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HomeMy WebLinkAboutCC 2015-05-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com CPI 1`:" '1 47,. • IN Q9P 99 1i? ▪ IiJY0 Meeting Minutes Thursday, May 28, 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 May 28, 2015 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES BU - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 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 28th day of May 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 9:03 a.m., recessed at 11: 51 a. m., reconvened at 3: 02 p.m., recessed at 5:12 p.m., reconvened at 6: 01p. m. and acjourned at 7:59 p.m. Note for the Record: Commissioner Sarnoff and Commissioner Suarez entered the Commission chamber at 9: lla.m., Commissioner Carollo entered the Commission chamber at 9:15 a.m., and Vice Chair Hardemon entered the Commission chamber at 9:18 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Good morning, ladies and gentlemen. Welcome to the May 28 meeting of the City of Miami Commission in these historic chambers. The member [sic] of the City Commission are Frank Carollo; Francis Suarez; Marc Sarnoff, Vice Chairman Keon Hardemon; myself Chairperson Wfredo "Willy" Gort. Also on the dais, we have the City Manager, Alicia Bravo; City Attorney Victoria Mendez; and Todd Hannon, the City Clerk. At this time, I would like you all to stand for the pledge of allegiance, and I have the Mayor doing the pledge. Pledge of allegiance delivered. Chair Gort: Please remain standing. Invocation delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 15-00677 PRESENTATION Honoree Presenter Protocol Item Travel & Tourism Week Mayor Regalado Proclamation Greater Miami Convention & Visitors Bureau 15-00677 Protocol.pdf PRESENTED Mayor Regalado joined the Greater Miami Convention and Visitors Bureau, the official tourism and marketing organization for Greater Miami and the Beaches, to present a Proclamation proclaiming the month of May 2015 as National Tourism month; furthermore paying tribute to the annual celebration of National Tourism Month and the 14.5 million visitors who make tourism Miami's number one industry. Chair Gort: At this time we're going to have some proclamation, but it's only myself and the City of Miami Page 3 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Mayor, so we got to wait for two more Commissioners. Thank you. Mayor, you're recognized. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon MAYORAL VETOES ORDER OF THE DAY Chair Gort: Do we have any minutes to be approved? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the Planning & Zoning meeting minutes from April 23, 2015. Commissioner Sarnoff So moved. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: Go back now to -- First of all, do we have any Mayor's veto? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: City Attorney, will you go over the procedures? Victoria Mendez (City Attorney): Yes, Chairman, thank you, and good morning. Any person who is a lobbyist must register with the City Clerk and comply with the related City requirements for lobbyists 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 verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in Commission chambers; please silence those devices now. No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in 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 Commission chambers. City of Miami Page 4 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Any person with a disability requiring assistance, auxiliary aids and services for this meeting may not the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the 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. And at this time, the Administration will announce which items, if any, are being either withdrawn, deferred or substituted. Thank you. Chair Gort: Thank you, ma'am. Alice Bravo (Deputy City Manager/Chief of Infrastructure): Thank you. Chair Gort: Assistant City Manager. Ms. Bravo: Mr. Chairman, yes. We would like to withdraw item RE.16, Unity of Title. Chair Gort: RE. 16. That's it? Ms. Bravo: That's it. Chair Gort: Okay. Commissioner Suarez: So moved. Chair Gort: Thank you. It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Any of the Commissioner [sic] would like to defer any one item, pull any one item? Being none, hearing none, okay. City of Miami Page 5 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 CONSENT AGENDA CA.1 RESOLUTION 15-00514 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FUNDING OF THE POLICE ATHLETIC LEAGUE PROGRAM, TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM FROM APRIL 15, 2015, THROUGH JUNE 15, 2015 IN AN AMOUNT NOT TO EXCEED $10,000.00; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1019, PROJECT NUMBER 19-690002, ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE'S "GUIDE TO EQUITABLE SHARING FOR STATE AND LOCAL LAW ENFORCEMENT AGENCIES." 15-00514 Summary Form.pdf 15-00514 Certificate ofApplicant.pdf 15-00514 Corporate Detail.pdf 15-00514 Annual Report.pdf 15-00514 Legislation.pdf CA.2 15-00525 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0222 RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2014/2015 EXTENSION AND AMENDMENT NO. 5 OF MEMORANDUM OF AGREEMENT - DISCHARGE PLANNING GRANT," AND APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY THOUSAND DOLLARS ($340,000.00), CONSISTING OF A GRANT ("GRANT") FROM MIAMI-DADE COUNTY ("COUNTY") THROUGH THE COUNTY HOMELESS TRUST ("TRUST"), TO PROVIDE EXTENDED OUTREACH AND HOUSING SERVICES TO HOMELESS INDIVIDUALS REFERRED THROUGH THE COUNTY JUDICIAL AND HEALTH SYSTEMS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE EXTENSION AND AMENDMENT NO. 5 TO THE 2010 MEMORANDUM OF AGREEMENT - DISCHARGE PLANNING (COLLECTIVELY, "MEMORANDUM"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE COUNTY THROUGH THE TRUST, AND ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD AND COMPLIANCE WITH THE MEMORANDUM. City of Miami Page 6 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 15-00525 Summary Form.pdf 15-00525 Pre-Legislation.pdf 15-00525 Legislation.pdf 15-00525 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0223 CA.3 RESOLUTION 15-00534 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID General Services RECEIVED MARCH 25, 2015, PURSUANT TO INVITATION FOR BID NO. Administration 481342, FROM JOBBERS' EQUIPMENT WAREHOUSE, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE FUEL STATION DISPENSING EQUIPMENT AT GENERAL SERVICES ADMINISTRATION, WITH FUNDS ALLOCATED FROM ACCOUNT CODES 05001.247000.664000.0000.00000 AND 31000.241000.664000.0000.00000 (PTAEO) 40-B74205B 05 1422 EQUIPMENT 241000 IN AN AMOUNT NOT TO EXCEED $60,183.22. 15-00534 Summary Form.pdf 15-00534 Bid Tabulation.pdf 15-00534 Corporate Detail.pdf 15-00534 Invitation For Bid.pdf 15-00534 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0224 CA.4 RESOLUTION 15-00547 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY LYNN CONE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LYNN WEATHERSPOON, AND ON BEHALF OF LYNN CONE, MARY WEATHERSPOON, ERIN WEATHERSPOON AND LYNTRELL WEATHERSPOON, AS SURVIVORS, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $350,000.00 TO THE PLAINTIFF IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED LYNN CONE, ET. AL. VS. CITY OF MIAMI, ET. AL., PENDING IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 13-24674-CIV-RLR, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND OFFICER City of Miami Page 7 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 MAURICE SODRE WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. 15-00547 Memo - Office of the City Attorney.pdf 15-00547 Memo - Budget Sign-Off.pdf 15-00547 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0225 Adopted the Consent Agenda PA.1 15-00529 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon END OF CONSENT AGENDA Chair Gort: Okay, the -- do I have a motion for the consent agenda? Commissioner Suarez: So moved. Commissioner Sarnoff. Second. Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PERSONAL APPEARANCES PRESENTATION MR. WILLIAM TALBERT, PRESIDENT & CEO OF THE GREATER MIAMI CONVENTION & VISITORS BUREAU TO ADDRESS THE CITY COMMISSION ON THE STATE OF THE TRAVEL AND TOURISM INDUSTRY. PRESENTED END OF PERSONAL APPEARANCES PUBLIC HEARINGS PH.1 RESOLUTION 15-00512 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "HARDING GROVE City of Miami Page 8 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 OAK," A REPLAT AND A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE 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. 15-00512 Summary Form.pdf 15-00512 Notice to the Public.pdf 15-00512 Legislation.pdf 15-00512 Attachment 1.pdf 15-00512 ExhibitA.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon PH.2 15-00471 Department of Capital Improvement Programs/Transportat ion R-15-0226 Chair Gort: Personal presentation, it's already been done. PH1. Alice Bravo (Deputy City Manager/Chief of Infrastructure): Commissioner, PH.1 is a resolution accepting the proposed plat of Harding Grove Oak, located on the west side of Grove Street, between Hardie Avenue and Bonita Avenue. And this is subdivision of a plot to create four lots. Chair Gort: Right. Commissioner Suarez: So moved. Commissioner Sarnoff. Second Chair Gort: Moved by Commissioner Suarez; second by Commissioner Sarnoff. 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? Hearing none, seeing none, close the public hearing. Any discussion? Okay, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH 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, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OFASOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE INFRASTRUCTURE INSTALLATION OF ANCHORS AND CUSTOM BASEPLATES TO CORRECT TOPOGRAPHY AND SOIL CONDITIONS AT City of Miami Page 9 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 VIRGINIA KEY, SPECIFICALLY MIAMI MARINE PARK, ALSO KNOWN AS THE COMMODORE RALPH MUNROE MARINE STADIUM PARK ("MIAMI MARINE PARK"), FOR THE TENTING STRUCTURES REQUIRED FOR THE MIAMI INTERNATIONAL BOAT SHOW ("BOAT SHOW), WITH EVENTSTAR STRUCTURES, THE SOLE SOURCE PROVIDER; ACCEPTING AN IN -KIND DONATION FROM EVENTSTAR STRUCTURES ("EVENTSTAR") AND NATIONAL MARINE MANUFACTURERS ASSOCIATION, INC. ("NMMA") OF THE INSTALLED CUSTOM BASEPLATES VALUED AT $350,000.00; AUTHORIZING THE CITY MANAGER TO EXECUTE A TEN (10) YEAR CONCESSION AGREEMENT WITH EVENTSTAR STRUCTURES FOR THE EXCLUSIVE PROVISION OF TENT STRUCTURES AT VIRGINIA KEY, SPECIFICALLY MIAMI MARINE PARK, IN SUBSTANTIALLY THE ATTACHED FORM; PROVIDING FORA CONCESSION FEE PAYMENT TO THE CITY EQUAL TO TEN (10%) PERCENT OF GROSS REVENUES FOR THE FIRST FIVE (5) YEARS OF THE TERM, AND FIFTEEN (15%) PERCENT FOR THE LAST FIVE (5) YEARS OF THE TERM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, FOR SAID PURPOSE. 15-00471 Summary Form.pdf 15-00471 Notice to the Public.pdf 15-00471 Memo - Manager's Approval.pdf 15-00471 Memo - Request for Sole Source.pdf 15-00471-Submittal-John Gilbert -Letter of Opposition.pdf 15-00471 Legislation.pdf 15-00471 Exhibit - Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Noes: 1 - Commissioner(s) Sarnoff R-15-0227 Chair Gort: PK2. Alice Bravo (Deputy City Manager/Chief of Infrastructure): Commissioners, PK2 is an item requiring a vote of four -fifths affirmative vote to accept a sole source agreement with a company named "Eventstar" that will be providing tent structures at Marine Stadium. We're basically accepting a donation in the value of $350, 000 of concrete footers and customized sole proprietor steel plates that will be embedded underground, flushed with our asphalt surfaces and later covered by the artificial turf We would like to modify the item to add some additional "whereas" clauses that I'll read into the record. Whereas, NMMA (National Marine Manufacturers Association) has contracted with Eventstar, which is the only company in South Florida with sufficient capacity in terms of manufacturing, designing, fabrication and implementation of the product at the level necessary to complete the scope of work within the strict requirements placed upon the project due to conditions, location, and environment; whereas, Eventstar is fabricating tent inventory and specialized components specifically to meet the needs of the event; whereas, large tent structures are commonly secured by stakes with 42-inch deep nails placed into the ground which require suitable soil conditions and damage to asphalt or concrete surfaces; whereas, the City staff requested that Eventstar develop an alternative system that could be efficiently reusable while not damaging surfaces being built by City, and limiting reoccurring transportation impact and costs; whereas, Eventstar developed a reusable plate system that will be flush with adjacent surface and specific to this property and its City of Miami Page 10 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 conditions, as well as limit transportation of equipment necessary in comparison to other methods; whereas, pursuant to Section 18-92 of the Code of City of Miami, Florida, as amended, City Code, Chief Procurement officer can determine that competitive bidding methods are not practical if the unique and specialized expertise of one source occurs is unlikely to be obtained from any other source. So the exact aspect of the sole proprietor is that Eventstar, once this donation of the fabrication of the footings and the steel plates in place, if there were to be any other events at the site, they would be the tent provider for the site. And our agreement is clear that there's no guarantee of any other events at the site, so they're proceeding with this at their own risk. And additionally, we have a termination clause. Commissioner Suarez: Move it. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? Commissioner Carollo: Second for discussion. Chair Gort: Second by Commissioner Carollo. This is a public hearing. Is anyone in the public would like to address this issue? John Gilbert: Yes, sir. Good morning. Good morning, Mayor and Commissioners of the City of Miami Commission. My name is John Gilbert. I'm the Village Manager for the Village of Key Biscayne. And regarding PH.2, I'm here to express my concern. As we have slowly walked through this process with City Administration, things continued to have changed. Today I'm standing before you with an understanding yesterday that this event -- this 2016 Boat Show was a one-year event with discussions about how we could carry this forward. This action this afternoon -- or this morning, rather, seems to me to take this into a 10-year period of time with a commitment by Eventstar to put things in the ground at their expense and then expect something in return for the next 10 years. I'm very concerned about that. The Village, once again, is trying to gather information, but this seems to go against things that -- if I live in the world that I do daily, yesterday's news is different than what today is when I get up in the morning, so I ask you to be very, very cognizant of that. I've got other issues; I'll come back later on those. But, again, what we were led to believe for the 2016 Boat Show and where I'm currently at is in two different -- extremely two different locations. I'd also like to make sure that it's a letter of -- dated May 27, 2017 is incorporated into the record. Chair Gort: Thank you, sir. You give it to the Clerk. Mr. Gilbert: Thank you. Chair Gort: Anyone else? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Well, I don't know if we want to hear all public speakers before. Chair Gort: We're going to hear from the -- Commissioner Carollo: Okay. Chair Gort: No one else? We close the public hearing. So I'd like to hear for the presentation -- Commissioner Carollo: Absolutely. City of Miami Page 11 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chair Gort: -- then we'll ask the questions. Commissioner Carollo: Absolutely. Chair Gort: Yes, sir. Commissioner Suarez: Okay, thank you. Chair Gort: Yes, sir. Mr. Jeovanny Rodriguez (Assistant Director, Capital Improvements & Transportation Program): I'm here, sir, to answer any questions that the Commission might have as related to this item. Chair Gort: Okay. Ms. Bravo: The -- specifically, the terms in the agreement spell out that if there were to be any events at the site and they are the tent provider for the event, that then the City would get 10 percent of tent -related revenues in the first five years, and 15 percent of tent -related revenues in the second five years. Chair Gort: My understanding also, in reading through the documents, that the City at any one time, by noting in 60 days, can close the deal, and there's no liability to the City. Mr. Rodriguez: Ninety. Commissioner Carollo: Ninety. Chair Gort: Ninety days. Ms. Bravo: Correct. It's a 90-day -- Commissioner Carollo: Ninety days. Ms. Bravo: -- written notice. Commissioner Suarez: Right. Ms. Bravo: Termination for any -- Chair Gort: Commissioner Carollo. Ms. Bravo: -- reason without cause. Chair Gort: Commissioner Carollo, you're recognized. Commissioner Carollo: No, that's fine. I just want to clarify that it was 90 days -- Chair Gort: Ninety. Commissioner Carollo: -- in the contract. Commissioner Suarez: Mr. Chair. Chair Gort: Yes. City of Miami Page 12 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Commissioner Suarez: Thank you. No. Look, I understand the Manager's concerns. I think we've discussed it not only in this meeting; in the prior meetings. And I think the -- you know, the Commissioner of the district and I obviously have, you know, talked about those concerns, and we're in an ongoing process right now to determine the intensity or lack thereof of the site. I don't think -- and I think the Manager was very clear that this does not, in any way, shape or form, prejudice those discussions, or hinder them or predispose us to do anything in particular. You know, it is -- it's a lengthy agreement, but it makes sense, because they're making a significant investment in terms of whether -- if we are going to have events, whether it's a Boat Show or any other event, for that matter -- I mean, you know, we don't know what we're going to get out of this -- that they have the right to, because of their investment, be the exclusive vendor. But otherwise, I think the intensity of use is the issue that we're going to be discussing as this -- but I think we have a joint Commission meeting already scheduled, if I'm not mistaken, for -- Ms. Bravo: For June 16. Commissioner Suarez: -- June 16, so I look forward to that. I think we're going to hopefully make a tremendous amount of progress, and -- you know, and I think I've spoken to you privately. I know I've spoken to your Mayor, you know, privately, and what I've expressed is, you know, not to limit yourself in terms of creativity, in terms of coming up with solutions, including becoming a partner, potentially, in the future, you know, as a means of having a stake in what we do there. But, yeah, it's a process that's going to be ongoing. And I don't think this, in any way, negatively or detrimentally affects that. Thank you. Commissioner Sarnoff Mr. Chair. Chair Gort: Anyone else? Commissioner. Commissioner Sarnoff So Marine Stadium, I like to a very shining bright light, and I think that we're all a bunch of fire flies that are attracted to it, and as we fly around it, a couple of us get burned. I think we saw that with the Friends of Marine Stadium that came too close to it, and somehow, the rapture of Marine Stadium took them in. In November 2014, this Commission dealt with the Friends of Marine Stadium, and I think we issued a directive to the City Manager to start negotiating directly with the International Boat Show to bring the event to Marine Stadium. In December 11, 2014, during the discussion item regarding the creation of Marine Stadium, these were my words. I wanted to know what the event space, which I was not interested in -- what the park would look like 350 days a year; figured 10 days a year for the Boat Show. April 9, 2015, during that meeting, I was at odds with the Administration -- and it's just the famous Suarez pulling Sarnoff off the precipice -- when I learned that it would take three, possibly four months to put Humpty Dumpty back together again, which meant essentially that the soccer state -- soccer park, if you will, would be a soccer park again. If you remember, we agreed that -- I think the -- take down the equipment 28 days after the final day of the show, with a new soccer field in place 31 days at the end of the show, and that's how Suarez was able to keep me sort of in line with that vision. Today, though, you know, we're at a point where we are setting the very foundation, very groundwork for further events, and we're doing so by saying we're going to take a percentage. So we're creating, in essence, another light, another reason for the City of Miami to go beyond the Boat Show. As I said to everybody, I could live with the Boat Show and no other event spaces, but I'm not going to vote for this, because you have essentially set the stage for everything necessary to create further events. What those events are, how they're going to interact, you know, I don't know, and I don't think this Commission knows, either. I think the proper thing to do is to defer this for two months. We should have some meetings, public meetings -- I think we should have one prior with some Key Biscayne folks to hear what their issues are. We're going to have the joint session. I want to hear from the Brickell folks and from the Grove folks, too, to hear what their issues are with regard to traffic and how it will affect coming and going from the Key. I'm going to have some other comments on some of the other issues, because a lot of what goes on here will affect other parts of our City of Miami Page 13 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 community, and this is what happens -- you know, and I said this to the deputy this morning. You know, Commissioner Suarez, you asked, What's the status of that bathroom at Kennedy Park? I took my kid in there and I was embarrassed. "Well, we're going on six years of putting a bathroom in Kennedy Park. By the way, we're no closer to getting it done than we were six years ago, but we can get a boat show and get the undergrounding necessary in months . So I got to tell you, I think we should defer this for two months. I think we should go through the processes with Key Biscayne, give them some assurances; see if we can right this wrong, and if we can't, so be it. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: I'm going to try to walk him off the precipice again. No, I -- look, I think -- I under -- I hear your concerns. I think this particular item, in conjunction with the entirety of the investment, is infinitesimal. I mean, that is undoubtable. I mean, this is a -- you're talking about one investment of $300, 000 by an outside vendor versus our investment of $16 million, which is really, I think -- I mean, if you have issues with the intensity of the use or the intensity of the investment for a future use, that's the real issue. I think to have a company that's willing to make the -- and I guess, you know -- my wife, having coming from the event planning world -- you know, to have a site that's useable for events doesn't necessarily mean that you have any events. You can have -- for example, you -- we may decide next year, look, the Boat Show was -- and I'm not saying this is going to happen -- but the Boat Show was a colossal disaster -- traffic, you know, whatever, but -- and we never, you know, enter into that agreement again or don't go there again, but there may be other events that this kind of tenting is needed for; maybe smaller events, maybe events that have less intensity. And I just don't think we should -- I think they're independent questions, is what I'm saying. I think you can go toward with this without prejudicing all of the things that you're saying, because at the end of the day, we might decide to do no events, like you said, and we're still no worse off by having entered into this agreement. If we decide next year, You know what? We're not going to do any events." Or, "We're only going to do one event, and it's not going to be the Boat Show; it's going to be some small event, or we're going to limit the size, or we're going to limit the population, or we're going to do any sort of limits; 'this still benefits the City both on the infrastructure side in terms of the donation; and on the revenue side in case they do any sort of an event, we get the -- we get a portion of the revenue. So I don't really see the downside on this deal, per se, this item. I can understand the larger question, and I think -- again, I'm confident that based on the statements that we've made and based on Key Biscayne's steadfastness and the procedure that's ongoing that I believe in my heart that we are going to come to a solution that is good for all parties. I really do. I think it's a process that we have to undergo, but I don't think this particular item, in any way, shape, or form slows us down from that. That's just my perspective. I hope I was able to articulate a good enough reason to support it. Chair Gort: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. You know, we're talking about events, but isn't the notion of the Miami Marine Stadium to have events there? So I mean, if we're going to refurbish the Miami Marine Stadium to the tune of 30-something million dollars, whether it comes from the private sector, a private partner -- private/public partnership, but isn't that notion is that Miami Marine Stadium is to have events there? But now we're having an argument whether we should have events there or not. It's just -- it's a little baffling, and we're talking serious dollars here, so. You know, again, I'm willing to listen. I'm willing to, you know, join in the debate, the discussion, but -- I mean, so when we -- let's say if we do as we all have spoken about, refurbish the Miami Marine Stadium, are we going to refurbish it and not have any events there? And I think we would still have the same issues that, you know, we're dealing with with traffic. And by the way, I'm not trying -- I'm not saying that I'm not sympathetic to Key Biscayne City of Miami Page 14 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 and other areas of the Grove and Brickell, but, you know, we have to then also, you know, be pragmatic about what we're doing and how we're moving forward, because if one day we do refurbish that whole area -- and more specific, the Miami Marine Stadium is to have events there. So, you know, again, I would, you know, listen to my colleagues and continue the discussion. And by the way, on June 16, I want to make it clear, I will not be able to attend, and do not read into it. I have a CPA (Certified Public Accountant) conference that I have to attend. It'll be multiple days, and it includes June 16, so I will not be at that meeting. But that does not mean that I will not be engaged and you know, watching and really seeing how we move forward and see if we could build consensus, which is what I would like to do. Chair Gort: Thank you. Commissioner Carollo: Thank you, Mr. Chairman. Chair Gort: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Well -- and to continue that debate. Whatever happens in Marine Stadium, which, you know, I certainly am not necessarily aligned with the Administration the way they're doing it, because I would first find out what is the vision from a private sector person, whether it would be a Live Nation or something along those lines. What is the vision for that stadium? What you're then saying is, Well, let's also then have some events. "So you're kind of packing on top of each other. I've never said Marine Stadium shouldn't have a use, and I think it should have a use. What that use is, I don't think anybody up here has the expertise to tell us what that use is presently. But if you do create a use for that and then you do create event spaces, all you've done is compile on top of each other a use that never existed before on top of a use that existed for 20, 30 years in the City of Miami. So what I am suggesting is -- you're topping on top of each other. I'm not saying we shouldn't have the Boat Show. I -- you know, I'm sure Key Biscayne doesn't agree with me on that. But I'm saying the Boat Show and no more. That's what I'm saying. Commissioner Suarez: Mr. Chair. Chair Gort: You're recognized. Commissioner Suarez: I think -- ironically, I think we're all kind of saying similar things. I don't think anything that we're saying is inconsistent. I agree with Commissioner Carollo that when you look at this item, this is a very small item, you know, with a very small investment by an outside person, it's not by us, but his point is well taken. We are going to spend 16 million, plus 40, which is 56; plus, if we do a garage or anything like that, more money still. So I think that's really what puts more pressure on the determination of intensity of use, which, again, I don't really want to have that discussion here. I don't think it's smart to have it right now. Butl understand what you're saying. I actually had more issues with the RE (resolutions) items that we're going to look at in terms of the scope of the event and what they're going to use, and I think that should be more concerning to Key Biscayne, to be frank with you, and I think it's something that we're going to have to see how it plays out, interestingly. But for this item, I don't think it's a big deal. I don't want to make a mountain out of a mole hill with this one. I think for the RE items, we can talk about that, as well. Chair Gort: Yes, sir. You're recognized. Vice Chair Hardemon: When I think about the spaces that we have within the City of Miami to have events near the water, particularly, I think about your district, Commissioner Sarnoff, because it is in your district where we have the Bayfront area. Ironically, Commissioner Carollo, you are instrumental in the Bayfront Trust, and the one thing I always hear about that area is that the intensity of the use of the park is always a big concern, because when you have events City of Miami Page 15 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 like Ultra, and you have all these other major events like Best of the Best, it tears up the natural grass there. You have to constantly spend time to replace that grass, to put it in the condition where people can use it. So one of the things that interest me in this is that we're talking about an area that it is underutilized or not utilized at all, and in changing and transforming it to a space that can be used, that can be used without concern of the deterioration of the grass and reinvestment and making sure that it is in a condition that people can be safe on. And so, when we think about the overall redevelopment of this Marine Stadium and you add in consideration the Flex Park or the space, it sounds like a good idea. It sounds like a good idea to make it some place where you can possibly now have some of those events there instead of just next to someone's high-rise condo. Maybe that would alleviate some of the concerns that we have downtown with a lot of the residents there. That's just one of the things that I think about pertaining to it. Be I must say, though, that although when you read through some of the agenda items -- and one point, in particular, you talk about the historic Virginia Key Beach, that 50 percent of net parking revenues from the parking facility service will go to that beach. I don't know if Administration can tell me this, if you've done any research, but I would love to see more development done on Historic Virginia Key Beach to make it somewhere that people want to visit than just necessarily a trolley system that travels around. I think when people come there, it's a big disappointment. And the history there is unique, and it was the only place that African Americans could go to the beach, and now you can't get in the water there, which you probably shouldn't have gotten in the water then, but what is most important about that area is that if we're going to make it a tourist destination, if we're going to make the flex space what that is, if we're going to renovate the Marine Stadium, then why not make Virginia Key Beach, through an opportunity like this, with an organization as large as this organization is, make that whole area some place that people want to travel to. Ms. Bravo: And -- through the Chair. Chair Gort: Yes. Ms. Bravo: To respond. Commissioner, I couldn't agree with you more. For a long time, the Beach has had plans for a facility. I believe there are general obligation dollars from the County earmarked for that facility, and both our director of Real Estate Asset Management and Capital Improvements director are working actively with them to help bring those plans to fruition. So certainly, anything we can do in conjunction with the Marine Stadium, it makes perfect sense. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: And I can always appreciate getting different funding from different places, especially from the County. One thing that concerns me, though, is just the amount of time that it takes to actually get the money. One thing we always say, "First, you have to get the money, and then you have to get the money." So here we are with an opportunity that I think when you introduce the private sector to something that the public sector wants done and the people need within their community, you can have something that is developed. If we talk about -- Commissioner Sarnoff just said it. He said we have been talking about that bathroom facility at that park -- Commissioner Sarnoff Park. Vice Chair Hardemon: -- right -- for such a long time, but then here we are, and this is moving faster than the speed of light, basically. And so what I'd like -- Chair Gort: Private sector, always. City of Miami Page 16 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Vice Chair Hardemon: Yeah. But what I would like to see -- I would like to see that. I mean, I've seen when I've traveled to different cities and visited and watched how the private sector interacted with the public sector, how, in many of their contracts, they mandated that the private sector build a public station first. I've seen these types of things happen, just to show their commitment to making things work within their city, and I don't know if this is one of those opportunities, because the timeline is so short. But I will say, though, that we need this in our City badly. I think it's homage that you have to pay to the incorporators of this City. It's homage that you have to pay to the historic communities. And if we're serious about it, then it should show within our bargaining, if you will. Ms. Bravo: Agreed. Chair Gort: Thank you. Let me tell you, I remember when we used to have a place back in the Keys, in the -- in Crandon Park. We used to have a place there; and on the weekends, trying to come out, there was a problem. I think the City's worried about the traffic, and I think that's something that we all have to worry about, because we have it all over the place. I think the meeting that we're going to have together, it's going to be very important. At the same time, I think the people have to come up with some solution, how they're going to handle the traffic, how we're going to handle the traffic, both -- not inside, but in the City of Miami. I don't have any problem voting on this today. I think we're going to have a meeting with -- I think what they're really scared of is this traffic going all the way into the City itself or can we stop that traffic from going to there by doing the routing and using other sources of -- which is very important that we can do. But I think they're worried about having major events every day, and then that becomes a problem. But I think, really, what we need to do when we get together with the City, we also need to get the County involved, because the County's got a lot of problems; the bridges and the roads and that can be improved. There's a lot of things that the County can do also to improve the traffic in that area, which is so important. I would not have any problem voting on this today, because we're going to have the meeting, and I'm sure in the meeting, we could come up with a lot of solutions. Yes, Mr. Mayor, you're recognized. Mayor Tomas Regalado: Thank you, Mr. Chairman. I was listening to the conversation, and I was listening to the Manager. Andl think it's important to have some historical documentation about what has happened in many years and past. I think it's unfair that this City Commission is being blamed for having events, or the renovation of the Marine Stadium, or creating chaos in the Rickenbacker Causeway, because the other Commission, the Commission before this one, decided to reject the EDSA (Edward D. Stone, Jr. and Associates) Plan. The EDSA Plan was a plan, as Commissioner Sarnoff will remember, that called for the demolition of the Miami Marine Stadium and the creation of a major development, water -related stores and restaurants; moving the Rustic Pelican and creating a huge marina with a restaurant; building six garages in Virginia Beach of three stories around soccer parks and all that. The EDSA Plan was a huge, intense development project for the Virginia Key area, owned by the City of Miami. So it's unfair because you all walk on the shoes of past Commission and past elected official. It's unfair that you're criticized, because your predecessors decided to bring down the intensity, bring down the density, and have just the renovation of the Miami Marine Stadium. I remember, as a journalist, I used to cover Our Lady of Charity masses with almost 9,000 people. People stood outside. The cars were backed up in Rickenbacker, and it end at midnight. It began at 5 p.m. and end at midnight every year. And I remember the sunrise services of Easter; by 4 a.m., the place was packed, because they were waiting for this. So I remember the concerts; I was there. I remember the boat planes, the boat races and plane races, and people having parties in the -- And then when the stadium was not being used, I remember that all of the cars of the tennis tournament were parked there, hundreds and hundreds and hundreds of cars were parked there. That's intensity. So I think it's unfair to judge what this Commission is doing, because it could have been that you could have been stuck with the EDSA Plan, you know. Had the other Commission approved the EDSA Plan, then you'd be dealing with not building four garages or four stories in Virginia Key and having buildings, and shopping center and a mall there. So I just want to just City of Miami Page 17 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 SR.1 15-00234 Department of Planning and Zoning state that historical data, because I think it's important, because there are many newcomers, and I understand there's a new leadership in Key Biscayne. But the thing has been going on with many, many, many, many events for many, many years. Thank you. Chair Gort: Thank you, Mr. Mayor. Okay, we have a motion; we have a second. All in favor, state it by saying aye." Chair Gort: Aye. Vice Chair Hardemon: Aye. Commissioner Sarnoff. No. Commissioner Carollo: Aye. Chair Gort: Thank you. The "aye" passes. END OF PUBLIC HEARINGS SECOND READING ORDINANCES ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35, ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "COCONUT GROVE BUSINESS DISTRICTAND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS," TO CLARIFY AND CORRECT LANGUAGE AS TO EXCLUSIONS OF PARKING REDUCTIONS AND RELAXATION OF PARKING REQUIREMENTS WITHIN THE ALREADY ESTABLISHED PARKING TRUST FUND; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00234 Summary Form SR.pdf 15-00234 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez 13520 Chair Gort: SR.1. Alice Bravo (Deputy City Manager/Chief of Infrastructure): SR.1 is an amendment to -- Commissioner Sarnoff. I could help you, if you'd like. Ms. Bravo: I'm sorry. SR.1 is an amendment to Section 35-220 of the City Code regarding off-street parking requirements. Chair Gort: Yes, sir, you're recognized. Francisco Garcia: Thank you, sir. For the record, Francisco Garcia, Planning & Zoning director. As stated by the deputy City Manager, this amendment intends to clarify within the City City of Miami Page 18 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Code that within parking improvement trust fund districts, the only way to obtain relief for the provision of parking onsite is through payment of the parking waivers. There is one exception that has been brought to my attention that I wanted to share with you that may result in a slight amendment to the ordinance proposed, and it is this: In some instances, there are special area plans within these parking improvement trust fund districts which, within them, has specific provisions that allow for off -site parking, such as the case with the Design District. Now, there is some argument to be made as to whether the special area plan language supersedes. It certainly does supersede other applicable language in the Zoning Ordinance, but it may or may not supersede language in the City Code. To the extent that the special area plan language does not supersede the language in the City Code, we would like to make it clear here in this amendment that special area plan provisions are not to be affected by this amendment to the City Code. To that end, the language that we vetted with the City Attorneys Office, with the deputy City Attorney is to perhaps include language that says at the end -- so I will make reference to Section 35-220, the last line -- second to the line, I'm sorry, says, "Shall not be made available within areas." So between "available" and "within areas, " we would like to include, parenthetically, "Unless otherwise provided for within established special area plans. " I would propose that amendment to you. We think it captures the intent of the ordinance, and it avoids the confusion that existed previously. Commissioner Sarnoff So moved. Chair Gort: Okay, been moved by Commissioner -- Vice Chair Hardemon: Second. Chair Gort: -- Sarnoff -- Commissioner Sarnoff As amended. Chair Gort: -- second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying "aye." Todd B. Hannon (City Clerk): Chair? Chair Gort: Yes. Mr. Hannon: It is an ordinance. Chair Gort: It's an ordinance. Mr. Hannon: Public hearing. Chair Gort: Open up public hearing. Is anyone in the -- would like to address this issue? Steve Wernick: Good morning, Commissioners. Steve Wernick, One Southeast 3rdAvenue, here on behalf of Miami Design District Associates, and just confirming that I think the addition that Mr. Garcia made clarifies that the special area plans do have some unique parking situations, so supporting it. Thank you. Chair Gort: Thank you. Anyone else? Close the public hearing. Ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item SR.1. So, just for clarification, Madam City Attorney, this item is being amended on the floor? City of Miami Page 19 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 RE.1 15-00570 Department of Community and Economic Development Ms. Mendez: Yes. Mr. Hannon: Okay. A roll call on item SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 3-0. END OF SECOND READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO GRANTAN EXTENSION OF TIME FOR THE 2014-2015 AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") ANDALLAPATTAH COMMUNITY ACTION, INC., EXTENDING THE AGREEMENT END DATE FROM MARCH 31, 2015 TO SEPTEMBER 30, 2015, OF POVERTY INITIATIVE FUNDS FOR PUBLIC SERVICE ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE(S). 15-00570 Summary Form.pdf 15-00570 Pre-Legislation.pdf 15-00570 Legislation.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-15-0228 Chair Gort: RE.1. George Mensah: Good morning, Commissioners. George Mensah, director of Community & Economic Development. RE.1 is a resolution of the Miami City Commission authorizing the City Manager to grant an extension of time for the 2014-2015 agreement between the City of Miami and Allapattah Community Action, extending the agreement from March 31, 2015 to September 30, 2015. Commissioner Sarnoff. So moved. Chair Gort: Okay, it's a motion in favor. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by the Vice Chairman. Yes, ma'am. Carmen Boye: Hi. My name is Carmen Boye. I'm a student at the Miami Dade College. And this is a really new experience for me. I've never been to a community meeting, and it's awesome. City of Miami Page 20 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chair Gort: You're doing very well. You're talking to us. Ms. Boye: I was supposed to; it's part of my project. But I think that there are many people like me; have never been involved in the community at all, and I'm not informed about the issues being discussed, but this is really eye-opening, and I think that -- I'm sorry for being off topic, but that this should be like kind of advertised like "Come to our meetings," or something like that, because it's really important so that people know. And I'm grateful for all of you, because I see how issues are being discussed and how people from many different cities and part of the districts are, you know, coming to speak out. And you're all doing a great job, so thank you for that, and -- Chair Gort: We thank you. And I'd like somebody to explain to her all the advertising that goes out on the meetings so she will know. Victoria Mendez (City Attorney): The -- Mr. Clerk is better adept at -- Chair Gort: Yeah. Ms. Mendez: -- explaining this. Todd B. Hannon (City Clerk): We actually use four publications: The Miami Today, the Daily Business Review, Diario las Americas, and The Miami Times. But we also post the meeting on our website as well, so we do reach out as much as we can regarding our public meetings. Ms. Boye: Well, go on Instagram, go on Facebook, 'cause we're there. Vice Chair Hardemon: You're hired. You're right. Ms. Boye: Thank you. Chair Gort: That's right. That's a good suggestion, yes. Ms. Boye: Thank you. Chair Gort: I was going to -- that was going to be my second question: What do you suggest beyond that. Ms. Boye: What do I? Chair Gort: What do you suggest, Facebook and --? Ms. Boye: Instagram, Twitter. Chair Gort: Twitter. Ms. Boye: You got, let me see, Tumblr. I work at Publix, so I don't know. Go to the stores, as well. Chair Gort: No. Well, thank you for coming. We appreciate it. Ms. Boye: Thank you. Chair Gort: Thank you. Well, Communication, you heard that. Okay, RE.2. Commissioner Sarnoff Have we voted on -- City of Miami Page 21 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 RE.2 15-00520 Department of Community and Economic Development Mr. Hannon: Chair, if you'd like to take a vote on RE.1. Chair Gort: I thought we did. Okay, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 6 TO THE AGREEMENT WITH FLAGLER FIRST CONDOMINIUMS, LLC, IN SUBSTANTIALLY THE ATTACHED FORM, RELATING TO THE REDEVELOPMENT OF AN AFFORDABLE HOUSING CONDOMINIUM PROJECT KNOWN AS FLAGLER FIRST CONDOMINIUM, LOCATED AT 101 EAST FLAGLER STREET, MIAMI, FLORIDA ("PROJECT"); PROVIDING AN EXTENSION OF THE DEADLINE FOR THE SALE OF ALL THE PROJECT RESIDENTIAL CONDOMINIUM UNITS UNTIL MARCH 31, 2016. 