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HomeMy WebLinkAboutCC 2014-05-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, May 22, 2014 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chair Keon Hardemon, Vice Chair Marc David Sarnoff, Commissioner District Two Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes May 22, 2014 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA - PERSONAL APPEARANCE PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES BU - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the 22nd day of May 2014, 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 Chair Gort at 9:04 a.m., recessed at 12: 22 p. m., reconvened at 3: 04 p. m, and adjourned at 4: 13 p.m. Note for the Record: Commissioner Hardemon entered the Commission chambers at 9:11 a.m., Commissioner Suarez entered the Commission chambers at 9:37 a.m. and Commissioner Sarnoff entered the Commission chambers at 3: 04 p.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Morning. Welcome to the May 22, 2014 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Frank Carollo; Francis Suarez; Marc Sarnoff; Vice Chairman, Keon Hardemon; and myself Chair, Wifredo Willy'Gort. Also on the dais are Daniel Alfonso, the City Manager; Victoria Mendez, City Attorney; and Todd Hannon, City Clerk. At this time I'm going to ask you to stand for the invocation and the pledge of allegiance. Invocation will be by myself; the pledge of allegiance by Commissioner Carollo. Invocation and pledge of allegiance delivered. Chair Gort: Unfortunately, Commissioner Sarnoff will not be in until about 3 o'clock today; he's been ill, but he's going to try to make it to be here at 3 o'clock PRESENTATIONS AND PROCLAMATIONS PR.1 14-00475 PRESENTATION Community Partnerships Scholarship Winners Miami Bayside Foundation Chairman Gort Mayor Regalado Missing Children's Chairman Gort w/ Day All Officials Retirement: Rosa "Rosy" Gomez Anel Rodriguez 14-00475 Protocol Item.pdf Mayor Regalado Certificates of Appreciation Certificates of Merit Resolution Certificates of Appreciation City ofMiami Page 3 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 PRESENTED 1) Chair Gort presented Certificates of Appreciation to various Police Officers and NET employees for their dedication and commitment to elevating the quality of life in our neighborhoods and for their community partnerships and civic involvement. 2) Mayor Regalado joined with the Miami Bayside Foundation presented Certificates of Commendation to 26 City of Miami High School Seniors as winners of the first Miami Bayside Foundation Scholarship to pay tribute to their dedication, commitment and talents; furthermore commending their enthusiasm for academic excellence and their success in continuing their education by attending college. 3) Chairman Gort with All Officials presented a Resolution calling upon our citizens to embrace a commitment to protect and save our children and to support the efforts of the National Center for Missing & Exploited Children - a resource organized to help prevent more than 2000 reported child abductions daily. 4) Mayor Regalado presented Certificates of Appreciation to Rosa Rosy'Gomez from the Law Department and Anel Rodriguez from Hearings Boards, recognizing their many years of employment and service to the City of Miami; furthermore applauding them for the use of special skills and knowledge to elevate the quality of life of the people of Miami, serving as pillars of dependability in their perspective roles as public servants. Chair Gort: At this time we'll have the proclamations. Presentations made. Later... Chair Gort: Mayor Regalado, you're recognized. Mayor Tomas Regalado: Thank you, Mr. Chairman, and good morning. Presentation made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez END OF APPROVING MINUTES Chair Gort: Do we have any minutes to be approved? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the Planning & Zoning meeting minutes from the April 24, 2014 Miami City Commission meeting. Chair Gort: Okay, do I have a motion to approve the minutes? Commissioner Carollo: So moved. Vice Chair Hardemon: Second. Chair Gort: It's been moved by Commissioner Carollo; second by Vice Chairman Hardemon. City of Miami Page 4 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 MAYORAL VETOES ORDER OF THE DAY Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. NO MAYORAL VETOES Todd B. Hannon (City Clerk): Chair, would you like to do mayoral vetoes and minutes? Chair Gort: Yes, and I should have done that a long time ago. Thank you for reminding me. Do we have any vetoes, mayor's veto? Mr. Hannon: Chair, there are no mayoral vetoes? Chair Gort: Mr. Clerk, you want to announce some of the announcements -- some of the changes that been made for today agenda? Todd B. Hannon (City Clerk): Good morning, ladies and gentlemen. I would like to share with you the time certain agenda items for today's Commission meeting. The following agenda items have been assigned a time certain designation: PA.1 is going to be heard at 9 a.m.; RE.10 will be heard at 10 a.m.; D4.1 will be heard at 11 a.m.; RE.4 will be heard at 2: 30 p.m.; items PH 1, PH.2, SR.1 -- and again, that's item SR.1 and item RE. 7 are to be heard after the lunch recess between roughly the times of 3 p.m. and 6 p.m. And ladies and gentlemen, for clarification, SR.1 has to do with public allies. I believe there are a few people here that received a letter from the City regarding public allies, so that is item SR.1. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I just want to, for the record, state that I'm going to request a deferral of SR.1, due to the fact that those notices did go out, and we received numerous phone calls, messages with regards to that, and I think there's a lot of confusion with regards to SR.1, so I think it behooves all of us if we have a little bit more time to address that. And I guess that's the reason that I wanted to have the list of all the alleyways that were going to be closed, because we're doing a citywide general policy and I think it affects people differently. So I'm going to be requesting a deferral of that item. Chair Gort: Okay. As soon as we convene as the Commission, we'll go ahead and do it; we'll have a quorum, so we'll -- Commissioner Carollo: Got it. Chair Gort: -- be able to do it. Later... Chair Gort: Madam Attorney, will you go over the procedure, please? Victoria Mendez (City Attorney): Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's Office. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov. com [sic]. Any person may be heard by the City Commission through the Chair for not more than two City of Miami Page 5 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 minutes on any proposition before the City Commission, unless modified by the Chair. 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. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov. com [sic]. No cell phones or other noise -making devices are permitted in Commission chambers. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will either end at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time the Administration will announce which items, if any, are being either withdrawn, deferred or substituted, and I think we may have discussed that a little before, but do -- we've already discussed that, right, the items deferred continued? Mr. Hannon: No, ma'am. Chair Gort: No. Mr. Hannon: No, ma'am. Chair Gort: We need to do that. Ms. Mendez: Okay. Chair Gort: Thank you, ma'am. Ms. Mendez: Thank you. Chair Gort: The Administration. Daniel J. Alfonso (City Manager): Yes. Commissioners, good morning. We'd like to defer item RE.5 to June 12, RE. 6 to July 24, and continue DI1 to June 26. Chair Gort: Continue? Mr. Alfonso: DI1 to June 26. Mr. Hannon: And Mr. City Manager, will that be with a time certain of 5 p.m.? Mr. Alfonso: Yes. Mr. Hannon: Thank you, sir. Commissioner Suarez: Mr. Chair, can he repeat those, please? Mr. Alfonso: RE.5, defer to June 12; RE. 6, defer to July 24; and continue DI1 to June 26, 5 p. m. Chair Gort: Thank you. Do I have a motion? City of Miami Page 6 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: As I mentioned before, I would like to defer SR.1 and, you know what, possibly to the first meeting in July, if possible. And Mr. City Clerk, I think there's questions from the audience. Keep in mind that most of the residents received the notices a couple of days ago, so there's been a lot of questions, and, you know, again, I think it behooves everybody if we just defer this item and make sure that all the questions are answered and all the issues are addressed. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: Yeah, I support the deferral. And I would -- just wanted to ask Commissioner Carollo if he wanted me to make any sort of substantive remarks on this, or would you prefer that I just discuss it with staff? "Cause I have some suggestions on potentially resolving some of these conflicts, but I don't know if you, you know, prefer that we just defer it and we can take it up and -- Commissioner Carollo: Commissioner, I'm open to it. Commissioner Suarez: Okay. Commissioner Carollo: I mean, you know, either way, I could go either way, butt know there are -- definitely are issues -- Commissioner Suarez: Right. Commissioner Carollo: -- that 1 think need to be addressed. You know from the past, I don't mind discussions and debating and so forth, and I think this is more really the debate. This will be more of a discussion. Commissioner Suarez: Yeah. Commissioner Carollo: I'm open to it. But the bottom line is what I'm seeing is there's definitely issues that need to be addressed, and I don't want to rush something that could affect a lot of people and some that may have not even had the time to read their notice and actually come and be here present. Commissioner Suarez: No, I agree a hundred percent, and I think deferral is the right thing to do. The only thing I would tell the Administration, and I didn't -- not sure if the Planning director or the Public Works director got this, which is maybe they ought to think about having a right to appeal, like a 15- or 30-day right to appeal. Because what happens is, once you create the criteria, you put in a bunch of properties into that box -- 300 or whatever the number of properties was -- Commissioner Carollo: Exactly. Commissioner Suarez: -- were, but then you can't selectively take out one or two because you've created this criteria. So what you can do is you can give the homeowners or residents or whomever a right to appeal so that those who have major concerns can come back before the Commission and say, "Look, I don't agree with this. It's either going to raise my taxes" or whatever the case may be, and then we can decide, on a case -by -case basis, whether we uphold City of Miami Page 7 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 the appeal, deny the -- you know, et cetera, et cetera. So that's just an idea that I had for the Administration. Commissioner Carollo: You know, and I'm not in disagreement with you Commissioner Suarez. What I am -- I was thinking the other way: If someone wants for their alleyways to be closed, for them to come forward -- Commissioner Suarez: Okay. Commissioner Carollo: -- you know, because we may have -- I don't want to sit here as a appeals board. Commissioner Suarez: Right. Commissioner Carollo: You understand? Commissioner Suarez: Yeah. Commissioner Carollo: I was looking at something similar. And there's about 300 and something closures -- Commissioner Suarez: Yeah. Commissioner Carollo: -- but not 300 and something residents. You know, each closure may have on each side of the street numerous residents. Some may be for it; some may be against it, SO -- Commissioner Suarez: Yeah. Commissioner Carollo: -- we're opening up Pandora's Box, and -- Commissioner Suarez: Okay. Commissioner Carollo: -- I think it benefits us for at least to have a good amount of time. You know, we have the -- all the addresses or all the alleyways for us to, you know, thoroughly go through it before we actually make a policy decision. Chair Gort: I agree with you. I've looked at the -- all the allies that proposed to be closed. I looked at them. I have quite a few in my neighborhoods, a lot of senior problem. But I think the residents look -- don't understand the process. One of the problems we had in the past, we had a lot of problems with criminal activities taking place in the allies. For that reason, that's why we wanted to go through this, and let the property owner adjacent to the ally become the owners of the ally so they can take care of it. But I think there's a lot of questions to be asked. I suggest that the Public Works, if we can give a number, advertise it on television in our program what the -- if you can explain a little bit more so people could understand, I think it'll be vevy important. So there's -- any further discussion? Commissioner Carollo: No. The only thing is, you know, I do believe that we should advertise it in our local television station also, and possibly, if we could do it, make it for the second meeting in July to make sure we have -- Chair Gort: Right. Commissioner Carollo: -- you know, ample time, because we have the Fourth of July holiday and all that. City of Miami Page 8 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Mr. Alfonso: Remember, the second meeting in July also has the millage discussion in it, so -- Commissioner Carollo: That's fine. Chair Gort: Well, it could be one of the first items. Mr. Alfonso: And it is the last meeting before the recess. Chair Gort: Okay. Commissioner Carollo: That's fine. Chair Gort: Thank you. Any -- Commissioner Suarez: I'll second. Mr. Hannon: I'm sorry, Chair. Commissioner Suarez: Do we need to (UNINTELLIGIBLE)? Mr. Hannon: For clarification then, so item SR.1 is going to be deferred to July 24? Commissioner Carollo: Yes. Mr. Hannon: Okay. Chair Gort: Right, correct. Commissioner Suarez: What's that? Chair Gort: Is there any other --? Unidentified Speaker: Will the property owners be sent (UNINTELLIGIBLE)? Chair Gort: Yes, you'll be notified. Commissioner Carollo: Yes. Chair Gort: All the property owners will be notified. Commissioner Carollo: You will be notified again. Chair Gort: And the reason we're postponing this is -- deferring this so you can call and ask questions, a specific question you have with any ally within your neighborhood, okay? Any further deferral? You want it at 9 o'clock; the 24th, 9 o'clock in the morning, okay? Now, you see what the procedure takes place. It takes a little while, okay? Any further deferral? Any further deferral? Okay. Do I have a motion? Raul Diaz: Will this increase our taxes? Chair Gort: Excuse me. Will you come in the mike; state your name and address, please. Commissioner Suarez: Yeah. I think he's asking a specific question about the item. City of Miami Page 9 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Mr. Diaz: Good morning, Chairman. Chair Gort: Name and address. Raul Diaz: My name is Raul Diaz, from 1515 Northwest 28th Street. I have a question. With this closure -- it's already closed right now, our section, in the ally. But would this increase taxes, this referendum? Chair Gort: That's a question they're going to be answering. My understanding is the allies will be split between the neighbors. That's something that -- one of the questions that needs to be answered, yes, sir Mr. Diaz: Thank you. Chair Gort: Okay, and how much it will be if there is. Okay, any further discussion? I have a motion? Bennet Pumo: One question, sir. Chair Gort: Yes. Mr. Pumo: I know. I'm Bennet Pumo. Since there's so much adversity against this -- Chair Gort: Your address please. Mr. Pumo: Since there's so much -- 7327 Northwest Miami Court, Miami, Florida. Ben Pumo, Building Corporation. There seems to be a lot of problems with this, and you've already adopted this on the first reading. Is it possible to go back to an advertisement for a first reading rather than going to a second reading? Chair Gort: Sir, the reason we have two readings is so anything like this that's coming up can be taken care in the second reading, and in second reading, if we agree, we can vote against it. Mr. Pumo: Thank you very much. Chair Gort: Thank you. Okay, there's a deferral. All in favor -- do I have a motion? Commissioner Suarez: Yes. Chair Gort: Yes. Commissioner Carollo: Yes. Chair Gort: Motion. Commissioner Suarez: I move it. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Any further discussion? Commissioner Carollo: Chairman. Chair Gort: Yes. City of Miami Page 10 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Commissioner Carollo: I ask that we have some leniency -- I mean, remember, residents received a letter two or three days ago, and they're very concerned, and they're coming here, you know, so they do have questions and -- Chair Gort: The question -- Commissioner Carollo: I want to make sure that everyone's question is addressed or any concerns, you know, not in a large scale, but at least they know the process that this will be deferred to the second meeting in July. In the meantime, you have time to call my office, each of the Commissioners' office, Public Works Department and get whatever questions you have answered, and that's the reason for us deferring it, so any of your questions are definitely answered. Chair Gort: And the reason to be deferred, so you can ask all the questions; call our office and call Public Works, okay? Commissioner Suarez: And I would say, Mr. Chair. Chair Gort: Yes. Commissioner Suarez: It may make sense for the Administration -- and we do this a lot on zoning items -- to have some sort of a symposium or something where people can be invited to come and give information, because a lot of times what happens is the opposition is based on not fully understanding the issue and how it's going to impact you or affect you. So if we have, you know, a forum -- a workshop where -- you know, where the Administration can give information, questions can be asked and answered in a interactive live format, and you can listen to other questions, 'cause you may not think of all the questions. Your neighbors may have other questions that you haven't thought of. So it's probably a good idea for everyone to be in a room kind of like we are today and kind of bounce things off of each other, so it's something that the Administration should consider. Chair Gort: Let me give you a suggestion. We have the NET (Neighborhood Enhancement Team) office through all the neighborhoods. Why don't you have a NET office presentation at each of the neighborhoods, all right? Is that understood? Commissioner Carollo: Not all the neighborhoods. Alice Bravo (Chief of Infrastructure): Good morning. Alice Bravo, Deputy City Manager. Chair Gort: Good morning. Ms. Bravo: We'll mail out the notices, and we'll specify the date of the workshop, and that the workshop will be televised in addition to the fact that the second reading will take place July 24. Chair Gort: All right. Commissioner Suarez: Thank you. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. At this time I have the -- it's deferred to July 24, so you all have a chance to ask all the questions, and they will have a meeting. If not, you call our office, call your Commissioner's office and ask him. Okay. City of Miami Page 11 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 CA.1 14-00376 Office of the City Attorney CA.2 14-00409 Office of the City Attorney CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF LARRY ROBERTS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $45,000.00, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTION OFA SETTLEMENT, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.524000.0000.00000. 14-00376 Memo - City Attorney.pdf 14-00376 Memo - Budget Sign-off.pdf 14-00376 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-14-0197 Chair Gort: Consent agenda. Daniel J. Alfonso (City Manager): Commissioners, we'd like -- we need to take CA.3 separately, because there's some change to it, so CA.1 and CA.2. Commissioner Suarez: Let me make a motion on CA.1. I just want to make a very brief comment on CA.2. Commissioner Carollo: So your motion is for -- Commissioner Suarez: CA.1. Commissioner Carollo: Second. Chair Gort: There's a motion and a second Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT OF $38,412.50, TO JOSE M. QUINON, P.A., FOR THE PURPOSE OF REPRESENTING MAYOR TOMAS REGALADO IN THE CASE STYLED, City of Miami Page 12 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 CA.3 14-00381 Department of Fire -Rescue MICHELLE SPENCE-JONES vs. STATE ATTORNEY KATHERINE FERNANDEZ RUNDLE, ET. AL., FILED IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 12-24253-CIV-MIDDLEBROOKS; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.131000.531010.0000.00000; 14-00409 Memo - City Attorney.pdf 14-00409 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-14-0198 Commissioner Suarez: I just want to briefly say on CA.2 that I want to commend Mr. Qui?on. You know, I had said at the time of this discussion that, you know, I thought what was best was, given the fact that it was a civil matter, for the attorney to kind of take it on his risk, and he did do that. And he also -- his fees, in conjunction with what he's billed and what we've -- what the City Attorney has negotiated, are extremely reasonable. So, you know, I just wanted to kind of wrap that and loop that back around. So I'll make a motion on CA. 2. Commissioner Carollo: Second. Chair Gort: It's been moved and second. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AFFILIATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI DADE COLLEGE, AND THE MIAMI-DADE COUNTY SCHOOL BOARD, FOR THE PURPOSE OF THE CITY'S DEPARTMENT OF FIRE -RESCUE PROVIDING STUDENTS IN MIAMI DADE COLLEGE AND THE MIAMI-DADE COUNTY PUBLIC SCHOOLS EMERGENCY MEDICAL SERVICES TRAINING PROGRAMS ACADEMIC, CAREER, AND CLINICAL INSTRUCTION BY UTILIZING FACILITIES AND PERSONNEL OF THE CITY'S DEPARTMENT OF FIRE -RESCUE EMERGENCY MEDICAL SERVICES PROGRAM. 14-00381 Summary Form.pdf 14-00381 Legislation.pdf 14-00381 Exhibit -Agreement SUB.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-14-0199 City of Miami Page 13 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 PA.1 14-00474 Todd B. Hannon (City Clerk): We have CA.3, sir. Daniel J. Alfonso (City Manager): CA.3. Chair Gort: Oh, okay. Joseph Zahralban: Chairman, members of the Commission, Joseph Zahralban, Deputy Fire Chief City of Miami Fire -Rescue. Before the Chief begins, I'd like to respectfully submit minor modifications for the record. The agreement, as stated with 5,000 role models will actually be with Miami -Dade Public School Board, and as a result, we are providing indemnification that will mirror that of the City of Miami language, and the term of the agreement will be one year with three one-year renewals. Chair Gort: Okay. Do I have a motion? Vice Chair Hardemon: So moved. Chair Gort: It's been moved by Vice Chairman. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Hannon: As amended. Mr. Zahralban: Thank you. Chair Gort: As amended. Chair Gort: REs (resolutions). Well, we have support for Tri-Rail coastal link rail, RE.10, 10 0' clock. Commissioner Suarez: Can you give me about 30 more minutes on that, 'cause I'm -- that's a -- since I'm the MPO (Metropolitan Planning Organization) member. If you can just give me like 30 more minutes on that one, please? Chair Gort: Okay. Commissioner Suarez: Thank you. END OF CONSENT AGENDA PERSONAL APPEARANCE PRESENTATION FORMER CITY OF MIAMI MAYOR JOE CAROLLO TO ADDRESS THE CITY COMMISSION IN REFERENCE TO THE OWNERS OF GLOBOVISION TV IN THE CITY OF MIAMI. City of Miami Page 14 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 (PA.1) 14-00474a 14-00474 Request for Appearance.pdf 14-00474 Back-up Document.pdf 14-00474-Submittal-Joe Carollo.pdf 14-00474-Submittal-Marc Sarnoff-Letter of Support. pdf PRESENTED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ANSWERING THE "SOS VENEZUELA" AND SUPPORTING THE STUDENTS AND PEOPLE OF VENEZUELA, THEREBY DECLARING THAT THE PRESENCE OF THE VENEZUELAN OWNERS OF GLOBOVISION TELEVISION, RAUL GORRIN, GUSTAVO PERDOMO, JUAN DOMINGO CORDERO, AND OTHER "ENCHUFADOS" OF THE VENEZUELAN TOTALITARIAN REGIME IN MIAMI, AS HYPOCRITICAL, UNWELCOMED, AND REPUGNANT TO THE RESIDENTS OF MIAMI AND EACH AS "PERSONA NON GRATA" IN ALL OF THE CITY OF MIAMI 14-00474a-Submittal-Joe Carollo.pdf 14-00474a-Submittal-Marc Sarnoff-Letter of Support. pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-14-0212 Chair Gort: At this time I'd like to recognize former Mayor Joe Carollo, who's -- he's -- he wants to discuss some matter of interest to the City of Miami. Mayor, you're recognized. Joe Carollo: Mr. Chairman, members of the Commission, good morning. Mr. Chairman, let me begin by thanking you personally, along with Mayor Regalado, for letting me place this item before the Commission today so that 1 could address all of you. I would also like to thank Mayor Regalado. While he is not a voting member of this Commission in our executive Mayor form of government, he certainly has expressed his support for this resolution today. If I may, Mr. Chairman, with your permission, ask the City Clerk to read into the record a letter that was sent to me from Commissioner Sarnoff that cannot attend this morning, and he wanted to make sure that everyone knew where he stood on this issue. Chair Gort: Yes. Mr. Carollo: Mr. Clerk. Todd B. Hannon (City Clerk): Thank you, Mr. Mayor. I have a letter from Commissioner Marc David Sarnoff, dated May 21, 2014. Dear Mr. Carollo, although I cannot be present for item Personal Appearance 1 at the City Commission, I am in support of your resolution declaring the owners of Globovision T.V. in Venezuela persona non grata' in the City of Miami. The media is an important part of the political process that we take for granted as citizens of the United States of America. We may not enjoy everything that is printed, especially if you are a politician like me and my colleagues, but we recognize the importance of media outlets informing the public on important events that occur in our society so that our constituents can be informed of the world around them. The human rights atrocities that have occurred in Venezuela should be viewed as unacceptable to all, and those who have committed those acts should be prosecuted to the City of Miami Page 15 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 greatest extents of the law. The fact that Globovision chooses not to cover the government's oppression in its own country is unfortunate and disgusting. To make matters worse, the owners of Globovision have made large investments in Miami, buying lavish homes and fancy cars and boats while choosing to not protect the people of their home country by exposing the cruelty exerted upon its people by a tyrannical government. I support your resolution and hope this can send a message to the owners of Globovision that we do not welcome those who protect human rights violators. Yours very truly, Marc David Sarnoff, Commissioner, District 2. " Chair Gort: Mr. Mayor, I appreciate it, but, you know, we have certain rules and regulations. We request people not to displays banners or things like that, because then we have to give that privilege to (UNINTELLIGIBLE). Mr. Carollo: Absolutely. Chair Gort: Thankyou. Appreciate it. Mr. Carollo: Absolutely, Mr. Chairman. Chair Gort: Thankyou. Mr. Carollo: That's always been our policy, and it should be respected. Chair Gort: Thankyou. Mr. Carollo: I know you have a very full meeting today, so I will not abuse your time and try to be very short and to the point. Commissioners, as you all know, on February 12 of this year, the university students of Venezuela went to the streets demonstrating for freedom, for human rights, for liberty in Venezuela. They put out an SOS Venezuela in asking support to the international community to support them in their just cause for human rights. With the resolution that you have here today, the City of Miami can be part of those that are answering their call for help, for freedom in answering that SOS that the students and people of Venezuela have put out for support. The three individuals that I am asking this Commission to declare persona non grata today are being asked for the following reasons. These are three key individuals that in -- hand in hand with the tyranny of Venezuela, at the government's request, bought out the number -one watched news TV (television) station in Venezuela last year where Globovision was the last TV station that Venezuelans could express themselves freely, that human rights abused by the government would be reported. It's no longer the case. Globovision has become a controlled television station by the government through these three individuals that bought it on their behalf. They pulled the rug from freedom of speech. Most of the people were either fired or they resigned from that station. Whereas today, Globovision is in cahoots, working with the government in the repression of the students in Venezuela, the people of Venezuela, and they're violating human rights in hand with the government by not covering the human rights abuses that the government is conducting on the students in the streets of Venezuela where so many of them, dozens, have been murdered, hundreds have been wounded, and several thousand have been imprisoned, including hundreds that have been tortured. So individuals that have worked to oppress freedom of speech, human rights in Venezuela have come into our community to invest -- if we could use the word -- put their money that they have made with that government, blood money, into our different communities here in Greater Miami -Dade not only in buying multimillion dollar mansions and multimillion dollar condominiums, but bringing in hundred foot yachts that are worth even more than those mansions, fifty plus foot yachts; spending millions of dollars in vehicles, like $450, 000 Rolls Royce Phantoms. We have found some 50 companies that they are using either through their own names or the names of associates or people connected with them; out of which, a third of those companies are operating as their main business locations right here in the City of Miami, including across the street from this City Hall. You have a mailing address for one of those companies, but more so, you have in City of Miami Page 16 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 155 Southwest 25th Road right here in Miami, 14 of these companies that list this address as their principal business address where they run their business from. This is a residential address that does not have the zoning for this. Yes, in Miami, if you live in a home, you could use, I believe, up to 25 percent of your home for a home business, as long as you don't bring people into the home, but not to run businesses from people that don't live in a residential area that are even, in some cases, putting this same address as their place where they live in. It's the old Celia Cruz song No hay coma pa tanta gente, 'and in this case, it certainly fits that saying. There are other of these corporations that are scattered throughout the City in different parts, downtown Miami; some closer to City Hall here. But these particular 14 are operating illegally from the City of Miami in a residential area where they cannot operate from, and I would be amazed if any of these would have occupational licenses, because they cannot possibly get an occupational license in a residential area like this. So I come here today to request of this body that has traditionally -- no matter what Mayor has come through here, no matter what Commissioners have come through here, the City of Miami government has historically, traditionally been the flagship not just of Miami -Dade County cities but of cities throughout Florida, of standing up for human rights, freedom of speech and democracy in the Americas and beyond the Americas. For instance, in February 12, 1987, with the help and together with your father, Commissioner Suarez, when he was Mayor of Miami, and I was Commissioner, I presented a resolution that was unanimously approved by the Commission at that time requesting sanctions on South Africa, whereas the City of Miami passed a resolution that we would disinvest and we would not invest in the then -apartheid government of South Africa. We've taken many other strong positions throughout the years, and this is one that I think the vast majority of Miamians would want to see; it's the right thing to do, and it's one that you will be answering that call, that cry for SOS Venezuela of those students that have shown the courage that I dare to say few of us could show, because they're putting their lives, their blood in the streets of Venezuela, just like our founding fares did when this great nation was created and they pledged all their holdings, all their monies; they pledged their lives, and most of all, they pledged their sacred honor; and many of our founding fathers lost all their fortune in that time for freedom for the founding ofAmerica, many of them even lost their lives, but I know that none of them lost their sacred honor, and this is what these students are fighting for in Venezuela. They're not doing what these type of (UNINTELLIGIBLE) from Globovision are doing; that they're putting their pockets before democracy, before human rights, before freedom. So I won't read the resolution; you have it before you. I would ask, if it would be approved, for the Clerk to read it, if it's okay with the Chairman of the Commission. Chair Gort: Thank you, Mr. Mayor. I'll ask the Clerk to go ahead and read the resolution. But you as former Mayor will know that that would have to go through our Law Department to make sure it's okay. Victoria Mendez (City Attorney): I have -- Chair Gort: We'll all get emotional -- -- yes, ma'am. Ms. Mendez: Yes. I have a suggestion of a resolution title. A resolution of the City of Miami declaring the support of the Venezuelan people and strongly owners of Globovision to do the right thing with regard to the people of Venezuela. Chair Gort: But at the same time, I think the Mayor requested that the -- person [sic] non grata, so that's something we need to discuss here. Mr. Carollo: That's what we're asking, Chairman, that these three individuals will be declared persona non grata. While there is no legal hold on that, it certainly has a very strong moral tone to it; that we are going to be making it