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HomeMy WebLinkAboutCC 2015-01-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 22, 2015 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 January 22, 2015 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS 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 2/23/2015 City Commission Meeting Minutes January 22, 2015 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 January 2015, 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 9:07 a.m., recessed at 11:12 a.m., reconvened at 3: 01p. m., recessed at 5: 06 p.m., reconvened at 5: 30 p.m., and adjourned at 7: 55 p. m. Note for the Record: Commissioner Sarnoff entered the Commission chamber at 9:10 a.m., Vice Chair Hardemon entered the Commission chamber at 9:18 a.m., Commissioner Suarez entered the Commission chamber at 9: 27 a.m. and Commissioner Carollo entered the Commission chamber at 3: 57 p.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: (INAUDIBLE) January 22 meeting of the City ofMiami Commission at these historic chambers. The members of the City Commission are Frank Carollo; Francis Suarez; Marc Sarnoff; Vice Chairman Keon Hardemon; and myself Chairman Wifredo "Willy" Gort. Also on the dais you have Daniel Alfonso, 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 Mr. Manager, you do the pledge. Invocation and pledge of allegiance delivered. Chair Gort: Thank you. PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 15-00037 Honoree Presenter Protocol Item Maria Isabel Reyes Mayor Certificate of Appreciation United Way Employee United Way Certificates Campaign Recognition 15-00037 Protocol Item.pdf PRESENTED 1) Mayor Regalado presented a Certificate of Appreciation to Maria Isabel Reyes recognizing her thirty-four years of service and dedication as a career employee and applauding her use of City ofMiami Page 3 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 critical skills and knowledge in service to the people of Miami; furthermore paying tribute to her commitment to public service and wishing her continued success. 2) The United Way presented awards to the Department of Fire Rescue for the most payroll deductions and Gaty Perkins - Fire Rescue Ambassador; NET Administration for the Special Events Fundraising and Madelin Pacheco - NET Ambassador; Office of the City Clerk for the Special Events Fundraising and Joyce Jones - City Clerk Ambassador; and Mary Leckband - City of Miami Campaign Manager in recognition of their efforts with the 2014 City of Miami Employee Campaign, thanking them for creating a more educated, prosperous and healthy community and changing lives together in Miami -Dade. Chair Gort: At this time we'll have some presentations. Mr. Mayor, you're recognized. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez MAYORAL VETOES ORDER OF THE DAY Chair Gort: Well, that's it. Daniel J. Alfonso (City Manager): That's it. PZ (Planning & Zoning) -- Chair Gort: No, wait a minute. I need a motion on the minutes. Commissioner Sarnoff. So moved. Chair Gort: It's been moved by Commissioner Sarnoff second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: Mr. Clerk, do we have any Mayor's veto? Todd B. Hannon (City Clerk): There are no mayoral vetoes, sir. Chair Gort: And we'll wait for the minutes, when we have a quorum. Chair Gort: Madam Attorney, will you go over the procedure? Victoria Mendez (City Attorney): Yes, Chairman. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section City of Miami Page 4 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 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 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. No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aides 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 end either 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 Chair Gort: Thank you. Later... Chair Gort: As soon as we get a quorum -- I need four more Commissioners so we can get going. In the meantime, any announcement you want to make, Mr. Manager? Daniel 1 Alfonso (City Manager): Well, the only announcements I have at this time, Mr. Chair, are what items are to be deferred, but we might as well just wait because -- Chair Gort: Well, I'd like to do them. Mr. Alfonso: Okay, we are requesting to continue PH.2 to the second meeting in Februaty and Chair Gort: PH.2. Mr. Alfonso: PH.2, yes, sir, and DI3, also to be continued to the second meeting in February. Chair Gort: We have quorum. Any of the Commissioners would like to pull any of the items? Commissioner Sarnoff.. I do, Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff.. I'm looking for the submerged land lease. Ms. Mendez: RE.5. Commissioner Sarnoff.. RE. 5, thank you. Yeah, I'd like to pull that and have that brought back to the next Commission meeting. Chair Gort: The next Commission meeting, okay. City of Miami Page 5 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Vice Chair Hardemon: Is -- and I just want to know from Administration, is it time sensitive? Is it some --? Mr. Manager? Mr. Alfonso: Yes, Commissioner. Vice Chair Hardemon: RE.5, is that a time -sensitive measure? Mr. Alfonso: Commissioners, RE.5, as I have been told, has some sensitivity of time, yes. Vice Chair Hardemon: So much so that it won't survive a deferral to the next meeting or --? Mr. Alfonso: Well, I think, if you look at RE. 5, the item itself is simply the City of Miami renewing a bay bottom lease with the State of Florida. The reason -- that in itself would not necessarily be a time sensitive item. The issue of the time sensitivity is related to other matters related to the possible transfer of the property, but that has nothing to do with that item, specifically. Ms. Mendez: But at this time, the submerged lands lease is expired. If there is anything attached to this that this Commission would like to come before the City Commission in order for at least this to go forward, that is also a possibility, but right now we have an expired submerged lands lease. Mr. Alfonso: That is correct. Chair Gort: Any particular reason? Commissioner Sarnoff.: Excuse me? Chair Gort: Any particular reason why you'd like to pull it? Commissioner Sarnoff.: Yeah. It's part of a larger issue that I think has not been vetted, that due diligence has not been done by the City. It has been the courtesies of the Chair and the courtesies of this Commission when a Commissioner does not feel like he is properly briefed, to allow him to be properly briefed. I can assure my colleagues up here, I've done everything in my power to be properly briefed; however, the City Attorney's Office is not in a position to properly brief me, and I think I've correctly stated that. Ms. Mendez: There are issues with regard to an attached item to this one that requires more review by the City and our office. That's why I proposed the -- maybe splitting of this item and bringing the other item back, which is the one that requires a lot more review by our office. Chair Gort: Commissioner, the only reason I ask -- and we know we always give the privilege to the Commissioner who wants to pull something; it's automatically pulled That's no problem. I just wanted to -- Commissioner Sarnoff.. Yeah, and I -- Chair Gort: -- make sure that we -- that whatever is happening that you have a problem with, it should be taken care of for next meeting. Commissioner Sarnoff.. And I don't -- it may be able to. There's a lot of work to be done, Mr. Chair. I want you to know this was not a scheduling issue on my part. I made myself available to your office all day yesterday. Is that fair? Ms. Mendez: Yes. It's information that, unfortunately, has not trickled down. City of Miami Page 6 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: (UNINTELLIGIBLE). Ms. Mendez: So it's nothing having to do with Commissioner availability or anything like that. Chair Gort: RE. 5, PH.2, and D1.3 [sic]. Commissioner Sarnoff. So move. Chair Gort: It's been moved. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Been moved and second Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. City of Miami Page 7 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 CONSENT AGENDA CA.1 RESOLUTION 14-01274 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Procurement RECEIVED OCTOBER 29, 2014, PURSUANT TO INVITATION FOR BID NO. 371327, FROM AUSTIN'S DIVING CENTER, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF SCUBA DIVING EQUIPMENT, ACCESSORIES, REPAIRS, AND MAINTENANCE, ONA CITYWIDE, AS NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE ADDITION OF SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI. 14-01274 Summary Form.pdf 14-01274 Bid Tabulation.pdf 14-01274 Corporate Detail.pdf 14-01274 Invitation for Bid.pdf 14-01274 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0019 CA.2 RESOLUTION 14-01293 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO Procurement SECTION 18-112 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, APPROVING THE CONTINUED USAGE OF THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE PROVISION OF EMPLOYEE BACKGROUND SCREENING SERVICES, ON A CITYWIDE, AS NEEDED BASIS, AS REQUIRED BY CHAPTER 119 AND SECTIONS 943.053 AND 435.08, FLORIDA STATUTES; APPROVING TOTAL EXPENDITURES OF APPROXIMATELY $61,325.00 FOR THE PROVISION OF SAID SERVICES SINCE 2008, AND APPROVING ESTIMATED FUTURE ANNUAL EXPENDITURES OF $14,000.00 FOR CONTINUED PROVISION OF THE SAME; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-01293 Summary Form.pdf 14-01293 Back -Up Documents.pdf 14-01293 Legislation.pdf City of Miami Page 8 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 CA.3 14-01297 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0020 RESOLUTION Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Management AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND NMMA BOAT SHOWS, INC., FOR THE USE OF DOCKAGE SPACE AT MIAMARINAAT BAYSIDE FOR THE PRESENTATION OF THE "STRICTLY SAIL MIAMI" VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW, COMMENCING FEBRUARY 6, 2015 THROUGH FEBRUARY 18, 2015, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 14-01297 Summary Form.pdf 14-01297 Legislation.pdf 14-01297 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0021 CA.4 RESOLUTION 14-00698 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A Attorney PAYMENT IN THE AMOUNT OF $10,923.93 TO LUIS CABRERA, FOR THE REIMBURSEMENT OF ATTORNEY'S FEES AND COSTS RELATING TO MIAMI-DADE COMMISSION ON ETHICS AND PUBLIC TRUST COMPLAINT NO. C 13-29; ALLOCATING FUNDS FROM THE NON DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. 14-00698 Memo - City Attorney.pdf 14-00698 Memo - Budget Sign-off.pdf 14-00698 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0022 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: City of Miami Page 9 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez END OF CONSENT AGENDA Chair Gort: Motion on the consent agenda. Commissioner Sarnoff Hang on one second So move. Vice Chair Hardemon: So move. Chair Gort: Been moved by Commissioner Sarnoff second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PUBLIC HEARINGS PH.1 RESOLUTION 14-01154 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE Works RESTRICTION OF VEHICULAR ACCESS TO FREEMAN STREET AT ITS INTERSECTION WITH TIGERTAIL AVENUE, MIAMI, FLORIDA; SUBJECT TO APPROVAL OF THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR; SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 14-01154 Summary Form.pdf 14-01154 Notice to the Public.pdf 14-01154 Memo - Police Dept.pdf 14-01154 Memo - Fire Dept.pdf 14-01154 Memo - Solid Waste Dept.pdf 14-01154 Map.pdf 14-0115 Legislation (V2).pdf 14-01154-Submittal-Diego N. Zambrano-Signatures of Support.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, 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 R-15-0023 Chair Gort: PR. 1 [sic]. Commissioner Sarnoff PH.1. Chair Gort: PH.1. Eduardo Santamaria: Good morning, Commissioners. Ed Santamaria, director of Public Works. PH.1 is a resolution authorizing and permitting the restriction of vehicular access to Freeman Street at its intersection with Tigertail Avenue; subject to the approval of Miami -Dade County traffic director. Any questions? City of Miami Page 10 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: Yes. I understand that this is a public hearing. Is anyone that would like to address this issue is welcomed to come forward. Anyone who would like to address this issue is welcomed to come forward. Marina Vezzani Sassi: Hi. Good morning. We're the owners of a house right on the corner of Freeman and Tigertail, and we were -- we've been concerned with it. This is actually a five -way kind of a stop sign, so we believe that restriction to vehicular access will give a much more safe -- I mean, four-way stop signs are already a little tricky, and this is like a five -way. There is a bus stop, which is 22 the route -- Chair Gort: I'm sorry And your name and address. Ms. Sassi: Marina Vezzani Sassi. Sony. Chair Gort: Your address. Ms. Sassi: 3150 Freeman Street. Chair Gort: Thankyou. Ms. Sassi: And there is a bus, 20 -- the 20 -- Route 22; it's very busy. There's a school, Ransom Everglades Middle School, which is less than -- more or less, like a block away. There's a lot of cyclists, which actually, I think, was last year, they added a cyclist lane. There's the -- a lot of kids in Coconut Grove, pedestrians, so it's very unsafe. We're right on the corner. We've been seeing people speeding, trying to shortcut; traffic gets really bad, I mean, every day, all the time, but specially during peak hours. And besides all that, once you're at the stop sign, there's no visibility. Once you're on Freeman trying to go to Tigertail, you can't really see 22nd Avenue, so that street is a little bit set back. There's a map where you can see a little bit better. So this is almost -- also a issue. And to go into Freeman Street is also very hard, because you kind of have to go all the way to the stop sign and you pass the street, so you have to go back. So it makes -- very dangerous. So we really feel that by restricting the vehicular access, it's -- you know, it's a better -- we -- it's going to be safer and -- you know, for everybody. Chair Gort: Thank you, ma'am. Ms. Sassi: Thankyou. Chair Gort: Next. Diego Zambrano: Good morning. My name is Diego Zambrano. I'm the husband. Live on 3150 Freeman Street. Just want to say this is pure safety. It's very simple. It's a five -way stop. Drivers, pedestrians, cyclists are used to four-way stops; this is a five -way stops [sic] with seven stop signs. It's very confusing. So we live there. We live right there at the corner, and I can see and hear every day, every single day people fighting, screaming. Not too long ago, around three, four weeks ago, a truck almost hit our fence. You can see the tire marks right there. People try to cut corners. So it's a very simple -- the simplest way of putting this: This is safety. We have children. There's a lot of children in the neighborhood. There's -- as my wife said, there's a school there, so there's a lot of students and a lot of cyclists, too. So just wanted to put that under your consideration. Chair Gort: Thankyou. Mr. Zambrano: Thank you. Chair Gort: Next. City of Miami Page 11 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Norman Duncan: Norman Duncan, 3070 Freeman Street. I don't believe it's been shown that there's a high instance of accidents at this intersection. It will -- closing this street will impact the access by emergency vehicles. I believe that this will also impact most of the neighborhood. The -- I've lived there for a very long time. I don't -- you know, I don't know that there's ever been a fatal accident at that corner. It's a high -volume corner, but it's a four-way -- five -way stop sign situation. I don't see that closing the street is warranted. Chair Gort: Thankyou, sir. Anyone else? Anyone else? Seeing -- Octavio Robles: Good morning, Commissioners. My name is Octavio Robles. I live right at the corner of Freeman Street, 3151 Freeman Street. As my neighbors across the street expressed earlier, we are the ones there seeing it every day how -- when traffic gets backed twice a day, the cars cut through Freeman to get around the intersection. They cut through Lincoln and out Freeman to get around the stop sign at the intersection coming east on 22nd. By blocking that street, we would eliminate that flow, which would make the intersection a lot safer. There won't be cars trying to get in or out at Freeman on Tigertail. This is a -- basically an issue of safety, and I'm for it. Thank you. Chair Gort: Thankyou. Anyone else? Chris Monge: Hi. Chris Monge, 3075 Freeman Street. I've lived there for 20 years. Some time ago my mother had a stroke and the EMS (Emergency Management Services) quickly came to our house, and I do know that if that street were blocked off and the street that runs parallel to it is a one-way street, there would be difficulty getting any EMS trucks in there. I have two children now, one 3 and one 10 months; and, you know, anything can happen with kids. Chair Gort: We heard them. Ms. Monge: You did. Chair Gort: Yeah. Ms. Monge: Okay. Well, I'm a realtor, also. I am in and out of there all day long with the kids, with my business. I have never seen an accident there. I have to say that everybody -- occasionally, you'll have your crazy driver, but normally, everybody is very courteous. And I've never heard of an accident. I'm out either strolling with the baby or driving. And I don't think that this is necessary, at all. Chair Gort: Thank you, ma'am. Anyone else? Anyone else? Hearing none, seeing none, close the public hearing. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. So -- this is obviously in my district, and the director of Public Works and I went out there and walked it on two occasions and carefully looked at this. Because as a general rule, I think it's not a very good idea to restrict access. However, in this circumstance, in this particular circumstance, if you're trying to make a right turn from Freeman onto Tigertail, it's blind You just can't see. It is a five -way stop. It is confusing. We did go out and observe a number of strikes on the fence of the property. I believe it's Marina -- hang on one second. I think it's Marina -- if I'm right -- Susie? Mr. Zambrano: Sassi. City of Miami Page 12 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Sarnoff. Sassi. And it became apparent to me that that was an issue that would be looked at. When we walked around and we saw exactly the traffic patterns, primarily, the persons that would be impacted are shown on this particular handout right here. And I think the Grove being the Grove -- and I'm a Grovite -- we're all -- suspect whenever we close something, especially when the people just to the north of Ms. Sassi have a building that's been under construction for, I think, about 17 years -- and I think they're concerned that, well, if you close that street, then you're going to do away with the street, you're going to abandon the street, and that's not going to happen. All this is, is about creating a modality of safety. You know, unfortunately, yesterday we had somebody killed on Virginia Key, and that's the second time someone's died. I don't think you should wait for a death. I don't think you should wait for a major impact. There have been a series of -- I'm going to call it minor, because it was only property damage impacts, and it's because it's very, very tough to see coming to the right from that particular section. As I said, Mr. Chair, as a general rule, I don't ordinarily support closing of streets, but there are circumstances when it is warranted, and I always believe it's warranted for safety, and I don't think you need a death, or a fatality or a major incident to be your alerting factor as to when that should occur, because I think what happens is you're no longer -- you're just following along as opposed to being proactive and trying to do something that, generally speaking, I would agree with the Grovites, you don't do. And I will say this on the record: I would never support the abandoning of this street. It is not to be an abandoned street. It's simply to be a closed street. I can assure you that from a safety standpoint with regard to EMS, Fire, it's all been looked at and there are many ways of ingress and egress, including the way we close it; if you need to, you can go right through it. So I would move this, Mr. Chair. Chair Gort: Okay, it's been moved. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second. Discussion. I'm going to vote on this item, but afterwards, I want to discuss it, because you mentioned some very important things. You never had a death in there. You never had an accident. I had that problem in some of the areas and nothing's been done. So I'm going to discuss that. Let me ask you a question, food for thought. I use 22 nd Avenue always coming here. I've seen a lot of streets on 17th Avenue -- I mean, the street goes into 22nd Avenue, they made one-way, so people can cannot turn right. I don't know if this will work on this corner or not; just food for suggestion. You have about three or four that people cannot go in and two for people that can go out. Okay, any further discussion? Being none -- seeing none, hearing none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Don't go away, Santamaria. Uh-uh, don't go away. You were not in at the time, but the -- people not using the MDX (Miami -Dade Expressway) and expressway. The City of Miami always becomes a victim, the traffic or development throughout the county. You got -- you have all these people do not want to take the expressway going through -- using Northwest 7th Street, Northwest 11th Street, from 37th Avenue to 42nd Avenue, and that's whole neighborhood has become a problem. Now, we did had a death on Northwest 16th Street, between 37th and 42nd Avenue. It took us -- I think it was about 60-something signatures or more to get one of those bumpers, and it took us about four month for studies. I suggested why don't we create the same thing that we do on 17th and 22nd Avenue and 17th Avenue here in the Grove. Create a one-way street on certain streets so people will not go in through the neighborhoods, but unfortunately, for some reason, that doesn't work in that neighborhood. So I requested for a study. We had some suggestion. But the County, like always -- and I like to follow that up, because we had a death in there. A young lady got killed. Sixteenth Street is used as a drag race, and it's all kinds of traffic from 11th Street and 7 Street, which is very heavy, as you know. So I'd like to really study that again, because people want circles. Circles are very expensive, not only to build them, City of Miami Page 13 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 but also to maintain them. I think the easiest way is to have the traffic study. I think some was done, but it was done by the County and not by us. I'd like to suggest that we put one together and give it to them, like they done in other neighborhoods. Thank you, sir. Yes, sir. Mr. Santamaria: If may, Mr. Chair, I believe that CITP (Capital Improvement & Transportation Projects) is looking at a study for that area and we're working with them on that. Chair Gort: My understanding, beginning about a year ago, they were still working on it. Mr. Santamaria: I will follow up with them, sir. Chair Gort: I appreciate it. Thank you. PH2 has been deferred. PH.2 RESOLUTION 14-01159 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE Works RESTRICTION OF VEHICULAR ACCESS TO THE SOUTHEASTERN END OF CRYSTAL VIEW COURT, LOCATED APPROXIMATELY 800 FEET SOUTHEAST OF ITS INTERSECTION WITH SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN; AND DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED AGENCIES. 14-01159 Summary Form.pdf 14-01159 Notice to the Public.pdf 14-01159 Memo - Police Dept.pdf 14-01159 Memo - Fire Dept.pdf 14-01159 Memo - Solid Waste Dept.pdf 14-01159 Map.pdf 14-01159 Legislation V1.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PH.2 was continued to the February 26, 2015 Planning and Zoning City Commission Meeting. END OF PUBLIC HEARINGS SECOND READING ORDINANCE SR.1 ORDINANCE Second Reading 14-00472 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Procurement 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY AMENDING SECTION 18-89, ENTITLED "CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS," TO MODIFY LOCAL WORKFORCE PARTICIPATION REQUIREMENTS FOR COMPETITIVELY PROCURED CONSTRUCTION CONTRACTS AS PROVIDED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND City of Miami Page 14 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 14-00472 Summary Form SR.pdf 14-00472 Back -Up from Law Dept FR/SR.pdf 14-00472 Legislation SR [V5] - SUB.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, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo 13493 Daniel 1 Alfonso (City Manager): SR.1. Chair Gort: SR.1. Annie Perez: Good morning, Commissioners. Annie Perez, director of Procurement. This is an ordinance amending Chapter 18 of the Code; specifically, a Section 18-89, "Contracts for Public Works or Improvements, " to modify the local workforce participation requirements for competitively procured construction contracts, as amended from first reading. Any questions? Chair Gort: Thank you. I had some of the people in the industry that they believe some of the time is kind of short. I know it's your item, but the 30 days to put together the -- what do you call them? Vice Chair Hardemon: I believe it was the -- it was the 15 -- they had 15 days to get the plan in. I know that in the letter that was sent to me, I believe it was from ABC; they requested three months, which I think is not smart because that puts a burden on the development that we want to move forward. I mean, a three-month waiting period is a very long time to start construction. If the private sector thinks that government is slow now, I mean, wait until you have to wait three months to really get a project moving, so I'm fine with extending it, if it makes sense to the Administration, extending it for 15 more days or so, so that you have a 30-clay waiting period before you get the plan in. I mean, that's perfectly fine, because you want the plan to be something that is -- that we can live with, basically. Ms. Perez: Yes, absolutely. Chair Gort: Also, my understanding is the time to put a job fair together. And the experience that 1 had with previous job fair, you have 1,500 people showing up. You have to screen all those names and interview them and all that. I think we -- and what was it, three months? How long did we give them? Ms. Perez: For the job fair, it's fulfilled within -- let me see. Bear with me just one second. It does not give them a time constraint. Chair Gort: No? Ms. Perez: No; the way it's written in the legislation. Chair Gort: Okay. So you stated on the record there's no -- Mr. Alfonso: Right, there's no time constraint for the job fair; however, there are requirements for participation, so -- Chair Gort: No, I understand. But it has been done -- that has to be done within a certain period. City of Miami Page 15 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Ms. Perez: We can add the language to give them a time frame for -- Chair Gort: And this is first reading so I'll -- Vice Chair Hardemon: Yeah. No. Mr. Alfonso: No. Ms. Perez: This is second reading. Chair Gort: This is -- Mr. Alfonso: This is second reading. Vice Chair Hardemon: You know, I don't remember it being any length of time they needed to put on a job fair. I don't remember seeing that in there. Mr. Alfonso: No. Commissioner Suarez: Mr. Chair? Chair Gort: Yes. Commissioner Suarez: Thank you. Victoria Mendez (City Attorney): There's no time frame listed for when you're supposed to have a job fair in the ordinance. Mr. Alfonso: However, a contract -- Ms. Mendez: I mean, it could be amended here on the floor and add that in. Mr. Alfonso: We could do that. I'm just saying contracts have a time frame for completing the work. Chair Gort: Commissioner Suarez recognized. Commissioner Suarez: Well, go ahead go ahead. I defer. Go ahead Chair Gort: You're recognized. Commissioner Suarez: No, no, go ahead, go ahead Let them -- Chair Gort: All right, go ahead, Mr. Manager. Mr. Alfonso: Mr. Chairman, I was just saying that whenever we enter into an agreement for construction, the contract itself has a time frame by which the contract has to be completed. Chair Gort: Right. Mr. Alfonso: So if they have participation agreements as to employment and whatnot, I mean, it behooves them to have it sooner rather than later. Chair Gort: Right. City of Miami Page 16 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Mr. Alfonso: That's why it really wasn't put on there, but if this -- if it's the will of the Commission to add some time constraint on that as well, we can do that as well. Ms. Perez: Mm-hm. Chair Gort: No. We want to make sure that the -- we hire within the places we want to distinguish to hire, because we've talked about that, the necessity of putting people to work. Mr. Alfonso: Yeah. Chair Gort: At the same time, I think the Administration can help quite a bit if they need to put a job fair. I know in my neighborhood, the NET (Neighborhood Enhancement Team) Office will put it together right away, and I'm sure in all the other neighborhoods will do the same thing so. Mr. Alfonso: We have and we will. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. Yeah, one of the concerns or complaints that you hear oftentimes as a Commissioner is either local workers or local contractors or local business people who complain that, you know, they pay taxes and they want to make sure that the money for the taxes that they pay stays, you know, here, and it's kind of re -injected into the local economy, for obvious reasons. I mean, they don't want to see the taxes that they pay and the money that they work very hard to earn going to outside companies. So I think, you know, things that encourage us, that require us to use local companies and local workers is something that is -- that's going to -- not only is it good for us as a government, because we'll be using people that understand us, understand our city better, but it's -- I think it will meet the objective of trying to stimulate the local economy and really doing what's right at the end of the day. It's really about doing what's right. I mean, these people are paying taxes or -- and we're paying our own taxes and we should receive the benefit of the taxes that we pay. It's that simple. Chair Gort: I think we all agree on that. Yes, sir. Vice Chair Hardemon: When you think about what we're doing here with this legislation and other legislation that will be enacted, I mean, we are seriously combating the poverty that we have in our communities. Commissioner Suarez: Absolutely. Vice Chair Hardemon: We're giving us an opportunity to inject the money in an economy that we need to see prosper within the City of Miami and Miami -Dade County. So the only way that we're going to be able to do it is if we focus on doing those things and require people to participate within building our local economy and giving people in our community an opportunity to earn a meaningful wage and to have the jobs that are required to do things within our community. If we're going to pay taxes and we use our tax money to build projects within our community, then why shouldn't it be our community that's been used to actually build the project? Commissioner Suarez: Exactly. And you know, I couldn't have said it better myself. What we're doing in the initiative when we meet regularly is trying to find different ways -- understanding that what we've dedicated in terms of funds in the one and a quarter million dollars is not going to solve the problem, so these are -- through legislation and through other means and other ways City of Miami Page 17 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 that we can combat the poverty epidemic. Chair Gort: I think we all agreed on that, and that's why we selected certain ZIP (Zone Improvement Project) Code and people should be -- try to go there, and we should work with the individuals that already have training, they're going to continue to train people, which that's very important, that we continue to train. I think -- any -- this is a public hearing. Anyone in the public would like to address this issue? Ms. Mendez: Chairman, if I may just add that there's a revision between first and second reading to change the actual minimum percentage requirements for onsite labor from persons residing in Miami -Dade County. Before, it used to say "City of Miami." So I want to make it clear on the record that it's within Miami -Dade County. Thank you. Chair Gort: Okay. Yes, sir, you're recognized Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am in the streets every day and many people complain to me. I know the City always find me when they bill me for my taxes or solid waste or whatever, but then whenever there is something that I have to know something, procurement, that 1 could get something there, but there is none advertising. I tell the people, "But what about" -- "don't you know how to use your computer?" (UNINTELLIGIBLE) why? (UNINTELLIGIBLE) are on Facebook to find out all the gossip and (UNINTELLIGIBLE). There's plenty of advertising in other places than government. Make sure you do that, because I am a Microsoft specialist; I don't know use it. I got four people in my office that they do the work for me, so I don't have to bother with that. But it's very important, in a way, to communicate people out there that want to maybe in the procurement or whatever since it's -- the people -- the local people will have priority now, okay. Thank you. Chair Gort: Thank you, sir. Anyone else? Carlos Carrillo: Good morning, Commissioners. My name is Carlos Carrillo. I'm here on behalf of Associated Builders and Contractors. We are located at 2890 Northwest 79th Avenue. ABC (Associated Builders and Contractors) is the largest contractors association in Miami. We have 465 members throughout South Florida, and we have a wonderful and amazing training center right here in Miami -Dade County. One of the issues that we see with this ordinance is the time lines, which is obviously something you all were discussing. The way the process typically works, the City will contract a GC (general contractor) for the work; the GC will then have to go out and find a subcontractor; and then it is onto the subcontractor to find employees to work on that project. Fifteen days is much too short a time period for someone to responsibly turn in a list of names of people that are going to be working on that project. The 90-day time frame is a much better time frame, okay. What you would be looking at is the GC hiring the sub and the sub then having to go out and find that workforce. In that time period, they're going to have to put together their job fair; they're going to have to go through the hiring process, which typically will take anywhere from two weeks to a month because you're going to have to vet these folks before they get onto the job site. So that's one of the main issues with it. Talking about the job fairs, also set out in this ordinance is that there's only one organization with whom these contractors are going to be able to work with, and that's Career Source South Florida. We work with Career Source South Florida right now. They're a wonderful organization. But we'd like to ask that you open up that process to other contractor organizations that are also able to source workforce. Right now in the targeted zip code area, Career Source only has 300 plus people after doing a very large search. That's because folks also want to get into hospitality in these targeted zones and other industries. So allowing folks to go out and find out -- find those who are under -employee, not just unemployed, is also a good idea in order to make this ordinance actually work. Very quickly, you guys mentioned there's nothing in this ordinance that sets out for feedback from the contractor who's currently working on the project in case they are having issues finding people, and I think that's something that also should be included And lastly, we City of Miami Page 18 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 would like to ask for a review of this ordinance sometime down the line, maybe a year, 18 months, so we can see its effectiveness and see if it's not actually encumbering folks from getting on the job instead of helping. Thank you. Chair Gort: Thank you. Anyone else? Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Seeing none, hearing none, close the public hearing. Commissioner Suarez: Mr. Chair, if I may? Thank you. Chair Gort: Let me got to close the public hearing. Commissioner Suarez: Yeah. You know, in the Poverty Initiative -- Chair Gort: How many coffees you have today? Commissioner Suarez: What's that? Chair Gort: How many coffees you had today? Commissioner Suarez: Two. Chair Gort: Okay. Commissioner Suarez: Actually, two, plus a little bit of -- Chair Gort: Too many. Commissioner Suarez: Thank you. Not as many as you're going to have today, let's put it that way. Chair Gort: That's for sure. Commissioner Suarez: You have thicker blood than I do. You're able to absorb it somehow. I actually agree with Mr. Carrillo. He represents a large private trade organization that represents a variety of different contractors, and him and I have sat before and discussed some of these issues. In my humble opinion, we as a legislative body and as a governmental body are not in the best position to understand the way small contractors work. I think that the -- his three revisions are well put. I did propose in the Poverty Initiative that his organization be given the opportunity to train more people than it currently has, because he will be placing them in the private sector with small contractors that I think need good workers. So I know -- I definitely want the City to work with his organization, as well as the trade unions that we identified in the Poverty Initiative. So, look, I think -- you know, obviously, we don't want to do anything that slows down the construction process, because there's no Commissioner up here that wants progress to take longer than they're taking. I think the issue is some of these things have to do with requirements to do certain things, and as a small business owner, it's very cumbersome and onerous sometimes to follow these rules; not that they're not worth following or not that they shouldn't be followed or not that they don't have a positive consequence; it just is another rule and regulation that a small business owner has to follow. So I would respectfully request that the 15-day notification be extended to 30 and have some notification extensions, as Carlos articulated them, in addition to opening it up for not just Career Source, but for other entities that could potentially provide workers, because the bottom line is we don't want to limit ourselves to one entity that could provide the kind of workers that we're looking for. City of Miami Page 19 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: I believe the 15 was already extended to 30 days. Chair Gort: Yeah. Vice Chair Hardemon: That was one of the discussions -- Commissioner Suarez: Okay, my apologies. Vice Chair Hardemon: And in regard to the contractor coordinating job fairs with the initiative, the South Florida Workforce, it's not exclusive to them. It says they shall do that one. If we want to add just some language to say "and whomever else he deems necessary to meet the goals" -- Commissioner Suarez: Perfect. Vice Chair Hardemon: -- I think it's perfectly fine. Chair Gort: Yes, Mr. Manager. Mr. Alfonso: Commissioners, we would be okay with going to the 30 days, and we are okay with -- there's enough flexibility in the agreement right now in terms of where to get the employees from. We definitely have the target areas and then we have like countywide pool. So if they want to use other areas, other groups, as long as it's within the time constraint and doesn't move the project termination date any further out -- Chair Gort: They got to know the rules. Mr. Alfonso: Right. Chair Gort: Very good Mr. Alfonso: Because the bottom line, we have a time schedule for the project and we would like not to push that away. We want to hold them to that timeline. Commissioner Suarez: Agreed. Chair Gort: Yes, sir. Okay, any other amendments? Okay, it's an ordinance. Ms. Mendez: Chairman, I -- Todd B. Hannon (City Clerk): Chair. Ms. Mendez: -- just wanted to be clear. Chair Gort: Yes. Wait a minute, let me -- Ms. Mendez: I'm sorry. I wanted to be clear on a couple things. The time frames, in which section is it that you're changing the time frame? Is it Section 4 that says "within 15 days of notification of award, the construct" -- "of the construction contract, the workforce plan outlining" -- is that being changed to 15 to 30 or 15 to 90? I didn't -- City of Miami Page 20 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Vice Chair Hardemon: Fifteen to thirty. Mr. Alfonso: Thirty. Ms. Mendez: To 30. Mr. Alfonso: Yeah. One more comment I wanted to make. When we work with our group, Workforce, we know exactly what parameters and expectations we have, et cetera. If they include other groups, we can't hold those groups accountable; they don't work for us like Workforce does. So, you know, in that case, we would just be required to hold them to the performance -- Chair Gort: Sure. Mr. Alfonso: -- but we don't really work with those groups. So they'll work with ours and others if they like, as long as they meet the requirements. Chair Gort: Well, whoever they bring up, you got to sign a contract with them. Whoever signs the contract has got to comply with what we ask them to do. I mean, that's my understanding. That's what I've been told all the time, that before we do any project, it takes four month to get the contracts done because all those specificity we go into and so on. So in putting the contract together, no matter who brings the people in or who hires, they got to know the rules. Mr. Alfonso: Okay. Vice Chair Hardemon: And just to be clear, it is "and" It's not "or." It's "our" -- Mr. Alfonso: It's "and" Vice Chair Hardemon: Right. Mr. Alfonso: So they use ' ours'and others if they like to. Vice Chair Hardemon: Right. Mr. Alfonso: That's fine, okay. Chair Gort: And my understanding is a lot of the people do work with Workforce already and they joint ventures. Okay. Ms. Mendez: And the last question I have. Did you want to put anything about the job fair that was also discussed? Any time frame or just -- Chair Gort: There's no job fair there. Ms. Mendez: Okay. Thank you. Chair Gort: Okay. All right, it's an ordinance. Ms. Mendez: An ordinance -- Mr. Hannon: Excuse me, Chair. Vice Chair Hardemon: So moved. City of Miami Page 21 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 FR.1 14-01319 Chair Gort: Yes. Mr. Hannon: Is there -- Chair Gort: Moved by Commissioner -- Vice Chairman Hardemon; second by Commissioner Suarez. Commissioner Suarez: Yes. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item SR.1. Commissioner Sarnoff? Commissioner Sarnoff. Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Chair Gort? Chair Gort: Before I vote, let me tell you. I think this is a great incentive to employ people within those neighborhoods, which help quite a bit. And addressing the Poverty Initiative that you all have had two meetings, that, unfortunate, I've not been able to go, I think if we look at -- it's in our neighborhood, there's a lot of young people that could go to college and improve themselves, but unfortunate, they cannot afford to. So I think something -- items you should look into in the poverty incentive that you guys create, maybe create a scholarship so we can select those individual that can go to college and pay for it so they can get an education. I think that'll help quite a bit. Yes. Mr. Hannon: And for the record, the ordinance passes on second reading, 4-0, as amended. Chair Gort: Thank you all. END OF SECOND READING ORDINANCE FIRST READING ORDINANCES ORDINANCE First Reading Department of NET AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Administration 36 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "NOISE," MORE PARTICULARLY BY AMENDING SECTION 36, ENTITLED "CONSTRUCTION EQUIPMENT," BY AMENDING SECTION 36-6(B) TO ADD DEFINITIONS FOR CONSTRUCTION NOISE WAIVER AND CONSTRUCTION NOISE WAIVER APPLICATION; BY AMENDING SECTION 36-6(C) TO PROVIDE FOR THE CITY MANAGER TO SELECTA DESIGNEE AND TO PROVIDE AN APPLICATION DEADLINE, NOTICE REQUIREMENTS, AN APPLICATION FEE, AND A MAXIMUM TIME FRAME FOR THE WAIVER; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN City of Miami Page 22 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 EFFECTIVE DATE. 14-01319 Summary Form SR.pdf 14-01319 Legislation SR.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Chair Gort: FR.1. Daniel J. Alfonso (City Manager): FR.1. Commissioners, FR.1 is a request to amend the ordinance which covers noise waivers. We'd like to add a section to give the Manager the authority to name a designee, include a $75 fee and a five-day lead way on the request. Chair Gort: Okay, public hearing. Now, can we ask if we can add the locomotive -- what do you call them? -- bell or whatever? I keep waking up at 2 in the morning and 4 in the morning. Mr. Alfonso: I'm sorry? Chair Gort: Can we talk to them? I requested from CIP (Capital Improvements Program). I want to know how many clients they have in Allapattah, because they continue to come and -- let me tell you. I think they got the message and they -- they even hit it more now than before. I get it at 2 in the morning and I get it at 4 in the morning. And it's very loud, let me tell you. And I get a lot of complaints from the neighborhood. You got working people there. They have to get up early in the morning to go to work and they used to do that in daytime before, but somebody in DOT (Department of Transportation) complain because they got complaints from the traffic and so on. Mr. Alfonso: Right. You're talking about the quiet zones for trains. Chair Gort: The quiet zone, it's going to take forever. It's going to take a lot of money, but somebody should talk to that company. We have relationship with DOT, I believe. I requested how many clients do they really have, because it's been closed on 10th Avenue, the rails -- they remove some of the rails, okay? Mr. Alfonso: Yes, Commissioner. Victoria Mendez (City Attorney): Chairman, also, with regard to this ordinance, in page 3 of 4, where it says -- notice actually is going to be provided to property owners, but it says "adjacent," and "adjacent" really is not defined in Miami 21, so I need to change that to Efbutting, '{vhich is basically the adjacent property owner. But we just want to make sure that it's clear and definitions -wise. And now this provides for notice so -- and we'll work -- Chair Gort: Okay. Ms. Mendez: -- with CIP on the quiet zones. Chair Gort: Public hearing. Is anyone in the public would like to address this issue? Yes, sir, you're recognized. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26 Street. I'd like to know if we can spread out there the main purpose of this ordinance; it's going to help residents; it's going to be obstruction or whatever. As long as it is something that's being done to help the residents of the City of Miami, that -- that's not here. You don't see it in here today. They don't come here; they working or they doing something else, you know. Laws -- the ordinance get passed here and City of Miami Page 23 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 people don't know what's going on. Chair Gort: They're not here because they know you -- Mr. Cruz: I know, I know. It wasn't -- Chair Gort: They know they're well represented by you. Mr. Cruz: I know, because you send them the bills. I used to deliver them. I don't deliver them anymore. Anyway, thank you. Chair Gort: Let me tell you, I think it'll be great benefit, because when you have somebody in the construction that begins construction next to your house and they wake you up with those noises they make with the cranes or whatever they use and you don't like that. That's all. Anyone else? Seeing none, hearing none, close the public hearings. Do I have a motion? Vice Chair Hardemon: I move to approve. Chair Gort: Moved by Vice Chairman Hardemon; second by Commissioner Sarnoff. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): 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, as amended, 3-0. Chair Gort: Thank you. FR.2 ORDINANCE 15-00035 First Reading District 5- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER CommissionerKeon 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Hardemon AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE", REQUIRING RESPONSIBLE WAGE CONSTRUCTION CONTRACTS, UNDER NEW SECTION 18-120 OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00035 Legislation FR/SR.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Noes: 1 - Commissioner(s) Sarnoff Note for the Record: Item FR.2 second reading to be placed on the February 26, 2015 Planning and Zoning City Commission Meeting with a time certain of 4: 00 p.m. Chair Gort: Now we'll go into time certain. Ines Marrero: Thank you. City of Miami Page 24 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: FR.2. Vice Chair Hardemon: As everyone understands, FR.2 is the amendment to the Code of the City ofMiami, the responsible wage construction contracts, and you are recognized, ma'am. Alice Bravo: Alice Bravo, Deputy City Manager. FR.2 is an ordinance proposing to implement the use of Davis Bacon wage rates for the City of Miami. Vice Chair Hardemon: At this time I'm going to open up the floor for public hearing. Is there anyone from the public -- oh, you have a list. Mr. Clerk, you're recognized. Todd B. Hannon (City Clerk): Thank you, Chair. The first speaker is Steve Hall. The next two speakers afterwards will be Jason Riedl and Tim Mitcheltree. Vice Chair Hardemon: Everyone has two minutes to address the body. Please state your name and address when you speak to the dais, and at any time the dais wants to extend the time, it is by motion or by the will of the bock. You're recognized, sir. Steve Hall: Thank you. My name's Steve Hall. My address is 2619 Korean Drive, Orlando, Florida. I'm here today because it came to my attention that the wage ordinance was coming up here in the City of Miami. Some years ago, we actually did this in Orlando. Let me say that I am a product of what I'm going to advocate for here today. I went through an apprenticeship program; it was a four-year program. And if it wasn't for that apprenticeship program, I would not be standing before you here today. I worked out of Walt Disney World for 15 years painting -- anything. I painted the rides you've ridden in out there, the walls, the rocks, everything. I taught at the school that teaches all this, and that particular school, as does most trade schools, reaches throughout the State of Florida. One of the hurdles of apprenticeship is getting the on-the-job training hours. You know, you obviously can't sit in a classroom for three, four years and walk out a perfect journeyman in that trade. You have to have on-the-job training, work with other journeymen in the trade, so that you learn it thoroughly. In Orlando, we've done this. When we passed our wage ordinance, we also passed language that requires people doing business with the City who are tax funded construction projects to utilize State -certified apprenticeship training. That makes sure that we get the return on our investment for the education. There's nothing worse than an apprenticeship program than a third -year apprentice walking out, down the street, because he can't get work. Working on these tax funded construction projects helps to keep them working and it gives them the hours that they need in order to graduate, and they need the hours. So when I heard what was coming up today, I wanted to stop by and offer to you some language that you might want to consider adding to your wage requirement wherever you all think it's appropriate. It's just a suggestion, and I wanted to come by here and run that by you today. Vice Chair Hardemon: Thank you very much. Can you provide it to the Clerk? And then the Clerk will pass it out to all of us. Mr. Hall: Thank you very much. Vice Chair Hardemon: Thank you. Mr. Hannon: Jason Riedl, Tim Mitcheltree. Vice Chair Hardemon: You're recognized, sir. Jason Riedl: Good afternoon, Vice Chairman and Commissioners. My name is Jason Riedl; live at 915 Northwest 1st Avenue, Miami, 33136. I'm a carpenter for 20 years. And I support this ordinance for several reasons: One, it will stop payroll fraud, from which I was a victim and City ofMiami Page 25 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 which several times. Two, it will provide responsible wages for construction workers and level off the playing field for general contractors and subcontractors to bid projects in Miami. Three, this ordinance will also be able to bring Miami residents out of poverty and offer them a suitable and better way of life and better communications in relationship with the City of Miami. I hope all the Commissioners, Chairman, support Vice Chairman Hardemon's ordinance. Thank you. Applause Vice Chair Hardemon: We're going to ask you to keep your applause at a minimum because of the amount of time that we have. We just ask everyone to remain quiet while we call up everyone. There are going to be many passionate speeches, so everyone can't get a round of applause and someone might feel jealous. Unidentified Speaker: We apologize. Vice Chair Hardemon: No problem. Unidentified Speaker: Thank you. Tim Mitcheltree: Good afternoon. Tim Mitcheltree, 2860 Northwest 27th Avenue. With the -- right now, I'm a representative for the Carpenters Union in the State of Florida, and we just wanted to stop by today in support of the language in there, and also, you know, with the shortage of labor that we're facing right now, skilled labor in the State of Florida, again, to echo off the sentiments of the last gentleman, the more people we can get into the apprenticeship programs, the better, but at the same time, we need to keep the contractors that are doing these jobs, we need to keep them accountable for everything that they're doing down there. As far as the living wage, to the gentlemen in Miami, ladies and gentlemen in Miami, we seen the cash payment, the fraud that goes on firsthand and this is a step in the right direction to clear that up, and we commend the language that's in this and we support it strongly. Thank you. Vice Chair Hardemon: Thank you very much. Mr. Hannon: Next three speakers: William Delgado, Eric Knowles, William Dozier. William Delgado: Good afternoon, Mr. Chairman, members of the Commission. I'm glad that we have so many mathematicians sitting on the dais. I know a real true mathematician. I had the opportunity to sit with him on the committee on the workforce and always followed his numbers, because I failed math in second grade, but they did show me how to count from one to a hundred, and I would like the people that are supporting this item to please stand, if you allow me, people that are supporting this item. Okay, you can sit; plus the people that are outside. And believe me, there's more than -- Chair Gort: Mr. Chairman. Mr. Delgado: Yes. Chair Gort: Let me ask a question. Is anyone going to speak against it? Unidentified Speaker: Yes. Mr. Delgado: So we have over 200 people here who are supporting this item. You have the gentlemen who has the right to decide from the item; that's the reason we're here in the United States of America, and we ask you to please approve this item on the first reading. Thank you very much. City of Miami Page 26 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: Thank you. Vice Chair Hardemon: Thank you. Chair Gort: Okay. Eric Knowles: Good afternoon, Mr. Chairman, Vice Chairman, Commissioners. Chair Gort: Are you speaking against it? Mr. Knowles: For it. Chair Gort: Okay. I understand someone wanted to speak against it. Vice Chair Hardemon: Don't move. Mr. Knowles: Don't move. Carlos Carillo: Good afternoon, Commissioners; second time. My name is Carlos Carillo. I am here on behalf of Associated Builders and Contractors. I am the regional vice president for Miami -Dade County. Our Miami -Dade office is located at 2890 Northwest 79th Avenue. Associated Builders and Contractors is the largest commercial construction association in the State of Florida and in the City of Miami. Not only are we the largest contractor association, we are also the largest trainer of apprentices in the entire State of Florida. One out of four apprentices in the State of Florida graduates from an ABC (Associated Builders and Contractors) open shop program, okay? We are opposed to this ordinance, because it is nothing more than a union -only project labor agreement. It is disguised as a responsible wage ordinance. Reality is union contractors make up roughly three percent of the construction workforce in the State of Florida, three percent. Open -shop contractors make up 97 percent. If the intent of the Commission is to establish a set -aside for union labor within the City of Miami, you will begin that process today by supporting this effort. ABC, our members and the 97 percent of contractors who are open shop in the State of Florida stand opposed to this ordinance. Thank you very much. Chair Gort: Thank you, sir. Mr. Knowles: Eric Knowles, Miami -Dade Chamber of Commerce, 100 South Biscayne Boulevard. My comments: If we are to become truly a world -class city, as we say we are, as we're looking at the numbers that over, I believe, $30 billion of construction that's going on here in this community, we truly need a responsible wage at this time. Thank you. Chair Gort: Thank you. Let me -- hey, hold it, hold it, hold it; hold your emotions. My understanding is what's going to take place here, this would be an advantage to everyone that gets a contract with the City or works with the City, being small, being non -union and so on; in other words, I don't see this at least as a union program; that's my understanding when I was introduced to this. Commissioner. Commissioner Suarez: Mr. Vice Chair, do you want to move it? Chair Gort: Go ahead. Vice Chair Hardemon: Well, in response to the Chairman, because he -- from what he just heard. When someone who represents an issue has passion about his issue, sometimes, they couch it in terms that seem to favor one group or another. The bottom line: The way that this ordinance is written, it is about fair wages, and it doesn't favor one person or another. In fact, I mean, the City of Miami Page 27 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 wage is the wage. You can hire someone who is union or you cannot, and it is up to that person who is the general contractor to make that decision for his subcontractors, so that is not a true statement. Commissioner Suarez: Do you want to move it? Chair Gort: Okay. Vice Chair Hardemon: I know that there's some individuals that would like to speak. Chair Gort: Yes, sir, you're recognized. William Dozier: 171 make it vety, vety brief. Good afternoon. My name is Bill Dozier; address, 3932 Northwest 167th Street, and I stand representing the Urban Construction Crafts Academy, which is a training program for inner city adults trying to get back into the workforce, and we stand in strong support of this ordinance, and we urge all the -- Mr. Chairman and the Vice Chair for your unwavering support of this item. Thank you so much. Chair Gort: Thank you, sir. Vice Chair Hardemon: And to be clear, since I believe that the body has heard enough, I will move it at this time for approval. Commissioner Suarez: Second for discussion. Chair Gort: Moved by Vice Chair Hardemon; second by Commissioner Suarez. Discussion. Commissioner, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. My only kind of friendly amendment would be that the Administration come back to us in a year with an analysis of how this impacts our projects just because at the end of the day, you know -- and here's the part -- you know, we're the ones that are paying for it. We -- and when I say "we," I mean the taxpayers of the City of Miami are paying for it. I think that the City of Miami has become a city -- and we've talked a lot about this -- of have and have-nots, and it's impossible or vety difficult in the City ofMiami to live off $10 an hour or $11 an hour, even $12 an hour to be completely frank with you, which is closer to what Bacon Davis prevailing wages are, so I don't have a problem with the City implementing this, because we're ultimately paying for it. I just want to make sure that there are no unintended consequences, and so I just want a report from the Administration in a hundred -- you know, in 365 days as to, you know, touching base with the contractors to see any sort of implementation issues. You know, do they have to, let's say, for example, let go of some people in order to pay a higher wage? I'm just -- I'm not saying that's what's going to happen. I'm just saying I want -- we want to know. I just want to know what the feedback is from the contractors, but I agree; I don't think this is a union -specific or non -union -specific regulation. This has to do with how much we pay, and we're the ones that are paying it, so it's really on us as far as whether we want to do that or not do that, and I think everything that we've done as a Commission, as we came out of the 2009 hole is to try to be more responsible with reference to our employees, first and foremost, and then to the people that hire -- that are subcontractors, or contractors of this government, so that's why I move it and I hope you accept the friendly amendment. Vice Chair Hardemon: Mr. Chairman, ifI may, I don't want to side-step public comment. I realize that by law, we have to give everyone who wants an opportunity to have two minutes to have their two minutes to speak. That is something that we're required to do, so if there are other people that want to speak before we amend or before we modify the ordinance, I think we should allow those who want to speak to speak. City ofMiami Page 28 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: I understand but I think they understand right now they have 95 percent -- Vice Chair Hardemon: No, no, I completely understand it, but I just want to make it clear for the record, because those -- people may be watching this, but at the end of the day, this will be printed on paper, and we want this not to be challenged because of the inability of us to recognize those who want to speak. Chair Gort: Right. Okay. Vice Chair Hardemon: So at least if there's no one that wants to speak, we can let the record reflect that no one wants to speak. Okay, so there are a few that want to speak. Chair Gort: Okay, go ahead. Victoria Mendez (City Attorney): Mr. Chairman but -- Chair Gort: I change my mind then. Ms. Mendez: -- remember that you can modify the time to your liking. Chair Gort: Ms. Bravo, yes, ma'am, you're recognized. Ms. Bravo: What the Administration would request is some time between first reading and second reading to address some of the implementation aspects of the ordinance regarding the thresholds of projects that are applied to and the administrative changes we would have to do to implement the program and monitor it once it's in place, so we'd like to work with the Commissioner on some of those aspects. Chair Gort: Yes, sir, you're recognized. Wade Helms: Good afternoon, Commission and City Manager. My name is Wade Helms. My address is 17850 Northeast 5th Avenue, Miami. I'm the owner of Ed Helms Electric and Air Conditioning, and for the past 40 years, we've been headquartered in Miami -Dade County. I'm appearing for myself and I'm also appearing as the designated representative for two of the largest specialty contractor organizations in South Florida, the South Florida Chapter of the National Electrical Contractors Association, as well as the Mechanical Contractors Association of South Florida. Both of these organizations include contractors that perform hundreds of millions of dollars of work; a lot of it city, municipal; the majority of it, vast, is private, and we employee thousands of local workers, many of whom are City of Miami constituents. Our work includes electrical and trade shows, as well as mechanical work, including heating, ventilation and air conditioning, and we offer benefits that conform with the responsible wage and benefits ordinance regardless of whether the project is publicly or privately funded. Hopefully, we can all agree that the key goal of the City of Miami's consideration is to make sure that projects funded by City of Miami taxpayers create the most benefits for those taxpayers. It's interesting that the various trade organizations count numbers of members, amounts of payroll, participation in training programs. Our two organizations run nationally -recognized training programs, both based here in South Florida. I'm speaking strongly in support. The contractors I represent are speaking strongly in support and we ask for your support. Thank you. Chair Gort: Thank you. Alan Eichenbaum: I promise I'll be brief. Good afternoon, Commissioners, Chairman. Alan Eichenbaum, on behalf of the South Florida Building and Construction Trades Council. I probably would have deferred my comments all together, but quite frankly, I heard something City of Miami Page 29 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 that was both obscene and disingenuous from the representative from the ABC. To qualify and quantify this as a union -only project labor agreement is a tremendous and outright lie. That representative's members do millions of dollars of business every year under the Miami -Dade County ordinance that this ordinance tracks almost word for word, and they do millions of dollars of business under Davis Bacon, and if he would like to bring payrolls here -- Chair Gort: Excuse me. You're addressing us. It's been clarified; it's not a union, okay? Mr. Eichenbaum: Yes. Chair Gort: Thank you. Mr. Eichenbaum: I just wanted to clarify that was a totally -- Chair Gort: Sir, are you for or against it? Yes, sir. Mr. Eichenbaum: -- disingenuous remark to allow you to think that somehow, this precluded his members from doing work, which they are not. Thank you. Chair Gort: Anyone else? Mariano Cruz: Me. Mariano Cruz, 1227 Northwest 26th Street. I am the chairman of ABDA, Allapattah Business Development Authority. We do a lot of work there in Allapattah, the Little Santo Domingo, another thing, and all the contractors, everybody that work with us, they have to pay prevailing wages. They cannot cut corners or anything, or otherwise, they won't have any business with us, and you know that that's the way we do it, and we do a lot of work, facade program. Now, we are not building any more houses for sale, because the banks -- you cannot -- people can't buy homes, and we building houses for rent. But we work in there in the neighborhood and we -- I am for building in there. Thank you. Chair Gort: Thank you, sir. Yes, sir. Sergio Garrido: Good afternoon, Mr. Chairman, Commissioners. My name is Sergio Garrido, and here we have the Local 1907 to express their support to this item. We are fully in support of the item and we think this is the right thing to do. Thank you. Chair Gort: Thank you. Anyone else? Anyone else? Okay, we'll close the public hearing. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. I asked the Administration for what the financial impact this ordinance would be to the City of Miami. Have you provided that information to me? Chair Gort: No. Ms. Bravo: At this time, we're still gathering that data. Commissioner Sarnoff. I just want to make it clear that there's nothing I could have done to facilitate you to give me any financial information for me to exercise my fiduciary duty to the taxpayers of the City ofMiami to find out what it is I'm passing and what the fiscal impact could be for fiscal year '15 and '16, and I have done nothing more -- there's nothing more I can do other than to ask you for that. City ofMiami Page 30 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Ms. Bravo: Correct. Commissioner Sarnoff. Right. So, Mr. Chair, while I certainly understand where everyone would like to go, mine, as I think everybody up here, your financial -- your highest duty that the law acknowledges is a fiduciary. We are passing an ordinance that you simply do not know what it will do to next year's budget. I don't know if this is a two -million -dollar indication or if it's a twenty -five -million -dollar indication, and until I know that, I can't pass it, and that's just my take on how I do business on behalf of District 2 for the City of Miami. If there is a financial analysis, I would certainly take that into consideration. I certainly laud a number of the issues brought up. Cash payments are absolutely wrong, period. Not paying somebody workers' compensation is wrong, period. Sending them to Jackson Memorial Hospital and forgetting who they are is wrong, period, but the David Bacon prevailing wage is -- hasn't even been shown to me in 25-CFR, whatever, as to what it is for this year and what the South Florida numbers would be. I don't know that they have done or are in the process of doing their financial analysis, but I can't pass something that could have a significant financial impact to next year's budget without understanding what that impact may be. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Thank you. Yes, sir, you're recognized. Vice Chair Hardemon: I think some language then could help address our dear Commissioner from District 2's concern. If we were to include language that said that any project, development or project, whatever it is that has a `B" number that where the dollars have already been appropriated, it's fully funded and ready to go in the pipeline, if those projects are there, then this vote today -- or whatever projects are there in that fashion, ready to go, they are not to be affected by this ordinance, so therefore, everything moving forward would, so if we're proposing new projects within the City of Miami, effectively, then they would be subject to this piece of legislation. Commissioner Suarez: I hear what -- Ms. Mendez: It would have to be prospective. Chair Gort: Excuse me, excuse me, wait a minute. Commissioner Suarez. Commissioner Suarez: Yeah. I think I understand what he's saying. What he's saying is that it won't have an impact on currently budgeted projects. It would have -- Ms. Mendez: It -- the problem is that we have to make sure that it's for prospective. Commissioner Suarez: Right. Ms. Mendez: So for instance not -- but not currently budgeted. It has to be prospective, so the ones -- new ones, new IT (invitation to) -- invitation for bids, new RFP's (Requests for Proposals), new -- not the ones that are currently in the pipeline, like the job order, the job order ones -- Commissioner Suarez: Yeah, and there -- Ms. Mendez: -- that were extended and that don't necessarily have a budgeted amount -- Commissioner Suarez: Right. Ms. Mendez: -- but they have purchase orders that could be pulled, because they already have City of Miami Page 31 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 certain multipliers. Commissioner Suarez: Yeah, but budgeted amount -- but even a job order will be done under some sort of a budget line item, correct? Ms. Bravo: Correct. Commissioner Suarez: Which is budgeted, so what I'm getting at is I think his amendment is well taken, and I think it addresses Commissioner Sarnoff's concern, which is -- Commissioner Sarnoff. No. The reason it doesn't is twofold and I -- (UNINTELLIGIBLE) Mr. Chair? Chair Gort: Yes, sir. Commissioner Sarnoff. And I won't belabor this too bad. First off, this is going to apply to leases in the City of Miami, so there's going to be an impact to, well, general fund; there's going to be an impact to all funding. And then when you get into your capital projects, you know, bear in mind, a one -million -dollar street, I don't know what Davis Bacon would do to that street. Does it make it now a one -point -three -million -dollar street? In which case, your volume of dollars to pave that street -- I'm just trying to pick something really simple, and I apologize for being so simplistic. Is it a 30 percent increase to something like that? Because you've been up here many times saying, you know, with our own union folks' union, you'll say, for instance, "You know, I want to make sure that any increases are proportionately done for the City of Miami folks, but I" -- because I -- because you believe that there's still a lot of capital needs in the City of Miami. By passing this, I don't know what that's doing to our capital needs in terms of how that puts us further away from satisfying them, because this is certainly a cost -- it's certainly going to cost more; I just don't know how much more. If it's 10 percent, I might be okay. If it's 15 percent, I still might be okay, but at 35 and 40 percent -- and no one's ever done that analysis for me. Commissioner Carollo: Mr. Chairman. Chair Gort: Excuse me. Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. And that's why the recommendation by Commissioner Hardemon for projects in the pipeline doesn't necessarily address that, because we got to look at future projects and our future budgets; however, this is an ordinance, and this is why you have two readings, so maybe between first and second reading, we could have that information, but at the very -- but at least for now, maybe we should move it along so it's not lingering and pass it on first reading; however, maybe by second reading, then we could have that information to have a clearer indication of where we are with future projects, and I think your analogy or example was very clear, because we may have less money for more projects, and as it is right now, we don't have a finite amount of dollars. Commissioner Suarez: Infinite. Commissioner Carollo: Yeah, infinite amount of dollars. I mean, the truth of the matter is that, you know, we are struggling, you know, to see how many of the issues that we have infrastructure -wise we could fix with the dollars that we have, so again, I don't have a problem passing it on first reading; however, before I say "yes" to a second reading, I will need to see the financial information, also. Commissioner Suarez: Yeah and -- City of Miami Page 32 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: I think that'd be very important, and I think we have some experience. My understanding is any funding that we use, any construction that we do with CDBG (Community Development Block Grant) funds, we apply the Baker [sic] Act, don't we? Ms. Bravo: I believe so. Commissioner Carollo: Yes. Chair Gort: Believe so. So we should have some experience, and it's a shame we don't have that information at this time, but you can provide it -- Ms. Bravo: Right. Chair Gort: -- on the second reading, but I think we have some experience with this act. Ms. Bravo: And -- Commissioner Carollo: Yes, we do. Ms. Bravo: -- what we would have to look at is different categories of work. For a very large project that requires technical personnel, you know, if it were a bridge structure or something of that nature, it might be that there's a smaller difference in cost versus a painting contract or something of that nature, so we have to look at different categories of work and -- Commissioner Suarez: Yeah -- Ms. Bravo: -- also look at the staffing requirements for tracking all these projects and the contractor. Commissioner Sarnoff. But you could do a forensic accounting of going back five years. You could take maybe five projects from District 3; five projects, District 2, district -- you know, just across the City, large, medium, small, and say, "This is what our historical basis would be; projecting that forward, this is what we anticipate" -- Ms. Bravo: And that would take an extensive amount of research, because we have to find out the wages that were paid on those contracts. We don't necessarily have that data, so we're going to rely on our contractors that have worked with us in the past to get that. Commissioner Suarez: And Mr. Chair -- Chair Gort: Yes, sir. Commissioner Suarez: -- that's precisely why I suggested the amendment, because I thought that it would be easier for us to collect the data going forward, which is why I said come back in a year, and in a year, you know, it's not going to be such a huge material change that -- because if you're talking about worst case scenario, just in wages, you're talking about, I think, from -- what's the current standard right now? It's -- what? -- 20 percent increase, just maybe 20 percent, maybe 10 percent increase just in labor, so you're not talking about, you know, the overall project even increasing by 10 percent if you're just talking about one component of a project going up by 10 percent. I'm not saying that it's not an impact. It's going to be an impact. Chair Gort: There will be an impact, come on. Commissioner Suarez: But my issue was, look -- and the Administration, which was policy -neutral on this, 1'll give you -- you guys were policy -neutral, but they did have some City of Miami Page 33 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 concerns, and they were legitimate concerns, and they reflect some of my concerns; I think Commissioner Carollo, also. You know, yes, we don't have an infinite amount of money; yes, we -- by the way, we do have other areas of fat in our government that we could trim where we could get money for capital, but that's a whole 'nother issue and a whole 'nother argument, and the point being is, I think what we've done from 2009 to today is we have taken care of -- I hate to use a biblical analysis -- but the least of our brothers in terms of we have increased temps to full-time; we have increased a variety of different things to try to help compensate people who are struggling to make it in an ever-increasing city that's becoming more and more expensive. Chair Gort: Let me tell you what I'd like to see also is training program, because right now, we have a lot of labor that they put them on the corner with a stop sign to stop traffic and so on, and then after the construction goes out, that person doesn't have a job, because he did not acquire additional skill. I want to make sure somehow these individuals get additional skill and training. Yes, ma'am. Ms. Bravo: Well, FDOT (Florida Department of Transportation) employees have contract -- a program that's on-the-job training that requires contractors, based on the size of the contract to train a certain number of personnel for permanent employment. Chair Gort: Well, that could be permanent employment in our contracts. Ms. Bravo: Correct. Chair Gort: Okay. Any further discussion? Vice Chair Hardemon: I will say, well -- Commissioner Suarez: Go for it. Chair Gort: Is there a motion? Mr. Hannon: Excuse me, Chair. There was a motion made by Vice Chair Hardemon and seconded by Commissioner Suarez -- Chair Gort: Made by Commissioner Hardemon, okay. Mr. Hannon: -- with a friendly amendment at 4:38. Does the maker of the motion accept the friendly amendment? Vice Chair Hardemon: With the friendly amendment, so you want it to be a part of the -- it doesn't necessarily have to be a part of it -- Commissioner Suarez: Look, it's first reading. I don't have a problem approving it as is on first reading. My issue is essentially really the same issue that Commissioner Sarnoff raised. I just raised it differently, and instead of saying, "Let's go back five years and try to solve this problem today," I'm okay with increasing the cost, because I think we're in a very good financial position as a city. I just want to do an analysis of it in a year and come back and say, "Okay, is this going to have a real major impact going forward, or is this something that we can live with?" Vice Chair Hardemon: And to that point, I mean, there are a lot of things that have been said that I know there's information that is -- even within the documents that we have that would negate some of those statements, so 30 percent increase in cost, I mean, there's studies that show that the increase is not that high, if there is an increase. Commissioner Suarez: Right. City of Miami Page 34 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Vice Chair Hardemon: There are things that offset the cost of wages, such as better productivity and other things to consider when you are looking at those types of projects. I'm not going to sit today and tell you all the pros and reasons why I want to move forward with things, and I appreciate everyone having the courtesy to listen to the audience to provide your input, because I know we'll come this way again, but I will say just this one thing. Commissioner Suarez: Can I just -- before you say that? -- Because you made a very good point, and I want to emphasize it. The point is this: Maybe you get more productivity for a better price. In our -- or in a fair market economy, if you pay more, a lot of times you get more productivity and more efficiency, right? So you may end up having a neutral cost even though you're paying a higher wage, because you have more efficiency, or you may even have a lesser cost, because you have people that are more skilled working in that job; you understand what I'm saying? So that's why I wanted to do an analysis of the expenses to make sure that whatever we spend, you know, we compare apples to apples, because if we go backwards, by the way, you're not comparing it to the prevailing wage; you're comparing it -- you're just adding a multiplier and saying wages are going to go up by "X, " and therefore, the costs are going to go up by "X, " instead of productivity and other factors that may actually reduce the cost. Chair Gort: Let me tell you what I like about this program. We all talked about the providence initiative that we want to create. At the same time, any contract with City funds, they got to hire people within the district that we recommend that they have to be hired from, so that's going to make sure that the funds are going to benefit the district that needs the most within the City of Miami; that's why I like the other ordinance that we passed before, because we're going to make sure that the residents of the City of Miami are going to receive the benefit, and we're going to be able to help those people that live in those neighborhoods. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: And that's precisely my point. When you look at the changes that we've made today, the policies that we are implementing today, it tackles or it gives us the ability to fight the poverty that we have within our communities; that's what this is about. And what's exciting about this to me is that I believe that government shouldn't be in the business of driving the cost of wages down; that's not what government should do. Leave that to the private sector, but if they want to use our dollars -- because I guarantee you, ABC will not turn down that contract if it is to be given to them. So the way that I look at it is that we should be in the business of alleviating poverty within our communities; providing the best wages that we can. That's not something that we fight just here in Miami, but it's something that we fight around the nation. I mean, by God, there was one of -- on the -- when Dr. King was shot and killed, that's what he was fighting for; living wages for working people. So, I mean, this is something that we've been tackling -- trying to tackle, at least -- for a very long time within our communities, and I think this is a step in the right direction, so that is why I'm in support of it, and I'm sure when it comes up for second reading, I'll have much more to say, and I'm sure the audience will, also, so thank you very much. Chair Gort: Okay, the -- any further discussion? Being none, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.2. Commissioner Sarnoff. Commissioner Sarnoff. I have to vote "no," simply because I can't go into this with financial blinders on. I've never taken a vote knowing -- without knowing what the outcome would be to City of Miami Page 35 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 our budget from a general fund to a capital improvement, and until I'm seized with that information, I just can't proceed forward in a good faith vote, so I have to say "no." Mr. Hannon: Commissioner Carollo. Commissioner Carollo: Yes, on first reading. Mr. Hannon: Commissioner Suarez. Commissioner Suarez: Yes. Mr. Hannon: Vice Chair Hardemon. Vice Chair Hardemon: For. Mr. Hannon: Chair Gort. Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading, 4-1. Applause Chair Gort: No, please, no, no, no, come on. Ms. Mendez: Vice Chairman Hardemon, what date would you allow for this to come for second reading, based on the request of the Administration? Vice Chair Hardemon: It wouldn't be this next meeting; it would be the meeting after that, so it's the late February meeting. Mr. Hannon: That would be Februaty 26, sir. Vice Chair Hardemon: So February 26. Commissioner Carollo: Mr. Chairman. Commissioner Suarez: Just to give you an FYI (for your information), I don't know if it matters to you or not, but I'm not going to be here on February 26. Vice Chair Hardemon: You're not going to be here on Februaty 26? We need to find another date. Commissioner Suarez: Just giving you a heads up. Commissioner Carollo: Mr. Chairman. Vice Chair Hardemon: Because, you know, when you reduce the number of people that vote for Chair Gort: Let's take a real five. Vice Chair Hardemon: Okay, that's fine. Commissioner Carollo: So hold on. Okay, so why do we have -- see, I don't mind coming back City of Miami Page 36 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 at 5:30, but if it's a district item, and how come we have a time certain at 5:30 and even to the City Attorney, how do -- I know we have the sunshine law, so we can't discuss it and so forth, but how do we have a time certain at 5:30 on a district item where -- Chair Gort: My understanding -- Commissioner Carollo: -- you know, it's -- Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: My understanding is -- Commissioner Suarez: Yeah. Chair Gort: -- a request by the citizens in there that they wanted to hear it at 5:30 to make sure they will all be here; that's what I've received. Commissioner Carollo: You know, and I don't have a problem with waiting till 5:30, but, I mean, you know, it's a district item, and at the same time, you know, I don't have any citizen that came to me and requested a time certain or -- Commissioner Suarez: Can I --? Chair Gort: If you want to hear it now, we'll hear it now, no problem. Commissioner Carollo: You know -- Commissioner Suarez: I don't mind hearing it now. Commissioner Carollo: -- and I don't mind hearing it now or I don't mind hearing it at 5:30, but I'm just -- I just want to know as far as procedure, because I don't want for the future, if Commissioner Sarnoff has an item and I time-certained it for a certain amount of time -- Commissioner Suarez: Yeah. Commissioner Carollo: -- or the Chairman or Commissioner Suarez and -- Commissioner Suarez: Yeah. Commissioner Carollo: -- it's something that you're -- you know, you're obviously passionate about -- Commissioner Suarez: Passionate about or whatever. Commissioner Carollo: -- or devote a lot of time to, and yet, seeing another Commissioner out of the blue, you know, with a time certain that you're not aware of -- and I understand we can't just call each other, because of the sunshine law, but that's where now we're going to lose 30 minutes, so, I mean, I don't know if the public really wants to hear it now, or they really want to wait till 5:30. I don't mind waiting, butt can tell you, no one, no one contacted my office requesting a time certain. Chair Gort: Commissioner Carollo, I apologize; it's my fault. I received the calls and people called me, and I thought you were going to agree, but don't worry, I will never do it again, and from now on, any time anyone wants a time certain, you write it to me and you ask me; you let me know why you require a time certain, okay? City of Miami Page 37 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Carollo: And Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Since it was done, it was published, and I think it's there on the glass stating that it's going to be a time certain, I will, you know, I'll abide by that and let's just do it at 5:30. We'll go for 30 minutes and then come back and do it at 5:30. Commissioner Suarez: And Mr. Chair -- Commissioner Carollo: Again, it was just for future process, because, you know, it throws someone off or it could, you know, a Commissioner that is very passionate, or has done a lot of work on an issue, that's it. Commissioner Suarez: And in fairness, I take some responsibility, too, because I know somebody communicated it from my office that there was a request for a time certain, so I will -- Chair Gort: It's my fault. I'm the Chairperson. Commissioner Suarez: No, no, but I'll take responsibility, too. Somebody communicated it from my office, as well, and it's a problem, because we can't just communicate. I sent it to the Clerk, so, you know, I think that the -- Commissioner Carollo: But you understand what I'm saying? Commissioner Suarez: Of course, I completely understand so I think -- Mariano Cruz: But it's for the Chairman. Commissioner Carollo: Let's just be back at 5:30. Later... Chair Gort: Yes, sir. Vice Chair Hardemon: I know we were trying to discuss when we were going to hear the last item that we just discussed for the next hearing, and I was just informed by staff that the last February or the second February Commission meeting is available for everyone to be at so that we can address it then, so I just want to direct the City Clerk to place that item for that agenda time, at a time certain at 4 o'clock if the Chairman is okay with that. Chair Gort: (UNINTELLIGIBLE) Commissioner Carollo: I just thought that Commissioner Suarez wasn't available on that Commission meeting. Vice Chair Hardemon: I've been informed that -- from staff that I think everyone will be available. He just stepped away, so we can wait until he comes back, but he was here when I initially started talking. There he is. Ms. Mendez: Vice Chairman, what date are you proposing? Vice Chair Hardemon: What date would that be, Mr. Clerk? City of Miami Page 38 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 RE.1 14-01165 Department of Capital Improvement Programs/Transportat ion Mr. Hannon: Well, the second meeting in Februaty is February 26. Vice Chair Hardemon: And Commissioner Suarez, are you available February 26? Commissioner Suarez: I checked with my wife -- Vice Chair Hardemon: The boss. Commissioner Suarez: What's that? Vice Chair Hardemon: The boss. Commissioner Suarez: -- and actually, I am going to be here on February 26. I'm not going to be here on February 12. Vice Chair Hardemon: Okay. Commissioner Suarez: So. Vice Chair Hardemon: So February 26 is perfectly fine. Chair Gort: Right. Mr. Hannon: So we will place this item for second reading on the February 26 agenda, and you wanted a 4 p.m. time certain. Vice Chair Hardemon: That is correct. Mr. Hannon: Yes, sir. Chair Gort: It's all yours, Francisco. Ms. Mendez: Chairman -- Vice Chairman, this is for -- what both of you were talking about was the responsible wage ordinance, right? I'm sorry, I didn't -- Chair Gort: Yes. Ms. Mendez: Thank you very much. Chair Gort: CR.1 [sic] and 2, okay, we're clear? All right. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI LIST OF EXPEDITED PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT ATTACHMENT"A," WITH "ATTACHMENTA- 01/22/15," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. City of Miami Page 39 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 14-01165 Summary Form.pdf 14-01165 Pre-Legislation.pdf 14-01165 Legislation.pdf 14-01165 Attachment A - SUB.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0024 Chair Gort: RE.1. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. RE.1 is a resolution amending the project expedite list by adding new projects. These projects are generally the environmental projects that we're doing citywide. If you have any questions, I'm happy to answer them. Chair Gort: Thank you. Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: I wish to second it, but with a friendly amendment. I don't know if you can help me do this. Well, I'm sure you can. I don't know the "B" number for the Seybold project, because this is a Seybold project and -- Mr. Spanioli: Seybold Penthouse? Vice Chair Hardemon: Yes. Mr. Spanioli: Be happy to add it. Vice Chair Hardemon: Please. Mr. Spanioli: Yes, sir. Vice Chair Hardemon: And gentlemen, that's just a project within my community. It was a historic property that was destroyed by neglect and so they're building a new one to replace it. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair Gort: As amended. Mr. Spanioli: Thank you, Commissioners. RE.2 RESOLUTION 14-01295 City of Miami Page 40 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Department of Capital Improvement Programs/Transportat ion RE.3 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE CONSTRUCTION CONTRACT WITH JVA ENGINEERING CONTRACTOR, INC., FOR GARDEN STORM SEWERS - PHASE I IMPROVEMENTS PROJECT, B-30183, AWARDED PURSUANT TO INVITATION TO BID NO. 12-13-053, AS AUTHORIZED BY RESOLUTION NO. 13-0316, FOR ADDITIONAL WORK THAT IS NECESSARY DUE TO UNFORESEEN UTILITY/DRAINAGE CONFLICTS AND UNSUITABLE SOIL MATERIAL FOUND IN THE FIELD, IN AN AMOUNT NOT TO EXCEED $150,000.00, THEREBY INCREASING THE AWARD VALUE FROM $854,346.35, TO AN AMOUNT NOT TO EXCEED $1,004,346.35; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30183; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 14-01295 Summary Form.pdf 14-01295 Recommendation for Payment.pdf 14-01295 Pre-Legislation.pdf 14-01295 Legislation.pdf 14-01295 Exhibit.pdf 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 R-1 5-0025 Mark Spanioli (Director, Capital Improvements & Transportation): Good morning again. RE.2 is a contract increase to JVA Engineering. This is for our Garden Storm Sewer project. It's in an amount not to exceed $150, 000. During the construction, we did encompass or encounter a number of unforeseen conditions. When we were excavating for our drainage system, we found a number of unforeseen utility conflicts, as well as some unsuitable soil material that needed to be replaced with suitable lime rock fill. Chair Gort: Okay. Questions? Motion? Vice Chair Hardemon: This is RE.3? Chair Gort: RE.2. Mr. Spanioli: RE.2. Vice Chair Hardemon: Yeah. Move to approve. Chair Gort: Moved by Vice Chairman Hardemon. Commissioner Sarnoff Second Chair Gort: Is there a second? Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION City of Miami Page 41 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 14-01298 Department of Capital Improvement Programs/Transportat ion A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING REIMBURSEMENT GRANT ("GRANT") FUNDS TO BE RECEIVED FROM THE MIAMI-DADE COUNTY ("COUNTY") BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BONDS, IN AN AMOUNT NOT TO EXCEED ONE MILLION, THREE HUNDRED THOUSAND DOLLARS ($1,300,000.00) AND APPROPRIATING SAID GRANT FUNDS, FOR THE KINLOCH PARK PROJECT, B-40457; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCALAGREEMENT ("INTERLOCALAGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE COUNTY FOR ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY RENEWALS, EXTENSIONS, AMENDMENTS, AND MODIFICATIONS TO SAID INTERLOCALAGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT . 14-01298 Summary Form.pdf 14-01298 Legislation.pdf 14-01298 Exhibit.pdf 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 R-15-0026 Chair Gort: RE. 3. Mark Spanioli (Director, Capital Improvements & Transportation): Good morning again, Commissioners. RE.3 is a GOB (General Obligation Bond) grant acceptance from Miami -Dade County for Kinloch Park, in an amount not to exceed of $1.3 million. Chair Gort: This is for Kinloch Park? Mr. Spanioli: Kinloch Park, Mr. Chairman. Chair Gort: Okay. We already approved the one for Antonio -- Mr. Spanioli: Antonio Maceo and for West End. Chair Gort: Okay. Mr. Spanioli: That's correct. Chair Gort: So this is the third one that we get. Mr. Spanioli: Correct. Chair Gort: Okay. Do I have a motion? Vice Chair Hardemon: So the last one was RE.2? Chair Gort: Yes. City of Miami Page 42 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 RE.4 14-01321 Department of Capital Improvement Programs/Transportat ion Vice Chair Hardemon: I thought I continued RE.2. I thought we continued that one. No? Chair Gort: No. Vice Chair Hardemon: Okay. Chair Gort: RE. 5 is what we continued. We continued RE.5. Vice Chair Hardemon: I move to approve it. Chair Gort: Moved by Vice Chairman Hardemon; second by Commissioner Sarnoff. 