15-00520 Summary Form.pdf 15-00520 Pre-Legislation.pdf 15-00520 Legislation.pdf 15-00520 Exhibit - Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0242 Chair Gort: RE.2. Alice Bravo (Deputy City Manager/Chief of Infrastructure): RE.2 is execution of Amendment Number 6 with -- to the agreement with Flagler First Condominiums to provide an additional time extension to March 31, 2016 to allow the developer to close on, I believe, nine remaining units that are under contract to fulfill their obligation for affordable housing units . George Mensah (Director, Community Development): Good afternoon, Commissioners. George Mensah. I'm director of Community & Economic Development. PH.2 -- I said PH2. Commissioner Carollo: RE.2. Mr. Mensah: RE.2 -- Chair Gort: RE.2. Mr. Mensah: -- is a resolution that's authorizing the Manager to execute Amendment Number 6 to the agreement with Flagler First Condominiums that extends the agreement until March 31, 2016. Chair Gort: My understanding, they had a lot of problem because there was -- funds involved from the County and the -- some of the requirement from the County was kind of very restrictive City of Miami Page 22 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Mr. Mensah: Yes. Chair Gort: -- very (UNINTELLIGIBLE). Mr. Mensah: Yes. That's the problem they are having currently. That's why they've not been able to sell out the units. Chair Gort: Thank you. Yes, sir. Richard Kuper: Yes. Good afternoon, Mr. Chairman, honorable members of the Commission. My name is Richard Kuper, with law offices at 226 East Flagler Street in downtown Miami. I'm here on behalf of Flagler First Condominiums and its managing partner, Sergio Rok, and we're -- staff briefed you correctly. We're asking for an extension until March of 2016. I am pleased to report that since we were here last time, under very difficult situations, we were able to -- I shouldn't say "we" -- the broker and Mr. Rok were able to sell three units. And today, I'm pleased to inform you that we have about eight units under contract, and we think that if we're able to get the extension, we will definitely have them sold and we'll be able to complete this project in the right manner. Chair Gort: Okay. Commissioner Sarnoff So moved. Chair Gort: Been moved by Commissioner Sarnoff -- Commissioner Carollo: Second. Discussion. Chair Gort: -- second by Commissioner Carollo for discussion. Commissioner Carollo: Thank you, Mr. Chairman. Question: Out of the nine that are remaining, you say eight are under contract? Mr. Kuper: I'm sorry; there are eight remaining units. And I can have Mr. Henry Paul -- he's the broker that's been working on this -- if you have any specific questions or answers that you need. According to our understanding, there were 11 units when we came; 3 were sold; there are 8 remaining right now, and they are under contract. Commissioner Carollo: So, whatever is remaining right now is under contract? Mr. Kuper: Yes, sir. Commissioner Carollo: Okay. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Kuper: Thank you. Chair Gort: Thank you. Mr. Kuper: Thank you, gentlemen. City of Miami Page23 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 RE.3 RESOLUTION 15-00451 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENTS TO THE TEMPORARY CONSTRUCTION EASEMENT, AND THE SUBSURFACE AND MAINTENANCE EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), ALONG SOUTHEAST 6TH STREET BETWEEN SOUTH MIAMI AVENUE AND SOUTHEAST 1ST AVENUE, GRANTED TO BRICKELL CITYCENTRE PROJECT, LLC, ON JANUARY 31, 2014, IN CONNECTION WITH THE SPECIAL AREA PLAN AND DEVELOPMENT AGREEMENT FOR THE BRICKELL CITYCENTRE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO RECORD SAID INSTRUMENTS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 15-00451 Summary Form.pdf 15-00451 Pre-Legislation.pdf 15-00451 Legislation.pdf 15-00451 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0229 Chair Gort: RE.2. Todd B. Hannon (City Clerk): Chair, that's to be heard after lunch. Unidentified Speaker: After lunch. Chair Gort: After lunch, that's good. RE. 3. Eduardo Santamaria: Good morning, Commissioners. Ed Santamaria, director of Public Works. RE.3 is a resolution authorizing the City Manager to execute a first amendment to the temporary construction easement and the subsurface and maintenance easement granted to Brickell City Centre Project. Commissioner Sarnoff. So moved. Chair Gort: Been moved by Commissioner Sarnoff -- Commissioner Carollo: Second. Chair Gort: -- second by Commissioner Carollo. Commissioner Carollo: Second. Discussion. Chair Gort: Discussion. Commissioner Carollo: Thank you, Mr. Chairman. Mr. Chairman, a question of inquiry from our Administration. When I see Brickell CityCentre, you know, I can't help but understand the impact that that development is going to have on the area, especially with regards to paramedics City of Miami Page 24 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 RE.4 15-00668 and fire. So I wanted to know where we were with possibly having some type of location there. Because I don't know if you're familiar with it, Commissioner Sarnoff, but the fire station, which is Fire Station 4, on 2nd Avenue, it's currently giving services to Brickell, West Brickell; it's going to be all the area of Brickell CityCentre, East Little Havana, the Roads, and parts of Shenandoah. Now, you have to admit, if they're in a high-rise in Brickell or in a high-rise in Brickell CityCentre and one or two other calls go out, it could possibly have fatalities involved because the response time will not be there. And as you very well know, the majority of the calls are not for fire related; they're for paramedics. So we have a lot of elderlies living in that area, and I just wanted to know where we were with Brickell CityCentre for possibly having a location within their, you know, area of construction to address that issue so we could provide better services, not only to Brickell CityCentre on Brickell, but to West Brickell, East Little Havana, and other areas. Alice Bravo (Deputy City Manager/Chief of Infrastructure): Through the Chair. Chair Gort: Yes. Ms. Bravo: We've engaged in a series of discussions with Swire, the parent company of Brickell CityCentre. They've -- we are looking at the layout of a fire station in their -- I think it's the North Block project, so they have verbally agreed to do that with us. We're working out documentation that they need as to the need for the area so that we can have a written agreement with them for the provision of that station. Commissioner Carollo: Okay, thank you. And, again, I -- you know, I want to make sure that everyone understands the need for another, you know, first responder station, fire station there in that area, because the bottom line is that I don't want the response time to go down and possibly have fatalities in the future. So I look at them as a good corporate and community leaders where they will address this issue and work with the City. So I just wanted to put that for the record. Thank you. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying aye. The Commission (Collectively): Aye. RESOLUTION District 2- Commissioner Marc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH David Sarnoff ATTACHMENT(S), CALLING ON UNITED STATES ("U.S.") SECRETARY OF TRANSPORTATION ANTHONY FOXX, U.S. SECRETARY OF COMMERCE PENNY PRITZKER AND U.S. SECRETARY OF STATE JOHN KERRY TO BEGIN OPEN SKIES CONSULTATIONS WITH THE GOVERNMENTS OF QATARANDTHE UNITEDARAB EMIRATES IN ORDER TO RESTORE FAIR MARKET PRINCIPLES AND TO ADDRESS UNFAIR SUBSIDIES PROVIDED TO THEIR STATE-OWNED AIRLINES. 15-00668 Legislation.pdf 15-00668 Exhibit.pdf 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 City of Miami Page 25 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 RE.5 15-00655 District 4- Commissioner Francis Suarez R-15-0230 Chair Gort: RE.4. Commissioner Sarnoff. Mr. Chair, three U.S. (United States) airline carriers -- American, Delta, and United -- and eight unions have formed the partnership for Open Fair Skies, and are calling the Obama Administration to open consultations with Qatar and the United Arab Emirates regarding the subsidization of their state-owned airlines, a clear violation of the Open Skies policy that each nation signed with the U.S. a decade ago. The partnership for Open Skies and Fair Skies, a coalition between Delta, American, United, and eight unions is gaining momentum. Recently, mayors from several major cities, including Detroit, had sent letters supporting its cause. Two hundred and sixty-two members of Congress, including 13 from Michigan, have come out in support of it. For instance, the mayor in Midland, Texas; Fargo airport director; mayor of Port Isabel, Texas; the Illinois Manufacturing Association are some of them that have supported this. This is a resolution supporting the Open Skies, and asking the Obama Administration to restore fair market principles, to address unfair subsidies provided to their state-owned airlines. I would make that motion, Mr. Chair. Chair Gort: Okay, it's a motion. Is there a second? Is there a second? Brian May: Just to urge your support. Chair Gort: He can't second. Mr. May: Urge your support. Commissioner Suarez: Okay, second Second Chair Gort: Motion by Sarnoff second by Commissioner Suarez. Any further discussion? Anyone in the public would like to address this issue? Seeing none, hearing none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO ADOPT A RESOLUTION, IN SUBSTANTIALLY THE ATTACHED FORM, AUTHORIZING AND APPROVING THE ESTABLISHMENT, SOLICITATION AND AWARD OF PUBLIC WATERBORNE TRANSPORTATION AT SPECIFIED LOCATIONS WITHIN THE CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN. 15-00655-Submittal-Brett Bibeau-Letter of Approval.pdf 15-00655 Legislation.pdf 15-00655 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon City of Miami Page 26 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 R-15-0231 Chair Gort: RE.6. Commissioner Hardemon is not here. Commissioner Suarez: Good presentation. Chair Gort: RE. 7. Todd B. Hannon (City Clerk): Chair, RE.5. RE.5. Chair Gort: RE.5, the -- okay. Commissioner Suarez, RE.5. Commissioner Sarnoff Urging -- Chair Gort: It's your item. Commissioner Suarez: Well, it's my item for you, Chair. Let me -- thank you, Mr. Chair. So this item -- and I want to thank Mr. Bibeau, Brett Bibeau. Brett Bibeau: Thank you, sir. Commissioner Suarez: Bibeau. I don't know what's wrong with me today. Mr. Bibeau: Got it. Commissioner Suarez: Thank you, Brett. Look, this is an item -- as the MPO (Metropolitan Planning Organization) member of the City of Miami Commission -- that the Chairman had asked me to look into and investigate. And in my conversations with Mr. Bibeau, we discovered that we could craft a resolution that could be voted on by the County Commission that would immediately provide for waterborne taxi service to a discreet number of sites that are City- or County -owned that are spelled out in the attached resolution. I had a sunshine meeting with Miami -Dade Commissioner, Xavier Suarez, and with you -- with your office, Mr. Chair, just to discuss this issue. And I think everyone's in agreement that, as a county and as a city, we need to increase connectivity through a variety of different means, and this is a way to do it immediately without the City having to spend any significant amount of money or any money at all. So I urge and I make the motion to pass this resolution. What I think I'll do is work with Mr. Bibeau to find who the best sponsor would be. At the County Commission, probably Commissioner Bovo or Commissioner Barreiro, whose district it touches, or maybe they can cosponsor it, and see if we can get the County Commission to pass this resolution. I want to thank Mr. Bibeau for their letter in -- his letter in support, and just make the motion. Thank you. Commissioner Carollo: Second. Chair Gort: Thank you. It's been moved by Commissioner Suarez; second -- Commissioner Carollo: Second. Chair Gort: -- by Commissioner Carollo. Yes, sir, you're recognized. Mr. Bibeau: Thank you, Mr. Chairman, honorable City Commission. Good morning. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. On behalf of the Miami River Commission, over 10,000 residents, business owners, and employees along the Miami River, I thank the City of Miami and Commissioner Suarez for preparing today's needed agenda item. The Miami River Commission's adopted 2001 Miami River Greenway Action Plan, the 2002 Miami River Corridor Urban Infill Plan, and the 2007 Miami River Corridor Multimodal Transportation Plan all recommended waterborne City of Miami Page 27 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 transportation. As the Miami River District's population, density, and attractions continue to grow, the desperate need for waterborne transportation is greater than ever. Waterborne transportation reduces vehicular congestion, gas consumption, and carbon emissions; therefore improving traffic and air quality. Please note, this proposal remains consistent with the current strong Manatee Protection Plan, in that all vessels on the Miami River must abide by the Idle No -Wake speed zone; and all the proposed public waterborne transportation locations to temporarily drop off and pick up passengers are located east of the fifth -- Northwest 5th Street Bridge. Your time and continued strong support for the Miami River District are appreciated. Thank you. Chair Gort: Thank you. As you travel throughout the world, all the major cities, they have -- the waters that they have, you can see how they being utilized to ferry people around, take them off the street in the vehicles. Yes, sir. Max Vlessing: Good morning, Commissioners. My name is Max Vlessing. I'm one of the owners of the Water Taxi Miami. We've been operating the water taxi already for the last four years here in Miami, and we are operating from Bayside Marketplace. We go to the Miami River many times to all the restaurants where people like to eat and dine. We have more locations, which we are looking at in the last four years; try to construct and set up as well. We also are operating to Miami Beach. We go to Virginia Key also. We have a lot of local people, as well, like also monthly riders who go on the water taxi, and all ask us for more locations to be picked up. It's been very difficult to get those locations in the last four years, because it's a struggle, as a small company as we are, to make a name here in the City of Miami and to be recognized as an official water taxi, which we are. We tried to work with any of you guys to see what we can do to make it more comfortable for everybody, and we will put our feet forward like we do as well in the other side of the City, which is Miami Beach, which we won an ITN (Invitation to Negotiate) together with our partner company, Island Queen Cruisers, where we are going to be constructing three to four new -- brand-new docks at various specific locations where people will be utilizing the water taxi; and that time we also will transfer the water taxi into more of a commuter service where we're going to start operating earlier in the morning to later at night where we can pick up people and drop them off and they can have a great time on the beautiful waters of Biscayne Bay. Thank you very much for your support. We do appreciate it. And whatever we can do, we'll be right here in Miami. Chair Gort: Thank you, sir. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I have a question, and we've spoken about, you know, water taxis and having the transportation in the water in the past, and I think we all agree on that. Question: If you're already operating, so what we're asking is for additional locations? I see all the locations there, but it mentions the Miami River, so different -- do we have to -- from the County, have permission for each stop that they make? Commissioner Suarez: Yeah. Commissioner Carollo: And that's what we're asking for, for the additional stops? Commissioner Suarez: Yeah, that's exactly right, Commissioner. What we're asking for is the specific permission to dock on City and County sites that would require no real expenditure of funds but would give permission to the operators and expand their ability to basically get people from point A'to point B'throughout the City and County. City of Miami Page 28 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Commissioner Carollo: Right. So it's happening already; it's just adding the additional sites, and I saw the long list of sites. The only one that I didn't see -- and I saw in there that it reads that you could add it later, but I did not see Marine Stadium there, and I think we should add Marine Stadium there for a future -- Commissioner Suarez: I'm okay with that. Commissioner Carollo: Because it doesn't hurt. Commissioner Suarez: Yeah. Mr. Vlessing: I mean, there are more -- Commissioner Carollo: It doesn't hurt -- Mr. Vlessing: -- there are actually more locations. Chair Gort: Excuse me, excuse me, excuse me. We're discussing among ourselves. Thank you. Mr. Vlessing: Oh, I'm sorry. Chair Gort: Thank you. Commissioner Suarez: Yeah, I agree with that. I think the only consideration that we were careful with was manatee zones. Commissioner Carollo: Obviously. Commissioner Suarez: And other than that, yeah, I'm good with that. Commissioner Carollo: And the -- yeah, but it's my understanding that the language that Mr. Bibeau mentioned, that you have to abide by all the -- Commissioner Suarez: Manatee regulations. Commissioner Carollo: -- yeah, all the environmental policies and so forth. So I would want to add Miami Marine Stadium. And again -- and the only other thing that I want to caution everybody is that you work with each -- either Parks director or each different location, since there's a long list of locations, to make sure where's the location is going to be. Commissioner Suarez: At that place. Commissioner Carollo: Right. Because in other words -- Commissioner Suarez: Yeah; it varies. Commissioner Carollo: -- like you mentioned Bayfront Park, and I think, yeah, it's great; however, what location in Bayfront Park? Commissioner Suarez: Understood. Commissioner Carollo: So work with the executive directors, work with the different locations so we can make sure, you know -- Commissioner Suarez: Understood. City of Miami Page 29 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Commissioner Carollo: Miami Marine Stadium, again, we don't know which location, you know, or whose -- Commissioner Suarez: That's fine. Commissioner Carollo: So I just want to make sure that there's that, I guess -- Commissioner Suarez: Cooperation. Commissioner Carollo: -- cooperation and discussion and, you know -- Commissioner Suarez: That's fair. Commissioner Carollo: So if you'll accept those friendly amendments. Commissioner Suarez: I do. I accept both of them. Chair Gort: My understanding, they already working on that. But yes, ma'am, you're recognized. Alice Bravo (Deputy City Manager/Chief of Infrastructure): May I propose we also add this site, the -- in the vicinity of City Hall to the list -- Chair Gort: Sure. Ms. Bravo: -- as something we can explore? Commissioner Carollo: I think -- Commissioner Suarez: I would -- I'd agree with that, but I -- Commissioner Carollo: I think it's in there already. I think City Hall is there. Ms. Bravo: Okay, yes, yes. Commissioner Suarez: Dinner Key maybe. Yeah. Commissioner Carollo: City Hall is there. Chair Gort: Okay. My understanding, this is just the beginning, asking the Commission, the Miami -Dade County Commission to pass a resolution approving this, but at the same time, I think the MPO should start working into a comprehensive water transportation plan where they can use ferries from one side of the City to the other side of the City, and I think that's very important. That should be part of the transportation system that needs to be put together. Commissioner Suarez: Yeah, and I agree. I think, you know, one of the neat things about this, once it develops, is obviously being sensitive to the manatee issue and to the River Commission's issues. You know, this could actually lead to even more, which is what we were talking about in the sunshine meeting; maybe larger vessels, depending on, you know, the sensitivities involved, but absolutely. And I thank you, Commissioner. I think this was a common sense thing. I do want to add City Hall just in case, because I don't see it here. Commissioner Carollo: I think I read it in here. City of Miami Page 30 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Ms. Bravo: It's under "L." Commissioner Suarez: Huh? Ms. Bravo: Under Section L." Commissioner Suarez: Is it in L? Ms. Bravo: Yes. Commissioner Carollo: Yes. I'm pretty sure that read it. Commissioner Suarez: "See 'L.'" Yeah, there it is, "Miami City Hall." Yeah. Okay, perfect. Commissioner Carollo: I'm going on memory, but. Commissioner Suarez: So -- yeah. Yeah, yeah, yeah. Okay, great. Thank you. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Hannon: As amended. Commissioner Suarez: Thank you. Chair Gort: As amended. RE.6 RESOLUTION 15-00551 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE CommissionerKeon PROHIBITIONS IN SECTION 2-11.1 OF THE CODE OF MIAMI-DADE Hardemon COUNTY, AND APPROVING ACCEPTANCE OF THE PAYMENT OF CERTAIN TRAVEL EXPENSES BY TURKIC AMERICAN FEDERATION OF SOUTHEAST, FORA BUSINESS DEVELOPMENT MISSION TO TURKEY, WHICH MISSION IS FOR THE USE AND BENEFIT OF THE CITY OF MIAMI ("CITY"); AUTHORIZING COMMISSIONER KEON HARDEMON TO REPRESENT THE CITY IN THIS ENDEAVOR; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE COMMISSION ON ETHICS. 15-00551 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0232 Chair Gort: RE.6. Commissioner Suarez: So moved. Commissioner Carollo: Second. City of Miami Page 31 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 RE.7 15-00560 Department of Real Estate and Asset Management (RE.7) 15-00560 Department of Real Estate and Asset Management Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying iye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY GRANTS TO NMMA, TEMPORARY ACCESS RIGHTS, TO USE CERTAIN PORTION OF CITY -OWNED PROPERTY, LOCATED AT 3801 RICKENBACKER CAUSEWAY MIAMI, FL 33149 ("PREMISES"), AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT"A", ATTACHED HERETO, FOR THE PURPOSES OF STAGING, PROVIDING PARKING, PROVIDING SHUTTLE SERVICE OVER, ACROSS, AND THROUGH THE PREMISES, AND OTHER ANCILLARY USES DURING THE BOAT SHOW, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT AS NEEDED, SUBJECT TO THE CITY ATTORNEY'S APPROVAL. 15-00560 Summary Form.pdf 15-00560-Submittal-John Gilbert -Letter of Opposition.pdf 15-00560 Legislation.pdf 15-00560 Exhibit 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-15-0241 Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY GRANTS TO NMMA, TEMPORARY ACCESS RIGHTS, TO USE CERTAIN PORTION OF CITY -OWNED PROPERTY, LOCATED AT 3801 RICKENBACKER CAUSEWAY MIAMI, FL 33149 ("PREMISES"), AND MORE City of Miami Page 32 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, FOR THE PURPOSES OF STAGING, PROVIDING PARKING, PROVIDING SHUTTLE SERVICE OVER, ACROSS, AND THROUGH THE PREMISES, AND OTHER ANCILLARY USES DURING THE BOAT SHOW, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT AS NEEDED, SUBJECT TO THE CITY ATTORNEY'S APPROVAL. 15-00560 Summary Form.pdf 15-00560-Submittal-John Gilbert -Letter of Opposition.pdf 15-00560 Legislation.pdf 15-00560 Exhibit A.pdf Motion by Commissioner Sarnoff, 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-15-0241 Chair Gort: Why don't we -- since we have the people from the Village of Key Biscayne here, why don't we go into the other -- the -- RE.5, 7, 8, 9, 11, and 12? Alice Bravo (Deputy City Manager/Chief of Infrastructure): RE.7 is the next item associated with the Boat Show. Daniel Rotenberg: Good morning, Commissioners. RE.7 -- Daniel Rotenberg, director of Real Estate & Asset Management. RE. 7 is resolution for Arthur J. Lamb Road. It's for the parking portion, approximately 15 to 1,800 cars parking along the road over there, and it's also for the use of the area that used to be known as Jimbo's for staging. Chair Gort: Okay. Question? Motion? Commissioner Suarez: So moved. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. For discussion. Yes, sir, you're recognized. John Gilbert: I'm sorry. I just would like to go on the record for one particular item regarding this resolution and resolutions you'll be hearing in a few moments. I ask the Commission to please pay special attention to the sections that are called Purpose and duration of access. "We're being talked about up here, and I say fire. " The Village is being talked about about a one five-day event, which is called the (UNINTELLIGIBLE) International Boat Show. But please, in viewing the documents, recognize that in many of these cases, we're talking about limiting the availability of the citizens of not only Key Biscayne, but the City of Miami and all of Dade County and its visitors, during a very highly utilized President's Day weekend, that's going to affect a number of areas along the Rickenbacker Causeway. This is just the first one, but we're going to be talking, I think, a little bit later on -- and the duration is not a five-day event. And that's one of the questions that we've had. And we ask you, once again, to please pay special attention to just how this is going to impact people that have no idea, until they get on that Causeway and they're trying to come and get their boat out or they have an evening event scheduled at the Rusty Pelican, and that they haven't been notified beforehand. This is going to have an impact on people who don't really understand what's happening here in the big picture. City of Miami Page 33 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Thank you. Chair Gort: Thank you, sir. Yes, sir. Commissioner Suarez: No, I just -- to me -- I mean, I'm looking at the section that the Manager from Key Biscayne is referring to. It seems to me -- actually, it's a little better than, from my recollection, than what we've talked about, Commissioner Sarnoff, before, because it says to me 5 days allocated for the show, and then 21 proceeding commencement, and 14 after for removal and takedown, which is actually a more aggressive timeline, ifI recall, than the last one that we talked about, which is good for us, and I think is good for everyone else, because I think it opens up and minimizes the impact of the event itself. So, I mean, I think that's a good thing. I don't know. Chair Gort: Okay. Any further discussion? You're recognized. Commissioner Carollo: Thanks, Mr. Chairman. So according to the documents, what it stipulates is that load in, load out and show dates, we'll have a total of 40 days. Commissioner Suarez: Yeah. Mr. Rotenberg: Correct. Commissioner Carollo: And previously, what was the amount of days? Because I think it was higher. Chair Gort: Six months. Ms. Bravo: Those were the dates in the original license agreement. Those all match up. Commissioner Suarez: But there was some talk of like 60, 70 days at one point. Commissioner Carollo: Right. Ms. Bravo: That was only for the Marine Stadium site itself -- Commissioner Suarez: Okay. Ms. Bravo: -- for the setup of the temporary structures in this first year so we can work out the bugs. Commissioner Sarnoff. This -- Commissioner Carollo: And, again, I mean, in all fairness, if it doesn't seem to work out, we could -- Commissioner Suarez: Of course. Commissioner Carollo: -- just, you know, with written notice, you know, walk out of the contract, so, you know. I think -- you know, Commissioner Sarnoff, you mentioned about the one-year trial period. Well, we could have that one-year trial period and see where we're at. I mean, you know, it's not binding for 10 years, unless one of the parties, you know, gives written notice. Commissioner Sarnoff And candidly, I'm probably going to support this one, because I would love for the purpose, duration of access agreement -- City of Miami Page 34 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Commissioner Suarez: To be (UNINTELLIGIBLE). Commissioner Sarnoff -- to be -- Commissioner Suarez: Yeah. Commissioner Sarnoff -- the purpose and duration access agreement on the actual grounds of Marine Stadium, because that was what we talked about when we first got into this, what I call, slippery slope. I'm going to support this, because -- Commissioner Suarez: And can I just say one last thing? Because this is a little bit kind of topic too, but we're dealing with all this, and it goes to Commissioner Carollo's point. We're talking about two things here. We have the parking lot, which was the subject of the HEP (Historic & Environmental Preservation) Board appeal and all that and how we end up using that facility, if you will, and then you have the stadium, which is -- as Commissioner stated, we're going to invest potentially $40 million. That's a whole 'nother facility, if you will, that can be used in different ways, different levels of intensity, and I think all that has to be discussed in conjunction with what Key Biscayne's concerns are. Chair Gort: Okay? Any further discussion? Commissioner Suarez: No. Chair Gort: Being none, all in favor, state it by saying Bye." The Commission (Collectively): Aye. Later... Chair Gort: RE (Resolution) -- Victoria Mendez (City Attorney): And, Mr. Clerk, just to be clear, we voted on RE.7. Commissioner Sarnoff Eight. Todd B. Hannon (City Clerk): No, that's RE.8. So I was -- Ms. Mendez: No. Before that, we -- Mr. Hannon: I was going to ask -- Ms. Mendez: Oh. Mr. Hannon: -- the Chair if we need to go back and reconsider RE.7 to amend that agreement to include the indemning hold harmless. Ms. Mendez: Exactly. Chair Gort: Do I have a motion to reconsider RE.7? Commissioner Suarez: So moved. Commissioner Carollo: Second. City of Miami Page 35 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chair Gort: It's been moved and second. RE. 7. Commissioner Sarnoff Move to approve RE.7, Mr. Chair, with the NMMA indemnifying and holding the City harmless for any actions as a result of the temporary access rights to use certain portion of City -owned property, locate at 3801 Rickenbacker Causeway. Commissioner Carollo: Second. Chair Gort: It's move and second. All in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Hannon: As amended. Chair Gort: As amended. Ms. Mendez: Thank you. RE.8 RESOLUTION 15-00561 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO Management EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND NATIONAL MARINE MANUFACTURERS ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY GRANTS TO NMMA, TEMPORARY ACCESS RIGHTS, TO USE THE CITY -OWNED PROPERTY KNOWN AS MARINE STADIUM MARINA, LOCATED AT 3501 RICKENBACKER CAUSEWAY MIAMI, FL 33149 ("PREMISES"), AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, FOR THE PURPOSES OF PROVIDING PARKING, RESTROOMS, EXHIBITION SPACE, CONCESSION SPACE, AND OTHER ANCILLARY USES, INCLUDING BUT NOT LIMITED TO, INSTALLING AND REMOVING TENTS, PROVIDING DEMONSTRATIONS DURING THE BOAT SHOW, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT AS NEEDED, SUBJECT TO THE CITY ATTORNEY'S APPROVAL. 15-00561 Summary Form.pdf 15-00561-Submittal-John Gilbert -Letter of Opposition.pdf 15-00561 Legislation.pdf 15-00561 Exhibit A.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-15-0233 Chair Gort: RE.8. Daniel Rotenberg (Director, Public Facilities): RE.8 is the Marine Stadium Marina Access. Again, the same purpose: providing parking, restrooms, exhibition space, concession space. City of Miami Page 36 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Please note, all the access agreements that you're looking at can be cancelled without recourse, and are automatically canceled if the master lease is canceled Again, this is very similar. This is just for the -- marina that the City controls. Chair Gort: Okay, thank you. Motion? Discussion? Do I have a motion? Commissioner Suarez: So moved. Chair Gort: It's been moved by Commissioner Suarez. Commissioner Carollo: Second; discussion. Chair Gort: Second by Commissioner Carollo. You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I want to post a question to the director. How much of an impact would it be for the residents to have the boats there? Will they still be able to have access in those X' iumber of days to put their boat in the water and go out and then come back? Mr. Rotenberg: During the term of the Show, the five days, it's going to be inaccessible; the setup and the takedown, the boats will be accessible. There are going to be tents erected; it's going to cause us some difficulty, but we're trying to leave a path between the dry stacks and the water so the (UNINTELLIGIBLE) piers are accessible, including the fuel pier that we have that fills up. Commissioner Carollo: So let me understand this. For the five days of the actual Boat Show, it will not be accessible? Mr. Rotenberg: That's correct. Commissioner Carollo: Have we notified all the owners of -- that have the boats there? Mr. Rotenberg: Yes. We've already started sending out letters. We've sent out letters that state that up to 50 of the marina users may be affected It depends on the responses we get; it may not affect as many. But we figure that the most it will affect will be 50 users. Commissioner Carollo: Would -- Mr. Rotenberg: And we're making some of the other marinas available for them. So with enough time and preparation, we can move them to Dinner Key; we can move them to Bayside. Commissioner Carollo: Andl don't want to give anyone any ideas, but at the same time, I mean, we have fiduciary duty to, you know, the City and our residents. Within those period of time, is it a possibility that they ask for a reduction in the fees that they pay for those five days or for those -- you know, it might be a legal question, because, in all fairness, they may ask for -- you know, we might be able to remedy that by saying, !ley, you'll have access to Bayside, or Dinner Key or another." Mr. Rotenberg: We've made preparations. We're dealing with each marina user on a case -by -case basis. We do have the same or a similar situation at Bayside during strictly sail, and we work case by case with them, and we try to accommodate each and every marina user. Commissioner Carollo: And where I'm going with this, if that's the case, I would want to be able to have any reduction in fee from any marine user to then be paid by -- I don't know their whole name, but the Boat Show people, and I apologize for lack of better words. But I just want to City of Miami Page 37 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 make sure that the City of Miami maintains whole with approving this, and we're not just, you know, overlooking, you know -- Commissioner Sarnoff Are you asking for an indemnification from the NMMA (National Marine Manufacturers Association) in the event the City is sued by any of its users for lack of access? Chair Gort: That is correct. Commissioner Carollo: You're the attorney, so -- Commissioner Sarnoff Well, Ilike -- Commissioner Carollo: I'm the accountant. I'm the one who's looking at the numbers and seeing where we could lose some money, but you're -- you could better state it in language. And again, what I want to make sure is that, you know, if we are going to limit their access and there's any litigation in the future where the City could potentially lose money, that, you know, we are, I guess you're saying, indemnified or at least remedied. Commissioner Sarnoff Well, it should be -- so let me -- you're the seconder; let me suggest something to you, that this be amended -- Commissioner Carollo: And if you will, Commissioner Sarnoff. If you will, I want to make sure our City Attorney is listening to this, because I'm going to be yielding to her. Commissioner Suarez: By the way, just for the record, they have an umbrella policy of $10 million. I mean -- Mr. Rotenberg: We do have a clause in another one of the agreements where we have the ability to have a covenant to make the City whole, so we can work on a clause like that with the City Attorney. Commissioner Sarnoff From this Commission, all we're asking is they be -- in the event that there's any litigation attendant to any users of City of Miami property, that the NMMA -- Commissioner Suarez: Indemnify. Commissioner Sarnoff -- hold harm -- no. It's also a hold harmless and indemn us. You want them defending us and then you want them paying for the matter, and I would suggest that would be a good -- it would be a good amendment for you to make. Commissioner Carollo: I'll -- Chair Gort: There's' a friendly amendment by Commissioner Sarnoff. Does the maker of the motion accept that? Commissioner Suarez: Si. Chair Gort: Need a second. Commissioner Carollo: Yes, but I want to yield to my City Attorney to make sure that she's okay with it, because -- and again, I think I've established my intent. And listen, I understand the umbrella policy, but we're voting on these individually, so I want to -- just want to make sure that we're clear and there's no ambiguity for the future. So I want to yield to my City Attorney. I would say, 9es,'but again, I want to make sure I get her guidance. City of Miami Page 38 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Victoria Mendez (City Attorney): First of all, I wanted to bring to your attention that in the past, these marinas have been closed for like, let's say, a movie filming, and things of that nature that there hasn't been access. This isn't the only time in a vacuum that there hasn't been access to the marina facilities. But with that said, we would need to -- if the Commission is so inclined, we would need to amend each of these agreements to have this little provision that if there's any issue with regard to access, that NMMA would assist with that and hold us harmless with regard to that, but we would have to amend each of these agreements to say that. The other thing is that we're not sure exactly what the lease agreements that we have right now or the permits that we have with each individual user. I'm sure there has to be somewhere in there some language as to, you know, reasonable non -access for some reason is allowed, but I don't have that in front of me, so -- Commissioner Sarnoff But if that's the case -- Commissioner Carollo: But my thing is, you're asking me to vote on this now. Commissioner Sarnoff Right. But can I just say something? If that's the case, Commissioner, and there is a hold harmless and indemnity, then they will be holding us harmless, which means they'll be hiring a lawyer -- Commissioner Carollo: Understood, understood. Commissioner Sarnoff -- to say -- and by the way, a lawyer you won't be paying for, and not a resource off of her -- not a resource from the City Attorneys Office. Commissioner Carollo: Understood. Commissioner Sarnoff And in the event they're right, they win, great. In the event they're wrong, then they have to pay -- NMMA pays. Commissioner Carollo: And that's exactly why I'm bringing that point. That's exactly why I'm bringing the point. Ms. Mendez: It's fine. We can amend these agreements to address that point. Chair Gort: My understanding -- Ms. Mendez: Each one that we're about to vote on -- Commissioner Carollo: Right. Chair Gort: My understanding -- Ms. Mendez: -- and have voted on. Commissioner Carollo: And just to be clear, yes, I accept the amendment as stated by Commissioner Sarnoff. Chair Gort: Okay, that's been accepted. My understanding is, there's a plan to make people aware what's happening with all that. You guys have been working on this and a traffic plan for the whole thing. I think it's very important that people know that you're working on that, and I think it's going to be very important that we have all that notice the day we have the joint meetings. At the same time, my understanding in reading some of the documents in here, we signed an agreement with each one of the users in that area and they agreeing to it. It's my understanding. That's why we're going through this. Okay? Thank you. Any further City of Miami Page 39 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair Gort: As amended. RE.9 RESOLUTION 15-00562 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO Management EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), RICKENBACKER MARINA, INC. ("RICKENBACKER MARINA"), AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY AND RICKENBACKER MARINA GRANT TO NMMA, TEMPORARY ACCESS RIGHTS, TO USE A PORTION OF THE CITY -OWNED PROPERTY CURRENTLY LEASED TO RICKENBACKER MARINA, AND LOCATED AT 3301 RICKENBACKER CAUSEWAY MIAMI, FL 33149 ("PREMISES"), AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, FOR THE PURPOSE OF PROVIDING PARKING, RESTROOMS, EXHIBITION SPACE, AND OTHER ANCILLARY USES, INCLUDING, BUT NOT LIMITED TO, INSTALLING AND REMOVING TENTS, PROVIDING DEMONSTRATIONS, AND ACCESSING AND USING UTILITIES DURING THE BOAT SHOW, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; AND FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT AS NEEDED, SUBJECT TO THE CITY ATTORNEY'S APPROVAL. 15-00562 Summary Form.pdf 15-00562-Submittal-John Gilbert -Letter of Opposition.pdf 15-00562 Legislation.pdf 15-00562 Exhibit A.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0234 Chair Gort: RE.9. Daniel Rotenberg (Director, Public Facilities): RE.9. RE.9 is the resolution for Rickenbacker Marina for the access agreement to provide access to the privately -held marina over there for parking, restrooms, exhibition space, and other ancillary uses. Again, it's an ancillary agreement to the master lease agreement we already have with the Boat Show. Chair Gort: Okay. Is there a motion? Commissioner Carollo: Move it with the amendment. Commissioner Suarez: Second. City of Miami Page 40 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chair Gort: Moved by Commissioner Carollo with the amendment; second by Commissioner Suarez. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff So I just want to understand this agreement with Rickenbacker. They're allowing use -- nonexclusive use of the premise, right? So they're still going to operate as a marina, correct? Alice Bravo (Deputy City Manager/Chief of Infrastructure): Correct. Commissioner Sarnoff They're going to get $120,000, plus $10,000, plus 600 tickets valued at $30,000. Ms. Bravo: But they also reimburse a certain amount back for any of their labor that's used, so the 120,000 is meant to address any impact to their revenues, since the actual five days of the Boat Show people won't have access to the boats. Commissioner Sarnoff Uh-huh. So you're telling me that Rickenbacker Marina earns $120, 000 in five days? Ms. Bravo: Well, I'll direct you to the second to the last paragraph on page 2 of 18. Rickenbacker'- Commissioner Sarnoff I've read it. Ms. Bravo: -- Marina will agree to credit back'L- Commissioner Sarnoff But let me ask you a different question. So in the event that Rickenbacker didn't expend $120, 000 in labor, which they won't -- I mean, that's not even passing the smell lab test -- they get to keep the $120, 000. Ms. Bravo: They'll keep that, and we'll get additional percentage rent as a result of that under their lease. Commissioner Sarnoff We get a percentage of their 120, plus their 10, plus the value of the tickets? Ms. Bravo: We get a percentage of their gross -- Commissioner Sarnoff What about the -- Ms. Bravo: -- rent. Commissioner Sarnoff -- 600 tickets? Address that with me. Who gets the 600 tickets? Ms. Bravo: That is meant to address the impact to their marina users that, for the five days of the Boat Show, won't be able to access their boats. Commissioner Sarnoff Wait. Does it say it will be given to their members, partners, and other invitees? Who are the invitees? Are you invited? Ms. Bravo: No. Commissioner Sarnoff.. Well -- City of Miami Page 41 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chair Gort: We're not allowed. Commissioner Sarnoff Huh? Chair Gort: We're not allowed. Commissioner Sarnoff No. I just want to know who the invitees are, because they don't have 600 members, partners. I'm just curious where these 600 tickets go to. Mr. Rotenberg: It was a set-off that was done for their users. They provided us with the number. Whether it's couples or families that have their boats there, it was an amount that they gave us as a set-off for the inconvenience for the people that have dry slips and wet slips. Commissioner Sarnoff So we don't get the value of the tickets, right, City of Miami? Mr. Rotenberg: That's correct. Commissioner Sarnoff But we get to share, according to Madam Deputy, 120 plus $10, 000 -- $130,000 we get our percentage? Ms. Bravo: Minus whatever is credited back for the staff that's utilized during the days of the Boat Show. Commissioner Sarnoff Okay. That's a great deal for somebody. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I mean, in all fairness, I think the City and its marina should have considered something on the same. Commissioner Suarez: We're getting a million dollars, I think, is what she's concerned with. Commissioner Carollo: No, I understand, but -- right. You're looking -- I understand the financial for the City, but what I'm saying is that tickets are being provided to -- or at least we think, 'cause it's not clearly stated. Commissioner Suarez: Yeah (UNINTELLIGIBLE). Commissioner Carollo: But tickets are being provided to the residents or the people that have boats there that, you know, may be inconvenienced. You know, I think the City, maybe with our own marina, we should possibly looked into that, and might be a way to avoid any, you know, bad feelings towards that period of times [sic] when they don't have, you know, access to their boats. So I think the City should have looked into something like that. Ms. Bravo: I just discussed with Cathy Rick -Joule, representative of NMMA (National Marine Manufacturers Association), and they're amenable to that, to providing tickets -- Commissioner Carollo: For those -- Ms. Bravo: Yes. Mr. Rotenberg: And that has been part of the discussion. We have tried to offset, which -- whatever we can on our own marina. And please understand that one of the reasons that this City of Miami Page 42 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 agreement was done is Rickenbacker Marina is a private marina. It's a lessee of the City. We're trying to accommodate them. They could have always said lio,"so -- Commissioner Carollo: But Mr. Director -- Mr. Rotenberg: -- the alternative -- Commissioner Carollo: -- understand, Mr. Director -- but at the same time, understand -- and here we have a perfect comparison of how the private sector operates and how the public sector operates. And the private sector was able to, you know, obtain tickets and -- Chair Gort: Negotiate (UNINTELLIGIBLE). Commissioner Carollo: -- other things, and you see the difference in the negotiations. So I'm saying, you know what? Why don't we try to, you know, mirror a little bit of what the private sector did for our public sector clients? And again, it's what we always say but never really do, which is run government more like a private -sector operation, and that's why I'm suggesting that maybe we should do something like that. Ms. Bravo: We can go back and amend RE.8 to include -- I don't know -- 200 tickets? Commissioner Carollo: Listen, I don't know what the amount is. All I'm saying is, I think that we should offer something to those people that have boats there and will be inconvenienced. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: I just want to say briefly that I agree with the Commissioner's idea of having NMMA throw in tickets obviously for our boat vendors, but I do want to say that, you know, in the case of what the director just said, we're dealing with a private entity that's a lessee. We can't tell the lessee, you know, we're going to put stuff on your property. You know, you can't say, for example, you guys have a leased property. Oh, by the way, you know, I'm the landlord, so my parents are coming over this weekend to your leased property. "It doesn't work that way. And the City has negotiated; we're getting a million two from this event, so it's not like we have been in any way, shape or form -- plus, I think the additional infrastructure improvements, I think, puts it at a million five, if I'm not mistaken. Maybe I have the numbers wrong, because I know there was two $1.6 million grants given for infrastructure improvements. So, I mean, the City's getting a million -and -a -half -dollar benefit, you know, for this show. So, I mean, I think we, you know, want to give our Administration a little bit of a pat on the back for negotiating vigorously on our behalf on behalf of the citizens. Ms. Bravo: Thank you. Mr. Rotenberg: Thank you. Chair Gort: Okay. Vice Chair Hardemon: I have a -- Chair Gort: Yes, sir. Vice Chair Hardemon: I didn't read anywhere where it talked about -- because I know we're talking about tickets for different parties, but within my district, I know particularly -- we have children that have never even stepped foot on a boat before. So imagine the experience of going City of Miami Page 43 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 to a Boat Show and what that does for them in preparing for the SATs (Scholastic Aptitude Test), or HSAT [sic], or whatever you choose to call it nowadays, but -- I mean, I can remember back in school where you would certain questions that were asked that you couldn't answer because you didn't understand what a S'ail'ivas, right? It just didn't make any sense to you. Even though you lived in the City of Miami, you just didn't know what that was. So what I would love to see just an opportunity for some -- like our youth -- our inner-city youth to have an opportunity to participate within the Boat Show. I think that will be a great thing for the City and for NMMA to agree to. Ms. Mendez: If that is something that NMMA is interested in assisting with, that could be amended in RE.14, I believe, which is the amendment to the -- for the -- to the license agreement, to the original license agreement, if that is something that -- Ms. Bravo: We'll bring it up during that item. Commissioner Carollo: Right. Mr. Chairman, real quick. Chair Gort: Yes. Commissioner Carollo: And listen, to Commissioner Suarez' point, I understand. I'm not really focusing on 120 -- Commissioner Suarez: I got you. Commissioner Carollo: -- thousand dollars. Commissioner Suarez: I got what you -- Commissioner Carollo: I'm focusing more on the residents that are being inconvenient [sic] for that, so that's why I was saying, !ley, look what, you know, the private sector did. "And I think it -- I think it's something that -- you know, it's reasonable and -- Chair Gort: I think the Vice Chairman came up with a good idea. I think there's a lot of tickets that can be used by the kids in our neighborhoods. Okay, any further discussion? Being none, all in favor, state it by saying bye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair Gort: As amended. Commissioner Carollo: As amended. RE.10 RESOLUTION 15-00564 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO Management EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI VIRGINIA KEY BEACH PARK TRUST ("TRUST"), AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY AND TRUST GRANT TO NMMA, TEMPORARY ACCESS RIGHTS, TO USE CERTAIN CITY -OWNED PROPERTY, LOCATED AT 4000 VIRGINIA BEACH City of Miami Page 44 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 DRIVE, MIAMI, FL 33149 ("PREMISES"), AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, FOR THE PURPOSE OF PROVIDING SHUTTLE SERVICES OVER, ACROSS, AND THROUGH THE PREMISES, AND PARKING, AND FOR OTHER ANCILLARY USES DURING THE BOAT SHOW, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT AS NEEDED, SUBJECT TO THE CITY ATTORNEY'S APPROVAL. 