clear that we don't appreciate individuals that are oppressing human rights in their country here in Miami. City of Miami Page 17 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Vice Chair Gort: One thing that I would request of you is the address of those individuals that using their residentials [sic] as businesses and please give it to the Clerk and to the Administration so we can have Code Enforcement check into it. Mr. Carollo: Absolutely. I've done that to the Mayor already, and I will give it to the Clerk so it could be on record. Chair Gort: Thank you. Commissioner Suarez: Mr. Chair. Chair Gort: Commissioner, yes. Commissioner Suarez: Thank you, Mr. Chair. I'm going to move the resolution as drafted by the Mayor. Commissioner Carollo: Second. Commissioner Suarez: You know -- Chair Gort: Been moved by Commissioner Suarez -- Commissioner Suarez: -- and I'd like to discuss it -- Chair Gort: -- second by Commissioner Carollo. Commissioner Suarez: If -- I'd like to discuss it first, if I may? Chair Gort: Yes, sir. Commissioner Suarez: Thank you. Well, first of all, I really -- sometimes I get surprised up here, and I think my surprise today was the recitation of Commissioner Sarnoff's letter. I think it really captured the sentiment of why we as a government do these things, and I think -- I recall not too long ago, maybe a couple of years ago, that we all stood together, the Mayor and his daughter, myself my father, yourself Mr. Mayor, and Commissioner, at a -- an event in Miami -Dade Community College where we were celebrating human rights and the universal declaration of human rights. So I think it's incumbent upon us as a city and as a city that represents Hispanics across the world to speak up when it's necessary and certainly when you talk about the suppression of human rights through the media, which governments left and right have utilized throughout the course of history to suppress its people, to indoctrinate its people, and then to further add injury to insult, take those ill-gotten gains, as you would characterize them, and bring them to a country that prides itself on being a free country, a freedom of the press, and enjoy the fruits of -- the spoils of the repression that they are inflicting upon their citizens in another country is just injury to insult. And we definitely do have to do everything that we can do support the students, because as I look at my three -month -old baby boy, you can see the innocence there, and you know that when you're a student, your full of you know, integrity and you're full of inspiration, and, you know, sometimes as you get older, you have to fight the loss of those things in your life or your idealism. So, you know, I support you, Mr. Mayor. I don't think we need to redraft it, the way that it was redrafted, because I think it kind of loses something in that redrafting, but I commend you for doing it, you know. As I've mentioned to you when we spoke on the phone, you know, I think we as a body have always been very deferential to the former mayors when they come before this body in whatever form, and, you know, I think that's something that you've earned in your role, and it's something that as a body, you know, we hopefully will continue to do, because I think it's something that's very good for the City. City of Miami Page 18 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Mr. Carollo: I thank you so much, Commissioner, and -- Chair Gort: Excuse me. Mr. Carollo: -- Mr. Chairman, if I may say, this is an American issue. This is way beyond a local issue. Chair Gort: No, we understand that. And we that sit here is being affected by this form of governments since 1959. Mr. Carollo: And you, yourself when we met this week, made a suggestion that was a very good idea from you, that we starting to look into it -- Chair Gort: Okay. Mr. Carollo: -- and hopefully that will bring some additional fruit to this. Chair Gort: You have my word. Mr. Mayor, you're recognized. Mayor Tomas Regalado: Thank you, Mr. Chairman. Just a few words, that it's important to highlight what happened in Venezuela with Globovision. The first step that a government takes to become a total totalitarian regime is to take over the independent media, and this is not new. This happened in the Soviet Union. This happened in Nazi Germany. It happened in Cuba, and it's happening now in Nicaragua. As a matter of fact, yesterday the only independent media outlet that has gone on the air in Cuba in the last 56 years was blocked by the regime. And it is important that we understand that having Globovision, the last resort of the independent voices under government control, it signal that a totalitarian regime is about to take over all aspects of life in Venezuela. So I think it's important for the City to send a message, symbolic as it is, but a message to those people in Venezuela that are hungry for human rights and freedom. Thank you. Chair Gort: Thank you, Mr. Mayor. Commissioner Carollo: Mr. Chairman. Chair Gort: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I see this very clearly, 'cause it's a continuation of a resolution that we unanimously approved a few months ago that clearly stipulated the stand of the City of Miami as a flagship city. So this continues that same theory where the City of Miami is firmly on the side of the democratic aspirations of the Venezuelan people, you know. And like the former Mayor said, this isn't a City of Miami issue, a State issue; this is a national issue; this is a human rights issue; and therefore, I think we all need to stand by this and be supportive of it. Thank you. Chair Gort: Thank you. Vice Chairman. Vice Chair Hardemon: When I read the resolution and I consider what persona non gratan'[sic] means, I mean, it literally means an unwelcomed person, and so I begin to think, well, what affect does it have? And it appears to me that that is probably the most -- it's probably the most serious form of censure that a government can give a person who is immune from some type of arrest. And when you consider the incidences that are occurring in Venezuela and the fact that this gentleman is not capable of being arrested in the United States of America and in the City of Miami as it currently stands today -- the opinion may be different later -- it seems that this could be the only way that the City of Miami could show its disdain for the situation at hand, so in that sense, I support what we have here. City of Miami Page 19 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Chair Gort: Thank you. Let me state it. The people ask, Why does the City of Miami gets involved in international when it's a local city? "The reason we do is because we here, we all have been here -- have been suffering the communism and totalitarian government for some years. We have not -- many of us have not been able to go back to our countries, and we understand what the people of Venezuela are going through. That's why we have certain resolutions passed here approving and supporting the youth of Venezuela. And all of us in here -- I would say maybe 60, 70 percent of the residents of the City of Miami, they're either exiled or come from an exile family. So thank you, Mr. Mayor, for being here. At this time we ask for -- it's a resolution. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you, sir. Mr. Carollo: Thank you all very much. Applause. Chair Gort: Okeydoke. CRA [sic]. Thank you, thank you. END OF PERSONAL APPEARANCE PUBLIC HEARINGS PH.1 RESOLUTION 14-00454 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SALE AND PURCHASE ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, FOR THE ACQUISITION OF THE PROPERTIES LOCATED AT 602 SOUTH MIAMI AVENUE AND 614 SOUTH MIAMI AVENUE, MIAMI, FLORIDA (COLLECTIVELY THE "PROPERTY"), AS LEGALLY DESCRIBED IN THE AGREEMENT, IN CONNECTION WITH THE TRAFFIC IMPROVEMENT PROJECT AT 6TH STREET AND MIAMI AVENUE, MIAMI, FLORIDA, FOR A TOTAL PURCHASE PRICE OF FOUR MILLION SEVEN HUNDRED THOUSAND DOLLARS ($4,700,000.00) AND TO FINALIZE THE TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT; ALLOCATING FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED FOUR MILLION EIGHT HUNDRED SIXTY FIVE THOUSAND DOLLARS ($4,865,000.00) FROM THE FOLLOWING FUNDING SOURCES: (I) THE DONATION MADE BY BCC ROAD IMPROVEMENT, LLC., ("BCC") PURSUANT TO RESOLUTION NO. 14-0207, ADOPTED MAY 22, 2014, IN THE AMOUNT OF FOUR MILLION ONE HUNDRED SIXTY FIVE THOUSAND DOLLARS ($4,165,000.00); AND (II) SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00) FROM 6TH STREET EASEMENT FEES MADE BY SWIRE PROPERTIES, INC., TO COVER THE COSTS ASSOCIATED WITH THE ACQUISITION OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO SURVEYS, ENVIRONMENTAL REPORTS, AND TITLE INSURANCE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY City of Miami Page 20 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 ATTORNEY, TO ACCOMPLISH THE ACQUISITION OF THE PROPERTY. 14-00454 Summary Form.pdf 14-00454 Notice to the Public.pdf 14-00454 Legislation.pdf 14-00454 Exhibit-Agreement.pdf 14-00454-Submittal-Spencer Crowley-Presentation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0208 Chair Gort: PH.1. Commissioner Sarnoff. So moved. Chair Gort: Been moved. Commissioner Suarez: Second. Chair Gort: Second. Moved by Commissioner Savnofff. second. Any further discussion? Todd B. Hannon (City Clerk): Chair, I do have an amendment that needs to be made to item PH.1, and it essentially involves a resolution number needing to be inserted into the title and body of the legislation, and that resolution number is 14-0207. Commissioner Sarnoff. Maker accepts. Chair Gort: Maker accepts. Second accepts? Commissioner Suarez: Yes. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. PH.2 RESOLUTION 14-00455 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), DECLARING SURPLUS AND APPROVING THE CONVEYANCE OF THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 602 SOUTH MIAMI AVENUE AND 614 SOUTH MIAMI AVENUE, MIAMI, FLORIDA (COLLECTIVELY THE "PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO BCC ROAD IMPROVEMENT, LLC., A FLORIDA LIMITED LIABILITY CORPORATION ('BUYER"), FOR A TOTAL PURCHASE PRICE OF FOUR MILLION DOLLARS ($4,000,000.00); WITH BUYER COVERING ALL COSTS ASSOCIATED WITH THE TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, APPRAISALS, A SURVEY, AN ENVIRONMENTAL REPORT, TITLE INSURANCE AND CLOSING COSTS; FINDING THAT THE PROPERTY IS BEING CONVEYED TO IMPLEMENTA PROJECT OF A GOVERNMENTAL AGENCY; FURTHER AUTHORIZING THE CITY MANAGER City of Miami Page 21 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO PERFORM THE TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AND THE CITY ATTORNEY AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY OF MIAMI. 14-00455 Summary Form.pdf 14-00455 Notice to the Public.pdf 14-00455 Pre-Legislation.pdf 14-00455 Legislation.pdf 14-00455 Exhibit-Agreement.pdf 14-00455-Submittal-Spencer Crowley-Presentation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo SR.1 14-00345 City Manager's Office R-14-0209 Chairman Gort: PH.2. Commissioner Sarnoff.. So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnofff second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you, sir. Spencer Crowley: Thank you, Commissioners. Chair Gort: Get it built soon, please. END OF PUBLIC HEARINGS SECOND READING ORDINANCES ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 54/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/ IN GENERAL', MORE PARTICULARLY BY CREATING NEW SECTION 54-4.1, ENTITLED "PUBLIC ALLEYS", TO CLOSE AND VACATE CERTAIN PUBLIC ALLEYS THAT ARE NOT PAVED AND ARE NOT UTILIZED FOR VEHICULAR OR PEDESTRIAN ACCESS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami Page 22 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 SR.2 13-01021 Miami Parking Authority 14-00345 Summary Form SR.pdf 14-00345 Legislation SR Version 2.pdf 14-00345 Exhibit SR Version 2.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item SR. 1 was deferred to the July 24, 2014 Planning and Zoning Commission Meeting with a time certain designation of 9: 00 a.m. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS," MORE PARTICULARLY BY AMENDING SECTIONS 35-220 THROUGH 35-250 TO UPDATE THE DESIGN DISTRICT PARKING IMPROVEMENT TRUST FUND; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-01021 Summary Form SR.pdf 13-01021 Legislation SR Version 5.pdf 13-01021 Exhibit SR Version 5.pdf 13-01021-Submittal-Commissioner Hardemon-Modifications made to the legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff 13455 Daniel J. Alfonso (City Manager): Commissioners, we're ready for SR.2, if you are ready. Chair Gort: I beg your pardon? Mr. Alfonso: SR.2 we had tabled till later. Chair Gort: Yes. Mr. Alfonso: We're ready for it if you -- if it's your wish. Chair Gort: Yes, sir. Mr. Alfonso: SR.2, yes? Victoria Mendez (City Attorney): The parking waiver one. Chair Gort: Have all the parties here? Art Noriega: Oh, everybody's here, yeah. City of Miami Page 23 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Chair Gort: You sure? Mr. Noriega: That is for sure. Oh, yeah. Commissioner Suarez: Oh, yeah. Mr. Noriega: There'll be plenty of dialogue on this one -- Commissioner Suarez: Oh, yeah. Mr. Noreiga: -- I'm certain of. Art Noriega, Miami Parking Authority. Before you is a second reading ordinance that has obviously been in process and modified more than a few times over the last few months. The City staff andl have met with a number of different constituents within the Design District, property owners, business owners. This has been vetted, processed. The basic parameters of the ordinance and the modification is to better define the parking waiver process within the Design District, because what was pre -established before was very loose and vague: the establishment of an advisory committee, the setting of a pricing for the waiver, an increase in the pricing for the waiver, as well as to establish a financing mechanism for it. I know in discussion in terms of briefings, there may be some additional commentary. Francisco obviously is here to address also any of the additional concerns from a Planning & Zoning perspective, as well as, you know, we've had representatives of the City Attorney's Office involved and engaged in all of our discussions. Any questions? Chair Gort: Okay. Vice Chair Hardemon: Mr. Chairman, ifI may be -- Chair Gort: Yes, sir. Vice Chair Hardemon: -- recognized. What I'm passing to you -- I had -- I prepared some amendments to the resolution, so I -- what you have on the first page of what I'm passing out -- and I have additional copies for other bodies, if they need it. The first part that you see where it says "memorandum," that just basically spells out the eight changes that I made to the current resolution. And then, if you look, what is attached to the memorandum is -- or "are," rather, the -- those changes that are listed in the first part of the memorandum identified in red to the current resolution. So I'm letting you know this, because I plan on making a motion to modify the resolution as it is, or the ordinance. So basically, to rehash that briefly, if you look at the memorandum, which is the first page of what we were looking at here, you'll see that in section -- in number one, that section, I entered the word "associated" -- part two, I entered the word "associated " section -- the number 3, the additional requirement that those who are paying, pursuant to an installment agreement, obtain a building permit within three years of paying in full. And if we go to -- and it goes like that further on. So we go to the actual changes within the legislation, it can be -- we can read it in context. So, for instance, what I'll do is 171 go to the actual changes in the legislation -- in the ordinance, rather. If you go to -- it will be the one -- if you go to Section 35-225(d) (4). So that'll be the first section of red that you have, (d) (4). This is a section that actually describes the Design District Improvement Committee and who's going to be appointed to that committee. And so on Section 4, what I did was I inserted the word "associated" so that it should read, "The two voting members who shall be" -- I'm sorry -- "unassociated property owners of any assessed property within the boundaries." I entered the word "unassociated" so that we have as much representation from different types of property owners or different properties on that board rather than the same property owners of the same -- might be different persons, but of the same entity. So that was one of the changes. Commissioner Carollo: Commissioner, I don't really have a problem. I just want like a City of Miami Page 24 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 definition of "unassociated" Vice Chair Hardemon: Right. Commissioner Carollo: You know, that's the only thing -- that's what I ask with that. I really don't have a preference -- and I know what you're doing. I know your intent. But I want it to be clear as far as, you know, the definition of "unassociated" Vice Chair Hardemon: Mr. Attorney. Barnaby Min (Deputy City Attorney): Commissioner, it's from my understanding, that Commissioner Hardemon is intending that the board be diverse and not be one of the associated -- or associated with any other member on the board. If we -- if you would like us to further clarify that in a language, we can certainly do that. Commissioner Carollo: For instance, can you give me an example? And I know what you're trying to do, 'cause we spoke about this in the last Commission meeting or the one before where we said, realistically, they could have four and three -- Chair Gort: Same property owners. Commissioner Carollo: Right. So can you give me like a --? Mr. Min: Sure. As an example -- like, I don't want to misstate anything, but from my understanding, Dacra, as an example, is one of the major stakeholders in the Design District. Commissioner Carollo: Understood Mr. Min: And so by placing the word "unassociated," the intent is, it is not necessarily going to be Dacra -- a Dacra majority of the board so there were to be other property owners who are not related to Dacra that would be represented on the board, and that's just an example. I'm not saying it's focused about Dacra. That is solely an example for the purpose of discussion. Vice Chair Hardemon: And the way that I envisioned the term "unassociated" -- Mr. Min: Right. Vice Chair Hardemon: -- I didn't want to give anything that was too restrictive. Unassociated typically in a business sense -- because there are property owners who are unassociated -- I take it to read, and I'm sure there'll be some other things that should be clarified later if there was some type of question -- Commissioner Carollo: I got you. Vice Chair Hardemon: -- as to its meaning. But unassociated property owners are those who don't have an interest in the other property owners' business. So if Chairman Gort has a -- is a property owner and my -- and I own 10 percent of -- Commissioner Carollo: Okay, businesses. Vice Chair Hardemon: -- his business -- Commissioner Carollo: I got you. Vice Chair Hardemon: -- or the properties are, you know, related in that sense, it separates that. City of Miami Page 25 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Commissioner Carollo: Understood So it's not a subsidiary of -- Vice Chair Hardemon: That also. Yeah, things of that nature, right. Commissioner Carollo: Exactly. So I just wanted to clarify it, because again, I want to make sure that your intent is well understood in order for us to move forward and, in the future, not have any type of ambiguities. Vice Chair Hardemon: Part number five, I inserted the word -- I deleted the word "be" and the "E-D, " and the "by" in that sentence and inserted "unassociated, " so now it should read, "The two voting members who shall represent unassociated retail and/or restaurant/bar establishments within the boundaries of the Design District. " And so, there, what 1 did was, I wanted to make sure that the retail members were not also associated in that sense, so it's the same type of breakdown. If you move on to Section 35-227, the Revocation of Parking Waivers, this is -- this was a section that what 1 did was, we broke -- we moved some language -- I'll just read it out the way it is. So "certificate of waiver holders, as of February 23, 2014, participated in the installment payment program must, one, procure a building permit process number on or before November 22" -- and I believe that language was already included in this new -- "and subsequently obtain a building permit for construction within one year of the process number," which it really gives them nearly 18 months to be -- come into compliance, but I've also put 5r" pay the balance on the installment agreement -- that was already there -- before November 22, 2015, and obtain a building permit within three years of paying the outstanding balance." I wanted to add the Efnd'because the language, as it was currently written, did not allow for -- it did not provide any other way -- or any requirement of them to get a building permit. So it was, you pay for the permits and then that's it. And I want to either -- I want to move this process forward. And I know that in the discussion with both sides, there was question about time. They wanted more time to do this or to do that. And so what I wanted to do was add some time, which I think is a gracious amount of time to actually come into compliance. It gives them about four years, and they were requesting about five years before they -- Commissioner Suarez: Understood Vice Chair Hardemon: -- got a building permit. Chair Gort: Let me ask a question. Vice Chair Hardemon: Yes. Chair Gort: My understanding, a lot of those property owners at this time, they don't have a plan at this time to construct. My understanding is, they going to get a year to come up with the plans for development, permit within one year. Mr. Noriega: It's longer than that. Vice Chair Hardemon: No, it's -- Mr. Noriega: It's November of 2015. Vice Chair Hardemon: Fifteen. Chair Gort: Fifteen. Vice Chair Hardemon: (UNINTELLIGIBLE). City of Miami Page 26 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Chair Gort: Still, it's a year and 18 month. How long -- Francisco, how long does it take, more or less, for the process if someone -- the major project to go through the process of Planning, Zoning, Building, and so on? Francisco Garcia (Director, Planning & Zoning): Thank you, Commissioner. Francisco Garcia. Chair Gort: If there's no suit and there's no court delay and any like that. Mr. Garcia: Of course. Well, I'll address that as well. Francisco Garcia, Planning & Zoning director. Because we understand that as far as permitting procedures go, one always knows what the way in is, but the way out can change as you go along, and we're very aware of that. I will try to address your direct question, which is "How long does it usually take?" I'm going to give you an average of about a year and a half or so, possibly. It could be more. Chair Gort: A year and a half. Mr. Garcia: It could be less. But 1 would also like to say that the approach we've tried to take to address that particular uncertainty in terms of how long does it eventually take is to encourage everyone to think in terms of requiring the holders of the waivers to come in to take the first affirmative step toward trying procure a permit, and it is that first step taken that should allow them to retain those rights, as opposed to the final completion of the permit. Chair Gort: I want to make sure you -- that is in the -- that it's not the final building permit. Mr. Garcia: I think, frankly, the application is a fair way to do it -- Chair Gort: All right. Mr. Garcia: -- because it's more predictable. Vice Chair Hardemon: Well -- and to procure a building permit process number, that part is the first step; is that correct? Mr. Garcia: Commissioner, it is, but sometimes it isn't because -- and this has been pointed out by some of the different parties involved in this issue. It is sometimes the case that prior to applying for a building permit, one has to obtain a planning and zoning permit, which is a waiver or a warrant, sometimes it has to go to a public hearing as an exception, so there are other variables that are hard to account for. Vice Chair Hardemon: Right. And with that being said, that's why I wanted to add the 5r" provision. So the 5r,rovision -- remember now, these certificate holders are people who have bought in at the low cost of about 12,000, $12, 500. And so by adding the 5rProvision, they have an opportunity to pay off the balance of the installment on or before November 22, 2015, which is more than a year from now, and obtain a building permit within three years of the outstanding balance. So you have -- what we -- Chair Gort: A year. Vice Chair Hardemon: -- don't want -- what I'm -- right, so it attaches that time. I don't want the balance to remain unpaid, and they're sitting on the permits for a number of years that the new purchaser comes in and purchases them at 45,000. So it's getting them out of that limbo. And what I wanted to also do -- if you look at the last sentence, it says, "If a certificate of waiver" -- it used to be that there was no refund to the person who was in this program if they defaulted. Here, what I wanted to do was say, "If a certificate of waiver is rendered null and City of Miami Page 27 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 void, a credit will be given for any payments made, minus any administrative costs incurred by the City and/or DOSP (Department of Off -Street Parking)." And what I wanted to do is that -- I understand these are business owners, and at the advice of their counsel, they purchase these installment waivers to get a better price. I don't consider them to be bad people, and I don't want to punish them for making a business decision if we don't have to. And so, this kind of gives them an opportunity -- for those who want to back out of this the way that it is, they can back out and still have a credit. And those also who pay their money but then lose the building permit you'll -- because it's null and void, to still have some money credited towards their new -- I'm sorry, not -- who lose their money for their parking waivers have some money in the bank of the City to use towards the next parking waiver they want to purchase, so I don't want to punish them, and so that's what that was about. However, if you look at Section B, "or pay the balance on the installment agreement, " those were stricken out. And the reason I did that, Commissioners, so that it reads, "so certificate of waiver holders participating in the trust fund after May 22" -- so these are the new people who are buying into it at the higher price -- "participating in the installment program must procure a building permit for construction," so it that it reads, "within one year from the date of issuance of a certificate of waiver." Now, the reason that I wanted it this way is because what we're creating is -- in a way, if you read through all of the language, it will create a system where, if you were smart, you would -- instead of purchasing a -- there's two ways to get the certificate of waivers: installment program and then buying it outright. If you bought it from the -- if you bought it outright -- a year from the purchasing of it outright, you have to get a building permit. If you purchased it in an installment program, you had -- in the language that it was, you had a year that you could purchase it or -- I'm sorry -- a year that you could get the building permit or you could pay the balance from the installment agreement. So then a year later, once you have the waiver, you could then get additional time, so you end up with two years trying to get a building permit for construction. So I wanted to strike that language. So if you were participating within the installment payment program, that you had a responsibility to get the permit within one year of the issuance of the certificate of waiver. Chair Gort: Let me ask a question. Vice Chair Hardemon: I'm hoping it makes sense. Chair Gort: Can we consider building permit once establish the request through the zoning and planning and so on? Could that be considered in the beginning of the building permit? 'Cause we talking about -- there's a difference between building permit and final building permit, and I want to make sure we can address that. Mr. Garcia: Yes, sir. And so a way to achieve that -- and it's certainly easy to achieve -- a way to achieve that would be to insert language in Section 35-227(a) that would replace "building permit process number" with other language, and this probably should not be improvised. This might be your condition or recommendation to us to find the exact language, but other language that would incorporate either Planning & Zoning permits or Public Works permits, which are sometimes needed prior to the building permit itself. If that's the wish of the Commission, we're certainly happy to do that. Chair Gort: And the reason, Vice Chairman, that I'm asking for that, because I have known a lot of people; the process of getting a permit is not the easiest and sometimes it takes a long time and -- Vice Chair Hardemon: And I completely understand that. And the thing about -- and I just want to stress the importance of the 8r. "Because the balance of the payment is so low that they can actually pay the balance off. Remember, we're trying to get the money in so that we can actually do some parking development within the area. So, for instance, if they were not paying the balance off they would have to get a building permit process number on or before November 22, City of Miami Page 28 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 2014 and then subsequently obtain a building permit for construction within one year, so that is more than a year's worth of time, about, like I said, 18 months or so. Or they can pay the balance off that they have left, and then they have three years in which they can obtain a building permit. And I felt as if, if you consider those two options, they can avail themselves of either, and it's fair to them, additionally, with having them the ability to have a credit for the administrative -- for the cost they've already given, if their certificate is null and void. Mr. Min: Mr. Vice Chair, if I may? To follow-up on the Chair's question, there also is a section in 35-2270. Chair Gort: Thirty -five -two two seven. Mr. Min: Thirty -five -two two seven, subsection F Chair Gort: Right. Mr. Min: That defines what a building permit is. So if you want to modify that language to specify that it has to be a finalized building permit, or if you want to modify the language, as suggested perhaps by the Planning & Zoning director, that it includes any planning and zoning permits, that's fine. But there is a section that currently defines what a building permit is. Chair Gort: That's my suggestion. Vice Chair Hardemon: Say it again. Chair Gort: That's a suggestion that 1 would like to have changed. If anybody comes in and is going to pull a permit, sometimes they have to go to Public Works before they can go and pull the permit. By the time going to Public Works, Public Works might be requesting certain additional information, it might take some more time with certain additional architectural withdrawn [sic] and changes and so on. So I think that once they intend to do some kind of construction, that first step should be enough to be the -- considered as building permit. Mr. Min: So it doesn't have to be finalized. Chair Gort: Doesn't have to be final building permit, 'cause a final building permit can take a long time. Vice Chair Hardemon: Is there any way that we can add language that you would think will make -- like --? Chair Gort: I'll leave it up to the attorney. Vice Chair Hardemon: No. I was thinking of something not necessarily final, but not the initial step. Maybe some type of substantial -- I don't know if you have a substantial -- if there's a process -- I want to say substantial completion, but it's -- I don't know if that would be the correct term in the sense of that nature. Mr. Garcia: So, Commissioner, what I'd like to actually take a moment to put on the record -- because, as you might imagine, we've been approached a number of times by different parties challenging the validity of our position, and that's fair. But I'd like to take a moment to state on the record that the intent of this ordinance and the intent of the waiver program in the first place is simply to enable property owners within the Design District -- Chair Gort: Could we keep it quiet out there? City of Miami Page 29 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Mr. Garcia: The intent is simply to enable property owners in the Design District to find an alternative means to develop without necessarily having to provide parking on site. To the extent that a waiver in hand, whether it's being paid in installments or it's being paid fully at first, accomplishes that serves a means for them to develop that property, for the property owner to develop a property. We frankly are not adverse to letting the process go all the way through ensuring that they come in within a reasonable amount of time to make use of that waiver, but certainly if the City's permitting processes take a little bit longer, we don't begrudge them the fact that the City's imposing upon them these laborious processes. And I wanted to say that briefly -- and thank you for the opportunity to do so -- because all of language that you see here before you is really intended to accomplish that purpose. Chair Gort: Okay. Vice Chair Hardemon: Okay. If Section C -- I mean, you can see it adds current rates so that we -- we know that it is the current rate and according to current provisions, so that's just some clarifying information there. Section D, such credit shall not be transferable to another owner of real property within the Design District or any subsequent buyer of the subject property and as further clarified in section 35-228(2) (b). So this is for the certificate of waiver holders who are participating in the trust fund after May 22 who paid in full. So, basically, what we're doing here is we're trying to establish -- we don't want this selling of waivers for the subject property. And so, for instance -- and help me clarify exactly how they go about selling the waivers. Mr. Garcia: Absolutely, and I appreciate the opportunity to do it. And the clearest way I think I can set it forth is by saying that parking waivers are exactly that, a conduit to facilitate development. They are certainly not intended to function as a commodity, that is, they can be traded And our concern, frankly, the way the ordinance has been structured in the past is that if we were to allow someone to hold a waiver, to obtain a waiver and make use of that waiver, not for development but to sell it to someone else at a gain, we would certainly have an ordinance in our hands that doesn't fulfill its purpose. It is for that purpose that we think that it should be clear in the ordinance that the purpose of the waiver is to allow for development and tied to the completion of the permitting process to allow development, and if either the waiver is not paid or the development doesn't take place within a reasonable period of time, then the waiver itself gets lost, with the understanding that at a future time, should they wish to avail themselves of the opportunity to obtain a new waiver for new development purposes, that's always an option. That's an option that's never lost. Vice Chair Hardemon: So -- Chair Gort: What you're saying is the property -- the waiver is to the property. Mr. Garcia: Exactly. Let me clarify that further. In our opinion, it should be, and it is intended to be. Now and in the past -- as this ordinance has existed for many years -- the waiver runs with the project until the project is built. Chair Gort: Of course. Mr. Garcia: Once the project is built, the waiver process has fulfilled its purpose. After the project is built, then that waiver runs with the land. Chair Gort: I understand Now, let me ask you a question. You don't have any projects right now and the person wants to sell his property. That waiver stays with the property? Mr. Garcia: With the project, which means that -- if they have submitted plans -- and if they have submitted plans, Commissioner, which is something -- another point that I wanted to clarify. City of Miami Page 30 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Chair Gort: Oh, let's clarify. Every one of those properties have submitted plans. Mr. Garcia: That is correct. Every one of the waiver holders presently has submitted plans for the purpose of obtaining the waivers. Chair Gort: Okay. Mr. Garcia: That's step one. Step two, however, is -- Vice Chair Hardemon: But this isn't for those. This is for people who are buying into the trust fund after May -- after today. Mr. Garcia: (UNINTELLIGIBLE), if I may very briefly. For step two, which is the one we're concerned about, is once they have the waivers, if they choose not to make use of them to build pursuant to the plans they submitted to get the waivers, then they -- the intent of the ordinance is not being fulfilled That's where we have a concern. The way to ensure that the intent of the ordinance is properly fulfilled is to ensure through language in the ordinance that if they don't proceed ahead to get the building permits necessary to develop in that fashion, they should lose their vested rights pursuant to those waivers. Chair Gort: Okay. Vice Chair Hardemon: That's fine. Okay. And then in the revocation process, that was the last place that I looked that 1 wanted to make some changes to. I wanted to close up with some loopholes, but then also give the certificate waiver holders an opportunity to have some redress. So what 1 included was if your parking waiver certificate is revoked for timeliness issues, the parking waiver certificate holder may present evidence to the Planning, Zoning & Appeals Board of considerable delay, due to the fault of the City, other governmental agency, or an act of God. So that's the end of the sentence there. And so, basically, before it read that "delay not due to a fault of the certificate waiver holder," and I think that opens up a slew of finger pointing. So we wanted to make sure that the delay is due to our fault, the City or maybe some other governmental entity, such as the County or some other body that has some type of interest in the matter, and then make also some consideration for a storm, weather, something that they -- the company cannot control of that fault -- of that nature. So these are the amendments that I wanted to move that we modify -- to move to modify the resolution. Chair Gort: Okay. Todd B. Hannon (City Clerk): Mr. Chair. Chair Gort: Just a minute. I'll open up the public hearing in a minute, but I have a list of people to -- that going to be address us. Guillermo Ramos. It's a public hearing, so I'll open it up. Ben Fernandez: I'm -- Chair Gort: Okay. Ben Fernandez: I'm here on behalf of -- Chair Gort: Ben. Mr. Fernandez: -- Mr. Ramos. Thank you, Mr. Chair. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of Bill Ramos and Rick Ramos, the owners of the property at 3921 North Miami Avenue. This is a property -- a large -- relatively large property located City of Miami Page 31 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 immediately next to DASH (Design Architecture Senior High) School of Architecture. They have been owners in the Design District for many years, and they have a real project that they are -- intend to bring forward. I'm happy to say that I think we are in agreement, Commissioner Hardemon, with practically all of your proposed revisions. I think that they allow a reasonable amount of time to proceed with an application. I would say this, however, with respect to Section 35-227(a), which is the revocation of parking waivers provision, and that applies to certificate of waiver holders as of February 23, 2014. We would ask that you consider the possibility of an applicant that needs a zoning approval, and many do. This applicant will need a particular type of zoning approval called a "waiver," because they only have frontage on one street. That waiver is an appealable decision. In the event that an appeal were to ensue, of course the process would require that you go to the Planning, Zoning & Appeals Board first; from there, of course to the City Commission, to the Eleventh Circuit, to the Third District Court of Appeals. It can be a long and protracted process, and it's impossible to pin down exactly how long that could take. So we would ask that you consider the following language in your Section 1, which would say, `procure a building permit process number on or before November 22, 2014." We're comfortable with that, obtaining a process number this year. Subsequently, obtain a building permit for construction within one year of procuring the process number, and then we would ask you to add, "and obtain a building permit within three years of paying for the certificate of waiver or within three years of a final non -appealable zoning determination with respect to the project, whichever is later." That would ensure that you comply with the three-year provision. However, if there were a zoning determination that was required for the project and that was appealed, that the time period would be tolled until that appeal is resolved. That's all we're saying. Could be a little bit longer. That would be the language we would ask you to consider; otherwise, we don't have objection to your proposed language. Just think that if you fix it to three years, it's just a bright line; it's a date that's certain that's impossible to really evaluate. It's impossible to know today whether or not that's a reasonable time frame. But if you fix it to the expiration of all appeals, then you have a fixed time period that's specific to a particular property. Chair Gort: Okay, thank you. Mr. Fernandez: Thank you. Chair Gort: Julio Balsera. Either one. Julio Balsera (as translated by Debra Spector, official Spanish interpreter): Buenas dias. Mi nombre es Julio Balsera. Chair Gort: We need a translator. Mr. Balsera (as translated by Debra Spector, official Spanish interpreter): Good morning. My name is Julio Balsera. I've been living in the City of Miami for 52 years. I live in Flagami area. And I've come before you, very respectfully, to ask for a referendum so that we can bring to a vote the question of the Miami Parking Authority. COMMENTS IN SPANISH NOT TRANSLATED. Chair Gort: Julio, Julio, hold on a minute. I want you to explain this to him. We are dealing with an item that has to do with the specific classification. I'll be more than glad to give him the next board meeting to give him an opportunity to speak on behalf of what they want to do. Mr. Balsera: Okay. Chair Gort: Because this is a different issue. City of Miami Page 32 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Mr. Balsera: Okay. Chair Gort: Thank you. I just explained to him that this is a different issue, that this -- they want to address a different issue, and I tell him I'll be more than glad to give him the privilege to come next board meeting to make his presentation. Thank you. Munoz Fontanillo is the same thing. You're going to address this issue? Carlos Munoz Fontanillo: (UNINTELLIGIBLE) COMMENTS IN SPANISH NOT TRANSLATED. Chair Gort: Okay, perfect. Mr. Fontanillo (as interpreted by official Spanish interpreter Deborah Spector): I don't speak English very well. I've listened carefully to the discussion (UNINTELLIGIBLE) by Article 5. Vice Chair Gort: Give him a chance to -- Mr. Fontanillo (as interpreted by official Spanish interpreter Deborah Spector): Talking about the -- Chair Gort: -- translate. Tell him to let him -- Mr. Fontanillo (as interpreted by official Spanish interpreter Deborah Spector): -- Coconut Grove -- Chair Gort: -- give you a chance to translate. Tell him to give you a chance to translate. Mr. Fontanillo (as interpreted by official Spanish interpreter Deborah Spector): I have read carefully the proposal by Commissioner Hardemon about the districts where you want to have the application with regard to parking and specifically in Coconut Grove -- Vice Chair Hardemon: Can you speak up some? Mr. Fontanillo (as interpreted by official Spanish interpreter Deborah Spector): -- at this time. Vice Chair Hardemon: Can you speak up for me? Mr. Fontanillo (as interpreted by official Spanish interpreter Deborah Spector): You're talking about the funds that would be acquired through this -- are those funds going to be administered by the City of Miami or are they going to become part of the Miami Parking Authority? It's a question for the Commissioner. Vice Chair Hardemon: The Miami Parking Authority. Mr. Fontanillo (as interpreted by official Spanish interpreter Deborah Spector): It would be their -- under their authority? Vice Chair Hardemon: Yes. Mr. Fontanillo (as interpreted by official Spanish interpreter Deborah Spector): I don't know if Commissioner Hardemon is aware of the wishes of the City of Miami residents. I'm a community representative, and I'm in direct contact with the people of Miami. The people of Miami are not in agreement with the way the Miami Parking Authority is operating, and we're -- we don't know exactly what the mechanism is, but we respectfully request all of the Commissioners to do City of Miami Page 33 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 whatever is necessary for the Miami Parking Authority to come into the hands of the City and the funds at the disposal of that property become funds -- will be of the City of Miami. Chair Gort: Thankyou. In conclusion. Mr. Fontanillo (as interpreted by official Spanish interpreter Deborah Spector): (UNINTELLIGIBLE) There's a vety democratic system here (UNINTELLIGIBLE). We do not agree with this, and we believe that this -- if the City of Miami -- Commissioners can put forth a referendum to vote on stadiums and so on, we believe this honorable Commission could also have the power so that the dreams of the people of Miami can come into a memorandum (UNINTELLIGIBLE) -- Chair Gort: Thankyou, sir. In conclusion. Mr. Fontanillo (as interpreted by official Spanish interpreter Deborah Spector): (UNINTELLIGIBLE) 80 percent -- Chair Gort: In conclusion, please. Excuse me. Mr. Fontanillo (as interpreted by official Spanish interpreter Deborah Spector): I believe this department should come completely managed by the City of Miami. Chair Gort: Thank you, thank you. Conclusion. Thank you. Okay. Mr. Fontanillo (as interpreted by official Spanish interpreter Deborah Spector): It's in your hands to find a solution; otherwise, we'll have to stand up and -- Chair Gort: Okay. Mr. Fontanillo (as interpreted by official Spanish interpreter Deborah Spector): -- to make a change, this necessary change for the benefit of Miami. Thank you. Chair Gort: Okay, Schiller Jerome. Schiller Jerome: Good morning, Commissioners. My name is Schiller Jerome. I reside at 24 Northeast 47th Street. I am the president of the Buena Vista East Historic Neighborhood Association. We are the association abutted to the Design District. The reason I'm here is because of the fact that whenever we're talking about new development in parking, it's always concern for us. We already the community that has a very limited parking spaces, and the fact that today's speaking, we're talking about possible development without the cost to actually build the parking spaces being addressed is something that's vety concerning to our residents. Now, I do understand that the current waivers are entitled to the $12, 000 rate. That's fine. We can't change that. But the fact that we're allowing -- the fact that the time limit in regards to it is something that is of concern to me. I want to make sure that if these waivers are given and when these buildings are built, that the payments are paid in full at -- prior to the actual building being completed or a CO (Certificate of Occupancy) is being awarded to the actual building. And also, it's vety concerning to me that currently speaking, based on this current -- the $12, 000 rate, that those funds are not enough to actually build a parking garage. So, again, you know, when these buildings are built, my community is the one who's going to have to handle the parking issues. We already have a parking issue now. So I cannot -- I can tell you, I'm concerned and kind of worried about the fact that here we are talking about 300 parking spaces not being built in the next three or four years and here I am with a community that already lacks the parking spaces already, so we are very concerned about that one issue. The second issue is, I don't quite understand -- and can the -- can Commissioner Hardemon verify for me, is it currently that the new -- someone who applies for the waiver now is paying 45, 000 have a year to get the permits, City of Miami Page 34 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 correct? Is that -- it was changed this morning. I'm not quite sure. Vice Chair Hardemon: Mr. Chair. Chair Gort: I'm going to ask you to ask all the questions you have, and then the Vice Chairman will be more than glad to answer. Mr. Jerome: Okay, not a problem. Okay. And also, the -- also, I know there was a issue of a committee. I can tell you that there is -- the Miami Parking Authority has done a great job as far as providing parking in the last few years. My association -- my neighbors are okay with the current with the Parking Authority. I'm always concerned when someone say "committee," because when we talk about committee, you talk about more red tape and more bureaucracy, you know. If the Miami Parking Authority is authorized to provide parking, allow them to do it. The idea of creating some type of advisory board when initially, they don't need it. They've been vety effective at doing -- operating as they have. And I'm always concerned when there's a lot of hands in the pot, a lot of opinions being shared. Thank you vety much. Chair Gort: Thank you. Vice Chairman. He'll answer your question now, sir. Vice Chair Hardemon: Buying the parking waiver certificate now, so as of -- it will be as of today. If you get a parking certificate waiver now, you will have to acquire a building permit within a year. Mr. Jerome: Okay. Vice Chair Hardemon: So, yes. So what it does is that when people are ready to start to get the building permit process, it encourages them to buy the parking waivers at that time, rather than trying to take advantage of a lower rate, because they know a higher rate may be coming. All this was born because we were changing the rates from 12,000, which was insufficient, to now what it is -- what we're trying to make it 45,000. So there was a hedging going on, and so we're trying to avoid that so that we can actually have parking within the community, utilizing funds that we have enough to actually create parking in that area. So that's why we're doing it that way. Mr. Jerome: Can I ask a question to the question? Chair Gort: One more and that's it. Mr. Jerome: Okay. So it's safe to say that -- are we also applying the one-year period to the current waiver holders also, since we're being -- since we're asking new waiver holders to also operate within the one-year period? Vice Chair Hardemon: Say that one more time for me. Mr. Jerome: We're asking the new waiver owners, the person who buys it tomorrow, to have a year to do what they need to do. Vice Chair Hardemon: Right. Mr. Jerome: Are we applying that same verbiage to the current waiver owners? Vice Chair Hardemon: No. The way that we're doing the current waiver holders, if you look at revo -- did you get a copy of this? Mr. Jerome: Yes, but there was so much revision this morning, I didn't quite -- City of Miami Page 35 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Vice Chair Hardemon: I understand. Mr. Jerome: Okay. Vice Chair Hardemon: I understand. So there is a difference. I mean, in PartA of 30 -- 3 -- Section 35-227(a) spells out the difference for the people who are participating in the installment payment program, so in one arm they may have about 18 months; in another arm they could have as much as about four years to get it done. I mean, the way that I look at it, if you're considering the fact that these entities purchased waivers before the price went up, if they want to continue develop, they earned a discount. Mr. Jerome: Of course. Vice Chair Hardemon: They earned a discount. And so, changing of all of this -- of the entirety of this section was done so that moving forward, we won't have this problem anymore, and that's why we're trying to continue with this process. So we're trying to help alleviate the parking issue in your community. Mr. Jerome: Thank you very much. Chair Gort: Okay, thank you. Javier Fernandez. Vice Chair Hardemon: I think he already spoke. No? Chair Gort: It's a different Fernandez. Vice Chair Hardemon: Oh, yeah, it's a different Fernandez, yeah. Javier Fernandez: Good morning, members of the Commission. Javier Fernandez with Akerman Law Offices, at One Southeast Third Avenue, here on behalf of Miami Design District Associates. I concur with the revisions that Commissioner Hardemon just proffered. I'd just like to build on the language that Mr. Fernandez has suggested with one modification. I believe that his language reads as follows: `Pay the balance of the installment before November 2015 and obtain a building permit within three years of paying the fee." We would ask that that period be shortened to one year. If you're an as -of -right project, you should be able to procure a building permit in fairly short order. Or, in the alternative, within three years -- he has three years -- of a final non -appealable zoning determination. We would say, again, reduce that to a one-year period That would allow them, if they find themselves in a litigation posture, they would have the benefit of tolling time to basically come into compliance with that requirement. So, again, building on his language, rather than being at three years, we would proffer that both those time periods be one year in the alternative. Thank you. Chair Gort: Thank you. Okay, I don't have any other -- one from the public that would like to address us. We'll now -- Vice Chair Hardemon: So -- Chair Gort: But you didn't sign up. Come on. Jeff Bercow: I did sign up. I was late, though. I apologize. Chair Gort: Oh, okay. Mr. Bercow: I apologize. City of Miami Page 36 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Chair Gort: Go ahead. You're recognized. Mr. Bercow: Thank you, Mr. Chair, Commissioners. Jeff Bercow, also with the law firm of Bercow Radell & Fernandez, 200 South Biscayne Boulevard, in Miami. And I'm speaking on behalf of the Miami Design District Property Owners Association, a group of property owners who own lane, over a dozen -- over several dozen property owners who own land in the Design District area. Our principal concern is the provision in 35-228 that sets the new price for parking waivers at $45, 000. Where does this number come from? The last version of the ordinance, two weeks ago, had the number at $35, 000. And I asked the question, "Where does this come from?" And what 1 was told was that there is a memo prepared by the folks from Dacra, single piece of paper that comes up with the number that's closer to $45, 000. This is the only thing that I understand is in the record. My understanding is the industry standard for parking spaces is somewhere between 15 to $25, 000 per space. Now, I'll grant you that the cost of land in the Design District's a little bit more pricey, but still, $45, 000? We were told -- at one point, our group was told that a study would be done to determine exactly how much it costs to build parking in this area, and that wasn't done. This single piece of paper is not audited; it's not verified as far as I know. It relates to the City view parking garage which is -- which includes underground parking; it's designed by a nationally known New York architect with an artist design portions of the building envelope, all of which adds to the price. Our group never objected to the $35, 000 space. Again, there's no support in the record for $45, 000, and we fear that this large number is going to discourage future development. Now, one other issue that 1 have, and I'm raising this preemptively, and it is not addressed to Commissioner Hardemon's amendment, and I agree with my partner, Ben Fernandez, in the changes that he proposed. But I'm concerned, because we heard another version of the ordinance from staff earlier today that would basically decimate the rights of the people who had obtained parking waivers before February 23. Those people bought parking waivers under Code provisions that allowed them to pay in the installment program; they weren't subject to any time requirement to submit plans or otherwise obtain a building permit. They were clearly vested once full payment was made and without any requirement to obtain a building permit, and those parking waivers were transferrable and not subject to restrictions. Now staff is saying -- and I hope you don't adopt their version of the ordinance, but now staff is saying, essentially, that, you know, "I know we sold you these waivers, and we sold them to you for $12, 000 under certain conditions, but, you know, in retrospect, we think we made some" -- "we made an error in judgment, and we're going to take away the rights that we gave to you. And if you don't comply with the new conditions that we're imposing, you lose your parking waivers." I don't think that's fair. I don't think it's legal. I don't think it's constitutional. I don't think that's the message that the City of Miami wants to send to the business community and to new developers who are looking to come into this area. Thank you. Chair Gort: Thank you. Commissioner Suarez: Mr. Chair, if I may, just respond on that one -- Chair Gort: Let me close -- yes, go ahead. Did you sign up? Guillermo Ramos: Yes. Commissioner Suarez: He yielded his time to -- I think at the beginning -- to -- Mr. Ramos: No, I wanted Ben to go first. Chair Gort: No, you yield to him. Commissioner Suarez: Oh, oh, oh, my bad; my apologies. I thought you had yielded your time City of Miami Page 37 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 to Mr. Fernandez. I apologize. Mr. Ramos: Okay. I'm -- my name is Guillermo Ramos. I represent property on 3921 and 25 Northeast 2nd Avenue. In a full disclosure, I also volunteer with the City. I'm the chairman of the low-income housing Board that meets here monthly. We've owned this property, the family, for 23 years. We'd like to develop it; that's how we found out about all these waivers. But things take a long time, and I recently tried to put up a new fence in a property, and it took me five months to get permits and things and a new curve [sic], and it just takes so much longer than you anticipated. When this item was first deferred by Commissioner Sarnoff, the City Attorney asked for a 30-day deferment. He quickly said, "I know how long things take around here. Let's ask for 120 days, because things just take longer than they do. " And as a property owner, I'm not a sophisticated developer. It takes me a while to get through, and a lot of individual property owners, as well. So what I'm asking for is time so that I can get through the process. I am working in good faith, want to develop the property, but I don't want to run out of time, and that's all. Thank you very much. Chair Gort: Thank you, sir. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Let me see if -- anyone else in the public? We'll now close the public hearings. B. Fernandez: Mr. Chair, if I may, I just want to inform the Board that I spoke with Mr. Fernandez, Javier, and I understand he's asking for one year. We had -- you had recommended three. I think that we would be prepared to agree to two with the language that we suggested in order to expedite this and bring it to a conclusion. Chair Gort: Thank you. Now close the public hearings. Yes, sir, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. I just want to -- I mean, I -- you know, I appreciate Mr. Bercow's advocacy on behalf of his client, and I understand; and Mr. Piedra, as well, who I've spoken to, you know, on at least one occasion in my office. But I just want to be clear from my end that the Administration has always been consistent with me that the right was never to be perpetual, and that was to be done on an administrative basis. I'm not saying that you don't have a (UNINTELLIGIBLE) issue or that you may or may not be right. We all know that a court in many of these cases, particularly if there's an ambiguity, will interpret it as they see fit, and, you know, I think you clearly articulated your client's position in a very -- you know, in a very firm and in the way that I think most benefits your client, and your legal position has always been clear from the get -go. But I also want to clarify that the Planning director has been clear with me, from the very first moment, that the right was never to be perpetual. And I understand your concern, sir, because I think you see us struggling with how to make this work for everyone, because I think the idea here is to try to -- we never want to do anything up here and leave feeling that someone's not happy with our decision, clearly. And we're trying to balance all the different interests involved. And you're -- you know, you make a compelling argument, which is that you're not a developer, you know; you're a family and, you know, businessman, and you understand that things take time, and sometimes they take a lot longer than I wish that they did. So, you know, I think we're taking that all into consideration, but we want to be specific that these rights are not treated as commodities, as the Planning director said, or are not perpetual in nature, because that kind of loses the objective, which is that they're a waiver based on building, and if you build, you get the waiver. If you don't build, you don't get the waiver. So, you know, there's got to be some sort of a time component; whether it's reasonableness, which I think is a little too vague and it's way too -- subject to interpretation by a court -- or there's some sort of an, you know, agreed to time frame, I think it makes sense. And again, you have good lawyers, both of them, so they know what they're doing, certainly, in preserving the record, and how they see the law, and how they interpret it, and how they'll City of Miami Page 38 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 advocate on your behalf and on behalf of others. But I just want it to be clear in defense of my Planning director who, you know, I have the utmost respect for, and has been vety, vety clear with me from the get -go. Vice Chair Hardemon: And Mr. Chair, may I be recognized? Chair Gort: Yes, sir. Vice Chair Hardemon: Thank you. In listening to the comments that were put forth by the public today, Mr. Fernandez, you made a -- Ben Fernandez, rather -- you made an appeal to me or to this Commission to allow for, if there is any appeal, any legal appeal to any of the building permits or anything of that nature. So I'm willing to modify -- well, this will be to amend my motion when it is to -- basically to modify what I have turned in to the Clerk and everyone else for Section "F" under "building permits," at the end, to say: "Any appeal of a building permit or similar development permit shall toll the time period specified in this section until a final decision is rendered. " And that will be the only amendment that I will make. Commissioner Suarez: I'll second the Vice Chair's motion. Vice Chair Hardemon: So to be clear, because I haven't made the final motion yet. So I move to modify -- 'cause I don't believe this is include -- yeah. I move to modify SR.2 so that it is replaced with the written recommendations that I passed forward to the Commission and to the Clerk; in addition, to include the statement: "Any appeal of a building permit or similar development permit shall toll the time period specified in this section until a final decision is rendered under Section "F, " building permit. B. Fernandez: Commissioner, can we just clarify that it applies to any zoning site plan approval or development permit? Vice Chair Hardemon: So the similar -- and I'll ask this question to the City Attorney. The similar development -- would you say "building permit" or "similar development"? A permit. Mr. Min: Correct. It is my opinion that a zoning permit is a type of development permit, so I believe that's covered. To the extent the Commission thinks it needs to be further clarified to include Zoning, Public Works, Fire, you know, every potential discipline there is, we can add it (UNINTELLIGIBLE). B. Fernandez: Development order. (UNINTELLIGIBLE) development order. Vice Chair Hardemon: Right. So that's why I wanted to stay away from that and just make it "similar" so that we can -- we have that room in there for it. Commissioner Suarez: And the time frame issue, correct; that's also part of your motion? Vice Chair Hardemon: The time frame, do you mean for --? Commissioner Suarez: For one to three, one and a half that discussion that we -- I think they settled on two. B. Fernandez: Commissioner, we would ask -- Unidentified Speaker: For three. B. Fernandez: -- for three, because our initial language that I read was different from what City Attorney suggested. City of Miami Page 39 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Commissioner Suarez: We know that you (UNINTELLIGIBLE) on three, but you just said a second ago -- B. Fernandez: Well, I did if it was based on our language. Our language would provide a tolling mechanism through the pendency of the entire zoning application. You've sort of truncated that to apply only during an appeal period So given that, we would ask that you allow for the three-year period and we would be comfortable with the tolling only in the event of an appeal. Chair Gort: Let me make a statement which I think is very important, and I had this happen to me before. This gentleman applying for a fence permit, fence permit -- no construction, no architecture -- took him six months to get a permit. Commissioner Suarez: That's crazy. Chair Gort: And sometimes this is something we have to take in consideration. At the same time, I recall you addressed "act of God" and these other -- so there's a lot of protections in there, okay? Thank you. Vice Chair Hardemon: So it is as I've -- Chair Gort: Read it. Vice Chair Hardemon: -- turned in and with the recommendations that we've -- that Commissioner Suarez just seconded. I have no further discussion. Chair Gort: Okay. Commissioner Suarez: And I'm fine with those modifications. Chair Gort: Seconder accept the -- B. Fernandez: Sorry. Point of clarification: Is that three or two years? Unidentified Speaker: Two. Vice Chair Hardemon: It is at three -- Commissioner Suarez: Three. Chair Gort: Three. Vice Chair Hardemon: -- as it was; three. B. Fernandez: Thank you. Commissioner Suarez: Okay. B. Fernandez: Thank you very much. Thank you for consideration. Chair Gort: Okay. Commissioner Suarez: I thought we had agreed on two, but whatever. City of Miami Page 40 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Chair Gort: Is anybody wants to read the whole ordinance and the amendments, please? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: To summarize the changes, the changes are 35-225(d)(4), the addition of the word "unassociated"; 35-225(d)(5), the word -- adding the word "unassociated"; 35-227, the addition of a requirement that a building permit be obtained within three years; 35-227(a), allowing a credit for those whose certificate of waivers are revoked, minus any administrative costs to the City of DOSP (Department of Off -Street Parking); 35-227(b), removing the option to pay in full; 35-227(c), clarifying that any new certificate of waivers shall be at the current rate; 35-227(d), clarifying that credits are not transferrable; 35-227(g), limiting evidence that may be presented at an appeal to considerable delay caused by the City, another governmental entity, or an act of God; and 35-227(1), tolling the time period for any appeal. Chair Gort: Roll call. Vice Chair Hardemon: I believe that -- Commissioner Carollo: Yeah. Mr. Chairman, I have all the ones that are written, but there was apparently one more amendment that was stated for the record. I just want to make sure. And I think you mentioned under Section 35-2270, but I just want to verify what was that amendment. Vice Chair Hardemon: May I, Mr. Chairman, through the Chair? Chair Gort: Yes. Vice Chair Hardemon: Any appeal of a building permit or similar development permit shall toll the time period specified in this section until a final decision is rendered. Commissioner Carollo: Okay. Everything else stays as it was proposed in the resolution, correct? Unidentified Speaker: Yes, sir. Vice Chair Hardemon: In the modification that I handed to you, yes. Mr. Hannon): Roll call on item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 4-0. Vice Chair Hardemon: Good job. Chair Gort: Thank you. END OF SECOND READING ORDINANCES FIRST READING ORDINANCE FR.1 ORDINANCE First Reading 14-00377 CivilServiceBoard AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/CIVIL SERVICE RULES AND City of Miami Page 41 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 REGULATIONS", MORE PARTICULARLY BY AMENDING SECTION 40-113(A), TO REQUIRE THAT LEAVES FOR MILITARY TRAINING DURING AN ANNUAL PERIOD BE IN COMPLIANCE WITH FLORIDA STATUTE 115.07, AS AMENDED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00377 Summary Form SR.pdf 14-00377 Memo - City Manager FR/SR.pdf 14-00377 Memo - Civil Service FR/SR.pdf 14-00377 Back -Up Documents FR/SR.pdf 14-00377 Legislation FR/SR.