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), AUTHORIZING AN AMENDMENT TO THE AUTHORIZED EXPENDITURE LIMITS OF FIFTEEN (15) JOB ORDER CONTRACTS FOR MAINTENANCE AND CONSTRUCTION SERVICES CITYWIDE ON AN AS -NEEDED BASIS FOR CAPITAL IMPROVEMENT PROJECTS, INCREASING THE ANNUAL MAXIMUM CAPACITIES OF $2,000,000.00 FOR HORIZONTAL RIGHT-OF-WAY CONSTRUCTION, AND $2,500,000.00 FOR VERTICAL BUILDING CONSTRUCTION, TO THE NOT TO EXCEED AMOUNTS OF $4,000,000.00 AND $5,000,000.00 RESPECTIVELY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.1 TO THE AGREEMENTS WITH EACH CONTRACTOR, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES; ALLOCATING FUNDS FROM THE VARIOUS CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 14-01321 Summary Form.pdf 14-01321 Pre-Legislation.pdf 14-01321 Legislation.pdf 14-01321 Exhibit.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 R-15-0027 Chair Gort: RE.4. Mark Spanioli (Director, Capital Improvements & Transportation): Good morning, Commissioners. RE.4, this is an amendment to our JOC (Job Order Contract) contracts. We're requesting an increase to the capacity limits for our horizontal contractors from 2 million to $4 million and from our vertical contractors from 2.5 million to $5 million. Based on our for -- project forecasting going forward, we are certainly going to be able to need this increase. For reference, though, I would like to put on the record that Procurement, together with us, and actually at the Chairman's request -- and a great idea -- we are working on procuring a pool of City of Miami Page 43 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 general contractors at various rates from, let's say, 0 to $250, 000 projects, 250 to $500, 000 projects and so forth, so we'll have a pool of GCs (general contractors). In addition to this JOC contract, we'll have these other opportunities for contractors and for us to have other tools in our shed to get the projects clone. Chair Gort: Thank you. My understanding is the JOC, we paid some 10 percent of the -- to the people of software. Daniel J. Alfonso (City Manager): One point nine five percent. Chair Gort: One point nine five percent. Mr. Spanioli: Correct. Chair Gort: Okay. We're talking about billions of dollars. Mr. Alfonso: Right. On a $2 million transaction -- Chair Gort: We can use that in-house. Mr. Alfonso: Well, the question is, "Can we get the service that they deliver for that kind of money?" If -- Chair Gort: My understanding, the service they deliver, they tell you how much it's going to be, the square footage of the concrete for the sidewalk, the square footage for the -- no? What else do they do? Mr. Spanioli: No, not exactly. We take our plans after they're prepared and then a JOC contractor prepares a proposal. That proposal is based on the price of each item that's already set in the JOC program. Chair Gort: Right. Mr. Spanioli: So it's not the actual square footage of the areas; it's the actual item. So there's over 3,000 items from the screws to the asphalt to the trusses, but it's -- we give the quantity; they're just giving the price based on a set value that's already in a JOC system. We wouldn't be able to develop that to that level of detail for that many items internally. I mean, we'd have to create a whole other department. Chair Gort: Yes, sir. Commissioner Sarnoff. I don't know what your experience has been Mr. Chair, but any project that I've had the lowest bidder versus a JOC contractor, I could tell you on every one of my projects which one is the lowest bidder and which one is the JOC contractor. And any time -- my experience has been a JOC contractor's job performance is 30 to 50 percent better than the lowest bidder with a quality of work. Chair Gort: No, I understand that. But I think we had the experience in our department with all the projects that we have seen, that we should know by now what the price is and so on. I mean, how much can it -- streets change? How much can a sidewalk change? Mr. Spanioli: Well, this system, it follows the market trend, so it gets updated every year. You know, price of materials changes all the time, so it is up to date. It is -- all the contractors that are on the JOC system bid on it, so there's a multiplier factor. We're just -- it's a tool in our shed. I mean, and we don't use it for every project. Certainly, there are projects that we don't feel City of Miami Page 44 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 internally are appropriate to go through a JOC system. Chair Gort: And if we don't use it, we don't have to pay for it? Mr. Spanioli: Correct. Chair Gort: Okay. Mr. Spanioli: It's only based on the project. Chair Gort: The second question that have, we have horizontal and vertical. Mr. Spanioli: That's correct. Chair Gort: Do some of the verticals sometimes get contract for horizontal? Mr. Spanioli: No. Chair Gort: No. It's completely different? Mr. Spanioli: It's completely different. Vertical is for building construction; horizontal is for low rate construction. Chair Gort: Right, okay. Mr. Spanioli: There's some blending sometimes. Like if you have a park, if you look at the scope of work, the vertical or horizontal is qualified to do a park. If it's just park work and not a building construction, but generally, yes, you are correct; there's a separation. Chair Gort: Okay. Because I was in a meeting the other day and people were discussing that, a lot of the -- some of these people that put the asphalt, they don't have the equipment, they don't have the material, and they have to go to someone else to subcontract that, so just for your knowledge. Okay, any further discussion? Motion? Commissioner Sarnoff. So move. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Sarnoff,. second by Commissioner Suarez. All in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you, Commissioners. Chair Gort: Thank you. RE.5 RESOLUTION 15-00013 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management LEASE RENEWAL ("LEASE RENEWAL"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("STATE"), FOR THE USE OF STATE-OWNED City of Miami Page 45 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 SUBMERGED LANDS ("SUBMERGED LANDS") LOCATED ADJACENT TO CITY -OWNED UPLAND PROPERTY AT 2550 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA ("UPLANDS") FOR A TERM OF APPROXIMATELY TEN (10) YEARS, WITH AN ANNUAL PAYMENT OF TWO THOUSAND FOUR HUNDRED EIGHTY SEVEN DOLLARS AND EIGHTEEN CENTS ($2,487.18) SUBJECT TO ANNUAL INCREASES PURSUANT TO THE FLORIDA ADMINISTRATIVE CODE AND A STATE LEASE RENEWAL PROCESSING FEE OF SIX HUNDRED NINETEEN DOLLARS ($619.00); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE FUTURE LEASE RENEWALS, AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDED THAT SUCH LEASE RENEWALS, AMENDMENTS AND MODIFICATIONS DO NOT CONTAIN MATERIAL AMENDMENTS OR MODIFICATIONS TO THE TERMS AND CONDITIONS OF SAID LEASE RENEWAL, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LEASE RENEWAL. 15-00013 Summary Form.pdf 15-00013 Legislation.pdf 15-00013 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-1 5-0033 Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be RECONSIDERED FAILED by the following vote. Votes: Ayes: 2 - Commissioner(s) Suarez and Hardemon Noes: 2 - Commissioner(s) Gort and Sarnoff Absent: 1 - Commissioner(s) Carollo Note for the Record: Please see Order of the Day'for minutes referencing Item RE.5. Chair Gort: RE. 5, it's been deferred RE.6. Commissioner Suarez: Mr. Chair? Chair Gort: Yes, sir. Commissioner Suarez: Why is RE. 5 being deferred? Commissioner Sarnoff. I had -- Chair Gort: At the request of the Commissioner. Commissioner Sarnoff. I asked for it. Commissioner Suarez: Any particular reason? Commissioner Sarnoff. Because in my briefings, the City Attorney could not give me answers past 1993. City of Miami Page 46 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Suarez: Okay. And that relates to the item itself the leasing of submerged lands from the State of Florida? Commissioner Sarnoff. That doesn't relate to that, but that relates to a larger issue that's coming before the Manager, and the Manager has to do his due diligence -- Commissioner Suarez: Okay. Commissioner Sarnoff. -- to make a determination as to whether that's going to come about. I feel like it's our obligation to make sure he's doing his due diligence. I've been briefed by the City Attorney and so far, we're only up to 1993. Commissioner Suarez: Okay. My issue is this: The item before us has to do with a lease between the City and the State of Florida for the submerged land in front of this facility. To me, that item is very simple and it's very straightforward. That there may be ancillary items that are related to that property, I have no doubt. I just fear not moving forward on RE.4 [sic] because, first of all, I think we have an obligation to move forward on RE.4 [sic]. I think we have a -- Victoria Mendez (City Attorney): RE.5. Commissioner Suarez: I'm sorry, RE.5. My apologies. I think we have an affirmative obligation to move forward on RE.5. And from my perspective, it's an eminently good deal, vis-a-vis what we get. In other words, the lease of that land which I think is 2,000 now, will go up to 2,400, is a very, very good deal for the City, vis-a-vis the City and the State. Whether going forward there are other issues and other issues related to the property itself that's not for today. That's what I was told in my briefing, and so I was a little shocked to be completely frank with you, that when I got here today, I was told that RE.5 was deferred so. Chair Gort: Commissioner, I like to -- the request -- my understanding, every time any one Commissioner requested for an item to be deferred, it has been deferred. And we have Commissioners that have deferred quite a bit because of the -- they had not received the information. The Commissioner -- I agree with you, but the Commissioner is asking for it, and I think he has a right to do so. Commissioner Suarez: I would be willing to reconsider this item, because I think this item is very, very straightforward. I understand about doing due diligence, and I understand about the Manager wanting to do his due diligence on things that are ancillary to this item, but this item itself is as clear, in my opinion, as -- very clear. Chair Gort: My understanding, the response on behalf of the Administration is they don't have any problem in putting it for next month. And at the same time, my request was to make sure they get all the information received, because we have Commissioners here that request deferral because they don't believe they have all the information and -- that was given to them. Commissioner Suarez: But on this item? Chair Gort: This the first time -- many of the items. This is the first time that I've seen Commissioner Sarnoff requesting that. Commissioner Sarnoff. Yeah. I just want you to know, Commissioner Suarez, that this item itself is a bigger -- is the tip of what will be a larger item that will not come to this Commission presently. Commissioner Suarez: Understood City of Miami Page 47 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Sarnoff. I say 'presently" because I've sat -- I've made myself available to this Administration and, more particular, the City Attorney at their whim. "Commissioner, we'd like to meet with you tomorrow." I'm there. "Commissioner, we'd like to meet with you tonight." I'm there. They're not ready to go forward because they don't have all the documents. Commissioner Suarez: Who's "they"? Commissioner Sarnoff. City Attorney does not have all the documents for her to do the due diligence on a chain of title to make a determination. Commissioner Suarez: Okay, but that's not -- has nothing to do with whether we approve a lease with the State of Florida we currently are obligated in good faith to do, not to mention the fact that it's a good deal for us. I'm not saying -- Commissioner Sarnoff. I'm not suggesting you're not, but to turn around and say it must be voted on today would be a mischaracterization. Commissioner Suarez: I didn't say -- nothing has to be done. There's no such thing as a "must be done." Commissioner Sarnoff Right, you won't be in violation. Chair Gort: Guys. Commissioner Suarez: But -- no, no, no, no. No, we will be in violation. Commissioner Sarnoff No, you won't. Commissioner Suarez: Oh, yes. We are in violation -- Commissioner Sarnoff Well -- Commissioner Suarez: -- right now. Chair Gort: That's what happens -- Commissioner Sarnoff -- Commissioner -- Chair Gort: -- when you have too many attorneys sitting here. Ms. Mendez: I -- ifI may suggest. This -- if the bigger issue is the amendment to the uplands, Monty's lease, this Commission can require for that lease to come back here, and then we can deal with the submerged lands issue, and then that might address everybody's concerns. Commissioner Suarez: Look, that -- fine, I have no issue with that. My issue is this is about -- we leased the submerged lands from the State for $2, 000 a month. This is black and white. We have an obligation to renew that lease, okay? The State is coming back to us and saying, "We want twenty-four hundred bucks." The State, in the Flagstone issue, when we wanted an additional commercial capacity, wanted 50 percent of our revenue, so for me, this is no-brainer. This is a two second, up or down vote. Whether there are other issues related to the property, that's not for -- not to say -- or it has nothing to do with item, so I just -- I don't understand why I was never told in my briefings that this was going to be deferred. This is very straightforward. And to be quite frank with you, I think it might create other problems for the City of Miami to defer this, because we have our -- an affirmative obligation to pass this, whether we do it today or in two weeks or whatever. We should have done this six months ago. We shouldn't have -- City of Miami Page 48 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Sarnoff. Well -- Commissioner Suarez: -- clone this two weeks ago. Commissioner Sarnoff. And just so you understand -- Chair Gort: Excuse me. Commissioner Sarnoff. Can I just address that? Chair Gort: Go ahead, yes. Commissioner Sarnoff. So the State only gave us this around Thanksgiving, so the State was in -- the State had delayed providing the documentation to the City of Miami until Thanksgiving, so we're not in any kind of violation because the State didn't get it back to us until Thanksgiving. Commissioner Suarez: Okay. I don't know the details of when we requested that information, but it's a 10year lease. It's a 10-year lease. Commissioner Sarnoff. I -- Commissioner Suarez: We have an obligation to renew the lease, and not only -- forget about the obligation to renew the lease; it's a good idea to renew the lease. Chair Gort: Gentlemen, gentlemen, excuse me. Two attorneys can argue their issues all day long. Make a motion and if they want to do it, fine. Commissioner Suarez: I move to consider RE.5. Chair Gort: Okay, there's a motion. Vice Chair Hardemon: Second. Chair Gort: Second. All in favor, state it by saying aye." Commissioner Suarez: Aye. Chair Gort: Nay. Commissioner Sarnoff No. Commissioner Suarez: Okay, it dies. Chair Gort: Okay. Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 49 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff There was a matter in the morning meeting, RE.5, which was somewhat contentious. I have met with the Manager. If you would allow me, I would do a motion for rehearing and would consider the item. Chair Gort: There's a motion to rehear. Is there a second? It's been motion and second All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Yes, sir. Commissioner Sarnoff. I think -- I'd make a motion on RE.5. Vice Chair Hardemon: Second. Chair Gort: Okay, it's been moved and second. Any further discussion. Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RE.6 RESOLUTION 15-00008 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JACKSON PIERRE, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $95,000.00, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.524000.0000.00000. 15-00008 Memo - City Attorney.pdf 15-00008 Memo - Budget Sign-off.pdf 15-00008 Legislation.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 R-15-0028 Chair Gort: RE.6. City of Miami Page 50 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Daniel J. Alfonso (City Manager): RE.6 is a resolution to reach a settlement with Mr. Jackson Pierre. It's a worker's comp settlement. Commissioner Sarnoff So moved. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Suarez. All in favor, state it by saying aye." The Commission (Collectively): Aye. END OF RESOLUTIONS BUDGET BU.1 BUDGET DISCUSSION ITEM 14-01284 Department of STATUS (SEC.18-542(B) CITY CODE) Management and I. 2014-2015 BUDGET Budget II. PROPOSED 2015-2016 BUDGET 14-01284 Summary Form.pdf DI.1 14-01285 City Commission DISCUSSED Chair Gort: DI 1. Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management & Budget. The books closed on Januaty 13. We're now one quarter of the way through the year, and there're really no material anomalies to report to the Commission. We are keeping an eye on a few things in the Police Department, like we've reported in the past. Overtime is a concern with some of the protests that have happened over the last few months and we're watching that. And there are a few unexpected expenditures in the Police Department, most notably -- well, two of them -- one for laptops that are aging. We've determined we need to get those replaced soon, and we have a small software package for personnel matters that will help us put, we believe, two more officers on the street if we get things even better, more tight when we get them out there. So at the moment, those are the things that we're watching. Next month will be the first one that we bring projections back to you. Any questions? Chair Gort: Thankyou. Is any questions? Thankyou, sir. Mr. Rose: Thank you, Commissioners. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 14-01285-Submittal-City Manager -Police Department Hiring and Staffing Update Memo.pdf City of Miami Page 51 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 DISCUSSED Chair Gort: Discussion on status of hiring police officers. Rodolfo Llanes (Chief of Police): Good morning. Chair Gort: Good morning, sir. Chief Llanes: Rodolfo Llanes, Chief of Police. That felt good to say, okay. In 2014, we hired 101 police officers, with a net gain of 48. Since the last Commission meeting, we've hired five officers; that includes one more, which is six year-to-date in 2015. Two officers are awaiting medical clearance; nine candidates are undergoing background, and the estimated hire for those are in February Forty-one applicants are undergoing psychology testing right now. The recruitment drive that opened January 12 through the 16 received 2,172 applications. Chair Gort: Thank you. Let me ask you a question. The background is still being done by us? Chief Llanes: Yes, sir. Chair Gort: Because I saw at the consent agenda we have a contract with FDLE (Federal Department of Law Enforcement) also to help us in the background checks. Chief Llanes: Those are -- Chair Gort: Well, that's a separate item. Chief Llanes: That's a separate item. It's a one-time for the entire City. You have to -- Chair Gort: Okay. Chief Llanes: -- do a background check -- Chair Gort: Got it. Chief Llanes: -- for criminal violations through FDLE. Chair Gort: Okay, thank you. Commissioner Sarnoff. Chief. Chair Gort: Any questions? Commissioner Sarnoff. Yeah. Chair Gort: Yes, sir. Commissioner Sarnoff. Chief real quick, you indicated five have been hired, so 1,157 was your December total. Does that mean I now go to 1,162? Chief Llanes: I have 1,158, and so the number there is a moving number. I don't know -- Daniel J. Alfonso (City Manager): There's pluses and minuses, sir. Commissioner Sarnoff. No, I get it. So then you had some people separate, right? Chief Llanes: We did. And we have some -- City of Miami Page 52 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Sarnoff.. How many people do you have presently that you consider a rookie that cannot be out on their own? Chief Llanes: On their own? Commissioner Sarnoff.. Yes. Chief Llanes: A hundred and seven. Commissioner Sarnoff.. You have 107 people that are presently hired, part of the 1,158 number Chief Llanes: Yes. Commissioner Sarnoff.. -- that just through their training process are not far enough along to be patrolling the streets of Miami? Chief Llanes: Well, 107 total in the program. There's two months that are solo, which they're out on their own already patrolling -- Commissioner Sarnoff.. Yeah, let me -- Chief Llanes: -- but they're still part of FTO (field training officer) program. Commissioner Sarnoff.. Let's try a different way. Of the 107 officers that are hired, how many have gone through the academy? Chief Llanes: All of them. Commissioner Sarnoff.. Okay, that's good. That's what I was hoping you'd say. Of those 107 officers, none are presently on patrol. Chief Llanes: All are present and on patrol. They are riding with an FTO or in a solo program of the FTO program. Commissioner Sarnoff.. So they are -- Chief Llanes: They are out in the -- Commissioner Sarnoff.. How many FTO officers you have? Chief Llanes: We have currently 38. Commissioner Sarnoff.. So 38 FTO officers. And is it correct to say that you come out of the academy and the first thing you have to do -- well, let me not say "the first thing." One of the things you have to do is you have to be field train officer trained? Chief Llanes: We do a four -to -six week scenario -based training before we put them on the street, and then we do put them on the street. The first three months are with an FTO officer and the second phase is two months on their own where they're evaluated by an FTS, field training sergeant, as to how they work on their own. Commissioner Sarnoff.. All right. Of the 107, how many are with FTS? City of Miami Page 53 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chief Llanes: I don't have that breakdown, sir. Commissioner Sarnoff. Of the 107, how many have -- are in the FTO? Chief Llanes: All 107 are in the program. I couldn't tell you which of the 107 are riding with an FTO and which are on the solo process. Commissioner Sarnoff. So ifI was a plumber and I was looking at this pipe, I would see the pipe probably four inches round and then I would see a crimp in the pipe about two inches, and the crimp might be the number of field training officers you have with regard to 107 that need something done. Is there a crimp in that pipe? Chief Llanes: The numbers look that way. I haven't -- the union has a concern about the number of officers that we have training, but I haven't heard from the administrators of that program that there is an alarm to be sounded at this time. Commissioner Sarnoff. Yeah, I don't want to talk about alarms, and I don't want to get alarmed, and I don't want to play -- Chief Llanes: Is it (UNINTELLIGIBLE) -- Commissioner Sarnoff. Actually, I don't want to play your game -- Chief Llanes: -- you should have more. Commissioner Sarnoff. -- I don't want to play at your game of alarms. I want to know of the 107 officers, is there any delay as a result of not having enough FTOs? Chief Llanes: Is there a delay? No. Commissioner Sarnoff Okay. Chair Gort: Chief for the sake of the public, explain what FTO stands for. Chief Llanes: It's a field training officer. Officers, when they graduate the academy, they have to go -- I guess you would call it an "apprenticeship program" where they ride with a seasoned officer; that officer evaluates them on a daily, weekly and monthly basis based on a curriculum that is developed for these officers so that when they encounter a certain call, the officer evaluates them on how they handle that certain call. Chair Gort: Thank you, Chief. I think it's important for the people to understand that. We just don't put a rookie in the street right away. Chief Llanes: No. Commissioner Sarnoff. And would you do me a favor? Because I'd like to know from my office's standpoint -- and I don't need to take up the Commission's valuable time -- I want to understand how 107 officers can be trained by 38 FTOs -- Chief Llanes: Sure. Commissioner Sarnoff. -- and not be delayed. Chief Llanes: Okay. City of Miami Page 54 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Sarnoff. That's all I -- you know -- Chief Llanes: Okay. Commissioner Sarnoff. -- come to my office and I just -- so I understand it. Chief Llanes: Sure. Commissioner Sarnoff. Thank you, Mr. Chair. Chair Gort: Thankyou. Anyone else? Vice Chair Hardemon: Mr. Chair, I have a question. Chair Gort: Yes. Vice Chair Hardemon: Through the City Manager. We know that the police just started a -- well, on television we saw that there is a new surveillance system that is on Biscayne Boulevard, and I requested to have the application that was sent to the Federal Government for that grant, and I have not received the application so that I can review it. Chief Llanes: You are correct. Vice Chair Hardemon: When will I have the application? Chief Llanes: Sir, I apologize. That's my delay. Unfortunately, we -- that grant is managed by both us and Fire, and so we're trying to get the documents to you. That's my delay. Daniel 1 Alfonso (City Manager): Thank you, Chief. Vice Chair Hardemon: When can I -- Mr. Alfonso: I have requested it; I'm waiting for that so. Vice Chair Hardemon: When do you expect me to be able to have it? Chief Llanes: I -- we would -- you'll have it by tomorrow. Vice Chair Hardemon: Thank you very much. Chief Llanes: Yes, sir. Chair Gort: Thankyou. Anyone else? Thankyou, Chief. Chief Llanes: Thank you, sir. DI.2 DISCUSSION ITEM 14-00332 City Manager's Office DISCUSSION REGARDING ANNEXATION. 14-00332 Summary Form.pdf 14-00332 Annexation Feasibility Study.pdf 14-00332 Maps.pdf City of Miami Page 55 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 DISCUSSED Chair Gort: DI2. Christopher Rose (Director): Good morning again, Commissioners. Chris Rose, Office of Management & Budget. DI2 is a discussion item regarding annexation. Let me get to the bottom line. We are looking for direction from the City Commission as to whether or not to prepare the package to present to the County regarding the four areas that are in your package. Let me give you a little history on it. Mr. Mayor, good morning. Several years ago, District 1 asked the Administration to look into annexation in that area. The Administration engaged the Florida International University Metropolitan Center, Dr. Maria Ilcheva. She did a stuck for us. It's in your package. We worked with them for several months to make sure that the numbers were accurate and up to date. And we've met several times; three times or more with County staff to discuss the issue. You'll see that there are four areas in the package. You've got maps of all of it; revenues and expenditures are in there, and the Administration would like to move forward with putting the package together. 171 take any questions you may have. Chair Gort: Well, I have to tell you, I spoke to the Commissioners involved, the County Commissioners involved in this area, this one area that I think that should maybe left out at this time because of the certain research that has to be done within that area, and -- which is the Blue Lagoon area. If you can go over and show the map and let the people know what the -- we're looking at, it'll be important. Mayor Tomas Regalado: Chairman. Chair Gort: Yes, sir, you're recognized. Mayor Regalado: Just a historical moment, because this issue has been before this Commission like 12 -- I remember 12, 13 years ago, and I remember that at the time, I was a sitting member of the Commission and we asked the Administration -- that we brought FIU (Florida International University), the same entity, and they did a report about Little Gables and Melrose. Those two areas were logical for the City -- to be part of the City, because they were enclaves within the City of Miami. After that, the residents of Little Gables had an election and they voted to become part of Coral Gables. That's an ongoing issue with Coral Gables. And as you know, Commissioner Rebecca Sosa also represents that area, and as you know, you mentioned -- we had met with her, and she wants to study more the Blue Lagoon area, but I think that we should focus on the Melrose area. The Melrose area makes sense for the City of Miami. It's only a few feet away, all the Melrose area from the City of Miami. The 27th Avenue corridor separates the unincorporated Miami -Dade County and the City of Miami. In fact, we get -- and I'm sure that you do -- a lot of calls and requests from residents and merchants of Melrose in terms of traffic lights and stop signs and all that. It seems to be very confused as to what authority is Melrose. I believe that it would be in the best interest of the City that this board will direct the Administration to follow up with Melrose. It is important. I remember also that Commissioner Teele asked at that moment to look into unincorporated Liberty City, and I know that the Vice Chair is also -- has also mentioned that. At the time, he said -- and we believe and the board did -- that it makes sense because of the jurisdiction. So I think that this is something that the City should consider. I think that the County is moving forward in allowing municipalities to annex some properties. They just allowed Sweetwater to annex the International Mall, which is a big deal for Sweetwater. So I think this is a good conversation, and I hope that we can look at the Melrose area and also the unincorporated Liberty City. I know that the County is not looking so much at Blue Lagoon for those changes, but this is something that we should consider. And I want to thank Chris and Fernando and the Manager for the work that they're doing. But I do think that we should today, have some kind of direction to move forward with the study. I think it will be a waste of time if we do now Blue Lagoon, because the County is trying to look more into in terms of zoning, in terms of development, but Melrose, I know and some unincorporated Liberty City. Thank you. City of Miami Page 56 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: Thank you. Chris, you want to go over the process you all have been going on for about a year, I believe, in talking to the Administration and so on? Mr. Rose: Yes, sir. We did engage the FIU Metropolitan Center, and they prepared a report. We realized that some of the numbers in there were stale and we needed to update those numbers. We also checked all of the revenues and expenses that were in the report. And I may not have mentioned it before, but each of the four areas is a net positive for the City, so it would -- the Administration would like to move forward with all four, but it is at your pleasure, as you give us direction. The process after today is that the Administration would begin preparing the package, and according to County Code, the next step is a public hearing with the package complete, so you Commissioners will have another bite at the apple, as it were, to look at this. I would like to see if we can prepare all of the areas and, at that time, make a final decision, but it is completely Chair Gort: In other words, what you're stating, that before it goes to the County Commission, it'll be coming back to us? Mr. Rose: Yes, sir. Chair Gort: Okay. Mr. Rose: And it -- there are a lot of things to work out between now and then; zoning -- Chair Gort: Sure. Mr. Rose: -- we've talked about, but we will continue to meet with the County, if we move forward. We will continue to put these numbers together. It will not be a short process or a small package when it comes back to you. Chair Gort: I understand As a courtesy, I want to make sure -- I meet with each of the County Commissioners to get a deal with (UNINTELLIGIBLE), so -- to inform them. I'm sure the Administration -- the County Administration is informing them on what's taking place, but I would like to do it personally. I already have meetings set up with the two Commissioners and the chairman. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. So, candidly, let me be honest. I mean, I've always -- was told -- and I didn't pay close attention as the Chair probably has -- that this was coming to us, Blue Lagoon and Melrose. You said that it's a net positive. What factors go into your determination that each one is a net positive? Mr. Rose: We looked at them separately, each of the four areas. Commissioner Sarnoff.. Right. Mr. Rose: We looked at the revenues that would be generated in each of those areas and then we did our best effort -- Commissioner Sarnoff.. And revenues are what? Mr. Rose: Property taxes, parking surcharge, all of the revenues that are City revenues. City of Miami Page 57 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Sarnoff. So ad valorem; you said parking surcharge. Mr. Rose: Parking surcharge, storm water utility. Daniel J. Alfonso (City Manager): BTRs (business tax receipts), anything that the City has right now as some kind of fee or whatever that would apply to businesses and residences in that area; solid waste collection fees, et cetera, et cetera. Commissioner Sarnoff. Okay. Mr. Rose: Charges for service, permits, all of these things. Commissioner Sarnoff. And then from the expense side -- Mr. Rose: We looked at each department, determined with the department what the level of service was -- that was necessary to provide services in that area. Some departments needed additional staff, additional trucks, you name it. We've got all that in the report. We then just looked at revenues over expenses, simple math, and each one of them was a net positive. Commissioner Sarnoff. To the resident or business owner, is it a net positive for them in terms of there would be more police officers, more services, more and more -- what -- you get what I'm saying? Mr. Rose: I do, sir. Commissioner Sarnoff. Now, have you done -- Chair Gort: I can answer that for you. Commissioner Sarnoff. Okay. Chair Gort: I get a lot of calls from that neighborhood because they don't receive the service. They're -- a hole within the County services, so for them to provide service is not that easy for them. So that's something -- and at the same time, this has got to be -- the voters have to vote on it, so it's not our decision; it's their decision. Mayor Regalado: No, but it's also, Commissioner, important to look a few years from now, and the Chairman understand that is -- that's his district. And the Miami River will be more important as the Panama Canal move forward and as the Port of Miami accommodates bigger ships. The Miami River will be more important for the smaller ships. And that area is the future, the Melrose area, in terms of that corridor of North River Drive, so -- and like the Chairman, we get calls from residents because they say that for the Metro -Dade Police to come, they have to come from the airport. That's the nearest station to service, and also Fire, so I -- you know, I think that's something that we should consider. Chair Gort: Thank you. I'm sorry; I didn't mean to interrupt you, Commissioner Sarnoff. Commissioner Sarnoff. No. I -- you know, Mr. Chair, I don't get to talk to you about this. I guess, potentially, it was going to come before us and -- Chair Gort: Right. Commissioner Sarnoff. -- I've never heard them separated. I always heard Blue Lagoon and Melrose together, and I've never heard of the idea of separating the two. City of Miami Page 58 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 DI.3 14-01264 City Manager's Office Chair Gort: Well, the meetings that I've been having had suggested I do that, so that was the -- my suggestions. But if they can come up with all four studies, maybe we can change our minds later on. I mean, it's got to come in front of us. It'll be a while before it can come in front of us, butt would like to have a motion -- yes, Mr. Aguirre. Horacio Stuart Aguirre: Chairman Gort, thank you for your indulgence. Horacio Stuart Aguirre, with H.S. Aguirre & Associates, 2730 Southwest 3rd Avenue, Suite 403. We oversee the management of the Aguirre Craigie family investments which, in this particular area, includes six acres that front State Road 112, which is the airport expressway. We're at 29th Avenue, which is a block and a half west of the City of Miami frontier on 27th Avenue. We're paying over $125, 000 in real estate taxes and we're getting zero benefit. By way of background, I assisted Jerty Sanchez. And for some of you older folks, you'll remember that Jerry Sanchez was the original pioneer for the South Beach concept, along with John Henson, with Carlos Arboleya when he was at Barnett Bank. We helped make South Beach what it is today. In the late '80s and early '90s, I assisted Larry Mizrak with his dream of turning the old World War II era Wynwood Industrial District from a sewing and cutting zone to the high fashion district and the high -rent district that it is today. I am thoroughly convinced that we can replicate those efforts in the Melrose area and strongly encourage you go forward. Chair Gort: Thankyou, sir. Anyone else? Any further discussion? You don't need a motion. We need instruction from this to continue it or do you need a motion? Mr. Rose: We do not need a motion; just clear direction. Commissioner Sarnofff. Yeah. Chair Gort: Yeah. Commissioner Sarnofff. I mean -- Chair Gort: Go ahead. Commissioner Sarnoff.: -- from a consensus, I think there's all consensus. Chair Gort: Thankyou. Vice Chair Hardemon: And we just want to make sure in the things that the Mayor said are taken into consideration also. Mr. Rose: Yes, sir. DISCUSSION ITEM DISCUSSION OF PROPOSED CITY MOTTO. 14-01264 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item DI.3 was continued to the February 26, 2015 Planning and Zoning City Commission Meeting. City of Miami Page 59 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 DI.4 14-01308 City Commission DISCUSSION ITEM RECOMMENDATIONS FROM THE CITY ADMINISTRATION AND CITY ATTORNEY REGARDING THE CIVILIAN INVESTIGATIVE PANEL (CIP) INDEPENDENT REVIEW COMMITTEE'S REPORT. 14-01308 Motion.pdf 14-01308 IRC Report.pdf 14-01308 Back -Up - Administration.pdf 14-01308 Draft Ordinance - Law.pdf DISCUSSED Chair Gort: DI.3. Daniel 1 Alfonso (City Manager): DI3 was deferred so DI4. Chair Gort: DI4. Mr. Alfonso: Civilian Investigative Panel Independent Review Committee's report. Victoria Mendez (City Attorney): Chairman and Commissioners, basically, in your packets you have a rough draft regarding the future changes that are possible to the CIP (Civilian Investigative Panel) ordinance. This was based on a directive that I received from you about a month and a half ago with regard to making changes to the ordinance as recommended by the Independent Review Committee. Obviously, those are just suggestions and put in a draft form of ideas that should be changed based on that Independent Review Panel's recommendations. They are not the end-all be-all. Obviously, there are stakeholders in the community that would like to make recommendations as well, and I believe that the CIP panel will be having its own subcommittee that will be addressing things and holding workshops to add to this revision or revamp of the ordinance. So this is just pretty much the beginning of a process. I know that the Commission wanted something that was a little shorter in time frame, but based on the request from the CIP and the Coalition, they want to also be able to participate, but this is just the first step. Chair Gort: Okay, thank you. Yes, sir. Nzeribe Ihekwaba: Good morning. Zerty Ihekwaba, Assistant City Manager. The City Attorney just made a presentation that addresses the very first five recommendations. In total, there are eight recommendations made by the CIP/IRC (Civilian Investigative Panel/Independent Review Committee), so the ordinance -- the proposed ordinance will address five of those; the remainder of the three ordinances -- recommendations. First part of your recommendation number 6 and 7 applies to the Miami Police Department. The Chief of Police have indicated that a liaison has been appointed by the Police that's going to work with the CIP, and that will be communicated via memo. The second -- the seventh recommendation has to deal with the appearance of police officers during the processes of investigation or at the hearing that the CIP Board is going to have; that also will be addressed through legislation. The last recommendation is recommendation number 8, which has to do with the location of the CIP office. The City Administration is of the opinion that the present location is suitable. It is accessible to the public, it's on a public transit route, and there's ample parking at that location. So we conclude that there will be no budgetary impacts if we were to retain the offices at the present location. Thank you. Chair Gort: Okay, thank you. I understand we have people in the public like to speak. Horacio Stuart Aguirre: Mr. Chairman, Horacio Stuart Aguirre, as chairman of the Civilian City of Miami Page 60 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Investigative Panel, City of Miami. As far as the item regarding the physical facilities of the Civilian Investigative Panel, we're comfortable taking that question off the table. We're very willing to stay where we are and make do with what we have. I thank Assistant City Manager Ihekwaba and City Attorney Victoria Mendez for their enthusiasm in helping us, but I am concerned that we may be rushing into something that truly is overdue. This revision project should have started several, several years ago; it didn't. But to start right now and rush it before the Civilian Investigative Panel has an opportunity to review it and air it out, I think is premature. I would respectfully request that perhaps we could delay this at least 30 days. Thank you, sir. Chair Gort: Thank you, sir. Yes, ma'am. Julia Dawson: Yes. Julia Dawson, 1701 Southwest 4th Avenue. I'm part of the community coalition that's worked on this issue for the past four years. I absolutely agree that this should be deferred. I think that 30 days is, in my honest opinion, inadequate. It took us four years to get to the point where we are now, and many of the reasons it took so long was that the ordinance as it is currently written really is, quite frankly, a mess. It did not provide the guidance that was needed; it did not provide the clarity that the public and the CIP is entitled to; and there are many, many things in it that need -- excuse me -- to be addressed. This is envisioned by the Independent Review Committee to be a collaborative process. They named the parties who might have an interest in this. Those parties have not met. What has happened is that the City Attorney's Office has jumped the gun and assigned the attorney for the Police Department to do revisions to the ordinance that will apply to the CIP and how their civilian oversight will be addressed in the ordinance. I would submit that that is inappropriate; it is a conflict of interest; it is a way of handing the keys to the hen house to the fox, and the revision should in no way come initially from the City Attorney's Office. It should come from the collaborative body that the IRC defined in its report. So I would ask that this be deferred until the CIP and the committee, the subcommittee there that will address ordinance revisions has been formed has had the opportunity to pull together the stakeholders, the people from the community, the people from the Police Department, the police -- the people from wherever, because their description is extremely broad. Anyone who wants to have input in this should have input in it and should have had input from the very beginning and not as an afterthought to what the Police attorney has drafted to define the CIP. So I respectfully request that this be deferred and not for 30 days; I would say for a minimum of 90 days to allow this process to come to fruition. This is the culmination of four years of work, and it is neither reasonable nor realistic to ask that culmination be satisfied in a 30-day period There is more time that is needed for the community to do this. Chair Gort: Thank you, ma'am. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. Can I just say something with your -- Chair Gort: Sure. Commissioner Sarnoff. -- permission? You know, I'm not the one that usually talks about collaboration and everybody getting along and -- you know, I don't know if you know how many times the Declaration of Independence was drafted Does anybody here know the answer? Had 36 revisions, okay. Does anybody know how many times the Constitution was drafted? Had over 140 revisions. Now, you know, I sit up here, and I'm sure, as my colleagues do, especially the Chair, and you know, we certainly want to get to the business of the City of Miami. And it seems to me -- I look at the City Attorney, a person I certainly supported a person I absolutely City of Miami Page 61 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 continue to support, and she is actually a very nice person, as well as being a very good lawyer. To my ACLU (American Civil Liberties Union) colleagues over there who are considering putting a -- some glue back on my ACLU card and maybe after they tore it up years ago, you know, I would say to you all, you certainly have a perspective. I don't quite understand -- and it doesn't matter to me -- who the primary drafter of the anything is. Who put -- let me finish. Who puts pen to paper is not so important to me as to what the end product of that paper inevitably will be, as long as everybody's invited to the table. Now, I received the e-mails (electronic) of the City Attorney, and I always read the ones that say, j5lease do not respond, 'because she is trying to communicate to all of us at one time. And then she is offering a collaborative process. I don't understand why we have to dictate practice up here when all we have to be are good human beings and all we have to do is communicate with each other. Here's my thought: I think the Chief of Police should be subject to my whim whenever and wherever I want. I don't think she's going to like that, but that's your position. She turns around and says, "The City Manager shall never have to come before your board, " okay. You may not like that, you know. But my point is this doesn't have to come to the Commission. This should come before a process, and you can do two pages: This is what we agree on; this is what we don't agree on. But I don't understand why you have to come back to this Commission time and time again about timing, practice -- Everybody here is a -- are reasonable people, and I think they just want to get this thing done. And I don't think it's a good idea for us to micromanage this process. Mr. Chair, I apologize, and -- but I thank you for my indulgence. Chair Gort: No problem. Yes, ma'am, you're recognized. Jeanne Baker: Thank you. Jeanne Baker, from the ACLU of Miami and also, like Ms. Dawson, on behalf of the coalition. I actually agree with certainly the spirit of what Commissioner Sarnoff has just said. The only point I would like to make is to distinguish between the process and the content. I think that the content of proposed revisions to the ordinance should absolutely be deferred. I do think, as Ms. Dawson has said, that it will need more than 30 days to come back to you with any work product, and that process -- the content will be, we hope, the basis of -- put together through a collaborative process, a committee process. It would be very nice if the Commission today, either by tacit approval or perhaps expressed approval, puts in (UNINTELLIGIBLE) of approval on the process that the IRC has recommended, and I -- I'm hearing that from the comments certainly from Commissioner Sarnoff, but it hasn't been stated explicitly by the Commission. The IRC recommends this collaborative process, which will have all the stakeholders included; that process has already been begun by a CIP committee being formed, and the CIP committee is going to invite all the stakeholders in, and I hope that the Commission does not defer approval of that process, but as I said, either tacitly or expressly approves that process and certainly defers any discussion of content of proposed revisions for, we hope, 90 days. Commissioner Sarnoff.. Mr. Chair. Chair Gort: Thank you. Yes, sir. Commissioner Sarnoff.. Here's what I'm stuck with. We are debating exactly what was debated in the Vietnam War: what size and what shape should the table be to start negotiations, and that took them three years, and this reminds me of that conversation. Ms. Baker: I hope that it'll only take the next three minutes or three seconds for the Commission to approve the process that's in place. Chair Gort: Thank you. Anyone else? Let me ask a question. My understanding is the people that are working on this, like yourself you've been working for four years; you're a very intelligent individuals; and I think you have a lot of smart individuals getting together. I think what the Commissioner is saying is you come up with your recommendations, put them together, City of Miami Page 62 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 and then we decide later on, but -- Unidentified Speaker: That's correct. Chair Gort: Yeah. Commissioner Sarnoff. I'm -- Chair Gort: That's -- my understanding -- Commissioner Sarnoff. (UNINTELLIGIBLE). Chair Gort: -- that's what she recommended. Commissioner Sarnoff. Yeah. Just sit down at a table. All -- how 'bout this, Madam City Attorney, a directive from the Commission: For three two-hour periods, would you sit with anyone who -- I don't care if the person comes from Los Angeles. That shouldn't be a stakeholder in the City of Miami, but I don't know care. If they have something they want to put into this, let them put it into it. Chair Gort: Let me tell you what the problem is. No, I got it. I got it. Their problem is that they believe there's a conflict of interest for the -- for our attorneys to do that. They want to have some independent person do that. Ms. Baker: The CIP. We want the CIP to spearhead it, not the City of -- Commissioner Sarnoff: Who the scribe is is not so important as to what the ultimate document is. Ms. Mendez: I just wanted to say, the City Attorney's Office is committed to working on a collaborative process. I recommended that they have a CIP subcommittee in order to air out everything. So you have our commitment, the City Attorney Office, to work with the community, to work with CIP. We were just trying to assist, because their resources are low right now, in drafting and assisting and giving a framework. We do not want to take this over, lead this, steer it off the road. We're just trying to assist in bringing it together sooner rather than later, but I understand all your concerns; just so that it's not another four years before we have a rewrite. That is all we were trying to do. Chair Gort: Yes, sir. Mr. Aguirre: Mr. Chairman, Horacio Stuart Aguirre, chairman of Civilian Investigative Panel. You have more important things to do today. Why don't you allow Ms. Victoria Mendez and me a couple of hours to work this out amongst ourselves? She extended a lunch invitation to me when she first became City Attorney, which we postponed; we're going to take that backup again. We can work this out by -- amongst ourselves. Chair Gort: Yeah, but you need to understand she did that because she knows you're a gentleman and you're the one that going to pay for the lunch. Mr. Aguirre: She knew that, she knew that. And you know me that well, too, so I appreciate that. Ms. Mendez: Under $25, though. Mr. Aguirre: Ms. Mendez -- you'll get your $5. Victoria and I can work this out amongst ourselves. You can move on to more glamorous things right now. City of Miami Page 63 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: Thank you. Any further discussion? Okay, thank you. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Gort: Chair Gort: Good afternoon. Welcome to City of Miami Commission meeting. We got to wait for two more Commissioners. Victoria Mendez (City Attorney): In Spanish, Mr. Chairman? Chair Gort: Yes. Todd B. Hannon (City Clerk): We're waiting on our -- we're waiting on the Spanish interpreter to come back from lunch. Ms. Mendez: Okay, so 171 say it in Spanish. COMMENTS IN SPANISH NOT TRANSLATED. Ms. Mendez: Chairman, I'll read the procedures into the record for the Planning and Zoning portion of the meeting. Chair Gort: Please do so. Ms. Mendez: P&Z (Planning& Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. 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 7.1.45 of Miami 21 Zoning 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 the 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 more than two minutes, unless modified by the Chair. The City of Miami requires that anyone 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 a part of the agenda materials will be entered into the record at the City Commission's discretion. Chair Gort: Mr. Clerk. Mr. Hannon (as translated into Spanish by Chair Gort): Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered the 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. We have to wait for -- do you have any items you want to take out, defer or --? City of Miami Page 64 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Francisco Garcia (Director, Planning): Yes, sir. For the record, Francisco Garcia, Planning & Zoning director. And I believe that we may have quorum. So yes, the first order of business is I would like to propose -- and of course, the respective applicants are here to address these issues. I would like to propose that items PZ.1, PZ 2, PZ. 3, and I'll skip over to PZs. 7 and 8, that these five items be continued. Chair Gort: Okay. It's been moved by Commissioner Sarnoff second by Vice Chairman Hardemon. All in favor, state it by saying Lye. "Aye. Mr. Garcia: Sir -- I'm sorry, Commissioner. I wasn't specific enough. And I was going to ask if you wish to so entertain that we might continue them to a date certain. I apologize. I -- Chair Gort: Okay. Mr. Garcia: -- first asked whether there was a willingness to continue them. Chair Gort: The next board meeting. Mr. Garcia: Thank you, sir. And if that is -- Mr. Hannon: I'm sorry, Chair. Are we talking about Februaty 12 or Februaty 26? Chair Gort: Twenty-six. Mr. Hannon: Thank you. Mr. Garcia: The 26th at the earliest, yes. In the case ofPZ.3, I understand that the wish of the applicant was to continue it to the month of March, if I'm not mistaken. Mr. Hannon: Which day in March? Mr. Garcia: It would be the P&Z meeting, yes. Mr. Hannon: Okay. Chair Gort: Yes, sir, you're recognized. You want to speak on the deferral? Elvis Cruz: Yes, sir. Thank you, Mr. Chairman. Elvis Cruz, 631 Northeast 57th Street, regarding PZ.7 and 8. That item went before the PZAB (Planning, Zoning & Appeals Board) on November 19. Chair Gort: Okay. Mr. Cruz: It has been over two months. We have been doing much preparation. We have been planning and scheduling. One of the citizens, who's going to be here, is a medical doctor, who had to cancel appointments with all of her patients in the afternoon in order to be here for this hearing. We ask that it be heard today. Chair Gort: Okay, thank you. Anyone else? Hearing none, seeing none -- yes, sir. Peter Ehrlich: Good afternoon, Mr. Chair and Commissioners. Thank you very much. I also am here on PZ. 7 and PZ 8. Commissioner Sarnoff. You're not the medical doctor, are you? City of Miami Page 65 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Peter Ehrlich: No - Commissioner Sarnoff. Okay. Mr. Ehrlich: I'm not the medical doctor. She's on her way. And I'm a stakeholder with property two blocks away from the subject site, so I guess you'll discuss it, but I am also here to present on that item with Elvis. Thank you very much. Chair Gort: Thank you. Yes, sir. Alfred Sasiadek: Hello, Chairman. My name is Alfred Sasiadek, 463 Northeast 55th Terrace, and all I want to say is I want to hear that -- hear it today as well. We've had too many continuances on so many items that I've been here for. Thank you. Chair Gort: Okay, thank you. Anyone else? Anyone else? Seeing none, hearing none, close the public hearings. Commissioners. Vice Chair Hardemon: I have a question. It goes a little bit of outside of PZ 1, 2, 7 and 8. It's referring to PZ 6. When the companion item that wasn't accompanied with it at the last PZ hearing came before us, I know we discussed having the development agreement being heard at the same time as that companion item. Mr. Garcia: That would be correct, sir, for second reading, and so what we're doing today is we're hoping to have this item heard on first reading so that on second reading, both the zoning change and the development agreement can be heard together on second reading. Ms. Mendez: It's basically catching up. We're having the first reading today and then they'll all catch up at the next hearing. Chair Gort: This is on PZ 6. Ms. Mendez: That's PZ 6. Chair Gort: Right, okay. What's the wish of the Commission on PZ8? Vice Chair Hardemon: What's the reasoning that they need the continuance for PZ. 7 and 8? Mr. Garcia: The reason, sir, as I am advised, is that there has been a change of counsel in the application. I was hoping that new counsel might be here or perhaps even previous counsel might be here. They might have come up if they were, I suppose. But again, the reason specifically is that there has been a change of counsel and new counsel, which has been recently retained, has not had an opportunity to come onboard just yet. Chair Gort: Okay, thank you. Sir, the public hearing was closed. Unidentified Speaker: May I --? Chair Gort: I asked if anyone else want to come. Are you the new counsel? Dean DiBartolomeo: I am one of the attorneys for that particular item. I am not the present -- oh, I'm sorry; he's right there. Ben Fernandez: Mr. Chair, sorry. I'm here on this item. I believe that the Planning Department is supporting -- Ben Fernandez, 200 South Biscayne Boulevard. -- a deferral of the item to the City of Miami Page 66 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 March agenda. We are in the process of revising the plan. Also, my client happens to not be available for this hearing; he's out of town in Europe. And we would ask that you -- we have a favorable staff recommendation, but we want to try to work with the neighborhood, and we'd like to come back to you at a later date. Chair Gort: Okay. Vice Chair Hardemon: I don't have any questions. Chair Gort: Thankyou. Vice Chair Hardemon: No, I'm comfortable moving forward with the continuance. Chair Gort: You're not? Vice Chair Hardemon: I am comfortable. Chair Gort: You are? Vice Chair Hardemon: Yeah. Chair Gort: Okay. I need a motion and a second. Commissioner Sarnoff. So move. Vice Chair Hardemon: Second. Chair Gort: Moved by Commissioner Sarnoff second by Commissioner. Mr. Garcia: If I may, if that is so -- I'm sorry to interject briefly. But 1 believe counsel's request is then to defer it to the March Planning & Zoning meeting, which would then mean, if you were so inclined, that both items PZ 3, PZ 7 and PZ 8 would all three be continued or rather deferred to the March Planning & Zoning meeting, but items PZ 1 and PZ 2 would be deferred to the February PZ meeting. Chair Gort: Okay. Does the maker of the motion understand? Commissioner Sarnoff. I think I do. Chair Gort: Seconder of the motion? Vice Chair Hardemon: Yes. Chair Gort: Okay, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: My understanding is you're making some changes. You want to get together with the neighbors to make sure that you can comply with some of their requests. Mr. Fernandez: Yes, sir. Chair Gort: Thankyou. Mr. Fernandez: Thank you. City of Miami Page 67 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: Okay. Later... Chair Gort: Mr. Clerk, my understanding, you wanted -- Mr. Hannon (as translated by Maribel Alonso, official Spanish Interpreter): Yes, sir; one second, sir. Ladies and gentlemen, anyone speaking on items PZ. 11 and PZ.12, 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. Chair Gort: Good evening. Mr. Hannon: Thank you, Chair. Later... Chair Gort: Mr. Clerk, my understanding, you wanted -- Mr. Hannon (as translated by Maribel Alonso, official Spanish Interpreter): Yes, sir; one second, sir. Ladies and gentlemen, anyone speaking on items PZ. 11 and PZ.12, 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. Chair Gort: Good evening. Mr. Hannon: Thank you, Chair. PZ.1 ORDINANCE 14-00053Iu Second 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 §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. 14-000531u SR Fact Sheet.pdf 14-00053Iu Analysis, Maps & PZAB Reso.pdf 14-000531u Application and Supporting Docs.pdf 14-000531u Legislation (v2).pdf 14-000531u Exhibit.pdf City of Miami Page 68 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 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 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 Sarnoff, seconded by Vice Chair Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PZ 1 was continued to the Februaty 26, 2015 Planning and Zoning City Commission Meeting. PZ.2 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. 14-00053zc FR Fact Sheet.pdf 14-00053zcAnalysis, Maps & PZAB Reso.pdf 14-00053zcApplication and Supporting Docs.pdf 14-00053zc Legislation (v2).pdf 14-00053zc Exhibit.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: Motion to approve failed on March 19, 2014, by a vote of 4-7, thus constituting a denial. See companion File ID 14-000531u. PURPOSE: This will change the above property from "T5-R" to "T6-8-O". Item includes a covenant. City of Miami Page 69 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PZ 2 was continued to the Februaty 26, 2015 Planning and Zoning City Commission Meeting. PZ.3 ORDINANCE First Reading 14-00054zc PZ.4 14-00993sc 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 1445 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. 14-00054zc FR Fact Sheet.pdf 14-00054zcAnalysis, Maps & PZAB Reso.pdf 14-00054zc Application & Supporting Documents.pdf 14-00054zc Legislation (v3).pdf 14-00054zc Exhibit.pdf LOCATION: Approximately 1410, 1420, 1424, and 1432 NE Miami Place; 1415, 1421, 1425, 1433, and 1445 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: Motion to approve with conditions failed on March 5, 2014, by a vote of 3-5, thus constituting a denial. PURPOSE: This will change the above properties from "T6-24-0" to "T6-36A-O". Item does not include a covenant. Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.3 was deferred to the March 26, 2015 Planning and Zoning City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE A STREET APPROXIMATELY LOCATED City of Miami Page 70 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 AT THE PORTION OF SOUTHWEST 7TH TERRACE LYING WEST OF SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA. 14-00993sc Fact Sheet.pdf 14-00993scAnalysis, Maps & PZAB Reso.pdf 14-00993sc Application & Supporting Documents.pdf 14-00993sc Legislation (v2).pdf 14-00993sc Exhibit.pdf LOCATION: Approximately the portion of Southwest 7th Terrace that lies west of SW 8th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of 3 BroAmigo Development, LLC, and 3 BroAmigo Development One, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval by a vote of 7- 0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on November 5, 2014, by a vote of 7-0. PURPOSE: This will close the portion of Southwest 7th Terrace that lies west of Southwest 8th Avenue. 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 5-0030 Chair Gort: PZ.4. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.4 is a proposal for a street closure. This affects a portion of Southwest 7th Terrace, lying west of Southwest 8th Avenue. This particular item is in District 3, I am just noticing, so perhaps you'd like to postpone it until the district Commissioner is available? Chair Gort: Okay. Later... Chair Gort: Let me ask a question, Commissioner Carollo. PZ.4 is the street closure of Northwest [sic] 7th Terrace, Southwest 8th Avenue, and we didn't take it up because you weren't here. Commissioner Carollo: Do it. Chair Gort: Do you want to wait until 5:30 or do you want to do it now? Commissioner Carollo: Whatever you want. Chair Gort: PZ.4. City of Miami Page 71 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Carollo: Do it. Chair Gort: Go. Mr. Garcia: Thank you, sir. Item PZ.4 is before you as a resolution for the street closure of a portion of Southwest 7th Terrace lying west of Southwest 8th Avenue. Briefly, this is a narrow alley which presently has been incorporated into a surface parking lot. If one were to travel by it, it is essentially part of that surface parking lot. Because it is of no use to the general public, we are recommending approval of the closure as requested. It has been recommended for approval by all the lower boards, and your departments are recommending approval, as well. Any questions, I'm happy to answer. Chair Gort: Thank you. Yes, ma'am, you're recognized. Ines Marrero: Yes. Good afternoon, Mr. Chairman, members of the Commission. My name is Ines Marrero. I'm an attorney with offices at 701 Brickell Avenue. I'm here on behalf of the property owners and the applicants, and we're requesting a road closure of a street that was created in 1909. When this was the fringes of the City of Miami, it was created by a 1909 plat, and it was created -- and I have a picture of the plat -- to serve a small residential subdivision. Commissioner Suarez: Move it. Ms. Marrero: No, no, it's interesting. I'll be quick. It was going to be -- all these houses -- there wasn't even 8th Street, and this is a block. This is between 8th Street, 7th Street, west of Southwest 8th Avenue. That's how old this is, and what was the plan and this never materialized and so we want to close it, create a development site and we have approval from the Plat & Street Committee and the Planning & Zoning Board. Thank you. Chair Gort: Thank you. This is a public hearing. Is anyone in the public would like to address this one issue? Seeing none, hearing none, we close the public hearing. Commissioner Carollo, you're recognized. Commissioner Carollo: Either move it or second. Commissioner Suarez: I'll let -- I'll be the second. Chair Gort: Moved by Commissioner Carollo; second by Commissioner Suarez. Commissioner Carollo: I just have one question, Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: And it's a question that I pretty much say every time that one of these items comes before the Commission. It's a question for Mr. Garcia or the City Attorney. Is this property owned by the City of Miami, or it's actually property that's going to revert back to the original owners? Mr. Garcia: That is correct, sir. As it is always the case in these items, this property will revert back to the abutting property owners. In this case, it happens to be the same property owner on both sides, and that is appropriate since there is no longer any public benefit. It doesn't take you from anywhere to anywhere and therefore, it serves no public purpose. Commissioner Carollo: And the City of Miami couldn't sell this property back to the original owner, correct? City of Miami Page 72 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Mr. Garcia: No, sir, because there are reversionavy rights attached to the alleyway. Commissioner Carollo: Perfect. No further questions. Thank you. Chair Gort: Okay, no further discussion. All in favor, state it by saying "aye." The Commission (Collectively): Aye. PZ.5 RESOLUTION 14-01186sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE THE CURVED PORTION OF THE RIGHT-OF-WAY APPROXIMATELY LOCATED AT THE INTERSECTION OF NORTHEAST 32ND STREET AND NORTHEAST 7TH AVENUE, MIAMI, FLORIDA. 14-01186sc Fact Sheet.pdf 14-01186scAnalysis, Maps & PZAB Reso.pdf 14-01186sc Application & Supporting Documents.pdf 14-01186sc Legislation (v2).pdf 14-01186sc Exhibit.pdf LOCATION: Approximately the curved portion of the right of way located at the intersection of Northeast 32nd Street and Northeast 7th Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of Thirty First Street Property Owner, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval by a vote of 6-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on December 17, 2014, by a vote of 8-0. PURPOSE: This will close the curved portion of the right of way located at the intersection of Northeast 32nd Street and Northeast 7th Avenue. Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, 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 R-15-0031 Francisco Garcia (Director, Planning & Zoning): If so, sir, then I would move to -- Chair Gort: PZ 5. Mr. Garcia: If that is the case, I will then move to item PZ.5, which is also a proposal for a City of Miami Page 73 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 street closure. This happens to be for a minute portion of the right-of-way in the Edgewater District, and it is to enhance the ability of the applicants as part of a large project which will, in part, also bring a park to the community -- I believe they will be presenting that as well -- to allow for that portion of the right-of-way to be included into the development and thus make better use of the site. I'll yield to you and the applicant. I should have said that our recommendation is for approval, as was the recommendation of all the lower boards unanimously. Thank you. Chair Gort: Thank you. Yes, ma'am, you're recognized. Iris Escarra: Good afternoon, Commissioner, Chairman. Iris Escarra, with offices at 333 Southeast 2nd Avenue. I'm joined this afternoon by 1 P. Perez of the Related Group and Iris Sanchez from Arquitectonica. Commissioner Sarnoff: What are we on? Vice Chair Hardemon: Mr. Chairman, can I be clear? This is PZ 6 or PZ.5? Chair Gort: PZ 5. Vice Chair Hardemon: Five. Ms. Escarra: Thank you, everyone. This is actually for a very small 1,200 square foot street closure that was a previous plat, included this portion here of the right-of-way for a previous project design that included a cul-de-sac on this particular corner. We are proposing to close and vacate this, and it's actually going to turn into a green space entryway into the project, so when coming down 32nd Street and turning to 7th Avenue, it's being incorporated into the project in this particular corner. The project is known as One Paraiso. It's one of the Paraiso Bay projects that's on the water, that's being proposed over the property with 300 or so units -- I'm sorry; 272 units, and this is the street closure associated with such. We have the recommendation of the Public Works Department, Planning Department, and your Planning, Zoning & Appeals Board. Chair Gort: Thank you, ma'am. This is a public hearing. Is anyone in the public would like to address PZ.5? Anyone in the public? Seeing none, hearing none, close the public hearings. Commissioners. Commissioner Sarnoff. Mr. Chair, I'd like to make a motion and I'd also like to point out to the Commissioners that Paraiso is responsible for a little less than an acre of park space that we did not have before. Chair Gort: Great. So it's a motion by Commissioner Sarnoff. Vice Chair Hardemon: There is -- Chair Gort: Second? Vice Chair Hardemon: There is. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Escarra: Thank you. City of Miami Page 74 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 PZ.6 ORDINANCE First Reading 11-01196da2 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT TO A PREVIOUSLY -APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (MDDRS SAP)" APPLICANT ENTITIES AND THE CITY OF MIAMI, FLORIDA, BY ADDING ADDITIONAL PROPERTY LOCATED AT APPROXIMATELY 220 NORTHEAST 43RD STREET, MIAMI, FLORIDA; TO THE PREVIOUSLY -APPROVED "MDDRS SAP"; FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE "MDDRS SAP" AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - FUTURE LAND USE MAP DESIGNATION AND THE MIAMI 21 CODE, THE CITY OF MIAMI ZONING ORDINANCE DESIGNATION; AUTHORIZING A DENSITY OF APPROXIMATELY 65 UNITS PER ACRE; AUTHORIZING A MAXIMUM BUILDING HEIGHT OF 81 FT.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT TO THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01196da2 SR Fact Sheet.pdf 11-01196da2 SR Legislation (v3).pdf 11-01196da2 SR ExhibitA.pdf 11-01196da2 SR Exhibit.pdf LOCATION: Approximately 220 NE 43rd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Javier E. Fernandez, Esquire, on behalf of 4201 NE 2nd Avenue, LLC and Miami Design District Associates, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will allow the City Manager to execute an amendment to a previously -approved development agreement. Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Chair Gort: PZ. 6. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.6, as previously addressed by Commissioner Hardemon, is the first reading of two of the development agreement for that block of land on north of the Design District which, by virtue of the change of zoning that was heard on first reading at the last meeting, would now be annexed over to the Design City of Miami Page 75 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 District. You've heard and approved on first reading the rezoning of that particular block of land Before you today is the development agreement proposal. The recommendation of the Department is for approval, as was the recommendation of the lower boards. Chair Gort: Thank you. Yes, sir. Javier Fernandez: Good afternoon. Javier Fernandez, with office at 150 West Flagler Street, here on behalf of 4201 Northeast 2nd Avenue, LLC (Limited Liability Company), the applicant. For the record, I must ask the Commission for a waiver, as my lobbyist certificate has expired, and I've been pending taking the class on February 12. I apologize for making this request. Victoria Mendez (City Attorney): It's not a waiver of it. It would be a deferral -- Chair Gort: A deferral. Ms. Mendez: -- or time for him to take it; the Commission cannot waive. Chair Gort: Thank you. Mr. Fernandez: Thank you for clarification. Commissioner Sarnoff.: How can we be assured that he would pass? Ms. Mendez: That's a different story. Vice Chair Hardemon: Yeah. I guess -- I now it's pretty tough now. Mr. Fernandez: I've done it before. It's not like an offer by way of assurance. Chair Gort: How many courses you've taken already? Mr. Fernandez: I think this will be my fifth -- Chair Gort: Okay. Mr. Fernandez: -- version of the same one. Okay, thank you. I appreciate that. Just a quick correction to the record: The header for the legislation just has a couple of quick errors I've discussed with the Law Department; I'd just like to clarify. It begins by reading "An ordinance of the Miami City Commission, with attachments, approving an amendment to" -- that language should be stricken. This is a stand-alone development agreement for this one parcel. That would continue to read "a" and then deleting through `previously approved"; and continue on to read, "development agreement pursuant to Chapter 163, Florida Statutes, between" -- and here it references two entities; it should only be one, which is actually 4201 Northeast 2nd Avenue, LLC. The balance of the applicants for the design district SAP (Special Area Plan) already are bound by an existing development agreement; hence, the clarification. Chair Gort: Okay. Mr. Fernandez: Okay. If you have any questions, Commissioners, I'm happy to answer them at this time. Chair Gort: Public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearing. Vice Chair Hardemon: You know how much I love development agreements, so I'm going to City of Miami Page 76 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 move to pass this or to approve this document -- it'll come up again before second reading. Mr. Fernandez: That's correct. Vice Chair Hardemon: I really want to be able to see both of them together to see how they impact one another. I really wasn't a fan of bringing them up separately, so they will come again, except the next time we'll probably have more discussion about what is within the development agreement, because, you know, we like what's happening in the Design District. We don't want to make it difficult for Design District, but you know, we all have our issues within the City of Miami that we would like to tackle so. Mr. Fernandez: Commissioner, I'm happy to sit down and discuss those issues with you at your convenience. Chair Gort: Okay. Victoria Mendez (City Attorney): If I may, Chairman -- Chair Gort: Yes. Ms. Mendez: -- just if -- between first and second reading, we're going to clarify whether this is truly an amendment to an existing development agreement or whether it's a stand-alone development agreement. So if we could just pass it both ways for now, and on second reading we will clarify that, because our understanding was that this was going to be an amendment -- Chair Gort: They were just -- Ms. Mendez: -- adding the language. Chair Gort: Pass it without the amendment. The amendment can be incorporated in the second reading. Ms. Mendez: Yes. Chair Gort: Okay. Ms. Mendez: That would be better. Because the way that we understood it is that it was going to amend. Chair Gort: You can't do both, okay. Do I have a motion? Vice Chair Hardemon: So move. Commissioner Sarnoff Second Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): Chair. Chair Gort: Yes. Mr. Hannon: Chair, it is an ordinance. City of Miami Page 77 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 PZ.7 14-00727Iu Chair Gort: Sorry. The Ordinance was read by title into the public record by the City Attorney. Chair Gort: Thank you. Roll call. Mr. Hannon: Roll call on item PZ 6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. Mr. Fernandez: Thank you. Ms. Mendez: As amended also. Mr. Hannon: Oh, I thought we were going to amend it between first and second reading. Chair Gort: No, no, no. The amendment is going to come in the second reading. Ms. Mendez: This is -- the problem is that depending on the route that is taken, I just want to make sure that on first reading, it's very clear that it could be one or the other, so that is why it's as amended. Mr. Hannon: As amended. Chair Gort: Does the maker accept the --? Commissioner Sarnoff I can accept the modification. I don't know if I can accept the amendment. I'm just teasing. That's fine. Chair Gort: Okay, as amended ORDINANCE 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN, OF REAL PROPERTY APPROXIMATELY LOCATED AT 5907 NORTHEAST 5TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 78 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 14-007271u FR Fact Sheet.pdf 14-00727Iu Analysis, Maps & PZAB Reso.pdf 14-007271u Application & Supporting Documents.pdf 14-007271u Legislation (v2).pdf 14-007271u Exhibit.pdf LOCATION: Approximately 5907 Northeast 5th Avenue [Commissioner Keon Hardemon - District 5] APPLICANT(S): Jacques and Denise Miodownik, Joint Tenants with Right of Survivorship, on behalf of DJ 2014, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 14-00727zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on November 19, 2014 by a 7-1 vote. See companion File ID 14-00727zc. PURPOSE: This will change the land use designation for the above property from "Single -Family Residential" to "Low Density Restricted Commercial'. Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PZ 7 was deferred to the March 26, 2015 Planning and Zoning City Commission Meeting. PZ.8 ORDINANCE First Reading 14-00727zc 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-L "URBAN CENTER TRANSECT ZONE LIMITED" TO T4-O "GENERAL URBAN TRANSECT ZONE OPEN" FOR THE PROPERTY LOCATED AT APPROXIMATELY 5900 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AND BY CHANGING THE ZONING CLASSIFICATION FROM T3-L "SUB -URBAN TRANSECT ZONE LIMITED" TO T4-O "GENERAL URBAN TRANSECT ZONE OPEN" FOR THE PROPERTY LOCATED AT APPROXIMATELY 5907 NORTHEAST 5TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 14-00727zc FR Fact Sheet.pdf 14-00727zcAnalysis, Maps & PZAB Reso.pdf 14-00727zc Application & Supporting Documents.pdf 14-00727zc Legislation (v2).pdf 14-00727zc Exhibit.pdf LOCATION: Approximately 5900 Biscayne Boulevard and 5907 NE 5th Avenue City of Miami Page 79 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 [Commissioner Keon Hardemon - District 5] APPLICANT(S): Jacques and Denise Miodownik, Joint Tenants with Right of Survivorship, on behalf of DJ 2014, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial for the zoning classification change from "T5-L" to "T4-O" for the property located at approximately 5900 Biscayne Boulevard. Recommended approval with conditions for the zoning classification change from "T3-L" to "T4-O" for the property located at approximately 5907 Northeast 5th Avenue, Miami, Florida. See companion File ID 14-007271u. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on November 19, 2014 by a 7-1 vote. See companion File ID 14-007271u. PURPOSE: This will change the zoning classification from "T5-L" to "T4-O" for the property located at approximately 5900 Biscayne Boulevard, Miami, Florida and from "T3-L" to "T4-O" for the property located at approximately 5907 Northeast 5th Avenue, Miami, Florida. Item includes a covenant. Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PZ 8 was deferred to the March 26, 2015 Planning and Zoning City Commission Meeting. PZ.9 ORDINANCE First Reading 14-010651u 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 LARGE SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3184, FLORIDA STATUTES, BY AMENDING THE 2020 FUTURE LAND USE MAP SERIES TO CHANGE THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PROPERTIES APPROXIMATELY LOCATED BETWEEN NORTHWEST 20TH STREET AND NORTHWEST 21 ST STREET, AND NORTHWEST 13TH AVENUE AND NORTHWEST 19TH AVENUE, MIAMI, FLORIDA; AND FOR THE PROPERTIES FRONTING THE NORTH SIDE OF NORTHWEST20TH STREET BETWEEN NORTHWEST 19TH AVENUE AND NORTHWEST 27TH AVENUE, MIAMI, FLORIDA; AND FOR THE PROPERTIES FRONTING THE SOUTH SIDE OF NORTHWEST 20TH STREET, FROM NORTHWEST 27TH AVENUE TO THE SEYBOLD CANAL, 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 80 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 14-010651u FR Fact Sheet.pdf 14-01065Iu Analysis, Maps & PZAB Reso.pdf 14-010651u Legislation (v2).pdf 14-010651u Exhibit.pdf LOCATION: Approximately located between Northwest 20th Street and Northwest 21 st Street and Northwest 13th Avenue and Northwest 19th Avenue, Miami Florida; and the North side of Northwest 20th Street between Northwest 19th Avenue and Northwest 27th Avenue, Miami Florida; and the south side of Northwest 20th Street from Northwest 27th Avenue to the Seybold Canal, excluding Gerry Curtis Park [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 14-01065zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on November 5, 2014, by a vote of 7-0. PURPOSE: This will change the land use designation for the above properties from "Light Industrial" to "General Commercial". Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Chair Gort: Nine and 10, we're going to hear them both? Francisco Garcia (Director, Planning & Zoning): Yes, sir. Items PZ9 andPZ10 are companion items. They are before you on first reading, and they entail the land use modification and the rezoning of the Northwest 20th Street Corridor, approximately between 27th Avenue to the west and 13th Avenue to the east. The history of this corridor is that it has been a mixed -use, predominantly commercial corridor. As a result of the zoning change between 11000 and Miami 21, it was changed to light industrial. That kind of development has simply not happened in the particular area, and it is both the established practice and also the desire, and to the benefit of the area, that it should be redeveloped as a commercial -- properly speaking -- a commercial corridor. All the lower boards have recommended approval. Your staff recommends approval. And in the meetings we've had with the neighbor stakeholders, we have found the proposal to be very well received as well. Happy to answer any questions. Chair Gort: Thank you. And I received a lot of people in favor of it. Is anyone in the audience -- this is a public hearing -- that would like to address this? Yes. Victoria Mendez (City Attorney): This is for PZs.9 and 10, correct, for -- Chair Gort: Yes. Ms. Mendez: -- one public hearing for both? Thank you, Chairman. Kim Ostrenko: Hi. I'm Kim Ostrenko, 2520 Northwest North River Drive. I'm here representing my elderly mother. I'm just a little unclear as to what this type of change would mean in City of Miami Page 81 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 practical terms for the people who live in the neighborhood immediately south of there, right on the river. What does that mean? Chair Gort: Will you explain to her? Mr. Garcia: Through the Chair, obviously, I'm happy to explain. Basically, the zoning designation of the 20th Street Corridor right now is light industrial. Now, you haven't seen any light industrial uses simply because the development of that area does not respond to that zoning category It responds to the zoning category that existed previously, which was commercial, liberal commercial. What we're doing now in light of the fact that it hasn't developed as an industrial corridor, and we think there is a preference, a marked preference, as we found out that whatever development takes place happens either as commercial or mixed -use, and I'll be more specific. By "commercial" I mean retail, general commercial, et cetera. And by "mixed use"I mean the possibility of also doing offices and residential along that corridor. That, to us, is a much better development pattern for the 20th Street Corridor and that is what we are proposing. So the change, the net change will be from the light industrial 10-story capacity that exists today along the corridor to a commercial predominantly, but also mixed -use character along 20th Street that would basically top off at approximately eight stories. Ms. Ostrenko: So there could be eight -story buildings that are mixed -use, meaning offices or whatever on the bottom and residences on the top? Mr. Garcia: That's correct. Ms. Ostrenko: So that could be lining 20th Street like that? Mr. Garcia: As opposed to industrial development, that is correct. Ms. Ostrenko: I'm not opposed to that in and of itself but my concern is as it is now, there's -- people have discovered that Northwest North River Drive is a good shortcut to downtown and -- oh, I'm sorry. Chair Gort: Let me tell you. We had a lot of complaints from trucks getting off 27th Avenue -- Ms. Ostrenko: Big problem. Chair Gort: -- and not to pay the tolls and they go through that section. Ms. Ostrenko: Right. Chair Gort: We've talked to the Administration; police (UNINTELLIGIBLE) enforcing and getting the trucks off of there. Now they're beginning to take 20th Street and they turn on 14th Avenue. Ms. Ostrenko: Well. Chair Gort: But if you still see that -- Ms. Ostrenko: Yeah, a lot of. Chair Gort: -- then just send me a complaint to my e-mail (electronic) and I'll -- sure, I'll to take care of it, and I'm glad you making that (UNINTELLIGIBLE). Ms. Ostrenko: Yeah. I want to give a specific example, 'cause it just happened on Monday. My mom and I came back from her doctor appointment and we had no phone, no Internet, no cable City of Miami Page 82 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 'cause a big truck had gone through and ripped down her line. I mean, this is still happening. Is there any way we can block off that entrance on 26th Avenue from 20 Street? Chair Gort: We can look into it, but unfortunate, the -- we have to go through the Miami -Dade County, but that's a suggestion that we can do. We can make it a one-way going out so people would not be able to come in. That's something that we have to do a study. We're doing an analysis of the traffic study through that whole District 1, and this is something that we have to take to the County. Ms. Ostrenko: And how do I start pestering people about that? Chair Gort: You can send me -- If you send an e-mail to us, please make sure -- or call us, my office, and -- Ms. Ostrenko: Can I get the number from you now? Chair Gort: Sure. I'll give you my card. Ms. Ostrenko: Oh, okay, great. Chair Gort: Anyone else? Anyone else? Yes, ma'am. Ms. Ostrenko: I'm almost done. So my concern would be the increased traffic and pretty much just increase traffic, even trucks or no trucks. I mean, just people keep using that as a -- Chair Gort: I understand The traffic -- the local traffic has been very difficult to take out, but we can talk to our experts, make sure we -- right now we're working in several segment of that community to make sure that we use that one-way; in other words, that one way going out so people would not be able to go in; this is one way. We have to structure that, put the plan together; take it to Miami -Dade County; Miami -Dade County Public Works is the one that has to approve it. Ms. Ostrenko: Okay. Chair Gort: But if you can send us some letters and signature, it'll be very favorable for us. Ms. Ostrenko: All right, I will do that. Chair Gort: I can use them, please. Ms. Ostrenko: Okay, thank you. Chair Gort: Yes, ma'am. Magaly Rodriguez: Yes. I'd like to know what's going to happen with the properties in -- Chair Gort: Put the mike down, please. Name and address, please. Ms. Rodriguez: Pardon? Chair Gort: Name and address. Ms. Rodriguez: Oh, yes. I'd like to know what's going to happen with the properties on 19th Terrace, between 17th Avenue and -- City of Miami Page 83 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: Name and address, please. Ms. Rodriguez: -- 18th Avenue. As -- Chair Gort: Your name and your address. Ms. Rodriguez: Pardon? Chair Gort: Your name and your address. Ms. Rodriguez: Okay. Magaly Rodriguez, 1771 Northwest 19th Terrace. Chair Gort: Yes, ma'am. Ms. Rodriguez: Yes. What's going to happen with that property? There are like four buildings over there. What's going to happen? Chair Gort: It was just explained. Right now the zoning that exist there -- Ms. Rodriguez: It's residential. Chair Gort: Where? Ms. Rodriguez: Because here the (UNINTELLIGIBLE) -- Chair Gort: On 20th Street? Ms. Rodriguez: This map is yellow here and here in the other half -- See, this is yellow. This is one thing. And then in the other is pink, so this color is very confusing. Chair Gort: Will you explain it to her, please? Mr. Garcia: Yes, I'm happy to, sir. It may be that -- what you've received in the mail. In fact, what you received in the mail is a notification to all the property owners within 500 feet of the corridor. Your property, if it is zoned residential, will not change. The zoning of your property will not change. Ms. Rodriguez: Okay. Mr. Garcia: The only change is along 20th Street itself. Ms. Rodriguez: Okay, perfect. Chair Gort: Thank you. Anyone else? Yes, sir. You can speak there. Benito Gonzalez-Quevedo: Sir? Chair Gort: You can use that one. Mr. Gonzalez-Quevedo: Yes, my name is Benito Gonzalez-Quevedo. I have a rental properties on 1851 Northwest 19th Terrace and 1953 Northwest 19th Terrace. They are rentals, and I would like to know how it will affect the rentals in the property. Chair Gort: It will not affect the residential area, at all. The only thing -- right now -- the zoning that exists right now, they can build up to 10 floors in the district, in that -- on Northwest City of Miami Page 84 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 20th Street. Mr. Gonzalez-Quevedo: Then it won't -- Chair Gort: There is no change to the residential area. Mr. Gonzalez-Quevedo: Oh, okay. Okay, thank you. Chair Gort: Thankyou. Anyone else? Ben Fernandez: Mr. Chair -- Chair Gort: Yes. Mr. Fernandez: -- members of the board. Ben Fernandez, 200 South Biscayne Boulevard, here today on behalf of David Famy, who is a property owner in the corridor that is being rezoned. We want to state that we're in support of this rezoning. Mr. Famy spoke at the Planning, Zoning & Appeals Board hearing concerning his property. He has a pending application with the Zoning Department for a new construction storage facility that requires a waiver. The use is permitted both under the current industrial zoning as it will be under the new zoning. We just want to state for the record that we have a pending application; it's being processed. We don't necessarily want to have to go through a new process if the zoning is adopted, so we would argue -- we've had this conversation with the Zoning Department, and I believe that the application would be vested because it's already in the process. Chair Gort: Right. Mr. Fernandez: Just want to make that -- we're going to do everything we can to get it processed before -- Chair Gort: Let's get an answer. Mr. Fernandez: Yes. Mr. Garcia: Yes. Yes, as I believe alluded by the attorney, by Mr. Fernandez, if the application has been filed completely and has been received in the department, then certainly, it will be processed accordingly. I would simply say, because you've brought it on the record, please don't blame us for trying to make the new application be as compliant as possible with the character of the area. We'll certainly work with you towards that end. Mr. Fernandez: We will work with the (UNINTELLIGIBLE) Review Committee to make that happen. Mr. Garcia: Thankyou. Mr. Fernandez: Thank you. Chair Gort: Okay, thank you Mr. Fernandez: Thank you. Thank you, Mr. Chair. Chair Gort: Thank you. Anyone else? Seeing none, hearing none, close the public hearing. Do I have a motion? Commissioner Sarnoff. I'll move it, sir. City of Miami Page 85 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: PZ.9, moved by Commissioner Sarnoff second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor -- it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. 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 first reading, 3-0. Chair Gort: Thank you. PZ.10 ORDINANCE 14-01 065zc First 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 D1 "DISTRICT ZONE - WORK PLACE" TO T6-8-0 "URBAN CORE TRANSECT ZONE - OPEN," FOR THE PROPERTIES APPROXIMATELY LOCATED BETWEEN NORTHWEST 20TH STREET AND NORTHWEST 21 ST STREET, AND NORTHWEST 13TH AVENUE AND NORTHWEST 19TH AVENUE; AND FOR THE PROPERTIES FRONTING THE NORTH SIDE OF NORTHWEST 20TH STREET BETWEEN NORTHWEST 19TH AVENUE AND NORTHWEST 27TH AVENUE; AND FOR THE PROPERTIES FRONTING THE SOUTH SIDE OF NORTHWEST 20TH STREET FROM NORTHWEST 27TH AVENUE TO THE SEYBOLD CANAL EXCLUDING GERRY CURTIS PARK, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 14-01065zc FR Fact Sheet.pdf 14-01065zcAnalysis, Maps & PZAB Reso.pdf 14-01065zc Legislation (v2).pdf 14-01065zc Exhibit.pdf LOCATION: Approximately located between Northwest 20th Street and Northwest 21 st Street and Northwest 13th Avenue and Northwest 19th Avenue; and the fronting north side of Northwest 20th Street between Northwest 19th Avenue and Northwest 27th Avenue; and the fronting south side of Northwest 20th Street from Northwest 27th Avenue to the Seybold Canal, excluding Gerry Curtis Park [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 14-010651u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on November 5, 2014, by a vote of 7-0. PURPOSE: This will allow a zoning classification change for the above properties from "D1" to "T6-8-O". City of Miami Page 86 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Chair Gort: PZ.10. Victoria Mendez (City Attorney): Chairman, was the motion to pass both PZ.9 -- Chair Gort: Yes. Ms. Mendez: -- and 10? Todd B. Hannon (City Clerk): One item at a time. Chair Gort: PZ (Planning & Zoning) -- Mr. Hannon: We're voting on one item -- so that was for PZ.9 Commissioner Sarnoff So move on PZ 10. Vice Chair Hardemon: Second. Chair Gort: Been moved by Commissioner Sarnoff second by Vice Chairman Hardemon. Roll call. I mean, read it. The Ordinance was read by title into the public record by the City Attorney. 