15-00564 Summary Form.pdf 15-00564-Submittal-John Gilbert -Letter of Opposition.pdf 15-00564 Legislation.pdf 15-00564 Exhibit A.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-15-0235 Chair Gort: RE.10. Daniel Rotenberg (Director, Public Facilities): RE.10, Commissioners, this is the resolution for Historic Virginia Key Beach for use for the parking on the grounds. I believe it's up to 15 to 1,800 spots. Chair Gort: Hold it a minute. Can we check and see what's with the lights? I mean, it's get -- keeps going on, red, off. Thank you. Go ahead. Mr. Rotenberg: All right. Chair Gort: Go ahead. Mr. Rotenberg: Commissioner, RE.10 is the resolution for the Historic Virginia Key Beach to provide parking for the Show, up to, I believe, 1,800 spots. It says 1,400, but during the cycle of the day, there'll probably be more spots in there. And if we have the option, we would take more spots from them. Chair Gort: Okay, is there a motion? Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Suarez; second by Commissioner Carollo. Discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And for the record, that'll be as amended to include the -- Chair Gort: As amended. Mr. Hannon: -- indemnification. City of Miami Page 45 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chair Gort: All as amended. Ms. Mendez: Thank you. RE.11 RESOLUTION 15-00567 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO Management EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI ROWING & WATERSPORTS CENTER, INC. ("MIAMI ROWING CLUB"), SPECIALTY RESTAURANTS CORPORATION ("SRC") AND NATIONAL MARINE MANUFACTURERS ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY AND MIAMI ROWING CLUB GRANT TO SRC AND NMMA (COLLECTIVELY "USER"), TEMPORARY ACCESS RIGHTS, TO USE CERTAIN CITY -OWNED PROPERTY, CURRENTLY LICENSED TO THE MIAMI ROWING CLUB, AND LOCATED AT 3601 RICKENBACKER CAUSEWAY MIAMI, FL 33149 ("PREMISES"), AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, FOR THE PURPOSE OF OPERATING CONCESSION OF FOOD AND DRINK BY SRC, STAGING BY NMMA, ACCESSING AND USING UTILITIES, PROVIDING ROWING DEMONSTRATIONS AND LESSONS, AND OTHER ANCILLARY USES IN PREPARATION FOR AND DURING THE BOAT SHOW, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT AS NEEDED, SUBJECT TO THE CITY ATTORNEY'S APPROVAL. 15-00567 Summary Form.pdf 15-00567-Submittal-John Gilbert -Letter of Opposition.pdf 15-00567 Legislation.pdf 15-00567 Exhibit A.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0236 Chair Gort: RE.11. Daniel Rotenberg (Director, Public Facilities): RE. 11 is a resolution with the Rowing Club for the Boat Show. The Rowing Club is going to be used for a concession for the food and drink by the parent company of Rusty Pelican, for staging by the NMMA (National Marine Manufacturers Association), and for using as a demonstration of rowing and whatever the Rowing Club does. Chair Gort: Yes, sir. Lawrence Terry: Good morning, Mr. Chairman and Commissioners. My name is Lawrence Terry. I used to live at -- on Tigertail; now I live in Coral Gables. I'm here representing the Rowing Club, and want to -- just wanted to say that we have been working closely with Mr. Rotenberg's department on this whole Boat Show issue, and I've heard some things in the ether about infrastructure that I'd like to address later, but I just wanted to support his efforts, because we've been working with them to try to figure out how we can continue to operate at the facility City of Miami Page 46 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 with this massive infrastructure project that's going to go underway, and we figured out, more or less, how to do that. And we're happy to provide demonstrations during the Boat Show. So I just wanted to make that statement. Chair Gort: Thank you. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff So what I thought I'd do is show the Commissioners, who haven't seen it, what the condition of the Miami Rowing Club looks like. This is the Miami Rowing Club; pretty new facility, by the way. This facility is -- I believe it opened when I became Commissioner, or a year before, so it's not very old. You could see that it's in need of some -- I think it's more than TLC (tender, loving, care), Commissioner -- Mr. Chair. I think it's more like some general outside maintenance. And if you haven't been out there, it's a beautiful facility. It's used extensively by citizens of the City of Miami, but Coral Gables, as well as Key Biscayne. What I'm suggesting an amendment on RE.11 would be that the money that comes back to the City of Miami be spent on the facilities, since the impact will be to the facility. It's a City of Miami park, by the way, Mr. Chair; it is nothing more. It's our property, meaning citizens of the City of Miami, and I think you can see that it's in need of some work. Probably, the revenue from this would be just about enough to get a new canvas canopy and do some much needed woodwork on the railings; and the railings appear to be deteriorating, so I would suggest there may even be a safety issue there, but I don't want to go too far with that. Chair Gort: Okay, there's a friendly amendment. Commissioner Suarez: 171 second it. Chair Gort: Wait a minute. Commissioner Suarez: 171 second it, Mr. Chair. Chair Gort: Who was the maker of the motion? You made the motion? Commissioner Suarez: I think he made the motion, I would say. Victoria Mendez (City Attorney): Can -- Commissioner Sarnoff I'll make the motion. Commissioner Suarez: And I'll second it. Commissioner Sarnoff But 171 make the motion, as amended -- Chair Gort: There's a motion and the amendment. Commissioner Sarnoff -- that the money be spent on the Miami Rowing Club. Commissioner Carollo: When you say the money,'ban you -- can we clar fy what money? Alice Bravo (Deputy City Manager/Chief of Infrastructure): Through the Chair, this site will be used to set up certain food concession areas, so we could probably isolate the revenue generated in those food concession areas. The City will get a percentage of that, and put that in a restricted fund for this facility. City of Miami Page 47 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Commissioner Sarnoff Am I -- I apologize. Chair Gort: No, go ahead. Commissioner Sarnoff Am I not mistaken that 50 percent of the revenue is coming to the City from the food concession, or did I mishear you in briefing? Ms. Bravo: NMMA will have a food concession agreement. They will have some proceeds from that that they will split with the City, and that encompasses the entire site, from the Rowing Club to the Rusty Pelican. There'll be various food concession sites throughout, so there'll be some food concession areas at the Miami Rowing Club, but they'll be dispersed throughout the length of the property. Commissioner Sarnoff So how -- and I'm not looking to do anything (UNINTELLIGIBLE) impact that happens to the Rowing Club, but I'd just like to see that money be spent on the Rowing Club. How will you do that? Ms. Bravo: Well -- Chair Gort: The funds -- I'm not an attorney, but the funds derived from the food -- Ms. Mendez: In the past -- Chair Gort: the agreement that we have, it should be spent to the improvement of the park. Ms. Mendez: Exactly. In the past, what has happened when this Commission has directed that certain funds be allocated to a certain project, there's a -- basically, a line item placed that guards that money for that. So, for instance, unsafe structures -- Ms. Bravo: That would be a restricted fund -- Ms. Mendez: Right. Ms. Bravo: -- for that use. Ms. Mendez: So the Commission just directs the Administration to say, Please have a line item that those funds that come in go into this account to be spent for that. "That's how it's been done in the past; most notably, with you and Commissioner Suarez requesting unsafe structures monies to come in and go straight back into the unsafe structures process. So that's an example of how you've done it in the past. Chair Gort: Thank you. Ms. Bravo: So the clarification we need is do you want all revenues that the City receives as a result of the food and beverage concession agreement to go to the facility, or just what's generated on site? Commissioner Sarnoff No, I'm only suggesting on site. Ms. Bravo: Okay. We'll figure out how to -- Chair Gort: On site, yes. Commissioner Carollo: So all -- City of Miami Page 48 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Ms. Bravo: -- tabulate that. Commissioner Carollo: -- food and beverage monies on site of the Miami Rowing Club to go back to -- Ms. Bravo: That the City receives, correct. Commissioner Carollo: Okay. Commissioner Sarnoff Not being greedy. Commissioner Carollo: And again, I just want to -- Commissioner Sarnoff Not being greedy. Commissioner Carollo: No, I got it. I just want you to clam it, because -- Commissioner Sarnoff Yeah, yeah. Commissioner Carollo: -- it was very broad at first, and I said, Whoa. "So -- Commissioner Sarnoff I -- Commissioner Carollo: Okay. Commissioner Sarnoff -- saw your reaction, and I realized that my tentacles are about to get cut. Chair Gort: Okay, it's been moved by Commissioner Sarnoff; second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Carollo: Aye,'as amended. Ms. Mendez: And also as amended with the indemnity provision. Commissioner Carollo: Yes. Chair Gort: Right. Ms. Mendez: Thank you. Commissioner Sarnoff I think -- we're agreeing that the indemnity is on all these agreements. Commissioner Suarez: Yes. Chair Gort: Yes. Ms. Mendez: Yes. Thank you. RE.12 RESOLUTION 15-00568 City of Miami Page 49 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO Management EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), BAYSIDE SEAFOOD RESTAURANT, INC. ("BAYSIDE SEAFOOD"), AND NATIONAL MARINE MANUFACTURERS ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY AND BAYSIDE SEAFOOD GRANT TO NMMA, TEMPORARY ACCESS RIGHTS, TO USE THE RESTAURANT FACILITIES AND THE PARKING LOT OF CERTAIN CITY -OWNED PROPERTY CURRENTLY LICENSED TO BAYSIDE SEAFOOD, AND LOCATED AT 3501 RICKENBACKER CAUSEWAY MIAMI, FL 33149 ("PREMISES"), AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, FOR THE PURPOSE OF PROVIDING RESTROOMS, EXHIBITION SPACE, AND CONCESSION SPACE, INCLUDING, BUT NOT LIMITED TO, INSTALLING TEMPORARY TENTS, ACCESSING AND USING UTILITIES, PREPARING FOOD AND BEVERAGE AREAS, AND OTHER ANCILLARY USES DURING THE BOAT SHOW, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT AS NEEDED, SUBJECT TO THE CITY ATTORNEYS APPROVAL. 15-00568 Summary Form.pdf 15-00568 Legislation.pdf 15-00568 Exhibit A.pdf 15-00568-Submittal-John Gilbert -Letter of Opposition.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0237 Chair Gort: Okay, RE.12. Daniel Rotenberg (Director, Public Facilities): RE. 12, Commissioners, this is the access agreement for Bayside Seafood, known as Vero's, a Bayside fish house. It's for the use of the facilities by the NMMA (National Marine Manufacturers Association) during the show. They will be using this as a lounge or as a quiet space for the employees of the show. I'm not exactly sure if we're going to be getting a revenue amount from this, because it's being set aside for just the sales to the NMMA personnel. Vero's will be operating, and they will be receiving their income. Chair Gort: How is that a gain? Come on. Commissioner Sarnoff. We're not getting any revenue? Mr. Rotenberg: That's what I'm saying; we're not getting any revenue from this site. Chair Gort: Why? Mr. Rotenberg: They're just going to be operating. It was too small of an operation, and it was proving very difficult to be able to figure out how to keep the books over there and to have the operations, and the NMMA wanted to use it as their own private quiet lounge and -- Chair Gort: Well, they will be renting from these individuals? City of Miami Page 50 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Mr. Rotenberg: Sorry? Chair Gort: They're going to be renting from these individuals; not from the City? Mr. Rotenberg: It's not going to be rented out. Chair Gort: This is a contract between two private sectors? Mr. Rotenberg: Yes. Chair Gort: Okay. Commissioner Suarez: Move it. Discussion. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Carollo. Second? Commissioner Suarez. Commissioner Suarez: I got my guys back. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair Gort: As amended. They're all as amended, automatically. RE.13 RESOLUTION 15-00565 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO Management EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), SPECIALTY RESTAURANTS CORPORATION ("RUSTY PELICAN") AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY AND RUSTY PELICAN GRANT TO NMMA, TEMPORARY ACCESS RIGHTS, TO USE THE CITY -OWNED PROPERTY LEASED BY RUSTY PELICAN, AND LOCATED AT 3201 RICKENBACKER CAUSEWAY MIAMI, FL 33149 ("PREMISES"), AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, FOR THE PURPOSE OF PROVIDING EXHIBITION AND CONCESSION SPACE, INCLUDING, BUT NOT LIMITED TO, INSTALLING TEMPORARY TENTS, ACCESSING AND USING UTILITIES, PREPARING FOOD AREAS, AND OTHER ANCILLARY USES DURING THE BOAT SHOW, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; AND FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT AS NEEDED, SUBJECT TO THE CITY ATTORNEY'S APPROVAL. City of Miami Page 51 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 15-00565 Summary Form.pdf 15-00565-Submittal-John Gilbert -Letter of Opposition.pdf 15-00565 Legislation.pdf 15-00565 Exhibit A.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-15-0238 Chair Gort: RE. 13. Daniel Rotenberg (Director, Public Facilities): RE. 13, Commissioners, is the access agreement for the Rusty Pelican. Chair Gort: You want to go over it? Mr. Rotenberg: That's providing exhibition concession space, including but not limited to installing -- Commissioner Suarez: Move it. Mr. Rotenberg: -- temporary tents, accessing and using utilities, preparing food areas, keeping the restaurant open and serving the public, and other ancillary uses for the Boat Show. If they have private meetings, we will be participating with them on a food and beverage concession. Chair Gort: Okay. Commissioner Suarez: Move it. Chair Gort: Thank you, sir. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair Gort: As amended. Are we going to record him saying its amended? Commissioner Suarez: Let me just say one quick -- Chair Gort: RE. 14. Commissioner Suarez: Can I just make a general comment? Because -- I mean, I could do it on any one of these items, but just a general comment, now that we've voted on all these, 'cause it's -- I'm going to reiterate a comment I made before, and I want Commissioner Sarnoff to hear this, and Commissioner Carollo, because I think he's expressed an interest in this, as well. The intensity and breadth of the size of this, I think, is what is of particular concern. In other words, this show is not just on the stadium site or on the Flex Park site. Now we're seeing that it's -- it is potentially a far broader event that takes up much more land, and I think that's something to note, and to consider and see how that all plays out as the event occurs. That's what I was going City of Miami Page 52 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 RE.14 15-00472 Department of Capital Improvement Programs/Transportat ion to say before, but I said it's really my main -- my more pressing concern with all these RE (resolutions) items, and, you know, I don't think it offends anything that anyone here has said, because I agree with what Commissioner Carollo says. If we're going invest $40 million in the stadium, we're going to want to get some use out of it, obviously. But we're seeing how this Boat Show is -- it's a big event, and it's an event that's not just confined to the stadium and the Flex Park site; it's actually seen to be an event that's going to encompass all of what we know as Virginia Key, from the beach all the way through to the private, you know, lessees on the land. So that's just something for me to note. I just want to put it out there. I think those are the kinds of things that we're going to be looking at to see how this event, you know, kind of unfolds. Chair Gort: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND ADDENDUM TO THE REVOCABLE LICENSE ("SECOND AMENDMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC., ("LICENSEE"), IN SUBSTANTIALLY THE ATTACHED FORM, AMENDING "EXHIBIT D" AND "SECTION 21, IMPROVEMENTS, ALTERATIONS, ADDITIONS, OR REPLACEMENTS", OF THE REVOCABLE LICENSE ("LICENSE") TO INCORPORATE THE ADDING OF ADDITIONAL ELECTRIC UTILITIES ("ADDITIONAL UTILITY WORK") TO THE PROPERTY, AS MORE PARTICULARLY DEFINED IN THE LICENSE; FURTHER INCORPORATING THE SCOPE OF THE ADDITIONAL UTILITY WORK, WHICH IS ESTIMATED AT $1,600,000.00 WHICH IS TO BE COMPLETELY FUNDED BY LICENSEE AND PAID UPFRONT TO THE CITY IN ORDER FOR THE ADDITIONAL UTILITY WORK TO COMMENCE; FURTHER REAFFIRMING THAT THE CITY'S AGGREGATE CONTRIBUTIONS TOWARDS THE COST OF IMPROVEMENTS TO THE PROPERTY FOR PROJECT B-40668, MARINE STADIUM PARK DEVELOPMENT, SHALL NOT EXCEED $16,000,000.00; PROVIDING FOR ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AMENDMENT, IN A MANNER ACCEPTABLE TO THE CITY MANAGER AND SUBJECT TO THE CITY ATTORNEY'S APPROVAL. 15-00472 Summary Form.pdf 15-00472 Pre-Legislation.pdf 15-00472-Submittal-John Gilbert -Letter of Opposition.pdf 15-00472-Submittal-John Gilbert -Opposition Letter and Documents.pdf 15-00472 Legislation.pdf 15-00472 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0239 Chair Gort: RE.14. Jeovanny Rodriguez: Good morning, Commissioners. Jeovanny Rodriguez, director of Capital Improvements Department. RE.14 is a resolution of the Miami City Commission, with City of Miami Page 53 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 attachments, authorizing the City Manager to execute the second addendum to the revocable license between the City of Miami and the National Marine Manufacturers Association, licensee, in substantially the attached form; amending exceeded deed in Section 21, improvements, alterations, additions, and replacements'bf the revocable license to incorporate the adding of additional electric utilities to the property, as more particularly described in the license; further incorporating the scope of the additional utility work, which is estimated at $1.6 million, which is to be completely funded by the licensee and paid up front to the City in order to -- in order for the additional utility work to commence; further reaffirming that the City's aggregate contribution towards the cost of improvements to the property for Project 40668, Miami Stadium Development Park, should not exceed $16 million; providing for additional terms and conditions as more particularly set forth in the amendment, in a manner acceptable to the City Manager and subject to the City Attorneys approval. Chair Gort: Thank you. I had a couple of speakers. John Gilbert: Once again, Chairman, Mayor, Council. My name is John Gilbert. I'm the Village manager in Key Biscayne. On behalf of the Village of Key Biscayne, we are here today to express our concern and oppose the City's proposed amendments to Section 35 of the revocable license agreement to exclude the NMMA (National Marine Manufacturers Association) from the requirements of the Public Records Act. Before I continue, I'd like to adopt and incorporate into the record our objection letter sent to the Clerk and Commissioners, dated May 27, 2015. Throughout the Boat Show process, the Village of Key Biscayne has been concerned about transparency and lack of information. In order to get more information, the Village has made a request to the NMMA for documents, because the NMMA was applying for permits related to the City of Miami property. The Village specifically referenced Section 35 of the license agreement, which require the NMMA to comply with the Public Records Act. When the NMMA refused to produce any documentation, the Village filed lawsuit to force the NMMA to comply with the law. This Commission is now considering an amendment to that very section of the license agreement. Why would we change the license agreement to make NMMA less accountable to the public? What does NMMA have to hide? In the name of transparency and the Records Act, the Village of Key Biscayne strongly urges this Commission to hold the NMMA accountable, and we ask that you vote against the amendment. Thank you, Chairman. Chair Gort: Thank you, sir. Next. Lawrence Terry: Yes, thank you. Lawrence Terry again, on behalf of the Rowing Club. I -- when I saw this and I -- as I said, I had heard from several people in the community about these resolutions. Would it be possible to understand what the $1.6 million is going to look like on this site? Alice Bravo (Deputy City Manager/Chief of Infrastructure): The -- Mr. Terry: Because that's a lot of money for electrical service, and having been on that site for the last 35 years of my life, I know pretty much all parts of it. So it's hard to understand what this resolution is without understanding what's actually being proposed here. Commissioner Sarnoff Well, I think -- Chair Gort: Yes, sir. Commissioner Sarnoff -- I might be able to help, Mr. Chair. Chair Gort: Yeah. Commissioner Sarnoff I believe -- and I'm going to -- this is the site plan that they gave us, and City of Miami Page 54 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 these are the two sites of what 220 by -- no, two by ffif -- two 50-foot wall -- buildings. Ms. Bravo: Through the Chair. Chair Gort: Yes. Ms. Bravo: The 1.6 million specifically is to construct an underground electrical grid that would have ports that are flush with asphalt surface so that when it's covered with artificial turf they're not visible or protruding. And basically, when the artificial turf is rolled up, vendors would be able to plug in their lighting, their computers, whatever, into the electrical grid, so it's an underground electrical grid. What Commissioner Sarnoff is making reference to are the electrical vault buildings, and basically, we're bringing two FP&L (Florida Power & Light) feeder lines. At a previous Commission meeting, NMMA agreed to provide a donation to the City to bring the second feeder line to the site, so each feeder line requires a vault building and transformer equipment that FP&L places inside of it. This is needed for, you know, any type of facility where you're bringing electrical lines into it. Chair Gort: Thank you. Mr. Terry: So if I am seeing that correctly -- Chair Gort: Speak in the mike, please. Mr. Terry: Sorry. If I'm looking at this correctly, that's a fairly large building, one of which is over by the stadium, and the other is right behind the current Rowing Club building. Is that correct? Ms. Bravo: No. One building is actually close to the right-of-way line of the property, behind the Vero's Atlantic, a seafood restaurant, and the other is at the eastern most side of the property, next to the Rowing. Mr. Terry: Right. And the eastern most side of the property is right behind the Rowing Club building, which, as you will remember, the Rowing Club built 25 years ago, almost 30 years ago now. From looking at that, I -- that -- how big is that building, the vault building? Chair Gort: Go ahead. Mr. Rodriguez: The building is 75-by-30. Mr. Terry: Seventy-five? Mr. Rodriguez: Seventy-five-by-30. Chair Gort: Thirty -five -by -- Mr. Rodriguez: Seventy-five feet-by-30 feet wide. Mr. Terry: That is a large building, and for those of you who have been on the property, you realize that I -- obviously, the Rowing Club needs some negotiating sessions, like my friends at Rickenbacker. But anyway, that aside, this -- Chair Gort: You really going to get your (UNINTELLIGIBLE). Commissioner Sarnoff Got to use those (UNINTELLIGIBLE). City of Miami Page 55 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Mr. Terry: And we're a nonprofit, so I guess, you know, since we're not a business for real, as it were. But this building takes up a lot of space on that site, and yeah, I mean, that will be gone. And while we don't necessarily need that, you can see some of our shelves are there, but we're -- we have just had a very successful season. We came back from regional championships with, I think, nine metals; we're going to nationals, and so there are a lot of good things happening. And as I was saying earlier, we spent a lot of time talking to not only the Real Estate Department, but the Parks & Recreation, and there's a new manager on site who's really excited and enthused about developing programming within the Parks Department on this site. So that, in combination with our programming, which we're in -- we have been intending to increase, which is not just rowing; it's paddling and all of that. This is going to be a huge hamper. Chair Gort: Look, moral support. Yes, sir. Mr. Terry: So I'm -- I can't believe that there's not another place on this large piece of property that would work just as well. Chair Gort: Thank you. Mr. Terry: So I hope you can look into that. Chair Gort: Thank you. Mayor Tomas Regalado: Just a -- Chair Gort: Mr. Mayor. Mayor Regalado: -- brief question. Do we have children from Key Biscayne in the Rowing Club? Mr. Terry: We have many children from Key Biscayne. Mayor Regalado: Thank you. Chair Gort: Yes, sir. Mariano Cruz: Yes. I'm Mariano Cruz, 1227 Northwest 26th Street. You look at -- people here got bad memory. I think the only one that remember all that is Willy. Willy's got time, I know, but -- because I -- even I remember when the Marco Brothers bought all that property there. The Marco Brothers, remember, I used to sell the house. How come the people didn't buy at the time those property that were really cheap? Cape Florida was cheap; the Nixon White House. Everything was there. I even did work in a condo that Claude Pepper used to own there, so remember that, all the property. And you are there to represent the City of Miami. When you got 80 people on Key Biscayne that come vote in the City of Miami, then you have to worry about them. In the meantime, you don't have to worry about Key Biscayne. They can stay there and go to the Cape Florida and do whatever they have to do. But you are there to represent us. Thank you. Chair Gort: Thank you, sir. Okay. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff Deputy, is there a way of not placing that building on the eastern most border in the section that is now shown there? Can that be placed somewhere else? City of Miami Page 56 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Ms. Bravo: This is the best location for it. And anywhere else, it would be protruding into the uses of the property. This is, I think, the least intrusive location, because it's in the property corner, and we could work with them to expand that field area next to the building so that -- if that's the issue, that they want some green space, we could relocate that next to the -- Commissioner Sarnoff But you're -- in the words of Commissioner Carollo -- and he does this very eloquently -- you're asking for my vote now. Ms. Bravo: Correct. Commissioner Sarnoff And I'm being looked at by the Rowing Club, and they're wondering, Well, what is he voting for? "So what am I voting for? Your best efforts? Your thoughts? Your hopes? Your concerns? Commissioner Suarez: Your dreams. Ms. Bravo: You're getting my commitment that we'll give them some green space. Commissioner Sarnoff Commitment. I like the word 1 ommitment. "You know the difference between Ihvolvement'and Commitment? You ever hear the -- Ms. Bravo: Yes. Commissioner Sarnoff -- bacon and the eggs? Ms. Bravo: Yes. Commissioner Sarnoff Okay. So you're going to be the bacon, right? Ms. Bravo: Sure. Commissioner Sarnoff Okay. Chair Gort: You can always amend the motion. Commissioner Sarnoff Well, yeah. I'm going to -- and the last question I have is really to the City Attorney, because maybe I didn't read RE.14 carefully enough. Are you extracting a provision from the license agreement that doesn't require sunshine? Because I heard them come up and argue that. Victoria Mendez (City Attorney): I was going to bring that up, but thank you for bringing it up at an earlier moment. The original agreement, for lack of a better word, misquoted a section of Florida Statute that really doesn't apply. What it added -- what it had was that we would comply with 119.0701 that has to do with agents and contractors of the City. Every time that the City contracts out a function and the City isn't doing the function itself, these contractors, pursuant State Statute, are supposed to act like the City -- provide records; do everything that the City would do; maintain the records like the City would. All that we're doing is moding that section, because they are not an agent of the City; they're not a contractor of the City, so we're just modifying the provision to say that we will comply with sunshine -- with the Public Records Law when we have records to provide, so we are not circumventing anything. We're not doing anything. We're just clarifying because they are not an agent of the City. So that provision that was specifically provided does not apply. Commissioner Sarnoff So let me ask a question. Any communications that, let's say, Ms. Bravo City of Miami Page 57 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 has with the NMMA, are those subject to sunshine? Ms. Mendez: Of course, yes. Public records, yes. Commissioner Sarnoff And -- so they're trying to get records from NMMA to third persons under this auspice? Ms. Mendez: Arguably, I don't know what their intent is. I know that this City will comply with the Public Records Law based on the records that we have, that we house, that we're supposed to keep; we will provide, obviously. Anything that has to do with their company's financials, let's say, that has nothing to do with us; if we have it, we're turning it over. If we don't have it, because we're not supposed to have it, or it's not a true public record that has to do with this contract, we're not turning it over, because we don't have it. Commissioner Sarnoff And the previous agreement had a different provision? Ms. Mendez: Right. It had the provision that we put in all of our standard contracts when we deal with agents and contractors of the City, which is a contractor, or a public agency or anybody that does work for us instead of us. So, for instance, when we go out as public -- Commissioner Sarnoff No, I understand that. So the old contract -- andl understand they've sued on that, and I think there's a count on their complaint asking for -- I'm just going to call it a 119 request, to be colloquial with you. So now you're saying you're going to change that provision to a provision that you think more suits the circumstance. Ms. Mendez: Right, which is, we'll comply with the Public Records Law versus we'll comply with this section, because this section makes it sound like if we're supposed to give them things that we're not going to have access to at the end of the day, so it's just clarifying that. Since this is a litigious -- everything's litigious, everything that's done, so we just want to be as fair to all parties involved. Commissioner Sarnoff So you're saying, essentially, they are not an agency and not an instrumentality of the City? Ms. Mendez: Correct. Commissioner Sarnoff Okay. Ms. Mendez: And they're not a contractor of the City that would be performing certain functions of the City, which is what this provision, 119.0701, in the original contract states. So whatever we have, obviously we're turning over. Whatever emails we have, unless, of course, it's part of litigation, work product, those other little exceptions. Commissioner Sarnoff I got you. So -- Mr. Chair, I'd like to make the motion on RE.14 -- Chair Gort: Yes, sir. Commissioner Sarnoff -- to say as follows: Approving RE.14, subject to the following conditions: That the eastern boundary -- the eastern vault, which is 75 by 30, which is going to be placed, I take it, from the eastern most section; that the deputy City Manager use her best efforts and provide no less than the exact amount of square footage of the drip line of the vault building to an adjacency -- adjacent property to the Rowing Club for their exclusive right and access. Vice Chair Hardemon: Don't forget the children. City of Miami Page 58 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chair Gort: Okay, it's been moved. Is there a second? Vice Chair Hardemon: The children. The inner-city -- Chair Gort: Second? Vice Chair Hardemon: -- children tickets. Ms. Bravo: I'd like a representative from NMMA to come up and speak about the children's programs. Cathy Rick -Joule: Good morning, gentlemen. Cathy Rick -Joule, National Marine Manufacturers Association at 9050 Pines Boulevard, Pembroke Pines, Florida. The National Marine Manufacturers Association is certainly devoted and committed to children's efforts, especially as it relates to boating. We find that children that grow up in a boating family stay in a boating family. We provide free access to children 15 and under in all shows that we produce. In the past year, we've probably invited over 10,000 children into our shows, free of charge. We promote education through on -water skills training. We promote life safety. We promote education. So we're completely committed to the education and experience of the boating environment to children. Vice Chair Hardemon: So, as I understand it, then, a 15 year old who lives in the City of Miami can go to the Boat Show for free? Ms. Rick -Joule: That's correct. Vice Chair Hardemon: And what about -- so, for instance, if there's an organization, then, that has children 11, say, to 15 years old, that organization can bring a busload of those kids to your show and get in for free? Mr. Rick -Joule: Correct. We entertain that today, as long as they're supervised, obviously. Vice Chair Hardemon: Right, and that's the next part, because many of the organizations, like the Rowing Club; there's 501(c)3s; there's small organizations. Would the supervisors have to pay for access to the Boat Show? Ms. Rick -Joule: No. And today, we get many requests like this and have always entertained them. And no, we provide free -of -charge access as well to the chaperones. Vice Chair Hardemon: Okay, good. So this is good. Thank you. Chair Gort: Did you second the motion? Vice Chair Hardemon: I'll second it. Chair Gort: I'll second with you. Let me make a suggestion. Maybe we can coordinate with the Parks Department where we have a lot of the children [sic] that go to the Parks Department, so the Parks Department could go ahead and take them and have a field trip there, okay? Ms. Bravo: Right. Chair Gort: Thank you. Okay, it's a motion and a second. Any further discussion? Being none, all in favor, state it by saying Eye. City of Miami Page 59 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 RE.15 15-00659 Department of Capital Improvement Programs/Transportat ion RE.16 15-00669 The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair Gort: As amended. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WATER AND SANITARY SEWAGE SERVICES WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE MARINE STADIUM FLEX PARK DEVELOPMENT, PROJECT, B-40668; ALLOCATING FUNDS IN THE AMOUNT OF $171.50, FROM CAPITAL IMPROVEMENT PROJECT NO. B-40668, FOR SAID PURPOSE. 15-00659 Summary Form.pdf 15-00659 Legislation.pdf 15-00659 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 Department of Capital Improvement Programs/Transportat ion R-15-0240 Chair Gort: RE.15. I'm going to be keeping that all day. Jeovanny Rodriguez (Director, Capital Improvements & Transportation): RE.15 is a resolution of the City of Miami Commission authorizing the City Manager to execute a water and sewer agreement with Miami -Dade Water & Sewer Department for the water and sewer lines infrastructure required to serve the property. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: RE.16 has been pulled. Thank you, gentlemen [sic]. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A UNITY OF TITLE, IN SUBSTANTIALLY THE ATTACHED FORM, FOR FOUR (4) CITY OF MIAMI-OWNED PARCELS LOCATED AT 3301 RICKENBACKER CAUSEWAY, 3501 RICKENBACKER CAUSEWAY, 3505 RICKENBACKER CAUSEWAY, 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, WITH City of Miami Page 60 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 BC.1 15-00660 TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID UNITY OF TITLE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-00669 Summary Form.pdf 15-00669 Back -Up Document.pdf 15-00669 Legislation.pdf 15-00669 Exhibit A.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon RESOLUTION END OF RESOLUTIONS BOARDS AND COMMITTEES Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE Clerk MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: Commissioner Carollo of the Bayfront Park Management Trust Commissioner Sarnoff of the Downtown Development Authority Commissioner Suarez of the Midtown Community Redevelopment Agency Commissioner Sarnoff of the Omni Community Redevelopment Agency Commissioner Hardemon of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS VICE CHAIRPERSON: Commissioner Gort of the Midtown Community Redevelopment Agency Commissioner Suarez of the Miami Sports and Exhibition Authority Commissioner Suarez of the Omni Community Redevelopment Agency Commissioner Gort of the Southeast Overtown/Park West Community Redevelopment Agency City of Miami Page 61 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 APPOINTED AS MEMBER: Commissioner Hardemon of the Greater Miami Convention and Visitors Bureau Commissioner Suarez of the Miami -Dade Metropolitan Planning Organization (MPO) Commissioner Suarez of the Florida League of Cities Commissioner Gort of the Miami -Dade County League of Cities Commissioner Hardemon of the Miami -Dade County Tourist Development Council Commissioner Carollo of the Miami River Commission 15-00660 Commissioners as Members of Boards CCMemo.pdf 15-00660 History Commissioners as Board Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-15-0245 Chair Gort: You want to take up discussion on the hiring of police officers? Alice Bravo (Deputy City Manager/Chief of Infrastructure): I believe we have Assistant Chief Gomez here. Chair Gort: Well, while we wait, let -- we have the BC.1, which is the appointments by the Commissioners. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: If my colleagues are okay, do we just make a motion to approve every -- you know, whatever we have right now? Commissioner Suarez: Maintain the status quo. Commissioner Carollo: Yeah, maintain the status quo? Commissioner Suarez: Second. Commissioner Carollo: So that's my motion, maintain the status quo with regards to BC and all the different appointments. Commissioner Suarez: Second Chair Gort: Fine with me. Is there a motion? Commissioner Suarez: Second. City of Miami Page 62 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Commissioner Carollo: I made the notion. Chair Gort: Motion by Carollo; second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying fiye. " The Commission (Collectively): Aye. Chair Gort: Thank you. END OF BOARDS AND COMMITTEES BUDGET BU.1 BUDGET DISCUSSION ITEM 15-00528 Office of Management STATUS (SEC.18-542(B) CITY CODE) and Budget I. 2014-2015 BUDGET II. PROPOSED 2015-2016 BUDGET 15-00528 Summary Form.pdf DISCUSSED Chair Gort: Okay, gentlemen -- Alice Bravo (Deputy City Manager/Chief of Infrastructure): Would you like to hear the budget update? Chair Gort: Yes. Commissioner Carollo: Budget; we have the BCs (Boards and Committees); we got -- Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management & Budget. Just to update you in the monthly budget report. The books closed May 11. We're expecting a general fund surplus this year of $7 million. We're expecting an internal service fund surplus of $6.4 million. So the two added together is 13.4. This includes everything that we adopted in the last two Commission meetings in the mid -year budget amendments that (UNINTELLIGIBLE). It does not include the effects of ongoing negotiations with the International Association of Firefighters. Those are not complete, and therefore, they're not included here. It also does not include higher -than -budgeted amounts for the General Employees and Sanitation Employees Trust, the GESE Trust, as some of the Commissioners have been briefed There are four departments that are currently projected to go over budget, but we're monitoring all four of them. They are the Fire Department, the Police Department, the City Manager's Office, and the Procurement Department. We still have five months left, and I would expect that list to change and reduce. Expenditures are as would be expected at 51 -- 58 and a third percent of the year; 51.1 percent of the budget has been spent. It was 47.2 percent last year at this time. Expenditures have been $25.6 million higher than the same period last year, and all departments are within 2 percent of what we would expect right now. Revenues are also as we would expect; the same 58 and a third percent of the year done; 74.6 percent of the budgeted revenues have been received. It was 69 percent last year at this time. Property taxes are projected to be a smaller deficit than we have seen in prior years; meaning, the uncollectible amount is shrinking over time. Development of next year's budget continues. We have held all of the internal meetings with all of the departments. We have held some of the meetings with external entities, such as the GESE Trust, the Civilian Investigative Panel, and the Civil Service City of Miami Page 63 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 DI.1 15-00530 City Commission Board. The budget is on track to be released July 7. I will take any questions you may have at this time. Chair Gort: Thank you, sir. Any questions? Seeing none, thank you. Mr. Rose: Thank you. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 15-00530-Submittal-City Manager -Police Department Hiring and Staffing Update Memo.pdf 15-00530-Submittal-Javier Ortiz -Uniform Status Police Officer List.pdf DISCUSSED Chair Gort: Chief you're recognized. Rodolfo Llanes (Chief of Police): Good morning. Chair Gort: Good morning. Chief Llanes: Rodolfo Llanes, Chief of Police. The status of hiring is two officers hired since the last Commission meeting; 28 this year -- calendar year. We still have one waiting medical clearance. We have -- out of the 503 applicants that we gave orientation, 468 remain in various stages of their screening process, psychologicals and polygraph testing. Sir. Commissioner Sarnoff Let me start, I guess, with the easy, because I received from the FOP (Fraternal Order of Police), I think, a letter that said We have officers who are playing basketball because they do not have uniforms." Chief Llanes: Well, I think that we've addressed the uniform issue at a number of different meetings. We have -- we had a default by our uniform vendor, so we've had some dfculty in bringing the uniforms in, and so they're awaiting that. Commissioner Sarnoff Did we have police officers for weeks playing basketball because we did not have police uniforms? Chief Llanes: We did not have them for weeks. Commissioner Sarnoff We have -- Chief Llanes: We had them for about four days. We got them through to their certification stages, and at the beginning ofJune, they will be doing their scenario -based training. Our FTOs (Field Training Officers) who run the scenario -based training were deployed on the street where we had the big number of officers out, 37 of them -- actually, in the 50s, but we had a big bulk that were out, and they weren't able to do the scenario -based training, so they will be getting their scenario -based training now. They are about three weeks behind due to the uniform issue. Commissioner Sarnoff So -- that was my question. City of Miami Page 64 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 ChiefLlanes: Yes, sir. Commissioner Sarnoff So for three weeks, we don't have -- we're behind with police officers because of uniforms? Chief Banes: Thirteen officers, yes. Commissioner Sarnoff. Thirteen officers? Chief Llanes: Correct. That's the batch that got delayed because of the uniforms. Commissioner Sarnoff. Would you send to my office any and all communications you have between the uniform company and yourself to clam this? ChiefLlanes: Yes, sir. Commissioner Sarnoff Your intention, equally -- and again, this is your decision, not mine -- is going to be to reconfigure and lower the amount of patrol olcers and place more in PSTs (Problem Solving Teams) and beats? Chief Banes: I will be lowering the minimum force. I will not be lowering the total amount that is on patrol right now. Commissioner Sarnoff Just for us lay people, what does that mean when you say you're lowering the minimum force? Chief Llanes: Well, the minimum amount of officers that we field on a daily basis, shift by shift, is loaded in some areas of the City that experience high crime rates, a little higher. I think it's a little excessive, what we have right now, and so I'm lowering the minimum, but I'm not lowering the staffing. So, for example -- Commissioner Sarnoff Wait a minute. Chief Llanes: -- if there was a lower -- the minimum. Commissioner Sarnoff Would you rewind that sentence? ChiefLlanes: Sure. Commissioner Sarnoff Because I think I heard what you said, but I want to make sure I heard what you said. Chief Llanes: I think that the minimum amount of officers that are deployed to some of the areas in the City was excessive, and so I am lowering the minimum amount -- and not by much -- all throughout the City 24/7, and the minimum deployment that's going to be lowered is 20. And so you're talking in a 24/7 operation, that's my plan. But I am going to have the staffing remain at or one below in most areas of the City. Commissioner Sarnoff What does that mean? Chief Llanes: If an area is now staffed with five -- with a minimum of five, that's ine icient. So if I lower the minimum to four, I will still staff it with five. Commissioner Sarnoff So where do the 20 officers come from? City of Miami Page 65 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chief Llanes: They come from those one areas that I may lose one officer throughout the entire deployment of the patrol force. Commissioner Sarnoff And have any of your classes been delayed as a result of -- for any reason? Chief Banes: We have had delays. Commissioner Sarnoff Could you tell me what those delays are? Chief Banes: Uniform issues. We've had issues -- of course, we've spoken about the number of FTOs and recruiting for FTOs. So we've had some delays in different areas for different reasons. Commissioner Sarnoff What other? You said uniforms, FTOs. Chief Llanes: And that's been the main cause. And some -- when we started the big push for hiring, some of the certifications were done away with, such as DUI (Drive Under the Influence) certifications and those kinds of specialties that we have to certifir for in order to get the officers out earlier. We brought those back because it is inefficient, while you have them there, to send them out to the street and try to reschedule them to come back in to finish their certification. So I think it's a higher value to hold them for a week and finish their certifications than it is to send them out a week early and try to bring them back. Commissioner Sarnoff Other than the uniform issue you just discussed with me here where they held you back three weeks for deployment, were there other uniform issues? Chief Llanes: Yes. We've had uniform issuance at promotions; we've had uniform issues in replacement. I mean, that's -- Commissioner Sarnoff What -- Chief Llanes: The defaulting of that contract does stress the infrastructure of getting new officers and promotees out. Commissioner Sarnoff And can you describe the totality of the uniform issue; how much that has delayed you of putting police officers on the street? Chief Banes: I don't have that information. Commissioner Sarnoff Could you send those -- Chief Llanes: I haven't aggregated that. Commissioner Sarnoff Sorry? Chief Llanes: I haven't aggregated that, so I don't know. I know of issues that we've had, but I haven't put that all together. Commissioner Sarnoff Could you send the communications you've had from your office or your designee to the uniform distributor so my office can review that? Chief Banes: Yes, sir. Commissioner Sarnoff Okay. Now, FTOs. We've had discussions here about FTOs and the fact that -- I think you were at some number, but you needed some number more. Do you remember City of Miami Page 66 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 the number? Because I have it written down; I can get it. Chief Llanes: You know, there was a moving target. We have 58 right now. Commissioner Sarnoff FTOs? Chief Banes: FTOs. Commissioner Sarnoff Okay. Chief Banes: My target number that I would like to have is 100. We do have a young police force in patrol, so the selection of those folks is going to be a challenge. But that would be the aspirational goal. Commissioner Sarnoff And we were as low as how much, about three months ago? Chief Llanes: We went, I believe, down to 52, and we did some recruiting and we went up to the mid-60s, and had some retirements, so now we're at 58. Commissioner Sarnoff And if you were to tell me here right now, when would the City be within 3 percent of full staffing, as this Commission has allocated resources? Chief Llanes: Three percent. I would say end of this calendar year, beginning of next. Commissioner Sarnoff You could never get it above 3 percent, could you? Chief Llanes: I could never get it above or below. Commissioner Sarnoff I know. I'm asking, could you -- it's a fair question. Could I get it -- could you ever get it better than 3 percent? Chief Llanes: I don't -- that would depend on separations and terminations. I think we -- at our goal of 100 a year -- 100 to 120 a year, I think we would be close, and it would depend on separations. We all -- we know that, from our past experience that all sworn officers don't leave on their date; they avail themselves of opportunities before that, and so -- and that would also -- the other attrition factors, resignations and terminations, would impact that number also. Commissioner Sarnoff Okay. So, Chief what could this Commission be doing differently or the Administration be doing differently to resolve any of the issues you have concerning the hiring of police officers? Chief Llanes: I think that, you know, significantly increasing the hires puts stress on the rest of the infrastructure, be it uniforms. I mean, this is a -- I wouldn't say a perfect storm scenario, but we got blindsided by a contractual default. You know, that was tough to predict, but it put significant stress on other parts of the infrastructure. Right now, all our psychologicals are booked with applicants; therefore, we can't bring in our own academy, outside recruits, because we don't want to take up space at our psychologicals from folks that are paying their way through. So we're booked on that. So increasing the hiring, there are different stages of that hiring screening process that become difficult to put that amount of stress on the infrastructure that allows us to hire. Commissioner Sarnoff You said something, which was intriguing to me, and maybe I don't understand it. You said you didn't want to displace those who were willing to pay for their academy. City of Miami Page 67 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chief Llanes: No, that I am displacing those -- Commissioner Sarnoff You are? Chief Llanes: -- in order to book the people that we want to hire, and so that sets the people that want to pay their way -- or their own way through, it sets them back, but our hiring is more important than that part, so that's what I'm talking about. It puts stress on other parts of the infrastructure to hire, be it -- getting uniforms, all the other things that go along. We're not just going through the hiring process, but, you know, it puts significant stress on the rest of the infrastructure to bring people in. Commissioner Sarnoff. So, is this Commission stressing you in terms of infrastructure? Should we be hiring at a slower pace? Chief Llanes: No. Commissioner Sarnoff No. So how do we embellish your infrastructure so that it's not so stressed? Chief Llanes: I don't have a recommendation for you. I guess, when we have our meeting, I'll put something together that may assist all of us in moving the process along more efficiently. Commissioner Sarnoff So we had talked about a list, closing that list, a new list; getting folks to the hopper, which, I guess, is the academy. How we doing there? How's that old list doing? Chief Llanes: Well, the old list is waiting on one person who has a medical condition that is correctible, but we haven't got him cleared through, medical -wise. Commissioner Sarnoff So you can't close that list until that one person's medical issue is resolved, right? Chief Llanes: Correct, but that doesn't mean we can't hire from the new one. Commissioner Sarnoff Okay. Chief Llanes: So we are -- that's the 503 number. We gave orientation off the new list for 500 applicants, and we are now at 168 remaining in the process. Once we get close to finishing with the 168, we'll bring in another 500 and give them orientation. Chair Gort: Okay, you're saying -- excuse me -- you can go into the second list, although you have not closed the first list? Chief Llanes: The first list is technically closed, because that person has gone through the background process, absent this medical condition that is correctible so that we can hire him. So we are now processing the new list with one applicant left of the old list with a correctible issue that, when he pays for his own issue, will be fine. Chair Gort: Thank you. Yes. Sorry, Commissioner; it's yours. Commissioner Sarnoff No, no. I'm -- I think I'm done. Thank you, Mr. Chair. Chair Gort: Thank you, sir. Yes, sir. Javier Ortiz: Good morning. Lieutenant Javier Ortiz, president, Fraternal Order of Police, 710 Southwest 12 Avenue. The purpose of that letter was not to embarrass anyone. It was to show City of Miami Page 68 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 the issues that we're having within our infrastructure. I'm not here to embarrass the Chief or his administration. Regarding those statements of those 13 police officers, the Administration is misinformed. I met with these police officers; two females, in particular, have been waiting since January for uniforms. They are sitting around. They are waiting. And the reason why this came to my attention is due to this change that ChiefLlanes wants to do regarding staffing. He is the Chief of Police; I -- you know, I respect whatever decision that he makes. However, at the same time, this is our Police Department, not just his Police Department; and when it endangers the lives of my police officers -- of our police officers, I have to do what I got to do. And lowering the minimum staffing levels is a danger to our officers and it's -- you know, the crime is starting to build up in certain areas of the City. Last year we had, I believe, the highest increase in murders in the last three years, and it wasn't because of officer -involved shootings, and we're turning this year to most likely surpass that. We have a serial burglar that's going around that's done over 30 burglaries, one confirmed rape, and you wonder why that it slipped through the cracks, and it's quite simple: We have about 20 openings in -- 20 vacancies in our criminal investigations. So, is the Chief doing everything when it comes to recruitment? Absolutely. There's no way that anybody can do anything else. Like I've said in the past, it's bigger than our Homicide Unit. I mean, there's not much more that we can do. The infrastructure is being stressed. That's the whole reason why we got people waiting months for uniforms. It's not really a reflection on him. There are some things that can be done in the meantime, which I can speak to the Chief about, in order to facilitate them coming out, but you know, when you have over a hundred vacancies of officers and you're 80 civilians short, you know, there's going to be -- there is going to be stress on the infrastructure, and so -- You know, the Fraternal Order of Police has taken a position that if the Chief of Police is going to go forward with this plan -- and again, that is his right -- we have to do what we can to protect ourselves. And, you know, when I'm being told by the Administration that officers only handle two calls per day, that's absolutely ridiculous. I'd like for them to see how many calls are holding on a daily basis. And when you take one cop here and you take another cop there to put them in other units, when people are calling for the police, that one cop can make the difference. When an officer is being shot at, that one cop can make a difference in saving their lives. Thank you. Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Well, go ahead. Chair Gort: Let me ask a question. Does the uniform have to go through Procurement or you do it directly? Chief Banes: No. We have a uniform contract which was defaulted on, and we had to find -- we work with Procurement to find an emergency vendor so that we can buy on an emergency basis until we get a new contract vendor for our uniforms. Chair Gort: Question is, are you allowed to have more uniforms -- excess uniform in case of this emergency so you do have uniforms? Chief Banes: Our quarter master detail is not really set up to have an inventory of uniforms. That's not the normal course of business that we've had for the last 10 years. We would have to look at that change in the future. But, no, we're not set up to have an inventory of extra uniforms. Chair Gort: Okay, because that could be a solution. I mean, we have people that win the RFPs (Requests for Proposals) and then they make certain promises to perform, and then at the end, they don't perform, and we get the -- we're on the hook. Yes, sir. Commissioner Sarnoff. So this is Harris Uniforms, right? City of Miami Page 69 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 ChiefLlanes: Harrisons -- Commissioner Sarnoff Harrisons. ChiefLlanes: -- was the ones that defaulted, yes, sir. Commissioner Sarnoff And I just want to -- sometimes I want to know which is correct and which is not correct. Has there been two female officers waiting since January for a uniform? ChiefLlanes: I don't have that information Commissioner Sarnoff Could you refute -- ChiefLlanes: I can't. Commissioner Sarnoff -- what the FOP president said? Chief Llanes: Not from here. I'd have to research to see if that's accurate or not. Commissioner Sarnoff Would you be upset if you were to learn you had -- ChiefLlanes: Absolutely. Commissioner Sarnoff -- two uni -- you know why you wouldn't be a good deposer? You got to let the guy finish the question, but I like your enthusiasm. So you would be upset to learn that two of your officers could not be deployed, if, in fact, it goes back to January? Chief Banes: Yes. Commissioner Sarnoff Okay. And the other 11, you think, have been waiting around -- my notes show -- approximately three weeks. Chief Llanes: Correct. Commissioner Sarnoff And who is our new supplier of uniforms? Chief Llanes: We have Galls. Commissioner Sarnoff Galls? Chief Llanes: Yes, sir. Commissioner Sarnoff Are there any other things this Commission could be doing to get you to full staffing? Chief Llanes: I think we're -- you're on the right track, and I think we need to look at our infrastructure to see if we can make improvements on efficiency, but we'll -- I'll have something ready for you for that to see if -- any suggestions that I can give you to help us. Commissioner Sarnoff Okay. Chair Gort: Thank you. Chief Llanes: Thank you. City of Miami Page 70 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chair Gort: Thank you, Chief. Thank you, sir. Mr. Ortiz: Thank you. DI.2 DISCUSSION ITEM 15-00647 City Manager's Office DISCUSSION REGARDING THE CITY OF MIAMI'S PROPOSED 2016 LEGISLATIVE PRIORITIES. 15-00647 Legislative Priorities.pdf DISCUSSED Chair Gort: What else? DI.3. Todd B. Hannon (City Clerk): Chair, there is DI.2, as well. Alice Bravo (Deputy City Manager/Chief of Infrastructure): Yes. Mr. Chair, this year the legislative committees will start earlier than normal, so it's important that we get an endorsement of our legislative priorities. Diana Arteaga: Diana Arteaga, Government Affairs for the City of Miami. Good morning. What I've provided for you since the Commission last year had asked for more time to be given consideration of our City's legislative priorities. We do have a short window. On June 1, the Legislature will reconvene for special session to solely deal with the budget, not with policy. So we will have an answer for you on items 11 and 12. Hopefully, by then the matters will be resolved; those are our appropriations items, and hopefully, we can tick those off from our list. So basically, this was to give you some time to think on what items that are here that you've passed by resolution that you'd like to remove, edit, or items that you'd like to add so we can work together with the City Attorneys Office to get those matters prepared for -- well, before the end of session. I'd like to bring this matter back to your attention on the first meeting of June, because we do have a short break from June 20 to August to meet with legislators to find sponsors for our bills. Chair Gort: Okay, thank you. Any questions? Ms. Arteaga: All right, thank you very much. Chair Gort: Thank you, ma'am. DI.3 DISCUSSION ITEM 15-00606 District 4- DISCUSSION REGARDING SEA LEVEL RISE. Commissioner Francis Suarez 15-00606 E-Mail - Discussion Item.pdf 15-00606 Back-up - Article.pdf DISCUSSED Chair Gort: DI.3. Commissioner Sarnoff I believe it's Commissioner Suarez. Chair Gort: Commissioner Suarez? Does the Administration have any plans for the Sea Level City of Miami Page 71 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Rise and --? Alice Bravo (Deputy City Manager/Chief of Infrastructure): Well, I -- Commissioner Carollo: We just -- Ms. Bravo: -- believe the Commission -- Commissioner Carollo: -- had -- Ms. Bravo: -- created -- Commissioner Carollo: -- a task force. I know we -- Chair Gort: Now, my understanding -- and Commissioner Sarnoff, you were here, I think, three or four years ago when the plan was put together by the City, because I saw it. Commissioner Sarnoff The -- I'm sorry? Chair Gort: Sea level -- the rise in sea level. Commissioner Sarnoff Yes. Chair Gort: I think the City of Miami did a comprehensive plan. Commissioner Sarnoff. We did, and the County's done one, as well. Commissioner Carollo: Yeah. And we passed legislation adopting the County's plan. And at the same time, we have yet another committee that -- I know I named a person to this new committee of Sea Level Rise, and I don't know where we are with that, but -- Commissioner Sarnoff Commissioner Suarez, the best -- I'm sorry. Commissioner Carollo, the best presentation I've ever seen of sea level rise was the woman that we met upstairs. Commissioner Carollo: Yeah, I was there. Commissioner Sarnoff Right. Ms. Bravo: Dr. Virginia Welch. Commissioner Sarnoff I've -- what was it? Doctor -- Ms. Bravo: Dr. Virginia Welch of WASA (Water & Sewage Authority). Commissioner Sarnoff Right. I actually have her PowerPoint. I got to tell you -- Commissioner Carollo: And it was a sunshine meeting, so just for the record. Commissioner Sarnoff Yeah, yeah, yeah. But I've since taken another meeting with her; she has a little longer PowerPoint presentation. If ever want to feel good about the City of Miami or the County's water supply, this woman will make you feel very comfortable where we are; salt water intrusion, how we deal with it, where we're dealing with it; very much what appears to be factual data, and you'll feel very good about vertical services. I think that was a -- we walked away learning that you want your water supply to go to vertical and not horizontal. So I just bring that up -- City of Miami Page 72 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Commissioner Suarez: Okay. Commissioner Sarnoff -- so that -- we're just talking so that Commissioner Suarez can bring up his issue. Commissioner Suarez: Thank you, Mr. Chairman. First of all, thank you, Commissioner, because I think, obviously, this is a topic that's obviously near and dear to your heart, because it affects mostly your district. I just wanted to attach this article that I felt was particularly relevant to the discussion and to the creation of the committee. And I think one of the most salient points in the article that I found interesting was where it said that research from the FEMA (Federal Emergency Management Agency) -- from FEMA has shown that for every dollar spent on pre -hazard mitigation measures for insured real estate, it averts a $4 in post -disaster recovery cost. I think what happens a lot of times with green building, for example, is there's a -- sometimes a hesitation, because there's a stigma that if you build green, it's more expensive, and I think we've shown in the City and we've shown -- and I think builders are striving to build green, because we've shown that there's a efficiency in cost savings that's long-term in nature. And what we're seeing here with sea level hardening, it's a similar proposition that you may spend a dollar today, and particularly on the coastal areas, to make sure that you are prepared for the possibility of sea level rise and avert $4 in cost later. And whether that's governmental costs, which are borne by the taxpayers; whether that's costs that are borne by insurers, which may sometimes default and then be borne by the taxpayers; or whether that's costs that have to be borne by the developers, themselves, or the owners themselves, whether they be a condominium or whatever the case may be, I think it's important -- and from time to time, when I get information articles, like you've done before and others, I will put it on the agenda and just share it for you to look at, as well, because I think the purpose of the Sea Level Rise Committee is particularly important, given how much density we're having and we're seeing on the coastal parts of the City; and we have so much more density coming, I think it's important that we integrate these facts into our planning process and into our building process . Thank you. Commissioner Sarnoff You know, can I -- could I just say something to you? Commissioner Suarez: Yeah, yeah, sure. Commissioner Sarnoff Probably in the downtown Edgewater, certainly Brickell, are going to be okay with sea level rise. What is not going to be okay with sea level rise: Morningside, Bay Point, Coconut Grove, which I would tell you are extremely good tax paying -- Commissioner Suarez: Right. Commissioner Sarnoff -- locales. But you're probably looking at 20, maybe as much as 30, pump stations that will be needed I'd say, in the next five to seven years, and this Commission is going to struggle, because I -- a pump station is just short of a million- dollar project; might be -- sometimes there is no -- it's a million dollars. Let's put it like that. Commissioner Suarez: Or more. Commissioner Sarnoff Or more. It can be more and it can be slightly less. So even if you just project a million, and as I suspect the deputy would say, "Well, if you're growing to out five or seven years, you might want to put some" -- "a zero after that or something." But the point is you probably have 20 to $30 million of infrastructure need for sea level rise, in the euphemistic sense of the word, if you're going to maintain your property values on those neighborhoods. And again, it's not a downtown issue. It's not a Edge Water issue. It's not a Brickell issue. It is a Morningside issue. I think Commissioner Hardemon's going to have that issue in Belle Meade. I think he's going to have that issue in Bayside, not to the extent that I will have it in Morningside, City of Miami Page 73 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Bay Point, Coconut Grove; those are the real places that will have those issues. Commissioner Suarez: And I would just say, Mr. Chair, ifI may, just a quick follow up. We design our capital improvement standard -- and I believe Public Works standard as well -- is to design our drainage systems for a -- what they call a "five-year rain event. " The problem is, we've experienced a tremendous amount of rain, and I had years where my district has had four or five -- four rain events that have eclipsed five-year rain events, so that -- there's something wrong either with how we define a five-year rain event; it's happening four times in one year, and it's overwhelming our five-year rain event drainage capacity, or we need to have a larger capacity. What FDOT does is they build capacity for a 25-year rain event. So what often happens is we're pumping -- and I know it's happened in my district on 25th and 25th, we're pump -- we would have continual flooding until we re -- until we increased the capacity, and we were actually pumping water from 25th Avenue to 27th Avenue to FDOT's roadway, because they had five times more capacity than we did. And I think when you talk about properties that are lining -- like the neighborhoods that you just described that are lining the coast, not only do we need pump systems, but we also may need a larger draining capacity. In other words, we should potentially think about changing the standard, the CIP (Capital Improvements Program) standard for drain capacity when we do Public Works projects or CIP projects. If we do like a resurfacing project in the neighborhood and go ahead, and once we're there, increase the capacity of the ability of the area to accept water, because you know, we -- I mean, it's already happening all over the City, you know; we might as well start thinking ahead, and I think that'll also mitigate the flooding issue, as well. Chair Gort: Yes, ma'am. Ms. Bravo: You know, with regard to drainage capacity, often our biggest enemy is the groundwater level itself. On minor streets, we would have a French drain system, and the capacity of that is constrained as the water table rises when there's a heavy storm season. What you're looking at with regard to pump stations, you might look at what Miami Beach is doing. Commissioner Suarez: Right. Ms. Bravo: It's really a network of pump stations -- Commissioner Suarez: That's true. Ms. Bravo: -- and pipes. So you're talking about multi -million dollar efforts. Chair Gort: People need to understand this is a citywide problem, because whatever affects any of our neighborhoods is going to affect the whole City. If property value goes down into this neighborhood, it's going to affect the neighborhood, and that -- it affect the whole City. So this is something that we need to consider. Commissioner Sarnoff You know, that might not be a bad analysis to do, what you just said, Mr. Chair, because ifI just think about Coconut Grove from South Bay Homes -- or North Bay Homes Road South, and I just think about what those 30 homeowners are paying in property taxes, if you just do a five-year analysis, you don't want them coming in and saying, I flooded last year. I flooded next" -- you know, and all of a sudden, they're going to start reducing their property values because they are at the water's edge, and the water's edge has crept in. So that -- I got to tell you, that would be an analysis, Deputy, that I think is a good idea to do. Commissioner Suarez: And flood insurance increases, too. Commissioner Sarnoff Right. City of Miami Page 74 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 DI.4 15-00679 District 4- Commissioner Francis Suarez Commissioner Suarez: Because that's what's going to happen -- that's another thing that's going to happen. Commissioner Sarnoff You know, I think Commissioner Gort's going to remember this. Growing up, people didn't live on the waterfront. Hurricane Camille, Hurricane Betsy totally told people this is not where you get to live, and destroyed the Gulf Coast and -- I don't know. And then in the early '90s, it became like vogue to live on the waterfront; and, you know, you got through Andrew okay, because it really didn't hit us directly at the waterfront. But, you know, for years and years, I was brought up being taught you don't live on the waterfront because the water ebbs and flows. Chair Gort: Okay. DISCUSSION ITEM CREATION OFATRANSPORTATION TRUST FUND IN LINE WITH THE CITY'S FINANCIAL INTEGRITY PRINCIPLES FOR: - OPERATION AND MAINTENANCE OF EXISTING TRANSPORTATION RESOURCES - MATCHING FEDERAL, STATE AND/OR COUNTY CAPITAL FUNDING FOR TRANSPORTATION RESOURCES 15-00679 E-Mail - Discussion Item.pdf DISCUSSED Commissioner Carollo: DI.4. Chair Gort: D4. Commissioner Suarez: Thank you, Mr. Chair. That kind of is a good segue into DI.4, which is we've reached a point, thanks to this Commission's austerity and collegialness [sic], that we have a collegiality, that we have exceeded or close to exceeding our Financial Integrity Ordinance reserve threshold. And one of the things as an MPO (Metropolitan Planning Organization) board member and as a mem -- you know, as a City Commissioner that we constantly see is, as we dens f as a city, a tremendous need for transportation -related solutions, and you know, we had one that Commissioner Gort advanced and that we were moving on very rapidly, but there's a variety of other ones that we need to kind of release the pressure, if you will. We, obviously, all together, worked on connecting Tri-Rail to downtown, and that's an ongoing issue. But one of the things that I see in a lot of these discussions is, first of all, that the City is increasing its part or its portion. That's an interesting dynamic. But the other thing is that there's a priority -- there's a bunch of priorities, and I think what our largesse or what our success, because of the way that we've run this City, is going to allow us to do is jump the line in terms of priority, because, if we put funds aside and we're ready to match, locally, projects that are going to be in the pipeline, then the State, and the County, and the Federal Government, when they start making their priorities, and we say, Listen, we're here with a check; you know, we don't have to go to bond market, we don't have to borrow money; we're here with a check to put in our money, " I think that will help us jump to the beginning of the line. And I think when you look at the needs, we're constantly fighting with the rest of the County to try to have a city where -- sometimes intra-city transport is seen as unpopular by other parts of the County, and I think this is one way for us to do this. I'm going to be bringing back legislation that will be incorporated into our financial integrity principles that will allow us to set aside money for three things and they're all transportation related. Number one, funding mass transit, whether it be matching Federal, State, and County funds; number two, operation and maintenance of existing City of Miami Page 75 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 transportation resources. We know that the trolley system is going to run out of money -- we know that -- regardless of how we shake it with the expansion; it's just going to happen faster. And by the way, we agree with the expansion. That's something that we all agreed on, but we know that's going to accelerate that process, and we should start putting away money for that today. And third, what we just talked about, you know, sea level rise hardening, whether it be on the capital side, our streets. I know I can speak for all the Commissioners when I say that the need for repaving streets, for increasing drainage is constant, and I don't think it makes sense to just bond money out from the half cent, me personally, because what happens is the projects never last long enough, and the needs are continual. We really need to start looking at setting aside a certain part of our budget to meet these needs on a continual pay-as-you-go basis rather than borrowing money and paying the interest on top of everything else. So that's just my discussion item on that as a concept and an idea, and I'll be bringing back something more substantive in the near future. Thank you. Chair Gort: I'll tell you what, I like to see you working a little closer with the Administration, because like you stated before, we have a lot of needed infrastructure in all our neighborhoods, so we got to make sure; we got to take care of this infrastructure and the -- Commissioner Suarez: Absolutely. Commissioner Suarez: -- problems that we have today. And so I'd like to -- for you to work very closely when it -- Commissioner Suarez: Will do. Chair Gort: -- comes to the legislation, see where the funds are going to come from, how we're going to do it, and what other needs we have. Commissioner Suarez: Will do. Chair Gort: (UNINTELLIGIBLE) -- Okay. Any other questions? Guys, come back at 3 o'clock? Thank you. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Gort: We'll go into Planning & Zoning right now. Madam Attorney. Victoria Mendez (City Attorney): One second, Chairman; I put it in the wrong folder. Thank you. We will now begin the Planning & Zoning items. PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications, pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of Miami 21 Zoning Code. Staff will briefly present each item to be heard. The applicant will then present its application or request to the City Commission. If the applicant agrees with staff recommendation and no one from the public wishes to speak for or against the item, the Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation that may have -- that it may have, and the public may speak, as stated before. 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 each, 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 City of Miami Page 76 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Gort: Thank you. PZ.1 RESOLUTION 14-01246sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE PORTIONS OF STREETS APPROXIMATELY LOCATED AT NORTHEAST 1ST COURT SOUTH OF NORTHEAST 31 ST STREET TO APPROXIMATELY 150 FEET NORTH OF NORTHEAST 29TH STREET; AND NORTHEAST 30TH STREET BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 1ST COURT; AND NORTHEAST 31 ST STREET BETWEEN NORTHEAST 2ND AVENUE AND THE F.E.C. RAILROAD, MIAMI, FLORIDA. 14-01246sc Fact Sheet.pdf 14-01246sc Analysis, Maps & PZAB Reso.pdf 14-01246sc Application & Supporting Docs.pdf 14-01246sc Legislation (v2).pdf 14-01246sc Exhibit.pdf LOCATION: Approximately located between NE 29th and NE 32nd Streets and between NE 2nd Avenue and East Coast Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Midtown Opportunities, XIVB, LLC, Midtown Opportunities XIIIB, LLC, and Midtown Opportunities, XVB, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval, with conditions. PLAT & STREET COMMITTEE: Recommended approval on April 3, 2014, by a vote of 7 - 0. Recommended approval of reconfigured plats on March 5, 2015, by a vote of 6 - O. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on March 18, 2015, by a vote of 9-0. PURPOSE: This will close portions of NE 1st Court, NE 30th Street, and NE 31 st Street, located east of the F.E.C. Railroad and west of NE 2nd Avenue. City of Miami Page 77 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 PZ.2 Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0243 Chair Gort: PZ.1. Francisco Garcia: Yes, sir. Thank you. For the record, Francisco Garcia, Planning & Zoning director. Item PZ.1 is a proposal for a street closure for a site located in Northeast Miami with the Florida East Coast Railroad tracks to the west, with Northeast 2ndAvenue to the east, with Northeast 29th Street to the south, and to the north it tapers off right about the height of -- on Northeast 32nd Street. The proposal is simply to close off existing right-of-ways [sic] that are dead ends and don't serve a purpose necessarily. And as a result of the replatting of this large parcel of land, additional provisions will be made to configure the land into different blocks for development and also certainly provide any ingress and egress, as appropriate. The Plat & Street Committee has recommended approval by a vote of 7-0, as did the Planning, Zoning & Appeals Board, and both the Public Works Department and the Planning & Zoning Department are recommending approval. Chair Gort: Thank you. Yes, sir. Javier Avino: For the record, Javier Avino, with law offices at 1450 Brickell Avenue, Bilzin Sumberg, joined by Ines Marrero-Priegues of Holland & Knight. I'll be brief and rest on the conditions and the recommendations from Plat & Street, but as -- no mike -- as Mr. Garcia explained, this is immediately east of Midtown. These are roads that are internal to the area that's being platted. There's no connectivity beyond the railway. And by way of background, this property -- the streets in question vacated in 2004 and again in 2008. The Code provides that to finalize the street closures, the actual plat needs to be recorded and finalized. We are before you now with the same application that was approved by the Commission before, and we are ready to move forward. We have been working with Planning staff, as Mr. Garcia indicated, with a development that we hope to bring in line in short order. And with that, if you have any questions. Chair Gort: Thank you, sir. This is a public hearing. Is anyone in the public would like to address this issue, PZ.1 ? Seeing none, hearing none, we'll close the public hearings. Commissioner Sarnoff So move, Mr. Chair. Chair Gort: It's been moved by Commissioner Sarnoff -- Commissioner Carollo: Second. Chair Gort: -- second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Avino: Thank you very much. Chair Gort: Thank you. RESOLUTION City of Miami Page 78 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 15-00183sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF NORTHEAST 11TH TERRACE APPROXIMATELY LOCATED BETWEEN NORTHEAST 11TH STREET AND THE 1-395 EXPRESSWAY AND BETWEEN NORTH MIAMI AVENUE AND NORTHEAST MIAMI COURT, MIAMI, FLORIDA. 15-00183sc Fact Sheet.pdf 15-00183scAnalysis, Maps & PZAB Reso.pdf 15-00183sc Application & Supporting Docs.pdf 15-00183sc-Submittal-Iris Escarra-Letters of Support.pdf 15-00183sc Legislation (v2).pdf 15-00183sc Exhibit.pdf LOCATION: Approximately between NE 11th Street and the 1-395 Expressway and between N Miami Avenue and NE Miami Court [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of 29 NE 11 Street, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on January 15, 2015, by a vote of 4 - 2. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 15, 2015, by a vote of 8-0. PURPOSE: This will close a portion of NE 11th Terrace located between NE 11th Street and the 1-395 Expressway and between N Miami Avenue and NE Miami Court. 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-15-0244 Chair Gort: PZ 2. Francisco Garcia (Director, Planning & Zoning): Thankyou, sir. Item PZ.2 is another proposed street closure before you as a resolution. This is for a portion of Northeast 11 th Terrace, which is to the east of North Miami Avenue and to the west of Northeast Miami Court. It's for a short stretch, and it is intended to yield a unified development site; the same property owner that owns the land to the north and to the south. And as presently configured, it cuts of a very oddly shaped and narrow parcel of land to the south, which essentially renders it undevelopable. The Plat & Street Committee has reviewed and recommended approval, as has the Planning & Zoning Department, and as did the Plat & Street Committee and the Planning, Zoning & Appeals Board by a vote of 8-0. We're happy to answer any questions you may have. Chair Gort: Thankyou. Yes, ma'am. City of Miami Page 79 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Iris Escarra: Good afternoon, Chairman, Commissioners. Iris Escarra and Marissa Faerber, with offices at 333 Southeast 2nd Avenue. Good afternoon. Here -- Marissa just handed out to you 25 letters of support that we have for the street closure from abutting property owners, business owners in the area, residents in the area; ifI could walk you through quickly, the street closure. There's actually currently right now -- this site here has been redeveloped into a club. The property owner invested a lot of money in revitalizing this particular club that's right here. This is pretty much -- this is the County Chiller plat, if you're familiar with the area over here. This is the old Greyhound site that's currently still being used by Greyhound. The street actually goes from two streets. This is a one-way down and a one-way north, so it's really not serving any traffic circulation in the area. What we've done is we've requested to close out 6, 384 feet and are providing a 4, 000-square foot easement along the north side. So the one-way traffic that's corning on North Miami Avenue can still cut through and connect here. However, it allows for the creation of a nice developable site in the future. Chair Gort: Thankyou, ma'am. It's a public hearing. Anyone in the public would like to address PZ.2? Anyone in the public? Seeing none, hearing none, close the public hearing. Commissioner Sarnoff. So move, Mr. Chair. Chair Gort: It's been moved by Commissioner Sarnoff -- Vice Chair Hardemon: Second. Chair Gort: -- second, Vice Chairman. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Escarra: Thank you very much. Chair Gort: Thankyou. PZ.3 ORDINANCE 15-00046Iu Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY 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 City of Miami Page 80 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 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 Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo 13521 Chair Gort: PZ 3. Francisco Garcia (Director, Planning & Zoning): Sir, thank you. Items PZ.3 and PZ.4 are companion items. These are correspondingly a land use change and a rezoning for a parcel of land at 3231 Southwest 23rd Street. This is before you on second reading. And the land use change request is from duplex residential to low -density multifamily residential, and the zoning proposal is a change from T3-O to T4-R. There are abutting conditions which recommend in favor of this plan. The land is immediately to the west of a T6-8-O-zoned land, which is, of course, intended for high density and also mixed use, and immediately to the north of T4-L- zoned land. Notwithstanding that, the request is for T4-R, which will yield simply a slightly higher density of residential development. It's been reviewed and recommended for approval by the Planning, Zoning & Appeals Board. And the proposal before you does not have a covenant attached to it. I'm happy to answer any questions you may have. I'll defer to the applicant. Ben Fernandez: Good afternoon, Commissioners. Chair Gort: Thank you. Yes, sir. Mr. Fernandez: Mr. Chair, Ben Fernandez, 200 South Biscayne Boulevard. Chair Gort: Ben, let me put you on hold for a minute -- Mr. Fernandez: Yes. Chair Gort: -- 'cause this is in Commissioner Suarez; he's not here at this time. My understanding, he should be in a minute. Mr. Fernandez: Very good. I'd be happy to wait. Thank you. Chair Gort: (UNINTELLIGIBLE) gets here. City of Miami Page 81 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Later... Chair Gort: PZ 3 and 4. Mr. Garcia: Yes, sir. And with the Chairman's indulgence and for the benefit of the Commission, since reference was made to this item previously; and in particular, for Commissioner Suarez, who asked the question, I am advised that the Planning, Zoning & Appeals Board, on May 20 -- Chair Gort: Go ahead. Mr. Garcia: I'm sorry. -- considered an application for a zoning change for a parcel at 2240 Southwest 13th Avenue. The zoning change proposed was from T3-O to T4-L; and, indeed, as Ms. Bottari had mentioned on the record, they recommended denial by a vote of 4 to 3 -- 4 to 5 -- I apologize. Chair Gort: Thank you. Victoria Mendez (City Attorney): Mr. Fernandez, if you can come by here for a moment? Mr. Fernandez: Sure. Mr. Garcia: Mr. Chair, I'm ready to move forward to items PZ.3 and PZ.4; however, Commissioner Suarez has stepped away momentarily. Chair Gort: Okay, he's back. Go ahead. Mr. Garcia: Yes, sir. Thank you. Items PZ.3 and PZ.4 are companion items. They are the land use change and the rezoning for parcels at 3231 Southwest 23rd Street. The proposal for the land use change is from duplex residential to low density multi family residential. And the proposal for zoning change is from T3-O to T4-R. These items were recommended for approval by the Planning & Zoning Department as well as from the -- or rather by the Planning, Zoning & Appeals Board by a vote of 10 to zero in the case of the land use change; and by a vote of 9 to 1 in the case of the zoning change. This item does not reclude -- include a covenant, and I'm happy to answer any questions you may have. I yield to the applicant. Chair Gort: Thank you, sir. Yes, sir. Mr. Fernandez: Thank you, Mr. Chair. Ben Fernandez, 200 South Biscayne Boulevard, on behalf of the applicant. This is second reading. We would ask that you follow your staff recommendation, and we're here to answer any questions that you may have. Chair Gort: Thank you. Commissioner Suarez: So moved, so moved. Chair Gort: It's been moved by Commissioner Suarez. Commissioner Sarnoff Second. Chair Gort: Second by Commissioner Sarnoff. Anyone in the public would like to address this issue? Orestes Triana: Good afternoon, Commissioners, Chairman. Orestes Triana. I am 2221 Southwest 32ndAvenue. I'm the owner of Green's Garage; not far adjacent from the property; City of Miami Page 82 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 just had a couple of questions. One, the change of the venue for a multi -use is, basically because they're going to expand the property prior to that, or --? Mr. Fernandez: No. Mr. Triana: Because my concern is mainly traffic. We've spoken about that before. Coral Way and 32nd Avenue, and with some other proposals later on on 22nd Terrace, there are issues related to traffic. So I just wanted to see if that was a consideration taken for the impact that's going to be in that area. And again, what was the purpose of the change of the zoning? Mr. Fernandez: Sure. Absolutely not. It has nothing to do with the Shamrock. The Shamrock is next door. Mr. Triana: Right. Mr. Fernandez: This is a separate property, and it isn't requesting the same type of zoning that the Shamrock has; that's a high density zoning. This is a very low density, transitional zoning. So the idea is to replace the grandfathered building that's there, structure that's there -- Mr. Triana: Right. Mr. Fernandez: -- there's a home that has several rental units -- and convert it into something more modern, but that is essentially the same kind of use that has always been there. Mr. Triana: So we're talking about the property on the southeast -- the southwest portion of the Shamrock, across from the -- Mr. Fernandez: Across from Victor Cafe, the old -- Mr. Triana: The old Victor Cafe. Mr. Fernandez: That's correct. Mr. Triana: So that's that old piece of property that has several units, and you want to change it? Mr. Fernandez: Yeah. Yes, sir. Mr. Triana: Okay, all right, that's fine. I just wanted to make sure. Chair Gort: Thank you. Commissioner Suarez: Thank you. Thank you for coming. Mr. Fernandez: Thank you. Is there anyone --? Chair Gort: Anyone else? We'll close the public hearing. Second reading. Commissioner Suarez: We have a motion; and do we have a second? Yeah. Chair Gort: Yeah. Todd B. Hannon (City Clerk): Yes, sir. Commissioner Suarez: Read the roll [sic]. City of Miami Page 83 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chair Gort: Yeah. You moved it and Sarnoff seconded. Commissioner Suarez: And closed the public hearing already, so. Ms. Mendez: PZ.3. Mr. Hannon: Yes, ma'am. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ 3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.4 ORDINANCE 15-00046zc Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3 - 0 "SUB -URBAN TRANSECT ZONE - OPEN" TO T4 - R "GENERAL URBAN TRANSECT ZONE RESTRICTED," FOR THE PROPERTY LOCATED AT APPROXIMATELY 3231 SOUTHWEST 23 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-00046zc SR Fact Sheet.pdf 15-00046zc Analysis, 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 Suarez - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Twenty Third Street Invest, LLC FI NDI NG(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 T3-0 to T4-R. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo City of Miami Page 84 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 13522 Commissioner Suarez: Move PZ.5. Chair Gort: I thought the little one was going to vote. Commissioner Suarez: Sony? Chair Gort: PZ 5. ToddB. Hannon (City Clerk): PZ4, sir, PZ.4. Chair Gort: PZ.4. Sorry. Commissioner Suarez: I thought we just -- oh, I'm sorry, my apology. Chair Gort: We just had the public hearing on both. Commissioner Suarez: Move PZ.4. My apology. Mr. Hannon: Yes, the public hearing has been held on PZ 3 and 4. I have a motion by Commissioner Suarez with a second by? Chair Gort: Sarnoff or Hardemon; either one. Victoria Mendez (City Attorney): And ordinance of the Miami City -- Commissioner Suarez: Hardemon. I'm sorry. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Ben Fernandez: Thank you very much. PZ.5 ORDINANCE 14-00727Iu Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN, OF REAL PROPERTY APPROXIMATELY LOCATED AT 5907 NORTHEAST 5TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 85 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 14-007271u SR Fact Sheet.pdf 14-00727Iu Analysis, Maps & PZAB Reso.pdf 14-007271u Application & Supporting Documents.pdf 14-007271u Legislation (v2).pdf 14-007271u Exhibit.pdf 14-007271u-Submittal-Ben Fernandez -Letters of Support.pdf LOCATION: Approximately 5907 Northeast 5th Avenue [Commissioner Keon Hardemon - District 5] APPLICANT(S): Jacques and Denise Miodownik, Joint Tenants with Right of Survivorship, on behalf of DJ 2014, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 14-00727zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on November 19, 2014 by a 7-1 vote. See companion File ID 14-00727zc. PURPOSE: This will change the land use designation for the above property from "Single -Family Residential" to "Low Density Restricted Commercial". Motion by Commissioner 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 13523 Chair Gort: PZ 5 Francisco Garcia (Director, Planning & Zoning): Yes, sir. Thank you. Item PZ5 and PZ.6 are also companion items. These are for a land use change and a zoning change for parcels at 5907 Northeast 5th Avenue. That happens to be the only parcel affected by the land use change proposal. And the rezoning is applied for for parcels at 5900 Biscayne Boulevard, as well as 5907 Northeast 5th Avenue. On the west side, the parcel fronts Northeast 5th Avenue, as previously stated, and the zoning change proposed for that parcel of land is from T3-L to T4-O, and on the east side, the portion of the land that fronts Biscayne Boulevard, that parcel of land is proposed to change from a zoning of T5-L to T4-O. However, on that side, we are recommending denial of the change to T4-O, and requesting that it remain T5-L to provide continuity along Biscayne Boulevard. The Planning, Zoning & Appeals Board heard this matter and recommended denial of both. We in the Planning & Zoning Department are recommending approval. This has been before you on first reading. It is now before you on second reading. And the parcel -- I'm sorry -- the proposal, rather, does include a covenant that we think is worthy of your consideration, which provides for, we believe, appropriate measures to buffer the development appropriately from the western phasing residential development, and certainly also is very much compatible and in line with the development along Biscayne Boulevard, which happens to be within the MiMo (Miami Modern) Historic District. I should also emphasize that on the west -- the western half of the property is within the Palm Grove Historic District. With that by way of brief introduction, I'll yield to the applicant, and we'll be happy to answer any questions you may have. Ben Fernandez: Good afternoon, Commissioners. Ben Fernandez, 200 South Biscayne City of Miami Page 86 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Boulevard, here on behalf of the applicants. We're here for second reading on this item. I think this is actually -- technically the third hearing. We've had two public hearings, as required by Florida Statute on this matter, and we're here a third time for the second reading. We're here to answer any questions that you have about the project, and we would ask that you follow your staff recommendation. We're here to answer any questions. Thank you. Vice Chair Hardemon: Thank you very much. PZ.5 is what we're on right now. PZ.5, as I remember correctly, that was the one that was passed. The recommendation from the staff that was carried by the Commission was an approval on that one. Is that correct? Mr. Garcia: I'm sorry. That is correct, sir. Vice Chair Hardemon: And then PZ.6 was the -- would have been the one that was denied or was it denied in part? Mr. Garcia: Recommended for denial. That is correct, sir. Vice Chair Hardemon: And that's what the Commission carried, correct? Mr. Garcia: Yes, sir. Vice Chair Hardemon: At this time, if there are members of the board, I'll be willing to entertain a motion to approve PZ.5. Oh, but we don't have -- said we don't have to open up public hearing, but I will, because it -- the way that the Florida Statute stated that you have to have one opportunity for the public to hear the item before it's passed and we have heard you and -- but we will allow you to speak again. And I remember you very clearly, because you gave me the dissenting opinion; didn't let me know, so that aches my heart. John Lukacs: Well, I appreciate that, Commissioner. Vice Chair Hardemon: But you're recognized. Mr. Lukacs: Members of the Commission, John Lukacs, with offices at 2525 Ponce de Leon Boulevard. I'm here on behalf of Dr. Kim Jacobsen, who resides in the predominantly single-family residential neighborhood that is located adjacent to the subject property. I think that the evidence that we've heard in the record at the prior public hearing is -- clearly establishes that the subject neighborhood is a very well established single-family residential neighborhood. I have some questions for Mr. Garcia, if the Commission would indulge me? Vice Chair Hardemon: No. I don't think this is an appropriate time to ask any questions. Mr. Lukacs: Okay. Well, let me do this, then: Let me make a record by simply reiterating the position that we took at the last public hearing, which was to impress upon the Commission that what is sought by the applicant is impermissible spot zoning. And I want to reiterate that spot zoning is the 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. Moreover, the term is generally applied to the rezoning of only one or a few lots, which is precisely what we have in this instance. When we take a look at the recommendations that had been made by staff I would ask the Commission to be aware that the conclusions and opinions that are expressed are really conclusory in nature. There is no factual analysis. There is no chain of underlying reasoning; rather, there is simply generic comments, such as the proposed change will allow for the addition of commercial uses and increased housing capacity, which will serve the surrounding residential neighborhoods without foreseeable negative impact. There is no analysis in terms of what impacts, if any, this proposed use will have upon the adjacent, and I City of Miami Page 87 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 would say, contiguous single-family residential neighborhoods. There is also no indication the staff has undertaken an analysis of any other part of the comp plan or analyzed any other of the more significant, I would say, policies and goals; particularly, whether or not -- under Land Use Goal LU-11, whether or not the proposed land use amendment, which proposes to bring a commercial and possibly higher intensity residential into this area, whether or not that's going to have an impact upon the neighbors. Furthermore, there is no consideration, whatsoever, in terms of how this particular improvement is going to benefit the neighborhood itself. We've urged that this may set a precedent in the future for a continuation of this type of a use, and particularly a use that would extend to the north. It is somewhat of a domino effect. We're prepared to address -- and we have Dr. Paul George here, who can speak to the neighborhood itself, the historic implications that are being compromised by this proposed development. We would also like to point out that the plans themselves, upon further review, appear to be inconsistent. And I might point out to the Commission's attention that if we were to take a look at specifically page A4.01 of the plans -- Mr. Fernandez: I'm sorry. I have to object to this line of testimony. The approval today is not based on a specific set of plans. There is a covenant that ties it to the spirit of the plans, but it's clear that staff needs to review the plans as part of the standard Miami 21 review process. I don't think that we're here today reviewing a specific plan. Mr. Lukacs: I would like to reply by simply saying this: That I believe that you have the cart before the horse, and I do think the staff needs to weigh in on a specific plan that is being proposed for this area. And I think that, as a matter of due process, the neighbors, particularly those in opposition to this project, should at least have an opportunity to know, with finality, what is actually being proposed for use, whether it's a 35-foot-high building or, as the plans indicate, at least the one page, a 38-foot-high building. Vice Chair Hardemon: Can you address your comments to me? Mr. Lukacs: Okay. Vice Chair Hardemon: The -- I'll sustain the objection. However -- are you done with your argument? Mr. Lukacs: I wasn't arguing. Vice Chair Hardemon: No. This is your legal argument. Mr. Lukacs: Well, I was simply making a presentation. Now, my point is, is that there are discrepancies within the plans themselves, and this Commission is being asked right now to go ahead and pass judgment on a zoning and land use change without the required specificity. I would suggest that if we do have a specific plan, that the neighborhood -- Vice Chair Hardemon: Well -- Mr. Lukacs: -- excuse me -- that the neighbors are entitled to that detail. Vice Chair Hardemon: But let me interrupt you here, because with what we're -- well, the changes that we're making, as I understand it -- and staff can correct me if I'm wrong -- but we don't have to consider a plan. We're considering a change of zoning and use, and so there's not necessarily a plan associated with it, but just a range of development that can or cannot happen on this type of property. Mr. Garcia? Mr. Lukacs: And may I respond to that, Commissioner? City of Miami Page 88 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Vice Chair Hardemon: Before -- let me -- Mr. Garcia: IfI may? Thank you. Commissioner, there is a set of plans attached to your documents that provide for a fairly detailed development proposal for this site, which we have reviewed preliminarily, and these plans are attached to the covenant that has been proffered by the applicant that is before you today for consideration. I'd like to add, however -- andl believe Mr. Fernandez pointed this out earlier -- that to the extent that the plans proposed have any discrepancies, those will ultimately be subject to review and approval by the Planning & Zoning Department, as contained within the covenant, and we certainly reserve the right to make the plans further compliant with any applicable regulations as part of that review process. Vice Chair Hardemon: So the plan that's associated with PZ.6, correct? Mr. Garcia: That is correct, sir. Vice Chair Hardemon: And that covenant will be proffered today, along with the -- if this Commission approves it, that approval? Mr. Garcia: That is correct, sir. Vice Chair Hardemon: All right. Mr. Lukacs: Commissioner, when might those details be provided to the neighbors so that they can weigh in -- excuse me -- and interpose whatever objections they may have? Vice Chair Hardemon: I would -- Mr. Fernandez: Oh, I can provide those -- ifI may, I can provide that detail right now. If the question is with respect to the discrepancy on page A4.02, there is a typographical error that states that the maximum height of the building is 38 feet; everywhere else it is clearly specified that it will be at 35 feet, and that is the correct number, 35 feet. So we will stipulate on the record that the maximum height is 35 feet. It's meant to be consistent with the MiMo Historic District maximum height limitation. Vice Chair Hardemon: Do you have any other questions that you want to pose to --? Mr. Lukacs: I do. Actually, with respect to the size of the development that is sought to be built on the, let's say, the residential component of the two lots itself, what is the maximum square footage? The plans seem to indicate that there will be 4,500 square feet in the -- or on the lot, rather, that is proposed to be T4-O. Is that correct? Mr. Fernandez: What is the maximum square footage of the residential component? Mr. Lukacs: Yes, sir. Mr. Fernandez: By itself? Mr. Lukacs: By itself. The plans indicate 4,500 square feet. Dean Lewis: I'll answer it. Mr. Fernandez: I'm going to have Mr. Lewis answer, our project architect. Mr. Lukacs: I was just corrected. The commercial component within the T4-O, it's indicated as being 4,500 square feet. City of Miami Page 89 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Mr. Fernandez: First of all, it's mostly underground, because the intent of the application is primarily to allow the underground area to be utilized for parking that will serve both parcels . Mr. Lukacs: Okay. But the question is, on the T4-O component or portion of the development, what is the maximum square footage provided for in the plan; is it 4,000 or is it 4,500? Mr. Lewis: Forty-five hundred. Mr. Lukacs: Okay. And isn't it correct, though, that there is a limitation of --? Vice Chair Hardemon: Can you state your name for the record, please, first of all? Mr. Lewis: Yes. My name is Dean Lewis, with offices at 6301 Biscayne Boulevard, project architect. Vice Chair Hardemon: And what I want to be very careful of is that what we have here is that you're representing, say, one of the homeowners. There are no witnesses that anyone's putting on the stand. We took care of that at the last agenda meeting. So it's kind of inappropriate to me to question the attorney in the fashion that is -- where you're asking leading questions to get to some type of conclusion for an argument, and that's why I said, you know, are you -- "Were you complete with your argument?" But if I -- if you may, instead of leading him in that fashion, can you ask the questions to the dais that you want to be answered, and maybe we can have those questions answered for you? Mr. Lukacs: Sure. Will the Commissioner please inquire as to whether or not the square footage proposed, in the amount of 4,500 square feet for the commercial component on the T4-O part of this proposed project is in excess of the permissible 4,000 square feet? Vice Chair Hardemon: Okay. Is there another question that you have? Mr. Lukacs: I may have a number -- more -- I'm having some -- am I to understand that for purposes of this second reading that the Commissioner wishes to constrain any input by the opposition to the project? Vice Chair Hardemon: Well, what I want to be -- what I want to explain to you is this: When you're making the same arguments that you made from the last meeting, it, to me, is redundant; there isn't any new information that's been presented. And that's why, when you asked that question about the square footage, that was information I hadn't heard of before, the 38 versus the 35-foot height limit. And so, you know, the difference between today, for instance, and last time, typically, when we have these types of hearings, we have someone that's testified to these facts being put on the record, and so this, it doesn't appear to be this way. Your arguments, I'm asking to -- at least to place your questions on the -- before this Commission, because obviously, you want to make the arguments to us; you want us to understand exactly what you're saying. And so I want to know what it is that you're saying, because we're not necessarily a jury that needs to hear facts in a way that have to be developed and led so that we can give you the right result in the end or the result that you're looking for. So I'm just trying to get your questions out on the record so they can be addressed and we can understand them, staff can understand them, counsel can understand them, because it may be something that is more appropriate for the staff to answer rather than opposing counsel. Mr. Lukacs: Commissioner, the point I wish to make is -- Vice Chair Hardemon: Because, for instance, the 4,500 square feet T4-O in excess of the permissible square footage, that's a question that my staff can answer, not someone who's in City of Miami Page 90 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 opposition for you. Mr. Lukacs: I thought there was an architect by the name of Mr. Lewis that presented himself and was prepared to respond to those questions. Vice Chair Hardemon: Well, he did present himself. He was trying to help the attorney, but that is a question of law; not necessarily a fact that we can actually have addressed by the -- our staff. Mr. Lukacs: Okay. Factually, the plans will indicate -- and I will proffer this to the Commissioner -- the plans indicate a square footage proposed of 4,500 feet, which we maintain is in excess of what is permissible, 4,000 square feet. Mr. Fernandez: I have to object to that, as well. There -- you have to distinguish between habitable space and non -habitable space; area of use, not area of use. There are a plethora of details that are required as part of a building permit application and an application for a site plan approval, which is not the issue here today. We're not here on a site plan approval. We have a covenant that requires that a project be submitted, that is substantially within the design intent, substantially compliant with the plans that we have submitted, which are fairly specific, but they are still initial plans. The project is still in a somewhat nason (phonetic) stage. It would be backwards to come here with a fully fleshed out plan, and it would be entirely over burdensome to ask staff to conduct a building permit level review of a plan when we're here on a comp plan application and a zoning application. So I think that these questions are really counterproductive, and they are not an efficient time of the -- an unefficient [sic] use of this Commission's time, and we would respectfully ask that the board conclude this public hearing. There have been two public hearings, which is what is required by the Florida Statute on this matter; two previous public hearings. I understand that Mr. Lukacs was not at the first one, because he was hired in between those two hearings, but nevertheless, this would be the third public hearing, and not including the hearings where this has been deferred in the past. All of these arguments, I think, are redundant, and if -- clearly, if they're talking about the site plan, it's because they have no legal arguments to make with respect to the zoning and the comp plan application, which are the issues here before you today. Thank you. Vice Chair Hardemon: Thank you very much. Mr. Garcia, can you please give us some guidance as far as the question that was asked by counsel about the 4,500 square feet? Mr. Garcia: I'm happy to, sir. I would like to first reiterate that what we are not prepared to do today is to conduct a full zoning or planning review, for that matter, of the plans submitted. The plans have not been submitted as part of a covenant seeking a permit. They have been submitted as part of a covenant proffered by the applicant to further restrict the development capacity available on the site should the zoning change be approved. In that capacity, they serve well to illustrate an intent for a project. However, as mentioned previously -- I'll say it the second time, and I'll repeat it often as needed -- all of the details of the plan have to be in full compliance with the applicable zoning regulation if or when approved. So if it were the case that a commercial establishment of greater than 4,000 square feet is contained in those plans, if that were the case, then, as part of the revisions that are required by the Planning & Zoning Department and as part of the zoning review of those plans, then that would have to be corrected and brought into full compliance with the applicable zoning regulations, and that is the same for every other detail that might have been mischaracterized in the plans submitted. Again, those plans are not before you for zoning or planning approval. Those plans are before you to illustrate the concept that we have recommended approval for. Vice Chair Hardemon: So it seems, just like counsel is saying, that those issues are not ripe just yet. What I'd like to do is further our two -minute -- I mean, our public hearing by allowing other people to address this -- the dais for two minutes. I think I gave you significant time to address City of Miami Page 91 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 and allowed the time to expire and allowed you to continue to speak. So if there's anyone else that would like to address this body about items number PZ.5 and 6, please do so at this moment. Mr. Lukacs: Thank you very much for the time. Vice Chair Hardemon: Thank you very much. Paul George: Commissioners, hi. I'm Paul George, 1345 Southwest 14th Street, historian, appearing here as an expert witness pro bono in opposition to the plans for this particular site. And I just wanted to cite, ifI possibly could, some history. It's contained in the packets -- sorry -- it's contained in the packet that you received regarding this site, and I want to refer to page 6 of the packet, which shows the 1922 plat map of the Bayshore subdivision, where the property is located. Notice the many curved streets, and angled lots and highlighted diagonal street with medians name `Dixie Boulevard" which, in the earlier 1920s, was a single-family residential street, just like others in this platted subdivision. And then if we go to page 7 of your packet is a 1923 newspaper ad for the Bayshore subdivision. The highlighted passage says, quote, "No hotels, apartment houses, stores or other business buildings will be permitted." So the neighborhood was platted, designed and originally allowed to have only single-family homes and no commercial zoning. In 1926, Biscayne Boulevard was created to connect downtown Miami with Miami Shores. It was connected at Dixie Boulevard, a street designed, as we've indicated, for single-family homes. In 1941 -- and I'm referring now to page 8 of your packet -- it shows a single-family home built that year, 1941, at 5850 Biscayne Boulevard. It has 2,500 square feet. Now, the Commissioners have heard 14 times during the first reading by the applicant's attorney or the Planning Department that the zoning to the south of the subject property is T5 commercial, but not once did they tell you that that property is occupied by this single-family home built in 1941; now being used as an office, and it is a contributing structure in the MiMo historic, the Historic District, as you can see on the map, which is on page 9 of your handout. So it is protected, the building were talking about, the 1941 structure, from demolition; and structurally, physically and visually, the building is going to stay looking like a single-family home. As you know, there's a 35 height limit -- we just discussed it -- on the MiMo District, which also reinforces the preservation of that single-family home office. Apparently, in the 1960s, the zoning west of Biscayne Boulevard was changed to R3, allowing apartment houses in West Bayshore; and the zoning along Biscayne Boulevard was changed to °Tor Office. "In 2006, the MiMo Historic District was created, and three years later, 2009, the Palm Grove Historic District was created, which includes the subject property. In 2010, Miami 21 changed the zoning of most of the west Bayshore back to the original single-family zoning, and the zoning along Biscayne Boulevard was changed from office to commercial. Today, at least 10 of the original single-family homes still exist along this stretch of Biscayne Boulevard, and almost all have been converted to offices, including the house to the immediate south of 5850 Biscayne Boulevard, and the three houses across Biscayne Boulevard to the east. Even the Seven Seas Motel, just north on Biscayne Boulevard of these two parcels has incorporated in it a former single-family home. Today, there are still 40 single-family homes in West Bayshore and only four apartment buildings. The predominant character of the area is overwhelmingly that of single-family homes. The proposed land use change -- and I'm wrapping it up now -- would be inconsistent with the comprehensive plans objective LU-2.3, and I'm quoting, Encourage the preservation of all historic, architectural, and archeological resources that are major significance of the City,'end quote. The subject property is a single-family lot in the Palm Grove Historic District. Change in the land use to commercial would not preserve the residential historic district; if it harmed the existing character of the Palm Grove Historic District. The Planning Department's analysis, as I see it, gives no respect, deference or importance to the fact that this property is an historic district. What more basic quality is there to preserve in a neighborhood's history than its underlining zoning? So in conclusion, the historic and present-day character of the area immediately surrounding the subject property is that of single-family homes, including a commercially -zoned property to the south; and preserving the zoning of the subject property will help preserve the character, which is why the historic district exists. And I thank you. Thanks. City of Miami Page 92 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Vice Chair Hardemon: Thank you very much, sir. Mr. Fernandez: Excuse me. Mr. Chair, may I ask Dr. George a couple of questions? Mr. George: Of course. Mr. Fernandez: First of all, Dr. George, are you a registered lobbyist on this matter? Mr. George: I'm not. I'm up here as a citizen. Mr. Fernandez: And your property address? Your res -- you reside where? Mr. George: 1345 Southwest 14 Street, Miami. Mr. Fernandez: So you reside nowhere near this area, do you? Mr. George: I don't. Mr. Fernandez: Okay. Isn't it true, doctor, that most of the single-family homes along Biscayne Boulevard within the MiMo District are, in fact, adaptive reuses today and incorporate oice and commercial use? Mr. George: Many have, and I've included it in this report. Yes. Mr. Fernandez: So, in fact, the single-family home to the south is really not relevant to this compatibility issue that you raise? Mr. George: Well -- Mr. Fernandez: Correct? Mr. George: -- we've converted the home. The homes have -- are standing; they've just been converted in other uses. Mr. Fernandez: I understand. Okay, thank you very much. Mr. George: Yeah. Thank you. Vice Chair Hardemon: You're welcome. You have two minutes, Mr. Cruz. Elvis Cruz: Thank you. Elvis Cruz, 631 Northeast 57th Street. Let me begin by saying page 2 of your packet is an opposition letter by Mary Ann Guilavogui. She's the neighbor to the immediate north of the subject property. Mr. Fernandez said that she was noncommittal and thought that she was not in opposition. She is very much in opposition to it, because this would greatly harm her quality of life. Now, Commissioner Hardemon, during first reading, the applicant or Planning Department mentioned that T5 property to the direct south 14 times as a justification for the up -zoning, but they omitted some critical facts. Now, if you look at page 10 of the handout, please, you'll see they did not mention the reason that property is zoned commercial, which is because it is in the first row of properties along Biscayne Boulevard. It fronts Biscayne. The first row is shown with black dots on the map. Second, they did not tell you that Biscayne Boulevard is not perpendicular to 59th Street; it is diagonal. So the usual rectilinear way of looking at abutting properties is misleading. Because of the diagonal slant of Biscayne, the zoning boundary of that first property south of 59th Street has to zigzag to the west. It's physically unavoidable. But the subject property is part of the second row of properties behind City of Miami Page93 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Biscayne Boulevard, and that is why it is zoned residential and should stay residential. All of the second row properties in this area of West Bayshore are residential, dotted in red on the map. That is the character of the area. And what is avoidable is putting commercial zoning on two sides of a single-family home. The current zoning has 59th Street as a 78-foot buffer between the commercial zone to the south and the residential zone of the second row of properties. The proposed up -zoning would completely eliminate that buffer and put commercial zoning physically touching the residential single-family zoning to the north, including the home of Mary Ann Guilavogui. And yet, 14 times, the attorney in the Planning Department had pointed out a first -row commercial property as a reason to do a domino effect up -zoning of a second row residential property. Commissioner Sarnoff raised a key point during deliberations at first reading. Quote, "Central to the analysis of the spot zoning question is whether the land is being treated unjustifiably different from similar surrounding land." The similar surrounding land consists of all the second -row residential properties behind Biscayne, not a first -row commercial property on Biscayne, which happens to stair a step inward because of the diagonal slant of the commercial corridor. Commissioner Hardemon, they're comparing apples to oranges. The south property fronts on Biscayne; the subject property does not. Therefore, using the T5 zoning of the south property as a reason to up -zone the subject property is inapplicable, inaccurate, and misleading. If we're -- to be fair, we must compare apples to apples and look at the second row property south of 59th Street, which we see is also zoned T3-L residential, not commercial. Vice Chair Hardemon: Mr. Cruz, may you come to a conclusion, please? Mr. Cruz: Oh. I believe Mr. Carmine Citro (phonetic), who is registered to speak, is going to yield his time to me. Is that acceptable? Vice Chair Hardemon: I'm not going to accept any yielding of time on this issue. So, you have two minutes, and he can have his two minutes also. Mr. Cruz: Okay, thank you. Mr. Fernandez: I have a question for Mr. Cruz. Mr. Cruz: Yes. Mr. Fernandez: Mr. Cruz, are you familiar with the property that is at the end of Northeast 5th Avenue where it meets 60th Street on this very same block? Mr. Cruz: Yes, I'm very familiar with that property. Mr. Fernandez: Do you realize that that property is, in fact, zoned T4-R? Mr. Cruz: Yes. And your point -- Mr. Fernandez: Do you realize that that property is on the second row of properties in from Biscayne Boulevard; it is not on Biscayne Boulevard? Mr. Cruz: Yes, I am completely -- Mr. Fernandez: So that's entirely contrary to what you've just testified to. Mr. Cruz: No, sir, it is not. What I said was that all of the second- row properties were zoned residential. That is zoned residential, T4-R, not T4-O commercial. All of them are -- Vice Chair Hardemon: All right (UNINTELLIGIBLE). City of Miami Page 94 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Mr. Cruz: -- (UNINTELLIGIBLE) residential -- Vice Chair Hardemon: One at a time Mr. Fernandez: They're not single-family residential. Vice Chair Hardemon: Counsel, I will interrupt. Additionally, on Northeast59th Street -- and maybe I'm reading this -- and I'll ask staff of this question. On the -- page 10 of that -- of the proposal that was given -- or the packet that was given by Mr. Cruz and his associates, page 10 has the diagram of the future land use proposed map on 59th Street, east of Biscayne Boulevard, that second property. There's a property on the corner of Biscayne and 59th, and then there's a property that is just inside of it that's also -- it looks to be restricted commercial. Is that considered to be in the same light as a property on the second line of properties or on that first line? Mr. Garcia: What I would you like to do, sir, is first verify that this information is correct. I happen to have the information handy on the City's website, so I will do that quickly. Mr. Fernandez: And while we're waiting for that, Commissioner, I just want to point out that the T4-R does not mean residential; it means restricted, so this is not a single-family zoning district. Thank you. Vice Chair Hardemon: Thank you, counsel. Mr. Cruz: That's incorrect, and I'm sure the Planning director can verdy that. Mr. Garcia: I have the information now, sir. Can I please ask you to repeat the question? Vice Chair Hardemon: I'm looking at 59th Street and Biscayne. There's a parcel that is directly on the corner that appears to be restricted commercial. Mr. Garcia: The parcel immediately to the south across 59th Street is -- has a land use category of restricted commercial; yes, sir. Vice Chair Hardemon: Fifty-ninth is going to be east of Biscayne Boulevard, 59th Street; where Biscayne meets 59th Street. Mr. Garcia: East -- Vice Chair Hardemon: And then the property that is just inside of it, just to the east of that one, do you see that parcel of land? Mr. Garcia: I do, yes; that, too; that property is also presently designated with a land use category of restricted commercial. Vice Chair Hardemon: Okay. Would that property, that second property be considered along the first -- like alongside the Biscayne Boulevard Corridor consistent with the argument -- well, would that be consistent with the argument that Mr. Cruz is making or inconsistent where that placement of the land is? Mr. Garcia: There appears to be an intervening lot of record between that parcel that you're alluding to and Biscayne Boulevard, but I would also like to emphasize, Commissioner Hardemon, that I don't find much merit to the argument set forth by Mr. Cruz in the first place, vis-a-vis first line or second line, and I'd like to expand on that if you see fit to allow me to do so at your convenience. City of Miami Page 95 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Vice Chair Hardemon: Please. Mr. Garcia: Is now the appropriate time? Vice Chair Hardemon: Sure. Mr. Garcia: Yes, sir. We have said from the very beginning that we believe the merit of this application is not necessarily one that sticks very clearly to the "apples and oranges" argument that you've heard. Zoning is often not black and white, and I took pains to explain that in the very first hearing where we considered this item. Zoning is a matter of shades of gray that transition from one to the other, so if I may, without necessarily meaning to be flippant, what I'd like to say is that between the apples that exist and the oranges that exist, we're trying to introduce, perhaps, pears to mediate between the one and the other. What we're trying to do here is not to take what is present in terms of the vocabulary of land use or zoning. We're trying to allow for this transitional property that straddles two different zoning designations, two d[ferent land use designations in two d[ferent historic districts, which is a great adversity in terms of achieving consistent and coherent development. We are attempting through a fairly complex land use and zoning procedure, admittedly, to obtain -- we're trying to obtain a coherent result. A coherent result would be to allow for this parcel of land to be developed in such a fashion that it fronts residential with residential, with similar massing and similar density; to front commercial with commercial along Biscayne Boulevard, with similar massing and similar intensity; and to allow for the overall development to benefit, and prevent the impact to the residential area by providing parking onsite, underground, not visible from the right-of-way, whether from residential or commercial areas; and also allowing the one and sole access point to the property to be from a commercial district, therefore impeding any undue traffic impact onto the residential area. That, we feel, is a desirable result, a compatible result, which, again, to sum it up, argues against any argument about spot zoning. It is transitional in nature, and therefore, by definition, not spot zoning and it is the best desirable result that can be achieved through this process. We believe that, based on all those circumstances, the recommendation should be for approval, which is what we've presented to you. Vice Chair Hardemon: Thank you very much. Was there another person that wanted to speak for the two minutes? I know that I had a few more hands. You're recognized, ma'am. Eileen Bottari: Good afternoon. My name is Eileen Bottari, 505 Northeast 76th Street, Miami, Florida. I'm a homeowner and resident of Historic Palm Grove for the past 32 years. I wanted to respond to some statements. First, I would like to remind the Commission that the Planning Advisory Board voted 7 to 1 to oppose this attempt to up -zone residential to commercial. Commissioner Suarez, you may want to pay attention, because you have a similar issue that just was also defeated at the Planning Advisory Board in your neighborhood. At the last meeting when we all spoke, Mr. Powers made a statement that the zoning TL [sic] was put in place in this area of the neighborhood was a mistake, and we all knew it would be a problem. That statement is totally false, and I want to respond to that. I worked with a group of homeowners, attending all of the Miami 21 meetings and workshops. I met personally with Ms. Ana Gelabert, who was the director of Planning; and also, Ms. Elizabeth Plater-Zyberk, who is the lead consultant and architect of Miami 21. We did a lot of research for my neighborhood, not only for this area, but all through the neighborhood because of the crazy zoning we had in our neighborhood. What we wanted the zoning to reflect what was actually there, and as you heard before, there is an apartment building next door to Ms. Jacobsen's house. How did that happen? Well, we did a research of that area from 58th Street all the way to 60th Street on Northeast 4th Court and Northeast 5th Avenue. We have a total of 40 single homes, four duplexes and four small apartment buildings, so the majority of the homes, buildings that are there, are single-family historic homes; that is why T3-L was put in place there, okay? So the T3-L is correct. I worked with both of the director and Ms. Zyberk to make sure that all throughout the neighborhood, zoning that reflected what was there in our neighborhood and protected the historic architecture City of Miami Page 96 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 was there. And we are opposed to this, because when you bring in this commercial encroachment into the neighborhood, you're destroying that quality of the neighborhood. That's what happened 30-plus years ago right in front of this Commission with other Commissioners. Somebody went before the Commission and said, "We want to up -zone so we can build an apartment building, " and that's why Ms. Jacobsen has this two-story, 16-unit small apartment building right next door to her, but yet, all around that apartment building -- north, south, east and west -- are historic single-family homes. That's what spot zoning does; it creates a cancer in the neighborhood. So we're trying to stop that, and we oppose this, and I hope that you will vote to deny this. Thank you. Vice Chair Hardemon: Two minutes. Kim Jacobsen: Yeah. Good afternoon. I am Dr. Kim Jacobsen, a property owner at 5900 Northeast 5th Avenue, literally directly across from the proposed furniture store; like there aren't enough of them on Biscayne Boulevard, but that's beside the point. The property being considered for up -zoning is right across, as I said, from my family's home that we've owned now -- this year will make it 60 years, which is truly significant. I was born on 62nd and Biscayne. There used to be a hospital, and I guess I could have crawled home, because it was only three blocks down and one block west, and I -- we lived there my whole entire life, and my dad -- rest in peace, he just passed away -- would be here fighting, as well, and the last 10 years of his life, he was blind, and he never, ever wanted to leave this neighborhood; he thought that much of it. Even the ups, the downs, drug dealers, we stayed and we would not give up. We love it, we'll do everything to protect it, and I'll get back really quick to my thing. At first reading, I heard the attorneys and Planning Department repeatedly say that the property to the south of the vacant lot is zoned T5 commercial, so they want to create a transition and buffer from that level of intensity by up -zoning the lot to the three-story commercial, but not once did they describe what is actually on that property, which is a house that fronts Biscayne Boulevard, which is actually diagonal to mine, because my house actually sits facing Biscayne Boulevard, and it's actually on three and a half lots, as you can see by the size of the property; much larger than the area that they're going to be requesting to put a furniture store on. It has been -- that place has been an office for many years, and I'm very familiar with it. It initially started as a -- once they took it over -- as a drug rehabilitation center; you know, "come and go" type of thing. It's had -- always had plenty of parking. It was normally only open during the daytime, et cetera, but, still, it was part and protected under the historic building with an additional -- although they did have the additional 35-foot height limit, that wasn't going to change. Commissioner Hardemon, what was especially strange during the first reading was that the applicant's attorney and the Planning Department only wanted you to look at the T5 zoning to the south, and ignore what is actually there and what has been there since 1941; talk about precedent. Yet for this proposed building, they want you to ignore all commercial zoning intrusions and only look at this particular building that's being proposed. The proposed building would eliminate that 78-foot buffer and put a commercial zoning right across the street from my family's home of 60 years; that I'm there every single day; as well as intruding on, as you heard, Mary Ann Guilavogui's house. Commissioner Hardemon, as the district Commissioner, please, please, please -- no, the area does not need a transition or a buffer from that property for all the reasons I've mentioned. Please note that Mr. Francisco Garcia said publicly, but not to the open meeting, but only when I asked him directly, "Once it's up -zoned, what happens if they're super successful and they leave?" He said to me privately, "It can then be used for anything." It can turn into a liquor store, a Burger King, it -- I could have anything across from me. It doesn't -- you know how it goes, once it's -- you can't un-ring the bell, so I'm going to be stuck with whatever happens. If they're super successful -- which it sounds like they got a great company, and I do wish them all the best. I just don't want it right across from my home. Vice Chair Hardemon: Thank you. Ms. Jacobsen: And I think you would kind of feel the same way. I appreciate all your time and City of Miami Page 97 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 -- anyway, I just hope that you'll take us into consideration, because we've been residents -- and not only have my family owned the property in 33137; I also work five blocks and two blocks over from that same area, so my entire life, I have watched it develop and grow. I know Eden Park; I know from when I could crawl, all the way up. And by the way, that apartment building they're talking about behind us, my dad kept trying to buy it. It's -- the guys name was T.I., by the way; nobody knows that -- was a single-family residential home, and my dad at the time, because he had five kids, was -- couldn't afford or felt he was stretching to spend $25, 000 to buy that property, and thus -- he had no idea that it was going to turn into an apartment building, because I know then he would have found a way, but be that -- be it as may [sic]. And just so you know, he also has tried previously -- I don't know how they ended up being able to purchase the property, but when he was working and alive, he multiple times wanted to -- so the same thing wouldn't happen, with us being then locate -- he tried to purchase that property -- Vice Chair Hardemon: Okay. Ms. Jacobsen: -- to no avail, but please take all that into consideration. Vice Chair Hardemon: Thank you very much. Ms. Jacobsen: Thank you. Vice Chair Hardemon: Mr. Garcia -- Mr. Fernandez: Mr. Chair, I'm sorry, I have a -- just brief questions, cross-examination, for the record -- Vice Chair Hardemon: All right. Mr. Fernandez: -- of Dr. Jacobsen. Yes, ifI may, Dr. Jacobsen, you grew up in the area. Ms. Jacobsen: All my life. Mr. Fernandez: As far as you know -- Ms. Jacobsen: Nineteen fifty-nine; I'll save my age. Mr. Fernandez: -- was the vacant lot immediately across the street to the east from your property ever developed with a single-family home? Ms. Jacobsen: As far as I know, it has always been a vacant lot. And my dad -- that's why once -- what happened when I was about nine to 10 years old, when T.I. passed away, which was a single-family home, and it then ended up becoming an apartment building. My dad tried multiple times, diligently, to reach out to the owner to purchase that land. Mr. Fernandez: I understand. Ms. Jacobsen: And it was basic -- Mr. Fernandez: But that is not -- Ms. Jacobsen: Okay, all I'm saying -- Mr. Fernandez: -- but the lot across the street -- Ms. Jacobsen: Right, yes. City of Miami Page 98 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Mr. Fernandez: -- has always been vacant and not single-family; and, in fact, hasn't it always been part and parcel of the commercial lot that faces Biscayne Boulevard? Ms. Jacobsen: I don't -- part and parcel. Mr. Fernandez: Well, it's always been either owned by the same property owner, and it's always been developed together; there's no fence that separates them. It's part of the same vacant property, that whole corner. Ms. Jacobsen: Right. I've just only seen a field. It was only about five years ago when they planted the -- Mr. Fernandez: I understand. Ms. Jacobsen: -- fichus hedges that are -- Mr. Fernandez: Thank you. Ms. Jacobsen: -- almost now trees. Mr. Fernandez: Thank you. Dr. Jacobsen, do you live on the property? Ms. Jacobsen: No, but my brother does, and Pm there every day. Mr. Fernandez: Thank you. Vice Chair Hardemon: Thank you very much. Mr. Garcia, did you have a response to -- you can have a seat. Ms. Jacobsen: Oh, I'm done? Vice Chair Hardemon: Yeah. -- the statement that was made that once this property is zoned differently, they can put anything on it; Burger King, a liquor store? Was that something that you stated? Mr. Garcia: There was a question raised at the last public meeting I attended at Legion Park as to whether the -- "Should" -- I believe your question was posed -- "Should the furniture display or showroom ever go out of business, what other businesses could go there?" And my response was, and is still, of course, that any other commercial use available along Biscayne Boulevard could replace the furniture showroom, should it go away. Again, that is what zoning regulations are for, and there is a full catalogue of commercial uses available fronting Biscayne Boulevard; that, of course, would not apply to the rear of the property, which, by covenant, is restricted to be developed as to residential units. Vice Chair Hardemon: You're recognized, sir. Carmine Citro: Good afternoon. Yeah, Carmine Citro, 2901 South Bayshore Drive. Mr. Fernandez argued that this property has never had a house built on it because it is not appropriate and too small. That's an attorneys contention; it's not correct. This residential lot has 7,859 square feet. The minimum for the single-family house is 5,000. The commercial lot on Biscayne has 8,910 square feet and the minimum commercial lot size is also 5,000 square feet. So the argument that the lots are too small to be developed is mathematically false. The real reason they've never been developed is revealed by a letter in the record by Mr. Michael Courtney -- it's page 11 of your packet -- where he states that his family owned the land for over City of Miami Page 99 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 40 years, during which time, they tried repeatedly but un -- but were unable to change the zoning of the residential neighborhood. The previous owners have -- could have built a house on the residential lot and a commercial building on the commercial lot, but for 40 years, they did not want to comply with existing zoning. Now, that is being argued as the reason to change the zoning. That's it. Thank you. Vice Chair Hardemon: Thank you very much, sir. Any other persons want to speak on items 5 and 6? Seeing no other person, I'm going to close the -- well. Bob Powers: Bob Powers, 565 Northeast 66th Street, Miami, Florida. And like we did in the last thing, the neighborhood association had seen this, vetted this a year ago. Mr. Cruz didn't like it and really wanted me to change my mind, and I just said, "It's not my mind that needs to be changed. Forty-two people in that neighborhood association voted to support that" -- "this project." And that's all I can say to that. I mean, we support the project, it's great. It's a great reuse for that whole area. It's going to enliven that entire corner. We don't have any issue with that. And to be very honest with you, if you live in a T3 and your back up to a T5, you have every right in the world to ask for an up -zoning to T4, and you can do that. You can do -- you're allowed to do that under the Code. I don't understand what this whole bark is about. I mean, you know, it's not like -- it's not an unusual request. The best thing about the whole thing from our perspective is that they're going to put parking underneath the building, and parking is such a major issue in that neighborhood right now. And the other thing is every time we went to meet with them and we had a difference of opinion, North Palm Grove, as well as Palm Grove, which represents the entire district. They met the request that the neighborhood associations asked of it, which was