Loading...
HomeMy WebLinkAboutCC 2015-04-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 23, 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 April 23, 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 5/26,2015 City Commission Meeting Minutes April 23, 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 23rd day of April 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 9:01 a.m., recessed at 12:04 p. m., reconvened at 3:02 p. m., recessed at 3:30 p. m., reconvened at 3: 46 p.m, recessed at 5: 44 p.m., reconvened at 5: 49 p.m., and adjourned at 7: 39 p.m. Note for the Record: Commissioner Carollo entered the Commission chamber at 9:10 a.m., Vice Chair Hardemon entered the Commission chamber at 9:14 a.m., and Commissioner Suarez entered the Commission chamber at 9:15 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Mr. Clerk, what time is it? Todd B. Hannon (City Clerk): Chair, it is 9:02. Chair Gort: Okeydoke. Good morning, ladies and gentlemen. Welcome to the City of Miami Commission for April 23 in the historic sites. With us on the dais, we have the Commissioner Sarnoff, Commissioner Carollo, Commissioner Francis Suarez, Vice Chairman Keon Hardemon, and myself, Chairman Wfredo Willy'Gort. On the dais with us also is the City Clerk, the -- Victoria Mendez; City Clerk, Mr. Todd; and City Manager will be in in a little while. At this time I'm going to ask you to please stand so we can have the pledge of allegiance by Commissioner Sarnoff, and then I'll have the invocation. Invocation and pledge of allegiance delivered. Chair Gort: Thank you. We'll wait a little while for the additional Commissioners. We got some proclamations we have to give today. PRESENTATIONS AND PROCLAMATIONS PR.1 15-00511 PRESENTATION Honoree Presenter William Ramirez Mayor and Commissioners Stanley Gilley, Dispatcher Fraternal Order of Police Dr. Wallis Tinnie Mayor Regalado Judge Veronica Diaz Mayor and Commissioners Protocol Item Proclamation Special Award Proclamation Certificate of Appreciation City of Miami Page 3 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Officer Maximilian Kenhan Commissioner Commendation Officer Freddy Mesa Suarez 15-00511 Protocol Item.pdf PRESENTED 1) Mayor Regalado and the Miami City Commission presented a Proclamation to William Ramirez, City Resident, honoring and recognizing his immeasurable act of bravery by coming to the assistance of Officer Rosny Obas on April 14, 2015, as the officer was under fire from a high-powered assault rifle, without regard for his personal safety; furthermore acknowledging him as an outstanding heroic member of our community. 2) Javier Ortiz of the Fraternal Order of Police presented a Special Award, a plaque, to both William Ramirez, outstanding citizen, and dispatcher Stanley Gilley for their courage and efforts demonstrated on April 14, 2015; furthermore recognizing their role and actions in saving the life of Officer Rosny Obas, in addition to assisting with the apprehension of the perpetrator. 3) Mayor Regalado presented a Proclamation proclaiming Thursday, April 23, 2015, as Wallis Hamm Tinnie Day, paying tribute to her distinguished tenure of fourteen years with the City of Miami Protocol Office and serving on a special assignment with the Department of Human Resources Organization Development and Training since June 2014; furthermore honoring her commitment to a stronger Miami and giving of herself untiringly in order to make a difference in our City and to elevate the quality of life for all. 4) Mayor Regalado and the Miami City Commission presented a Certificate of Appreciation to Judge Veronica Diaz, thanking her for her diligence, hard work and dedication as an Assistant City Attorney in the Office of the City Attorney of the City of Miami; furthermore honoring her wonderful commitment to civic responsibility and communal welfare, and as a City employee who served as a source of inspiration and wellspring of goodwill. 5) Commissioner Suarez presented Certificates of Commendation to Officers Maximilian Kenhan and Officer Freddy Mesa of the City of Miami Police Department, paying tribute for serving devotedly and selflessly on behalf of the community; moreover recognizing their valiant efforts and unyielding courage in a rapidly deteriorating situation on March 30, 2015, by using techniques of prevention, intervention and enforcement to apprehend a subject and secure a firearm without incident, which helped save lives. Chair Gort: Okay, can we all please sit down and --? I'm going to recognize the Mayor; we have some very important proclamation we going to present today. Mr. Mayor. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: Do we have minutes to be approved? Todd B. Hannon (City Clerk): Chair, I have for Commission consideration and approval the Planning & Zoning City Commission meeting minutes of March 26, 2015. City of Miami Page 4 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 MAYORAL VETOES ORDER OF THE DAY Commissioner Suarez: So moved. Chair Gort: Been moved by Commissioner Carollo [sic]. Is there a second? Commissioner Suarez: Commissioner Suarez. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: Mr. Clerk, do we have any Mayor's veto? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Madam Attorney, will you go over the procedures? Victoria Mendez (City Attorney): Thank you, Chairman. Welcome. We will now begin the regular part of the meeting. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's Office. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two 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 need 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 chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his remarks shall be permitted. Any person making offensive remarks or becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will 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. At this time the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Thank you. Chair Gort: Thank you. City of Miami Page 5 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Later... Chair Gort: Mr. Manager. Daniel J. Alfonso (City Manager): Mr. Chairman, good morning, Commissioners. The City Administration is requesting that SR.1 be withdrawn; RE.1 be deferred to May 14; RE.6, withdrawn; RE.10, deferred to May 14; and there has also been a request for D4.1 to be deferred to May 28; and D4.2 to be deferred to May 14. Chair Gort: Thank you. Do I have a motion? Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: Would it -- and I ask the members of this Commission, would it be any heartache to defer along with RE.10 -- I'm sorry, RE -- yeah, RE.10, RE. 11 to be heard at the same time? Commissioner Suarez: I have no problem with that. Chair Gort: RE. 10 has been deferred. Commissioner Carollo: I'm sorry. What -- Vice Chair Hardemon: It would be -- so that the capital appropriations and also the mid -year budget amendment would travel at the same time. Chair Gort: At the same time. Commissioner Carollo: Right. So you want to amend -- Vice Chair Hardemon: No, defer -- Commissioner Carollo: Defer. Vice Chair Hardemon: -- both of those, yes. Commissioner Carollo: Okay. Sure, I don't have a problem with that. Vice Chair Hardemon: So I'm going to add that to it, and then make the motion to -- Commissioner Suarez: So moved, as stated. Chair Gort: Mr. Manager. Mr. Alfonso: Mr. Chairman, I'd like to point out that if we deferred RE. II, then we will have to also defer RE.3, 4, and 5. Vice Chair Hardemon: Include it within the motion. Chair Gort: You want to include it all? Vice Chair Hardemon: Yes. That's the only way to do it. I mean, it's inlet cleaning south, inlet cleaning north, outfall cleaning. I think it can survive. City of Miami Page 6 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Chair Gort: Let me ask a question. The contracts that stand right now, they will continue to be operating? Because right now, I sent a memo about a month ago saying that I want to clean all the storm water sewers, because all the water is coming in now; all the rains are beginning to come now. Mr. Alfonso: Commissioner, I'm not sure how much availability we have in those funds. I think they might be exhausted already, so there is going to be a halt to some of that. We -- depending on how long this goes, we have the labor contracts that are part of this budget, so we're starting to pay the higher wages already for contracts that we have incurred, so I don't -- you know, I just want to make sure that we don't -- if we're going to defer this that it not go too much, because most of this mid -year amendment is adjustments to the budget that incorporate the labor contracts for police and general employees that we have already signed; overtime issues that we're dealing with in the Police Department; laptops for officers; money that we need for apparatus in the Fire Department; a significant amount of money that needs to be used -- allocated for tipping fees, because the cost of garbage disposal has gone significantly higher than we had intended. So at some point we definitely have to deal with this. Commissioner Suarez: Mr. Chair. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you. Yeah, I mean, I don't think we are not going to deal with this at the next Commission meeting. I think we intend to deal with it. But the issue of -- maybe we can just take up the issue that will allow us to do 3, 4, and 5 so we can -- in other words, we can amend the budget on the issue that would allow us to deal with 3, 4, and 5, which have to do with cleaning of the inlet so that the Commissioner can get his inlets clean, which -- I mean, ifI were the Commissioner district, I would want it done quickly. You know what I mean? Chair Gort: Well, it's not the districts; the whole City of Miami. Commissioner Suarez: Understood. But, I mean, it affects more districts than others. It doesn't affect mine, but I think it definitely, you know, needs to be done. Chair Gort: Yes, sir, you're recognized. Vice Chair Hardemon: So the question then becomes, for instance, if -- the way we were going to approve this -- the mid -year budget amendment, we were going to approve RE.11 and then 3, 4, and 5. Commissioner Suarez: Right. We could -- Vice Chair Hardemon: The question then becomes can you approve 3, 4, and 5 without making the budget -- Commissioner Suarez: I see what you're saying. Vice Chair Hardemon: -- and then basically -- without making a budget approval, but then come and rat that through the mid -year budget approval on a later date? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: If I may? I don't necessarily think we're approving RE.11. City of Miami Page 7 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Suarez: Right. Commissioner Carollo: What we're doing is approving an item -- Commissioner Suarez: Correct. Commissioner Carollo: -- within RE.11. Commissioner Suarez: Right, absolutely. You can just approve one aspect of RE.11 -- Commissioner Carollo: You under -- Commissioner Suarez: -- which would allow us to do 3, 4, and 5, exactly. Commissioner Carollo: You understand? Vice Chair Hardemon: If we can do that, then I'm fine. Commissioner Carollo: RE.11 has many items -- Commissioner Suarez: Yeah. Commissioner Carollo: -- in the adjustment, and we're pulling one out -- Commissioner Suarez: Yep. Commissioner Carollo: -- to approve, so then we could approve -- Commissioner Suarez: Three, four -- Commissioner Carollo: -- RE.3, 4, and 5. Vice Chair Hardemon: Makes sense. Commissioner Suarez: And defer the rest until -- Commissioner Carollo: And defer the rest. Commissioner Suarez: -- until May 14, exactly. Chair Gort: Okay. Commissioner Suarez: You explained it better. Chair Gort: Mr. Manager, you want to go over it? Commissioner Suarez: Let's go ahead and do that now, if you don't mind, Mr. Chair. Let's get it done. Chair Gort: Which are the items that we going to be moving? RE.11, we'll discuss it later. Victoria Mendez (City Attorney): What it would have to be is a modified -- Commissioner Suarez: Yes. City of Miami Page 8 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Ms. Mendez: -- RE.11, take everything out, and -- Commissioner Suarez: Yes. Ms. Mendez: -- only deal with -- Commissioner Suarez: Yes. Ms. Mendez: -- the item you're suggesting. Commissioner Suarez: Yes. Vice Chair Hardemon: So the first motion on the floor then -- so I guess I'll withdraw my motion for a moment. Commissioner Suarez: Right. Vice Chair Hardemon: Withdraw my motion. And then, if the Chair would like, we can address RE.11 right now. Commissioner Suarez: And I'll make a motion, if you -- I'll make a motion to move the portion of RE.11 that deals with RE.3, 4, and 5, and defer the rest till May 14. Todd B. Hannon (City Clerk): Excuse me, Chair. IfI may, what we can do right now is just make a motion on all the withdrawals, deferrals before we would address RE.11, 3, 4, and 5. Chair Gort: Correct. Mr. Hannon: Let's take care of you know, what the Manager has listed with SR. 1, RE. 1, RE.6, RE.10, D4.1, D4.2; we'll get those out of the way, then we can just move right into RE.11. Vice Chair Hardemon: All right. So moved. Commissioner Suarez: Second. Chair Gort: Okay, there's a motion; there's a second. All in favor, state it by saying aye." The Commission (Collectively): Aye. Later... Chair Gort: Sergeant Solero (phonetic), welcome. You're looking better. You look very relaxed. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff On PZ.10, can I request a time certain? And the reason is I'm going to attend the MPO (Metropolitan Planning Organization) meeting at 2 o'clock. I would request that it be heard at 4 o'clock. It gives me two hours at the MPO meeting. Commissioner Suarez: IfI still have my -- Chair Gort: Let me ask you a question. Doesn't the chairman of the MPO has the ability to City of Miami Page 9 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 move the dates of the meetings? Commissioner Sarnoff Yeah, and I think the vice chair has that ability, too. Commissioner Suarez: I wish. Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: Actually, it's interesting, because today I'll be sitting as chairman, because the chairman is not going to be there. So I thought about being a little mischievous and just canceling the meeting altogether as acting chairman, but no. I think I'll get -- take a lot of heat for that. Commissioner Sarnoff So I'm just requesting it be heard at 4 o'clock. I'd like to be back here for it. I think you'll hear some interesting developments with regard to this -- PZ.10 will lead us to some other interesting issues, I think. So I'm asking if they can have a 4 o'clock time certain, just because of the MPO issue? Chair Gort: For PZ.10? Commissioner Sarnoff Yes, sir. Chair Gort: Yeah, no problem. Commissioner Sarnoff Okay. City of Miami Page 10 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 CA.1 15-00384 Department of Parks and Recreation CA.2 15-00313 Office of the City Attorney CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXERCISE THE SECOND ONE (1) YEAR OPTION TO RENEW FOR INVITATION FOR BID CONTRACT NO. 320278 BETWEEN THE CITY OF MIAMI ("CITY") AND PLAY -TECH CONSTRUCTION, PURSUANT TO RESOLUTION NO. 12-0492, ADOPTED DECEMBER 13, 2012, AND RESOLUTION NO. 13-0422, ADOPTED OCTOBER 24, 2013, FOR THE PROVISION OF POUR -IN -PLACE REPAIR SERVICES FOR THE CITY'S DEPARTMENT OF PARKS AND RECREATION, ON AN AS -NEEDED CONTRACTUAL BASIS; WITH FUNDS ALLOCATED FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT(S), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 15-00384 Summary Form.pdf 15-00384 Pre-Legislation.pdf 15-00384 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0184 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF LESS REDDICK, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $63,900.00, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON THE EXECUTION OF A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT, AS WELL AS A SEPARATE $100.00 PAYMENT IN CONSIDERATION OF THE EXECUTION OF A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, FOR A TOTAL SETTLEMENT AMOUNT OF $64,000.00; ALLOCATING FUNDS FROM ACCOUNT NUMBER 50001.301001.524000.0000.00000. 15-00313 Memo - Office of the City Attorney.pdf 15-00313 Memo - Budget Sign-Off.pdf 15-00313 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0185 City of Miami Page 11 Printed on 5/26,2015 City Commission Meeting Minutes April 23, 2015 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF CONSENT AGENDA Chair Gort: Now, go back to the -- do we have -- any Commissioner would like to pull any items? Any consent agenda? Commissioner Suarez: Move the consent agenda. Chair Gort: It's been moved by Commissioner Suarez. Is there a second for the consent agenda? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. PUBLIC HEARINGS 9:00 AM PH.1 RESOLUTION 15-00238 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS IN THE Economic TOTAL AMOUNT OF $362,000.00, TO THE AGENCIES AS SPECIFIED IN Development ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICES ACTIVITIES, WITH FUNDS ALLOCATED FROM THE CITY-WIDE POVERTY INITIATIVES PROGRAM, ACCOUNT NO. 14010.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 15-00238 Summary Form.pdf 15-00238 Notice to the Public.pdf 15-00238 Legislation.pdf 15-00238 Attachment A.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0186 Chair Gort: PH.1 has been pulled. Commissioner Suarez: PH.1 was pulled? City of Miami Page 12 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 PH.2 15-00239 Department of Community and Economic Development Todd B. Hannon (City Clerk): PH 1 is in play. Commissioner Carollo: No. Chair Gort: I'm sorry, go ahead. Public hearing. George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. PH1 is a resolution of Miami City Commission, with attachments, authorizing the allocation of Poverty Initiative funds in the total amount of 362, 000 to the agencies that is attached. Commissioner Suarez: So moved. Chair Gort: It's been moved by Commissioner Suarez. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. It's a public hearing. Is anyone in the public would like to address this issue? Anyone in the public would like to address this issue? Seeing none, hearing none, we close the public hearings. Do I have a motion? Motion's been done. All in favor, state it by saying aiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM DELIVERY FUNDS TOALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., AND SUNSHINE FOR ALL, INC., AS SPECIFIED IN ATTACHMENT"A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI SECTION 8 HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-00239 Summary Form.pdf 15-00239 Notice to the Public.pdf 15-00239 Back -Up from Law Dept.pdf 15-00239 Legislation.pdf 15-00239 Attachment A.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0187 Chair Gort: PH.2. City of Miami Page 13 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 George Mensah (Director, Community and Economic Development): Commissioner, PH.2 is a resolution authorizing a transfer of CDBG (Community Development Block Grant) Administration funds in the total amount of $80, 000 in HOPWA (Housing Opportunities for Persons Living with AIDS) funds, and $20, 000 to the agencies that is provided herein, Allapattah Business Development Authority, Sunshine For All, to provide housing inspections to Section 8 housing voucher and moderate rehabbing programs. Chair Gort: Thank you, sir. Public hearing. Yes, sir. Mariano Cruz: Yes. Mariano Cruz, 801 Northwest 37th Avenue. That's the ABDA (Allapattah Business Development Authority) office there. I am the chairman of ABDA, Allapattah Business Development Authority. The -- we're asking in that -- on the inspection, since we do inspections all over the County, not just in District 1, all over the County, same going to Homestead, going to North Miami Beach, and usually, Mario is doing the -- those inspections, he tells me. And sometimes, I have to be using my money to buy for the gasoline, because it's too far at this -- I don't know what -- maybe in the budget of the Department since there is -- whatever in the budget, they can find some more money for us, because we don't have a gas pump in our place there to put gas, like the City got, other people got. Mario have to pay with his money. And, you know, if you travel from Homestead to North Miami Beach -- because we're doing those inspections all over the County. Now, if it was in District 1 only, it will be fine, but that's not the way it is. So I am asking the Department of Community Development, in their budget, they can find some extra money for Mario, so that way he don't have to use his own money. Thank you. Chair Gort: Thank you. Let me ask a question. In this funding, when it gets to the agencies, the agency set up their own budget? Mr. Mensah: Yes. That's not a -- Chair Gort: And the agency -- Mr. Mensah: Yeah. Chair Gort: -- has the ability to set up funds for travel expenses? Mr. Mensah: That's, correct, Commissioner. Chair Gort: Okay, thank you. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. PH.3 RESOLUTION 15-00386 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF COMMUNITY Economic DEVELOPMENT BLOCK GRANT FUNDS FROM THE AGENCIES AND/OR Development ACTIVITIES AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF $118,005.33; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SINGLE FAMILY REHABILITATION PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), FOR SAID PURPOSE. City of Miami Page 14 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 15-00386 Summary Form.pdf 15-00386 Notice to the Public.pdf 15-00386 Back -Up from Law Dept.pdf 15-00386 Legislation.pdf 15-00386 Exhibit A.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0188 Chair Gort: PH.3. George Mensah (Director, Community and Economic Development): PH.3 is a resolution authorizing the de -obligation of CDBG (Community Development Block Grant) funds from the agencies and/or activities specified, in the total amount of $118, 005; allocating the funds to Miami Department of Community Development/Economic Development Single -Family Rehabilitation Programs. Chair Gort: Okay, do I have motion? Commissioner Suarez: So moved. Commissioner Sarnoff Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. It's a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, I'll close the public hearing. Vice Chair Hardemon: May I ask a question? Chair Gort: Yes, sir. Vice Chair Hardemon: When you have the Single -Family Rehabilitation Program homes completed, is it possible -- sure, it is -- that you notify whatever Commissioner is in that district, so that maybe at the completion of it that they can go out to the home with the family, see the home, things of that nature, so we can see those dollars at work? Mr. Mensah: Yes, we can do that, Commissioner. Vice Chair Hardemon: Okay, thank you. Please, for everyone. Mr. Mensah: Yes. Commissioner Suarez: Mr. Chair, if may? Chair Gort: Yes. Commissioner Suarez: Yeah. And this was a question that I asked in the briefing, and I got an answer back, I think, from the City Attorneys Office, but I'm not sure that I fully understood it, and I didn't have time to touch base back with your office to -- because part of what we're deobligating is social service money. Mr. Mensah: Yes, public service. City of Miami Page 15 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Suarez: Right. And so what I couldn't understand is why we couldn't use that to do more social service when that was designated as social service money. Mr. Mensah: Yes. Commissioner Suarez: I know that has to be spent within a calendar year. I guess they have different rules in Economic Development, because clearly, if we can, shift it into Economic Development. Mr. Mensah: The reason is you are allowed 15 percent -- Commissioner Suarez: Right. Mr. Mensah: -- of your allocation. Commissioner Suarez: Right. Mr. Mensah: Plus 15 percent of previous year's program income. Commissioner Suarez: Right. Mr. Mensah: Which we've already allocated to the full limit of our -- Commissioner Suarez: Right. Mr. Mensah: -- 15 percent of this calendar year and 15 percent of last year's program income, so we are at the maximum. So any additional dollars that we spend in public service, irrespective of what year it comes from, will add to the 15 percent already -- that we've already established, and that will go over the cap, the public service cap. And that's the reason why you are not able to. So even if that money didn't come from public service and we have, let's say, some money somewhere else that you want to use for public service, we cannot use it simply because we already reach our maximum. Commissioner Suarez: Got it. Thank you. Mr. Mensah: Thank you. Chair Gort: Okay. Any further questions? Discussion? Seeing none, hearing none, all in favor, state it by saying Eye." The Commission (Collectively): Aye. Mr. Mensah: Thank you, Commissioners. Chair Gort: Thank you. PH.4 RESOLUTION 15-00382 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "SEVENTH AVENUE STATION," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE City of Miami Page 16 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 15-00382 Summary Form.pdf 15-00382 Notice to the Public.pdf 15-00382 Legislation.pdf 15-00382 Attachment 1.pdf 15-00382 Exhibit A.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0189 Chair Gort: PH.5. Todd B. Hannon (City Clerk): Chair, PH 4. Chair Gort: Four, all right. Eduardo Santamaria: Good morning, Commission. Ed Santamaria, director of Public Works. PH4 is a resolution accepting the final plat of Seventh Avenue Station from Miami -Dade County, and authorizing the City Manager to execute the related documents allowing for recording of the same in the public records of Miami -Dade County. Vice Chair Hardemon: So move. Chair Gort: It's been moved by Vice Chairman Hardemon. Commissioner Suarez: Second. Chair Gort: Is there a second? Commissioner Suarez: Second, second. Chair Gort: Second by Commissioner Suarez. Is there any further discussion. It's a public hearing. Anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearings. Any further discussion? Being none, all in favor, state it by saying ifye. The Commission (Collectively): Aye. PH.5 RESOLUTION 15-00395 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "GARDEN PARK ON THE BAY" ("PLAT"), A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1" ("PROPERTY"), SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLATAND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND City of Miami Page 17 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 INCORPORATED, THE RECORDATION OF A SPECIAL WARRANTY DEED, AS DESCRIBED IN "ATTACHMENT2," ATTACHED AND INCORPORATED, TO CONVEY THE PROPERTY PRIOR TO RECORDATION OF THE PLAT, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT, WITH THE APPLICANT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 15-00395 Summary Form.pdf 15-00395 Notice to the Public.pdf 15-00395 Back -Up Documents.pdf 15-00395 Legislation.pdf 15-00395 Attachment 1.pdf 15-00395 Exhibit A.pdf 15-00395 Attachment 2.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0194 Chair Gort: RE.5. Victoria Mendez (City Attorney): Now, PH.5 -- that was RE.8, and now PH.5. Chair Gort: Yeah. Commissioner Suarez: So moved. Commissioner Sarnoff. second. Chair Gort: PH.5. Is this a move on PH.5? Commissioner Sarnoff. Yes. Chair Gort: Moved by Commissioner Suarez; second by Commissioner Sarnoff. Any further discussion? This is a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, we close the public hearings. All in favor, state it by saying aye." The Commission (Collectively): Aye. Iris Escarra: Thank you very much. Chair Gort: Thank you. Thank you all. PH.6 RESOLUTION 15-00388 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, City of Miami Page 18 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGERS FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE PURCHASE OF A GRANTS RESEARCH AND MANAGEMENT SYSTEM FROM ECIVIS, INC., THE SOLE SOURCE PROVIDER, FOR THE OFFICE OF GRANTS ADMINISTRATION, ON A RECURRING ANNUAL SUBSCRIPTION FEE BASIS FOR AN INITIAL THREE (3) YEAR TERM WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, ALLOCATING FUNDS FROM THE OFFICE OF GRANTS ADMINISTRATION MEMBERSHIPS AND SUBSCRIPTIONS FUND, ACCOUNT NO. 00001.371000.554000.0000.0000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER SUBSCRIPTION AND SERVICE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO NEGOTIATE AND EXECUTE ANY NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-00388 Summary Form.pdf 15-00388 Notice to the Public.pdf 15-00388 Back -Up Cost Breakdown.pdf 15-00388 Memo - Sole Source Finding.pdf 15-00388 Legislation.pdf 15-00388 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-15-0195 Chair Gort: PH.6. Lillian Blondet (Director): Good morning, Commissioners. Lillian Blondet, Office of Grants Administration. With your permission, Mr. Chairman, I'd like to give a little bit of brief background on this item? Chair Gort: Yes. Ms. Blondet: This -- for over a year we have been looking at grant management systems that will allow the City to centralize some of the pre -award and post -award functions. We're looking for a system that will not only help the Grants Department ident fy grants in a quicker, faster, more efficient manner, but also allow the City to manage the grants once we obtain them. So the -- we sent some of the requirements to -- all the requirements to Procurement and they looked at all the different systems, and they, after doing a thorough investigation and evaluation of all the platform systems and all the grant management systems that are available, they recommended that we go with eCivis. Chair Gort: Okay. Ms. Blondet: The first year cost include tying the system to Oracle and also onsite training. Chair Gort: My understanding is this is a one system that you're going to be able to go to it and tell Pm looking for a grant to do X' project." City of Miami Page 19 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Ms. Blondet: Um -hum. Chair Gort: And instead going around trying to research for different places where you can apply, they'll give you the places where you can apply, and you have also at the same time, they'll help you with the application and so on. Ms. Blondet: That's correct. Chair Gort: And they'll help you in maintaining the -- Ms. Blondet: Will help tracking all the grants. Chair Gort: -- tracking all the grants and all that. Ms. Blondet: And it has, you know, standardized reporting, and it has some reports that we can also add; it also has triggers, because all the grants that we have, most of them do not coincide with the City's fiscal year. So you have a lot of excel spreadsheets in many of the departments, and, you know, we'll facilitate and make it more efficient, and then it will try -- it will tie to Oracle also. It will also be -- help the management keep track of expenditures. It's also -- you have a dashboard of information, so it's a lot easier to look and see who's behind, who's ahead in expenditures or submitting reports. Chair Gort: Thank you. My understanding, Mr. Manager, we have a lot of grants that we have problems in the back in keeping up with the reportings and so on, and because of that; that we don't get the re -funding the day we should. Can we -- able to centralize all this? Daniel J. Alfonso (City Manager): Mr. Chairman, this software application will help us to synchronize our efforts across the entire organization. I also want to point out that this approval from this Commission is contingent upon funds availability. Chair Gort: Right. Mr. Alfonso: So as of right now, RE.11 was not passed, so we have no funds. But we'll take the approval, iif it's the will of the Commission; and then whenever we have a budget, we can move forward. Chair Gort: Thank you. Okay. Yes, sir, you're rec -- Mariano Cruz: Mariano Cruz, 122726 Street, a City resident. What I see here, yeah, got to be approved by the Commission, four -fifth; one, two, three -- they four already. But in order -- it's going to be any profit for the City in this deal after we pay the company? Are we -- is the City going to make with a grant that we supposed to get; there is a certainty in the grants that we going to get, or that's a possible that we get certain grants, or whatever, you know, pie in the sky? We get so much money and then the City will get some money. Then with that money, we'll be paying the company. Okay, fine, because everything is down to pennies, you know, to the bottom line. That's what worries me. Okay, thank you. That's what I wanted to say. Thank you. Chair Gort: Thank you, sir. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I just want to make sure that I understand this. This software is not necessarily to help you obtain additional grants. It's just to maintain or manage what you currently have. Ms. Blondet: And it will help with research. It will have one centralized location. They have a City of Miami Page 20 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 very robust system of the grants that are available out there, so we'll be able to research in one place much quicker -- Commissioner Carollo: So -- Ms. Blondet: -- more efficient, so it gives you -- give us a greater universe of grant opportunities. Commissioner Carollo: So you -- do you think that you'll be able to obtain at least 33,000 of additional grants per year? Ms. Blondet: I'm hoping that we can. And it will also expedite the process, make it easier. And we have 50 licenses, so it's not only a grants program. We have 50 licenses for other departments and staff in the City to not only look at grants that they may have, a need that we didn't know, but also to manage the grants. Commissioner Carollo: What -- Chair Gort: Thank you. Commissioner Carollo: -- do you use now to manage it? Ms. Blondet: We don't have a centralized system. For grant, financial issues or matters, we use Oracle, but that's just a financial of the grant. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: I thought Mario's [sic] question was actually pretty genius, and I see Commissioner Carollo followed up on it, because we want to make sure that it's not a wash, right? We don't want our expenses to equal whatever the grants that we receive in. So you stated that you're hopeful that we can get additional grants through this system, but the first question, and hopefully the only question I'll have for you, is when you analyze the grants that you actually do receive versus the grants that you don't receive, are there any times where you see that we missed an opportunity for a grant because we did not know some information about that grant being available? Ms. Blondet: Sometimes we do. We have about a 52 percent success rate at the moment. And new grants every year -- we get between 7 and $8 million of new grant money. So if we get a grant that is three years, we don't count that. So we're hoping, you know, to improve that, because we'll be able to let the departments know about more grant opportunities. But the grants process, it includes a lot of different people, because we identify the opportunities based on the needs that we know, based on conversations we have with the departments. So once we identifir those grants that may meet those needs, we send them to the departments, and the staff, and they're the ones that come back and say, Yes, I want to apply" or not. Vice Chair Hardemon: So there are a finite number of places that you look to for grant opportunities? Ms. Blondet: Yes. We go to a lot of different places, so hopefully, this will centralize that research, and it will expand the universe, and it will also allow us to put, you know, different triggers that is an -- automatically search, because the grants don't come -- usually, they're not available when we need them; we have to look for those in the future, so that's why we like to meet with the departments and tell me, "What are your needs? What is it that you want to do?" City of Miami Page 21 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 so that when something comes out, we can say, "Hey, remember that conversation we had four months ago? Here's something that may help you." Chair Gort: My understanding also, this software, according to what I was explained, it will also help you in filling out the applications; it'll give you ideas what -- to make it even better. Ms. Blondet: Yes. And the -- it's a Cloud base, Internet -based system. Chair Gort: Right, okay. Ms. Blondet: So that's why only tying it to Oracle, but it does help provide some ideas, and they have some libraries that we can go and look for, you know, informations [sic] and old grants that we can look and compare to what we're doing. Chair Gort: Well, hopefully -- I hope we're going to approve it, and I'm going to give you one assign. My understanding is the League of Cities National, they have grants they can give to cities to be utilized to -- sister city program, so maybe that's one we need to look into it. Ms. Blondet: Thank you. Chair Gort: Okay, any further discussion? All in favor -- Todd B. Hannon (City Clerk): Chair -- Chair Gort: Yes. Mr. Hannon: -- I need a motion. Commissioner Sarnoff. So move. Chair Gort: Well, sorry. Commissioner Suarez: Second. Chair Gort: Been moved by Sarnoff, second by Commissioner Suarez. Further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Ms. Blondet: Thank you. END OF PUBLIC HEARINGS SECOND READING ORDINANCE SR.1 ORDINANCE Second Reading 14-01319 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, City of Miami Page 22 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 CONSTRUCTION NOISE WAIVER APPLICATION AND DESIGNEE; BY AMENDING SECTION 36-6(C) TO PROVIDE FOR THE CITY MANAGER TO SELECT A 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 EFFECTIVE DATE. 14-01319 Summary Form SR.pdf 14-01319 Legislation SR.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF SECOND READING ORDINANCE FIRST READING ORDINANCE FR.1 ORDINANCE First Reading 15-00309 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ABOLISHING THE Clerk HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD, BY REPEALING IN ITS ENTIRETY CHAPTER 2/ARTICLE XI/DIVISION 14, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD," SECTIONS 2-1201 THROUGH 2-1207, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND BY AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CITY CODE, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS 2-887(b) and 2-892(4)(g)(1) TO DELETE SAID BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00309 Summary Form SR.pdf 15-00309 Pre -Legislation FR/SR.pdf 15-00309 Legislation FR/SR.pdf 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: SR.1 is taken out. Todd B. Hannon (City Clerk): Chair, did you want -- Chair Gort: Yes. Mr. Hannon: -- to take up FR.1? Chair Gort: FR.1 is out. First reading. Mr. Hannon: Yes, sir. City of Miami Page 23 Printed on 5/26,2015 City Commission Meeting Minutes April 23, 2015 Chair Gort: FR.1. Mr. Hannon: Thank you, Chair. FR.1 is an ordinance on first reading. It's simply a clean-up ordinance of the City Code. As you know, the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board sunset on December 31, 2014. Therefore, FR.1 is an ordinance of the Miami City Commission abolishing the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board by repealing in its entirety Chapter 2/Article XI/Division 14, entitled Administration, Boards, Committees, Commissions, Homeland Defense/Neighborhood Improvement Bond Program Oversight Board, Sections 2-1201 through 2-1207 of the Code of the City of Miami, Florida, as amended; and by amending Chapter 2/Article XI/Division 2 of the City Code, entitled Administration, Boards, Committees, Commissions, Standards for Creation and Review of Boards Generally"; more particularly by amending Sections 2-887(b) and 2-892(4)(g)(1) to delete said board; containing a severability clause and providing for an effective date. Chair Gort: Thank you, sir. Public hearing. Yes, sir. Mariano Cruz: Yes. Mariano Cruz, 1227 26th Street. I think, on this thing of the noise, it should be not only -- Chair Gort: Excuse me. We're on a different one. That one was pulled. Mr. Cruz: Hmm? Chair Gort: The noise was pulled. Mr. Cruz: No, no. It's SR.1, right? Commissioner Suarez: No, FR.1. Chair Gort: No, FR.1. Commissioner Suarez: FR.1. Mr. Cruz: FR (First Reading). Oh, oh. Chair Gort: FR. Mr. Cruz: FR. No, no, no, no, no. Chair Gort: First reading. Mr. Cruz: Oh, that's a different one; FR.1. Chair Gort: Mr. Mayor, you're recognized. Mr. Cruz: Oh, oversight (UNINTELLIGIBLE). No. Chair Gort: And thank you for -- Mr. Cruz: I agree with the ordinance. I agree with that (UNINTELLIGIBLE). Chair Gort: Thank you. I appreciate it. And thank you for serving on the board and being an instrument in the board. City of Miami Page 24 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 RE.1 15-00143 Mr. Cruz: Sure. Chair Gort: Thankyou. Mr. Mayor, you're recognized. Mayor Tombs Regalado: Thank you, Mr. Chairman. And, of course, I do agree with the ordinance. I think that because of the Homeland Security Bonds have been allocated, the committee had to sunset, but I'm -- I just want to say that we should have some kind of oversight in terms of the others [sic] bonds that we have. So in late May, I will be bringing to the Commission for discussion the possibility of creating another board that will deal with all the bonds that we have in the City. I think it's important since, you know, every big government has an oversight board, and it's important for the residents to be informed. So I just want to say that. And maybe in late May, after this ordinance is passed in second reading, I will be bringing some discussion item to the Commission. Thankyou. Chair Gort: Thankyou. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor say -- Mr. Hannon: Chair, it is an ordinance. Chair Gort: It's -- Mr. Hannon: Roll call on item FR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION ADDING "MIAMI TODAY" Commissioner TO THE LIST OF NEWSPAPERS DESIGNATED TO BE USED FOR Wifredo (Willy) Gort ADVERTISEMENTS ON AN ONGOING BASIS, CONDITIONED UPON COMPLIANCE WITH ALL REQUIREMENTS THAT MAY BE IMPOSED BY FLORIDA STATUTES. 15-00143 Pre-Legislation.pdf 15-00143 Letter - Miami Today.pdf 15-00143 Legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item RE.1 was deferred to the May 14, 2015, Regular City Commission Meeting. City of Miami Page 25 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 RE.2 RESOLUTION 15-00383 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE ALLOCATION OF GRANT FUNDS AWARDED FROM THE BJA 13 SMART POLICING INITIATIVE, TO FLORIDA INTERNATIONAL UNIVERSITY, IN AN AMOUNT NOT TO EXCEED $120,789.13 PER YEAR, FOR REIMBURSEMENT OF SERVICES TO DEVELOP AND IMPLEMENTA PREDICTIVE CRIME ANALYTICS PROGRAM TO ASSIST THE CITY OF MIAMI ("CITY") POLICE DEPARTMENT IN MAKING FORCE DEPLOYMENT DECISIONS, AND TO INCREASE CRIME CLEARANCE RATES SPECIFICALLY IN AUTO -THEFTS AND ROBBERIES; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF THE CITY POLICE DEPARTMENT TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO MAINTAIN THE PROJECT. 15-00383 Summary Form .pdf 15-00383 Pre-Legislation.pdf 15-00383 Legislation.pdf 15-00383 Exhibit - Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0196 Chair Gort: RE. 1 has been pulled. RE. 2. Daniel J. Alfonso (City Manager): Commissioners -- go ahead. Rodolfo Llanes (Chief of Police): Good morning. Rodolfo Llanes, Chief of Police. RE. 2 is a resolution authorizing the City Manager to execute an agreement, substantially attached form, for the allocation of grant funds awarded from BJA 13 Smart Policing Initiative to Florida International University, in the amount not to exceed $120, 789.13 per year, for the reimbursement of services to develop and implement a predictive crime analytics program to assist the City of Miami Police Department in making force deployment decisions and to increase crime clearance rates, specifically in auto -thefts and robberies; further authorizing the City Manager to designate the Chief of the City of Miami Police to execute any other necessary documents, in a form acceptable to the City Attorney, in order to maintain the project. Commissioner Suarez: Move it for discussion. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. I'll try to be brief. I really want to commend the Manager and the Police Chief because he's doing -- and, you know, you're not going to fix problems, or crime or violent crime in one day. It's not going to get fixed overnight. But I really like the direction of the way things are heading. And I have to be honest; I haven't always felt City of Miami Page 26 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 that way. I like the leadership. I like the emphasis on restoring our department to its proper place in terms of the way we feel about ourselves and the way we're perceived by the public. And I also very much like -- and this Commission knows, because it's supported me on ShotSpotter, on the use of technology to try to think outside of the box to solve some of the problems this have plagued our City for many, many years. If we keep trying to do the same things -- and I think it's a holistic approach. I think part of it is -- obviously, I do agree with the philosophy of increasing the number of officers. I do agree with the philosophy of reducing poverty as a means of bettering our society so that crime is not -- there's not an incentive to commit crime. But I think the third leg of that stool is utilizing technology in a way that is proactive, and I really commend, you know, the Administration; I really commend the Police Chief for doing that, because it makes us -- and I can't speak for my colleagues, but it makes me feel a lot more comfortable to know that we're doing everything that we can, that we're looking at other departments, that we're thinking outside of the box to try to find ways. I don't know if this is going to work or not. I really don't. I've read the back up. I've seen that it's gotten very positive reviews in other parts of the country, and it kind of appeals to my scientific nature and my mathematical nature, but, you know, I really appreciate the fact that we are trying to do something in pushing the envelope. Thank you. Chair Gort: Thank you. Anyone else? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Mr. Chairman, I do want to commend the Police Chief and the Manager, because this is -- you've seen the latest technology finding innovative ways to solve our crime problems; and at the same time, you know, finding grant funds to be able to push forward, so it's not City of Miami funds; it's not City of Miami resources, so I truly appreciate that. And continue the good work. Thank you. Chief Banes: Thank you. Chair Gort: Want to be recognized? Vice Chair Hardemon: No, I have something to say. One of the things that I've realized through my time as a Public Defender and as a son of a police officer is that robberies quickly turn into murders or homicides; and sometimes, so do burglaries, especially when it's to a dwelling, an occupied dwelling. And in this legislation, one of the things that it specifically says that it reduce - - it would reduce or predict robberies, I believe, and burglaries. And so the first question that I have is once we've learned to predict where this -- where these crimes will happen, what's the next step? Chief Llanes: What the study portion of the -- or the testing portion of the software, the software correlates data from a bunch of different sources : jail release, you know, our crime data, whether - - it puts a whole lot of things together and kind of gives you a box where a robbery or a crime may occur; then it's incumbent upon the commander to deploy resources to that box. And so what the testing element of that is -- would be: "We predicted it happen here; did it or did it not?" And that's what FIU's (Florida International University) role is in testing this software, to then increase it to other police departments. So, what we are is kind of a beta test of this predicting software, and so it's for forced deployment of our personnel to areas where the system is saying this are the -- the highest chances of a crime occurring in this specific area, and so then we would deploy our resources to that area and then see if a crime would occur or not. Vice Chair Hardemon: And, Chief this may be a homerun, softball pitch for you, but I would dare to say that this is a useful tool in places where you cannot predict, handedly, where the City of Miami Page 27 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 crime will be committed. But there are areas within many of our districts, and especially within my district, where I can tell you on every single night that a crime will be committed, and it won't be a burglary, and it won't be a robbery; it will be a homicide. So, help me and the community understand how the places where we know that there'll be crime committed, how is it that our Police Department is using that information? Because we know it will occur on these city blocks within these certain communities. What are we doing now to help meet those problems? Chief Llanes: The difference from this project to what we do now is now we use regressive data, what has happened in the past. What do we know about anecdotally or what have we collected in the past? And the commanders are charged with: "This is where we know the area is, so now we address the problems and the problems around that create that issue." And so, that's what they're tasked with on a daily basis, and then we review their performance monthly in our comp stat meeting as to what -- how have they deployed and used the resources that are available to them, how they have reached out to other agents or other partners to help us combat that issue. And so, that's how we do it now. What this adds is a predictive component to it to say, based on all the data that's out there, including social media, this is where we think the problems are at, and are we doing the right -- "Based on our historical, are we doing the right?" based on the predictive model that's coming to it, so that's a difference. What we do now is use regressive data, what we have seen in the past -- patterns in the past, and then we deploy our resources to those. Chair Gort: Chief let me tell you. I think this morning, right here, we saw what it takes to stop a crime and to help to solve a crime. Chief Llanes: Agreed. Chair Gort: The network, everyone working together. One of the biggest problems the police has today is that we don't have people willing to come forward and give information. The people are not willing because they're afraid. So I think, at the same time, one of the biggest problems that we have, like he was stating before -- I know within my neighborhood where there is problem, I call the commander, I let him know. We'll move in and moves away for a while, but then after police goes away, they come back, so I hope this will help to keep the persistence so that people know you can't do crime in the City of Miami. But I want to thank you for your leadership and the programs you're providing. I think you're doing a great work. Chief Llanes: Thank you, sir. Chair Gort: Thank you. Vice Chair Hardemon: And Mr. Chairman, I just -- Chair Gort: Yes, sir. Vice Chair Hardemon: -- just for the record, correct myself that the clearance rates that will be improving are specifically for auto -thefts and robberies; wouldn't be burglaries, but auto -thefts and robberies. Chief Banes: Those are the clearance rates that we saw that were below the national average here, and so what we want to do is test those, see if this program will improve the clearance rates in the areas that we are deficient. And so that's why that's used as the testing model. Commissioner Suarez: Mr. Chair, if just may -- Chair Gort: Yes, sir. City of Miami Page 28 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Suarez: But they're also -- we also are deterring crime by predicting where it might happen and deploying resources there as well, so we might see a drop in actual crime as well. Chief Llanes: That's what we hope. And -- but the other part of jail release and other information that goes into this, there's also an MO (Mode of Operation) component to it to show, okay, 15 suspects that you think may have committed this burglary couldn't have because they were in jail at the time, and so it kind of narrows down our focus to help improve our clearance rates. Chair Gort: Thank you, Chief. Chief Llanes: You're welcome. Vice Chair Hardemon: So move. Chair Gort: It's been moved by Vice Chair Hardemon. Todd B. Hannon (City Clerk): Chair, there's already a motion and a second. Chair Gort: Second? Mr. Hannon: The mover was Commissioner Suarez, with a second by Commissioner Carollo at 10: 35. Chair Gort: Okeydoke. All in favor, state it by saying aye." The Commission (Collectively): Aye. RE.3 RESOLUTION 15-00396 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE "INLET CLEANING CONTRACT SOUTH ZONE M-044" CONTRACT WITH ENVIROWASTE SERVICES GROUP, INC. ("ENVIROWASTE"), IN AN AMOUNT NOT TO EXCEED $246,470.00, THEREBY INCREASING THE CONTRACT CAPACITY FROM AN AMOUNT NOT TO EXCEED $53,530.00 TO AN AMOUNT NOT TO EXCEED $300,000.00; AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND ENVIROWASTE, FOR SAID PURPOSE. 15-00396 Summary Form.pdf 15-00396 Pre-Legislation.pdf 15-00396 Legislation.pdf 15-00396 Exhibit - Agreement.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0191 Commissioner Suarez: Move RE.3. Vice Chair Hardemon: Second. City of Miami Page 29 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 Chair Gort: RE.3. Commissioner Suarez: Move it. Vice Chair Hardemon: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Vice Chairman Hardemon. Any discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. RE.4 RESOLUTION 15-00397 Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE "INLET CLEANING CONTRACT NORTH ZONE M-0043" CONTRACT WITH ENVIROWASTE SERVICES GROUP, INC. ("ENVIROWASTE"), IN AN AMOUNT NOT TO EXCEED $128,970.00, THEREBY INCREASING THE CONTRACT CAPACITY FROM AN AMOUNT NOT TO EXCEED $171,030.00 TO AN AMOUNT NOT TO EXCEED $300,000.00, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND ENVIROWASTE, FOR SAID PURPOSE. 15-00397 Summary Form.pdf 15-00397 Pre-Legislation.pdf 15-00397 Legislation.pdf 15-00397 Exhibit - Agreement.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0192 Commissioner Suarez: Move RE.4. Chair Gort: RE.4. Vice Chair Hardemon: Second. Chair Gort: Been moved by Commissioner Suarez; second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.5 RESOLUTION 15-00398 Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE INCREASE IN THE "OUTFALL CLEANING CONTRACT M-0045" CONTRACT WITH ENVIROWASTE SERVICES GROUP, INC. ("ENVIROWASTE"), IN AN AMOUNT NOT TO EXCEED $23,280.00, THEREBY INCREASING THE CONTRACT CAPACITY City of Miami Page 30 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 FROM AN AMOUNT NOT TO EXCEED $176,720.00 TO AN AMOUNT NOT TO EXCEED $200,000.00, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND ENVIROWASTE, FOR SAID PURPOSE. 15-00398 Summary Form.pdf 15-00398 Pre-Legislation.pdf 15-00398 Legislation.pdf 15-00398 Exhibit - Agreement.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0193 Commissioner Suarez: Move RE.5. Chair Gort: RE.5. It's been moved by Commissioner Suarez. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Suarez: Thank you, Mr. Chair. Chair Gort: Okay, thank you all. RE.6 RESOLUTION 15-00399 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION NOMINATING MS. LYNN SUMMERS, MS. VANESSAACOSTA, AND MR. KEVIN KIRWIN TO THE MIAMI-DADE COUNTY PUBLIC LIBRARY ADVISORY BOARD, IN COMPLIANCE WITH MIAMI-DADE COUNTY CODE SECTION 2-195; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. 15-00399 Summary Form.pdf 15-00399 Resume - Vanessa I. Acosta.pdf 15-00399 Resume - Kevin M. Kirwin.pdf 15-00399 Legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RE.7 RESOLUTION 15-00480 Department of Human A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Resources ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE City of Miami Page 31 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 RE.8 ORGANIZATION KNOWN AS THE FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871, FOR THE PERIOD OF OCTOBER 1, 2014, THROUGH SEPTEMBER 30, 2017. 15-00480 Summary Form.pdf 15-00480 Legislation.pdf 15-00480 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0197 Chair Gort: Next is RE.7. Daniel J. Alfonso (City Manager): Commissioners, RE.7 is a resolution of the City of Miami to ratifir the collective bargaining agreement between the City and AFSCME (American Federal, State, County, and Municipal Employees) 871. I'm sorry. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Carollo. Yes, sir, you're recognized. Joe Simmons: Just a quick second. We want to thank you all for the support, finally. Chair Gort: Excuse me. Mr. Simmons: Joe Simmons, president of Sanitation Workers Union, AFSCME Local 871. Chair Gort: Thank you. Mr. Simmons: We need your support in approving this agreement. We literally been negotiating year-round for the last five and a half years we look back, so this will kind of at least give us a breather for two years what's remaining before we go back and sit down again. So we ask for your full support. Thank you. Chair Gort: Thank you. Mr. Manager. Mr. Alfonso: We would definitely ask for the Commission's approval. We think this is a good contract for both sides. We didn't get what we wanted; they didn't get everything they wanted, so I think, in that sense, everybody's happy, and we believe it is a sustainable agreement. Commissioner Suarez: Thank you. Chair Gort: Okay, thank you. Any further discussion? Being none, all in favor, state it by saying &ye. " The Commission (Collectively): Aye. Chair Gort: Thank you. RESOLUTION City of Miami Page 32 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 15-00365 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, PURSUANT TO A SPECIAL WARRANTY DEED ("DEED"), IN SUBSTANTIALLY THE ATTACHED FORM, THE DONATION OF A PARCEL OF LAND LOCATED AT APPROXIMATELY 455 NORTHEAST 28 STREET, MIAMI, FLORIDA, ADJACENT TO PRH NORTHEAST 28TH STREET LLC, A FLORIDA LIMITED LIABILITY COMPANY ("GRANTOR"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE DEED, TO THE CITY OF MIAMI ("CITY"); WITH THE GRANTOR INCURRING ALL COSTS ASSOCIATED WITH THE TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE SURVEY, ENVIRONMENTAL REPORT, DOCUMENTARY STAMP TAXES, AS APPLICABLE, TITLE INSURANCE, AND CLOSING COSTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID CONVEYANCE. 15-00365 Summary Form.pdf 15-00365 Back -Up Documents - Waiver.pdf 15-00365 Legislation.pdf 15-00365 Exhibit A.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0198 Chair Gort: My understanding, PH.5, we have to read it along with RE.8? Daniel Rotenberg (Director, Public Facilities): Yes, sir. Chair Gort: Which one you want first, RE.8 or --? Mr. Rotenberg: I believe it's PH5. Victoria Mendez (City Attorney): We could do RE.8 first and then PH (Public Hearing) -- Thank you. Mr. Rotenberg: Good morning, Commissioners. Daniel Rotenberg, director, Department of Really Estate & Asset Management. This is a resolution authorizing the City Commission and City Manager to accept a warranty deed for the donation of parkland parcel at 455 Northeast 28th Street. This is the icon Bay Park. Commissioner Suarez: So moved. Commissioner Sarnoff. Second. Chair Gort: Okay, it's been moved and -- Any further discussion? Questions? Commissioner Sarnoff. First -- it's the first park you'll see in Edgewater for a long time, and you got to give the developer a lot of credit for, well, two things: One is giving us the land for the park, which is a net gain comparatively to what we gave up; and maybe more importantly, the park will be maintained by the developer in perpetuity, so it will never come on the City of Miami City of Miami Page 33 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 tax roll, and you'll have a park available to everybody in the public. This, in concert with the Biscayne Line, should we be successful -- and I think we will be -- you'll have the ability to go to this park from as far south, Mr. Chair, as -- well, hopefully, Parcel "B." Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: I want to commend Commissioner Sarnoff for doing it yet again in his district, but -- and also the developer, obviously, for taking this initiative and this step. But this is also a challenge to our Parks Department, because if that park looks better because it's maintained by a private entity, then our public entity, you know, that's something that, you know, we have to be mindful of. And I think, you know, traffic circles, which we're now finally -- and I thank you, Mr. Manager -- we are -- you know, we've allocated and brought somebody on board to do that, and hopefully, we'll start to see the fruits of that decision coming shortly. You know, this is one where it'll be interesting to see if someone -- some people ask me all the time, Why is the landscaping so nice on Brickell versus Coral Way? for example. And I say, Well, there's a simple answer for that: We maintain the Coral Way landscaping; someone else maintains the Brickell landscaping. "So, you know, it'll be interesting to see how this park is maintained, and I think we need to step it up in our beautification efforts as a city, and there's no reason why we can't compete with the Coral Gables of the world. There's no reason why we can't be as beautiful as other cities, and I just think that, you know -- I'll give a perfect example. I got a scathing call yesterday, scathing, from a constituent about our traffic circle on 24th Street and -- I'm sorry, 24th Avenue and 16th Street, because we put the turf block with the -- you know, with the mulch in the middle, and they didn't like it. They -- you know, the thing was, Well, how come some traffic circles are maintained so nicely? "So I don't know. I'm going to talk to the constituent today and see how it goes, and I know that's our best effort to try to make the best out of a situation. But I think we really need to -- in our budget this year, we really, really -- and I tried to do it last year, and I wasn't going to vote against the budget just because I didn't get one priority, but I think in this upcoming budget, beautification has to be for all neighborhoods, really has to be a big priority for this government. Thank you. Sorry for me going off a little bit on a tangent there. Chair Gort: I'm glad you're bringing that up. And, Commissioner Sarnoff, I think it's a great deal that we have the developer willing to put the park, and this is something we should continue to do. We have developer coming to us all the time asking for certain bonuses, and things like that, but if they add the parks to it, it'll be great, like the one you did in Coral Way for the fire station. And let me tell you, the difference between Coral Gables and the City of Miami is we got to also educate our community how important it is to maintain our City clean. We put a campaign about six months ago, Keep Miami Beautiful. Keep Miami Clean. "My understanding, we got to start with the school system. I already am going to two schools that I'm going to be talking to the kids with a PowerPoint, showing the difference and why it's so important to maintain the City clean. We can be poor, but we don't have to be -- we can be clean also, and I think it's very important that we show the kids. My understanding, so far, I'm the only one that's willing to go and talk to the different school kids and start the education at that level, which is very important. Kids are the one that tell their parents to recycle, not to throw their garbage outside of the car. So I'd like for you all to continue the -- set up within your districts appointment with your school system so you can talk to the kids. Yes, Commissioner Sarnoff. Commissioner Sarnoff You know, Mr. Chair, as my time here wanes, and maybe as I came to this dais, I didn't quite understand this, but developers are not evil. Developers, if you work with them as opposed to working against them, can get a lot of the wishes, a lot of the desires. A lot of your vision can be accomplished through working with them as opposed to working against them. This particular developer, the Related Group, understands they're creating a dense neighborhood where I think a dense neighborhood should be created, but understands when you City of Miami Page 34 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 create density, you need to create relief which is park space, and it's going to enhance the value of their property; it's going to be a public park, which means no, it cannot be shut down; it's going to be, as you said, Commissioner Suarez, going to be maintained; we're going to see who does the better job. I just think, you know -- the one thing I've learned as I've matured up here, it's never us against them or them against us. It's always part of a process where you try to come to a vision and you try to come to -- I don't know if the word is "compromise, " because I think, the end of the day, you all work towards that vision, whether that's called "compromise" or whether that's called "just working together and negotiating." I'm not sure what the proper expression should be. But to simply demonize somebody is to put yourself at opposite ends of them. And once you demonize somebody or some entity, you've put yourselves completely juxtaposed to each other, and you have a lot of repair to do before you can even get back to the conversation. So I would point that out to my -- all up here are brothers. Working with a developer, making that developer understand what your vision is really can get what you want for your community, and as the duly elected of that community, you are the person who should speak for that community. Chair Gort: Thank you. Chair Gort: Mr. Manager wants to be recognized. Yes, sir. Daniel J. Alfonso (City Manager): Thank you, Mr. Chairman, for the opportunity. I just wanted to make some comments for the record. I know that we can do better in the Administration of the City, but I'm going to have to say that we do the best with what -- the resources that we have; and in the past, we've had some challenges in resources. So, yes, our City could look better, and we're working towards that. And to the extent that this Commission wants to prioritize more resources to make the City look better, we would welcome that. And, Commissioner, the circle in question was, I think, a pilot program. Commissioner Suarez: Yes. Mr. Alfonso: So -- Commissioner Suarez: No, and I'm not blame -- and we participated in that, and we -- you know, I was hopeful that the neighborhood would embrace it. And in my -- because it's only one person right now, and I'm going to talk to the person and see if I can explain that to them, because I think, at the end of the day, you know, our effort and our attempt was a noble one. You know, we were trying to, you know, cut cost on maintenance, try to have uniformity, to have things that last, prevent running over -- you know, when the circles get run over, they get -- there's a circle in Coral Gate that has -- not have the shrubbery around one of the palm trees for months. Mr. Alfonso: So respectfully, I will ask that whenever you meet with the constituent, if you would like some of our -- Commissioner Suarez: Sure. Mr. Alfonso: -- staff members to be there and try to listen -- Commissioner Suarez: Absolutely. Mr. Alfonso: -- so that we can also benefit -- Commissioner Suarez: Be wonderful. Mr. Alfonso: -- (UNINTELLIGIBLE). City of Miami Page 35 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Suarez: Of course. Chair Gort: Let me tell you something. I'm not much for the district -- I mean, for the circles. The reason being, I prefer to see four stops or prefer to see, whatever you call them, on the bumpers on the street to slow traffic. Because, first of all, I understand they come out to be very expensive not only to build them, but also the maintenance of those circles, so. Yes, ma'am, you're recognized. Iris Escarra: Iris Escarra, with offices at 333 Southeast 2nd Avenue. I'm joined today by Carlos Rosso of the Related Group, and Sonya Figueroa of the Related Group. We simply wanted to put (UNINTELLIGIBLE) full presentation. I wanted to simply put "thank you" on the record to the Administration; thank you to the Commissioners; thank you to the neighbors that worked with us throughout this project to really make this come full circle. We closed -- came here in 2012 to close the street. We started building the park when we pulled our building permit. That park will be done when we get our TCO (Temporary Certificate of Occupancy), so it's really come to fruition. And we just simply wanted to say thank you very much for all your help on this. Chair Gort: Well, thank you. And we hope you expand your projects to inner site -- in the inner circle [sic] also so we can do the same parks in those areas, especially areas like Little Havana and so on, so thank you. Ms. Escarra: Thank you. Chair Gort: Do I have a motion? Commissioner Sarnoff. I think you have a motion. Chair Gort: We have a motion and a second. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RE.9 RESOLUTION 15-00508 District 3- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner Frank MANAGER TO TAKE ALL STEPS NECESSARY, INCLUDING, BUT NOT Carollo LIMITED TO, AN AMENDMENT TO THE CITY OF MIAMI'S ("CITY'S") CURRENT INTERLOCALAGREEMENT WITH MIAMI-DADE COUNTY, TO ADD A SOUTHWEST 8TH STREET/SOUTHWEST 6TH STREET TROLLEY ROUTE TO THE CITY'S TROLLEY SYSTEM IN EAST LITTLE HAVANA, ENCOMPASSING FROM SOUTHWEST 8TH STREET, TO SOUTHWEST 1ST COURT, TO SOUTHWEST 7TH STREET, TO SOUTHWEST 3 RD AVENUE, TO SOUTHWEST 6TH STREET, TO BEACOM BOULEVARD, MIAMI, FLORIDAAND BACK. 15-00508 Legislation.pdf 15-00508-Submittal-Commisisoner Suarez -Trolley Flyer Distributed by Commissioner Carollo.pdf 15-00508-Submittal-Commissioner Carollo-Little Havana Trolley Route Proposal.pdf 15-00508-Submittal-Carlos Cruz-Casas CIP Department -Proposed Service Areas for Trolley Route Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. City of Miami Page 36 Printed on 5,26/2015 City Commission Meeting Minutes April 23, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Note for the Record: Item RE.9 was deferred to the May 14, 2015, Regular City Commission Meeting. Commissioner Carollo: RE.9? Chair Gort: RE.8. Commissioner Carollo: I think, RE.8, we took it up. I think it's RE.9. Daniel J. Alfonso (City Manager): That was taken up with PH 5. Victoria Mendez (City Attorney): Right, so RE.9. Commissioner Carollo: RE.9, Commissioners. IfI may, Mr. Chairman? Chair Gort: Yes, sir. Commissioner Carollo: RE.9 is something that I have mentioned to my colleagues in the past. As you know, we've had great success with our trolley system, and I want to see if we could extend that success into Little Havana, and in all fairness, I'm hoping that in the future, we could even extend it -- I would like to see it all the way up to Flagami and Northwest 7th Street. But right now, what we're asking for is an extension of a circulator in Little Havana. As a matter of fact, speaking with one of the local historians, the City of Miami used to have a trolley system that went down Southwest 6th Street, so I'm asking, you know, for the backing and the approval of this circulator in Little Havana. So I make the motion to approve RE.9. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes. Commissioner Suarez: Thank you. First of all, I think, without question, I agree with both the statements that the Commissioner made; the first being that our trolley program has been incredibly successful. I think, if I'm not mistaken, our last month's ridership on the total system was 360,000; and the Coral Way Line, I think, was 60,000, which is a line that runs through District, 2, District 3, and District 4, and most of our lines have that kind of a cross -district application. While I think there's -- and then the second statement that he made that I agree with is there's no doubt that the next line should be 8th Street. I think that there is no commercial center in the City that needs a trolley service more than 8th Street does right now. The concern that I have -- and I appreciate the fact that he said that he agrees that it should go to Flagami and that it should potentially go up Northwest 7th, because, you know, certainly, from my perspective, the concern that I have about 8th Street is not 8th Street at all, actually; 8th Street is the logical route. My concern is the western direction. And I think going up Flagler or going up 7th Street, Northwest 7th, as the Commissioner suggested, is probably a better route, vis-a-vis downtown and vis-a-vis going west, because west 7th Street is not -- there's nothing happening there, other than --I mean, not commercially, at least. There's obviously residential apartment buildings, but there's not a commercial corridor like Coral Way, or Brickell or even the Health District. So the Administration had mentioned to me that they were going to come up with a plan that was coming on -- I think it was the second meeting in May, if I'm not mistaken, Mr. Manager? Commissioner Carollo: First. Mr. Alfonso: Commissioner, we were targeting to come up with something for May 14. City of Miami Page 37 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Suarez: Oh, the first meeting in May, okay, which would have -- which would be what in concept? Can you describe that a little bit? Mr. Alfonso: I'm sorry. The reason for the May 14 deadline was that we have the deadline to apply for State grants so that if we don't get the priorities in time for application, then we'll miss the cycle with the JPAs, Joint Participation Agreements with the State. Commissioner Suarez: Okay, explain that in a little bit more -- yeah, somebody explain that, because I'm a little bit lost there. Alice Bravo (Deputy City Manager/Chief of Infrastructure): Alice Bravo, Deputy City Manager. Commissioner Suarez: Yes. Ms. Bravo: FDOT (Florida Department of Transportation) has an annual cycle where they receive applications for transit development grants, and these are the grants we've used for most of our routes; and basically, that provides for half the funding of the operational cost for the first three year a route is put into service. So the deadline to submit these applications for this year's cycle is June 1. So FDOT has a certain amount of funding allocated each year for their cycle, so the best idea would be for us to prioritize which routes we want to apply for, because if we apply for much, much more funding than what FDOT has available, then basically, we're competing with ourselves in allowing them to prioritize for us. Commissioner Suarez: Okay. And I would say, obviously -- and I think the Commissioner's earlier statements on -- and I don't want to put words in his mouth -- but on the grant that we received on the policing technology, obviously, make a lot of sense, that we'd rather get grant money to pay for a portion of it than have to pay for it ourselves, per se, but there are ways within our current contract that we could expand our lines without having to go that route. Ms. Bravo: Correct, we have those options, and we could always work with FDOT to get something along the lines of a letter of no prejudice that if we do initiate a service before they decide which ones they're selecting that we could still be eligible for their funds. Commissioner Suarez: Okay, so -- Ms. Bravo: And there may be routes that are small enough that we say, There's no need to apply to FDOT to develop this route; we can do it on our own." Commissioner Suarez: But I think what his concern would be -- and again, if you want to jump in, you're welcome to. I think his concern would be he would want to see the service starting immediately. Ms. Bravo: Correct. Commissioner Suarez: Does that not allow us to start immediately or --? Explain that to me. Ms. Bravo: We would request FDOT give us something called like a letter of no prejudice. Commissioner Suarez: Okay. Ms. Bravo: We're basically -- Commissioner Suarez: You can start irrespective of application for the grant. City of Miami Page 38 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Ms. Bravo: -- you can start while you apply. And if we select this route for funding, it didn't -- it's not affected that you already started. Commissioner Suarez: So my issue is -- I support it. My issue is then -- Igo back to my first point, which is, I think it -- you know, from my perspective, I think it's a little bit of a better served route if it goes up to 37th Avenue, similar to the one -- actually, the one in Coral Way goes all the way to Ponce, but at least -- what I like about 37th Avenue is it's midway -- it's at least the midpoint of the City. The City goes to roughly 74th Avenue, more or less, on the western boundary, and this brings you about halfway there at 37th Avenue, and it also -- it takes into, you know, account a lot of commercial establishments that are between 27th and 37th Avenue, very, very historic establishments, you know; ones that the media's always covering, like Versailles Restaurant. Whenever there's any sort of event in our community, that's a place of congregation, you know. On the Flagler side, it's easier to come out of downtown from Flagler, because that's the center of downtown. Northwest 7th -- Chair Gort: That's where the trolley used to be, on Flagler. Commissioner Suarez: Right, and that's what I'm saying. So I think the west -- it should go west out of Flagler on Northwest 7th and then all the way to 37th, and then come down east on 8th Street, which I agree is a needed -- Commissioner Carollo: If I may? Commissioner Suarez: Yeah, of course. Commissioner Carollo: Thank you, Commissioner. Thank you, Mr. Chairman. I don't disagree with a lot of what was said. However, speaking to various people in the know, they wanted to get away from doing the big line where you go to all these places and it's one trolley. It was suggested that we go into a circulator and then that circulator tie into other areas. For instance, this Southwest 8th Street would tie into 1st Avenue and 8th Street, which, if you get off you have the Metrorail, you have the Metromover, and you could transfer into the Coral Way trolley that'll take you all the way to Biscayne Boulevard, Brickell, and up to the Port of Miami. Commissioner Suarez: Coral Gables. Commissioner Carollo: So -- yes, and if you go the other way, you could go up to the Gables. Now, what I suggest is this circulator, which is ready to go; speaking to the County, speaking to a lot of people, it makes sense; it's ready to go; ready for -- to put in for the grant. And we make another route, maybe, yes, all the way through Flagler, all the way up to, you know, Flagami, and maybe -- I don't know if we go up to the Palmetto or not, and I think that we start targeting certain areas that has a lot of density, like -- and that's why I mentioned Northwest 7th. Northwest 7th, you have all the buildings there, and it's a potential of doing that and tying it into the 8th Street. So that's where I think that -- you know, and again, I've spoken to various people on this already, including the County, and nothing's etched in stone, but this is very doable. And when you even look at the cost, it's relatively small to be able to get, you know, the trolley into, you know, Little Havana and Southwest 8th Street, which, by the way, Commissioner -- and I need to verdy these numbers, but I have been given statistics that approximately three million -- Commissioner Suarez: Oh, I believe it. I believe it. Commissioner Carollo: -- visitors -- Commissioner Suarez: Yeah, I believe that. Commissioner Carollo: -- go to Southwest 8th Street every year, so I need to verdy those City of Miami Page 39 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 numbers. But it's great for the tourists, it's great for the residents, you know; and through Southwest if it's off of 6th Street, it's a very dense area. Like I said, in the past I've been speaking with a local historian, and he said that the trolley that operated until approximately 1940 in the City of Miami went through Southwest 6th Street. So, again, I would appreciate ifI could get the backing of my colleagues to approve this. And looking at the future, because I do believe that we should extend the trolley to the west, the east/west, and, you know, because -- Listen, I understand that the City of Miami is not the government agency that is responsible for transportation, but we have definitely taken a step forward. We've done something that has been extremely successful, and I think we should extend it to different parts of our city so it could have connectivity to all of our cities. Chair Gort: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Sorry, Mr. Chair. I certainly anticipate supporting a resolution like this at the right time, certainly maybe making you a priority, but I want to make sure that we have studied this the way it's supposed to be studied and not us come up here and say, "Well, this is what I think, and it should be a circulator; it should be that." You know, I've come to learn that our Transportation Department, which was once called CIP (Capital Improvements Program), which is now called, I think, CITP, which is Capital Improvement & Transportation. Having spent some time with Carlos Cruz-Casas and having spent some time with Ms. Bravo, who I think is an expert on transportation, I want to hear what they have to say, and I want to hear their professional opinion, whether it should be circulators, not circulators. And I'll be candid with you, Commissioner Carollo. I want to do a trolley in Coconut Grove as well, andl already have a couple of -- I'm going to call them "development people" -- willing to pay for a trolley, the Coconut Grove BID (Business Improvement District) willing to pay for a trolley, and it would only require two trolleys. I just want to see on a robust basis how we're going to strategize and do this. And like I said, I anticipate my vote being to make sure that you get your route, but I want to study this not from the dais, but from good bureaucrats doing what they do best, which is making determinations, determining what headways they want, how many headways there will be, and what the circulation route should be. If they're coming back to us on May 8 -- Commissioner Suarez: Fourteenth. Ms. Bravo: Fourteenth. Commissioner Suarez: -- 14th, I'm sorry -- you know, I just want to hear it all at that time. I want to hear the menu as opposed to an a la carte Let's do this one right now. "Like I said, I anticipate absolutely supporting you. Chair Gort: Let me tell you, I had request from before on Northwest 7th Street, which is right next to the Miami Stadium where it could take a lot of people to the shopping center in Central Plaza. There's a lot of -- At the same time, we have one on 20th Street, Northwest 20th Street, but 17th Avenue, which is -- I'm creating Little Santa Domingo in there, because, thank God, thanks for the creation of Little Havana Development Authority, we created the Latin Quarter, and it's very successful today and it's good. We have about 17 buses going there daily. But I would like to see -- I agree -- Commissioner Sarnoff I agree with 8th Street. I think it's very important that trolley, but I think it should be a study. I want to hear from you all how we can connect all this. I think -- my request was about a year ago, two years ago. I haven't received anything back yet, so -- Ms. Bravo: It'll be included. Chair Gort: -- I think you can put something together where you can include the 8th Street, but let's do a comprehensive study. City of Miami Page 40 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Carollo: And, Mr. Chairman, if I may? I would like to hear from the Administration, because I have worked with them, I have worked with Carlos Cruz-Casas, and I'd like to hear from them, because this isn't something that now, all of a sudden -- which, by the way, I didn't know that on May 12, we were bringing another comprehensive plan, or whatever you want to call it. So I do want hear from the Administration to see exactly what they had to say with regards to this route, because it's actually a very simple route, and that's why you call it "a circulator, " because it's not a route that goes through different areas in the City, and it's not a long route. It's -- Chair Gort: It's like the one I requested a year ago on 17th Avenue. Commissioner Carollo: Well -- Chair Gort: It's simpler. Commissioner Carollo: So, we'll let the Administration speak. Daniel J. Alfonso (City Manager): Commissioner, if I recall, we had a conversation on Monday morning, the day before print, when you were talking to our staff about the route. We talked about how many buses would be needed. There was a difference of opinion on how many buses would be needed. We talked about a route that went possibly from 26th down to downtown. I think it requires some more review. We're now talking about a route that possibly goes to 37th. We're not sure which way it goes back yet; whether it's on Flagler or Northwest 7th or 6th, et cetera, or 7th. I think it needs more review. And I would like for this Commission to have a complete picture of what it is that the different elected officials are requesting so that we in the Administration can get a consensus on, "Okay, this is what we want you to do. " And I also want the -- this Commission to have the information as to how what we did today or next month impacts the available revenues from the half cent, which we are using to fund this route and any other routes that come in the future, as well as some commitments that we want to make to the All Aboard projects, and some debt service that is street and bonds, et cetera. So I think that if we're allowed to come back on May 14, we can bring all this information to you and you give us direction on which way you want us to go. Commissioner Carollo: Mr. Chairman. Chair Gort: One of the things I'm looking at, the route that you set up for the Miami Stadium that goes up 12th Avenue, that could be a way also to be going to 8th Street. Now, I'm not an expert in transportation, so it's -- yes. Commissioner Carollo: Mr. Chairman. Chair Gort: Go ahead. Commissioner Carollo: Listen, I don't know what conversation you're talking about with regarding going to downtown Miami or if not. If you're looking at sinking this, I can understand. I can tell you this: This is the simplest route, the cheapest route in our whole system; and yes, the reason why it's so simple is because it's a circulator. It goes exactly to what you think; up 8th Street to 1st Avenue, where it has connectivity to all the other locations, and it comes back around through an area that's very dense through our City of Miami and has a history of having a trolley back then. From there, yes, there could be other routes. It could be extended, it could go down 17th Avenue, it could go down 12th Avenue; it could go up to Flagler, yes, but that's exactly what the Administration in the past, I have heard, say they don't want a big long route that goes to all these places and so forth. With regards to how many trolleys, whether it's two trolleys or three trolleys, the difference is minor; the difference is whether we have every 15 minutes or 17 minutes or, you know, that's the difference between two or three trolleys. This is City of Miami Page 41 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 really not difficult. This is, I think, a no -brainier. And if you -- again, if you look at the monies we're talking about with regards to half -cent penny tax, it's relatively extremely small. We're talking that if we start right away -- Commissioner Suarez, if we start right away, we're talking 415,000 in a year. Every year after that, we're talking about $288, 000. Commissioner Suarez: Mr. Chair. Commissioner Sarnoff Well, every trolley cost $200,000; and every trolley to run is $200,000, regardless of the route. Commissioner Carollo: No. Commissioner Suarez: Mr. Chair. Commissioner Carollo: That's not what is stipulated in the resolution. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: Look, I think -- and I'll choose my words carefully; I always try to. I think there are aspects of what Commissioner Carollo is proposing that are no-brainees. A trolley running east on 8th Street is a no-brainer, okay? My difference of opinion has to do with the western route or the western direction of the trolley. I don't think it's less of a circulator or -- I may differ a little bit with his definition of "a circulator. " To me, a circulator is something that goes in a circle, so -- Commissioner Carollo: It is a circle. Commissioner Suarez: Right. So what I'm saying is that if it goes out of downtown out of Flagler, goes up to 37th, comes down 37th, down 38th, to me that's a circle or -- it's really a square, because streets don't go circularly in Miami, so it's kind of a rectangle, if you will. But it's a circulator. I mean, it goes in a circular movement. Whether it goes up Flagler, whether it goes up -- whether the circle is a little smaller through Flagler or a little larger through Northwest 7th, I think, is a subject of professional -- many differences of opinion, or reasonable people can differ. I think there's advantages to both, and I'll tell you a few of them. One is the advantage going west out of Flagler is that that is the center of downtown. So for me, that is a tremendous advantage of getting people out of the middle of downtown going west versus going through a variety of different neighborhoods in this proposal, okay? So you're going -- and you're connecting a commercial corridor. You're going up to 37th Avenue and you're coming down another commercial corridor, which is 8th Street. To me, that makes eminent sense. It's easy, and I think that is a no -brainier. Having said that, I could modify this resolution right now to do that, but I don't think that's what this Commission wants to do, either. I think this Commission wants us to take in this input that we're giving now and come back on May 14 with a comprehensive plan on that. And in that sense, I'm willing to defer to the Administration, okay? I don't always do that. But in this particular case, I would take an aspect of his resolution right now, add to it what I think is beneficial, and make that motion. But rather than get into a parochial back and forth, whether it should go here, whether it should go there, I've learned as the MPO (Metropolitan Planning Organization vice chair that I need to try to figure out ways not to be parochial, so it's not an easy battle. I'm not sure I'm winning that war, but anyhow, I'm doing the best that I can. That -- those are my thoughts on the whole thing. Chair Gort: Yes, ma'am. Ms. Bravo: If I could just add food for thought, and for this discussion and others we might City of Miami Page 42 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 have. What it comes down to is the need, so the need that leads to a circulator is when you have an area where there is limited parking, but a lot of different destinations, and so the circulator helps you connect your parking with the different destinations, and that's why you see a circulator. Like the very first one that was planned was with the Health District. There are limited points of parking, and once someone gets to that area, they have a way of moving around without having to move their car and adding to the congestion. And a lot of congestion comes from people circling trying to find a parking space. And then there's the route that is a mode of transportation where someone who wants to reach several points, there's origin destination. So the first thing is, you know, what type of need are we trying to address with each one of these routes? Because there is a need where the circulator's the right thing; there is a need where a longer route is the right solution, and that's what -- we could just get feedback on all those points that will help formulate the plan for each specific route. Mr. Alfonso: Yeah. I would like to add that whatever is approved by the Commission still has to go back to the County to amend the MOU (Memorandum of Understanding) and be approved, et cetera. Ms. Bravo: Administrative amendment. Commissioner Sarnoff And Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff Some of these routes are being serviced by buses now, right? Chair Gort: Yeah. Commissioner Sarnoff So two things come to mind: One, will the County withdraw their buses; what impact would that have? And two, would the County be willing to give us, in lieu of the money they're spending for the bus, to help facilitate a trolley? Ms. Bravo: I reached out to the County on that point, and we're going to have that discussion; if there's a way to share in the savings when our provision of a trolley route does allow them to pull back their service. Commissioner Carollo: Mr. Chairman. Ms. Bravo: And the trolleys fit the urban scale that we're trying to provide on a lot of our streets a lot better than the double -articulated buses that are being operated. Commissioner Suarez: I agree with that one. Commissioner Carollo: Mr. Chairman. Chair Gort: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Like I said, I have been speaking with the County, and one of the reasons that West Flagler or Flagler was not chosen is because it does have the County bus route. So that's why we chose Southwest 6th Street, because it goes right through a very dense neighborhood; so it's not only for the tourists, but also you have the residents that would take -- be able to take advantage of the trolley service, and Flagler could be another route, because I still think that even though there is a bus route, but that was one of the main reasons that we did not choose Flagler to go back west, because the regular bus routes, the Metro bus routes do take that route. City of Miami Page 43 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Suarez: Mr. Chair, how many bus routes go through 8th Street? Mr. Alfonso: I'm sorry. There's at least three routes that run on 8th Street. There's normally a bus coming through 8th Street about every seven minutes right now -- Commissioner Suarez: Right. Mr. Alfonso: -- during peak time. Commissioner Suarez: So I know there was one going through Coral Way, and I remember that was a big part of the discussion when we did the Coral Way route. We had the 24 that ran through Coral Way, so there's three times as many buses that run through 8th Street. But be that as it may, I still think that we need a trolley on 8th street. Commissioner Carollo: Right. Commissioner Suarez: I think that it's in -- I think that part of this idea is a no -brainier. I don't think the rest of it is a no -brainier, to be honest with you. And I think -- you know, I don't want to have showdown up here. I don't think it's good for us to have like some sort of a showdown of you know -- I think we all -- you've heard what we've all had to say, and I think we should have -- let the Administration come back with its idea, and then we'll go from there. But I still think you have -- and I'm glad that you pushed the envelope on this, because the bottom line is that we have three very successful routes -- or four very successful routes, and this is a route that needed to happen, and it's going to happen. And I think whether it's exactly like this or whether it's some variation of this, I think the concept is going to happen, and I think I can say that confidently. Chair Gort: I think the concept should be how to connect the whole City through -- Commissioner Suarez: Oh, of course. Chair Gort: -- the trolley system. Commissioner Suarez: Of course, of course. Chair Gort: We should been doing -- Commissioner Suarez: Yeah. Chair Gort: -- that quite a bit. Commissioner Carollo: This is exactly -- Chair Gort: But the reason I'm asking, because I've asked for this a year and a half ago, and I never receive any -- did not come back to me, yet, because they were looking at it and studying and so on. So the -- I don't know if they having comprehensive plan that you're putting together for the whole City. I think you're hearing from all of us what the needs are, and what we think we need to supply us the transportation there and -- I'd like to see the whole plan together. And I think 8th Street, I'm with you. I think it's no-brainer. It's a great place. It's coming back alive, and it took a lot of years, but finally, it's doing it, so. Mr. Alfonso: I'm -- again, if it's the will of the Commission, we would like to come back on May 14 with the different routes that have been asked to explain how they would work. Chair Gort: And in consideration that 8th Street, which is very important, okay? City of Miami Page 44 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Mr. Alfonso: Yes. Commissioner Carollo: Keep waiting on the Administration. I gotta tell you -- Chair Gort: Defer to the 14th. Commissioner Carollo: -- you've been waiting a year. I chose not to wait. I chose to be proactive. We'll keep waiting on the Administration. What do you want me to tell you? Chair Gort: Okeydoke. Commissioner Suarez: I think you did the right thing -- Chair Gort: Yeah. Commissioner Suarez: -- to be honest with you. I really do. I think you did the right thing, you know. Chair Gort: Okay, come back on the 14th. Commissioner Suarez: You have to be proactive. Chair Gort: Excuse me. Mr. Manager. Mr. Alfonso: Yes, sir. Chair Gort: We're corning back on the 14th -- Mr. Alfonso: Yes, sir. Chair Gort: -- with the -- your experts are going to come up with a plan, according to everything they heard here today, and the cost and the whole works, okay? Mr. Alfonso: Yes, sir. Commissioner Carollo: And Mr. Manager, could you also say who your experts are? Mr. Alfonso: Commissioner, the traffic engineers that we're using is Mr. Cruz-Casas. Commissioner Carollo: The one who I've been working with -- Mr. Alfonso: Yes, Commissioner. Commissioner Carollo: -- with your permission? Mr. Alfonso: With your -- with all due respect, sir, I think -- we will come back with the analysis that this Commission directs us to come back with. Chair Gort: I need a motion to defer to the 14th. Commissioner Sarnoff So move. Commissioner Suarez: Second. City of Miami Page 45 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Suarez. Any further discussion? Commissioner Suarez: Are we deferring this exact item, or are we just going to with -- I mean -- Chair Gort: This and (UNINTELLIGIBLE). Commissioner Suarez: So we'll have this, and then we'll take up that as well? Chair Gort: Yes. Commissioner Suarez: And what if that is different from this? Chair Gort: Well, it'll be amended then. Commissioner Suarez: Okay. Commissioner Carollo: I -- if no action is taken, does it come back automatically, Mr. Clerk? Todd B. Hannon (City Clerk): No action taken, it would be to the next like meeting, so it wouldn't come back until the second meeting in May. Commissioner Carollo: Okay. So we -- Chair Gort: Okay. Commissioner Carollo: -- want it to come back to the next meeting, not next -- Chair Gort: Thank you. All in favor, state it by saying i ye. " The Commission (Collectively): Aye. RE.10 RESOLUTION 15-00307 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Budget ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN FISCAL YEAR 2014-2015 MULTI -YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. 