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HomeMy WebLinkAboutCC 2023-07-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 27, 2023 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Alex Diaz de la Portilla, Commissioner, District One Sabina Covo, Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes July 27, 2023 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, Commissioner Covo and Commissioner Reyes On the 27th day of July 2023, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chairwoman King at 9:12 a.m., recessed at 12:12 p.m., reconvened at 3:23 p.m., and adjourned at 4:14 p.m. Note for the Record: Vice Chair Carollo, entered the Commission chambers at 10:08 a.m., and Commissioner Diaz de la Portilla entered the Commission chambers at 10:11 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: We are now going to ask Pastor Quincy Cohen of A.M. (Amaziah Melvin) Cohen Temple to come and bless us in prayer so that we have a positive, successful meeting today. Hello, my friend. Quincy Cohen: Good morning. Chair King: You look very handsome. Mr. Cohen: Thank you. Invocation delivered. Chair King: Thank you so much. Commissioner Reyes: (INAUDIBLE). Chair King: You see me? I'm looking for you. Would you lead us in the pledge of allegiance? Commissioner Reyes: My pleasure. Pledge of allegiance delivered. City of Miami Page 1 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 14330 PROTOCOL ITEM Honoree Presenter Protocol Item City of Miami Park and Recreation Mayor and Proclamation Month Commissioners Gweldolyn Dickson Mayor and Proclamation Commissioners Officer Ernesto Fernandez Mayor and Proclamation Commissioners First Assistant Chief Cherise Gause Mayor and Recognition Commissioners City of Miami Procurement City Manager's Office Presentation Department Officer Leon Leonard Mayor and Proclamation Commissioners rRESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Proclamation to the Parks and Recreation Department in recognition of Park and Recreation Month. Elected Officials recognize that parks and recreation are fundamental to the environmental well-being of our community and are essential and adaptable infrastructure that makes our community resilient in the face of natural disasters and climate change. Furthermore, the City of Miami recognizes the benefits derived from parks and recreation resources and calls on all residents to honor and recognize July as Park and Recreation Month. 2) Mayor Suarez and Commissioners presented a Proclamation to the family of Gwendolyn Dickson, late wife of Former Police Chief Clarence Dickson, in recognition of Ms. Dickson 's endless contribution and service to the City of Miami. Ms. Dickson was born on December 7, 1944 in Miami, Florida, and was the youngest of five (5) siblings whom all preceded her in transition. She was educated in Miami -Dade County Public Schools, graduating 7th in her class from Miami Northwestern High and then attended Hampton University in Virginia. Thereafter, she completed her bachelor 's degree in Psychology at Barry University in Miami. In the Mid-1960s, M. Dickson became the first African American to integrate the Miami Beach Police Dispatchers Corporation where she was quickly recognized for her intellect, boundless energy, mastery of prioritization and professionalism. She proposed and established the City of Miami Police Spousal Association; an organization that focused on spiritual counseling and healing the hearts of spouses of Miami Police Officers. Elected Officials paused in their deliberations to honor and recognize Ms. Gwendolyn Dickson for her leadership and service to the City of Miami. City of Miami Page 2 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 3) Mayor Suarez and Commissioner Diaz de la Portilla presented a Proclamation to Officer Ernesto Fernandez in recognition of his exceptional bravery and quick thinking when he spotted a 10-year-old child walking along the riverbank in Allapattah on Wednesday, July 19, 2023. Without hesitation, when the child fell into the water, Officer Fernandez acted with utmost dedication to the safety of our community and instinctively leaped into action. Officer Fernandez bravely plunged into the river to rescue the 10-year-old child. His heroic actions serve as a testament to his remarkable character and unwavering commitment to the well-being of our citizens, especially the most vulnerable among us. Elected Officials paused in their deliberations to pay tribute and celebrate the service of Officer Ernesto Fernandez and by virtue proclaimed Thursday, July 27, 2023 as "Ernesto Fernandez Day" in the City of Miami. 4) Commissioners paid tribute to First Assistant Chief Cherise Gause for her years of dedication and service to the City of Miami and its Police Department as she departs to become the Police Chief at the City of North Miami. First Assistant Gause served the City of Miami selflessly for thirty (30) years and has imparted wisdom and leadership along the way. Elected Officials paused in their deliberations to thank First Assistant Chief Gause for her commitment and dedication to the residents and citizens of the City of Miami and wish her all the best in her new role as Police Chief. 5) Mayor Suarez and Commissioners presented a Certificate of Merit to the Procurement Department in recognition of the department's National Procurement Institute 's Excellent in Procurement 2023 Award. The department has won this award for the 7' year in a row, a testament to the department's strive for excellence and distinctive service and contribution to the City of Miami and its residents. Elected Officials paused in their deliberations to recognize the Procurement Department as the best procurement team in the Nation. 6) Mayor Suarez and Commissioners presented a Proclamation to Officer Leon "Beau" Leonard in recognition of 31 years of service with the City of Miami Police Department. Officer Leonard started his career with the police department on October 5, 1989, where he worked patrol in the central district working midnights in Downtown Miami and Overtown until 1992. When the City of Miami Police Department adopted the community policing concept in 1992, Officer Leonard was among the first of twelve officers selected to serve the community as Neighborhood Resource Officers (NRO), making history. Officer Leonard continued to serve the remaining 31 years of his career as the NRO in the Allapattah neighborhood. In 2007, he had the honor of protecting former President Barack Obama as he ran his campaign to become the next President of the United States of America. Elected Officials paused in their deliberations to recognize Officer Leonard for his many achievements and recognitions and wish him the best in his future endeavors as he retires from the City of Miami. Chair King: We now have a quorum, so we can begin with our presentations and proclamations. Presentations made. Chair King: Oh, we have now concluded our proclamation and presentation portion of our meeting. City of Miami Page 3 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 ORDER OF THE DAY Chair King: And at this time, we're going to begin our meeting with this statement from our Madam City Attorney. Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about the processes, order of business, rules of procedure and scheduling, 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 and online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this City Code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requests that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for the agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any requirements 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 unless any proposition before the City Commission is modified by the Chair. Public comment will begin at approximately 10:00 a.m. and will remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment during the public comment period. 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 elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to elected officials, their staff, and the City Administration up until the Chair closes public comment. Public comment may also be provided live at City Hall located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notes the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114(4)(c), Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note Commissioners have generally been briefed by the City staff and the City Attorney's Office on items on the agenda today. Anyone wishing a verbatim record of the items considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. Parties for any PZ items including any applicant, appellant, appellee, City staff, and City of Miami Page 4 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 any person recognized by the decision -making body as a qualified intervenor, as well as applicant's representatives and any experts testing on behalf of the applicant, appellant, or appellee may be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk. The members of the City Commission shall disclose any 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 in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive a 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. Thank you. Chair King: Thank you, Madam City Attorney. Mr. City Clerk, would you please read your statement? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi judicial items on today's City Commission agenda will be as follows: The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish the -- explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Thank you, Chair. Chair, may I administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you, Mr. City Clerk. Mr. City Manager, do you have any items that are going to be deferred or withdrawn from the agenda? Arthur Noriega (City Manager): Good morning. Yes, we have quite a few here, so I'll go slow so that we can kind of keep track. So, good morning, Madam Chair, Commissioners, Madam City Attorney, City Clerk. This time the Administration would like to defer and/or withdraw the following items: PH.5, to be deferred to October 26th; PH.7, to be deferred to September 14th; RE.4, to be withdrawn; SR.3, to be withdrawn; FR.2, to be deferred to September 28th; PZ.2, to be deferred to October 26th; PZ.3, to be withdrawn; PZ.8, to be deferred to October 26th; PZ.9, to be deferred to October 26th; PZ.10, to be indefinitely deferred; PZ.11, to be indefinitely deferred; PZ.12, to be indefinitely deferred; PZ.22, to be deferred to September 28th; PZ.30, to be deferred to October 12th; and PZ.31, to be deferred to October 12th. That concludes the items. City of Miami Page 5 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Commissioner Reyes: You said PZ 30 -- 31? Mr. Noriega: 30 and -- Chair King: 30 and 31. Mr. Noriega: -- 31, both to October 12th. Chair King: Mr. Manager, I would like to defer PZ.26 and 27 to the last meeting in September. Mr. Vice Chair, do you have any? Buenos dias (Comments in Spanish not translated), Mr. Vice Chair. Commissioner Reyes: 26 and 27? Chair King: 26 and 27. Do you have any items that you would like to defer? Vice Chair Carollo: Not at this time, but I do have one pocket item, potentially a second one. Chair King: Okay, let me get through the deferrals and withdrawals. Vice Chair Carollo: Okay. Chair King: Commissioner Covo, do you have any items that you would like to --? Commissioner Covo: Not at this time. Commissioner Reyes: Commissioner Reyes? Commissioner Reyes: Not at this time. Chair King: Okay, let's address pocket items now. I believe -- Mr. Manager, do you have some pocket items? Or Madam City Attorney, do you have any pocket items? Ms. Mendez: We'll let Todd go first on the -- Mr. Hannon: Let me see if I can get it right. So, I have one pocket item from Commissioner Covo that pertains to a settlement agreement between the City of Miami and 1000 Brickell LTD. We'll call thatPL1. Chair King: PI. I. Mr. Hannon: Sorry, one second. I have another pocket item from Commissioner Covo pertaining to a direction to the City Manager to bring back legislation at the September 14 City Commission meeting to create a Sports and Recreation Advisory Board. Commissioner Covo: Correct. Mr. Hannon: PI.2. I have a pocket item from Commissioner Reyes pertaining to a resolution of the Miami City Commission adopting a City of Miami Parks, Fence and Wall Master Plan. Vice Chair Carollo: A what? Mr. Hannon: PI.3. City of Miami Page 6 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Vice Chair Carollo: A what master plan? Mr. Hannon: Parks, Fence and Wall Master Plan. Vice Chair Carollo: Fence? Chair King: Fence. Mr. Hannon: Yes, F-E -- Chair King: Buenos dias (Comments in Spanish not translated). Vice Chair Carollo: Oh, events. Commissioner Reyes: No, no, no, fence. Vice Chair Carollo: Oh, fence. Commissioner Reyes: According to Miami 21, we can't -- you cannot build a fence there higher than 10 feet. Vice Chair Carollo: 10 feet. Commissioner Reyes: I think not -- 8 or 9 feet. Chair King: We'll -- Commissioner Reyes: And this is -- this is -- Chair King: Commissioner Reyes, let us finish -- Commissioner Reyes: -- going to be for the -- Chair King: -- the pocket items and then we'll get into the -- Commissioner Reyes: -- for the back (UNINTELLIGIBLE) -- Chair King: -- guts of it. Todd? Mr. Hannon: I have a pocket item from Chair King pertaining to a resolution of the Miami City Commission urging Miami -Dade County to consider acquiring Bird Key from Brickell -- I'm sorry, from Bird Key LLC. We'll call that PL 4. Vice Chair Carollo: What bird is that? Chair King: Bird Key -- Vice Chair Carollo: Okay. Chair King: -- for environmental reasons. Vice Chair Carollo: Okay. Chair King: Any more? City of Miami Page 7 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Mr. Hannon: Yes. The last one that I have is a pocket item from the City Manager, a resolution of the Miami City Commission authorizing the City Manager to negotiate and execute an interlocal agreement, in a form acceptable to the City Attorney, between the City of Miami and Miami -Dade County for the distribution of local option fuel tax proceeds. Chair King: I believe I'm a sponsor on that. Vice Chair Carollo: Yep. Mr. Hannon: You would like to sponsor? Chair King: I am. Ms. Mendez: And Commissioner Covo also has a pocket item, Pocket Item 6. Commissioner Covo: Yeah, that one is a pocket item to discuss the extreme heat situation that we're facing nowadays. Chair King: And Vice Chair, do you want to --? Vice Chair Carollo: Yes. I have one pocket item having to do with Natoma Manors. Ms. Mendez: Commissioner Carollo, could you --? Vice Chair Carollo: Yes. Ms. Mendez: We can't hear. Vice Chair Carollo: Can't hear me? Ms. Mendez: Now we can. Vice Chair Carollo: You see, if I talk too loud, the editorial board will say I yelled. I have one item having to do with Natoma Manors in Coconut Grove, in my district. It's a simple, straightforward item that was requested of me. The second item has to do -- and I don't know if we're going to be able to bring it today. I have to meet with the City Attorney during break -- has to do with the emergency request for a vendor in Little Havana. Chair King: So, we'll take that up if it comes -- Vice Chair Carollo: Yeah, if it does, yeah. Chair King: -- after the break. Okay. So, we have a total of seven pocket items to be considered today. And at this time, I'm going to -- Commissioner Diaz de la Portilla: Good morning. Chair King: Buenos dias (Comments in Spanish not translated). Commissioner Diaz de la Portilla: I'm going to have a pocket item a little bit later. Chair King: Okay. Commissioner Diaz de la Portilla: Just finalizing it now. City of Miami Page 8 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: Okay. So, we may have an additional -- Mr. Hannon: And sorry, Chair, I just need to read a brief statement into the record regarding the PZ items that were indefinitely deferred. Chair King: Okay. Mr. Hannon: Pursuant to Section 62-22 of the City Code, an indefinitely deferred action initiated by the City will cost the City mail noticing, advertising, and posting of properties as applicable. Thank you, Chair. Chair King: Thank you. Ms. Mendez: Madam Chair, I just wanted -- it's a potential nine total pockets with the D3 (District 3) and DI (District 1) ones still being developed. Chair King: Correct. Ms. Mendez: But I think the ones that you have solid are -- Chair King: 1 through 7. Ms. Mendez: --1 through 7. Chair King: Correct. Ms. Mendez: Thank you. Chair King: And at this time, I'm going to open public comment. Anyone wish -- Mr. Hannon: Chair, I apologize. Was there a motion on the order of the day? I don 't have a motion -- Commissioner Reyes: Move it. Mr. Hannon: -- or a vote. Commissioner Reyes: I move it. Mr. Hannon: I apologize. Chair King: May I have a motion for the order of the day? Commissioner Reyes: Move. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: There you go, Todd. City of Miami Page 9 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 PUBLIC COMMENT FOR ALL ITEM(S) 14408 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE JULY 27, 2023 CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: Okay. Now, we will open the floor for public comment. Anyone wishing to speak on behalf of anything on the agenda for today, which is the last commission meeting of the summer, please come forward. Vice Chair Carollo: Unless we call a special one. Chair King: No. Commissioner Diaz de la Portilla: It could happen. Commissioner Reyes: No, no, no, no. I need a month, I need it. I need a month. Vice Chair Carollo: No jokes. Chair King: Good morning. How are you today? Nathan Kurland: Good morning, Commissioners. Good morning, ladies and gentlemen in the audience. My name is Nathan Kurland, 3132 Day Avenue, Coconut Grove. Before I was on my way over here, I had a discussion with my wife, and I told her that she should embrace her mistakes, so she ran over and gave me a big hug. I want to talk about mistakes today, in particular FR.2, which has been deferred until the next Commission meeting, or excuse me, the September Commission meeting. FR.2 has provisions which will significantly change our unique subtropical community into a flashing and distracting mess everywhere that residents and tourists look. Over and over again, this Commission has opened the barn door for an industry that has little regard for our natural beauty and quality of life. The following changes should be made to the sign code: Number one, the sign code should, but does not, restrict electronic message systems in regard to numbers, distract -- distancing, location, visibility, and visibility from residential units. Number two, the sign code should, but does not, forbid media towers like the ill-conceived 2011 twin 50-story four-sided LED (Light -Emitting Diode) billboards, which were capable of being seen for almost 20 miles. Number three, the sign code should, but does not, forbid new billboards within the territorial boundaries of this effective date. Number four, the sign code should, but does not, require murals to be designated as mural advertisements. This is not digital technology. This is mural advertisement. Number five, the sign code should, but does not, properly address sign maintenance. Repairs or replacements should be accomplished within 30 days, or the owner should be fined at least $1,000 per day. Number six, and finally, the sign code should, but does not, require the illumination shall not be visible from residential units, shall not shine into adjacent properties -- Chair King: Thank you. Mr. Kurland: -- and shall not create a nuisance of the property distractions. Don't create your own (UNINTELLIGIBLE). Do not pass FR.2. Thank you. City of Miami Page 10 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: Thank you. Vice Chair Carollo: Mr. Manager. Chair King: You go -- go ahead. Good morning. Carolyn Donaldson: Good morning. I'm Carolyn Donaldson, 3515 South Douglas Road, and I'm here in support of Item PH9 for the Macedonia construction of a classroom annex. Macedonia has been in the Coconut Grove community since 1895, celebrating 128 years this year. Our A -Step afterschool enrichment program and also our outreach ministry has been around since 1984 offering after school programming and also summer literacy camps. The new classroom annex is needed due to the lack of space at our current church site and will add dedicated space for the literacy program. The academic regression that our kids experienced during COVID and also the status of academics prior to that was -- has been such a setback from an educational purpose and is also documented in educational statistics. In addition to the new space, we will provide vital meeting space for additional programming, community organizations, and also gatherings in the West Grove. Our after -school tutoring and summer program provides targeted and intensive instructional intervention in an effort to assist students in achieving reading and math competencies, supporting our school system. This new additional space will more than triple our capacity for outreach. Thank you and good morning. Chair King: Thank you, good morning. Good morning. James Torres: Good morning, Chairwoman King, Vice Chair Carollo, and Commissioners. FR.2, we understand, has been deferred. We did not have an opportunity to talk about it. Before I begin, I'd like to pass this out. These are the petitions and the signatures and the statement from the DNA (Downtown Neighbors Alliance) for downtown as it relates to FR.2. I'd like to hand these to Todd. Chair King: Thank you. Vice Chair Carollo: Chair, before FR.2 comes back, can we get a study from the administration as to how it 's going to impact monetarily the City of Miami, positively or negatively. There's a major concern from some in the industry that this is going to overall bring more billboards for a lack of calling it something derent. And therefore, the more you have, the least you could charge. So, as a City, my concern is we're going to be making less money with a lot more stuff being put out there. Commissioner Reyes: Madam Chair -- Chair King: Thank you. Commissioner Reyes: -- and -- Chair King: Is there someone from the Manager's Office that's paying attention to this? Commissioner Reyes: Well, I hope they are because -- Chair King: Oh, I didn 't see you. Hi, Zerry. Commissioner Reyes: I hope they are because I want to remind the administration that when this item came out, I asked for a study of how the light will affect the neighborhood and how much light pollution we were going to have there. And City of Miami Page 11 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 besides the economic impact, I want to ask again, and I asked a couple of times about that study, and I have not received anything. As a matter offact, the company that is proposing this, I believe, have not met with the neighbors. And that is, I mean, un- excusable. Because the neighbors -- Mr. Torres: They were not even -- Commissioner Reyes: -- are the ones that are going to be suffering this. And once again, Mr. Zerry, I want you to demand -- to demand, not ask -- demand a study on the effect -- the lighting effect and lighting pollution from converting this billboards, okay, again. Commissioner Covo: Madam Chair -- Nzeribe Ihekwaba: Good morning. This is Zerry Ihekwaba, Deputy City Manager. Commissioner, your directive is well acknowledged, and the administration is (INAUDIBLE) -- Commissioner Reyes: Okay. Commissioner Covo: Hi, can I add to that as well for a second, Madam Chair? Chair King: Hold on, hold on one second. We're never going to get through public comment if all of us have a comment on each item. Vice Chair Carollo: No, no, I -- Chair King: So, let's move -- Vice Chair Carollo: I just want to cover Commissioner Reyes ' back. He said demand. What he meant to say was politely request. I don't want anybody accusing you of violating the charter or anything like that. Commissioner Reyes: Well, you see (INAUDIBLE). Vice Chair Carollo: Politely request. Commissioner Reyes: Okay, thank you very much. I stand corrected. Chair King: I'm going to allow Commissioner Covo to speak -- Commissioner Covo: Thank you for that. Chair King: -- because I allowed you guys to speak, but moving forward -- Commissioner Covo: I just -- Chair King: -- I don't want us to have commentary. I want to hear from the public. Commissioner Covo. Commissioner Covo: This is important for me because it affects my district exponentially. I just want to put into the record that I had already expressed that I'm in opposition of this item. So, I'll be ready to vote on it whenever you guys decide. Applause. City of Miami Page 12 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: Thank you. Well, you know, that 's -- right. The majority of the murals lie in District 5, and because it has been deferred and my colleagues have spoken, I do have some comments, but I'm going to hold it because I want to hear from the community. We're finished with you, correct? Mr. Torres: No, I still have my two minutes to start. Vice Chair Carollo: No, you 've got less than two minutes now. Commissioner Diaz de la Portilla: Well, it's not on the agenda today. Mr. Torres: This was your debate, not mine. I just presented the item. Commissioner Diaz de la Portilla: Yeah, but that's our prerogative, not yours. Chair King: I think we understand because you just gave us a whole packet of -- okay, say your opposition. Mr. Torres: So, I'll say -- Chair King: Come on, come on. Mr. Torres: I would prefer to talk homeless issue, but we'll get on that -- Chair King: Because I don't want anybody to say that I violated somebody's First Amendment rights. Mr. Torres: God forbid, right? Vice Chair Carollo: You also got penalized 30 seconds for the clapping. Chair King: You 've got a minute. Mr. Torres: Here we go, here we go. Chair King: You have a minute. Mr. Torres: Here we go. Good morning, Madam Chair and Commissioners. Thank you for the opportunity to be speaking before you today. My name is James Torres, president of the Downtown Neighbors Alliance, representing more than 30,000 residents within the core of downtown Miami. I come before you to voice a strong opposition on the Mayor's proposal, FR.2, that would allow massive digital billboards to take over our community. As an organization, we've worked tirelessly to protect our downtown unique characters and quality of life. The keyword there is quality of life, as we strongly feel that this is an uncorrect [sic] item that is being presented because of the intrusive of the billboards that overshadow our beautiful skyline. In fact, just weeks ago, we went to the Planning and Zoning Board and the person that is pushing this, the organization, was not even present. We received a unanimous vote for not moving forward, a 10-0 vote. We've gathered more than 1,700 signatures that we have provided in terms of a petition with the concerned citizens throughout the district. Imagine downtown, along with our beautiful bay and open spaces, being cluttered with bright and distinct digital billboards within residentials, a quality of life being disrupted. We will not stand for this because it 's not the correct thing to do. When you look at the entire composite of what is being proposed of 45 billboards throughout the district that now creates a Times Square, Hong Kong Harbor, and other parts of the district. We urge you to look beyond the allure of the short-term gains and consider the long-term impact of your decision. City of Miami Page 13 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Our community is united in opposing this entire proposal. We kindly ask you to go against the Mayor's term on this item. In closing, I implore you to listen to the voices of the thousands of residents who call downtown home. Their signatures are there before you. Thank you. Chair King: Thank you. Vice Chair Carollo: Chairwoman, I do need to address something here because this is a prime example of things that could happen in the future in our city. Chair King: Put your mics closer. Closer. Vice Chair Carollo: He kept saying the Mayor, the sponsor of this. Well, the Mayor, as we all know, is running for president. Now, I don't know, but I would venture to say that all people that are in Miami and have business, want to support one of our locals for president. So, I have to assume that this firm is one of those too and are supporting the Mayor. But what happens if a majority of us, like Commissioner Covo, like Commissioner Reyes, maybe myself I don 't know about the others, vote against this, and I'm not saying that we would support somebody else for president, but what 'any one of us supports someone else for president? These people could come back and say that we went against them because they supported this