to put in the two living units. Now, that's covered by -- apparently, they're going to proffer a -- I forget what they call it. What do they -- a covenant -- that that's what that's going to be used for. So I'm sorry we offend some of these other people. I don't really know any of them, but I know -- and I will say that with Eileen -- because Commissioner Sarnoff knows this -- that we worked a lot on some of that, and we knew that were -- there were going to be problems later on with some of this, because we went from R3 to a T3, which was going to be a problem somewhere along the line, and a lot of that neighborhood ended up like that. There's whole areas where we have four -unit, five -unit, six -unit buildings, which fall under a T3 zoning, which is a non -- which is a -- doesn't work. I mean, you can't -- it's problematic. So eventually, that's going to be -- have to be addressed. So -- and, you know, she did work very hard on that. I know, because we worked together trying to accommodate Miami 21. And the Commissioner, Commissioner Sarnoff, I speak to him only because he was our Commissioner at that time, and it was a very, very -- it was tough. It was a tough thing, there's no two ways about that. But there are some problems in that neighborhood. We have 12- and 15-unit buildings that fall into T3 and T4 that don't belong in that. So thank you very much. Vice Chair Hardemon: Thank you very much. You're recognized, sir. Carlos Colon: Hi. I'm Dr. Carlos Colon. I live right there in 5945 Northeast 5th Avenue, and I own also three properties. There is six properties after the corner; the last three, I own. And since I move over there -- first of all, the first house that I bought was a crack house. The neighborhood was not the best at all. I have been involved in the community, and I'm very happy that at least somebody is trying to do something nice. It's better to have a nice property right there, whatever it is, instead of an empty lot where people threw garbage, and there's prostitutes and everything around. So I have other friends that live around, and they're very happy with the idea. So another consideration from some resident that live right there. Thank you. Vice Chair Hardemon: Thank you very much, sir. Any other persons for two minutes? You're recognized. Gonzalo Hernandez: Hi. My name is Gonzalo Hernandez, 470 Northeast 59th Street. Very first time I have the opportunity to come here since I'm usually at work at this time. I agree with the City of Miami Page 100 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 fact that that area is historical, and I had the chance to look at what is going to be built up over there. I do not see it, really, together; I don't see that is going to, you know, be a historical, you know, area any longer, and it's going to be part of the commercial building that is going to be put together out front on Biscayne Boulevard. Therefore, I do not agree with that, and I would, you know, think it would hurt the neighborhood. I think it's much better than what I expected. I remember back in the '90s, driving around and seeing the prostitutes that the gentleman is talking about. They're not around the way they were 20 years ago. Thank you. Vice Chair Hardemon: Thank you very much, sir. Any other persons? Seeing none, I'm going to close the public hearing at this time for items PZ.5 and PZ. 6. And staff, I'm -- and I guess this is to the Board. I remember this issue came up when we last discussed it. For the last two hearings, this was about spot zoning. If you remember the first time this came up, Mr. Cruz, I think, correctly pointed out something within our documents that basically showed that there was the issue with spot zoning. The Board listened to him. It was agreed by Administration that there was a mistake that was put within the -- or mischaracterization of -- if you will, in the analysis that was provided to us. They went back to take a look at that analysis again to look to see whether or not the spot zoning actually existed. And so then, the issue became, as I explained to Mr. Cruz and everyone who was against this, whether or not it was, in fact, spot zoning. It came down to a legal issue, because we had those who were against it, and those who were for it. It's been stated by Mr. Powers that the community association has been for it, and then there are people who are in the community association, those who are not, who are against it, like any other thing that happens in a democratic society. So for me, the issue became whether or not it's about the law. What does the law say regarding this and these properties? Is it, in fact, spot zoning? And so that's why the legal representations that were made with counsel, with all of the case law that was provided to us became extremely important, and that's why the dissenting opinion that was provided to this Board struck a nerve with me, because it was a representation that was made to this Board as if it was a majority opinion, as if it was something that we had to listen to, and in fact, the majority opinion was in our -- was rather in the -- Mr. Fernandez' favor and not the opposing counsel. So what I'm looking at is, till this day, the same issue: Is this about spot zoning? I know where the community is on this; some are for it and some are against it, and there's nothing that we can do that will change that. No matter what decision we make, someone's not going to be happy with it. But spot zoning as -- and I'm reading right now through Bird -Kendall Homeowners Association versus Metropolitan Dade County Board of County Commissioners, and this is a 1997 case out of the Third DCA (District Court of Appeal) -- I'm sorry -- the second Southern Second District Court of -- yeah, I'm sorry; Third DCA; 695 So. 2d 908. And it basically says spot zoning is well established, so -- no matter what no one says. Spot zoning is the name given to the piecemeal rezoning of small parcels of land to a greater density, leading to disharmony within the surrounding area. Spot zoning is usually thought of as a -- giving preferential treatment to one parcel at the expense of the zoning scheme as a whole. And so spot zoning creates a small island of property with restrictions on its use different from that of surrounding properties, solely for the benefit of a particular property owner, so the way that these properties are oriented as it pertains to the zoning. So, for instance, this letter that was provided to us by -- the packet of documents that were provided by those who oppose it, the email that was read to us from page 11 describes -- the email is actually from a Mr. Michael Courtney, and he wrote it to -- as it reads, the email address is dblouisarch@gmail.com <mailto: dblouisarch@gmail. com>. And in the letter, Mr. Louis explains that he -- his family's owned the property for more than 40 years, and they tried to develop the property more -- multiple times, but they were unsuccessful in getting the west lot rezoned; therefore, making any project not feasible. And so he continues on, saying that this property, if it remains zoned the way it is, it will be a vacant lot for the next 40 years. And so here is -- this is an attempt in which to develop these properties. It's obvious that that lot needs to be up -zoned in order for there to be some harmony between the Biscayne Boulevard and the other properties that are just adjacent to Biscayne Boulevard and to that underground parking -- this underground parking structure. So the way that I see it, Members of the Board, this is doing some positive things for a community that needs parking for its commercial places, where you're providing the parking City of Miami Page 101 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 underground. The way that I see it, it is not spot zoning, because the change in zoning, the transition is actually -- leads to greater harmony than what it is currently if you up -zone one and do not down -zone the other; or down -zone one and do not up -zone the other. I can't remember how it's put. But -- so what I'm asking the Board Members to do is to support the passage of PZ.5 the way that we did at our last meeting, because there are no facts that have changed, and I think that the law is still the same, and no one has said anything different from that that should lead us to change our opinion on that. Commissioner Suarez: Okay. Vice Chair Hardemon: So I know I have the gavel at this point, so what I would ask is someone to move to pass PZ.5 in the spirit in which -- that I requested. Commissioner Suarez: Move it for discussion. Vice Chair Hardemon: And I'll second it. Commissioner Suarez: Can you? Can you second? Can you second? Vice Chair Hardemon: I can second it as the Chairman? Mr. Hannon: Yes, sir. Vice Chair Hardemon: I can do a lot of things but -- Mr. Hannon: The person calling the question can't be the maker of the motion. Commissioner Suarez: Got it. Vice Chair Hardemon: You're recognized. Commissioner Suarez: Thank you. Okay, couple things. One is I wanted to just address Ms. Bottari's comment, which I think she means at the -- not the last PZ meeting, but the meeting before that, there was a -- because we just checked. At the last P&Zmeeting, there wasn't any items in my district, and the one before that, there was two, which happen to be on this agenda for second reading. We've already taken them up for first reading, which are the only items on the agenda that are in my district. And, in fact, in that item, the Planning & Zoning Board, along with the Planning & Zoning Department, recommended approval. In that case, they recommended approval of a similar situation by a vote of 10 to nothing, and that's very similar; abut, you know, transitional zone here from a high density commercial corridor on 32ndAvenue to basically a duplex residential. Ms. Bottari: That wasn't what I was talking about. It was -- Vice Chair Hardemon: Ma'am -- Ms. Bottari: -- 2240 Southwest 13th Avenue. Commissioner Suarez: Is that -- was that at the last P&Z meeting? Because I don't -- it wasn't in what the Planning director just showed me. Ms. Bottari: Well, I -- Commissioner Suarez: Maybe it's common. City of Miami Page 102 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Ms. Bottari: -- received an email from Beba Mann, and she said that it was -- it -- that the Planning Advisory Board denied it, denied the up -zoning -- Commissioner Suarez: Okay. Ms. Bottari: -- from residential to commercial. They're trying to build a parking garage. Commissioner Suarez: Okay. We'll definitely keep an eye out for that, but I'm not -- can you -- you're not aware of that, either? Okay. We'll keep an eye out for it. So I appreciate the heads up. I thought you were talking about that. This actual other example is kind of similar to this one. Look, I think we have an issue that is somewhat complicated, which is that we see corridors now that are becoming very busy corridors, like Biscayne Boulevard, U.S.1, Coral Way, where -- 37th Avenue, 32nd Avenue, 27th Avenue -- where there are some limited areas where, for some reason, there are single-family residential homes that abut those very, very busy corridors, and then behind those, there's a single-family residential neighborhood. And so that's -- I think the fear is -- and I think Elvis has expressed it on multiple occasions -- is the encroachment fear; in other words, the slippery slope, if you will, you know, that if you touch that border, you're somehow -- that's somehow going to have some sort of a spillover effect, and that's a little complicated, because I think the vision behind Miami 21 was for there to be some sort of transition; in other words, for there to be, you know, some logical flow between the main traffic corridor and the single-family residential neighborhood. And so I think we're still struggling -- I could tell you I'm struggling. And there have been circumstances where we have -- one of them that didn't even make the Commission, which was denied at Planning & Zoning, as you mentioned which was in Coral Gate, on 37th Avenue, and that's a tricky situation, because you have one, two -- about five homes that are on 37th Avenue, and you have some that are on 32nd Avenue, but the fact of the matter is that around it and in front of it is all large-scale commercial. So, you know, the neighborhood is rightfully afraid that any sort of commercial development on those lots would mean some sort of an intrusive development going further into the neighborhood. So I think -- you know, I understand that that's the perspective and that's the fear. At the same time, when you look at lots like this that have stayed vacant for 40 years, and what is being proposed seems to be fairly small in size, you know, and district Commissioner clearly is in favor of it, it's a tough situation. And the homeowners association, if homeowner association was against it, like in the case of the one that I'm talking about in Coral Gate, that might be a different story, but the homeowners association, by and through its president, is expressing support of it, and there's more letters of support than actually letters against it. I think I have some ideas in the future that I have talked about with the Planning & Zoning director on how to deal with this issue to try to see if we can plan for it better, deal with it better, give more consistency to the -- both the neighborhood community and also the business community, because I think what was -- Miami 21 was supposed to do is give certainty, both -- for both sides; for both the residents and for the commercial builders. They were supposed to know, "If you buy this property, this is what we can do." And I think in some of these cases, we're seeing that there's some inconsistency and incongruities that are not really giving people that comfort. So, you know, I just wanted to put those thoughts on the record. I'll be talking about it with the Planning & Zoning director going forward and seeing if we can come up with something. Another good example, Ms. Bottari, just to kind of -- and Elvis -- in other words, just to kind of just continue discussion a bit longer, we've routinely denied, for example, daycares in residential areas, and we did one in, I think, Commissioner Carollo's district, we did one in mine and so -- Vice Chair Hardemon: Did one in mine, also. Commissioner Suarez: In yours, as well, right. So, you know, one of the things I said at that time was, "Look, let's just get" -- "take that out." I mean, there's no point in letting the business community or a commercial person believe that they can buy a home and somehow convert it into a -- to that kind of a use. Let's just do away with that rather than have to deal with the pain City of Miami Page 103 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 and suffering of having to have a hearing like this, and get the neighbors all riled up, and have someone feel that they bought it on a false pretense, if you will. Let's just be clear about what our policy decision is. So I think we have some work to do there. We are listening, we are paying attention, and I appreciate your concerns. Thank you. Vice Chair Hardemon: Mr. Chairman, you're recognized. Chair Gort: Yes. Let me ask a question. My understanding is the lot on Biscayne Boulevard can be built into commercial. Mr. Garcia: Presently, yes. Chair Gort: Presently. It could be, like you stated before, Burger King; it could be anything, right? Mr. Garcia: There was no change being proposed to that. Chair Gort: That's the use, okay. Now, my understanding is they'll set up a Burger King in there, they'll have parking, but then people will be parking all over it. Mr. Garcia: They would presumably have a surface parking lot. Chair Gort: They will have a surface parking lot, but they'll also be -- okay. Let me give you one example that was in front of the City over 20 years ago. At the corner of Northwest 22nd Avenue and Dixie Highway; to be specific, it's the southwest corner. The bank bought that lot, and the bank wanted to build a drive -up, but in order to build a drive -up, they had to make some changes. The neighborhood came against it, and the drive -up did not take place. The bank sold it. Today we have in there a four-story building right in that same corner. Now, my understanding is the proposal in this -- Commissioner Suarez: It's ugly too. Chair Gort: -- is to do the commercial and the residential side to be parking, and there will have to be a covenant, and they will have to come to you, and they have to be approved, and it's got to have all the -- secures that's going to happen. At the same time, my understanding, the back of that building, that part is going to be residential. Am I correct? Mr. Garcia: Yes, sir. Chair Gort: Okay, thank you. Commissioner Sarnoff Mr. Chair. Vice Chair Hardemon: You're recognized, sir. Commissioner Sarnoff You know, zoning codes, whether it's 11000, or more particularly, 21, work really, really well when you have squares and when you have rectangles. They sort of start falling apart when you get to triangles, especially when you get to isosceles triangles, because there's no code in the world that can compute that very narrow triangular section. So I got to tell you what I find compelling about this case. I don't care what we build and how we build it, the use we bring into a residential neighborhood and the commercialization of it and where we park the cars is really what the pressure is on the community. So when someone goes to the design of putting the parking below grade -- below ground, that's a compelling argument that the most significant impact to that neighborhood is being diminished; coupled with the fact that that neighborhood is getting to the ajutting [sic] neighbor a residential unit, you know. So what City of Miami Page 104 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 we're seeing in the City of Miami are usually what call the fringe elements, the triangles. The triangles are always the most difficult thing to get any kind of use out of that property, but I think the Zoning Code works well when we deal with rectangles and squares. When we come off the rectangle and square, that's what we call the edges, and the edges are supposed to be transitional. So what I find compelling about this project is, as Commissioner -- sorry -- the Chair said, you know, the parking's going to go underground. If we just -- if they just develop the commercial core, the parking would go back to the community, because that's where people are going to park. So in a strange way, if you got what you wanted, I think you'd put more pressure on the community than if you didn't get what you wanted. So I'm going to support -- if the district Commissioner is going to support it, I'm going to support that. Vice Chair Hardemon: Any further comments? Commissioner Carollo: Yeah, Mr. Chairman. Vice Chair Hardemon: You're recognized, sir. Commissioner Carollo: Thank you, Mr. Chairman. I must admit that I feel that both sides made some strong arguments, definitely from, you know, Dr. Paul George and the ladies that spoke, and I'm really -- I'm torn on this. I could go either way, but will support the district Commissioner on this matter. Vice Chair Hardemon: If there aren't any more questions or is there no -- it's no further discussion, I'd like to ask the City Attorney to go ahead and read the record. Victoria Mendez (City Attorney): And just to confirm that the public hearings we've had have been for both items; for PZ.5 and 6. Vice Chair Hardemon: Five and 6, that's correct. Ms. Mendez: Thank you. 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 second reading, 5-0. PZ.6 ORDINANCE 14-00727zc Second Reading 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 LOCATEDATAPPROXIMATELY 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. City of Miami Page 105 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 14-00727zc-Submittal-Ben Fernandez -Letters of Support.pdf 14-00727zc SR Fact Sheet.pdf 14-00727zcAnalysis, 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 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial for the zoning classification change from "T5-L" to "T4-O" for the property located at approximately 5900 Biscayne Boulevard. Recommended approval with conditions for the zoning classification change from "T3-L" to "T4-O" for the property located at approximately 5907 Northeast 5th Avenue, Miami, Florida. See companion File ID 14-007271u. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on November 19, 2014 by a 7-1 vote. See companion File ID 14-007271u. PURPOSE: This will change the zoning classification from "T5-L" to "T4-O" for the property located at approximately 5900 Biscayne Boulevard, Miami, Florida and from "T3-L" to "T4-O" for the property located at approximately 5907 Northeast 5th Avenue, Miami, Florida. Item includes a covenant. Motion by Commissioner 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 13524 Vice Chair Hardemon: Item PZ.6, is there a motion? Commissioner Suarez: So move. Chair Gort: Second. Commissioner Carollo: Second. Vice Chair Hardemon: It's been properly moved and seconded. And that includes the covenant, correct? Victoria Mendez (City Attorney): That's what I wanted to confirm. Mr. Fernandez, do you voluntarily proffer the covenant with regards to this? Ben Fernandez: Yes. City of Miami Page 106 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Ms. Mendez: And are you also adding in there -- which I don't think it has, but it was mentioned -- the 35-foot -- Mr. Fernandez: Yes. Ms. Mendez: Okay. Mr. Fernandez: Correction. Ms. Mendez: So we can add that. Mr. Fernandez: Absolutely. Ms. Mendez: Okay. The Ordinance was read by title into the public record by the City Attorney. Mr. Fernandez: Ms. City Attorney, may I just clarify for the record, the 35-foot height limitation is to the top of slab. There are certain elements, elevators, et cetera, that are, by right, under the Code, entitled to exceed that for functional purposes. I just want to make clear that the 35-foot height limitation is to the top of slab. Dean Lewis: Roof deck. Mr. Fernandez: Roof deck. I'm sorry. Ms. Mendez: Okay, thank you. Mr. Fernandez: Thank you. Todd B. Hannon (City Clerk): Roll call on item PZ 6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 5-0. PZ.7 ORDINANCE 15-00089Iu First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1725 AND 1729 NORTHWEST 18TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 107 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 15-000891u SR Fact Sheet.pdf 15-00089Iu Analysis, Maps & Reso.pdf 15-000891u Application & Supporting Docs.pdf 15-000891u Legislation (v2).pdf 15-000891u Exhibit.pdf LOCATION: Approximately 1725 and 1729 NW 18th Street [Commissioner Wifredo "Willy" Gort - District 1] APPLICANT(S): Iris Escarra, Esquire, on behalf of Abreu Development, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID: 15-00089zc. 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 properties from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Commissioner Carollo, seconded by Commissioner Suarez, 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: Mr. Clerk, what time is it? Todd B. Hannon (City Clerk): Chair, it is 6:01. Chair Gort: We're supposed to come back? Mr. Hannon: Six p.m. Chair Gort: Okeydoke. Thank you. I need two more. Okay, we have quorum, so PZ 7 and PZ 8, we're going to hear both public hearings. Francisco Garcia (Director, Office of Planning & Zoning): Yes, sir. Thank you. Items PZ.7 and PZ8 are companion items. They are respectively the land use change and rezoning of properties at 1725 and 1729 Northwest 18th Street. The proposal in terms of the land use change is to go from duplex residential to low density restricted commercial; and on the zoning side, to go from T3-O, which is the present zoning designation, to go to T4-L, which allows three stories and 36 units per acre, and allows for a limited commercial component. There is a covenant proffered by the applicant with item PZ8. Our recommendation was originally for denial; although the covenant addresses many of the reservations that we originally had. The Planning, Zoning & Appeals Board recommended approval with conditions for both the land use change and the zoning change by separate votes of 10 to zero. We're happy to answer any questions, and defer to the applicants. Chair Gort: Yes, sir. Carlos Lago: Good evening, Commissioners. Carlos Lago and Iris Escarra, with offices at 333 Southeast 2nd Avenue. We're joined today by Isabel Abreu, the property owner and applicant. As Mr. -- as the director correctly noted, this is application for a rezoning from T3-O to T4-L and land use amendment from duplex residential to low density restricted commercial to allow solely an accessory surface parking lot to support a proposed retail store at the adjacent property, City of Miami Page 108 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 zoned T6-8, fronting Northwest 17th Avenue. The applicant proposes the unified development of the property for a retail establishment. At the rear, the applicant proposes a surface parking lot with access to Northwest 18th Terrace and Northwest 18th Street, with 24 parking spaces. The application received unanimous approval from the City's Planning, Zoning & Appeals Board. The proposed rezoning extends the existing T4 transect zone located across Northwest 18th Terrace -- the existing T4 transect across Northwest 18th Terrace to the property. Okay, this creates the appropriate transition as intended by Miami 21 between the T6-8 property and the T-3 properties. So you have T4 lined up here and T6-8 fronting Northwest 17th Avenue. This is very similar to Zoning Ordinance 11000, the SD-12 overlay, which permitted parking in the rear, surface parking to support commercial. We've seen this changes, very similar changes to allow this configuration, for example, in Little Havana and on Coral Way. The proposed changes in the development are consistent with the existing uses and development in the surrounding area. Located to the north -- I mean, sorry -- located adjacent to the property -- Chair Gort: Wait. Let me -- hold it a minute. Can we ask the cameras to -- because there's some people here from the neighborhood. I'd like for them to see, to be able to see the map. Good. Mr. Lago: Located adjacent to the property, you have a used car, used tire retailer and a grocery store. Across Northwest 18th Terrace, you have a cafeteria, which has a similar surface parking facility, which is located to the rear. To the south of the property across Northwest 18th Street, you have a tire retail, also within a -- with a similar parking facility, surface parking facility. Along -- across Northwest 17th Avenue, you have similar commercial establishments with similar configurations. You also have various multi family structures, which are only permitted in T4. Located to the rear of the property, you have a single-family home. Today, we have the adjacent property owner, who is joining us. She spoke in support of -- she will be speaking here tonight, as well. She spoke in support of the application at the PZAB (Planning & Zoning Advisory Board) hearing, and she also spoke to the condition of the existing property, which is currently in a state of disrepair. At the PZAB hearing, the applicant proffered a restrictive covenant on the property as follows: Restricting the use and development of the property to accessory surface parking in perpetuity, which restricts any structures or buildings to be developed on the property; the construction of an eight foot CBS (Concrete Block Structure) wall separating the subject property from the adjacent single-family home with -- which includes landscaping and the insulation of landscaping buffers, street screens, locking gates and lighting at the property to mitigate any potential impacts. The proposed rezoning and land use amendments create the appropriate transition pursuant to the intent of Miami 21. The development and changes are consistent and within context with the existing uses and developments that surround the area, and the covenant provides the safeguards required to mitigate any potential adverse impacts to the property. Thank you, Commissioner. This concludes my presentation. I would like to reserve two minutes for a rebuttal, and I'm here to answer any questions that you may have. Chair Gort: Sure. Anyone in the public would like to address this issue? Mr. Hannon: Excuse me, Chair, ifI may. Chair Gort: Wait a minute. We have to swear him in. We had a lot of new people here. Mr. Clerk, go ahead. Mr. Hannon: Yes, sir. Since I first administered the oath, we have a lot of new people here in the chamber, so anyone who has not taken the oath and will be speaking on any of today's Planning & Zoning items, ifI can have you please stand and raise your right hand; anyone speaking on any of the remaining Planning & Zoning items. Okay. The City Clerk administered oath required under City Code Section 62-1 to those persons giving City of Miami Page 109 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Gort: Thank you. You can use this mike over here. You can use this mike. Addy Vidaurrazaga: Like I stated at the last meeting -- Chair Gort: Name and address for the record, please. Ms. Vidaurrazaga: Oh, I'm sorry. My name is Addy Vidaurrazaga. My husband and myself are the owners of the little house that's right adjacent to where they're going to put the parking lot. What they mentioned was precisely what we had agreed at the last Commission meeting; was the eight foot wall; landscaping on both sides of the wall, and they were going to put a gate. And as long as it stays as a parking lot, we're fine with it. It's much better than the situation we have now. And I've been passing by the property, thinking that they had already leveled everything, and it still looks like a dump. So I think it will be an asset to the area. Chair Gort: Thank you, ma'am. Next. Yes, ma'am. Blanca Aldana (as translated by Maribel Alonso, Official Spanish Interpreter): I don't agree -- Chair Gort: Name and address, por favor. Barnaby Min (Deputy City Attorney): We do have an interpreter, Mr. Chair. Chair Gort: So she needs an interpreter? Unidentified Speaker: You have an interpreter? Commissioner Suarez: Yeah, we do. Chair Gort: We have an interpreter. Note for the Record: Comments made in Spanish not translated. Chair Gort: You mind saying name and address? Ms. Aldana (as translated by Maribel Alonso, Official Spanish Interpreter): Blanca Aldana -- Chair Gort: Put the mike in front of her, please. Ms. Aldana (as translated by Maribel Alonso, Official Spanish Interpreter): -- 1724 Northwest 18th Street, and the zip code is 33125. I don't agree because I have fear that that parking lot is going to be something dangerous for the neighborhood, because there are many criminals in that block, in that area, so I want to know if it's going to be safe, and if they're going to do it, to make sure that it's something that benefits the neighbors. Okay, and that would be all. Thank you, thank you; very kind of you. Chair Gort: Thank you. Gracias. Is anyone else in the public? Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. I want to thank the Planning Department. You guys did an absolutely wonderful job in your zoning -- in your land use analysis and your zoning change analysis on this. I think it's wonderful that this neighborhood, which -- this land, which is only zoned duplex and only wanted to go to T4-L was recommended for denial. Can City of Miami Page 110 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 you imagine if it had been single family and they wanted to go to T4-O? That would have been so much more egregious, and yet, you didn't go for that; that's wonderful. Also, they only want to build a parking lot; they don't want to put up a three-story building. And yet, you still recommended denial. Good for you; you did a fantastic job on that. Also, you mentioned -- and you did a great job here in the land use analysis, so I'm not going to mention everything, but just one. H0118 states that through land development regulations, the City will protect and enhance existing viable neighborhoods in those areas suitable for housing. And the staff finding is the subject properties in the surrounding area is a well -established residential neighborhood. Well, I'm so glad to see the Planning Department protecting a residential neighborhood, and I can only hope that the neighborhoods near my house were also suitable for protection. Lastly, I want to mention your zoning change analysis where you write: "The proposed rezoning to T4-L can function as spot zoning by introducing commercial uses within the residential zoned area, and may set a precedent that could result in a domino effect of up -zoning to the west, changing the character of the residential zoned neighborhood. Excellent job, Planning Department, absolutely fantastic, recognizing the existence of spot zoning, and changing one lot in a residential neighborhood behind commercial is spot zoning. Thank you so much for doing that, and keep up the good work protecting our neighborhoods. Chair Gort: Thank you, sir. Anyone else in the public? Seeing none, hearing none, we close the public hearing; they're both for 7 and 8. Yes, ma'am, you got a few minutes for rebuttal. Iris Escarra: IfI could just take two minutes of your time, we wanted to address one of the concerns that the neighbor had. She did raise that at Planning, Zoning & Appeals Board, because originally, the parking lot was open. We did agree to put in a fence in order to secure the area at night so that there would be no access as a result of her concern that she raised at Planning & Zoning & Appeals Board. So if I could say that in Spanish so that she could understand, if you indulge me for 30 seconds? Chair Gort: That's all right; we'll explain it to her later. Ms. Escarra: Okay. And -- Chair Gort: You'll get a chance to explain it to her personally. Ms. Escarra: I'll explain it to her personally. Trying to make sure -- Chair Gort: Yes. You guys can go make some presentation in the neighborhood. Ms. Escarra: Correct. Chair Gort: Okay. Ms. Escarra: As well as the fact that we had -- in our covenant, it requires the gate to be put into the property as part of the redevelopment of the site. And in regards to some of the comments raised by Mr. Cruz, I just wanted to point out that the property all here is already T4, so this extension here correlates with the extension and the transect zone that's to the north of us. So with regards to that transition, it's going from 12 stories to three stories to two stories, so it really creates that effect of a transition, which I think was one of the intents in Miami 21. Chair Gort: Okay. Let me ask a couple of question. The ingress/egress, where's it going to take place? Is it going to take in the --? Mr. Lago: Both fronts, Northwest 18th Terrace and Northwest 18th Street are secondary frontages, so Miami 21 requires that your access to the property be through your secondary frontages. So you -- both access is going to be through Northwest 18th Street. It's going to have City of Miami Page 111 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 a locking gate and a street screen, as per Article 9 of Miami 21, and the same as in Northwest 18th Terrace. Chair Gort: Let me ask you, the covenant that they put it in, what is it they're committed to do? Mr. Garcia: I'm sorry. The covenant does a number of things. The covenant requires that a CBS wall be built, separating the surface parking lot from the residential property immediately to the west. It limits the height of that wall to eight feet. It additionally introduces some landscaping, as pursuant to Miami 21; and perhaps most importantly, it limits the use of that particular plot of land to a surface parking lot to function as an accessory use to the commercial property fronting 17th Avenue. Chair Gort: Let me tell you what the problem's been in that area with a lot of those parking lots. They be open and a lot of criminal activity takes place after people close up their shops and so on, and I'm sure the residents, that's what they're worried about. They want to make sure that if you have a parking lot and you're going to use it as a parking lot, that's going to be secure and you're not going to have any criminal activities taking place. So they also have landscaping have to be approved by the Planning Department? Mr. Garcia: That is correct, sir. Chair Gort: Okay. And we get an opportunity to see it. What I would like to -- someone make a motion. This will be the first reading. I would like for you all to go in the neighborhood, make sure you get in contact with these individuals and the other individuals that have called my office, but they're not here tonight. You sit down with them, and you explain. I personally believe -- I know the area very well. I live close to the area for the last 52 years, so I know the area. I think that's going to be an improvement to that lot. That lot has been a problem through all those years. But I want you to go to the neighborhood and you talk to the neighbors and let them know what you're doing, and see if they require anything else. And I'll be talking to them, also. Okay? Commissioner Carollo: Move it. Commissioner Suarez: Second. Discussion. Chair Gort: Moved by Commissioner Carollo; second by Commissioner Suarez. Discussion. Commissioner Suarez: Very briefly, I just want to thank her for coming and for her constructive -- the constructive approach that she took to the problem. I mean, I think at the end of the day, what you realize is that if you're a member of the community, and you speak constructively, and you have a solution, and you want to get, you know, your neighborhood to look better that this is a good opportunity for that to happen. So I really commend you for that. You should be commended. Thank you. Chair Gort: Any further discussion? First reading. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ.7. Commissioner Sarnoff. Commissioner Sarnoff Yes. Mr. Hannon: Vice Chair Hardemon. Vice Chair Hardemon: For. City of Miami Page 112 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Mr. Hannon: Commissioner Suarez. Commissioner Suarez: Yes. Mr. Hannon: Commissioner Carollo. Commissioner Carollo: Yes. Mr. Hannon: Chair Gort. Chair Gort: Before I vote, I want to make sure you get the young lady's address and so on, and she's willing to put her address to have a meeting, you should have a meeting with the people in that community and talk about it. Explain what you're doing and how you're going to secure the parking lot. Yes. Mr. Hannon: The ordinance passes on first reading, 5-0. Mr. Lago: Thank you very much. Chair Gort: Okeydoke. PZ.8 ORDINANCE 15-00089zc 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-L "GENERAL URBAN TRANSECT ZONE LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1725 AND 1729 NORTHWEST 18TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00089zc SR Fact Sheet.pdf 15-00089zcAnalysis, Maps & PZAB Reso.pdf 15-00089zc Application & Supporting Docs.pdf 15-00089zc Legislation (v2).pdf 15-00089zc Exhibit.pdf LOCATION: Approximately 1725 and 1729 NW 18th Street [Commissioner Wifredo "Willy" Gort - District 1] APPLICANT(S): Iris Escarra, Esquire, on behalf ofAbreu Development, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. Item includes a covenant. See companion File ID 15-000891u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with conditions, on March 18, 2015 by a 10-0 vote. PURPOSE: This will allow a zoning designation change for the above properties from T3-O to T4-L. City of Miami Page 113 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Motion by Vice Chair Hardemon, 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 Note for the Record: Please see Item PZ.7 for minutes referencing Item PZ.8. Barnaby Min (Deputy City Attorney): PZ.8. Chair Gort: Thank you all. Mr. Min: PZ.8, the companion item, which I believe the public hearing was for both? Todd B. Hannon (City Clerk): Yes. I need motion on PZ.8. Chair Gort: PZ 8. Vice Chair Hardemon: So moved. Chair Gort: Moved by Vice Chairman Hardemon. Commissioner Carollo: Second. Commissioner Suarez: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ.8. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. PZ.9 ORDINANCE First Reading 15-00065Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2990 SOUTHWEST 36TH COURT, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 114 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 15-000651u SR Fact Sheet.pdf 15-00065Iu Analysis, Maps & PZAB Reso.pdf 15-000651u Application & Supporting Docs.pdf 15-000651u Legislation (v2).pdf 15-000651u Exhibit.pdf LOCATION: Approximately 2990 SW 36th Court [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Deel Realty, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-00065zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 15, 2015, by a 7-0 vote. PURPOSE: This will change the above land use designation for the property from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Chair Gort: PZ 9. Francisco Garcia (Director, Office of Planning & Zoning): Thankyou, sir. Items PZ.9 and PZ.10 are companion items. They are the land use and zoning change applications, respectively, for a property at 2990 Southwest 36th Court. The proposed changes are from duplex residential to low density restricted commercial on the land use side; and from T3-O to T4-L on the zoning side. This proposal has been reviewed and recommended for approval by the Planning & Zoning Department, as well as both proposals, the land use change and the zoning change have been recommended for approval by the Planning, Zoning & Appeals Board by a vote of 7 to nothing. The proposal includes a covenant. We recommend approval and we're happy to answer any questions you may have. I yield to the applicant. Gilberto Pastoriza: Mr. Chairman, Gilberto Pastoriza, 2665 Southwest -- no -- Court -- I'm sorry. 2525 Ponce de Leon; got my addresses confused. We got recommendations from the departments. We have met with the neighbors. We wrote a covenant that satisfied the neighbors, and I'm here to answer any questions you may have with regards to this item. Chair Gort: Thankyou, sir. It's a public hearing. Is anyone in the public would like to address this issue? PZ.9, PZ.10; anyone in the public? Seeing none, hearing none, close the public hearing. Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Hearing none. It's a -- City of Miami Page 115 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Victoria Mendez (City Attorney): PZ9. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.9. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. PZ.10 ORDINANCE 15-00065zc 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-L "URBAN CENTER TRANSECT ZONE LIMITED", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2990 SOUTHWEST 36TH COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00065zc SR Fact Sheet.pdf 15-00065zc Analysis, Maps & PZAB Reso.pdf 15-00065zc Application & Supporting Docs.pdf 15-00065zc Legislation (v2).pdf 15-00065zc Exhibit.pdf LOCATION: Approximately 2990 SW 36th Court [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Deel Realty, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. Item includes a covenant. See companion File ID 15-000651u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 15, 2015, by a 7-0 vote. PURPOSE: This will allow a zoning classification change for the above property from T3-O to T4-L. Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Victoria Mendez (City Attorney): PZ.10? Chair Gort: Yes. Ms. Mendez: An ordinance of the Miami City Commission, with attachments, amending the Zoning Atlas -- City of Miami Page 116 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Todd B. Hannon (City Clerk): I'm sorry, Chair; I do need a motion before we read the title. Vice Chair Hardemon: Second. Chair Gort: Okay. It's been moved by Commissioner Sarnofj second, Vice Chairman Hardemon. Mr. Hannon: My apologies. Chair Gort: No; you keep us straight. Commissioner Sarnoff Never be sorry; always be right. Chair Gort: Yeah. Ms. Mendez: Ready? Chair Gort: Yes, ma'am. Go ahead. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.10. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. Gilberto Pastoriza: Thank you. Chair Gort: Thank you. PZ.11 ORDINANCE 14-00729Iu First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORI DA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE 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. City of Miami Page 117 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 14-007291u FR Fact Sheet.pdf 14-00729Iu Analysis, Maps & PZAB Reso.pdf 14-007291u Application & Supporting Docs.pdf 14-007291u-Submittal-Commissioner Sarnoff-Green Gateway to the Grove Vizcaya Neighborhood. 14-007291u-Submittal-Grace Solares-Petitions Opposing Zoning Change.pdf 14-007291u-Submittal-Southeastern Investment Group CEN Development-2900 South Miami Aven 14-007291u-Submittal-Southeastern Investment Group CEN Development -Summary of Covenant f 14-007291u-Submittal-Zemirarizo Padron and Liz Galvo-Aerial Maps and Traffic Pctures.pdf 14-007291u-Submittal-Reinaldo Borges -Proposed Townhouse Development.pdf 14-007291u-Video Presentation -Bob Lui-Proposed Townhouse Development.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 approval. See companion File ID 14-00729zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 6, 2015, by a vote of 6-1. 