14-0322, ADOPTED SEPTEMBER 9, 2015, AS SUBSEQUENTLY AMENDED BY RESOLUTION NO. 14-0383, ADOPTED SEPTEMBER 29, 2014, RESOLUTION NO. 14-0445, ADOPTED NOVEMBER 20, 2014, RESOLUTION NOS. 15-008 AND 15-0012, ADOPTED JANUARY 8, 2015, RESOLUTION NO. 15-0048, ADOPTED FEBRUARY 12, 2015, AND RESOLUTION NO. 15-0169, ADOPTED APRIL 9, 2015 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 15-00307 Summary Form.pdf 15-00307 Legislation.pdf 15-00307 Exhibit.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item RE.10 was deferred to the May 14, 2015, Regular City Commission City of Miami Page 46 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 Meeting. RE.11 RESOLUTION 15-00306 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Budget ATTACHMENT(S), AMENDING APPROPRIATIONS RELATING TO THE GENERAL FUND FOR THE FISCAL YEAR 2014-2015, PURSUANT TO RESOLUTION NO.14-0362, ADOPTED SEPTEMBER 23, 2014, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2015. 15-00306 Summary Form.pdf 15-00306 Legislation.pdf 15-00306 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0199 Chair Gort: Okay, RE.11. Commissioner Suarez: Just the part of REM that deals with 3, 4, and 5. Christopher Rose (Director, Office of Management & Budget): Good morning, Commissioners. Chair Gort: Good morning. Mr. Rose: Chris Rose, Office of Management & Budget. We would then take the resolution that's in there, take everything out, except the $399,000 associated with the storm drain cleanout, storm water revenue, so we'll recognize both the revenue and expense, and that would be it. We'll bring the rest back in one meeting. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: It's been moved and second. Is there any further discussion? Vice Chair Hardemon: And I want to just be clear. As it pertains then to ratifying the agreement, we can still do that perfectly fine, right? The rating the -- Chair Gort: Right. Vice Chair Hardemon: -- Local 871 agreement. Mr. Rose: If may, Commissioners. Chair Gort: Yes. Mr. Rose: The 871 contract is not included in the mid -year as it stands today. Should you approve it today, we will be able to get that in time for the next one. Vice Chair Hardemon: Correct. No further unreadiness. City of Miami Page 47 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Chair Gort: Okay, it's a second -- motion and a second. 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: The rest of the -- Commissioner Suarez: As amended. Chair Gort: -- I need a motion to defer the rest of the RE -- Commissioner Suarez: We already did that, I think. Chair Gort: -- 11. Mr. Hannon: We're good to go with -- no, no, you don't need -- we're good to go with RE. 11. Chair Gort: Okay. Mr. Rose: Thank you, Commissioners. Chair Gort: Thank you. END OF RESOLUTIONS BUDGET BU.1 BUDGET DISCUSSION ITEM 15-00385 Office of Management STATUS (SEC.18-542(B) CITY CODE) and Budget I. 2014-2015 BUDGET II. PROPOSED 2015-2016 BUDGET 15-00385 Summary Form.pdf DISCUSSED Chair Gort: Next. Christopher Rose: Good morning, Commissioners. Item BU.1, this -- I am Chris Rose, the Budget Director for the City of Miami. The current year is now half complete. The books for the month of March closed on April 9, and we are currently projecting a surplus in the general fund of 18.6 million. This is a small amount; 1.2 million higher than it was last month. It includes what we had proposed in the mid -year amendment; not to presuppose what the Commission would do, but to show a picture of what it would look like if that had passed. It does not include the 871 contract that was passed earlier today, so those will be included in my -- in next month's report. In addition, the internal service fund is currently projecting -- we're projecting a $9 million surplus. Health care is less than we expected it to be, and workers' comp is less than we expected it to be. Commissioner Suarez: Can you shed a little bit of light on what you mean by that? City of Miami Page 48 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Mr. Rose: Sure. In the internal service fund, we put together all of the costs that we allocate to all the departments, such as pensions, health care, workers' compensation, other insurance. In that particular fund right now, health care is currently running lower than we expected it to be and workers' comp claims. Commissioner Suarez: (UNINTELLIGIBLE). Mr. Rose: Yes. Commissioner Suarez: So -- and I don't want to jump the gun, but if the year were to end with that surplus maintaining, that would be consolidated with the other one, correct? Mr. Rose: Yes, sir. Commissioner Suarez: Thank you. Mr. Rose: And just to get it on the record, it does not include the State secondary pension, what we commonly call the 87 -- 185 money and the 75 money for firefighters and police officers that we normally traditionally take care of in the end -of -year amendment. We are monitoring still the Police Department, the Fire Department, Real Estate & Asset Management, and the Parks Department for other potential changes at the end of the year; all of them outlined in the report. Actual general fund revenues received to date were $34 million higher than last year through the same period. Revenues were $19 million higher than through the same period last year. Among the revenues, the Building Department and Planning & Zoning Departments are projecting to be higher than we had budgeted, but we are watching those carefully; in particular, impact fees are not coming in as fast as we had excepted. We are seeing some softening in impact fees, so it is something we're going to keep an eye on. Expenditures for the most part, though, are right in line; there are just those few departments that we are watching. And just to fulfill the requirements of the financial integrity principles, budget development for next fiscal year is underway. We have met with all the departments one time and some of the outside agencies. We are using the new Hyperion budgeting system; everything is going smoothly, and we're on pace to have a budget for publication in early July to give you as much time as possible before the September meetings. Vice Chair Hardemon: You're recognized, Commissioner Sarnoff. Commissioner Sarnoff So where are we with police overtime? Mr. Rose: Police overtime, right now we're looking at a $1.2 million over expenditure in the overtime line, but hiring continues to be faster than we had budgeted at the moment, so the two may balance each other out; we're hoping so. Commissioner Sarnoff I'm sorry; you want to explain yourself on that? Mr. Rose: Sure. Commissioner Sarnoff You're hiring more police officers than you anticipated. Mr. Rose: We're hiring them faster than we anticipated, sir. Commissioner Sarnoff I'm going to have that printed, and I'm going to have that put on a PowerPoint presentation. Mr. Rose: Yes, sir. City of Miami Page 49 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Sarnoff You want to make that statement again? Mr. Rose: Yes, sir. The attrition in the Police Department is not as high as we had expected. Commissioner Sarnoff Okay. Mr. Rose: The position -- the hiring is happening faster than we had budgeted, sir. Commissioner Sarnoff And you do, though, having -- you do -- have said that, having looked at, considered, pondered, and completely analyzed where you sit today as a police department, correct? Mr. Rose: Yes, sir. Commissioner Sarnoff Good answer. Okay, thank you. Mr. Rose: And I can take any other questions you may have. Commissioner Sarnoff No. I just want to hold you to that one. Mr. Rose: Yes, sir. Commissioner Sarnoff I think the Vice Chair knows where I'm headed. Chair Gort: Okay. Daniel J. Alfonso (City Manager): Mr. Chairman, if I may? I just want to point out that there are some departments that we're projecting over budget, and as required by our financial integrity principles, we're noting you of that. I also want to note that there's been some settlements that have been approved by this Commission that we have to write checks for; that we will write those checks as approved by those prior resolutions, but that that will put us in excess of the currently allocated budget in some line items. Chair Gort: Any other questions? Commissioner Sarnoff That will put us -- you meant to say, I think, "we will exceed" Mr. Alfonso: No, no. We will exceed some of the allocations in some currently allocated budgets. Chair Gort: Okay, thank you. Mr. Rose: Thank you, Commissioner. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Something the Manager said; that he needs to inform us of the departments that are over budget. Could you state that; which are the departments that are over budget again? Mr. Rose: Sure. Right now the Police Department is one that we're watching, and it is, in particular, the overtime line that we're watching. Fire Department, there are -- traditionally, we City of Miami Page 50 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 DI.1 15-00387 City Commission have taken care of the ALS (Advanced Life Support) payment that's contractually in the collective bargaining agreement at the end of the year, so that may put us over. Real Estate & Asset Management, there are some things outside the director's control, such as property appraisers, in partic -- appraisals, in particular, that we are watching be higher than what we had anticipated in the current year. The Parks Department, we are watching when Parks come online and potential amendments to the Parks budget to accommodate those parks coming online. And those are the ones that we're watching right now, sir. Commissioner Carollo: So -- and the reason you're watching, because of what the Manager said is because right now, year-to-date, they're over their estimate -- their budget. Mr. Rose: We are projecting that they would be. Right now they are right around the 50 percent mark that is currently -- that we are currently at, but we are watching how they will end the year. Sometimes the second half of the year is different from the first half of the year. Commissioner Carollo: Okay. Chair Gort: Any other questions? Thank you, sir. Mr. Rose: Thank you. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 15-00387-Submittal-City Manager -Police Department Hiring and Staffing Update Memo.pdf DISCUSSED Chair Gort: Next? Daniel J. Alfonso (City Manager): The hiring of police officers. Chair Gort: DI.1. Rodolfo Llanes (Chief of Police): Rodolfo Llanes, Chief of Police. This calendar year, we've hired 24 officers. We have two left from the prior list that should be -- expected to be hired by April 28 after clearing medical and EODP (Equal Opportunity and Diversity Programs). We have oriented 513 applicants off the new list, and they are in various stages of the background process. I do expect a lag in hiring over the next 60 days as we go through these applicants. I expect the first hire from the new list in that 60- to 90-day window. Commissioner Sarnoff When -- I'm going to ask a very easy question. Don't you love pregnant pauses? I love those. When do you think, in your expert opinion, based upon your voluminous service here in the City of Miami as an honorable and competent Chief that you would hit the budgeted 1,259 number? Chief Llanes: Never. Commissioner Sarnoff That's a good answer. When would you come within 5 percent of that number? City of Miami Page 51 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Chief Llanes: I expect for us to hire anywhere between 100 and 220 officers a year for the next three years. And so, depending on separations and everything else, that is my prediction. I couldn't tell you where that hits us to our budgeted number or what our budgeted number will be for '15/'16, but that's my prediction as far as resources are concerned. Commissioner Sarnoff So just to reiterate what you said, you anticipate 120 to 140? I didn't -- Chief Llanes: A hundred to 120 each year. Commissioner Sarnoff So 120 officers each year? Chief Llanes: Correct. Aspirationally, 120. I know we can do a hundred. Commissioner Sarnoff So then -- and ifI were to explain to you that you have 350 about to be leaving in September 2016 -- is it '16 or '17? Yeah, I'm right on my number. No? Chief Llanes: No. Commissioner Sarnoff. They're going to stay? Chief Banes: No, not that they're going to stay, but there's not 350 leaving on a certain date. Commissioner Sarnoff No, no, no. By that time, you will have lost. Chief Llanes: Oh, by that time, by that time. Sorry. Commissioner Sarnoff That's the big month. That's the month that about a hundred cops leave. Chief Llanes: September of '17. Commissioner Sarnoff It's either '16 or '17. I think it's -- Chief Llanes: Seventeen is the big year. Ninety-six, I believe -- Commissioner Sarnoff Yeah, I think that's the 96 month. So it's 2,000 -- it's September 2017. Chief Llanes: Yes. Commissioner Sarnoff All right. So if my math is correct, and if you're at 1,152 today, and I add 120 officers per year, and I just subtract for the next three years 120 officers, well net out exactly where we are today. Chief Llanes: No. Commissioner Sarnoff No? Okay. I must be doing Alfonso math. Mr. Alfonso: No, Commissioner, it's not Alfonso math. The 350 number through 2017 is incorrect. It's less than 300 that are leaving between now and 2017. Commissioner Sarnoff How many are leaving? Because I have a schedule of leavers, and you can tell me how many are leaving. By September 2017, how many are leaving, from today? Mr. Alfonso: All right, we'll get you that number in a second. I believe the number was around 280, but -- City of Miami Page 52 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Sarnoff Okay, 280. Mr. Alfonso: Two twenty-seven? Two twenty-seven, Commissioner. Commissioner Sarnoff All right, so my -- Mr. Alfonso: So, if we add 320, let's say, between now and then, we'll be net 80 more than we are right now. Commissioner Sarnoff So net 80 allocated? Chief Llanes: No, net 80 (UNINTELLIGIBLE). Mr. Alfonso: No, no. If we hired 320 more -- Commissioner Sarnoff Right. Mr. Alfonso: -- between now and then and we lose 227 -- Commissioner Sarnoff Yeah, you'll be at -- Mr. Alfonso: -- we'll be net 90 more than we are right now, so we would be around 1,260. Commissioner Sarnoff What we budgeted for today. Mr. Alfonso: Exactly. Commissioner Sarnoff And that's okay with you? Mr. Alfonso: Commissioner, it's not going to happen all at once. At some point, actually, I believe that we will have to, like we did with the Fire Department for a short period of time, over -staff, because we do keep -- we're not losing 120 this year. We're -- the schedule this year is only, I think, like 20 or 14 only in the DROP (Deferred Retirement Option Plans) the rest of this year. So if we hire 100 the rest of this year, we will be plus 80-something this year. I mean, by December, right? So next year, if we keep going at the same rate -- again, next year we don't lose a hundred and something either, so we will surpass for some period of time the amount that we actually have budgeted, and we'll have to ask this Commission for that approval when the time comes in the '15/'16 or -- '16 budget. And then, when you get that big drop in 2017, the desire is to be actually above the 1,260 so that you drop down, not all the way down to where we are today, but near the budgeted number. That is the goal that we are shooting for. Commissioner Sarnoff So let me turn this paradigm around a little bit. So upon John Timoney's departure, he did a staffing memo. That staffing memo suggested if the City of Miami hit 500,000 people, that you would need 1,500 cops. It's not this Administration's intent to get to 1,500 cops. That's a fair statement, based on what I've heard today. Mr. Alfonso: That is a fair statement, Commissioner. Commissioner Sarnoff Okay. So you'll never get past three police officers per thousand? Mr. Alfonso: Commissioner, "never" is a long time, but not within -- Commissioner Sarnoff Yeah, you're right. Mr. Alfonso: Not within the next -- City of Miami Page 53 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Sarnoff In the foreseeable future. Mr. Alfonso: Right. Commissioner Sarnoff That's a fair statement, Danny. Mr. Alfonso: Right. Commissioner Sarnoff You're right. In the foreseeable future, you do not see getting past three police officers per thousand Mr. Alfonso: That is correct, Commissioner. Given our restraints on budget, on hiring, on recruiting, we -- I do not see that in the next two to three years. Commissioner Sarnoff You say -- did you -- I don't mean to cut you off Mr. Alfonso: Yeah. So I want to make a point -- and I know that we can differ on this -- is that the measure of number of officers per thousand residents is a guidepost, but not, you know, like the "holy number." If you look at a city like Baltimore, they're like four officers per thousand residents. They have significantly more crime than we do. But you look at cities in the middle of the State where there's one crime, and their rate of officers per thousand is very low. So it really depends on what you need. In the northeast, some of the comparisons that I've seen, the number of officers per thousand includes dispatchers, because dispatchers are sworn officers. So I think that when we look at that number, we have to take it and sort of break it down and say, what really is the service that is being delivered? Where do we need that service? But going back to the issue that we were talking about, I believe that given our current budget constraints, our ability to recruit more than a hundred officers per year or so, and where we are with the labor negotiations, et cetera, that there would be some limitation on reaching 1,500 officers in the next three years. Commissioner Sarnoff All right. So -- just to enjoy the debate, which I do enjoy debating you, the cities you should be looking at are cities that are going vertical. You would agree, with me, Mr. Alfonso, that you have enjoyed, as has every district, the increase in density and the increase in height that is occurring in the downtown Brickell area. You are certainly taking people's taxes and revenues and putting them to good use in the City of Miami. Correct? Mr. Alfonso: That is correct. Commissioner Sarnoff All right. And in doing so, we are becoming a vertical city. I would suggest to everyone that you could go on USA Today and see if you care anything for the environment, if you care anything for preservation of natural resources, you allow your city to go vertical. So I don't think it's a bad thing; I think it's a good thing. However, the aforementioned cities that you have brought up -- if I were to compare us to New York City, do we have a better crime rate or a worse crime rate than New York City? I know the answer to that question. Do you? Mr. Alfonso: Not off the top of my head, sir. Commissioner Sarnoff Okay. On a city that is parallel, Philadelphia, again, partially a vertical city, though -- I would argue to you maybe not so vertical; a city like Atlanta, Georgia, equally becoming a vertical city. You want to start comparing yourself not to southern strategy cities. Southern strategy cities are lateral cities. The City of Miami is not going to be a lateral city for very long. If you don't start changing your strategic thinking, places like Morningside -- to use my district -- places like Golden Pines will never be able to achieve an increase in patrol, and City of Miami Page 54 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 most people, Mr. Manager, believe the general concept, lin ounce of prevention is worth a pound of cure," just a believe concept; might be a misperception, but it's a believed concept. I'm just sort of disappointed, and obviously, as I say, my -- as my time wanes, the only thing I could do is influence these Commissioners to get beyond three police officers per thousand. I mean, candidly, we're at about -- what? -- 2.2 right now, 2.3? If I were to throw in daytime population Mr. Alfonso: Yeah. Commissioner Sarnoff -- if I were to throw in two or three events, I could it get us to about two. My point is -- you know, this three is aspirational. We're not even there. If the City of Miami continues to grow, not at the rate I projected, but at the rate it actually is growing, and 7,000 units do occur downtown, you'll not be at three for very long; you'll actually lose ground again. So what I'm saying to you is when you build a vertical city, you have to police it like it's a vertical city. You have acres in the sky. You don't have acres on the ground. You have people that need police services vertically, people that are living on top of each other, and that's a sociological fact. Whether people live better or worse on top of each other certainly is an interaction and it certainly does create a density. I just implore you that -- I know where we're headed. We're headed to the exact allotted number we have today for September 2017, because the end of the day, I think philosophically, that's where you want to be. Philosophically, I don't want to be there. Philosophically, I want this City to increase police services. And whether we did the right thing in 2009, 2010, and that created a drop of disproportionate magnitude, that's a fact that we can't change. However, understanding that fact and having these conversations almost on a daily Commission meeting basis, I -- it's very hard to dislodge your thought process on policing. And while you're not a policymaker, you are a policy implementer, and in that implementation gives a great a deal of vagrities and the ability to determine what the number of police officers should be. I would strongly urge you to read John Timoney's departure memo. I would strongly urge you to read why and how he arrived at that number and to see that we're already surpassed the number that he had already projected in terms of residential housing; not only that's built; that is being built and is planned to be built. I just -- I -- you know, I know I sound like the canary in the cave, but if you were to change the paradigm of Miami and if you were to consider the lousy weather New York experienced this year, the lousy weather Chicago experienced, you're going to bring a financial sector down here. They would be much more willing to come with two suggestions to you. One is in your hands, and one is not in your hands: Safety; making Miami a preeminent city in safety, they would come in droves. The second is schooling. That's not in your power, and I concede that point. Those two issues will make this City, town, whatever you like to call it, village, it will bring about jobs and the kind of jobs you want to fill these residential communities that we're building, and I just implore you to reconsider and rethink -- you know, you can have any computer system you want in the world but as long as you have five cops stretched from the Rickenbacker Causeway to the Boot in Coral Gables, three of those cops have been moved from the eastern side of the City because there's a call on Coral Way, leaving two cops to respond. That is the stretching of resources. I've never said what to do with how you police. That's beyond my expertise. If he decides a hundred cops need to be in robbery, then a hundred cops need to be in robbery. But you don't have the resources I think you have -- and by the way, the fact that you have a disproportionate number of overtime in the Police Department should be another canary in the cave to you saying, Wait a minute. Maybe I don't have the resources I might really need." Vice Chair Hardemon: Mr. Chairman. I'm a novice, of course, to policing strategies and putting together the number of officers needed for certain areas, but I would concede that Miami is becoming more of a vertical city with the expansion of its downtown areas. But I don't believe that in all of Miami, we'll see that type of growth, because there are some areas within Miami that I appreciate the diversity where you can have the single-family homes that have much less density than other areas, like the downtown area. But, of course, the downtown area and everything that is fronting the water is probably primed for vertical development. And so, when I City of Miami Page 55 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 look at the City of New York and when I consider the City of Miami, one of the major differences that I see within those two cities and how the police are policing those communities, the downtown -- I'm going to compare the downtown area as compared to the City of New York where you have many high-rises, is that the transportation is different. So when I think about policing in New York City, many times I see a lot of police officers on the street walking. You probably see hundreds of police officers. I mean, you see a significant amount of police officers. They're also in the rail system. I mean, they're everywhere, the subway system. And so, as we continue to develop vertically, do you reasonably anticipate changing the way that we put police officers in the downtown area as compared to how we typically have it now, one officer per car, and that's how we police our entire City? Chief Llanes: Yes. We -- there has to be a significant change in the way that we police these areas, not only for visibility but for mobility. It's very difficult to have a police car stuck in traffic when you need to get somewhere, so bicycle and foot patrol is the better method of policing those areas, just because it's easier to get to where you need to go and you provide a better presence. There is a change in the philosophy on how you patrol lateral and vertical communities. Vertical communities traditionally have a lot less crime because there's a lot -- the control points are very -- are much smaller to access the residents, and so there's control points to where there isn't control points in a lateral community. There's a lot of ways in and a lot of ways out that's controlled in vertical. So the strategies are a little bit different, but the number of police officers is also different, because you have limited spaces when you're on foot and bike in response time distances to get to where you need to go. It's impractical to be in a police car, but you also need to have a higher volume of officers per area so that you can cover smaller areas on foot, or on bike, or T3 or whatever mode of transportation you're going to use that's not a vehicle. Vice Chair Hardemon: What I find to be interesting is that in the downtown area, for instance, you're going to have a high population of residents, and we're trying to increase the number of officers throughout the City per resident. But because of the control points, because there is less crime in areas like downtown, especially violent crime, how do you anticipate -- and this is not something I'm going to hold you to, but just something to speak to so that I can have some foresight about where I'm going to go in the future when we start to discussing our policing strategies. But how do you anticipate then servicing areas that have more crime but less of a population as compared to those that have higher -- low crime but higher levels of population? Chief Banes: The strategy is very similar. We haven't -- this industry has not provided a beat configuration of policing to high -crime areas successfully in a lot of areas, because it hasn't been tried. That's what we're going to try now this year. We're going to reconfigure some patrol officers and put them -- and deploy them beat style, like you would in a high -density area, in a high -crime area to develop relationships with the residents that are there and have that beat configuration of an officer, similar to what you would have in a high -density area, but we're going to try it in a high -crime area to see if that pilot works. I have a lot of faith in the fact that officers that create relationships instead of driving around in cars have a better understanding of their community and also build better relationships to get information that you need to solve crime. And so I think that a lot of times when we say that we're not getting cooperation from our residents, that's inferred as if we're blaming them for not coming forward. I think we need to shift the thinking to say, "What have we done to increase the trust in us for them to come forward?" And so that's what I want to do, is build better relationships in high -crime areas with a beat configuration of an officer to try and bring us closer together and help us solve crimes that way. Chair Gort: Let me ask a couple of questions. I'm not an expert in this, but my understanding, going vertical in crime, it depends where the verticals taking place. Chief Llanes: Sure. City of Miami Page 56 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Chair Gort: And I would like to get some statistics in downtown and Brickell. And let me tell you, I think downtown and Brickell is the greatest thing for the City of Miami. The neighborhoods pay less tax, thanks to the -- what takes place in Brickell, and I used to be there in the '90s in DDA (Downtown Development Authority), and I've seen all that has taken place, and it's been great. Now, my question is, at one time, the -- most of those vertical buildings within Brickell and that area and downtown Miami, they have their own security. At one time, I remember we used to have their security connected to our, and they would inform each other right away immediately, and that helped the -- decry [sic] the crime. Also, I understand it's very important to have policing, but how you applying where you place them, I think is very important also. So I hope this new study you getting will give you an idea on how to deploy best your officers, sir. Commissioner Sarnoff Mr. Chair, Michigan Avenue in Chicago, you will see four or five police officers working up and down the street; whether they're needed, not needed their presence is felt; very high -end district in Chicago. We don't have a police officer walking up and down Brickell, and that whole image, that whole feeling -- you know, I don't know what the reputation of Chicago police are, but I could tell you this: When I was there spending the weekend, it felt good to see the cops up there; thought their hats looked kind of funny with the checkers on it, but hey. Chair Gort: Walking beats. Commissioner Sarnoff Right, walking beats. And all I'm suggesting is -- I actually think, as a taxpayer, people prefer, simply feel better when they see a police officer around them. And I think to these vertical residents, there's practically nothing else you can give them than a feeling of security. That feeling of security, I am suggesting -- I cannot prove this -- will bring economic development, because people want to live in what is probably the biggest marketing place in the United States, maybe in the world right now: Miami. Bill de Blazio has been the best thing that ever happened to Miami. I suggest that Commissioner Suarez and I create a pact to make sure he is re-elected prominently and seriously every time he runs, because, very seriously, his proposed tax increases will push people to other parts -- Commissioner Suarez: They'll keep pushing people. Commissioner Sarnoff And it will. Commissioner Suarez: Yeah. Commissioner Sarnoff And there's nothing wrong with saying, `If you don't want to live in New York, we'd welcome you to be in Miami. We'd love to have your hedge fund" I could tell you this, Commissioner Suarez: I brought somebody to Ransom Everglades who is the 16th wealthiest man in the world. Commissioner Suarez: Wow. Commissioner Sarnoff Just so -- to see if his kid could go to Ransom Everglades. And his intention is to bring his hedge fund -- I'm not going to mention his name, but I'm going to give you enough to figure this out -- that he bet against the real estate market in 2008; sold that hedge fund for $13 billion. Commissioner Suarez: Wow. Commissioner Sarnoff Formed a new hedge fund. Chair Gort: He's doing pretty good. City of Miami Page 57 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Sarnoff Right. He's doing very well. That's not the only man I brought. They're coming. And you know what their first question is? Where am I going to send my kids to school?'And you know what their second question is? Commissioner Suarez: Is it safe? Commissioner Sarnoff. Now safe is Miami?'By the way, on traffic, they're used to New York, so they're all -- they're laughing at our traffic -- Commissioner Suarez: Yeah. Commissioner Sarnoff -- you know. They're actually laughing at our traffic. Commissioner Suarez: No. I think traffic will become a bigger and bigger issue in that equation. Chair Gort: They have public transportation in New York. Commissioner Suarez: Right. But I think it goes -- all three of those things go to the same issue, which is our brand. The brand of the City of Miami is very strong right now, and I think the one responsibility that all of us up here have, every single person who's in this chamber, is to do something to strengthen that brand. Chair Gort: Okay. Commissioner Sarnoff Mr. Alfonso. Mr. Alfonso: Commissioner -- Commissioner Sarnoff I love our debates, by the way. Mr. Alfonso: -- I appreciate it. I enjoy it as well, too. I want to say that I will definitely read Timoney's thoughts. I'm not opposed to adding additional officers. What I want to do is manage the growth, so the Police Chief has ideas on how to better distribute our resources. He has ideas on some positions that we still have that our officers that are working behind desks, and maybe those positions should be civilianized, so to the extent thatl can ask civilian personnel and move more officers out to face-to-face interaction with the community, we'd like to explore those opportunities, look at what the impacts of future bargain negotiations are with the law enforcements before we commit to a higher number of officers. But I think -- eventually, I think we will have to do more, because as the City continues to grow, obviously, we'll have to grow with them. Commissioner Sarnoff And just -- ifI could, Mr. Chair. And I know I probably absorbed a lot of time today. Two thoughts: A young, very young 18 year -old police officer by the name of Sarnoff had to write a report for his Bachelor's degree in criminology, Chief and his report was called The Quarter -Inch Divide. "The quarter -inch divide was an air conditioned police car in Hillsborough County, as a Hillsborough County Sheriffs officer. What that quarter -inch window did to separate you from the community -- because after all, it was hot out; you wanted to be cool, you wanted that air conditioner on. And you wouldn't believe -- I know you know this, because you were a patrol officer. You know what it's like to be inside that car with the AC (air conditioner) on and not hear or see really what's going on outside. I rode with cops that got out of their cars that actually -- the night shift, where they shut -- they shook everyone's door to make sure it was locked. I was there when we broke in -- when we got into somebody's door that was unlocked and found a burglar in there; incredibly exciting. But "The Quarter -Inch Divide, City of Miami Page 58 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 which was my paper, suggests that there is a divide. It's a quarter inch, but it could be 3,000 miles between that police officer and that community. And the only thing I've heard you say encouraging today -- that's not to say the only thing -- but the most encouraging thing I heard from you today is this concept of getting the cops out of their cars and on foot patrol, because so many things get corrected at that moment in time. Most of your cops, they're really nice guys. They're actually good people. ChiefLlanes: Yes, sir. Commissioner Sarnoff And the community interacts with them as opposed to, as you would say, a parking ticket, a speeding ticket, because that's -- most people's interaction is kind of a negative one, which is they're being cited for doing something. Brickell is a great place to start, Chief with two foot patrols so they can walk past each other on either side of the block. It doesn't have to be in the residential core; it could be in the commercial core, or as you see fit, but you're right. And I think Commissioner Hardemon also should welcome what he heard, which is let's try using that same concept in high -crime areas with low density. But I think the definition of "insanity" is to do the same thing and expect a different result, and I just don't want to hear that we're going to do the same thing, and I think you need the resources to do something different. And I don't think Dashboard, which was the Microsoft system, or IBM (International Business Machines) system of predictive police analysis, I think it's all good, makes headlines in the Miami Herald, but at the end of the day, you need a cop out there doing what a cop does to make us feel safe, and that is real economic development. Chief Banes: Commissioner, I agree with you. I think the more tools that we can give officers to help reduce crime, the better off we are, but it's still going to be a person -to -person contact, it's going to be officer -to -citizen. That's where the information gets generated; that's where we build better relationships; that's where the community realizes that officers are real people too, and they can interact in a way that's not confrontational. It's good for the community and it's also good for the officer to feel like he's in a area where people care about him or her, like we saw this morning. So I think all of those things are important to this industry going forward and this City going forward. Chair Gort: Thank you, Chief. Anything else? Thank you. Mr. Alfonso: Okay. DI.2 DISCUSSION ITEM 15-00495 City Commission STATUS REPORT ON TRI-RAIL. DISCUSSED Chair Gort: DI.2. Daniel J. Alfonso (City Manager): Commissioners, we sent you a memorandum talking about the -- where we are with the discussions on Tri-Rail at this point. Well, we have met a number of times. We have had some tough discussions at times. Our tempers have been tested It's been interesting. But I think we're very close. Right now we are approximately $4.3 million from closing the gap. We have a strategy for getting another $3 million. We're really down to 1.3 million. We have an option on the use of some funds. I think we're practically there. At this point, what we need to see is how successful we are going to the MPO (Metropolitan Planning Organization) and getting additional $3 million there or getting the support of the State for doing so. And if we can do that, then I think we're practically done. What I'm going to ask the next time we meet with all the groups is that, at least to the extent that we can start writing the agreements that need to be written, even if we don't have the number down yet per se, but we can certainly get our Law Department to work with the other folks, and they have been coming to our City of Miami Page 59 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 meetings, by the way, so it's not like we have excluded them; but to actually start putting the words together that will be making up the agreement so that when we get to the final number, we're there. That's where we are. I think that the Commission gave us 75 days to resolve the issue. We will -- I suspect we will, after May, know for sure where we are, because of the MPO meeting, and then we'll decide how we close this out. Chair Gort: Thank you. Questions? Commissioner Sarnoff Well -- do you mind? Chair Gort: Yes, sir. Commissioner Sarnoff Assuming you got the 3 million from an MPO, you'd still be 1.3 million short. Mr. Alfonso: That is correct. Commissioner Sarnoff What is your strategy to close that gap? Mr. Alfonso: Well, the $1.3 million, the -- one of the options that we have is -- there is a pot of nearly $1 million -- call it $950, 000, just to round the number, of DRI (Downtown Regional Impact), transportation impact fee money, basically, that is in the downtown area. That's a possible source. Another possible source would be, you know, at this point, we had talked about the Omni CRA (Community Redevelopment Agency). We put them down for number. That was -- I think the number we are assuming right now is $3 million. Is there a possibility that they can do more if we spread it out over a longer period of time? That's being discussed. We want to be conservative in those estimates, because we don't want to cause people to get too much concern. There is a question -- you know, right now we have the number for the Southeast Park West/Overtown at $17 million. If we get down to the very end and we have to close the number, is that a possibility of going up? That's something that can be considered. We continue to talk to the folks from All Aboard and talk about the construction cost of the facility. We had several meetings where, incrementally, we have been getting more information as to the estimate of the cost. The last bit of information that we received, we have now received a letter from our folks that do the estimates that says that, "Yes, the cost could be from 47 to $48 million." Of course that includes some contingency, so -- and I'm talking about the construction of the station itself. There's another 19 million -- or 20 million for down service (UNINTELLIGIBLE). In any case, you know, is there a possibility of getting them to contribute some of the money? And so this is a negotiation. This is where we are. There are some options; although, if you ask folks, nobody wants to give more, but that's the art of negotiation. Commissioner Suarez: Mr. Chair. Chair Gort: Yes. Vice Chair Hardemon: And I would say to the Board, if we came to a point where even the numbers that we have identified here and there was a $1.3 million gap, I think all of us can sleep well at night, because if this doesn't get done because of a $1.3 million gap for the entities that are involved, it's a shame on them and not on us. So I implore you to continue doing what you're doing, fighting for equity within this for the City of Miami, for its