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 first reading, 3-0. PZ.11 ORDINANCE 14-012011u First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS PURSUANT TO CHAPTER 163.3184(3), FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN, OF REAL PROPERTIES APPROXIMATELY LOCATED 1) BETWEEN SOUTH RIVER DRIVE, INTERSTATE 95, AND SOUTHEAST 4TH AVENUE TO THE SOUTH OF MIDBLOCK OF SOUTHWEST 6TH STREET, AND THE NORTH OF MIDBLOCK OF SOUTHWEST 2ND STREET, THE SOUTH RIVER DRIVE HISTORIC DISTRICT, AND THE HISTORIC J.W. WARNER HOUSE, EXCLUDING 129 SOUTHWEST 4TH AVENUE, 135 SOUTHWEST SOUTH RIVER DRIVE, RIVERSIDE PARK, ADA MERRITT K-8 LEARNING CENTER, AND 601 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL," TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; 2) AT THE EASTERN PORTION OF THE PROPERTY LOCATED AT 660 SOUTHWEST 3RD STREET (ADA MERRITT City of Miami Page 87 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 K-8 LEARNING CENTER), FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL," TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; 3) AT 660 SOUTHWEST 4TH STREET, MIAMI, FLORIDA (HOPE CENTER, INC.), FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES," TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; 4) AT 126 SOUTHWEST 8TH AVENUE, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; 5) AT SOUTHWEST 8TH AVENUE BETWEEN SOUTHWEST 2ND STREET AND SOUTHWEST 3RD STREET, EXCLUDING 126 SOUTHWEST 8TH AVENUE, AND FROM SOUTHWEST 4TH STREET TO SOUTHWEST 6TH STREET, EXCLUDING 402 SOUTHWEST 8TH AVENUE, 430 SOUTHWEST 8TH AVENUE, 438 SOUTHWEST 8TH AVENUE, AND 601 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; AND 6) AT SOUTHWEST 8TH AVENUE BETWEEN SOUTHWEST 6TH STREET AND SOUTHWEST 7TH STREET, AND THE NORTHERN PORTION OF 775 SOUTHWEST 8TH STREET (EXCLUDING 827 SOUTHWEST 8TH STREET AND 620 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA), FROM "MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL," TO "RESTRICTED COMMERCIAL" AS DEPICTED IN EXHIBIT "A"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 14-012011u FR Fact Sheet.pdf 14-012011u Analysis, Maps & PZAB Reso.pdf 14-012011u-Submittal-Lucille Grenet-Photos.pdf 14-012011u-Submittal-Commissioner Carollo-Miami Lighthouse for the Blind.pdf 14-012011u -Submittal-Planning and Zoning Director Francisco J. Garcia-Presentation.pdf 14-012011u Legislation (v2).pdf 14-012011u Exhibit.pdf LOCATION: Little Havana (East) Area; Generally bounded by Southwest 2nd Street to the north, Southwest 6th Street to the south, Southwest 11th to the west and South River Drive, Interstate 95 and Southwest 4th Avenue to the east. [Commissioner Frank Carollo - District 3] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 14-01201zc. PLANNING, ZONING AND APPEALS BOARD: Motion to adopt on December 17, 2014 failed by a vote of 4-4, constituting a denial. See companion File ID 14-01201zc. PURPOSE: This will amend selected properties of the 2020 Future Land Use Map designations of the City's Comprehensive Plan to "Medium Density Restricted Commercial", "Restricted Commercial", or "Major Institutional, Public Facilities, Transportation and Utilities". City of Miami Page 88 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Hardemon Chair Gort: Yes, sir. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. I will next present items PZ (Planning & Zoning) -- begging your indulgence -- 11 and 12, if I'm not mistaken, and I'd like to ask for the cooperation -- Chair Gort: Wait a minute, wait a minute. Later... Chair Gort: Go ahead, sir. Mr. Garcia: Thank you, sir. Again, for the record, Francisco Garcia, Planning & Zoning Department director. Before you next on first reading are items PZ.11 and PZ.12. They are companion items, and they are for a rezoning proposal for the area that I'll call generically and then I'll be more specific, East Little Havana. I just stepped in and wanted to verify whether my presentation would also be translated into Spanish or is -- are we simply going to be doing it in English? If it is going to be translated into Spanish, then I'll be conscious of that and do it more slowly. Commissioner Carollo: Mr. City Clerk, do we have an interpreter if we need one? Todd B. Hannon (City Clerk): Yes, sir. Mr. Garcia (as translated by Maribel Alonso, official Spanish interpreter): And so perhaps through the Chair, we can ask the audience whether they would like the presentation in both languages, or simply English is sufficient Commissioner Suarez: (Comments in Spanish not officially translated). I would say so. Mr. Garcia (as translated by Maribel Alonso, official Spanish interpreter): Very well. I'll certainly be mindful of that, and with your indulgence as well -- I'm speaking to the translator now -- now and again, 171 say it both in English and Spanish myself just to make some technical points perhaps more clear, but thank you for your assistance. Items PZ 11 and PZ.12 are companion items. They are a proposal for rezoning for an area that we'll be addressing as East Little Havana. The area encompassed by the proposed changes is approximately from 12th Avenue to the west to 1-95 and the river, so approximately 4th Avenue to the east and from just north of Southwest 8th Street to the south to just south of Southwest 1st Street to the north. All of these dimensions are approximate; we'll be more specific in the presentation. The proposal, again, generally speaking, is to zone an area that is predominantly zoned T4 and the proposed change is to T5, and there are some properties that are presently T5 -- a few of them, not many -- which will be proposed to be rezoned to T6. Again, by virtue of a quick presentation or quick overview, this proposal has been presented to members of the public in a number of public meetings, and it was also presented in a formal public hearing before the Planning, Zoning & Appeals Board, PZAB, and the Planning, Zoning & Appeals Board moved to approve, but the motion to approve failed, because it was a tied vote, 4 to 4, and I will explain why in a moment. The result of it was not actually to recommend approval, but it failed to recommend approval, so by default, it actually constituted denial, just to correct that. That is correct. And I'll again briefly convey to you what the Planning, Zoning & Appeals Board was thinking when we had this conversation, and it basically is that they were concerned that for some of the historic structures in the area affected, that those historic structures might be demolished if this proposal were City of Miami Page 89 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 approved. Our response to the Planning, Zoning & Appeals Board was that we had been planning for quite some time to make a proposal for the designation of a historic district within the area and that that proposal was almost complete at the time -- this was about a month ago -- and that we would, in fact, go to the Historic & Environmental Preservation Board prior to the final adoption of this ordinance; therefore, protecting the historic -- the significant historic buildings in the area. As committed to the Planning, Zoning & Appeals Board, that proposal has been scheduled to be heard by the HEP Board, the Historic & Environmental Preservation Board, on February 3, and we have already conducted some public meetings with the affected stakeholders to ensure that they are aware of the proposal and I would like to say -- and perhaps some are here today -- that they are largely supportive of it. Maribel Alonso (Official Spanish Interpreter): The interpreter needs a repetition. Mr. Garcia (as translated by Maribel Alonso, official Spanish interpreter): Yes, of course. As committed or as promised to the PZAB, the Planning, Zoning & Appeals Board, that proposal will be presented; is scheduled to be presented to the Historic & Environmental Preservation Board on February 3, and we have already heard -- I'm sorry -- held public meetings with some of the affected stakeholders to ensure that they are aware of it and they are largely supportive of it. The only -- and I guess I will then from this point forward go to a brief presentation; it should only take about five minutes to give you an overview of what the present condition of the area is and why it is that we are making this proposal at this time. First, an image depicting the study area that is encompassed, and as stated previously, it goes basically from Southwest 1st Street to the north to Southwest 8th Street to the south, and from 4th Avenue to the east to 12th Avenue to the west. As you can see, the area is in very close proximity to major infrastructure within the City. You see on the image 1-95, which is a major carrier in the northwest direction as well as the connection to downtown. It is nearby the river and it is nearby the Historic 8th Street Corridor, as well as the Health District, so also closely located to important employment opportunities in the City ofMiami. (Comments made in Spanish not officially translated). It also happens to be well served or better served than most of the areas in the vicinity by two important parks: Riverside Park, which you see in the center of the image; and Jose Marti Park, over by the river, on the right hand of the image. There are also two important schools in the area as -- I'm sorry -- as shown in the previous image. Ms. Alonso: I'm sorry; the interpreter needs a repetition. Mr. Garcia: (Comments made in Spanish not officially translated). I will cover the zoning component of it quickly, as I imagine that that will be a significant component of the items to be discussed, and I'll simply say this, and if you'll allow, I'll translate this part of it to Spanish, as well, because this gets perhaps a little bit technical, and I'd like to make a fine point of it, but I will tell you that presently, the area is largely zoned T4. I'll explain briefly that "T4" basically means a development capacity which allows a height of three stories and it allows a density of 36 units per acre; that's the T4 present zoning. And the proposed zoning for the majority of the area is T5, which allows for five stories, no more than five. There are no expansions to that I want to emphasize, and the density then grows to 65 units per acre. In addition to that, I think it's important to note that historically, the area has always been zoned at that level, at a five -story coordinates line or a five -story height, and at 65 units per acre, and it was only in the year 2010, with the adoption of Miami 21, that the zoning was changed downward to reflect the present state of three stories and 36 units per acre. In fact, the T4 zoning designation was created anew by Miami 21. So 1'll say that in Spanish now. (Comments made in Spanish not officially translated) Victoria Mendez (City Attorney): Just to clarify for the record, you're saying in Spanish everything you just said in English? Mr. Garcia: Exactly. City ofMiami Page 90 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Ms. Mendez: Okay. Mr. Garcia: To the best of my ability, yes. Ms. Mendez: Thank you. Mr. Garcia: And if I make any omissions, I'm sure others will correct me. (Comments made in Spanish not officially translated). What we've seen historically and especially of late is that although in other nearby areas in the City of Miami, there has been a significant amount of redevelopment, a significant amount of revitalization, and I think it is fair to say that East Little Havana has been largely unaffected by it. (Comments made in Spanish not officially translated). And it is our opinion that in large part, this has to do with the fact that present property owners have essentially a disincentive to reinvest on their properties by virtue of the fact that any reinvestment or any attempt to redevelop would actually result in less development capacity than presently exists; therefore, it is worth it for them to retain the building that exists now, and much of the buildings stock in the area is very old, rather aged, and there's every intent or every push to maintain it, simply because to replace it, one would have to reduce the development capacity of the land. (Comments made in Spanish not officially translated). We are not in this proposal suggesting that the zoning capacity be increased over the historic capacity; rather that it would be brought to the same level it has historically enjoyed. (Comments made in Spanish not officially translated). The next set of images I will show you are to make very specific points and I will only take a few minutes to do this; 171 go quickly. And this image basically shows all of the buildings that are within the area that are older than 50 or 60 years, and so what you can see is that the dominant building stock in the area is vety old, indeed. (Comments made in Spanish not officially translated). This image serves simply to illustrate the zoning changes that I already described. What you can see in the image below is the fact that, historically, the zoning designation had been R3, and R3 again goes back to the five stories and the 65 units per acre. (Comments made in Spanish not officially translated). A few images simply to show you what the character of the area is, vety well known to most of you, and one can certainly see that many of the buildings certainly look as though they date from -- in this particular case, there's more than 50 or 60 years. (Comments made in Spanish not officially translated). But one can also see in certain areas in East Little Havana is that there is already a presence of some small scale neighborhood -oriented commercial establishments. You see one here on the right side of the image, which is this one, as well, some more and some more. (Comments made in Spanish not officially translated). In this case, one that has been abandoned a gas station, a former gas station, but what one never finds is actually some sort of a continuity at the sidewalk level, a retail presence or office presence at the pedestrian level so that a continuity or a repetition of uses can actually take place, creating that continuity that is desirable in a sound and sustainable mixed use area. (Comments made in Spanish not officially translated). And lastly, there are some buildings again, as I mentioned previously, that have been improved or worked on in perhaps not the best of ways, and in some instances, actually, they have been left derelict. (Comments made in Spanish not officially translated). I wanted to also make the point that in terms of setbacks or the actual development of the land the setbacks will not be changed at all. As you can see in T4, you have existing setbacks of 10 feet around the property on the frontages and that is the case in T4, and that is also the case in T5, where the setbacks required are of 10 feet. (Comments made in Spanish not officially translated). There will be more questions, I'm sure. We are certainly happy to answer them all. I wanted in closing, at least for this portion of the presentation, to say that over the last two months or so since we actually engaged the public to discuss the plan to rezone this area in East Little Havana, we've been very heartened in the department to receive a great amount of interest and participation from many stakeholders. I would like to characterize that most of that input and much of the feedback received has been very positive. We understand and anticipate that some of you will have concerns, which we are happy to address, but I think this interest and this passion that we've seen in the area is highly indicative of the fact that this area stands in a very good place to experience significant City of Miami Page 91 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 revitalization, and this is simply an effort to help towards accomplishing precisely that. (Comments made in Spanish not officially translated). Thank you. Chair Gort: Thank you, sir. It's a public hearing. My understanding, there's a individual who would like to address. Mr. Hannon: Excuse me, Chair, Commissioners, I have an e-mail (electronic) and a resolution from the Miami Lighthouse for the Blind -- Chair Gort: Right. Mr. Hannon: -- and Visually Impaired that I would like to read into the record -- Chair Gort: Sure. Mr. Hannon: -- and an e-mail from Virginia A. Jacko from the Miami Lighthouse for the Blind and Visually Impaired to Commissioner Frank Carollo, dated January 22, 2015. It states: "Dear Commissioner Carollo, the purpose of this e-mail is to go on record confirming that Miami Lighthouse for the Blind located at 601 Southwest 8th Avenue, supports your rezoning plan. I cannot attend the meeting today because it conflicts with our annual board of directors meeting. Our counsel is Ines Marrero-Priegues. She can speak on our behalf if called upon. I am attaching a board resolution pertaining to your previous meeting on December 4, 2014 for your records." And the resolution states: "A resolution of the board of directors, Miami Lighthouse for the Blind and Visually Impaired, Incorporated authorizing our land use attorney, Ines Marrero-Priegues, Esquire, from Holland & Knight, to represent Miami Lighthouse for the Blind and Visually Impaired, Incorporated at the upcoming City of Miami public hearing which will be held before the City Commission on Thursday, December 11, 2014. Whereas the City is requesting rezoning the area surrounding the Lighthouse from T5-L to T6-8-O; now therefore, be it resolved by the board of directors of Miami Lighthouse for the Blind and Visually Impaired, Incorporated, that Ines Marrero-Priegues, Esquire, from Holland & Knight, on behalf of the board of directors is hereby authorized to represent Miami Lighthouse for the Blind and Visually Impaired, Incorporated at the public hearing which will be held before the City Commission on Thursday, December 11, 2014. Whereas the City is requesting rezoning the area surrounding the Lighthouse from T5-L to T6-8-O, the foregoing resolution was passed unanimously by all directors of the board, the chair thereupon declared this resolution duly passed and adopted at this 4th day of December, 2014, " signed Agustan Ariano, Jr., chairman of the board. Thank you, Chair. Chair Gort: Thank you. My understanding, you have -- Mr. Hannon: Yes, sir. The first speaker is Corinna Moebius [sic]. Corinna Maebius: Thank you, Chairman Gort, Commissioners. I am a nine-year resident of East Little Havana in the affected zone. Chair Gort: Excuse me, excuse me. Ms. Maebius: Oh, yes. Chair Gort: Name and address, please. Ms. Maebius: Huh? Chair Gort: Name and address. City of Miami Page 92 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Ms. Maebius: Oh, sorry. Corinna Maebius, 503 Southwest 9th Avenue, Apartment 3, Miami, Florida, 33130, in the heart of this affected district -- zone. I am also a tour guide in Little Havana and I'm also the co-author of a new book on the history of Little Havana. Commissioners, I urge you to vote "no" on PZ.11, 12. With all due respect, Commissioner Carollo and Mr. Garcia have told us that denser development is the only alternative to, quote, incentivize investment, but I can tell you that in this particular zone, there has been already rapid investment. In fact, I would say about 90 percent of all the properties around where I live on the corner of 9th Avenue and 5th Street have already been bought. One building bought for 600 -- a little over 600,000 is now on the market for 3.3 million. So this -- the up -zoning hasn't happened yet or might not happen, but already, investment is taking place; and, in fact, already, a lot of buildings are going through construction and improvements in the area. Mr. Garcia has spoken about derelict conditions in some of the buildings, but is also suggesting that the only way to address these conditions is to up -zone. Many people believe, including develop -- there are developers who also believe that there are multiple solutions to some of the issues regarding derelict buildings, and I'm not just talking code enforcement; multiple ways to collaborate around different solutions. But I'm not aware -- we've been hearing a lot about, you know, community meetings and stakeholders. I want to ask, who are the stakeholders that you're referencing? Because we haven't -- we are not aware of a charette process. We're not aware of any public dialogue to talk about a vision, or a plan, or thinking about the implications, the long-term implications of these proposed changes. Going on with that, this idea of this -- Chair Gort: By the way, let me inform you -- Ms. Maebius: Yes. Chair Gort: -- you're allowed two additional minutes, because some person -- Ms. Maebius: Yes, I do, yes; I gave them, yes. Chair Gort: Right. I want to make sure people understand. Ms. Maebius: And I don't think I've gotten my two minutes yet, but maybe; we'll see. Chair Gort: Yes, you did Ms. Maebius: Okay, sorry. Mr. Garcia says that the amendment was advertised widely. I contacted Vecinos en Accion, Connect Familia, Centro Mater. These are long-term Little Havana community organizations within the area; Little Havana Merchant Alliance. None of us received any kind of notice. I have specifically asked with the NET (Neighborhood Enhancement Team) Office to be notified of certain things. I never got a notice in the e-mail. The only notice I got was from developers that I know, okay? They were the ones who told me about these changes through e-mail and various ways. Also, I want to say in the presentation, Mr. Garcia is a person who gave a presentation on Miami 21, and in that presentation shows a -- one single -story home next to a big building, and this was referred to as "ugly landscape, ugly development, " and yet, now we're going to go backwards. We're going to go back to the old zoning that Miami 21 was supposed to rectify to bring these -- one story next to six stories again? And on top of that, this -- an area right by Riverside Park is being zoned T6-8-0, open, which means it could be as many as 12 stories high next to much smaller building heights? That doesn't make sense to me, and it doesn't even make sense to some of the developers that I know. So I'm going to ask, are we going forward, or are we going backwards? And I want to encourage to think about how our city can progress for true public engagement, true public dialogue to think about the future of this historic neighborhood and the impacts . I'm not personally against density, per se, but I think that there has not been enough genuine dialogue and participation of the stakeholders who are residents of this neighborhood. I do not consider the only stakeholders to be developers, and real estate brokers, and people with a most financial City of Miami Page 93 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 interest in the neighborhood. Again -- Chair Gort: Thankyou. Excuse me. Ms. Maebius: -- and last, I want to say I just hope that my next book is not on the death of Little Havana, so thank you very much for your time. Chair Gort: Thankyou. Ms. Maebius: Vote "no" on PZ.11, 12. Thankyou. Chair Gort: Thank you. Next. Mr. Hannon: Carlos Fausto Miranda. Carlos Fausto Miranda: Carlos Fausto Miranda, 185 Southwest 7th Street. I am a local property owner, a local business owner, a concerned citizen. There are four main reasons why I think -- four pillars on which this amendment to the Zoning Code stands: Number one, affordable housing. We suffer from a terrible lack of quality housing stocks for our middle- and lower -income families in this area. In fact, a lot of the housing that we have for those -- for that population is, if anything, an insult to human dignity, and yet, it's an area where we have a substantial amount of vacant parcels. Now, what's holding us back from developing those is the current zoning. What I say is, unleash the ability of local property owners, small property owners, developers, to create those high -quality housing stocks for our middle- and lower -income families. Number two, public transportation. So the metric for public transportation is ridership. Now, increasing density in the area, which, by the way, is dead center to all the major employment centers of our city, yet retains an essence of affordability we don't have elsewhere. Increasing the density of that area increases the ridership of public transport; decreases the per capita cost of that, of public transportation; thus, incentivizing increasing the number of lines, the number of transit routes being used. Ultimately, this de-incentivizes the use of the automobile, and ultimately serves to get to what I think is a dream of ours, which is the possibility of a completely car free urban lifestyle. Number three, historical preservation. So I think we all understand that some of the most endearing, charismatic, beautiful historic buildings that we have in our city are found in Little Havana, and yet, they're sliding rapidly into disrepair. This amendment, fortunately, creates a mechanism for the selling of air rights whereby we can create the revenue to reinvest and fix these buildings, create medium and lower density -- Chair Gort: In conclusion. Mr. Miranda: Conclusion. Chair Gort: Yes. Mr. Miranda: If you want to save this signature neighborhood, if you want to create a truly wonderful, mixed use, medium density, mixed income neighborhood, what we need to do is pass this amendment to create the sort of neighborhood that we can protect and has the further economic environment to protect local homegrown businesses. Thank you very much. Chair Gort: Thank you, sir. Next. Mr. Hannon: The next two speakers will be Lucille Grenet and Raul Ortega. Raul Ortega: Good afternoon, Mr. Chairman, members of the Commission. My name is Raul Ortega. I live at 1120 Northwest 26th Avenue Road. I own a small property within the proposed City of Miami Page 94 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 change. For the last many, many years that I owned this property, there's nothing been going on in this area. It's been very neglected by almost everybody, including the City of Miami. I think -- and it's really a shame, because this place is so close to Brickell, and downtown and the Health District. I urge you to vote for what's right, and what is right is to change the zoning to T5. Thank you very much. Chair Gort: Thank you, sir. Next. Lucille Grenet: Good evening, gentlemen of the Commission, ladies, Mr. Francisco Garcia. My name is Lucille Grenet. I reside at 755 Southwest 6th Street, Unit 10. I was actually the second person to move into that building when it obtained its certificate of use. At present time, I am in my mid-50s, way over and older than the young man that spoke before the gentleman that just spoke before me. Point is, I've been in that community for the most -- most of my life. I know the community well. I appreciate Mr. Garcia's efforts. I do admire his work, even though it may not seem that way, because I'm here opposing what he is proposing today. I was here at the last meeting, and one of the main things that caught my attention was the fact that this proposal includes no parking restrictions, to my understanding; that's what I heard last time; and also, the fact that what the other young lady, Corinna had mentioned also caught my attention. We were never really consulted as owners. We just got noticed by the posting or the posts on the poles, and we had to start calling in to find out -- at least I did -- from the City planners what was actually being proposed. What I find with this is that another issue being brought into this was changing it from a more restrictive commercial aspect to include a broader commercial aspect, leading me to believe -- and I may be wrong -- that within the areas of 2nd Street Southwest to 7th Street Southwest, and east of 8th Avenue to 4th Avenue, there can be more of those businesses brought in that Mr. Garcia presented last time that possibly had nice little pictures taken of them on a Sunday when the business and the community was closed, and nobody was there. I live -- Chair Gort: Thank you. Ms. Grenet: -- directly across from three of those businesses. Chair Gort: Ma'am, and in conclusion? Ms. Grenet: The only one that I find great is the Lighthouse -- Chair Gort: And in conclusion. Ms. Grenet: -- and -- pardon me? Chair Gort: In conclusion? Ms. Grenet: And I'm getting there. And the two others that do abut me, one is in noncompliance most of the time; it looks like a junkyard. And the store directly across from me from La Cadena is a hub for crime. The other third business, which is across from Ada Marriot (phonetic), there were two shootings in the last six weeks, both dead young men, due to drug and gang issues, and I understand that they believe that this is the only way to rectify this, but actually, I believe it's more a zoning, code enforcing and police joint effort. My -- Chair Gort: Ma'am, I need for you to conclude. Ms. Grenet: Okay. I agree with -- Commissioner Carollo: Excuse me, ma'am. Mr. Chairman, as a courtesy to me, could you let her finish? I -- City of Miami Page 95 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: Sure, no problem. Commissioner Carollo: This is important. And listen, I'm not saying that we go way beyond the two minutes, but this is important and I do want to hear evevyone, what they're saying. Ms. Grenet: I agree, and forgive me -- Commissioner Carollo: Thank you. Ms. Grenet: -- Corinna, for calling you by your first name. I don't remember your last name -- that there must be other ways to fix this community. I totally want this community to be revived somehow, but I'm not exactly certain that when one reads the entire comprehensive plan that one of the best propositions for that area is to bring any of those businesses any closer to the actual residences. They have been the downfall of the community because of the proximity we share to downtown; reason being that all of the elements pertaining to homelessness, drug addiction and every undesirable aspect that people have been trying to chase from downtown plague our area. By doing this and bringing businesses as such into those perimeters, we are just going to attract the crowd that all of you have worked so hard to try to move from downtown and shift it into our area. I would be in agreement that some type of revitalization is needed, but I'm not certain that this is exactly the right way to push this particular agenda as it stands today. It may need one or two tweaks; one or two tweaks, but if approved as such, it's going to be a living nightmare, not only for the people that will be the purchasers living in areas such as those, but the ones that have just purchased units and condos across from Ada Marriot (phonetic), the ones on Flagler and whatever else may be built. Another issue that came to my attention was that if it was allowed to be brought into that commercial aspect that Mr. Garcia foresees is that some of these places could be turned entirely maybe to a commercial building, maybe. I may be wrong, but that is what I understood, like maybe making it into a law office, or a doctor's office, rather than a residential area; the issue with that being that, again, we have residents. Commissioner Carollo: Ms. Grenet, we get the gist of what you're saying, and I let additional minutes. I could let you -- Ms. Grenet: Okay, well, I'm pretty much done. We have residents that we have to -- we would like to see something really beautiful done for that area; not made into a Hialeah -type, factory -type looking place in the long run. Businesses that thrive like that are because they're close to U.S. 1, like on 62nd, and they can convert those homes into businesses where -- Commissioner Carollo: We got it, Ms. Grenet. Ms. Grenet: Yeah. Commissioner Carollo: We got the gist of what you're saying. Ms. Grenet: I also brought some pictures with the drug dealer that sits outside of my home selling crack all day long from La Cadena Supermarket and from the other ones that 1 would like to submit to you, so you can personally view after this. Thank you. Commissioner Carollo: And by the way, Ms. Grenet, yes, please provide me with those pictures, and look, I'm not oblivious to the fact that this is just not a one facet issue. It's not just code enforcement, it's not just police; it's also solid waste. So it's going to be multi -faceted, so this is just one side of it. Now, with that said, you know, I would like for the rest of the people to speak. Believe me, I'm listening, and I'm sure Mr. Garcia will clarify some of the issues that you have, and again, there's two readings. This is first reading, and maybe there is a little tweaking from first to second; I'm not sure, but you know what I'm saying? The bottom line is I'm listening, we're listening, and believe me -- City of Miami Page 96 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Ms. Grenet: Well, along -- Commissioner Carollo: -- there is good intentions up here. Ms. Grenet: -- those lines, then we would have to look at what Ms. Corinna said, because, honestly, I -- Commissioner Carollo: Okay. Ms. Grenet: -- believe that it's the developers that don't really want to do anything until this is decided -- Commissioner Carollo: Ma'am -- Ms. Grenet: -- when if they really did, they could still make money and -- Commissioner Carollo: Thankyou. Ms. Grenet: -- pay enough to the property owners that presently have those premises. Commissioner Carollo: Ma'am, you're hurting other people, because other people that may only get now two minutes because we're setting a precedent. Ms. Grenet: I'm clone. I have my pictures to show you -- Commissioner Carollo: Yes. Ms. Grenet: -- of what those businesses bring. Thank you. Commissioner Carollo: And please keep them, because I do want to see them. Ms. Grenet: Thank you. Commissioner Carollo: Thankyou. Mr. Hannon: The next three speakers: Milga Sabalos (phonetic), Dolly McIntyre and Greg Bush. Dolly McIntyre: I'm Dolly McIntyre of 409 Vizcaya Avenue in Coral Gables, and I guarantee you, I'll be less than two minutes. I represent the advocacy committee for Dade Heritage Trust, and it is our concern that any up -zoning in East Little Havana must be dependent upon the creation of the Riverside Historic District, and that any resulting development, if it is up -zoned, would be appropriate to the neighborhood, and will not cause the loss of historic features or the neighborhood character, which is a critical item here. Thank you. Greg Bush: Hello. I'm Greg Bush. I direct the Institute for Public History at UM (University of Miami), and I'm not from Little Havana. I'm a gringo of long standing, but -- Chair Gort: We used to have a lot. Mr. Bush: But -- Chair Gort: There used to be (UNINTELLIGIBLE). City of Miami Page 97 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Mr. Bush: I know, I know; in the early days, I know. I want to make a couple of general points, and I'll be very quick. We live in an era of kind of a monstrous eastward-ho form base codes, UDBs (Urban Development Boundaries), transect, et cetera, et cetera, and revitalization, which I think everybody wants to see, Francisco, but sometimes -- my view -- the planning formulas and investors forget the people impacted by change, the renters. So I'm representing also the Urban Environment League here, and we're basically calling for a delay and better dialogue on this. I don't think the people, from what we've heard have been adequately heard from. I think that there's very complex questions. Clearly, the area needs more public park space. As you're probably aware, it has the least amount of parks per capita of any district in the area. I don't think that's part of the plan at this point. And there needs to be better public information dispensed, rather than sign posts, et cetera. It's my understanding that there've been developers that are talking about this area as "West Brickell, " and I guess I'm just trying to also reinforce the notion that Little Havana does have an important cultural identity, and that needs, I think, more time and consideration towards that end. Thank you very much. Mr. Hannon: The next three speakers: Alfredo Duran, Rosalie Wiley and Manny Prieguez. Alfredo Duran: Good evening. My name is Alfredo Duran, and I live at 540 Aragon in Coral Gables. I own two contiguous properties at 500 and 520 Southwest 6th Street in Little Havana. I'm not a realtor, I'm not a developer. I just grew up in the neighborhood, and have since had a passion for the area's cultural significance and historical relevance. I'm here today because I'd like to support the City's initiative to up -zone the neighborhood, and in so doing, perhaps create the next big thing in Miami -Dade County. Regrettably, for many years, this area felt vety forgotten, but now with Brickell's boom, it's become hard to ignore. It's often said that progress is inevitable, so I'd like to share with you a new trend that I'm seeing in my properties. What is considered by many as down scale, as a down scale neighborhood, is now being discovered by white collar professionals, and I can tell you this by experience. One of my current tenants at 500 Southwest 6th Street is an American schoolteacher who works in the Grove. My tenant before her was a lawyer working in Brickell; and the tenant before her, an American travel agent, also working in Brickell. I perform my informal focus group, and I can tell you that these upwardly mobile city dwellers are captivated by two things: space and proximity to downtown and Brickell. With these areas becoming most desirable to work, live and play, you're going to see a lot more of these young professionals spilling into Little Havana, looking for an alternative to the new high-rises with tiny and expensive units. The same is true of thousands of blue collar workers who are or will be working in the financial district and its vicinities, so today, you're already seeing the slow change in Little Havana. Rents and property values are going up, and the neighborhood is slowly gentrifying. If this passes, crime will be controlled; a new aesthetic will be born; the place will be cleaned up; more law-abiding tenants and homeowners will move in; and we landlords will be motivated to upkeep our properties, and our tenants will hold us accountable for ignoring slum -like conditions. This argument boils down to accepting the status quo or taking a leap of faith in the name of new market demands. So now the stage is set. It's a matter of striking the right balance between development and cultural sensitivity, and both can be done simultaneously. Just to be clear, I'm not interested in selling or tearing down. I just want an energized neighborhood that we could all be proud of. Thank you vety much. Rosalie Wiley: Okay, my name is Rosalie Wiley, 2901 Northwest 164th Street. I grew up in the Liberty City area. I'm also a product of gentrification. Miami 21 is something that comes in the community, destroys the community, uproots the community, and then we got people that comes from other where, other countries to come in our community, destroy it, and all the funds and the growth from it does not go back into the communities. And my biggest thing is if we're going to change these communities and move these communities, I think the community should benefit. Everything that comes in the community, it's not to take away from the communities. It's also to grow the communities, and the people that lives there, and they should have the first rights on things that's coming in their community and the way they want to make the changes for the communities, and as well as he was speaking on slum lords, our communities have lived years City of Miami Page 98 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 under slum lords conditions, and I don't think it's fair for our communities to live in slum conditions, and I know for a fact that you sell these places, the people that buy these places, they hold them for years -- not even much years. They'll hold it for a year and the next person that they come -- that comes, they sell it for profit, three times more than they buy it. So when you're looking at it and taking it, you're taking away from the communities, so those people that lives there, they loses either way you look at it, and the growth of anything is the people. The people has to have somewhere to live, grow, and take they kids and give them a stimulant background to understand that where you live is the best place for you. And my thing is even though you -- if you gentrify or move it, the people that lives there should have the first rights of developing, working in the development in the communities so the community can be the ones that, when it tears down, they're not going to let you come in and tear it down. They're not going to let my neighbor tear it down. I'm going to work to change my neighbor to understand. I put my hands into changing it, and I don't want you to come and change it, and I won't stand here and let you change my community. My community is set up where it benefits me; if it's not me, your mother, your father and also you. That's all I have to say. Commissioner Carollo: Thank you. Manny Prieguez: Good evening, Commissioners. My name is Manny Prieguez, 4000 Malaga Avenue, Coconut Grove, Florida, 33133, and I come here in support of this item. My family has either owned property, run a business or rented in this area for the better part of 40 years, so I grew up with -- in my family business, you know, driving up and down these streets, year in and year out, but I not only have that perspective. I also have the perspective of having been an elected official. As a State representative, this area, East Little Havana, comprised the heart of my district when I served in Tallahassee from 1998 to 2004, and in fact, my office was in Capito Shopping Center, which is at the epicenter of this area in question. So I have seen, and I have witnessed, and I have experienced this neighborhood for many, many, many years from different eyes and different perspectives, and when I received the notice of this proposed change by the City, it made me reflect a little bit on those years gone by, and I really started looking at it more as a, you know, former legislator instead of a property owner, and I thought to myself "Is this area better today than it was when I was a State rep? Is it better today than when my dad moved in and started running his business? " And I think you have to look in the mirror and honestly answer that question as "No, it isn't. " And so I applaud efforts like these to try to inject some sort of adrenaline into this community, to try to fulment [sic] some sort of change for the better, because it will be for the better. And the change, mind you, is not as drastic as some would have you believe. The zoning change that will be, you know, voted upon next time is not as drastic, is not as cataclysmic, if you will, as some may argue. It is a responsible move upwards to by and see if something can happen positive. So I applaud the Commissioner of the district, Commissioner Carollo; I applaud the professional staff for having had the foresight to come up with this, and I hope that the Commission supports it. Thank you very much. And by the way, when I was a State legislator, the only one that was around was Commissioner Gort as -- I'm sorry, I didn't mean to -- Chair Gort: I'm going to give them my stoty in a little while about Little Havana. I can tell you a little bit about Little Havana. Good evening. Commissioner Carollo: Mr. Chairman, just real quick -- Commissioner Suarez: I have some good ones, too, but I'm not going to get into that. Commissioner Carollo: Mr. Prieguez, you said four years or 40 years? Mr. Prieguez: For 40 years, 4-0. Commissioner Carollo: Okay, because I heard `four years" and -- City of Miami Page 99 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Mr. Prieguez: Fine; 40, 4-0; 4-0, we -- my dad rented right at 135 Southwest South River Drive, which is right at the edge of -- the easternmost edge of the district, of that area, and we've been there for -- ever since. I mean, we have literally witnessed that area change for the better or for the worse throughout all those years. So thank you very much for your time. Commissioner Carollo: Thank you. Mr. Hannon: Next two speakers: Sallye Jude, Maria Rodriguez. Sallye Jude: I'm Sallye Jude, and I live at 416 Vizcaya Avenue. I am the preservation developer of the area, and I have through -- from the early '70s on had concern for the neighborhood, and recognized the needs that it had. I had the University of Miami's School of Architecture do a historic district. City of Miami didn't buy it. They wouldn't do it, and so I restored buildings as I was able to and there was no public funding; everything was my money that did this. There are many, many things that through the years have been done in this neighborhood, and it's an important neighborhood, a city that ends up is like -- a city that's changed is like a person without a face, and we don't need that. The presentation of streets that we were shown on this video, they weren't typical streets. We're talking about little streets in Little Havana, and there are some marvelous buildings there. We need things like incentives to do preservation work as part of it. I think that appropriate building is -- built on the vacant lots are certainly necessavy, but to make it a gridlock community like downtown Miami -- you don't hear anybody talk about downtown Miami that just -- they shutter because of the gridlock situation. We don't need that on the other side of the river. I sit on Miami River Commission. We have development along the river that's going to put high-rises with hundreds of families on a two-lane street. This type of thinking just is not appropriate for our communities. I thank you. Maria Rodriguez: Hi, good evening. Unlike most of the previous people, I'm neither for or against; I simply live there. My house was built in 1923. Commissioner Carollo: I'm sorry, ma'am. Ms. Rodriguez: Maria T. Rodriguez, 502 Southwest 5th Avenue. Sorty. My house was built in 1923, which the historical society would be most interested in, and my question is, how would that affect me as owner of you know, an older --? Would that change anything? Would that -- aside from the fact that somebody might offer me some money for it, how would that affect me, personally? Commissioner Carollo: We'll answer everything towards the end because -- Ms. Rodriguez: Thank you. Commissioner Carollo: -- you know. Ms. Rodriguez: Okay. Mr. Hannon: The last two speakers I have signed up for items PZ 11 and PZ 12 are Marta Zayas and Mauricio Villasuso. Chair Gort: You can't leave Mariano out. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 2nd [sic] Street. And I came from Cuba 1962, and I went to live in Little Havana there, 336 Northwest 2nd Street. Then I joined the army during the October crisis, a volunteer, Fort Knox, Fort Jackson. Then when I came in 1963, I went to work for Diamond Cab; it's still there, 140 Northwest 8th Avenue. So I -- City of Miami Page 100 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Diamond Cab circulate around there, and being in Diamond Cab, then I went to -- what you say? -- I decide to become and working on pest control, and I did fumigation, all the big buildings. I fumigate the Marti Theater, Marti, the big building, the big building the -- yeah. Those old buildings there, and now, there been a lot of shooting there in Little Havana, and people say we need more policemen, but somebody have to pay for that police, and they blaming all that in -- problems to other people, when you know the problem is dysfunctional families. I raise my children in Allapattah. My four children, they all professional, they -- nobody -- I never got to take them out of jail or anything, but you know why? Because in my home, I -- they have to follow the golden rule. He with the gold set the rule. I set the rules in my home, and here now, people do whatever they want to do. The children do whatever they want to do, and then they blame the system. It's not the system, it's the family. When one of my daughters divorce and came to live with us, we say, "You live here, you don't have to pay anything, but we go to church on Sunday. You have to come with us." There's nothing like that. You have to be with the family, and that's one of the thing. And I am with the changes. At least they going to do something in the neighborhood, because I tell you, it's a lot of -- I remember all those old buildings, they look -- they got three stories and they are like five stories high, because they used the old system of building. There was no air condition, and so they got high ceilings. And about historical, I was in Philadelphia the other day. In Philadelphia, you got historical buildings next to the brand new building there. Go to Philadelphia and see them. And they got more historical buildings than any place I've been. Thank you. Mauricio Villasuso: Mauricio Villasuso, 951 Brickell Avenue. The issue goes here for me into what 1 call "conscientious economic development." The Grove, Coral Way and Calle Ocho are riddled with small business, and this is their identity, and it is the identity I feel of Miami and which is in unison with the cultural values of the U.S. (United States). We are a city of entrepreneurs, working immigrants that came, like many of the owners of the various local businesses there in Little Havana. There are many success stories there, and I'm sure if we look around, many of us are part of that stove. We need this zoning de -regulation, which will open up the economic development of the area. Real estate is where economic activity occurs, and it's part of the community's story of independence. This is not driven towards developer activists as some might claim, which have changed the identity of Little Havana. If anything, this plan is an expression of how we can foster the economic development in a manner that will sustain the community. It will be executed by those with a local concept of the area's values. They will be able to take advantage of TDRs, transfer development rights. They're going to be able to privately fund the preservation of houses, of whatever buildings they have that -- and many exist already that exceed this zoning upgrade or even the current one, so it's irrelevant. It's just a matter of using that benefit to preserve the building. It will foster harmony with the citizens; will be able to offer a balanced and mixed income approach, which doesn't exist so much in so many of our areas, and it will be an approach which will allow a diverse workforce to live in the area. It will be -- you know, and Miami 21 does this already; it ignites the spark. This, what we're doing here now will ignite the spark that we need to take advantage of this opportunity already built into Miami 21. And so as a citizen and a young leader in the area who cares about our neighborhood, I propose you push this amendment forward. Young leaders whose families came here -- from here want to build on what you have left us, and we want to build in Little Havana. Alfred Sasiadek: I guess I'm the last speaker. My name is Alfred Sasiadek. I live at 463 Northeast 55th Terrace in the Upper Eastside, and I'm not going to speak long, and I can't speak with the passion that this gentleman has, but it seems to me that with all the money, and the time and charettes that went into Miami 21, this is a very cavalier way to trash the concept of the transects T4 followed by -- T3 followed by T4 followed by T5. There is a difference in height, in density, in uses, and there is a difference in setbacks. The rear and side setbacks are quite different between the two. I'm from the Upper Eastside. Why am I interested in Little Havana? Well, like I said at a previous thing, I've been here three times where an issue having to do with a spot zoning, T4 to T5, 5555 Biscayne was postponed while we were waiting for this kind of grand concept to be proposed. I read in the paper this morning the City says it's proposing this zoning City of Miami Page 101 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 change to save the neighborhood, okay? I'm a Vietnam era army veteran, okay? And I -- that reminded me of a famous quote after one battle in Vietnam, the Vietnam war that we had to destroy the village to save it. I hope that's not what we're doing here. Whatever -- if this is the grand concept, it's going to affect them and it's going to affect me and my neighborhood, and Su casa es mi casa. "That's the way it goes. Thankyou very much. Commissioner Suarez: Thank you. Chair Gort: Thankyou. Anyone else? Commissioner Carollo: Yeah, Ms. Zayas. Marta Zayas: Hi. My name is Marta Zayas. My address is exempt because of -- I was a prior Code Enforcement member. Okay, thank you, everybody, for letting me be here and thank you for allowing the meeting to be at 5:30. That was so very helpful for the community. I really do appreciate it. I do not live in East Little Havana. I live in West Little Havana; however, I feel that I'm a benefactor of its culture, community and mom and pop businesses. I'm opposed to PZ 11 and PZ 12. I'm not a property investor. I think I am really more invested in the most important capital of the area, which is its people, its history and its unique character. The social cost of up -zoning is too high, and really not worth sacrificing the least of our brethren as collateral damage. I agree with the Planning & Zoning Appeals Board which -- whose vote resulted in not passing this up -zoning, and I'm sorry, I get nervous. Chair Gort: You're doing very good. You're doing good. Ms. Zayas: I get nervous. And let's see. Will the City be able to provide services to increase higher -density population when presently, it's severely challenged to do so? And at the same time, I'm glad that Mr. Duran did mention that the City is -- the area is already progressing, and that he's been seeing a lot of changes on its own in an area that already has the highest density, and already is rated second in walkability in the whole city, next only to downtown Miami. And thank God we don't have the structural collusion that downtown Miami has. Dade schools concurrency analysis states that the two schools that Mr. Garcia mentioned are filled to capacity. So will our students have to leave the neighborhood to go to school? You know, we're going to have increased traffic; we're going to have less parking, which is addressed by the petition that I e-mailed (electronic) the board members; and, of course, the most important part is that it's going to eradicate the uniquely precious cultural and historic character of our heritage neighborhood. It will cause gentrification of our most vulnerable, elderly and poorest to homelessness. These are people whose home income, their median is 16,000, approximately. The City should protect existing viable neighborhoods, and as Mr. Duran said we're viable, we're taking care of itself, and enhance them in a manner that's compatible with their existing character. Quoting Commissioner Suarez' statement in support of Morningside's community at the last December meeting, "The purpose of affordable housing legislation is not to infringe on residential neighborhoods." We don't want to be infringed on, either. And borrowing from Commissioner Sarnoffs statement at the same meeting, talking about Morningside residents, "To me, PZ 11 and 12 present a different kind of feel that I think is unfair to do to a residential community." Please vote "no." Explore other alternatives such as developers working surrounding areas contributing to either affordable housing or green spaces, as Dr. Bush already explained that, per capita, we have the least amount of public parks. And consider enforcing current Code regulations; securing public and private grants to rehabilitate current structures. We saw beautiful pictures of beautiful buildings. Repair streets; improve on the public landscaping. When I go to Coconut Grove, that landscaping is really nice; make it like that. And just work to expand Commissioner Carollo's "I clean Calle Ocho." Thank you so very much. Chair Gort: Thank you. We now close the public hearing. City of Miami Page 102 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: A question or two if I may of Ms. Zayas. Yes, Ms. Zayas, you -- first of all, I appreciate your passion for the area, and I'm hoping that that passion will not disintegrate just with this item; it will continue with all the other issues that I'm going to be dealing in Little Havana pretty soon, because, yes, as you mentioned that `I Clean Calle Ocho" -- Ms. Zayas: Yes. Commissioner Carollo: That was quite a few years ago, and I can tell you that in those few years, the Manager, Solid Waste director, Planning director, NET (Neighborhood Enhancement Team) director, all of them have toured with me Little Havana, and it's no cleaner now than it was back then, so there's still a lot of issues that need to be addressed, and I hope that that passion continues not just with this issue, but with others that we're going to be dealing with, and I truly do mean that. This is not just rezoning. There's other facets to this, which will be police, code enforcement and solid waste. With that said, you mentioned a petition that you sent to Commissioners. That I know of I did not receive a petition. The Planning & Zoning director did not receive a petition and our City Clerk did not receive a petition. Chair Gort: I did not. Commissioner Carollo: So at the very least, I would like to receive the petition, because I really am concerned of who is in favor, who is against, what are their concerns, so I could address them, so if there is any petition, I would like to see them. And by the way, just so you know -- and this is something that I'll be addressing with my City Attorney -- we have something called "Jennings Rule, " and "Jennings Rule" means that something that we're going to vote as a quasi-judicial, we are not supposed to have communications with the parties unless we disclose. I don't know how to do it. If I go out there and I walk through the various people and then just mark it down, and I guess we were talking about this issue. I'm not sure how to do it; we'll address that later. Madam City Attorney, I know you recently sent out a memo with regards to Jennings Rule, so we'll discuss it, so I am allowed to do that, but if there is a petition, I would definitely like to see it, because I could see all the people that are concerned so I could go speak to them. Ms. Zayas: I understand. Commissioner Carollo: Which I have not done yet. Ms. Zayas: I don't know what happened with the petition, but I appreciate it. And trust me, I know you -- all of you would not be here if you didn't have a true dedication to the people that you're serving, you know, your -- not only your constituents, but also people who are invested in the concept of improving Miami. You are responsible people, and I know that everybody's intentions are good, and just because perhaps on an issue I stand on another side -- Commissioner Carollo: Exactly. Ms. Zayas: -- doesn't mean I respect you any less, and I know that you don't respect me any less. I know we respect each other, and we're trying to understand each other, and I would like -- you know, for example, people who have been coming up here asking questions, I think it shows that perhaps this issue hasn't been disseminated appropriately or adequately in the neighborhood, because if not, they wouldn't have these questions. For every person -- and you know this -- that appears here, there are many, many more that just fail to appear. So I think it's a sign that we do need to give more information, so we could have more input from the community on this issue, City of Miami Page 103 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 and, you know, that would be something that I would appreciate, and I think that you all would be very cooperative and friendly to doing that, because it really hasn't been done. I walked the streets with three reporters. They asked people on three separate occasions, and nobody knew what it was. One person thought it was something for hearing aids. You know, we need help. Chair Gort: Thank you. Commissioner Carollo: That doesn't necessarily mean they're against it, though, Ms. Zayas. Ms. Zayas: No. We spoke with them afterwards, and I'm not going to give you a survey, but it was written in the press, so if you read the press, you read their comments, which were, you know -- but we're not going to -- I don't want to go into that now. What I really want to ask you for is more community consensus, more providing the community with information. We have a lot of renters in that community. It's not only the property owners that are going to be affected. A lot of renters are going to be displaced. Commissioner Carollo: I don't want to say that's necessarily true, but with that said, we'll address some of the questions that did come up. At the same time, just like you said, there's many, many other residents; there's many, many other residents that could be in favor, because I can assure you, I could have filled this whole auditorium with people that are in favor of it, and I'm pretty comfortable about it, but with that said, that's not my point. My point is I want to address all the issues to see if there is some type of consensus, or if not, listen, I understand sometimes some people are just set on one certain thing, and you know, we can't please everybody, so I understand that. Ms. Zayas: Commissioner Carollo, I know that you're flexible. I know that your ear is to the public. Commissioner Carollo: Yes. Ms. Zayas: I know you're willing to hear the public, and that's what you want to do, be -- Commissioner Carollo: Yes. Ms. Zayas: -- listening to them and trying to give a service that's going to be beneficial to them. Commissioner Carollo: Absolutely. Ms. Zayas: I know that. I like your comments about saying that we need to improve the police, the waste department and the -- what was the other? The -- Commissioner Carollo: Code enforcement, solid waste and police. Ms. Zayas: Code enforcement, solid -- I know you're saying that. You know, perhaps what I'm saying is, well, why don't we tty to step that up first before we change the whole zoning and before we change the whole zoning, why don't we communicate with the residents. Commissioner Carollo: Okay, thank you, ma'am. Ms. Zayas: Thank you. Chair Gort: Okay. We need to take a break. Commissioner Carollo: We -- City of Miami Page 104 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: I'm going to take a break. Reina Pena (as translated by Maribel Alonso, official Spanish interpreter): My name is Reina Pena, and I live at 436 Southwest 2nd Street, right next to the river. Commissioner Carollo: I'm sorry; "Pena" or "Perez"? Ms. Pena (as translated by Maribel Alonso, official Spanish interpreter): It is "Pena" but in English, you write it "Pena," P-E-N-A. Commissioner Carollo: Yeah, yeah. Ms. Pena (as translated by Maribel Alonso, official Spanish interpreter): I am sorry about everyone who is against this proposal to improve Little Havana. I cannot say that I live in a house that is in poor condition. I have been in this townhouse for 16 years now. I got really happy when I received the information, and I'm sorry for all those who are against, but when I got the information about the changes that they're planning for Little Havana, I was very happy about that. It is time to change Little Havana, because it is falling apart. If a hurricane came, it's going; all the houses are going to be blown away. I know that many people are used to their properties, because they have been living there for many years, but even if they are falling apart, but we need to think positively. And if our politicians pay a good price for our homes and they are going to be -- rich people are going to come to the neighborhood, and large businesses, so if they pay well for our properties, then I am going to be happy. So it is in the hands of the politicians; that they know that we're going to need a home and things are very expensive, so it is a matter of negotiating, and if it is going to be in our favor, if it's going to -- if they're going to give us a good price, I will leave my house happily, and evetybody in my condominium will be -- will do the same. Chair Gort: Thankyou. Ms. Pena: (Comments made in Spanish not translated). Commissioner Carollo: There's one part that was left out, and I'm going to mention it, because she did state it, and I've heard this on numerous occasions, and she says that she's embarrassed to say that she lives in Little Havana. Now, I know that's not the case in everything, that's not the case with everybody, but, you know, the truth of the matter is that the living conditions and the substandard building that are there, it needs to be addressed. So, you know, I just want to make sure that we are fair, like I'm fair with evetybody, and mention evetything that she said. (Comments made in Spanish not translated). Chair Gort: Thankyou. Go ahead Ms. Pena (As translated by Maribel Alonso, official Spanish interpreter): Yes. It is the truth. It is time to make changes to Little Havana, because when we go to other places, like Broward or other places, evetything looks so beautiful. And then when I come back to Little Havana, it's just heartbreaking. So thank you very much to all of you for the changes that you are proposing for Little Havana. Chair Gort: Thank you. Let me tell you, I took down notes. I'm sure Commissioner Carollo has taken down notes, and I'm sure Francisco has taken down notes, because a lot of times, we hear rumors of things, and we want to clarify all those questions, and I'd like to give you a little history of Little Havana. I was raised in Little Havana since 1954. My parents had a business in 1602 Southwest 8th Street. At that time, we were nicknamed "Little Havana," but there was no Little Havana. City of Miami Page 105 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Unidentified Speaker: It was Riverside. Chair Gort: We started moving in there, and the Cuban refugees, we started coming in and we started taking apartments in there, fix some of the old homes and fix them up. At that time, people were coming to down -- to Little Havana. They were looking for Little Havana. The architecture was not there. So we created the Latin Quarter. The Latin Quarter was the idea of creating a tourist attraction for economic development in the area. Domino Park, when we started doing Domino Park, we had a lot of people against it. People didn't want to see a Domino Park. We had a lot of opposition. We created Domino Park. Domino Park today is the most visit park per square foot in the United States, and it's become a great tourist attraction, and today, you have over 20 to 25 buses full of tourists walking that area, and you know that better than anybody else. That's an economic development, and I can tell you, this Commissioner here, Commissioner Carollo has walked that area with the administrators, and it's not the building itself it's us what makes the neighborhoods. And I understand the complaints, because I have the same thing in Allapattah and a lot of my district. Whenever you see a problem, you got to call and you got to report it. A lot of times, we don't like to report it, because we don't want to be -- it's our neighbor. But if your neighbors do not respect your rights, you should not respect that neighbor. Any time you have a problem, call the Commissioner's office, I'm sure he'll take care of it. We'll do that; that's what we're here for. We need to hear from you all. So at this time, Commissioner, I'll yield to you so we can answer some of the questions. Commissioner Carollo: Thanks. Thanks, Mr. Chairman. First of all, I want to address what -- and I'm sorry, I know her as Corinna, and I've known her for quite a few years now. With regards to the notices, I try not to micromanage it and let our Planning Department deal with the notices, so I can't say that was involved at all with any notices, so I'm not sure what occurred. But once again, the good thing about an ordinance is that there's two readings, so maybe, maybe the City erred this time, and I'm not saying they did, but I'm saying maybe the City erred this time, but I want to see what needs to be done to make sure that in second reading, there is no mistakes, and everyone that you feel needs to receive notice does get notice. I know for a fact, because at least the Planning director sent it to me, was at least a brochure or something stipulating that there was going to be a meeting, and it was in Jose Marti Park and -- two of them; one last night for the historic preservation aspect of it, but before -- I forgot what day it was -- at least a week, maybe a couple of weeks ago with regards to the changes in the neighborhood, and I noticed a staff member of mine did go, and I'll be honest with you, I purposely did not go because I did not want to sway anybody one way or another. I wanted to make sure that the public actually spoke freely without the Commissioner being there or anything like that. That doesn't mean that I didn't have representation there, because my staff was there. So with regards to the notices, unfortunately, it's not the first time that I hear about notices, so I just want to make sure that we get it correct for second reading, because I do think it's important, and I want the majority of the people to speak or that want to participate to participate. As a matter of fact, I know at least one e-mail that I received, and the gentleman didn't come here to speak in public, and I want to ask the City Attorney later with regards to Jennings Rule, and how many people I could go visit and what documentation, because I want to go visit him. I want to really see what's his concern. And even here in the audience, I see a lot of people that haven't spoken, and I want to see what their concerns are. Some, I clearly see that they know that -- what the previous speaker said -- that we need to make changes to Little Havana, because -- in their words, not mine -- it's falling apart, but they didn't come up to speak, but still, I want to hear that from everybody. I want to hear what their concerns are. Ms. Grenet, with regards to the no parking restrictions and so forth and the businesses, I want our Planning director to address that so you understand what's going on. And again, from first to second reading; from first to second reading, there will be time, you know? And I will address every one of your issues. Now, this is the only thing that ask you. I can tell you -- and like I said, I could have had a lot of residents here, and the one thing all those residents will tell you is that I work in good faith. Everything that do is in good faith. I really hold my position very close to my heart, andl really believe in the fiduciary duty that have to the City ofMiami. So the only City ofMiami Page 106 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 thing I ask that just don't pepper me with problems to see what sticks. The only thing I ask is that, really, if you have concerns, I don't care what they are, whatever concerns you have, come to me, we'll speak about it. And again, I need to see about Jennings Rule. But don't pepper me with complaints just to see what sticks. Let's just make sure that if you -- there are truly concerns you have, we will address them. Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Carollo: Yes, yes. Chair Gort: Excuse me. Commissioner Carollo: No, absolutely -- no, those are regarding the pictures and we'll get the pictures. Chair Gort: Yes, you should turn them in, yes. Commissioner Carollo: And I'll go a step further, Ms. Grenet. I have my own pictures of some of those crack dealers. I've been out on the streets already, and I got my own pictures, and I know where they stand. And as a matter of fact, I could show you pictures in one corner, and it's the same person that's in the other corner. So we're going -- all that is going to be addressed. Now, with that said, Mr. Garcia, could you address with regards to the parking? Mr. Garcia: Thank you, sir, I'm happy to. I've taken copious notes, and there are a handful of items that I wanted to touch upon -- Commissioner Carollo: Sure. Mr. Garcia: -- in response to the concerns expressed. First, I'll make reference to a couple of very specific ones, because they're comparatively easy to dispense with. One is to address the question posed by Ms. Maria Rodriguez regarding her single-family residence and what the effect or the zoning changes might be. And the response to her question is that there is nothing in this ordinance that compels anyone to do anything to their property against their will. So if there is presently a single-family residence within the area, it can certainly remain a single-family residence, and nothing in the ordinance will impede that. I think there are a significant number of single -family -residence property owners that might have that concern, and that's certainly good to address. The other fairly technical point -- actually, the remainder, I'll address in this fashion, and I'll simply sort of turn it into a narrative, because they, I think, apply district -wide, and citywide, as well. Commissioner Carollo: And give me a second I just want Ms. Greten [sic] to be able to -- after she gave the documentation -- to sit down and listen to -- this may not address all her concerns, but at least that's a beginning. Mr. Garcia: Happy to try, sir. So what I will say is that as it does in the case with planning proposals, some may have spoken in favor, because they can easily see how the best case scenario or the best case turnout of these changes will produce positive results, and some, in expressing concern about this proposed change, would fear the worst case scenario as the result of these changes, and there is really in the end nothing for certain, and the best we can do -- and we certainly take this to heart -- is to give you, as the Commission and the community stakeholders that we interact with our best advice, our best recommendations in terms of what we think is the best path forward. So is gentrification a concern? Yes. We've heard it loudly; that is the concern expressed by those who fear the worst outcome, that any further development or redevelopment of the area will result in a significant detraction of its present charm and character; that's a concern. And those who are plagued with the further decay that the area City of Miami Page 107 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 seems to be experiencing, they certainly place their hopes on any change, or any change that's being proposed, in hope that that will have the intended result to actually make improvements on the area, so they're both sides of the same coin in a sense. The one thing I can tell you without equivocation, Commissioners, is that no one person that we've engaged in, and we've engaged with very many over the last two months, as I know you have, as well, no one person has said that they are satisfied with this area in East Little Havana in exactly the same way it is. To a person, everyone has a fairly lengthy list of complaints, and the overall tone, if I can generalize for a moment, is that it certainly needs attention and it certainly needs change. What that leaves us with in terms of a charge to do our job is to explore possibilities as to how to bring that change into place. And now, I will go to a comment made by the first speaker, Ms. Corinna Moebius [sic], which is about the public engagement and the public process, and, no, this is certainly not being proposed as the only alternative or the only means to effect change, but it is certainly proposed to you today, Commissioners, as one important first step; admittedly modest and gradual first step, but one important first step to get the ball rolling, so to speak, because what we know to be the case is that in comparison to the areas around it, this area has not benefited from the reinvestment that we think the area merits, and I'll be very clear as to why we think the area merits it, and merits it in droves. This happens to be still a fairly low -density area, very much close to the urban core of the City of Miami, which has densities, the likes of which are probably only existing in Tokyo and Singapore these days, for 1, 000-units per acre. This is within a stone's throw of downtown, and to have an area that is so well connected, so close to the infrastructure, so close to so many amenities, and that really has the bones to be able to promote the kind of pedestrian friendly environment that we've been touting for the last 10 years as part ofMiami 21, to have all that in place and not to take full advantage of it by simply restoring the density and development capacity that was available historically for the area, to me, would be a missed opportunity, which is why we feel as passionate and we feel as much in support for these amendments as we've expressed already. I wanted to certainly put that into the record. In terms of parking, there are no parking provision changes offered in this ordinance. They would -- the area in general would comply with the parking requirements available elsewhere citywide. There is some parking available on streets. There is probably need of additional parking in some of the areas, but what we expect as a result of Miami 21 is that that parking will be inserted in each property and made part of the new projects, because Miami 21 requires that that be so; while at the same time, not allowing for the parking to basically be the first thing you experience when you're walking by a site, requiring that that parking be masked with liner uses, whether they be residential or commercial. It brings me to the point about commercial that has raised some concerns. I want first to clarify that the area in which limited -- and I emphasize "limited" -- commercial is being proposed is the eastern end, so east of 8th Avenue, and that is the case in part because there is already a presence, as I showed in some of the slides, of some commercial establishments in the area, but I emphasize "limited," because they can only take place on the first or second story, and therefore, are likely to be small-scale retail, given the small size of the sites or offices, so an attorneys office, a CPA's (Certified Public Accountant) office, an architect's office or small retail to support the daily needs of the residents of the area, and the reason why some of the existing commercial establishments are perceived to be the note for some of that criminal activity -- I am now quoting, I think, some comments made by both Ms. Grenet and in other instances, by others that we've spoken with. We know that to be the case. We know it to be the case because there isn't that continuity and that sort of presence of people on the streets that we feel a more steady stream of commercial establishments would have. I can tell you -- and then again, you don't have to take it on faith. You can go to town after traditional town in the northeast and the northwest of the country; in Europe, certainly; in South America, Central America, which have neighborhoods, districts made up of this density and this building stock, the five -story building stock, which are walkable, and are sustainable, and have the security of people's presence on the streets, and that is exactly the model that we're trying to follow through this ordinance, so more commercial doesn't mean more criminal activity. More commercial, perhaps contrarily, means more presence on the street, and therefore, an active discouragement for additional criminal activity. In the end, what this is an attempt to do is to strike a fine balance between incentivizing some additional development of the right sort; City ofMiami Page 108 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 certainly, taking good note of the fact that some areas are very deserving of preservation and active preservation efforts are being made and we'll be going to the HEP, Historic & Environmental Preservation Board, as I said previously, on February 3. And for those who may be concerned about the possible demolition of some of the historic buildings, rest assured, and please know that once the item is brought before the Historic & Environmental Preservation Board, there is de facto a moratorium on demolition of any of the proposed structures, which means that by simply taking it to the HEP Board prior to their action, the moratorium exists, and because we have completed a very full report on these areas, we have every reason to expect that the HEP Board will certainly at least consider it favorably. Ultimately, it is their decision, but we're certainly going to make our best effort to have the area designated, and we have already engaged actively the property owners within the affected areas. Last but not least, as the Commissioners have said before, this is first reading. There is still second reading, which will take some time, because we now have to refer this proposal to Tallahassee should it pass today, for further consideration, concurrency analysis. We certainly welcome the opportunity in this interim to engage the public further, to listen to any ideas, concerns that you may have. And again, there are many other tools in the toolbox, and we're happy to use all of them, or many of them. This is only step one, but we certainly think it's a prudent step, and we've given it careful thought, and that is the reason we are recommending approval. Chair Gort: Francisco, my understanding, part of the complaint is the advice or, the information for the meetings and so on. How did you go about it? Mr. Garcia: Thank you, sir. I can assert unequivocally, and I say this because we know that it is a great responsibility that is placed on us in the Planning & Zoning Department that we have followed as pertains to the public hearings. We have followed the Code to a "T. " We have all the files in the office, and anyone is welcome to see them, but I think some of the comments that you heard were not so much necessarily about the notifications for the public hearings because those have been done flawlessly; we have those down to a science. I think the concern expressed was that perhaps there wasn't enough outreach to engage the public in the public meetings -- not the hearings, but the meetings, and to that end, I'd simply like to say briefly that we've done our best to reach out to the groups that have registered with the NET offices; sent notices via those meetings and also attempted to contact those who had shown interest in the subject matter; if we've missed any, I can certainly, without question, tell you that the meetings have been held, and I'm here to tell you that they have been well attended. Could we do better? Always. Will we take note of whoever wants to be advised for the next meeting and certainly seek their input? Absolutely. Chair Gort: My suggestion is, those of you who did not receive any information, please give the name and address and so on, so you can get it, okay? Raissa Fernandez: I just want for him to answer when was that public meeting held? Chair Gort: Okay, he'll -- Ms. Fernandez: Listen, I am with -- the interim chair for the Little Havana Merchant Alliance -- Chair Gort: Excuse me. You got to come to the mike, ma'am. Ms. Fernandez: Sure. My name is Raissa Fernandez, and I am a resident of Little Havana. I live in 1020 Southwest 7th Street, and I am the interim chair for Little Havana Merchant Alliance, and I can tell you for a fact we were not notified of any meeting. I work with a nonprofit for Little Havana Health Initiative, and that organization has not been notified. There are many groups -- we don't even know what day that public meeting that you're saying was held, when it was held, by who it was held. We didn't get any notification. Thank you. City of Miami Page 109 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: Thank you. When was that meeting held and the --? Mr. Garcia: Again, I can only suggest that the meeting was held. I was there, personally, as were many others, and it was very well attended. It is certainly entirely possible that they were not notified. What I can tell you is that we avail ourselves of the lists compiled by the NET offices as prescribed by the Zoning Ordinance and any organization that is duly registered with the NET offices through that system -- and that registration can take place through the internet -- was scheduled to be sent the notice. I will certainly do my research and see what may have happened, and do a better effort to get a more expansive outreach between first and second reading; I am happy to do that. Chair Gort: Let's make sure you get someone to go right now and get the name and address of these individuals, okay? Mr. Garcia: Yes, please. Chair Gort: Commissioner. Commissioner Carollo: Thank you, Mr. Chairman. First of all, the question is going to be with Madam City Attorney. Madam City Attorney, apparently, some people feel that they were not notified. I know the norm is not for the Commissioner to go out there and notify them; it's usually left to the Planning & Zoning Department. But now with that said -- not to mention the Jennings Rule -- I want to start asking you questions with regards to the Jennings Rule. Would I be able to go out there and speak with the various neighbors, and start doing my own outreach now; and if I do, how would I start documenting all that or what's the procedure that you feel I need to do in order to do that, in order to be able to go out there and start reaching out to the various neighbors? Ms. Mendez: All you would have to do is write down the name, time and place of the person that you spoke to and what you spoke about, and then before the next hearing, you would state on the record if anybody has an objection; then we would address it, but if not -- Commissioner Carollo: Name, time and place? Ms. Mendez: Name, the name and where, you know, where you spoke to the person, what you spoke about, the name of the person and a little -- just a little blurb about what it was about; a zoning question, about whatever. Commissioner Carollo: And can the blurb be regarding PZ.11 and PZ 12? Ms. Mendez: That is fine. Maybe if you just -- it depends how specific the conversation is, but if there were any questions about it or what have you, but it could be a few -- Commissioner Carollo: Well, the thing is -- Ms. Mendez: -- a line. Commissioner Carollo: -- I mean, that's fine and dandy if I talk to five people, but if I talk to 200 people, that starts -- Ms. Mendez: Yes. Commissioner Carollo: -- getting a little complicated; not only time -- and not to mention time-consuming. City of Miami Page 110 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Ms. Mendez: Right. Unfortunately, if it's on the zoning matter, that is what is required. If it's on a legislative item, that's not required, but -- Chair Gort: Record it. Commissioner Carollo: Okay, okay. With that said, I think -- and Francisco -- I'm sorry -- Mr. Garcia, question: With regards to reaching out to the State, does that happen if this legislation would pass, or does it have to be done between first and second reading? How -- can you explain, please? Mr. Garcia: Certainly, sir. Because this is a large-scale amendment -- Commissioner Carollo: Right. Mr. Garcia: -- as termed in the State statute, it must be the case that prior to final adoption by the City Commission, we must refer to the State of Florida, the Department of Economic Opportunity, formerly the Department of Community Affairs, a complete summary of the proposal for their evaluation for concurrency and statute compliance matters. That has to happen between first reading and second reading, so long, of course, as it is approved in first reading. Commissioner Carollo: Question: What happens if there are some tweaks from first to second reading? I'm not saying there will be, but at the same time, if I really am acting in good faith, then I need to be open to that. Mr. Garcia: Of course. Commissioner Carollo: So what happens if there are tweaks between first and second reading? Mr. Garcia: So what the State statutes require is that their review is vis-a-vis the land use component of the proposal. Because the land use component of the proposal is a very generic component, and all of the details that we are typically concerned about are related to zoning, those can change, those can fluctuate. It is certainly best if we know what the changes will be in case there are any major changes, but those would typically be dealt with through Zoning, so they typically don't impair the referral to the DEO (Department of Economic Opportunity). Commissioner Carollo: So if it would pass differently on second reading, would we have a chance to then update with the State? Mr. Garcia: There is a process. Should any of those changes, amendments or revisions trigger any matter that would be of concern to the State or that they've addressed by way of their comment in their referral back to us, we do have a means to cure that, as well, so that should not be a concern. Commissioner Carollo: Okay, thank you. And Mr. Bush, I'm not really sure if you're in favor of it or against it. I know you have issues, but I'm not -- and, you know, which concerns me, because it lets me know that I need to speak to you more. With regards to West Brickell, I can assure you, we're not making this Brickell and we're not making this West Brickell. With regards to park space, I'm embarrassed to say that I know a lot of residents -- not the ones that live in Coral Gables; not the ones that live in other residents -- residents there that will plead to me not to make any parks in that area, I'm embarrassed to say, because it's going to be a haven for drug dealers; it's going to be a haven for crime, so I can tell you this. And by the way, I've been a proponent of parks. I've been a proponent of parks. So listen, I'm not here to sugar coat anything. I'm giving you the hard facts. So I'm also telling you I'm going to try to change that as fast as I can, okay? Because I have been a proponent of parks; you know that very well. As a City of Miami Page 111 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 matter of fact, I would say the majority of the issues, we're pretty much on the same page, so I'm not saying that that will not change; I'm not saying that that's not a goal, butt can't be oblivious to some of the facts that are occurring right now, so I welcome, you know, being able to speak further to you and I guess we'll make all the documentations for Jennings Rule and so forth, but I really, you know, I value your opinion, and I, you know, would like to be able to speak to you further, as I will to many of the other residents and people that have come before us. And, listen, right now, what we're trying to do is make the minimum, most modest gradual change to bring density to the level that it was when those buildings that are currently there were originally built; it's as simple as that. What we cannot stand and continue to see is the substandard conditions that people are living in, the buildings deteriorating and nothing is happening. Now, I'm not saying that this is the only solution. I'm not saying that this is the silver bullet, you know, and I've already mentioned three areas that we need to address and will be addressing, and at the same time, I'm going to welcome and I'm going to ask for that fight and that passion to help me with this, because this is not the first time that these issues have been addressed in that area, and I don't see the changes; therefore, I think we need to -- let's just say work a little harder, and I think I'm going to need help from all residents. With that said, I believe that this should be passed on first reading. We will have time between first reading and second reading -- and by the way, Francisco, how much time does it need for the State and so forth? Because I want ample time. I don't want to rush this now and -- you know. I want ample time to be able to meet with the residents and so forth, so usually, how much time do you need? It's not the second meeting of February, correct? Or -- Mr. Garcia: No, not at all, sir. In fact, the typical time based on our experience is about three months. Commissioner Carollo: It's about three months. Mr. Garcia: Yes, sir. Commissioner Carollo: So between first and second reading, you're going to have plenty of time; there's going to be plenty of time to discuss, to talk to neighbors, but at the same time, all I'm asking is that you work in good faith, you work with me, because, listen, listen, I cannot in good faith sit here and do nothing when a 16-year resident of Little Havana says, `I'm embarrassed to say that I live in Little Havana, " and I can tell you, she's not the only one. She is not the only one. Now, that doesn't mean, that doesn't mean that there are not proud residents of Little Havana, and that doesn't mean that we're not going to make it better, but at the same time, I don't have to tell you, you know some of the conditions that I'm talking about. Just drive by there today, tonight, you know. Drive by there any day. As a matter of fact, all the times that I drove by with all the Administration, it was never planned "Let's go by there," you know. It was a meeting that I had with them and I'd say, "Hey, listen, let's do a field trip. Let's go out there now, " without being planned, so you actually see, hey, what's going on, on any given day, but there's going to be time between first and second reading, at least three months, so with that said, I am going to make a motion to approve -- and I'm sorry, Mr. City Clerk. I'll yield to you. Commissioner Suarez: No, I mean, I haven't spoken on this, so. Commissioner Carollo: Mr. City Clerk, do I -- can I make a motion on both, or they need to be taken one at a time, correct? Chair Gort: One at a time. Mr. Hannon: One at a time; yes, sir. Commissioner Carollo: Okay. I'll yield -- before I make any motion, I'll yield to Commissioner Suarez. City of Miami Page 112 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Suarez: Thank you. Mr. Chair? Chair Gort: Yes, sir. Commissioner Suarez: Thank you. I've listened obviously, patiently, as everyone has spoken on this issue, and you know, one thing that I'm not so sure got flushed out -- I think there was a mention of it, but I'm not sure that it got properly explained was the fact that in the beginning of February, there is a Historic Preservation hearing. Can you explain that a little bit more? Because I'm not sure that that got flushed out properly. Mr. Garcia: I'm happy to. Let me first clarify that that is a process which is independent from this one. Commissioner Suarez: Understood Mr. Garcia: And that the Historic & Environmental Preservation Board really -- Commissioner Carollo: Mr. Garcia, I'm sorry -- Mr. Garcia: Sure. Commissioner Carollo: -- to interrupt. However, that is why there was -- that issue was why there was a gridlock in the Planning & Zoning Board; it wasn't any of the other issues that were mentioned it was only because of the preservation of some of the buildings, so with that said Mr. Garcia. Mr. Garcia: No, I appreciate that, Commissioner. Andl would also like to emphasize that at the Planning, Zoning & Appeals Board meeting, which, as you know, is widely publicized, et cetera, we received predominantly positive feedback. That said, clearly, we've heard some concerns here today. At that meeting, the PZAB expressed concern about some of the historic structures in the area, and we conveyed to them that we had been working for some time on a proposal to designate a particular area a historic district within East Little Havana. The area -- and I would like to make specific reference for those of you who may not have heard -- is approximately a three -square -block area, and it is on the west side of East Little Havana, and it is actually where many of those photos that you saw earlier were taken, and it happens to be -- I think the easiest way to -- I want to get the exact reference so as not to confuse anyone; maybe the easiest way to get it is probably to look at my notes. So the reference marks are the following: It encompasses the approximately three blocks bounded by Southwest 5th Street to the south; Southwest 3rd Street to the north; Southwest 10th Avenue to the west; and Southwest 9th Avenue to the east, so the two blocks within those parameters are included and all the properties fronting those rights -of -way within those parameters are also included, so roughly a little bit more than three blocks are encompassed. And the reason why we zeroed in, in this area, is because there happens to be a critical mass of contributing structures, structures of historic significance within that area, which also happen to be in a fairly good state of repair, and certainly worth preserving, of different types, so it's an ideal condition. You have the three- or four-story Mediterranean -inspired residential buildings; you have some bungalows; you have some commercial buildings. It really is a good sampling of the character of East Little Havana, and so in terms of trying to preserve the cultural legacy and the architectural legacy of the area, we felt that that was very a representative zone, and this is why we are proposing it to the Historic & Environmental Preservation Board. As you might know, the Historic & Environmental