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 Carollo, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: PZ 11 and 12. Francisco Garcia (Director, Office of Planning & Zoning): Thank you, sir. Items PZ 11 and PZ.12 are companion items. They are, respectively, the land use change and rezoning for properties at 2900 South Miami Avenue; 2890, 2900, 2920, 2940 and 2960 South Federal Highway. This is before you on first reading as an ordinance seeking the land use change of these parcels from single-family residential to low density multi family residential; and in the zoning category, it would go from T3-R, which is the present zoning designation, with an NCD-3 overlay to T4-R, also with an NCD-3 overlay. The proposal includes a covenant as part of the rezoning item, and I will say by way of brief introduction and very quickly defer to the applicant, who is, I'm sure, prepared to make a more in-depth presentation, that upon remanding to the Planning, Zoning & Appeals Board by the City Commission for further consideration of the proposed covenant, the Planning, Zoning & Appeals Board, which had originally recommended denial, recommended approval by a vote of 6 to 1. Your Planning & Zoning Department respectfully also recommends approval, and we think that the covenant, which includes, as did a previous item, a fairly specific design proposal for the site is worthy of your consideration, given the meritorious site planning that is included therein. I'll defer to the applicants, and I'm certainly happy to stay and answer any questions. Lucia Dougherty: Good evening, Mr. -- City of Miami Page 118 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Commissioner Sarnoff Mr. Chair, I think -- Chair Gort: Yes. Commissioner Sarnoff -- before they proceed, I'm required to make a Jennings disclosure. Chair Gort: Yes. Commissioner Sarnoff Per the applicable provisions of Miami 21 and Florida law, I, a City of Miami Commissioner for the district in which these properties are found, am disclosing that I met on or about May 19, 2015, with Elizabeth F. Calvo, Attorney -at -Law, 328 Crandon Boulevard; Zemirarizo Padron, address not given to me, who was neighbors in the area involved in this quasi-judicial hearing concerningPZ's (Planning & Zoning) 11, 12, scheduled to be heard today, consistent with the future land use amendment. The information that I've been provided -- I'm giving to the City Clerk and to the Commissioners -- is the information attached hereto, and if my fellow Commissioners would pass that down, you'll see the information that I was provided. Such persons having contrary views to those expressed in the following disclosure should now have an opportunity to refute or respond to the foregoing communications or ask to reset the hearing in order to prepare a proper response. This procedure complies with Florida Statute 286.0015. Thank you. Essentially, the disclosure I would make is they came to me asking that the City of Miami purchase these properties and create a park; if not a park, a relief zone so as to relieve traffic, as well as creating a park -like scenario. They left me the information I provided to the Commissioners, which includes the map of the area, which includes a diagram of each respective property's boundaries, which includes the future land use map, which includes photographs of what I would categorize as South Miami Avenue and Federal Highway. Also, they represented they were opposition to the townhouse project from Brickell to Main Highway, from the Roads, Brickell, Botanics, Vizcaya, Mercy Hospital, Bay Heights, L'Hermitage, The Cloisters, Grove Isle, Village Key Biscayne, Village of Coconut Grove. And then they gave me information as to why they thought this was inappropriate; found in the disclosure that I've given to you. They indicated that the land value is approximately $4.8 million and that they would like to create a foundation to help the City of Miami purchase the park. Chair Gort: Thank you, sir. Ms. Dougherty: Good evening, Mr. Chair, Members of the Commission. My name is Lucia Dougherty. I am here with my colleague, Jorge Navarro, with offices at 333 Avenue of the Americas. Joining us this evening is Dr. Alex Zakharia, who is the owner of the property; and his colleagues, Fadi Bari and Bob Liu, from CEN Contractors. Currently, there are four single-family houses on the property. They're all rental houses. And although Dr. Zakharia keeps and maintains them, they don't have any front yards, they don't have any backyards and they -- frankly, all of the people who rent these buildings actually have to back out into U.S.1. Photographs are contained on number 5 -- you can see what the current conditions are -- of this book that we just passed out to you, and you'll see pictures again. As of right, we could have 11 single-family houses on the property. This rezoning would actually permit 47 units on the property, but we've proposed only 18 houses, which essentially have the same height that a single-family house could have; in other words, six additional units than otherwise would be permitted under single family. The request is so that we can have one entrance into U.S.1, as opposed to 11 entrances into U.S.1. Under the single-family neighborhood zoning classification, you can't join an underground garage; that's one of the things we're doing, is we're proposing an underground garage for these townhouses. You may wonder why this property's never been developed on the corner and that these houses have not been redeveloped or maintained in a better way, or sold, for example. It's because this area is simply inappropriate for single-family houses. It's the only property that we know of that actually backs onto U.S.1 for all of its ingress and egress. Classic zoning case law will tell you that you're not entitled to the highest and best City of Miami Page 119 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 use of your property, but you are entitled to a reasonable use, and we're here to tell you that we don't believe this is a reasonable use of this property to have houses, single-family houses, with no backyards and no front yards, backing out onto U.S.1. This was not always the case, however. In 1969, U.S.1 -- I mean 1-95 was cut through this area. Prior to that -- and you'll see photographs of it -- it was a beautiful street, just like South Miami Avenue, with a median right down the front of it. Things have changed, and this necessitates this rezoning; in fact, that's one of the criteria. You have two criteria to consider when you rezone property. One of them is the need and justification for the proposed change, including a change in circumstances and conditions that make the passage of the proposed change necessary; and the other one is whether or not it meets and goals and objectives of the Comprehensive Plan, which this -- in this case, it does. We worked very hard with and listened to our neighbors over many months, and you had the foresight to remand us back to the Planning & Zoning Appeals Board; we weren't enthusiastic to do that, but we're very happy that you did, since we won their approval with a 6 to 1 vote. But here are some of the issues that were raised by the folks that we think we have addressed: The first one was Dr. Zakharia isn't going to develop this property, because he's really a retired cardiac surgeon, and he's not going to develop it, and therefore, he's just going to flip it to somebody after he gets it rezoned, and that's why we had Dr. Zakharia joint -ventured with Bob Liu and Fadi Bari, who've built several townhouses in Coconut Grove and in the Gables, and they are here this evening, as well. We've also proffered a covenant that ties this project to this zoning; in other words, we have to pull this -- we have to do this project within two years, and if we don't do it in two years, we've authorized the City to rezone the property back, and we'll pay for it, so that you know that we're not doing this for the purpose of flipping. We're doing this for the purpose of building this townhouse zoning, and we've put that in a covenant. There are other matters -- the other things that we have in a covenant, and I'm going to ask George Navarro to pass out just a summary of the covenant. We've restricted the uses. There can be no commercial uses. We've restricted the density to 18 houses -- 18 townhouses -- Commissioner Suarez: Excellent. Ms. Dougherty: -- a maximum height, parking, access setbacks, open space, visual screening, landscape buffer, and when we have to permit it. So you'll see those in summary form by Jorge Navarro. There was -- the next concern was that this rezoning is the camel's nose under the hint -- the camel's nose under the tent, or the domino theory; that's the other thing. And there's a property that is a vacant properly on South Miami Avenue now just behind this property, and that'll be the next one to go. Well, that's a good argument as long as there's no rational basis for the distinction. And the distinction in this case is that South Miami Avenue is a residential street; it's a beautiful residential street; and in fact, the distinction is they don't back onto U.S.1. They haven't had their whole front yard cut off by U.S.1 and I-95, and that's the distinction. So we don't believe that there -- we believe that there is a rational basis to distinguish the two properties. There was a concern that this would -- project would depreciate the values of the property in the neighborhood, so we did an analysis, and on page -- in tab 8, you'll see the analysis of seven townhouse properties in various zip codes, and we've analyzed the property values of the surrounding single-family homes around them versus in the entire zip code. And what we found for Oak Lane, which is in zip code 33143, the rest of the zip code, property values changed and were increased by 3 percent; and around the townhouses, it was increased by 138 percent. In Pine Manor, which is 33143, yet again, it increased by 3 percent in the zip code, generally; and around the townhouses, it increased by 78 percent. In the Roads and Village, it increased by 1 percent in the zip code, generally; and 69 percent in the surrounding properties, single-family houses. Palm Breeze was 12 percent increase in 33133, and it increased by 12 percent in the properties that were immediately surrounding the townhouse development. Grove Enclave increased by 12 percent, generally speaking, in 33133; and around those particular townhouses, it increased by 22 percent. And likewise, Grove Villas -- I'm going to cut this short -- increased by 12 percent, and 20 percent are immediately surrounding. And in the Village of Campo Sano, it increased by 40 percent in 33146, but the change immediately around the Village was 43 percent. So the argument that the property values would decrease does not hold truth in City of Miami Page 120 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 terms of the surrounding properties of townhouses. Now, I would think, empirically, the worst thing you could have for property values is to have rental housing that is not maintained and it doesn't -- it is not appropriate for the area. Dr. Zakharia does not rent to any families, because families are inappropriate in this district, in this housing. He only will rent to people who don't have children, because children -- it's a dangerous condition for children. The other thing, too, is to look at South Miami Avenue. It's one of the most pristine streets you have in the entire City. It's a single-family neighborhood, it's beautiful, everybody loves it, and what does it back into? Not T4, what we're asking for, but T5. T5 is immediately abutting South Miami Avenue, a beautifully maintained and a pristine street. Another argument was traffic would be increased. Our traffic report indicates that these 18 houses will not significantly increase traffic, and that's also in this book. I'd like my -- Bob Liu now to come and talk about the benefits of -- to the community and our community outreach; and then we'll -- you'll hear from our architect, Reinaldo Borges, to show you -- walk you through the project. Bob Liu: Hello. Bob Liu, 1411 Siena Avenue. Thank you for your time today. What I'd like to first start is to really look at this project as not a spot zoning, but correctional zoning, as you see on the first slide today; a little history of the area. As Lucia stated, in 1961, there was no introduction of 1-95; U.S.1 was probably a two-lane road, very low traffic, and this zoning was appropriate for this time. As we go along in the years, 1969, 1-95 was introduced; the widening of U.S. I; and today, you know, there's a -- Metrorail has been introduced; higher traffic, 1-95; more lanes for U.S.1. So at this point, the zoning is not really appropriate for this site -specific property. And when I say "site -specific," it's that there's no other property along U.S.1 in Miami that backs up into U.S.]. First, that's an uncomfortable and dangerous traffic situation. So what we're trying to introduce is what we consider, in line with Miami 21, a transitional buffering between single-family homes and high-speed corridors. As you can see here in this section, we have our project and the single-family homes behind it; you have US. 1, 1-95, the Metrorail. And you can see directly across the street, they've already introduced this transitional buffering with T4-R and T3-R. We've reached out to the community; we've sat down with the neighbors. We tried to be what we call responsible development. We've been able to get 65 signatures in favor of the property, and eight of them within 500 feet of the property; what you can see in tab 2 of your pamphlets, all the signatures and location map of the people that are in favor. Second, we want to state that in listening and trying to be doing responsible development, we reduced the units being built to 18 units, rather than the 46 allowable units under T4-R; that's a 60 percent reduction. We exceeded the requirements for parking from 27 spaces to 50 spaces; that's 85 percent more parking. And we internalized the parking and traffic, taking all the traffic out of U.S.1 into a one -point ingress/egress; one cut instead of several cuts. Now, our traffic study also states that this introduction of the new project is a minimal traffic impact; what you can see on number 6, and highlighted the conclusion. But the one that really hits home is when you look at what is as of right that we can build. As of right, we can build 11 single-family homes that would have several cuts into U.S.1, which creates a very serious, dangerous condition. In our project, we introduce one ingress/egress. On the floor plans, you can see that on 11 homes are -- 11 homes, that has a larger footprint than our project. And the same with the elevations, the elevations of 11 single-family homes in reference to our project is a lot greater, as you can see in yellow. So we're trying to introduce something that is more favorable for the community. We also introduced larger landscape areas for the community, and we've also reduced two of the units that are directly in conflict or in the way of the neighborhood homeowners that live directly behind it. So working with the neighbors and compromising, we lowered these two units to two stories and where their backyards would not have the impact of a high -- of a three-story building. But that's another thing that's brought up a lot about the height, which Reinaldo is going to be a little more detailed about it; I'm just going to give you a brief view. We have the same height as a single-family home. If you don't count the parapet, which is hiding the mechanical AC (air conditioning) units, we're actually five feet lower where the roofline is than a -- when a T3 residential zoning maximum allowable height is. Our setbacks are greater; instead of 20, we have 33. With that greater setback, the neighbors in the rear feel like the houses are further back, so in that way, our project actually feels like it has greater space and distance City of Miami Page 121 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 between the adjacent community's backyards. So we've been trying to really mod our design, internalize the parking, internalize the traffic to give something to the community that actually increases their value and lowers their risk of safety issues along U.S.I. Reinaldo Borges: If we could get the signal from the IT (Information Technology) into the monitor for the PowerPoint. Chair Gort: Excuse me. You are? Mr. Borges: Yeah, I'm going to introduce myself. I just wanted to get the PowerPoint -- Chair Gort: Okay. Mr. Borges: -- queued in, Commissioner. I don't see the PowerPoint showing up. We're transitioning from one PowerPoint to another here. Let me see. The AV (audiovisual) guys hear us when we refer to them? Could they come and assist? Chair Gort: They're right there. Are we having problem? Mr. Borges: Okay, sorry about that. For the record, Reinaldo Borges with Borges and Associates, at 1200 Brickell, Suite 1525, representing the developers, and want to walk you through our architectural design process; and highly engage with the listening process, as well. As you know, architects really live for working within the context. I mean, my firm takes these projects very seriously, and we were fortunate, you know, to be given this task to basically try to bring aproject to the community that really fits within this sort of transitional context that we see that Bob and both Lucia have defined. I also want to briefly just go through a real quick video here that gives you a sense of that U.S.1 transition as we transition onto Brickell. We've all taken this path, and really, this is the only area in the City of Miami where residential zoning is really fronting U.S.I. As you know, Miami 21 requires that the primary frontage of a project is to the main street. So, really, our project cannot give its back to U.S.I. So we felt that, based on this context -- and you see the site here to the right. As you approach South Miami Avenue, you start to see the skyline of the City. You know, there is no denying that this site and this part of the neighborhood is already connecting to a higher -density neighborhood, which is the Brickell Skyline. You see the project to the right here that is walled in, and that you access through Alice Wainwright Park. Today, Miami 21 would not permit us to design a project such as that, and we sort of made that clear; even if we wanted to, it doesn't really function. We've also looked very intimately into the variety of architecture that this neighborhood has, because we wanted to make sure that it's clear that we're bringing a tradition of modern tropical architecture that the neighborhood already enjoys, even though the neighborhood, especially South Miami Avenue, is a historic corridor and has wonderful historic architecture. It also enjoys a variety of different types of expressions, and you see it here, represented in these images. And, you know, recently -- you see this wonderful modern home that faces both Alice Wainwright Park and it actually has -- it's a through -lot; it faces towards our side, as well. You could see that the language of the architecture is really not that of a complete, consistent, traditional language. I mean, there is a variety of things. Our firm is also happily doing homes in South Miami Avenue; right now, we have 20 in production. As Lucia noted, that T3 zoning is also abutting T5. All these homes are selling for an average of $4 million, and they're being very well received by the buyers. And you could see that the architecture is modern and light and fresh and I think very South Florida. So in this photo montage, your see our 18-townhouse project superimposed into a photograph of the site. You kind of see the transitional qualities that this project has as it steps down into the T 3 neighborhood. You see it from a slightly different angle, and I'll show you technically a bit more how we try to put all the masts and all the three-story components of the project towards U.S.1; Bob already referred to this. You know, we feel like Miami 21 and Miami, in general, like any city, has transitional areas, and we feel like this site meets that criteria to really create a townhouse project that then transitions the scale to the T3 neighborhood. We see it along Coral City of Miami Page 122 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Way, where this -- actually, this image is along Brickell, where we have T6-24, T5 and T3, and really, the market along South Miami Avenue continues to boom with luxury architecture, modern homes, very large homes with great value. And again, this is the context. You see, we do feel we are in that moment where we could rezone and make this site more appropriately transitioning to the neighborhood; see from this angle here, as well. The architecture also, you know, captures all the materials and all the accents of a modern tropical architecture; it is really not a series of white boxes. I mean, this -- there's a lot of warmth, there's a lot of materiality, a lot of sensibility towards the detailing of the project. As a commitment to quality, these are highly valued and detailed townhouses; not like the townhouses that we see in other areas. They will be valued closer to a million dollars on average, I believe. You could see the superimposed massing here, and we did you know -- so you see here the intent of really making that one point of entry and capturing all the vehicles into this basement garage, which really is the only way to afford to do this with this typology. I did a similar project on the street on Brickell that has the parking below like this with eight townhouses, and those are valued on an average of $2 million at this point, with real, true, you know, townhouse living in the neighborhood; that's a T5 zoning. This is -- what we're asking for is T4, and you'll see that the impact of these townhouses is actually reduced from what T4 really allows. You could see in this view here that in the middle, the two townhouses that you see in the middle of this composition are actually two-story townhouses, and we positioned those adjacent to the backyards that the neighbors have right behind us, so that we created a true T3 massing in that moment in our site plan, where we have two-story townhouses versus the three-story ones that are on the site. Now, the third story of the townhouse is really -- the mass is fronting U.S.1, and then it steps down towards the single-family home neighborhood, and you'll see that more clearly in the sections. You see a view from the corner. We are creating these little pocket parks, and they are protected and secured and available for the neighborhood to enjoy. At both ends of our property, we have these wonderful landscaped environments that will enhance, you know, this site as a gateway into Coconut Grove, the special neighborhood that we love and respect and enjoy. You could see here the transition of the architecture to the T3. There's a system of screens, and we've worked so far with neighbors that are concerned about landscape densities, and we are committed to provide the landscape densities that are appropriate and desired by the neighbors to make sure that we have adequate screening. I will also say that the canopy of trees that is in this area ranges anywhere between 30 to 55 feet in height, so, really, when you look at this neighborhood, there's an incredible tree canopy that already softens the impact of any kind of three-story townhouse. We also looked at the language of the architecture, and this kind of exhibit here gives you the sense of how we worked diligently to really create variety and a lot of different types of expression within a repetitive townhouse typology. Again, Miami 21, it's exactly designed to create these transitions, and it's clear to us that we meet that criteria, and I think staff has agreed with us, as well. This lower level here shows you how we're capturing the parking. The parking is totally under each individual townhouse, so you park under your townhouse, and you go up; a very safe environment, and really, there's a front yard, but the emphasis on the private yard is in the back, as it would be on a T3. We have a 20-foot green backyard for each individual townhouse. It creates all the privacy, all the intimacy and all the sensibilities that a T3 project would allow, with the exception that these townhouses are all at zero setback; they're all abutting each other; where with a T3, we would have a five-foot setback on each side and there would be some separation. However, the footprint, as Bob noted, of this townhouse actually is a reduced footprint from a T3 footprint. If we were to maximize the site with about 11 homes in the T3 configuration, we would actually have more coverage of this parcel of land than what we have with the townhouse project. So, really, the townhouse project allows us to structure the parking under the townhouses; it allows us to have seven additional units, from the 11 private homes to 18 units; we're far under the density that would be allowed under a T4 zoning for the net lot area that we have. So, I mean, at every single point, we wanted to make sure that we were doing something that was sort of as polite and as sensible and as appropriate to the scale of this beautiful neighborhood as we could possibly design. You could see on this third floor that the primary living areas of the third floor is fronting U.S.1, and the rest is a private terrace. So, really, it scales back down to the scale of the single-family home. And the hatch square City of Miami Page 123 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 rectangle that you see there, those are the two townhouses that we've actually designed to be of two stories, and they are directly related to the concern of the neighbor in the back that there will be some potential loss of privacy with a three-story townhouse. I also will point out that within the T3 zoning, we're doing single-family homes with rooftops on top of the second story that allow for that wonderful, you know, third dimension of living on the rooftop of these modern homes, and that this townhouse has a similar feature, so I won't review this diagram again. Bob already sort of created this narrative of the transition that we strongly believe works at this site. You could see here the red line around this section, and this section is an illustration of our townhouse design with completely, you know, underground garage. Again, this is more costly than putting it on grade, but all the cars disappear under these townhouses and we don't have to look at the car. What we enjoy then is the beautiful architecture. The red line represents the massing allowed by T3, and you could see that our massing is way lower than what a T -- I'm sorry -- a T4 zoning would allow. You could see that the proposed T4 zoning -- it's this blue area -- and that's really the massing of our townhouse, and you could see the envelope of what T4 would allow. So we've, in every aspect, tried to move the townhouse towards U.S.1; create a greater setback, a greater transition to the residential neighborhood. You could see the same illustration here. The yellow and the red is really a sectional diagram of a two-story T3 home that could be built on this site as of right. So for T3 zoning, you know, we're allowed to 25 feet up to the rooftop, okay? And then we are also allowed three feet, or actually 30 inches above the average grade, so that gives us 27 and a half feet to the top of the roof of a T3 single-family home, two-story. Additionally, the Code allows us to have a cupola that has a stair enclosure, or an elevator enclosure to have access to a rooftop; that's an additional nine feet. So a T3 house would have about 37 and a half feet in height, which is the profile that you see here, and as you could see, is very compatible to the kind of section and the kind of profile that we're providing in our townhouse. You could see another representation here with, you know, the overlay of the massing. So, again, you know, we're trying to create an architecture that is rich; that is diverse; that is, you know, part of the tradition of this modern tropical architecture that we enjoy in South Florida as one of our traditions of architectural styles. We're very excited about this. I'm honored that I was selected to be the architect on this and happy to be here with you presenting this beautiful project, and we hope you support your Planning Board with our rezoning, and I'll end my presentation; leave it for questions. Thank you so much. Chair Gort: Okay. Does that conclude --? Ms. Dougherty: That concludes our presentation. Chair Gort: Okay. Ms. Dougherty: We'd like to reserve some time for rebuttal, if there's any Chair Gort: Yes, ma'am. Okay, it's the public here. All those that'd like to address this issue. Todd B. Hannon (City Clerk): Chair, I have a number of speakers who have signed up for PZ.11 and 12, so ifI may, I'll call the names out. Chair Gort: Call the names. Mr. Hannon: First three speakers: Raquel Abaci Carl Levin and Michael Mitchel. Raquel Abad: How are you? My name is Maria Raquel Abad. I live in 3082 Mary Street, Coconut Grove. I know I don't live in the area close of Brickell or South Miami, but I'm here just to tell you about my experience selling these townhouses. In 1984, I start selling in Los Angeles; I did in New York; then here in Miami, Florida: Coral Gables, South Miami, and Coconut Grove. And in my experience, this is an incredible product where everybody loves it, very desirable, and it's a very high end. And because of my experience, I'm here to -- I'm up for this project. Thank City of Miami Page 124 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 you. Chair Gort: Thank you, ma'am. Next. Carl Levin: Hi. My name is Carl Levin, living at 3191 Mary Street, in Center Grove; been living in the Grove for over 20 years, and 11 years ago, I opened up my own architectural firm here in the Grove, as well. As an architect, this site has intrigued me as I've driven down Bayshore Drive. The fenced -in corner of land has been vacant for years, only serving -- and no offense to you -- as a place to hang campaign signs during election years. It's great to finally -- that someone has the vision to develop this parcel of land. Understand, the residents of the area don't want the rezoning -- to change the Zoning Code, but with any new Zoning Code, you don't recognize the oversights until somebody tries to develop that piece of land. The current T3 zoning, as everybody -- as stated by the developers, don't work. It's dangerous to try to back up onto U.S.1. Your staff recognizes it, which is why they changed their zoning. It seems these developers have made tremendous concessions to the neighborhood to quell their valid concerns, and you are getting a very high, high quality design project, in our opinion. I think Mr. Borges did a wonderful job. Thank you. Chair Gort: Thank you. Next. Michael Mitchel: Michael Mitchel, 125 Southwest 26th Road. I want to make a point that a lot of people say that they only want single-family homes. Eleven single-family homes in that piece of land is going to be like zero lot. Nobody will want something like that. And in fact, if you build that, you will be having condos next to each other. You will have to reach your neighbor extending your hand to the other lot. So you will never be able to sell homes like that if you build them. This make better sense for the community, and like the Commissioner Suarez says way back, that sometimes, the obvious choice is not the best choice. And this makes sense. Thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: Next three speakers: Alejandro Munoz-McKearney, Jessica Tsiris; and I can -- I'm having a hard time making out the name, but the last name is Padron, with an address of 30 Southwest 31st Road. Chair Gort: Yes, sir. Alejandro Munoz-McKearney: So good afternoon. Alejandro Munoz, 2451 Brickell Avenue, Apartment 5A. I've been a resident in District 2 for about six years. I moved back from Argentina. First I lived in Brickell Key; then I recently moved into a condo on Brickell Avenue. I was excited to come onboard with the project after initially meeting with the developers, just as a curious resident of District 2. And then I'm just -- I've been really happy to see the progress that it's made so far, the input that the community has given, andl would like to really see the positive impact that it could have like just on our small area of a district in general. So I just graduated from Immaculata La Salle. I would pass by the property on a daily basis to go to school. It's not the best of sites. It's a lot of overgrowth, a lot of weeds, and all thicketed behind a chain link fence. I believe that this project would -- just makes much more sense to have than that; and as a project in general, it's just pretty good. As far as the points against the project go, I just wanted to cover a couple, just to provide my own opinion. Some have brought up that they never saw a car either enter or exit the properties facing U.S.1, so that our argument being that, you know, those houses are dangerous is flawed. But the way I see it is that many cars park outside of those houses and either way, they have to enter and exit the house at any given time during the day, so the danger is there; the reality of danger is there. So it's really important that we cover that, and it's been really well addressed in this project. City of Miami Page 125 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chair Gort: Thank you. Mr. Munoz-McKearney: Am I limited by time? Chair Gort: Conclusion. Mr. Munoz-McKearney: Okay, finish up. All right, so I just want to, for a final point -- it's really important -- cover the covenant. Now, I'm no lawyer, but I just wanted to say that I think the covenant is the most responsible way of assuring residents that projects remain they were intended to be -- as they were intended to be initially, and it just gives residents more ability to input towards the project than, say, if developers just did whatever they wanted. Thank you all, and I urge you vote in affirmation of the project. Chair Gort: Thank you, sir. Mr. Munoz-McKearney: Thank you. Chair Gort: Next. Jessica Tsiris: Good evening. My name is Jessica Tsiris, andl am a resident of South Miami Avenue, right across the street from the proposed project, and I have been living in this area for about 14 years now. When they showed me this project, I thought it was a successful and well thought-out design to solve the poorly designed block, without even taking the future busy road of U.S.1 and the Grove of Miami into consideration. From the standpoint of being a recent graduate from the University of Miami, in the architecture program, I see this design as helping the area in an urbanistic [sic] and aesthetic way. As we all should know, U.S.1 is an extremely busy road where many accidents occur. By removing the numerous amount of entrances from U.S.1, would not only limit the means of egress to one and contain circulation of cars within the property, but with -- the new design would set an abundant amount of space between the buildings and the road, creating a shield. As for the privacy of the other single-family homes on that block, the townhouses are designed to reach a height below the required height and would create a vast amount of space filled with the landscaping elements. I think that by doing this, we respect the neighbors' privacy. I also think that the parks at either end of the block will be good for the neighborhood, because parks enhance property value, are visually appealing and are good for the environment. Finally, by implementing the design into this block will not only make the area safer, easily accessible and good for our environment, but will also improve the growth of our community and the City. Thank you. Chair Gort: Thank you, ma'am. Next. Mr. Hannon: Next three speakers: Claudia Uribe, Liz Calvo and Craig Von Teuber. Zemirarizo Padron: Good evening. Zemirarizo Padron, 30 Southwest 31st Road. I am here to strongly oppose the change in zoning, as did the Planning Board unanimously and in full attendance on December 17, 11 to 0. I hope you ask the right questions here tonight. In terms of traffic, it's a big concern, not only to the immediate neighborhoods, not only to us within 500 feet, but everybody that crosses through this very busy intersection of U.S.1 and South Miami that leads onto Brickell, the Rickenbacker Causeway, the ramp to 95 and South Bayshore Drive. It would also completely change the character of our neighborhood, and it would set precedent to continue zoning changes down the road towards Vizcaya and beyond. We want facts. I collected all -- signatures from all the residents in my road, all of 31st Road, both sides, even numbers, odd numbers, all of Miami Court and all of South Miami Avenue. Grace Solares has those signatures to show to you. So in terms of percentages, we are above 90 percent of the immediate residents that received the notification to appear here, because we are within 500 feet. I hope you take that into consideration. I also hope that you ask what happened between City of Miami Page 126 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 December 17 and May 16, when a partial Planning Board in attendance voted to approve, 6 to 1. We have heard that in that time, they spoke to the neighbors, yes. They held a meeting at Simpson Park, which I attended and Mr. Garcia attended, and he was made to believe that the full house you had that day was filled with real neighbors, and for three times now, I've seen the deceit, because I want -- I would like you to ask if you think a real neighbor is a person who sells townhouses and lives in Mary Street; a recently -- a recent graduate from La Salle School -- I don't know if he would own a property; and also, a recent graduate from the architectural program. That place was full with architecture students and acquaintances of the developer. Chair Gort: In conclusion. Ms. Padron: Did my two minutes run -- did they --? Chair Gort: They ran out. Ms. Padron: I'm sorry, this is -- I would also like to address what they said in terms of the main frontage by Miami 21, that that doesn't really function in terms of comparison to Villas of Vizcaya. I hope you ask why that does not function. Villas of Vizcaya is a wonderful development, upscale, within T3. We are here to oppose the change in zoning. There is something that can be done within T3. I love parks, and I would also like to disclose that Arquitectonica deal is in standby for this. Claudia Uribe: That's okay. Chair Gort: Got you. Ms. Uribe: My name is Claudia Uribe. I live at 2717 Brickell Court. Chair Gort: And you're giving minutes to her. Ms. Uribe: And I'll give her -- Chair Gort: Yes, thank you. Ms. Uribe: -- my minutes, yes. Ms. Padron: Is it possible? Chair Gort: Go ahead. Ms. Padron: Thank you. So I was also wanting to disclose that in terms of parks -- I was not here to discuss the park -- but, yes, we have an alternative; yes, a group of residents are trying to raise funds together, and we're hoping the City of Miami can match those, and this would be on behalf of City of Miami so that we can give ownership of this entry to the Grove. Arquitectonica even has a name for this, "Green Gateway to the Grove," but they are very professional, and unless there is full transparency between owner, developer, City of Miami and the architect, which would be them in the case of a park, they will not present any drawings, so we do not have those for you today. We do have a map, and this is so that you can consider where the eight signatures of the real neighbors are coming from, because we only have few houses within T3 single-family within the 500 feet. So I would love for you to see how many signatures we have, not only from 31st Road, 30th Road which is the road for Grace Solares; she has signatures from all neighbors across the street and on her side. Like I said, I collected everything except for two, but those two people were at the first hearing on December 17 and they expressed on the record that they were opposing the zoning. They call this a transitional project. We only see a clutter of houses. We believe that at this place, at this busy intersection, what we need is to City of Miami Page 127 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 decrease the density in population, not to increase it. We also visited Mr. Gus Pego (phonetic) informally, casually; maybe I should not be mentioning this. But we all agree, my friends from Brickell, my friends from the Cloisters, L'Hermitage. They were not here because they were planning to attend at 2 p.m. They had made a time on their schedule, but, unfortunately, something happened and we were made to come at 6 p.m. Chair Gort: No, excuse me. Ms. Padron: I'm sorry. Chair Gort: The reason you're here at 6 p.m., because it was requested by Ms. Solares that she wanted to move it from 2 to 6. Ms. Padron: And I am grateful to Ms. Solares for creating the awareness initially to us neighbors. I am grateful for all that she's done. And yes, 6 p.m. is definitely a better time. We just wish the City of Miami had communicated by mail to all the residents within the 500 feet, the same way that you did two weeks ago about this meeting today. Chair Gort: Okay. Ms. Padron: One more thing. Chair Gort: In conclusion, ma'am. Ms. Padron: Yes. In conclusion, one more thing: That beautiful -- the owners of the wonderful modern home with the red door that you saw, they are away, they are out of Miami, and they signed three letters because they own three properties; one is a double property. And they would like to know tonight -- Chair Gort: Thank you, ma'am. Ms. Padron: -- for you to know tonight that they oppose. Chair Gort: Thank you. Ms. Padron: In conclusion, I hope you ask the right questions tonight, and please oppose this. Don't let it go to T4. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Next three speakers: Liz Calvo, Craig Von Teuber and Lucrezia Di Persong. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: If I may, real quick, something that the last speaker said -- Chair Gort: Yes, sir. Commissioner Carollo: -- and I would like to ask our Administration. She mentioned that the PZAB voted 11 to 0 on -- Ms. Padron: On December 17. I attended all the hearings. City of Miami Page 128 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chair Gort: Excuse me. Excuse me, ma'am. Ms. Padron: I'm sorry. Chair Gort: The question is to them to talk about. Ms. Padron: Oh, I'm so sorry, sir. Chair Gort: Thank you. Commissioner Carollo: Yeah, I want to address this with our City Administration; that the PZAB Board voted 11-0 against it? But I'm seeing in my documents here that it was recommended for approval by a vote of 6 to 1. Chair Gort: That's a different meeting. Commissioner Carollo: Was it two meetings, and can you shed some light on that? Mr. Garcia: I'm happy to, sir. Thank you for the question. It is correct that the Planning, Zoning & Appeals Board, on their meeting of -- I want to get this right -- on their meeting of December 17, 2014, voted to recommend denial of both items -- Commissioner Carollo: Hold on, hold on, Mr. Garcia; give me a second. Chair Gort: Excuse me, excuse me. Commissioner Suarez: Mr. Chair, I'm just trying to figure out -- I'm still confused. Chair Gort: You know, we have to record everything -- Commissioner Suarez: Yeah. Chair Gort: -- that's stated in here, so -- Commissioner Suarez: Sorry. Chair Gort: Okay, go ahead. Mr. Garcia: I'll say again briefly, the initial Planning, Zoning & Appeals Board recommendation was for denial. That was set forth at their meeting of December 17, 2014, by a vote of 11 to 0; that is correct. Subsequently, the project came for review by the City Commission, which, upon brief consideration, remanded it back to the Planning, Zoning & Appeals Board, since it was expressed to the City Commission at that time that the project's design, and therefore, the covenant, had changed significantly. The applicants, in fact, went back to the Planning, Zoning & Appeals Board. That second hearing by the Planning, Zoning & Appeals Board took place on May 6, 2015, and at that point in time, the Planning, Zoning & Appeals Board recommended approval for both items by a vote of 6 to 1. Commissioner Carollo: Thank you, Mr. Chair. Chair Gort: Okay. Yes, ma'am. Elizabeth Calvo: Yes. My name is Elizabeth Calvo. My address is 328 Crandon Boulevard, Key Biscayne. I'm an attorney, and I've been asked to come and speak to you today on behalf of Claudia Uribe, who's a resident of the Villa Vizcayas. On that point of the May 16 vote, which City of Miami Page 129 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Zemirarizo Padron just mentioned before, I do want to highlight to you that those were not members of the community that necessarily came and spoke to you. Don't think for one minute that the community is for this cluster of projects; that the pictures were self-serving, because you saw the residential homes surrounding it, and then you just saw this mass of concrete going down that red strip that we've highlighted there on -- I don't think that's befitting the beautiful words that they've said about South Miami and South Miami Avenue and the drive that we go through. We have Vizcaya across the street; we have Cliff Hammocks, which is outstandingly beautiful; we've had Villa Vizcaya, which, somehow, they've managed to make a closed community of homes. So are we against completely doing something with this land? No, we're not; something needs to be done. I think, absolutely, everybody agrees to that. Now, are we in for maximum profit; let's squeeze in every townhouse we can possibly pack into this lot? Go underground. In an historical land -- property, mind you. So, God forbid, when they start digging in for those garages, they find some historical, some Indian artifact, wouldn't that be wonderful? There goes the garage, right out the window, because you can't build a garage down there, so that -- Do we know that for a fact today? No, we don't. I guess we have to start digging. If you want to get that far on that intersection, where you're going to start building, you're going to start construction -- and I'm sure everybody in this room has gone through that intersection; there's constantly traffic; there's constant accidents. You can have a total development in halt -- okay? -- if that was the situation. So I think there's a lot more research that needs to be done. What we want the Commissioners to do today -- and Mr. Mayor -- is not to approve today T4. I don't think we're a bit ready to approve T4. I don't think enough questions have been answered. I don't think representatives of the community have had their opportunity, other than the signatures, where 80-plus signatures -- and these are local moms walking up and down the street getting you your signatures. Give them some time; they'll bring the people in, you'll hear from them. They do not want T4. Make a development, make a project; don't do it 18. Make them 11. They can't be 11 homes, residential homes; that doesn't work for you? Make 11 townhouses if that's your wish. Don't cluster; don't add in 40-plus cars in an underground parking that, technically, you don't even know if you can build, okay? So hear your people. The people do not agree with this. You can go, yourselves, knock on doors, as you may have done in the past at times, and you'll treat yourself to know that this is not popular. This is not a popular vote for anybody in the neighborhood. Thank you. Chair Gort: Thank you, ma'am. Next. Craig Von Teuber: Thank you. My name is Craig Von Teuber. I live at 3110 Southwest Miami Court. I'm looking around here, and I don't see any of my neighbors on that side of the room, but I do recognize the people behind me. And I'm sitting here listening to the testimony. I think we raised our right hands, and something about we were given adequate notice and the neighbors were addressed and given opportunity to speak. I don't remember any of those meetings. The meetings I remember were held at one time in Hammock Park, and it was unanimously clear that the neighbors oppose this project. I don't see how the theatrics and, in my opinion, this type of a charade is somehow taking priority over the importance and the relevance and how it impacts the immediate neighbors. I live right down the street from where these houses that the property owner owns, and I don't know if it's a Freudian slip, but the woman who started the presentation said something about how they're in disrepair. I think her exact words were these properties -- ifI may quote her -- "Rental properties are not maintained, " were her exact words. And that is the irony here. We should have -- be having a hearing about prosecuting the owner of the properties for not maintaining these properties. And what we're having is a spin whereby he's going to take these properties and turn them into a single person entity, where the representation here is the best interest of whom? I'm not really sure, but it's definitely not me and it's definitely not my neighbors. And if we were all more properly alerted -- I called your office, by the way, Marc -- I didn't get a call back -- just to see if we could maybe address some of the things; spoke with Adrian. And I believe that if we were properly informed, there'd be a lot more people here. But these people are paid; we're not. This is my personal time. My kids are at home with their nanny. This is not what we do; we don't get City of Miami Page 130 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 paid for this, and these people do. And it's a travesty that we're up here losing this time on a project that was already killed in December. I was at that meeting; it was killed. These students, I mean, seriously, they're here to tell us why they think it's good. Well, I didn't have a rehearsal, nor was I prepared with a speech, so perhaps, ifI was coached a little bit better, I could articulate a little bit more adequately why, in laymen's terms, this project is simply inconsistent with the neighborhood. And I hope the leadership of our elected officials here make the right decision, because there's going to be a mob of people in my community that, I promise you, will be chaining themselves to trees on that property if you guys consider this project. Thank you. Chair Gort: Thank you, sir. Next. Who are next? Mr. Hannon: Lucrezia Di Persong? No? Okay. Next three speakers: James Marx, Elvis Cruz and Grace Solares. James Marx: Good evening, Commissioners. My name is James Marx, and I'm speaking on behalf of the Cliff Hammock Homeowners Association, which runs essentially from 32nd Road down to 26th on Brickell, right along where Alice Wainwright Park is. We've -- of course, we've had meetings on this; we've gone to the Planning meetings. We also have met with the individuals who are proposing the project. Originally, we felt very strongly against the project for many reasons, and it was -- it -- for the -- of course, the increase in density, and the project just really was not what it is now. And at this point, I wouldn't say that the group feels strongly completely against the project, but there's mixed feelings about the project. Essentially, the building is much nicer than it was, and I would say that if this were to be approved that I would ask that the Commissioners pay particular attention to make sure that the covenants are adhered to. In particular, there's some discussion of buffering