candidate, Mayor Suarez, and we held that against them. So, we get sued for violating their free speech, their First Amendment rights. So, just food for thought of how things work in Miami, especially ifyou went to drama school, you could do wonders. Mr. Torres: Thank you very much. I also want to thank the community for coming out because I think it's important, even though this item is deferred. And thank you -- Chair King: Thank you. Mr. Torres: -- for allowing us to speak on this. Chair King: Thank you. Good morning. Loretta Scippio-Whittle: Good morning, Chair Lady King and fellow Commissioners. My name is Loretta Scippio-Whittle, and I'm speaking with about 3515 Douglas Road and that 's Macedonia Baptist Church. And we have a philosophy there is that only when you render service for mankind do you render service for your maker. So, I'm speaking in favor of T9 [sic] so that we can have the expansion so that we can serve the community that we need to serve. And I have an example of what we were doing this summer when we had 37 children enrolled in our summer program that lasted from 9 o 'clock in the morning until 3 o 'clock in the afternoon. And I just would like for you to meet Ideria Willis. And she is going to take her two minutes. Ideria Willis: Hey, black child, do you know who you are? Do you know who you really, really are? Do you know you can be what you want to be ifyou try to be what you can be? Hey, black child, do you know where you're going? Where you're really, really going? Do you know you can learn what you want to learn ifyou try to learn what you can learn? Hey, black child, do you know where -- do you know you're strong? I mean really, really strong? Do you know you can do what you want to do ifyou try to do what you can do? Hey, black child, be what you can be. Learn what you must learn. Do what you can do. And tomorrow, your nation will be what you want it to be. Commissioner Reyes: Wow. Vice Chair Carollo: Great. City of Miami Page 14 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Ms. Scippio-Whittle: Thank you very much. Applause. Chair King: Good job. Vice Chair Carollo: Well, that's one girl that knows she's going to be a future commissioner. Chair King: Good morning. Commissioner Reyes: President. Albert Gomez: Good morning. Albert Gomez, 3566. I used to teach that poem to an after -school program I used to run. That 's touching. Glad to see RE.6 master plan being put forward. RE.9, the Swale Native Planning Program, should maybe fast - track natives as opposed to going through a whole permitting process, just make them aware that they're putting in the natives. FR.2, set a district, pick a very, very distinct street, make it your, you know, center street where you want everyone to go and then put all the billboards you want there. Everywhere else, leave them alone. It's a bad, bad ordinance. I do want to talk about the homeless ordinance because it says homeless. Homeless what, cats, dogs? If we're talking about people, we should just make it an ordinance on people. It's an interesting topic to be had. The way it just sits there on the page, it doesn't look right. And then the pocket item that Commissioner Covo brought up. I think this is a really critical item. I personally had heat stroke this last week. I know several people that did as well. It's funny, Macedonian Church was brought up on expansion. You know, even if we -- you know, interfaith communities are so important. If we were maybe to give them money to put cooling centers, there are so many opportunities for innovative ways for engaging our community and bringing more cooling centers or cooling places to bear. Trees. Obviously, trees offer shade and reduce the temperature. We should be an all-out assault on planting trees against this heat. We 're not taking it seriously. We're not having the level of seriousness that we need to the problem. So, I think we should marshal a committee, a group, or something so we can tackle this extreme heat. I know that we have a chief CRO (Chief Resilience Officer), prioritize them with this, and put short-term goals that have lasting results. Chair King: Thank you. Good morning. Al Bunis: Good morning. Thank you, Chairwoman King and Commissioners. I'm Reverend Al Bunis, the Senior Pastor of Plymouth Congregational Church right here in the Grove. And I'm here today to speak on behalf of Macedonia Missionary Baptist Church and PH.9. Plymouth has had a long-standing, and when I say long- standing, I'm talking many, many years with Macedonia. We're brothers and sisters in ministry. We are strongly supportive of this reading program and math program as well, and we've done so in recent years and in prior years as well. Most recently, we've been supporting the programs in significant financial ways through various parts of our church. We've also been supporting with expertise. We helped the Lucy Project lend some of their expertise to the program. But most importantly, we've been supporting the program with our people. Over 30 volunteers so far, and that doesn't include the volunteers from the church who are helping work with the kids this week. I have actually been one of those volunteers. I've worked a couple of different times with the same young man, and it has been a transformative process for hopefully him but I know for me as well. The program operates in the downstairs at Plymouth -- excuse me, at Macedonia. It's a lot of kids in one space. It's -- in a sense, it's like a one -room classroom and a one -room school. The additional space City of Miami Page 15 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 will make a substantial difference for the program, which we believe in strongly. The last thing I want to say is that the work that is being done there, it really is a work of love, but it's also God's arms and heart and hands and minds together bringing kids and making a difference in the world. Plymouth strongly supports this program. Chair King: Thank you. Good morning. Sean O'Hanlon: Good morning. I'm Sean O'Hanlon, 3400 Pan American Drive. I was born and raised here, and I'm here to address the pocket item by Commissioner Covo of the excessive heat that needs to be addressed for Miami 's residents. And I address this as an economic issue, not just a simple heat or environmental one. This is about Miami's economic viability, both short term and long term. When heat gets to the point where it is, we lose productivity. We also lose economics, we lose sales, we lose activity. Cooling islands, green pillars and walls, green corridors, shaded walkways, would create a Villa Verde, a network of cool walkways, cool centers, cool places for activity outdoors as well as for those relieved from the heat, both for locals and for visitors. To give you some examples of where this has been done in other places with success, it's been done in Paris, it 's been done in Medellin, and it 's been done in Mexico City. Insulation trees and shrubs has reduced the surface temperature in Medellin alone by up to seven degrees, improved air quality, lowered noise levels. It has also enhanced the value of those neighborhoods along the corridors. Cooling stations and resilience hubs are just the beginning. Fans and blowers need to be installed on ground level at Metromover stations and in other locations. Urban cooling networks are the pillars of sustainable and resilient cities, and we have that office, and this is what we 're for -- this is what it's for. And to finish up, considering the fact that City Hall just lost power last week, now would be a good time to reinstall the solar panels that were removed a year ago. Thank you. Chair King: Thank you. Good morning. Dorothy Wallace: Good morning, to the Chairman and to the Commissioners. I'm Dorothy M. Wallace, at address 12605 Southwest 93rd Avenue. I am presently the owner of the Ace Theater on Grand Avenue, 3464 Grand Avenue. But I'm here to speak in behalf -- and a member of Macedonia Missionary Baptist Church since 1951. I'm here to speak for the expansion of that church and its facilities. We are just crowded in the basement. We have no space to store anything, and we have no meeting rooms. As the pastor from Plymouth has already stated, that we are a one - room classroom. Well, that doesn't work during this day. When the church was built in 1940, completed in 1948, it was built with the old standards. They had everything, but they didn't have enough for us to really sponsor and meet the needs of the community that is needed today. We are getting the programs. We've had help from Plymouth congregation. And I'll tell you, just bear with me a few minutes. Once, Macedonia was a part of Union Chapel. In 1895, it separated from that church, and that's before Ferguson (UNINTELLIGIBLE) Ferguson. See, we were all meeting together. One hundred years later, do you know that we all came together as one, and we go and worship with Plymouth congregation. They come and work with us. So, we are working as one, and we're keeping the character of Coconut Grove alive. We're preserving our facilities, and we're expanding them, and we hope to meet the needs of all of our people. So, remember 3515 Douglas Road and Charles Avenue, formerly known as Evangelist Street, please consider it and we give you thanks for what you have done already for us, but we'll also give you greater thanks when you pass this and help us expand our facility. God bless. Chair King: Thank you. Good morning. James Brazil: Good morning. My name is James Brazil, 1614 Drexel Avenue, and I'm here to speak to Commissioner Covo 's pocket item about this urban heat crisis City of Miami Page 16 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 we're going through. And I just want to speak from experience coming here the last seven years and realizing that, you know, there's a multi -scale approach to this. I know we've previously heard about urban tree canopy, green roof resolution, which I spoke at a couple weeks ago. These are all great urban strategies, but we must think about how this works down to a citizen level. And in Australia, where I'm from, we have extreme heat, and we address this through cooling vests. We address this through passive cooling, and that 's the overarching term for this. You know, as a professor, as a practitioner of this, you know, passive cooling is the way to not only just cool our bodies, but also through architecture and buildings. And I can tell you from first-hand by teaching at UM (University of Miami) and FIU (Florida International University), passive cooling is not instructed in the design of high-rise buildings. Yet, in Malaysia and Singapore and other tropical areas, it is a matter of fact since the 1980s. And so you can, you know, we experienced an energy cut here, you know, from the air conditioning being overloaded. This is what passive design really does. So, I really want to speak to that. It must be a multi -scale approach. And I really call for a design charrette, you know, with commissioners and with the universities, because I really believe that the next generation of designers and architects can really solve this problem for Miami. Thank you. Chair King: Thank you. Good morning. Ruthie Jesse: Good morning. My name is Ruthie Jesse. I live at 130 George Allen Avenue, Coral Gables. I'm here because I have five grandchildren and three nieces that attend the program at Macedonia Missionary Baptist Church. The program has really helped all seven of my kids. They have learned to read a little bit better, their math has improved, and most of all, I had one grand that would never talk. Now she talks and she dances. So, please help Macedonia. And I got three more grandchildren on the way there, so please help them. Thank you. Chair King: Thank you. Good morning. Luis Herrera: Good morning. My name is Luis Herrera, president of the Vizcaya Homeowner Association. Before I talking about this area over here, I ask you a question of everybody to you. This system that it have right now here, when it comes the area, in you time, you never remember what happened over here, the people they're talking about over here. You can't remember that. So, the way it is before, the area coming in and the people talking, you know what is going on. That's my suggestion in this particular thing. They can be changed. Back again, there was a (UNINTELLIGIBLE) before. Now, PZ.3, I'm against it because it 's going to be precedent in the neighborhood. And then when it comes to my neighborhood, they going to do the same way. And PZ.22, the covenant that it had in place there, they can take it off because they do in the rest of the City of Miami. So, I'm against it, both sides. So, please do whatever you can to survive the residential area. We complain about the traffic. And we had a lot of traffic, and they continue to do things against the residential people. Thank you very much. Chair King: Thank you. Good morning. Abby Ape: Hi, good morning. My name is Abby Ape. I'm a resident of District 2 at 488 Northeast 18th Street. There's a lot of really important topics today, but the one I'd like to address is a pocket item brought in by Commissioner Covo. I have some really practical solutions that I'd like to propose, and my son Jeremiah would also like to share. But just a few solutions that I see is we could install splash pads at our parks and recreation centers. There's plenty of space at Margaret Pace Park, as well as Timber Hollo Park. Also, allowing the residents to use the water hose would be such a big win. Currently, right now at Margaret Pace Park, we were told we cannot use the water hose, and we would like to use it to have like a little slip and slide for City of Miami Page 17 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 our children. Also, another solution, because we homeschool our kids, we have a huge group of homeschoolers in downtown Miami. It's over a hundred of us. We used to -- were able to use Simpson Park, the indoor recreational center. We're not allowed to use it anymore unless we pay about a thousand dollars for three months, which I think is something that shouldn 't be a fee, right? It should be a recreational center for the residents to use, which is what we want to do. What we do at that center is teach our kids for two hours, and so we're being charged a fee. So, I think all of these things would be easy solutions. Oh, and one more thing, Mr. Reyes, to expand the Freebee program into downtown Brickell would be a huge asset so that we have that easy mode of transportation that's provided through the DDA (Downtown Development Authority). And Mr. Carollo, at Southside Park, it's under construction and it could use a lot of tender love because of the dust and the playground that 's available. So, I have a lot of other solutions I'd be willing to share with you, but at this time I'd like to allow my son to say a few words if that's okay. Yeah? Jeremiah Ape: Hi, my name is Jeremiah, and I'm a resident of District 2, Aria on the Bay, and I live in front of Margaret Pace Park. And since it's so hot, I wish that there were water features there so we can cool down. And sometimes me and my mom and my friends, we have to go to South Point Water Park, and there 's not much parking. And the water park is sometimes crowded. So -- and me and my friends, we all agree that we could use more water features. Thank you. Chair King: Good morning. Nalisa Saati: Good morning. Thank you for having us here today. My name is Nalisa Saati. I'm the program director of Eco Planet Earth Corp, which is a countywide nonprofit, and our mission is to unite humanity for children, animals, and earth. We are here today with some of our summer interns, and they are functioning as eco-influencers. They're representing Miami -Dade County Public Schools, the fourth largest school district in the country. And if Miami -- and today is actually National Intern Day, so we are here to thank you all for your service. We attended recently the countywide commissioner meeting, and they were shocked to learn that government jobs do exist, and you can actually make a career and a meaningful one, which is public service. So, they are here to represent their individual schools, their neighborhoods, as well, and speak up. And after that meeting, they've decided that they want to form a school club at each of their schools, an eco-influencers club. And the students are going to partake and partner with local businesses, government organizations, and nonprofits to be able to get access and solve these problems. They will be happy to help and work with all of the other organizations that are here. And by the way, Coconut Grove does not have a public high school located here. So, that means the oldest Bahamian community, which is Village West of Coconut Grove, and the remainder neighborhoods, including Allapattah, Little Havana, Liberty City, Overtown, Brownsville, all the way down, should also be represented. So, I'm here now really excited about building the next generation of STEAM leaders -- leaders in STEAM (Science Technology Engineering Arts and Mathematics). If we're going to be a global economy attracting all of these people here, we better have the labor force to back it up. Chair King: Thank you. Good morning. Alexandria Ledezma: Good morning. My name is Alexa Ledezma on behalf of the DNA and president and resident of MET 1. I'd like to present to you some critical issues regarding FR.2, billboards. The fact is, is number one, the LED billboard ordinance was rejected by the Zoning Committee Board 10-1. And at that time, there was no -- the Mayor and the City were not available to answer any questions with the potential impact of these billboards. The current LED ordinance remains, if it goes through, remains a safety issue in the event of a hurricane that will be a public safety City of Miami Page 18 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 and property. Three, the agreement from 2014 with the Florida State Transportation explicitly states that the City cannot amend the mural without the State of Florida approval. Adopting this ordinance would violate that agreement. Four, the LED proposal, it would be larger, twice the size as the board -- billboard at the Loan Depot Park at Marlins Stadium. Also, even the national lobby of the group for billboards, advise against adopting the absolute brightness, and suggest considering ambulant [sic] light. Seven, the calculation suggests that these billboards would illuminate our units, our apartments, 20 times brighter than the sun. There is no reason to vote for this ordinance or satisfy the interest of billboards. We ask, if you're supporting this, please, during this time off put a billboard in front of your residence for the period of time for this up to vote and see if it doesn 't impact your quality of life or your property value. And see if your neighbors won 't complain. Please do not pollute our area with these LED bright lights. Thank you. Chair King: Thank you. Good morning. Jorge Alonso: Good morning. My name is Jorge Alonso. I'm representing Coral Gables Senior High, Little Havana as well, Eco Planet Earth. I just want to say thank you for the public service we have, and me and my interns are going to be introducing ourselves one by one. Thank you. Diana Dorvales: Good morning. My name is Diana Dorvales. I go to North Miami Senior High School, and I also go to North Miami. I just want to say thank you for this opportunity you guys have given us. I'm willing to take the chance to learn and grow in a supportive environment. So, thank you. Sofia Salerno: Good morning. My name is Sophia Salerno. I attend Coral Reef Senior High School as an incoming senior, and I want to thank you all for your time and for this opportunity. Law is definitely a field that I am heavily considering, so I feel like this is a great opportunity to get a start. Thank you. James Lewis: Good morning to you all. My name is James Lewis. First and foremost, I'd like to thank God for this, having this opportunity to speak to you all. I reside in District 3. I reside in Overtown, and I attend Law Enforcement Officers Memorial. Chair King: It's District 5. Mr. Lewis: District 5, my bad. Chair King: District 5, son, District 5. Mr. Lewis: Apologies, District 5. I attend -- Vice Chair Carollo: Hey, he wants to be in District 3, don't discourage him. He's heard all the good things we're doing. Chair King: It is the County District 3. Vice Chair Carollo: Yeah. Chair King: It is the County District 3, but it's the City -- Commissioner Diaz de la Portilla: It's County District 3. Chair King: -- you -- I'm repping you. It's the City District 5. City of Miami Page 19 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Mr. Lewis: Thank you. I attend Law Enforcement Officers Memorial. I'm an incoming senior, you know, one more year. And I'd like to thank you guys for having me and to give me this opportunity to be a part of Eco Planet Earth, to have an opportunity to learn, and to get paid as well, you know. One of the most important things I've learned in this internship is learning business and learning the business aspects of things, you know, marketing, profiting, and commercials, billboards, E-T-C (et cetera). It's a plethora of things I've learned. And I'd just like to thank you guys for that. Chair King: Thank you. Gabriel Diaz: Hi, my name is Gabriel Diaz, and I'm an upcoming sophomore at Barbara Goleman Senior High School. While I might not be like directly affiliated with like the City of Miami and like be in it, I still like being like part of the community and like giving my like personal (UNINTELLIGIBLE). Like I just want to thank all of you guys like even like in this program like being an intern I 've been able to learn a lot about like the climate and everything and like seeing you guys make like such efforts and like public policy and everything is like really inspiring to me. The only thing I'd like to say is that it is really concerning like how like bad the temperatures have gotten and like sharing (UNINTELLIGIBLE) like with some of the other people here. I'd like to see that change made in the future because like even like with me and my coworkers like going to activities, it's kind of scary that we have to consider the heat and everything, so like consider the possible dangers that it would be of us going outside. Like whether it be through new infrastructure or something, I'd like to see like that change made in the future. But overall, thank you guys for like all the efforts. Chair King: Thank you. Good morning. Janette Janero: Good morning. My name is Jeanette Genera. I live in 175 Southwest 24th Road. And I'm here because I loved growing up in Miami and it is an honor and a privilege to be able to raise my three children in Miami. We have beautiful parks, but unfortunately it has been so hot that the kids, we can't really safely enjoy them. I propose that we have splash pads or perhaps some misters that can be controlled on demand that will greatly help cool off the children. Also I live very close to Simpson Park, and it was such a great location for my children to be able to attend. So, if we could be able to use the facility there again free of charge, that would be great. Thank you very much. Commissioner Reyes: Ma'am. Chair King: Thank you. Commissioner Reyes: Excuse me, where do you live, ma'am? Unidentified Speaker: Ma'am? Commissioner Reyes: Ma'am, where do you live? Ms. Janero: I live in 175 Southwest 24th Road. Commissioner Reyes: 24th Road? Ms. Janero: 33129. Commissioner Reyes: Okay, have you tried the new pool in Shenandoah? City of Miami Page 20 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Ms. Janero: We share one car, my husband and I. So every -- Commissioner Reyes: You can walk there. Ms. Janero: Yeah, everywhere that we go, we walk to. Commissioner Reyes: Well, you can walk there. It's on 19th Avenue and -- I mean, 21stAvenue and 19th Street. It's a brand-new pool. It's an Olympic pool, and we have -- children under 17, they're free, okay. Ms. Janero: Excelle Reyes. M. Janero: Alright. Commissioner Reyes. M. Janero: Thank Commissioner Reyes. ent. Vice Chair Carollo: in Jose Marti Park. probably closer than • And it's open and we also have swimming classes. • Okay? you very much. • Try it. It's brand new, okay. By the way, you also have another one in the district you live in, Jose Marti Park, you have another pool with classes, and it 's Shenandoah pool. Ms. Janero: Yeah. Vice Chair Carollo: So you got two you could pick from. Commissioner Reyes: You got options. Commissioner Diaz de la Portilla: Where do you live? Ms. Janero: Oh, I live in the Roads. Commissioner Diaz de la Portilla: In the Grove. Ms. Janero: 24 -- the Roads, 24th and 2nd Avenue. Commissioner Diaz de la Portilla: Yes. Ms. Janero: Yes. Chair King: Good morning. Good morning. Maji Ramos: Hi, good morning. My name is Maji Ramos. I live in Morningside, 555 Northeast 56th Street. I have several items to review. I do have some photos that we took recently, a neighbor of mine took actually this week, of the bay. This is regarding the excessive heat, the pocket item that Commissioner Sabina Covo has presented. And we thought it was important for you to see what is actually going on this week with the bay, and this is not even considering the torrential rains that are going to be happening, which is going to cause major issues. So this is -- we already have fish kill. We are taking photos every day. This is this week, maybe three days ago. Vice Chair Carollo: Where is this at? City of Miami Page 21 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Ms. Ramos: Morningside Park, the bay off of Morningside Park. Actually, I'm not actually -- it could be along the bay. There's a couple of areas where this could be, but it 's in Morningside. But this is what 's happening. And this is from the excessive heat. As we know, the excessive heat is a very serious issue, not only for us as humans, but for wildlife, for the ocean, for the bay. It's a very big problem. We're like on the front line. Look at this, this is crazy. Vice Chair Carollo: Are you seeing a lot offish that are dead yet? Ms. Ramos: Not a lot yet, not yet, but after the rains we're expecting that. And we're going to be monitoring it very closely and I 'm going to be sending photos to all of you on all of this, as well as the other team members that are very concerned with this. So, in 2020 -- okay, so this was a few nights ago. In 2020, we had massive fish kill. I don't even need to show you those photos, I'm sure you remember that. This is very concerning. Yesterday I attended a meeting that Mayor Daniella Levine Covo [sic] had regarding the excessive heat and some ideas that they have. I believe very firmly -- and I think they're going to be promoting this -- that we need -- just like we have a hurricane plan, we need a heat plan. We need a rainy season plan, and part of that might include all of these communities, all these homes that have septic tanks. Maybe they need to empty their septic tanks at the beginning of rainy season, right before rainy season. Maybe in the -- you know, at the beginning of the spring. That might be one option. There's different options that they're going to be rolling out. We need to take this very seriously. I'm telling you, the bay is dying. And they're already -- there's a program that 's called the -- Chair King: Thank you. Ms. Ramos: Okay. I do have a couple of other items. Can I go on to other --? Chair King: You just hit your two minutes and look at everybody waiting. Ms. Ramos: Okay, can I -- after they speak, can I maybe come back (INAUDIBLE)? Chair King: No, you get two minutes. Ms. Ramos: Okay, thank you. Chair King: Thank you. Todd B. Hannon (City Clerk): Chair, if I could just have the speaker's name. Ms. Ramos: I'm sorry? Mr. Hannon: Your name? Just for -- Ms. Ramos: Maji Ramos. Mr. Hannon: Thank you. Chair King: Good morning. David Malinowski: Good morning. My name is David Malinowski. I am the treasurer of Miami Society Group 3036, Polish National Alliance, PNA. Miami Society Group 3036, PNA, is a local charity for the South Florida Polish community founded in 1950. I am here because we are the first mortgage holders of the Polish American Club of Miami, PACM, listed in today's agenda as PZ.11 and PZ.12. Our City of Miami Page 22 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 first mortgage was recorded on August 19, 2004, title number 723617. Today, our Board of Directors has made the decision not to sign the requested joiner from PACM because our first mortgage has not been satisfied in full, and therefore, we will not allow our first mortgage to become subordinate to the Declaration of Restrictive Covenants. What does this mean? It means inspection and enforcement by the City of Miami to enter the property at any time will not be allowed. Why would the City of Miami want to approve the upzoning