residents, for all of us who are putting our dollars forward to make this a reality. I think that we are far from where we started, and it's a testament to the will to improve upon the traffic conditions that are existing within the City of Miami. And we, I think, are putting in our entities that we're associated with the most skin in the game, and it shows that we're serious about tackling the issues that matter to our community: crime, transportation, poverty; those things. So thank you very much. City of Miami Page 60 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Suarez: Mr. Chair. Chair Gort: Let me -- yes, go ahead. Commissioner Suarez: When you finish, when you finish. Go ahead. Chair Gort: Let me ask a question. The hotel, shopping center that's going to be at the station, who's going to own it? Mr. Alfonso: The All Aboard Florida Group is going to develop four buildings in the station area that -- those are owned by All Aboard. Chair Gort: Because my understanding is the shopping center sort of a marketplace. Mr. Alfonso: I believe there's a hotel. I mean, there are representatives here. But there's a hotel, there's residential, there's retail, office space. Francois Illas: Francois Illas with Florida East Coast Industries, at 2855 LeJeune Road aria hopefully, soon to be in downtown. The construction itself is the platform, which is the first, second level and third level, which is the train. That includes the retail, 188,000 square feet of retail. Above that you're going to have the overbuilds, which is overbuild one is a 10-story tower, office tower; overbuild two and three are mixed use buildings; and then, subsequently, the super tower, which will be a mixed use tower. Chair Gort: No. The reason I ask the question is because I've been around in a lot of central stations, and there's a lot of people that come in there. That's what -- it's a great benefit of the owners of the properties, so -- Commissioner Suarez: Mr. Chair. Chair Gort: -- All Aboard is going to receive great benefits by bringing that Tri-Rail in there. You're going to bring people from all over the -- Palm Beach, Broward, and all that to stop there and shop and do several things. Mr. Illas: And, Commissioner, we don't deny that. That's why we've made the concessions we've made to try and bring this in. And as All Aboard Florida, we've mentioned from day one, we haven't charged for the land cost, we haven't -- we've done several things that have a monetary value to try and make this project work. Chair Gort: No, I understand. And let me tell you, I'm all aboard. And, you know, from the beginning when the first time they came to see me about a year ago, says I'm all for it. But also, you know, I like to split the fees a little bit. I mean, they're going to receiving a great benefit, so. Yes, sir. Commissioner Suarez: Thank you, Mr. Chair. First of all, I want to commend the Administration for working diligently. Clearly, you have been working diligently. In a very short period of time, you've gotten us very far, and I think that's significant. If the final number is somewhere in the million dollar range, I feel confident that -- like the Vice Chair said, that it can be resolved, you know. And I think, as the Vice Chair said, you know, I think we're all putting skin in the game. You know, I think the City's -- and I'll be honest with you. I have a little -- and we talked about it, you know, behind closed doors. Upping our PTP (People's Transportation Plan) money from five and a half to 7.6 to me gives me a little bit of heartburn, because we're talking about -- and, you know, the Commissioner who's not here's reso, and what we're going to be bringing in May 14 is an -- a comprehensive -- hopefully it'll be a comprehensive expansion of our trolley system, and that's going to cost money. And to dedicate City of Miami Page 61 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 two and a half million to two million, $2.1 million, $2.2 million -- Mr. Alfonso: Yeah, I apologize. Seven point one six. It's another 1.6 million. Commissioner Suarez: My apologies. Mr. Alfonso: You're right. Commissioner Suarez: One point -- Mr. Alfonso: My bad. Commissioner Suarez: -- a million and a half dollars of more PTP money, you know, that, for me, is something that I would like to avoid, if possible. You know, at the end of the day, I think we all agree that this is an enormous first step that this community has to take. We all have to take this step together, guys. That means you all and us, we have to take this step together, because what I've been selling to the public is this is not the solution, but this is the first step to the solution. And if we don't take that first step, if we never take that first step, we're never going to solve the problem. Commissioner Sarnoff This is -- I think what we're saying, it's more principal than it is product. Principally, we're saying, We're aware of the fact that we're building a city, but in that building of the city, there's a governmental entity that is not sharing in its burden; namely, the County." And while we like to -- years ago when I sat here, you know what we would say? I remember Johnny Winton saying this: We don't deal with" -- "we're not transportation. We don't deal with traffic; that's the County's job." And it was okay to say for a decade, but that decade is upon us, and I know we're on the MPO together. I know what you think of the MPO, and I'm suggesting you know what I think of the MPO -- Commissioner Suarez: Yep. Commissioner Sarnoff -- and we're still going today. Commissioner Suarez: Yep. Commissioner Sarnoff We're saying -- you know, there's an irony here, and I -- there's an irony because every one of these Commissioners up here have been fiscally responsible. There's an irony here because the Mayor has given us budgets that are fiscally responsible. We're here because we can be here and do this, and it's difficult because people are going to start approaching us more and more and more on issues that -- we're not like New York City; we don't jurisdictionally handle so many things. We handle a limited number of things. Because we've been fiscally responsible, people are coming to us and saying, if you want to improve transportation in the City of Miami, you've got to be part of the play" -- `you've got to play in the game." I don't dispute that, and I'm -- and on a one billion dollar project, which is what this will inevitably be -- Commissioner Suarez: Sure. Commissioner Sarnoff -- I don't believe people that make wrong decisions over $5 million will be long remembered. Commissioner Suarez: Absolutely. Mr. Chair, ifI can? Chair Gort: Yes, sir. City of Miami Page 62 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Suarez: I would say -- I would go even a step further than what Commissioner Sarnoff said. I think it's not only something that we can do; it's something that we must do. And the reason why -- and I'll tell you why. The reason why is because nobody wants to build anywhere but the City of Miami, for the most part. The density is coming to us, so inevitably, the congestion is going to be coming to us, and it's getting a point where -- somebody was telling me the other day -- or reminding me of something that I already know: Our residents don't care who solves the problem. All they care about is that the problem gets solved. And I think what's refreshing about my colleagues on this Commission and the time that I've spent here is that on issues that are as important as this, we've all worked together. Nobody's getting a hundred percent of what they want in this deal. There's nobody. I promise you that. But what frustrates me when I go to the other side over there, as you mentioned it, is that I feel that sometimes that doesn't happen, and we -- we're criticized. I've been criticized by the County Commission as recently as this week, because I wrote an article that said, "We needed to condense the size of the MPO," and I feel that for us to be coherent in our messaging to the Federal government, the State government, and all governments, we need to have a manageable board. And Jackson, as you know, Chairman Gort, is a prime example of that. Jackson was 20-something member board. It was dysfunctional. It was bankrupt. They went to a recovery board, consol -- and then they permit -- they made their recovery board permanent, because they realized how much more efficient it is to work with seven board members. I don't want to relitigate that issue here; it's not worth it. But I appreciate this Commission's unanimous support of that resolution more than you all will ever know. Chair Gort: Let me tell you, I think we all stated it; we want it, and we're going to work for it. But at the same time, it's like when you put a project for bid and you tell the people how much money you going to have for that bid, guess what? All the bids going to come up for the same number. What we did is that tell our Manager and our Administration, sit down with them and negotiate the best deal for everybody and for the City of Miami. So thank you for the job well done, and for all of you that's working together; that's what I takes. I mean, when you're in business, you sit down and you negotiate. And I can tell, I just came back from a trip and everybody wants to come to and invest in Miami. Miami is the place now. It's 12:04. Come back at 3? Commissioner Sarnoff I'll be at MPO with Commissioner Suarez. Chair Gort: Right. Give them hell. Commissioner Sarnoff Okay. DI.3 DISCUSSION ITEM 15-00401 Department of DISCUSSION REGARDING THE CITY'S RADIO SYSTEM. General Services Administration 15-00401 Summary Form.pdf 15-00401-Submittal-Ricardo Falero GSA Director -Radio System Replacement Presentation.pdf DISCUSSED Chair Gort: What time is it? Todd B. Hannon (City Clerk): Chair, it is 3:02. Chair Gort: Okay. Ladies and gentlemen, thank you for being here for this afternoon. We need two other Commissioners for a quorum. As soon as we get two other Commissioners, we'll get going. Thank you. This is a discussion item on the City Radio Program -- Radio System. City of Miami Page 63 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Ricardo Falero: Hi. Good afternoon, Commissioners. My name is Rick Falero, the director of General Service Administration. I'm here to present a brief presentation on the radio system replacement for the City of Miami. I'll start with the project in hand as Project 25. This is a new system that's being taken over throughout the whole United States, and I'll read from the slides. It's a suit of standards for digital radio communications. It is -- enables different agencies and mutual aid response teams to communicate in an emergency, and it's inter -operable. Why update? Our communications systems are becoming increasingly outdated. Parts and supports are being discontinued by the manufacturers. System is at the end of life. Extended warranties have approached their expiration dates, and technical support will not be available from the manufacturer. Communication system expiration date is -- MTC 3600. You can see on the slide the different dates that they have already expired. What that means is that the manufacturer is no longer making those parts. They're just -- we're just using from whatever is in stock and in inventories throughout the nation. They're no longer being done by the -- Motorola in this case. Current system poses increasing risk to first responders and to the public. As part and support diminishes, the system will be greater risk of catastrophic failures without having the parts and technical support available to repair it. Technology has changed significantly. The next one says current system has multiple failures. That was just last year. Those are instances that we have where we actually were unable to transmit and receive in different dates. We also had occurrences in 2013, and they will become more often. Project 25, or P25, as it's well note [sic], is now the de facto standard for public safety on radio systems. It must comply with P25 standards; must meet the needs of public safety and insurers; must inter -operate with other P25 equipment. The P25 benefits are effective, efficient, and reliable communications. Certain interface -- Vice Chair Hardemon: One moment, please. Chair Gort: Hold on a minute. Vice Chair Hardemon: Mr. Chairman -- Chair Gort: Yes, sir. Vice Chair Hardemon: -- ifI may? What other cities are using the P25 right now in relation to the City of Miami? Mr. Falero: Right now, Dade County already has implemented it. Half of their cities' already in P25; and there are other cities, but I don't have those cities right now, but they're -- little by little, there's more joining in. And I think Hialeah is in the process right now of going to P25 also. Vice Chair Hardemon: Do the costs differ for the size of the cities? Mr. Falero: Yes, it does, depending on how many radios you have involved and the amount of the infrastructure. Daniel J. Alfonso (City Manager): Yeah. I want to add, Commissioner, that any new radio system that any new government installs has to be P25 compatible. This is a Federal statute? Yeah, it's Federal statute. Chair Gort: It's standard requirement by the Federal government. Mr. Alfonso: Correct. Chair Gort: Okay. City of Miami Page 64 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Mr. Falero: Right. What does -- what this does is that in moments of emergencies, different agencies are now going to be able to talk to each other. Okay, open interface: increase inter -operability, nonproprietary mandatory features that permit use of equipment for multiple providers that must comply with P25 standards. Competitive bidding and user friendly: That's one thing I wanted to note. This system has to be able to -- you could use any manufacturer. It's not like now, which is proprietary to just one brand. When we go to P25, a lot of the systems can interchange. You can go to different radios or whatever you feel is more comfortable for you. So that's one of the big advantages that P25 will have. This is -- we have consultants that did two studies for us. This is some of their key findings: The current system is at end of life and does not meet current standards; the system should be replaced with a City -owned system; the stakeholders' concern with current systems is coverage and capacity, redundancy, lack of features, lack of parts, lack of remote monitoring and alarms, and failures. This is just what the infrastructure will -- that's needed: 800 milliwatts, the antenna system, system components, alarms and controls, dispatch, critical spares, test equipment, digital microwave network, and facility upgrades. This slide here has what -- the radios that we need I -- it's divided by Fire -- what we did was we did an analysis of what could be upgraded and which ones we would need to replace. So that gives you the total for Fire, Police, and local government. There are some things that have to be amended, especially in local government that -- some additions. As of now, we need about 1,942 new radios and about 1,050 upgrades. The new system is capable for accommodating additional radio assignments, thus allowing for future public safety expansion. The new system has additional sites which benefit high-rise communications. The approximate cost -- and this is the retail cost -- is about $30 million. And that ends the presentation. If you have any questions? Chair Gort: Thank you. Let me ask a question. My understanding is that Dade County has the system in place. Is any way that we can incorporate our system with them and save some of the funds? Mr. Alfonso: Commissioners, we have thought about that, and we are willing to talk to the County about it. But I want to let the chief Chief Kemp, talk a little bit about some of the issues that they have faced and some of the challenges, and we want to make sure that we don't get into the same problem. Chief Maurice Kemp: Maurice Kemp, Fire Chief. As you mentioned, the County has recently purchased the new system, and we are in conversation with them to see if there's any benefit to the economies of scale, but there also are some drawbacks. We have some frequencies that we've been grandfathered into, because ours is one of the first 800 megahertz system in -- maybe in the nation, but definitely in the area, so we have the kind of coverage that nobody else has. We have the type of in -building penetration, which is important for the Fire Department, that nobody else has. So we would be concerned if we leveraged that economies of scale with the County, that we not lose those frequencies. And another fact is that in the County, County Fire is not on the same radio system as the rest of the County. So we would need to know why is it that their system is not being used by their Fire Department; their new system is not being used by their Fire Department. Those are just some of the concerns, but they don't preclude us from talking to the County to see if there's any benefit to it. Mr. Alfonso: Yeah. Chair Gort: Thank you, Chief. My understanding also, I was told Miami Beach is interested in going to the same system. Mr. Alfonso: Correct. Miami Beach is looking to replace their radio system, as well, and I think we have some people over there that we know, so we will certainly reach out to them, as well. I think the Chief knows some people over there in the Fire Department. City of Miami Page 65 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Deputy Chief Kemp: Yes. As was indicated, Miami Beach, Hialeah -- Miami -Dade County is ahead of all of us because they just did it -- but Miami Beach and Hialeah are also looking for new systems. Mr. Alfonso: One of the things that I wanted to point out is that this issue of the frequency, it may seem crazy technical, but basically, what it amounts to is that our frequency is grandfathered in, and we don't have to stop the power of our transmitter. You know, radio stations can only transmit certain power so that they don't interfere with adjacent stations. The frequencies that we have are grandfathered in so that we can pump as much power as we want and go as far out as we want. That allows us to penetrate through and into buildings; and if our guys who live outside the County border, let's just say, have a handheld radio, they'll know when we call them, because we can communicate probably all the way to, what, Palm Beach County? Deputy Chief Kemp: Yes, sir. Mr. Alfonso: Yeah. Mr. Falero: That's correct. Chair Gort: Sounds good. So the Administration is working to -- coming up with the solution for this. Mr. Alfonso: That is correct, Mr. Chairman. And we wanted to bring it to the attention of the Commission, because it is a big -ticket item. Chair Gort: Right. Mr. Alfonso: And it is something that we will be coming to the Commission at some point with a request to go out for an RFP (Request for Proposals) to get the competition that is needed, and we'll make a recommendation as to what we feel is the best way to go with it. Vice Chair Hardemon: So how much -- Chair Gort: Yes, sir. Vice Chair Hardemon: -- competition is there for these types of systems? Mr. Alfonso: There's really two large players, and that is Motorola and Harris Corp. Mr. Falero: That's correct. Mr. Alfonso: I don't know if you know of any others, but that's -- those are the two large ones. Harris Corp. has a lot of these type of radio systems. They're a large defense contractor, so they do a lot of military radios, as well. And Motorola, we all know, is a large player. Vice Chair Hardemon: With the County, did both entities actually bid? Did they compete? Mr. Alfonso: Yes. And in Hialeah also, both of those entities bid on that contract, as well. Yeah, these are the two major players. We have been approached by Motorola, which is our current provider, and we've also been approached by Harris. Both of them are interested. We've mentioned that we're going to have an industry day so that they can come in and we can talk about some of the system requirements, et cetera, in preparation for an RFP. Chair Gort: Okay. Any other questions? Thank you, Chief. Thank you, Mr. Manager. City of Miami Page 66 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Gort: We can't start PZ (Planning & Zoning) until we get another Commissioner. Mr. Manager, do you have anything else? Daniel J. Alfonso (City Manager): We have no further discussion items. District 4 deferred his. Chair Gort: Right. Victoria Mendez (City Attorney): I could read my PZ procedures. Chair Gort: Let's go through there. Ms. Mendez: Okay. We will now begin with our Planning & Zoning items. PZ 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 the City staff and City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications, pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the 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 City Commission. If the applicant agrees with the staff recommendation and no one from the audience wishes to speak for or against, 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 section -- City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, may I please have you stand and raise your right hand. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Gort: All right, my understanding is Commissioner Carollo is not in at this time. The MPO meeting finished in the Miami -Dade County, so the other two Commissioners should be here, hopefully, within the next 15 to 20 minutes, so we're going to postpone until about 4 o'clock. PZ.1 ORDINANCE First Reading 14-00729Iu 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, FLORI DA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE City of Miami Page 67 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 2900 SOUTH MIAMI AVENUE AND 2890, 2900, 2920, 2940, AND 2960 SOUTH FEDERAL HIGHWAY, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL," TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-007291u FR Fact Sheet.pdf 14-00729Iu Analysis, Maps & PZAB Reso.pdf 14-007291u Application & Supporting Docs.pdf 14-007291u Legislation (v3).pdf 14-007291u Exhibit.pdf LOCATION: Approximately 2900 S Miami Avenue and 2890, 2900, 2920, 2940 and 2960 S Federal Highway [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Jorge L. Navarro, Esquire, on behalf of Southeastern Investment Group Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 14-00729zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial by a vote of 11-0. See companion File ID 14-00729zc. PURPOSE: This will change the land use designation of the above properties from "Single -Family Residential" to "Low Density Multifamily Residential". Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, 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.1 was continued to the May 28, 2015, Planning and Zoning Commission Meeting. A motion was made by Commissioner Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, with Commissioner Carollo absent, directing the City Manager to remand item PZ 1 back to the Planning, Zoning and Appeals Board (PZAB) meeting scheduled for May 6, 2015. Chair Gort: Okay, PZ.1 and PZ 2. Commissioner Suarez: Guys, let's go, let's go, let's go. Francisco Garcia (Director, Office of Planning): Mr. Chair, I note that the -- oh, I'm sorry. The district Commissioner is back at the dais for PZ's (Planning & Zoning) 1 and 2. Commissioner Suarez: Thank you. Mr. Garcia: Items PZ.1 and PZ.2 are companion items before you today on first reading. These are a land use and rezoning proposals for parcels at 2900 South Miami Avenue, 2890, 2900, City of Miami Page 68 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 2920, and 2940 and 2960 South Federal Highway. The proposed change is from the existing land use designation ofsingle-family residential to a low density multi family residential. And in terms of zoning, the proposed change is from T3-R with an NCD overlay, Neighborhood Conservation District 3 overlay to T4-R with an NCD-3 overlay. The Neighborhood Conservation District overlay stays. The recommendation for the Planning & Zoning & Appeals Board on this item is for denial, was for denial on both items by a vote of 11 to zero. And whereas the Planning & Zoning Department had originally recommended for denial, we would relate to you that we are very encouraged by the significant changes that have been made by the applicants, which we believe have resulted in a project -- which is proffered as part of the covenant -- that is certainly worthy of your consideration. I will also offer to you that we have attended some public meetings with residents involved, and that at present, there are mixed feelings about the project. Some are clearly opposed to it and some are very much in favor of it. And where that leaves me, at least in terms of our recommendation for your consideration, Commissioners, is I think there is significant benefit from considering a referral of this particular matter to the Planning, Zoning & Appeals Board for a rehearing, and I say this for the following reason: Your Planning & Zoning Department originally recommended for denial. When that recommendation for denial was set forth, there was an entirely different development proposal for this parcel. That development proposal has significantly changed, I am going to say now, and hopefully will continue to improve upon it, that the new proposal is significantly superior to the first one and does a number of very positive things for the immediate area where it is supposed to be located. But in order to build a better record for this item, and in order to receive the benefit of the Planning, Zoning & Appeals Board reconsideration, it may be worth considering to refer the item back to the PZAB (Planning, Zoning & Appeals Board). That said, we're ready to proceed and I'm happy to answer any questions you may have. Commissioner Sarnoff Do you support this project presently, as it is now? Mr. Garcia: The project that's presented right now is, I think, very much worth considering, and we think it is the best proposal for the area. I'll say in addition to that to substantiate my response so as not to be ambiguous, because I know some of you are very concerned about it, that although the proposal that is presented presently as part of the covenant requires a T 4-R zoning, it does not avail itself of all the density or all the intensity available under T4-R and handles, especially traffic flows and parking issues, in a very favorable manner; very likely superior to that which would result from strict compliance with T3-R, which is the present zoning designation. In addition to that, it provides for additional buffering space, landscaping, and certainly further set apart than the present zoning designation would require. And in terms of height, it's very much compatible with the heights prevalent in the area, with the addition that some open space is provided on both ends of the project. It is a very sophisticated, very successful proposal, very much worthy of your consideration. Commissioner Sarnoff So if that's the case, couldn't you just refer this -- could we refer this back down to Planning, Zoning & Appeals, to see what they think of it, and then bring -- and if need be, bring it right back? Mr. Garcia: I believe it merits their consideration, precisely because the change has been so drastic from what they saw originally to what they are proposing now. Commissioner Sarnoff I'm going to make a motion then. Commissioner Suarez: Second; discussion. Chair Gort: You made the motion? Commissioner Sarnoff I did. I made the motion to -- City of Miami Page 69 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Chair Gort: Second; discussion. Commissioner Sarnoff -- refer it back. Commissioner Suarez: Mr. Chair, thank you. First, I just want to make two Jennings disclosures. One: That I spoke with Ms. Grace Solares approximately about a month ago about this project and got her perspective on it. I've also spoken with the developer who is proposing to develop this project about a week ago, and they gave me their perspective on the project. And I -- those are two, you know, communications that would otherwise be ex parte had they not just been disclosed, so I wanted to disclose that for the record. I do think that remanding it back to the Planning & Zoning Board for their reconsideration is intelligent, and I think it also gives the neighbors who may not have seen the latest version of the project an opportunity to have another, you know, public meeting about the project and the changes that it has undergone. That's it. Thank you. Chair Gort: Thank you. Grace Solares: May I say one word? Chair Gort: Yes, ma'am. Ms. Solares: Grace Solares, the Roads Association. This matter is not before you for the project. This matter is before you for a change in zoning from T3 to T4 to multi family residential. The change, the zoning analysis change from the City gives you a slew of items here as to why the change in zoning should not occur, irrespective of the project. So we are here for a zoning change; not the project, itself. That is the application that was filed, and it is the analysis that was done. So all these things, the fact that the -- it's a Neighborhood Conservation District that is close to an archeological -- whatever -- that is -- those things have not changed. Those things will not change, because those goes with the land; that's exactly what exists. So taking it back now because there is another plan, they're going to need the zoning change, regardless. We, the neighbors, have said build the nine homes that you want to build and that you can build -- Commissioner Suarez: Eleven. Ms. Solares: -- on the seven -- Commissioner Suarez: Eleven, they can build 11. Ms. Solares: Well, nine it says here. Commissioner Suarez: I think -- I thought it was 11. Am I mistaken on the number? Ms. Solares: Mine says in your (UNINTELLIGIBLE), nine single-family homes. And what they have? Lucia Dougherty: It is 11. Commissioner Suarez: It's 11, correct? Ms. Solares: I said build them. Commissioner Suarez: Eleven; they can build 11. Ms. Solares: Well, you know I'd rather need it -- City of Miami Page 70 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Chair Gort: Let her finish, please. Let's go. Ms. Solares: Okay, build your single-family homes. We have no objection to you doing the single-family home. It's bringing the factor of T4 into a single-family home with all the things that this land actually carries with it. So I don't know what's going to happen. They're going to bring a new project, but the new project is going to carry the same requirement for a zoning change, and all of these people that are here today that have come today to tell you that they oppose the project. And actually, what Mr. Garcia said, there were divided opinions the day that they had the last meeting; it was, yes. There were people divided. When I asked where they lived, they lived in the Grove. So they're actually getting people from other sides, not from our area, to bring and give a positive opinion about the project. Actually, I got called from the secretary of the Roads Association on 19th Road and 1st Avenue that they went there, looking for their approval. They're going all over the place; not to the area. The people in the area are opposed to a zoning change. They want to build single-family homes, welcome. Thank you. Chair Gort: Thank you, ma'am. Let me ask a question. To change the zoning, can you put conditions which can only be used a certain way? Because a lot of the -- I heard from one of the neighbors, and they believe that it's a change of zoning that can go to the top building of 18 floors and so on. Mr. Garcia: Correct. And so technically, the answer to your question is "no," because we cannot impose conditions on a zoning change, and I want to put a full stop there. But, certainly, the applicant can proffer limitations, self-imposed limitations, so to speak, to better adapt the proposal to the context of the project. And in this case, what I presented to you is that the covenant that has been proffered, so those limitations that the applicant has imposed on themselves, would result in a project, as proposed, that would be contextual and would be harmonious with the area around it. That is our opinion, sir. Chair Gort: Thank you. Commissioner Suarez: Mr. Chair, ifI may -- Chair Gort: Yes, sir. Commissioner Suarez: -- just ask Mr. Garcia a couple questions. Is it possible that a project that is done under a T4 could actually be shorter than a project that is done under a T3? Mr. Garcia: Is it possible? Yes. One could -- I think -- to give you a specific example -- one could, in principle, under T3 build a two-story building and (UNINTELLIGIBLE) T4 simply propose to build a one-story building; that is entirely possible. Commissioner Suarez: Is it possible for a project that is T4 to have a larger setback than a project that is T3? Mr. Garcia: That is certainly possible, and, in fact, as pertains to this case, they are proposing a wider setback than otherwise required by T3, yes, sir. Commissioner Suarez: I know that. I'm asking a question I know the answer to, but what I'm trying to get at is it is possible for there to be a project under a T4 that is more beneficial to the neighborhood than a project under T3; is that not the case? Mr. Garcia: I believe that is the case; yes, sir. Commissioner Suarez: And so, you know, I -- you just had -- you just saw the prior neighborhood activist here come -- or neighborhood associations come and ask for a deferral. City of Miami Page 71 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 What we're doing here or what we're suggesting to do is to refer back for further examination. We're not passing it. We're referring it back so that the Planning & Zoning Board can re-examine it. The residents can come and give their perspective, see the project, vet the project. If they don't think it's good, then they can oppose it. Or if they don't think it's better than what they can get had they opposed it, they can oppose it; otherwise, you know, then it comes back to us and we go through the process. I mean, I don't -- I'm a little confused. Ms. Solares: Mr. Chair -- Chair Gort: Okay, yes. Ms. Solares: -- allow me just one second because these are -- you talk about the man's castle, a man's home is his castle a little while ago. Well, this woman's home is her castle, and I'm fighting for it right now, and so are all these people in here. I want to read you just a little -- just one sentence of Ms. Dougherty's letter. We're terribly scared of the change in zoning, and I don't care about covenants. We don't care about covenants, because eight months ago, I was here asking you not to do away with a covenant from the Urbana (phonetic) Hotel, and you did it. And now they're going to be able to build another hotel in the back, in the surface parking lot. But be that as it may, in the letter of referral of the application, Ms. Dougherty said to the Planning Department, "The applicant now proposes and hereby submits the enclosed application for approval of a zoning change for the property from TR" -- `from T3-R to T4-R pursuant to the successional zoning requirements of Article VII of Miami 21." And this is important what she says -- "comma" -- "however without waiving any rights to the most appropriate designation of the site being T4," which means, in her opinion, the proper designation may not be T4; it may be T5. And once they get T4, they wait 18 months, and they come back before this board and ask for a T5. That can be done; it can be done, so I just want to take you -- for you to take those things into consideration. What we don't want is a zoning change. You want to refer it to the PZAB? Go ahead, but be aware, sir, and all of you here, please. You, Mr. Sarnoff, who happens to be the Commissioner of the area, we are totally opposed to the change in zoning. The people from Cliff Hammocks, which are the people who live on the extension ofBrickell that everything there is single, they're here today. They don't want the change in that area. It will set a horrendous precedent to the primarily single-family residential abutting ours. Thank you so much. Chair Gort: Thank you, ma'am. Commissioner Suarez: Mr. -- Ms. Dougherty: Mr. Chairman. Chair Gort: Yes. Ms. Dougherty: May I have a word? Yes, sir. Chair Gort: Yes, ma'am. Commissioner Suarez: Mr. Chair, ifI may, just before -- Chair Gort: Go ahead. Commissioner Suarez: -- I just want to speak to some of the issues. I understand Ms. Solares' concern, and I -- it's -- maybe I'm looking at it from a slightly different perspective in the sense that she's kind of looking at the worst case scenario, and I understand why she's looking at the worst case scenario. I'm suggesting that there's a possibility that there's actually a better scenario than the scenario that she would currently have, and I think that's the part that I'm City of Miami Page 72 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 struggling with. I have a hard time -- and I used to live in that area, about a block away, as you know -- so I have a hard time, for the neighbors' sake, approving a project that's worse for the neighbors under the current zoning, because what you can build there currently, as of right, is 11 -- am I right in saying 11 single-family units? Ms. Dougherty: Yes. Mr. Garcia: I have not done the calculations, so I can't vouch for that. Ms. Dougherty: It's 1.3 acres at nine acres -- nine units per acre. Commissioner Suarez: Eleven, 11 units. Mr. Garcia: Sir, I'm sorry, I'm going to challenge that, just because re platting has certain standards, and they would have to comply those, as well. Commissioner Suarez: Understood, understood, understood. Mr. Garcia: The density -- Ms. Dougherty is correct in pointing out that the density for the area is nine units per acre at present. Commissioner Suarez: So potentially up to 11; how about that? Mr. Garcia: Potentially up to 11 is fair. Commissioner Suarez: Okay, which means, coming down USl, that would mean 11 cars entering and exiting USI versus one entrance and exit, which creates, in my opinion, a very dangerous condition. Then you have a situation where, under T3, you can build a taller building potentially than what they are proposing, with less setbacks, which is worse for the neighborhood. That's the part that I'm struggling with. While I understand Ms. Solares' concern that, you know, a covenant can be lifted, zoning can also be changed and that's -- those are all things that can be changed, that can be, you know. And there's examples of people that are doing irresponsible things, and certainly, if someone does something irresponsible, or incorrect, from a Commissioner's perspective, then, you know, then that's why I understand that there is a situation where people are upset about that. But I have a hard time -- and I would love to hear what the Planning director says, and what the Planning & Zoning Board ends up saying -- but I have a hard time approving a project that could be worse for the neighbors; that's my struggle. Commissioner Sarnoff So -- Commissioner Suarez: And I'm not the district Commissioner. Chair Gort: Okay. Commissioner Sarnoff I'm going to make a motion, Mr. Chair, that PZ -- I guess it's 1 and 2 -- be referred to the May 6 PZAB Board agenda. That's my motion. Commissioner Suarez: Second. Chair Gort: Is -- there's a new motion. Is a second? Commissioner Suarez: Yeah, that's fine. Chair Gort: Okay. Next. Yes, sir. City of Miami Page 73 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 James Marks: Thank you. Chair Gort: You're going to speak against the -- Mr. Marks: No. Thank you very much. I wanted to -- my name is James Marks. I'm at 2850 Brickell Avenue, and I'm the president of the homeowners association for the Cliff Hammocks, which essentially runs from 2600 to 3200 Brickell Avenue. And just in furtherance of Ms. Solares' comments, I just really wanted to make two very brief points, and I appreciate your time. The two points were that I was at that Planning & Zoning hearing, and respectfully, the way I interpreted their decision was not really project -dependent, but that they decided that nine per acre -- and I guess 1.3 acres makes it 11 -- was probably already about the limit or too many, but that's -- that was their -- seemed to be the overriding impression. And then the other point that -- respectfully to the Manager's comments -- even though I was not at that second hearing with the neighbors, I will tell you that I had heard that the -- all of the neighbors that we know were still very strongly against, in opposition to any kind of expansion in that corridor where there's essentially no building. So you'd basically have a home, home, and then all of a sudden, you'd have a building. It would be a major change, and that the point is that those who expressed some favor of that were -- maybe they were neighbors, but neighbors pretty far away, from what I understand. So I just wanted you to keep those two things, and just the point was that Grace had mentioned that, in fact, yeah, that the individuals on our street are pretty much all in opposition. I brought seven, if anyone wants to take notice of it, seven letters, and Grace has many others. And I would just ask one more thing, is for all those who came in opposition, if you could just stand, just to express yourselves. That's it. And thank you very much -- Chair Gort: Thank you. Mr. Marks: -- for your time. Ms. Dougherty: Mr. Chair, thank you -- Chair Gort: Yes, ma'am. Ms. Dougherty: -- for allowing me to speak. Lucia Dougherty, with offices at 333 Avenue of the Americas. We are very proud of the work that we've done with the Planning Department to secure their recommendation today. The architect has worked hours, and so has the client, worked hours to get their recommendation and take into consideration all of the comments we've heard from all of the neighbors to get to this project. Now, Grace says, "Oh, well, you can't have a project -specific zoning classification," but, yes, you can. Under Miami 21, they allow you to have covenants; 11000 didn't. Well, Miami 21 allows you to look at covenants and do it at a project -specific basis; not just based on zoning. And I want to -- and I've heard Grace mention my letter. I want you to know that I dedact it. We have a covenant that says we will build this project in two years and if -- and get a permit in two years, and if we don't get a permit in two years, you can revert it back to single family, and that's our proffer to the City. And I know that I'm taking time in doing a case, but just wanted to put that on the record, because she's said it twice now, and I hereby retract that statement. Chair Gort: Thank you. Commissioner Sarnoff So call the question. Chair Gort: All in favor, state it by saying "aye.' The Commission (Collectively): Aye. Commissioner Sarnoff I also make a second motion that PZ.1 and PZ.2 be brought back to the City of Miami Page 74 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 PZ.2 14-00729zc City of Miami Commission on May 28. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Suarez: It's corning back quick. It'll be back in a month. ORDINANCE 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 T3-R "SUB -URBAN TRANSECT ZONE- RESTRICTED" WITH AN NCD-3 "COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT" OVERLAY TO T4-R "GENERAL URBAN TRANSECT ZONE -RESTRICTED" WITH AN NCD-3 "COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT" OVERLAY, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2900 SOUTH MIAMI AVENUE, AND 2890, 2900, 2920, 2940, AND 2960 SOUTH FEDERAL HIGHWAY, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00729zc Fact Sheet.pdf 14-00729zc Analysis, Maps & PZAB reso.pdf 14-00727zc Application & Supporting Docs.pdf 14-00729zc Legislation (v3).pdf 14-00729zc Exhibit.pdf LOCATION: Approximately 2900 South Miami Avenue and 2890, 2900, 2920, 2940 and 2960 S Federal Highway [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Jorge L. Navarro, Esquire, on behalf of Southeastern Investment Group Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 14-007291u. PLANNING, ZONING AND APPEALS BOARD: Recommended denial by a vote of 11-0. See companion File ID 14-007291u. PURPOSE: This will change the zoning classification for the above properties from "T3-R" with an "NCD-3" overlay to "T4-R" with an "NCD-3" overlay. Item includes a covenant. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. City of Miami Page 75 Printed on 5/26,2015 City Commission Meeting Minutes April 23, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Note for the Record: Please see item PZ.1 for additional minutes pertaining to item PZ.2 Note for the Record: Item PZ.2 was continued to the May 28, 2015, Planning and Zoning Commission Meeting. A motion was made by Commissioner Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, with Commissioner Carollo absent, directing the City Manager to remand item PZ.2 back to the Planning, Zoning and Appeals Board (PZAB) meeting scheduled for May 6, 2015. PZ.3 ORDINANCE First Reading 14-00727Iu 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, FLORI DA 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. 