Preservation Board will, on February 3, consider our preliminary report; they will then find that it is satisfactory or that we need to augment, or reduce, or modify the report in some way, shape or form. And there will then be a second reading before the HEP Board to finally determine what the boundaries of the district should be, and which the contributing structures should be City of Miami Page 113 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 and the non-contributing structures might be. We also explained to those who came to the meeting that we had actually last night -- and we will have more -- that -- and it was mentioned by one of the speakers -- by virtue of doing that, and should this zoning change come to pass, there would now be for all those property owners an additional development capacity, which can then be transferred as a transfer of development rights, and the monies received as a result of that sale of additional development rights can then be reinvested on the property for maintenance purposes, which is a proposal that is very attractive to them, as well. Commissioner Suarez: Thank you. I just think that needed to be flushed out, and I appreciate you, and I think that the DHT (Dade Heritage Trust) is here, and I think that mollifies their concern about this somehow being somewhat antithetical to historical preservation, so that's very important. And that will happen, presumably, before any zoning changes go into effect; is that correct? So -- Mr. Garcia: Yes. I'd like to say that that is certainly correct, but I'd like to add as well that, as I stated previously, that a moratorium against -- in fact, prohibiting the demolition of any structures proposed would be in effect the moment the notices are sent out for the first hearing. Commissioner Suarez: Thank you. So that was one issue I had. Another issue is, you know, it's a big concern to me, and I don't know how this happened but, you know, everyone knows how active the Little Havana Merchants Alliance is in Little Havana, so I don't know how it's possible that they weren't given notice of this, so I don't know what's going on, or why they're not getting notification of these things, but, you know, everyone knows in certain areas what are the organizations that are most vociferous, or most involved so that's a main -- that's a big concern for me, and I hope that we can remedy that in the future. It also is a concern that usually, a Merchants Alliance, which they're the lifeblood of their clients, if you will, of their businesses, if you will, is people, so when an area is going to be made more dense, typically, a Merchants Alliance would be supportive of that. Why? Because there's more people to spend more money in their specific business, so I'm a little bit concerned that there's some sort of disconnect or maybe some -- and this happened -- I don't know if you recall. We tried to do this on 27th Avenue, something very similar to this, and what I learned in that case -- and we ended up not going forward -- we decided -- and it's a different case, because 27th Avenue doesn't have the crime issues that Little Havana has, but I felt that 27th Avenue also did need a little bit of an injection in terms of development, but ultimately, there, we listened to a lot of the residents and decided not to go forward. In that case, to be completely frank, I don't think all the residents fully understood the ramifications, and so even though maybe there was a consensus not to go forward from the residents that we consulted with, I'm not so sure that they understood why it was being proposed. So I think sometimes, it feels to me like -- this is not easy stuff, guys; this is complicated You know, people make a living doing this. I mean this is -- if it were easy, you know, then anybody could understand that it's not -- and particularly when you change one zoning code to another; when you go from 11000 to Miami 21, they change all the terminology, all the jargon, everything gets totally changed. So I just find it a little bit hard to understand why a Merchants Alliance wouldn't want more density in an area that's walkable from where they reside, so that's something that just wasn't -- for me, it wasn't connecting. And just generally speaking, every property owner here in this zone -- first of all, as I think -- I don't know if it was the Chairman who asked the question or one of the audience members asked the question. When something like this happens, you don't have to do anything; nothing necessarily happens. I mean, it's not like you wake up in the morning and all of a sudden, things are different. What you've done is you've given the ability to do things, and it doesn't mean they're going to happen; doesn't mean they're not going to happen. What we have seen is for the last -- what? -- four years, we've seen Little Havana -- let me see how I put this -- as opposed to, let's say, for example, Shenandoah. I just went to Shenandoah. We both share Shenandoah. Shenandoah is a neighborhood that from last year to this year, I could tell you, I looked at the crime statistics. Crime is down 25 percent in Shenandoah. So can you say that in that zone, crime is down 25 percent? City of Miami Page 114 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Carollo: No. Commissioner Suarez: It's not. And I don't have the statistics. I'm not telling you from a statistical perspective. I'm just telling you from a -- from what we read. We get notices. There was a stabbing the other day on 14th and I believe just -- I think it was 14th and Flagler. Commissioner Carollo: Shooting yesterday. Commissioner Suarez: Shooting yesterday. So we get the notifications. So we're constantly plugged into what is happening from a violence perspective. We're not seeing that happen in some of the other neighborhoods, so I think part of these proposals are borne out of a frustration on our part, wanting to do something, you know, not feeling comfortable just sitting back and letting the status quo, because if we do nothing -- I mean, we can try to police more, we can, and we're trying to do those things; and we can try to code enforce more; we can try to do things on the solid waste front. We certainly can do that. We can certainly do a better job, and beautification -- and this is something that we've talked about in the context of the budget -- we're doing a woefully inadequate job in the City, woefully inadequate, and we really need to change that. But this -- you know, for a -- I can't see why a property owner would be against this. I have a hard time understanding why Merchants Alliance would be against it, to be completely frank with you, but I'm open to -- I'd like to hear why. You know, I'd like to know why. And I'm surprised that it didn't seem like you guys were incorporated from the get -go, and that, to me is -- I don't get it, you know. So, you know, we have to -- because I think -- I thought for the zoning notices, isn't any registered homeowners association or -- don't they get notification, or did that change with Miami 21? Mr. Garcia: No. That is absolutely the case, sir. That is our resource. What we do is we basically go to the list of registered or interested property owners, residents, stakeholders, generally, and reach out to them through those means. We've clearly got something wrong, and we'll look into it and correct it. Commissioner Suarez: Well, and the other thing is that -- for you guys to know, because sometimes, the public doesn't know; you know what I mean? Maybe a homeowners association, as well organized as they are, and they're very well organized -- you know, I've been to many of their meetings; they're very well attended The people who go there are very involved. Maybe they didn't know that they had to register; maybe they're not registered. I don't know if they are or they aren't, but, you know, it's a good idea for you guys to be registered, because you should be getting the notices, particularly when it's something that's impacting you, so you can be involved early on in the process, and it doesn't look like, hey, all of a sudden, you wake up one day, and you have these red things around your electrical poles, and then you're going, "What's going on here?" You know what 1 mean? So, you know, I know Ms. Zayas, who's a District 4 resident, and has worked very, very hard to make her neighborhood -- we've worked together very, very hard to make her neighborhood beautiful. I appreciate the fact that you are also getting interested in, you know, the east side of Little Havana, as well, because you're right, it is a unified area, and it's wedged between your single-family residential neighborhood and downtown, so it's a very critical and important part of the City, and a very historical part of the City, particularly for Cuban -Americans who came to this country. As a gentleman who owns property, I think Mr. Duran was saying, you know, "We came to this country and populated that area specifically." You know, it's a very historical area, so I think we need to do a lot better. You know, as for the zoning change, I would like to hear more. Ms. Fernandez: If we could clarify something. Commissioner Suarez: Sure. You've got to step to the mike if you're going to do it. City of Miami Page 115 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Ms. Fernandez: At no point did we say the Little Havana Merchant Alliance does not support or Chair Gort: Wait a minute. Ms. Fernandez: We just made -- Chair Gort: Name and address. Ms. Fernandez: -- it clear that we did not get notice. Chair Gort: Name and address. Ms. Fernandez: I'm sorry. Commissioner Suarez: Okay. Ms. Fernandez: Raissa Fernandez -- Commissioner Suarez: Good. Ms. Fernandez: -- 1020 Southwest 7th Street. Commissioner Suarez: Okay, okay, okay. Ms. Fernandez: Yes, we have not been notified -- Commissioner Suarez: I didn't get that. Ms. Fernandez: -- so our members have no idea of what's going on. Commissioner Suarez: Well, I appreciate that, because that makes sense to me. Ms. Fernandez: Yeah. We had no idea. Commissioner Suarez: That's a more -- a position that, to me, makes more sense, because I -- again, just what I said. I mean, I don't want to repeat what I said, but we got to fix that, so let's fix that. Ms. Fernandez: Thank you. Commissioner Suarez: And I would be willing to defer it, but if the district Commissioner wants to pass it on first -- Commissioner Carollo: I want to pass it on first reading, and then there'll be plenty of time between first and second. Chair Gort: Excuse me. Commissioner Suarez: You guys got to be on the record, guys. Chair Gort: Excuse me. Let's follow procedure, because everybody had the opportunity to speak. Ms. Zayas: Yeah, yeah. City of Miami Page 116 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: In order for you to speak, one of the Commissioners can ask you to do so. Are you going to ask them to speak? Commissioner Carollo: I think I got the gist of what she said, which is that she wants a deferral. However I -- Ms. Zayas: So we can all get information. Commissioner Carollo: -- don't think that there is a need for a deferral, because between first and second reading, there's plenty of time to remedy any issues. You have three months or more, so I don't see why we need to defer this item when there is plenty of time to discuss or address any issues and make sure that -- I'll be honest with you -- not only the Merchants Alliance, there's other merchants -- they may be called different names, but that have been in Southwest 8th Street for many, many years, and would like to probably know about this. So they are actually not the only group; there are other groups. Sometimes, I don't know if they don't necessarily all work together or are on the same page, but in all fairness, I'm there, I understand and I'll make sure that you do get notice if I personally have to go and make sure, and let you know, Raissa, because I do want all of you involved And by the way, give you a hint: Not just on this issue, there's other things I've been working for a long time in Southwest 8th Street, and unfortunately, it's not just this government; there's another government that we have to deal with, because FDOT (Florida Department of Transportation) is the agency that deals with Southwest 8th Street, so I don't want you to lose all your energies with this one. There's going to be other issues that we're going to be engaged in. I'm sure that I will need additional help, but anyways -- Commissioner Suarez: I just want to say I don't want to put words in the district Commissioner's mouth, but if he agrees, he'll say "yes"; if he doesn't, it's okay. You know, just because we vote -- and I'm going to defer to the district Commissioner on first reading -- in favor of something on first reading doesn't mean we're going to vote in favor of it on second reading, and I think there is, unfortunately, a -- I don't want to say a presumption or there's a fear that sometimes when you vote in favor of something on first reading, it's done, and I think that's why a lot of times, people push for deferrals rather than just say, "Pass it on first and we'll deal with the kinks between first and second" I think what you're hearing from the district Commissioner -- and I don't want to put words in his mouth, but we have a three-month process. This is going to be a lot of time for us to vet this, and if at the end of the vetting we decide this is not worth going forward with, then we don't go forward with it. But I don't want you to get the impression that if we pass it on first that that necessarily means we're going to vote for it on second. Does that -- is that a fair statement? Commissioner Carollo: Well, you know, I usually -- I will say this: I usually speak more with actions than with words, and that's why a while ago, I asked even though we had to present it to the State, if we have to make changes, do we have time and can we, you know, send in an amendment. So the truth of the matter is that, no, I've been warned that many, many times I have, you know, said on the record that just because you vote in favor of it, you know, in first reading doesn't mean that you necessarily vote on it on second reading. Now, that, at the same time, I don't want to give anyone the impression that, yeah, yeah, they're passing it now, but, yeah, we're not going to pass it, you know, on second reading. And by the way, I mean, look, it's 7:45 and we got three Commissioners here. I don't want to, you know, I guess, overstay the courtesy that my colleagues have given me, because, by the way, just like Francisco showed pictures, I have pictures myself and some of those pictures may not look as nice as Mr. Garcia's. So with that said, I think we should just move forward. I'm going to make a motion to approve PZ 10 [sic] -- I just want to verify -- no, PZ 11. So I will make a motion to approve PZ.11. Chair Gort: There's a motion to -- is there a second? City of Miami Page 117 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Suarez: Second. Chair Gort: It's been second. Discussion. I think we had enough. Let me tell you a little something. Our neighborhoods has changed quite a bit in the last 40 years. Today, I passed a resolution in my neighborhood, in Allapattah. What needed to be done, it was a large strip on 27th Avenue and 20th Street all the way through 13th Avenue. As you could see, there was no opposition here; everybody was in favor of it. East Little Havana, we have studied going back, and this was before even I was a Commissioner, 1976, because that's been an area that has changed quite a bit; the change is constant. Now, some of you people don't live in the area, I think you should go in there and walk through the whole area and see. At the same time, when you look at the change of zoning, look at how it's going to affect you particularly. I think that's very important, how -- what's in it for me, what's going to happen to me? It's important. But what it's going to do to the whole neighborhood, that's what we have to look at. And like Commissioner stated before, he's been working on this. This change is not enough. You need code enforcement. You say you worked in code enforcement before. One of the biggest problems that we have -- no? Okay, I thought you made a statement you did Unidentified Speaker: (UNINTELLIGIBLE). Chair Gort: There's something called "CU, " which is certificate of use that's being misused in our neighborhood. That certificate of use, there's certain use that you can do. You can have a cafeteria, you can have all the groceries, but people abuse those certificate. Today, we have a problem when the little cafeteria becomes a nightclub. They're only supposed to serve beer until 10 o'clock and with food They stay open to 1 and 2 o'clock in the morning, and that's code enforcement. So it's not only this what needs to take place. Code enforcement has got to come in, and he's been working on that. We all have been working on that. And make sure that the code enforcement understand the certificate of use, how they can really be used. So it's not an easy process; it's a long process. But all of us are here. All three of us are still here. I'm really proud of Little Havana. I think that's the -- Little Havana, to us, especially the Cuban -Americans that came here at first in the '60s, it becomes like the idol to us. That's the icon, because we have made some changes in there. Okay, that's further discussion. It's an ordinance. Ms. Mendez: These are long, so bear with me. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ 11. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. PZ.12 ORDINANCE 14-01201zc First 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 OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED BETWEEN SOUTH RIVER DRIVE, INTERSTATE 95 AND SOUTHEAST 4TH AVENUE TO THE SOUTH OF MIDBLOCK OF SOUTHWEST 6TH STREET, AND THE NORTH OF MIDBLOCK OF SOUTHWEST2ND STREET, THE SOUTH RIVER DRIVE HISTORIC DISTRICT AND THE HISTORIC J.W. WARNER HOUSE, AS IDENTIFIED IN EXHIBIT "B," ENTITLED "PROPOSED ZONING AREA KEY MAP," EXCLUDING 129 SOUTHWEST 4TH AVENUE, City of Miami Page 118 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 MIAMI, FLORIDA, 135 SOUTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, RIVERSIDE PARK, AND JOSE MARTI PARK; MORE SPECIFICALLY: AREA A: SECTION A-1: CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT ZONE -RESTRICTED" TO T5-O "URBAN CENTER TRANSECT ZONE -OPEN" FOR THE PROPERTIES APPROXIMATELY LOCATED BETWEEN SOUTHWEST 1ST STREET AND SOUTHWEST 2ND STREET, BETWEEN SOUTHWEST 5TH AVENUE AND THE MIAMI RIVER, INCLUDING THE SOUTH RIVER DRIVE HISTORIC DISTRICT AND THE HISTORIC J.W. WARNER HOUSE, AND EXCLUDING THE PROPERTIES APPROXIMATELY LOCATED AT 129 SOUTHWEST 4TH AVENUE AND 135 SOUTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA; AND SECTION A-2: CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT ZONE -RESTRICTED" TO CI "CIVIC INSTITUTIONAL," FOR THE EASTERN 2.18 +/- ACRES PORTION OF THE PROPERTY APPROXIMATELY LOCATED AT 660 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, AKA "ADA MERRITT K-8 LEARNING CENTER"; AND SECTION A-3: CHANGE OF ZONING FROM CI "CIVIC INSTITUTIONAL" TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED," FOR THE PROPERTY APPROXIMATELY LOCATED AT 660 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, AKA "HOPE CENTER, INC."; AND SECTION A-4: CHANGE OF ZONING FROM T5-L "URBAN CENTER TRANSECT ZONE -LIMITED" TO T6-8-O "URBAN TRANSECT ZONE -OPEN," FOR THE PROPERTIES FRONTING THE EAST SIDE OF SOUTHWEST 8TH AVENUE ALONG THE NORTH AND SOUTH SIDE OF SOUTHWEST 7TH STREET, MIAMI, FLORIDA, AS IDENTIFIED IN EXHIBIT "C"; AND SECTION A -A: CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT ZONE -RESTRICTED" TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED," FOR THE PROPERTIES APPROXIMATELY LOCATED BETWEEN NORTH OF MIDBLOCK SOUTHWEST 2ND STREET, AND SOUTH OF MIDBLOCK OF SOUTHWEST 6TH STREET BETWEEN SOUTHWEST 8TH AVENUE AND THE MIAMI RIVER AND INTERSTATE 95, MIAMI, FLORIDA, EXCLUDING JOSE MARTI PARK, RIVERSIDE PARK, AND SECTION A-1, A-2, A-3, AND A-4; AND AREA B SECTION B-1: CHANGE OF ZONING FROM T4-L "GENERAL URBAN TRANSECT ZONE -LIMITED," TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED," AND T5-L "URBAN CENTER TRANSECT ZONE -LIMITED" TO T6-8-O "URBAN TRANSECT ZONE -OPEN," FOR THE PROPERTIES FRONTING THE WEST SIDE OF SOUTHWEST 8TH AVENUE BETWEEN SOUTHWEST 2ND STREET AND SOUTHWEST 7TH STREET, INCLUDING 835 SOUTHWEST 7TH STREET, 822 SOUTHWEST 6TH STREET, AND 142 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, ALONG WITH THE PARCELS City of Miami Page 119 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 639 SOUTHWEST 8TH AVENUE, 639 SOUTHWEST 8TH AVENUE, AND 775 SOUTHWEST 8TH STREET, MIAMI, FLORIDA; AND SECTION B-2: CHANGE OF ZONING FROM T4-L "GENERAL URBAN TRANSECT ZONE -LIMITED" TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED," FOR THE PROPERTIES APPROXIMATELY LOCATED AT 1153 SOUTHWEST 2ND STREET, 128 SOUTHWEST 11TH AVENUE, 136 SOUTHWEST 11TH AVENUE, 1101 SOUTHWEST 2ND STREET, 1107 SOUTHWEST 2ND STREET, AND THE SOUTHERN PORTION OF THE LOT FRONTING SOUTHWEST 2ND STREET, IDENTIFIED AS 1150 SOUTHWEST 1ST STREET, MIAMI, FLORIDA; AND SECTION B-B: CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT ZONE -RESTRICTED" TO T5-R "URBAN CENTER TRANSECT ZONE -RESTRICTED," FOR MULTIPLE PARCELS IN AN AREA GENERALLY BOUNDED BY THE NORTH MIDBLOCK OF SOUTHWEST 2ND STREET, THE SOUTH MIDBLOCK OF SOUTHWEST 6TH STREET, AND THE WEST MIDBLOCK OF SOUTHWEST 11TH TO SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, EXCLUDING SECTION B-1 AND B-2; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-01201zc FR Fact Sheet.pdf 14-01201zcAnalysis, Maps and PZAB Reso.pdf 14-01201zc-Submittal-Lucille Grenet-Photos.pdf 14-01201zc-Submittal-Commissioner Carollo-Miami Lighthouse for the Blind.pdf 14-01201zc-Submittal-Planning and Zoning Director Francisco J. Garcia-Presentation.pdf 14-01201zc Legislation (v2).pdf 14-01201zc Exhibit.pdf LOCATION: An area generally bounded by Southwest 2nd Street to the north, Southwest 6th Street to the south, Southwest 11th Avenue to the west, and Interstate 95, the Miami River and Southwest 4th Avenue to the east, excluding Riverside Park. [Commissioner Frank Carollo - District 3] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 14-012011u. PLANNING, ZONING AND APPEALS BOARD: Motion to adopt on December 17, 2014 failed by a vote of 4-4, thus constituting a denial. See companion File ID 14-012011u. PURPOSE: This will change the zoning designation for the above referenced area. The proposed rezoning will align the area with a zoning designation that is appropriate with the current character and future development needs of the neighborhood and bring a series of non -conforming properties into compliance. City of Miami Page 120 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Hardemon Note for the Record: Please see Item PZ.11 for minutes referencing Item PZ.12. Chair Gort: Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I'd like to move PZ.12. Commissioner Suarez: Second. Chair Gort: It's been moved. Is there a second? Commissioner Carollo: Second by Commissioner Suarez. Chair Gort: Second by Commissioner Suarez. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ 12. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. Chair Gort: Thank you. Do I have a motion to adjourn? Commissioner Carollo: Motion to adjourn. Commissioner Suarez: Second. Applause PZ.13 ORDINANCE 14-00515zt Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, MORE SPECIFICALLY BY MODIFYING ARTICLE 7, SECTION 7.1.1.4(d)(4), ENTITLED "PLANNING, ZONING, AND APPEALS BOARD", SUBSECTION (D)(4), ENTITLED "PROCEEDINGS OF THE BOARD", TO PROVIDE THAT TO APPROVE CERTAIN ACTIONS, OR TO RECOMMEND APPROVAL OF CERTAIN ACTIONS, AS SPECIFIED BELOW, THE CONCURRING VOTES OF A SUPERMAJORITY OF BOARD MEMBERS, WHICH CONSISTS OF ONE (1) MORE MEMBER THAN A SIMPLE MAJORITY, BE REQUIRED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00515zt SR Fact Sheet.pdf 14-00515zt SR PZAB Reso.pdf 14-00515zt Legislation (v2).pdf City of Miami Page 121 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 3, 2014, by a vote of 8-0. PURPOSE: This will make Miami 21 consistent with Chapter 62, and provides that to approve, or to recommend approval of certain actions, the concurring votes of a supermajority of board members, which consists of one more member than a simple majority, be required. Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be CONTINUED 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.13 was continued to the Februaty 26, 2015 Planning and Zoning City Commission Meeting. Chair Gort: Okay, once again, will you repeat the Little Havana zonings to be heard at 5:30, at the request of the community? Francisco Garcia (Director, Planning & Zoning): That is correct, sir. Planning & Zoning director Francisco Garcia translated his comments from English to Spanish. Chair Gort: Thank you. PZ 14. Mr. Garcia: If the Commission pleases, PZ.13 is also ready to be heard. Should we move on to PZ.13? Chair Gort: Fourteen, yes. Mr. Garcia: Thank you, sir. PZ.13 is proposed to be an amendment that basically brings Miami 21, your Zoning Ordinance, in line with provisions already existing in the City Code, which happen to be the present operating procedures for the Planning, Zoning & Appeals Board. The change is basically this: Right now in the Zoning Ordinance, the term "supermajority," which is required for some action to be taken by the PZAB, a "supermajority" is defined to be an affirmative vote of seven members of the PZAB. The proposal before you today is to change that language to conform to the language already existing in the City Code, which calls for a supermajority to be the majority of members present, plus one. And you might imagine that, mathematically, that makes a difference, depending on the number of members present. I will tell you that we are recommending approval. We actually presented it to the Planning, Zoning & Appeals Board and they recommended approval as well, and it would certainly facilitate our ability to do business and to have items that are properly considered by the PZAB; and when their intent is really to recommend approval, at least in their supermajority, to come before you with that positive recommendation, if that is the case. We ask you to consider it and are happy to answer any questions. Chair Gort: Thank you, sir. Public hearing. Is anyone in the public would like to address PZ.13? Anyone in the public would like to address PZ.13? Seeing none, hearing none, close the public hearings [sic]. Commissioners. City of Miami Page 122 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Sarnoff. So move, Mr. Chair. Commissioner Suarez: Second. Chair Gort: Been moved by -- Commissioner Suarez: Second for discussion, quick discussion. Chair Gort: Who moved it? Commissioner Sarnoff. I was the mover. Chair Gort: Oh, moved by Commissioner Sarnofff. second -- Commissioner Suarez: Second. Chair Gort: -- by Commissioner Suarez for discussion. You're recognized. Commissioner Suarez: Thank you, Mr. Chair. The -- does this cleanup also the -- you said there was a conflict between the ordinance and -- Mr. Garcia: The City Code. Commissioner Suarez: -- the Code. Mr. Garcia: Yes, sir. Commissioner Suarez: Does this clean that up? Mr. Garcia: It does. Commissioner Suarez: Okay. I -- look, I'm fine with it. Let's just leave it at that. I'm fine with it. Chair Gort: Okay. Any further discussion? Vice Chair Hardemon: I'm not fine with it. Commissioner Suarez: I had a feeling. I had a feeling. Vice Chair Hardemon: Yeah. Commissioner Suarez: That's kind of where I was going, but I decided to just let it go, but I wasn't sure. Vice Chair Hardemon: Listen, I -- the way that I see it, I'll lose this vote. However, I believe that you should not water down what a supermajority is; it is that for a reason. If there's a conflict between this and the Code, then maybe the Code needs to be corrected so that the vote should remain at seven. When you start to change the definition of what "supermajority" is, in my personal belief you're taking away the integrity of that ordinance or whatever that law is, because there's a reason the number's so high. When someone tells me, "Well, we don't have the attendance necessary to meet the supermajority; it makes business doing" -- "the ability to do business difficult." Well, that's the reason why you have a supermajority; to make the business, or whatever you're trying to do, difficult, and then so the mission then becomes to get quorum, City of Miami Page 123 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 and I don't think they have a problem getting quorum. They've had it a couple times; they did not have quorum, and that's a body -- that's not a five people -- I mean, it's a significant number of individuals. So not to belabor the point, but I do not agree with it. I will not be voting in favor of it. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: Yeah, and I took into consideration the Vice Chair's sentiments on first reading, and I guess -- I had asked the Administration, which I don't see here. I don't know if the Clerk was there or if it was ever communicated to the Clerk. But you can look at supermajority in a variety of different ways. You can look at it as a percentage of the whole. Usually, supermajority is something extraordinarily more than the majority, so I've seen it often as four -fifths or two-thirds. Two-thirds is 66percent; four fifths is 80 percent. So I just wonder if there was an effort made to try to draft something that may do both things. In other words, may keep a supermajority of the then -voting members by quorum but not keep it as quite as rigid as your position, Mr. Vice Chair, because the reality is, oftentimes, there isn't 11 members, so you're making it potentially 90 percent of the vote has to be -- it's almost a unanimity, and if it were unanimity then, we could say "unanimity," you know. So I'm just kind of -- maybe it's my over -mathematical mind -- overly mathematical mind -- Chair Gort: That works. Commissioner Suarez: -- Mr. Chair. But I don't know if maybe we can defer this or -- go ahead I'm sorry. Victoria Mendez (City Attorney): IfI may -- and Vice Chairman, I'm sorry ifI was inarticulate in briefings when -- I just wanted to give you a little history on this. In -- Miami 21 passed language that you had to have seven people to vote on a particular item, which is exceptions, you know, comp plan, anything, re -zonings, anything like that; seven people. So let's say you didn't have seven people appointed to the board at that time; you weren't passing anything. Or if you didn't have quorum that day, you weren't passing anything. So what happened a few years ago, the City Code, through a supportive planning and zoning process, they said to please work with this to try and figure out a way so that the votes could be had. Now, Chapter 62 was changed two to three years ago and then, unfortunately, Miami 21 sometimes, whether it's housekeeping or just because there's just so many things happening, Miami 21 was not changed at the same time. So I don't want you to think that we -- I just wanted you to know how it came. It started off with having seven members having to vote for everything, which made it an inordinate burden, pretty much, to ever pass any changes that were good. And also remember that Miami 21 is fairly new as a Zoning Ordinance, so when you started doing certain things in practicality, it just didn't work; and those are the little kinks that you fix along the way, so we fixed it in 62 first and now we're fixing it in Miami 21. So I just wanted you to know that it wasn't a watering down, per se; it was just trying to see what worked in order to be able to pass legislation and -- that was fair. Chair Gort: And was that -- was this a request of the board members or a request of the Commissioners? Ms. Mendez: I cannot tell you if it was the Commissioners. I do know that the board was frustrating it -- frustrated in not being able to make certain changes that they thought -- and it's a conservative board and it always has been. But the board was frustrated at the time that it wasn't able to make certain recommendations because things were failing just because they didn't have the requisite amount of people on the board and things of that nature. So I just wanted to give you that history, and I wasn't that descriptive in briefings and I apologize, but City of Miami Page 124 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 that was -- and maybe Francisco can add to that. Chair Gort: Yes, sir, you're recognized. Vice Chair Hardemon: When I read this amendment, what I'm reading is the seven, as it currently stands, is only required under this document where you're making amendments to the City Comprehensive Plan -- pretty important -- recommend amendment to the text of the Miami 21 Code -- additionally important -- rezoning, and special area plans, or to provide -- or to approve an exception shall be taken without the concurring votes. So -- Ms. Mendez: Which is pretty much everything. It's pretty much everything that the Planning & Zoning Board does; like the things of true substance, other than appeals or things of that nature. Vice Chair Hardemon: I think the Planning & Zoning Board is probably one of the most important boards that we have within the City of Miami. Chair Gort: Yes. Vice Chair Hardemon: What they do is very, very important, and to lower the requirement of their vote on certain items, to me, I don't think is smart. I think that's one of the boards that we have a duty to ensure that our representatives are there and they participate, unlike other boards. We have so many boards that we're constantly waving the attendance requirements and things of that nature because we're happy that they would even be -- consider to do that. But there are people who are paid to be on the Planning & Zoning Board. So I just don't -- Commissioner Suarez: Let me argue against myself now. Chair Gort: Yes. Commissioner Suarez: I'm going to argue against myself. When the City Commission requires four -fifths of a vote, if you have three members present, even if all three vote, it's unanimous, it's 100 percent; and yet, it doesn't meet the four -fifths threshold, so there's some -- I'm arguing against myself now -- validity to having it be a set number and saying, irrespective of how diluted the quorum is, the number remains the same, because we have a public policy reason for leaving it that way. So I'm now making a more articulate argument in favor of your position than you are, Mr. Vice Chair. Vice Chair Hardemon: Listen, I made my argument last time. I don't have to make it again. I think I'm very clear about how I felt about it. I think it's 11 members on that board. Mr. Garcia: Eleven voting members, that's correct. Vice Chair Hardemon: So, and -- Commissioner Suarez: You know what? Vice Chair Hardemon: I'm not the mathematician, but seven out of eleven is what? About -- Commissioner Suarez: It's about 70 percent. Yeah, a little bit less than 70 percent. Chair Gort: (UNINTELLIGIBLE). Vice Chair Hardemon: I like that number. But we can call it -- Commissioner Suarez: You know what? You convinced me. How 'bout that? How often do you City of Miami Page 125 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 hear that? Vice Chair Hardemon: I still lose. Commissioner Suarez: But I'm saying you convinced me on this one. Vice Chair Hardemon: Oh, no, no. I might win. Commissioner Suarez: You convinced me. Chair Gort: Convinced you to what? Okay. Commissioner Suarez: Convinced me of his position. Chair Gort: I have a motion and a second. Commissioner Suarez: I revoke my motion. Didn't I make the motion? Did I make the motion? Todd B. Hannon (City Clerk): The seconder was -- Commissioner Suarez: I revoke my second Chair Gort: You revoke your second? Commissioner Suarez: Yeah; he convinced me of his position. Mr. Garcia: If I may, Commissioners. And not to make too fine a point of that -- and we can certainly upgrade under any set of rules -- I want to first echo, because we work with the Planning, Zoning & Appeals Board in a very constructive and collegial fashion and I certainly respect the members immensely. To the point of 7 out of 11, being roughly 75 percent, the unfortunate result in our minds of the failure of this argument to pass -- or this proposal to pass is that when quorum is met barely, which happens now and again -- seven members will be there to vote -- it will require a unanimous vote of the PZAB to obtain a recommendation of approval. In the end, it is an advisory board and the decision is yours in the end. What you may -- what may happen, and I think unintendedly, is that you will receive from the Planning, Zoning & Appeals Board a negative recommendation when, in fact, the preponderance of the arguments of the PZAB will have been in favor of it. We can certainly account for that by presenting to you exactly what the discussion has been back and forth so -- Commissioner Suarez: I think (UNINTELLIGIBLE) -- Mr. Garcia: -- either way works. Chair Gort: Excuse me. You're recognized. Vice Chair Hardemon: It's about 63 percent of the vote. Commissioner Suarez: Yeah, that's what I was going to say. Vice Chair Hardemon: Two, if you know you don't have enough people to vote on that matter, then you -- you know, you typically don't take the vote. I mean, that's part of parliamentaty procedures. You have to gauge whether or not you should move forward with that motion. So if there's an applicant and there are seven people sitting up here judging that application and they know that there are people in the community that are against it, they may want a continuance or a deferral so they have more people. I mean that's part of the strategy of making sure that things City of Miami Page 126 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 pass in your favor. Ms. Mendez: Which usually don't get the continuance, because the board is as conservative on continuances as this Commission. Vice Chairman Hardemon: But at that point -- Chair Gort: Okay, (UNINTELLIGIBLE). Vice Chair Hardemon: I'm sorry. But at that point, Mr. Chairman -- Chair Gort: Excuse me. Yes, go ahead Vice Chair Hardemon: At that point, then you're punishing the applicant for the failure of the board to meet, and I don't think that's something that any board would do. Chair Gort: The maker of the motion. Commissioner Sarnoff. Well, I can make a motion, but I can't -- Chair Gort: 171 second it. Vice Chair Hardemon: Call the vote. Commissioner Suarez: I would -- let's do this -- and I have like the stand-off at the O.K. Corral, the second one of the day. Why don't we defer it? Let the Administration work on all of us. We obviously have passionate arguments on a very dispassionate issue. Chair Gort: Right. Commissioner Suarez: Let's get some data. I had asked you guys to do the matrix; that never happened. Let's get some data. How has this affected decisions? Have there been any decisions that have been delayed, things of that nature? And I think we can come back and, look, we may end up just deciding to leave it as is and changing the Code to reflect our Ordinance and just leaving it as that, okay? Chair Gort: Okay, do I have a motion? Commissioner Suarez: Motion to defer for 30 days, for two Commission meetings. Mr. Garcia: Thank you, sir. Vice Chair Hardemon: Second. Chair Gort: It's been moved and second. Any further discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Suarez: Thank you. Ms. Mendez: And just so that it's clear for the record, because the Chapter 62 Ordinance came after in time than the Miami 21 Ordinance, and it says that there are -- portions that are inconsistent shall obviously travel under Chapter 62, the practice is still that the supermajority is as we're posting right now, so if this Commission decides that that is not what they want, we need City of Miami Page 127 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 PZ.14 14-01074zt to, like you said Commissioner -- Chair Gort: Redact it. Ms. Mendez: -- Suarez, change it back. Commissioner Sarnoff Yeah. Chair Gort: You guys have got to come and talk to us and -- Commissioner Sarnoff Yeah. Bear in mind, I mean, the PZA Board itself voted 8-0 for this provision, so they're telling us themselves they want this provision. Mr. Garcia: Unanimously, I might add. Commissioner Suarez: Well, I think it -- 8-0, the last time I checked was unanimous, but that's even a better way of putting it. Chair Gort: PZ 14. Commissioner Suarez: Eight -oh as unanimous as 7/11ths is not 75 percent, okay? ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY MAKING MINOR AND NON -SUBSTANTIAL CHANGES CLARIFYING AND CORRECTING LANGUAGES AS TO RULES OF CONSTRUCTION, DEFINITIONS, AND TERMS BY AMENDING ARTICLE 3 "GENERAL TO ZONES" AND ARTICLE 6 "SUPPLEMENTAL REGULATIONS" TO ALLOW SUBSTITUTION OF "AND" FOR "OR" TO INDICATE THAT THE CONNECTED ITEMS MAY APPLY SINGLY OR IN ANY COMBINATION; AND BY AMENDING APPENDIX A "NEIGHBORHOOD CONSERVATION DISTRICTS" TO CLARIFY APPLICABILITY OF SETBACK REQUIREMENTS FOR SINGLE FAMILY LOTS EQUAL TO OR GREATER THAN 10,000 SQUARE FEET LOCATED IN THE COCONUT GROVE CONSERVATION DISTRICT NCD-3; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-01074zt SR Fact Sheet.pdf 14-01074zt PZAB Reso.pdf 14-01074zt Legislation (v2).pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on November 5, 2014, by a vote of 7-0. PURPOSE: This will allow and non -substantial changes to Article 3, Article 6, and Appendix A of the Miami 21 Code in order to emphasize the intent of the Code and clarify language previously approved by the City Commission. City of Miami Page 128 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 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 13494 Chair Gort: PZ 14. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.14 is a City -sponsored proposal to amend the Zoning Ordinance. This is before you on second reading. And it is basically to correct what we consider to be scrivener's errors, but we thought we'd make an ordinance for out of an abundance of caution. And basically, the changes are as described previously as follows: We are replacing the word "and" for the word "or" to signify that a couple of requirements can be had in one place or another but not necessarily in both. This pertains particularly to limited commercial uses on the ground floor of buildings and/or liner units. They don't have to have it in both; they can have it in either/or. And the other component to this scrivener's error ordinance, as we call it, is to clarify that in the Neighborhood Conservation District Number 3, which encompasses all of Coconut Grove, the provisions on Section 3.6 are provisions that pertain to setbacks and interior yards for all single-family residential properties or all single-family zoned properties within Coconut Grove, not just for those that are less than 1,000 square feet, and the ordinance itself makes that clear as you move down on the line. You've had an opportunity, I assume, to review the language, and we're comfortable, and we've presented it to the community. We're comfortable that striking the language, "less than 1,000 square feet," clarifies the intent and the applicability of the ordinance. I'll answer any questions you may have. Chair Gort: (UNINTELLIGIBLE). Commissioner Sarnoff.: So, Mr. -- sorry, Mr. Chair. Can I --? So Mr. Planning Director, in layperson's term, to an NCD (Neighborhood Conservation District) person in the Grove, it has no change at all? Mr. Garcia: Precisely right. We've been implementing it this way, and it is, I think, reflective of the intent of the ordinance. Yes, sir, absolutely. Commissioner Sarnoff.: I move it, Mr. Chair. Commissioner Suarez: Second. Chair Gort: Okay, it's been moved and second. It's a public hearing. Is anyone in the public would like to address issue PZ.14? Seeing none, hearing none, close the public hearings. It's an ordinance. Commissioner Suarez: It's a reso. Reso, no? Commissioner Sarnoff.: No, ordinance. Chair Gort: Second reading. Commissioner Suarez: Oh, my bad. I'm sorry. Victoria Mendez (City Attorney): An ordinance of the Miami City -- City of Miami Page 129 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Suarez: It's been a while, Chair. Ms. Mendez: Yes? PZ.14, correct? Chair Gort: Yes. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ 14. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading 3-0. Chair Gort: Thank you. PZ.15 ORDINANCE 14-01075zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 7 "PROCEDURES AND NONCONFORMITIES" TO MODIFY PARKING REQUIREMENTS FOR ADAPTIVE USES; CONTAININGA SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-01075zt-Presentation-Director of Planning and Zoning Department Francisco J. Garcia -Miami 14-01075zt FR Fact Sheet.pdf 14-01075zt PZAB Reso.pdf 14-01075zt Legislation (v2).pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on November 5, 2014, by a vote of 7-0. PURPOSE: This will allow non -conforming Buildings with less than the required on -site parking or no parking to continue to exist with vested rights while emphasizing the intent of the Miami 21 Code to promote rehabilitation, restoration, and adaptive uses on existing Buildings. Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Noes: 1 - Commissioner(s) Suarez Absent: 1 - Commissioner(s) Carollo Chair Gort: PZ 15. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.15 is back before you on first reading, and the direction we received from this board when it was heard the previous time and deferred was that you wanted additional proposals to address some of the concerns that were expressed by stakeholders present, and so I would like to do the following and ask the -- for City of Miami Page 130 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 the assistance of the audio visual office to show a couple of maps that 1 think will tell the stove. One of the means -- I'll first cover vety briefly what the intent of the ordinance is. There has been a Miami 21, from its very incipience, an incentive to allow for adaptive reuses to take place in existing structures. And what that means simply is that if a structure was built for a particular use which is no longer viable, it can change use from one to another without necessarily having to provide additional parking as a result of that. Now, when the previous use, let's say, was a commercial use and the new use is an office use, it's a roughly equivalent change. The parking ratio for commercial uses and for residential -- I'm sorry -- and for office uses is exactly the same under Miami 21, and I think it is safe to assume that there will be no negative effect as a result of that change of use, and that should be encouraged. The point made by many of the speakers who spoke at the last hearing was that when that change happens from residential to office or from residential to commercial, because the original parking provisions were made for a residential use, there is likely to be a significant parking shortage, and I think that is a concern that makes abundant sense. Much of what you heard in that conversation had to do with protecting residential areas; certainly, it is part and parcel of the intent of Miami 21 to protect residential areas, especially low -density residential areas. What I want to show you in this image is that if one were to implement a buffer -- and I have chosen here a 500-foot buffer, which happens to be the precedent established by Miami 21 -- what happens unfortunately is that much of the adaptive reuse that happens throughout the City, which happens to be in close proximity or fairly close proximity to residential areas, would be disabled, would be incapacitated. We think the better solution to the concerns addressed to this Commission is to limit the adaptive reuse ordinance and applicability to changes with like parking ratios, so from office to commercial, from commercial to office; and certainly, industrial has even lesser parking requirement, so those will be fine, too; but through a process of a warrant, allow for changes that go from residential to any of the higher uses that require more parking for those to be vety closely examined; and if those were to happen within close proximity to a residential area, then those would typically not be allowed, but if they happened away enough from a residential area, because the residential structure is apart from it and now embedded in a commercial district, then those would be considered favorably. We want -- we wouldn't want to rule it out, but we would want to check very closely that the adverse effect does not take place. That is what I wanted to propose to you by way of an idea as to how to fix this ordinance. If it is well received and we receive direction from you to pursue that avenue, we're certainly happy to consider it, and may be that there are some present here that have something to say about it as well. With that, I yield to you, sirs. Chair Gort: Okay, it's a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, we close the public hearings. The bottom line. Peter Ehrlich: Sir? Chair Gort: Yes, sir. Mr. Ehrlich: Mr. Chairman, Commissioners, do you need a quorum? Chair Gort: Yes, we do, but I'm sure he's listening to you. Mr. Ehrlich: Okay, good. I'm here speaking in support of this item, PZ 15. Since Miami 21 was first proposed in 2000 -- approximately 2006 through 2010 when it was implemented, many people who have old buildings and live in older neighborhoods have asked for respect for adaptive reuse and the acknowledgement that many buildings are -- were built 50, 60, 70, 80, 90 years ago with zero lot line. So we hope you pass the legislation with the suggested recommendations from Francisco Garcia, your Planning administrator. I think there's some other people that want to speak on the item, but I think it'll be very beneficial for helping the City achieve, you know, places to work for people that are being pushed out of more expensive locations throughout the City. Thank you. City of Miami Page 131 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: Thank you. Mr. Ehrlich: Thank you very much. Chair Gort: Next. Bennett Pumo: Hello. I'm Bennett Pumo, 7327 Northwest Miami Court. We have a number of commercial properties around town in the re -adaptive use and change of tenancy. It's not only applies to a change of use; it also applies to change of tenancy in Miami 21 and this helps correct that problem just in change of tenancy. So at the last hearing, they -- the presentation made by the opponents to this, they used a house on Biscayne Boulevard. I went there today and inspected it myself as a general contractor and they far exceeded the 50 percent rule as well, so Miami 21 will take care of that. We don't need to damage our ordinance by using something that doesn't have any merit at all. Also, they also opened the front up and they changed the envelope of the building, so I'm sure that'll all take place. I've made some suggestions and I sent them to Francisco. I have copies for you here today. And the easy fix to this is just keep it from T5 up; make the application to T5 up and it'll take care of that. If you wanted to put a buffer, 175 foot would probably do, but I've got everything here, and we're supporting the correction of the Miami 21 in the original intent that Elizabeth tried to put into Code, but it never made it. Thank you. Chair Gort: Thank you. Yes, sir. Elvis Cruz: Elvis Cruz, 631 Northeast 57 Street. Point of information. Does this have to do with the issue that we were before the Commission on about the use of a single-family home being converted to a 40-seat restaurant with only three parking spaces? Chair Gort: Yes. Mr. Garcia: Through the Chair, I believe, Mr. Cruz, that at the previous hearing, you did bring that particular property up as an example of how this might fail, and we hope that we have addressed it, but happy to hear your concerns. Mr. Cruz: Because I was told at that hearing that the item was deferred until March. Mr. Garcia: It was continued to a date certain of today. It may have been that that particular property or whatever process it was going through was deferred to March. This particular legislation is just before the Commission to receive direction as to whether to further explore this. We don't expect any action today. Mr. Cruz: There'll be no action today on the issue of the parking? Mr. Garcia: We don't expect today on this ordinance, other than to receive direction as to which way to proceed. Mr. Cruz: Commissioner Sarnoff, I have -- I'm caught flatfooted on this. I did not see this coming. Does this satisfy the parking situation of putting a 40-seat restaurant with only three parking spaces? Commissioner Sarnoff. Well, actually, this wouldn't -- this would not fit that building, meaning, this -- if you read this and looked at it, you would see that this -- that would do nothing to support or help that building, because it would be going from residential to commercial, which this ordinance wouldn't cover. Mr. Cruz: No, it's already been zoned commercial. But the building was built originally as a City of Miami Page 132 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 single-family home. Physically, it looks like a single-family home; it has that shape, but they're putting in a 40-seat restaurant with only three parking spaces and that -- as you recall, what we had suggested there should -- that the lot -- the idea of grandfathering in a building for any use should not be allowed within a thousand feet of T3 to protect spillover parking from going into a residential neighborhood. Commissioner Sarnoff. Go ahead. Chair Gort: Thank you. Yes, Francisco. Mr. Garcia: Yes, sir. And ifI may, Mr. Cruz, I attempted as best I could to reconstruct for the Commission, or remind them, actually, the argument you were making, and the fact that we had found it to have merit. Sojust to repeat briefly what I said previously, it is our recommendation now for the Commission's consideration that we eliminate adaptive reuses that go from a residential structure -- emphasis on "structure," not the zoning of the property -- from a residential structure, which was provided for in terms of parking for residential uses, not commercial or office uses, that those themselves will be held to a higher standard; and that if within any proximity to a residential area, they would have to go through a warrant and increase their parking provisions, you know, significantly, as opposed to office to commercial or commercial to office, which would be presumed to have adequate parking; although, through the waiver, we would examine those, as well. Mr. Cruz: Okay. Sojust to clarify, when you're saying "residential to commercial, " do you mean something that was built originally to be residential, so it would apply to this house and similar situated property? Mr. Garcia: It would certainly apply for any residential structure -- emphasis on "structure," because adaptive reuses are about a reuse of the structure, regardless of zoning designation. Mr. Cruz: Got it. Mr. Garcia: It would apply to a residential structure attempting to convert to either an office, commercial, industrial use, et cetera. Yes. Mr. Cruz: Thank you. Thank you, gentlemen. Chair Gort: Thank you. Anyone else? Close the public hearing. Commissioners? First reading. Mr. Garcia: At this point in time, sir, we're happy to receive direction. If you find merit in the presentation we've made, we will come back to you with a revised ordinance for your consideration. A simple directive will suffice. Chair Gort: Let me see if I can make it clear for the -- my understanding is, if the change is going -- a structure, residential, is going to be utilized, is not going to be apply -- the same parking will have to be required. If it's going to change from office to another -- the similar to use, it probably have the required parking, so a change will not take place. Am I correct? Mr. Garcia: That's it, sir. Chair Gort: Okay. Motion? Commissioner Sarnoff. You want to take it as a -- Chair Gort: (UNINTELLIGIBLE) City of Miami Page 133 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Vice Chair Hardemon: May I ask a quick question? Chair Gort: Yes, sir. Vice Chair Hardemon: Is there any time that there will be an increase in the floor area required or an increase in floor area where there's not a change from residential to commercial? Mr. Garcia: No, sir, it is clearly set forth in the ordinance that any change of square footage, that change will certainly have to come into compliance with present requirements, absolutely. Vice Chair Hardemon: No, no, no. What my -- let me ask it again. Maybe I wasn't clear. Maybe I didn't think my question through clear enough. Is there any time when an increase in the floor area -- if there's an increase in the floor area where it is not a change from residential to commercial -- no, I'm reading -- that's where I'm reading that. I'm reading the part that -- okay, just to be clear, I'm reading -- it says, "Modifications to the building resulting in an increase of floor area shall require additional parking based on use and floor area for the increment only." Mr. Garcia: Right, two different scenarios. One has to do with, again, to comply strictly with the term "adaptive reuse." It takes an existing structure; it takes that structure without alterations or additions and repurposes it for a different use, right? However, what that clause that you've just read attempts to address is the scenario where, as part of a change of use, there is an addition made, additional square footage added to that structure, and what we want to make clear -- and the ordinance already says -- is that that addition that added square footage would itself have to comply with the new zoning regulations. Ms. Mendez: But just on the additional square footage, so -- which is important to note. Chair Gort: Okay, questions, motions? Commissioner Sarnoff. I mean, I could take this as a -- I'm okay with taking this as a first reading. Chair Gort: Yeah. Commissioner Sarnoff. And then letting it go out and people testing it, so I'll make a motion on first reading. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ 15. Commissioner Suarez? Commissioner Suarez: No on first. Mr. Hannon: Vice Chair Hardemon? Vice Chair Hardemon: For. City of Miami Page 134 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading 3-1. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Yeah, I only voted against it because I just felt like we just told the public that we're not going to vote on it and we decided to vote on it, so I mean, that's the only reason why. I'm not saying I won't vote on it on second I might vote on it on second. I just -- I don't think we should say one thing and then do something different. That's all. Chair Gort: Okay, next. Mr. Garcia: I'm happy to go to the next item, sir, but I certainly want to give the Commissioner reassurance that we've presented to you the proposed changes. We've heard you loud and clear and we'll come back with a revised version. Thank you. PZ.16 ORDINANCE First Reading 14-01198zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY ESTABLISHING A NEW TRANSECT ZONE SUB -CLASSIFICATION T6-24(B), WITH A FLOOR LOT RATIO OF TWELVE (12), AND A FORTY PERCENT (40%) PUBLIC BENEFIT BONUS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-01198zt SR Fact Sheet.pdf 14-01198zt Legislation (v4).pdf 14-01198zt PZAB Reso.pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on December 17, 2014, by a vote of 7-0. PURPOSE: This will establish a new Transect Zone sub -classification of T6-24(B) which will have a higher Floor Lot Ratio (12) and a higher percentage of public benefits eligibility (40%). Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon City of Miami Page 135 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Francisco Garcia (Director, Planning & Zoning): Item PZ 16 is before you as a proposal for a new zoning designation. At this point in time, this new zoning designation is not attached or proposed to be attached to any land; I want to make that clear. And what we want to do is to introduce another calibration to the T6-24 zoning designation, because it so happens that although available in approximately four sectors throughout the City, one of these sectors happens to have a much higher density than the others, which is a density of 500 units per acre. And what we've heard from the stakeholders in the area is that the limited floor/lot ratio or development capacity makes it essentially unable to get to the density that is available in the area and we think that is a mismatch, a zoning mismatch. Because that is the case, and again, we've researched this exhaustively, but because we think that is the case, what we are proposing is then to create a new calibrated version of T6-24; the existing one remains and a new one is created which provides for a floor/lot ratio, which is a development capacity of 12, with the availability through the Public Benefits Program to achieve a 40 percent increase over that. And again, in our studies, what we have found is that by creating the Zoning Ordinance, one can reasonably get -- with a reasonable size of parcel, one can reasonably get up to highest and best use as defined by the zoning designation and also as provided for by the density in the area. We've had a number of meetings with stakeholders within this zoning designation. We've sort of examined the numbers closely. We don't pretend to tell you that there is uniform consensus behind this. I know that there is some push and pull, but we think that, again, the 12 FLR (floor lot ratio) and the 40 percent participation in the Public Benefits Program gets the property owner to a reasonable highest and best use and certainly to avail themselves of the full density available in these areas. And with that, I'm happy to answer any questions. I should also emphasize -- I'm sorry; I almost forgot -- that the Planning, Zoning & Appeals Board recommended approval unanimously and we certainly are recommending approval, as well. Thank you. Chair Gort: Okay, thank you. Anyone in the public would like to address this issue, PZ.16? Anyone in the public? Seeing none, hearing none, close the public hearing. Yes, sir, you're recognized. Commissioner Suarez: I have a question. I don't think have any T6-24s in my district that I'm aware of but my questions is, if you are a T6-24 right now, you're -- now you're splitting up into two categories, correct, an "A" and a "B"? Mr. Garcia: If this ordinance passes, that would be correct. Commissioner Suarez: Correct. So is a designation of one as an A'br a B, '2s that something that's done administratively; or if they're in the T6-24, do they have to come back to us and ask for --? Mr. Garcia: That is correct. Any change to a T6-24B, which is the transect zone created by this ordinance, would have to be applied for through a zoning change process. That is required as a matter of law. Commissioner Suarez: So what you're saying is that you're a 26 -- I'm sorry -- T6-24 right now, then you would essentially become a T6-24A after this? Mr. Garcia: You would remain T6-24. And if you wanted to avail yourself T6-24B, which is what we're creating here, you'd have to go through a zoning change. And I think what you're alluding to -- and it makes perfect sense, sir -- is that at some future date, we might want to reclassify T6-24 as T6-24A, leaving T6-24A in exactly the same capacity. That would be a text change, not a zoning change. Commissioner Suarez: Yeah. I mean -- go ahead. I'm sorry. Is there any other Commissioner that want -- because this is -- I just had a -- that's a specific question that I had, but -- City of Miami Page 136 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Sarnoff.. So -- Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff.. -- this is significantly in my area. Commissioner Suarez: Right. Commissioner Sarnoff.. It has to do with 500 units per acre. And interestingly enough -- and I -- I'm absolutely asking for you guys' input. This is what I like to call as Omni West, or I think now I'd like to call it the Arts and Entertainment District. It's probably the precursor to the railroad tracks side of Overtown. It's a very interesting district because it has a lot of mass transit opportunities. It's got the People Mover; streets are very wide; not a lot of traffic. And the question is, really, when you're building your city, you know, what is your vision for that city and a place that doesn't have a great deal of density right now, do you density it because years ago, somebody wisely invested a great deal of mass transit money? And I say "extremely wisely so," 'cause that same money today wouldn't buy us, I think, a trolley -- one trolley. So, you know, I also want to commend Francisco Garcia, because before I always thought him to be competent; I actually got to participate with him in something called "a study," and I always thought government's word for "study" meant, Well, we're just not going to do it. "But he actually did a study. I went through the mathematical equations with him and we actually did sample lots. Candidly, I could be persuaded a little more FLR [sic], if you will, a little more floor area ratio -- oh, I guess it's FLR [sic]. And you know, I really want everybody's input simply because this is a big part of the City that will expand, it will grow. This is -- I think you guys know my opinion on affordable housing. I don't always share all of the same of yours. This is what I would call an opportunity for market rate affordable housing where if we allow them to go with a certain density and we allow them to go with certain height, the market itself would allow them to build something that could be rented for 1700 a month; maybe a two- bedroom, something like that. And this is, to me, where we build the city. And I don't particularly presume to be the absolute knowledgeable purveyor of a Mr. Garcia or -- and I'm looking for everyone's input as well, because you do have some mass transit opportunities there -- Commissioner Suarez: Yeah. Commissioner Sarnoff.: -- and I think it should be enjoyed as much as we can. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Yeah. I was going to kind of dovetail off of what Commissioner Sarnoff said When you look at the category of 36A and you compare it to 36B, it's almost a hundred percent increase in terms of the density from -- the density multiplier, from 12 to 28, so by that math, you would get a multiplier closer to 15 in a Category "B" than 12, depending on how you want to look at it. I certainly am in favor of a little bit higher density simply because I agree with what you're saying. I think the idea here is that in an absence of mass transit and in a region that often struggles to provide mass transit, where we're constantly -- and I think one of the major criticisms that I hear of government generally is the lack of mass transit. I think it behooves us from a planning perspective to put people closer to the urban core, closer to where there is more density, and I think that'll make it easier for people to move around, and they have less distance to move. I think one of the biggest issues is, before, going one or two or three miles in the City used to be tolerable; now, it's becoming 'intolerable [sic], so I personally -- I would go as far as 18 in terms of density bonus. I'm not a Planning director, and that's the -- where the sensitivity is in terms of not wanting to step on Francisco's toes, and I know that this doesn't City of Miami Page 137 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 change the specific designation of a lot. You still have to come and go through the process, and, you know, I'm a -- you know, I've always been in that sense pro -density in the appropriate places. I think we've -- even the people who are very much neighborhood preservationists have been pro -density in the appropriate places, and I think that's why I would argue for a higher multiplier; also in consideration of the fact that some of the lots are smaller, so you need a higher multiplier to get the height that you would under the height classifications, so, you know, I think, like you said, you want to increase the density so you can have more people. It's the appropriate place for there to be density and for you to maximize the height with a smaller lot you need to have a higher multiplier, so I mean, that's my perspective on it. I don't know how the rest of the Commission feels. It's kind of a highly technical thing. It took me a while to understand the whole thing, and I know that it's still a sub -category of what we're creating here and giving people an opportunity. Obviously, someone can also apply for T6-36 if they feel that they want to jump to the next category, so. Commissioner Sarnoff And also, you know, I want to say this, because very few areas of Miami do you get to write with a pen that has nothing really there to begin with, so -- Commissioner Carollo and I happened to have gone to a -- I guess it was a water summit of some sort upstairs, Manager's Office, you know, and we candidly both asked the person, `Is the best way to be a conservationist to conserve water to go vertical?" The answer was a resounding "yes"; that, you know, you don't continue to go lateral, you go vertical and it doesn't put the same kind of pressure on your water system that going lateral does, so from many different perspectives -- from traffic, from building of an urban core to conservation -- the right way to do things for the City of Miami in the right place -- I'm not talking about the Grove and I'm not talking about other places either, but right next to Metromovers, right next to the Performing Arts Center, you know, is, I think, to go vertical. The question is: At what width and what breadth to do that? Commissioner Suarez: Can I make an additional point, Mr. Chair? Chair Gort: Yes. Commissioner Suarez: And as a CRA (Community Redevelopment Agency) chairman in the Omni area -- I believe some of these properties fall in the Omni CRA -- you are increasing the tax base almost automatically by creating this category if that's where this zone goes into, so you are -- and I know CRAs are very controversial nowadays; it feels like you can't talk about them without somebody writing some sort of a letter about it, but if the overall emphasis of CRAs is to help -- and poverty is one of the main emphases of this government -- then I think creating more density not only will it pack people in closer, will it help on mass transit, which is an issue, but it will also make the tax base greater so that we can help our CRAs be funded to do their mission. Chair Gort: Okay, any further discussion? Commissioner Sarnoff. No, Mr. Chair, but I don't know if there's been a motion made. Chair Gort: There's no motion. Commissioner Suarez: I'm at 18; I don't know where you are. Commissioner Sarnoff. What I'm going to do right now, I'm going to make a motion at 15, take away the 40 percent bonus issue and candidly consider the 18 between second reading, you know. Commissioner Suarez: Second; it's fair. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Suarez. Any further discussion? City of Miami Page 138 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Vice Chair Hardemon: So we're taking away 40 percent and making it 15 percent; is that what I'm hearing? Commissioner Sarnoff.. Right, you go to a 15 multiplier and you don't then need the 40 percent, right? Mr. Garcia: If we were -- my recommendation would be if one were to go to a 15 multiplier -- by "multiplier," I mean the FLR, the floor/lot ratio -- then we might consider reducing the participation in the bonus program from 40 to 30 percent, which is by default what exists right now in T6-24. Commissioner Sarnoff. I apologize. Then that would be my motion with a -- Commissioner Suarez: Second. Commissioner Sarnoff. -- statement that I will consider an 18, but I want to hear from people and I want them to tell me, based on -- not necessarily their lot size but on an -- lot sizes that they see why 15 is inappropriate. Chair Gort: Vice Chairman? Vice Chair Hardemon: Yeah. And to be clear, where these properties are most affected, it would be on the east side of the railroad tracks, or would it also be just abutting on the west side, also? Mr. Garcia: Sir, the area is approximately -- the area that we have in mind, the area with the increased density that already exists at 500 units per acre is an area roughly north of 395, of 1-395, west of Northeast 2nd Avenue, east of Miami Avenue and it goes all the way north to approximately 18th Street Northeast. Commissioner Suarez: But to be clear, this does not do that. Mr. Garcia: This does not do that. Commissioner Suarez: So speak to sub -category that you can -- it's like a bow in your cap. Mr. Garcia: Yes, sir. Chair Gort: Okay. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. I will be voting in favor of the motion on first reading. You will hear a lot more or you should hear a lot more from me on second reading. I think you're right on it with regards to mass transit in that area, you know, and that's where we need to really see where we -- how much density is the right amount, so that's where, you know on -- hopefully on second reading, right. Commissioner Sarnoff.. Yeah, it's -- Commissioner Carollo: We have a balance, exactly, and I don't know that -- Commissioner Sarnoff.. I'm not saying right and I'm not saying I'm wrong. City of Miami Page 139 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Carollo: I got you. So you'll hear more from me on second reading and I guess today I'm focused a little more on another -- Commissioner Sarnoff I got you. Commissioner Carollo: -- zoning area, but I think you're on target. I think you're on target, so I'm voting in favor of it on first reading. Chair Gort: And hopefully, we'll have water transportation; so much needed in that area. Okay, any -- is it ordinance, first reading? The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ 16. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 5-0. PZ.17 ORDINANCE 14-01216zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 1 ENTITLED: "DEFINITIONS," ALLOWING ANIMAL CLINICS TO BOARD SEVEN (7) OR LESS HEALTHY ANIMALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-01216zt SR Fact Sheet.pdf 14-01216zt PZAB Reso.pdf 14-01216zt Legislation (v2).pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on December 17, 2014, by a vote of 6-1. PURPOSE: This will amend Article 1, Section 1.2 "Definition of Terms" of the Miami 21 Code by allowing Animal Clinics to board seven (7) or less healthy animals to emphasize the intent of the Code and clarify language previously approved by the City Commission. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: Let's hear the last one, 17; then we go into time certain, 4 o'clock, okay? Francisco Garcia (Director, Planning & Zoning): Thank you, sir. City of Miami Page 140 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: I don't think it'll be too -- Mr. Garcia: PZ.17 should be very straightforward. What we are trying to do here, sir, is to propose an amendment to the Zoning Ordinance to amend the definition of "animal clinics" in order to provide animal clinics in the City of Miami to provide boarding for healthy pets up to a number of seven. Presently, they are precluded from doing so, and we feel that these facilities are properly operated and are best qualified to provide those services to the community. That's all I have. The Planning, Zoning & Appeals Board recommended approval and your department is recommending approval, as well. Commissioner Suarez: So moved. Chair Gort: Okay, it's been moved by Commissioner Suarez. Is there a second? Commissioner Carollo: Second. Commissioner Sarnoff Second Chair Gort: Second by Commissioner Carollo. This is the public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, we'll close the public hearings. Comments? It's an ordinance; read it. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ 17. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. Chair Gort: Thank you. END OF PLANNING AND ZONING ITEMS 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 City of Miami Page 141 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) NA.1 RESOLUTION 15-00087 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PERFORMING ARTS CENTER TRUST FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Carole Ann Taylor Commission -At -Large 15-00087-Submittal-Chair Gort-PACT Bd. Appt Letter for Carole Ann Taylor.pdf 15-00087-Submittal-Chair Gort-PACT Resume -Carole Ann Taylor.pdf 15-00087-Submittal-Chair Gort-PACT-By Laws.pdf 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 R-15-0029 Daniel 1 Alfonso (City Manager): PZ (Planning & Zoning) -- Chair Gort: Board members. Boards, boards. By the way, I had a request -- Vice Chair Hardemon: Who is this guy -- Marc Sarnoff? Let's get him off of this committee. Commissioner Sarnoff. What am I getting off because I like getting off committees? Vice Chair Hardemon: No, I was just -- that paper he just passed out. City of Miami Page 142 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Chair Gort: I received a letter from the -- what is the -- what is this board? The board you're a member of the -- Todd B. Hannon (City Clerk): Performing Arts Center Trust, Chair. Chair Gort: -- Performing Art Center Trust. My understanding, the City of Miami Commissioners get to appoint someone. We had appointment before and the -- I have a request -- a letter requesting -- or you have a copy -- to nominate Carole Ann Taylor. Spence -- Commissioner Spence -Jones was the previous board members [sic]. Vice Chair Hardemon: Does anyone know how active Commissioner Spence -Jones was on this committee? I don't know if we -- Commissioner Sarnoff.. Not. Was not. Vice Chair Hardemon: She was not? Do we mind if we address this at the next --? I like Carole Ann Taylor, but considering that we have a Commissioner on it, we had another Commissioner on it, I just want to be able to know exactly what the organization does to see maybe if I should be on it or -- Commissioner Sarnoff. This is -- just because I won't be able to talk to you about it, so let me just -- This is the big PACT (Performing Arts Center Trust) Board. This is when upwards of 40 people, 50 people sit around a very large table, and that is your attendance requirement, and that is about once per month. Vice Chair Hardemon: And the reason I'm saying this -- and this is with all respect to Commissioner Marc Sarnoff. I know that you won't sit on a committee that's going to waste your time, so this is at least something that I should be looking into to see if I should be sitting on this committee or someone else. Commissioner Sarnoff. And just so my good-looking colleague to my right understands, I don't go very often. Vice Chair Hardemon: Okay. Mr. Hannon: Excuse me, Chair. Chair Gort: Yes, sir. Mr. Hannon: This actually dovetails into an item that we're going to place on the February 12 agenda. Commissioner Sarnoff is going to be termed out from the Performing Arts Center Trust, so there will be an opportunity for a different Commissioner to serve on the Trust. Commissioner Sarnoff.. A better looking -- Chair Gort: Yes. Commissioner Sarnoff.. -- younger -- Vice Chair Hardemon: (UNINTELLIGIBLE) -- Commissioner Sarnoff.. -- more sophisticated. Vice Chair Hardemon: I'm not saying that I want to be on it, but -- and I haven't received any City of Miami Page 143 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 NA.2 15-00088 correspondence from Carole Ann. Does anyone know if she acquiesces to this? Mr. Hannon: It's the Trust that's actually proffering her name. Chair Gort: The Trust is the one that asking. Vice Chair Hardemon: Right. But, you know, I think it'd be common courtesy to ask her -- Chair Gort: She's interested. Vice Chair Hardemon: She is? Chair Gort: (UNINTELLIGIBLE) I've known her for a long time. Vice Chair Hardemon: Okay. Chair Gort: I think she was going to try to set up a meeting with you and discuss this. She's been very active in this community for a long time. Vice Chair Hardemon: Then with that being said I'm perfectly fine with it. Chair Gort: Okay, do I have a motion to -- Commissioner Sarnoff Second Chair Gort: Moved by Vice Chairman Hardemon; second by Commissioner Sarnoff. All in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, URGING THE METROPOLITAN PLANNING ORGANIZATION TO CONDUCTA STUDY AND ADOPTAPLAN, OR TAKE SIMILAR ACTION, TO FOSTER AND FACILITATE THE USE OF WATERWAYS WITHIN THE COUNTY FOR THE TRANSPORT OF PERSONS BETWEEN THE CITY OF MIAMI, THE CITY OF MIAMI BEACH, AND OTHER AREAS WITH NAVIGABLE WATERS; AND TO STUDY THE ADOPTION OF LAWS, REGULATIONS, AND INCENTIVES THAT WOULD PROMOTE WATER DEPENDENT TRANSPORTATION ON A PUBLIC, PRIVATE, OR PUBLIC/PRIVATE BASIS. 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 R-15-0032 Chair Gort: Any other board appointments? We don't have any. We'll come back at 3, because we have very little -- Victoria Mendez (City Attorney): Any discussion items you wanted to talk about first? Chair Gort: What special item we have? City of Miami Page 144 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Ms. Mendez: Any discussion items. Just -- no? Chair Gort: No, no, we have plenty of discussions already. I'd like to -- I wish Commissioner Suarez was here. I'd like to consider to the MPO (Metropolitan Planning Organization), they should consider water public transportation. I think this is a city -- right now Miami Beach is beginning to ask for it; Key Biscayne is beginning to ask for, and we've had people in the past that want to create a taxi routes. I think with much waterways that we have here, there should be a system where we can transport people at fix hours, especially in the mornings and peak hours, and get a lot of the cars off the streets. And I'd like to recommend to Commissioner Suarez to bring it up at the MPO. Commissioner Suarez: I'm here; what's up? Chair Gort: We can go water skiing and so on. Water transportation, connect to Miami Beach, Dinner Key, Key Biscayne. Commissioner Suarez: What? Chair Gort: A regular water taxi transportation provided by the MPOs; to bring it up to the MPO. Commissioner Suarez: Sure, I'll do that. Chair Gort: I think it's (UNINTELLIGIBLE) -- Vice Chair Hardemon: Yeah, that sounds great. When I was in Honk Kong, they -- I actually took a water taxi and it's -- Commissioner Suarez: That's awesome. Vice Chair Hardemon: -- one of their preferred modes of transportation, and it's not very expensive the way they did it, but then again, riding the cab, the train, the water -- I mean, they had cabs, trains, trolleys, water taxis, every mode of transportation that you think you can take besides a helicopter for normal everyday people, they -- Commissioner Suarez: They had it. Vice Chair Hardemon: -- utilized. So in the City of Miami, I can definitely see someone saying, "Hey, I'm going to party on the beach; I want to take a water taxi over there rather than take -- Commissioner Suarez: Right. Vice Chair Hardemon: -- the road." Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: Yeah. Just to give you a heads up on the MPO, they canceled the meeting today. There was supposed to be one today at 2; it was canceled Chairwoman Sosa canceled it last night. County Commissioner Daniella Levine Cava has been very adamant about toying to schedule the MPO meetings on days other than Commission meeting days, which, you know, Commissioner Sarnoff and I have struggled with for years, because he was my predecessor on the MPO. So I'm really thankful that another Commissioner has actually stepped City of Miami Page 145 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 up that's not even -- doesn't really even represent the City. The other thing is really, really important, and I think you may be aware of this, Mr. Chair. I hope you are. There's an effort at the League of Cities -- I don't know if you've heard of this, Mr. Chair -- to change the composition of the MPO -- Chair Gort: Yeah. Commissioner Suarez: -- and I think that is critical. When I just left the workshop -- the last workshop that I attended, obviously, all the 13 Commissioners sit on the MPO. They all talked about all their parochial interests, they got up -- they gave their speech, got up and left. They didn't even wait for the City of Miami to make their presentation, so -- and a few of them, I'll tell you this -- and I hope that as a representative of this board, you guys appreciate my aggressiveness and my lack of diplomacy in this particular issue. Because they left -- and some of them even complained throughout their comments that, you know, the MPO hasn't accomplished anything, which is true in their time, which is their fault, in part, and that they've been going for 10 years, or 15 years or whatever and that nothing ever gets done, and so that they're not going to come back if next year nothing gets done. And so what I said, as the last speaker is, "All the people who said that they would not come back, please don't come back." Because the bottom line is that, as a board, it's supposed to be regional in nature, and what's happening is it is extremely parochial in nature, and I'll give you an example. You guys gave me a unanimous instruction to go there and fight for the streetcar. Guess what? IfI wanted to be parochial as a City Commissioner, it doesn't touch my district. My district starts on 17th Avenue and goes to 72nd. My district goes east/west, okay. But my duty to you and my duty to the citizens of the City of Miami was to go and push for a viable mass transit system. And guess what? Right now in Dade County, that is the most viable mass transit idea that we have, the most viable mass transit idea. So there's -- in the summit, there was $6 billion worth of projects identified. You know how much money there is to fund those $6 billion of projects? Fifty million. So we can have all the ideas in the world If we cannot do them -- Chair Gort: (UNINTELLIGIBLE) funds, you can't do them. Commissioner Suarez: Exactly. So absolutely -- I absolutely think you have a great idea there, Mr. Chair. I'll definitely push it. Chair Gort: One thing -- Ms. Mendez: Chairman, would you -- I apologize, Commissioner. Would you like a resolution so that -- Commissioner Suarez: Please. Ms. Mendez: -- you can take it with you. Commissioner Suarez: I would like -- Chair Gort: Yes. Commissioner Suarez: And I move it. Chair Gort: A resolution that -- which would be very important. The City ofMiami has all the waterways there is that you -- when you travel throughout the world, you've seen the waterways being used by public transportation. There's a great need for us to improve our public transportation. And like it was stated by the Commissioner before, it's $6 million in project; we only have 500 million, so there's no way. We got to utilize everything that we can. The water -- City ofMiami Page 146 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 Commissioner Suarez: Fifty. Chair Gort: -- I think, is something that can go out for bid and they can put a transportation together. I'm sorry, Commissioner Sarnoff. Commissioner Sarnoff No. I was going to let you know, Mr. Chair, and I don't know if you do know. The Governor has verbally advised me that I would be an appointment to the MPO. It would be the first time the City of Miami's ever had two Commissioners on that. And I -- you know, if you haven't noticed something, we seem to be losing -- and I want to be deft, and I'm not Suarez; I'm not quite deft, so I'm kind of a balls and stripes kind of guy. There seems to be a move of foot by the Beach on a number of issues to sort of exert its political prowess -- and I'm trying to find a better word than that, Commissioner Suarez, but I don't know what that is -- against or for City of Miami issues, 'cause Commissioner Suarez is dead right: there is a shovel -ready, could -be -funded program right now which could have dovetailed into Bay Link and Bay Link could have proceeded forward, and there are other issues. The Beach now thinks it has certain planning proposals over the City of Miami on what it is we build and how we build, inclusive of -- these are not my words -- suggesting a lawsuit against the City of Miami and that's troubling. It's troubling to have a Commission meeting set up exclusively and solely to debate whether you're going to sue the City of Miami. And you know, two municipalities doing that -- and we're the defendant, so we're the person that's got the shield, not the sword -- is really, I think, counter productive to what both venues want. And you know, I've been to Washington and I've been to Tallahassee, Commissioner Suarez, and I've been there when -- you know, I've certainly been there with the senators and the congressmen and they said, "You know, this goes back a ways. The chairman of the Miami -Dade Commission came up with two Commissioners and before" -- "day before that, the Mayor of Miami -Dade County was here, and you're the third group to come in. When you all get together on what you want, let us know, because we're going to be funding a project in Seattle, you know, for $2 billion, because they know what they want." You go to Tallahassee and -- you know, we have a lot of friends there -- and they'll -- same group of people go up there, same thing. "Well, I want CSX. " "Well, I want CRX" "Well, no, I want a gondola." "No, I want" -- and I don't know what it is about us down here, because you're dead right. At some point, we have to root for each other and we have to create an ordinal of "City of Miami, you do this." Beach is next. The places that really do fund the County, let's face it, the City of Miami probably pays the most of the taxes of anyone to the County, and it is in their financial interest for us to go vertical, because you can have more taxpayers vertical than you can horizontal. That's a simple math equation. It's got to be in their interest to move people in a vertical city to and fro in an efficient way so that the City can continue to grow vertically and their taxes are then increased. You have to present it in such a fashion that we are good for evevyone. The Beach isn't going to grow vertically. It can't because it doesn't want to, and justifiably or -- not justifiably so. But somehow, we have got to find a way to not talk at each other, but talk to each other. And the MPO is just a microcosm of a major issue -- traffic, transportation -- that the Chair is bringing up that we need to find common ground and find a way to make that common ground happen. Commissioner Suarez: Mr. Chair. Chair Gort: And the MPO should be the vehicle to utilize it. I mean -- Commissioner Suarez: Can I -- Chair Gort: But let me just say something. The progress and the growth of Miami -Dade County has been at the expense of the City of Miami. Commissioner Sarnoff Right. Chair Gort: All this traffic that's taken place is going to the City of Miami. All the construction City of Miami Page 147 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 that are taken place in Key Biscayne, Miami Beach, and all that, I defer [sic] with you, I think they have enough horizontal buildings in there. Why should we have to pay for it? I mean, we already suffer quite a bit. They ruin a lot of our neighborhood because of the expressways. We've been victimized before. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Can I proffer a resolution to effectuate your desires? So the MPO is a planning board, so I think the appropriate resolution would be urging the MPO to study the feasibility of water taxis and how, legislatively, we can implement that structure immediately. Is there anything else you want to add to it? Chair Gort: Public -- Ms. Mendez: But -- Chair Gort: -- water transportation. Commissioner Sarnoff.. Okay, public. Ms. Mendez: It's not necessarily a water taxi. It's like a public ferry system, correct, Chairman? Chair Gort: Yeah. Commissioner Suarez: Okay. Chair Gort: Make it a public -- Ms. Mendez: Or both. Chair Gort: -- like the -- rapid transit, if you want -- Commissioner Suarez: Okay. Yeah, yeah, that's fine. Public -- Chair Gort: -- and they could take it out for bid. Commissioner Suarez: That makes sense. Public -- do you want -- would it be okay to say public and private -- and/or private just to not limit our option? Chair Gort: Yeah. Commissioner Sarnoff.. How 'bout this: study the use of the waterways in facilitating the transportation of people to and from the City of Miami to Miami Beach? Commissioner Suarez: And the study would not only be feasibility in terms of cost, but it would also be what kind of laws need to be changed if any, to make that possible. Because what happens sometimes is the waterways -- and you would know this better than anyone -- are governed by -- we just say a submerged land issue governed by the State. I mean, there's a mixture of -- if you go out beyond a certain point, does the State own it? Do we own it? You know, who owns it? Commissioner Sarnoff.. You know the reason I broadened that? Is -- and I understand the desire to use a boat, but I broadened it to waterway. The reason is something was shown to me not very City of Miami Page 148 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 long ago and it's -- so think of a ski gondola -- not a gondola, but a ski gondola. So it's about $2 billion to do some sort of a hard rail component, let's say, part of Biscayne Boulevard out to the Beach, over the beach, you know, like a U. "It's about a $2 billion cost. Big money. For instance, to do a gondola -- and I don't know if this has enough capacity, and I don't know the ins and outs of it -- it is about a $200 million venture. So when I say the use of the waterways, I really wanted to leave that very expansive so that what is the best way to use the waterways? Is it with a cable system? Is it under a more traditional ferry system? Is it a combination of the three? Is it private? Is it public? Is it a mixture of the two? I just think -- Commissioner Suarez: And I would just say, Mr. Chair, that -- just as my last point on this very important -- I'm glad you brought this issue up. I really am. This is the one issue that I'm not very deft at, because I'm so frustrated on this issue that I think, you know, I've let the -- my frustration get a little bit of the best of me in the sense that I really believe this is a lack of leadership problem, personally, and I would go that far. I know we have, for example, in this 114th Congress, Mario Diaz Balart is going to be the Appropriations chair of the Transportation Subcommittee, Appropriations chair of the Transportation Subcommittee, and Carlos Carbello is on that committee as well. So we have as big a gun as you can have, with the exception of being the chair of the actual Appropriations Committee, which is the full appropriations of the Federal Government, or the Speaker of the House or something like that. I mean, we have one of the most powerful positions in term of transportation subsidies or transportation allocations from the Federal Government, so it's really on us now as a community to come together, figure out who's going to be the leader, how they're going to speak on this issue, and how we're going to get those funds like you said, so that we don't speak out of three mouths. Chair Gort: My understanding is, and from the business side of things, you need to create a product. Once you have a product and it's a good product, you can sell it, but that product's got to come together, and that's the MPO should be, because this benefits everyone, not only the City of Miami. But everybody's talking about transportation and cars and all that. This will help everyone. Okay, you want to read the resolution? Ms. Mendez: It was a mouthful, so I was going to listen to the minutes, but definitely, a -- urging the MPO to launch -- we have a better one here. Urging the -- a resolution of the Miami City Commission urging the MPO to conduct a feasibility study on the use of waterways for transportation of persons to and from Miami Beach and to review the waterways and any legislation and rules and regulations affecting thereof. And obviously -- Chair Gort: It could be -- Ms. Mendez: -- there was a few -- Chair Gort: -- through Dade County, because you can go all the way down south to Homestead Ms. Mendez: Okay. Chair Gort: Okay? Ms. Mendez: And I will listen -- because there were more particular points, so I'll listen to the minutes that started at 11: 05 with the motion and its parts. Chair Gort: Motion by Commissioner Suarez; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you, guys. Be back at 3. City of Miami Page 149 Printed on 2/23/2015 City Commission Meeting Minutes January 22, 2015 ADJOURNMENT The meeting adjourned at 7: 55 p. m. City of Miami Page 150 Printed on 2/23/2015