of the Polish American Club, PACM, if you are not allowed to enter the property? I know this is an internal dispute between our society groups, but I am here because of the necessity to protect and secure our first mortgage. Thank you. Chair King: Thank you. Good morning. Rolinda McCarthy: Hi, good morning. My name is Rolinda McCarthy. I am the Director of Programs for Family Action Network Movement, and I'm here in support of being funded for the CBDG (Community Development Block Grant) and the HOPWA (Housing Opportunities for Persons with AIDS) funding for this year. We are a small community -based organization within Little Haiti. We've been working with our community and communities surrounding us in regards to re-education, economic development, and understanding how immigrants within our community can now come back and be re-educated into our society. And I'm hoping that you guys will consider us for funding this year. Thank you. Chair King: Thank you. Good morning. Elaine Black: Good morning. Chair King: Hi, Ms. Black. Ms. Black: My name is Elaine Black from the Liberty City Trust, and I'm here to support Item Number 14336, the development of a project that has been near to my heart since the early 2000s and that is Yaeger Plaza. I worked with the original Dr. Yaeger, as well as members of his family. Our community have been committed to it. We're very happy to see someone from the community develop property within our area. So, thank you so very much for that. I also want to support Discussion Item Number 1, which is homelessness, which is always a problem in our community. And I'd like to say thank you to the staff at the City for taking action on a number of homeless problems that we've been having in our community. And we want them to continue their good work. Number three, heat is major. We are very involved with resilience and other programs that relate to the quality of life of our residents. So whatever we can do to create heat locations where individuals can have a cooling center, we want to do that. We do have Hadley Park and our goal is to have that as a cooling center. Thank you so very much for all you do. Chair King: Thank you. Good morning. Merline Barton: Good morning. Good morning. My name is Merline Barton, Thelma Gibson Health Initiative. First and foremost, Madam Chair, Commissioners, thank you for the continued support of our programs on behalf of the residents of Coconut Grove and Miami -Dade County. I have to bring my -- I have to bring Mrs. Thelma Gibson who's going to offer a few words. Oh, I'd like to support our sister, PH 9. I'd like to offer our support for you, Carrie. Chair King: Good morning, Ms. Gibson. Thelma Gibson: Good morning, good morning, good morning. City of Miami Page 23 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: How you doing? Vice Chair Carollo: It's Commissioner Gibson. Ms. Gibson: Good morning, everybody. Vice Chair Carollo: Right? Ms. Gibson: I'm Thelma Gibson, at 3661 Franklin Avenue in Coconut Grove. And let me say good morning, distinguished Commissioners and to our Manager and the staff at the legal offices and the Clerk and his staff and everybody. I like to come down here every now and then just to say thank you for all that you all do for us. But the one thing that you haven't done is to change that West Coconut Grove to Little Bahamas. As you scroll across there, you keep seeing West Coconut Grove instead of Little Bahamas. And so I came down really in support of the two items on PH.9 and 10. You know, I'd like to tell a story about Macedonia Baptist Church. Commissioners Carollo and Reyes has heard this story so many times. But I beg for those churches primarily because there were three, all of them were colored back then, back in the 18, 1900s, we were colored. And Macedonia, when they broke off from Union Baptist Church, they started Macedonia Baptist Church for colored people on Evangelist Street. You know, Charles Avenue today was used to be Evangelist Street. And when it was started, the first three churches in Colored Town was founded by Macedonia, St. Paul, and Christ Episcopal Church. And I always come down to beg for them. And today I'm not really begging, I'm just pleading and thanking you for all that you 're going to do for us in request for funding. Thanks to our Manager and our Commissioner who has brought this and I think we have the backing of a couple other Commissioners who would like to say they cosponsored this with our Commissioner Covo. We had some cosponsors, you know. So, I'd like to say -- (UNINTELLIGIBLE) -- you know, because Evangelist Street, as I said, was changed to Charles Avenue and the three churches were founded there, and so I always like to go back and talk about that just a little bit for the new people, but so you know that now. And what we're requesting, working with Congresswoman Wilson, the (UNINTELLIGIBLE) is looking forward to bringing her museum to Little Bahamas, as well as some affordable housing. And you know how desperately we need affordable housing. And if we get the City's help, we can also get the County's help with affordable housing. And so this is why I am here, just to say I support those items. Mr. Joe King will tell you exactly what we 're going to be doing there. But as you know, Commissioner Wilson is taking money out of her own district, bringing it into our district, so that we could have this museum in Little Bahamas. So I just, again, want to thank you. And like everything else, I always have to leave early. As you see I don't -- I get short of breath and -- but I just want you to support our Manager who has brought this with our Commissioner before you to support these two items for Macedonia Baptist Church and Thelma Gibson Health Initiative. Now, Ms. Merline Barton who spoke is the founder. I did not found Thelma Gibson Health Initiative. They just happened to name it for me because they want it to continue in the community with the health needs in our community. And again, I'm just here to say thank you to all of you for all that you do for all of us. Again, thank you. Chair King: Thank you. Commissioner Covo: Thank you. Chair King: Good seeing you, Ms. Gibson. Good morning. Reynold Martin: Good morning. Reynold Martin, 3325 Percival Avenue. On behalf of Grove Rights and Community Equity, as well as the Village West Homeowners and Tenants Association, I'd like to speak on behalf of PH.9 as well. It's a tough act to City of Miami Page 24 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 follow. But listen, in Coconut Grove, no one does it better than Macedonia. I'm a member of St. James Baptist Church and we emulate the work that Macedonia is doing in our community. You know, it takes a village to raise a kid, and Macedonia is doing a wonderful job in raising the kids in our community. I think, though, that with more room, they'll be able to do a better job. When they were constructing the Platform 3750, organizations like HOATA (Homeowners and Tenants Association) and GRACE (Grove Rights and Community Equity) found it necessary to go to Macedonia to have our meetings. And we were welcomed with open arms. I support PH.9 wholeheartedly, and I hope that you, too, will support that initiative. Thank you. Chair King: Thank you. Good morning. Patrick Vilar: Good morning. Patrick Vilar, 1865 Brickell Avenue, Miami, Florida, 33129. I'm an avid pickleball player, and on behalf of hundreds of pickleball players, some of them present here today, I would like to support Commissioner Covo 's proposed resolution to create a sports and -- an advisory board -- Commissioner Covo: For sports and recreation. Mr. Vilar: -- create an advisory board to advise on matters related to the development and operation of recreation facilities because we have an extraordinary need of facilities in Miami -Dade County. An advisory board can shed light on the needs and what can be done about them. If you play pickleball, like me, you have to sometimes drive to Miami Beach and Broward County just to get a game in because the facilities in Miami are not enough. And an advisory board can shed light on this and find the resources of where we can develop this. For this reason, we support Commissioner Covo 's resolution. Thank you. Chair King: Thank you. Vice Chair Carollo: Before -- Chair King: Good -- Vice Chair Carollo: -- he goes, let me give you the good news. Chair King: We have -- Vice Chair Carollo: Maurice Ferre Park, by no later, God willing, next summer, if not before, we're going to have at least four pickleball courts and two paddleball courts. A new park that 's about an acre in Silver Bluff, right across 16th Avenue and US-1, we should have three pickle boards there, but certainly no less than two. At Jose Marti Park, we're coming with at least four pickle boards. And in the new park that 's over six acres in front of the Marlins Stadium, Ruben Dario, will have pickle boards there too, so you're going to have plenty to pick from in the City of Miami. Commissioner Reyes: Let me add that in Coconut Grove by the fire station, we are building a pickle board. And also, we are adding pickleball at every single park in my district, you see. We have it -- we already converted in Bryan Park and West End. When we rebuild them, it 's going to have pickleball, every single one. It is the demand that is going on now, and I assure you that the way that it is going, there's going to be a court in every single park because the demand is so great that every one of us is converting into a pickleball and adding. I'm adding another one in Bryan Park, you see. So, I think I've got to try -- I've never played it -- and see why it is so addictive. City of Miami Page 25 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Mr. Vilar: Come on out. Commissioner Reyes: I will, I will. Go to Bryan Park. There is a pickleball in Bryan Park, okay? (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: Okay, sure. Chair King: Good morning. Felix Del Rosario: Good morning, Chairman. I'm Felix del Rosario, president of the Miami Fraternal Order of Police, Lodge Number 20. And I would like to take the time to thank you, Chairwoman, and all the Commissioners for listening to our concerns when it came to an item and working with us. It shows our appreciation for the support you show for us. I want to thank the business that came out and called your offices to support us. I also want to thank the FOP (Fraternal Order of Police) members that showed up. And I look forward to improving on working on the brand that is the City of Miami Police Department. Thank you. Chair King: Thank you. Good morning, Elvis. How are you today? Elvis Cruz: Very well. Thank you, Commissioner. Commissioner Reyes: Whoa, Elvis. Mr. Cruz: Yes. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Cruz: Thank you. Item RE. 6, the Parks Master Plan, has 49 references to the importance of educational programming in parks, including, Miami needs more plant biodiversity to educate the children about nature. The Parks Department website says educational outreach in partnership with private entities is a top priority. I agree, and I've been giving free educational tours of the Morningside Park Palmetum for nine years. This palm garden has been there since 1953, but it was poorly maintained. So, in 1993, and again in 2015, I asked for and was given permission by the City to adopt it. I've now given 46 tours to 692 people, including Northwestern High, Morningside K-8 Academy, Cushman School, Boy Scouts, and more. We've planted memorial palms like this one for DDA (Downtown Development Authority) Director Alyce Robertson. We have letters of support from Dade County Public Schools, Montgomery Botanical Center, and Fairchild Tropical Garden. Each palm has a custom-made educational sign among the most detailed you'll find at any garden in the world. The City has received 123 new palms, a drip irrigation system, maintenance, fertilizer, educational signs, and educational tours, all completely free of charge. Everyone is invited to the free educational tours. Email morningsidetours@gmail.com to schedule. I asked the Parks Department to mention the free tours on their media, but they said no. And now, some City staffers want to get rid of the palm gardens, the restroom, and the loop road. I've been told I can no longer plant new palms. Why? Because they'd rather have a playing field there, even though Morningside Park already has seven open grassy areas to play, and rarely is one being used at the same time. Commissioners, please protect this educational and beautiful public benefit so it can survive and thrive right where it is. Thank you. Chair King: Thank you. Good morning. City of Miami Page 26 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Lildearrya Willis: Good morning. My name is Lildearrya Willis, and I come to speak on behalf of PH.9. I am born and raised in Coconut Grove, residing at 3520 South Douglas Road, directly across the street from Macedonia Missionary Baptist Church. I am 40 years old, and I am honored to say that with the guidance and leadership from Macedonia, I was able to join the military at the age of 17 because I had a substantial foundation of strength, knowledge, and fortitude to go forth and do what it is that I wanted to do as a human being. I've also been able to achieve my bachelor 's degree in nursing, a bachelor's degree in accounting, as well as an associate's in pre - law. Now I say all that to say that prior to my daughter coming up here to recite, "Hey Black Child," Macedonia has bred and encouraged us by having programs such as ASTEP, which was the program that I attended when I was a child at Macedonia, as well as the VBS, which is also known as Vacation Bible School. These programs are essential for our community because it takes one -- each and every one of us to reach those kids today because we don 't know where the future is headed for tomorrow. We need the foundation, which is God -based, as this emblem says behind us, In God We Trust, so that we can have the foundation to teach our kids, to lead our kids into the future. Now with this bill, we ask that you allow us to expand on the church so that we can allow more kids. This summer we were allowed to house 37 kids, but if we are able to expand upon the building, we can bring more kids that are - - that may have a deficit that are behind and bring them up to speed. In the past five years, I've volunteered with the MCOM, which is Macedonia Community Outreach Ministry, and in the first year when we established the program -- thank you. Chair King: Thank you. Ms. Willis: Appreciate it. Chair King: Good morning. David Ward: Good morning. Good morning, Commissioners. Good morning, Chairman -- Chairwoman, and Vice Chairman. My name is David Ward. I'm a resident of Little Havana. I've been there for the last three to four years and also for five years in the Brickell area. My background, I'm a community association manager, so my focus is to represent my community residents, especially in luxury high-rise condominiums. I'm here to support James Torres and the DNA. I have a general comment just for kind of the proceedings. It's only my second meeting for, you know, the commission meeting. So I'm learning a lot about how the City works in general. There's a lot of correlations how board of directors for condominiums, how we run meetings, and how there's a general manager that tries to assist and represent as an agent for all the commissioners. It 's a difficult job. It's probably a thankless job. You get mostly probably criticisms more than you do praise. So thank you in general to all five commissioners. The one thing I would like to say, the most famous quote maybe from our mayor, he's been a great mayor in my opinion, a lot of positives he brought to the City, Formula One, World Cup, technology, all these entrepreneurs coming to the City, but he said, "How can I help ? " I would say, "Mayor, my message to you, how can you help? You can attend the meetings." We need leadership in the City of Miami. Hopefully, there's no family emergency for the City Mayor, family first, you know, if that's why he's not in attendance, of course, that would be a consideration. But my concern as a resident is Miami right now, not the United States, not beyond my county. So the last thing I would say is in condominiums, if there is a material alteration, it requires in many documents a 75 percent vote by all of the members. I know it's not the same rule probably for the City, but just as something to consider, if all of the residents that this would affect for the LED vote, I think it's FR.2, it 's more than 75 percent passed it as all owners/residents in the areas that you 're proposing, I mean that's a clear slam dunk that that's what the residents want. This is something to think about. I think it's a material alteration for the City. I like being, you know, creative about how to save City of Miami Page 27 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 budgets and have income for your city. That's what we do in condominiums, but we want to have more open discussion. So thank you all. Chair King: Thank you. Good morning. Samuel Latimore: Good morning. Chair King: Hey, Professor Latimore. Mr. Latimore: Good morning. Good morning, Chairwoman King and the other Commissioners on the dais. First of all, I would like to say to you, Ms. Nancy Dawkins sends her greetings. She always asks me what I'm going to be talking about and whether they're going to be dealing with the children. As you know, she's been a fighter for children all her life. At the age of almost 100, she's still fighting for children. She is a member of the Charles Hadley Neighborhood Association. But my real agenda this morning was to talk with you and to commend the David Rosemond who is over the Homeless Trust. I understand the DI was up for discussion, and I want to say to you all, having been dealing with the last week with two homeless females with children that had no place to go until I called David and his group. Sergio Torres was the leader, was very helpful in getting us to place those women today. One young lady had four children, one young lady had one child and she 's eight months pregnant and I'm supposed to be taking her to the doctor 's office today. I want to say to you all that the homeless population is a real issue here. For those of -- I spent 16 years as a police officer in charge of the Community Services Division. I ran a police academy, but my immediate response to the streets is I'm appalled that so many young black males and black females and seniors are finding themselves homeless. So I would like to commend David Rosemond because it's his number I called at 12 o'clock at night. And if my voice sounds hoarse, I haven 't had any sleep because I've been trying to get these women placed. The last thing I want to say very quickly is that I support Item 14336 for the Yaeger Clinic. I think that would be an outstanding win for that. And also, commend you all for your help with the heat issue that many of our homeless are experiencing. We never know where we may be, but our homeless population here, ladies and gentlemen, unlike pickleball, these are real bodies that sleep on the street, and I would encourage you to commend and support that unit. Thank you and have the best day possible. Chair King: Thank you. Good morning. Allington Pollock: Grand rising to all the members of the board, and to all your colleagues, whether agreeable or disagreeable. I'm here today about the Unam Sanctam Doctrine of Discovery Operations. I don't know if you're familiar with Unam Sanctam Doctrine of Discovery Operations on the community while dealing with certain things with police officers and their processes while dealing with the Aborigine people and a system in place where we can immediately situate the status of the people. And also, maybe some schooling on the bill of exchange and possibly placing this in the school to teach the children so that they know the proper steps on how to handle -- how to live life without needing assistance from the government. And the processes that lead into common law that 's supposed to be in the education systems for the children so that when they become adults, we don 't have this homeless situation when they can learn how to properly re -admit their bills and how to create trusts with their birth certificates. Like, you know, doing the processes in a proper way, like setting up programs so that we can have common knowledge on these type of situations that are hindering the people on a day-to-day situation. That's why I'm here, to speak on also the police officers in wrongful arrests and crimes that they put in a system and there's no due processes in these cases. Chair King: Thank you. City of Miami Page 28 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Mr. Pollock: Alright. Chair King: I think you're here for the CRA (Community Redevelopment Agency) agenda. Ijamyn Gray: Grand rising, kings and queens. My name is Brother Ijamyn Gray. I'm here to speak on PH.9. I am a proud resident and former resident of Coconut Grove, born and raised, and I also attend Macedonian Missionary Baptist Church, which is the oldest black church in Miami -Dade County. Also, Coconut Grove is the oldest black community in Miami -Dade County. So I'm just coming here asking that you continue to support that item and because this item has -- Macedonia has helped so many of us to accomplish our dreams through different programming, through different opportunities. Me, myself coming from Coconut Grove, my mom and everyone is raised coming through Macedonia and those programs have really helped us. So we ask that you help us by expanding the church and helping them to just bring more youth to get off the streets and learn about the programs that they have going on. So, thank y'all, and I'm here representing all the kids in Miami -Dade County. Chair King: Thank you. Good morning. Luimar Zibetti Garza: Good morning. My name is Luimar Zibetti Garza, and I would hope through a show of hands how many people here are actually homeless? Homeless. In that regard, I do want to make clear to all of you and since Mr. Reyes has left, some of the items that you 've all passed have been detrimental to the homeless. And I've already had a conversation with Sabina Covo yesterday, and I told her I did not wish to air dirty laundry. And so perhaps you can speak to him about some of the items that we spoke about so that we can get rid of some unnecessary items that had been passed over the summer. As far as the heat is concerned, it is hot, but it is not impossible. Being homeless, I'm out there 24/7. And I appreciate the cooling stations, but I also appreciate the fact that perhaps we could have the saturated with Freemason police officers treat us with a little bit more respect. And under that criteria, when the gentleman here said that everything that you've continued for a few months is going to -- you're going to have to republish and repay for things, I was noticing that there is a lot of the phrase called that it would -- waiving the requirements for competitive sealed bidding as it would not be practical or advantageous. To me, that 's reeks of nepotism. You have all your items here, stepping aside from your regulation of having competitive bidding. And I have noticed for a year and a half two years, that I 've come to these meetings that you are always waiving competitive bidding. And I would behoove you to cease doing that because it comes across as you are picking -- cherry picking the people that you wish to give all these millions of dollars to. And I'm not going to go through it because obviously I have like 12 seconds left, but I'm going to ask all of you to do a little bit better in dealing with the homeless. I have been here and turning off water spigots that some of us use to hygiene, hopefully during the dawn hours so that we don't interfere with people, that you'll be a little bit more considerate. Thank you. Chair King: Thank you. Good morning. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. I want to support PH.9. And I'm concerned about FR.2, even though it is being changed, it will be modified I guess eventually. I do have a little concern about the homeless. I represent over 300 businesses in Miami -Dade County with the Chamber, and as it is, sometimes homeless tend to be a little bit aggressive with the rest of the business or the patrons who come to businesses. We appreciate the help from the City of Miami Police Department who tried to give us a hand, but we all need to understand, we need our business to be clear of homeless. We want to help the City of Miami Page 29 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 homeless and that's the reason we pay for the Homeless Trust to supposedly deal with the homeless. So, where is the money that we all pay to the Homeless Trust to deal with 600, 700 homeless that we have in our City of Miami or in the County? And I hear the lady stating that she is homeless. Many services are provided for the homeless that they choose -- and this is the key -- they choose not to accept. Why the businesses who pay for almost all the services they receive and residents of the City of Miami or the County have to deal with them not to want to receive any services, but they block the sidewalk, they push people, they ask for money, they ask for food, they throw the trash everywhere. They do their business in front of the sidewalk or in front of our kids. If we do it, we go to jail. So, if we're going to talk about homeless, let's be realistic, please. Thank you. Chair King: Thank you. Applause. Chair King: At this time, I'm going to conclude the public comment period of this meeting. Seeing no one else here to speak on behalf of any of the items for the Commission meeting today, public comment period is now closed. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - City Commission Meeting - May 25, 2023 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: For my colleagues, may I have a motion to approve the minutes from the City of Miami Commission meeting May --? I have a motion. Commissioner Covo: Second. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: The City of Miami Commission meetings for May 25th are approved. MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 30 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes CA.1 RESOLUTION 14205 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SITE ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH COMMUNITY DEVELOPERS LTD. ("CDL") TO GRANT ACCESS TO CITY OF MIAMI CONTRACTORS IN ORDER TO CONDUCT ENVIRONMENTAL SITE ASSESSMENTS AND REMEDIATION FOR APPROXIMATELY 5.11 ACRES OF LAND LOCATED AT FOLIO NUMBER 01-4120-004-0260 ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS WITH CDL, INCLUDING AMENDMENTS, RENEWALS, OR EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS AND IN COMPLIANCE WITH APPLICABLE SECTIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ALL OTHER APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0320 This matter was ADOPTED on the Consent Agenda. Chair King: May I have a motion to approve the consent agenda, CA.1, 2, 3, 4, 5, 6, 7, 8? Commissioner Diaz de la Portilla: So moved. Commissioner Covo: Second. Victoria Mendez (City Attorney): Madam Chair, on CA.4, I believe we have an extra right-of-way deed now, a seventh right-of-way deed. Chair King: Yes, as amended. Ms. Mendez: Thank you. Chair King: CA.4 will be as amended. Commissioner Diaz de la Portilla: So moved as amended. So moved as amended. Vice Chair Carollo: Hold on. Okay. City of Miami Page 31 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. I'd like to take the pocket items now. Vice Chair Carollo: Okay. Chair King: May I have a motion for Pocket Items 1 through 7? Commissioner Diaz de la Portilla: So moved. Todd B. Hannon (City Clerk): Chair? Commissioner Reyes: Madam -- Commissioner Covo: No. Chair King: Hold on, hold on. Commissioner Diaz de la Portilla: I'm going to move. Chair King: I'm just asking -- then we can say which ones you want to discuss if you Commissioner Reyes: Hold on one second. Chair King: Hold on, Todd is holding his hand up, that means we 're doing something wrong. Mr. Hannon: So, it's my understanding that PZ.1 -- PI (Pocket Item) -- Chair King: PI.1. Mr. Hannon: -- PI.1, 2, 3, 4, and 5 are all resolutions. PI.6 is a discussion item, and PI.7, Commissioner Carollo, will be a resolution? That's the one that you had brought up a little earlier, I think, in the Grove, Natoma Manors. Or did you want to --? Vice Chair Carollo: Well, I'd rather bring those back in the afternoon. Chair King: So, 7 -- P -- Vice Chair Carollo: (INAUDIBLE) work on that. Chair King: So, you 'd like to do 7 in the afternoon? Commissioner Diaz de la Portilla: Why don't we just do all the pocket items in the afternoon? Because I have some questions also, and I think Commissioner Reyes may have some. I think Commissioner Covo -- Commissioner Covo: I have a present -- Commissioner Diaz de la Portilla: -- has some. Commissioner Covo: And I have a little presentation as well. City of Miami Page 32 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 CA.2 14149 Department of Fire - Rescue Commissioner Diaz de la Portilla: Unless you want to have -- Vice Chair Carollo: Yeah. Commissioner Covo: Right. Chair King: Alright. Commissioner Diaz de la Portilla: Unless you want to have a long debate about it. Chair King: Alright. If it's the will of the body, we'll do the pocket items in the afternoon. Commissioner Diaz de la Portilla: Yes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A FEDERALLY -FUNDED SUB -AWARD AND GRANT ("GRANT") FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY'S FEDERAL EMERGENCY MANAGEMENT AGENCY PASSED THROUGH THE STATE OF FLORIDA'S DIVISION OF EMERGENCY MANAGEMENT TO THE CITY OF MIAMI ("CITY") FOR THE REIMBURSEMENT OF EXPENSES ATTRIBUTABLE TO HURRICANE NICOLE; ESTABLISHING A NEW SPECIAL REVENUE PROJECT, TITLED "NICOLE CAT-B PROTECTIVE MEASURES," CONSISTING OF SAID GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, INCLUDING ANY AND ALL NECESSARY DOCUMENTS, AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT AND COMPLIANCE WITH THE TERMS AND CONDITIONS THEREOF. ENACTMENT NUMBER: R-23-0321 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see Item Number CA.1. City of Miami Page 33 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 CA.3 RESOLUTION 14136 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000.00), IN THE FORM OF A REIMBURSEMENT GRANT ("GRANT"), FROM THE CHILDREN'S TRUST ("TRUST") TO THE CITY OF MIAMI ("CITY") FOR THE CITY'S DEPARTMENT OF GRANTS ADMINISTRATION'S EDUCATION INITIATIVES ("DEPARTMENT") FAMILIES FIRST PARENTING PROGRAM ("PROGRAM") HELD AT VARIOUS ELEMENTARY SCHOOLS AND CHILD CARE CENTERS WITHIN THE CITY; ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "THE CHILDREN'S TRUST GRANT FOR EDUCATION INITIATIVES 2023-2024 FAMILIES FIRST PARENTING PROGRAM," TO ACCEPT THE GRANT; APPROPRIATING THE GRANT FUNDING IN THE AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000.00), WITH NO CITY MATCH REQUIRED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE AN AGREEMENT WITH THE TRUST, INCLUDING ANY AND ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE BY THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD FOR SAID PURPOSES, FOR THE PERIOD COMMENCING OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024, WITH THE OPTION TO RENEW FOR UP TO FIVE (5) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT - TO -EXCEED AMOUNT UNDER THE SAME TERMS AND CONDITIONS FOR THE PROGRAM, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0322 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. CA.4 RESOLUTION 14180 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING SIX (6) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("DEEDS"), FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEED. ENACTMENT NUMBER: R-23-0323 This matter was ADOPTED WITH MODIFICATION(S)on the Consent Agenda. City of Miami Page 34 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 Note for the Record: For minutes referencing Item Number CA.4, please see Item Number CA.1. CA.5 RESOLUTION 14266 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SITE ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO GRANT FDEP AND ITS CONTRACTORS ACCESS TO CITY OF MIAMI ("CITY") PROPERTY LOCATED AT 3900 THOMAS AVENUE, ALSO KNOWN AS CITY OF MIAMI FIRE RESCUE TRAINING CENTER (FOLIO NO. 01-4120-032-0010) AND 4000 GRAND AVENUE, ALSO KNOWN AS ESTHER MAE ARMBRISTER PARK (FOLIO NO. 01-4120-003-0010) ("PROPERTIES") TO CONDUCT ENVIRONMENTAL SITE ASSESSMENTS OF THE PROPERTIES FOR A PERIOD OF ONE (1) YEAR; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS WITH FDEP, INCLUDING AMENDMENTS, EXTENSIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, WITH FDEP SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS AND IN COMPLIANCE WITH APPLICABLE SECTIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0324 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. CA.6 RESOLUTION 14258 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF GWENDOLYN JOHNSON, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $99,000.00, 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 $98,900.00 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-23-0325 City of Miami Page 35 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 CA.7 14238 Office of the City Attorney CA.8 14240 Office of the City Attorney This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AGATHA WRIGHT, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $90,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED AGATHA WRIGHT VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 19-021608CA01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-23-0326 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY DAISY SEALY, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $135,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED DAISY SEALY VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2021-25337 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-23-0327 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.8, please see Item Number CA.1. END OF CONSENT AGENDA City of Miami Page 36 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PH.1 14193 Department of Housing and Community Development PH - PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING AN AMOUNT NOT TO EXCEED $509,280.80 IN AMERICAN RESCUE PLAN FUNDS TO THE AGENCIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR ELDERLY MEALS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, AND ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0328 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: Let's move along to the PH (Public Hearing) items. May I have a motion to move PH 1, 2, 3, 4, 6, 8, 9, 10, and 11? Commissioner Diaz de la Portilla: I'll move it. Commissioner Covo: Second. Victoria Mendez (City Attorney): Madam Chair, there's a few things -- Commissioner Reyes: That they are four -fifth. Ms. Mendez: Right, so -- Chair King: It's five of us here. Commissioner Reyes: I mean, if -- we can -- you can move it and we vote them. Commissioner Diaz de la Portilla: Yeah, not -- Chair King: Right, right, right. Commissioner Reyes: We got more than four here, right? Commissioner Diaz de la Portilla: Unanimously, yeah. Chair King: Right. Commissioner Reyes: That's right. City of Miami Page 37 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: Right. Ms. Mendez: Alright, so PH.4, I believe, was going to be amended due to -- it's an LHAP (Local Housing Assistance Plan) reso (resolution). PH -- Chair King: PH.3 and PH.4 as amended? Commissioner Diaz de la Portilla: No, 4, 4. Todd B. Hannon (City Clerk): No, the City -- Madam City Attorney is correct. PH.4 is to be -- Commissioner Diaz de la Portilla: 4. Mr. Hannon: -- amended and PH. 6. Commissioner Diaz de la Portilla: Correct. Commissioner Reyes: Okay. Ms. Mendez: Right, and then -- Commissioner Reyes: So, you move it as amended? Chair King: As amended. Commissioner Diaz de la Portilla: I move it as amended. Commissioner Reyes: I second it as amended. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Oh, I'd like to be added as a sponsor for PH 9, please. Commissioner Reyes: So would I. Chair King: Commissioner Reyes as well would like to be added as a sponsor for PH 9, and I want to make sure that you have me -- Commissioner Reyes: And -- Chair King: -- as a sponsor for PH.3. Commissioner Reyes: -- and PH.11 also, I want to be a co-sponsor. Vice Chair Carollo: Include me as a sponsor. Chair King: For PH? Vice Chair Carollo: 8, 9, 10, 11. Commissioner Reyes: That's right, yes. City of Miami Page 38 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: Commissioner Carollo would like to be shown as a sponsor for PH.8, 9, and 11 --10. Commissioner Reyes: 10 and 11, so will I. Chair King: Commissioner Reyes as well. Commissioner Reyes: Include me as a co-sponsor in all of those, please. Chair King: Me too, Todd. Commissioner Diaz de la Portilla: Also Todd -- Madam Chair. Chair King: Yes. Commissioner Diaz de la Portilla: Include me in PH.8, 9, 10, and 11 as well. 11 is mine so -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- 8, 9, and 10. Commissioner Covo: I also want to sponsor one, one second. Commissioner Reyes: Okay. Vice Chair Carollo: Ain 't it so nice that just before the summer recess -- Commissioner Diaz de la Portilla: Yeah, right before lunch. Vice Chair Carollo: -- we're getting along so good. Commissioner Diaz de la Portilla: Yeah, wait `til September. Chair King: It's a -- Vice Chair Carollo: That is wonderful. That is wonderful. Chair King: It's a unanimous for 8, 9, 10, and 11. Commissioner Diaz de la Portilla: September is coming. Commissioner Reyes: We are close to a vacation, to a break. Chair King: Commissioner Covo? Commissioner Covo: No, I'm good. We're not there yet. Chair King: You're -- okay. City of Miami Page 39 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 PH.2 14181 Department of Housing and Community Development PH.3 14176 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI ("CITY") ANNUAL ACTION PLAN FOR FISCAL YEAR ("FY") 2023-2024, ATTACHED AND INCORPORATED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO SUBMIT THE ANNUAL ACTION PLAN FOR FY 2023-2024 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") FOR REVIEW AND APPROVAL; 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-23-0329 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.2, please see "Public Comments for all Item(s)" and Item Number PH.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S SINGLE FAMILY REHABILITATION PROGRAM AND SINGLE FAMILY REPLACEMENT HOUSING PROGRAM (COLLECTIVELY "PROGRAMS") POLICIES IN ORDER TO INCREASE THE MAXIMUM AMOUNT OF SUBSIDY FOR THE PROGRAMS, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, BY USING COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS AS WELL AS STATE HOUSING INITIATIVE PROGRAM ("SHIP") FUNDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0330 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.3, please see "Public Comments for all Item(s)" and Item Number PH.1. City of Miami Page 40 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PH.4 14228 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT TO THE CITY OF MIAMI ("CITY") LOCAL HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR ("FY') 2019-2022 AND FY 2022-2025, TO INCORPORATE THE CHANGES MADE TO THE SINGLE FAMILY REHABILITATION PROGRAM, THE SINGLE FAMILY REPLACEMENT HOME PROGRAM, AND THE EMERGENCY HOME REPAIR ASSISTANCE PROGRAM, RESPECTIVELY; FURTHER AUTHORIZING THE CITY MANAGER TO SUBMIT THE CHANGES IN THE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; 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-23-0331 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.4, please see "Public Comments for all Item(s)" and Item Number PH.1. PH.5 RESOLUTION 13971 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ROSA 55 MORNINGSIDE LLC, FOR A PEDESTRIAN BRIDGE OVER AND ACROSS THE CITY OF MIAMI'S RIGHT-OF-WAY KNOWN AS NORTHEAST 55 STREET BETWEEN 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD MIAMI, FLORIDA, PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH CERTAIN USER FEES REQUIRED; MAKING FINDINGS; REQUIRING A COVENANT RUNNING WITH THE LAND; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF THE EASEMENT; APPROVING AND AUTHORIZING THE RECORDATION OF THE EASEMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PH.5 was deferred to the October 26, 2023, City Commission Meeting. City of Miami Page 41 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 Note for the Record: For minutes referencing Item Number PH.5, please see "Order of the Day." PH.6 RESOLUTION 14174 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF GRANTS ADMINISTRATION, EDUCATION INITIATIVES THAT EXCEPTIONAL CONSULTING EDUCATIONAL LEADERS, INC., FLORIDA FOR -PROFIT CORPORATION, IS THE MOST QUALIFIED FIRM TO PROVIDE INSTRUCTION, FAMILY ACTIVITIES, MENTORING, COMMUNITY WORKSHOPS AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH PARENTING SERVICES AT VARIOUS CHILDCARE CENTERS WITHIN THE CITY FOR THE FAMILIES FIRST PARENTING PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE SERVICE AUTHORIZATION LETTERS, PROFESSIONAL SERVICES AGREEMENTS, AND AMENDMENTS, EXTENSIONS AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN COMPLIANCE WITH THE RELATED FORM OF THE CHILDRENS TRUST CONTRACT, RESPECTIVELY, WITH EXCEPTIONAL CONSULTING FOR EDUCATIONAL LEADERS, INC, IN AN AMOUNT NOT TO EXCEED EIGHTY THOUSAND DOLLARS ($80,000.00), FOR A PERIOD COMMENCING OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024, WITH THE OPTIONS TO RENEW FOR UP TO ONE (1) ADDITIONAL SIMILAR PERIOD AT THE SAME NOT TO EXCEED AMOUNT AND UNDER THE SAME TERMS AND CONDITIONS. ENACTMENT NUMBER: R-23-0332 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.6, please see Item Number PH.1. City of Miami Page 42 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PH.7 14309 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), FOR THE PROVISION OF EXTRA -DUTY DETAIL SCHEDULING AND MANAGEMENT SERVICES FOR THE CITY'S POLICE DEPARTMENT AT NO COST TO THE CITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ROLLKALL TECHNOLOGIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR SAID PURPOSE AT NO COST TO THE CITY FOR A PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS AND PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, BUT NOT LIMITED TO, THE CITY'S PROCUREMENT ORDINANCE, ANTI - DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PH.7 was deferred to the September 14, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.7, please see "Order of the Day" and "Public Comments for all Item(s)." City of Miami Page 43 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PH.8 RESOLUTION 14312 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($750,000.00) TO ADVOCATE PROGRAM, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("ADVOCATE PROGRAM"), AS FISCAL AGENT TO THE MIAMI FOUNDATION FOR MENTAL HEALTH, INC. ("FOUNDATION"), IN ORDER TO ESTABLISH THE OPERATIONAL INFRASTRUCTURE OF THE MIAMI CENTER FOR MENTAL HEALTH AND RECOVERY ("CENTER") LOCATED AT 2200 NORTHWEST 7 AVENUE, A FACILITY WHICH WILL PROVIDE A COMPREHENSIVE ARRAY OF INTERDISCIPLINARY AND CROSS -ORGANIZATIONAL TREATMENT SERVICES FOR INDIVIDUALS WITH SERIOUS MENTAL ILLNESSES, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ADVOCATE PROGRAM, INC., SUBJECT TO ADVOCATE PROGRAM PROVIDING THE REQUESTED INFORMATION TO THE SATISFACTION OF THE CITY AS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0333 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.8, please see Item Number PH.1. City of Miami Page 44 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PH.9 RESOLUTION 14315 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE DISTRICT 2 SHARE OF THE CITY'S MIAMI FOR EVERYONE ("MFE") PROGRAM, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED NINETY SEVEN THOUSAND, ONE HUNDRED EIGHTEEN AND 00/100 DOLLARS ($397,118.00) ("FUNDS") TO MACEDONIA MISSIONARY BAPTIST CHURCH OF MIAMI, INC, A FLORIDA NOT FOR PROFIT CORPORATION ("MACEDONIA"), IN ORDER TO CONSTRUCT AND COMPLETE A NEW CLASSROOM ANNEX AT THE MACEDONIA OWNED PROPERTY LOCATED AT 3515 S. DOUGLAS ROAD ("PROJECT") WHICH WILL, UPON COMPLETION, PROVIDE DEDICATED LEARNING SPACE FOR AFTER SCHOOL TUTORING AND SUMMER PROGRAMMING WHICH WILL EXPAND EDUCATIONAL OPPORTUNITIES AND IMPROVE THE READING ABILITY OF STUDENT'S PRE-K THROUGH 8TH GRADE, AND WILL FURTHER CREATE ADDITIONAL SPACE TO ACCOMMODATE OTHER COMMUNITY PROGRAMMING, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0334 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.9, please see "Public Comments for all Item(s)" and Item Number PH.1. City of Miami Page 45 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PH.10 14316 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S), ATTACHED AND INCORPORATED AS EXHIBIT "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; ALLOCATING FUNDING AS A LOAN IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($3,500,000.00) FROM THE DISTRICT 2 SHARE OF THE CITY OF MIAMI'S MIAMI FOR EVERYONE ("MFE") PROGRAM ("GRANT"), TO THELMA GIBSON HEALTH INITIATIVE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), FOR THE DEVELOPER TO ACQUIRE ONE (1) OR MORE OF THE PARCELS DESCRIBED IN EXHIBIT "C," ATTACHED AND INCORPORATED, ON WHICH THE DEVELOPER WILL CAUSE TO BE CONSTRUCTED A NEW AFFORDABLE HOUSING DEVELOPMENT TO BE KNOWN AS 3710 GRAND MIXED USE PROJECT ("PROJECT") THAT WILL CONTAIN NO LESS THAN TWENTY-THREE (23) CITY -ASSISTED RESIDENTIAL RENTAL UNITS FOR ELIGIBLE RESIDENTS WHOSE ANNUAL INCOME EQUAL TO OR LESS THAN EIGHTY PERCENT (80%) OF AREA MEDIAN INCOME ("AMI") AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AS DESCRIBED IN EXHIBIT "D", SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE APPROVAL OF THE PROJECT BY THE CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE ("HCLC APPROVAL") AND SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN AND IN THE HCLC APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA, LOCAL, AND CITY LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS AND MFE FUNDS AND ENACTMENT NUMBER: R-23-0335 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number Ph.10, please see "Public Comments for all Item(s)" and Item Number PH.1. City of Miami Page 46 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PH.11 14318 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE DISTRICT 1 SHARE OF THE CITY OF MIAMI'S: MIAMI FOR EVERYONE ("MFE") PROGRAM, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND DOLLARS ($3,500,000.00) ("GRANT") TO LIGA CONTRA EL CANCER, INC., A FLORIDA NOT FOR PROFIT CORPORATION, ("LA LIGA"), IN ORDER TO PROVIDE CANCER CARE SERVICES, INCLUDING CANCER -RELATED HOSPITAL PROCEDURES, CANCER -RELATED SURGERY, RADIATION THERAPY, IN -OUT PATIENT CARE, PREVENTATIVE SERVICES, PAP TESTS, MAMMOGRAMS, PSA SCREENINGS, RADIOLOGY SCANS, LABORATORY SERVICES, CHEMOTHERAPY, AND MEDICINES TO UNINSURED AND OR LOW-INCOME ADULT CANCER PATIENTS RESIDING IN THE CITY OF MIAMI, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0336 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.11, please see Item Number Ph.1. END OF PUBLIC HEARINGS City of Miami Page 47 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 RE - RESOLUTIONS RE.1 RESOLUTION 14122 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI ("CITY") FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024; AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT BOTH SAID PROPOSED MILLAGE RATE AND THE STATUTORILY DEFINED ROLLED BACK MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE MIAMI-DADE COUNTY TAX COLLECTOR TOGETHER WITH THE DATES, TIMES, AND LOCATION OF THE CITY'S PUBLIC BUDGET HEARINGS AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. ENACTMENT NUMBER: R-23-0319 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Reyes ABSENT: Diaz de la Portilla, Covo Chair King: Look how we 're moving through this agenda. Okay, what time is it? 11 -- okay. Do we have --? You guys want to take up the planning and zoning items now? Vice Chair Carollo: We can't. Chair King: We cannot? Vice Chair Carollo: No, they're setfor -- what time are they setfor? Todd B. Hannon (City Clerk): They could be heard at 9 a.m. Commissioner Reyes: Yes. Chair King: Yeah. Mr. Hannon: The Code was changed to allow them to be heard earlier now. Yes, sir. Chair King: So, would we like to -- Vice Chair Carollo: (INAUDIBLE). Commissioner Diaz de la Portilla: Yeah. Chair King: Okay, because we have a choice. We can do the discussion items, or we can go with the planning and zoning items. City of Miami Page 48 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Arthur Noriega (City Manager): Madam Chair. Commissioner Diaz de la Portilla: Let's do the discussion -- discussion items. (COMMENTS MADE OFF THE RECORD) Chair King: I know. I have the budget. I didn't forget it. I know the budget is -- Mr. Noriega: Okay. Chair King: Would you guys like to go with the budget? Mr. Noriega: The millage. It 's just the millage cap. Vice Chair Carollo: We all have to be -- all of us have to be done here before 8. Chair King: 8 what, p.m.? Vice Chair Carollo: Yeah, because you all are going to go to the reopening of the Tower Theater, correct? Chair King: Correct. Vice Chair Carollo: Celia Cruz. Chair King: Si (Comment in Spanish not translated). Commissioner Diaz de la Portilla: I think we'll be done by like 3 o'clock. Chair King: Yeah. 8 o 'clock? Okay. Commissioner Diaz de la Portilla: We'll have a five -hour break there. Vice Chair Carollo: I'm giving you plenty of time to -- Commissioner Diaz de la Portilla: Yeah, we'll be there. Vice Chair Carollo: -- finish. Commissioner Diaz de la Portilla: We'll be there. Chair King: So -- Victoria Mendez (City Attorney): And you have two meetings. You also have two meetings during lunch. Chair King: We have a Overtown CRA (Community Redevelopment Agency) meeting, and after the Commission meeting, we are going to have our very first Virginia Key Beach Trust meeting, but that would be after the Commission meeting, and it's a light agenda, some house cleaning items. Vice Chair Carollo: Okay, so I have to -- Chair King: We'll -- you'll be -- Vice Chair Carollo: (INAUDIBLE). City of Miami Page 49 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: You will. Vice Chair Carollo: What time are you coming back? Chair King: From lunch? I don 't know, we haven 't -- Vice Chair Carollo: Three? Commissioner Diaz de la Portilla: Two? Chair King: Three? Commissioner Diaz de la Portilla: It's 11:44, so -- Chair King: But we're not breaking for lunch yet. Commissioner Diaz de la Portilla: Oh. Chair King: We still -- we're going to get through this. Commissioner Diaz de la Portilla: Okay. Not the PZ items, right, because we start going into PZ, that's going to take us through lunch. Chair King: Well, if we -- let's have the budget -- let's have the budget presentation at this time. Larry Spring: Good morning, Madam Chair, Commission. Larry Spring, Chief Financial Officer. Vice Chair Carollo: (INAUDIBLE). Mr. Spring: RE.1, we just wanted to put on the record after consideration and discussion, it is, you know -- with the Mayor and the City Manager, we wanted to propose a change to the setting of the millage cap. That millage cap will be actually reduced by 0.0696 mills, which will leave us at 7.4843 as a cap. That reduction will actually inure a $5 million overall tax savings based on our current calculations. Again, this is the cap, so as we actually get into the actual budget in September, the City Commission at that time can go lower than that number -- Commissioner Reyes: Okay. Mr. Spring: -- but we will not be able to raise the number any higher than the 7.4843. Commissioner Reyes: Okay. Vice Chair Carollo: Look, we're all in favor -- Chair, can I speak? Chair King: Please. Vice Chair Carollo: Thank you. We're all in favor of trying to lower the budget as much as we can, but I think we're putting the buggy before the horse. We haven't gotten enough information, nor have we gone through the budget, to know how much we could really lower the budget by or how much do we want to try to do it. The problem that I see is that once we set a rate now, then we could always lower it, but we can 't raise it if we as a group see that, hey, we can 't lower that much. City of Miami Page 50 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Mr. Spring: Correct. Vice Chair Carollo: We're going to have problems in cutting into service if we do that. I'm not saying that 's the case, but what I'm saying is that there's nothing wrong in leaving it like -- Mr. Spring: Flat. Vice Chair Carollo: -- the same flat and then we can lower it to what we think it should be lowered at the next meeting. Commissioner Reyes: As long as we can -- Madam Chair, may I? Chair King: Yes, please. Commissioner Reyes: As long as we lower it -- Vice Chair Carollo: Yeah. Commissioner Reyes: -- lower it, it is fine with me. I do not agree with point six. I think it is too low. I mean, it's too little what we are cutting. And I have been an advocate of efficiency analysis before we make any decision because I think that there is a lot of room in our administration and in our expenditures, that if we analyze each process very detail, there is a lot of savings that should be, I mean, taken into consideration. I think that we have to go into a cost -saving program before we -- I mean, if it is possible, you see, before we make a decision. I've been saying this for the past six years, you see. And you smile because I always come after you and say, what have you done to lower our expenditures? It's not only just add to the budget and add, I mean -- and many people answer the question, and very rightfully so, all those buildings that are going up, all of those new taxes, where are they going, you see? And they have the right to know. And they demand that we use very efficiently their tax dollars. Mr. Spring: Right. Commissioner Reyes: And that is our duty. And I strongly request and I'm requesting again that we analyze our expenditures and then try to go into a program of cost cutting as much as we can before we decide how much we 're going to charge our (UNINTELLIGIBLE). Mr. Spring: So, we'll leave it as is then. Commissioner Reyes: Okay. Vice Chair Carollo: We're going to leave it flat. Mr. Spring: Thank you. Vice Chair Carollo: And then we'll decide in September -- Commissioner Reyes: That 's right. Vice Chair Carollo: -- what we're going to lower it to. Commissioner Reyes: But -- Mr. Spring: Excellent. City of Miami Page 51 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Commissioner Reyes: -- but I want you to have in mind, from this Commissioner here, my belief is, or my goal will be to lower the millage to where the homeowners -- I mean, the business owners, everybody, that they will have a savings more than $5 or $10 a year, you see, because that 's what it's going to amount. This 0.6 percent is going to amount about $20 or something like that. It doesn't solve anything, you see. That's a hamburger nowadays. Mr. Spring: We have heard you. Commissioner Reyes: Okay. Mr. Spring: Thank you. Chair King: So, for my colleagues, with RE. 1, are we considering it as amended or in its original --? Commissioner Reyes: Original. Mr. Spring: It will be as is. Chair King: As is. Commissioner Diaz de la Portilla: As is, as is. Chair King: As is with not amended. Commissioner Reyes: That's right. Vice Chair Carollo: Yeah. Chair King: Okay, so -- Commissioner Reyes: I move it. Vice Chair Carollo: Second. Chair King: Well, it's only three of us. Vice Chair Carollo: Yeah, that's all we need. Commissioner Reyes: Okay, I move. Chair King: Okay, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): I'm sorry, Chair. Chair King: Wait. Mr. Hannon: The seconder was Commissioner Carollo? Chair King: Commissioner Reyes. Vice Chair Carollo: Yeah. City of Miami Page 52 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 RE.2 14063 Downtown Development Authority Chair King: Oh, I don't know. Mr. Hannon: Moved by Commissioner Reyes. Commissioner Reyes: I move it, Carollo second. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: As is. Vice Chair Carollo: Right. Chair King: RE.1 passes as is. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI DDA") FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024; AUTHORIZING THE EXECUTIVE DIRECTOR TO SUBMIT SAID PROPOSED MILLAGE RATE AND STATUTORILY DEFINED ROLLED -BACK RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR TOGETHER WITH THE DATES, TIMES, AND LOCATIONS OF THE PUBLIC HEARINGS AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE, THE MIAMI DDA'S TENTATIVE BUDGET, THE TENTATIVE MILLAGE, FINAL MILLAGE, AND FINAL BUDGET FOR SAID FISCAL YEAR. ENACTMENT NUMBER: R-23-0337 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: So, may I have a motion for RE.1, 2, 3 -- Commissioner Reyes: 2, 3, 5. Vice Chair Carollo: Okay. Chair King: -- 5, 6, 9, 10, 11? Vice Chair Carollo: Our -- Commissioner Covo: I want to sponsor RE -- Chair King: Hold on a second. City of Miami Page 53 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Vice Chair Carollo: RE.1 -- Chair King: If I could just -- 07 can just get the motion and a second, and then we'll go through who wants to sponsor and if there's anything for discussion. Commissioner Diaz de la Portilla: All right, go ahead and read them. Chair King: I got a motion, I got a second. Commissioner Diaz de la Portilla: Well, go ahead and read the items. Chair King: Todd has his hand up. Vice Chair Carollo: I'd like to take RE.1 out. Chair King: Wait a minute, wait a minute, let me see what Todd has to say. Todd B. Hannon (City Clerk): So, just a friendly reminder that RE.5 needs to be heard after the CRA (Community Redevelopment Agency) meeting. Chair King: Oh, okay, so it can 't be RE.5. Commissioner Reyes: Okay. Chair King: Okay, so it would be RE.1, 2, 3, 6, 7, 9, 10, and 11. I have a motion. May I have a motion? Commissioner Diaz de la Portilla: I think that Commissioner Carollo wants -- Vice Chair Carollo: You took RE. 1 out, right? Commissioner Diaz de la Portilla: -- RE.1 out, he said. RE.1. Chair King: You want to take 1 out? Vice Chair Carollo: RE.1. Commissioner Diaz de la Portilla: Yes. Chair King: Okay. Commissioner Diaz de la Portilla: And then -- Commissioner Reyes: I also am going to join Commissioner Carollo so we can take RE.1 out. Commissioner Diaz de la Portilla: Okay. Chair King: Okay. Commissioner Reyes: And we can -- it's the millage, we have to talk about it. Vice Chair Carollo: Yeah. Chair King: Okay, so we'll take out -- we're taking out RE.1. RE.5 can't be heard until the SEOPW CRA (Southeast Overtown/Park West Community Redevelopment Agency) meeting. So, may I have a motion for RE.2, 3 -- City of Miami Page 54 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Commissioner Diaz de la Portilla: 6. Chair King: -- 6, 7, 9 -- Vice Chair Carollo: Move. Chair King: -- 10 and 11. Vice Chair Carollo: Move. Chair King: I got a motion. Victoria Mendez (City Attorney): Madam Chair. Arthur Noriega (City Manager): Wait, there's a substitution on 10. Commissioner Diaz de la Portilla: How about 8? Commissioner Reyes: 8, too. Mr. Noriega: Hold on. Chair King: No, I didn't -- Commissioner Diaz de la Portilla: 8, 9, 10, and 11. Chair King: 8 has been withdrawn. Commissioner Diaz de la Portilla: Oh, withdrawn, okay. Chair King: 8 has been withdrawn. Mr. Noriega: There -- Commissioner Diaz de la Portilla: I didn't have it as withdrawn. I'm sorry, okay. Chair King: Hands up, hands up. City Attorney. Commissioner Covo: RE.8 wasn't withdrawn. Ms. Mendez: So, I'll go after Todd. Commissioner Reyes: No, 8 was not withdrawn. Commissioner Diaz de la Portilla: 8 was not -- Chair King: 8 is -- Commissioner Diaz de la Portilla: -- 8 was not withdrawn. Commissioner Covo: 8 was not withdrawn, no. Commissioner Diaz de la Portilla: No, so -- Chair King: 8 -- City of Miami Page 55 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Commissioner Diaz de la Portilla: So, you want RE.2, 3, 6, 7, 8, 9, 10, 11. Commissioner Reyes: Yes. Chair King: Yes. Commissioner Reyes: So moved. Vice Chair Carollo: Hold on, I'm sorry. Chair King: Todd's hand is up. Vice Chair Carollo: I got a conflict of interest. Chair King: Hold on, hold on. Todd -- Vice Chair Carollo: I got a conflict of interest. Commissioner Diaz de la Portilla: I'm sorry, 2, 3, 6, 7, 8, 9, 10, and 11. That's correct? Chair King: That's it, Todd? Commissioner Diaz de la Portilla: That's the motion. Chair King: That's why your hand is up? Mr. Hannon: No, I -- Chair King: As amended for --? Commissioner Diaz de la Portilla: As amended for -- Mr. Hannon: RE.10. Ms. Mendez: We have a (UNINTELLIGIBLE). Chair King: RE.10 -- Commissioner Diaz de la Portilla: As amended -- Chair King: -- as amended. Commissioner Diaz de la Portilla: -- for RE.10. Chair King: RE.10, as amended. Vice Chair Carollo: I can't vote -- Ms. Mendez: So -- Vice Chair Carollo: -- for RE.9 (UNINTELLIGIBLE). Chair King: You can 't vote for RE.9? Vice Chair Carollo: No. City of Miami Page 56 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: Okay. Vice Chair Carollo: That's for the permanent closing of Fuller Street. I can 't do that. Chair King: Okay, so we'll -- Commissioner Diaz de la Portilla: It's a joke. Commissioner Covo: It's a joke. Commissioner Diaz de la Portilla: It 's a joke on the name. Chair King: Oh, okay. Commissioner Diaz de la Portilla: It's a play on the name. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: It's a play on the name. Chair King: Okay, so I have a motion and a second. Commissioner Reyes: And a second, as amended. Ms. Mendez: So, Madam -- right. Chair King: Victoria. Ms. Mendez: Okay, so for the Yaeger one, I -- we're changing the source of funds. So, I just wanted to -- Chair King: Yes. Ms. Mendez: -- make sure -- Commissioner Diaz de la Portilla: It's already as amended. Ms. Mendez: -- the GOB (General Obligation Bond). Chair King: Yes, as amended. Ms. Mendez: Then for RE.7, for the Olympia eviction, we want to modem it to also add the address 8 Southeast 2nd Avenue entrance as well. Chair King: As amended. Commissioner Diaz de la Portilla: As amended, 7, okay. Ms. Mendez: Then I thought RE.6 on the Parks Master Plan, was there going to be any changes to that? Chair King: A presen -- it's supposed to be a presentation. Commissioner Reyes: That's right. City of Miami Page 57 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Ms. Mendez: Okay, so no changes to that. And then one more second. I think I've said everything on the REs (Resolutions). Commissioner Diaz de la Portilla: Okay. Chair King: Okay, so -- Mr. Hannon: And my apologies, Chair, who was the mover and seconder again? Chair King: Commissioner Carollo was the mover, Commissioner Reyes is the second. All in favor? The Commission (Collectively): Aye. Commissioner Diaz de la Portilla: I was the mover. It doesn't matter. Commissioner Covo: And Madam Chair, I want to -- Commissioner Reyes: The mover was -- Commissioner Covo: -- sponsor RE.6. Commissioner Diaz de la Portilla: It doesn 't matter. Chair King: Okay. Commissioner Diaz de la Portilla: Let's just get it done. Vice Chair Carollo: We're all getting together so well. Chair King: Exactly. Commissioner Reyes: That 's right, it doesn 't matter. Commissioner Diaz de la Portilla: Let's just get it done. Chair King: Mr. City Clerk -- Commissioner Diaz de la Portilla: Alright, we're done. Chair King: -- Commissioner Covo wants to be a sponsor for RE.6. Commissioner Covo: Thank you. Ms. Mendez: And RE.8, I'm sorry, there was one more change. RE.8, the date for which to come back instead of September 14, we were requesting -- Mr. Manager? Arthur Noriega (City Manager): I think we're requesting the second meeting in October. Vice Chair Carollo: Let me ask a question on RE.6. This is not going to slow any of the projects that we have moving along right now, is it? Mr. Noriega: That particular item? Vice Chair Carollo: Yeah. City of Miami Page 58 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 RE.3 14154 Department of Planning Mr. Noriega: No, no, it's just to come back and present a plan -- Vice Chair Carollo: Okay. Mr. Noriega: -- for whether we -- Ms. Mendez: He 's asking about RE.6. Commissioner Covo: Oh, it's RE.6. Ms. Mendez: About the Parks Master Plan. Mr. Noriega: No, no, it doesn't slow any of the projects. Vice Chair Carollo: Okay. Chair King: Okay. Ms. Mendez: And then RE.8, just to confirm that the date will be the second meeting in October versus September 14. Commissioner, you're fine with that, Commissioner Covo? Commissioner Covo: Yes. Ms. Mendez: Okay. Mr. Hannon: Madam City Attorney, does that amend RE. 8? Ms. Mendez: Yes. Chair King: Yes, as amended. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE SOUTHWEST STREETSCAPE AND STREET TREE MASTER PLAN PREPARED BY CURTIS & ROGERS, INC., VOLUME 1: SITE ANALYSIS AND ASSESSMENT ATTACHED AND INCORPORATED AS EXHIBIT "A" ("VOLUME 1"); AND VOLUME 2: MASTER PLAN REPORT, ATTACHED AND INCORPORATED AS EXHIBIT "B" ("VOLUME 2"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0338 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 59 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Note for the Record: For minutes referencing Item Number RE.3, please see Item Number RE.2. RE.4 RESOLUTION 14045 MAY BE WITHDRAWN Office of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION Improvements AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SITE ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH COMMUNITY DEVELOPERS, LTD. ("CDL") TO GRANT ACCESS TO CITY OF MIAMI CONTRACTORS IN ORDER TO CONDUCT ENVIRONMENTAL SITE ASSESSMENTS AND REMEDIATION FOR PROPERTIES LOCATED WITHIN FOLIO NUMBER 01-4120- 004-0260 ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING NON -SUBSTANTIVE AMENDMENTS, RENEWALS, OR EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.4, please see "Order of the Day." RE.5 RESOLUTION 14311 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") IN AN AMOUNT NOT TO EXCEED NINE HUNDRED FIFTY FIVE THOUSAND TWO HUNDRED FIFTY TWO DOLLARS AND FORTY THREE CENTS ($955,252.43) TO UNDERWRITE COSTS ASSOCIATED WITH ENHANCED POLICE SERVICES AND ADDITIONAL SAFETY MEASURES WITHIN THE CRA AREA; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, INCLUDING ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0347 City of Miami Page 60 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 RE.6 14059 Department of Parks and Recreation MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Chair King: So, we need to -- since we've had the Southeast Overtown/Park West CRA (Community Redevelopment Agency) meeting, we can revisit RE.5. May I have a motion for RE.5? Vice Chair Carollo: Move. Commissioner Reyes: Second. Commissioner Covo: Move -- second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: The motion -- Todd B. Hannon (City Clerk): And that'll be as amended. Chair King: As amended -- Commissioner Reyes: As amended. Chair King: -- motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. R-07-0290, ADOPTED MAY 24, 2007, AND SUBSTITUTING IN LIEU THEREOF A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING, IN PRINCIPLE, THE MIAMI PARKS AND RECREATION SYSTEM MASTER PLAN, ATTACHED AND INCORPORATED AS EXHIBIT "A," AS A GUIDING TOOL FOR THE FUTURE DEVELOPMENT AND PRESERVATION OF CITY OF MIAMI PARKS AND PUBLIC SPACES AS ENVISIONED IN THE MIAMI 21 INITIATIVE; DIRECTING THE PARKS AND RECREATION DEPARTMENT TO REPORT ON A BI-ANNUAL BASIS REGARDING THE IMPLEMENTATION OF SAID PLAN. ENACTMENT NUMBER: R-23-0339 City of Miami Page 61 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 RE.7 14326 Office of the City Attorney MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.6, please see "Public Comments for all Item(s)" and Item Number RE.2. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH LEGAL ACTION, IF NECESSARY, AGAINST RESIDENTIAL TENANT MAURICIO MUNOZ OF THE OLYMPIA BUILDING LOCATED AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA, TO OBTAIN POSSESSION OF THE PROPERTY, AND SEEK ANY OTHER LEGAL REMEDIES IN COMPLIANCE WITH THE LEASE AGREEMENTS. ENACTMENT NUMBER: R-23-0340 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.7, please see Item Number RE.2. RE.8 RESOLUTION 14331 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO PRESENT LEGISLATION TO THE CITY OF MIAMI ("CITY") COMMISSION AT THE SEPTEMBER 14, 2023 CITY COMMISSION MEETING THAT WOULD CREATE A PROCESS FOR HOMEOWNERS TO PLANT CERTAIN NATIVE PLANTS ON THEIR ADJACENT SWALE BY RIGHT AND OTHER NATIVE AND NON- NATIVE PLANTS BY A REVIEW AND PERMIT PROCESS. ENACTMENT NUMBER: R-23-0341 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 62 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 Note for the Record: For minutes referencing Item Number RE.8, please see Item Number RE.2. RE.9 RESOLUTION 14335 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO PERMANENTLY RESTRICT VEHICULAR ACCESS FOR FULLER STREET AT ITS RESPECTIVE INTERSECTIONS WITH MAIN HIGHWAY AND GRAND AVENUE, MIAMI, SUBJECT TO FINAL APPROVAL OF THE MIAMI-DADE COUNTY ("COUNTY") DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS' TRAFFIC DIVISION, WITH CONDITIONS AS STATED HEREIN; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE COUNTY'S TRAFFIC DI RECTOR. ENACTMENT NUMBER: R-23-0342 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.9, please see "Public Comments for all Item(s)" and Item Number RE.2. City of Miami Page 63 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 RE.10 14336 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING FUNDING ON A REIMBURSEMENT BASIS TO YAEGER PLAZA PARTNERS, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), IN AN AMOUNT NOT TO EXCEED THREE MILLION AND 00/100 DOLLARS ($3,000,000.00) FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF MIAMI FOR EVERYONE ("MFE") PROGRAM FUNDING FOR THE DEVELOPMENT OF THE AFFORDABLE HOUSING PROJECT CONSISTING OF AN EIGHT (8) STORY MIXED -INCOME, MIXED USE DEVELOPMENT THAT WILL PROVIDE SIXTY-EIGHT (68) CITY -ASSISTED UNITS RANGING FROM FIFTY PERCENT (50%) AREA MEDIAN INCOME, AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("AMI") TO ONE HUNDRED FORTY PERCENT (140%) AMI TO BE KNOWN AS "YAEGER PLAZA" BEING DEVELOPED BY THE DEVELOPER; SUCH ALLOCATION MUST BE IN COMPLIANCE WITH THE HOUSING AND COMMERCIAL LOAN COMMITTEE MEMORANDUM, IN SUBSTANTIALLY THE ATTACHED FORM AND INCORPORATED AS EXHIBIT "A," AND ALL APPLICABLE FEDERAL, STATE OF FLORIDA, LOCAL, AND CITY OF MIAMI ("CITY") LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS, INCLUDING BUT NOT LIMITED TO THE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT GUIDELINES, AND MFE PROGRAM GUIDELINES, AS APPLICABLE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0343 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.10, please see "Public Comments for all Item(s)" and Item Number RE.2. City of Miami Page 64 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 RE.11 14337 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING NO OBJECTION AND SUPPORTING THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") PROJECT TO ENHANCE TRAFFIC SAFETY FOR PEDESTRIANS AND VEHICLES ON NW 36TH STREET FROM EAST OF NW 11TH AVENUE WITHIN THE LIMITS OF THE CITY OF MIAMI ("CITY") INCLUDING THE REMOVAL OF TWO (2) ON -STREET PARKING SPACES AS DEPICTED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND PERFORMING A LOCAL DETOUR THAT WOULD REDIRECT TRAFFIC THROUGH CITY ROADS SUCH AS NW 10TH AVENUE, NW 37TH AVENUE, AND NW 11TH AVENUE IN BOTH DIRECTIONS (WESTBOUND AND EASTBOUND) AS FURTHER DEPICTED IN EXHIBIT "B," ATTACHED AND INCORPORATED; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE DISTRICT SECRETARY OF THE FDOT, DISTRICT SIX; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0344 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.11, please see Item Number RE.2. END OF RESOLUTIONS City of Miami Page 65 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 14076 AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, Building FLORIDA, AS AMENDED, TITLED "ELEVATOR/ESCALATOR FEES AND FINES FOR NON-COMPLIANCE," TO INCLUDE FEES FOR BOILERS AND UNFIRED PRESSURE VESSELS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14192 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: We're now on the second reading items. IfI may have a -- Commissioner Reyes: Did we vote? Chair King: We voted already on the REs (Resolutions). Commissioner Reyes: Okay. Chair King: IfI may have a motion for SR.1, 2 -- Commissioner Reyes: 2. Chair King: -- 4 and 5. Commissioner Reyes: 4 and 5. Move it. Vice Chair Carollo: Move. Commissioner Covo: Second. Chair King: I have a motion and a second, but I have to have the City Attorney read in -- for the record the titles. If you may, Madam City Attorney, read the titles into the record. Victoria Mendez (City Attorney): Thank you, Madam Chair. SR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then SR.4. City of Miami Page 66 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That's it. Thank you. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 67 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 SR.2 ORDINANCE Second Reading 13966 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4/SECTION 2-268 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/RESILIENCE AND PUBLIC WORKS DEPARTMENT/FEE FOR PREPARATION OF DOCUMENTS CONTAINING COVENANTS TO RUN WITH THE LAND, RIGHT-OF-WAY DEDICATION DEEDS, QUITCLAIM DEEDS, WAIVER OF FEE; FEE FOR PREPARATION OF DOCUMENTS ALLOWING THE USE OF PUBLIC RIGHT-OF-WAY BY PRIVATE ENTITIES; RECORDING FEE," AND CHAPTER 2/ARTICLE IV/DIVISION 4/SECTION 2-269 OF THE CITY CODE, TITLED "CHECKING AND RECORDING PLATS AND ALLEY CLOSURES OR VACATIONS —FEE SCHEDULE; WAIVER OF FEE," TO PROVIDE FOR NEW RESILIENCE AND PUBLIC WORKS DEPARTMENT ("DEPARTMENT") FEES RELATED TO THE PREPARATION AND PROCESSING OF RIGHT OF WAY DEDICATION WAIVERS, AND TO PROVIDE FOR THE PROCESSING OF TOLLING AND EXTENSIONS OF TENTATIVE PLAT APPROVALS; FURTHER AMENDING CHAPTER 54/ARTICLE I/SECTION 54-3 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/IN GENERAL/PERMIT REQUIRED FOR WORK THAT OBSTRUCTS OR CLOSES A STREET, SIDEWALK, OR IMPEDES TRAFFIC; FEES; WAIVER OF FEES," AND CHAPTER 54/ARTICLE II/SECTION 54-43 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION, AND REPAIR/PERMIT FEES FOR RIGHT-OF-WAY OR STREET EXCAVATION, SIDEWALK REPAIR, PAVING OR RESURFACING OF ROADWAY, PARKWAY OR SHOULDER AREA, BUILDING LINE AND GRADE SURVEY, SIDEWALK CONSTRUCTION SURVEY, DRIVEWAY CONSTRUCTION, UTILITY PLACEMENT; UNDERGROUND UTILITY SERVICE CONNECTION EXCAVATION, GROUNDWATER MONITORING WELLS; PERMIT RENEWAL; AFTER -THE -FACT PERMIT, AND INSPECTION/REINSPECTION FEES; WAIVER OF FEES," TO PROVIDE FOR THE PROCESSING AND REVIEW OF RIGHT OF WAY CLOSURE PERMIT EXTENSIONS BY THE DEPARTMENT; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14193 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number SR.2, please see Item Number SR.1. City of Miami Page 68 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 SR.3 ORDINANCE Second Reading 11559 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GARBAGE AND OTHER SOLID WASTE," BY ESTABLISHING ARTICLE IX, TITLED "WASTE METERING," TO PROVIDE REGULATIONS FOR THE CITY OF MIAMI AND CERTAIN COMMERCIAL BUSINESSES AS DEFINED HEREIN; REQUIRING THE MONITORING AND REPORTING OF WASTE PRODUCTION USING SMART TECHNOLOGY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number SR.3, please see "Order of the Day." SR.4 ORDINANCE Second Reading 14075 AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 10/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, Deild partFLORIDA, AS AMENDED ("CITY CODE"), TITLED in"BUILDINGS/UNSAFE STRUCTURES," PROVIDING FOR A ONE (1) YEAR AMNESTY PROGRAM FOR HOMESTEAD EXEMPT AND OWNER -OCCUPIED RESIDENCES WHICH ARE IN BREACH OF UNSAFE STRUCTURE PANEL ORDERS AND HAVE NOT ALREADY HAD AN EXTENSION OF TIME HEARING BASED UPON THE PASSAGE OF ORDINANCE NO. 14085; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14194 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number SR.4, please see Item Number SR.1. City of Miami Page 69 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 SR.5 ORDINANCE Second Reading 14247 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING TO PIVOTAL UTILITY HOLDINGS, INC. D/B/A FLORIDA CITY GAS, ITS SUCCESSORS, AND ASSIGNS, A NON-EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS OF WAY OF THE CITY OF MIAMI ("CITY") AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR PAYMENTS TO THE CITY DURING A TERM OF TWENTY (20) YEARS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING PRIOR ORDINANCE. ENACTMENT NUMBER: 14195 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number SR.5, please see Item Number SR.1. END OF SECOND READING ORDINANCES City of Miami Page 70 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 14256 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 6/ARTICLE I/SECTION 2 OF THE CODE OF THE CITY Attorney OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ANIMALS/IN GENERAL/ANIMALS NOT TO RUN AT LARGE; EXCEPTIONS," TO AMEND THE SECTION TO BE COMPATIBLE WITH OTHER SECTIONS OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: Madam City Attorney, would you please read into the record FR.1 for consideration? The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 71 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 FR.2 ORDINANCE First Reading 14147 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS" TO AMEND THE CITY CODE TO ALLOW FOR DIGITAL TECHNOLOGY SIGNS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item FR.2 was continued to the September 28, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.2, please see "Order of the Day" and "Public Comments for all Item(s)." END OF FIRST READING ORDINANCES City of Miami Page 72 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 BC.1 14322 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: William Hopper Commissioner Sabina Covo (Citizen — Category 7) ENACTMENT NUMBER: R-23-0357 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: A motion was made by Commissioner Reyes, seconded by Commissioner Covo, and was passed unanimously, to appoint William Hopper as a member of Historic and Environmental Preservation Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to William Hopper as a member of Historic and Environmental Preservation Board. Chair King: Mr. City Clerk, do you have recommendations for our consideration for boards and committees? Todd B. Hannon (City Clerk): Yes, ma'am. BC.1, Historic and Environmental Preservation Board, Commissioner Covo, would like to reappoint William Hopper with a 5-5 term waiver. Chair King: Do I have a motion? Commissioner Reyes: Move it. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. END OF BOARDS AND COMMITTEES City of Miami Page 73 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 BU.1 13188 Office of Management and Budget BU - BUDGET BUDGET DISCUSSION ITEM MONTHLY REPORT I SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Commissioner Reyes: Anything else? Commissioner Diaz de la Portilla: Pocket items. Chair King: I have -- Victoria Mendez (City Attorney): All the pockets. Chair King: We have -- okay, wait a minute. There is a budget presentation. Commissioner Reyes: We had them. Chair King: No, we didn't. We had the millage, but there 's a budget presentation. So, let's have the budget presentation now. Vice Chair Carollo: What budget presentation? Todd B. Hannon (City Clerk): It was -- Chair, Commissioners, it would be agenda item BU.1. Arthur Noriega (City Manager): It's the status of the current budget year. Chair King: Right, the status. Mr. Noriega: And then the status of the budget process going forward. Chair King: Coming forward. Mr. Noriega: It's really just a budget update. Vice Chair Carollo: Okay, while we're waiting for that, ifI could bring up the pocket item that I had for Coconut Grove. Chair King: Okay. Ms. Mendez: Commissioner, if you give me 30 seconds, I'll distribute it. City of Miami Page 74 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: She's here, right? So, let's get through -- let's do our budget, and then we can do all our pocket items. Good afternoon, Maggie. Marie Gouin (Director, Office of Management and Budget): Good afternoon, Madam. Okay. Good afternoon, Chair, Commissioners. I can get back -- I can go to the summary instead of going through the detail. I'll go to the last slide. If you look at that last slide, it's a summary of where we are up to June 30th, 2023, which is about three quarters of the fiscal year, the fiscal year ends September 30th, 2023. So, at this point, through June 20th -- through June 30th, the revenue is exceeding expenditures by $31.9 million. We have a deficit in the Internal Service Fund, which will be covered by the $31.9 million. We have a surplus of 24.1, and then part of the 24.1, based on our financial integrity principle, is for contingency emergencies, 5 million. We really actually have a 19 million surplus projected at this time. And just to remind you, that's a projection. And we also, based on our financial integrity principle for fund balance, we might not be able to use the surplus if we don't make the criteria -- we don't meet all the criterias for our fund balance. I can entertain any questions you guys might have. Chair King: You said we do not meet all the criteria? Ms. Gouin: If we do not. If we do not, we might not be able to use that surplus. We might have to put that towards the fund balance (INAUDIBLE). Chair King: Oh, I understand. I understand. Arthur Noriega (City Manager): And Finance is going -- is doing that assessment now as we speak in terms of the year-end fund balance. Chair King: Okay. Well, it seems as if we're in pretty good shape. Ms. Gouin: At this point, yes. Chair King: Yes, okay. Vice Chair Carollo: What is the total amount that we presently have in the contingency reserve? Ms. Gouin: The emergency reserve that -- we have the reserve -- the contingency reserve of $5 million. Vice Chair Carollo: I'm saying all together from past years. Ms. Gouin: All together? The general fund I think 100 and -- Larry Spring: Afternoon, Larry Spring, Chief Financial Officer. Vice Chair Carollo: Did we ask -- Mr. Spring: As of our last reporting period -- Vice Chair Carollo: -- did we ask you to come in? She was doing real good on her own. Mr. Spring: We're good. Vice Chair Carollo: Okay. City of Miami Page 75 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Mr. Spring: As of our last reporting, I believe the number is 188 million. Vice Chair Carollo: Okay, so we have 188 million -- Mr. Spring: Yes. Vice Chair Carollo: -- in reserves. Mr. Spring: We don 't do it during the year, so that 's as of September 30, 2022. Vice Chair Carollo: That's my -- and you're sure on that? Mr. Spring: Yes. Vice Chair Carollo: Okay. So, you're over about 88 million from the 100 million I left after the financial crisis, pretty good. Mr. Spring: I didn't -- I didn't want to hear what you said. I heard financial crisis. We don 't have those. Vice Chair Carollo: We did have a real one. Mr. Spring: We did have one before, yeah. We had a real one. Vice Chair Carollo: And we ended up with that with a hundred million surplus -- Mr. Spring: Yeah. Vice Chair Carollo: -- that I left in, so this is really good that we 're up to 188 million now. Mr. Spring: Yes. And we'll -- and kind of to elaborate on what the Manager said, so we '11-- we're working on a projection. As you know, the financial integrity principles that requires that that reserve is based on our three-year average of our revenue, so we have to recalculate it every year. And you know, obviously, our revenues have been going up, so that may require that reserve requirement to go up as well. Vice Chair Carollo: We might -- I'd like to get right around 200 million at least. Mr. Spring: We may be there. Vice Chair Carollo: Okay. Mr. Spring: We may be there. Vice Chair Carollo: Alright. Mr. Spring: Probably in the next two weeks we'll have something. Vice Chair Carollo: Very good. Commissioner Reyes: Then you have to do what I asked you to do. Mr. Spring: Say again, sir? Commissioner Reyes: Then you will have to do like what I asked you to do, which is tighten your belt, analyze our processes, and save as much as you can. City of Miami Page 76 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Mr. Spring: We strive to do that every year, sir. Commissioner Reyes: I haven 't seen (UNINTELLIGIBLE). I have not seen any -- you know what I'm talking about because here's my act. You remember? Mr. Spring: Yes. Commissioner Reyes: That you had -- it was a performance improvement program? Mr. Spring: Yes, I did. Commissioner Reyes: Yes, and I -- Mr. Spring: The first one in the history of the City. Commissioner Reyes: That's right. You were doing that when I was implementing them in the school system, and I came here to get some feedback from you. So -- Mr. Spring: So, you got the right team in place. Commissioner Reyes: -- I wanted to -- huh? Mr. Spring: You got the right team in place. Commissioner Reyes: Okay, okay. Chair King: Thank you. Ms. Gouin: Thank you. END OF BUDGET City of Miami Page 77 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 DI - DISCUSSION ITEM DI.1 DISCUSSION ITEM 14225 A DISCUSSION ITEM REGARDING HOMELESS. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item DI.1 was deferred to the September 14, 2023, City Commission Meeting. For additional minutes referencing Item Number DI.1, please see "Public Comments for allltem(s)." Commissioner Reyes: Madam Chair, shall we request that she reads the next one, 23, 24, 25, 28? Chair King: Wait, I think we have -- Commissioner Diaz de la Portilla: Before you do that, Madam Chair -- Chair King: Is there any of the remaining items that anyone would like to have for discussion? Because my colleague over here said -- Commissioner Diaz de la Portilla: I think Commissioner Carollo may have one. Vice Chair Carollo: DI [sic] we could bring in at the next meeting. Chair King: Okay, so we -- do I have a motion to defer D1 [sic]? Commissioner Reyes: Move it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: DI is deferred until the first meeting in September. Vice Chair Carollo: Right. City of Miami Page 78 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 DI.2 DISCUSSION ITEM 14320 Commissioners and Mayor A DISCUSSION ITEM REGARDING CITY OPERATED AND SPONSORED SPORTS AND RECREATION FACILITIES AND PROGRAMMI NG. RESULT: DISCUSSED Note for the Record: For directive referencing Item DL2, please see Item NA.2. Note for the Record: For additional minutes referencing Item Number DL 2, please see "Public Comments for all Item(s)." Chair King: We have also remaining DI.2, sports and recreation facilities and programming. Do we want to take that discussion item? Vice Chair Carollo: Do you want to defer that for September so we can get out of here? Commissioner Covo: It's really quick. Vice Chair Carollo: Okay. Commissioner Covo: I would love to just add -- I just want to put a statement on the record and see what you guys think about it. Chair King: Okay. Vice Chair Carollo: Okay. Commissioner Reyes: Okay. Commissioner Covo: So, I am bringing this item to your attention because I have received many communications from my constituents that indicate that the residents feels that they have not been heard. And I inherited a lot of projects that were already planned, like for example, Morningside Park with the master plan, but I found that people were not a hundred percent happy. And of course, no one's going to be a hundred percent happy. But since I've been in office, I inherited these projects. And now I think that the community needs to be able to give their opinion regarding sports and recreation. And I am not only talking about the plan of how we envision our parks, but also how we implement our recreational programs. So, what I am respectfully asking this body is that this conversation will adopt a pocket resolution to allow for the establishment of a Sports and Recreation Citizen Advisory Board so that we can bring more attention to our constituents. Why? Because I am sitting in my office and I am listening to pickle tennis, more baseball many times from children. That the sports and recreation programs, for example, had a training for pickleball, but the pickleball was not there with the trainers. That we are having issues retaining recreational programs and also the coaches. So, I think that an advisory board for a community to be heard would be great for trying to see exactly, exactly what the new families that have come to our community and the existing families want. Vice Chair Carollo: But are you afraid that this is going to open up Pandora's box? Commissioner Reyes: Yes. City of Miami Page 79 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Commissioner Covo: No. There's no Pandora's box here. Commissioner Reyes: Yes, that same Pandora's box that he opened. You see, I know he's being facetious. You know, sometimes he thinks it's funny. You see, you know, have you ever heard about the class clown, you see? Vice Chair Carollo: I think -- Commissioner Reyes: Every single class had one, but what I'm going to ask you is this, you see -- Vice Chair Carollo: My dear Commissioner, I had thefloor. Commissioner Reyes: Oh, you did? Oh, I thought you were making a comment. Vice Chair Carollo: No, no, no. Commissioner Reyes: You see, well, keep the floor. Vice Chair Carollo: I have the floor, Commissioner. Commissioner Reyes: Keep thefloor. END OF DISCUSSION ITEM City of Miami Page 80 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.1 12834 Department of Planning PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS AN EXCEPTION PURSUANT TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") AND CHAPTER 4 - ALCOHOLIC BEVERAGES, SECTION 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TO PERMIT AN ALCOHOL SERVICE ESTABLISHMENT IN EXCESS OF 5,000 SQUARE FEET IN THE URBAN CENTRAL BUSINESS DISTRICT AND A WARRANT PURSUANT TO ARTICLE 6, SECTION 6.3.2 AND ARTICLE 7, SECTION 7.1.2.4 OF THE MIAMI 21 CODE TO PERMIT AN OUTDOOR DINING AREA AT REAL PROPERTY DESIGNATED "T6-48A-O," URBAN CORE TRANSECT ZONE - OPEN, LOCATED AT APPROXIMATELY 801 BRICKELL BAY DRIVE, UNIT 4C-L41, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0345 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: Good afternoon, everyone. Welcome back to the afternoon session of the City of Miami Commission meeting for July 27th, 2023, the last Commission meeting of the summer. Commissioner Reyes: Where are you going? Chair King: I'm going to -- all over. I'm going all -- I'll tell you later, but I'm going to have a nice time. (COMMENTS MADE OFF THE RECORD) Chair King: Seems as if I have a quorum. Where did we leave off? We're in the PZ items. Do any of my colleagues have any PZ item that they would like to pull for discussion before I group them together? You don 't? Commissioner Reyes: Nope. Chair King: Nope? Commissioner Reyes: If you want, I move PZ.1, 4, 5, 6, 7, 13, 14, and 15. City of Miami Page 81 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: Okay, I have a motion. Do I have a second? Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Commissioner Reyes: (INAUDIBLE). Now let's go to the (INAUDIBLE). Chair King: Hi. Commissioner Reyes: (UNINTELLIGIBLE). Chair King: We did 1 through 14 so far. Commissioner Diaz de la Portilla: (INAUDIBLE). Chair King: Okay. Commissioner Reyes: 21, 23 -- Chair King: Wait, wait. We have 15 --15, 23, 24, 25, 28, 29, and 32. Commissioner Diaz de la Portilla: Hold on, hold on. Victoria Mendez (City Attorney): (INAUDIBLE). Chair King: I thought you read them all. You didn't read the PZ items? Commissioner Reyes: (INAUDIBLE) start reading (INAUDIBLE). Ms. Mendez: (INAUDIBLE) tell me which ones (INAUDIBLE). Chair King: I did. It's on. Ms. Mendez: (INAUDIBLE). Chair King: Sorry. I could have sworn you read these items before we broke for lunch. Commissioner Reyes: Yeah. Ms. Mendez: I just -- Chair King: Todd? Ms. Mendez: -- I just read the first and second readings. We hadn 't done the PZs. Chair King: (UNINTELLIGIBLE). Commissioner Reyes: Madam Attorney, start reading. Commissioner Diaz de la Portilla: So, we will need to reconsider that vote? Ms. Mendez: No, no -- City of Miami Page 82 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Commissioner Reyes: No. Ms. Mendez: -- I could just read them. I just have to read them, but just tell me which ones to read. Chair King: We did -- Commissioner Diaz de la Portilla: No, I want to make sure that procedurally we're okay. Commissioner Reyes: Yes, we are. Commissioner Diaz de la Portilla: That we voted on something without it being read into the record first, the way it normally works. Commissioner Reyes: Todd, is that --? Commissioner Diaz de la Portilla: So, our City Attorney -- Commissioner Reyes: Do they have to go read it again? Chair King: Okay, well, we passed PZ.1, which didn't need to be read into the record. Ms. Mendez: Perfect. Commissioner Diaz de la Portilla: Okay. Chair King: So, we also passed PZ.4, 5, 6, 7, 13 and 14, so you would need to read 4, 5, 6, 7, 13, and 14. Ms. Mendez: Okay. Commissioner Reyes: 4, 5, 13, and 14. Ms. Mendez: So, just because Commissioner Diaz de la Portilla is making me doubt myself, if you could take the vote again after I read -- Chair King: We can do that. Ms. Mendez: -- I would appreciate it. Chair King: No problemo. Ms. Mendez: Okay. Thank you. Commissioner Reyes: You're very weak, you know that? Ms. Mendez: He's just -- you know, we're just in abundance of caution. Commissioner Reyes: Abundance of caution. Commissioner Diaz de la Portilla: You're always the abundance of caution lawyer here, so, you know. Ms. Mendez: I -- you're calling me out on it, so I -- City of Miami Page 83 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Commissioner Diaz de la Portilla: I'm just -- Ms. Mendez: -- I see it. Commissioner Diaz de la Portilla: I'm just learning from the best. Ms. Mendez: I was living dangerously for a second, and it's better that we just read the ordinance again. Okay, so PZ.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That was PZ.4. PZ.5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.6. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.7. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.13. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.14. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Thank you, Madam Chair. Chair King: I have a motion. Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: Second. Mr. Hannon: There was already a motion and a second. All you need to do is vote. Commissioner Diaz de la Portilla: Okay. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Anyone against? I only said that because I was told I never say "anyone against, " so that 's just -- Commissioner Reyes: Keep on reading. (UNINTELLIGIBLE). Ms. Mendez: I think I know where that came from. Chair King: But why would I say "anybody against" when we all said yes? I don 't know, but you know, someone said that to me. City of Miami Page 84 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.2 13953 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.2 was deferred to the October 26, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." PZ.3 ORDINANCE First Reading 14046 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-0," URBAN CENTER TRANSECT ZONE - OPEN (NORTHERN PORTION), AND "T4-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED (SOUTHERN PORTION), TO "T5-O," URBAN CENTER TRANSECT ZONE - OPEN (NORTHERN), AND "T4-O," GENERAL URBAN TRANSECT ZONE - OPEN (SOUTHERN PORTION), OF THE PROPERTY GENERALLY LOCATED AT 3030 SOUTHWEST 22ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day" and "Public Comments for all Item(s)." City of Miami Page 85 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.4 ORDINANCE Second Reading 13731 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 131 NORTHWEST 75TH STREET, 134 NORTHWEST 76TH STREET, 120 NORTHWEST 76TH STREET, 139 NORTHWEST 75TH STREET, 7521 NORTHWEST 1ST COURT, 7531 NORTHWEST 1ST COURT, 115 NORTHWEST 75TH STREET, 7510 NORTHWEST 1ST AVENUE, AND 7522 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14196 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.4, please see Item Number PZ.1. PZ.5 ORDINANCE Second Reading 13732 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R," URBAN CENTER ZONE — RESTRICTED TO "T6-8-O," URBAN CORE ZONE — OPEN, OF THE PROPERTY GENERALLY LOCATED AT 131 NORTHWEST 75TH STREET, 134 NORTHWEST 76TH STREET, 120 NORTHWEST 76TH STREET, 139 NORTHWEST 75TH STREET, 7521 NORTHWEST 1ST COURT, 7531 NORTHWEST 1ST COURT, 115 NORTHWEST 75TH STREET, 7510 NORTHWEST 1ST AVENUE, AND 7522 NORTHWEST 1ST AVENUE , MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14197 City of Miami Page 86 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.5, please see Item Number PZ.1. PZ.6 ORDINANCE Second Reading 13729 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" AND "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 14 NORTHWEST 75TH STREET, 7409 NORTHWEST MIAMI COURT, 7450 NORTH MIAMI AVENUE, AND 7401 NORTHWEST MIAMI COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14198 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.6, please see Item Number PZ.1. City of Miami Page 87 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.7 ORDINANCE Second Reading 13730 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING CODE OF Planning THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE — RESTRICTED AND "D1" WORK PLACE DISTRICT ZONE TO "T6-8-O", URBAN CORE ZONE — OPEN OF THE PROPERTIES GENERALLY LOCATED AT 14 NORTHWEST 75TH STREET, 7409 NORTHWEST MIAMI COURT, 7450 NORTH MIAMI AVENUE, AND 7401 NORTHWEST MIAMI COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14199 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.7, please see Item Number PZ.1. PZ.8 ORDINANCE Second Reading 12858 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3424 AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND 3719 THOMAS AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.8 was deferred to the October 26, 2023, City Commission Meeting. City of Miami Page 88 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 Note for the Record: For minutes referencing Item Number PZ.8, please see "Order of the Day." PZ.9 ORDINANCE Second Reading 12859 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM: "T3-O" SUB -URBAN TRANSECT ZONE - OPEN TO "T4-O" GENERAL URBAN TRANSECT ZONE - OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3424 AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND 3719 THOMAS AVENUE; MAINTAINING THE ZONING CLASSIFICATION OF "T3-O" SUB -URBAN TRANSECT ZONE - OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3735 WASHINGTON AVENUE, AND MAINTAINING THE ZONING CLASSIFICATION OF "T5-O" URBAN CENTER ZONE— OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD- 2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3710 GRAND AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.9 was deferred to the October 26, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.9, please see "Order of the Day." City of Miami Page 89 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.10 ORDINANCE First Reading 12860 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 APPENDIX A, SECTION A.2, TITLED "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICTS 2 (NCD-2)", TO MODIFY THE EXISTING MIXED USE CULTURAL DISTRICT BOUNDARY, CREATE NEW USES DEFINITIONS, INTRODUCE DEVELOPMENT AND PARKING FLEXIBILITIES, AND CREATE NEW REGULATIONS AND DEVELOPMENT GUIDELINES FOR AFFORDABLE HOUSING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.10, please see "Order of the Day." PZ.11 ORDINANCE First Reading 13726 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 1250 NORTHWEST 22 AVENUE MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.11, please see "Order of the Day" and "Public Comments for all Item(s)." City of Miami Page 90 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.12 ORDINANCE First Reading 13728 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L" URBAN CENTER TRANSECT ZONE - LIMITED, TO "T6-8-L" URBAN CORE TRANSECT ZONE -LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 1250 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.12, please see "Order of the Day" and "Public Comments for all ltem(s)." PZ.13 ORDINANCE Second Reading 13627 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"),MORE SPECIFICALLY BY AMENDING ARTICLE 1, TITLED "DEFINITIONS"; AMENDING ARTICLE 4, TABLE 6 TITLED "FRONTAGES"; AMENDING TABLE 8, TITLED "DEFINITIONS ILLUSTRATED"; AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO MODIFY SECTIONS 5.3, 5.4, 5.5, 5.6 AND 5.8; FURTHER AMENDING ARTICLE 8, TITLED "THOROUGHFARES" AND ARTICLE 9, TITLED "LANDSCAPE REQUIREMENTS," TO CLARIFY AND INTRODUCE NEW FRONTAGE -RELATED DEFINITIONS, ALLOW ARCHITECTURAL AND FRONTAGE FLEXIBILITY IN SPECIFIED CIRCUMSTANCES WITHIN T5, T6, AND CI -HD TRANSECT ZONES, UPDATE AND INTRODUCE NEW DEFINITION ILLUSTRATIONS, MODIFY MINIMUM HEIGHT REQUIREMENTS WITHIN T5 AND T6, AND ALLOWING ADDITIONAL SITE TREES PLACEMENT FLEXIBILITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14200 City of Miami Page 91 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.13, please see Item Number PZ.1. PZ.14 ORDINANCE First Reading 14112 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") MORE SPECIFICALLY BY AMENDING ARTICLE 7, SECTION 7.2.1, TITLED "PROCEDURES AND NONCONFORMITIES/GENERALLY," TO ALLOW STRUCTURES CONTAINING A NONCONFORMING USE TO RESUME SUCH USE WHEN THE STRUCTURE IS DECLARED UNSAFE AND THE OWNER DILIGENTLY COMPLIES WITH THE TIMEFRAMES IN THE UNSAFE STRUCTURE ORDER; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PZ.14, please see Item Number PZ.1. City of Miami Page 92 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.15 ORDINANCE First Reading 14113 Commissioners and Mayor- PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," SECTION 3.4, TITLED "DENSITY AND INTENSITY CALCULATIONS," TO CLARIFY DENSITY STANDARDS IN CERTAIN TRANSIT LOCATIONS, AND BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM," AND ARTICLE 5, TITLED "SPECIFIC TO ZONES," ILLUSTRATION 5.5, TITLED "GENERAL URBAN TRANSECT ZONES," TO ALLOW BONUS BUILDING HEIGHT AND MODIFICATIONS TO THE DEVELOPMENT STANDARDS IN SPECIFIED AREAS WITHIN THE "T5," URBAN CENTER TRANSECT ZONE IN EXCHANGE FOR PUBLIC BENEFITS AND/OR OTHER SPECIFIED ENHANCEMENTS AND TO CLARIFY EXISTING D1 BONUS HEIGHT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Chair King: So, do I have a consensus to move any of the other PZ (Planning and Zoning) items? 15, 23, 24, 25, 28, 29, and 32. Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Todd B. Hannon (City Clerk): Chair, just for the record, PZ 15 is as amended. Chair King: As amended. Commissioner Reyes: As amended. Mr. Hannon: And 15, 23 -- Victoria Mendez (City Attorney): I have to read. Mr. Hannon: -- 24, 25, 28, and 29 are all ordinances. Arthur Noriega (City Manager): What about 21? Mr. Hannon: And did you want to throw in 32 for good measure ? City of Miami Page 93 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: Wait a minute. You haven 't read these? Commissioner Diaz de la Portilla: Yeah, they're read. You read them already. Chair King: No. Commissioner Diaz de la Portilla: Oh, you haven't read them? So, she needs to read them. Ms. Mendez: I only read the ones that you -- Commissioner Diaz de la Portilla: Okay, I thought you had read them. Go ahead and read them. Chair King: Okay, so please go ahead and -- Mr. Noriega: And -- wait, before we -- just for clarity, we also haven't addressed PZ.21. Commissioner Diaz de la Portilla: We haven't what? Mr. Noriega: Huh? Commissioner Diaz de la Portilla: You haven't what? Mr. Noriega: PZ.21 -- Chair King: PZ.21. Mr. Noriega: -- we haven 't -- she rattled -- she -- we read off a bunch of numbers but Commissioner Diaz de la Portilla: Alright, I have an idea. Mr. Noriega: -- 21 wasn't included. Chair King: Okay, I see. It -- Commissioner Diaz de la Portilla: Well, why don't you read everything. Chair King: Read it, and then we'll -- Commissioner Diaz de la Portilla: And then we'll take it up. Chair King: -- take it up. Commissioner Diaz de la Portilla: Okay? Ms. Mendez: Alright so -- Commissioner Diaz de la Portilla: Everything until the last one. Ms. Mendez: Right, right but -- Chair King: So you could start on 15. City of Miami Page 94 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Ms. Mendez: So, I just -- to not read because it triggers stuff, PZ.23, you want me to, PZ.24, 25, 28, 29 -- Chair King: 28, 29, 32. Ms. Mendez: -- 32, okay. Chair King: Right. You don 't have to read -- Ms. Mendez: So, all the -- all that. Chair King: -- into the record 21 and 22. Ms. Mendez: Right. And then I'm starting back at PZ.15, which is the next one I have to read. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That was PZ.1 -- I mean, PZ.15. PZ -- PZ.23 -- PZ.23. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.24. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.25. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Is this one -- is the covenant updated for PZ.25? Then PZ.28 -- PZ.28. The Ordinance was read by title into the public record by the City Attorney Ms. Mendez: PZ.29. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And then PZ.32. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: On all the items that have been read by our City Attorney, do I have a motion, or do you have questions? Vice Chair Carollo: Excuse me, excuse me. Commissioner Diaz de la Portilla: Oh, I'm sorry, you're the vice chairman. I didn't see that you were there. Commissioner Reyes: Vice Chair right here. Commissioner Diaz de la Portilla: I just want -- I just -- you were slow to get to the microphone. City of Miami Page 95 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Commissioner Reyes: That was a coup. That was a coup, coup attack, coup attack. Commissioner Diaz de la Portilla: I didn 't see you there. Vice Chair Carollo: You're out of order, sir. Commissioner Reyes: I move it. Commissioner Diaz de la Portilla: Then we wait for you, Commissioner. Commissioner Reyes: There's a motion, I move it. Vice Chair Carollo: By Commissioner Reyes. Commissioner Diaz de la Portilla: I'll second it. Vice Chair Carollo: And second by Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: As amended. Vice Chair Carollo: Then we're back to -- Commissioner Diaz de la Portilla: Well, we have -- well, look, not to help you, let me aid you in your chairman duties. The Clerk wants to ask you something. Mr. Hannon: My apologies, Vice Chair. So, I just want to make sure, this isn 't for PZ.21 and 22. The motion that's on the floor is for PZ.15 -- the items that the City Attorney read into the record. Vice Chair Carollo: The items that she read into the record. Commissioner Diaz de la Portilla: That's what was said. Mr. Hannon: Okay, excluding PZ.21 and 22. I'm sorry, and then for PZ -- Ms. Mendez: No, no, 21 and 22 are not in play yet. Commissioner Diaz de la Portilla: Correct. Mr. Hannon: No, no, that's what I'm clarifying. And so, with PZ.15 being amended. Commissioner Reyes: That's right, as amended. Vice Chair Carollo: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: I'll second that. Vice Chair Carollo: Anything else, Mr. Clerk? Mr. Hannon: No, sir, my apologies for the interruption. Vice Chair Carollo: Apologies accepted. Any further discussions or comments from this body? Hearing none, all in favor, signer by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: It passes unanimously. City of Miami Page 96 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.16 12835 Office of Zoning Commissioner Reyes: Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF DFMMJ INVESTMENTS, LLC, REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-047 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2155 SOUTHWEST 22 STREET, MIAMI, FLORIDA, ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: So, if we -- ifI can get a motion and a second for our PZ items -- Commissioner Reyes: Which one? Chair King: Let me tell you which ones. Is PZ.1 in play? Lakisha Hull (Director, Planning): Yes, that has not been deferred, ma'am. Chair King: Okay. PZ.1, PZ.4, 5, 6, 7, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 28, 29, 32. I have a motion and a second. Victoria Mendez (City Attorney): Madam Chair. Commissioner Reyes: Madam Chair, Madam Chair. Ms. Mendez: Yeah, I couldn't -- I'm so sorry. I couldn't -- I couldn't keep up with those. Chair King: Come on, you guys. Come on, come on. Ms. Mendez: I know, I know. Commissioner Reyes: Madam Chair, I have problems with PZ.16, 17 -- Chair King: Okay. City of Miami Page 97 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Commissioner Reyes: -- 18 -- Chair King: Okay. Commissioner Reyes: -- 19 and 20, and those are the marijuana -- Chair King: 16 -- Commissioner Reyes: -- you see, those are the marijuana stores and -- Chair King: 16, 17, 18, and 19, and 20? Commissioner Reyes: And 20. What is 21, what is it? Ms. Mendez: 21 is not -- is an exception. So, it's the three -- it's 16 through 20 are the appeals. Commissioner Reyes: The appeals. Ms. Mendez: And those are quasi-judicial. We have to hear one by one. They have to -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Correct. Chair King: So, I believe it is the will of the body that we want to defer these items indefinitely. Commissioner Reyes: I move it. Vice Chair Carollo: Second. Commissioner Diaz de la Portilla: Well, hold on a second. Hold on a second. Chair King: 16, 17, 18, 19, and 20. Vice Chair Carollo: You were doing fine. Commissioner Covo: I don't agree with indefinitely. Chair King: Indefinite deferral just means that we can bring it back at any time. Commissioner Reyes: At any time. Chair King: Because every time they come up, we defer it. Commissioner Diaz de la Portilla: Hold on. All we're doing now, so I know, I understand, because these are items that are -- almost every single item has a serious impact on our City, right, so -- Chair King: Claro (Comment in Spanish not translated). Commissioner Diaz de la Portilla: -- I don 't like, to be honest with you, Madam Chair, this rushing of these PZ items, to me, is a little bit concerning. Let's slow it down a little bit and make sure that we get it right. City of Miami Page 98 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: Okay. Commissioner Diaz de la Portilla: It requires some deliberation. Chair King: Well -- Commissioner Diaz de la Portilla: It's not a movement to get -- Chair King: Well, that -- you -- Commissioner Diaz de la Portilla: And with all due respect. Chair King: No, no, no. You were gone. I asked them, are there any controver -- do you want me to pull anything out? Commissioner Diaz de la Portilla: There's about six -- for me, there's five controversial ones, but instead of going into that now -- Chair King: That you want to pull it out. Commissioner Diaz de la Portilla: -- unless you want to go one by one and we can be here for three hours and not break for lunch, I don 't have a problem with that. I had a big breakfast. The issue is if you -- all you're doing is deferring 16, 17, 18, 19, and 20, that's the motion? Chair King: Right, that's all I'm doing right now. Commissioner Diaz de la Portilla: Okay, so I'll second that motion. Chair King: So -- Vice Chair Carollo: It's been seconded already. Commissioner Diaz de la Portilla: Okay, good, then -- Chair King: Okay. Commissioner Diaz de la Portilla: -- I'll go for it. Vice Chair Carollo: You'll third it. Chair King: So, I have a -- Commissioner Diaz de la Portilla: Okay, I'll third. I'll third the motion. Chair King: I have a motion and a second -- Vice Chair Carollo: We're back and holding hands like Barney. Commissioner Diaz de la Portilla: Yeah, that works. Chair King: -- for an indefinite deferral of these items. Commissioner Reyes: Yes. Vice Chair Carollo: Yeah. City of Miami Page 99 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Commissioner Covo: Why don't we put a date on them? I mean, if they keep coming back, coming back and we've been -- Chair King: Because that 's why, because they keep coming back and coming back. Commissioner Reyes: That's the way it is. Commissioner Covo: What are we waiting for? Commissioner Reyes: But what are we waiting -- Commissioner Covo: I just have that question before we do it. Commissioner Reyes: We're waiting for some ruling and I'm trying to get some -- Chair King: We could bring it back -- Commissioner Reyes: -- definition. Chair King: -- at any time. Commissioner Reyes: Some definition, okay. Chair King: It just has to be noticed. We can bring it back at any time. Commissioner Covo: And just a question for my knowledge. Why is it that we keep different --? What information are we waiting? Is there something from the administration that we cannot like move forward with this, just for a vote? Commissioner Diaz de la Portilla: If you move forward with it, you're going to lose. Commissioner Covo: No, understood, understood. Commissioner Diaz de la Portilla: So, ifyou want -- Commissioner Covo: I know what my position is. Commissioner Diaz de la Portilla: -- to move forward, we '11 move forward, and we'll kill them ifyou want. Commissioner Covo: I know what my position is on it. Commissioner Reyes: Listen, listen -- Commissioner Covo: I just have a question of -- Commissioner Diaz de la Portilla: So what I recommend -- Commissioner Covo: -- why do we keep deferring them. Commissioner Reyes: For one -- Commissioner Diaz de la Portilla: -- is you defer it. Commissioner Reyes: -- for one thing that we don't have, you see -- and I'm totally opposed, and I'm going to say it here, loud and clear. I have a lot of people that I City of Miami Page 100 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 don't want Miami to become another Colorado, and I don't want Miami to become another Portland or anything like that. And I have a lot of students that they are getting, you see -- these stores we have to regulate that where they're going to be located. We have to regulate what they can sell because it is one thing that -- what they propose. And also, the consequences -- Commissioner Covo: That's good for me. That's a good answer, Commissioner. Commissioner Reyes: And that's -- and the consequences because now you go to any school, any school in Miami, any high school and children are getting addicted. And I'm going to tell you, and that goes also for the smoke shops. They sell some laced products that it is highly addictive, and some children -- I mean, some young people, they are becoming zombies. I can tell you because I have seen it firsthand. So, to me, there is no difference between those marijuana, or whatever they call it, stores that sell highly addictive, highly addictive products. Commissioner Covo: But I thought this was only medical. Commissioner Reyes: There is no difference between -- hold on a second, ma'am. There is no derence between them and a street