago that everything be changed, not by the promise they make in Miami 21. And this is a surprise for the neighborhood and we want to live life, quality of life for everybody. Thank you very much. Chair King: Thank you. Good morning. Alex Uribe: Good morning, Madam Chair, Commissioners. Alex Uribe, with office at 2800 Ponce de Leon Boulevard, here on behalf of O'Malley Holdings, and my comment is just relating to PZ.2. I'm the attorney for the applicant, and we just want to clam for the record on how this is to be approved. We have two rezoning districts requested here, however, we are agreeing that we are not going to proceed with the T-5-O to T-6-8-0 rezoning that was applied for and it is only going to affect the T-3- 0 to T-4-L. So, when this gets approved, we just want to make sure that that's noted that it's approved only the T-3-0 to T-4-L and not the T-5-O to T-6-8-0. Thank you very much. Chair King: It 's PZ (Planning and Zoning) what? Mr. Uribe: PZ.2. Chair King: PZ2. Lakisha Hull (Director, Planning): And for the record, would it also include the covenant? Mr. Uribe: Correct. There's a covenant that 's been proffered and that would be part of the record as well. Thank you very much. Chair King: Have we seen the covenant? Ms. Hull: Yes, madam. We have seen it and it is part of the legislative file. Chair King: Okay, can I have a copy of it? Ms. Hull: Yes, ma'am. Chair King: Thank you. Mr. Uribe: Thank you. Chair King: Thank you. Good morning. Luis Morales: Good morning. My name is Luis Morales, and I live at 1143 Southwest 22nd Terrace. I would like to speak about the same item, PZ.3. A few weeks ago, I was invited to a meeting with a group of the City of Miami that was proposing changes to the zoning in Miami 21. They had several people writing our input. And we have a lot of problems with what they were presenting because it was affecting our quality of life. They were trying to allow to build -- to construct a building next to a City of Miami Page 2 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 single-family home. And after the meeting was finished, I said, well, anyways, in the worst scenario, we are protected by Miami 21 because that was one of the main issues when Miami 21 was created to protect the residential neighborhoods. But yesterday I find out that somebody -- we don't know when or why -- changed that protection system in Miami 21 for the residential neighborhoods and now we have no protection at all. So, I ask the Commission to please find out what happened with that and to please keep the protection for the residential neighborhoods and don't allow a building to be constructed next to a single family home. Thank you. Chair King: Thank you. Good morning. Nelson Stabile: Good morning, Madam Chairman. Good morning, Commissioner Carollo. Good morning, Commissioner Covo. Nelson Stabile, with offices at 150 Southeast 2nd Avenue. I'm the president of the Builders Association of South Florida, and I'm here in front of you today to speak in support of the PZ items 07 through 11, which constitutes the waiver reform. Not only do we support the item, but I wanted to commend -- take this opportunity to commend the staff for working very closely with the private sector in understanding the implications that such package and an amendment would have on, you know, the construction and the development industry in the City of Miami. So, just a great job done by both Planning and Zoning that are here with us today and just I wanted to speak in support of that item. Thank you very much. Chair King: Thank you. Good morning. Steven Wernick: Good morning, Madam Chair, Commissioners. My name is Steve Wernick, 2501 Swanson Avenue. Here on PZ.3 to speak in support. These are the evaluation and appraisal report amendments to the City's Comprehensive Plan. One, this is a state mandated process every seven years that each municipality has to go through, and so this is something that is mandated by the state to plan for the future growth of the City. The Planning Department has done an incredible job of outreach with public meetings in every district. There were presentations in this building in conjunction with the Planning, Zoning, and Appeals Board, workshops even before they formally considered the items that gave everyone an opportunity to understand what's going on. This is a planning initiative. And three, and I think most impressive to me, that this is really integrating transportation and land use policy for the first time in Miami -Dade County in a way that 's forward thinking. We talk a lot about our transportation not being there. With improvements to the commuter rail, to the Metromover, we're now planning around those stations in an important way. So, thank you, Commissioners, for your support on this item. Chair King: Thank you. Morning. Diego Ojeda: Good morning, Chairwoman and Commissioners. Diego Ojeda, president of Rilea Group, located at 1200 Brickell Avenue, Suite 1200. I am an owner in Wynwood, and we are developing close to 450 units and bringing 40,000 square feet of retail to the neighborhood. I'm here also in representation of the Wynwood BID (Business Improvement District), and we want to support PZ.3 because of the train and the Metromover coming to Wynwood. Transit does not work without density. So, we endorsed it at the last Wynwood BID meeting, so PZ.3. Thank you very much. Chair King: Thank you. Good morning. Luis Ruvira: Hello. Yes, my name is Luis Ruvira. I live in District 3 near the train station of Vizcaya. I come to support PZ.3 too. Even though I live there, I think it 's -- Vizcaya train station is the only station that is in the middle of a single home residential neighborhood, which is completely unaffordable for Miami. They need to City of Miami Page 3 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 develop ridership, and this is preventing that. So, I think also density in the area is going to improve affordability, and I support that, especially for a community that, I think also Miami 21 follows the steps of urbanists like Jane Jacobs, trying to improve afford -- walkability and mixed developments and things like that. So, I think it's going to improve the City. It goes along with the organization -- or I mean the plan of all the gardens and parks they are doing below the trains. I think it 's improving the city, making it grow affordably and sustainably. And so I support what is PZ.3. Thank you. Chair King: Thank you. Good morning. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. First of all, I just want to thank all of you for the support of keeping our block safe. Thank you to the chief the police. They're giving rounds and making a big difference. A simple police officer to maybe stop by five minutes, drive around, 50 percent decrease of the activity we have seen, so I want to -- the same way that I came and ask you for help, I want to thank you and want to publicly say that it is working. And the chief and the police officer that come, thank you so much. We -- the entire block has seen a difference. So, thank you for your support. Chair King: We listen. We listen. Thank you for showing up -- Ms. Betancourt: Thank you. Chair King: -- because we listen. Ms. Betancourt: Thank you so much. I really appreciate it. I'm in support of FR.1. As a member of the Code Enforcement Board, we've seen this too often. Sometimes there are houses that they are being built 1900s, 1920s, but the setback was not there. So, the full support for that area in our neighborhoods that they have houses that they are not -- can't just knock out the house to comply with the setbacks. I understand new construction, but setbacks that have been there is unsupport -- full support for FR.1. And at the same time, I just want you guys to think about something that happened yesterday. A owner who has snake leaves in his front yard is considered that it 's not landscaping decoration and being asked to be removed. We do have them all around the City of Miami. It's not -- it's not destructive. It's not garbage. It's -- that's what the person choose to have in front of the house. And when we as a city force a person to not just remove what they have and force them just to do something that is -- we do it and see it in Coconut Grove and in different areas, I think it's not fair that the areas are not hold to the same standards. Thank you. Chair King: Thank you. Victoria Mendez (City Attorney): Madam Chair, I just -- I asked IT (Information Technology) to please place Commissioner Reyes on the -- but he's listening. He can hear. Chair King: Right, I know. He's listening. Good morning. Good morning. Miguel Soliman: Good morning. Thank you very much for this opportunity, Chair. Commissioner Reyes: Yes. Good morning. I'm listening and I'm sorry for being late, but I'm listening to everything that's going on. Chair King: Buenos dias (Comments in Spanish not translated), Commissioner Reyes. City of Miami Page 4 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Commissioner Reyes: Buenos dias, mi querida amiga. (Comments in Spanish not translated). How are you doing? Chair King: Todo bien (Comments in Spanish not translated). Commissioner Reyes: How 's everybody doing? Chair King: Todo bien (Comments in Spanish not translated). Commissioner Reyes: Okay, I miss you guys. I'll be with you very shortly. Chair King: Okay, perfect. Commissioner Reyes: Thank you. Chair King: Continue. Mr. Soliman: Thank you very much. First of all, I have to say that although I 'm not Jewish, I was touched by Vice Chairman Joe Carollo 's word in respects to the Jewish people. And I just feel I have to echo his sentiments. And he is absolutely correct. And I feel we should all support Israel in this endeavor. And I heard -- I read someone in social media say that they hope Israel has mercy with Gaza. And I just have one thing to say. Where was the mercy with those babies in Israel, with those women set on fire, raped? So, they set the level of mercy and now they better -- they better be ready for the level of mercy that they set. And I, for one, am in complete support with Commissioner Joe Carollo 's words. Thank you, Commissioner. Commissioner Reyes: Madam Chair. Mr. Soliman: But I'm here -- I'm here because two weeks ago I came in front of this Commission and there was an incident in front of my house. And I looked at Commissioner Joe Carollo 's face and I asked him for help. And I'm here to thank him publicly for everything I know he has done and pushed, just as everyone on this Commission I know have done to help control that situation. And it is working. I want to say thank you to Commissioner Carollo, thank you to Commissioner Reyes, thank you to Commissioner King, thank you to Commissioner Covo for all your help. I also want to recognize our City Manager. I know he has been very involved in that situation. Our police chief our two commanders in the police in the City of Miami, they have also been very attentive and you should all be recognized, and I thank you very much for all the help that you have given us. Chair King: Thank you. Thank you for saying that. Mr. Soliman: Thank you. Commissioner Reyes: Madam Chair. Chair King: Commissioner. Commissioner Reyes: Yes, thank you for giving me the opportunity now. I want to also state my -- well, I wasn't able to vote on the item on Israel brought by Commissioner Carollo and the Mayor, but I want to let know -- everybody know my full support to that pocket item and that's what I wanted to make sure that, Todd, you reflect that I am in full support of that item. Chair King: Thank you. City of Miami Page 5 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Vice Chair Carollo: (INAUDIBLE). Chair King: Yes. Good morning. Zarahy Pacheco: Good morning. My name is Zarahy Pacheco, 3061 Northwest 18th Street, and I have with me two people that are going to donate their minutes, and I was asked for them to say their names. Chair King: No, we -- you -- Ms. Pacheco: No? Chair King: No, we only have -- one person can donate their time, not two. So, one person can give you time. Ms. Pacheco: Alright. Chair King: What? Wait. Todd? Todd B. Hannon (City Clerk): So, just briefly, a speaker may receive the donation of speaking time from no more than two members of the public for a total speaking time offive minutes, unless extended for a maximum of seven minutes by a supermajority of the City Commission members present. So, right now, she could just receive a maximum offive minutes. Chair King: So, the two of them can -- and you '11 have five. Ms. Pacheco: Okay. Chair King: Okay. Ms. Pacheco: Alright. So, I want to start thanking all the Commissioners and City personnel for FR.1, Item 14809 on the agenda. Just like the panelist says, this is a very needed in this community. It took me years since 2019 trying to resolve an issue of my house. And I find out there are many, many, many, many properties like this, and many residents are -- get tired. They're not so persistent like me, and they sell the house, and they end up with no money to do anything, pretty much. So, I want to thank everybody that worked very hard on this item, everybody that drafted it, from Diaz de la Portilla who started it, from Manolo Reyes who took over, from all of you guys that are here listening to it, and everybody pretty much in the City that listened to me at some point, that I bugged for years asking for a solution. So, I'm very thankful for that. I also want to ask you guys to please consider reviewing the microfilm records. It has come to my attention that many records were damaged during Hurricane Andrew, other ones were because of the time. And it 's okay to admit it. Nothing is going to happen if we tell what we don't have. But we need to find a solution to this problem because we cannot continue blaming residents and saying we have all the permits when we don't in the City and that it was illegally permitted because the permits are not there. And whatever we don't have, we don't have it, but let's just find a solution to those properties that are old and that are being there and that are in good condition. If it's in bad condition, let's just demolish it or whatever the solution is, but if they're in good condition, we need to find a solution. This is not going to be the first city that has this problem. And changes sometimes are a can of worms, are a Pandora box, and it might be difficult to face it, but sometimes they're needed. And at this time, I really think that we need a good revision to those microfilms to determine what we have, what we don't have, what we can do for the ones that we don't have and do some kind of amnesty for those people. There are many old people that don 't know English, that don 't know the process, that started like me, and that don 't have the City of Miami Page 6 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 time. I have to quit my job to come here pretty much every single day. So, it is important that we take care of all those people too. But I wanted to thank you all for making this possible and to finally do the first step for something, for change. Chair King: Thank you. Is there anyone else that would like to make a comment? Good morning. Dan-Ya 'an Bostic: Good morning. How y 'all doing? I'm against PZ.3. Chair King: Your name? Mr. Bostic: Hello? Chair King: Your name. Mr. Bostic: My name is Dan-Ya 'an Bostic. I'm against PZ.3, the building of all the high-rises around the area. What they're doing is they're building too many buildings and there's not enough jobs to go around, you know. So -- and they're also destroying a lot of historical -- historical houses and everything like that. And then the small people, they don't allow the small people, the City, to be able to operate business. But they let the big businesses do it. They jump you through a whole bunch of hoops that you don't need to -- that you don 't need to do, that's not necessary, that's not even hurting anyone. And it's ridiculous. In maybe about 10 years, this place is going to be just like Detroit. You're going to destroy the whole city. I see it happening. A lot of things are getting ready to, you know, take place. They don 't see it, you know, because they see money. But you see money, but there's not a lot ofjobs because they don't allow smaller people to be able to operate. And if anybody knows anything about economics, 80 percent are small businesses, and you know, other things like that. Big corporations in the city cannot supply everybody with work. So, yeah, I'm against that. And you know, leave it. Y'all finish what y'all finish, and leave it just like that so people will be able to work and live. Because y 'all got all these people, but nobody's not working in the stores. There's no work, you know, because everything is a high-rise. They got Amazon right next to me. I'm at address 100 Northeast 23rd Street. They just moved that, and somebody told me they're building a high-rise right there. I said that doesn't make sense for them to build a high-rise right there because when you go in the morning to the job -- Commissioner Covo: Madam Chair. Mr. Bostic: -- who 's going to do coffee? Who's going to serve you this, serve that? So, I guess PZ.3 is the high-rises, right? Correct? Which one is it? Commissioner Covo: It's PZ.3. Chair King: For the high rises? Commissioner Covo: For the high rises and for -- Chair King: It's a combination of things. Commissioner Covo: It's a combination of things. Chair King: Right, it's not just -- Commissioner Covo: So, to put it on the record, I asked Lakisha -- she's going to give a presentation. The river area, because it's super controversial and people have come to my office, and the west side of Edgewater? City of Miami Page 7 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Mr. Bostic: Yes. Commissioner Covo: Okay, we're not going to include them in that plan, so you know. And Lakisha will make the presentation. We pulled it out. We're going to review it again. It's not going to happen. Mr. Bostic: Yeah, yeah, yeah. Y'all have to review it because that is weird. Commissioner Covo: So, I was going to say, when we went to the PZ items, but since you already mentioned it, it 's not going to be included in this plan. Chair