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez Chair Gort: I'm sorry. I missed the first reading for military leave, F -- SR.1. Tishra Mindingall: FR (first reading). Chair Gort: Yes, ma'am, you're -- Ms. Mindingall: Good morning, Commissioners. My name is Tish Mindingall. I'm with the Office of the Civil Service Board. The Florida Legislature some time ago amended Florida Statute 115.07 to revise the time allowed for military training leave, and we just need to update the City Code so that it matches. Chair Gort: Okay, thank you. Any further questions? Questions? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I just want to verify. All this is doing is matching it to the State Code? Ms. Mindingall: That's correct. Victoria Mendez (City Attorney): Yes. Commissioner Carollo: And Madam City Attorney, I want to verify. Do we need to pass this in order to match State Code? It's -- Ms. Mendez: Yes, yes, we need to be in compliance, so we should pass it, and we should -- yes, we need to do it in order to be able to be in compliance and then give the leave that's necessary. Commissioner Carollo: Thank you. Chair Gort: Okay, this is a public hearing. Is anyone in the public would like to address SRE.1 [ski? Is anyone in the public would like to address SRE.1 ? Seeing none, showing none, close the public hearings. Comments? It's an ordinance. Todd B. Hannon (City Clerk): Is there a motion, sir? Commissioner Carollo: So moved. Chair Gort: Yes. City of Miami Page 42 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Vice Chair Hardemon: Second. Chair Gort: I thought it was moved. I'm sorry. Moved by Commissioner Carollo; second by Vice Chairman Hardemon. You want to read the ordinance? Ms. Mendez: Yes, one moment. Just for the record, to clarify, it is ER -- First Reading 1, FR.1. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. END OF FIRST READING ORDINANCE RESOLUTIONS RE.1 RESOLUTION 14-00443 City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA ("STATE"), OFFICE OF THE PUBLIC DEFENDER, FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, TO REIMBURSE THE STATE FOR THE COST OF DEFENDING CERTAIN CRIMINAL VIOLATIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA. 14-00443 Memo - City Attorney.pdf 14-00443 Legislation.pdf 14-00443 Exhibit-Agreement.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-14-0200 Chair Gort: Let's see. We go to RE.1. Do we have first reading --? SR.1 has been defer. Daniel J. Alfonso (City Manager): RE.1? Commissioner Carollo: RE.1 has not been deferred, that 1 know of. Mr. Alfonso: No, no, it's not. RE.1 is a resolution authorizing the Manager to execute an agreement with the District Attorney -- I'm sorry -- the Public Defender and the State Attorney for payment of enforcement of local ordinances. Vice Chair Hardemon: So moved. Oh, I'm sorry. Victoria Mendez (City Attorney): That's fine. City of Miami Page 43 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 RE.2 14-00379 Department of Capital Improvements Program Chair Gort: It's been moved by Vice Chairman Hardemon; second by -- Commissioner Carollo: Second. Chair Gort: -- Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED DECEMBER 18, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO. 13-14-002, FROM WEST CONSTRUCTION, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FORAFRICAN SQUARE PARK IMPROVEMENTS AND RENOVATIONS/ SPLASH PARK PROJECT, FORA TOTAL NOT TO EXCEED AWARD VALUE OF $559,918.70, WHICH INCLUDES $494,017.00 FOR THE TOTAL BASE BID AMOUNT AND AN ALLOWANCE OF $15,000.00 FOR PERMIT FEES, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $50,901.70; ALLOCATING FUNDS IN THE AMOUNT OF $559,918.70, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30882; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 14-00379 Summary Form.pdf 14-00379 Legislation.pdf 14-00379 Exhibit.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-14-0201 Chair Gort: RE.2. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Didn't we have SR.2? Todd B. Hannon (City Clerk): Yes, sir, that is on the list. Daniel J. Alfonso (City Manager): Commissioners, if we may, SR.2, if we can have about an hour. We're trying to resolve some issues with some of the folks involved, so we would appreciate if the Commission would table it till a little later in the clay. Commissioner Carollo: Okay. Chair Gort: Okay. City of Miami Page 44 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Mark Spanioli (Director, Capital Improvements Program): Good morning, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. RE.2 is a contract award to West Construction. This is for the African Square Park -- Splash Park and Bathroom Renovation Project, in an amount not to exceed of $559, 918. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: In this -- in the -- I believe it will be -- I'm not sure if it's properly called an MOU (Memorandum of Understanding) or at least a contract. We can agree to call it the contract between the City and the contractor. The local workforce participation is at 15 percent. Mr. Spanioli: Yes. Vice Chair Hardemon: I know within the County, there's a much higher threshold. I believe it's around 30 percent. And so, Commissioners, what I was looking to do was to increase the local workforce participation in this contract to 25 percent, and then I would request -- I would respectfully request that of that 25 percent, 50 percent of the workforce participation come from ZIP (Zone Improvement Project) Codes that are within the District 5, since this is a project that affects District 5. And even still, with that change being put into there, that would still give us 15 percent of the workforce available, just about 10 to 15 percent available for the entirety of district -- I mean, for -- of the City of Miami. So those are some changes I wish to make, and we can discuss it before I make the motion. Chair Gort: Okay. Victoria Mendez (City Attorney): Commissioner. Chair Gort: Yes. Ms. Mendez: Just to be clear, and Chairman, you want what percentage? Because I believe that the ordinance is 15 percent, so -- Vice Chair Hardemon: The County ordinance, I thought was higher than that. I believe they just recently had a change where they moved it to about 25 percent. Mr. Spanioli: The City's current ordinance is 15 percent. This was a project that was bid out to contractors advertising and it was a formal bid process. This was the requirement that was included in the bid. I think it would be difficult at this point to make that modification without asking the contractor if he'd be willing to accept that change. Vice Chair Hardemon: Okay. Well, may I Mr. Chairman? Chair Gort: Yes, go ahead. Vice Chair Hardemon: Is it possible, then, still to make an amendment to have 50 percent of the 15 percent come from ZIP Codes within District 5? Ms. Mendez: So to make the -- in order to comply with the ordinance, that it should be a higher percentage within your district? Vice Chair Hardemon: So -- yes, that's what -- that's -- so basically -- as it currently stands, it's 15 percent local workforce participation -- City of Miami Page 45 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Ms. Mendez: Right. Vice Chair Hardemon: -- which I think is -- it should be higher, but nonetheless, it is 15 percent Ms. Mendez: And we'll make sure we -- we'll come -- we'll double check that we get the highest when we -- when the bids actually go out, we'll make sure now, because this is an issue that's very important to you. We'll make sure that these things are properly placed in the bid documents. I believe that we're complying fully with the County Code, but if it could be higher, then maybe it's something that we'll address with the Commission. At this time, though, I believe that in order for it to be all from -- or mostly from your district, your colleagues would have to agree also. Vice Chair Hardemon: Okay. And so, Commissioners, just so you understand exactly what 1 was saying, is this is a project that is within District 5, and we know that in the country, District 5 has -- is one of the poorest communities in the nation, and I think that's one of the things that I think that differentiates this district from a lot of other districts that we share within the City of Miami. And so, in this sense, I was just trying to find a way where we can increase the employment opportunities for people who live within District 5. I'm not talking any particular race, any particular color. Those of us here know that my district is probably the most diverse of all of our districts, which means that 1 have everyone from whites, Spanish, black, island in the district. I'm not telling this Commission what race of people I believe should be hired, but that of the people who are affected in this district the most, that we include 50 percent local participation requirement for District 5 within this local reference requirement, so -- Chair Gort: Let me -- Vice Chair Hardemon: Yes. Chair Gort: -- give you a suggestion. My understanding, this one, we -- it's an REP (Request for Proposals) that went out, so legally, we cannot make the change. But I recommend that you talk to the contractor. I'm sure they want to continue to do business within the City of Miami. And I think the request is to make a change in our procurement where we're requesting, when it's funding from the City of Miami -- from -- the funding comes from the City of Miami, the 50 percent participation will be added to minority group, and within that neighborhood as possible, 15 or 20. Ms. Mendez: It's not minority. It's just workforce participation -- Chair Gort: Workforce, okay. Ms. Mendez: -- to be in compliance -- Chair Gort: (UNINTELLIGIBLE). Ms. Mendez: -- but we could definitely talk to the bid winners. Chair Gort: My understanding, I'm recommending our workforce office and anybody that comes to me requesting for a job, I ask them to go to the work office -- the workforce office that we have on 20th Street and 7th Avenue -- and I hope people are listening to this -- and register with them, 'cause what we're asking these individual to go to them 'cause these are individuals that been prequalified, they're residents of the City of Miami, and they live within certain ZIP Code, okay? Vice Chair Hardemon: And so, to be clear -- Mr. Chairman, may I? City of Miami Page 46 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Chair Gort: Yes, sir. Vice Chair Hardemon: -- we can make the change to this to say 50 percent can come from residents who are within the district -- within the ZIP Codes of District 5. Ms. Mendez: We can make that type of an aspirational and work very hard with the contractors to meet that. Yes, we can, because it's within the parameters -- yes. Vice Chair Hardemon: So, Commissioners, what I ask is that we accept that -- I move that we accept that friendly amendment to make it aspirational. I understand this project has been on the books as something that is to come before my time and, from moving forward, that will be a type of request that I would ask in the future. But the motion will be to make the 50 percent go aspirational within the contract so that 50 percent can come from ZIP Codes that are within District 5. Ms. Mendez: So to be clear, 50 percent of the 15 percent? Vice Chair Hardemon: That is correct. Ms. Mendez: Just to be clear for the record. Commissioner Carollo: Second for discussion. Chair Gort: Second for discussion. Commissioner Carollo. Commissioner Carollo: Thank you. And, Commissioner, I mean, I support you, and I yield to your due diligence on this project. I just want to verify, first of all, that -- and it's two points, and I want to verify from the City Attorney, can we legally do this? And -- Chair Gort: Excuse me, excuse me. You're being asked a question. Ms. Mendez: Yes. Commissioner Carollo: Madam City Attorney, the -- my first question is can we legally do this? Ms. Mendez: This is the issue. The ordinance clearly states what you're allowed to do, which is the 15 percent. We will work with the contractor, who -- and we didn't put this in the award documents beforehand. We will work with the contractor to be sure that this is something that they can assist us with. Obviously, it is more of an aspirational goal in that we can't fully, you know, just throw out the bid if they decide that they cannot do it, but obviously, we'll work with them. We'll give them all the resources and everything to get them to that level of participation, as has been requested from this Commission, if that is what is done. We will, though, based on your request on one other or two other contracts with this regard, we will make sure that when the bids go out, we are going to put more -- not aspirational language, but more -- just language that says that these are what the -- what this Commission is going to be looking for. In -- also in the interim, we will look at the County's ordinance, look at their percentages, look at our percentages and make sure that we're in alignment. If we're not, we're going to probably bring it back before the Commission to make a higher participation -- workforce participation in this regard, as you have told us in two prior meetings. Chair Gort: Okay. Mr. Alfonso: Mr. Chairman, ifI may? Chair Gort: Yes. City of Miami Page 47 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Mr. Alfonso: Just real quick. Understanding that while it may appear that change comes slowly, we have to understand that these things went out to bid in 2013, you know, or in October, or whatever, before the Commissioner was here, so these things will change with time, but it won't be necessarily right away. Chair Gort: Gentlemen, it's very simple. We need to change the ordinance. She's going to check with the County, and we're going to comply with the County ordinance, more or less. We all understand, although I'm not an attorney, that there's nothing we can do on this one. But there's something called a friendly persuasion negotiation; everybody would love to do business with the City of Miami. Hopefully, God willing, we have many other contracts that going to be coming in front of the City of Miami, and it's good that we had create a workforce office that has been training people. We've had several training programs within our neighborhoods, 'cause the unemployment in our neighborhood is a little high than to the rest of the nation or even Miami -Dade County. And the biggest complaint that we all go out when we go to public meetings, "Hey, yes, the City's giving out all those projects, but we're not getting employment." So we're asking our people go to the workforce office, register yourself in there, receive the training so they can't come back and say, "Oh, I'm sorry, we don't have training people. " We do have plenty of training people. And the workforce is a great idea the City establish, and I think that's the instrument they should use to try to recruit people when they need someone, okay? Ms. Mendez: And -- Chair Gort: Yes. Ms. Mendez: -- Chairman. Oh. Chair Gort: Yes. Ms. Mendez: I'm sorry. I had told Commissioner Hardemon that within the parameters of the -- of this -- the County's ordinance that we were going to work really hard and there could be changes that we could make, and we're going to negotiate with the contractor to make sure that we meet this goal. It's, again, aspirational, but we're going to work, speak with them and try and incorporate them into this one as well. But for the future, we will take all of these into account when sending out our bids. Chair Gort: Especially if the funding is from the City of Miami. Vice Chair Hardemon: Yeah. Chair Gort: Okay. Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Commissioner Carollo, you're recognized. Commissioner Carollo: Yeah, the second part, I guess it ducktails [sic] a little bit, but if they cannot meet those goals, you know, and at the same time, I don't want it to be for a lack of trying; I want it to be -- I want them to meet the goal, first of all, but if they cannot meet those goals, will they jeopardize the project in any way or --? Because, you know, then we may have another issue that maybe, realistically, we may have to look at more training for individuals in that area to be able to, you know, obtain these type of jobs, but I just want to make sure that, you know, that's also covered. Mr. Spanioli: Commissioner, the 15 percent local workforce requirement does have a penalty City of Miami Page 48 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 RE.3 14-00399 Department of Capital Improvements Program clause. If they cannot meet the 15 percent workforce requirement, we will withhold 5 percent of the retainage [sic] amount, which -- Commissioner Carollo: Right. Mr. Spanioli: Five percent retainage, which will be -- Commissioner Carollo: Yeah, but -- Mr. Spanioli: -- 5 percent of the project cost. Commissioner Carollo: -- I'm looking more at the 50 percent from the 15 percent within those ZIP Codes. That's more of what I'm looking at. Ms. Mendez: Again, we're going to -- right after we finish this, we're going to talk to them. We're going to try and negotiate that so that is met. But since they have to meet the 15 percent -- that is what Mr. Spanioli is referring to, that they have to meet the 15 percent based on the County ordinance, but we will work with them to meet the 50 percent of the 15, as has been directed at this time. Mr. Spanioli: If I may, Commissioners. Chair Gort: Yes. Mr. Spanioli: We do recognize that the current ordinance, which we actually updated in 2012 with the 15 percent requirement, does have some issues not only pertaining to the community, but it also provides issues for us, because just tracking 15 percent of a labor cost is very difficult. Even though it is clone by a third party qualifier, it is difficult for us to track. We'd like to look towards a system where you have -- if it's a million -dollar job, you have ten employ -- you know, ten local workforce, something of that nature. It's just straightforward so you know from the get -go this probably is going to have this many workers on it. So we are working on that. And we did -- Commissioner Hardemon, we did send recently to your office a copy of the current ordinance for review. Vice Chair Hardemon: Thank you. Chair Gort: Okay. And part of your supervision, since you supervise all the jobs and all that, and make sure you have inspectors looking at the things being done, they can ensure that too, also. Okay, any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Hannon: As amended. Chair Gort: As amended. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RECREATIONAL DESIGN AND CONSTRUCTION, INC. FOR DESIGN BUILD SERVICES FOR THE DESIGN AND CONSTRUCTION OF THE GIBSON PARK PROJECT, B-30305B, City of Miami Page 49 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 INCREASING THE AGREEMENT IN THE AMOUNT OF $2,806,857.00, PLUS A TEN (10) PERCENT OWNER CONTINGENCY AMOUNT OF $280,685.70, FOR A TOTAL AMOUNT OF $3,087,542.70, FOR THE IMPLEMENTATION OF THE PHASE II INDOOR BASKETBALL GYMNASIUM, THEREBY INCREASING THE AWARD VALUE FROM $13,357,834.60 TO AN AMOUNT NOT TO EXCEED $16,445,377.30; ALLOCATING FUNDS FROM COMMUNITY REDEVELOPMENT AGENCY PROJECT NO. 92-689001. 14-00399 Summary Form.pdf 14-00399 Pre-Legislation.pdf 14-00399 Legislation.pdf 14-00399 Exhibit-Agreement.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-14-0202 Chair Gort: RE. 3. Mark Spanioli: RE.3 good morning again, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. RE.3 is an amendment to our current contract with Recreational Design and Construction. This is for the Gibson Park indoor basketball gymnasium. There is a scrivener's error on amendment number 3 at the -- the last "whereas" of page one of amendment number 3. The amount should read, "thereby increasing the agreement from $12,143, 486 to an amount not to exceed $14, 950, 343. Chair Gort: Thank you. Is there a motion? Vice Chair Hardemon: So moved. Chair Gort: It's been moved by Vice Chairman Hardemon. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. Todd B. Hannon (City Clerk): As amended. RE.4 RESOLUTION 14-00449 Office of the Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING THE GREENLINK PROPOSAL FOR CREATING A TEN (10) MILE LINEAR PARK ALONG THE METRORAIL CORRIDOR; DIRECTING THE CITY CLERK TO TRANSMITACOPY OF THIS RESOLUTION TO THE DESIGNATED OFFICIALS HEREIN. 14-00449 Legislation.pdf City of Miami Page 50 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0210 Chair Gort: Right on time; 3:04, yes. Okay, time certain, RE.4 Unidentified Speaker: RE. 7? Chair Gort: RE.4, GreenLink; it's all yours. Meg Daly: Oh, I didn't know I was going to have the floor. Hi. I'm Meg Daly, and I'm the founder of the GreenLink. And our initiative is to transform the land underneath the Metrorail, and that's currently the in path and it's the guideway underneath Metrorail from Brickell, Miami River down to Dadeland South. And we've gotten a lot of community support, a lot of excitement in the initiative, and we wanted to make sure that the City of Miami supported what we're doing, since quite a bit of the frontage is going to be servicing the community of Miami. Chair Gort: Okay, it's a resolution. Madam Attorney, would you like to read the resolution? Victoria Mendez (City Attorney): Yes, Chairman. A resolution of the Miami City Commission endorsing the GreenLink proposal for creating a 10-mile linear park along the Metrorail Corridor; directing the City Clerk to transmit a copy of this resolution to the designated officials herein. Chair Gort: Thank you. Is there a motion? Commissioner Sarnoff So move, Mr. Chair. Chair Gort: Is there a second? Commissioner Suarez: Second. Chair Gort: Second for discussion. Discussion? Commissioner Suarez: Yeah, I'll -- Chair Gort: Go ahead. Commissioner Suarez: -- might as well take the opportunity and just -- well, this is RE.4, correct? I just want to make sure we're on the -- Chair Gort: Yes. Commissioner Suarez: Yeah. I just commend the organization for -- and Tony's not here today; he's the one that sent me an e-mail (electronic). Look, we -- you know, Commissioner Sarnoff -- I call him "Commissioner Parks" over there -- we struggle, you know, to -- in an urban setting to expand our parkland, so it's incumbent upon us, as other cities have done across the country and across the world, really -- I just came from New York not too long ago, and, you know, they have Highland Park, which is a gorgeous -- kind of offshoot of this idea, except this is under instead of above. So I commend you for that, and I hope we're able to do something more than just, you know, resolve to support this and actually help make this and transform it into the vision that you have for it. City of Miami Page 51 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Ms. Daly: Thank you. Chair Gort: Thankyou. Commissioner Sarnoff I'd just echo his comments; he said them extremely well. And we should do more than give lip service to this and make this a reality for everybody in Miami. Chair Gort: I have to tell you, I've been informed how dynamic you are, and I commend you, what you're doing, but I'm going to ask you for something else. The overpass for the Metrorail goes all through Overtown -- Ms. Daly: Right. Chair Gort: -- Allapattah. I'd like to see that extend to those areas, 'cause those area [sic] need it a lot more than many of the other areas. I think we of the public sector have to set up the example for the residents to follow. So if you could expand that, I'd be more than glad to work with you all. I'll support you all the way. Ms. Daly: So we really want to be the catalyst for this green vision throughout the community, and 10 miles of green space, which is currently underutilized, and transforming that into this world -class linear park and trail I think is the beginning of something great for the community. So we're talking to other people and organizations throughout the community to (UNINTELLIGIBLE) -- to really find those links where we can start the 10 miles and find where we connect north, south, east and west, to make this a network throughout the community. Chair Gort: Thank you very much. And my office support you all the way on the -- Ms. Daly: Thank you. Chair Gort: -- continue up north. Ms. Daly: Thanks. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Chair Gort: Thankyou very much. RE.5 RESOLUTION 14-00299 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE Commissioner Marc GREEN CORRIDOR PACE DISTRICT TO EXPAND ELIGIBILITY FOR David Sarnoff FINANCING OF QUALIFYING IMPROVEMENTS TO SINGLE FAMILY AND DUPLEX RESIDENTIAL PROPERTIES LOCATED IN CITY OF MIAMI COMMISSION DISTRICTS 2 AND 4. 14-00299 House Bill 7179.pdf 14-00299 State Statute 163.08.pdf 14-00299 Pre-Legislation.pdf 14-00299 Legislation (Version 2).pdf City of Miami Page 52 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 RE.6 14-00461 Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.5 was deferred to the June 12, 2014 Regular Commission Meeting. RESOLUTION District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE Wifredo (Willy) Gort ATTACHED FORM, WITH CAMILLUS HOUSE, INC., TO ESTABLISH A MAT PROGRAM, INCLUDING THE PROVISION OF MATS, NOT TO EXCEED ONE HUNDRED (100), IN THE CAMILLUS PAVILION FOR THE NIGHTLY USE OF HOMELESS INDIVIDUALS, ALONG WITH OTHER ASSOCIATED AND ACCOMPANYING HOMELESS SERVICES, SUCH AS MEALS, SHOWERS, RESTROOMS, CLOTHING EXCHANGE, ETC., FORA PERIOD OF ONE (1) YEAR, SUBJECT TO SAID MATS BEING EXCLUSIVELY DESIGNATED FOR THE CITY'S HOMELESS, AND ATA TOTAL COST OF $700,000.00, PAYABLE IN TWELVE (12) MONTHLY INSTALLMENTS. 14-00461 Legislation.pdf 14-00461 Exhibit-Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.6 was deferred to the July 24, 2014 Planning and Zoning Commission Meeting. RE.7 RESOLUTION 14-00453 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A Facilities DONATION IN THE AMOUNT OF APPROXIMATELY FOUR MILLION ONE HUNDRED SIXTY FIVE THOUSAND DOLLARS ($4,165,000.00), FROM BCC ROAD IMPROVEMENT, LLC., A FLORIDA LIMITED LIABILITY CORPORATION, TO THE CITY OF MIAMI, TO DEFRAY ANY RELATED COSTS FOR THE LAND ACQUISITION OF THE PROPERTIES LOCATED AT 602 SOUTH MIAMI AVENUE AND 614 SOUTH MIAMI AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID DONATION. 14-00453 Summary Form.pdf 14-00453 Legislation.pdf 14-00453-Submittal-Spencer Crowley-Presentation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo City of Miami Page 53 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 R-1 4-0207 Chair Gort: RE.7, donation of funds. Go ahead. Henry Torre: Good afternoon, Commissioners. Henry Torre, director of Public Facilities. RE.7 is a resolution accepting a donation in the amount of approximately $4,165, 000 from BCC Road Improvements, LLC (Limited Liability Corporation), to the City of Miami to defray any related cost for the land acquisition of the properties located at 602 South Miami Avenue and 614 South Miami Avenue. I will go ahead and read items PH.1 and PH 2, as they are companion items. PH.1 is a resolution authorizing the City Manager to execute a contract for sale and purchase between the City of Miami and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the acquisition of the properties located at 602 South Miami Avenue and 614 South Miami Avenue, in connection with the traffic improvement at 6th Street and Miami Avenue Project, for a total purchase price of $4, 700, 000; allocated funds at a total amount not to exceed $4, 865, 000 from the following funding sources: The donation made by BCC Road Improvements in the amount of $4,165, 000 and $700, 000 from 6th Street easement fees made by Swire Properties, Inc., to cover the cost associated with the acquisition of the property. Finally, PH.2 is a resolution declaring a surplus and approving the conveyance of the City of Miami property located at 602 South Miami Avenue and 614 Miami Avenue [sic] to BCC Road Improvement, LLC, a Florida limited liability corporation, for a total purchase price of $4 million, and to finalize the transaction in accordance with the terms of the agreement with purchaser covering all costs associated with the transfer of the property, including but not limited to appraisals, survey, environmental report, title insurance and all closing costs. Commissioner Suarez: Move RE.7. Commissioner Sarnoff. Second Chair Gort: It's been moved and second. Mr. Torre: Commissioners, Spencer Crowley is here from -- representing BBC [sic]; have a small presentation. Spencer Crowley: Good afternoon, Commissioners. Spencer Crowley from One Southeast Third Avenue. I'm here today representing Swire Properties, and joining me are Chris Gandolfo, Yamy Reyes and Steve Owens from Swire. We're here today with what we believe is a really great project which is going to complement not only Brickell City Centre but also the Brickell neighborhood. So I just want to run through this real quick presentation for you all so you understand the concept behind this. A little bit of background on the project. Of course, with the increased development in Brickell, people are starting to get more and more concerned with increased traffic and the issues associated with that. So the ability to do anything to remedy traffic is limiter, because, of course, we can't widen the roads, so opportunities like this are few and far between, and we think need to be taken advantage of. Back in 2013, the City retained an engineer to look at this area of Brickell to try to see what kinds of improvements could be done. One of the recurring themes was trying to achieve a traffic improvement at the intersection of South Miami Avenue and 6th Street. During the most recent entitlement for One Brickell City Centre, we discussed with staff the idea of trying to help out with this improvement. So here on the screen you see the concept that we're trying to implement, and we believe it's very beneficial for the Brickell neighborhood, because, as you can see here, this area of Brickell, sort of west of Brickell Avenue and north of 6th Street, right now is unable to use 6th Street to cross and head out to 7th Street and 95. Basically, there's two ways: They have to either use 5th Street or come down to use Brickell and get on 7th Street. The proposed improvement is going to change that and allow people to take 6th Street right across Miami Avenue, head directly out. Of course, the other ways to get out west are also there, but this will be an alternative way and I think obviously a great benefit to everyone. So I think everyone agrees and understands that this is a benefit, but there are a couple problems. The first is that the State of Florida own the property, and they City of Miami Page 54 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 were not a willing seller when we first approached them. The second was the State wanted fair market value, and there's a cost associated with the actual improvement, which the City didn't have the funds to achieve. So the solutions we have been able to bring to the table through Swire's efforts so that Swire's able to convince the State basically to sell their property, and Swire's bringing the needed funds to the table to make it happen. Vice Chair Hardemon: May interrupt for one second? Chair Gort: Yes. Vice Chair Hardemon: Can you go back to the last slide? Mr. Crowley: Sure. Vice Chair Hardemon: I'm trying to understand the -- you said 'Problem"; State of Florida owns the land for need for traffic improvement and was not a willing seller. You said "we." I'm trying to figure out who's "we." Are you talking about Swire? Mr. Crowley: Yes. Vice Chair Hardemon: Okay. Mr. Crowley: Swire went to the State, we had meetings with them, we talked to them and we're -- through those efforts, were able to convince the State that they could sell this property; they could surplus it so that we could use it for this improvement. Vice Chair Hardemon: And they were not a willing seller just for -- do you know the reason? Mr. Crowley: Just the way the State is, I guess. Vice Chair Hardemon: Well, I remember you saying that they wanted fair market value, also. Mr. Crowley: That's correct. So once we were able to convince the State to sell, they said, "Look" -- I mean, one of their first approaches was, "We'd like you to sell it, but we're going to use it for a public improvement. So is there any, like, discount associated with that?" They said, "No; it's State property and we're selling it for fair market value; that's the deal." Vice Chair Hardemon: Okay, thank you. Mr. Crowley: So again, I think the important thing to realize is that this improvement is being accomplished with no fiscal impact to the City. So, really, to wrap up, just a couple of clarifications. The donation that Swire is making as part of RE.7 is a credit towards the purchase price, so Swire will use that to purchase the property from the City. And these easement fees that are accounted for are accounted for in the City's CIP (Capital Improvements Program) budget. They have a `B" number, and so this is a project that's been contemplated by the City. So with that, we'll answer any questions, and we'll be back again before the Commission on June 12 for approval of the development agreement, which is going to be the agreement between the City and Swire whereby Swire agrees to construct the actual traffic improvement. Thank you. Chair Gort: Okay, thank you. We -- this is a public hearing for PH.1, PH. 2 and RE.7. Mr. Torre: Commissioner, ifI could just make one clarification under PH.2. There will be a deed reverter which would require BBC [sic] to build this traffic circle within three years with two two-year options. If not completed within that time, then it reverts back to the City. City of Miami Page 55 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Chair Gort: Okay. Todd B. Hannon (City Clerk): I'm sorry, Chair. Does that modify the legislation for PH 2? Mr. Torre: No, it wouldn't. Mr. Hannon: Okay, thank you. Chair Gort: Is anyone in the public would like to address either one of the street issues mentioned before? Seeing none, hearing none, we'll close the public hearing. Comments? Do I have a motion for RE. 7? It's been made. Is there a second? Commissioner Sarnoff. Second Chair Gort: Second. Any further discussion? Being none -- yes, sir. Vice Chair Hardemon: I'm trying to figure out -- one of the things that I was confused about earlier is that when we look at -- Mr. Manager, when we look at the legislation or the resolution, I understand this one is the acceptance of the funds. I understand one is going to be for the purchase and then one is going to be for the conveyance. And the one for the conveyance, which I believe is -- I can't think of the number -- oh, here it is, RE.10. Unidentified Speaker: PH.2. Vice Chair Hardemon: In that -- I'm sorry, PH.2. In that piece of resolution, it had a price. It had a cost that it was conveying this property to Swire for. Mr. Torre: Correct. Vice Chair Hardemon: So I'm trying to figure out, is this a selling of the property to them or is it not? Mr. Torre: Commissioner, yes, it is; it is intended to be a purchase and sale agreement. Vice Chair Hardemon: So the purchase then you're tell -- Mr. Torre: You're speaking of PH 2, correct? Chair Gort: Yes. Mr. Torre: Yes. Vice Chair Hardemon: PH.1 is the purchase from the State. Mr. Torre: Correct. And PH 2 is the conveyance to BBC [sic] from the City. Vice Chair Hardemon: So let me -- 'cause I want to make sense. 