14-007271u SR Fact Sheet.pdf 14-007271u 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 FI NDI NG(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 Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. City of Miami Page 76 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Francisco Garcia: Good afternoon, Mr. Chair, Commissioners. For the record, Francisco Garcia, Planning and Zoning director. Items PZ.3 and PZ.4 are companion items. I will remind you that they are before you once again on first reading as in the previous Commission meeting. They started to be heard on first reading, but this is also a first reading item before you today. This is for the land use change of a parcel at 5907 Northeast 5th Avenue, and the proposed rezoning for the parcels at 5900 Biscayne Boulevard and 5900 -- rather, 5907 Northeast 5th Avenue. And again, PZ.3 and 4 are companion items. The request is to change the zoning designation to T4-O for both parcels. At present, the parcel fronting Biscayne Boulevard, which happens to be also in the MiMo (Miami Modern) Historic District, is zoned T5-L; and at present, the parcel fronting the residential street -- so the one to the west -- is within the Palm Grove Historic Neighborhood. Although the request again is to rezone both to T4-O, our recommendation is that the zoning on the parcel within MiMo fronting Biscayne Boulevard remain at T5-L, and that the rezoning requested for the parcel fronting west, or within the Palm Grove Neighborhood be changed to T4-O. I have to mention that a covenant has been proffered by the applicant. The covenant is very detailed, and it actually proposes a specific project. I believe the architect for the project has given you copies as we speak, and they're also in the backup to the application, and we have reviewed the proposal. We have attended a number of public meetings where this proposal has been discussed; and the proposal as being presented to you would be allowable should the rezoning proposed be approved, and that rezoning, I will remind you again, is T5-L on the Biscayne Boulevard side, and T4-O on the Palm Grove side. I would characterize the last set of public meetings that we had as representing perhaps a divided majority of support from the Palm Grove Neighborhood Association, and certainly, the MiMo Association has endorsed the proposal and is dominantly in favor of it. That by way of brief summary, I'm certain the applicants can improve upon that. But I would like to then, with your permission, to get back to the issue that was left perhaps not completely addressed at the last hearing, which was that of spot zoning. The reason the issue of spot zoning was brought up, in particular, is that in our analysis, the Planning & Zoning Department, in our recommendation to deny the rezoning along Biscayne Boulevard and to change it from T5-L to T4-O made perhaps a careless reference to spot zoning as a reason why that should not be done, and I attempted to correct it at the record. It was deemed by the Commission that additional information would be advisable, and we have provided that additional information by way of what I'm calling a "white paper" or memorandum that we delivered to each of your offices first thing yesterday, and we have copies here available as well, should you want them. But I would like to briefly cover with you what we've listed in the most salient part of this memorandum as the five criteria that can generally be used to determine whether or not spot zoning has occurred. I'd like to read them briefly into the record, and then I'm certainly happy to make myself available to answer questions. The five criteria that we've listed are as follows: One, the size of the parcel, subject to rezoning; two, the zoning prior to as well as after the local government's decision; three, the existing zoning and use of the adjacent properties; four, the benefits and detriments to the land owner, neighboring property owners, and the community resulting from the rezoning; and five, and perhaps most important, the relationship between the zoning change and the City's stated land use policies and objectives and provisions of Miami 21, the zoning ordinance, i.e., is the change harmonious and compatible with the surrounding area, and that the application of a particular zoning designation is not arbitrary and capricious? And so I would like to close by reasserting our position that the project, if built as proposed, according to the zoning changes requested and pursuant to the covenant that has been proffered by the applicant, would most definitely result in a harmonious, compatible, and contextual development of a site, vis-a-vis, its surrounding parcels of land. And most importantly, it will allow the property owners to develop underground parking; it will produce one seamless building that will respect the height limitations of the MiMo Historic District, which are 35 feet, and also have residential units fronting the Palm Grove neighborhood, which is certainly highly desirable given the established residential character of Palm Grove, and also very importantly, it will allow for access to the site to be provided through the commercial corridor as opposed to the residential area, thus avoiding City of Miami Page 77 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 traffic intrusion. For those reasons and more that have been set forth on the record previously, we are recommending your approval today. I'm happy to answer any questions. Chair Gort: Thank you. Vice Chair Hardemon: Mr. Chairman. Chair Gort: You're recognized. Vice Chair Hardemon: Thank you very much. You listed five factors that we should consider, generally, in reviewing the action that constitutes spot zoning, and you cited those five, so there's no need for me to repeat them. But in the very next paragraph, one of the things that you say is that the relationship of the zoning -- rezoning decision as to the City's land use policy and development objectives is perhaps the most important one. Mr. Garcia: Yes, sir. Vice Chair Hardemon: So to me, you're assigning some weight to number five. Well, I'm sorry. Mr. Garcia: That is correct. Vice Chair Hardemon: Number five. And so my question becomes, does the law give us the authority to assign weight to each one of those factors, or are they to be individually weighed the same? And then one -- if three are in the favor of the rezoning and two are not, is it that -- is that when you rezone? Mr. Garcia: Thank you very much for that question, because I think it helps clar a couple of issues, and I'm going to yield also to Mr. Min, Deputy City Attorney, to clam further if, as needed, as I acknowledge that this is also very much a legal issue. Let me take the opportunity to then explain why it is that I assigned special weight to category number five. Category one pertaining to the size of the parcel is not definitive. It could be a small parcel that is zoned in a different fashion that, in and of itself would not constitute spot zoning. In fact, admittedly, in this particular case, the parcel to be zoned T4-O is comparatively small, vis-a-vis, the size of the zoning districts surrounding it, both the T5-L and the T3-O. The second one, the zoning prior to as well as after the local government's decision, is also folded into the fifth criterion in part, but we certainly have to proffer to you, have to provide you with a substantiation for the proper transition between one zoning designation, the present zoning designation, and the next one that is being proposed. And here, of course, as we've presented, this is an allowable and available and a sequential zoning change. It goes from one transect to the next available transect, so it meets that standard. That's certainly important as well, but in and of itself, it would not qualift as spot zoning. There would be other legal theories that it would run afoul of mostly due to process, but not spot zoning necessarily. Number three, the existing zoning and the use of the adjacent properties, that also informs number five, but in and of itself it can be somewhat disparate, but perhaps, not necessarily constitute spot zoning. Number four, the benefits and detriments of the land owner, neighboring property owners and the community resulting from the rezoning. These are general adverse impact considerations that we have folded into our analysis, but again, it wouldn't point directly to spot zoning. You would know if it's spot zoning when maybe a number of those are lumped together with five, which is again, I would characterize as the essential criterion, which has to do with the application of a zoning designation that would allow for a development that is not harmonious, not compatible, not contextual, and therefore arbitrary and capricious in nature, vis-a-vis, the surrounding character of the area. Chair Gort: Thank you. Any other questions? City of Miami Page 78 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Vice Chair Hardemon: Mr. City Attorney, you want to chime in or --? Barnaby Min (Deputy City Attorney): Yes. Commissioner, I would just add in direct response to your question, there is no 3 to 2 analysis or 1 to 5 analyses. There's no one factor that should be considered greater than the other. It's -- the Commission is to consider all factors and any other factors that the Commission may think is appropriate in determining whether or not the rezoning is appropriate. Again, I'll read the definition of spot zoning as defined by the courts. "Spot zoning is a name given to the piecemeal rezoning of small parcels of land to a greater density, leading to disharmony with the surrounding area. Spot zoning is usually thought of as giving preferential treatment to one parcel at the expense of the zoning scheme as a whole." So again, there's different factors that this Commission and any court should look at in determining whether the rezoning of a particular parcel is not in harmony with the surrounding areas . Chair Gort: Thank you. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: If I may, there -- when we last talked about this issue, the big issue was, of course, spot zoning, and so I appreciate the fact that you presented this white paper to talk about that issue in relation to -- it would have been on PZ. 4; well, what is today PZ.4. So can you please today present what it is that you found? Because as I understood, you were to go back and reconsider the wording in which it was put on to the analysis from your office. So now that we have that analysis -- I know you talk -- you touched a little bit before, but what changed from the last hearing till today? Mr. Garcia: Thank you, sir. I would like to, as I stated previously and also at the last meeting, to characterize the inclusion of that term in reference to the zoning change affecting the property at 5900 Biscayne Boulevard as again unfortunate, and so in an effort to correct the record, the reason why the change in zoning of 5900 Biscayne Boulevard from what it is today, T5-L, to T4-O, or for it to remain T4-O, would not be spot zoning, although it is not a recommendation that that zoning change takes place; it would still not be spot zoning, because it is transitional in nature, and although it would result in a somewhat lessened character of development for the subject parcel, it would not be certainly detrimental. It would not certainly be disharmonious or create any adverse impact to the properties next to them. So I say again, to be abundantly clear, the choice of the words pot zoning'fn that context was unfortunate, and we would like to retract that. Nevertheless, our recommendation continues to be that the parcel with address 5900 Biscayne Boulevard retain its present zoning, which is T5-L, and not be changed to T4-O. Vice Chair Hardemon: Thank you. Mr. Chairman, I know we heard considerable testimony from neighbors, those who were in favor, and those who were against, and at this time, what I ask is that we receive no more testimony from the neighbors, because they made their points very clear, but that become back and discuss the law. And so I believe that the law now has been clarified on the record, at least by the -- our Planning Department, and so at this point, what I'd like is to give the appellant an opportunity to discuss what the law is, and then I'll allow rebuttal by Mr. Cruz, if that's -- through the Chair. Ben Fernandez: Thank you, Commissioner, Mr. Chair, members of the board. I would concur with your Assistant City Attorney, Mr. Min. The seminal case here is Bird Kendall Home owners Association versus Metropolitan Dade County, 695 Southern Second 908. The four factors to be considered are: the size of the parcel, the compatibility with the surrounding area, the benefit to the owner, and the detriment to the immediate neighborhood. But one thing is -- I want to make clear from the beginning is that the concept of this being a potential island of zoning is -- it really entirely a mischaracterization. It may appear that way on a map if you say there is no T4 City of Miami Page 79 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 immediately adjacent to the site. But if you consider -- thank you -- the fact that to the south of the property, you have a T5-O zoning designation that allows open commercial uses that extends further west than the actual property that we are requesting to be rezoned to T4-O. The difference between T4-O and T5 is basically, the T5 is more intense. So we actually have a more intense commercial zoning district that extends further west than -- and is technically abutting this property, because under Miami 21, parcels that are immediately across the street are considered to be abutting. So you have an abutting parcel that has a commercial zoning suffix, an 0,'that extends further west than the parcel that we're asking to be rezoned to T4-O. That's -- before you didn't get into considerations of our covenant that tempers the entire application, controls it, requires underground parking, et cetera. So I would submit to you that when you consider that you have a more intense zoning district to the south and that that zoning district is in the MiMo district, so it's T5, but it is limited to 35 feet, which makes it practically identical to a T4-O zoning designation for the subject property. There really is no T5-O in MiMo, because you can only develop under -- up to 35 feet. I think when you look at it holistically that way and you take into account the objectives and the goals of your comprehensive plan that require that you create transitions wherever possible, as your Planning Director indicated, I think that clearly, this is not spot zoning, and I think that also the town of Juno Beach versus McCleod at 832 Southern Second 864, also supports the proposition that this needs to be looked at holistically in relation to the comprehensive plan and not just taking a snapshot view of a zoning map. Vice Chair Hardemon: And just to be clear for the record, the property -- or the parcel of land that's C3-L that you're seeking to change the zoning on, what will be on that site? Mr. Fernandez: On that site, you would have underground parking, you would have two -- you would have residential units as a transition into the neighborhood, and you would have some accessory office space related to the furniture showroom. That's it. We can walk you through it on the plan, if you'd like to see it, Commissioner. Vice Chair Hardemon: Thank you for now. Chair Gort: Yes. Vice Chair Hardemon: Mr. Cruz. Chair Gort: Yes. Vice Chair Hardemon: Mr. Cruz. You -- over to this side, please. This side would be -- that's why we tried to bring you on this side, so we'd avoid that. Elvis Cruz: Actually, I would -- well, I have a brief question, procedurally. Can I just make a like 30-second statement, and then hand the microphone over to our attorney? Vice Chair Hardemon: That's fine. Chair Gort: Sure. Mr. Cruz: Okay. There's a very important fact you have not been told that needs to be stressed, that this part of Biscayne Boulevard, it runs diagonal to the street, and that is why the first in property that Mr. Hernandez keeps -- Mr. Fernandez keeps referring to, that's why it's there, steps inward, and you need to keep that in mind. When they keep saying that you've got T5 to the south, that's why you've got T5 to the south, because that's the first in property on Biscayne. Here is the first in property on Biscayne. So you can't look at it straight north/south. You have to consider it diagonally, the same way Biscayne Boulevard is diagonal. And at this point, our attorney is John Lukacs, and he'll be speaking on our behalf. City of Miami Page 80 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 John Lukacs: Good afternoon. My name is John Lukacs, offices at 2525 Ponce de Leon Boulevard, with the firm of Hinshaw Culbertson. It's by privilege to represent Dr. Kim Jacobson in opposition to this application. I want to touch upon two points that were raised by staff, and that is, first and foremost, that there was a white paper that was prepared. My reading of the transcript indicates that this matter was first before this Commission back in January. It was deferred until March 26,- at which time, Commissioner raised an issue regarding the concerns about the spot zoning legal issue that had been presented, and therefore, it was deferred to today. Today is April 23. On April 21, Mr. Garcia purportedly prepared that white paper. We just received it a short while before this hearing commenced. Vice Chair Hardemon: So -- Mr. Lukacs: Second -- Vice Chair Hardemon: -- counsel, does that mean that you would like additional time to consider it? Mr. Lukacs: If I ask for additional time, it's not going to be additional time today. It's going to be to kick this can down the road so that we can parse the document that's been prepared and which purportedly has been submitted to the Commission for your consideration. Whether you've had an opportunity to review that or not, I don't know. Vice Chair Hardemon: And I completely understand that. But then it will fall upon us to determine whether or not that the issues that were presented in this paper are of such, I guess, grandeur and magnitude to your case; whether it would detriment your case so much so that you would need an additional three weeks, four weeks, to reply. And ifI read this -- and I'm sure if you read this -- I don't necessarily think that you would need that type of time, but -- and I can look to my other Commissioners to the left of me and to the right of me to determine whether or not after reading this, you would require that type of time. If you would like to review this, we can give you that time by deferring this to later on today and allowing us to go on with the rest of the agenda so you can review it, and we can come back to it. We have items that have time certain at 4 o'clock, and we have items that time certain at 6 o'clock, so if you would like to review this in that time, then this is something that you can do. Mr. Lukacs: Well, I appreciate the offer. I still think that if required to go forward and do an analysis of what Mr. Garcia prepared two days ago would still be a denial of due process to my clients. I would recommend and request the matter be deferred to a later date so that we can respond accordingly. Vice Chair Hardemon: In reading this off -- this interoffice memorandum and the issues that it presents, especially in light of the case law that Mr. Fernandez presented, which is very much similar in introducing the five different points that the staff was in -- very much similar to the same language, the same facts -- I would recommend that we deny that request of an additional few weeks, and instead offer you some time today, so a matter of an hour, hour and a half, to review this, to come with some rational legal arguments. Mr. Lukacs: Well, I'm going to decline that offer. I don't think it's su icient time. So with that in mind, if Commissioner would prefer that I just go forward -- Vice Chair Hardemon: Yes. Mr. Lukacs: -- and I'll do the best I can turned circumstances. Let me do this: Let me refer to the definition of "spot zoning" by the Assistant City Attorney, and add to it another sentence which follows the paragraph that he cited. As the City Attorney stated, "spot zoning" is the City of Miami Page 81 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 name that is given the piecemeal rezoning of small parcels of land to a greater density, leading to disharmony with the surrounding areas. Spot zoning is usually thought of as giving preferential treatment to one parcel at the expense of the zoning scheme as a whole. And here comes the next sentence. In that opinion, the court went on to say, "Moreover, the term is generally applied to the rezoning of only one or a few lots, " which is precisely what you have here. This is nothing more than an attempt to simply expand upon a commercial zoning and intrude upon and invade upon the quite enjoyment of a residential neighborhood. The case that that came from was the case of Southwest Ranches Homeowners Association, versus County of Broward, at 502 Southern Second 931. It was cited with approval in the case cited by Mr. Fernandez, which was Bird Kendall Homeowners Association versus Metropolitan Dade County, Board of County Commissioners, cited at 695 Southern Second 908. There is another case that I would like the City Attorney's Office to consider as well, and that's the City Commission of the City of Miami versus Woodlawn Park Cemetery, which essentially stated that spot zoning refers -- Vice Chair Hardemon: What's the cite for that one? Mr. Lukacs: That would be 553 Southern Second 1227, and the quotation -- Vice Chair Hardemon: Twelve forty-seven? Mr. Lukacs: Twelve twenty-seven. That's Third DCA (District Court of Appeals) 1989. And the court stated at 1240, spot zoning refers to, quote, "a rezoning which creates a small island of property with restrictions on its use different from that of surrounding properties solely for the benefit of the particular owner." Now, with regard to the criteria of spot zoning that is referred to in the Bird Kendall case, it was alluded to earlier that there were four criteria: The size of the spot. We all know what that is. The second criteria is compatibility with the surrounding area, a very, very important issue before this Commission, and in fact, the competent substantial evidence that I became aware of in reading the transcript earlier of the public comments supports the incompatibility with the subject area, particularly from the perspective of those who were going to be most affected by that, and that is these homeowners, these residents. The third criteria is benefit to the owner. Which owner? The owner here is going to be the owner of the commercial use that intends to expand upon and intrude upon this residential area. And the fourth criteria, which is of equal importance to the second criteria, which was compatibility with surrounding area, is the detriment to the immediate neighborhood. So when we reflect upon the evidence that's been before this Commission -- now we're talking about what you heard, and I'm certain that you've reviewed the transcripts, and you're familiar with what the comments were from the affected property owners bark on March 26 -- the competent substantial evidence that you heard was that this neighborhood was going to suffer a detriment as a result the intrusion upon this neighborhood. I would ask you to simply recognize that the record, as you see it, is devoid of any evidence, much less any competent substantial evidence, that this up -zoning is somehow compatible with the surrounding areas. There's another case referred to as Parking Facilities versus the City of Miami Beach, which appears at 88 Southern Second, 141. And that's a case in which the Florida Supreme Court warned long ago, namely, that spot zoning essentially plants a growth which could well spread and destroy the character of a neighborhood. The Third District has made it clear that those who own property and live in a residential area have a legitimate and a protectable interest in the preservation of the character of their neighborhood, which may not be infringed upon by an unreasonable or arbitrary act of government. Commissioners, you are the gatekeepers. We need to rely upon you to review the record as you know it, and to make a very serious call here, and simply say, No, it's not going to happen." The residential neighborhoods have been there forever. They're going to remain preserved, and it's your obligation to these homeowners to make sure that this intrusion does not occur. I thank you very much for your time. Chair Gort: Thank you, sir. City of Miami Page 82 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Mr. Fernandez: Commissioner, may I have just a couple of words in response to that for rebuttal? I'll be very brief Chair Gort: Yes. Mr. Fernandez: Thank you. First of all, I believe that Mr. Lukacs is viewing this in a microcosm. You need to take the totality of the circumstances into consideration and incorporate the covenant that we've proffered into your consideration of the land use change. When you do that, clearly, our application is compatible with the surrounding area. In addition, the same transition from T5 to T4 exists at the north end of this block, as we mentioned in our earlier hearing. You don't see it here, but it is right above us. You have a rezoning that takes place, a transition from T5 to T4-O, right up against the Cushman School on 5th Avenue, on the very same block. So how can this be different in terms of the transition and impact that it creates for the neighborhood? Additionally, I'd like to state that based on the Woodlawn -- City of Miami versus Woodlawn Park Cemetery Case at 553 Southern Second 1227, that this -- the denial of this application would, in fact, constitute reverse spot zoning, which is not permitted by the courts, because our owner would be denied essentially the same benefit that is provided to the immediately abutting property to the south, where they're able to have commercial uses all the way up into 5th Avenue. And the fact that the parcel is at an angle is really irrelevant. The situation here is that you have the same transition from T5-O -- or T4-O into T3-O that we're requesting on our parcel to the north. So we think that to take an action contrary to the action that was being considered previously would actually constitute reverse spot zoning. Mr. Lukacs: A brief reply. Chair Gort: Yes, sir. Mr. Lukacs: And I promise, it'll be brief. I enjoy very much debating the law with Mr. Fernandez on this particular point, but there's something that's very noteworthy. The white paper that I referred to earlier, the one that's dated April 21, was not prepared by the City Attorney's Office. Here we are finding ourselves debating the issue of the law right now in terms of what is and is not spot zoning, and trying to evaluate, to your point, Commissioner, what weight, if any, do I give to these criteria, whether it's the criteria that's set forth in staffs white paper, or whether it's the four criteria that are set forth in the Bird Kendall case, as was enunciated by the Third DCA many, many years ago? We find ourselves debating the law as if we were standing before the third District Court of Appeal right now, but the fact of the matter is, your City Attorneys Office has not weighed in on this yet. You do not have -- in fact, when I looked at the white paper and flipped it over to see who was copied on it, I didn't even see the City Attorney's Office copied on it. I would implore the City Attorneys Office to get involved. This is a very important issue. And yes, this is first reading. But it's a legal issue that may have far-reaching imply indications at the end of the day, because the minute you make that step -- and I would most respectfully say "that misstep'L- by approving this request, the doors are open, the flood gates are open. You're going to see the same rationale, the same very subjective and argumentative position taken that, Come on, this isn't spot zoning. No way. "Fact of the matter is, in our legal opinion, it is. And I thank you for that additional time. Chair Gort: Thank you. Vice Chair Hardemon: Mr. Chairman. Chair Gort: You're recognized. Vice Chair Hardemon: And I appreciate what both attorneys had to say about this. And what I found to be most interesting is that the issues that Mr. Fernandez put forth and Mr. Lukacs put City of Miami Page 83 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 forth as far as what we need to consider are both the same or greatly similar to each other. And so at this point, we did ask -- I asked for the City Attorney to at least give us an opinion on I believe the City of Miami case. Was that 553 Southern Second 1227, the 1989 Third DCA case? Did you pull that one up? Mr. Min: Yes, Commissioner, I do have a copy, and copies are being brought down for the Commission. Mr. Lukacs did properly cite the case. Again, I would reiterate that basically what spot zoning is, it's a rezoning of a property that is inconsistent with the surrounding properties. Without speaking on the policy or the reasons for whether or not this is a good idea or bad idea for this particular property, I do believe that the argument, as far as this particular property, is not being considered in its full context. I would remind the City Commission that Miami 21 also looks at transitional zoning, and that purpose is to transition from a T3 to a T4 to a T5, so when you look at that entire transition, it's not just a particular spot that you're looking at, but you're looking at the entire transition of the entire zoning application and a process that Miami 21 proffers. So I would suggest to this City Commission that there certainly is a reason to find that there is not spot zoning in this particular application. Vice Chair Hardemon: Mr. Fernandez, the -- you highlighted earlier that besides the fact that we have the authority or it is within the law for us to grant your appeal, you said that you have some covenants. Can you highlight just a few of those ideas within the covenant that you believe will make this more so within the spirit of the surrounding area? Mr. Fernandez: Sure. Well, so the covenant requires that the lot be developed with a residential use, so that ensures that it will not be utilized exclusively as a commercial property. In fact, its primary use will be residential, but we cannot provide the underground parking on this parcel without the rezoning, so you know, that is the reason that we need the rezoning, but it will essentially remain residential in character. In addition, the covenant is going to ensure that there is no garbage delivery off of 59th Street, which was important to one of the neighbors. And it also ties us to the site plan that the Planning Department has reviewed that they have evaluated and deemed to be consistent, compatible with the area and of a very high quality design. So this parcel has always been part of the parcel on Biscayne Boulevard. It's a vacant piece of land. It has been essentially undevelopable for years. We went back with aerial photography; couldn't find a tax card for the property. It has never been developed as a residential use, and it's looking directly across the street at another commercial use. So I think it's clear that based on the fact that it's never been used for residential single-family purposes, that there is no evidence in the City records of it ever being developed as a single-family home; and that immediately abutting the property, you have a higher transect with an open commercial use designation across from it, I think that justifies the rezoning, and clearly demonstrates that this would not be an island of use in this area. Chair Gort: Thank you. Any other questions? Vice Chair Hardemon: I don't know if any of the other Commissioners have anything they want to chime in on. Chair Gort: Now, my understanding, the covenant you performing here, the residential, the back part that's going to face the residential is going to be for residential use, like we have seen some -- many of that -- early -- next to Coral Way. At the same time, the parking facility will be ingress/egress from Biscayne Boulevard and all the service provided will be through Biscayne Boulevard. Mr. Fernandez: There will be one entrance for the underground parking off of 59th, but it's only for patrons, not for deliveries or anything like that. Chair Gort: Okay. Any other questions? Our attorney doing all the reading, so. City of Miami Page 84 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Vice Chair Hardemon: And ifI may, Mr. Lukacs, the -- Mr. Lukacs: Yes, sir. Vice Chair Hardemon: -- 553 Southern Second 1227, the Third DCA case, at page 1240 is where you said -- where you made your point about spot zoning. Now, I wanted -- that is within a dissent of this case, correct? Mr. Lukacs: Yes, sir. Vice Chair Hardemon: Okay. And the holding of this case was that denial of the landowner's request to rezone small portion of his property from residential to commercial was unlawful as discriminatory reverse spot zoning since landowner was denied precisely the same commercial zoning as that of his surrounding commercial neighbors on purely an arbitrary basis. Mr. Lukacs: Yes, sir. Vice Chair Hardemon: Is that correct? Mr. Lukacs: Yes, sir. Vice Chair Hardemon: Thank you very much. Mr. Fernandez: Which was exactly our point, Commissioner. Vice Chair Hardemon: And Commissioners, I would make a motion to -- well, first, to clam, we're on PZ.3, correct? Chair Gort: Yes. Vice Chair Hardemon: But all of our discussion applied for PZ.3 and PZ.4? Mr. Garcia: Yes, sir. Vice Chair Hardemon: So at this time, I will make a motion to grant the appeal from -- on behalf of Mr. Fernandez -- Mr. Fernandez' appeal, rather, based on the testimony and the evidence that we heard tonight and also on preceding nights. There was tremendous testimony, not only from the community, that people were for and people were against the rezoning of this property. There was evidence that was sufficient for the record to determine what was the size of the property that was being rezoned and the existing zoning of the abutting properties that were near that property, what it is today, what it will be tomorrow, and the benefits and detriments to the landowner and also his neighboring owners. Particularly within the record, you will see that there is covenant and much discussion about underground parking, and also how the property owner of the said site will ensure that deliveries and such that are commercial in nature will occur on the Biscayne Boulevard side of the property and not within the residential area. The record is very clear with other factors that show that there are mitigating -- there are efforts by the property owner to mitigate any disturbances to the residential properties, and from the record, what we've seen, just to name a few things, that this property actually takes the time to address the parking demand that's within this area and spend significant amount of dollars to mitigate those parking woes within that community by making underground parking, something that you don't see too often, but now we are probably seeing our second application that includes that. And most importantly, when discussing if this property is harmonious with the nature -- with the community that it is within, it is -- it has been stated and it's been on the record that properties just to the south of it are zoned in ways that are harmonious with the property that will City of Miami Page 85 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 be just to the north of it, which is the property that is currently zoned as, I believe, T3-L, the property that is on the western side of the ownership, and then when you look at the very most northern part of the land use, of the map, you can see where there is also transition there -- a transition of land use and zoning on properties that are not of the subject property, but that show that it is in the same spirit of this property that we're discussing today. Considering all of those factors together, I wish to ask my colleagues to support me in my motion to grant the appeal. Chair Gort: Okay, there is a motion. Is there a second? Mr. Min: I'm sorry, Commissioner. Just to clarJ, it's a motion to grant the request for a change in land use for PZ 3 Vice Chair Hardemon: PZ.3. Yes. Mr. Min: Thank you. Vice Chair Hardemon: As stated by the City Attorney. Commissioner Sarnoff Second. Chair Gort: It's been second by Commissioner Sarnoff. Any further discussion? It's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ.3. Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff You wanted us to look at 1240, right? Mr. Lukacs: No, no. Commissioner Sarnoff 553 Southern Second 1240? You wanted us to read that page, right? Mr. Lukacs: Well, that was the quotation that -- the precise page that I quoted the court from. Commissioner Sarnoff Central to the analysis of spot zoning question is whether the land is being treated unjustifiably different from similar surrounding land, correct? Mr. Lukacs: Correct. Commissioner Sarnoff 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, 4-0. City of Miami Page 86 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 PZ.4 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 DENYING THE REQUESTED CHANGE OF 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, FLORIDAAND 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 SR Fact Sheet.pdf 14-00727zc Analysis, Maps & PZAB Reso.pdf 14-00727zc Application & Supporting Documents.pdf 14-00727zc Legislation (v3).pdf 14-00727zc Exhibit.pdf LOCATION: Approximately 5900 Biscayne Boulevard and 5907 NE 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 FI NDI NG(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 Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Gort: PZ 4. City of Miami Page 87 Printed on 5/26,2015 City Commission Meeting Minutes April 23, 2015 Barnaby Min (Deputy City Attorney): Mr. Chair, before there's a motion on PZ.4, I just want to remind the Commission that the application, what is being requested from the applicant is different than staffs recommendation. The applicant is requesting to up -zone one property from a T3 to a T4; to down -zone one property from a T5 to a T4. I, of course, defer to Mr. Garcia, but I believe staffs recommendation is to grant the request to up -zone the T3 to a T4; however, to deny the request to down -zone the T5 to a T4. Francisco Garcia (Director, Office of Planning): That is correct. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Hardemon: This is one of those opportunities that we have to truly weigh and consider what the request is of the applicant; also, the appellant today, and consider that against what our opinion is from our staff, and also of the people who live within the community. And in considering that, I'd like to move to accept the City's -- City staffs recommendation as to the up -- is it down --? It's both a down- and up -zoning; it's one of the two. Mr. Min: Correct. So again, staffs recommendation is to up -zone one parcel from a T3 to a T4 and to deny the request to down -zone the T5 to a T4. Commissioner Hardemon: So I'd like my motion to approve to be -- the language to mirror what the City Attorney has stated. Chair Gort: It's a motion. Is there a second? Commissioner Hardemon: And please include the covenant. The covenant, it follows with this? Mr. Min: Yes, sir. Vice Chair Hardemon: Yes. Commissioner Sarnoff Second Chair Gort: Second. Any further discussion? Ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd Hannon (City Clerk): Roll call on item PZ.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. John Lukacs: Thank you all very much. Chair Gort: Thank you, sir. PZ.5 ORDINANCE First Reading 15-00046Iu 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 City of Miami Page 88 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3231 SOUTHWEST 23 STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-000461u SR Fact Sheet.pdf 15-00046Iu Analysis, Maps & PZAB Reso.pdf 15-000461u Application & Supporting Docs.pdf 15-000461u Legislation (v2).pdf 15-000461u Exhibit.pdf LOCATION: Approximately 3231 SW 23rd Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Twenty Third Street Invest, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID: 15-00046zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on March 18, 2015, by a 10-0 vote. PURPOSE: This will change the land use designation for the above property from "Duplex Residential" to "Low Density Multifamily Residential". Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Chair Gort: Five and 6; that's yours. Commissioner Sarnoff. We're done -- 5 and 6. Francisco Garcia (Director, Office of Planning): Yes, sir. Items PZ.5 and PZ.6 are the last items on the Planning & Zoning agenda. They are also companion items, and they are for a land use amendment and a rezoning for a property at 3231 Southwest 23rd Street. The proposal would change the land use designation from duplex residential to low density multi family residential; and the zoning from T3-O to T4-R. It is before you on first reading. Your Planning & Zoning Department is recommending approval, as did the Planning, Zoning & Appeals Board in their meeting of November 11. I'm happy to answer any questions. I'll defer to the applicant for a presentation. Ben Fernandez: Good evening, Commissioners. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicant. As your Planning director mentioned, this is an application that has been recommended for approval for a change to an 11,250 square foot property that abuts a tall, multi family building called the Shamrock off of Southwest 32nd Avenue. There's no transition here from the avenue into the T3 area to the west, and this City of Miami Page 89 Printed on 5'26'2015 City Commission Meeting Minutes April 23, 2015 property has the ability to create a transition. It also is immediately across the street from the parking area for what used to be Victor Cafe -- I don't know what it's called today -- a large restaurant off of Southwest 32nd Avenue. Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Mr. Fernandez: Thank you. Chair Gort: It's moved, second. Any further discussion? Commissioner Suarez: No-brainer. People on my district are cool. Chair Gort: Anyone in the public would like to address this issue; anyone in the public? Seeing none, hearing none, close the public hearings. Yes, sir. Mr. Garcia: Sir, with your permission, I'd like to correct a statement I made or a misstatement, rather. The Planning, Zoning & Appeals Board considered this item not on November 11, but on March 18. My apologies. And they did recommend approval. Chair Gort: Okay. It's an ordinance. Victoria Mendez (City Attorney): And ordinance -- this is PZ.5, right? Todd Hannon (City Clerk): Yes, ma'am. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.5. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. PZ.6 ORDINANCE 15-00046zc 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 T3 - O "SUB -URBAN TRANSECT ZONE - OPEN" TO T4 - R "GENERAL URBAN TRANSECT ZONE RESTRICTED," FOR THE PROPERTY LOCATED AT APPROXIMATELY 3231 SOUTHWEST23 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-00046zc SR Fact Sheet.pdf 15-00046zcAnalysis, Maps & PZAB Reso.pdf 15-00046zc Application & Supporting Docs.pdf 15-00046zc Legislation (v2).pdf 15-00046zc Exhibit.pdf LOCATION: Approximately 3231 SW 23rd Street [Commissioner Francis City of Miami Page 90 Printed on 5,26/2015 City Commission Meeting Minutes April 23, 2015 Suarez - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Twenty Third Street Invest, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-000461u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on March 18, 2015, by a 9-1 vote. PURPOSE: This will allow a change in zoning classification for the above property from T3-O to T4-R. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Chair Gort: PZ.6. Todd Hannon (City Clerk): I need a motion, sir. Commissioner Suarez: So moved. Commissioner Sarnoff. Second Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Sarnoff. Any -- it's a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, we close the public hearing. The Ordinance was read by title into the public record by the City Attorney. 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, 4-0. Ben Fernandez: Thank you very much. Good night. Chair Gort: Is that it? Good night. Thank you very much. Do I hear a motion to adjourn? Unidentified Speaker: (UNINTELLIGIBLE). PZ.7 ORDINANCE Second 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 City of Miami Page 91 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 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. 14-010651u SR Fact Sheet.pdf 14-010651u 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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez 13514 Chair Gort: PZ5 and PZ. 6, this is the -- Commissioner Suarez. Francisco Garcia (Director, Office of Planning): Yes, sir. I believe that earlier today, the Commission had expressed a wish to hear a certain item at a time certain of 4 o'clock, which is now past that time. Chair Gort: Four -thirty. Mr. Garcia: Four -thirty; my apologies. It is 4: 30 presently. City of Miami Page 92 Printed on 5/26,2015 City Commission Meeting Minutes April 23, 2015 Chair Gort: Well, we can listen to it. PZ.7. Mr. Garcia: Items PZ.7 and PZ.8 are companion items. Item PZ.7 is the land use -- the proposed land use change for the Northwest 20th Street corridor and the parcels fronting it on both sides from a land use designation -- my apologies -- of light industrial to a land use designation of general commercial. And item PZ.8 is the proposed rezoning of that same corridor, which is 20thStreet from 13th Avenue to the east to 27th Avenue to the west, and properties fronting that corridor. And the zoning change would be from the present zoning of DI, light industrial, to T6-8-O, mixed use, high density, high intensity. Our recommendation is for approval. This is before you on second reading, and I wanted to state briefly for the record that this has been referred, as must be done, to the Department of Economic Opportunity in Tallahassee, and they have found it to be in compliance with their guidelines. We therefore recommend approval, as well, to you. 171 answer any questions you may have. Chair Gort: My understanding is this had to go to the State and the State had to approve all of those changes according to our master plan; am I correct? Mr. Garcia: That is correct, sir. To be absolutely technically clear, for the record, there are a couple of minor comments pending from FDOT (Florida Department of Transportation). We have received word from FDOT as recently as yesterday that those items can certainly be resolved internally, and they are not objecting at all for us to proceed forward in finalizing this process. Chair Gort: Okay, thanks. It's a public hearing. Anyone in the public would like to address this issue? Miguel Gabela: Miguel Gabela, 1701 Northwest South River Drive; Miami, Florida, 33125. What is the DOT (Department of Transportation) recommendation; that is, what is the DOT recommendation that he -- that you're waiting upon? Mr. Garcia: Thank you for asking, sir. FDOT, in reviewing our analysis, has requested additional information regarding some of the intersections. Generally speaking, our position is that by virtue of promoting mixed use development within the corridor, that is likely to retain much of the traffic patterns within the zone, and that is a desirable goal, both for the City of Miami and for FDOT. FDOT wants further substantiation, and that is being produced. I can tell you categorically that FDOT has no reservations about moving forward on this matter; I have that in writing. Mr. Gabela: I respectfully, Commissioner, ask that this be postponed until the report -- that report gets back, and the reason, I wear two hats today. One is that I have -- I was notified, because I have an investment property in the area, about 500 feet of the affected area; and number two, I'm also a candidate for the District 1, City of Miami, right now, and l'd respectfully ask that it be postponed till the study comes back from DOT. Thank you. Chair Gort: Thank you. Next. Horacio Stuart Aguirre: Mr. Chairman, good afternoon. Horacio Stuart Aguirre, a resident of Durham Park, 1910 Northwest 13th Street. I stand in support of this. This will promote economic growth on 20th Street. It's one of our most viable streets in the Allapattah District, and this is needed and helpful. Chair Gort: Thank you. Is anyone else; anyone else? Do I have a motion? Commissioner Sarnoff So move. City of Miami Page93 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Chair Gort: It's been moved and second. It's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd Hannon (City Clerk): Roll call on item PZ 7. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.8 ORDINANCE Second Reading 14-01 065zc 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 SR Fact Sheet.pdf 14-01065zc Analysis, 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". Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 94 Printed on 5/26,2015 City Commission Meeting Minutes April 23, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez 13515 Note for the Record: Please see item PZ.7 for additional minutes pertaining to item PZ.8. Chair Gort: PZ 8. Barnaby Min (Deputy City Attorney): I believe this is the accompanying zoning change. Commissioner Sarnoff. So move, Mr. Chair. Chair Gort: It's been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd Hannon (City Clerk): Roll call on item PZ 8. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Chair Gort: Thank you PZ.9 RESOLUTION 14-01012wt A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY BEN FERNANDEZ, ESQUIRE ON BEHALF OF BOTECO RESTAURANT, REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, AND APPROVING A WARRANT TO ALLOW AN OUTDOOR DINING AREA ON THE PROPERTY LOCATED AT APPROXIMATELY 916 NORTHEAST 79TH STREET, MIAMI, FLORIDA. 14-01012wt Fact Sheet.pdf 14-01012wt Appeal Letter to City Commission.pdf 14-01012wtAnalysis, Maps & PZAB Reso.pdf 14-01012wt Appeal Letter to PZAB.pdf 14-01012wt Application & Supporting Docs.pdf 14-01012wt-Orlando Hernandez -Valet Parking Documents.pdf 14-01012wt-Submittal-Abed Hammoud-Incident Reports.pdf 14-01012wt-Submittal-Adeb Hammoud-Petitions, Complaints, Warrant, and Appeal Documents.pd 14-01012wt-Submittal-Adeb Hammoud-Photos and Aerial View.pdf 14-01012wt-Submittal-Adeb Hammoud-Violations, Petition Signatures, Articles, Etc.pdf 14-01012wt-Submittal-City Manager-Legislations.pdf LOCATION: Approximately 916 NE 79TH Street [Commissioner Keon Hardemon- District 5] City of Miami Page 95 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 WARRANTAPPLICANT(S): Ben Fernandez, Esquire, on behalf of Boteco Restaurant APPELLANT(S) TO PLANNING, ZONING AND APPEALS BOARD: Abed Hammoud, abutting property owner APPELLANT(S) TO CITY COMMISSION: Ben Fernandez, Esquire, on behalf of Boteco Restaurant. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval, with conditions, of Warrant Permit No. 2013-0031 issued on September 18, 2014, and denial of the appeal to the Planning, Zoning and Appeals Board PLANNING, ZONING AND APPEALS BOARD: Granted the appeal on January 21, 2015, by a vote of 9-2, thereby denying the Warrant Permit No. 2013-0031. PURPOSE: The appeal seeks to reverse the Planning, Zoning and Appeals Board's decision to deny the Warrant to allow an outdoor dining area . Motion by Vice Chair Hardemon, seconded by Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Gort and Hardemon Noes: 1 - Commissioner(s) Sarnoff Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0190 Chair Gort: PZ.9. Francisco Garcia (Director, Office of Planning): Thank you, sir. Item PZ.9 is a warrant appeal. This is a warrant appeal for a property at 916 Northeast 79th Street. I will provide you with a brief history. The warrant is for outdoor seating. This property happens to be located in a mixed use, medium density corridor. The zoning designation is T5-O. And there is a properly established restaurant at this location. Miami 21 and the Zoning Ordinance requires that outdoor seating areas go through a warrant process, because, you know, is notified to abutting property owners and neighborhood associations, which has been done. The warrant was issued by the Planning & Zoning Department, and that warrant itself has been appealed by some nearby residents to the Planning, Zoning & Appeals Board. The Planning, Zoning & Appeals Board sided with the appellants and rescinded the warrant, and the rescission is before you today for consideration by the original applicant as an appeal to the Planning, Zoning & Appeals Board decision to rescind the warrant. And so today, before you is the option to either reinstate the warrant, as issued by the department, or with modification for additional conditions, or to stand by the Planning, Zoning & Appeals Board decision to rescind the warrant. That's procedurally what's before you today. 1'll tell you additionally that we have certainly heard clearly from many of the nearby residents that they have concerns about the noise created by this establishment, and in particular, that noise is associated by them with the outdoor seating component of the restaurant. I know that the original applicants, the property owners are very familiar with this issue, and have, I believe, attempted to address it. We have the Code Compliance history of the property, and I believe that, based on conversations we've had with the property owners, they are here today to propose certain noise mitigation strategies that may help diffuse the noise intrusion issue. With that said, that evidence is before you. This is a de novo hearing, and we're happy to answer any questions you may have. Chair Gort: Thank you. Who's goin' first? Mr. Fernandez. City of Miami Page 96 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 Ben Fernandez: Thank you, Commissioner. Essentially, as the Planning director described, this is an existing restaurant off of 79th Street; 900 Northeast 79th Street. A warrant was issued approving an outdoor seating area for it in September. The PZAB (Planning, Zoning & Appeals Board) reversed the warrant based on some unsubstantiated reports, police reports that were submitted into the record actually after the public hearing was closed, so we had no opportunity to rebut some of that information. And we're here before you on this appeal asking you to reinstate the warrant; asking you to support this really cultural resource. Boteco is a Brazilian restaurant; offers authentic Brazilian cuisine. It does a very good business, and it's a real resource in the Upper Eastside community. And the application was supported by your Planning Department. There is adequate parking on site. There are approximately 16 parking spaces for a relatively small restaurant. The restaurant also offers valet parking to its patrons. One of the - - well, the principal issues raised by the neighbors has been noise, and in order to mitigate the potential noise that is being generated by the outdoor seating, we have submitted to staff a proposal to enclose the open spaces on the side wall of the property here with windows that are essentially hurricane proof windows that have quarter inch glass sandwiching a one-half inch air space. Air is the best insulator, they say; the best material to use to mitigate noise, air trapped between glass. And so we're prepared to install these improvements on the wall in order to address the neighbors' concerns, but I think that we have -- the appellant in the underlying case is a gentleman that has had really sort of a personal vendetta against this restaurant for some time. He has persistently called the City of Miami Police Department and not the City of Miami Code Enforcement Department. And so the history of the alleged noise from the site is really one that's unverifiable, because what you have is a series of police calls. The police show up, nothing happens. There are no arrests; the place is not closed down. There's no communication with the City of Miami Code Enforcement Department. And so you have one property owner essentially pointing the finger at this business and causing it -- trying to get it to be shut down. All we're asking you for today is the opportunity to allow this business to operate, based on the warrant that was just approved earlier this year by the Planning Department to monitor the business. And if there is a problem, bring it before your Code Enforcement Board. We don't think that there will be. We're taking active steps to mitigate any potential noise and we would ask you to support your departmental recommendation. Like to reserve some time for rebuttal. Thank you. Chair Gort: Thank you. Yes, sir. Abed Hammoud.- Good evening, Chairman. My name is Abed Hammoud, and I live behind Boteco Bar. Chair Gort: Please speak into the mike. Mr. Hammoud: Oh, okay, sorry. My name Abed Hammoud. I live behind the Boteco Bar, and - - excuse me. I give my copy away; it's up here. Chair Gort: Go ahead. Mr. Hammoud: Yeah, I live behind the bar, and I live in same area for 35 years. And they open this bar in 19 -- no, I'm sorry -- 2007. Since that time, we don't have a quiet night, and this bar - - excuse me. He got my copy. Where is my copy? Chair Gort: Excuse me, sir. Mr. Hammoud: Yes, I'm sorry, but -- Todd Hannon (City Clerk): Sir, if you want to go last, maybe we can try and help you -- City of Miami Page 97 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Mr. Hammoud: Yeah, please. Mr. Hannon: -- with the computer, so that's why I was telling you, if you want to go last rather than first. Mr. Hammoud: Okay, thank you, thank you. I appreciate that. Thank you. I got -- Chair Gort: Okay, next; next speaker. Mr. Hannon: Let me go ahead and read the names out, if you don't mind, Chair? The next -- Chair Gort: The Clerk is going to read the names of the speakers. Go ahead. Mr. Hannon: -- three speakers: Allyson Warren, Kalthoum Hammoud and Rana Hammoud. Allyson Warren: I think you're probably missing a couple of other speakers, but good afternoon, everybody. My name is Allyson Warren. I live at 650 Northeast 82 Terrace. I'm here as a neighbor, as former president of the Shorecrest Neighborhood and former president of the Upper Eastside Miami Council. I was also invited to sit in the meeting that apparently was requested by the -- by Mr. Fernandez and his clients a few weeks ago where the neighbors did not actually agree to anything except to listen to what they had to say. This, unfortunately, has been mischaracterized as a targeted attack on the business. We know for certain that there are innumerable police reports of the noise. You'll hear from some of the children that live directly behind it whose windows directly abut the property, and the story that -- about the warrants is kind of interesting, because the necessity for the warrants came from the fact that they built an illegal terrace outside, and there are currently over $100,000 worth of running fines from Code Enforcement, which, unfortunately, has not done the job that it should be doing. I can remember, if most of you do, when there were out -- when there were businesses in Wynwood where Code Enforcement was out there every night with the decibel meter and the little wheel. That hasn't happened here, unfortunately. I do know that there was a supervisor that went out there one afternoon at noontime and reported back that there wasn't any loud noise. Well, no kidding. Noon isn't going to be when there's going to be noise. These properties, unfortunately, got a little twisted when Miami 21 came in. We wanted to drop an NCD (Neighborhood Conservation District) on this area before Miami 21 hit, because we knew there was going to be a problem. Everybody said, "No, no, wait, Miami 21 will help." Well, guess what? It hasn't. They were generously grandfathered 17 spaces. The last party they had, had 200 people. Chair Gort: In conclusion. Ms. Warren: In conclusion, there's also a parking issue. Due to the cost of the valet parking, which I don't know if the City is receiving its share from that, but they're also starting to park back on people's swales again, because it's free. And possibly a decal program might be a good idea. Chair Gort: Thank you, Allyson. Ms. Warren: Thank you. Chair Gort: Next. Mr. Hannon: Chair, if I may, I have a significant number of new speakers that have signed up, and I'd like to administer the oath again for anyone who hasn't taken the oath yet. Anyone speaking on today's Planning & Zoning items who has not taken the oath yet and will be speaking on our Planning & Zoning items, please stand and raise your right hand. Just one moment. Mr. Hammoud, Mr. Hammoud, I need you to raise your right hand. I'm going to be City of Miami Page 98 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 administering the oath. Okay. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. And again, so the next two speakers after Allyson Warren: Kalthoum Hammoud and Rana Hammoud. Unidentified Speaker: (UNINTELLIGIBLE) Mr. Hannon: I know. We're going in a particular order. Kalthoum Hammoud: Hello. My name is Kalthoum Hammoud. I'm a university student. I live right behind Boteco. It is a disgusting place. Why? Because they make so much noise; they pass their limit. They make music up to 2 a.m., 3 a.m., 4 a.m. in the morning. I have to deal with this. I cannot concentrate. I have to study. I have school the following day. My parents have work to go to the following day. There are a lot of kids in the neighborhood who are really agitated from the noise, who are really agitated from Boteco, because it's impossible to live in this area now. I had a very close neighbor for over 15 years, and she sold her house, and she's not even living there anymore. And this house has been for sale for quite some time now, and no one is buying this house. So, yeah, I want to say I hope that you guys find a solution for this, so thank you. Thank you very much. Chair Gort: Thank you. Next. Mr. Hannon: Rana. Rana Hammoud.- Good afternoon, ladies and gentlemen. My name is Rana Hammoud. I live in 921 Northeast 78th Street, right away in back of Boteco. Just to mention, Boteco is not like any other business in the neighborhood. Loud music, drums. The Boteco does not have no control over the crowd. The people get drunk, screaming, whistling, women yelling at middle of the night. Even when we call the police, they don't have no regard, whatsoever. After 10 minutes, 15 minutes from calling the police, police arrive, you hear the music stop. But they form -- it's like on purpose -- mus -- loud singing, whistling, screaming, group singing. We cannot take it. My kids, I have small kids. They kept telling me, "Mommy, when they going to stop? We want to sleep." I have to move them to sleep on the sofa. I mean, they cannot control their crowd. They will say, "Okay, we going to put a sound barrier, we going to close a glass door," all this nonsense. They been saying it, and nothing happen. It's just to fake the thing, just to mask it. We have a lot of businesses in the neighborhood, but their business is weird. We never complain about any other business. This one should not be in the neighborhood. I'm asking your help not to even open another 85 seat; to close their business in that neighborhood, literally, and move them somewhere else. They do not belong in that neighborhood. We have small kids. I come from work tired. We want to relax. We don't have a quality of life that we deserve. They do not care about us. They do not care. They care about their business. They're making money, but what about us? We live there before, for a long time, and we're not going to sell our house and run away, no. This is our area, this is our kids' area and our grandkids' area. Thank you so much. Chair Gort: Thank you, ma'am. Next. Mr. Hannon: Next three speakers: Iman Hammoud, Mirvat Karout and Marco Galvan. Iman Hammoud: Good afternoon, esteemed delegates. I'm here on the behalf to complain of the disturbance that Boteco Bar on Northeast 79th Street has caused to our neighborhood since 2007. It seems that when Boteco Bar moved into our neighborhood and started its business to City of Miami Page 99 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 serve entertainment to customers, they have, unfortunately, brought many negativity towards the community. For one, they create loud, obnoxious music, breaking the peace of the neighborhood's atmosphere, and are still doing so, even after the meeting that we had held back on last day January 21, 2015, about such behavior and preventing it from continuing. I cannot concentrate in completing my studies with this annoying racket, especially when I have to wake up at 5:30 in the morning to go to school the next day; plus Boteco Bar has kept our neighborhood unsanitary and dangerous to the neighborhood's children for that many broken glass beer bottles are dumped around on the street in the neighborhood. I recall a time when I saw beer bottles in back of my yard, because in that area, that's where Boteco's waste things are. Speaking of unsanitary conditions, Boteco, during most -- during major festivals have caused carbon monoxide pollution from excessive barbecue, and because my house is right behind them and that my bedroom is directly near them, I got sick, causing me to cough so much. In addition, Boteco's parking is un-takeable [sic]. There are so many customers that there is not even enough space for the number of vehicles they currently account for, and it's impossible to add 85-plus more vehicles. Their valet parking is limited and small. Having that said, where is Boteco going to have their customers park at? I repeat, there's not enough space. And yet, they have the audacity to increase number of seats to continue their business. I say this is very unprofessional. After all the irritation and anxiety they have caused to our neighbors, including myself, I and my fellow neighbors, for one, will not accept such action. Chair Gort: Thank you. In conclusion? Ms. Hammoud: Therefore, without any doubt, Boteco is a disrupting business, for they have brought our neighborhood's reputation down, and they have violated one Florida State law; nevertheless, they represent an unconstitutional business, which leads me and my fellow neighbors to say, after much deliberation, they are no longer welcome to our community and should move out to a different location. No further motion. Thank you very much. Chair Gort: Thank you. Next. Mr. Hannon: Mirvat Karout; Marco Galvan, the manager for Boteco, no? Mrivat Karout: Good afternoon. My name is Mirvat Karout. I live in 889 Northeast 78th Street. Boteco is behind our house. The loud drums, the vibration of the windows; they said that music is not inside. It's outside music with drums; loud, loud drums. We cannot rest. Only we need our peace in our home when we come from work, when my kids come home to study. This is what we are asking, no more music. This is our home, where we can have to rest and feel -- you know, it's home, home sweet home. IfI need loud music, I can go to Collins Avenue. But I'm living in an area for 30 years, beautiful. Why I have to suffer now because somebody needs to make money? Thank you. Chair Gort: Thank you, ma'am. Next. Marco Galvan: Good evening, everybody. My name is Marco Galvan. I am the Boteco owner, and I bought this restaurant in 2011, and the -- I know that the property open in 2007, and, you know, operated between 2007 and the time -- and after -- by the time I bought. And I assume that during the time, there's been a lot of confusion and a lot of you know, abuse to the neighbor. But after I -- and when I bought the place, the restaurant, I bought the place with a lot of violation and a lot of issues. Before buying, I -- you know, I get in touch with an architect, and expeditor, and they told me that it was possible to fix everything for the -- spend money, having patient, but everything was fixable. So -- and after that I bought the property, after I bought the property, I realized there was a problem with noisy. When -- what -- at that time I bought the property, it was used more like a bar, okay? And during this time, we try to change the focus also of our business to put more as a restaurant. In this way, we don't want to have -- we don't need to have the music. This -- I'm saying -- I'm saying here that we don't want to place City of Miami Page 100 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 the music outside. I'm also saying that we need in order to don't work with the music, we need the table outside. And that -- was about the table, somebody say that we want to add the table. We always have the table, but the place never had the permit. So I don't see it's a problem of parking and more people. We going to have the same amount of people. We not going to increase the amount of people adding the table, because we are trying to legalize something that we already have and we had in the past. Chair Gort: In conclusion. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: I know this is the owner of the business. Mr. Galvan: Yes. Chair Gort: He's the owner of the business. Mr. Galvan: Yes. Vice Chair Hardemon: Allow him to speak -- Chair Gort: Sure. Vice Chair Hardemon: -- a little longer. Mr. Galvan: Okay. So we -- so what we want to do in order, we understand that the neighbor have the right to rest and to, you know, and in the night to stay quiet. As I told you, we -- in order to help everything, we already have a project to make -- to put windows, outside window in order to, you know, to stop; to stop the noisy from the people. We not going to have music outside anymore. And also, about the noisy, I want to tell you that in the last 40 months -- 40 months is almost three year and a half -- we are only -- we have 36 call from the police. It is a more -- is less than one call a month. And among this call, nine call is before 11; six call, six call before 12 -- before 11 p.m.; six call before 12 a.m. And most of the call and at least 10 calls was before these hearings and before the past hearings. So we -- and another point: We try to meet with the neighbor, and we try to -- because I want cooperate. I want to help. I think that, also, the business is important, because everybody saying bad things about Boteco, but in 2007, this area was full of prostitute and was full of drug addict. Today, the area is clean. And the first place that went there went Boteco, and after Boteco, all the other business go there. So we cannot see only the negative side. We have to see the positive side, and I think we need to try to, you know, to go -- to mitigate this dispute and think everybody need to be happy. And another place, I'm available. I want the Code Enforcement go there in my restaurant. If we make noise, close the restaurant. There's no problem. I don't -- I'm not going to make noisy. You can put the Code Enforcement on me. But we need -- if I want -- in order to operate, in order to have -- I have 30 employees there. If I can advise everybody, all these people are going to stay without a job. They going to lose the job, because they (UNINTELLIGIBLE) sit outside, all these people. So we talking about 25 family or, you know -- but also, I think we need to see both sides of the issues. And I repeat also to all the person that we are available to cooperate. I ask -- I try to get in touch with them, but I only find a word. This is -- I didn't find any cooperation. I only find the people that is aggressive and they want to close the business. I don't understand why. Thank you. Chair Gort: Thank you. City of Miami Page 101 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Mr. Hannon: Next three speakers -- Chair Gort: Who's next? Mr. Hannon: -- Orlando Hernandez, Herbert Delima and Abed Hammoud. Orlando Hernandez: Good afternoon. My name is Orlando Hernandez. I'm the owner of the valet parking, and I have the proof here that we have plenty place for the cars. And you want me to show you? Chair Gort: Give it to the Clerk. Mr. Hernandez: Have plenty places. By the way, many times, I do not even use the parking. I don't understand why they say I'm have to go park on their place. It's no way. All right, thank you very much. Chair Gort: Okay. Next. Herbert Delima: Good afternoon. My name is Herbert Delima. I'm the bar manager in Boteco. To start, I would like to say that I started working there since they open, before even Marco Galvan bought his shares on 2011. That place -- actually, that community was pretty bad. Every business around Boteco was -- majorly was closed. After Boteco's opened the restaurant, most of the businesses started having businesses. We created traffic during that street. We created -- we actually helped build that community up. I don't know if they notice, but probably, their property values kind of went up because of Boteco. It gave that -- that community was bad before. We gave that community life. And taking out the live music from us is taking life out of that community. I understand they have one family here that's complaining about the music. I don't understand why the other neighbors are not here. They say that all the neighbors are complaining, this and that. I only see three families here and besides -- Chair Gort: Address yourself. Don't worry about them. Mr. Delima: Okay. So basically, what I'm trying to say is that in the good side of Villa Boteco, we help that community went up. A lot of people go from Botec -- I'll tell you like this: People from Broward, people from other states, people from Brickell, people from everywhere in Miami are coming to us. Everybody knows of our restaurant. I understand it's a different business, it's not the same business in any other restaurant, but it's -- I think it's good. Make yourself a critic to yourself. I think it's a good business for your neighborhood. Chair Gort: You're addressing them still. Mr. Delima: Okay, I'm sorry. Chair Gort: You're not addressing them; you're addressing us. Mr. Delima: Pardon me for that. So I'm trying to say to them is that if they stop and pay attention to it, they going to notice that it's not a bad thing for the neighborhood. I understand the music's loud. It used to be way louder before, but after Marco started working there, he bought the place, we fixed the situation with the music. They -- I don't know where they got it from that we close at 4 o'clock in the morning. You could get everybody's clock out, and we be leaving the restaurant at 2 o'clock in the morning. We have the music finished at 11; the most, at 12. Chair Gort: In conclusion. City of Miami Page 102 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Mr. Delima: But anyway, that's all I would like to say to you guys. Thank you. Chair Gort: Thank you. Next. Who's next? Yes, sir. Abed Hammoud: Good evening, Chairman. My name is Abed Hammoud. I live at 889 Northeast 79th -- 78th Street for over 35 years. And we have very quiet street before Boteco move in about 2007. Since that time, we don't have quiet night. And I want to ask you something. And Mr. Marco, he said he is the owner for Boteco. No, it's not true; he's not the owner. He's worked always there, because he told me when I met him in February, two months ago, and I'm going to show you who's the owner. I seen -- are you have copy of this? It show Stefano Canyato (phonetic) is the owner, real owner of that bar. Okay, he's not the owner, and he has to prove what he said. Plus, he mentioned something about prostitution and drug addict. We never had this problem in our area, in our street. It's not true at all. He just move in, and I live -- I was there for 35 years. So, plus he said we have only three family complain. It's not true. We have -- I have here 25 -- 24 people sign petition against Boteco, and I can show you, Chairman. You want to see? Chair Gort: We have copies. Mr. Hammoud: You have copy? Okay, I'm sorry. Plus see that -- okay. That terrace they built, they built it without the permit in 2009. I have here something to show you. And the Code Enforcement, they found out about it in 2012. And since today, they operate on that terrace without any permit. Chair Gort: Sir, we will get all the information from the police and Code Enforcement. Mr. Hammoud: Okay. Chair Gort: We will be asking a lot of questions. Mr. Hammoud: Yes, sir, okay. Chair Gort: Believe me. Mr. Hammoud: When we went for a hearing before PZAB (Planning, Zoning and Appeals Board) in January 21, 2015, they turn him down and I got nine vote for me and two vote for them. And we met with the Mayor in town hall in 2010, May of 2010, and we spoke about it, and you have it here, too. So -- and they have fines for about $163,000 debt today. Chair Gort: In conclusion. Mr. Hammoud: Yes, okay. In conclusion, I have here the police record, and I want to read something in the back of -- one minute, I know it's a lot of work. Chair Gort: We have it all. Mr. Hammoud: Yeah, but since they got the warrant in September, they have more than 50 violation of loud music, and this bar is full of problems. There's like hit and run, a hundred people fighting. I have them all here in the record. And there's a gun, they rob -- there is a robbery in this place, we are afraid somebody jump over our fence, police chase him and shoot somebody in our home, you know. We can't take this. It's a very, very bad place to do business, really. And -- Chair Gort: Sir -- City of Miami Page 103 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Mr. Hammoud: (UNINTELLIGIBLE). Chair Gort: -- I need for you to conclude. Mr. Hammoud: In conclusion, we don't want -- this bar is not allowed -- I mean -- oh, okay, something I need to tell you about it. They -- the owner apply with the City. When he does business with the City, he apply for Boteco Restaurant. There's another Boteco Restaurant in Florid -- in Orlando, so -- but he -- when he apply with the State of Florida, he apply for -- was Florida -- Sunbiz -- he apply for Boteco Brazilian Bar. So with the City of Miami, he's Boteco Restaurant. With the State of Florida, he's a Brazilian -- a Boteco Brazilian Bar. So it's -- he's manipulating system. Chair Gort: Thank you. Mr. Hammoud: Okay, well -- really, this place needs to be closed, really, honestly. Chair Gort: Thank you, sir. Who's up? Mr. Hannon: Chair, the last person I have signed up to speak -- so if anybody else wants to speak, please come see me now -- but the last person I have signed up to speak for item PZ.9 is Vivian Viana. Vivian Viana: Good evening. My name is Vivian Viana. I'm a manager and one of the co -owners, as well. Chair Gort: Your address? Ms. Viana: 916 79th Street, Miami. I don't know where he was talking about the hours. We tried before, yes; we used to close like 2 a.m., 3 a.m. But now, after all the reports for the alarms, we close around 1. If we close at 1, we put alarm. Why? It's because we close at 12, because we need one hour to clean the restaurant before we close. So I don't know why he talk about the music, because we don't have the speakers anymore. We took the speak [sic] out, because we tried to help the community. We understand that they live with their family, so because of -- just to finish this, I don't know what -- when she said that she's be here for -- until 5 in the morning. We are not there until 5 in the morning. Until like midnight, 1 a.m. in the morning, that's it. Thank you. Chair Gort: Thank you. Mr. Cruz. Elvis Cruz: Thank you, Commissioner. Elvis Cruz, 631 Northeast 57th Street. I have a question for Planning & Zoning. Is it true that the 85 seats and 25 tables that were added as outdoor seating for this restaurant did not require additional on -site parking? Mr. Garcia: The establishment presently complies with parking requirements, and the subject of the warrant is the outdoor terrace. I don't know how many seats there are exactly on the outside. There are documents to that effect that are submitted and attached to the warrant documents. They are to comply with that. But what I can assert in response to your question is that they are in compliance with applicable parking requirements. Mr. Cruz: Let me rephrase the question. Is it correct that under Miami 21, the parking requirements for an establishment are based on the indoor floor area and not on any additional outdoor seating? Mr. Garcia: I'm not sure that's the case. Now, if the outdoor area is outfitted for seating, then requirements apply appropriately. City of Miami Page 104 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Mr. Cruz: I ask that question because I sent an email to Mr. Christopher Brimo. I believe he's the head of your Land Development. I asked him that question, and he told me that it is only based on indoor seating and not outdoor seating. Mr. Garcia: Very well. Then I am certain that Mr. Brimo has done the research and has identified the correct section of the Zoning Ordinance that allows this establishment to operate in that fashion. That said, because you bring up the issue, I'm certainly happy to double check. Mr. Cruz: Yeah. And the reason I'm bringing this up is because this is a basic fundamental flaw in our Zoning Code that has existed for years. I'm sure Commissioner Sarnoff can remember back to the Balance Restaurant, where they purposely designed that to have a very large outdoor area to specifically evade and circumvent parking requirements, and that's what's happening here. They are already facing spillover parking in the single-family residential neighborhood behind it, and they've spoken about valet parking in the single-family residential neighborhood behind it, and this is a danger that happens when you have a high capacity business immediately abutting a single-family neighborhood; the spillover of parking, and of course, the noise. Lastly, I want to mention that in an earlier item, you heard an attorney mention case law from the courts regarding preserving the tranquility of residential neighborhoods. And all too often, sadly, it appears that the City favors commercial interests at the expense of the residential interest. I hope that will not be the case here today. The comprehensive plan and Miami 21 are replete with language to protect the peace and tranquility of residential zoning, so please help these neighbors. Please protect the residential zoning from this nuisance. Thank you. Chair Gort: Thank you, Mr. Cruz. Yes, sir. That's it? Okay, we close the public hearings. Got a few minutes for rebuttal. Mr. Fernandez: Thank you. Commissioners, this has turned into a Code Enforcement proceeding. The paperwork that has been submitted by the opponents are basically copies of police calls. They're not descriptive as to the results of the call, and so they are inconsequential. They were submitted at the Planning, Zoning & Appeals Board after the public hearing was closed, and the public and the Planning, Zoning & Appeals Board was misled as a result. We would ask you to consider everything that your professional department has said in relation to this application. The fact that you have an owner that is trying to make this restaurant a better restaurant; that is prepared to spend money to provide additional features -- windows, noise abatement products -- to make this more compatible with Mr. Hammoud's property. He happens to be next door to a commercial site. That's not going to change whether it's this or another site. He is proximate to it. We've been trying to be sensitive to that. We had a meeting with him. He never called back Code Enforcement. We met out at the site. We told him we wanted to bring back a solution. He never called Code Enforcement back; decided not to meet with us. So we have done everything that we can, and we would ask you to give this operation a chance. And as Mr. Galvan said, he's welcome to submit to Code Enforcement. Have Code Enforcement go down and monitor the operation. Thank you. Chair Gort: Thank you, sir. Close the public hearing. Commissioner. Vice Chair Hardemon: Mr. Chairman, this area on the Upper Eastside is an area that, of course, was recently added to District 5. We know that it was a part of the well -dressed Commissioner to the lefi of me's [sic] district for a very long time. In fact, in most of the material that was provided to us on behalf of the family that presented its opposition to this warrant, there's actually an article that shows a picture of the Commissioner to the lefi of me. So if he could just provide just a little bit of detail, and what he remembers, if any, regarding this issue. And I will be clear that this warrant is for outdoor seating. And when I consider the warrant is for outdoor seating at a restaurant where there was already outdoor seating, so this restaurant is now trying to come into compliance, which is something that we encourage within the City of Miami, and I City of Miami Page 105 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 think that anywhere, you should encourage people to come into compliance with the applicable laws. And so when I consider that this is a warrant for outdoor seating, most of the issues that I've been hearing from the community is about the loud music; the loud music that has been keeping certain individuals from sleeping, from studying and things of that nature. There was also discussion about parking woes and such, but there was some evidence put forth about available parking through the lots that was provided through the City Clerk's Office, but there was about three different lots that service this restaurant for parking. However, that is not the issue before us today. The issue before us today especially that we must consider is the warrant for outdoor seating, but I'm sure, especially with the reputation of my Commissioner to the left of me, that we have tried to address this loud music before. And so now, we find ourselves another opportunity to address two things: One, loud music; and then 2, denying or approving a warrant for outdoor seating. So if you could, just a small bit of history in dealing with this establishment. Commissioner Sarnoff Yeah. This particular venue was the subject of a great many noise complaints basically when I first took office -- well, shortly thereafter. Just by reviewing, Commissioner Hardemon and Mr. Chair, the first 50 complaints, 31 of those 50 complaints -- so this would be 2007, 2008 -- we actually didn't have enough police officers to respond. So 31 times out of 50, they were called off the complaint, because we just didn't have enough police officers and a more important call came in. And to be quite candid with you, I think noise has been an issue in the Upper Eastside, especially around this area, for quite some time. I'd offer you if you'd just look at the last 50 complaints, then the complaints change, but noise is still a complaint. I do consider myself what I call "an expert amateur. " I probably get more noise complaints of the other Commissioners times five, because people tend to build these buildings now with bars below, and I don't know why they think the noise is going to be contained or how that noise is going to be contained. And the people that live above are primarily the complainants. And that happens on Brickell a lot. But the Upper Eastside was always an issue, as well. You know, this -- there are 400 calls for service to this establishment. I would bet you that nobody pays enough taxes for 400 calls for services to an establishment. You know, I would now -- you're the district Commissioner of that district. I don't think I could support -- and I try never to interfere with another Commissioner's district -- but I don't think I could support -- I don't know if the words is "rewarding," or providing somebody with more exterior space to -- which will inevitably turn into more noise. I say something in my office almost every day, Commissioners: "Everyone in the City of Miami is entitled to a good night's sleep, because we tax them like they got a good night's sleep." And I don't know that we oftentimes consider how the residences get that good night's sleep for a host of different reasons, but when you put a business establishment that's primarily -- there have to be -- in 400 calls, there have to be -- if you just do a -- I only audited the first 50, and I audited the last 50. There has to be over 150 calls for service just for noise. Now, also, I call to your attention there are a number of calls for service for some violent behavior. It's not -- you can't ignore that. I don't know the outcome of it, but I do know from a resource standpoint, City of Miami police officers are being called over 400 times to this establishment. I -- you know, unless you can come up with a very persuasive argument to me -- and I very rarely ever go opposite of another Commissioner in their district, because I think you know your district better than anyone else -- it'd be very hard for me to support giving them the opportunity to make more noise. Vice Chair Hardemon: Thank you. Mr. Chairman. Chair Gort: Yes, sir, you're recognized. Vice Chair Hardemon: I am outraged at the number of calls that come to this establishment. Unfortunately, I don't have comparative data to determine if this is something that is out of the ordinary for establishments that are similar to this, and maybe within the same jurisdiction; I don't know that. What I know that I was presented was just a plethora of information that talks about calls to this restaurant from -- it has calls regarding noise to many other things. I am somewhat moved that since these calls came in, in 2007, you have a change in ownership. There City of Miami Page 106 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 was testimony that was put forth before this body that since the new ownership came about, they've made changes. They removed outdoor speakers; they've changed the decibel at which music was being played inside of the restaurant, and so I take that into consideration. However, the fact of the matter is, and it will always remain, that the residents who live within this area have a right to quiet enjoyment of their property. Now, additionally, those who have an establishment for commercial purposes for business have a right to pursue their American dream, also. And so we have to figure out a way to balance those rights in what we call America. And when you have -- and this should be a lesson for anyone who's buying residential property that abuts commercial properties that you have the potential that there will be some type of use of that space that you don't necessarily agree with, and I find that this is one of those uses. Here, the residents came first. And that doesn't mean that the residents are right, but I do believe that the residents are justified in their disgust with this operation. With that being said, we are here about outdoor seating. And so when I take into the consideration why we are here and that there was outdoor seating at this restaurant before, and I didn't hear of anyone on the record complain that there's too much outdoor seating. I heard no one complain that it's -- about that particular issue in regards to this restaurant. And so I began to wonder then, what is the real complaint? And the real complaint that I've heard time and time again, from 2007 to now, is the noise. And so with that being said, I would like to consider what are our options for mitigating the noise. The owner came before this body and he stated that he would redesign some of the outdoor areas where there was glass opening. You said it also. There's a glass that will prevent noise from emanating outside of that restaurant to the neighboring community. Has that happened before? Was there any other attempt to create any type of noise abeyance before? Mr. Fernandez: Not -- no, not -- other than just removing the outdoor speakers and, you know, turning down -- no outdoor music at all, putting it all inside. That was the first step, but no step to physically improve the structure to make it more soundproof. Vice Chair Hardemon: So the conditions that the owner is willing to make is: One, to continue to not have any music emanating outside of the restaurant; and two, creating a structure in which you have a physical barrier that would keep noise from emanating into someone's nearby home; is that correct? Mr. Fernandez: That's correct. Vice Chair Hardemon: The -- we're weighing so many chfferent interests here, and one of the interests, of course, that we're weighing is the fact that this restaurant does provide -- well, one of the things that I can consider that I look to is that what this restaurant is doing for that community. And I think we heard testimony today that before this restaurant came that there were prostitutes and drug use in that area, and that this restaurant spurred the economic development of other entities coming to that area. So there is obviously some good that has come along with the bad. However, the bad is something that is just plainly unacceptable. And the owner of Boteco should understand that this Commission will not tolerate the type of violations of noise ordinances that we have. Now, it's unfair in many ways, because it seems that the City was not in receipt of a lot of these noise complaints, because the complaints were not being made to the City. The complaints were being made to the Police Department, which is a different nature in and of itself, and I cannot blame that on anyone, but it's just -- it is something that we should know now. If you are near this property, you want to be able to call -- what is the? -- it would be 4-1-1; could you call 4-1-1? Well, what's the number that you would call? Mr. Fernandez: Three. Vice Chair Hardemon: Three -one -one. I'm sorry. You call 3-1-1 to make complaints of this nature, because 3-1-1 is the way that the City now becomes knowledgeable about these types of incidents that are occurring, so we can make the necessary steps to correct this behavior. But today, now, this becomes our new evidence for 3-1-1. And I think that the City is on notice that City of Miami Page 107 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 there is a -- there was -- there has been a major problem in this area. What I'd like to see -- well, first, we've heard some evidence that's been stated or testimony that said that this warrant would grant new seating or would allow for more patrons, and there has been evidence or testimony that's been stated that rebuts that, that says that, no, this will sustain the number of chairs that were there and the seating that was there in the past. It's just that we're -- that the restaurant, rather, is applying for the warrant for outdoor seating, so it will be app -- it would be allowed under the law. Now, I will tell you that I think America is the place of second chances, and many may say first, second, third, fourth, fifth, sixth, fiftieth, maybe one hundredth, to take your thunder away from you. However, this is the first opportunity that we've had before this body to see this document come before us, this issue come before us in a way, and with that being said I want to keep a very tight leash on what we have here before us. And so, to me, what does that look like? I think that we need to ensure on the City's behalf that: One, If this was to be approved, it would be a conditional warrant, if the law allows a conditional warrant, that would not permit outside music; that would require the building or the creation of the noise barriers that were described today; and that -- I mean, what do you think is fair, Commissioner Sarnoff, as far as if we were to check back up on this restaurant in six months; is that a fair amount of time? Or do you think three months; is that fair? Commissioner Sarnoff The Chair wants to say something. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Let me add a little bit. I think the parking -- although you have valet parking, a lot of people don't use the valet parking and they park all over the place. That's something you need to look into it. Mr. Fernandez: Commissioner, to that point -- Chair Gort: Excuse me, let me finish. I'm discussing right now. I think also, it's very important to know the amount of people allowed, not only by our Code, but by Fire Department, because a lot of times, a lot of these places, they have a special event where they bring a lot more people than what is supposed to be there, and that creates a major problem. I mean, I saw a couple things in here about people called because of fighting and so on, and that takes place when you have too many people in a small space. So this is the things we need to look into. Vice Chair Hardemon: So if -- and Mr. Chairman, and I would definitely accept your input at this time. I don't want to -- there's two things that are here. I do not want a community to suffer from insomnia because of the loud music. I also do not want to see a business in our community close because of not being able to provide the adequate seating that they need to service their patrons, and so we have to find that compromise. And that compromise may be something that is reasonable, or may not, but I feel that time will tell that. And the only way that we can determine whether or not that compromise is reasonable is by giving the set of parameters that would allow this business to come into harmony with that community. And so with that being said, as described earlier, what I would recommend -- and I would accept any other friendly amendments to this -- but that the requirement for conditional warrant approval for outdoor seating be that there is no loud -- there is no music played outside; that there is the construction of the noise abeyance glass material that was described earlier on the record; that they come -- "they," meaning Boteco -- come -- should they come -- they would come before -- Chair Gort: Operating hours, too. Vice Chair Hardemon: Oh, the operating -- right, okay. Chair Gort: The amount of people. City of Miami Page 108 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Vice Chair Hardemon: The operating hours -- currently, they close at 12 and they clean till I? Mr. Fernandez: Yes. But the warrant, itself, the approval contains a condition that there be no music past 11 p.m. Vice Chair Hardemon: All right. Mr. Fernandez: They presently close at -- Chair Gort: Right now, there's no music outside. Mr. Fernandez: -- 1. Vice Chair Hardemon: Right. Chair Gort: Close at 1 a.m. Mr. Fernandez: One a.m. Barnaby Min (Deputy City Attorney): Just to clarify, the warrant says "no music outside." Mr. Fernandez: Correct. Chair Gort: Yeah. Vice Chair Hardemon: So there'd be no music outside. I'm trying to think of other conditions that are not present on that conditional warrant. And Mr. City Attorney, who -- what body would this entity come before if we want to have checks to see how often -- or to follow up on these conditions to see how they have been performing within these conditions? Would they come before this body or before another body? Mr. Min: The Commission -- if you wish to delegate that authority to the Planning, Zoning & Appeals Board and/or the Planning director, you certainly have that prerogative; or you can require them to come back to the City Commission. Vice Chair Hardemon: Okay. What I'd like to do, members of the Board, would be to have them come before the Planning director, and then if they're not in compliance, based off what the Planning director has witnessed, then the Planning director will be directed to bring the issue before the City Commission. So what I'd like to see is an update on these conditions every four, three -- I'm looking to the family. Would you like to see it every three months, every four months? Three, four? Four. So I'll make the updates to the Planning director every four months so we can make sure that we're following the conditions of the warrant that is subject to be revoked if they're not within their -- within the conditions of the actual warrant; and then to include all other conditions of the conditional warrant that was issued in the very first place that was appealed. So that will be what I would require, and with all of that stated, I would move -- so then to say -- the language would be -- Chair Gort: Let's go over the conditions again. Vice Chair Hardemon: Okay. Let's see. The conditions that are actually within the warrant, in and of itself that are stated within the warrant are: That beer, wine and alcoholic beverages may be consumed both at tables and counters, provided in its conjunction with the principal and primary consumption of meals. Records of all purchases and gross retail sales of food and non-alcoholic beverages and all purchases of gross retail sales of alcoholic beverages must be maintained separately. The records required above must be maintained on the premises or a City of Miami Page 109 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 designated place approved in writing by the City for a period of three years, and shall be made available within 14 days upon demand by any office of the City. It shall be unlawful to play or operate music boxes, jukeboxes, radios, music -- musical instruments or other musical devices on or about the premises between the hours of 11 p.m. and 7 a.m. the following day unless said music devices are played or operated in a closed building and the sound is not audible from the outside of the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. Any noise generated on the site shall conform to Chapter 36 of the City Code noise regulation. And a failure to comply with the conditions herein shall result in this warrant permit being revoked. In addition to those stated conditions that are there -- and so the loud -- the music from outside is already included within that -- we'd like to add the requirement that there -- that they build the -- and I can never think of a proper term for it. Mr. Fernandez: They're basically window enclosures that will mitigate the sound; the hurricane proof windows. Vice Chair Hardemon: That will mitigate the sound that is projected outside of that establishment. And then, require that every three [sic] months from this day forward that the restaurant have its -- the conditions that which they've been ordered to comply to -- Mr. Fernandez: Reported to the Planning director. Vice Chair Hardemon: -- be reported to our -- to the staff. And if there is any of those conditions that are not being adhered to, that those conditions -- that the entire situation be brought before the City Commission. Mr. Fernandez: Okay. Chair Gort: I'd like to add to it the capacity according to the Fire Department requirement, the capacity according to restrictions. And also, I'd like to add to it to -- I'd like to have the Code Enforcement to check on it on a weekly basis for the first month to see if they will comply. Now, we need to understand we got to work with each other. And I know this is your job, you want to keep your jobs and so on, and so do we. We want you to work. But at the same time, you got to make sure that the residents in the area are having a good life, and they can sleep, and they can relax, and they can have their home, which they paid for, for a long time, and that's their castle. And we -- sometimes, we invade people's castle. We shouldn't be doing that. So we all have to be good neighbors and very respectful to each other. And if they have a problems, I think you can find the solutions, and I'm sure we done that in the past. But we have to put these restrictions on it, but we want to make sure that we going to comply with all these restriction. If you don't, you lose your permit, according to the motion. Vice Chair Hardemon: Yes. And Mr. Chairman, and I must reiterate that we have no patience for a restaurant or any business that, after they've been warned the way that we have today, chooses not to comply. We understand that there may be issues, it may take a little bit of time to get the -- an actual permit to create the out -- the noise reflection system or however you want to call it. But if you are violating the conditions of this warrant, we will waste no time in revoking the warrant. So please understand that clearly, and be good neighbors to the people that reside within that area. Chair Gort: Okay, is there a motion; is there a second? Vice Chair Hardemon: So moved as stated before. Mr. Hannon: And do you accept the additional conditions presented by --? Vice Chair Hardemon: Yes, I do accept the friendly amendments, yes. He's not going to second. City of Miami Page 110 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Mr. Hannon: Chair, you can second the motion. You don't have to pass the gavel. Chair Gort: I'll second; further discussion. Commissioner Sarnoff I absolutely respect -- and it's very unusual for me to be exterior of my boundaries, but, you know, I've dealt with noise. I've dealt with this restaurant. I've dealt with this situation. And there is nothing here that's been suggested to me that would expand their role. As a matter of fact, given my druthers, ifI had the authority, I would do just the opposite. There's nothing -- there's no noise attenuation, there's no magic bullet. They shouldn't have called Code Enforcement, because our Code Enforcement Department doesn't operate that time of night. They called the people they were supposed to call. It's demonstrated that we don't even have an adequate police force, because most of the times, a priority 5 call is replaced with a priority 6 call; it continues throughout. I can't; I can't ignore what I'm reading. I can't ignore what I'm seeing. There is no plan to fix this that I can vote for. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: And the way that I read these documents, as I stated before, I'm appalled by the number of calls that were gone -- were made to the Police Department in reference to this restaurant. What we're here about, though, is not loud music -- I'm sorry -- it's not loud music; it's about outdoor seating. And one of the issues that has come about because of this warrant for outdoor seating is the issue of loud music. And so when I consider the fact that even in the district Commissioner Sarnoff represents that there are many businesses that are going to receive complaints about loud music. And so many of those businesses, including one that we've recently dealt with, House, which is within District 2. And within District 2, with House, we've given them restrictions to the loud music, to playing music outside and allowed them an opportunity to come into compliance. I do not see the issue, Mr. Chairman, with giving a similar opportunity to this place. I think that that is what we are here to do; to provide opportunities for people to comply within the law. And so this is an opportunity for them to comply within the law and I think it is very clear from what I've stated before that if they do not comply within the law regarding loud music -- not outdoor seating, but loud music -- in conjunction with all these other elements, they will not have the approval for outdoor seating. And so I'm asking that you give this business an opportunity to survive by giving them a conditional warrant and by approving it. And if they do not follow the law, then revoke the conditional warrant and let the dust settle where it may. Mr. Fernandez: Commissioner, I can assure you, this is not House, andl can assure you that Mr. Galvan is making sincere efforts to -- Chair Gort: Let me tell you -- Mr. Fernandez: -- make this work. Sorry, Mr. Chair. Yes, sir. Chair Gort: It's very simple. You going to have two votes, and the only reason I'm supporting the new Commissioner in the area is because I think he deserves to be given a chance to, but I want you all to understand, you are in a very dangerous zone. You guys going to have to do a lot of work to make sure that the residents of the area are comfortable with it. And also, the Code Enforcement, I want to make sure next -- I'd like to get reports in every Commission meeting from Code Enforcement. They have to comply with all the restriction we set. And they break any of the restrictions, that's it, you're out. Okay. Mr. Min: Mr. Chair, before there's a vote -- Mr. Fernandez, is your client agreeing to the City of Miami Page 111 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 conditions that have been proffered? Mr. Fernandez: Yes. Mr. Min: Thank you. Chair Gort: He has to, exactly. Okay, all in favor? Aye. Vice Chair Hardemon: Aye. Commissioner Sarnoff. No. Mr. Hannon: As amended. Chair Gort: As amended. Going to need five. PZ.10 RESOLUTION 15-00001ww A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING WITH CONDITIONS A REDUCTION OF THE WATERFRONT SETBACK REQUIREMENTS PURSUANT TO SECTION 3(MM)(III) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE ONE BRICKELL PROJECT TO BE LOCATED AT APPROXIMATELY 444 BRICKELL AVENUE AND 77 SOUTHEAST 5 STREET, MIAMI, FLORIDA. 15-00001ww Fact Sheet.pdf 15-00001wwAnalysis and Recommendation.pdf 15-00001wwApplication and Supporting Documents.pdf 15-00001ww Legislation (v3).pdf 15-00001ww Exhibit.pdf 15-00001ww-Submittal-Bernardo Fort Brescia -One Brickell Presentation.pdf 15-00001ww-Submittal-Brett Bibeau-Miami River Commission Recommendations.pdf 15-00001ww-Submittal-Michael Gongora-Brickell on the River Master Association, inc. board of dir LOCATION: 444 Brickell Avenue and 77 Southeast 5 Street, Miami, Florida [Commissioner Marc D. Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of 444 Brickell Partners LLC TRS 444 Brickell Land Trust FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval, subject to conditions. PURPOSE: This will allow the construction of a new waterfront building along the Miami River for the One Brickell project. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo City of Miami Page 112 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 R-15-0201 Unidentified Speaker: PZ. 6. Chair Gort: (UNINTELLIGIBLE). Francisco Garcia (Director, Office of Planning): Items 5 and 6, sir. Items PZ 5 and PZ 6 are companion items. Chair Gort: Let's do 10. Let's set up for 10. Mr. Garcia: I'm sorry, sir, the district Commissioner for items PZ. 5 and 6 has briefly stepped away. Chair Gort: PZ 10. Mr. Garcia: Yes, sir. Chair Gort: No, he's here. Mr. Garcia: Very well, item PZ.10, then. Item PZ 10 is before you as a special hearing on a waterfront waiver. This is a request for a project to be developed at a parcel with address 444 Brickell Avenue, and the proposal includes what is essentially an encroachment; not into the ground level, but in the air space over the waterfront setback that is required, and that encroachment is partial in nature. It happens for approximately 65 feet of the otherwise open area, and for those 66 feet -- I apologize -- 66 feet that waterfront will be covered, which is actually arguably a positive thing. In any event, that coverage will happen at least 25 feet up in the air, so 25 feet up in height; otherwise, the riverfront walkway improvements will be according to code, and fully compliant. We are recommending approval, and I'd defer to the applicant if they care to make an elaborate presentation. Chair Gort: Yes, ma'am, you're recognized. Iris Escarra: Good afternoon, Chairman, members of the Commission. Iris Escarra and Carlos Lago, on behalf of Greenberg Traurig, 333 Southeast 2ndAvenue. I'm joined here today by Carlos Rosso of the Related Group and Sonia Figueroa of the Related Group; as well as Bernardo Fort -Brescia and Alfonso Jurado, of Arquitectonica; Juan Espinosa, of David Plummer, our traffic engineer, is here. With regards to the application before you, the City Charter requires that you have not only the 50-foot waterfront setback, but also 25 percent of your lot width needs to be open for access to the water. Here, the frontage along here is 384 feet, so our side setbacks are 96 feet, which are very onerous for a site such as this. We've provided 30 feet along the west, abutting Brickell on the river, and we've provided 66 feet at the ground floor level here, abutting the Brickell Bridge. This is actually elevated here as you go up on the Brickell Bridge. The 66 feet are open at the ground; then for 22 feet, at the largest point, the building has a jagged edge, which you see here, as the levels go up, that kind of encroach into that space. So on the ground, you have your open 66 feet; however, above, at the mo -- the greatest point of this building is 22 feet, leaving 43 feet open to the sky and continuous all the way to the waterfront. We've received a recommendation of approval from the Miami River Commission. We've received recommendation of approval from the Urban Design Review Board, as well as the Planning Department. We're also -- this is a very important site for Brickell. This is one that -- where the Capital at Brickell site is, and also the Federal offices in the rear, which was one that's had these buildings here since the 1970s, and nothing's really happened. However, the developer has proffered to go under the bridge, create this connection here, which is an extremely important connection to be able to connect the Miami Circle going west along the river walk. One of the things that we did with the River Commission, we even proffered to City of Miami Page 113 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 put, depending on the phasing of the project, a temporary structure in order to open this between the two phases, because an important aspect of our project is this connectivity right here under the bridge, connecting the circle and connecting the other areas of the bridge. In addition to what we're proposing, we've asked for some administrative waivers from the Zoning Department, which are not included in the application before you here today. One of the things that we've also done with regards to our project, we've been working with the community for a significant amount of time since we filed our application. We ask this Board for two deferrals to allow us to continue to do so. One of the things that we did work with is actually the parents of Southside Elementary School. So Southside Elementary School is actually located over on Coral Way and 12th Street. They came to us because they had concerns regarding the capacity at their school, and all these different projects that are coming into the Brickell area with density -- it's an increased density area of 500 units per acre. Through the Administration, and through Commissioner Sarnoff and the School Board, which you'll hear about earlier today, I think we've come up with a program which would actually help increase the school capacity in the Brickell core area. We're excited about that opportunity. We'd like to participate in that, because it's an important factor, and we think that in working together with all the parties involved, we can make it happen. In addition to that, I'd like to introduce Carlos Rosso of the Related Group, which is going to talk shortly and briefly regarding the project; then Bernardo Fort -Brescia will introduce you and walk you through the project. We also have our traffic engineer here to answer any question. Chair Gort: Thank you. Carlos Rosso: Good afternoon, Commissioners. Carlos Rosso, 8431 Southwest 52ndAvenue, Miami. This is a very important project for us. It's a legacy project for Jorge Perez. It's the entrance of the Miami River, and it's the first image that we see in any Miami Heat game or in any televised image of Miami. This is going to be the signature project for Miami, and we are real excited, because we think that it becomes part of a whole vision of what an urban pedestrian Miami should look like in the future. Part of our intent initially when we started designing the project Bernardo Fort -Brescia was to activate the ground floors, all the ground floors; the ones along the river walk and the ones connecting to the Miami Circle, to Brickell City Centre through this connection next to My Brickell that is here, to Brickell City Centre and to all the projects that we have in South Miami. It's part of our vision that we are trying to implement and that we've come to the Commission and to different boards to try to help us support, which is create a whole link around Brickell, a walkable link, a runner -able [sic] link, a place where families can enjoy the beauty of our river and the beauty of the water. And with that said, you know, it's been a challenging project. It's a project that has been designed with the market in mind. It's a project that is going to be designed in two phases, with a first phase in the back of Two Towers and a second phase where the Capital Grille Building is. As part of our project, we are relocating Capital Grille. We worked out a deal with them to build them a new restaurant on the river, which they're very happy, and we think it's going to be a successful restaurant, the same way that Cipriani's or Cantina la Veinte, which are in our icon Brickell project, are being extremely successful now. We think it's part of the final piece of the puzzle of Brickell on the south. And again, it's part of the vision of George and of Related to try to activate and to add more pedestrian uses to Miami. With that said, I think I want to welcome Bernardo to explain you a little bit more of the vision and the program of the project. Bernardo Fort -Brescia: Thank you. Good afternoon. I'm Bernardo Fort -Brescia, 2900 Oak Avenue, Coconut Grove. I'm going to take you through the images of where the site is as a reference for those in the audience. You all know the location of the property. It's a fairly square property, quite deep with respect to the other properties in the City, but most importantly is that the subject area of today is a portion that is next to the bridge. So already, it's an area that is quite -- is un-built. The next building is quite far and there's a park across the street. These are some of the existing conditions of today on the site: the old Customs house and its parking lot and parking garage in the 444 Brickell Building. So the most important thing that comes up in City of Miami Page 114 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 these projects is what happens on the ground floor. And if you look at this drawing, you can see that the entire waterfront has a series of restaurants that are facing a terrace that is adjacent to the public walkway along the river; and that all the drop-offs are concealed and internal, including all the white area which is the loading, so it's invisible from the street. And along the walkway that we're referring, that is the issue of today, on the right-hand side, you can see where the bridge is located, and there is a cafe; there's a lobby lounge of the hotel, it's a five-star hotel; and there is a restaurant on the corner as it opens up, as the building opens up to the waterfront. There's a portion adjacent to these three functions -- the hotel lobby lounge and the two restaurants -- where we have a covered arcade, a very tall, covered arcade that actually sort of brings back the history of Miami when there were tall, covered arcades along many of the streets of Miami; in fact, all of Flagler Street was that. And so it is a public space, and the encroachment starts way up from that arcade up in the sky. And you can see here the landscape deck of the building where the three towers are surrounding what will be a beautiful garden with a cascading pool that comes all the way to the edge, looking out to the mouth of the river. And you can see here the arrangement of the towers with multiple swimming pools. There are three swimming pools and the gardens that occupy the upper floor. So here, I show you the subject of this hearing is this walkway where you -- where the bridge is. To the right, there's an embankment and to the left is the arcade I'm referring to. And the encroachment that we're discussing is way up there where you see those balconies, there is -- and where you see the top of the colonnade that marks this lobby and restaurant area. It is -- you can see here what happens in section and it's a very lush area. It's a very large, lush area. And the point of reference is there's no blockage of the view corridor at eye level. What we're discussing here is a minor encroachment way up in the sky in the upper levels of the building. There's a very clear view from the street all the way to the river, and these are some of the aspects of the waterfront walk. Now, I'm going to show you that you can see here the new waterfront that is being proposed here. You see the dining terraces, and the landscaping next to the river, and what will be finally an extension from the park to the rest of the river. Right now, people with their dogs who are jogging are blocked by the embankment of the bridge. And there are three arches that occur there. You can see here where the building is, and you'll be able to actually go under the bridge through those three arches and finally connect the bay front with the river front, essentially. This is an important aspect of this development, because you finally -- it's the missing link that finally will take you all the way upriver from the mouth of the river. These are some of the examples of the space and how you'll be able to make it all the way through. And with this -- I'll leave it here - - you can see the building, the river to the right, and the bridge. And the point of reference is that lit up area in the lower portions underneath the terraces where we create this overhang that - - I believe it is good because it also provides rain protection for those going from the sidewalk to the river. Thank you. Chair Gort: Thank you. Ms. Escarra: With that said, we also wanted to put into the record a couple things. With regards - - we've been working with our neighbors at 500 Brickell, as well as Brickell on the River. We've deferred it a couple of times. We've had several meetings, several phone calls to try to reach an agreement. Various of the things that we've proffered to them is -- we understand that this is a site that's going to be developed and it's a site that's going to have construction noise. So one of the things that we've done is we've proffered to both our neighbors a site assessment; meaning we're going to send someone, a company that we mutually agree to, out there; visit the site, video-tape it, take photos; see how it appears before construction and see how it appears at the end of construction. And they've proffered to take care of any impacts to those buildings as a direct result of the construction. In addition, we've proffered to mitigate our noise, additional security, construction accessibility. We've agreed to provide anticipated notice before we do anything on the street. We've agreed to have additional officers on the street when necessary, especially during pouring, and coordination and traffic impacts. So we're hopeful that we continue to work with our neighbors, and reach an agreement with them and finalize that; however, at this time, we do not have such an agreement; however, we are hopeful that we will. City of Miami Page 115 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 We wanted to just put on the record the things that we've proffered to them. We understand, and we continue to work with them. Secondly, I just wanted to reiterate we worked with the School Board. I think that this is an exciting opportunity that's going to be presented to you later today, and we're very happy to be able to participate in that. With that said, I'd like to just incorporate the record below and save time for rebuttal. Chair Gort: Thank you. Could you put that down so the -- Ms. Escarra: Sure. Chair Gort: -- public can see this? Do we have speakers? It's a public hearing. Todd Hannon (City Clerk): Yes, sir, Chair. The first three speakers: Marnie Ragan, Elena Bondarenko and Isabella Ramirez. Later... Chair Gort: Okay, public speak. Mr. Hannon: First three speakers for item PZ.10: Marnie Ragan, Elena Bonderenko and Isabella Ramirez. Marnie Ragan: Good evening, gentlemen. My name is Marnie Ragan, 14 Northeast 1st Avenue. I'd actually ask your permission to speak. I've registered as a lobbyist. I haven't yet completed the class, but I would ask that I be permitted to speak on behalf of my client. Commissioner Suarez: I have no issue with it. Ms. Ragan: Thank you very much. I represent 500 West Brickell Condominium, the next door neighbor of this proposed project, which, I admit, is absolutely beautiful; I do think it's a bit too mammoth. We're here today on the waiver for the setback. What you see with that is you see density, you see more units. These are an 80-story, a 75-story and over 50-story tower; 1,400 units; 125 lodging units; 1,900 parking spaces. I just don't believe that the density of this area can withstand this type of a development at this time. I applaud the Commission on their efforts for transportation for schools, but I think that those approvals and solutions need to come before this type of a project can be approved. You know, I've been here all day -- well, not all day. I apologize. This afternoon, we're talking about compatibility in neighborhoods. I don't think this is compatible right now. If you work downtown, it's a nightmare traffic -wise, density -wise. I can certainly understand what the schools are saying. There are families here. Again, you look at the picture that was just taken down. 500 West is a large building; 500 Master Association in the East Tower, as well. This absolutely dwarfs that. I don't think that we're in a position today to allow these types of approvals. I don't think that all the Code compliance has been submitted. I understand these are a bit outside of your territory for some of these issues, but they do fall hand in hand, because approval of this one waiver today allows for this type of density to continue, this type of units. This density is just too tremendous; the traffic can't withstand it; 1,400 units; 1,900 parking spaces. It's just not going to work. But I -- again, I'm a novice to this, so I would defer some of my time to more -- some of the more experienced individuals that will be speaking behind me, so thank you. Chair Gort: Thank you. Mr. Hannon: Elena Bonderenko, Isabella Ramirez. Elena Bonderenko: Good evening. My name is Elena Bonderenko, and I'm here on behalf of the Southside PTA (Parent/Teachers Association). We actually have a number of parents present, City of Miami Page 116 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 and I would like them to get up. So most of them will not be speaking, but I'm sure they would want to see -- they would want you to see their support. We are actually -- we've been working on a major advocacy campaign over the past months in order to address the needs of our school in the community. We're seeking an expansion of Southside facility in the K8 conversion. I hope that today, we will be able to convey to you the extent of the urgency of the situation and the solutions that we see that need to come in place. We have reached out to all the parties involved and are very, very thankful for the support from you, from the School Board and from the Related Group. As you may have heard, Brickell is being promoted as a place to live, work and play. And as Commissioner Sarnoff said, well, that's not entirely possible without one very, very important component: ability of Brickell residents to provide quality education to their children. We should be able to live, work, play and learn. People move to Brickell to be near their work in order to avoid the tremendous traffic of driving in and spending hours trying to commute. And as Brickell residents, we are not able to take our children every morning outside the area to a different school, to a different middle school, and then drive back in traffic and try to make it on time to work. This is why we came to live in this neighborhood. Raising children in Brickell is not easy, and we deserve a proper school facility that supports our community. A little background on Southside: We're the only public school that is located in the Brickell area, and we've been there for over a hundred years old -- years ago. We have some older buildings on the property. They are currently closed due to structural issues. Currently, the 2009 building is the only building that's functional. It has capacity for 700 children, and we have 850 students at the school. So we are 150 seats over capacity. The cafeteria at the school was constructed in 1925, and it was very suitable for the time when it was built when the number of students was maybe a hundred. Currently, we have 850 children, as I previously said. In addition, the school lacks appropriate recreational facility, and it clearly lacks student seats. This Commission approved a lot of development on Brickell, and as a result, there are approximately 7,500 new residential units that are coming online in the next two years. We are concerned where those children are going to go to school. We are scared of what's going to happen to Southside, even this fall, when hundreds of new students will be joining. And today, we're here to ask for your help. We are glad that you approved the legislation that Commissioner Sarnoffproposed to allow the TDR (Transfer Development Rights) piece to be directed to creation of new student seats. However, we would like to request either an addition, or have a condition included in the order for the project that would actually require the funds that would be collected for this particular project or for projects in the future in the Brickell area to be directed specifically for construction of a new facility at Southside K8 conversion. We are advocating for the conversion of Southside to K8 to provide middle school options for parents in the area. It would help reduce traffic significantly and prevent families from simply moving out of Brickell once their children age out of elementary school. In order to accommodate the new development, including the application that is here in front of you today, we need a new facility containing at least seven to 800 student seats, indoor gymnasium and a cafeteria of appropriate size. Another -- the -- one of the options that we've heard is -- are the satellite classrooms. The satellite classrooms would not work in the situation, because we will not -- they will not be able to provide our children with appropriate after -school care, library, playgrounds, and most importantly, the sense of community, which is what holds our society together. Also, families are desperate for middle school options here. As a result, the TDR, they should not be simply assigned to a school fund; they should be specifically allocated to Southside expansion and K8 conversion. Chair Gort: Ma'am, in conclusion. Ms. Bonderenko: Hmm? Chair Gort: In conclusion. Ms. Bonderenko: In conclusion -- Chair Gort: Yes. City of Miami Page 117 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Ms. Bonderenko: -- well, the TDR fees, as we said, they should go directly to Southside. One more thing is the school impact fees, and we discussed it previously, and Section 33(k) (9) of the Code allows the developer to pay the funds directly to the educational facility and then have those funds credited to them during the impact fee collection. We would like for this development to do the same thing so that we don't have to wait for those impact funds for, you know, years to come, and to be able to do something and solve the situation at the school. So we would like -- Chair Gort: Thank you. Ms. Bonderenko: -- thank everyone, the Commissioners, Related Group, the School Board for the support and the work that they did. Chair Gort: Thank you, ma'am. Next. Unidentified Speaker: We need the microphone. Isabella Ramirez -Cruz: Hi. My name is Isabella Ramirez -Cruz. I am a second grader student at Southside Elementary. I am here because I want a better school for my brother, my friends and me. Everybody is here. I am the president of my class. My friends want you to know that we need a bigger cafeteria, and a better PE (physical education) area. I love my school. I walk to my school every day. I would love to stay at Southside Elementary until eighth grade. Please help us to make Southside Elementary bigger and better school for us. Thank you. (Applause) Chair Gort: Whoa, whoa, please don't, please don't. See, everything we applaud, we hold it, we still have couple of more items that it's going to take a lot of public input, so, please, instead of applaud, shake your hands. Next. Mr. Hannon: Next three speakers: Christina Alessi, Liliana Pizarro and William Fitch. Liliana Pizarro: Good afternoon. My name is Liliana Pizarro. Christina Alessi, unfortunately, isn't here; she had to go pick up our children at the school. I would like to thank the City of Miami, Commissioner Sarnoff and his staff, the developer and the school district for making this happen. I'm the mother of two girls, seven- and eight -year -olds, which are here at Southside. I am a Brickell resident for over 18 years, and I am also a business owner in the Brickell area; a committed volunteer to our community. I am the physical example to the live, work, play and learn within the two-mile radius which Commissioner Sarnoff continuously mentions. I'm here to tell you a little bit about Side South today -- Southside today. Our conversion needs to happen. We have seven -- we have a building with capacity for 700 children in which we are holding 850 children today. We have over 35 students stationed in a classroom. My child personally began the school year stationed with her classroom in the library. We have special needs children having interventions in the hallways. And on top of all of this, we don't have a middle school within our neighborhood for our children to go to. It is only fair [sic] to residents not to worry and to cross their fingers once fifth grade is up, hoping that their children get into a school that has the quality education that our Southside students have currently. So I please urge you to take our word and to help us; for this Commission to please have our school expanded and build bigger buildings. Chair Gort: Thank you. Next. William Fitch: Yes, thank you. Greetings, Mr. Chairman and Commissioners. My name is William Fitch. I am president of the Board of Brickell on the River North; reside at 31 Southeast 5th Street, Apartment 3815, in Miami. Brickell on the River North was built or approved for City of Miami Page 118 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 occupancy in 2005, and we moved into our unit as soon as it was completed. I was immediately elected to be the president of the board, because I have spent 50 years of my life working for public safety in construction. I've written building codes. I just came back yesterday from a meeting in Memphis to write the next version of the international building codes that will be adopted by the State of Florida. I am also vice president of the Brickell Homeowners Association. When I moved here, my objective, having lived on all four corners of the United States, in big cities and small -- and I commented on this to Commissioner Sarnoff and the others of the DDA (Downtown Development Authority) -- I chose Miami because it has the culture we wanted. It has the lifestyle we wanted. My life -- wife lived in Washington, D.C. (District of Columbia). She wanted Georgetown with palm trees. We found it. We wanted a walking lifestyle. We've got that. But the reason for being here to test on this today is we want to achieve that, but we don't want to live in sacrifice trying to get there. It is not our objective to stop this project. It is one of the more stylish and attractive condominium developments in the Brickell neighborhood. The plans to connect the greenway river walk under the bridge to the circle is wonderful. This morning, you accepted a parcel of land to add more desperately needed park space. Last week, Commissioner Sarnoff announced that Related would pay and develop a large section of the bay walk. So I will grant that Related does some good things for the City's residents. However, their actions in Brickell have not been so honorable. Millagento (phonetic), if you look at it, you know, has no greenery around it. The traffic is horrendous. Their driveways -- they have almost 400 units -- come out onto a one -lane, one -- one -lane, one-way street, and you already have trucks trying to back into Camden (phonetic) on the north side, access -- access on the south side, and now, they've added more to it. 500 Brickell, again, they built it with no greenery. Traffic is horrendous. They built an alleged loading dock, but it's miniscule, it's inside the residents' driveway, and so the trucks don't use it. They park out in the middle of the street, blocking 5th Street and blocking 6th Street. My Brickell, they also built with no landscaping, no loading dock, and ADA (Americans with Disabilities Act) non -compliant sidewalks. You can't get a wheelchair around it. They have no ramp at the corner; there's only steps. So I say that, you know, while they do great things, they can't totally be trusted. Iris mentioned that we have been working with them, and we, hopefully, still will work with them, but we have not reached an agreement yet. So I'm here to protect our 1,500 residents. They have and are suffering through the Swire construction, which, in addition to noise, lights and dust, also resulted in the closing of Southeast 6th Street. We are suffering through the Miami River Bridge closure, cutting off one access route in and out of our residences. Night after last, the City started utility work on Southeast 5th Street, so they're going to be tearing that up. And at night, now they're closing it down completely. We have some vociferous clients, as the Commissioner Sarnoff and the Mayor know. He gets daily emails complaining about the noise. Well, the bottom line of what I would like to say is that we're asking that you do not approve this request at this time. Give us another couple of weeks. Hopefully, we'll reach our final agreements, we'll have everything settled to protect our residents, to maintain our style of life, and thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: Next three speakers: Michael Gongora, Roberto Blanch and Nancy Suarez. Michael Gongora: Good afternoon, Chairman Gort and members of the Commission. Michael Gongora -- Chair Gort: Welcome, Commissioner. Mr. Gongora: How are you? Tonight, no longer. I'm here on behalf of Becker and Poliakoff, with offices at 121 Alhambra Plaza. We serve as general counsel to Brickell on the River Master Association, and we serve as pro bono counsel to the Brickell Homeowners Association. Tonight, we are here to urge the Commission to defer a vote on this application for the following reasons: First, as a course of fundamental fairness. You just heard from Mr. Fitch about the City of Miami Page 119 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 1,500 residents at our building that have not had adequate time to meet with the developer and to ensure that the project does not adversely impact the quality of life for those residents. Second of all, fairness to this Commission, because by pushing this forward this evening, the developer is essentially pitting quality of life issues with moving a development forward without any particular rush. I've been asked to read a resolution that was executed by the board of directors of the Brickell on the River Master Association, if I may. I'm going to read quickly. I'm going to go through all the "whereas" clauses, which you can imagine what they say. Specifically, they are asking the Commission: Number one, the board of directors request a deferral of this item on the City Commission's meeting of April 23, 2015 until the next Commission meeting. And number two, the board of directors is desirous of obtaining more information from the developer, so that, in turn, the association residents can be apprised of the full extent of the project's implications and consequences on the constituents. Number three, it would be irresponsible and inequitable to the constituents if this matter continues through administrative or other channels before the constituents are allowed an opportunity to learn of the full impact that the development will have on their neighborhood. And number four, there is no urgency for the developer to obtain these waiver approvals tonight; yet, these can and will impact quality of life for the 1,500 residents of Brickell on the River, as well as the thousands of residents that live in the neighborhood. Secondly, I do feel the importance of bringing up certain procedural concerns that we have with this going forward this evening. Number one, in reviewing it for tonight, we saw that the advertising for the meeting includes not only the view corridor waiver request, but also administrative waiver request, which we believe are an irregularity, since those are normally approved by the Zoning administrator; as such, we have concerns about the advertising for tonight's meeting. Number two, the form for the waiver application that was sent to our clients at Brickell on the River Master Association, we believe was mailed out on the wrong form. It is a form that says "schedule of fees" and is undated. It is not the typical waiver application form that we receive from the City of Miami on these requests. Number three, procedurally, we have for many months sent a public records request from the City of Miami to obtain the entire file; yet, to date, as we sit here, we have not. While the developer and the developer's counsel have certainly worked with us, Ms. Escarra in particular, we don't have that. And last, substantively, the waiver requests set before the Commission are being rushed without an advisory committee opinion. Number two, as Ms. Escarra told you, this would not provide the required view corridor from the grounds of the sky. And number three, although there was a last -moment resolution to benefit the schools, we do not believe that the public benefit is adequately addressed. Last, but not least, there is a request to increase by 10 percent the floor plate length for Tower 3, which does not comply with Section 7.1.2.5(a)(28) of the Miami 21 Code, which says that these waivers may not be granted for density, intensity and height. It is our position and the position of our consultants that reviewed this that increasing -- the 10 percent increase in floor plate length would increase both intensity and density. Chair Gort: In conclusion. Mr. Gongora: Hmm? Chair Gort: In conclusion. Mr. Gongora: Yes. In conclusion, the parking also requirement we believe would be detrimental to the neighborhood. We do not believe the traffic study is adequate, so we would again urge you to defer a vote on this waiver application tonight. Thank you for your consideration. Chair Gort: Thank you. Next. Roberto Blanch: Good evening, Commissioners. Roberto Blanch, from the law firm of Siegfried, Rivera, Hyman, on behalf of 500 Brickell East and 500 Brickell Master Association. In the interest of brevity, I would like to adopt, on behalf of my client, everything that Mr. Fitch, Mr. Gongora and Ms. Ragan have said in opposition to the vote on this item tonight. We, too, on City of Miami Page 120 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 behalf our clients, are seeking a deferral of this item at this moment. In the event the Commission is inclined to vote on this issue, then our position is in opposition. The -- many of the issues we've heard tonight in connection with overpopulation of the Brickell and downtown area, the lack of schools in those