King: Okay. Commissioner Covo: If it passes, of course. Chair King: Okay. Mr. Bostic: Yeah. Chair King: Thank you. Mr. Bostic: I hope it don't. Chair King: Thank you. Mr. Bostic: All right. Thanks. Chair King: Good morning. Gumersindo Pacheco (as translated by the official Spanish interpreter, Irene Orces): Good morning. My name is Gumersindo Pacheco, 795 Northwest 32nd Court. Okay, I'm here to support an ordinance that will help hundreds of houses in our city. I'm doing it for a reason. Our home is the biggest investment that we have in the United -- that our families have in the United States. Okay, those homes were built in the '40s and '50s. They have had several homeowners. Okay, during Hurricane Andrew, many of the home plans and records were lost due to the floods. Okay, so now the current homeowners do not possess those plans and now they're suffering the consequences. Okay, it is the American Dream to own your own house. Chair King: Thank you. Your time is up. Mr. Pacheco (as translated by the official Spanish interpreter, Irene Orces): Okay, I want to support the American Dream by saving our homes. Chair King: Thank you. Gracias. Thank you. Thank you. Mr. Pacheco (as translated by the official Spanish interpreter, Irene Orces): You can also help save a big community. Chair King: Thank you. Irene Orces: Yeah. Mariana? Mariana Lopez. No, no to tengo (Comments in Spanish not translated). Efrain Reveron (as translated by the official Spanish interpreter, Irene Orces): Good morning. City of Miami Page 8 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Chair King: Buenos dias (Comments in Spanish not translated). Mr. Reveron (as translated by the official Spanish interpreter, Irene Orces): Good morning to everyone. My name is Efrain Reveron, 12750 Southwest 18th Street, 33175. I'm coming here to support a new ordinance to save hundreds of homes that were built under old regulations under the last century coding. It's not fair that all of our American dreams can be done with a new nightmare. Thank you. Chair King: Gracias (Comment in Spanish not translated). Is there anyone else? Ms. Orces: Mariana Lopez. Usted diga su nombre y yo ya tengo todo escrito aqui. Diga su nombre y su direccion (Comments in Spanish not translated). Mariana Lopez (as translated by the official Spanish interpreter, Irene Orces): Good morning. Mariana Lopez, 3061 NW 18th Street, 33125. Ms. Orces: I'm going to read her statement. Ms. Lopez (as translated by the official Spanish interpreter, Irene Orces): I am here today -- I have -- I am here today to support Zarahy Pacheco. Zarahy has been searching for her home building records all over the city public offices. She has gone to all the scheduled appointments to get her home issues solved. No records have been found. We please ask you to assist us by updating, creating regulations or codes so that families do not have to deal with violations that were mandated over 10 years before their homes were purchased, as in Zarahy's case. Please reconsider microfilm revisions in order to update the information on the home damages and structures along with the dates of the incidents. We therefore request an exoneration program so that the affected residents do not have to unfairly pay dues that do not apply to them or even worse, have their properties demolished. Please empathize with residents who are carrying this burden and suffering the loss of their homes by being forced to sell their properties, especially because of the lack of money for remodeling. Thank you. Thank you so much. Chair King: Thank you. Is there anyone else here who would like to speak? Excuse me, ma'am. She'd like to speak. Christine Michaels: Good morning, City Commissioners. My name is Christine Michaels, 90 Southwest 3rd Street. I received one of those little papers in the mail from the Planning, Zoning and Appeals Board and I presented this at the PZAB (Planning, Zoning and Appeals Board) meeting. It's very confusing. It 's very hard to understand. It's a foreign language to us average folks. And I walked over to the City admin building, met with the Planning Department, and they explained what was happening. Now, I live in the riverfront community where, thankfully, you listened, where they want to move a boundary to allow for more density. I'm born and raised here in Florida and lived in downtown and Brickell since 2000. I've owned a few condos and I love downtown and Brickell, but what I have seen in this explosion of construction that there is no infrastructure to support all these condo buildings. And I want to thank you, Ms. Covo, for listening and others for withdrawing that part of the plan to move that boundary that will allow more density because in downtown and Brickell, there is no infrastructure. We can 't add more public transportation. We can 't build subways. We can 't -- there is no solution. And so I've actually worked for developers, actually two developers, and we believe in smart planning and smart development, smart planning, but it doesn 't exist in Miami. And one important thing I want to add, when I went to the Planning Department and trying to get a handle on this and do some research, I said, how many buildings existed in 1980s? Do you see how much we've grown? Do you know that record does not exist? No one could tell City of Miami Page 9 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 me how many buildings existed in 1981, 1982, 1983, yet we keep on building and no one has a record of any of this. One organization sent me a picture, well maybe you can start counting some of these buildings. So, it seems like it's out of control. I come to all the PZAB meetings and those who voted against were very clear. This plan, the comprehensive plan -- I'm winding down -- benefits developers, not the residents. Residents have spoken. Please vote against it. Thank you. Chair King: Thank you. Is there anyone else that would like to speak? Rocio Fleites: (Comments in Spanish not translated). Mr. Hannon: My apologies, Chair. Can you get closer to the microphone? Ms. Fleites (as translated by the official Spanish interpreter, Irene Orces): 1101 Southwest 42nd Terrace, Miami, Florida, 33165. Okay. Good morning. I 'm here to support Zarahy Pacheco. I do not support her home demolition. It 's her only home, her only residence. It 's very unfair that due to a flood, her home records are lost. And now she's facing code violations as many other residents are. We ask that you please create a new City code to assist all the homeowners going through the same situation. They deserve to live peacefully in their homes. Unfortunately, their homes already had code violations when purchased without them being aware of the violations. We ask that you support the 2002 ordinance for homes being built before that date due to the loss of permits. Thank you. Chair King: Thank you. Is there anyone else that would like to speak? Gisela Martin (as translated by the official Spanish interpreter, Irene Orces): Good morning. Mi nombre es Gisela Martinez, 11001 Southwest 42nd Terrace, 33165. Gisela Martinez. Good morning. I'm here to support Zarahy Pacheco. We do not support her home demolition. As a resident, I am requesting that the City create a new code so that homeowners get the help and support they need in order to keep their homes facing demolition. Zarahy's home records can't be found due to a past hurricane flooding. A new code must be created to assist people like Zarahy, especially if the home is their primary residence. An amnesty program could help these residents. Thank you. Chair King: Thank you. Raquel Mesa (as translated by the official Spanish interpreter, Irene Orces): Good morning. Raquel Mesa, U.S. (United States) citizen, 222 Phonetia Avenue, Apartment 2, Coral Gables, Florida, 33134. I am here to ask you to support the ordinance not to demolish homes that were not legalized and built before 2002 that many of them do not have records due to the loss of the documents in Hurricane Andrew. Please, and for other reasons, these matters need to be legalized. Thank you. Chair King: Thank you. Ace, good morning. Asael Marrero (Director, Building): Good morning, Madam Chair, Commissioners. I would just like to say for the record, as the official custodian of microfilm records for the City of Miami, that to the best of my knowledge and that of you know, my staff we do not have, you know, any records missing, you know, as it has been claimed. You know, also, it's not the policy of the City of Miami -- also, it is not the policy of the City of Miami Building Department to demolish this house. It is only to enforce the code. So, I just want to put that on the record. Commissioner Covo: Where is this house? City of Miami Page 10 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 ORDER OF THE DAY Mr. Marrero: Pacheco's house. And she knows that we have been more than available throughout the -- this entire ordeal. You know, we have facilitated at least that I have been present to, I want to say at least more than 30 meetings. So, you know, so I just wanted to put that on the record. Thank you. Chair King: Thank you. Is there anyone else that would like to speak? Seeing none, public comment period is now closed. Victoria Mendez (City Attorney): Detailed information about 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 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 Code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with 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 10 a.m. and remain open until public comment is closed by the Chair. Members of public wishing to address the body may do so by submitting written comments via the online public comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to elected officials, their staff and City administration throughout the day so that the elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to elected officials, their staff, and City administration up until the Chair closes public comment. Public comment may also be provided at -- live at City Hall, located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such a later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notes the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on items and topics to be discussed at the City Commission meeting in compliance with section 286.0114 4(c), Florida Statutes. The public has been given the opportunity to provide such public comment during the meeting and within reasonable proximity and time City of Miami Page 11 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 before the meeting. Please note Commissioners have generally been briefed by City staff and the City Attorney's Office on items on the agenda today. Anyone wishing a verbatim record of the item considered at this meeting may request at the Office of Communications or view it online at www.miami.gov.com. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. Parties for PZ items, including any applicant, appellant, appellee, City staff and any person recognized by a decision -making body as a qualified intervenor, as well as applicants, representatives, and any experts testdying on behalf of the applicant, appellant, or appellee may be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk. The members of the City Commission shall disclose any ex parte communications pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to 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 Facebook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Pursuant to advisory legal opinion, AGO 2020-03 issued March 19, 2020, the Florida Attorney General opined that consistent with prior Attorney General opinions, a member of the local government body who is physically unable to attend a meeting because of medical treatment or due to medical reasons could participate and vote in meetings where a quorum of other members were physically present. Thank you. Chair King: Thank you, Madam City Attorney. Mr. City Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who are providing testimony to be sworn in for Planning and Zoning items and any quasi- judicial items on today's City Commission agenda will be as follows. The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for the planning and zoning items and or quasi-judicial items. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Chair King: Yes. Mr. Hannon: Chair, I'm now going to administer the oath. Good morning, ladies and gentlemen. If you're speaking on any of today's Planning and Zoning items -- if you're 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. It seems as if everybody is going to be speaking at Planning and Zoning -- for Planning and Zoning. Mr. City Manager, do you have any items that have been withdrawn from this agenda or deferred? City of Miami Page 12 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: PH.3, to be deferred to December 14th; RE.2, to be deferred to December 14th; SR.4, to be deferred to November 16th; PZ.6, to be deferred to December 14th; and PZ.14, to be deferred to November 16th. Chair King: PZ what? I'm sorry, the last PZ item? Mr. City Manager, what was the last PZ item? Mr. Noriega: 14, to be deferred to November 16th. I'm being corrected here by my esteemed Planning Director here that the PZ.6 is to remain on the agenda. Chair King: Okay. Lakisha Hull (Director, Planning): Yes, Madam, from my understanding, the appellant and the COA (Certificate of Acceptance) is here today and they want to speak on the item. Vice Chair Carollo: Okay, Mr. Manager, could you go through the items that you want deferred again, please? Mr. Noriega: Sure. PH.3, to be deferred to December 14th; RE.2, to be deferred to December 14th; SR.4, to be deferred to November 16th; and PZ.14, to be deferred to November 16th. Chair King: Mr. Vice Chair, do you have any items you'd like to defer or withdraw? Vice Chair Carollo: I do. I'd like to defer PZ.7 to December 14. Chair King: That's it? Vice Chair Carollo: For now. Chair King: Okay. Commissioner Covo, do you have any items? Commissioner Covo: I would like to please defer PZ.10 to December 14. Chair King: PZ.10? Commissioner Covo: 10, yeah, that's it, and co-sponsor PH.1. Chair King: Okay, co-sponsor PH 1. Todd, did you get that? Do I have a motion to -- 7 Todd B. Hannon (City Clerk): And Chair, just for the record, Commissioner Reyes would like to co-sponsor PZ.12 and sponsor items PZ.15, PZ.16, and FL.2. Chair King: Got it. Do I have a motion? Commissioner Covo: Move. Vice Chair Carollo: Move -- second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 13 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Chair King: Thank you. Do we have any pocket items? Victoria Mendez (City Attorney): Yes, Madam Chair. We have one more -- in addition to the pocket item that we already passed, which I think the Clerk labeled as Pocket Item 1, right? Then we have Pocket Item 2, which is your pocket. A resolution by the Miami City Commission issuing a noise waiver until 4 a.m., pursuant to Sections 36-4 of the City Code titled, "Operation of Radios, Phonographs and Other Sound Making Devices, Bands, Orchestras Generally Exempt" and 36-5 of the Code of the City of Miami, Florida, as amended, same hours of operation ofjukeboxes, radios, exception for events on City -owned property, relaxation, and extension of alcohol sales through 4 a.m. pursuant to Section 4-B of the City Code titled, "Hours," during which sales allowed permits for the Three Points Music Festival to be held at Mana Wynwood, 2217 Northwest 5th Avenue, Miami, Florida, also known as 318 Northwest 23rd Street, from October 20th through October 21, 2023 as a co -sponsored City event. Thank you. Chair King: Are there any other pocket items? Vice Chair Carollo: This is your district, correct, Commissioner King? Chair King: Correct, yes. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Special Meeting - Jun 12, 2023 2:00 PM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: If I may have a motion to approve the minutes from City Commission Special Meeting June 12 -- Vice Chair Carollo: Move. Chair King: -- June 14, and July 30. Commissioner Reyes: I move it. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 14 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 AM.2 City Commission - Special Meeting - Jun 14, 2023 10:00 AM AM.3 MOTION TO: RESULT: MOVER: SECONDER: AYES: Approve APPROVED Joe Carollo, Commissioner Manolo Reyes, Commissioner King, Carollo, Covo, Reyes Note for the Record: Number AM.1. For minutes referencing Item Number AM.2, please see Item City Commission - City Commission Meeting - Jul 13, 2023 9:00 AM MOTION TO: RESULT: MOVER: SECONDER: AYES: Approve APPROVED Joe Carollo, Commissioner Manolo Reyes, Commissioner King, Carollo, Covo, Reyes Note for the Record: Number AM.1. MV - MAYORAL VETO(ES) For minutes referencing Item Number AM.3, please see Item There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 15 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes CA.1 RESOLUTION 14594 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF TONTY FRANCOEUR, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $35,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $34,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-23-0454 This matter was ADOPTED on the Consent Agenda. Chair King: Do I have a motion for CA.1, 2, 3, 4, and 5? Vice Chair Carollo: Move. Commissioner Covo: Second. Commissioner Reyes: Move it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Passes. City of Miami Page 16 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 CA.2 RESOLUTION 14624 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF RALEIGH MILLS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $90,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $89,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-23-0455 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 14549 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING TWO (2) 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-23-0456 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 17 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 CA.4 RESOLUTION 14735 Department of Resilience and Public Works CA.5 14414 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL SIDEWALK EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM PRH N MIAMI LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF SIDEWALK CONSTRUCTED ON NORTHEAST 22ND STREET, MIAMI, FLORIDA. ENACTMENT NUMBER: R-23-0457 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALEXANDRIA CURCIE, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $40,000.00 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 ALEXANDRIA CURCIE VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 1:22-CV-21962-DPG, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT UNDER 42 U.S.C. § 1983 AND STATE LAW PENDING IN FEDERAL COURT AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-23-0458 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see Item Number CA.1. END OF CONSENT AGENDA City of Miami Page 18 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 PH - PUBLIC HEARINGS PH.1 RESOLUTION 14608 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE SENIOR RENTAL ASSISTANCE PROGRAM POLICIES AND GUIDELINES ADOPTED ON DECEMBER 12, 2019 PURSUANT TO RESOLUTION NO. R-19- 0516, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO INCREASE ASSISTANCE TO ELIGIBLE LOW INCOME SENIORS WHO ARE UNABLE TO ABSORB DRAMATIC RENT INCREASES; 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-23-0459 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For additional minutes referencing Item Number PH.1, please see "Order of the Day." Chair King: We have PH.1. I believe this needs to be amended on the floor. Vice Chair Carollo: (INAUDIBLE) sponsor that also please for the Clerk. Chair King: For PH.1? Vice Chair Carollo: Yes. Commissioner Reyes: Yes. Yes, PH.1. Chair King: Todd, I am the sponsor of that, right? Vice Chair Carollo: Yes, you are also a sponsor. Commissioner Reyes: You are a co-sponsor of it? Chair King: Yes. Commissioner Reyes: Madam Chair, I think staff is going to make the -- is going to make the -- Chair King: Amendment? Commissioner Reyes: The amendment, yes. That's what I understood. That it's going to be increased to 400, okay. Chair King: So, the amend -- could you spell out the amendments, please, for the record? City of Miami Page 19 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Robert Tazoe (Assistant Director): Yes, good morning, Madam Chair. Robert Tazoe, Housing and Community Development. Chair King: Good morning. Mr. Tazoe: Good morning. There's three amendments that we're proposing. Number one is the increase of the qualified income from 40 percent AMI (Area Median Income) to 50 percent AMI. Commissioner Reyes: Okay. Mr. Tazoe: Number two is the increase of the amount of the maximum assistance from $100 a month to $500 a month. And number three is to ensure that people meet the 30 percent so they're not cost burdened. What we wanted to do is to include payments towards rent above the 30 percent of the participants ' income. Chair King: Okay. Will you also be removing the bank statement requirements? Mr. Tazoe: Certainly that's another recommendation that if we want to move the program -- Chair King: I think that would be burdensome -- Commissioner Reyes: Yes, ma 'am. I agree with you. Chair King: -- to have the seniors submit their bank statements. Commissioner Reyes: And some of them don 't even have a bank account. Mr. Tazoe: That is correct. We do have some issues trying to gather bank statement information for some of our clients. Chair King: Yes. Commissioner Reyes: That's right. Commissioner Covo: Yeah, some don't even have a bank. Chair King: I don't want to burden our seniors because this relief is so necessary. And the priorities that you have in place? Mr. Tazoe: We currently have a wait list with those priorities. We definitely would, you know, suggest if we can remove those priorities, it will be easier for other people or other seniors that don't, you know, fit within those priorities to be able to qualms for the program. Chair King: So, can we also make an amendment to remove those priorities? And that gives everyone a fair opportunity, correct? Mr. Tazoe: Yes. Chair King: Okay. Commissioner Reyes: I support that, Madam Chair, and your amendments. Chair King: And then there's the issue about the administrative fees. Mr. Manager, does each Commissioner need to manage this project to make sure it --? City of Miami Page 20 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Larry Spring: Larry Spring, Chief Financial Officer, Madam Chair. What we're asking is, as we continue to administer more and more programming, our staffing is limited. So, what we're asking in this particular case, if you will give us a 10 percent administrative allowance to move forward the administration of the program -- to the extent we don't need that much money, those dollars will be put back to assist more seniors in the program. Chair King: What I 'm most concerned about is I don 't want this program to lag. So, if my team needs to administrate it in District 5, I'm glad to do it. Mr. Spring: Okay. No, I think we can handle it. Chair King: So, give you the administrative fees. Mr. Spring: Right. Chair King: And -- but I don't want the program -- we're passing it today. I don't want three months from now -- Mr. Spring: (INAUDIBLE). Chair King: -- that that money's not on the street because it's very important. Mr. Spring: Absolutely, absolutely. Chair King: Okay. So, we have PH.1, as amended. May I have a motion for PH.1 -- Vice Chair Carollo: Move. Commissioner Covo: Second. Chair King: -- PH.2, PH.4? Arthur Noriega (City Manager): We have a proposal. Victoria Mendez (City Attorney): PH.4 has -- Chair King: I'm sorry, what happened? Lillian Blondet (Director): Good morning. Lillian Blondet, Office of Grants Administration. Just for the record, we introduced and gave to the City Clerk the backup documentation for PH.4. Chair King: Okay. Commissioner Reyes: Okay. Todd B. Hannon (City Clerk): It doesn 't amend the legislation. It's simply backup documents being submitted into the record. Chair King: Alright, so -- Ms. Mendez: Apparently, it does. My understanding is it does amend the legislation because there was something -- can you just mention what changes here because apparently it's a change in the program. City of Miami Page 21 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Ms. Blondet: No, I think it was that there was a change at the last minute and it just missed the deadline. So, it was just the backup documentation. I don 't know exactly what the change was. Ms. Mendez: Okay. Chair King: Okay. Ms. Blondet: Not on the program. It was -- Chair King: So, for the PH (Public Hearing), PH.1, PH.2, PH.4, as amended. Mr. Hannon: No, I believe just PH.1 as amended. Chair King: Right, that's the one I'm talking about. Commissioner Reyes: As amended. Chair King: That's the one -- but I want to make sure it's on the record that PH.1, as amended, and the rest. Commissioner Reyes: That 's right. Chair King: I have a motion. Commissioner Covo: Move. Vice Chair Carollo: Move. Chair King: Second. Commissioner Reyes: Second. Chair King: All in favor? Vice Chair Carollo: Hold on, hold on. Commissioner Covo: Aye. Vice Chair Carollo: PH.3 was a part of it? Or not? I didn 't hear it. Chair King: No. Commissioner Covo: No, that was deferred, Commissioner. Vice Chair Carollo: That's deferred? Chair King: No, that's deferred. Vice Chair Carollo: Okay, that's fine. Okay. Chair King: Okay. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 22 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 PH.2 14609 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REALLOCATING EMERGENCY RENTAL ASSISTANCE PROGRAM ("ERAP 2") FUNDS IN THE TOTAL AMOUNT OF $55,571.03 FROM LEGAL SERVICES OF GREATER MIAMI, INC. TO THE CITY OF MIAMI, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, ADMINISTRATIVE ACCOUNT, 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, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0460 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number Ph.2, please see Item Number PH.1. City of Miami Page 23 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 PH.3 RESOLUTION 14703 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION 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 SHAY BARAK CORP. ("LICENSEE"), FOR THE USE OF CITY OF MIAMI 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 NINE DOLLARS AND NINETY-FIVE CENTS ($1,909.95), 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 PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item PH.3 was deferred to the December 14, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.3, please see "Order of the Day." City of Miami Page 24 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 PH.4 RESOLUTION 14799 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 GRANT FUNDS FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED SEVENTY-THREE THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($373,750.00) TO SUNSHINE FOR ALL, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("SUNSHINE FOR ALL"), IN SUPPORT OF THE SENIOR MEALS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0461 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.4, please see Item Number PH.1. END OF PUBLIC HEARINGS City of Miami Page 25 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 RE - RESOLUTIONS RE.1 RESOLUTION 14669 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 1901 WEST FLAGLER STREET, MIAMI, FLORIDA, CASE NUMBER CE2014000776 AND PROPERTY ADDRESS 1917 WEST FLAGLER STREET, MIAMI, FLORIDA, CASE NUMBERS CE2016008454 AND CE2013014655, 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 LIEN; 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. ENACTMENT NUMBER: R-23-0468 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: And now we can take up RE.1, the mitigation. Vice Chair Carollo: Okay. Chair King: Is someone here for RE. 1? Vice Chair Carollo: RE.1. Rachel Dooley (Assistant City Attorney, Supervisor): Yes, they're coming in. Chair King: They're -- okay, they're coming. Director? Robert Santos-Alborna: Good morning, Madam Chair, Commissioners, Robert Santos-Alborno, Code Compliance Director. RE.1 is a mitigation of -- okay, it's a mitigation of two properties and three cases. The property addresses are 1901 West Flagler Street, 1917 West Flagler Street. The violations in question are for certificate of use, operating without a certificate of use and a business tax receipt, work performed without permits, and unpermitted signs. The violations ran for some time, approximately a little bit more than eight years, 3,056 days for two of them, and the other one, 280 days. So, CU-BTR (Certificate of Use -Business Tax Receipt) accrued a total of $764, 000. The construction work without permits also accrued for 3,056 days, a total of $764, 000 and the unpermitted signs accrued to $70, 000. Collectively, the fines accrued to $1.598 million. The respondent is offering $11,250. I'm going to yield to Legal Division Chief Rachel Dooley. She's going to talk about some of the challenges they had with legal probate issues and she's going to elaborate on that. City of Miami Page 26 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Chair King: Good morning. Ms. Dooley: Good morning. Rachel Dooley, on behalf of the Office of the City Attorney. Yes, the -- in this case, they did file a lawsuit to quiet title for this, and I know counsel will be able to explain it to you. And they are here for mitigation. As has been explained, the property was -- the original owner, who -- the gentleman to the left, that was his father, had run the property very well until he became incapacitated in 2013, which you can see is one of those first violations. He had a guardianship at that point, which then sadly turned into a probated estate that lasted for six to seven years. It was another six or seven years between the guardianship and the probate. Daniel Tamargo: Daniel Tamargo, on behalf of the property owners. And so the guardianship process was about three years, 2013 to 2016. 2017, he passed away and the probate was around two years. So, between the guardianship process and the probate, it was like around five years. Ms. Dooley: Right. And during that time, the guardian for the owner and who then became the executor also began to -- while taking care of her father was suffering from cancer, which eventually took her life. She was not dealing with the building issues. And so, the son, when he took over after that, after the estate was finished, was able to then move and start to bring everything into violation. But I think it 's a -- Chair King: Into compliance. Ms. Dooley: Yes, sorry, into compliance, which they did in 2022, and so they 're here. But you do see a very large number on two of those, and two of them are 2013 and 2014, and that is right at the beginning of when the owner became incapacitated and had a guardian who was -- did not take care of the properties, and the family members, obviously, the son had no legal ability to step in her shoes as she was appointed by the court. I don 't know what else they would like to add. Chair King: Go ahead. Mr. Tamargo: Yeah, so we just like to reiterate what Ms. Dooley has stated. I would like to state that the property owner, prior property owner, was 91 at the time this happened. So, 91 is when the first violation started; passed away at 95. As she stated, his older sister was the executor and the guardian. She actually, during that time, suffered from cancer, which eventually spread to her brain. So, that also caused why - - you know, delays in probate and why she wasn 't really taking care of the property. Finally, the properties were deeded to the inheritors through an LLC (Limited Liability Company), which they 're the owners now. And the minute they got the properties, they started doing the re -certification, they started doing -- fixing the roof and through that process, they realized these violations were there. They immediately complied with them and then now are looking to mitigate -- try to mitigate some of these. Chair King: Mr. Vice Chair, it 's your district. Vice Chair Carollo: Rachel (INAUDIBLE) -- Commissioner Reyes: Mr. Vice Chair? Vice Chair Carollo: Yes. How large of a property is this in square feet, in land, and in building square feet? Ms. Dooley: The square footage? City of Miami Page 27 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Vice Chair Carollo: Yeah. Ms. Dooley: That one I usually don 't write that one down. I can give you the valuations, but I don 't usually -- just give me one moment and I will tell you. Vice Chair Carollo: Just what I'm looking at in market value from the property appraiser, it's -- between both, it's over $3 million, which means that they're worth a lot more than $3 million. Actually, it's closer to almost $3.2 million in appraiser. Ms. Dooley: The 1917 West Flagler property is 8,650 square feet. Vice Chair Carollo: Of land or building? Ms. Dooley: The adjusted area is 1,200 square feet. So, the lot size is -- Vice Chair Carollo: Now, hold on, this is 17 or --? Ms. Dooley: 1917 West Flagler is -- the lot size is 8,650 square feet. Vice Chair Carollo: 8,000? Ms. Dooley: 650 square feet. Vice Chair Carollo: 650. Ms. Dooley: And the adjusted area that is occupied with a structure is 1,200 square feet. Vice Chair Carollo: Okay. How about the other one? Ms. Dooley: And 1901 is a lot size of 17,300 square feet. And these are all single stories, by the way, they're not multiple stories. And the adjusted area is 9,503 square feet. Vice Chair Carollo: 9,303? Ms. Dooley: 503. Vice Chair Carollo: 503. Ms. Dooley: Yes, sir. It does show a living area of 10,000, not the actual area, of 10,414 square feet. But I believe there's an overhang. Vice Chair Carollo: Okay. Ms. Dooley: They're retail outlets. Vice Chair Carollo: Yeah, that's what I was going to ask. Ms. Dooley: Yes. Vice Chair Carollo: On the first violation is for CUs and BTRs? Ms. Dooley: Yes, so in two -- Vice Chair Carollo: Were these some of the businesses that were there? City of Miami Page 28 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Ms. Dooley: Yes. So, what happened was once they had the 2013 work without a permit, which was a tenant issue, then they could not get a CU and a BTR, and so they were -- one of the tenants couldn 't get that when they came in, so that violation stayed open, obviously, because you can 't get a certificate of use or a BTR when you have another violation open. Vice Chair Carollo: Right. The work without a permit was from tenants or from them? Ms. Dooley: It was tenants. Yes, it was tenants. And in fact, when he took over, they did their recertification for their 40 years, and the entire building is in full compliance. Vice Chair Carollo: Okay. Ms. Dooley: So, they have their current recertification as well as no open building violations. And that was done in -- I think they finished that one in 2022 or 2021 -- Mr. Tamargo: 2022. Ms. Dooley: -- with the recertification. And they did that timely. Vice Chair Carollo: Okay. Ms. Dooley: The -- and then in 2016 case, that was the $70, 000 lien case. That was a tenant sign, which then was removed in 2017. Vice Chair Carollo: So, basically, what you're telling me that all these violations were from tenants. Ms. Dooley: Yes. Vice Chair Carollo: It's not that the owner didn't pull a CU or BTR. It's not that he himself were doing work to different parts of the building -- Ms. Dooley: Correct. Vice Chair Carollo: -- without permits. It was tenants in their lease properties that got caught. Therefore, the whole property gets cited. Ms. Dooley: Yes. Vice Chair Carollo: And then the unpermitted sign was another tenant. Ms. Dooley: Yes. Vice Chair Carollo: I got characters in my district that they're real wise guys. They keep putting up signs with alcohol hidden here, there, but still visible. Other not allowed stuff and they keep laughing at us, not like these people that end up up here. They'll run it for months just before they have to come to code. That's when they take the sign down. And then we don't do anything. Hopefully, we can come up with something right away. If we can 't get people in Code immediately to do that, that are constant violators, because you know, they're laughing in our faces. Mr. Santos-Alborna: So, Commissioner, in those instances that we're playing cat and mouse games with the signage and whatnot, if the violation remains after the compliance due date on the NOV (Notice of Violation), I'll bring them to adjudication. And so the next time around, they're addressed as repeat offenders. City of Miami Page 29 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Vice Chair Carollo: Yeah, but Robert, if they got a painted sign that you know they're being paid for by somebody, because otherwise they would not be advertising alcohol, beer, or -- Mr. Santos-Alborna: Right. Vice Chair Carollo: -- anything else that they're not supposed to advertise, how much of a time do we give them to paint them over and take it down? Mr. Santos-Alborna: So, we go by Code and I provide them 30 days. Vice Chair Carollo: 30 days. Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: Okay. Mr. Santos-Alborna: And if they go beyond the 31st date, I will bring them to adjudication because -- Vice Chair Carollo: Yeah, but how long are you going to take to bring them to adjudication? Is that going to be another two months before you put them down? Mr. Santos-Alborna: And -- Vice Chair Carollo: And that's the point that I'm making. You've got to bring them to the head of the line, whoever it is, to the head of the line, and immediately, you know, bring them to Code. Mr. Santos-Alborna: I understand and -- Vice Chair Carollo: Because otherwise -- Mr. Santos-Alborna: -- that's a challenge right now, Commissioner, because I have a bottleneck for the board. We finished here last night very late, and I have more than a thousand cases in queue to come to hearings and we go as fast as we can. Vice Chair Carollo: Yeah, but I think this Commission has been very vocal in stating that when you have habitual offenders -- Mr. Santos-Alborna: Yes. Vice Chair Carollo: -- those take priority over many of our poor residents that don't know the language, are elderly, that don't understand the process, and it's the only time they've made a mistake. Mr. Santos-Alborna: Yep. Vice Chair Carollo: So -- Mr. Santos-Alborna: Agreed. Vice Chair Carollo: -- this is the kind of stuff that needs to take priority. Otherwise, you know, I don't know if we -- I'm just tired of seeing many of our most needy residents, our poor residents, are the ones that get smacked, and the wise guys that keep playing the game. But, you know, Mr. Manager, I hope you're listening because City of Miami Page 30 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 I'm speaking through you, my feelings. We need to do something so that this game doesn't keep going on. You just heard the Code Enforcement Director. He gives them 30 days, he's going to act. Then when I ask the second question, well, you know, it might be two, three months, who knows. And that has to be changed immediately. If they're habitual offenders, I don't care how many of our poor residents you have in line, these people need to be put then, you know, in front of the line and be heard in the very next meeting so that the games stop. Would that require a resolution from this Commission, Madam City Attorney or --? Victoria Mendez (City Attorney): Maybe an ordinance change, but we can double- check in a moment and get back to you. Vice Chair Carollo: Okay, thank you. Chair King: Okay. Vice Chair Carollo: Look, I am one that I, you know -- we've been trying to at least come with 10 percent, at least. Depends on what it is. Mr. Santos-Alborna: Right. Vice Chair Carollo: We've hit some much higher. And while I truly would like to keep that same pattern, everything I'm hearing here is that it wasn 't the owner that died that caused these problems with the CU, BTRs, it was tenants. It wasn 't the owner that caused the problems of work without a permit, it was tenants. It wasn't the owner that died that caused the problems of unpermitted signs, it was tenants. And this is all going through probate -- Mr. Santos-Alborna: Right. Vice Chair Carollo: -- when it was happening, for years you 're telling me, the -- whoever the guy that was in charge of the property at the time, apparently this is not a priority for him. And, you know, it 's -- you know, if I was in the son 's shoes, I certainly would, you know, feel the same way he does today. Mr. Santos-Alborna: And those are huge mitigating circumstances with all the medical issues that they had to deal with -- Vice Chair Carollo: Yeah. Mr. Santos-Alborna: -- but our process is our process. We ultimately hold the property owner responsible. Vice Chair Carollo: Well, I understand that, and we have no choice but to do that. Mr. Santos-Alborna: Right. Vice Chair Carollo: What are you all recommending on this one? Mr. Santos-Alborna: So, I'm going to yield to legal, but I would recommend right now the offer is less than 1 percent. I would request at least 2 percent, so somewhere in the vicinity of -- let's see -- it's $11, 250, which is less than 1 percent. So, I would humbly request at least 2 percent. Vice Chair Carollo: Okay. What -- Rachel, do you have any other feelings on it? City of Miami Page 31 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Ms. Dooley: No, I -- you know, I think we leave it up to the body in this circumstance. It is an unusual circumstance before you. It 's not one that we have very often when you can -- Vice Chair Carollo: I -- yeah. Ms. Dooley: -- look at a genesis of what happened that but for, you know, obviously incapacitation, the issues most likely as it would appear from the history of the building would have been taken care of. And so -- Vice Chair Carollo: I hear you. Ms. Dooley: But I do agree that, you know, the offer is basically $3, 750 for each case, which is -- which still is very, very low. I don 't know that that's appropriate. But also, it's $1.5 million is the total lien, which also, if you even looked at 10 percent, is a massive amount. I mean, not that the properties aren't worth a lot, but it is what it is. Vice Chair Carollo: Well, the properties, according to the property appraiser, they're appraised at about $3.2 million, which means they're probably, in today's market, worth at least $5 million. If I may ask, Counselor, what are they planning on doing with this property? Mr. Tamargo: My client may be able to speak on that. Raul Gonzalez: Sorry? Vice Chair Carollo: What are you planning on doing with this property now? (Comments made in Spanish). Mr. Gonzalez: Trying to keep it. That 's a family business. Vice Chair Carollo: As it is? (Comments made in Spanish). Mr. Gonzalez: As it is. Vice Chair Carollo: Okay. Mr. Gonzalez: That's what we have. That's what we inherited -- Vice Chair Carollo: And you're not looking to -- Mr. Gonzalez: -- from my dad. Vice Chair Carollo: -- you're not looking to have us have mercy on you and then go and sell it? Mr. Gonzalez: Well, unless I get more sick than I am right now, because nobody else will be doing that. I am the one that is taking care of the business. IfI get sick, we will have to get rid of the property. But right now, I keep in mind keeping the property. Vice Chair Carollo: Okay. Well, Commissioner Reyes, you're the one that's sick among us. How 's he look to you? Does he look like he's going to get sick (UNINTELLIGIBLE) ? Commissioner Reyes: Hey, listen, don 't get sick, okay. Vice Chair Carollo: Does he look like he's going to get sick on us anytime soon? City of Miami Page 32 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Mr. Gonzalez: Believe it or not, I am a cancer survivor. I'm still working. My sister passed away. We both had kidney cancer. She passed away because the cancer spread to the brain, but I'm still here, working. Commissioner Reyes: Okay, good for you. Mr. Gonzalez: I'm keeping the property. Commissioner Reyes: Good for you. Vice Chair Carollo: Madam City Attorney. Unidentified Speaker: Hang on. Vice Chair Carollo: Can I pass a resolution in the following way? I heard the Code Enforcement Director ask for 2 percent. I'm going to up it to 3 percent, where it's still going to be under $50,000. However, can we include something in it that if this property is sold within two years? Ms. Mendez: Within how long? Vice Chair Carollo: Within two years. Ms. Mendez: Okay. Vice Chair Carollo: That it will then go back to the 10 percent that has been our flat fee. Commissioner Reyes: Clear. Ms. Mendez: Okay. Vice Chair Carollo: Can we do it in that fashion? Ms. Mendez: Yes, we would just have to -- Vice Chair Carollo: Okay. Ms. Mendez: -- record this, because if not -- Ms. Dooley: Yeah, we do record it. Ms. Mendez: -- we would have to record this order -- Vice Chair Carollo: Yeah. Ms. Mendez: -- for any subsequent buy. Ms. Dooley: Yeah, we do. We record the orders. Because they release -- once they pay, it releases the liens, but we'11 record it. Vice Chair Carollo: Okay. Chair King: Do I have a motion? City of Miami Page 33 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Vice Chair Carollo: There's a motion -- well, let them speak if they'd like to before we vote. (Comments made in Spanish not translated). Mr. Gonzalez: (Comments made in Spanish not translated). Vice Chair Carollo: (Comments made in Spanish not translated). Ms. Mendez: Just for the record, what the Commissioner said is what he -- Vice Chair Carollo: Yeah, yeah. Ms. Mendez: -- had proposed earlier. He just explained it as our -- Vice Chair Carollo: I just -- I translated. Ms. Mendez: -- as our translator for the day that it would be 3 percent now. If it's sold within two years, then it would be 10 percent and we would record that. Vice Chair Carollo: Another 7 percent, yeah. Mr. Gonzalez: Do I have a choice? Vice Chair Carollo: Well, I don't know. The City Attorney, your attorney, could explain that to you. I don 't want to play attorney. Mr. Gonzalez: Let me explain my idea. I think that 's fair. I think that's fair. But for example, I will tell you something. We already finished September 2022, the certification, 40, 50 years of both properties. Now, 2023, because of the new ordinance of the City, I have to do again the process of certification. Vice Chair Carollo: Again? Mr. Gonzalez: Again, again. Vice Chair Carollo: Well -- Ms. Mendez: What is it that you have --? Ms. Dooley: That 's related to the state statute. It's not the City. It's the Florida Legislature updated their rules and regulations so they have -- they have moved the timeline from every ten years then it's going to become every five years. It 's -- just to explain it, it's the Florida Building Code and the State Legislature requires it. Mr. Gonzalez: That's a new ordinance. Ms. Dooley: Well it's a new state law. We have to enforce it, yeah, but you should be fine. It should be the engineer will go out there and check it off. You should be okay. Mr. Gonzalez: But I have to pay for everything again. Ms. Dooley: Yeah, yeah. Ms. Mendez: Thank you, Rachel. Mr. Gonzalez: I have to pay for everything again -- Vice Chair Carollo: Unfortunately -- City of Miami Page 34 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Mr. Gonzalez: -- in less than a year. Vice Chair Carollo: -- unfortunately, that 's life down here in the tropics. Mr. Gonzalez: I understand you. I understand the Commission. I understand everyone. Vice Chair Carollo: Look, I'm trying to be very fair and reasonable, understanding what happened with your father. Your hands were tied during all those years. I understand all that, but you know, we still had expenses from our side that -- Mr. Gonzalez: I know. Vice Chair Carollo: -- we have to cover. And like I said, you 're coming off much better than anything else that I can recall so far. And I'm only taking that position because of what's been explained to me, that this is not the fault of you or your siblings. Your father died. The probate guy took years. He didn't care about this. And all the violations were not made by your father or family. They were made by tenants there. And during that time that it was in probate, you couldn 't act if the probate officer wasn't doing anything. So, that 's why I'm taking it into consideration. But I also want to make sure that, you know, when you walk out of here and you save yourself a lot of money, that you don 't have a buyer around the corner that's going to buy from you and, you know, I'll feel a little silly then. Mr. Gonzalez: Okay. Vice Chair Carollo: So, two years that we're putting down, I think it's a fair amount of time. That if you don't sell it within that time, then that's fine, but if you sell it within two years, then we go with the 10 percent flat that we'd like to impose. Mr. Gonzalez: Okay. Chair King: Do I have a motion? Vice Chair Carollo: A motion. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Thank you. Ms. Mendez: As amended. Mr. Gonzalez: Thank you. Mr. Tamargo: Thank you, sir. Mr. Santos-Alborna: Thank you. Ms. Mendez: Commissioner Carollo, you had asked a question about bringing items quicker to Code Enforcement Board when -- for -- Vice Chair Carollo: For habitual offenders. Ms. Mendez: Okay. So -- City of Miami Page 35 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Commissioner Reyes: Habitual. Ms. Mendez: -- if -- we do have under 2-814(d) of our City Code that if a code inspector has reason to believe that a violation presents a serious threat to public health, safety, and welfare, or if the violation is irreparable and irreversible in nature, the code inspector shall make reasonable effort to notes the violator and immediately notes the board. So, we do have that provision. It's not directed, though, to repeat violators. It depends on the violation. So, we would have to do a code change to have it as specific -- Vice Chair Carollo: And can you bring that back? In the meantime, Mr. Manager, you're hearing more or less what the will of this body is. Chair King: I'd like to be a co-sponsor, sponsor of that, because we have repeat violators in District 5, and the process is so long, and it leaves the community with these buildings that are abandoned. No one's taking care of them. There's graffiti, there's break-ins, it's unsafe. So, I'd like to sponsor or co-sponsor. Vice Chair Carollo: Thank you. Thank you, Chair. Mr. Noriega: I mean, we saw one last night that was particularly troubling. Chair King: Right. Mr. Noriega: So, we -- I wholeheartedly concur. So, we'll work on some legislation with Law and get it back to Commission ASAP. Vice Chair Carollo: And what -- Chair King: Thank you. Vice Chair Carollo: -- what bothers me the most is -- Commissioner Reyes: Madam Chair. Vice Chair Carollo: Hold on, Commissioner. Commissioner Reyes: Sure, sure. Vice Chair Carollo: I'll give you the floor in a minute. I was speaking. Commissioner Reyes: Yeah. Vice Chair Carollo: What bothers me the most is that, you know, most of the people that are sent to Code Enforcement, they're good residents, hard-working people. You know, they're petrified when they get a notice from us, with all the stuff that's put in. They don 't know what to do. They don 't have enough time to be able to do it. No one 's there to help them and explain to them. And these are the people that are getting slammed, brought to Code right away. But then we've got habitual offenders. Not a huge amount, but enough of them throughout all of our districts that know how to play the game, and they play it. And then just before they're going to be sent to Code Enforcement is when, you know, they go ahead and do what they're supposed to have done a long time before so that it gets thrown out and they have no fines, nothing. And I'm tired of seeing that throughout our city, in my own district, of people that are laughing at us. And we have to change our ways of doing things. Otherwise, we're just encouraging individuals like that to keep doing it. City of Miami Page 36 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Mr. Santos-Alborna: Commissioner, very briefly, I hear you loud and clear. I am telling you that we treat commercial properties very differently than residential, and specifically homesteaded. Now, when we receive a complaint, we have a duty to follow up. And so -- Vice Chair Carollo: Sure. Mr. Santos-Alborna: -- I am telling you that repeat violators, life safety violations go to the front of the line, recurring violations, those that play games, right? But oftentimes on commercial properties, we treat very differently than residentials, particularly homesteaded, and especially in mitigation. Vice Chair Carollo: And you should. And you should. Mr. Santos-Alborna: And we will continue to do that. So, okay, thank you, sir. Chair King: Thank you. Vice Chair Carollo: Thank you. Commissioner Reyes: Madam Chair -- Chair King: While I have -- Commissioner Reyes: -- ifI may. Chair King: Commissioner Reyes. Commissioner Reyes: You see, the problem is citywide. It is not only in your district, but in any -- Vice Chair Carollo: Yeah. Commissioner Reyes: -- other district citywide. And we have, in the neighborhoods, we're having a huge problem with owners, most of them absentee owners, that they divide the houses into seven, eight, nine rooms and they rent it. And in some instances, they are even people moving people in that are terrorizing the rest of the residents. I spoke with Mr. Santos, and I am requesting that please, we have -- and not only Mr. Santos, with the City Attorney, the police, and everybody, that we have to be very, very aggressive with those people that they are using their homes, single-family homes, and dividing them like if they were motels, and they are decreasing the property value, and besides that, they are infringing on the quality of life of the residents that have been there forever. You see, we have to be very aggressive with them. I have cases that I have given to Mr. Santos, and then I have heard they have been notified that they have been cited, but the problem continues and continues and continues. Some of those homes, they are owned by LLCs, you see. We have to do something about that because we have to protect our residents. Mr. Santos-Alborna: So, Commissioner Reyes, yesterday -- Ms. Mendez: So, I'm sorry, Robert, just really quick. Commissioner Reyes, Commissioner Carollo, Chair King, since you wanted legislation, I have good news. I missed the Section C above, which already has this provision. If a violation is found to have been repeated by a violator pursuant to 162.045, or who admitted to violating the same provision within the past five years prior to the violation, the code inspector shall notes the violator and the violation must be immediately cured. The code City of Miami Page 37 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 inspector, upon noting the violator of the repeated violation, shall notes the Code Enforcement Board or special magistrate by requesting an immediate hearing. Vice Chair Carollo: Okay. Ms. Mendez: So, we have it. What we will do is use this as a directive to the Manager and the Director to expedite this section. Vice Chair Carollo: And we have already established in this Commission that a repeated violator is not necessarily in the same property. Mr. Santos-Alborna: Correct. Vice Chair Carollo: It's who owns different properties and different corporate names, LLCs, names, et cetera. Mr. Santos-Alborna: Within a five-year period. Vice Chair Carollo: A five-year period, correct. Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: Okay. Mr. Santos-Alborna: To Commissioner Reyes, just briefly, Madam Chair, so yesterday you did talk about all these excessive illegally divided, subdivided properties, LLCs, Airbnbs, et cetera. So, this year alone within the Flagami District, I ran a report, I'm going to forward it through the Manager to you via the manager. Ten properties were adjudicated within the Flagami District alone and we are increasing the patrols. Commissioner Covo: And you did -- Mr. Santos-Alborna: And one of the indicators you reflected is all these excessive vehicles that are parked in unimproved surfaces in the grass. So, we are proceeding aggressively with the recurring violations moving to the front and with repeat violators, absolutely unequivocally to the next available hearing. Commissioner Covo: And I've been getting help from Morningside as well, so thank you. Mr. Santos-Alborna: Yes, ma'am. Thank you. Commissioner Reyes: Thank you, Robert. Chair King: Thank you. I want to bring up one off topic for my colleagues. Do you guys use this? Every Commission meeting, Todd prints this and all of this stuff and I don 't use it. If he could just email it to us -- but if you guys find it helpful -- because I feel like it's wasteful. Commissioner Reyes: I agree, Madam Chair. I do agree. Chair King: I don 't -- Commissioner Covo: I'm okay because I use -- Chair King: Right. Do you use this? City of Miami Page 38 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Commissioner Covo: -- a remarkable. Vice Chair Carollo: Do I use what? Chair King: All of the papers that Todd prints for you. He prints us the calendar every single Commission meeting. I have the calendar. That 's a waste of paper. He prints this, which he gives us an email for. Vice Chair Carollo: Yeah. Chair King: But -- Vice Chair Carollo: For now, it's okay. But you got to remember -- Chair King: This -- Vice Chair Carollo: -- that I am an old dinosaur. Chair King: Right. Vice Chair Carollo: You know, I need -- Chair King: So, do you want --? Vice Chair Carollo: I need it in front of me. Chair King: But not this. You don 't need this. Vice Chair Carollo: You know, the young man, you know, in the TV here, he might not, but you know, I need it in front of me. Chair King: So -- Vice Chair Carollo: This stuff-- this stuff I don't. Chair King: Okay, this stuff you don 't need. Vice Chair Carollo: This stuff I don't, yeah, no. Chair King: This stuffyou don't. Okay, so, Todd, from the Commission, we don't need this printed every single Commission meeting because we don 't look at it. We don't use it, and it ends up getting discarded, and it 's a waste of paper. You email it to us as well, correct? Todd B. Hannon (City Clerk): Yes, ma'am. Chair King: I think the email is sufficient. Mr. Hannon: Just as long as I can still have my papers around me. Chair King: Which is fine. That's fine. Mr. Hannon: Thank you, Commissioners. Chair King: But you know, let's -- City of Miami Page 39 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Vice Chair Carollo: Yeah. Chair King: -- not be wasteful. Mr. Hannon: Understood. Vice Chair Carollo: Commissioner -- Commissioner, you're -- I don't know, you look pretiy good. I was worried about you, that you were sick, but you look pretty good. Less wrinkles. Commissioner Reyes: Well, I'm still -- Vice Chair Carollo: You're bright in the face. Commissioner Reyes: -- on the treatment. Vice Chair Carollo: I don 't know, I might have to get sick like that. Commissioner Reyes: Don't you think that I'm not there because I don 't want to be there. Chair King: Now, I know you do. Commissioner Reyes: I miss all of you guys. I wish I could be there. Vice Chair Carollo: Well, we miss you here. Chair King: We do. Vice Chair Carollo: We miss you here and -- Chair King: We certainly do. Vice Chair Carollo: -- we hope you get better soon. Chair King: Madam City Attorney. Commissioner Reyes: Thank you very much. Thank you very much. City of Miami Page 40 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 RE.2 RESOLUTION 12685 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY 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 REVOCABLE LICENSE AGREEMENT ("RLA") FOR THE OCCUPANCY OF OFFICE SPACE WITHIN THE MANUEL ARTIME THEATER LOCATED AT 900 SOUTHWEST 1 STREET, ROOM 200, MIAMI, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item RE.2 was deferred to the December 14, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.2, please see "Order of the Day." RE.3 RESOLUTION 14722 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR THE PRIVATE PROPERTY LOCATED AT 460 NORTHWEST 36 COURT, MIAMI, FLORIDA, PURSUANT TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "TEMPORARY EVENTS IN GENERAL," TO ALLOW FOR THE SALE OF CHRISTMAS TREES STARTING NOVEMBER 20, 2023 AND ENDING DECEMBER 31, 2023. ENACTMENT NUMBER: R-23-0462 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: And we are now on our resolutions. May I have a motion for RE.1, 3, 4, 5, and 6, as amended? Todd B. Hannon (City Clerk): Chair, RE.1 is a mitigation. It needs to be -- Chair King: Oh, I'm sorry. Vice Chair Carollo: That's right. Chair King: RE.1 is a mitigation. City ofMiami Page 41 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 Vice Chair Carollo: It's in D3 (District 3). Chair King: So, may I have RE.3, 4, 5, and RE.6, as amended? May I have a motion? Vice Chair Carollo: Move. Commissioner Covo: Second. Mr. Hannon: I think RE.3 -- Commissioner Reyes: I second. Mr. Hannon: -- through 6 are just as is. Chair King: No. Commissioner Reyes: Could you -- could you -- Chair King: It's just as is? Commissioner Reyes: -- wait a minute, please? I'm looking at RE.6 and I want to amend that. RE.6, for the Miami River Holiday Boat Parade that has $250,000 that will be -- I mean, since it 's not going to take place, that those funds be transferred to Winter Wonderland. Chair King: Do I have a motion to accept that amendment? Vice Chair Carollo: All I heard was Winter Wonderland. Chair King: He wants to -- Vice Chair Carollo: That sounds good. Chair King: -- take away from the boat -- from the -- say it again, Commissioner Reyes? Commissioner Covo: From the river. Commissioner Reyes: Yes, there is an item -- the first item in (INAUDIBLE). It is Miami River Holiday Boat Parade, $250,000. Since that is not going to take place, the boat parade is not going to take place, I would like to transfer that to Winter Wonderland, which is -- it will take place and it is -- to celebrate Christmas all over. Vice Chair Carollo: Well, I'd like that to be -- Chair King: What happened to the boat parade? Vice Chair Carollo: -- deferred to see what 's going to finally happen with that. Commissioner Covo: It 's Winter Wonderland, Madam Chair. It's happening in your district, right? Commissioner Reyes: Yes, it's -- Vice Chair Carollo: It's happening in several of our districts. City of Miami Page 42 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Arthur Noriega (City Manager): Yeah. Chair King: It's -- Vice Chair Carollo: It's happening in yours. Commissioner Reyes: Mostly in my district. Vice Chair Carollo: Yeah. Commissioner Reyes: But what I'm saying is -- Mr. Noriega: Can I --? Chair King: Wait, wait, wait, wait, wait, wait. We can 't -- Mr. Noriega: Can I provide an -- Chair King: What we need to -- Mr. Noriega: -- update on the vote parade so --? Chair King: We need to pass -- Commissioner Reyes: Sure. Chair King: -- we need to pass RE.6 as it is because it wasn't clear on the record when we passed it before that it was -- that we stated as amended. So, we need to pass this item as it is, and then we can come back and do something else to it if necessary. Commissioner Reyes: Madam Chair, if I may, Mr. Spring agreed with it. He said that it could be done. Larry Spring: Larry Spring, Chief Financial Officer, through the Chair. As long as we're not changing the total amount of the budget appropriation, we're okay. However, in some of my briefings I have stated it would be my preference if we just pass the item as it is because this is claming the appropriation that you guys did at the budget hearing, as it was. Vice Chair Carollo: That's really the way it should be, Larry. Mr. Spring: Yeah, right. And then -- Vice Chair Carollo: This is -- you can -- Mr. Spring: -- we can, you know, amend -- you know, amend it. Commissioner Covo: So, that means that we can change the line item. Mr. Spring: Later. Commissioner Covo: Later. Vice Chair Carollo: You can amend later if need be. Mr. Spring: Correct. City of Miami Page 43 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Vice Chair Carollo: But what I -- Mr. Spring: That would be my preference. Vice Chair Carollo: What I want to make sure that we all understand -- Mr. Spring: Right. Vice Chair Carollo: -- this is a -- Commissioner Reyes: Okay, I do understand the issue. Mr. Spring: We can bring an amendment back at the next meeting if you like. Vice Chair Carollo: Well, look, if we're going to have a grab bag, then I don't think we should. Mr. Spring: No, no, no, that's why I didn't want it that way. Vice Chair Carollo: Then, you know, there's many things that I could bring up, that others could bring up. Chair King: I have a few. Vice Chair Carollo: There's one partic -- yeah, of course. There 's one particular issue that, first of all, my -- what I think we should do with that, if it's not going to end up being used, then we should put it aside either for the following year, when it definitely should go through, or we use those fundings together with some others that were passed, requested of the administration, for mentors and tutors for urban city kids. We've been talking to the Manager on establishing a program. This is something that Chairman King has championed. Commissioner Covo has talked about since she got here, where we could -- Commissioner Reyes: Listen -- Vice Chair Carollo: -- have mentors and tutors spending X amount of hours a week with our urban city kids and making sure that every child, whether in elementary, whether in junior high, and then finally, we enter high school, that needs help that we can provide a mentor -tutor for them, and you know, that's the best way that I would look at that money to be spent. All of us put our requests down that were approved for our different projects just because maybe we think now that there might be some money left over, you know, we all would like to grab more money and spend it, but we also have to, you know, try to put a limit to things. It 's not, you know, an ending -- Commissioner Reyes: Okay, Madam Chair, if I may. Commissioner Carollo, I mean, I think that is a great idea and we can get all the festival funds and use it in that -- those programs that you are just naming, and I believe that they are very good programs. One thing that I want to know, I want you guys to know is that you cannot blame a person, I mean, a Commissioner for trying to increase the number. Vice Chair Carollo: No, I'm not -- Chair King: Not at all. Vice Chair Carollo: -- I'm not, Commissioner. I'm not. City of Miami Page 44 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Commissioner Reyes: No, no, but let 's do one thing. Hold on a second. Let's do one thing, you see. In order to avoid all this discussion and all of that, let 's pass it the way it is, and later on if we see fit that we should amend some of those funds could go to certain districts or to certain projects, then we'll do it. But those funds, if they're not going to be used, I think that it should be used, okay? Chair King: Okay. Commissioner Reyes: Now I am -- I mean, I -- forget about my -- what I proposed, my amendment, and let's vote on it, okay? Chair King: Okay. Vice Chair Carollo: Yeah. Chair King: So, do I have -- Vice Chair Carollo: Thank you. Chair King: -- a motion for RE.3, 4, 5, and 6? Commissioner Reyes: Move it. Vice Chair Carollo: So move. Commissioner Covo: I second. Chair King: So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Hannon: And again, just for clarification, as is for all items. Chair King: As is, yes. Commissioner Reyes: As is. Vice Chair Carollo: As is. City of Miami Page 45 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 RE.4 RESOLUTION 14737 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT A REQUEST TO THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR A PUBLIC PURPOSE CONVEYANCE OF FDOT-OWNED LAND, CONTAINING APPROXIMATELY TWO THOUSAND FOUR HUNDRED -THREE (2,403) SQUARE FEET, LOCATED AT 842 NORTHWEST 3RD AVENUE ("PARCEL") AND ADJACENT TO CITY OF MIAMI ("CITY") LAND LOCATED AT 310 NORTHWEST 9TH STREET, TO THE CITY FOR DEVELOPMENT AND MAINTENANCE OF A MONUMENT SIGN IN OVERTOWN; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT, PURSUANT TO A QUITCLAIM DEED ("DEED"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FROM FDOT TO THE CITY, FOR CONVEYANCE OF THE PARCEL, AT NO COST TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID PUBLIC PURPOSE CONVEYANCE. ENACTMENT NUMBER: R-23-0463 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 RE.4, please see Item Number RE.3. City of Miami Page 46 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 RE.5 14610 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT, AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE PAYMENTS PURSUANT TO THE SETTLEMENT AGREEMENT, WITHOUT ADMISSION OF LIABILITY, 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 RT&S INVESTMENT GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY, IN ITS OWN RIGHT AND ON BEHALF OF ALL PERSONS SIMILARLY SITUATED V. THE CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 14-32239 CA 27; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0.0. ENACTMENT NUMBER: R-23-0464 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 RE.5, please see Item Number RE.3. City of Miami Page 47 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 RE.6 RESOLUTION 14812 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING APPROPRIATIONS RELATING TO THE 2023-2024 FISCAL YEAR ADOPTED OPERATING BUDGET PURSUANT TO RESOLUTION NO. R-23-0448 ADOPTED ON SEPTEMBER 28, 2023, AS AMENDED, THE FIVE-YEAR FINANCIAL PLAN, THE STRATEGIC PLAN, AND THE MULTI- YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. R-23- 0376 ADOPTED ON SEPTEMBER 9, 2023, AS AMENDED (COLLECTIVELY, THE "BUDGET") TO INCLUDE ALL THE CHANGES IN EXHIBIT "A", AND AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, ALLOCATE, AND APPROPRIATE THE BUDGET, AND ANY PART THEREOF, REGARDING CITY OF MIAMI SERVICES AND RESOURCES AS NECESSARY AND LEGALLY ALLOWED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED OFFICIALS AND DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS AND FOR NECESSARY RELATED DOCUMENT NEGOTIATIONS AND EXECUTIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR APPLICABLE EFFECTIVE DATES. ENACTMENT NUMBER: R-23-0465 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 RE.6, please see Item Number RE.3. END OF RESOLUTIONS City ofMiami Page 48 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 13919 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 62/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND Planning ZONING/COMPREHENSIVE PLANNING," TO CREATE A NO NET LOSS POLICY; FURTHER AMENDING CHAPTER 62 OF THE CITY CODE, TITLED "PLANNING AND ZONING," CREATING A NEW ARTICLE XIX, TITLED "PROCEDURES FOR NO NET LOSS POLICY FOR PARK LAND," TO ESTABLISH LAND DEVELOPMENT REGULATIONS THAT IMPLEMENT POLICY PR- 2.1.1 OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; CREATING STANDARDS FOR THE REPLACEMENT AND CONVERSION OF PARK LAND TO OTHER USES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14213 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: Would you please read the titles into the record for our first reading items? Victoria Mendez (City Attorney): May I do the second reading first? Or -- Chair King: Oh, my gosh. Yes, okay. You know, I was -- Commissioner Reyes: Yeah, second reading. Chair King: -- I was out late last night doing the City's work. Ms. Mendez: It was past your bedtime. Chair King: It was very much past my bedtime. Second reading, please. Ms. Mendez: Okay, so SR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: I know that Todd is going to read an amendment for this. And just as a point of personal privilege, if Barnaby Min is watching, he's just making fun of me right now for messing with my Roman numerals because he always said that I'm bad at the Roman numerals. Vice Chair Carollo: Can I ask a question? You know, I didn't take my smart pill today. I know the answer to it, I think, but I want to make sure that I'm not missing City of Miami Page 49 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 anything. When we talk about the no net loss on parkland and so on, that doesn 't include when Commissioner Covo or King or Reyes or I want to put playgrounds in parks, or outdoor exercise equipment in parks, or soccer fields in parks for our kids, or pickleball courts or anything like that, correct? That 's not what you want, Commissioner Reyes, right? Commissioner Reyes: Yes, sir, yes, sir. Vice Chair Carollo: That's not part of that. Commissioner Reyes: They are in parks. They are in the parks. Vice Chair Carollo: Yeah. Commissioner Reyes: And if they are within the park, we are not losing any park area. Vice Chair Carollo: Okay. Commissioner Reyes: What is a shame that this was -- it wasn't enforced when we gave up the re -- what I want is to be very strict that if any parkland is going to be used for any other purpose but parks, that no net loss and the City of Miami should get some -- I mean, the same amount of land that it's losing from the persons that are utilizing our parks -- Vice Chair Carollo: So, we're both -- Commissioner Reyes: -- for development. Vice Chair Carollo: -- we 're both in the same page and this ordinance is okay for what we want and stated here, correct? Commissioner Reyes: Yes. Lakisha Hull (Director, Planning): Commissioner Carollo, that's correct. Lakisha Hull, for the record. Vice Chair Carollo: Thank you. Ms. Hull: This legislation helps us to better enforce our policy on no net loss. So whenever there's a rezoning, we're going to use this legislation to be able to support the rezoning of that to a CS parkland space, sir. Vice Chair Carollo: Sure, okay. Commissioner Covo: And Commissioner, it doesn't include the rooftops, right? Ms. Hull: That's correct. Commissioner Reyes: No rooftops. Ms. Hull: No rooftop will be considered part of this legislation, so that would not be eligible. Commissioner Reyes: That's right. Ms. Hull: That's correct. City of Miami Page 50 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Vice Chair Carollo: Roof is roof. Commissioner Reyes: You're absolutely right, Commissioner. Chair King: Did you finish reading all the titles? Okay, continue with our titles, please. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR (Second Reading) -- Chair King: That's it. Ms. Mendez: That 's it. Chair King: Do I have a motion? Commissioner Reyes: Move it. Commissioner Covo: Second. Vice Chair Carollo: There's a motion. Ms. Mendez: And the amendment by -- that Todd was going to read? Todd B. Hannon (City Clerk): Yes, there's a minor amendment to SR.1, Section 62- 703, inventory of converted parkland. The first part of the sentence simply needs to reflect City Manager or designee, and the last part of the sentence needs to reflect Department of Planning and Department of Park,s and Recreation. Vice Chair Carollo: Okay. Commissioner Reyes: Move as amended. Vice Chair Carollo: I've got a question on SR.2. Will this new ordinance passed here now in second reading, will -- says it'll carve out co -working and virtual office spaces. What is co -working? Ms. Mendez: Mr. Goldberg. Vice Chair Carollo: How we're translating it. Ms. Mendez: One moment. Chair King: What's a co -working space? Vice Chair Carollo: Yeah. Chair King: I thought we already had co -working spaces. City of Miami Page 51 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Daniel Goldberg: We do. Good morning, Daniel Goldberg, Zoning Administrator. Co -working office spaces are like your WeWork, where you rent a chair or a desk, versus a real bona fide office space. Vice Chair Carollo: In other words, it's still office space. Mr. Goldberg: Yes, sir. Chair King: Yes. Vice Chair Carollo: And now, this is not commercial space if you're selling art and you've got different people selling jewelry, art, coffee, candy. It doesn 't include this? Mr. Goldberg: No, that would be a general commercial use. This is only for those office spaces that are those co -working type spaces -- Vice Chair Carollo: Okay. Mr. Goldberg: -- like Regis or WeWork or things like that. Vice Chair Carollo: Okay, alright, that is what I'm trying to -- Ms. Mendez: And the virtual -- just because he also said virtual, is it like home or this is in the commercial section? Mr. Goldberg: It's another term for the same thing. That 's -- it's virtual -- Vice Chair Carollo: Okay. Mr. Goldberg: -- or co -working office space is the same thing. Commissioner Covo: Yes, it's within the WeWork or any other brand. Chair King: Yes. Vice Chair Carollo: Okay, now my other question is, presently then, if I would own a business that I've broken it up into 15 different little cubicles or areas where I brought in 15 other tenants, I have the general CU (Certificate of Use), BTR (Business Tax Receipt), but all these other businesses that I brought in to sell art, to sell coffee, to sell, you know, all kinds of handmade stuff that people make and call art, those people are not affected by this. They still have to get their CU and BTR, correct? Mr. Goldberg: This ordinance does not -- Vice Chair Carollo: Or BTR. Mr. Goldberg: -- affect that. That would be a general commercial type, including retail use. In that case, each of those individual tenants -- we'll call them tenants or operators -- would need to at least have their own BTR. I'm not sure if we give them individual CUs. I think the CU for the space usually suffices. Vice Chair Carollo: Yeah. Mr. Goldberg: However, in our code -- Vice Chair Carollo: But at least -- yeah, the BTRs would remain. City of Miami Page 52 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Mr. Goldberg: Right, for BTRs, yes, they would need their own BTRs. Vice Chair Carollo: At least they have to have their own BTR. Mr. Goldberg: Yes, sir. Vice Chair Carollo: Okay. Mr. Goldberg: Just for the record, there is still a requirement in the code and will remain after this ordinance if adopted. There 's still a requirement that if you have a bona fide sublease of an office space, the sub lessee must get their own CU. This only exempts the virtual or co -working spaces where you're simply in a rental agreement - Vice Chair Carollo: Okay, well -- Mr. Goldberg: -- for a chair or a desk. Vice Chair Carollo: -- can you --? Let me ask you another question. The girls that, you know, are -- I 'm frying to put it in a politically correct way. The young ladies that work in clubs and, you know, do little dances or hang around poles, do they have to get their individual BTRs or can they just get one general one? Mr. Goldberg: I would have to defer to the department that issues the BTR, which is Code Compliance. I believe they need their own, but I'm not sure. The Zoning -- the Office of Zoning does not issue BTRs. Vice Chair Carollo: Excuse me? Mr. Goldberg: The Office of Zoning does not issue BTRs. That's -- I'd have to defer to Code Compliance for that one. Vice Chair Carollo: Yeah, but before you told me that for the art and jewelry and coffee and candy, you needed a BTR. Mr. Goldberg: My understanding is that when you have an individual tenant at a kiosk in a shopping center or some sort of use like that, my understanding is that each individual must have to have their own BTR. I believe that's the case for the dancers that you're discussing but -- Vice Chair Carollo: Well -- Ms. Mendez: So, Commissioner, we'll -- Vice Chair Carollo: -- who makes the final decision? You -- Chair King: No. Vice Chair Carollo: -- Code, or you know, depending on who it is and how important they are? Mr. Goldberg: It's -- for BTRs -- Vice Chair Carollo: Or how well they dance? Mr. Goldberg: For BTRs, it is Code. City of Miami Page 53 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Vice Chair Carollo: For BTR, it 's Code. Mr. Goldberg: Yes, sir. Vice Chair Carollo: Okay. Ms. Mendez: In the -- Vice Chair Carollo: And what --? Ms. Mendez: Commissioner, in that particular question -- but we'll double check -- in the past it's been more like a company, like a dance company, a ballet company. One. Chair King: The dancers are employees. Vice Chair Carollo: Oh. Ms. Mendez: Right. Vice Chair Carollo: I'm not -- madam, I'm not talking about a dance company. Chair King: She knows that. She knows that. Thank you, Mr. Goldberg. Vice Chair Carollo: Okay. Chair King: Thank you. Vice Chair Carollo: I hope you heard my questions and you heard Mr. Goldberg's answer. Ms. Mendez: Yes, I did. Vice Chair Carollo: Thank you. Chair King: Okay, so I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: SR. 1, 2, 3 passes unanimously. Mr. Hannon: With SR.1 amended. Commissioner Reyes: Yes. Chair King: With amended, yes. What time is it? It's 11:58. I believe we have an Omni CRA (Community Redevelopment Agency) meeting. Commissioner Covo: Yeah, Madam Chair. So, if we are breaking for lunch, I would respectfully ask you that we take it now, please. Chair King: What is the will of the body? Do you want -- Commissioner Covo: Because I see members -- Chair King: -- to break now? It's 11:58. Do you want to break at 12:30 and take the CRA meeting at 12:30? City of Miami Page 54 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Vice Chair Carollo: No, I'd rather break now -- Chair King: Now and do the CRA meeting. Vice Chair Carollo: -- and take this and then come back for whatever else we have. Commissioner Covo: Me too. Chair King: Okay. So, at this time, we are going to recess the regular City of Miami Commission meeting for October 12, 2023. We are going to start our Omni CRA meeting. And then after the Omni CRA meeting, we will take a lunch break until what time, colleagues? Three? Vice Chair Carollo: Three, that's fine. Chair King: Three o'clock. Commissioner Reyes: You decide, whatever you want. Chair King: Three o 'clock. We'll resume at three o 'clock. SR.2 ORDINANCE Second Reading 14537 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-207 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT/ZONING CERTIFICATE OF USE REQUIRED; ANNUAL REINSPECTION OF BUILDINGS AND PREMISES; FEES FOR INSPECTIONS AND ISSUANCE OF CERTIFICATES," MORE PARTICULARLY BY REMOVING THE REQUIREMENT FOR DUPLICATIVE CERTIFICATES OF USE FOR COWORKING OR VIRTUAL OFFICE SPACES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14216 MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Manolo Reyes, Commissioner Sabina Covo, Commissioner King, Carollo, Covo, Reyes Note for the Record: Number SR.1. For minutes referencing Item Number SR.2, please see Item City of Miami Page 55 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 SR.3 ORDINANCE Second Reading 14380 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 3367 ADOPTED JANUARY 31, 1927, NAMING THE PUBLIC PARK LOCATED AT SOUTH MIAMI AVENUE AND FIFTEENTH ROAD AS "SIMPSON PARK" AND REPLACING IN LIEU THEREOF, WITH AN ORDINANCE NAMING THE PARCELS OF LAND CONSISTING OF APPROXIMATELY 363,141 SQUARE FEET LOCATED AT 85 AND 55 SOUTHWEST 17 ROAD, MIAMI, FLORIDA, FOLIO NOS. 01-4139-011-0010 AND 01-4139-059-0020 RESPECTIVELY, AND OTHER CONTIGUOUS PARCELS THAT MAY BE ADDED IN THE FUTURE AS "SIMPSON ROCKLAND HAMMOCK PRESERVE 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 38-35, TITLED "NAMING OF SIMPSON ROCKLAND HAMMOCK PRESERVE 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. ENACTMENT NUMBER: 14217 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 SR.3, please see Item Number SR.1. City of Miami Page 56 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 SR.4 ORDINANCE Second Reading 13645 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's CHAPTER 31/ARTICLE II/SECTION 31-51 OF THE CODE OF THE Office CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)/FOOD TRUCKS OPERATING ON PRIVATE LAND," TO PROVIDE FOR A PERMANENT FOOD TRUCK ORDINANCE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item SR.4 was continued to the November 16, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number SR.4, please see "Order of the Day." END OF SECOND READING ORDINANCES City of Miami Page 57 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 14809 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/CODE RELIEF PROGRAM," MORE PARTICULARLY BY AMENDING SECTION 10-75 OF THE CITY CODE TO CREATE A SHORT-TERM ENHANCED SIDE SETBACK ADMINISTRATIVE ADJUSTMENT PILOT PROGRAM FOR THE CITY OF MIAMI'S EXISTING CODE RELIEF PROGRAM; 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 additional minutes referencing Item Number FR.1, please see "Public Comments for all Item(s)." Chair King: We have a quorum. Todd, can you check on Commissioner Reyes, please? Madam City Attorney, I believe we are on the -- Victoria Mendez (City Attorney): The FRs (First Reading). Chair King: -- first reading items. Would you please read the titles into the record? Good afternoon, Commissioner Reyes. Commissioner Reyes: Good afternoon. How are you doing, my dear? Chair King: Good, good, good. We're about to start with our first reading ordinances. Madam City Attorney is going to read the titles into the record for us. Commissioner Reyes: Okay. Ms. Mendez: Thank you. Commissioner Reyes: You're the boss. Ms. Mendez: Thank you. Chair King: La jefa (Comments in Spanish not translated). Commissioner Reyes: La jefa (Comments in Spanish not translated). Go ahead. Commissioner Reyes: Okay. Ms. Mendez: For FR.1, I have to amend the title by adding one sentence, so I'll read the amended title. City of Miami Page 58 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: So, that's FR.1. FR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That's FR.2. Chair King: Do I have a motion? Commissioner Reyes: Move it. Commissioner Covo: Second. Chair King: I have a motion and a second for FR.1 and FR.2. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Todd B. Hannon (City Clerk): With FR.1, amended. Chair King: With FR.1, as amended. Commissioner Reyes: As amended. Chair King: Thank you. Commissioner Reyes: Okay. FR.2 ORDINANCE First Reading 14814 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TITLED "BUILDINGS/UNSAFE STRUCTURES," MORE PARTICULARLY BY PROVIDING FOR REGULATIONS FOR FENCING VACANT LOTS BY ADDING SECTION 10-104 TO THE CITY CODE, TITLED "VACANT LOT FENCING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE MOTION TO: RESULT: MOVER: SECONDER: AYES: Pass on First Reading PASSED ON FIRST READING Manolo Reyes, Commissioner Sabina Covo, Commissioner King, Carollo, Covo, Reyes Note for the Record: Number FR.1. For minutes referencing Item Number FR.2, please see Item END OF FIRST READING ORDINANCES City of Miami Page 59 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.1 8938 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 60 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.2 14795 Office of the City Clerk BC.3 14754 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ART IN PUBLIC PLACES BOARD FOR TERMS AS DESIGNATED HEREIN. RESULT: APPOINTEES: (Alternate At -Large) (Alternate At -Large) NO ACTION TAKEN NOMINATED BY: Commissioner Joe Carollo Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 61 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.4 6672 Office of the City Clerk BC.5 14454 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Manolo Reyes RESULT: NO ACTION TAKEN City of Miami Page 62 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.6 13122 Office of the City Clerk BC.7 14455 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 63 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.8 6958 Office of the City Clerk BC.9 14456 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Nilda Irene Cue Commission -At -Large (Alternate Member) ENACTMENT NUMBER: R-23-0466 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: Mr. City Clerk, do you have any appointments to boards and/or our committees? Todd B. Hannon (City Clerk): Yes, thank you, Chair. BC.9, Code Enforcement Board. Commissioner Carollo is requesting to appoint Nilda Irene Cue to the vacant alternate at -large seat. Commissioner Reyes: Move it. City of Miami Page 64 Printed or1 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.10 14041 Office of the City Clerk Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 65 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.11 14760 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 66 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.12 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Sabina Covo Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 AFSCME 871 RESULT: NO ACTION TAKEN City of Miami Page 67 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.13 14457 Office of the City Clerk BC.14 7963 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 68 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.15 14458 Office of the City Clerk BC.16 14459 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Commissioner Joe Carollo (Historian or Architectural Historian - Category 3) Commissioner Joe Carollo (Business and Finance or Law — Category 6) (Architect — Category 1) (Landscape Architect — Category 2) RESULT: NO ACTION TAKEN Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commission -At -Large City of Miami Page 69 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.17 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 70 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.18 8805 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King RESULT: NO ACTION TAKEN City of Miami Page 71 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.19 9270 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 72 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.20 14426 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: James S. Cassel Off -Street Parking Board (At -Large Appointment) ENACTMENT NUMBER: R-23-0467 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Todd B. Hannon (City Clerk): BC. 20, Off -Street Parking Board. The Off -Street Parking Board is seeking confirmation of James Cassel. For the record, I will be submitting into the record a signed memo, resolution, and resume provided by the Board. Vice Chair Carollo: Move. Chair King: Second. Commissioner Reyes: Move it. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: That concludes the Boards and Committees. Thank you, Chair. Chair King: Thank you. City of Miami Page 73 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.21 14043 Office of the City Clerk BC.22 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 74 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 BC.23 11273 Office of the City Clerk BC.24 13716 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Sabina Covo Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Sabina Covo RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES City of Miami Page 75 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 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: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: We are now going to begin our Planning and Zoning items. Madam City Attorney, would you please read the titles into the record for PZ.1, 2, 3, 4, and 5. Commissioner Covo: Madam Chair, question. If I needed to put something in the record, should we do it now? Chair King: After she reads the titles and once we get to -- Commissioner Covo: It 's for -- okay. Chair King: Which one? Commissioner Covo: For PZ.3? Chair King: Yes. Once we get -- she reads them into the record and then we'll go and make any adjustments if necessary. Commissioner Covo: Thank you. Victoria Mendez (City Attorney): PZ.1 also has an amendment to the title. I'll read the amended title. I'm sorry, not PZ.1, that's PZ.3. So, PZ.1 is the regular title. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.3 has the amended title. City of Miami Page 76 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That's the amended title in PZ.3. PZ.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Madam Chair, I know that we have to amend PZ. 3, and we also need to amend PZ -- there was one more, I'm sorry. Okay, and PZ.2 is also going to be amended. So, for now, PZ.2 and PZ.3 will be as amended. Chair King: Do I have a motion to approve PZ.1 through 5, PZ.2 and 3 as amended? Todd B. Hannon (City Clerk): And if we could also add in PZ.5 as amended, taking out with attachments from the title. Vice Chair Carollo: Move. Commissioner Reyes: Move it. Commissioner Covo: So, we're not going to -- I wanted Lakisha on PZ.3 to put on the record that we were taking out some areas that are taken out already in the amendment. Lakisha Hull (Director, Planning): That 's correct. Lakisha Hull, for the record. So, in regards to PZ.3, which is the update to our comprehensive plan, administration has submitted a substitution requesting the removal of reference of northeast residential density increase area, which basically means that it 's an area that we're trying to increase the density to 350 dwelling units an acre. So, we're removing that as part of the transmittal because we need more time to work with the community, work with the developers and the residents to get the right density in that area. We also are removing reference to the expansion of the Miami River RDL4 (Residential Density Increase Area) to also do more outreach, but we want to transmit the rest of the document to the state as the will of the body. Chair King: All in favor, with PZ.2 as amended, PZ.3 as amended with the covenant, and PZ.5 as amended. Ms. Mendez: Madam Chair, and I believe there 's also PZ.4 has an amendment that it needs to be modified to change the memo to Exhibit A? Mr. Hannon: That'll be taken care of internally. No need for an amendment. Ms. Mendez: Perfect. And then PZ.2, did we say what we were amending in PZ.2? Ms. Hull: The applicant wants the body to take into consideration their request. Mr. Uribe, in regards to PZ.2, so right now, administration is recommending denial. However, the applicant is proffering another request on the item. Vice Chair Carollo: I'm not sure what item (INAUDIBLE). Ms. Hull: Sir, it's PZ.2. It's the rezoning, sir. City of Miami Page 77 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Alex Uribe: Correct. Good afternoon again. Alex Uribe, office at 2800 Ponce de Leon Boulevard on behalf of O'Malley Holdings, LLC (Limited Liability Company). We are requesting the approval just of the T3-O to T4-L change. We are okay with the denial of the T5-O to T6-8-O. And as stated, we've proffered a covenant about the use of the T -- of the prospective T4-L property. So, we would appreciate the approval of PZ.1, which is the land use change just for that T4 -- T3 to T4 property and then the T3-O to T4-L. Happy to answer any questions. Chair King: Seeing none. Okay, so I have a motion to approve PZ.1 through 5, PZ.2 as amended, PZ.3 as amended, PZ.5 as amended. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Uribe: Thank you. PZ.2 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: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING 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 PZ.2, please see Item Number PZ.1 and "Public Comments for all Item(s)." City of Miami Page 78 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 PZ.3 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," BYAMENDING THE FUTURE LAND USE MAP ("FLUM") INTERPRETATION OF THE MCNP WITHIN THE FUTURE LAND USE ELEMENTAND 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: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING 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 PZ.3, please see Item Number PZ.1 and "Public Comments for allltem(s)." City of Miami Page 79 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 PZ.4 ORDINANCE Second Reading 13965 Commissioners and Mayor - PZ PZ.5 13872 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES UNDER SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING THE "INTERPRETATION OF THE 2020 FUTURE LAND USE MAP" FOR "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO CLARIFY RESIDENTIAL USES WITHIN THIS FUTURE LAND USE DESIGNATION; MAKING FINDINGS; CONTAINING SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14218 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 PZ.4, please see Item Number PZ.1. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY AMENDING ARTICLE 4, DIAGRAM 11, TITLED "TRANSIT ORIENTED DEVELOPMENT - TOD," TO PROVIDE AND ALLOW FOR THE TRANSFER OF RESIDENTIAL DENSITY FROM HISTORICALLY DESIGNATED SITES TO CERTAIN PROPERTIES WITHIN TRANSIT ORIENTED DEVELOPMENT ZONES THAT ARE ZONED "CI -HD," - CIVIC INSTITUTION HEALTH DISTRICT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14219 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 PZ.S, please see Item Number PZ.1. City of Miami Page 80 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 PZ.6 14436 Department of Planning RESOLUTION A RESOLUTION OF MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY CHATEAU PETIT DOUY, LLC ("APPLICANT"), OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD THEREBY REVERSING OR AFFIRMING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. PZ-21-10881 ISSUED PURSUANT TO ARTICLE 6, SECTION 6.3.2 AND ARTICLE 7, AND SECTIONS 7.1.1.2 AND 7.1.2.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW FOR THE OPERATION AND CONSTRUCTION OF AN OUTDOOR DINING USE ON A PARCEL ZONED "T5-R," URBAN CENTER TRANSECT ZONE - RESTRICTED, LOCATED AT 1500 BRICKELL AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0469 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Covo, Reyes Chair King: PZ. 6 is a decision appeal. I believe we have to have some -- Victoria Mendez (City Attorney): So, Madam Chair, I believe both parties are here, the applicant and neighborhood association attorney, and they've reached an agreement which needs to be read into the record so that we can properly capture it. Chair King: Good times, best scenario. Kevin Cruz: Good afternoon. Kevin Cruz, here on behalf of the appellant, Petit Chateau. Chair King: Hey, Kevin. I haven 't seen you in a while. Mr. Cruz: How are you, Madam Chair? We -- offices at 600 Brickell Avenue, Miami, Florida, 33131. Ms. Mendez: And can we have Mr. Gibbs at a microphone as well, together, microphone so that he can also speak. Tucker Gibbs: My name is Tucker Gibbs, law office at 3835 Utopia Court in Coconut Grove, representing the Lofts at Brickell 1 Condominium Association. Mr. Cruz: We came to a settlement agreement as to the outdoor dining warrant at this property. We're putting in several conditions as to the second floor terrace specifically. The first floor dining area will remain exactly the same as it was in the initial warrant. These are more restrictive conditions and this is a settlement we came to. We have a fully executed agreement. Yes, and the Planning Director would read the conditions into the record as to the second floor terrace. City of Miami Page 81 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Lakisha Hull (Director, Planning): So, the administration received the conditions today. It's seven conditions. It was distributed as one sheet. So, in the staff analysis, we have conditions set for the first floor and then the second floor. These conditions will supersede any conditions that are related to the second floor terrace. The more restrictive conditions apply. So, condition number one, the total patron seating capacity for the second floor terrace shall be limited to 20 seats. Number two, hours of operation for the second floor terrace on Mondays through Thursdays shall be from 4 p.m. to 10:30 p.m., and on Monday through Thursdays, no patrons shall be seated within the second floor terrace after 9 p.m. with food and beverage service completed and turned no later than 10:30 p.m. The third new condition, hours of operation for the second floor terrace on Fridays and Saturdays shall be from 4 p.m. to 11 p.m., and on Fridays and Saturdays, no patrons shall be seated within the second floor terrace after 10 p.m. with food and beverage service completed, turned in no later than 11 p.m. The fourth new condition, there shall be no outdoor dining or beverage served on Sundays on the second floor terrace. Fifth condition, there shall be no speakers, outdoor speakers, amplified music, live music or smoking on the second floor terrace. Sixth condition, there shall be no bar on the second floor terrace. And the last new condition is there shall be no private events, including but not limited to weddings and birthday parties on the second floor of terrace, provided that the standard dining reservation for 20 or less persons seated on the second floor terrace shall not be construed to be prohibited private event as contemplated here under. So, these are for the record and will be added to page 19 of the staff analysis. Ms. Mendez: If we may -- is Commissioner Carollo over there in the corner? So, he's there in the corner. Chair King: Yes. Ms. Mendez: Tell him to come closer. Thank you. Chair King: I have -- okay, we have a motion and a second. Do we have a motion and a second? No, may I have a motion to pass RE. 6? Vice Chair Carollo: Motion. Chair King: Second? Vice Chair Carollo: You guys are in agreement, right? Chair King: They're in agreement. Mr. Cruz: Yeah, yeah. Vice Chair Carollo: (INAUDIBLE). Mr. Cruz: Yeah, we 're going to break bread at the restaurant. Chair King: It's the best, best scenario. All in favor? Todd B. Hannon (City Clerk): Chair, Chair (UNINTELLIGIBLE). Commissioner Covo: They both look happy. Mr. Hannon: This is granting or denying? Vice Chair Carollo: It's granting. City of Miami Page 82 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Ms. Hull: Granting the appeal. Chair King: It's granting the appeal. Ms. Mendez: With conditions. Chair King: With conditions. Commissioner Reyes: With conditions. Mr. Cruz: Conditions to the terrace, second floor terrace. Chair King: Right. Vice Chair Carollo: Okay. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Thank you, gentlemen. Mr. Cruz: Thank you. Mr. Gibbs: Thank you. City of Miami Page 83 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 PZ.7 ORDINANCE First Reading 14192 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 1, TITLED "`DEFINITIONS," TO ADD NEW DEFINITIONS, ARTICLE 3, TITLED "GENERAL TO ZONES," AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO CLARIFY AND AMEND THE WAIVER PROCESSES RELATING TO SETBACKS FOR IRREGULAR LOTS, DOMINANT SETBACKS, SHARED ACCESS FOR ADJOINING LOTS, PRESERVATION OF NATURAL FEATURES, EXTENSIONS ABOVE MAXIMUM HEIGHTS, ENCROACHMENT OF MECHANICAL EQUIPMENT, ADJUSTMENTS TO BUILDING SPACING AND TO SETBACKS ABOVE THE EIGHTH FLOOR, ADJUSTMENTS TO BUILDING DISPOSITION IN CIVIC INSTITUTIONAL ("CI") TRANSECT ZONES, AND INDUSTRIAL USES REQUIRING ADDITIONAL HEIGHT, AND AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO UPDATE THE WAIVERS SUMMARY LIST; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item PZ.7 was deferred to the December 14, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.7, please see "Order of the Day" and "Public Comments for all Item(s)." City of Miami Page 84 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 PZ.8 ORDINANCE First Reading 14195 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, SECTION 5.3.1, TITLED "BUILDING DISPOSITION (T3)," AND AMENDING ARTICLE 7, SECTION 7.2.3, TITLED "ALTERATIONS AND EXPANSION OF NONCONFORMITIES," TO CLARIFY AND AMEND THE WAIVER PROCESS RELATING TO ALTERATIONS TO NONCONFORMING SINGLE-FAMILY RESIDENCES OR TWO-FAMILY HOUSING STRUCTURES; FURTHER AMENDING ARTICLE 7, SECTION 7.1.2.5 OF THE MIAMI 21 CODE, TITLED "WAIVER," TO UPDATE THE WAIVER SUMMARY LIST; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR VESTING; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For additional minutes referencing Item Number PZ.8, please see "Public Comments for all Item(s)." Chair King: Madam City Attorney, would you please read into the record --? I'm going to break it up for you so you don't have to do so much at one time. PZ.6, you don't need to read the title. PZ.8, 9, and 11. Victoria Mendez (City Attorney): PZ 8, 9 -- Chair King: And 11. Ms. Mendez: -- and 11. Thank you, Madam Chair. PZ.8. The Ordinance was read by title into the public record by the City Attorney. M. Mendez: PZ.9. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ 11. The Ordinance was read by title into the public record by the City Attorney. Chair King: May I have a motion for PZ.8, 9, and 11? Vice Chair Carollo: Move. Commissioner Covo: Second. Commissioner Reyes: Move it. Chair King: All in favor? City of Miami Page 85 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PZ.9 ORDINANCE First Reading 14196 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 1, TITLED "`DEFINITIONS," TO ADD NEW DEFINITIONS, AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," TO CLARIFY AND AMEND THE WAIVER PROCESSES RELATING TO ELDERLY HOUSING OR FOR ADAPTIVE USES IN COMMUNITY REDEVELOPMENT AREAS ("CRA"), AMENDING ARTICLE 4, TITLED "STANDARDS AND TABLES," TO CLARIFY AND AMEND THE WAIVER PROCESSES RELATING TO SUBSTITUTION OF LOADING BERTHS AND OFF - SITE PARKING PLACEMENT, AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO CLARIFY AND AMEND THE WAIVER PROCESSES RELATING TO SERVICE AND PARKING ACCESS FROM A PRINCIPAL FRONTAGE AND PEDESTRIAN AND VEHICULAR ENTRY SPACING, AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS," TO CLARIFY AND AMEND THE WAIVER PROCESSES RELATING TO RESERVOIR PARKING SPACES, AND AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO CLARIFY AND AMEND THE WAIVER PROCESSES RELATING TO NONCONFORMING PROPERTIES AND UPDATE THE WAIVERS SUMMARY LIST; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR VESTING; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, 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.8 and "Public Comments for all Item(s)." City of Miami Page 86 Printed or1 11/06/2023 City Commission Meeting Minutes October 12, 2023 PZ.10 ORDINANCE First Reading 14197 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"1) SPECIFICALLY BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO UPDATE THE WAIVERS SUMMARY LIST AND AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICT" ("NCD"), TO MODIFY THE REQUIREMENTS FOR PROPOSED DEMOLITIONS WITHIN THE NCD; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item PZ.10 was deferred to the December 14, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.10, please see "Order of the Day" and "Public Comments for all Item(s)." PZ.11 ORDINANCE First Reading 14202 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," SPECIFICALLY SECTION 5.5.1, TITLED "BUILDING DISPOSITION," ILLUSTRATION 5.5, SECTION 5.6.1, TITLED "BUILDING DISPOSITION," AND ILLUSTRATION 5.6 TO INTRODUCE A FLEXIBLE LOT COVERAGE PROGRAM, AND BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," SPECIFICALLY SECTION 7.1.2.5, TITLED "WAIVER," TO CLARIFY THE APPLICATION OF WAIVERS AND AMEND THE 'TEN (10) PERCENT' WAIVER; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR VESTING; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, 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.8 and "Public Comments for all Item(s)." City of Miami Page 87 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 PZ.12 ORDINANCE First Reading 14631 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, MORE SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.5, TITLED "GENERAL TO ZONES/MEASUREMENT OF HEIGHT" AND ARTICLE 5, SECTION 5.3, TITLED "SPECIFIC TO ZONES/SUB-URBAN TRANSECT ZONES (T3)," TO INCORPORATE ADDITIONAL HEIGHT ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN AND CLARIFY LANGUAGE FOR RAISING STRUCTURES WITHIN THE FLOODPLAIN; 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 additional minutes referencing Item Number PZ.12, please see "Order of the Day." Chair King: Madam City Attorney, would you please read into the record PZ.12, 13, 15, 16. Victoria Mendez (City Attorney): 12, 13 -- Chair King: 15 and 16. Ms. Mendez: Thank you, Madam Chair. PZ.12. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.13. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.15. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.15 and 16 are sponsored by Commissioner Reyes. They're parks in his district. PZ.16. The Ordinance was read by title into the public record by the City Attorney. Chair King: Thank you. Do I have a motion for PZ --? Todd B. Hannon (City Clerk): Chair, we're just waiting on Commissioner Carollo. Chair King: I can still get a motion. Commissioner Reyes: And you got a motion, I'll move it. Chair King: I have a motion. Do I have a second? City of Miami Page 88 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 PZ.13 14679 Commissioners and Mayor- PZ Commissioner Covo: Second. Chair King: But I have to wait for -- Ms. Mendez: We need -- Chair King: -- Commissioner Carollo. I know -- Ms. Mendez: Yeah. Chair King: -- I have to wait for Commissioner Carollo. I have a motion and a second for PZ.12, 13, 15, and 16. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. That brings us to future legislation, which is a notice to the community that we have future legislation 1 and 2. This now concludes the City of Miami Commission meeting for October 12, 2023. Thank you all for participating. Thank you for being here. I will see you again October 26, 2023. Thank you. Commissioner Reyes: Thank you, Madam Chair. Commissioner Covo: Thank you. Commissioner Reyes: Thank you, everybody. And I'm hoping to see you very soon. Chair King: Me too. Meeting adjourned. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21 CODE"), AS AMENDED, BY AMENDING ARTICLE 7, SECTION 7.1.3.5 "PROCEDURES AND NONCONFORMITIES / MODIFICATIONS TO APPLICATIONS REQUIRING PUBLIC HEARING," TO CLARIFY THE MINOR MODIFICATION ALLOWANCE OF A FOOTPRINT OF A BUILDING; 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.13, please see Item Number PZ.12. City of Miami Page 89 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 PZ.14 ORDINANCE First Reading 14680 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE PARTICULARLY BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," TO MODIFY THE BRICKELL FINANCIAL SETBACK AREA'S ESTABLISHED SETBACK STANDARDS AND ADDING A NEW DOWNTOWN EAST FLAGLER SETBACK AREA AND ESTABLISHING NEW SETBACK STANDARDS FOR EAST FLAGLER STREET BETWEEN WEST 1 AVENUE AND BISCAYNE BOULEVARD; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Note for the Record: Item PZ.14 was continued to the November 16, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.14, please see "Order of the Day." PZ.15 ORDINANCE First Reading 14670 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION" FOR THREE (3) PARCELS LOCATED APPROXIMATELY AT 713 SOUTHWEST 63 COURT, 725 SOUTHWEST 63 COURT, AND 735 SOUTHWEST 63 COURT, MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY 0.475± ACRES COMBINED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.15, please see Item Number PZ.12 and "Order of the Day." City of Miami Page 90 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 PZ.16 ORDINANCE First Reading 14671 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R," SUB -URBAN TRANSECT ZONE - RESTRICTED, TO "CS," CIVIC SPACE ZONE, OF THREE (3) PARCELS LOCATED APPROXIMATELY AT 713 SOUTHWEST 63 COURT, 725 SOUTHWEST 63 COURT, AND 735 SOUTHWEST 63 COURT, MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY 0.475± ACRES COMBINED; 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.16, please see Item Number PZ.12 and "Order of the Day." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 91 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 FL - FUTURE LEGISLATION FL.1 ORDINANCE 14640 Department of Resilience and Public Works FL.2 14682 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55/SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "SUBDIVISION REGULATIONS/ ENCROACHMENTS ONTO, INTO, BELOW, AND/OR ABOVE RIGHTS -OF -WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS, OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," TO INCLUDE FOR THE ALLOWANCE OF AN ENCROACHMENT INTO A PRIVATE EASEMENT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES", TO PERMIT CIVIC COMMUNITY FACILITY USES IN "T4-R", GENERAL URBAN ZONE -RESTRICTED TRANSECT ZONES; AMENDING ARTICLE 6, SECTION 6.1, TITLED "INTENT AND EXCLUSIONS," TO PROVIDE SUPPLEMENTARY REGULATIONS FOR COMMUNITY FACILITIES IN TABLE 13; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number FL.2, please see "Order of the Day." END OF FUTURE LEGISLATION City of Miami Page 92 Printed or/ 11/06/2023 City Commission Meeting Minutes October 12, 2023 NA.1 14879 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS UNANIMOUS AND UNEQUIVOCAL SUPPORT OF THE STATE OF ISRAEL IN ITS WAR AGAINST HAMAS AND ITS RIGHT TO PROTECT AND DEFEND ITS CITIZENS IN THE WAKE OF HAMAS' UNPRECEDENTED SURPRISE ATTACK ON OCTOBER 6, 2023, RESULTING IN THE KILLING AND ABDUCTION OF HUNDREDS OF INNOCENT CIVILIANS; DIRECTING THE CITY MANAGER TO PROVIDE A REPORT ON THE FEASIBILITY OF THE CITY OF MIAMI PURCHASING THE MAXIMUM AMOUNT OF PUBLIC BONDS FROM THE STATE OF ISRAEL ALLOWED UNDER CURRENT CITY OF MIAMI INVESTMENT PRINCIPLES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-23-0470 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Covo ABSENT: Reyes Vice Chair Carollo: Madam Chair -- Chair King: Yes. Vice Chair Carollo: -- if I may respectfully request as the first item of business before we move on into the agenda, ifI could have the City Attorney read a resolution that is sponsored by the Mayor, myself and I'm sure you and the rest of our Commission would want to support regarding the State of Israel. Chair King: Absolutely. Vice Chair Carollo: We recently have witnessed the most outrageous, inhumane, diabolic attack that is only comparable to what happened in the Holocaust, and maybe even beyond, where a bunch of devils -- they're not humans -- attacked sleeping women, children, elderly, murdering them in their sleep, beheading the heads of little children and babies, even raping young women, and after they raped them, they beheaded them. And then, like cowards, they took dozens and dozens of civilians, mainly, as hostages so that they could hide behind them and hope that the hand of God would not bring justice to them. The world cannot allow this to go unpunished. Hamas has to be wiped out once and for all. In the United States, in every one of our cities, every one of our states, every one of our counties has to support Israel, has to support the only democracy that we have in that part of the world. This cannot happen. This is why it is so critical that we look at our borders because this could be the United States next in different ways, and in more horrific ways than you 've even heard and seen as to what's recently happened in Israel. These people are worse than evil. They're the devil themselves, and all they care about is murdering, killing, City of Miami Page 93 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 raping. It's not about going to war with an army, taking down soldiers. This is beyond anything that any civilized group of people, country, state, can allow to happen in today's world. So, having said that, Mr. Manager, I don't know if our own flag outside is at half-mast. Commissioner Covo: Yeah, I actually -- Commissioner, I called Mr. Manager as soon as it happened, and we did it. We also sent letters of support to each of the synagogues within our district. We sent a letter of support to the consulate. There is a couple of events that are happening this month. So, everything that we can do as a city to be of support -- Vice Chair Carollo: Yes. Commissioner Covo: -- it's really important at this moment because this is something that could escalate, that already escalated internationally, and you know, it could get worse, unfortunately. Vice Chair Carollo: I'd like to ask two additional things, Mr. Manager. Arthur Noriega (City Manager): Sure. Vice Chair Carollo: One is a much more simpler one. If we could put the Israeli flag up front at City Hall at half-mast also. And the most important one, the events that we're seeing, they're only beginning. It's going to get much, much worse. And we don't know how much more it's going to expand and how much worse it could get, but it could real quick. So, I would respectfully request that the -- you instruct the police department and speak to the police chief so that all the major Jewish sites, from synagogues to others, that we have in our city, that we work out with them as much security as we can provide for their safeguard and the safeguard of our residents. These are all places that soon across our country are going to be places that the Hamas terrorists within our country -- and if you doubt that they're not here, remember 9/11. They are here. They are here. During 9/11, you had quite a few of them that lived down here, and in fact trained down here, and you still have others. So, please if you could request from the police chief to go through the main Jewish institutions, synagogues that we have within our city boundaries, and if he could provide a report of which ones additional security will be provided to, and if you could so inform us which ones they are so that we would know. Mr. Noriega: Yeah, we have -- to that point, we have been working, police has been working on the security of those institutions in conjunction with our other law enforcement agencies. So, that's already been in place as of the weekend. I know -- I'll provide an update to everybody in terms of the specifics of that plan. Commissioner Covo: The Roc Shul in Brickell was actually attacked on Saturday and we did get our commander on it right away. Mr. Noriega: Yeah and then -- Commissioner Covo: So thank you. Mr. Noriega: -- two other things. We are, I think, still waiting on the flag. Have we gotten the flag yet? Commissioner Covo: No, not yet. Mr. Noriega: We were going to try to put it up over the weekend, but we weren 't able to get -- City of Miami Page 94 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 Commissioner Covo: Yeah, we couldn't secure one. Mr. Noriega: -- to secure one yet, but we're working on that. So, we are -- as soon as we have one, we'll put it at half-mast. Commissioner Covo: We also have a sign -in sheet in our office because we're going to be doing an event for relief. So, if anyone wants to volunteer, they can go to the D2 (District 2) office and -- Vice Chair Carollo: Wonderful, wonderful. Commissioner Covo: -- sign in. Mr. Noriega: And the third item we're going to be working on that also came in as a request was to light the building blue in tribute. The -- we are also in Breast Cancer Awareness Month, so we've been lighting the building pink. So, we're going to alternate between the two through the balance of October -- Vice Chair Carollo: That's fine. Mr. Noriega: -- to pay tribute to both, to continue our commitment to breast cancer awareness. And then at the end of the month, we'll keep it blue as long as we need. Vice Chair Carollo: That's appropriate, Mr. Manager. Thank you. Madam City Attorney, could you read the resolution, please? Victoria Mendez (City Attorney): A resolution of the Miami City Commission expressing its unanimous and unequivocal support of the State of Israel in its war against Hamas and its right to protect and defend its citizens in the wake ofHamas' unprecedented surprise attack on October 6, 2023, resulting in the killing and abduction of hundreds of innocent civilians; directing the City Manager to provide a report on the feasibility of the City of Miami purchasing the maximum amount of public bonds from the State of Israel allowed under the current City of Miami investment principles; directing the City Clerk to transmit a copy of this resolution to the officials stated herein. Vice Chair Carollo: So move. Chair King: Second. All in favor? Todd B. Hannon (City Clerk): Chair. The Commission (Collectively): Aye. Mr. Hannon: Public comment? Chair King: Is there anyone who would like to participate in public comment with respect to the resolution that was just read? One. We have one. Jonathan Newberg: Joe -- Joe -- I mean -- Vice Chair Carollo: Joe is fine. Mr. Newberg: Those words are incredibly powerful. Excuse me, Mr. Commissioner Carollo, I'm sorry. You know, as a Jew, living and having been to Israel, having been bar mitzvah 'd in Israel, having family and friends in Israel, your words are City of Miami Page 95 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 incredibly, incredibly moving. I pray for the safety of everybody in Israel. What these people did was so beyond barbaric and what you're doing by saying these words and making this statement and hanging the Israeli flag is so meaningful. I want to thank you. I want to thank the Commission, Chairwoman, thank you Sabina -- I mean, Commissioner Covo. And it truly is -- and I speak on behalf of all Jewish people when I say that from the bottom of our hearts we thank you for these words because they're so important. Words matter. And saying what you've said just now, everybody should hear that because it's the truth, and I want to thank you. I want to thank you all. Thank you so much. Vice Chair Carollo: It's an obligation and it's something that I have stood for for many decades. But some of the things I said, I might have misspoken in something, in the sense that maybe I shouldn't have said something, because the woman that I talked about being raped and then being beheaded, I was able to get that from a very close source that has top secret clearance from Israel, and that hasn 't been reported yet. I haven 't mentioned who it is or anything, but this is one of the victims that you've seen in the cable channels that the family was crying for. And this is what these bastards do. They came in all drugged up. How can you be screaming for Allah, God, and dare do stuff like this? And this is what the world has to see. Now you 're going to have all the apologists and all those that hate America and hate Israel and hate everything that's good in this world come out and point the finger to Israel that they are to blame. But look what they're doing to the Palestinians. Well, it 's Hamas in Iran, the head of the snake, that financed all of this because Hamas would not have made a move without the green light from Iran. They are the ones that are causing this pain on their own people because they're hiding in buildings where they know civilians are there. They're putting rockets to launch rounds into Israel from buildings where civilians are at. They're hiding in mosques. They're the ones to blame. And that's what those apologists that want to blame Israel and the U.S. secondly, those are the people that they should be blaming. Hamas. This is not Israel. This is not the U.S. These are not any ofIsrael 's allies. It 's Hamas. It 's Iran. And sadly, whether it 's now, a little later on, or at some point in the near future, you 're going to see even worse than what you see now, because farther north, in Lebanon and Syria, it 's Hezbollah that controls. And they 've been trained for years, have many more rockets and missiles, much further range, precision missiles, that Hamas doesn't even have, and that's going to cause a lot of death and pain. But these people need to be eradicated once and for all. And this is why when you have devils like this, you cannot keep trying to appease them because the only thing that you're going to accomplish is giving them time so they can keep getting stronger and stronger and stronger so they can try to wipe you out. And you know, I look back and I apologize to many of my Democrat friends and Republican friends for what I'm going to say here now. But it's Democrats and Republicans equally to blame for the mess that we have in the Middle East and in this world. What am I talking about? It all started with a president that had a great heart. He believed in humanity, Jimmy Carter. And he opened the door for the Ayatollah to come in. As many faults as the Ayatollah had, one fault that he did not have was that he was an enemy of ours. He was an ally to the United States. And once that happened, the men of the Ayatollah and his whole crowd took over Iran. They immediately started training, financing an army, Hezbollah and Hamas on the border of Saudi Arabia and United Arab Emirates, they're financing the Houthis, and it changed the whole scope of the Middle East and, frankly, the world. Then came another president, this one a Republican, with equally as good intentions as Jimmy Carter, George W. Bush. He didn't learn from his father in the first Gulf War of why his father did not advance anymore into Iraq. And yes, Saddam Hussein was one murdering son of a gun. He was no friend of ours. But if all you had to do was look at history, not far, just modern history, and you would have known that why Father Bush did not advance and take out Saddam Hussein. Well, we did. And what did we accomplish? What did a president with good intentions accomplish? That after thousands of American lives were lost, tens of thousands of our boys wounded and City of Miami Page 96 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 maimed for life, billions of our dollars spent, who ended up in control of Iraq? It wasn't us. It was Iran. And the mess that Jimmy Carter started ended with what George W. Bush did. So, the blame goes to both parties as to what's happened over there. People need to look at history, because if you don't learn from history, history will repeat itself. And we cannot let the Holocaust ever happen again on the Jewish people. Chair King: Amen. Madam City Attorney, would you please read your statement in for the record? Ms. Mendez: Thank you, Madam Chair. Mr. Hannon: Chair, is there a vote on the motion? Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: Thank you. Chair King: It passes unanimously. City of Miami Page 97 Printed on 11/06/2023 City Commission Meeting Minutes October 12, 2023 NA.2 14880 City Commission ADJOURNMENT RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A NOISE WAIVER UNTIL 4:00 AM PURSUANT TO SECTIONS 36-4 OF THE CITY CODE OF THE CITY OF MIAMI,FLORIDA ("CITY CODE"), TITLED "OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS - GENERALLY; EXEMPTION" AND 36-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SAME - HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION," AND AN EXTENSION OF ALCOHOL SALES THROUGH 4:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, TITLED "HOURS DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED," FOR THE III POINTS MUSIC FESTIVAL TO BE HELD AT MANA WYNWOOD, 2217 NORTHWEST 5 AVENUE, MIAMI, FLORIDA (ALSO KNOWN AS 318 NORTHWEST 23 STREET) FROM OCTOBER 20 THROUGH OCTOBER 21, 2023, AS A CO -SPONSORED CITY OF MIAMI EVENT. ENACTMENT NUMBER: R-23-0471 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 NA.2, please see "Order of the Day." Chair King: Let's take up our pocket items now before we go any further. May I have a motion for Pocket Item 2? Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. The meeting adjourned at 3: 49 p.m. City of Miami Page 98 Printed or/ 11/06/2023