'Cause I don't know if everyone sees it the way that I see it. Maybe they don't. Maybe I'm seeing it incorrectly. We had money donated to us. We use -- and so, in this -- what is it, RE.7? RE.7, we have money donated to us. PH.1, we go to the State and we say, "We want to buy your property." We buy that property. Mr. Torre: Correct. Vice Chair Hardemon: Now the property belongs to us. City of Miami Page 56 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Mr. Torre: Correct. Vice Chair Hardemon: Right? The money is gone. Mr. Torre: Correct. Vice Chair Hardemon: Right? We gave them the money. And now, on the conveyance, in the ordinance, it says that there is a cost, there is a price; there's a dollar amount attached to it. Mr. Torre: Correct. Vice Chair Hardemon: So will we be receiving that dollar amount? Mr. Torre: Commissioner, no, we will not. As Spencer mentioned there's a clarification that the funds received in RE. 7 were being used for PH 2. I can see what you're saying, but it's not -- we will not be getting an additional $4 million. Spencer -- Mr. Crowley stipulated that the donation of 4,165, 000 would be used for this purchase. Vice Chair Hardemon: So it's not a donation. Mr. Torre: It is a donation, Commissioner, a donation that those funds that are being donated are being used to defray the cost to acquire the property under PH.2, to sell the -- for them to acquire the property -- excuse me -- under PH.2. Mr. Crowley: And ifI may, Commissioner? Vice Chair Hardemon: Yes. Mr. Crowley: The reason it's structured this way is because the City doesn't currently have the funds to close with the State, and so we needed to first get the money in the City's hands through the donation so that the City can close with the State. And once the City owns the property, then we can have the conveyance to Swire, which allows Swire to do the improvement. So the donation is a credit against the purchase price, and it's done that way because we needed to get the funds to the City up front so that they could purchase the property. We tried to say, "Does the City have $4.7 million? They can just buy it and we'll pay you back, " and that didn't work, and so that's the way it's -- that's why it's structured this way. So the net effect, of course, is that the City isn't using any of its funds to pay for this. These are all funds that are derived from payments that Swire is either giving the City through the $4. 165 million or through the easement fees that Swire's paying the City. Chair Gort: The answer in PH.2 is committing back to you, because you're going to be in charge of developing the area and finance the development of that area; am I correct? Mr. Crowley: We're -- yes, we're responsible -- Chair Gort: Okay. Mr. Crowley: -- for construction and development. Vice Chair Hardemon: 'Cause Swire can't develop City property? I didn't hear you, I'm sorry. Chair Gort: That's the City -- Daniel J. Alfonso (City Manager): They're building a transportation facility in that land. I City of Miami Page 57 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 RE.8 14-00300 Department of Capital Improvements Program mean, they're building the traffic circles. Alice Bravo (Deputy City Manager/Chief of Infrastructure): And when the construction of the traffic circle's complete, all that -- Chair Gort: Excuse me. You are? Ms. Bravo: Alice Bravo, Deputy City Manager. Chair Gort: Thank you. Ms. Bravo: At the completion of the construction of the traffic circle, that land -- because South Miami Avenue is a County road, the land will be dedicated, in essence, as a public right-of-way improvement -- Mr. Crowley: Correct. Ms. Bravo: -- to the County. Chair Gort: Any further questions? Okay, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CAPITAL IMPROVEMENTS APPROPRIATIONS RESOLUTION NO. 14-0158, ADOPTED APRIL 24, 2014 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 14-00300 Summary Form.pdf 14-00300 Legislation.pdf 14-00300 Exhibit - SUB.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-14-0203 Chair Gort: Are we ready for -- Unidentified Speaker: Yes, sir. Chair Gort: -- ER.8 [sic]. Commissioner Carollo: Sure. You want to do RE.8? Go ahead let's do RE.8. Chair Gort: RE.8. Commissioner Carollo: 171 go a step further, if you don't mind I make a motion to move RE.8 with one amendment, which is removing item number 22, which is a District 3 item. City of Miami Page 58 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Chair Gort: Okay. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Be back at 3 o'clock. RE.9 RESOLUTION 14-00375 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE Management and MID -YEAR BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014 Budget AND INCLUDING ASSOCIATED CAPITAL ACCOUNT CODES TO EXPEDITE SUCH PURCHASES; AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $1.040 MILLION FOR THE PURCHASE OF FOUR (4) FIRE -RESCUE VEHICLES, $500,000.00 FOR THE PURCHASE OF POLICE PATROL CARS, $500,000.00 FOR THE PURCHASE OF GENERAL VEHICLES FOR THE GENERAL SERVICES ADMINISTRATION, $70,000.00 FOR CONSULTING SERVICES ASSOCIATED WITH THE ACQUISITION OF A NEW CITY OF MIAMI ("CITY") WIDE EMERGENCY RADIO SYSTEM, AND $175,000.00 ASSOCIATED WITH ATTORNEY'S FEES FOR REPRESENTATION OF THE CITY IN THE MODIFICATION PROCEEDINGS BROUGHT IN THE CASE OF MICHAEL POTTINGER, ET. AL. VS. CITY OF MIAMI. 14-00375 Summary Form.pdf 14-00375 Legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-14-0204 Chair Gort: RE.4. Vice Chair Hardemon: I think that's -- Daniel J. Alfonso (City Manager): RE.4 is for 2: 30 p.m., so we're going to RE. 7. No? Commissioner Carollo: No. Mr. Alfonso: That's -- RE.8, and RE.9 has to be before 8. Chair Gort: I'm sorry. Alice Bravo (Deputy City Manager/Chief of Infrastructure): RE.9. Christopher Rose (Director, Office of Management & Budget): Good morning, Commissioners. City of Miami Page 59 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Chair Gort: Good morning. Mr. Rose: Chris Rose, Office of Management & Budget. Item RE.9 is in response to direction from the Commission at the April 10 mid -year budget amendment item. We're bringing back additional funding -- additional revenues to fund four Fire -Rescue truck purchases; and seeing the need the Administration has also included 500, 000 for the purchase of police vehicles, 500, 000 for the purchase of all-purpose vehicles in the GSA (General Services Administration) Department, 70, 000 for a consultant for the next radio system here in the City, citywide radio system, and lastly, as the Manager read into the record at the last meeting, $175, 000 amendment for the Pottinger case. These total $2, 285, 000. Revenues are coming from higher than expected -- higher than budgeted half -cent sales tax and State revenue sharing accounts. Be happy to take any questions you may have. Chair Gort: Thank you. Questions. Commissioner Carollo: No. Chair Gort: Okeydoke. Thank you. We ask the Administration do we have some capital improvement that we needed to be done, and you guys were asked to search for the funds. Thank you. Vice Chair Hardemon: I have one question. Chair Gort: Yes, sir. Vice Chair Hardemon: The -- and I'm sorry I didn't ask this at the briefing, but it escaped me. Is it $70, 000 for the consultation fees? I'm assuming that this is some type of ratification. Can you explain to me exactly who, what, when? Mr. Rose: No, sir, it's not a ratification. Vice Chair Hardemon: No? Mr. Rose: This is allocating funds for a future procurement of a consultant for the next City radio -- citywide radio system, so no. Vice Chair Hardemon: Do we know how much the citywide radio system will cost? Mr. Rose: It's coming together right now. It's -- I do not have an answer for you. Mr. Alfonso: The estimates -- Commissioner Carollo: It's jaw -dropping, though. Mr. Alfonso: -- are in excess of $15 million. Commissioner Carollo: It's jaw -dropping. And by the way, ifI may add, we need to monitor closely what's happening with the radio system at the County, because they just went to the new system. They've had a lot of issues with it, whether dead zones and so forth, so -- and, yes, it was jaw -dropping when I asked what would be the estimated total amount, and when you're hearing figures of 15 million and so forth, it's jaw -dropping. Mr. Alfonso: Commissioners, which is precisely why we would like to hire some expert help to make sure that whatever we have to do in terms of upgrading our radio system, we have some expertise into the discussion. City of Miami Page 60 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: Will this $70, 000 be a final price? Is this something --? And I'm asking this because, of course, we find ourselves in situations where we have consultants that end up charging us more for their services. So I want to know, of this $70, 000, will it be exclusive to anything that we need that person to do, or is it for certain billable hours, or something of that nature? Mr. Alfonso: Commissioner, at this time it is kind of early in the process. The one thing I can assure you is that if we're going to exceed that number, we will let you know ahead of time. We will not come after the fact and said, "Ooh, it cost 300,000; therefore, I need additional authorization." So any authorization that we will need for expert consultant, if it exceeds the $70, 000, we will be sure to inform this Commission. Vice Chair Hardemon: So -- Mr. Chairman. Thus, the consultant has not been selected just yet and no contract has been negotiated? Mr. Alfonso: No. Vice Chair Hardemon: No one has -- Okay, thank you. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying aye." Todd B. Hannon (City Clerk): Chair, do I have a motion? Vice Chair Hardemon: I move it. Commissioner Carollo: Second. Chair Gort: Moved by -- I thought it was moved already. Sorry. -- Vice Chairman Hardemon; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Rose: Thank you, Commissioners. Commissioner Carollo: Mr. Chairman. Chair Gort: Okay. Yes, sir. Commissioner Carollo: RE.8, can we table this for a little bit? There was some information -- I know my staff asked -- I don't know if they received the answers or not, but I want to verify before we go into RE.8. Chair Gort: Well, we got RE. 7. Mr. Hannon: RE.7 is to be heard this afternoon. Chair Gort: Okay. Where is it? Okay. Commissioner Carollo: And I think we're up to RE.10, and I don't know if Commissioner Suarez City of Miami Page 61 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 RE.10 14-00319 District 4- Commissioner Francis Suarez is ready for it. I think it's Tri-Rail. Chair Gort: Did he had an MPO (Metropolitan Planning Organization) meeting? Is that what he said? Commissioner Carollo: No. He said he wanted a little bit more time to be able to prepare for RE.10, and I'm not sure if he's ready or not. Chair Gort: Commissioner, RE.10. Okay, so we -- you want to table RE.8 for a while? Commissioner Carollo: Yeah. I just want to verify some of the monies that are being allocated for CIP (Capital Improvements Program) projects and so forth. We didn't get -- at least I didn't get the answers. Chair Gort: You're talking about the Capital -- okay. Commissioner Carollo: Yeah. Chair Gort: RE. 7 is taken care of. RE.8 you want to table. RE.9 -- RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE TRI-RAIL COASTAL LINK COMMUTER RAIL SERVICE AND COMMITTING TO DEVELOP A MEANS FOR PROVIDING THE LOCAL SHARE OF FUNDING FOR CAPITAL AND OPERATING COSTS, AS STATED HEREIN; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 14-00319 Back -Up - MOU.pdf 14-00319 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-14-0205 Chair Gort: Commissioner Suarez, you're ready for RE.10? Commissioner Suarez: Yes. Thank you, Mr. Chair. RE.10 is a resolution of the City Commission supporting Tri-Rail. As the Commission's MPO (Metropolitan Planning Organization) representative, I'm tasked by this Commission to advise the Commission on transportation -related items. It's a responsibility that I take very, very seriously. I think we all agree that this is a community that has many, many attributes, and one of its few deficiencies is that it doesn't have a comprehensive true mass transit system, and we're starting to see that change, and I'm hopeful that, in my generation, in my son's generation that that's going to be one of the things that diametrically changes. And I -- we always talk about the City of Miami transforming and becoming a truly international city, and I think this is one of those legs of the stool, one of the major components that will help us really be competitive with all the other major cities in the world, and I think Tri-Rail is one of a variety of different methods and modes that currently exist that we can support as a Commission and support the actions of other MPOs across the State -- Broward and West Palm Beach, and even the Dade County MPO, which is in the process of considering a resolution that's similar to this one. I've reviewed and studied it. I have one modification on Section 2, which I've discussed with the Manager and our Assistant City of Miami Page 62 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 City Manager, and I would've -- I've been really bogged down the last couple of weeks. Had I not been, I would have fixed it in time for -- my apologies, Assistant City Manager -- this agenda. But it just says in Section 2, after "commuter rail service, " it says, "and commence the development and means for providing the local share of funding for capital and operating costs." I'm striking that from the reso. You want me to re -read it, Commissioner? Commissioner Carollo: Yeah, please, 'cause -- Commissioner Suarez: So, it's Section 2, where it says, "The Miami Commission supports the Tri-Rail Coastal Link Commuter Rail Service, " and I'm striking -- I'm deleting and commits the development and means for providing the local share of funding for capital and operating costs, " period I'm deleting that. And that doesn't necessarily mean that we won't, at some point in the future, become a funding partner for this project, and I just don't want it in the resolution right now and make a today's worth (UNINTELLIGIBLE), because we're -- for a million reasons. The first is we're not yet at our financial integrity savings threshold. And, you know, I just think that right now, for what we're trying to accomplish here, which is to show broad support for Tri-Rail and all modes of mass transit, I don't think we have to go quite that far at this particular juncture. So, you know, in the future, we'll have many, many opportunities to talk, you know, nuts and bolts on funding and things of that nature, but I just don't think it's needed in this specific resolution. And I apologize that it wasn't fixed beforehand. Commissioner Carollo: Mr. Chairman. Vice Chair Gort: Thank you. Yes. Commissioner Carollo: I don't know if there's been a motion already. Commissioner Suarez: I'll move it -- Commissioner Carollo: And I'll -- Commissioner Suarez: -- subject to that. Commissioner Carollo: -- second for discussion. Commissioner Suarez: Sure. Chair Gort: It's been moved and it's with amendment. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. And listen, I think I've mentioned up here the needs for transportation on numerous occasions, so I definitely am in support of this. However, just like you, Commissioner Suarez, listen -- and I want to go a couple of steps further of just areas that I saw. That was one of them. Even in the resolution itself I'm reading here, 'A resolution of the Miami City Commission supporting the Tri-Rail Coastal Link Commuter Rail Services, " which I definitely do, but here it says, "and committing to develop" -- Commissioner Suarez: Right. Commissioner Carollo: -- "a means for providing the local share of funding for capital." Victoria Mendez (City Attorney): We would take that out also based on -- Commissioner Suarez: Well, that's what I just struck. City of Miami Page 63 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Ms. Mendez: Right. Commissioner Suarez: That's the language that I just struck. Commissioner Carollo: Okay. Ms. Mendez: Right Commissioner Carollo: I saw it in Section 2, but I'm seeing it here so -- Commissioner Suarez: Oh, oh, you mean you would take it out of the "whereas" clause. Ms. Mendez: In the title. In the Actual title, we would take it out and -- also -- Commissioner Suarez: Got it. Ms. Mendez: -- in -- anywhere in this document that it talks about funding, we now, in the next version, will take it out. Commissioner Carollo: And by the way, I don't mind if it says, "and committing to study a means for providing the local share of funding. " Commissioner Suarez: Right. Commissioner Carollo: But when I it says "committing to develop," I -- Commissioner Suarez: You know what? Commissioner Carollo: -- I don't feel comfortable -- Commissioner Suarez: I think that's a better refinement. 171 be honest with you. I think his refinement is actually a better refinement, because we can -- and he's absolutely right. We can study the possibility -- Commissioner Carollo: Right. Commissioner Suarez: -- of funding it. I just think that it was overly broad. I like his refinement better, actually. Commissioner Carollo: Yeah. 'Cause I would like -- Chair Gort: Okay. Commissioner Carollo: -- to study, but especially when -- I cannot commit to something where I don't know the cost of. And I'll go a step further. I see 50 percent is the federal government, 25 percent is the State, and 25 percent is local. Chair Gort: Local. Commissioner Carollo: But within local, how much of that portion is the County and how much is the municipalities? So I am troubled committing to develop something where I don't know the price tag. So I think if we commit to study a means for providing the local share, I think -- and I'm not -- Commissioner Suarez: I agree. No, no, no. City of Miami Page 64 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Commissioner Carollo: -- an attorney, but -- Commissioner Suarez: I think that refinement is well stated, and it's actually better than just striking the paragraph, because I think -- we don't want to do anything that takes us further away from the bargaining table, and I think, you know, as an MPO representative, you know, what I ask of this Commission is to support, you know, these initiatives, because we want to be part of the discussion. We just -- this week, you know, cut the ribbon or inaugurated or whatever you want to call, you know, the port tunnel, which we had local funding in, and it was, you know, half a percent -- I'm sorry -- it was 5 percent of the total cost, so I'm not saying that that's the particular threshold or the formula, but it's something that at the time we decided was the proper amount of local funding. We get all benefit, by the way, in that particular project, because it's in the City of Miami completely. And so you're right, I think it's something we should study. It's dependent on our resources, and maybe our resources today are not what our resources tomorrow are going to be. So, no, I think that's a good refinement. Commissioner Carollo: And by the way, this, by no means, do I -- am I suggesting that a study should cost a great amount of money or anything. But I think, even studying this even within our, I guess transportation department, you know, we should look at it and maybe even discuss, you know, different funding sources. That's, in itself studying it. I'm not saying that we're going out and looking for -- Commissioner Suarez: Right. Commissioner Carollo: -- you know, a consultant or anything like that. Commissioner Suarez: And I would just say on the MPO side, the MPO does commit money to snicking these issues, so maybe snicking it is reading through the MPO study and saying, "Okay, how does" -- Commissioner Carollo: Absolutely. Commissioner Suarez: -- this jive with what we have in terms of resources, et cetera?" Chair Gort: Okay. Commissioner Carollo: There -- yeah, I want one more area. Chair Gort: Okay. Commissioner Carollo: And again, I just want to make sure it's clear. The last "whereas," in the last "whereas." it stays, and are considering" -- it pretty much says that we already considering several different means of providing this local funding. I don't know that we are, so I would prefer -- Commissioner Suarez: Snicking instead of -- Commissioner Carollo: -- instead of says, "and are considering," "will consider" several different means of providing this local funding. Commissioner Suarez: That's fine with me. Commissioner Carollo: Instead of "are considering." Chair Gort: Okay. Yes, ma'am, you're recognized. City of Miami Page 65 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Alice Bravo (Deputy City Manager/Chief of Infrastructure): Thank you. At this time, you know, Tri-Rail, their team has identified what the capital costs, what they're operating and maintenance costs theoretically would be. They still have to negotiate the cost of operating in this corridor where they don't own the right-of-way. They have to perform a NEPA (National Environmental Policy Act) study that'll take three years through the new Starts program. So there's still a lot of time before any concrete financial decisions are made, and we just want a seat at the table. Commissioner Suarez: Let me just say that modify my motion to incorporate those two refinements. And I want to say one last thing, which is that I reached out to EEC (Florida East Coast) and they were totally in support, you know, because one of the things that I was concerned about was could this be viewed as a competing project with, you know, the Grand Central Station, et cetera, and I was actually surprised because I think sometimes the tendency is why not put the poison pill in there. You know what I mean? I mean, it doesn't cost me anything to just say, "Yeah, I know. We really would prefer that this not happen." And I was very surprised by the reaction that they gave me, which was, "No, this is" -- "we have no issues with it." "You know, please go" -- "move forward," because, obviously, that would be something that we would weigh and consider. Chair Gort: Listen, I think that's smart business. Commissioner Suarez: Absolutely. Chair Gort: I think their cost of the rail is going to come down by letting them use it. Commissioner Suarez: Right. Chair Gort: So it's the same thing with the utility companies, that they'll let you use the poles and the lines because they're going to receive some additional funding. Yes, sir, you're recognized. Vice Chair Hardemon: Thank you very much, Mr. Chairman. I had a request question that refers to Section 4 of the "therefore" clauses. Section 4 basically reads that "The Miami City Commission will not utilize any existing funds for the capital or operating expenses associated with the TRCL (Tri-Rail Coastal Link) service." And when I read this, I thought of different ways that you could define `fund " one being some type of fund as far as a bucket of money, which, to me, if it's read that way, would mean that there would be some type of tax that would be created to pay for it; or `fund " meaning money in and of itself which means that we won't be spending our money that we currently have within our bank accounts to spend it. So what want to know is what that means. Ms. Bravo: Right. Commissioner Suarez: Can I jump in on that question? 'Cause when I read that section in conjunction with the other refinements, I almost feel like it's superfluous, because what does that mean exactly, "any existing funds"? Does that mean that the funds that we have today in our bank as of this, you know -- it's kind of like meaningless, you know. That's just my personal opinion. I think with the refinements that we've made where we're going to study it and where we will consider funding it, I think that may make that superfluous, but if the Commissioners want to keep that in there, that's fine. I don't have a problem deleting it, because at this point, it just doesn't really make sense, which is what you -- I think you're alluding to. I don't know. To me, "any existing funds" means as of what, the passage of this resolution? So, if we acquire a fund tomorrow, then we can use it? But if we acquire a fund yesterday, we can't use it? Ms. Bravo: It's superfluous at this time to have that clause in there. City of Miami Page 66 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Commissioner Suarez: In my opinion. Chair Gort: My understanding is this Commission feels at this time we do not want to commit to any funding, at all. Ms. Bravo: Right. Chair Gort: So anything that commit us to any funding, it should be striken [sic] out. Vice Chair Hardemon: So may I ask for -- Chair Gort: Correct? Vice Chair Hardemon: -- a friendly amendment to strike that? Commissioner Suarez: Yeah, yeah. Vice Chair Hardemon: Thank you. Commissioner Suarez: Absolutely. Ms. Bravo: Okay. Commissioner Suarez: 171 make the motion subject to those modifications. Commissioner Carollo: Accept. Chair Gort: Wait a minute. Let me -- Do we have it all together now? Any other --? Ms. Mendez: Could I just really quickly one second read how everything --? And then, obviously, everything will follow, but just -- Commissioner Suarez: Sure. Ms. Mendez: A resolution of the Miami City Commission supporting the Tri-Rail Coastal Link Commuter Rail Service and committing to stuck the means of providing the local share of funding for capital and operating costs as stated herein. Commissioner Suarez: That's fine. Ms. Mendez: And then I'm going to take out everything that has to do with funding anything at this point. Commissioner Suarez: Well, no, no. Let's just be more -- let's be a little bit more precise. Ms. Mendez: Okay, then I could go through each one. Commissioner Suarez: No, let me just -- Ms. Mendez: I just didn't want to bog you down with it. I could -- Chair Gort: Wait a minute. Wait. Hold it, hold it, hold it, hold it. One at a time, because when attorneys get to start arguing with each other, it takes forever. So, yes, sir, you're recognized. City of Miami Page 67 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Commissioner Suarez: It's going to be very quick. Chair Gort: Okay. Commissioner Suarez: We're putting in the last "whereas" clause -- Commissioner Carollo said -- and "will consider" -- instead of "are considering," "will consider." Then Section 2, we're going to strike from &nd'fhrough the `period" of Section 2. Ms. Mendez: Section 2 will read just like I read you the title. Commissioner Suarez: Correct, that's right. My apologies. You're right. You're absolutely right. And then Section 4 will be stricken completely. Ms. Mendez: Yes, that's -- and I'm sorry I didn't go through all of that because that's how I had considered it based on the -- but, yes, that's exactly what I have as notes. Commissioner Suarez: Perfect. Chair Gort: Thank you. Commissioner Suarez: That wasn't too bad, Commissioner. That wasn't too bad, Mr. Chair. Chair Gort: You want to read the motion? Who's going to read the motion? Ms. Mendez: I just read the resolution, so if there's a motion -- Chair Gort: A resolution. Commissioner Suarez: I move it. Chair Gort: Do it again. Mr. Hannon: We already have a motion and a second on the floor -- Chair Gort: Right. Mr. Hannon: -- and I believe it covers all the amendments. Chair Gort: So it has to be as amended. Does the maker of the motion accepts all the amendments? Commissioner Suarez: Yes. Chair Gort: Does the seconder of the motion accept the amendments? Commissioner Carollo: Yes. Quick discussion. Chair Gort: Yes, sir. Commissioner Carollo: I just want to, you know, mention one more thing. When I first was reading this and the second reason that I was little concerned about the part of committing is -- and I feel remiss ifI don't mention it to my colleagues. Remember, we also have the trolley system that operates very well. It's free of charge right now. Commissioner Suarez: Absolutely. City of Miami Page 68 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Commissioner Carollo: But we have not identified a funding source for after -- I think it's 2017. I'm not sure where we're at now -- right now, so just keep that in mind also. Even though I definitely support, you know, this Tri-Rail, but, you know, we have issues -- funding issues all around, so, you know, we want to take it all in, you know, perspective. Thank you. Chair Gort: Thank you. Let me just make a little comments. I remember when they first organizing the Metrorail. The reason the system was going to be great, because they were going to have a feeding system to the stations. That never took place because they ran out of money. So I want to make sure, whatever we plan together, it really be -- Because transportation is becoming a major problem here in the City of Miami. We have over $5 billion in new construction taking place just within certain areas of the City and, thank God, some of our neighborhood are also expanding. And if you go in traffic today, it takes forever to go from point "A" to point "B. " Now, my understanding is, MPOs thinks that the traffic has to increase before they can make any -- that's what I've been told -- agreement or any expansions or any existing transportation system that we have today, so it's the chicken and the egg once again. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: The MPO has, I think, 22 members, or something like that, or 23 members. I can't remember the exact number. It oftentimes, as many members as it have, lacks quorum, which is kind of funny. It's -- you know, the MPO of Palm Beach and Broward passed this months ago, maybe years ago, so it's -- it behooves me to figure out exactly how the MPO operates. I have an MPO meeting today, so I probably should keep my mouth shut. Ms. Bravo: And the MPO should be planning 20 years in advance for their long range. Commissioner Suarez: Absolutely. Of course. Ms. Bravo: Right. Commissioner Suarez: There you go, it was canceled -- Chair Gort: Okay. Close the -- Commissioner Suarez: -- for no quorum. Chair Gort: Any further discussion? Being none -- Commissioner Suarez: There you go. Chair Gort: -- all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.11 RESOLUTION 14-00476 District 3- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Frank ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE Carollo CITY OF MIAMI, FLORIDA, AS AMENDED, FOR CONSIDERATION AT AN ELECTION TO BE HELD ON AUGUST 26, 2014, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER TO REQUIRE THAT ANY LEASE FOR THE DEVELOPMENT OF City of Miami Page 69 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 IMPROVEMENTS OF CITY OF MIAMI OWNED PROPERTY WHICH HAS BEEN APPROVED BY REFERENDUM SHALL REQUIRE FURTHER REFERENDUM APPROVAL IN THE EVENT THAT THE LEASEHOLD IMPROVEMENTS HAVE NOT BEEN SIGINIFICANTLY COMMENCED WITHIN FOUR (4) YEARS OF THE EFFECTIVE DATE OF THE LEASE. 14-00476 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-1 4-0206 Commissioner Carollo: RE.11, RE.11, no? Chair Gort: RE.11. Let's go. RE.11. We won't have anything for tonight. Commissioner Carollo: Look real quick, Commissioner. Other than Commissioner Hardemon, this is something that 1 brought, you know, before, and pretty much, it was well received; only that there were some concerns about certain areas, like should a hurricane pass by and so forth, which we've addressed. Pretty much, let me explain what I'm trying to solve. I'm trying to solve an issue that we just have dealt with year after year, which is Watson Island, the Flagstone issue, where in 2001, the voters approved this project, but it's been 13 years later, and whether -- there's still -- even though there still are promises, ground still hasn't been broken, so just because you have voter approval, that doesn't give you an unlimited amount of time to do what you promised. Even all of us, term limits aside, once we get elected by the voters, we have a term, and then we have to go to these voters again. So pretty much, in essence, what this resolution does is asking -- okay? -- asking the City Attorney to draft language to put to the voters pretty much stipulating that after "X" number of years -- and we've been talking to the Building Department to see what is reasonable, and actually, we're going beyond reasonable. What is a reasonable amount of time for a developer to actually significantly commence a project or obtain all the permits and actually break ground? If they don't do it by that time, then, you know, I think it's only fair that we go to the voters again and we ask them, `Listen, do you still want this project?" Do we adjust for the minimum guarantee? Because I think we all would agree, the monies of 2001 is not the same amount as the monies now, you know, so -- Chair Gort: I'll go further than that -- yes, sir. Commissioner Suarez: No, I'm going to second it for discussion. Chair Gort: Go ahead. Commissioner Suarez: No, go ahead; go ahead, Mr. Chair. Chair Gort: Okay. Commissioner Suarez: I defer to you. Chair Gort: 171 go further than that. I think if we get the right time limit, if they don't comply with it, that's it. I won't even take it back to the voter. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir, you're recognized. City of Miami Page 70 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Commissioner Suarez: Yeah. Just -- I just have a couple comments. One is, I hope that we can defer RE.12, which is, I believe, the actual amendment, itself because I think from a procedural perspective, I think to keep this as a clean process, we should do, "A," as you're suggesting now; and then do "B" in another meeting. And there's a variety of reasons why it's good to do that, aside from the fact that that's kind of the way it's specified in the Charter, so that's what I would respectfully request. When this came up -- I think it was a couple of years ago -- you know, I think 1 mentioned that 1 would be very willing to work with you, because I thought the idea was a good idea, and I still think it's a good idea. The concern that I had then was financing related. And I've done a little bit of -- I don't want to say "due diligence," but I've talked to some people that are in the banking industry, and I'm less concerned about it today than I was back then. I just thought at the time, it was being rushed. Commissioner Carollo: Understood Commissioner Suarez: And I didn't feel like I had enough time to really vet through that, 'cause I wanted to make sure. It's a Charter amendment, you know, so whenever we amend the Charter, it's got to be well thought through and all that. So I think the idea is well -- I think it's a good idea, and I would like to have RE.11 separated from RE.12 in terms Commission meetings, and I'd still like a little bit more time to look at it, just to make sure that I'm okay with it, but I'm inclined to support it. I just want to be clear. Thank you. Chair Gort: Okay. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Two things. One is, RE.11 is asking the City Attorney to draft language, okay? So we're there, and I can address all the issues that were brought up in the past. Now, the issue that -- and the reason why we brought RE.11 and RE.12 -- and by the way, if you see the discussion item that is currently there, it was the same discussion as last Commission meeting that we never got to, but that was what this discussion item was going to address, this. The reason why I brought RE.11 and RE.12 is because I have not gotten a clear, a clear date on when is the last time that we can vote on an item for it to be in the August election. And I received in writing from the City Clerk that it was no later than June; Friday, June the 6, which is -- this is the last Commission meeting before then. But at the same time, the City Manager verbally told me that he may have had some commitments for a date after, but one thing is in writing; one thing is verbally. We weren't sure, so I said, "You know what? Let me cover our tracks. Let's put it here and at least it'll be within the five-day rules, and then we could discuss it here, " as we're doing. Commissioner Suarez: Yeah, and I understand and I think the tension there is on the one hand, we have these deadlines, which can be somewhat arbitrary, 'cause we've seen them moved around before -- Commissioner Carollo: Exactly. Commissioner Suarez: -- on putting something on a ballot. On the other hand we don't want to rush when we're considering a Charter amendment, so it's hard. And I agree, you know. And I remember when I tried to push a Charter amendment, too, you put it on as a discussion, and we just had -- didn't have a chance to discuss it. So when that happens, which is -- by the way, it brings up a whole 'nother point that if I can make a very, very -- one -minute digression on; just since we're all here and we can only talk about it here is -- in our discussion items, we have a tendency to do them at the end of a meeting when we're all exhausted; many times, we just defer City of Miami Page 71 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 them and just decide not to. And I think a lot of times, they're very, vety important, and they go to the crux of how our government operates. And so I don't know what the answer is, but maybe the answer is to do CRAs (Community Redevelopment Agencies) and discussion items in one separate date; have an additional date, you know, from the two Commission meeting dates or something. We need to think of something, because I just think that right now, having the discussion items as we currently do them, it's just -- it's not working. I mean, we get to a point -- and then I felt bad asking through the, you know, Clerk's Office to schedule my discussion items at a time certain, because, you know, why wouldn't other Commissioners get the right to do the same thing? And that's -- it puts a lot of pressure on the Chairman, also, to try to keep an orderly meeting when you have all these discussion items that are on a time certain, so it's kind of unfair to the Chairman, so I don't know. I think we just -- I think we should talk about that at some point. We should have a discussion item about our discussion items. Commissioner Carollo: No, I agree. And what I've seen is, like I mentioned earlier today, that sometimes our discussion items are towards the end where, listen, we don't have everyone's utmost -- Commissioner Suarez: Attention. Commissioner Carollo: -- attention, so we just defer it to the next Commission meeting and the next Commission meeting, and that's why -- like something like as important as the CIP (Civilian Investigative Panel) Committee Review Panel, I respectfully request all my colleagues, and you all agreed, we should bring it up at the beginning of the meeting. And I think maybe in the future, that's something that, you know, we should do when there's something that's that important. Chair Gort: There's a couple of things I'd like to suggest. I don't know why August is the key month. Now, we all been through elections. I think I've been through eight elections in ten years, so I have the record on that. It's vety difficult when you having a Charter amendment to sell to the public and for the public to understand. If you recall, when we talked about the one, the sea -- what do you call them? -- the -- Victoria Mendez (City Attorney): Submerged lands? Chair Gort: -- submerged land. When we talked about submerged land, people were thinking you could build hotels, you could build buildings in submerged land. That's why I keep asking the question: What is the use for submerged land? And it's for to create piers. At the same time, (UNINTELLIGIBLE) for boat. Well, how many application -- how many agency they have to go through to get an application? So people need to understand that. Whatever amendment we're going to put in here, we going to need time to explain and educate the community to make sure that they vote for the right reason. So that's why sometimes when they want to push it to August, we have vety limited time to push it. And I agree with you, and I'm in support of it. And like I stated before, if they don't comply with the time, remove it; that's it, and that should be part of the contract. Commissioner Carollo: Yeah, Commissioner, 'cause, I mean, in all fairness, what has happened in Watson Island with the whole Flagstone project is unacceptable. I mean, 13 years after the fact -- yes, I understand there's still promises; they're going to break ground in June. But you know what? I continue to hear your promises. And -- but the fact is this: They still have not broken ground, so -- Chair Gort: They better do it by the 2nd. Commissioner Carollo: You know, it really is unacceptable, and we need to do something, and at least, I'm bringing solutions to the table in order to -- you know what? What I'm saying is, City of Miami Page 72 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 bring it to the citizens, bring it to the voters. Let them decide if they think that after -- Commissioner Suarez: Should get an extension. Commissioner Carollo: -- "X" number of years -- Commissioner Suarez: Yeah. Commissioner Carollo: -- you know -- Commissioner Suarez: That's fine. Commissioner Carollo: -- they should have the project, you know? And maybe at that time, we can adjust for the minimum guarantee in today's dollars as opposed to going back to 13 years ago. And obviously, you know that the price of land 13 years ago is a lot different than it is now. Commissioner Suarez: And let me just say, 'cause I think last time, there was a discussion of when the project will be completed, and I think that's also -- that was somewhat of a problem for me because of the financing. I think it's different to say when it starts -- Commissioner Carollo: Exactly. Commissioner Suarez: -- for financing purposes, because construction loans are based on -- they're going to -- the draws start coming -- Commissioner Carollo: Exactly. Commissioner Suarez: -- when the construction begins. That's different than saying when it ends. And I understand that there's probably temptation to want to cap the end, too -- I get it -- but that could stifle -- if you're doing a billion -dollar deal, two -billion -dollar deal, three -billion -dollar deal and a bank is financing it, that's the part that I was worried about, and that's what we were talking about last time. Commissioner Carollo: Commissioner. Chair Gort: Okay. Commissioner Carollo: Commissioner, I don't take your comments for granted. Commissioner Suarez: Yeah, I know. Commissioner Carollo: You know? So when we had this discussion the last time, I've worked on all the different points that you all brought up. I don't take your comments and your discussion points, you know, for granted So I've worked on all those points, and I think, you know, it's pretty solid, you know. And maybe, if we could pass RE.11 now, and then later in the afternoon, we'll talk about the language, and we'll talk if we want to pass that or not, or let's see, I think -- I asked the City Clerk if he could contact the Elections Department to see if we have the, you know, flexibility with the extra two weeks or not, but at least what this says is, "Madam City Attorney, can you draft language?" Commissioner Suarez: Yeah, I know. I don't have a problem with the draft -- with 11. Chair Gort: What you're saying is you want it to be in August; not in November. You want it to be in August; not in November. We have two elections. City of Miami Page 73 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Commissioner Carollo: Right, but right now we're focus -- what happens is, Commissioner, in November, it's going to be a long slate. By the time the electorate gets to this Charter amendment, I mean, it is going to be quite a few elections or sections beforehand. But what I'm saying is this: Right now, RE.11 -- all RE.11 asks is for the City Attorney to draft the ballot language. Chair Gort: Okay. Commissioner Carollo: RE.12, we could take up in the afternoon and see -- by then, we will know if we have time or not. Commissioner Suarez: My preference from -- it's kind -- I almost feel -- I know where you're going with the August/November thing, and I feel the same tension for doing it on the same meeting for a variety of reasons, and I don't want to get into all of them. Commissioner Carollo: We may not have to. Commissioner Suarez: Okay. I just -- I prefer not to. Commissioner Carollo: Understood Commissioner Suarez: Okay. Commissioner Carollo: We may not have to. We may not have to, because our City Clerk may say that the Elections Department says we have till the next Commission meeting to put an item in -- you know, for referendum, so let's take it by steps. Commissioner Suarez: Table it. We'll table it for now. Commissioner Carollo: Yeah. Chair Gort: Yes, ma'am, you're recognized. Commissioner Carollo: But could we pass RE.11 first? Commissioner Suarez: Sure. Commissioner Carollo: And then RE.12 is the one that -- Commissioner Suarez: I second the motion. Chair Gort: Wait a minute. Commissioner Carollo: So I move RE.11. Commissioner Suarez: I second it. Chair Gort: It's been moved and second. Discussion. Yes, ma'am, you're recognized. Alice Bravo (Deputy City Manager/Chief of Infrastructure): Through the Chair. I spoke to Alina Hudak, Deputy Mayor at the County, about a week ago, who supervises the Elections Department, and she did confirm that they have -- Commissioner Suarez: Did she send us an e-mail (electronic City of Miami Page 74 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Ms. Bravo: -- the flexibility. Chair Gort: I understand They also -- Commissioner Suarez: -- to that effect? Chair Gort: -- say they can change it so we can have some other things take place in the -- in August. In August, less people vote also, so that's an argument. Yes, ma'am, you're recognized. Ms. Mendez: And Mr. Chairman, if I may, RE.11 says for the City Attorney's Office to draft referendum language, and I want to be flexible with regard to in -- in the language, it says that the leasehold improvements have not significantly commenced within four years of the effective date of the lease -- just that this Commission gives me a little bit of flexibility with the wording. It won't be exactly that wording, but just, you know, allowing me to draft something very similar to this. Chair Gort: Taking into consideration what's happening right now with the project that was approved by the electorates over here -- Ms. Mendez: Yeah. Chair Gort: -- and it's been how long since the electorate approved it? It's going to be almost a year soon, and they still are not -- Ms. Mendez: Yes. Chair Gort: -- able to do anything because they're still in court. Ms. Mendez: Correct. Chair Gort: Okay? So -- Ms. Mendez: Yes, that takes -- Chair Gort: -- when you put that together, make those considerations. Ms. Mendez: Yes. Commissioner Carollo: We'll address it. Chair Gort: Okay? There's a motion and a second Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: We'll be back at 3 o'clock. Commissioner Carollo: Thank you, Commissioners. Commissioner Suarez: Three you said? Commissioner Carollo: Three. Chair Gort: Three. RE.12 RESOLUTION City of Miami Page 75 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 14-00476a District 3- Commissioner Frank Carollo A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. ; AMENDING SECTION 29-B, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO REQUIRE THATANY LEASE FOR THE DEVELOPMENT OF IMPROVEMENTS OF CITY -OWNED PROPERTY WHICH HAS BEEN APPROVED BY REFERENDUM SHALL REQUIRE FURTHER REFERENDUM APPROVAL IN THE EVENT THAT THE LEASEHOLD IMPROVEMENTS HAVE NOT BEEN SIGNIFICANTLY COMMENCED WITHIN FOUR (4) YEARS OF THE EFFECTIVE DATE OF THE LEASE; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. WILL BE SUBMITTED TO THE ELECTORATE AT THE PRIMARY ELECTION TO BE HELD ON AUGUST 26, 2014; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH PRIMARY ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. 14-00476a Legislation (Version 2).pdf 14-00476a Exhibit.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item RE.12 was deferred to the June 12, 2014 Regular Commission Meeting. Commissioner Carollo: With regard to RE.12, we finally got written notice from the Elections Department that we have until the next Commission meeting, so I think the extra two weeks will, you know, benefit us. Chair Gort: Sure, okay. Commissioner Carollo: And I think all we have is boards and committees. Chair Gort: That's it. Later... Chair Gort: Do we have any other items? Todd B. Hannon (City Clerk): RE.12. Commissioner Carollo: RE.12, if we don't take no action, just rolls over to the next Commission meeting, correct? Chair Gort: Next Commission meeting. City of Miami Page 76 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 BC.1 14-00429 Mr. Hannon: No. If no action is taken, it would roll to the next like meeting, which would be to the second meeting in June. Commissioner Carollo: Okay. Mr. Hannon: So you want to defer it to June 12. Commissioner Carollo: I defer RE.12 to the next Commission meeting in order to be in time for the August election, with the only -- and I'll yield to the City Attorney to make sure that you could do some changes on the language that we're going to work on. Victoria Mendez (City Attorney): Yes, we will. Commissioner Sarnoff. I second. Chair Gort: Motion by Commissioner Carollo; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Any further --? Do I have a motion to adjourn? Commissioner Carollo: Motion to adjourn. Commissioner Sarnoff. Second Chair Gort: Move it. Thank you all and have a good day. Commissioner Carollo: Thank you. RESOLUTION END OF RESOLUTIONS BOARDS AND COMMITTEES Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: Commissioner Carollo of the Bayfront Park Management Trust Commissioner Sarnoff of the Downtown Development Authority Commissioner Hardemon of the Commercial Solid Waste Management Advisory Committee City of Miami Page 77 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Commissioner Suarez of the Midtown Community Redevelopment Agency Commissioner Sarnoff of the Omni Community Redevelopment Agency Commissioner Hardemon of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS VICE CHAIRPERSON: Commissioner Gort of the Midtown Community Redevelopment Agency Commissioner Suarez of the Miami Sports and Exhibition Authority Commissioner Suarez of the Omni Community Redevelopment Agency Commissioner Gort of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS MEMBER: Commissioner Hardemon of the Greater Miami Convention and Visitors Bureau Commissioner Suarez of the Metropolitan Planning Organization (MPO) Commissioner Suarez of the Florida League of Cities Commissioner Gort of the Miami -Dade County League of Cities Commissioner Hardemon of the Miami -Dade County Tourist Development Council Commissioner Carollo of the Miami River Commission 14-00429 Commissioners as Members of Boards CCMemo.pdf 14-00429 History Commissioners as Board Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0213 Chair Gort: Anything else? Commissioner Carollo: I think we have boards left. City of Miami Page 78 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 BC.2 14-00465 Chair Gort: I know. Commissioner Carollo: I mean, I don't know what's the will of this Commission. I say we just nominate all the same chairmans and vice chairmans to all the same boards; that's what 1 would recommend but -- Commissioner Sarnoff. Second Chair Gort: Been moved by Commissioner we maintain the same board members and Commissioners that belong to boards and the same membership that exist now. Commissioner Carollo: Yes. Chair Gort: It's been moved by Commissioner Carollo; second by Commissioner Sarnoff. Any further discussion? Being none, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Okay. Next, boards. Todd B. Hannon (City Clerk): That is going to be deferred until June 12. Chair Gort: Board appointments? Mr. Hannon: B -- no, this is BC.2. The -- your regular board appointments will be at the first of the month. Chair Gort: Okay. Mr. Hannon: This was just BC.2, which is going to be deferred to June 12. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVIL SERVICE BOARD FOR ATERM AS DESIGNATED HEREIN. BU.1 APPOINTEE: NOMINATED BY: Lillie Harris Commission -At -Large 14-00605 Civil Service CCMemo.pdf 14-00605 Civil Service Current_Board_Members.pdf NO ACTION TAKEN END OF BOARDS AND COMMITTEES BUDGET BUDGET DISCUSSION ITEM City of Miami Page 79 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 14-00384 Department of Management and Budget STATUS (SEC.18-542(B) CITY CODE) I. 2013-2014 BUDGET II. PROPOSED 2014-2015 BUDGET 14-00384 Summary Form.pdf DISCUSSED Chair Gort: Okeydoke, PZ 13, 14, 15, 16, 17 have been deferred Francisco Garcia (Director, Planning & Zoning): That's correct, sir. Chair Gort: Next, we have boards. You guys react for boards? Okay, I guess we have to wait until we have one more Commissioner for the boards as I understand, so discussion items. Commissioner Sarnoff. I have -- Chair Gort: We have BU.1, budget. Yes, sir, it's all yours. Christopher Rose (Director): Good afternoon, Commissioners. Thank you. Chris Rose, Office of Management & Budget. We have completed our projections for the month of April, and I'd like to add, the Finance Department -- not my department, but the Finance Department closed the books earlier in the month, and I have seen them in my short tenure with the County -- with the City -- excuse me -- on May 8, so they're really closing them quickly now. The report was e-mailed (electronic) out this past Saturday. I'm sure you've all seen the details in it. We're currently projecting a surplus of 9.9 million at the end of the year in the general fund. This does include the actions in RE.9 earlier today. Some highlights include property taxes being under budget, as we expected, due to the Value Adjustment Board. Building revenues are strong. Intergovernmental revenues, including half cent sales tax and State revenue sharing are going strong. On the expense side, one-time payouts are really quite high this year. We are projecting a $22.5 million one-time payout aggregated, but all departments are under the two and a half percent of the 58 and a third percent that we would expect at this time this year. At the end of the report, there is a discussion of next year's budget. We're still not quite in balance, but that is common this time of year, and that is what my staff is working on while I'm here; we're working to bring revenues and expenses in line with each other. And we'll keep you informed of the budget progress as we get there, and I'll be happy to take any questions that anyone may have. Chair Gort: Could you go over the $22 million payout? Mr. Rose: Sure. Chair Gort: What does that stand for? Mr. Rose: That's the one-time payouts for times when people have retired and they cash out and any other payouts that go -- that's the main, the bulk of it right now, so we do have to -- Chair Gort: The bulk of it. What percentage of this 22 is people that going out? Mr. Rose: I don't know, butt can get back to you, Commissioner. Chair Gort: Okay, thank you. Any questions? Thank you, sir. Mr. Rose: Thank you. Chair Gort: Appreciate it. City of Miami Page 80 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 5:00 P.M. DI.1 14-00424 City Manager's Office END OF BUDGET DISCUSSION ITEM DISCUSSION ITEM TO BE WITHDRAWN BY THE ADMINISTRATION DISCUSSION REGARDING A CHARTER AMENDMENT RELATED TO SECTION 36, CIVIL SERVICE. 14-00424 Summary Form.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item DI.1 was continued to the June 26, 2014 Planning and Zoning Commission Meeting with a time certain designation of 5:00 p.m. END OF DISCUSSION ITEM PART B: PLANNING AND ZONING ITEMS Chair Gort: Okeydoke. I think we have taken care of most of the -- Daniel J. Alfonso (City Manager): I think RE.12 and the budget discussion is the -- unless you want to go to PZ (Planning & Zoning) right now. PZ? Victoria Mendez (City Attorney): Chairman, I'm going to -- Chair Gort: RE.12 is out. The maker of the motion is not here, so we're going to have to wait until gets here. PZ. Commissioner Suarez: I'm going to ask -- Ms. Mendez: Chairman, I'll read the procedures. Chair Gort: Please. Ms. Mendez: We will now begin the Planning & Zoning items. PZ items shall proceed according to Section 7.14 of the Miami Zoning Ordinance, Miami 21 Zoning Ordinance. Before any PZ item is heard, all those wishing to speak will be sworn in by the City Clerk. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Code. Staff will briefly present each item to be heard. The appellant or petitioner will then present their application or request to the City Commission. If the applicant agrees with the staff recommendation and no one from the audience wishes to speak for or against the item, they may also waive their right to an evidentiary hearing. The order of presentation shall be as described in the City Code and Miami 21 Code. Members of the public will be permitted to speak through the Chair for not City of Miami Page 81 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 more than two minutes unless modified by the Chair. The City of Miami requires any person requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commissioners 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. Chair Gort: Thankyou. Mr. Clerk. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If anyone will be speaking on today's Planning & 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 issues. Mr. Hannon: Thank you, Chair. Chair Gort: Thank you. PZ 1. Francisco Garcia: Yes, sir, Mr. Chair. Francisco Garcia, Planning & Zoning director. I'd like to begin by presenting to you the items that are proposed for continuance or deferral. Chair Gort: Okay. Mr. Garcia: There are a number of those, the first one being PZ. 1, which is being proposed for a continuance to the date of -- I'm sorry -- a deferral in this case to the date of June 12. The reason for that, sir, is that the Planning, Zoning & Appeals Board hasn't had a chance to hear it yet, and it must before it comes to you. The next item is item PZ.4. Item PZ.4 is being requested by the applicant for a deferral to September 25. Cecelia Stewart: Sir, I object to the deferral. Chair Gort: Excuse me, excuse me, ma'am. We'll recognize you in a little while. Ms. Stewart: Thank you, sir. Chair Gort: Thankyou. Go ahead Mr. Garcia: Thank you, sir. And items PZ 13 and 14 are requested to be deferred "indefinitely" I think is the technical term, so for a period of six months or thereabouts. Those are PZ.13 and 14, which are at 180 Northeast 50th Street. And lastly, items PZ 15 and 16 for properties at 622 Northeast 80th Street, those are requested to be deferred to the meeting of June 26; rather, in this case, continued to the meeting of June 26. Chair Gort: Thankyou. Ma'am, you're recognized. Ms. Stewart: Yes. Good afternoon to everyone on the dais. Cecelia Stewart, 1899 Northwest 1st Court. I'm here with my neighbors, and I wanted them to be recognized, because we may not have them here on the deferred date, so I want all the neighbors of the Overtown Neighborhood for Environmental Safety to please stand. Chair Gort: Thankyou. Ms. Stewart: And let the record show that we are here and we want to be recognized. Thank City of Miami Page 82 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 you. Chair Gort: Yes, ma'am, you're recognized. And my understanding, this is going to be heard again in June 12. You're welcome to pick up signatures from your neighbors so if they can't come on that day, you can present the -- you signatures. Commissioner, you want --? Vice Chair Hardemon: If I may? Chair Gort: Sure. Vice Chair Hardemon: So I was speaking to the side at the time. From what I understand, there is a motion for deferral on PZ 4? Chair Gort: PZ 1. Vice Chair Hardemon: And 4? Ms. Stewart: And 4. Vice Chair Hardemon: So it's PZ 1 -- Chair Gort: PZ 1 and PZ. 4. Vice Chair Hardemon: -- and PZ 4. And -- Ms. Mendez: I think Francisco can mention them again just for the -- for clarity of the record. Mr. Garcia: I'm happy to, and I will actually add one to the list which I neglected so I'll go through them quickly. I'll read first the PZ item numbers. PZ 1; PZ 4; PZ's 13 and 14, which are companion items; PZ's 15 and 16, which are companion items; and also -- and I left this one out of the previous list -- PZ 17 is also proposed to be deferred. And now I'd like to be a little more specific about the dates. PZ 1 is to June 12; PZ 4 is proposed for a deferral to September 25; PZ's 13 and 14, indefinite deferral for six months; PZ's 15 and 16, also indefinite deferral to six months; and lastly, PZ 17, proposed to be deferred for July 10. Vice Chair Hardemon: Okay. Chair Gort: Thankyou. Vice Chair Hardemon: Thank you. Mr. Garcia: Thankyou. Vice Chair Hardemon: And I would like to say (UNINTELLIGIBLE) this is -- there are not too many opportunities where we have a group of people from the community of Overtown to come on an environmental issue. That's the way it can be characterized because that's the way that it's been presented to me from the members of the community. And I'm not sure of why, and so I would like to just have some explanation of why it was deferred or it is being requested to be deferred from PZ -- on PZ. 4 -- to 9/25. It's a challenge sometimes, and I know -- not that I -- I didn't ask you to come here, but I know that it's a challenge to organize people, and I know that this young lack is a member of the Overtown community who, by herself has organized people together about this issue before this even came about, before this PZ.4 item actually came before this committee. It was an issue that she felt strongly about. So if I could have some -- just explanation of why we need PZ 4 to be deferred so that they have some knowledge of it, and maybe we can either tackle it now or at another time. City of Miami Page 83 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Miguel Diaz de la Portilla: Mr. Chair, if I may. I'm Miguel Diaz de la Portilla. I'm the attorney for the applicant. My address is 200 South Biscayne Boulevard, 36th Floor, Miami, Florida 33131. And this is the first time the item comes up before the City Commission. I repre -- my client, the applicant, and I have been in conversations and in discussions with our immediate neighbors to try to find an amicable resolution to this. They're represented by counsel as well; Mr. Tucker Gibbs and Mr. Javier Fernandez. I was not aware of this group that this young lady is here representing, and so the reason for the request for deferral is -- originally was for us to have an opportunity to continue our very productive conversations that we've been having with our immediate neighbor to the north and some of the folks who had already come out and expressed that they had some interest and concern about the item. Now that we know that there's another group which, before today, was not known to us, then we now have an opportunity to meet with this group as well, and we believe that there is a real good possibility, probability that we'll be here on September 25 all, probably, on the same side. So that's the reason why we're requesting the deferral. It's the first time that the item's come up, like I said. We haven't requested a deferral before on this item, and it's to have an opportunity to explore a settlement. Chair Gort: Thank you. Vice Chair Hardemon: Thank you. Senator, do you mind -- just making sure that she has some contact information for you. That's a very important card you're about to have, by the way. Mr. Diaz de la Portilla: And it would be my pleasure. With the permission of the Chair, I will give a card over to the young lady, and we can be in contact. We'll see if I have one. I have everybody else -- Chair Gort: You can do it afterwards. Vice Chair Hardemon: You can do it another time, right. Chair Gort: Just make sure you get together soon. Okay? Ms. Stewart: Okay. Chair Gort: So my understanding, the reason they asked for a deferral, so they can get together with you and they can come up with some kind of solution. Ms. Stewart: Okay. I just wanted to make sure, because nobody reached out to us. I just went to my neighbors, door to door, grassroots, to get them to come out, and we just wanted to be heard. Chair Gort: Well, you've been heard and you're going to be heard a lot more. Ms. Stewart: Thank you, sir. Chair Gort: Thank you for being here. Thank you all for being here; appreciate it. Ms. Stewart: You're welcome. Chair Gort: Okay, do I have a motion? Commissioner Suarez: So moved. Commissioner Sarnoff. Second Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Any City of Miami Page 84 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. PZ.1 RESOLUTION 13-01416mu A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLE 2, SECTION 2.2.1.1 AND APPENDIX C, SECTION 627.1.3.2 OF THE MIAMI 21 CODE, AS AMENDED, FOR THE HYDE MIDTOWN PROJECT, TO BE LOCATED AT APPROXIMATELY 3401 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 347-FOOT, 32-STORY HIGH MIXED -USE STRUCTURE, TO BE COMPRISED OF APPROXIMATELY 400 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 80 LODGING UNITS, APPROXIMATELY 21,745 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 526 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO BONUSES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01416mu PZAB 06-04-14 Supporting Documents.pdf 13-01416mu Fact Sheet.pdf 13-01416mu Analysis, Maps and PZAB Reso.pdf 13-01416mu Legislation (Version 7).pdf 13-01416mu Application and Supporting Documentation.pdf LOCATION: Approximately 3401 NE 1st Avenue [Commissioner Marc David Sarnoff District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of PRH Midtown 3 LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions* to City Commission on February 19, 2014 by a vote of 11-0. *See supporting documentation. PURPOSE: This will allow the development of the Hyde Midtown project. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ 1 was deferred to the June 12, 2014 Regular Commission Meeting. PZ.2 ORDINANCE Second Reading 14-00056ap AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH City of Miami Page 85 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 11.45 ACRES FOR THE "RANSOM EVERGLADES SCHOOL UPPER CAMPUS SPECIAL AREA PLAN" ("SAP"), AN EDUCATIONAL FACILITY, LOCATED AT APPROXIMATELY 3552, 3575, AND 3695 MAIN HIGHWAY; AND 3171, 3173, 3175, AND 3183 ROYAL ROAD, MIAMI, FLORIDA; THE AMENDMENT PROPOSES: A) ADDING APPROXIMATELY 66,040 GROSS SQUARE FEET OF BUILDING AREA SPLIT AMONG THREE (3) NEW BUILDINGS FORA TOTAL OF 216,451 GROSS SQUARE FEET; B) INCREASING CIVIC SPACE BY 16,338 SQUARE FEET FORA TOTAL OF 141,662 SQUARE FEET; AND C) INCREASING GREEN SPACE BY 10,043 SQUARE FEET FOR A TOTAL OF 151,502 SQUARE FEET; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE UP TO TEN PERCENT (10%) PURSUANT TO ARTICLE 7, SECTION 7.1.2.5.A.28 OF THE MIAMI 21 CODE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00056apAnalysis, Maps, PZAB Reso, & HEPB Reso.pdf 14-00056ap CC Legislation (Version 2).pdf 14-00056ap ExhibitA.pdf 14-00056ap Exhibit C.pdf 14-00056ap Exhibit D.pdf 14-00056ap-Submittal-Amy Huber -Ransom Everglades Special Area Plan.pdf 14-00056ap CC 05-22-14 SR Fact Sheet.pdf 14-00056ap Cover Page and Table of Contents Revised.pdf 14-00056ap Section A Revised.PDF 14-00056ap Section B-E Final Concept Book Revised.pdf 14-00056ap Section F Revised.pdf 14-00056ap Section G Revised.pdf 14-00056ap-Submittal-Caroline Weiss.pdf LOCATION: Approximately 3552, 3575, and 3695 Main Highway; and 3171, 3173, 3175, and 3183 Royal Road [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): John K. Shubin, Esquire, on behalf of Ransom Everglades School, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions* to City Commission on March 19, 2014 by a vote of 11-0. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved with conditions* a Special Certificate of Appropriateness on April 1, 2014 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Ransom Everglades School Upper Campus project. City of Miami Page 86 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13456 Chair Gort: PS.2 [sic]. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. ItemPZ2 andPZ3 are companion items. These are respectively the Special Area Plan proposal for the Ransom Everglades School in Coconut Grove and -- Chair Gort: Go ahead. Mr. Garcia: -- the development agreement for the Ransom Everglades School, as well. These are before you on second reading. The recommendation from your Planning & Zoning staff is for approval with conditions, which is the same recommendation from the Planning, Zoning & Appeals Board. We have had an opportunity to discuss the conditions with the applicant, and they, I believe, are in agreement with them. With that, I defer to the applicants for a presentation. Amy Huber: Good afternoon. Amy Huber with the law firm of Shubin and Bass, 46 Southwest 1st Street, Miami, Florida. I'm here -- joined today by John Shubin. We're also joined by Ellen Melceri, the head of school; Jim Kogel (phonetic); our architect, Carlos Touzet; Joaquin Vargas, our traffic engineer, and various members of the Ransom family. As you know, we were before you April 22 for -- or 24th for a first reading. There have been no changes to our application since that time. We are prepared to make a presentation this afternoon, if you would like to see one; if not, we're available for any questions that you may have. Commissioner Sarnoff. So move. Chair Gort: I think (UNINTELLIGIBLE) -- it's been moved -- Commissioner Suarez: Second. Chair Gort: -- by Commissioner Sarnoff second by Commissioner Suarez. This is a public hearing. Is anyone in the public that would like to address this Commission? Seeing none, hearing none -- Yes, go ahead, ma'am. Caroline Weiss: Good afternoon, Commissioners. My name is Caroline Weiss, and I live at 3187 Royal Road. I have been living there for the past 41 years. I am in opposition for the plan that Ransom Everglade has presented, and I understand this is the second reading. There's a lot of things in the application that need to be done, and they have made their presentation with the City, Planning & Zoning for first reading, second reading; now today; yet, there's a lot of studies that are not completed. Two, the traffic situation on Main Highway, it takes 45 minutes from McFarlane to Royal Road to get there. I also object to the egress and ingress to Royal Road. This is just playing with mirrors, because exiting or dropping off or picking up from Royal Road, you still have to get to Main Highway. Royal Road is a dead end. Also, the noise from Ransom Everglades school is enormous and with complete total disregard. I can understand that, because there is no one else living there, except myself and Ms. McCormack, who's 85 years of age. There is a lot in the agreements that said "to be completed, to be completed" I think anyone coming before the City Commission should have their engineering, their traffic and everything that need to be completed, completed at the time of presentation, and I have found that this is not the case, because it is stipulated that if and when they do go for their permits that these studies will be submitted. Therefore, I am objecting to the second reading for Ransom City of Miami Page 87 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Everglades school. Another thing is if we are getting higher and higher in structure, which is up to 65 feet, this is not an office area, this is not the center of Coconut Grove. This is a residential area. While all the lots there are residential, Ms. McCormack property all along Royal Road is also platted as residential lots of 100 feet-by-100 feet. So therefore, by accessing on Royal Road you are going to eliminate the residential, which will be a tax paying purpose. Ransom Everglades school does not pay any taxes, and so therefore, everyone that have a nonprofit organization feel that they can do whatever they want. Also, 70 percent of all members of Ransom Everglades school does not live in the City of Miami and neither do they vote in the City of Miami. So I think that Commissioners should vote in the interest of the community and not in -- for the big power play that we have here at all times each time that Ransom Everglades comes here. Ransom Everglades entered in an agreement in June of 2010. That development agreement has not been met, neither have been conquered with, so I believe that an applicant of Ransom Everglades school, while it is a big part of the society of Miami, I think we should also care about the taxpayers right in the heart of Coconut Grove. There are residences directly across from Ransom Everglades school. Each one of the houses have paid $75 to put a big sign, "no parking. " The parking is being abused everywhere. At this time, Ransom Everglades is parking and have some contractual relationship with Grove Gardens and other places in the community. While we say that adding 69,000 square feet, we are going to be reducing the parking requirement. I believe that this should not be approved on second reading. While I have an appeal available to me, I will be taking that as one of my options. And at this time, I would like to present to the Clerk all of the applications and all of the approvals that has been made to date. Thank you very much. Chair Gort: Thank you. Anyone else? Anyone else? Showing none, seeing none, we'll close the public hearing. Yes, ma'am. My understanding, staff, some questions have been asked; can you be able to answer those. Mr. Garcia: I apologize, sir. Could you possibly repeat the question? My apologies. Chair Gort: Some statements were made that not all the -- what do you call them? -- all the documents that being presented and the -- they have not complied with the past performance. Mr. Garcia: Right. Yes, I was listening to the testimony proffered by Ms. Weiss. I can certainly assure you that all obligations by Ransom Everglades have been complied with thus far. We have certainly gone above and beyond; we, the Planning & Zoning Department, and I know, firsthand, the applicants have also conducted a thorough outreach program to interact with everyone in the area. Some of the items that have been pointed out regarding the additional flexibility with regards to development on this site are correct; nevertheless, that is perfectly acceptable within the Special Area Plan, and we are recommending approval of those to you. I believe with that, I've addressed all the items that she has brought up. Chair Gort: Thank you, sir. It's an ordinance. Any further discussion? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ 2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. PZ.3 ORDINANCE Second Reading 14-00056da AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENTAGREEMENT, City of Miami Page 88 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN RANSOM EVERGLADES SCHOOL, INC. AND THE CITY OF MIAMI, FLORIDA, RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 11.45 ACRES FOR THE RANSOM EVERGLADES SCHOOL UPPER CAMPUS SPECIAL AREA PLAN ("SAP"), AN EDUCATIONAL FACILITY, LOCATED AT APPROXIMATELY 3552, 3575, AND 3695 MAIN HIGHWAY; AND 3171, 3173, 3175, AND 3183 ROYAL ROAD, MIAMI, FLORIDA, FOR THE PURPOSE OF MASTER PLANNING OF THE UPPER CAMPUS BY A) PROVIDING FOR THE REMOVALAND RENOVATION OF SOME EXISTING STRUCTURES; B) PROVIDING FOR THE ADDITION OF THREE (3) NEW BUILDINGS; C) ALLOWING FOR THE CREATION OF ADDITIONAL GREEN OPEN SPACE; D) PRESERVING THE EXISTING TREE CANOPIES AND HISTORIC BUILDINGS; AND E) DEVELOPING INNOVATIVE LEED CERTIFIED STATE OF THE ART CLASSROOMS, PROMOTING A SUSTAINABLE CAMPUS, AND ANY OTHER USES AUTHORIZED BY THE SAP, PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AND THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00056da CC Legislation (Version 1).pdf 14-00056da ExhibitA.pdf 14-00056da-Submittal-Amy Huber -Ransom Everglades Special Area Plan.pdf 14-00056da CC 05-22-14 SR Fact Sheet.pdf 14-00056da CC 05-22-14-Draft Dev Agmt-SUB.pdf 14-00056da-Submittal-Caroline Weiss.pdf LOCATION: Approximately 3552, 3575, and 3695 Main Highway; and 3171, 3173, 3175, and 3183 Royal Road [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): John K. Shubin, Esquire, on behalf of Ransom Everglades School, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File ID 14-00056ap. PURPOSE: This will allow the development of the "Ransom Everglades School Upper Campus" SAP. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13457 Chair Gort: PZ.3; it's a companion ordinance. Commissioner Sarnoff. So move. City of Miami Page 89 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Commissioner Suarez: Second. Chair Gort: It's been moved by -- who was the mover? Commissioner Sarnoff. Me. Chair Gort: -- Commissioner Sarnoff second by Commissioner Suarez. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Excuse me, Chair. Before I begin the roll call, Mr. Planning Director, is there a substitute for the development agreement for this item? Francisco Garcia (Director, Planning & Zoning): I believe the document is as contained in the record. Barnaby Min (Deputy City Attorney): There was a substitution that was handed out last week. Mr. Hannon: Before the agenda went to print? Mr. Min: After. Mr. Hannon: So then this item will be amended. Mr. Min: Correct. What was attached to the agenda and given to the public had the incorrect development agreement. Mr. Hannon: Okay. And does the maker of the motion accept the amendment? Commissioner Sarnoff. So accepted. Commissioner Suarez: Yes. Chair Gort: Second? Commissioner Suarez: Yes. Mr. Hannon: Roll call on item PZ 3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinances passes on second reading, 5-0. Commissioner Suarez: Mr. Chair, ifI may? Amy Huber: Thank you so much. Chair Gort: Yes, sir, go ahead. Commissioner Suarez: I'm going to let Commissioner Sarnoff substitute for me for the rest of the meeting; so he's subbing in; I'm subbing out. But I just wanted to very quickly before leaving, I think you probably -- I don't know if you know or not, but the Clerk just gave me an e-mail (electronic) saying that we can put the -- on the August ballot the question, so I just was hoping that we could defer that until -- okay, just want to clarify that for the record. Thank you, guys. City of Miami Page 90 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Caroline Weiss: Even though the record has been read, I would like to state that my objection is also for PZ.3. Please note in. Commissioner Suarez: Noted Chair Gort: Yes. Ms. Weiss: Thank you. Chair Gort: Noted. Thank you. PZ.4 RESOLUTION 07-01499ac1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE NORTH/SOUTH AND EAST/WEST ALLEYS LOCATED BETWEEN NORTH MIAMI AVENUE AND NORTHWEST MIAMI COURT FROM NORTHWEST 20TH STREET TO APPROXIMATELY 215 FEET NORTH OF NORTHWEST20TH STREET, MIAMI, FLORIDA. 07-01499ac1 CC 05-22-14 Analysis, Color Maps, Application.pdf 07-01499ac1 CC 05-22-14 Fact Sheet.pdf 07-01499ac1 CC 05-22-14 Legislation.pdf LOCATION: Between N Miami Avenue and NW Miami Court from NW 20th Street to Approximately 215 Feet North of NW 20th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Miguel Diaz de la Portilla, Esquire and Elinette Ruiz, Esquire, on behalf of Southern Waste Systems, Ltd. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT AND STREET COMMITTEE: Recommended approval on February 6, 2014 by a vote of 6-0. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on March 5, 2014 by a vote of 5-2. PURPOSE: The alley closures and unification of the site will enable a modern and clean recycling/processing center to be constructed and reduce the amount of material otherwise deposited in landfills. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.4 was deferred to the September 25, 2014 Planning and Zoning Commission Meeting. PZ.5 ORDINANCE Second Reading 06-010261u 1 City of Miami Page 91 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY ATAPPROXIMATELYA PORTION OF 7000 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-010261u1 Analysis, Maps, PZAB Reso, & Sch. Concurrency.pdf 06-010261u1 Application & Supporting Documents.pdf 06-010261u1 CC Legislation (Version 2).pdf 06-010261u1 Exhibit A.pdf 06-010261u1 CC 05-22-14 SR Fact Sheet.pdf LOCATION: Approximately a Portion of 7000 Biscayne Boulevard [Commissioner Keon Hardemon - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of 7000 Biscayne, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on March 5, 2014 by a vote of 8-0. See companion File ID 06-01026zc1. PURPOSE: This will change the above property from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez 13458 Chair Gort: PZ 5. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ. 5 and PZ. 6 are companion items. They are for the land use change and zoning change, respectively, for a property at 7000 Biscayne Boulevard. The proposal would result in a zoning change of the property from T3-L, which it is presently, to T4-L. The Planning & Zoning Department recommends approval on both items, and the Planning, Zoning & Appeals Board also recommended approval of both items to the City Commission unanimously. There is a covenant that is on the record and that also is attached to this item, and based on that covenant, also recommendation for approval stands. I defer to the applicant for a presentation. Gilberto Pastoriza: Good afternoon, Mr. Chairman, members of the Commission. Gilberto Pastoriza at 2525 Ponce. This is second reading on these items. This Commission approved this on first reading unanimously. I'm here to answer questions. City of Miami Page 92 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Chair Gort: Okay, this is the public hearing. Is anyone in the public would like to address PZ.5 or PZ.6? Seeing none, showing none, close the public hearings. You're recognized, Vice Chairman Hardemon. Vice Chair Hardemon: Thank you very much. This covenant that's been drafted, I'm looking at the -- it's Part 5 of it, where it says: The provision of this instrument may be amended, modified or released by written instrument executed by the then -owners of the property, provided same is also by -- approved by the City Attorney. So basically, from what I read here, it's saying that the property owners and the City Attorney can come to an agreement not to abide by this covenant; is that what I understand? Mr. Garcia: Certainly, the intent is of the covenant will be binding on the land. I will perhaps defer to the City Attorney on the provisions to change the covenant. Barnaby Min (Deputy City Attorney): Correct. The City Attorney's Office will only be approving it for the legal form and correctness; not to the substance. We would obviously defer to the Administration as to the substance of the covenant. Vice Chair Hardemon: So when I read then, "Or released by written instrument executed by the then -owners of the property" -- Mr. Pastoriza: If may, Commissioner, if it gives you more assurance -- Chair Gort: Excuse me. Mr. Pastoriza: I'm -- okay, I'm sorry. Vice Chair Hardemon: So what I would like to see, Mr. Attorney, is a line that makes it very clear that any amendment to this covenant has to be done through the City Commission, and I'll be frank with why I would like that, because, typically, you hear people calling this as a -- I'm trying to find out what their favorite word is -- it's -- Commissioner Sarnoff, you've -- help me out; you've heard this word many, many times. What is it called when commercial facilities or buildings are going into the residential -- they call it a -- Unidentified Speaker: Encroachment. Vice Chair Hardemon: Encroaching, yeah, yeah, yeah. Mr. Pastoriza: The domino effect. Vice Chair Hardemon: Encroaching mind -- yes, yes, yes. Mr. Pastoriza: The domino effect. Vice Chair Hardemon: Encroaching upon -- Commissioner Carollo: That was from a CPA (Certified Public Accountant), not an attorney. Vice Chair Hardemon: But that's the term that I constantly hear, and I want to be sensitive to that, and so I want, when we have covenants that come before us, for them to really have some meaning for my community, because my community will call me out on it, so that's what I'm asking for. Mr. Pastoriza: I have no object -- as a matter of fact, that's what I was going to tell you when City of Miami Page 93 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 you had your questions, to provide you with those assurances. Vice Chair Hardemon: Thank you very much. Mr. Pastoriza: We'll be happy to modify the covenant to say that any modifications and amendment will be before the City Commission at a public hearing. Mr. Min: And if I may just clarify, because I believe the Vice Chair was referring to Paragraph 5 or Section 5. Mr. Pastoriza: It is the amendment, the amendment and modification provision. Mr. Min: No, I understand, but I just want to ensure that we're on the same page, because I believe Section 5 deals solely with the covenant in lieu of unity of title, and -- Mr. Pastoriza: Yes. Mr. Min: -- are we at the position that a restrictive covenant would have to come back to the City Commission, but a covenant in lieu of unity of title does not? Mr. Pastoriza: That covenant, the way that it's written, doesn't have to come back to the City Commission. The Commissioner of district wants to have that assurance. We as the owner and me as the representative of the owner would like to give that assurance to the Commissioner of the district and to this Commission. Therefore, the paragraph that talks about a modification and amendment has to say that the modification and an amendment has to be approved by the City Commission at a public hearing. Chair Gort: Although he doesn't have to come back, he wants to give an assurance that he wants to bring it back to -- Mr. Pastoriza: Yes. Chair Gort: And let me say, from now on, every covenant that comes in front of the City, I think if it need to be amended it should come in front of the Commission, 'cause we are the one responsible. And people need to understand if we decide on a covenant that it's going to be complied with. Mr. Min: Mr. Chair, again, I'm, of course, on the same page as the Commission, but I want to clarify that there is a difference between a restrictive covenant, which should come back to the City Commission, 'cause those are conditions that the property owner is agreeing to and the City Commission is accepting; however, a covenant in lieu of unity of title is not necessarily a restrictive covenant that has conditions that necessarily need to be revisited by the City Commission. Mr. Pastoriza: We will if we have to -- Mr. Min: But if Mr. Pastoriza is conceding on the record -- Mr. Pastoriza: I am -- I -- you know, that's what I want to do. That's what my client wants to do. I understand that. Vice Chair Hardemon: So has it -- from what I understand, Mr. Chairman, he's made himself -- he's put himself in the position where he has placed more restrictions on himself than normal; is that what I hear? City of Miami Page 94 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Mr. Min: Yes, sir. Vice Chair Hardemon: Okay, and that's where we are. Mr. Min: Voluntarily. Vice Chair Hardemon: Thank you very much. So I move that we accept this item with those modifications. Chair Gort: Okay, there's a motion; is there a second? Commissioner Carollo: Second. Mr. Min: And ordinance of the Miami -- Chair Gort: (UNINTELLIGIBLE) and second. It's a public hearing. Is anyone in the public would like to address this issue? Vice Chair Hardemon: I believe we opened and closed it; we already -- Chair Gort: Seeing none, hearing none, close the public hearing. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ 5. Commissioner Savnoff? Commissioner Sarnoff Mr. Pastoriza, this is -- Mr. Pastoriza: Yes, sir. Commissioner Sarnoff -- right by Dogma? Mr. Pastoriza: Yes. Commissioner Sarnoff I'm going to vote "yes" right now, Commissioner Hardemon, but I received some phone calls on this from -- I think it's Jerome Starling, who I think lives right there. Vice Chair Hardemon: About a few houses down. Commissioner Sarnoff Right. And I just think you should be aware of that, too. Vice Chair Hardemon: Okay. Commissioner Sarnoff. All right, so I'll vote ` jyes. " Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Chair Gort? City of Miami Page 95 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Chair Gort: Yes. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.6 ORDINANCE 06-01026zc1 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" SUB -URBAN ZONE -LIMITED TO "T4-L" GENERAL URBAN ZONE -LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY A PORTION OF 7000 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01026zc1 Analysis, Maps, & PZAB Reso.pdf 06-01026zc1 Application & Supporting Documents.pdf 06-01026zc1 CC Legislation (Version 2).pdf 06-01026zc1 Exhibit A.pdf 06-01026zc1 CC 05-22-14 SR Fact Sheet.pdf LOCATION: Approximately a Portion of 7000 Biscayne Boulevard [Commissioner Keon Hardemon - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of 7000 Biscayne, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on March 5, 2014 by a vote of 8-0. See companion File ID 06-01 0261u 1. PURPOSE: This will change the above property from "T3-L" to "T4-L". Item includes a covenant. Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez 13459 Chair Gort: Next. Barnaby Min (Deputy City Attorney): PZ.6 is a companion. Chair Gort: Yes. Do I have a motion? Vice Chair Hardemon: I'm not sure. Chair Gort: It's a companion item. Vice Chair Hardemon: There is -- so move, but it's with -- City of Miami Page 96 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Commissioner Carollo: Second. Vice Chair Hardemon: -- similar modification. Chair Gort: It's been moved by Vice Chairman Sarnoff [sic] -- Mr. Min: An ordinance of the Miami -- Chair Gort: -- Hardemon and Commissioner -- second by Commissioner Carollo. Yes, sir. Francisco Garcia (Director, Planning & Zoning): And may I add that this is the particular item to which the covenant is attached as revised as proffered by the applicant. Chair Gort: Correct. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ 6. Commissioner Sarnoff? Commissioner Sarnoff. Yes, as stated before. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on second reading, 4-0. Chair Gort: Thank you. Gilberto Pastoriza: Thank you. PZ.7 ORDINANCE Second Reading 14-00052Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 230, 234 AND 250 NORTHWEST24TH STREET, MIAMI, FLORIDA, FROM "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 97 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 14-00052Iu Analysis, Maps, PZAB Reso, & Sch. Concurrency.pdf 14-000521u Application & Supporting Documents.pdf 14-000521u CC Legislation (Version 2).pdf 14-000521u Exhibit A.pdf 14-000521u-Submittal-Steven Wernick-letter of support of Wynwood.pdf 14-000521u CC 05-22-14 SR Fact Sheet.pdf LOCATION: Approximately 230, 234 and 250 NW 24th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven J. Wernick, Esquire, on behalf of Wynwood 250, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on March 5, 2014 by a vote of 7-1. See companion File ID 14-00052zc. PURPOSE: This will change the above properties from "Light Industrial" to "General Commercial". Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez 13460 Chair Gort: PZ. 7. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ.7 and PZ 8 are companion items. They are, respectively, for a land use change and a rezoning of properties at approximately 230, 34 and 50 Northwest 24th Street. This is before you on second reading. The effect of this amendment would be to change the zoning of these properties from D I to T6-8-O. The Planning, Zoning & Appeals -- I'm sorry -- the Planning & Zoning Department and the Planning, Zoning & Appeals Board recommend approval to the Commission. There is also a covenant attached to this item; and based on that, the recommendation for approval stands. I will yield to the applicants for a presentation. Chair Gort: Thank you. Yes, sir. Steve Wernick: Steve Wernick, here on behalf of Wynwood 250 LLC (Limited Liability Corporation); address, One Southeast Third Avenue. As Mr. Garcia mentioned, we were here before you on first reading last month, and you approved both the land use amendment and the rezoning. We're here for any questions that you may have. Chair Gort: Okay, thank you. Do I have a motion? Vice Chair Hardemon: Public hearing? Public hearing? Chair Gort: This is a public hearing; it's for both PZ. 7, PZ 8. Is anyone in the public would like to address any one of these issues? Seeing none, hearing none, close the public hearings. Vice Chair Hardemon: I move to approve PZ.7 with modifications. City of Miami Page 98 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Commissioner Carollo: Second. Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Carollo; modifications. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ 7. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.8 ORDINANCE Second Reading 14-00052zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "D1" WORK PLACE DISTRICT ZONE TO "T6-8-O" URBAN CORE ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 230, 234 AND 250 NORTHWEST 24TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00052zcAnalysis, Maps, & PZAB Reso.pdf 14-00052zc Application & Supporting Documents.pdf 14-00052zc CC Legislation (Version 2).pdf 14-00052zc ExhibitA.pdf 14-00052zc-Submittal-Steven Wernick-letter of support of Wynwood.pdf 14-00052zc CC 05-22-14 SR Fact Sheet.pdf LOCATION: Approximately 230, 234 and 250 NW 24th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven J. Wernick, Esquire, on behalf of Wynwood 250, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on March 5, 2014 by a vote of 7-1. See companion File ID 14-000521u. PURPOSE: This will change the above properties from "D1" to "T6-8-O". Item includes a covenant. Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez 13461 Chair Gort: PZ.8; companion item. Do I have a motion? City of Miami Page 99 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Vice Chair Hardemon: I move with modifications. Commissioner Carollo: Second. Chair Gort: Moved by Vice Chairman Hardemon; second by Commissioner Carollo. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ 8. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Chair Gort: Thank you. Steve Wernick: Thank you very much. PZ.9 ORDINANCE Second Reading 14-00055Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 3734, 3736 AND 3750 BIRD ROAD; 3031 SOUTHWEST 37TH COURT; AND 3090 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, FROM "LIGHT INDUSTRIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00055Iu Analysis, Maps, PZAB Reso, & Sch. Concurrency.pdf 14-000551u Application & Supporting Documents.pdf 14-000551u CC Legislation (Version 2).pdf 14-000551u Exhibit A.pdf 14-000551u-Submittal-Ines Marrero-Priegues-TREO Douglas Stations zoning change application.p 14-000551u CC 05-22-14 SR Fact Sheet.pdf LOCATION: Approximately 3734, 3736 and 3750 Bird Road; 3031 SW 37th Court; and 3090 SW 37th Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ines Marrero-Priegues, Esquire, Authorized Legal Representative, on behalf of TREO Douglas Station, LLC, a Florida Limited Liability Company FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on March 5, 2014 by a vote of 8-0. See companion File ID City of Miami Page 100 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 14-00055zc. PURPOSE: This will change the above properties from "Light Industrial" to "Restricted Commercial". Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez 13462 Chair Gort: PZ 9. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ 9 and PZ 10 are companion items. These are, respectively, a land use change and a proposal for rezoning for properties at 3734 and 50 Bird Road, 3031 Southwest 37th Court, and 3090 Southwest 37th Avenue. The proposed changes would have the effect of changing the zoning of the property from D1 light industrial to T6-12-0, which is mixed use high density. The Planning & Zoning Department recommends approval and so does the Planning, Zoning & Appeals Board. This item is before you on second reading, as well. I yield to the applicant for presentation. Chair Gort: Thank you. Yes, ma'am. Ines Marrero-Priegues: Good afternoon, Mr. Chairman, members of the Commission. My name is Ines Marrero, attorney with offices at 701 Brickell Avenue, on behalf of the applicant, Trio Douglas Station, LLC (Limited Liability Corporation). The application before you and the companion, the land use and the zoning application, are here on second reading with recommendations of approval from this Commission on first reading and the Zoning Board, as well as staff and we're here to address any questions. Thank you. Chair Gort: Thank you. Commissioner Sarnoff. So move. Chair Gort: Is anyone in the --? Moved by -- Commissioner Carollo: Second. Chair Gort: -- Commissioner Sarnoff second by Commissioner Carollo. This is a public hearing. Is anyone in the public would like to address these issues? Hearing none, seeing none, the public hearing is closed The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ9. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Ms. Marrero-Priegues: Thank you. PZ.10 ORDINANCE Second Reading City of Miami Page 101 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 14-00055zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "D1" WORK PLACE DISTRICT ZONE TO "T6-12-0" URBAN CORE ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3734, 3736 AND 3750 BIRD ROAD; 3031 SOUTHWEST 37TH COURT; AND 3090 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00055zcAnalysis, Maps, & PZAB Reso.pdf 14-00055zc Application & Supporting Documents.pdf 14-00055zc CC Legislation (Version 2).pdf 14-00055zc ExhibitA.pdf 14-00055zc-Submittal-Ines Marrero-Priegues-TREO Douglas Stations zoning change application.K 14-00055zc CC 05-22-14 SR Fact Sheet.pdf LOCATION: Approximately 3734, 3736 and 3750 Bird Road; 3031 SW 37th Court; and 3090 SW 37th Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ines Marrero-Priegues, Esquire, Authorized Legal Representative, on behalf of TREO Douglas Station, LLC, a Florida Limited Liability Company FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on March 5, 2014 by a vote of 8-0. See companion File ID 14-000551u. PURPOSE: This will change the above properties from "D1" to "T6-12-0". Item does not include a covenant. Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez 13463 Chair Gort: PZ 10. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Before I call the roll, is there a motion? Commissioner Sarnoff So move. Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Sarnoff second by Commissioner Carollo. City of Miami Page 102 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Mr. Hannon: Roll call on item PZ 10. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Ines Marrero-Priegues: Thank you very much. Chair Gort: Thank you. PZ.11 ORDINANCE 12-00941 zt1 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.3 ENTITLED, "DEFINITIONS OF SIGNS", TO ADD, REMOVE AND REPLACE DEFINITIONS FOR SIGN REGULATIONS; AMENDING ARTICLE 4, TABLE 12 ENTITLED, "DESIGN REVIEW CRITERIA"; REMOVING ARTICLE 6, SECTIONS 6.5.1 THROUGH 6.5.3 ENTITLED, "SIGN STANDARDS"; AMENDING ARTICLE 7, SECTION 7.1.2.9 ENTITLED, "SIGN PERMITS" AND SECTION 7.2.9 ENTITLED, "NONCONFORMING SIGNS"; AND ADDING A NEW ARTICLE 10 ENTITLED, "SIGN REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00941zt1 PZAB Reso.pdf 12-00941zt1-Submittal-Peter Ehrlich.pdf 12-00941zt1-PowerPoint Presentation -Planning and Zoning Department pdf.pdf 12-00941zt1 CC 05-22-14 SR Fact Sheet.pdf 12-00941zt1 CC Legislation (Version 8).pdf LOCATION: Citywide APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications* to City Commission on April 3, 2013 by a vote of 6-3. *See supporting documentation. PURPOSE: The proposed regulations will establish new and updated sign regulations in the Zoning Ordinance. It will institute new and revised definitions in Article 1, add review criteria in Article 4, remove most regulations from Article 6, update regulations for nonconforming signs in Article 7, and create new regulations in Article 10. It will also provide a more user-friendly document with clear regulations for each zoning designation as well as additional signage regulations for various circumstances within the built environment and business demands. Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 103 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez 13464 Chair Gort: PZ 12 [sic]. Francisco Garcia (Director, Planning & Zoning): PZ 11, sir? Chair Gort: Come again. Mr. Garcia: PZ 11 ? Chair Gort: Yes. Mr. Garcia: Thank you. Item PZ.11 is before you on second reading. This is the comprehensive sign ordinance for the City of Miami. This item has been reviewed carefully by your Planning & Zoning Department over a period of approximately a year, a year and a half. We had, I think, a healthy conversation about the details of this ordinance on first reading, and as a result, I'd like to briefly point out to you, although we are certainly prepared to make a full presentation, but I'd like to highlight the changes that have been made both at your request and at the request of some of the stakeholders that we've interacted with over the last year and a half. The ordinance before you, as it presently reads, eliminates electronic messaging signs altogether; those are the animated signs that you've heard so much about, but we're happy to answer questions about that. The language for historic signage is reworded so that if any district, neighborhood or specific signs or structures are the beneficiary of a certificate of appropriateness from the Historic & Environmental Preservation Board through a warrant, they would be able to remain as they are and retain their historic status. We also clarified some regulations pertaining to the base of monument signs; that was an item brought by the Commission as well. We have changed in this draft the size of low density residential real estate signs from one square foot to four square feet. By way of reference, one square foot of real estate sign are the ones that you might see in the City of Coral Gables; the four square foot signs, two -by -two, are the ones that you see more typically throughout Miami -Dade County. And last but not least, signs above the height of 50 feet are regulated such as to include hotels as well. There have been other minor typographical changes, but that is the sum and substance of what we've done over the last couple of months to bring the ordinance, we think, in compliance with your wishes. With that, we are happy to go into full presentation or answer any questions you may have. Chair Gort: It's up to this Commission. Commissioner Sarnoff: So moved. Chair Gort: It's been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Peter Ehrlich: Is there a public -- Chair Gort: It's a public hearing. Yes, sir. Mr. Ehrlich: Is there a public hearing, Mr. Chairman? Chair Gort: Yes, sir; you're recognized. City of Miami Page 104 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Mr. Ehrlich: Thank you very much. My name is Peter Ehrlich. My address is 770 Northeast 69th Street, and I'm here regarding this legislation for the new sign code. We at Scenic Miami and other stakeholders have worked very hard with the Planning Department, and we want to thank Commissioner Hardemon, Commissioner Suarez, who is not here right now, for their great comments at the last meeting, talking about LED (light -emitting diode) billboards and distractions that they've been causing people throughout the United States, and we are thankful that the legislation has been improved, based on the comments at first reading, and the electronic message signs have been taken out. Unfortunately, you know, media tower remains in the legislation, but maybe we can work on getting that removed at a later time. And, you know, we thank the Planning Department and Francisco and his staff for meeting with us several times. Thank you very much. Chair Gort: Thank you. Yes, sir. Ken Jett: Ken Jett, 8320 East Dixie Highway, here representing Miami Neighborhoods United; just wanted to say thank you for the modifications to the previous legislation that was being proffered. Thanks. Chair Gort: Okeydoke. Is there anyone else? The public hearing is closed. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ 11. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. PZ.12 ORDINANCE 14-00109zt Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING SECTION 3.15, ENTITLED, "AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS" TO MODIFY REGULATIONS OF ARCHITECTURAL AND DESIGN STANDARDS REQUIREMENTS IN CERTAIN TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00109zt PZAB Reso.pdf 14-00109zt CC Legislation (Version 2).pdf 14-00109zt CC 05-22-14 SR Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on March 5, 2014 by a vote of 7-1. PURPOSE: This will modify regulations of architectural and design standards requirements of the Affordable Housing Special Benefit Program to only allow City of Miami Page 105 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 such development by Warrant. Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez 13465 Chair Gort: PZ 12. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.12 is an amendment to Miami 21 with effect citywide. This is to require that any of the flexibilities afforded affordable housing development, as well as mixed income development, be afforded them only through the warrant process. The warrant process, as you are aware, requires administrative approval and review certainly by your Planning & Zoning Department, and such permits are also appealable to the Planning, Zoning & Appeals Board and subsequently to this body. The Planning & Zoning Department recommends approval, as does the Planning, Zoning & Appeals Board, and we're happy to answer any questions you may have. Chair Gort: Okay. It's a public hearing. Is anyone in the public would like to address the issue, PZ.12? Yes, ma'am, you're recognized. Renita Holmes: Good evening, Chair and Board. My name is Madam Renita Holmes; address, 350 Northeast 4th Street, downtown Miami, Florida; District 5. And I just wanted to express a concern about the affordability, design and architect -- just take a opportunity since I'm here to tell you that some concerns have come in in regards to American with Disability access on affordability; not just in design, but in process, but I know this is about architecture and design, and also about the inclusion of a lot more green in the design, as it seems that most of your affordable buildings are basically concrete; they start looking like public housing stacked up on top of each other. And lastly, as far as the women in the households that basically occupy and qualify for these affordable housing and the public funds that are utilized. Knowing that they are a priority, knowing that they need four or five bedroom, we don't have enough of those larger rooms and we don't have enough for the single persons with disability. So I just wanted to take a special note that there is an insufficient amount. There is an increasing number of complaints about not being able to move into them because you have too many children, but yet these are the new sources that we're seeking as mothers who are now graduating from public housing. Affordable housing should have the adequate number of units available, but it doesn't. And lastly, as an advocate also syncing our affordable housing programs and designs and insightful information with those from the County will help a lot, and I hope that that was considered in the creation of this item. Thank you. Chair Gort: Thank you, ma'am. Is anyone else? Anyone else? Close the public hearing. Todd B. Hannon (City Clerk): Is there a motion, Chair? Vice Chair Hardemon: So move. Chair Gort: Moved by Vice Chairman Hardemon. Commissioner Sarnoff.: Second Chair Gort: Second by Commissioner Sarnoff. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 106 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Mr. Hannon: Roll call on item PZ 12. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. PZ.13 ORDINANCE 13-008651u First Reading 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 OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 180 NORTHEAST 50TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00865Iu Analysis & Color Maps.pdf 13-008651u PZAB Reso.pdf 13-008651u FR/SR Application & Supporting Docs.pdf 13-008651u CC Legislation (Version 3).pdf 13-008651u Exhibit A.pdf 13-008651u CC 05-22-14 FR Fact Sheet.pdf LOCATION: Approximately 180 NE 50th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on October 16, 2013 by a vote of 5-2. See companion File ID 13-00865zc. PURPOSE: This will change the above properties from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial'. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo PZ.14 ORDINANCE First Reading 13-00865zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. City of Miami Page 107 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN ZONE -RESTRICTED TO "T4-L" GENERAL URBAN ZONE -LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 180 NORTHEAST 50TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00865zcAnalysis & Color Maps.pdf 13-00865zc PZAB Reso.pdf 13-00865zc FR/SR Application & Supporting Docs.pdf 13-00865zc CC Legislation (Version 3).pdf 13-00865zc Exhi bit A. pdf 13-00865zc CC 05-22-14 FR Fact Sheet.pdf LOCATION: Approximately 180 NE 50th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications* to City Commission on October 16, 2013 by a vote of 6-1. See companion File ID 13-008651u. *See supporting documentation. PURPOSE: This will change the above property from "T4-R" to "T4-L". Item includes a covenant. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo PZ.15 ORDINANCE First Reading 14-000531u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT APPROXIMATELY 622 NORTHEAST 80TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 108 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 14-00053Iu Analysis, Maps, & PZAB Reso.pdf 14-000531u Application & Supporting Documents.pdf 14-000531u CC Legislation (Version 2).pdf 14-000531u Exhibit A.pdf 14-000531u CC 05-22-14 FR Fact Sheet.pdf LOCATION: Approximately 622 NE 80th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Tony Recio, Esquire, on behalf of Pier Real Estate II, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on March 19, 2014 by a vote of 7-4. See companion File ID 14-00053zc. PURPOSE: This will change the above property from "Medium Density Multi -Family Residential" to "Restricted Commercial'. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo PZ.16 ORDINANCE First Reading 14-00053zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE - RESTRICTED TO "T6-8-O" URBAN CORE ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 622 NORTHEAST 80TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00053zcAnalysis, Maps, & PZAB Reso.pdf 14-00053zc Application & Supporting Documents.pdf 14-00053zc CC Legislation (Version 2).pdf 14-00053zc ExhibitA.pdf 14-00053zc CC 05-22-14 FR Fact Sheet.pdf LOCATION: Approximately 622 NE 80th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Tony Recio, Esquire, on behalf of Pier Real Estate II, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, which failed, constituting a denial to City Commission on March 19, 2014 by a vote of City of Miami Page 109 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 4-7. See companion File ID 14-000531u. PURPOSE: This will change the above property from "T5-R" to "T6-8-O". Item includes a covenant. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo PZ.17 ORDINANCE First Reading 14-00054zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24-0" URBAN CORE ZONE -OPEN TO "T6-36A-O" URBAN CORE ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1410, 1420, 1424, AND 1432 NORTHEAST MIAMI PLACE; 1415, 1421, 1425, 1433, AND 1435 NORTHEAST MIAMI COURT; AND 47, 55, AND 67 NORTHEAST 14TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1410, 1420, 1424, and 1432 NE Miami Place; 1415, 1421, 1425, 1433, and 1435 NE Miami Court; and 47, 55, and 67 NE 14th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of 14th Plaza Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions, which failed, constituting a denial to City Commission on March 5, 2014 by a vote of 3-5. PURPOSE: This will change the above properties from "T6-24-0" to "T6-36A-O". Item does not include a covenant. 14-00054zc Fact Sheet.pdf 14-00054zcAnalysis & Maps.pdf 14-00054zc Application & Supporting Docs.pdf 14-00054zc Legislation (v.2).pdf 14-00054zc ExhibitA.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.17 was deferred to the July 10, 2014 Regular Commission Meeting. END OF PLANNING AND ZONING ITEMS City of Miami Page 110 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 D3.1 14-00439 D3.2 14-00478 MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM DISCUSSION REGARDING CITY -OWNED PROPERTY. 14-00439 E-Mail - Discussion Item.pdf WITHDRAWN Chair Gort: You guys want to take the boards first or discussion items? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: My discussion item, I'm going to withdraw, because it was actually discussing RE.11 that we put in this Commission meeting. It was going to be just a discussion item from the -- Chair Gort: Okay. Commissioner Carollo: -- last Commission meeting we never got to it, so I'm going to withdraw RE (resolution) -- I'm sorry -- discussion -- my second discussion item. DISCUSSION ITEM DISCUSSION REGARDING APPOINTMENTS TO THE C.I.P. REVIEW COMMITTEE. City of Miami Page 111 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 14-00478 E-Mail - Discussion Item.pdf DISCUSSED Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I respectfully request, usually when we do discussion items, it's towards the end of the day and sometimes they're not heard, but there's one discussion item that all it is is a follow-up to what we discussed in the last Commission meeting with regarding to Civilian Investigative Panel. Can we bring that up just to make sure that, you know, we put our names forward? Chair Gort: Sure, no problem. Commissioner Carollo: You know, because what I don't want is that it gets forgotten or it doesn't get heard or it gets in the back burner. Chair Gort: My understanding -- Commissioner Carollo: I think -- Chair Gort: -- we all going to have for the members of the board -- for the special panel we're creating. Commissioner Carollo: Thankyou, Mr. Chairman. Chair Gort: Nominations. Commissioner Carollo. Commissioner Carollo: My nomination will be Chief Clarence Dickson. And let me know, Mr. City Clerk, if you need any of his information. Todd B. Hannon (City Clerk): Yes, sir. Commissioner Carollo: Thankyou. Mr. Hannon: We'll reach out. Chair Gort: Commissioner Hardemon. I mean, Vice Chairman Hardemon. Mr. Hannon: We're good to go with Commissioner Hardemon. Vice Chair Hardemon: You don't have my nomination yet? Mr. Hannon: Yes, sir, we're good to go. Vice Chair Hardemon: Okay, we're good to go. Okay. Commissioner Suarez: Mine is Israel Pzzy'Reyes, Judge Reyes. And I just want to make a disclosure. Judge Reyes is a former police officer. Obviously, the Chief is obviously a former police officer as well. Commissioner Carollo: With the County. Commissioner Suarez: He was in the process of getting recertified to be a reserve officer for the City of Miami, but he is going to put that on hold pending his service on this board, and then City of Miami Page 112 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 we'll reactivate that after the fact. Chair Gort: Okay. Mine will be Lynn Lewis. Mr. Hannon: Thank you, Chair. Chair Gort: All right. Commissioner Carollo: Thank you, Mr. Chairman. And again -- Chair Gort: Let's take up -- Commissioner Carollo: -- that's just an important issue that I didn't want -- Chair Gort: We need a motion to approve all the -- Mr. Hannon: No, sir. Commissioner Carollo: No. Mr. Hannon: No, sir. Chair Gort: No? That's it? Mr. Hannon: We're good to go. Chair Gort: Okay, thank you. Commissioner Carollo: Thank you, Mr. Chairman. Once again, I just didn't want it to get forgotten. Chair Gort: No problem. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 14-00290 DISCUSSION REGARDING SQUATTERS. 14-00290 E-mail - Discussion Item.pdf 14-00290 Back -Up Documents.pdf DISCUSSED Chair Gort: Can we go back to your -- Vice Chair Hardemon: RE.8. Chair Gort: -- item? Yeah, RE.8. Commissioner Carollo: Yeah, let's do RE.8. City of Miami Page 113 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Chair Gort: RE.8. Commissioner Carollo: Actually, no. Give me just a little bit more time; just a little bit more time with RE.8. There's one last item that I want to verify; we're waiting for an e-mail (electronic). Chair Gort: (UNINTELLIGIBLE). Commissioner Carollo: You want to -- Chair Gort: (UNINTELLIGIBLE) I kind of -- Commissioner Carollo: -- do RE.11 ? Chair Gort: RE.11. Daniel J. Alfonso (City Manager): RE.10 and 11. Commissioner Suarez: Mr. Chair. Mr. Alfonso: I'm sorry, 11. Commissioner Suarez: Mr. Chair, I had a discussion item that you had time certain for 11. It's almost 12. It shouldn't take too long. It's just a -- it's a follow-up on a -- Chair Gort: Squatters, yes, sir. Commissioner Suarez: Right. Chair Gort: Go right ahead. Commissioner Suarez: Yeah. And we wanted to just play, for your benefit and the benefit of the Commission, a report, and then I wanted to hear from the Administration as to what actions, if any, they're taken to implement a squatters squad in the City of Miami based on what the County is doing very, very successfully. So -- Chair Gort: Administration. Commissioner Suarez: Start it off. Chair Gort: (UNINTELLIGIBLE) your presentation first? Go ahead Note for the Record: At this time an audio -video presentation was made. Commissioner Suarez: Thank you, Mr. Chair. So -- Chair Gort: Yes, sir. Commissioner Suarez: -- you know, I think we all agree that this is an acute problem in our communities. Like I said, the squatters squad has, I think, in a matter of months resolved about 170 cases, and so that's why I brought it to this -- I mean, we get calls constantly, because not only are they squatting, it's not like -- squatting in and of itself is a problem with the owner. The problem is that when they squat, they create all kinds of havoc in the neighborhood, and that's when we get the calls. City of Miami Page 114 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Chair Gort: Even when they (UNINTELLIGIBLE). Commissioner Suarez: So I just wanted to know if we've gotten -- you know, obviously, I brought this as a discussion item, and I re -brought [sic] it back just to see what the plan of the Administration was. Mr. Alfonso: Commissioner, at this time, the Chief will come up and we can have a discussion about it. Manuel Orosa (Chief of Police): Commissioners, we've been looking at all the legal aspects of it, and IC. from my office and -- that works for actually the City Attorney has been looking into it, and he's here to give you a couple of options, and it's up to the body to decide which way you want to go with it. Commissioner Suarez: Thank you, Chief. Juan Perez: Good morning. IC. Perez, Assistant City Attorney/Police Legal Advisor. There are a couple of options that I wanted to present to see what direction the Commission would like the City to at least investigate further; determine what would be the best course of action. Chair Gort: Speak into the mike, please. Mr. Perez: I'm sorry. The first option would be to strengthen what we have now in our Code, in the Vacant and Abandoned Property Code of -- well, we have the registry, but there really is no enforcement as to whether or not people actually get into those properties and end up squatting or staying there indefinitely. The other option would be to create an additional section to that ordinance where we would have a hearing for the -- it would -- a hearing officer would determine whether or not the person who is squatting actually has any authority to be on that property. That would require a little more investigation. I don't know where the Administration would I guess, plan that investigation to take out of. But the third option would be to have police involved in this investigation, just like the Miami -Dade squatters squad unit. Commissioner Suarez: Yeah. I think my recollection of our discussion -- and thank you for being here; and thank you, Chief, for participating; and thank you, Mr. Manager, as well -- was that one of the things that the squatters squad does is they do title searches to identify who the owner is, number one. They -- once they have identified hopefully contacted the owner, they get the owner to fill out an affidavit which attests or swears under penalty of perjuty that the person who is in their home is not authorized, which, I think, minimizes or pretty much eliminates the liability that there could possibly be if someone is inappropriately evicted. I'm not aware of any lawsuits that have been filed against Dade County -- I don't know if you are -- for anyone claiming that they were falsely evicted or improperly evicted from their home. So I think replicating their model works. I know you had talked about a Coral Gables ordinance, and I'm not sure if that's incorporated into what you're just suggesting right now. Mr. Perez: That would be incorporated in the second option that I presented with regard to an ordinance or establish some hearing where -- Commissioner Suarez: A show cause hearing almost. Mr. Perez: Right. But it would at least have a pre -deprivation type of hearing to determine that the person that's being -- that is alleged to be a squatter is actually a squatter, and not that we'd be taking somebody out through police, through the use of the police force -- Commissioner Suarez: Yeah. City of Miami Page 115 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 Mr. Perez: -- out of that hearing. Commissioner Suarez: I -- my opinion, having been a real estate lawyer and actually having prosecuted evictions in the past, is that, you know, I think with an affidavit and with the police showing up, you have plenty of indicia of trespassing versus someone having a legitimate landlord/tenant dispute; that's my opinion. And I think that the squatters squad has determined -- you know, they were that -- the guinea pig. We didn't have to be the guinea pig, which we're often the guinea pig when it comes to these kinds of issues, so, thankfully, we're not the guinea pig. I think, if you want to create some sort of a hearing process that can be for those really hard -to -resolve cases -- because you talked about, like for example, when there is a -- when the house is owned by an estate, it usually creates a problem, because you can't identify an owner. It's not a bank. It's not -- it's owned by this non -living, you know, situation that -- by the way, some people are not prosecuting their estates. In other words, the estate owns it; the estate of whomever has deceased but the decedents -- I mean -- I'm sorry -- the heirs have not gone through the process of setting up an estate. So I think there are cases where, you know, maybe having a hearing board grapple with some of these issues that are more complicated may make sense and may minimize or eliminated liability to the City. But I think in common cases where the owner is identifiable, where the owner is a person, where the owner is willing to go on and under penalty of perjury, you know, I think that minimizes potential landlord/tenant situations. Mr. Perez: Right. And -- but one of the more complicated issues and why I think some sort of hearing process would benefit the City is that we have a lot of renters fraud going on in the City of Miami where somebody who -- Commissioner Suarez: Right. Mr. Perez: -- purports themselves to be an authorized owner or representative of the owner of a certain property rents it out to somebody, a tenant, so the tenant doesn't actually know that he's trespassing, for example. Commissioner Suarez: Yeah. And the other problem is -- I'm sorry to interrupt you, but the other potential, I think, downside is if you're a landlord -- we don't want landlords to become reliant on this process to evict people, 'cause there's an eviction process. We don't want a landowner to say, "Oh, this lease is no good. I'm willing to swear an affidavit that says that this person doesn't actually live there." And then all of a sudden, you've accelerated the process for the landlord, which I'm sure the landlords appreciate, and instead of having to go through a whole eviction that could take a month, two months, three months, because, trust me, I've done it, you know, you now condense it to a week or two weeks or whatever, and it's really (UNINTELLIGIBLE) used as an eviction process; not as a squatter. So there has to be a little bit of built-in protection there. I don't know, maybe the hearing board is actually what accomplishes that; I don't know. Mr. Chairman, I'm sore for cutting you off. Chair Gort: No. Let me tell you, my frustration is we've been talking about this for years. Commissioner Suarez: Yeah. Chair Gort: Dade County has a process that is working. It's taking care of -- they might not be able to eliminate all of them, but there might be specific cases where we might have to go to court, butt mean, there's an existing process taking place right now; the County is doing it constantly. And let me tell you, these squatters is beginning to be a major problems [sic] in our neighborhood. I get a lot of calls, 'cause criminal activities take place in there; they have parties and so on. So I would like to see the Administration to come back as soon as possible with a plan, 'cause if you recall, about almost a year ago, I talked about I'd like to implement the NET (Neighborhood Enhancement Team) office the way it used to be, at least in my district, where my two NET office, I met with all the individuals, and I tell them, "Come up with a plan and come to City of Miami Page 116 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 me. I don't want to create the plan. I want it to work the way it used to be." I'm still waiting for that plan to come back. So, you know, this going to research and do analysis and all that, how long it's going to take? In the meantime, our neighborhoods are suffering. Commissioner Suarez: Mr. Chair, if I may. I think maybe the solution is that we do take the Coral Gables Code to a certain extent and modify our Code a little bit, but one of the things we can put in is if a landlord, you know, basically lies on an affidavit -- 'cause that's the thing; you're swearing under penalty of petjury, and I don't see an owner trying to bypass the eviction process by swearing under penalty of petjury that this person is not a legitimate tenant. I mean, it's one thing -- that's a pretty -- that's a crime. Victoria Mendez (City Attorney): It's a misdemeanor, actually, to -- Commissioner Suarez: Right. Ms. Mendez: -- swear on an affidavit, and it's an arrestable offense. Commissioner Suarez: Right. So I just want to be clear about that so -- and again, I think the proof is in the pudding. If you have the Dade County that's already gone through the process, as the Chairman has said, has already taken out 170-something people and hasn't been sued and hasn't been -- hasn't had any liability issues, then why don't we just model it on their process and just go. Ms. Mendez: The process, if I may, does not have to be `pick one or the other " I think it's all of them. Pretty much, we need -- our office has already volunteered to look through the title and assist, because I know that the Chief really does not have personnel. He has the police officers, but he doesn't have the personnel to be looking through title. So we have already volunteered that we will assist in that regard and give them the advice that they need in order to continue in their investigation. I think there needs to be a couple things. There needs to be personnel assigned from the Police Department to do this, and maybe NET as well, to be able to do this process, and then our office will help on the legal side, and then we could pick which process we would do, depending on the situation; whether we would go through an expedited special master process; in five days, have a hearing, move forward, or whether we just go to the home, say, "Listen, we understand that you just got here yesterday. You're squatting; you're not supposed to be here. This could potentially lead to arrest. Are you leaving?" You know, so it could be a discussion, they leave on their own; if not, a hearing. Commissioner Suarez: I think what you're hearing from this Commission -- Chair Gort: Let me tell you what I'm willing to do. Any squatters in any property within District 1, you call my office; we'll do the research. We already done it a couple of times, and we got the property owners; it was a bank. We called the bank, and we (UNINTELLIGIBLE) going to say, "If you don't take care of this property within the next 24 hours, we're going to do it, and you're going to have to pay for it." Commissioner Suarez: Let -- Chair Gort: So my office will volunteer. Anything within my district, bring it to me. Commissioner Suarez: Let me just -- I think this is one of those situations where -- and I always give you a hard time about this, Madam City Attorney, so I appreciate the subtlety in what I'm about to ask you. This is one of those situations where the public policies intertwine with the legal, and I'm always giving you a hard time about, you know, giving advice on public policy, but this is one of those situations where what we're looking for as a body is a comprehensive solution, okay? So we're putting that on you, in a sense. We've told you that we recognize the City of Miami Page 117 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 D4.2 14-00367 problem. We've told you that there are other municipalities or other jurisdictions that have solutions that we feel good about. So what we're asking you is to come back to us with the answer, and I know that that's different than what we normally ask. You know, we normally ask you for advice. Now we're asking a little bit of public policy advice, too, because we just have a lot of things going on. So what we want is, we want you guys to talk; the Manager's office, from a resource perspective; the Chiefs office from a policing perspective; the City Attorney's Office from a legal perspective, and come back to us with the solution gift -wrapped. This is the solution; this is what we think. We've looked at all the different municipalities, what everybody's doing, and this is the best solution. So in this particular case, we are asking you, in a sense, for policy advice, because the problem is one that requires a legal solution, and so the policies intertwine with the law. Ms. Mendez: And there's two solutions, and that's what I'm advising in this matter, is that we bring you back the ordinance that you want. We already have the special master process. We could set that up in the next month, you know, two readings, a meeting and a half -- a month and a half, that's done. And then the second requires help from the Manager in that assign the people -- Commissioner Suarez: Right. Ms. Mendez: -- and we'll do our legal part, and we'll -- I mean, we work with both solutions to resolve your issues. Commissioner Suarez: What I'm saying is that's what I was hoping was going to happen today; it obviously didn't, so I must have not been clear. In the last Commission meeting, I was told there was going to be -- we needed more time to work out the solution. So now we need more time to work out the solution. So what I'm asking for is at the next Commission meeting -- if not the next one, it could be the -- two Commission meetings from now -- whenever you guys agree, I want a solution gift -wrapped for us. This is the solution; this is what we're going to (UNINTELLIGIBLE). This is the ordinance we're going to pass. These are the resources that we are going to bear(UNINTELLIGIBLE), and this is when we're going to start doing this, so that all the Commissioners can, from that point forward, like Commissioner -- like the Chair just said -- work through their offices to implement this thing, okay? Ms. Mendez: Yes. Commissioner Suarez: Thank you. Thank you, Mr. Chair. Chair Gort: Okay. Commissioner Carollo: And Mr. Chair. Chair Gort: Yes, sir. Commissioner Carollo: I want to add that this isn't just a County issue. I mean, we have this issue in the City of Miami. I know I had a property in the Roads a couple years back that have occurred, so this is an issue that we need to address. Chair Gort: Thank you. DISCUSSION ITEM DISCUSSION ITEM REGARDING ADOPTED V. CITY MAINTAINED TRAFFIC CIRCLES. City of Miami Page 118 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 D4.3 14-00444 NA.1 14-00513 14-00367 E-Mail - Discussion Item.pdf 14-00367 Back -Up Documents.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING RUBBERIZED SPEED HUMPS. 14-00444 E-Mail - Discussion Item.pdf NO ACTION TAKEN END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM CITY MANAGER DANIEL J. ALFONSO PUBLICLY RECOGNIZED AND WELCOMED STANLEY MOTLEY AS THE NEW DIRECTOR OF PARKS AND RECREATION DEPARTMENT. DISCUSSED Daniel 1 Alfonso (City Manager): Mr. Chair. Chair Gort: Yes. Mr. Alfonso: IfI may, as a point of privilege, since we discussed the GreenLink, which is a park project, I'd like to introduce Mr. Stanley Motley, who is our new Parks director, and just for him to present himself and give yourself [sic] a little bit about him, since this is a green -related item. Chair Gort: Welcome. Stanley Motley (Director, Parks & Recreation): It's nice to be here, and I'd just like to say how fortunate we are to have partners like GreenLink to work with, and I'm proud to be part of the City of Miami, and by way of St. Louis, Kansas City, Atlanta, New York and Tampa, I'm happy to be here. Chair Gort: Well, thank you. Welcome here, and as you can see, you have a large task ahead of you. Mr. Motley: I do and we are the quality of life in the community, we, Parks & Recreation, and we'll make that happen. Chair Gort: Thank you. Mr. Motley: Thank you. City of Miami Page 119 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 NA.2 14-00496 Chair Gort: Thank you. Commissioner Suarez: Got to talk to you about park fees soon. Chair Gort: We'll have meetings with you. Okay, what's -- any other time certain? PH.1. and PH.2. Todd B. Hannon (City Clerk): Chair, we need to take RE. 7 before we address PH.1 and PH 2. RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN Commissioner Marc EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED David Sarnoff IN SECTION 19-7(C)(2) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE FIREWORKS BEING DISPLAYED (FIRED) AT THE WAYNE AND ARLENE CHAPLIN EVENT AT BICENTENNIAL PARK, HELD BETWEEN 11:00 P.M. AND 12:00 A.M. ON SATURDAY, MAY 24, 2014. Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0211 Commissioner Sarnoff I have one -- Chair Gort: You have one? Commissioner Sarnoff -- pocket, if you don't mind? Chair Gort: Sure, go right ahead Commissioner Sarnoff It's a resolution of the City of Miami declaring an exception from prohibition to restrictions contained in Section 19-7(c) (2) of the City Code, as amended, as related to fireworks being displayed, fired at the Wayne and Arlene Chaplin event at the Bicentennial Park, held at 11 p.m. and 12 a.m. on Saturday, May 24, 2014. We ran this by some neighbors and neighborhood associations. They have written that they have no objections to the approximate ten-minute fireworks, so I would make that motion, Mr. Chair. Chair Gort: Okay, there's a motion. Is there a second? Commissioner Carollo: Second. And I just want to verify that -- Chair Gort: Been moved and second Discussion. Commissioner Carollo: Yeah. Just a -- just you want to allow fireworks to take place between 11 p. m. and 12 a.m. on Saturday? Commissioner Sarnoff. Yeah. It should be ten minutes, but it's -- I guess they're giving themselves ample time. Commissioner Carollo: I got you. Okay. City of Miami Page 120 Printed on 6/23/2014 City Commission Meeting Minutes May 22, 2014 ADJOURNMENT Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. The meeting adjourned at 4:13 p.m. City of Miami Page 121 Printed on 6/23/2014