pusher. We are -- we go after the street pusher because they are selling harmful products that makes you addicted to it and destroy your life, and we are not going after the stores that they 're selling that so we have to regulate them. Chair King: So what I'm -- what -- Commissioner Covo: I just want -- one brief comment, Madam Chair, please. Chair King: Wait, let me -- maybe this might curtail your comment. So, my colleagues, from what I understand from previous meetings, is that they'd like to maybe come up with a uniform -- Commissioner Reyes: That's right. Chair King: -- a uniform -- Commissioner Diaz de la Portilla: A comprehensive plan, of course. Chair King: -- comprehensive plan for dispensaries in the City of Miami. I, for one, there -- on these items, a couple fall in District 5. The current legislation does not allow for a dispensary within 500 feet of a school. But I don 't believe that 500 feet is enough. Commissioner Reyes: Me either. Chair King: So therein lies -- Commissioner Reyes: (UNINTELLIGIBLE). Chair King: -- an issue for me, as well as where they should be located. So -- and I've heard over and over, every time this comes up, and I share some concerns as well. Again, indefinitely deferred only means that at any time we can bring it back within six months or it will come back on its own in six months. Instead of saying -- Commissioner Covo: Great. That's -- those -- that's why I was asking, Madam Chair City of Miami Page 101 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: Right, right. Commissioner Covo: -- because I need the explanation since I wasn 't here before. Chair King: Right, so it's -- Commissioner Covo: And not only -- and I want to add something to your comment after you're finished, please. Chair King: So, instead of saying we'll bring it back in September -- if we bring it back in September, it's going to get deferred again because we're going to be on recess in August and no one's going to be working on this. So, that 's why I recommend an indefinite deferral, because it keeps coming back, it keeps coming back and we just keep kicking the can down the road. I'd like to see something from administration so that we have something concrete. And I recognize I don 't have the votes to push this today either so -- Commissioner Covo: Okay, that's fair enough of an answer. I just want to put into the record that as a mother of three children, Commissioner Reyes, I am probably one of the most concerned people about addiction and about smoking. But I do want to make sure that we remember, everyone here, that in these cases we are talking about medical marijuana specifically. Commissioner Reyes: Yes. Commissioner Covo: And I share your concern for the closeness to schools. Commissioner Reyes: That is -- but the definition has to be medical. And some of the gummier, they are not medical that they sell. They're not medical. And they -- you go -- and I have been going -- I have gone to Wynwood, for example, I went to a store, and they were selling not only -- not only -- I mean, the vaping marijuana, they were selling also the marijuana as it is for smoking. We have to determine what it is, what it is that they are selling. And you are the mother of two children. Chair King: Three. Commissioner Reyes: I am the grandfather and a teacher, you see, and I'm witnessing what's going on in our schools. There are schools that their bathrooms have been, I mean, they have to have somebody watching the bathrooms because there are so many kids that have been getting addicted. And that is my problem. That 's why I don 't differentiate between those stores that sell addictive products and a pusher -- and a street pusher that he is -- Commissioner Covo: Maybe -- Commissioner Reyes: -- selling other products that destroy -- Chair King: So let's -- Commissioner Reyes: -- people 's lives. Commissioner Covo: Maybe a solution could be, since this is such a complex issue, because it brings science into it and a lot of -- it brings the State into it, maybe we should just have a separate meeting on this topic soon. Commissioner Reyes: No, no, no special meeting. No, no, (UNINTELLIGIBLE). City of Miami Page 102 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: You could have a special meeting, but I won 't -- so -- Commissioner Covo: In October. Commissioner Diaz de la Portilla: (INAUDIBLE) don't want a special meeting. Vice Chair Carollo: No, I -- Chair King: I have a motion and a second. Vice Chair Carollo: Whoa, whoa, whoa, whoa, whoa, whoa. Chair King: Whoa, whoa, whoa. Vice Chair Carollo: You always start with your Vice Chair and you forgot -- Chair King: No, I'm look -- Vice Chair Carollo: -- you forgot your Vice Chair today. Chair King: -- I'm looking at you today, right now. I'm looking at you right now. I do have a motion and a second, though. Vice Chair Carollo: I was going to stay quiet, but then I hear this medical maryuana reason. And look, you want to legalize marijuana on the open is one thing. You're out in the open, you're out of the closet on it. But what bothers the heck out of me is hiding behind the medical component. This reminds me of the stuff that you put in your car to be able to park in places because you 're handicapped, the handicapped stickers. I mean, I think in all my years I might have only seen two people get out of a car where they have the handicap that were truly handicapped. The rest of them walked better than I did. And what's going to happen with this medical marijuana is that you're going to have all these quack doctors that are just going to be writing prescription after prescription so they can make all kinds of money on this. And that's a fact. I'm telling you what 's happening right now in our community. They got all these vans that must cost a quarter of a million apiece. They got so much stuff in them. And we've had to throw them out of Bayfront Park because they're out there with every kind of product that's maryuana that you can think of and selling to kids. So, this medical maryuana name that we're giving it's what's really a concern. If we had legitimate doctors that there would be X amount that would be put in a list that we know are real doctors that would really check somebody out if they really have a true medical problem that maybe marijuana might help them, I could see something like that, that we call it medical marijuana for a reason. But carte blanche, that any quack out there is going to be able to give somebody a prescription, they're going to be in South Dakota, New York, California, Colorado, and they'll be doing it by, you know, Zoom, just sending them a prescription. That I have a major problem with because then what we're doing is we're approving a Cheech and Chong resolution, where you're going to have everybody out there, you know, driving, walking, yeah, man, you know. And, you know, this is what you 're going to have. Right now, when you have DUIs (Driving Under the Influence), you have more DUIs for drugs than actual alcohol. Commissioner Reyes: Yeah. Vice Chair Carollo: So, I'm really concerned about the next generation that we're going to be burning their cells because the marijuana of today is not -- Commissioner Reyes: It's stronger. City of Miami Page 103 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Vice Chair Carollo: -- the maryuana of when I was a teenager -- Commissioner Reyes: The '60s. Vice Chair Carollo: -- many decades ago. Commissioner Covo: All those arguments are totally fair. I'm just concerned about patients that really require that. Commissioner Reyes: No, but that is different. That is different. Chair King: So, we have a consensus. Commissioner Covo: So, we -- let's defer -- let's defer it. Chair King: We don 't need to -- Vice Chair Carollo: Madam -- Chair King: -- we don 't need to debate it right now. Vice Chair Carollo: Madam City Attorney, can we as a City --? Yeah, of course, you're the City Attorney, right? Okay. Ms. Mendez: I didn't know if you were talking to me -- Vice Chair Carollo: Of course. Ms. Mendez: -- or Lakisha, so I apologize. Vice Chair Carollo: No, no, you 're the attorney. Can we as a City, in an ordinance, sped that we will only allow for medical doctors here in Miami that physically will see the patients and would have to have certain criteria in this field to be able to give prescriptions for medical marijuana? Because without that, this is a free-for-all. Ms. Mendez: Right. So, Commissioner, I would have to research that. That 's a very interesting point. We're supposed to treat them like pharmacies, so I would have to see the regulations about pharmacies. But I would assume that the pharmacists and doctors and -- so I will research. That is a very interesting point. Commissioner Reyes: But pharmacists -- I mean if they treat it -- if we 're treating them like pharmacy, I agree with it. Vice Chair Carollo: No -- no -- Commissioner Reyes: But hold on a second, hold on a second. As long -- as long as they have only -- they can only sell the ointments and those things that are used for pain, and that 's it, through a pharmacy, with -- just like a pharmacy, with a proper prescription from a medical doctor, because you can get, as Commissioner Carollo has already stated, in the Internet, you can get one of those IDs that allows you -- I mean, that you can present and they can sell it to you. And if you don't believe me, just go to any place. Go to St. Augustine, and when you enter in St. Augustine, there is a big sign that says, Medical Doc -- "Marijuana Doctor, " you see. They will sell you anything. It will sell you anything. It will sell you, as Commissioner Carollo said, marijuana today is extremely potent, more than before, more than before, and it's harming children and then harming people. So, we have to be very careful City of Miami Page 104 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 because now we are having problem, and there is a big problem and it is going to increase. So, what don't want -- because of money, because of money, I don't want to legalize illegal drug, you see, because now that is creating zombies and it's creating addicteds, you see. Chair King: So -- Commissioner Reyes: That's whatl don't want to do. Chair King: So, you have your charge. I see someone here I believe is a representative of the applicant. I'm going to allow him to speak for a minute, and then we will take the vote on whether or not to indefinitely defer these items. Sir, go ahead. Kevin Cruz: Good afternoon. Kevin Cruz, Greenspoon Marder, offices located at 600 Brickell Avenue, here on behalf of the applicants for PZ Items 16 through 20. We -- this is the second time it 's being indefinitely deferred. We ask the Commissioners to be mindful of that. It's been indefinitely deferred once in October of last year and several times after that. I don't want to debate. Chair King: Well, it actually can't be indefinitely deferred several times because it 's six months. Mr. Cruz: Well, it was indefinitely deferred in October of last year and then it was brought back and then deferred several times to today. Chair King: Exactly. Mr. Cruz: Okay. Chair King: Okay. Mr. Cruz: And we just ask that the Commissioners be mindful of that. Chair King: Entiendo, we understand. Mr. Cruz: And we're ready to move forward today. Chair King: Entiendo (Comment in Spanish not translated). Vice Chair Carollo: I'm sure. Commissioner Diaz de la Portilla: I'm sure you are. Chair King: Okay, so I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Where's Commissioner Reyes? Commissioner Reyes: (INAUDIBLE). Chair King: Aye? Vice Chair Carollo: Be careful, don't fall. Commissioner Reyes: Oh, thank you, sir. You're always looking after me. City of Miami Page 105 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Vice Chair Carollo: I am. Chair King: Okay. So, just say your "aye." We voted. Commissioner Reyes, say Commissioner Reyes: Yes. Chair King: Okay. So, PZ 16 through 20 is indefinitely deferred. Ma'am, at this time I'm about to close -- recess the Commission meeting for lunch, and we 're going to have the SEOPW CRA (Southeast Overtown/Park West Community Redevelopment Agency) meeting -- Commissioner Diaz de la Portilla: Before? Chair King: -- directly right now. Commissioner Diaz de la Portilla: Okay. Chair King: Right now. Commissioner Reyes: Right now? Chair King: Right now. It's going to be quick. Ma'am? Unidentified Speaker: I just wanted to make a comment. I did not know that once this bill had passed, that it had reached the point where they were going from the smoke shops to the schools. So, I want it to be made known that as far as drug enforcement or alcohol enforcement, that there -- I took a stance. And, you know, this might be trivial to this Commission, but I took a stance in my life. Once these drugs are confiscated, and as you know recently, there has been a great amount of drug confiscation and money involved, and this can go from pharmaceutical, it can go all the way down to streets. My stance is pharmaceutical. I mean, this is like prime time. If you 're going to the schools and they're going to promote smoke shops, I would not agree with that. Chair King: I agree with you. Thank you so much. City of Miami Page 106 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.17 12609 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-039 REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3160 NORTH MIAMI AVENUE, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A MEDICAL MARIJUANA DISPENSING FACILITY FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.17, please see Item Number PZ.16. City of Miami Page 107 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.18 12290 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF BILL'S NURSERY, INC., REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-019 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 172 WEST FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/ OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.18, please see Item Number PZ.16. City of Miami Page 108 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.19 12289 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ. REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R- 22-018 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2222 NORTHWEST 5 AVENUE, MIAMI, FLORIDA, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/ OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.19, please see Item Number PZ.16. City of Miami Page 109 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.20 12288 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF 6925 BISCAYNE, LLC, REVERSING /AFFIRMING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-017 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 6901 BISCAYNE BOULEVARD, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND / OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PZ.20, please see Item Number PZ.16. City of Miami Page 110 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.21 14188 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS AN EXCEPTION PURSUANT TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AND CHAPTER 4, SECTION 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES/PERMITS AND PUBLIC HEARINGS/EXCEPTION," TO PERMIT, WITH CITY COMMISSION APPROVAL, AN ALCOHOL SERVICE ESTABLISHMENT IN EXCESS OF 5,000 SQUARE FEET IN THE WYNWOOD CAFE SPECIALTY DISTRICT; FURTHER APPROVING AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF MIAMI 21 CODE AND CHAPTER 4, SECTIONS 4-4(G) AND 4-7(C) OF THE CITY CODE, TITLED "ALCOHOLIC BEVERAGES/DISTANCE SEPARATION" AND "ALCOHOLIC BEVERAGES/PERMITS AND PUBLIC HEARINGS/EXCEPTION," RESPECTIVELY, TO PERMIT, WITH CITY COMMISSION APPROVAL, AN UP TO FIFTY PERCENT (50%) REDUCTION IN DISTANCE SEPARATION REQUIREMENTS; FURTHER APPROVING A WARRANT PURSUANT TO ARTICLE 6, SECTION 6.3.2.2 AND ARTICLE 7, SECTION 7.1.2.4 OF THE MIAMI 21 CODE TO PERMIT AN OUTDOOR DINING AREA FOR A PROPERTY ZONED "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, GENERALLY LOCATED AT 2838 NORTHWEST 2 AVENUE (239 NORTHWEST 28 STREET), MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0348 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Vice Chair Carollo: 21, Madam City Attorney. Victoria Mendez (City Attorney): That one is -- PZ.21 is an exception. Commissioner Reyes: It doesn't have to be read. Vice Chair Carollo: Okay. Ms. Mendez: It doesn't have to be read, no. Commissioner Reyes: Okay, I'll move it. Commissioner Diaz de la Portilla: I'll second it. City of Miami Page 111 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.22 14204 Department of Planning PZ.22 14204 Department of Planning Vice Chair Carollo: It's been moved by Commissioner Reyes, seconded by Commissioner Diaz de la Portilla. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Vice Chair Carollo: It passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. R-12-0229, ATTACHED AS EXHIBIT "D"; TO RELEASE THE DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AS EXHIBIT "C," FOR THE PROPERTY GENERALLY LOCATED AT 1900 BRICKELL AVENUE, MIAMI, FLORIDA ("THE PROPERTY"), MORE PARTICULARITY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0346 MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.22 was continued to the September 28, 2023, City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. R-12-0229, ATTACHED AS EXHIBIT "D"; TO RELEASE THE DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AS EXHIBIT "C," FOR THE PROPERTY GENERALLY LOCATED AT 1900 BRICKELL AVENUE, MIAMI, FLORIDA ("THE PROPERTY"), MORE PARTICULARITY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0346 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 112 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.22 14204 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. R-12-0229, ATTACHED AS EXHIBIT "D"; TO RELEASE THE DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AS EXHIBIT "C," FOR THE PROPERTY GENERALLY LOCATED AT 1900 BRICKELL AVENUE, MIAMI, FLORIDA ("THE PROPERTY"), MORE PARTICULARITY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0346 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number PZ.22, please see "Order of the Day" and "Public Comments for all Item(s)." Chair King: So, we're back to the PZ (Planning and Zoning) items. Do we want to hear the PZ items? We can go through -- if there are PZ items that don 't require -- Vice Chair Carollo: PZ.3, I think will be a quick one. Chair King: That's been -- that's been withdrawn. Vice Chair Carollo: It has been withdrawn? What happened? Chair King: PZ.3 has been withdrawn, correct? Todd B. Hannon (City Clerk): Yes, ma'am. Chair King: PZ2 and 3 were withdrawn. I mean, PZ.2 is -- I'm sorry, PZ.3 is withdrawn. PZ2 is deferred until October 26. Vice Chair Carollo: What happened with PZ.3? Chair King: It was deferred. Commissioner Reyes: No, because we voted last time for it, but it was placed in this. Chair King: So, they -- well, it's been -- Commissioner Reyes: What we 're doing is just withdrawing it. Vice Chair Carollo: Okay. (INAUDIBLE) remember we voted for it. Commissioner Reyes: That's right. City of Miami Page 113 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: Oh, PZ.3, yes. But PZ.2 was deferred until October 22nd -- I mean, 26. And Commissioner, PZ.8, 9, were deferred until October 26. PZ.10, 11, and 12 are indefinitely deferred. Vice Chair Carollo: Okay, 8 and 9 PZ were deferred, and which are the ones are indefinitely deferred? Chair King: 10, 11, and 12. And PZ.26 and 27 were deferred until the last meeting in September. And PZ.30 and 31 are deferred until October 12. Mr. Hannon: And Chair, I do have PZ.22 being deferred to September 28. Chair King: September 28, that is correct. Vice Chair Carollo: Which are the others that are being deferred? Chair King: PZ.22. Vice Chair Carollo: 22. Chair King: Uh-huh. Vice Chair Carollo: Okay. Why is PZ.22 being deferred? Todd B. Hannon (City Clerk): I'm sorry, sir. I do not know the answer to that question. Vice Chair Carollo: Why is PZ.22 being deferred? Mr. Hannon: I would defer to the Planning Director. Lakisha Hull: Good morning, Lakisha Hull, Planning Director. So, PZ.22 is being deferred to allow for the applicant to work with the HOA (Homeowners Association). We received a letter in regards to some concerns with this request. Vice Chair Carollo: Okay, which HOA? Ms. Hull: So, the email that we received is -- I need to pull up that email, sir, so that I can get the correct HOA for the record. But we received an email a couple days ago, sir. Let me see ifI can pull that up. Vice Chair Carollo: Okay. Chair King: In the -- Vice Chair Carollo: Did this come from staff or from the applicant? Ms. Hull: It was from the administration. We spoke to the applicant as well, and so they're aware of the additional time to coordinate with the residents on the special appearance. There is a parallel application that they have to update as well, the exception, to allow for them to be in compliance with the conditions, sir. Vice Chair Carollo: Okay, alright. [Later... J City of Miami Page 114 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Ms. Hull: Madam Chair, I have an update for Commissioner Carollo on PZ.22 for the HOA. Chair King: We're going to recess the meeting now for lunch -- Ms. Hull: Okay. Chair King: -- and you can give him the update when we get back. Ms. Hull: Thank you. Chair King: So, at this time, we're going to recess for lunch, and we will return -- you guys, when do you want to come back for lunch -- from lunch? Commissioner Reyes: 3? Chair King: Que (Comments made in Spanish not translated). 2:30, let me be realistic about my colleagues. We'll -- 2? You're going to come back at 2? Are you going to be 2? Vice Chair Carollo: I'll need two hours to do so. Chair King: Okay. Vice Chair Carollo: 3, 3, 3. Chair King: Come back at 3? Vice Chair Carollo: Yeah. Chair King: 3? Vice Chair Carollo: Yeah. Chair King: Okay, we'll recess for lunch and be back at 3. [Later... ] Commissioner Reyes: Madam Chair, shall we request that she reads the next one, 23, 24, 25, 28? Chair King: Wait, I think we have -- Commissioner Diaz de la Portilla: Before you do that, Madam Chair -- Chair King: Is there any of the remaining items that anyone would like to have for discussion? Because my colleague over here said -- Commissioner Diaz de la Portilla: I think Commissioner Carollo may have one. Vice Chair Carollo: DI [sic] we could bring in at the next meeting. Chair King: Okay, so we -- do I have a motion to defer D1 [sic]? Commissioner Reyes: Move it. Chair King: All in favor? City of Miami Page 115 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 The Commission (Collectively): Aye. Chair King: D1 is deferred until the first meeting in September. Vice Chair Carollo: Right. [Later...1 Chair King: I believe we have still to go PZ.15, 23 -- Commissioner Diaz de la Portilla: Well, my issue was -- and I believe it 's PZ.22, there were some conversations that I've heard that may be brought up even though it was deferred. Commissioner Reyes: PZ. 22 was -- Chair King: Right. Commissioner Diaz de la Portilla: PZ.22 -- Chair King: That one was deferred to -- Commissioner Reyes: That was deferred. Commissioner Diaz de la Portilla: It was deferred, but to bring it back up perhaps and vote it? Vice Chair Carollo: And that was staff -- Commissioner Diaz de la Portilla: And staff has spoken to me, that's why. Vice Chair Carollo: -- the answer that I was given was that, at least as I understood, was that the applicant was satisfied, but that's not what I understand, that the applicant is satisfied with the deferral. Ms. Hull: Yes, sir. So, I did speak to the representative that's here today. He's able to speak, Mr. Gonzalez. We did discuss that there are two applications with this request, the special appearance, and then also the special exception, sir. Chair King: So, wait a minute. Is this deferred or not? Are we undeferring it? Victoria Mendez (City Attorney): So, this is -- the problem that this item has drawn -- Commissioner Diaz de la Portilla: We know. Ms. Mendez: -- opposition from the public. Commissioner Diaz de la Portilla: We know the issue. I had a conversation with Mr. Gonzalez on the break. What I'm requesting is that we bring it back and have the conversation. Mr. Gonzalez has requested that, and I think, in all fairness, that we should at least not defer it -- Commissioner Reyes: I move that we -- Commissioner Diaz de la Portilla: -- to the 28th. City of Miami Page 116 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Commissioner Reyes: -- bring it back. Chair King: So, do we have a motion? Commissioner Reyes: I'll move it. Commissioner Diaz de la Portilla: Bring it back. Commissioner Reyes: I move it. Chair King: Do we have --? Commissioner Diaz de la Portilla: I move it. Vice Chair Carollo: I second. Commissioner Diaz de la Portilla: I moved it to bring it back. Commissioner Reyes: Okay, I second. Vice Chair Carollo: Well, there's a motion. There's a second to bring it back. Commissioner Diaz de la Portilla: Okay, okay. Chair King: So, all in favor? The Commission (Collectively): Aye. Chair King: Okay, so we will bring back PZ.2 -- PZ.22 is in play, and we're going to discuss that one. [Later... J Vice Chair Carollo: Okay, 22, that we 're bringing back. Commissioner Reyes: I'm bringing back 22. Vice Chair Carollo: Yeah, sir. Alfredo Gonzalez: My name is Alfredo Gonzalez. I'm an attorney with Gunster, with offices at 600 Brickell Avenue, 35th floor. And I'm here on behalf of Jorge Suarez Menendez, who's the owner of this property at 1900 Brickell Avenue. There were two things our client wanted to accomplish. Number one was the termination of the covenants that have been recorded because they're no longer viable or reasonable based on the zoning. And number two, they filed a companion application for an exception to do some work in the property. As it turns out, if we do away with the covenants today, we would still have those restrictions in the special exception that was approved. So, what we want to do is amend the exception application we have to include a modification of the use to allow for general office, and secondly, the termination of these covenants. And I think staff is in agreement with that process. We would just like to make sure that that gets done by the 28th. Lakisha Hull (Director, Planning): Madam Chairwoman, if I can address the Commission. Chair King: Please do. City of Miami Page 117 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Ms. Hull: Okay. So, I have spoken to the applicant representative and we're working on that timeline to get to the first PZAB (Planning, Zoning and Appeals Board) meeting in September. And so once this is heard before PZAB, then the covenant can be released and everything will be able to line up with the votes accordingly. So, PZAB is the decision -making body for the exception. Special appearance is brought before Commission for the decision, sirs. Commissioner Diaz de la Portilla: But it's not the decision -making body. It's the body. It's not binding, right? Ms. Hull: The exception, the way the Code is written on this one, sir, that -- Commissioner Diaz de la Portilla: It is? Ms. Hull: Yes. They will be the final decision -makers for the exception, sir. Commissioner Diaz de la Portilla: Okay. So can I move it? Ms. Hull: So, with the special appearance, I think it's at the will of the Commission if you guys want to move it today. Commissioner Diaz de la Portilla: So, I want to go ahead and move it. Vice Chair Carollo: It's been moved. Chair King: This is PZ.22? Commissioner Reyes: Second. Commissioner Diaz de la Portilla: 22. Commissioner Reyes: It has been moved? Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Gonzalez: Thank you. Commissioner Diaz de la Portilla: Thank you. Thank you, Madam Chair. City of Miami Page 118 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.23 ORDINANCE Second Reading 14201 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-0," URBAN CENTER TRANSECT ZONE - OPEN (NORTHERN PORTION), AND "T4-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED (SOUTHERN PORTION), TO "T5-O," URBAN CENTER TRANSECT ZONE - OPEN (NORTHERN), AND "T4-O," GENERAL URBAN TRANSECT ZONE - OPEN (SOUTHERN PORTION), OF THE PROPERTY GENERALLY LOCATED AT 3030 SOUTHWEST 22ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14201 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Chair King: I believe we have still to go PZ.15, 23 -- Commissioner Diaz de la Portilla: Well, my issue was -- and I believe it's PZ.22, there were some conversations that I've heard that may be brought up even though it was deferred. Commissioner Reyes: PZ.22 was -- Chair King: Right. Commissioner Diaz de la Portilla: PZ.22 -- Chair King: That one was deferred to -- Commissioner Reyes: That was deferred. Commissioner Diaz de la Portilla: It was deferred, but to bring it back up perhaps and vote it? Vice Chair Carollo: And that was staff -- Commissioner Diaz de la Portilla: And staff has spoken to me, that's why. Vice Chair Carollo: -- the answer that I was given was that, at least as I understood, was that the applicant was satisfied, but that's not what I understand, that the applicant is satisfied with the deferral. City of Miami Page 119 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Ms. Hull: Yes, sir. So, I did speak to the representative that's here today. He's able to speak, Mr. Gonzalez. We did discuss that there are two applications with this request, the special appearance, and then also the special exception, sir. Chair King: So, wait a minute. Is this deferred or not? Are we undeferring it? Victoria Mendez (City Attorney): So, this is -- the problem that this item has drawn -- Commissioner Diaz de la Portilla: We know. Ms. Mendez: -- opposition from the public. Commissioner Diaz de la Portilla: We know the issue. I had a conversation with Mr. Gonzalez on the break. What I'm requesting is that we bring it back and have the conversation. Mr. Gonzalez has requested that, and I think, in all fairness, that we should at least not defer it -- Commissioner Reyes: I move that we -- Commissioner Diaz de la Portilla: -- to the 28th. Commissioner Reyes: -- bring it back. Chair King: So, do we have a motion? Commissioner Reyes: I'll move it. Commissioner Diaz de la Portilla: Bring it back. Commissioner Reyes: I move it. Chair King: Do we have --? Commissioner Diaz de la Portilla: I move it. Vice Chair Carollo: I second. Commissioner Diaz de la Portilla: I moved it to bring it back. Commissioner Reyes: Okay, I second. Vice Chair Carollo: Well, there's a motion. There's a second to bring it back. Commissioner Diaz de la Portilla: Okay, okay. Chair King: So, all in favor? The Commission (Collectively): Aye. Chair King: Okay, so we will bring back PZ.2 -- PZ.22 is in play, and we're going to discuss that one. City of Miami Page 120 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.24 ORDINANCE Second Reading 14037 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 205 AND 219 SOUTHWEST 8 AVENUE, 766 SOUTHWEST 2 STREET, AND 779 SOUTHWEST 3 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14202 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Note for the Record: For minutes referencing Item Number PZ.24, please see Item Number PZ.15. PZ.25 ORDINANCE Second Reading 14038 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L," GENERAL URBAN ZONE — LIMITED, TO "T5-L," URBAN CENTER ZONE - LIMITED, OF THE PROPERTY GENERALLY LOCATED AT 205 AND 219 SOUTHWEST 8 AVENUE, 766 SOUTHWEST 2 STREET, AND 779 SOUTHWEST 3 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER, ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14203 City of Miami Page 121 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Note for the Record: For minutes referencing Item Number PZ.25, please see Item Number PZ.15. PZ.26 ORDINANCE Second Reading 14035 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY GENERALLY LOCATED AT 136 NORTHWEST 35TH STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.26 was continued to the September 28, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.26, please see "Order of the Day." City of Miami Page 122 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.27 ORDINANCE Second Reading 14036 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE -OPEN, AND APPROVING A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," OF THE PROPERTY AT 136 NORTHWEST 35TH STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.27 was continued to the September 28, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.27, please see "Order of the Day." PZ.28 ORDINANCE Second Reading 13973 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX - RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3699 SOUTHWEST 1 AVENUE AND 3701 SOUTHWEST 1 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14204 City of Miami Page 123 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Note for the Record: For minutes referencing Item Number PZ.28, please see Item Number PZ.15. PZ.29 ORDINANCE Second Reading 13974 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 "CS," CIVIC SPACE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3699 SOUTHWEST 1 AVENUE AND 3701 SOUTHWEST 1 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14205 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Note for the Record: For minutes referencing Item Number PZ.29, please see Item Number PZ.15. City of Miami Page 124 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.30 ORDINANCE Second Reading 13965 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES UNDER SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING THE "INTERPRETATION OF THE 2020 FUTURE LAND USE MAP" FOR "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO CLARIFY RESIDENTIAL USES WITHIN THIS FUTURE LAND USE DESIGNATION; MAKING FINDINGS; CONTAINING SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.30 was deferred to the October 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.30, please see "Order of the Day." PZ.31 ORDINANCE Second Reading 13872 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY AMENDING ARTICLE 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.31 was deferred to the October 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.31, please see "Order of the Day." City of Miami Page 125 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 PZ.32 ORDINANCE First Reading 14187 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Planning ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24A-O," URBAN CORE TRANSECT ZONE — OPEN, TO "T6-24B-O," URBAN CORE TRANSECT ZONE -OPEN, OF THE PROPERTY GENERALLY LOCATED AT 1635 NORTH MIAMI AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Carollo, Diaz de la Portilla, Covo, Reyes ABSENT: King Note for the Record: For minutes referencing Item Number PZ.32, please see Item Number PZ.15. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 126 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 FL - FUTURE LEGISLATION FL.1 14192 Office of Zoning FL.2 14195 Office of Zoning 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 ("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. RESULT: NO ACTION TAKEN ORDINANCE AN ORDINANCE, WITH ATTACHMENTS, 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, AND AMENDING ARTICLE 7, SECTION 7.1.2.5, TITLED "WAIVER," TO UPDATE THE WAIVER SUMMARY LIST; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN City of Miami Page 127 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 FL.3 14196 Office of Zoning FL.4 14197 Office of Zoning ORDINANCE AN ORDINANCE, WITH ATTACHMENTS, 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; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN ORDINANCE AN ORDINANCE, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") 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. RESULT: NO ACTION TAKEN City of Miami Page 128 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 FL.5 14202 Office of Zoning 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 ("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; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 129 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 NA.1 14399 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SETTLEMENT AGREEMENT IN THE MATTER OF 1000 BRICKELL, LTD., ET AL., V. CITY OF MIAMI, MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 2014- 11755-CA-01, INCLUDING CITY OF MIAMI V. 1000 BRICKELL, LTD., THIRD DISTRICT COURTY OF APPEAL, CASE NOS. 3D22- 1897 AND 3D23-950; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0349 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number NA.1, please see "Order of the Day." Commissioner Diaz de la Portilla: I have a pocket item. I don't know what number, Vicky. Victoria Mendez (City Attorney): You're 8 --you're Pocket Item 9. Commissioner Diaz de la Portilla: I'm Pocket Item 9. Chair King: Wait, but we don't have -- Commissioner Carollo, are you doing Pocket Item 8? You were saying maybe. Vice Chair Carollo: No. Chair King: So, he would be Pocket Item -- Vice Chair Carollo: No, 8, no, 8. Chair King: So, he -- that '11 be Pocket Item Number 8. Ms. Mendez: Okay. Commissioner Diaz de la Portilla: Okay, so Pocket Item Number 8, renamed -- renumbered. Ms. Mendez: Renamed -- renumbered. Chair King: Renumbered. Commissioner Diaz de la Portilla: Renumbered, renumbered. City of Miami Page 130 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: Pocket Item Number 8. Okay, how would you guys like to -- because we have 1, 2, 3, 4, 5, 6, and 8 remaining as pocket items. Commissioner Diaz de la Portilla: We can take them together. I have no problem. Chair King: Pardon? Arthur Noriega (City Manager): Two you did, two you did. Commissioner Reyes: I have no problem with -- Chair King: Right, we did two already. Commissioner Diaz de la Portilla: Two we did. Chair King: So, it's 1, 3, 4, 5, 6 and 8. Commissioner Diaz de la Portilla: I move them. Commissioner Covo: And I would like -- Commissioner Reyes: I second. Commissioner Covo: -- to cosponsor 4. Commissioner Reyes: Yes. Chair King: Okay. Todd B. Hannon (City Clerk): Chair, my apologies. Chair King: Yes. Mr. Hannon: PI.6 is just a discussion item. Commissioner Diaz de la Portilla: So, pull that one and move all the other ones. Chair King: So, pull the -- Mr. Hannon: You don't need to vote on it, correct. Chair King: Okay. Commissioner Reyes: Yeah, pull them out. Chair King: So, 1, 3, 4, 5, and 8. Do I have a motion? Commissioner Reyes: Mine is included in that. Commissioner Diaz de la Portilla: I move it. Yes, I moved it -- Chair King: Yes. Commissioner Diaz de la Portilla: -- and Commissioner Reyes seconded. Commissioner Reyes: Seconded. City of Miami Page 131 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 NA.2 14400 City Commission Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Pocket items carry. [Later...] Chair King: I believe that will -- Victoria Mendez (City Attorney): Madam Chair, just 30 seconds, I'm sorry. I just wanted to clam, you know, your resolution, I think we may have described it before, I just wanted to confirm that it was the Bird Key -- for the County to acquire Bird Key. Chair King: Yes. Ms. Mendez: I just wanted to make sure that was described. PI.3 had to do with the Parks Fence Master Plan and changes that have to be done to that. I wanted to confirm about PI.5 had to do with the local option and the Manager having authority to negotiate that so that we don't lose out on any monies based on what happened at the County. And then PI.1 was just claming for Allen Morris Park that we're going to get indemnification up to $750,000 and that the park will be opened up as well as soon as possible with regard to the developers that are going to make it accessible to the public. So, I think we covered everything. Chair King: Thank you. And that will conclude the City of Miami Commission meeting for July 27th, 2023. Everyone have a wonderful rest of your summer and we will see you in September. Commissioner Reyes: And have a very nice vacation, all ofyou guys. Vice Chair Carollo: Next meeting is when? Chair King: September. Commissioner Reyes: Enjoy yourself okay. Enjoy, have fun. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PROPOSE LEGISLATION TO THE CITY OF MIAMI ("CITY") COMMISSION AT THE SEPTEMBER 14, 2023 CITY COMMISSION MEETING TO CREATE A SPORTS AND RECREATION ADVISORY BOARD THAT WILL ADVISE ON MATTERS RELATED TO THE DEVELOPMENT AND OPERATION OF SPORTS AND RECREATION FACILITIES LOCATED IN THE CITY. ENACTMENT NUMBER: R-23-0350 MOTION TO: Adopt RESULT: ADOPTED MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 132 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Note for the Record: For additional minutes referencing Item Number NA.2, please see "Order of the Day" and "Public Comments for allltem(s)." Vice Chair Carollo: You know, so, let's keep the class in line. The -- Commissioner, I think I don 't need a translator for my comments. I think you understood the polite statement that I made. The one thing that I do want is we're going to create another board out of so many that we have, that many don 't meet, we can 't even find people for them, and then some just were sunsetted out because they didn't meet. This one could be a very important board, and we should make sure that it's done in a way that people are truly going to work and it just doesn 't fall apart. I think each of us should have one person that we name to this board, see how that works. Commissioner Covo: Of course, I agree. Vice Chair Carollo: I will gladly second your motion for it. The motion that I would like to hear is that we send it to the -- is it done already here, a resolution? No, (UNINTELLIGIBLE). Okay, that we send it to the City Attorney to create it, have the Manager go through it, and then we fine-tune it with your assistance to them and bring it back in the first meeting in September to officially vote on it. Commissioner Covo: I think that's very fair. And I want to add to that, Commissioner Reyes, this is something that is citywide. I'm going to tell you why. When we went to the opening of the Shenandoah pool, three families that I knew from my district had moved to your district and they were so happy and eager to see this pool. And I think that we are becoming more diverse. A lot of new families moved in, they want to see the right programs for the children. What I don 't want to see within the city, Mr. Manager, is for us to spend resources, for example, training coaches and don't have courts to play. I want to make sure that we are in fine tune with what we want as a city of the future. Commissioner Reyes: Madam Chair, what I'm afraid is, and I'm being very blunt, you see. Commissioner Covo: I know you are. Commissioner Reyes: Yes. What I'm afraid is that we are going to create and we 're going to give power to people, I mean, nothing wrong with that, but that it's going to delay the projects. One of the problems that you have that you don 't have a pool in Morningside is everybody is -- and it's lack of leadership and the person that sits in that chair because sometimes -- I mean, I have the same problem in Shenandoah, you see. Some people wanted one type of pool and other people wanted another type of pool and I took -- I made the final decision and I said this is it. Not everybody was happy, and you will never get -- make everybody happy, never, you see. Commissioner Covo: And I'm going through the same situation with a pool as well. But I'm thinking about qualified people that could help us filter. I'm going to give you an example. I got approached by one of the main professional coaches that worked at UM (University of Miami) for a long time. And now this person is retiring, and she's concerned. So, I am talking about people that could be qualified to be the voice for the community so we can get to please as many people as possible. Commissioner Reyes: I quite don't understand what would be -- could you please try to develop it and -- I mean, you have a concept. Conceptualize it and see what would be the power of that board. Who they are going to -- what it is, what they're going to be doing. And I mean, everybody, every one of us will have a member of it. But I don 't want a board that now -- people from different -- City of Miami Page 133 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Commissioner Covo: Yeah, no one applies and that it doesn 't do anything. Commissioner Reyes: -- from different districts. Commissioner Covo: I understand. Commissioner Reyes: Now, that I am going to build -- I'm building a new park, for example. I'm building a new park. Already I had my meeting, community meeting. There were different opinions there, majority rules, what the majority wants and what was feasible at the time. The decision was made, the plans are done, and we are breaking ground in about a couple of months, you see? Probably next month because now we're looking for the person that is going to do it, you see? I mean -- Commissioner Covo: So, let's work the details and then -- Chair King: So -- Commissioner Covo: -- we'll bring it back in September. Chair King: And let me -- let me expound on what Commissioner Reyes is saying. Commissioner Reyes: What I don't want is a board to come and get in the middle of that -- Chair King: Right. Commissioner Reyes: -- project and then will delay the project with going back and forth. Commissioner Covo: And it's for the recreational programs. Commissioner Reyes: That's what I'm afraid. Commissioner Covo: It's not for -- it's just for the recreational programs and sports programs. Vice Chair Carollo: If -- Commissioner Covo: We're not talking about the plans. Commissioner Reyes: Okay, sports programs, fine. Commissioner Covo: No, no, this has nothing to do with our park master plan, with the projects that we have ongoing. This is more to be more efficient, for example, regarding an after -school sports program, or coaching, training, and paying for coaches that we need to make sure that then we're using. So, let's say we train coaches for baseball, but the community doesn't want baseball. Then we're wasting money. So, what I'm talking is about the sports and the recreational programs, not about what we're doing with the parks. Commissioner Reyes: I don't (UNINTELLIGIBLE). Chair King: Right, but -- Vice Chair Carollo: Well -- Arthur Noriega (City Manager): No, I think -- City of Miami Page 134 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Chair King: But that all -- Vice Chair Carollo: Yeah. Chair King: -- ties into the specific park. For example -- Commissioner Reyes: Development. Chair King: -- at Charles Hadley Park -- Vice Chair Carollo: (UNINTELLIGIBLE). Chair King: -- we have an optimist program there -- Vice Chair Carollo: That cannot be part of it. Chair King: -- the Liberty City Optimist. Vice Chair Carollo: I got too many parks coming on board. Chair King: And that program is operated by a nonprofit, and their regulations -- Commissioner Reyes: (UNINTELLIGIBLE). Chair King: -- they regulate the program, not Parks and Recreation or not a board. Commissioner Covo: Like the one that I have at Virrick Park. Chair King: Right, so -- Commissioner Covo: Yeah, no, I totally understand. Chair King: -- and then to create a board -- I echo what Commissioner Reyes is saying -- that you have a board that's made up of representatives from the five of us, but then you have someone from D5 (District 5) weighing in on something happening in other districts and they're not really versed with it. Vice Chair Carollo: Well -- Chair King: And that might -- Vice Chair Carollo: Yeah, but Commissioner, this is very simple. Commissioner Covo put down that it would be an advisory board. Commissioner Covo: It's an advisory board. Vice Chair Carollo: That's all that it is. If you remember my statements early on in the day, I echo what Commissioner Reyes said and more, because right now he 's got that big park in Shenandoah, but I've got numerous ones that are coming. So, we can't be slowed down in those parks. But at the same time, I will say to you, having grown up in Chicago as a kid, I will tell you that one of the most important things that a city can do is have ample and adequate sporting facilities to get kids involved. You get them involved in sports, they 're not going to be involved in crime, in drugs and other things. So, I compliment you for that idea. And with the guidelines that I mentioned, you know, I'm ready to move forward if you want to call the question, Chairman. City of Miami Page 135 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Commissioner Reyes: Sure, go right ahead. Chair King: Yes. So, do I have a motion? Commissioner Diaz de la Portilla: I'll move it. Todd B. Hannon (City Clerk): Yes, it was moved by Commissioner Covo, seconded by Commissioner Carollo. Chair King: Okay. All in favor? The Commission (Collectively): Aye. Vice Chair Carollo: With the amendment -- Commissioner Reyes: That's only an advisory. Vice Chair Carollo: -- that we don 't open Pandora's box. Commissioner Reyes: That's right. Chair King: Right. Commissioner Reyes: That is -- it is only an advisory board. Commissioner Covo: It's an advisory board. Commissioner Reyes: And it doesn't -- I do understand, you know, that an advisory board that analyzes the type of sports that we need and also organizes, you know, inter -city leagues and all of that, that is fantastic. Chair King: Yes. Commissioner Reyes: Only sports. Mr. Noriega: Can I -- can I --? Commissioner Reyes: But that is fantastic, but having their hands on my projects, no. Mr. Noriega: Can I suggest one minor amendment? Can --? September's a -- Chair King: Absolutely. Mr. Noriega: -- a really kind of -- Chair King: Busy month, yes. Commissioner Covo: You want to do it in October. Mr. Noriega: -- busy month. Can we push it to the first meeting in October? Commissioner Covo: That's okay. Vice Chair Carollo: Sure, okay. Chair King: Okay. City of Miami Page 136 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 Commissioner Reyes: Okay. Chair King: I believe now what we have remaining are pocket items. Vice Chair Carollo: We haven 't voted on this. Commissioner Diaz de la Portilla: Let's vote on it first. Chair King: Oh. Vice Chair Carollo: Okay, let's vote on it. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Carollo: Okay. I have a pocket item. Victoria Mendez (City Attorney): Okay, so that handled -- I'm sorry, Commissioner, really quick. That handled Commissioner Covo's discussion item that was also the pocket resolution of the Sports and Recreation Advisory Board, so that was the item -- Vice Chair Carollo: That's what it was, that's what it was. Ms. Mendez: -- PI.2, right. Commissioner Reyes: Yeah. Chair King: Okay, so that's pocket item which one? Ms. Mendez: 2. Chair King: 2. Vice Chair Carollo: Okay. Chair King: Okay. City of Miami Page 137 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 NA.3 14401 City Commission NA.4 14402 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ADOPTING A CITY OF MIAMI ("CITY") PARKS FENCE AND WALL MASTER PLAN, AS A GUIDING TOOL FOR THE FUTURE IMPROVEMENT AND DEVELOPMENT OF FENCES AND WALLS IN CITY PARKS ERECTED OR MAINTAINED IN CONNECTION WITH ACTIVE RECREATIONAL USES INCLUDING BUT NOT LIMITED TO SPORTS FIELDS, COURTS, OR OTHER ACTIVE RECREATIONAL USES REQUIRING TALLER FENCES, WALLS, OR NETTING TO ENSURE PUBLIC SAFETY IN CONNECTION WITH SUCH USES; DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THIS RESOLUTION; FURTHER DIRECTING THE CITY MANAGER TO INCORPORATE THE PARKS FENCE AND WALL MASTER PLAN INTO THE NEXT UPDATE TO THE CITY OF MIAMI'S PARKS AND PUBLIC SPACES MASTER PLAN; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0351 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number NA.3, please see "Order of the Day" and Item Number NA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE COUNTY (THE "COUNTY") TO CONSIDER ACQUIRING BIRD KEY FROM BIRD KEY LLC, THE CURRENT PRIVATE OWNERS, AS PART OF ITS ENVIRONMENTALLY ENDANGERED LANDS PROGRAM; FURTHER URGING THE COUNTY TO ENACT LEGISLATION THAT DESIGNATES BIRD KEY AS A PROTECTED ENVIRONMENTAL SANCTUARY AND RESTRICTS COMMERCIALIZATION OR HUMAN DEVELOPMENT AROUND THE AREA; URGING THE UNITED STATES COAST GUARD TO CONDUCT A THOROUGH ENVIRONMENTAL IMPACT ASSESSMENT OF ANY COMMERCIAL PROJECTS PROPOSED IN THE AREA SURROUNDING BIRD KEY AS PART OF ITS REGULATORY REVIEW PROCESS AND TO REJECT ANY PROJECTS THAT WOULD DISTURB THE ECOSYSTEM OF THE ISLAND; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0352 City of Miami Page 138 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 NA.5 14403 City Commission NA.6 14404 City Commission MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number NA.4, please see "Order of the Day" and Item Number NA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY FOR THE DISTRIBUTION OF LOCAL OPTION FUEL TAX PROCEEDS FOR THE THIRTY (30) YEAR PERIOD INCLUDING JANUARY 1, 2024, THROUGH DECEMBER 31, 2053; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, ALLOCATE AND APPROPRIATE THE PROCEEDS OF THE LOCAL OPTION FUEL TAX FOR THE THIRTY (30) YEAR PERIOD INCLUDING JANUARY 1, 2024, THROUGH DECEMBER 31, 2053 THE CITY'S RECEIVES PURSUANT TO THE INTERLOCAL AGREEMENT, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA, AND LOCAL LAWS, RULES, AND REGULATIONS THAT GOVERN THE ACCEPTANCE, BUDGETING, ALLOCATION, APPROPRIATION, AND USE OF THE LOCAL OPTION FUEL TAX PROCEEDS. ENACTMENT NUMBER: R-23-0353 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number NA.5, please see "Order of the Day" and Item Number NA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO EXPLORE OPTIONS AND SOLUTIONS FOR THE CITY OF MIAMI ("CITY"), INCLUDING BUT NOT LIMITED TO CITY PARKS, TO ADDRESS THE EXTREME HEAT IN THE CITY. ENACTMENT NUMBER: R-23-0354 City of Miami Page 139 Printed or/ 09/12/2023 City Commission Meeting Minutes July 27, 2023 NA.7 14405 City Commission MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number NA.6, please see "Order of the Day" and "Public Comments for all Item(s)." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING NO OBJECTION TO THE BOUNDARY MODIFICATION OF THE NATOMA MANORS ROVING SECURITY GUARD SPECIAL TAXING DISTRICT TO WHICH THE CITY OF MIAMI HAS NO ADMINISTRATIVE, LEGAL, OR FINANCIAL OBLIGATIONS ASSOCIATED WITH THE DISTRICT; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0355 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number NA.7, please see "Order of the Day." Vice Chair Carollo: Now, Madam City Attorney, can you read the resolution for the pocket item that have for Coconut Grove? Victoria Mendez (City Attorney): Yes. So, Pocket Item 7, having to do with Natoma Manor. A resolution of the Miami City Commission expressing no objection to the boundary modification of the Natoma Manor's Roving Security Guard Special Taxing District to which the City of Miami has no administrative, legal, or financial obligations associated with the district, providing for transmittal and providing for an effective date. As you know, this area has a little roving security guard patrol and they need to add another property to this roving patrol, but that needs to be through a process in Miami -Dade County. It has to go to the tax assessor, then an interlocal comes back to us. So, this is just like the first step in trying to get this on a ballot or whatever Miami -Dade County has to do in their process for the roving taxing district. Chair King: Okay. Commissioner, do you have a pocket? Commissioner Diaz de la Portilla: I do. Chair King: Okay. Commissioner Diaz de la Portilla: I don't know what number. I don't know what -- Vice Chair Carollo: We haven't voted on it. City of Miami Page 140 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 NA.8 14406 City Commission Commissioner Reyes: That's right. Chair King: No. Commissioner Diaz de la Portilla: Let's vote on this one first. Chair King: You want to vote on this one? Okay. Commissioner Diaz de la Portilla: After all -- okay. Chair King: Do I have a motion? Commissioner Diaz de la Portilla: I'll move it. Vice Chair Carollo: Motion. Commissioner Diaz de la Portilla: I second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: And that's Pocket Item 7. Commissioner Reyes: That is -- Ms. Mendez: Then Commissioner -- Commissioner Diaz de la Portilla: So, I have a -- Commissioner Reyes: -- pocket item -- Commissioner Covo: That was 7, and then we did 2 before. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE SELF-DETERMINATION RIGHTS OF THE RESIDENTS OF THE LITTLE GABLES AREA ("AREA") TO CONSIDER A 2023 ANNEXATION PETITION BY THE CITY OF CORAL GABLES ("CORAL GABLES") BY ELECTION; DECLARING NO OBJECTION BY THE CITY OF MIAMI TO THE UPCOMING 2023 PETITION BY CORAL GABLES TO ANNEX THE AREA; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0356 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number NA.8, please see Item Number NA.1. City of Miami Page 141 Printed on 09/12/2023 City Commission Meeting Minutes July 27, 2023 NA.9 14411 Office of the City Clerk ADJOURNMENT RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: Grace C. Lopez ENACTMENT NUMBER: R-23-0358 NOMINATED BY: Commissioner Christine King MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Todd B. Hannon (City Clerk): And I have one non -agenda board appointment to the LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer) Advisory Board. Chairwoman King would like to appoint Grace Lopez. Commissioner Reyes: Move. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Hannon: That concludes the boards and committees. Thank you, Chair. Chair King: Thank you. The meeting adjourned at 4:14 p.m. City of Miami Page 142 Printed on 09/12/2023