areas, traffic concerns, et cetera, are a product of a lack of conscious growth on behalf of the leaders of our community in the past. You guys tonight, this Commission is in a position to, at a minimum, defer on this item so that adequate evidence and documentation can be provided that this project will not suffer the same fate to this area that has been caused in the past. This project could be built without this variance or this waiver being sought. They don't need the extra 22 feet from the second floor up to the rest of the 80 stories, which is only going to lead to an increased density in the area, which, in turn, while they are seeking a reduction of parking and while they are seeking to implement other items and improvements to the area in a purported effort of good faith and improving the public benefit is still going to increase the density and cause traffic and public -- additional public to frequent the area. So in light of that and in light of the fact that there are still lacking evidence of a proper public purpose to grant this waiver, we are requesting that the vote, at a minimum tonight, be to defer this item for a later date until such evidence can be provided; otherwise, to reject it. And on the issue of schools, once again, I applaud the Commission on contemplating an effort to increase schooling in the area. I do also want to bring light to the Commission that there are alternatives, as well, to the Miami -Dade Public School System. In fact, there has recently been a very reputable and large charter school institution that has a viable alternative in the immediate area, and this Commission does have and will have once again the opportunity to approve that item, so I'd like to state that on the record. And, hopefully, the Commission will become a partner in providing educational options for the residents of the area. Chair Gort: Thank you, sir. Next. Barnaby Min (Deputy City Attorney): Mr. Chair, ifI can just clar, I believe the last two speakers are referring to old versions of the legislation, so I just need to confer with counsel, please, to ensure there's no notice issues. Chair Gort: I'm sorry, what was that again? Mr. Min: The last two speakers are referring to, in my opinion, old versions of the legislation. Chair Gort: Okay. Mr. Min: So I just want to make sure they're clear on that. Commissioner Sarnoff So to say it more clearly, what's in front of us, you're saying is appropriate? Mr. Min: Correct. The last two speakers are stating that the legislation and the notices referred to administrative waivers and grants of those administrative waivers. That is not the legislation that is before the City Commission today. Commissioner Sarnoff So just to be a little bit clearer, you have reviewed the notices, and find and deem them to be appropriate in accordance with the law? Mr. Min: Yes, sir. Chair Gort: Yes, ma'am. Nancy Suarez: Hello, good evening. My name is Nancy Suarez, and I live at 1455 Southwest 21st Street. And today, I'm here as a parent and also a teacher of Southside Elementary School. Four years ago, I was transferred to Southside Elementary School, and I thought I hit the lottery. City of Miami Page 121 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 I already loved my job before, but I am more in love with the job now. My principal and the school district allowed me to place my son there with me, and it's been such a blessing to have my son in the same building. We commute together, we're there all day, and then we can leave school together and, you know, attend functions in our community. This is his last year at Southside, and it's been a real panic for me as a mom as to where he's going to go next. The charter schools, as Mr. Blanch mentioned, which I think he's on the board of some of them, they wanted to open a school near us, as well, and they've been waiting and waiting, and nothing happened for that. So my choices are really limited, and I really am in a frantic panic as to what's going to happen to my son next year for sixth grade, and it's sixth grade. I have a boy going into sixth grade. As a teacher, I'm in a classroom, and my students are here; some of their parents are here, as well. I do have 30 children in my class, with a co -teacher, and I like to do lots of things for my children. I was excited to walk in and find a piece commissioned by a local artist who also lives in our area and has worked directly with my children for three years. We've done the reclamation project at our school with some mangroves, but I've only been able to do it with 30 kids at a time, one classroom at a time. We don't have space so that I could extend it out to the entire school. I do read for the record every year. I invite local news personalities to read to my children, and again, it's only 30 kids at a time. And I have the capacity to do -- I wish I had the capacity to do more for more of the children. Why not 800? Why is it limited to just my 30? We also have our career day, and again, it's limited to a couple of speakers in every classroom, which, by the way, if you're available, it's in May, any of you; just let us know and we'd love to have you come out to meet the children. I briefly worked with the daughter of Mr. Perez from the Related Group, as she was a teacher and I was a teacher at the same school a few years back. I'm really excited that he is engaged and that he wants to help our school. I have faith in him and that he does want something for the children of our school. So I hope that all of you, what you've heard this evening and the consideration for these children help you decide to help us make our facility better. I mean, if it wasn't for a teacher in a school out there, you wouldn't be there today where you're sitting, and I wouldn't be here where I am at today. Thank you, and have a very good evening. Chair Gort: Thank you. Mr. Hannon: Next three speakers: Christina Alessi, Brett Bibeau and John Berto. Christina Alessi: Good evening. Thank you for again listening to us and our concerns about our community. My name is Christina Alessi. I live at 801 Brickell Key Boulevard, Apartment 1201, and I moved here from New Jersey 13 years ago. We uprooted ourselves, my husband and I, and came here with a dream to start a family on this little island, and walk to work, walk to school, and dine out, and everything within walking distance, and so far, we are able to do that. And again, like Ms. Suarez' position, I have three daughters; one six, and eight, and middle school is a concern for us. And we've been hearing talk about charter schools or even better satellite schools, which I don't know what they are. Someone has to explain me the definition, but it sounds like there's going to be grades in different buildings on a ground floor somewhere and -- pardon me, I'm nervous -- and I really believe that Southside Elementary is the hub of our neighborhood. It's, you know, where our children go every day, and most of us all work and live within walking distance of this school. And I think it would be in everyone's best interest that we expand and we give the capacity to the children in our neighborhood the ability to attend one school, a K-8 center, and the need of any other charter schools or satellite schools would not be necessary. Every neighborhood needs an elementary school and a middle school where we can walk to. We shouldn't have to drive 35 minutes in traffic for three miles, twice a day; and in my case, would be three different locations every day. It'll take me four hours to commute each child to each school, try to work and volunteer for my community with Ms. Suarez, with my children. I'd rather walk to school, pick them all up at the same time, come home at the same time and dedicate the three hours sitting in traffic to serving my community. And my other concern is the capacity in Southside Elementary is very limited. My child has difficulty reading and she's in a program called "intervention, " and it's where the teacher will pull out some of the children who City of Miami Page 122 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 have educational problems and will do reading one-on-one with them. Right now, they're sitting in a hallway where there's a lot of distractions, where -- and they should be in the library, but our library is being consumed with a classroom. And we could go to the computer lab, but that, too, is another classroom. We have two buildings that are unusable right now. And this is a perfect opportunity to take advantage of the Related Group participating, the School Board, the Commissioners. We have so many people working together, and it's almost like a do or die situation. We need to get it done -- Vice Chair Hardemon: Thank you. Ms. Alessi: -- as soon as possible -- Vice Chair Hardemon: Thank you very much, ma'am. Ms. Alessi: -- because we're just -- keep growing here in Brickell. Vice Chair Hardemon: Thank you very much. Ms. Alessi: Thank you. Good evening. Vice Chair Hardemon: Mr. Clerk, were there any other speakers that were next? Mr. Hannon: We have about four more. Vice Chair Hardemon: You're recognized. Brett Bibeau: Honorable City Commission, good evening. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. The subject development team presented their plans during the Miami River Commission's February 2 public meeting, and the adopted River Commission minutes state in part, quote: "The Miami River Commission adopted a resolution finding One Brickell consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, and recommend approval if the following conditions are complied with: Number one, One Brickell's impact fees and/or public benefits program funding be used to construct transportation improvements in the Miami River District, including but not limited to transportation projects which would improve traffic during temporary Federal regulated bridge openings, including reuse of the recently removed vehicular travel lane on Brickell Bridge, smart signage warning motorists of bridge openings and providing alternate routes such as a Southeast loth Street cut -through beneath Metrorail in order to access alternate routes and more. Number two, if One Brickell is constructed in phases, as planned, they are willing to repair and restore the existing five-foot wide cantilever dock, which could serve as a temporary public river walk until phase two commences construction. This option for a temporary public river walk along the repaired dock at the phase two site would only be until phase two construction starts and construction of the phase two site includes a permanent full public river walk which would replace the temporary structure. And that would provide the option to connect to the Miami Circle. Number three, explore the possibility of leaving the entire 50-foot waterfront building setback area at the same at -grade elevation as the public river walk by removing the elevated terrace within the provided 50-foot waterfront building setback area. Your time and continued support for the River District are appreciated." And I'd just add very quickly, Mr. Vice Chair, two things that concern me in regards to river walk connectivity to both the east and the west where the river walk exists. For starters, to the west, the notice that has gone out has a picture of the property that kind of carves out this little sliver on the west, as if they don't really own the waterfront where it connects to Brickell on the River, so that's a little concerning. And the second one is that, you know, just FYI (for your information), they don't own beneath the Brickell Bridge, obviously. There's no struck deal that's been inked with DOT (Department of Transportation). The Miami Parking Authority, Bob Carr City of Miami Page 123 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 and the Florida Inland Navigation District and I have tried to get the river walk beneath that bridge for six years, and we're still stuck in archeological reviews at a Federal level. So to say, you know, unequivocally that we are building beneath the bridge today, I think is -- I wish that were the case, but I don't think it's in writing quite yet. Thank you. Vice Chair Hardemon: Thank you, sir. Mr. Clerk? Mr. Hannon: John Berto. Vice Chair Hardemon: You're recognized, sir. John Berto: John Berto. Good evening, everybody. Vice Chair Hardemon: Can you state your address, please? Mr. Berto: This is -- I'm a resident of the South Tower of Brickell on the River, 41 Southeast 5th Street. I'm just here to say that, basically, in this spot of 444, it looks awesome to me. I believe it's what lifestyle is all about, and we're living -- I'm resident of the Brickell area because we like that. This spot looks awesome. It's going to bring, you know, development, yes; it's going to bring density, but no more density than what has happened before. I mean, 1,500 units, it's been built around it, also. So it's basically the same that we have had. Restaurants, amazingly, they've built in the areas; walking distance for everything, all the activities that we have. I don't believe it's going to be a negative impact on it. We like our area to develop, and I'm in pro of the education development, also, but I believe everything is part of it, and I believe we're going to reach every section of the development concept in this area. So I just want to say that. I just want to say that I'm in pro of the development of the area, and I believe, you know, every resident in Brickell will be in pro of that, also. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Next speakers: Mazin [sic] Hernandez and Hector Pialo [sic]. Mahim Hernandez: Good evening, gentlemen. My name is Mahim Hernandez. I live in 1918 Brickell Avenue and work in 325 South Biscayne Boulevard. I am a real downtowner. I live there for five years. I love so much I bought my own apartment. This project will bring more than we have right now. We need more restaurant, we need more diversity. And (UNINTELLIGIBLE), right now, it's a real connection with the East Brickell and the West Brickell that we have connection now. Now we have to cross over the Brickell Avenue and sometime, the driving gone crazy. Now, we decide we can go (UNINTELLIGIBLE) under the bridge, you know, and keeping working and visit Brickell on the River Restaurant without driving, without get any (UNINTELLIGIBLE)of your life and be easy. And finally, we can join the rivers of Miami. Thank you very much. Chair Gort: Thank you. Next. Hector Pinto: Good afternoon. I'm Hector Pinto. I live at 50 Biscayne Boulevard, downtown Miami. I work in Brickell. I believe strongly that no other developer like Related Group been involved with the City. And part of this City for 15 years already, and I'm glad to be part of everything that is happening, and this is an amazing project that I believe that on -- the education have to improve, too, but this will help education and the quality of life and -- on Brickell. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: The last two speakers I have signed up for PZ.10; again, the last two speakers I City of Miami Page 124 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 have signed up for PZ 10: Emileth Vasquez and Alejandro Munez McCurney. Emileth Vasquez: Good evening. My name's Emileth Vasquez, and I work in Brickell. My address is 987 Southwest 37 Avenue. And I'm pro the -- with the project. It will be nice to see the development come up. I mean, I have seen the changes in Brickell since One Miami, 50 Biscayne, Icon Brickell, so this will be a tremendous thing, too, to the City of Miami, I think, and the Grove Brickell. Chair Gort: Thank you. Next. Antonio Del Monico: Good evening, ladies and gentlemen. My name is Antonio Del Monico. I'm also a resident of Brickell on the River North Tower. And my concern throughout the -- as the project has advanced is -- has -- part of it has been voiced already, and it's the traffic concern, all the zoning, and the density, especially, given the height of the project, is a big concern. We already have a very bad traffic problem. As you know, 5th Street is just a two-lane road. And construction hours, as Brickell City Centre, you know, has been working pretty much 24 hours a day, seven days a week, I'm concerned that this project would follow that type of hours of operation, and it's just -- it really affects quality of living, because residents can't sleep. If they can't sleep, they can't perform in the day. So I would like to see what concrete measures are being proposed in terms of the hours that the project is going to take place. It should be during day hours, the light hours. And I would like to see a concrete plan regarding the traffic, what they propose to address that problem there. Thank you. Chair Gort: Thank you, sir. That's it, close the public hearing. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff You know, interestingly enough, sometimes, when you sit here long enough, you wonder what it is we're approving and what it is we're doing, because it went all the way from `I like the school" to `I would like a new city, " I think. And some people said, `I like the city I live in." We're here today because they are requesting an encroachment; not an actual encroachment, but an encroachment above that will act as a sun shade for the people who do walk on Brickell. But there were some things mentioned pertaining to the river walk that are worthwhile talking about, and that's all Pm going to talk about, is the river walk. So I do agree, one of the issues, if One Brickell is constructed in phases, they're willing to repair and restore the existing five-foot wide cantilever dock, which will serve as a temporary public river walk until phase two commences construction. And I hope the developer's okay with that, but if he's not, that's going to be my "subject to." Equally "subject to" would be leaving 35 feet of the waterfront building setback area at same grade level as the public river walk by removing the elevated terrace, and you can have your 15 foot. Equally "subject to," all approvals of building a direct connection under the Brickell Bridge that would -- let's just say the might of the Related Group working with Florida Department of Transportation to get the necessary approvals to make the connection, because I can tell this Commission that there is a move afoot for the Miami Circle to be sold for zero dollars to the City of Miami as a fee simple absolute park. So we may be able to obtain a park directly to a park, with a connection directly to the river walk. And hopefully, in three or four months, I'll come back with more information on that. So my motion would be to approve, subject to the following three conditions. Commissioner Suarez: Second for discussion. Chair Gort: Discussion. Commissioner Suarez: Thank you, Mr. Chair. Yeah, I think I want to try to reiterate some of City of Miami Page 125 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 what the Commissioner said in a slightly different way, ifI may, which is to say that some of the speakers who came up had a concern or expressed a concern about the size of the project, or the height of the project, and what's at issue is neither the height nor the size of the project here before us. What's simply at issue is the setback as the building rises, which, by the way, I think is actually a very ingenious feature of the building, because it will provide shade cover for those who are going to be walking. So, Mr. Fort -Brescia -- I know you're there somewhere -- kudos to you for that design. I think he's still here; I don't know if he's behind Iris. He's not? Okay, well, his time is very valuable, so. He's got a lot of projects going on. You know, the -- some of the buildings that were discussed are beautiful buildings, themselves; 500 and 555, they're -- and they have -- in the case of one of them -- has access to the river. It's an interesting side of the river, and it has a thriving restaurant, but it's incomplete, because it doesn't touch Brickell. I think ultimately, I would quibble a little bit with the speaker who said that we're not planning for what's happening. A lot of what's happening is based on the market, I mean, and the market is making adjustments and is making decisions very rapidly. If you look just on the other side of the river, the parcel next to the Epic, which is a one -acre parcel, sold for $125 million. So the area that is the core of downtown, and even other parts of Brickell, such as where Villa Magna was proposed to be are going to be developed. That's going to happen, as of right, by the way; I mean, without them having to request anything from this Commission and without giving anyone really a right to use that as leverage, because what -- that does happen sometimes. I'm not saying that's what's happening in this case; I'm just saying that that does happen. You know, issues having to do with hours of construction, I think our director can talk about, because those are all legitimate concerns, but I'm sure that there are ordinances that are on the books for the protection of the residents who have legitimate concerns. And in fairness to the residents, there has been a significant amount of construction; it's because everyone wants to live where you live, and that's a good thing. And I will reiterate the point that I made when Commissioner Sarnoff made the resolution on the schools. I think the long -- for the long-term viability of Brickell and downtown, we have to have a tunnel that connects Brickell to downtown. There cannot be a stop and go situation, like what we have now with the bridge. It's a nightmare. I mean, if you live there or work there, it is -- it's a nightmare, and it's an ungovernable nightmare, because it's governed by laws that are Federal in nature, and that have to do with the port, have nothing to do with any sort of logic, or any sort of traffic management, or anything that has to do with traffic at all or has to do with boating, boating traffic, actually. So I hope that Mr. Bibeau, who was here earlier, I hope that he supports that effort. Thank you. Thank you for waving your hands, because that, to me, is a signature project that we have to engage in. And I will be bringing a public benefits part that will be for a transportation trust, because what we have is a situation where it's not only that -- the Brickell Bridge; we also have ideas of connecting downtown all the way through Midtown, which will ultimately connect through the Beach and Bay Link, which would be an entire looping system that would connect all of downtown, Midtown, the Design District and Miami Beach, which ultimately is what -- by the way, there is a Metro Mover stop right there next to the project. It's a beautiful Metro Mover stop, and you could -- in the future, hopefully, you'll be able to take that Metro Mover shop [sic] to -- well, obviously, you can walk to Brickell City Centre, but you can take that Metro Mover stop, hopefully at some point, to Craig Robbins' project in the Design District, for all of those who have expensive taste, and can go over there and pick up some nice, nice things and get back safely, so -- and without ever having to use a car. That's the objective. I think that's what a real - - once Miami comes of age -- and I certainly believe it will in the next five to 10 years -- you're going to see a city that will be planning for those kinds of things and will take into consideration - - We're having to put in the lion's share, I'll tell you. Commissioner Sarnoff and I, who are both MPO members, were fighting a losing but important battle at the MPO today, because we were trying to assert the priorities of leadership that is needed to make sure that the City's not left behind, and to make sure that a coherent and clear voice is heard on transit issues, not only at the City level, at the local level, but also at the County, and the State and the Federal level, which are really the big funding partners for those kinds of mass transit projects. So I'll leave it at that, and I support it. City of Miami Page 126 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Chair Gort: Let me tell you a couple things I've seen. I think in downtown Miami, in Brickell, in that area, we have what is called "the perfect storm." Not only do we have the new buildings going up; we have the bridge, Miami Avenue Bridge closed for a year. Then you have Water & Sewer going through the 2nd Avenue, so it closed all the path that we could get out of the Brickell. And we been talking about this for a long time. I think there needs to be -- Administration has got to be involved in the traffic pattern. We have to coordinate the port. You have to work with the other developer, because what happens is, when you have two developers doing the pouring of concrete at the same time, it creates a major problem. I have an office on loth Avenue -- I mean on loth Street and on Brickell Avenue, so going in and going out, I'm trying to be in -- I try to go in about 10 in the morning, get out about 2, because there's no way you can get out. So somehow, the Administration's got to make sure that they coordinate with the developers, with the traffic, and the police and the inspectors. And I'd like to find out -- my understanding is the Brickell Avenue -- I mean, not the Brickell Avenue, but the Miami Avenue Bridge should be finished. I'd like to find out when would it be finished. Commissioner Sarnoff South Miami Avenue? Chair Gort: South Miami. Commissioner Sarnoff The bridge? Chair Gort: The bridge. Commissioner Sarnoff The bridge is supposed to be done -- I don't know if Alice Bravo's here, but the bridge is supposed to be done in about four months. And just so you know -- Chair Gort: One lane was open. We need the other lane. Commissioner Sarnoff -- Commissioner Gort, when we knew we were closing South Miami for the Swire project, six months before the closure, we went to the County and said, "You're going to be redoing the bridge. Would you do it the exact same time that we're closing South Miami Avenue as a result of the overhang?" Commissioner Suarez: They said "no." Commissioner Sarnoff And their response was, "We will do it when we do it." Chair Gort: Yeah. Well, that's typical. Yes, sir. Commissioner Sarnoff So now, you're seeing the result of "We will do it when we do it." Commissioner Suarez: Right. Chair Gort: It took a year to do the northbound lane, and I think -- I look at it every day. I think the south lane is -- should be finished soon. So I'd like to -- for the Administration to find out from the County or the State when will that be finished, because that'll help quite a bit in there. Thank you. Any further discussion? Ms. Escarra: Chairman, if I may, if I can indulge for a few minutes of rebuttal, and I think there were some questions that were asked of the City that we want to make sure are included in the record. With regards to the questions that Mr. Sarnoff posed, I would like to make sure that we are okay with the temporary bridge. We actually agreed to that. Where the bridge would happen is, if the projects are phased, somebody walking along the river would be able to then connect, and go across and connect under. We're making every effort to make sure that this gets built. This is a huge issue for us. We are very supportive of this connection under the bridge. We have City of Miami Page 127 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 a linear park space with a big plaza that meets right here. The last thing we would want is that it dead-end where those arches are, so that is a big commitment for us. With regards to the waterfront setback and the 35 feet, that was a question. In this space here, we're way behind and meet the 50 feet. In this space here, we're way behind and meet the 50 feet. In this space here, there's a terrace for Capital Grille, for a new restaurant that's elevated with these grand stairs here. This space here is actually something that we're not able to move much because of the space that is there and the elevation for the restaurant that's inside to be able to walk outside. So I understand the question, but it's not the entire length. Most of the -- half of the waterfront is already complying with the 50 feet; it's just this portion here; the steps are, because they are at ground, and they go up, and then this portion here. Commissioner Sarnoff But the problem is you're asking -- this is exactly what you're asking for. You're asking for a waiver of something pertaining to the waterfront, and you're asking us -- Ms. Escarra: On this side. Commissioner Sarnoff No, I -- I'm sorry; am I in the wrong spot? Ms. Escarra: Yeah, our waiver's over here. Commissioner Sarnoff No, I -- Ms. Escarra: It's to encroach above. Over here, we complied completely straight up -- Commissioner Sarnoff Where's the river? Ms. Escarra: Here. Commissioner Sarnoff I thought -- I was in the right spot, I thought. Ms. Escarra: Okay. Commissioner Sarnoff I thought I knew what I was talking about, but, hey, could be wrong. And your public use of the waterfront is 25 feet. Ms. Escarra: Correct, it is 25 feet. Commissioner Sarnoff Right. Ms. Escarra: You asked about 35 feet. Commissioner Sarnoff I was trying to get at the 35 feet. Ms. Escarra: Oh, okay. Yeah, 25 feet we comply with; it's clear -- 27, actually -- I'm sorry. We have 27 feet. The 35 feet gets into this terrace area. Here, we comply; and here, we comply. It's this portion here that there's a terrace that comes out. Commissioner Sarnoff Maybe I'll go to the City Attorney with this. So the river walk is supposed to be 50 -- or I'll ask you -- feet or a percentage, right? Francisco Garcia (Director, Office of Planning): That is correct, 25 percent. Commissioner Sarnoff Thirty-five percent? Mr. Garcia: Twenty-five, sir. City of Miami Page 128 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Sarnoff I'm sorry? You're saying it so fast. Mr. Garcia: My apologies. Two -five, 25. Commissioner Sarnoff Twenty-five percent. Mr. Garcia: Yes, sir. Ms. Escarra: Straight up. Commissioner Sarnoff So my question then is, their requirement is the lesser of the 25 percent or the 50 feet? Mr. Garcia: That is not their request. That is the language specified by the Code. Commissioner Sarnoff Right. So what is on the river, what is the required distance? Mr. Garcia: So the distance has been complied with, within that distance that is being provided actually by the project, there is some latitude, depending on other factors, such as FEMA (Federal Emergency Management Agency) flood level requirements, et cetera, to configure that area in one way or another. They are in full compliance, but as presented, there is, admittedly, an elevation of a part to create a terrace, and I believe your point is that you wish for that terrace area to be reduced somewhat. Commissioner Sarnoff Because the terrace will be privately used; am I wrong on that? I mean, public use if you pay the capital fee (UNINTELLIGIBLE). Private; am I wrong on that? Mr. Garcia: No. It may very well be public use, as well. It seems to be a (UNINTELLIGIBLE) area. Commissioner Sarnoff Is it public use? Ms. Escarra: No. You're correct, Commissioner Sarnoff It is for the restaurant here. There's the grand steps into -- Commissioner Sarnoff I -- okay. So it is here -- you get a license, is what it's called. Your license says you go into the restaurant and you pay your bill. My issue, then, is you're saying 25 feet is adequate. Mr. Garcia: It is in compliance; yes, sir. Ms. Escarra: IfI can explain a little further, the waterfront setback is 50 feet. Of the 50 feet, 25 feet has to be the waterfront setback standards: three-foot buffer zone, a path of 15 to 16 feet, all these different things, within 25 feet of it. The building is 50 feet away; that's the requirement. The building cannot be built within the 50 feet, and our building is not; nor can you put any parking within the 50 feet. Commissioner Sarnoff So -- Ms. Escarra: The only thing that is permitted is typically pools, terraces. Those sort of things are permitted within the 50 feet, but not within the 25 immediately abutting the water. Commissioner Sarnoff Let me ask you, your next door neighbor -- and I think that some folks spoke about this -- what -- how many feet -- so let me just be common sensical [sic]. Your next door neighbor to your west -- City of Miami Page 129 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Ms. Escarra: Correct. Commissioner Sarnoff -- how many feet would their river walk be? If I was, you know, arm in arm, with how many people could I be walking? Ms. Escarra: I actually have an image of where the two connect. So here -- oh, no; actually, I don't go far back enough. Brickell on the River does have their building set back 50 feet, and they have a walkway area of the 25 paved, and improved and open for access. But they -- I believe they do have steps within the 50 feet; just not the building, itself, it's set back the 50 feet. They didn't ask for a waiver. Commissioner Sarnoff So you're saying you would be consistent what is -- with what is to your west? Ms. Escarra: Correct. We're actually a little bit bigger -- Commissioner Sarnoff And ifI went one more west, what wouldl be facing; 25 feet again? Ms. Escarra: That was not improved. That site actual -- Commissioner Sarnoff. That's the one that's missing? Ms. Escarra: That's the last link, is this piece right here. It's vacant. Right now, CityCentre, I believe, or somebody's using it for parking, staging, but this one isn't improved. Here, you'd have to go under the Metrorail, connect to the street -- Commissioner Sarnoff That's the famous -- Ms. Escarra: -- and go back. Commissioner Sarnoff -- parking lot? Ms. Escarra: Yes. Commissioner Sarnoff That's not supposed to be there? Mr. Garcia: No, sir; that happens a little bit further west. The one you're referring to happens a little bit further west. Commissioner Sarnoff So the -- all right. So we have a parking lot further west. Mr. Garcia: West of the Miami Avenue Bridge. Commissioner Sarnoff Okay. West of the Miami Avenue Bridge? I thought it was -- Mr. Garcia: Yes, sir. Commissioner Sarnoff You sure it's west of the Miami Bridge? Mr. Garcia: Yes, sir. Commissioner Sarnoff That's where the photography studio is? Mr. Garcia: Right in front of it; yes, sir; just north of that, precisely. City of Miami Page 130 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Commissioner Sarnoff So you're saying you're consistent 25 feet with your neighbors? Ms. Escarra: Correct, on this side here. Mr. Garcia: And if may, Commissioner, perhaps to give added reference for you and all those here, that would be approximately from the edge of the dais to the third row of seats. Commissioner Sarnoff To the third row? Mr. Garcia: Yes, sir. Commissioner Sarnoff All right. So quite a few people could walk. All right. I'll withdraw the request for the 35 feet. Ms. Escarra: And ifI can quickly just add a few more things into the record. With regards to this (UNINTELLIGIBLE) project, we met with various of our neighbors, and we are committed to continue meeting with our neighbors, and hopefully find a solution that works for Brickell on the River, 500 Brickell and other neighbors that have reached out to us. We hope to get a consensus of the majority -- we have a consensus of the majority of the items. We're really down to just a few issues. I would also like to put on the record that density, intensity and height is in compliance with what is permitted under Miami 21. Density is the number of units. We're all allowed 500 units an acre. Intensity is the square footage. We're under the square footage that's permitted on this property. And height, we're 80 stories, and 80 stories is what's permitted. In addition to timing, some of the neighbors asked, regarding to timing and a request for a deferral. The client has invested $150 million already into this property. They have a condition that they need to work to relocate some of the tenants in this building to other places, and we are working hard to do so; some of them have already agreed to other locations. We are starting our presales in Art Basel. The other thing 1 wanted to put, with hours of construction one of the neighbors mentioned, Brickell CityCentre had a waiver for the hours of construction because they're so massive and they asked for a special request. We are complying with the City Code noise hours. We don't have any night -- we don't have any permission or anything to build at night; we comply with the City. We have conducted a traffic study, which has been submitted to the City traffic engineer. And I think that's it for trying to address all the comments quickly. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying aye. The Commission (Collectively): Aye. Mr. Hannon: As amended. Chair Gort: As amended; with all the amendments. Ms. Escarra: Thank you. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS City of Miami Page 131 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 D4.1 14-01117 D4.2 15-00441 DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING THE FLORIDA FOURTH DISTRICT COURT OF APPEAL'S OCTOBER 15TH DECISION IN THE MATTER OF CITY OF HOLLYWOOD V. AREM RE: REDLIGHT CAMERAS. 14-01117 E-Mail - Discussion Item.pdf 14-01117 Back -Up Documents.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item D4.1 was continued to the May 28, 2015 Planning and Zoning City Commission Meeting. DISCUSSION ITEM DISCUSSION REGARDING ACQUIRING PORTION OF LUDLAM TRAIL WITHIN CITY OF MIAMI BOUNDARIES. Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item D4.2 was deferred to the May 14, 2015 Regular City Commission Meeting. City of Miami Page 132 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 NA.1 15-00552 END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE DEPARTMENT OF PLANNING AND ZONING TO STUDY ARTICLE 3, SECTION 3.14 ENTITLED "PUBLIC BENEFITS PROGRAM" OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FOR POTENTIAL AMENDMENTS, TO CREATE A MIAMI-DADE COUNTY SCHOOL BOARD FUND PUBLIC BENEFITS PROGRAM ("SCHOOL FUND") FOR DEVELOPMENTS IN THE BRICKELL INCREASED DENSITY AREA ("AREA") TO ALLOW FOR PUBLIC BENEFITS CONTRIBUTIONS INTO THE SCHOOL FUND TO ASSIST WITH INCREASED STUDENT CAPACITY AMPLICATION IN THE BRICKELL CORE AREA. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0200 Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. Before there's a public hearing on this, I'd like to try to frame an issue that -- regarding the meeting with some of the parents regarding a novel concept that the Mayor, Mayor Regalado, as well as School Board Member Regalado -- not to be redundant, but his daughter -- worked together with Lisa Martinez, who is with, of course, the superintendent's office, and I'd like to read something into the record that 1 would ask support from the Commission. It is a resolution, it's no cost, but it is finally a way for us to embrace the urban density that Brickell is becoming, has become. As you've said, you've watched it, because you were there prior to any of the density. And what it does is, it creates live, work, play, learn. Can you imagine if we had schools where the -- we had schools in Brickell, at Brickell, where there was no need for any parent to have to take their child away from the school by car? It would certainly be part of live, work, play, and that would be live, work, play, learn. I think two days ago, Commissioner Suarez -- was it Earth Day? I think President Barack Obama was down here. And interestingly enough, USA Today did a very interesting article, which said, font page, "Do you want to save the planet?" It said, "Say goodbye to Mother Nature." So here's what it says: "The faster we move into new solar -powered cities fed by corporate high tech agriculture, the more we can protect nature." It says, "Before the first Earth Day" -- and I'll tell you this, Commissioner Suarez: Probably before you were born in 1970 -- Commissioner Suarez: I think it was before. City of Miami Page 133 Printed on 5,26,2015 City Commission Meeting Minutes April 23, 2015 Commissioner Sarnoff -- "environmentalists have argued that solving environmental problems require humans to get back to and closer to nature. The 'back to land' movement urged people to leave cities, which were viewed as crowded and polluted. Renewable energy was recommended because it integrates human civilization into natural energy flows, such as water, biofuels and sun. Similarly, organic agriculture was better because it integrated farmers, consumers into the natural rhythms of nature. In recent years, though, growing number of environmentalists [sic] scientists and activists are saying the best way to protect nature is by not returning it, but rather by leaving it alone. Today, most environmentalists" -- it says "most credible environmentalists" -- "embrace cities and reject suburban sprawl. Where cities take up just one to two percent of the earth's ice free surface, farms take up about 40 percent. Cities are where the people need to live and allowing the other parts of the globe, so to speak, to be pretty much natural." So Brickell is one of those concepts, Mr. Chair. But when you densify a particular area, you've got to create an opportunity for people to walk amongst that area, as opposed to taking their cars out and having to drive their children miles and miles away. So, because we've been good stewards, and because we're starting to take responsibilities for things that maybe some other jurisdictions should have done, I am proposing a resolution of the City of Miami Commission directing the Department of Planning & Zoning to study Article III, Section 3.1.4, entitled "Public Benefits Program" of Ordinance Number 13114, the Zoning Ordinance of the City of Miami, for potential amendments to create a Miami -Dade County School Board Fund Public Benefits Program for developments in the Brickell increased -density area to allow for public benefits contributions into school fund to assist with increased student capacity amplification into the Brickell urban area core. Commissioner Suarez: Second for discussion. Chair Gort: Been moved and second. You're recognized, Commissioner. Commissioner Sarnoff I will yield to the chair of the MPO (Metropolitan Planning Organization) today. Commissioner Suarez: My most enjoyable function, of course. As you said, Commissioner, this City is densing tremendously. And you also stated -- I think very eloquently -- at the MPO Board meeting that our residents, many of who are here, don't -- they don't understand the differentiation between what different governments or different sectors in government do. And so I think this is an attempt to solve problems. And I had advanced a similar but different proposal having to do with a poverty fund, a public benefit poverty fund, and I think we have to seriously look at a public benefit transportation trust fund. So I think in terms of this proposal, I think it makes eminent sense. I did get a chance to meet with some members of the School Board and a couple of parents that came -- actually, it wasn't parents; it was three members of the School Board. I thought they were -- they looked like parents, they could be parents, I felt like they were parents; that's how passionate they were about the issue that they seemed to demonstrate a tremendous passion, as if they were parents. And -- but we've been talking about the issue of lack of adequate schooling in the Brickell area for some time now, and I agree with you that we shouldn't simply -- we should be a participant in solving the problem, and not simply, as others are, either -- some people actually block the progress, which is unfortunate but -- and others are not cooperative. I think in our case, we're trying to go beyond just being cooperative or not being an obstructionist. We're trying to be a partner, and I think that's what makes this such a good proposal. Another thing I wanted to mention -- and it's slightly off topic, if I can have your indulgence, Mr. Chair -- to just say that I'll be proposing -- hopefully with the support of this Commission -- at the next MPO meeting to study -- and it goes more to the general agenda item that we're talking about -- the undergrounding of the Brickell Bridge, because I believe that a big part of the traffic flow issues with Brickell have to do with the fact that the bridge causes an enormous amount of trouble and traffic, and the -- as we know, the Federal waterways -- the river is one of the largest ports in the United States, and traversing the river is governed by City of Miami Page 134 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 Federal law -- you would know better than I -- and sometimes, those laws trump even our own traffic laws, our County, and DOT (Department of Transportation) and City -- and certainly logic. And I think what happens is that area now has reached a level of density where the traffic through Brickell should be free flowing, it should never be stopped by the bridge, and I think that's something that if we want to truly connect Brickell to downtown and make downtown and what's going to be developed north of downtown truly vibrant, we should be able to remove any sort of barriers that there are. So my apologies for kind of getting a little bit off the topic at hand. Chair Gort: I think that's very important. We've shown before one entity cannot do -- solve all the problems. We have to do the teamwork. We have to work in conjunction. And DDA (Downtown Development Authority), back in 1977, all these studies will tell you if you want people to come and move to Brickell and move into downtown area, you need to create school. And DDA created the first charter school right there in 1st Avenue and 4th Street. So that's very important and I think that's very good. You want to move on this resolution now? Commissioner Sarnoff I'm going to, Mr. Chair. Chair Gort: Or you want to save it for later? Commissioner Sarnoff I'd like to make a motion on the resolution. Chair Gort: Okay, it's been moved and second. Commissioner Suarez: Second. Chair Gort: Any further discussion? Yes, sir. Brett Bibeau: Just briefly on the resolution, was the resolution amended to add transportation? Commissioner Sarnoff No. Chair Gort: No. Commissioner Suarez: No, no, no. That's a separate -- Chair Gort: That'll be another one. Mr. Bibeau: The River Commission, in our conditions, we'd like to also open the door for public benefit dollars to go towards transportation, because it's our understanding that currently, that door is closed So if we're opening the door to schools, which is understandable, we'd hope you would also respectfully consider opening the door to transportation, as well. Thank you. Chair Gort: Thank you. Todd Hannon (City Clerk): Chair, can I get the speaker's name on the record? Commissioner Suarez: Brett Bibeau. Chair Gort: Yes. I'm sorry. Mr. Bibeau: Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. Thank you. Chair Gort: Any further discussion? All in favor, state it by saying "aye." City of Miami Page 135 Printed on 5/26/2015 City Commission Meeting Minutes April 23, 2015 ADJOURNMENT The Commission (Collectively): Aye. Commissioner Suarez: Thank you. Chair Gort: Thank you. Commissioner Sarnoff Passed. The meeting adjourned at 7: 39 p.m. City of Miami Page 136 Printed on 5/26/2015