right along that -- right along the part on South Miami Avenue, and I think if that's buffered correctly, that would make a very big difference in how this project were to come about. The other thing I want to mention is we've had a couple of neighborhood -- neighbors who are particularly concerned about the height, noting that it is higher -- would be higher than their homes, which, I believe, are 25 feet. So -- and then lastly, I'd say that the one thing that the entire group is unanimous about is that, certainly, a park would be a much more desirable use for everyone. But as far as the project's concerned, if it is going to be approved, we'd ask that particular attention be made on the buffering zones and on the -- and have it such that the trees -- because I noticed in the covenants that the trees are not really specifically covenanted for. And the only other thing I'd mention is that there are some of the members here, so if they have any other in particular items, then I would encourage them to speak, as well. Thank you very much. Chair Gort: Thank you, sir. Next. Elvis Cruz: Good evening, Commissioners. Elvis Cruz, 631 Northeast 57th Street. This is a situation where the Planning Department reviewed the first application and recommended denial. And I read that recommendation for denial, and it was very, very well done; the land use recommendation and the zoning change. And then what happens? Sadly, it's a recurring theme in Miami. A covenant takes place. That is a very disturbing practice. It's happening time and again throughout our City where a developer will come out with a covenant, and suddenly, the standard practice of protecting single-family neighborhoods is compromised; it goes out the window; it's been bartered away for a covenant. What that means is that the uniformity and the predictability of a zoning code become meaningless. It essentially threatens every single-family neighborhood throughout the entire city by way of a covenant. We've all seen this movie many times before here at City Hall. Instead of designing a project that fits the zoning, they want you to change the zoning to fit their project. There is no hardship here to just fy this change in zoning. The owner knew exactly what he was buying when he bought it. There are plenty of other places throughout the City where the developer can build three-story apartment buildings without up -zoning a long established single-family neighborhood. Lastly, a quick word about the supposed danger on that street: I'm very familiar with that street. I happen to have a very attractive young, blonde girlfriend who lives right next to it, and I've pulled out onto U.S.1 many City of Miami Page 131 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 times when visiting her home, and I have not found it dangerous at all. There's plenty of gaps in the traffic there because of the stop light at 17th. Thank you. Chair Gort: Mr. Cruz, Grace says she'll give you her two minutes to use so you could -- Mr. Cruz: I'm done, I'm done, but thank you. Chair Gort: He's done, so next. Grace Solares: Good evening. Grace Solares, 60 Southwest 30th Road. I do have the oppositions here signed and I will -- that Zemira talked about, so I will give them. I believe I have close to 40. And these are, you know, immediately 500 feet; not just eight, the majority. And I'd like the people here who are against the project to please stand up, because a lot of them are not speaking, but they're here. They're neighbors that live immediately, immediately against the project. Thank you. Cindi de Rothschild. Okay. Chair Gort: Okay. Yes, ma'am. Ms. de Rothschild: Okay, my name is Cindi de Rothschild. I live directly across the street on South Miami Avenue -- 2901 South Miami Avenue -- from this T4 project. I am, at this point, a bit confused in that I keep hearing about townhouses enhancing property values, and yet, the example that's always given is Oak Avenue. There is no comparison between townhouses on Oak Avenue and the value of our neighborhood. It's not comparable, not by any word of the imagination. Also, they talk about four houses entering and exiting U.S.1. Now they're talking about 11 or 18 or 40 feet up; two cars per house. Now, this doesn't make sense to me. Also, we've had -- I've heard tonight two people speak from Mary Street who talk about the value of this project, and yet, Mary Street is in the center of Coconut Grove. That's about two and a half, three miles from where this project is going up. I'm baffled. Thank you. Chair Gort: Thank you, ma'am. Next. Mr. Hannon: The last two speakers I have signed up for PZ. 11 and 12, the last two speakers: Luis Herrera and Tucker Gibbs. Luis Herrera: Good evening. My name is Luis Herrera, president of Vizcaya Homeowner Association, 1181 Southwest 22nd Terrace. In the beginning, everybody -- I mean, the lawyer here that make the presentation and it -- they said it's a dangerous to go out the cars over there because U.S.1. If you make this 18 townhouses, it's the same way. They got to go out in U.S.1. So thinking about it. Now, when you -- before you are Commissioner, we have a project that it call them the Herrera case, Mr. Luis Herrera case. It's almost the same way. And now I'm protesting and oppose this project because it's effect domino, the same way it going to do in my neighborhood, that I live in there 54 years. It's not too far away from the project. This gentleman, he bought it, the property, and they know they can't do this, but they got a lot of money and they try to pass it and try to support and pay these people to convince you to pass, change the laws, zone. The Miami Planning Advisory Board or whatever, they deny. Why they change it now when we want houses, residential, keep it like a residential? Miami 21, a lot of money cost taxpayers to support Miami 21 to cover it up, maintain neighborhood, so I think you people vote deny this project. Thank you. Chair Gort: Thank you, sir. Next. Tucker, come on. Tucker Gibbs: I know. I'm not that enthusiastic -- City of Miami Page 132 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chair Gort: Can't afford that. Mr. Tucker: -- about coming up. Good evening. My name is Tucker Gibbs, and I'm representing -- I have to give you a long list. I represent the Miami Roads Neighborhood Civic Association; I represent Ms. Rothschild who spoke to you before; Jose Solares; Luis Pabo and Robert Ayona; William Lampole, Arias Gutian, Adrian Sanchez and Grace Solares. My clients object to the proposed land use change and the proposed zoning change, but I would like to defer my presentation to second reading, if there is a second reading, and I do so because I'd like to make a full presentation. Thank you very much. Chair Gort: Thank you, sir. Next. Pedro Puerto: Pedro Puerto, 40 Southwest 30th Road. I actually do live in the affected area, directly across the street. I submitted my protest against this project in writing and in person at the Planning & Zoning meetings and here. To recap, that protest is based on improper land use that debases the quiet area where we reside. It is not in keeping with the single-family character of the neighborhood; a view that was shared by Dr. Ernest Martin at the last Zoning meeting, and he acted on it by again not voting to approve even the revised project. This is being hailed as an improvement to the area only by developers, lawyers, architects and officials who do not live there. The voices of the people who do live in this neighborhood and who are protesting this should not just be heard, but also seriously considered in the request to have this Commission also deny approval. This is not a benefit for the surrounding area. Let's just call it what it is: blatantly maximizing the profit of a land grab from a developer by changing the zoning to increase population density over his own area. This area was for single-family homes when the lots were bought. Keep them the same. Much was made at the last meeting about having several driveways exit to the busy Federal Highway; this meeting, too. We all pass homes like this every day, and on busier streets. A circular driveway is built; the home entrance is recessed. Your problem is solved. And I'm not even an architect. The reality is that developers enlist the aid of high-priced law firms to increase the density of properties, and Zoning usually gives them a rubber stamp approval, with subsequent votes following in lockstep. Rarely do I find officials slap their hands on their foreheads after hearing protests from the people that really are affected; not developers or lawyers or random speakers that live miles away and have no relevance to these proceedings and they say, "You know, those that actually live in the neighborhood are right. We should respect their wishes. They will be directly affected. They voted us in office and represent them. Let's toss out this project, which obviously belongs in a different neighborhood." Since this might not be the case, let me not waste time fighting a losing battle and ask you to consider at least this: This project revamps single entrance/exit to Federal Highway. That street is only one way, and you can only enter from the west. What about those who work downtown or work on the Beaches or return from work using 1-95? Or if you're running errands and return from any of those directions not in the west, the only way in is by traveling on South Miami Avenue and turning into the first street that will allow access, which is 30th Road, where my house is; where two new families with small children who expected life in a quiet neighborhood have recently bought their homes, and would deal with the surge of traffic, not from four houses currently there, but from 18 units multiplied by two to three cars a unit, multiplied by the number of times each of these cars needs access to the entrance; not to mention visitors. I ask that this be addressed. Chair Gort: Thank you, sir. Mr. Hannon: The last person I have signed up for PZ.11 and 12 is Robert Atona [sic]. Robert Ayona: "Ayona." Mr. Hannon: Sorry. City of Miami Page 133 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Mr. Ayona: Good evening. My name is Robert Ayona. I'm a resident of 2952 South Miami Avenue. My home is actually on the block that this development is scheduled or is proposed to take place. We are here to ask your help in preserving and protecting the character of our neighborhood. We are a single-family residential neighborhood that is buffered and protected from high density T4 and T5 development by U.S.1 north and west, Biscayne Bay to the east, and Vizcaya to the south. We are roughly 72 single-family homes, of which the vast majority is opposed to this project. I think we've heard from many of us already, and we have a good count that there's a vast majority opposed. The reason why a change in rezoning has been requested is a financial one. This is the only way that this makes this project financially profitable, and that's why we are here. The issues brought to you about traffic onto U.S.1 can be addressed by really challenging the design of the development. Do not be so easily convinced that this is not possible. Homes in our neighborhood are changing hands, they are being remodeled and families continue to move in. We ask your help and support the community, and put financial gains aside. Thank you. Chair Gort: Thank you. That concludes the public hearings. We now close the public hearings. Commissioner Sarnoff So, Mr. Chair, this is a pretty educated community that understands I think predominantly what it wants, what it has. I do think there is a problem with these four homes, and I do think these four homes need some sort of rectification. I didn't know that in 1969, this was a median street, not having lived here in 1969, but -- and I did walk the neighborhood. There's a heavy, extremely heavy prevalence of not wanting to certainly hear that they're going to get a T4. I didn't know if everybody had seen, because I had not seen the design. I specifically did not want to have to make a Jennings disclosure, because I didn't want to see it. I wanted to see it here. The only Jennings disclosure I actually had to make was for the two young ladies. But, you know, I think, to a certain degree, people get to have a say-so as to what they want and what they don't want. I think it's clear that if you went to this neighborhood, "this neighborhood" being Southwest Miami Court, South Miami Avenue, 30th Court, and to a limited degree, Brickell Avenue, it's pretty clear that they reasonably now understand this project and simply don't support it. So I think people sometimes get to choose what they want and what they don't want. The doctor did buy the property, understanding what he was buying. I think it's a problem what he bought, though. I think it's a problem that still requires us as a Commission to try to do something about. So I am prepared, but I certainly want to hear from any of you -- I know, Commissioner Suarez, you live there -- your thoughts. Commissioner Suarez: Yeah. And it's -- this is a tough one. You know, obviously, I think I can see you struggling with it; you're the District Commissioner. You know, it's interesting, because as I listen to all the residents, and we heard them the first time, and I actually watched the P&Z meeting, so I -- this is like the third time that I hear all very similar arguments. You know, when Miami 21 went into effect, the -- what was happening at the time in the City was you were getting - - particularly in Coral Way and 27th Avenue -- 16-story buildings that were next to single-family residential homes, which was, you know, just unimaginable. And at the suggestion of Grace, who's here and Miami Neighborhoods United -- I think Elvis was a prior member at the time, too - - we down -zoned Coral Way to T5; although I have to say, I remember when I was a candidate and I sat with Elvis, he made a very compelling argument that had Coral Way been T5 from the beginning, it would have developed in a nice, uniform way, and we kind of lost that. We kind of lost that opportunity. And now, I think from -- I want to say from 27th Avenue to 37th Avenue, there's over half a dozen, if not a dozen, buildings that are, you know, over 12 stories that are built just in that very short corridor. The reason why I struggle with it -- first of all, if this would have been a T4, just a straight T4, I would have not been in support of it. I mean, I think I would have come to the same conclusion that the Planning & Zoning Board and director came to on the first go around with the project. When it came back to the -- when it actually came to this Commission, they were talking about something different, which is why I think we asked them to go back to the Planning & Zoning Board and re -present their project, if you will. And these were the -- you know, sometimes, you have to be careful what you wish for, because you might City of Miami Page 134 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 actually get it, you know. And what concerned me is that under the covenant -- and I understand that there's a lot of skepticism with respect to covenants -- but under the covenant, it seems to me, just based on what I've heard and what the Planning director has told me, that this could actually be a less intense project than what could be built under the maximum allowable under the law in a T3 area, and that's what concerns me; that's my real fear. It has greater setbacks; it has a lower height than what a T3 could have when you add everything up. And, you know, there's been a lot of back and forth about whether the one ingress and egress is really a big deal, or whether the 11 is or isn't a big deal. I happen to think it's a positive for the neighborhood, but some may not agree and may not think it's such a big deal. As the Commissioner said, I did live on 3060 South Miami Avenue, and I can tell you, I was actually -- one of the reasons I was kind of running around was because I was looking at Google maps to see what it looks like today, and it looks very similar to the way it looked, except for one difference, which was that my grandmother planted a tree on the swale, and now it's a huge, massive tree. I mean, it's a beautiful flamboyant and that has -- not flamboyant. It's a -- Unidentified speaker: Yeah. Commissioner Suarez: It's a flamboyant, right? Yeah. And that actually -- now I'm really getting into way more than -- beyond the whole thing -- but there's actually one now planted in my house, in my backyard because that was the way her spirit lived on for us. She passed away in 2000 on November 30. But what's interesting is I know for a fact, because I lived there, that if I were in the pool, playing in the pool, as I used to do when I was young, and get stuck on the huge tree that is in the back corner of that lot, that you would not be able to see this project from that property. So that's another thing for the people who are on 35th -- 31st Road or South Miami Avenue -- I think Mr. Von Teuber -- I hope I'm pronouncing your name correctly -- I don't know that you all would be able to see the project, to be completely frank with you. I know you have -- you live on -- you were -- just mentioned you live on 31st Road, as well, so you would have been my neighbor. I don't know how long you've lived there, but I stopped living there a while ago, when I was about 20 years old. I'm 37 now, so 17 years ago. But I used to ride bicycle up to 30th Road -- I'm sorry -- 31st Road, South Miami and get on the Metrorail, and go over U.S.1 and that was my playground, the front yard or your front yard and that street. So, you know, I don't know that this project will be seen from that street. I don't know what the trees are on the back side. I know that on the back side of the -- my old house, there's huge -- we just saw them right now -- skinny palms that are buffering it. So when Mr. Marx who -- I don't know if he's still here or if he left. I don't see him here. One of the things that he talked about was buffering, and how could you buffer it so that, certainly, 31st Road and South Miami Court would be protected. That doesn't protect, however, 30th Road and -- I think the gentleman who came here -- South Miami Avenue. What for me is somewhat influential on South Miami Avenue is that if you're the -- if it's your back neighbor -- there's only a couple of houses -- if it's your back neighbor, the back -- I probably spent way more time on this than most people did. The back side is only 27 and a half feet. So that's significantly less than the 38 feet that you could have if it were built to the maximum size. So that's also influential for me. I know that there's major bufferings on both sides. For the 30th Avenue residents, maybe what could make it palatable for you is if we make sure that the restrictive covenant requires that the edge townhouse be no greater than 25 feet. I'm not sure if that works for you or not. You know, we've seen a tremendous spirit of cooperation from residents who have come here today, particularly on zoning matters. This is just the first reading. The other thing that I didn't think was something worth discarding and one of the things that I think everyone agreed with was even though I'm not sure how it would work, having been a youngster running around and bicycling around this area, having that area be a park. I think one of the things that maybe we can give the Administration direction on is to look into that between first and second reading. Obviously, we'd have to pay for the land plus, presumably, some sort of a profit, and I don't know what the -- I don't know what that amount would be. I don't know, you know, what your matching funds really are. You know, if you really do have a matching funds possibility, I think that would be something maybe worth considering. We've been able to pull the triggers on purchases of land City of Miami Page 135 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 very quickly. Again, I'm not sure that I would take my kid to that park because it's right next to U.S.1, but I do -- I did grow up in Wainwright, by the way. And for Mr. Marx, who is here, I would cross South Miami Avenue to get back there and ride bike, and run back there, and play basketball at Wainwright Park all the time. So I know the area very well. I understand why the residents are concerned. I think it's not as -- I'm just saying this -- I don't think it's as big a deal for 31st Road and South Miami. By the way, I also lived there for a good 15 years, so it wasn't like I just -- you know, I lived there for a long time, so -- but I can see why 30th Road would be more worried about it, and -- because that's not as much of a -- maybe it can still be buffered with the right setbacks, and I think the setbacks are greater than they would be with a single-family residential home, and maybe there are other -- you know, the height reduction on the townhouse that's on 30th Road, maybe that'll be sufficient buffering and height reduction so that the -- you know, because that's what you would get anyways. I mean, if they built a monstrosity, which is what I presume that they're likely to do to maximize the profit, as you correctly stated -- I think you were right, you know -- at the end of the day, you buy land to demolish something and then maximize the profit. And so what you can expect, I presume, is 11 of the biggest houses that will fit on those lands so that they can maximize the profit. And the question is: Is that better than what they're proposing now? And I'm not convinced that it is, but, I mean, I -- those are my thoughts on it. I'm -- you know, those are everything that I thought of and I don't know how the rest of the Commission feels. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. I'd like to begin by saying that when I saw this for the first time, I didn't think it was -- it didn't look bad; actually, it was kind of nice. However, I could tell you this: The one thing that I did listen to is the residents of that area, and the way it is right now, I don't think they're -- I think it's pretty clear they're totally against it. And again, it's -- and by the way, let me also say that I actually appreciate students coming or, you know, recently graduated students coming forward. I think, you know, we saw this earlier today, and I think they should be involved. You know, that's our future, and I think it's very nice that they do come and they get involved, so I appreciate that. But also saying it's -- clearly, that the residents, the ones that are going to have to live with this development, day in and day out, day to day, are against it, and I think their voice is loud and clear. And in all fairness, this Commission has had a reputation for -- since -- at least since I've been here -- of listening to the neighbors, and I don't think we should begin, you know -- Commissioner Suarez: Parting from that. Commissioner Carollo: -- parting from that; I really don't. So I don't know if there could be some type of agreement or consensus in the near future or not, but the way it stands right now, clearly, there's opposition from the residents that live there, and I think that, you know, we should hear them; which makes it tough, because usually, I yield to the District Commissioner, Commissioner Sarnoff but I think you've even recognize that, you know, there's clear opposition to it so -- Commissioner Sarnoff I'm actually inviting you guys -- Commissioner Carollo: Right. Commissioner Sarnoff -- to say what you're saying. I'm not resisting, because, obviously, politics, being whatever it is, people will say things. So I'm inviting your thoughts. I mean, I gave you my thoughts before I listened to what you had to say. Commissioner Carollo: And I am glad, because, I mean, I've said it already. You know, I City of Miami Page 136 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 thought we established -- and I could name various votes that this Commission took together. And let me be clear, it wasn't sometimes without debate and discussion, and even passionate discussion, but the bottom line is, you know, since I've been here, I thought we established that this Commission does hear the voices of the residents. And I don't want to begin parting from that, so I really believe that the way it stands right here, I, in good heart, cannot vote in favor of this. Chair Gort: Well, let me tell you, the -- I think having the students is very important, the architects, because now, they need to understand when they're going to design something, they should get in all of the neighborhood; make sure they talk to the neighborhood, like I stated before, and talk to them and come up with some real good resolution. It's not my district; it's up to you. I think one of the main concerns, which it was a very good point that was brought out by this gentleman, is people taking South Miami Avenue and turning on 30th Street. And then when you're talking about the -- what is it, 18 of them? -- two car per homes; most of the time, it's not only two, you probably have three, four, so the traffic is going to increase, so one of the things that (UNINTELLIGIBLE). If you want to pass it on first reading and then let them continue to talk to the neighborhoods. The corner lot on South Miami Avenue, maybe they can create an entrance in there so people are going to have to go all the way to 30th Avenue. This is just food for thought. And I think when people (UNINTELLIGIBLE). One of the things I used to recommend all the time when I used to be in the Zoning Board way back is people should get together, discuss it even a little bit more, and I'm sure we can come to a compromise. There is -- really, that property, it's been vacant for I don't know how many years now, but, I mean, we all have gone through that corner and we've seen it. Something needs to be done there. I don't know if they gave the funding for the park or whatever, but -- and those are just my thoughts. Commissioner Sarnoff Let me close with a comment to Commissioner Suarez. If you look at this map right here and you look at the number 770, which is the corner house on Southwest 30th Street and South Miami Avenue. Commissioner Suarez: Thirtieth Road? Commissioner Sarnoff Right. I lived there for four years -- Commissioner Suarez: That's right. Commissioner Sarnoff -- from 1987 to 1991. And living just to the south of me was a man by the name of Xavier Suarez, who I believe was the Mayor at that time. I didn't even know that. I used to walk up. He was driving, I think, a BMW (Bavarian Motor Works) convertible. Commissioner Suarez: Naw, that's definitely not him, no. Commissioner Sarnoff. And I didn't even know who he was. We used to always talk. And I didn't know he was the Mayor of Miami, by the way. And at that time, I -- Commissioner Suarez: I didn't either. I just called him "dad, papi." Commissioner Sarnoff Right. So I actually lived there for four years. I thought it'd be interesting for you to know. You were probably a lot younger, and I was a 26-year-old lawyer, I think, at that time, so. All right. Chair Gort: And Francis was two. Commissioner Sarnoff He probably was two years old; he was very young. I'm going to do a motion to deny PZ.11. City of Miami Page 137 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Gort: Been moved and second. Any further discussion? Being none, it's an ordinance. Mr. Hannon: No. It can be voted straight up or down. Chair Gort: Straight up and down, okay. All in favor, state it by saying "aye." Chair Gort: Aye. Commissioner Sarnoff. Aye. Vice Chair Hardemon: Aye. Commissioner Suarez: Aye. Commissioner Carollo: Aye for denial. PZ.12 ORDINANCE First Reading 14-00729zc 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 14-00729zcAnalysis, Maps & PZAB reso.pdf 14-00727zc Application & Supporting Docs.pdf 14-00729zc-Submittal-Commissioner Sarnoff-Green Gateway to the Grove Vizcaya Neighborhood 14-00729zc-Submittal-Grace Solares-Petitions Opposing Zoning Change.pdf 14-00729zc-Submittal-Southeastern Investment Group CEN Development-2900 South Miami Aver 14-00729zc-Submittal-Southeastern Investment Group CEN Development -Summary of Covenant 14-00729zc-Submittal-Zemirarizo Padron and Liz Galvo-Aerial Maps and Traffic Pctures.pdf 14-00729zc-Submittal-Reinaldo Borges -Proposed Townhouse Development.pdf 14-00729zc-Video Presentation -Bob Lui-Proposed Townhouse Development.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 City of Miami Page 138 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Investment Group Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 14-007291u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with the proffered covenant, on May 6, 2015 by a vote of 6-1. 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 Carollo, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Please see Item PZ.11 for minutes referencing Item PZ.12. Commissioner Sarnoff. Do you need to do PZ.12, as well, or you're not? Barnaby Min (Deputy City Attorney): I would suggest you do; although PZ.12 can't pass, obviously, without the land use change, but just for the sake of clarity for the record (UNINTELLIGIBLE). Commissioner Sarnoff. I'll do a motion to deny PZ.12. Commissioner Carollo: Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. PZ.13 ORDINANCE 14-01075zt Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 7, SECTION 7.2, ENTITLED "PROCEDURES AND NONCONFORMITIES," TO MODIFY PARKING REQUIREMENTS FOR ADAPTIVE USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-01075zt SR Fact Sheet.pdf 14-01075zt PZAB Reso.pdf 14-01075zt Legislation (v4).pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. City of Miami Page 139 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 PLANNING, ZONING AND APPEALS BOARD: Recommended approval on November 5, 2014, by a vote of 7-0. PURPOSE: This will allow non -conforming buildings with less than the required on -site parking, or no parking, to continue to exist with vested rights while emphasizing the intent of the Miami 21 Code to promote rehabilitation, restoration and adaptive uses on existing buildings. NO ACTION TAKEN Chair Gort: PZ.II. Francisco Garcia (Director, Office of Planning & Zoning): I believe that PZ.13 is the next item up for consideration. PZ.11 and PZ.12 were scheduled for a time certain. Chair Gort: Yeah, I hear you. PZ 13. Mr. Garcia: Yes, sir. Item PZ.13 is an amendment to Miami 21, the Zoning Ordinance; in particular, to Article VII. This is before you on second reading. It is an ordinance that seeks to amend the section of the Zoning Ordinance that pertains to nonconforming site improvements; and in particular, to nonconforming site improvements to adaptive uses, as set forth before uses that are intended to occupy a building that was designed for other purposes. And the concern we have heard previously in other hearings is that the exemption from some buildings that were intended originally to be used as residential uses into office or commercial may underserve the parking provisions, and may therefore trigger some sort of an impact on a neighboring residential area. For that purpose, we've proposed as part of this ordinance some amendments that I'd like to cover very quickly; they are really, essentially, two. One is we are proposing as part of this amendment not to make these adaptive use exceptions eligible for property zoned T3 or T4-R, because these are where you would expect to find low density residential uses. And we are also not allowing these changes to be applicable to buildings that were originally designed either for single-family duplex or lodging purposes, since their parking requirements historically have been lesser than for commercial or office properties. There is one more change that we've suggested as part of this ordinance that I'd like to discuss a little further, and it is that we would distance the eligibility for adaptive use, reduction of parking to 500 feet away from a T3 transect zone, so that's the 500-foot buffer that exists elsewhere in the Zoning Ordinance. Now, that particular component of the ordinance deserves perhaps a little further scrutiny. I have prepared for you a map, and I have it also electronically if you care to see it on your screens. We are somewhat concerned that to put in place the 500-foot buffer might have the unintended effect of rendering some industrial properties, in particular, which are somewhere close to residential areas. Chair Gort: (UNINTELLIGIBLE). Mr. Garcia: And I will show you that, also, with the help of the Audiovisual Department on your screens should be coming up shortly. So what you see there is a map of the City of Miami, the different zoning sections. And the areas that you see -- I hope you can see them well -- shaded or hatched are the buffers between the yellow zones, which are T3 zones and all the other areas around it. And what you will see is that in some corridors and in some areas that are zoned industrial, or commercial, or mixed use, they are essentially precluded from having those adaptive reuses happen with the parking reduction. We think the better measure -- we wanted to publish a proposed amendment that was more protective for your consideration, but we wanted to have this conversation at the dais, because we think, perhaps, the better measure is to simply provide a buffer that says the adaptive uses cannot apply for the parking exemption if they are abutting T3, as opposed to 500 feet away from T3. The reason for that, I say again, and you see it here illustrated in the graphic is these buffer areas are rather large, and if you have an City of Miami Page 140 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 industrial commercial corridor near a residential area, then that precludes that entire commercial corridor from doing adaptive reuses. So we think -- in summary -- I'm sorry -- we think that to restrict the conversions or adaptive uses with parking exemptions from happening in T3 or T4-R areas, number one; and to not allow buildings or structures that were originally intended to have residential or lodging uses -- "residential, " meaning single-family or duplex residential -- suffices the additional protective measure would be not to allow these adaptive uses to take advantage of the parking reduction if they are abutting a low density residential area; again, T3 or T4-R and we propose that last change in lieu of the buffer zone. I hope I've covered it clearly, but I'm certainly happy to answer any questions. Chair Gort: Question. The area you have circled, what's that area? Mr. Garcia: The areas that you see in the image, the areas that you see hatched, which, I think, in the image may appear like a gray shaded area, those are areas that would be exempt by virtue of the buffer in the ordinance. It would be exempt from applying for an adaptive reuse with a parking reduction, right? And we think that that may be excessive. There are some corridors that are basically negated by these buffer zones. We think abutting T3 or T4-R is a better measure -- a better proposal than the 500-foot buffer zone, but we'll leave that for your consideration. I think you will hear from parties if they care to make presentations, both in favor and against. We happen to think -- we, your Planning & Zoning Department -- think that restricting the abuttance [sic] of the adaptive uses from those exemptions is a better way to go. We're happy to entertain any questions. Chair Gort: Okay, thank you. It's a public hearing. Is anyone in the public would like to address this issue? Elvis Cruz: Commissioners, Elvis Cruz, 631 Northeast 57th Street. I want to thank the Planning Department for coming up with this modification; very nice. This will be very protective. As I've mentioned at this podium several times before, we have 10 separate original single-family homes along Biscayne Boulevard, and a perfect storm had taken place in that they were up -zoned from single-family to commercial, and -- I take it back. They were up -zoned from single-family to office, and then office was changed to commercial. And now, with the parking exception that had been in place, they could be adaptively reused as restaurants, and one of them is in the process, and that was very harmful, so this is a terrific thing. The 500-foot buffer, that is an excellent idea. I would ask that you please keep it in the language. I do have two minor corrections or suggestions, and if -- especially the two attorneys on the dais -- if I could draw your attention to the proposed legislation, the fourth line from the top, where it says "adaptive use," there is a comma after "adaptive use, " which I believe is a little misleading, and doesn't need to be there, because then it would read, `Adaptive use shall not require the provision, " et cetera. So they may have left a comma in unnecessarily there. But more importantly, the sixth or seventh line down, which is underlined, it says, `If the prior use of such structure was single family," et cetera, I strongly urge you to consider changing the word, "the" to "a," so that it reads, `If a prior use of such structure was single family, duplex or lodging" Commissioner Sarnoff Where are you reading? Victoria Mendez (City Attorney): Yeah, I can't follow you, Mr. Cruz, I'm sorry. Commissioner Sarnoff I actually have a comma; I got that, but I don't know where you're reading from now. Ms. Mendez: I couldn't even find the comma, but -- Mr. Cruz: Okay. One, two, three, four, five, six, seven lines from the top, "applicable State or Federal law" is crossed out, and then it says, `If the prior use of such structure." Is it possible City of Miami Page 141 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 that you're not seeing the latest? Because it came up -- Commissioner Sarnoff I got you. `If the prior use",- we got you. Mr. Cruz: Okay. `If the prior use " -- Commissioner Sarnoff Was single family. Mr. Cruz: Yeah. The word, "the," conveys the idea that the immediate prior use was single family. And suppose that single family had already been changed to office; then someone could argue that that doesn't apply. However, if "a" prior use -- Commissioner Sarnoff A prior use. Mr. Cruz: -- "was single family," then that would be more protective, because you know about loopholes; people love to find loopholes. So I would ask you to please consider that minor modification that will tighten it up; and yes, please keep in the 500-foot buffer zone. Thank you. Chair Gort: Thank you. Francisco. Mr. Garcia: Yes, sir. I've highlighted the particular use of the word, "the," that Mr. Cruz is making reference to in your screens. I know you probably have found it already. And to that end, I think -- or we would propose that "the" is the correct word to use for the following reason: If the immediate prior use is office or commercial -- in other words, if that conversion from residential to commercial has already taken place in the past -- then allowing it to remain is simply to grandfather the use, which is a very well established principle, and any owner of land or purchaser of land would assume that they are able to enjoy the same use that the property has enjoyed in the past. So if that conversion has already taken place, we believe it is proper to consider continuing that conversion. However, if it is a new conversion that is being proposed, then we feel strongly that, yes, that new use under these conditions should be outfitted with the proper amount of parking. Chair Gort: Okay. Mr. Cruz: May I respond to that, please? Chair Gort: Excuse me, let the attorneys answer that. Mr. Cruz: Okay. Commissioner Sarnoff So the intent of this is, if, in my string of title -- I'm sorry; is that all right, Mr. Chair? Is that all right? Chair Gort: Yes, sir. Commissioner Sarnoff So if, in the string of title somewhere, there was -- it started out as a single-family house and it's been an office for 20 years, then you're saying the use was, obviously, office; not a single-family house, even though it was built to be a single-family house. Mr. Garcia: Precisely. And to make it clear -- and you're exactly correct -- but that conversion has already taken place, and that property and their property owners have already enjoyed the benefit of those improvements. Commissioner Sarnoff So your intent of which is to grandfather in whoever's using that property as they had been using the property. City of Miami Page 142 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Mr. Garcia: To recognize the grandfathered status of the property; that's correct. Commissioner Sarnoff And you don't want that. Mr. Cruz: Well, my question is -- and giving you specific examples -- if a single-family house has been used as an office for many years, under this law, if they then convert it to a restaurant, would they be allowed to enjoy the same parking waiver? Mr. Garcia: That is correct, with the caveat that that conversion has to have happened in a legal and recognizable fashion; meaning through a certificate of use and other applicable documents, and building permit, et cetera, so it cannot be a de facto change of use simply because someone has been using a single-family residence as an office; that does not vest it, as you well know. It would have to have gone through a conversion process, and all we're saying is, once that conversion process has taken place legally, then we would do well to recognize it as a grandfather condition. Commissioner Sarnoff So then his point being if, in fact, they went through this recognized change of use many years ago, and it is now an office, and they want to become a -- Chair Gort: Restaurant. Commissioner Sarnoff -- Starbucks or whatever, then they would be able to track onto the fact that they are a commercial establishment, and not be subject to the fact that they were first built as a residence. Mr. Garcia: That is correct. And the other underpinning reason for it is the fact that, presently, under Miami 21, the parking requirements for office and for commercial happens to be the same. Commissioner Sarnoff The same, yeah. Chair Gort: Okay. Mr. Cruz: Yeah, that's a big problem. Chair Gort: Yeah. Yes, sir, you're recognized. Bennet Pumo: That would not be a problem, because you're talking about prior use of a such structure, so it would have to be not if there was a house built in 1920. Chair Gort: Excuse me. Mr. Pumo: Yes, sir. Chair Gort: And you are? Mr. Pumo: Oh, I am Bennet Pumo, 7327 Northwest Miami Court, Miami, Florida, with Ben Pumo Building Corporation. As far as the whole ordinance here, I'm glad to see things are done the way they are. We have it here, where on your 500-foot setback, it would be tied to if the structure was single family, duplex, lodging and the site is less than 500 feet, so the 500 feet would be the caveat that we would need to keep that particular residential -used structure in the 500-foot setback area, or buffer area. It would not apply to a commercial structure that you have on that. You would -- so the only thing that would have to be added, as Mr. Garcia proposed, was that if the commercial structure abuts the T3, then you lose your exemption, and that's the way it -- that's what -- the only thing that would be added to this. As far as the "a" or City of Miami Page 143 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 the "the," I don't think it makes a difference, because you're talking about the existing structure, not a prior structure that might have sat on that property in 1910. So as far as it looks, it looks pretty good on this end. I appreciate all your time on this, guys. Chair Gort: Thank you. Francisco. Mr. Garcia: I'm happy to answer any questions. Mr. Cruz: Mr. Chair. Chair Gort: Yes, sir. Mr. Cruz: Thank you. Even though, as Francisco has stated, the parking requirements for office and commercial are the same, I can tell you from experience, there's a world of difference between a single-family home being used as an office and it being used as a restaurant. There are far, far more parking demand in a restaurant. Those houses along Biscayne that have been offices for decades, there's never been a -- much of a complaint about parking there, but one's trying to become a restaurant now, and it's very, very -- Chair Gort: Thank you. Mr. Cruz: -- problematic. Chair Gort: Okay. We're now going to close the public hearing. Mr. Pumo: All right. That -- Chair Gort: Thank you. Commissioner Sarnoff That -- Chair Gort: My question is, my understanding is commercial requirements are different, but also, it differs between the uses of commercial; am I correct? Mr. Garcia: All commercial uses and office uses have the same parking requirement; that happens to be three spaces per 1,000, but this is probably a good time for me to emphasize -- and I hadn't done it previously -- Chair Gort: Right. Mr. Garcia: -- and it's already in the ordinance that any such adaptive use exemption has to be done through a waiver, and through a waiver process, we have the ability to consider, as Mr. Cruz appropriately points out, whether the change, as proposed, makes sense, has a potential adverse impact; and if it does have a potential adverse impact, then we can provide curative measures through the waiver process, too. And as you well know, the waiver process is also appealable, so if there are any affected parties, they can always use that as a recourse. Chair Gort: Thank you. Commissioner Sarnoff So, Mr. Garcia, one of the properties that Mr. Cruz talks about is on Biscayne Boulevard, adjacent to, I think (UNINTELLIGIBLE) redo of something, which I think shared use parking would work, certainly, in the evening hour. I don't know how it would or would not work for lunchtime, because, obviously, offices are going to be there in the morning, and the afternoon and probably not there in the evening, or certainly reduced. That particular property, that was used previously as office, or that was used previously, simply as a residence? City of Miami Page 144 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 I don't know; I'm asking. Mr. Garcia: I don't know, to be exact. I will tell you, though -- and I'm sorry, again, to not necessarily answer your question directly, but to also introduce, I think, relevant information -- I would encourage everyone to think about restaurants, not as a single category of uses, but as a fairly broad range of uses, going from national franchises, which seem to be large and very impactful in terms of parking demands, and small and intimate gourmet restaurants that can really be very limited in terms of seating capacity. And so instead of painting it with a broad brush, we would do well to allow ourselves to consider each application based on its own merit. As pertains to the property that you're referring to, that property happens to be before us presently in an application for a warrant, which also subsumes a waiver in there, because of the mitigating circumstances; the fact that it is immediately abutting a well -established residential area and the fact that the structure itself is limited in size. We will take those factors into consideration and require that additional parking is provided to satisfy any parking demand onsite to the extent feasible, and I think there is certainly ample room to do that. Chair Gort: Thank you. Mr. Cruz, we're having a discussion among the Commissioners. We closed the public hearings. Thank you. Commissioner Sarnoff Well, I want to move the process along, so I'm going to -- Chair Gort: You want a -- Commissioner Sarnoff -- move to defer. Chair Gort: -- motion to defer until we have all the Commissioners. Commissioner Sarnoff Is this second reading on this? Chair Gort: Second reading. Mr. Garcia: It is, sir. Ms. Mendez: If we can, that was a good suggestion, because we just have a little discrepancy that we -- Commissioner Sarnoff Okay. Ms. Mendez: -- have to figure out. Commissioner Sarnoff So you want to table it, or you want to defer it to the next --? Chair Gort: Table it. Commissioner Sarnoff Defer it or -- table or defer. Ms. Mendez: I just need like five minutes and then -- Commissioner Sarnoff Let's table it. We're going to end up taking a break anyway. Chair Gort: Guys, we got to stay here till 6 anyhow. Vice Chair Hardemon: Yeah. Apparently, the Clerk doesn't like us to use language that isn't written down, like "table." I like the word, "table," because then -- City of Miami Page 145 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Todd B. Hannon (City Clerk): "Table" is fine. Vice Chair Hardemon: -- you can take it from the table. Mr. Hannon: But "deferred table" doesn't -- Commissioner Sarnoff If you want it, I -- we'll table it and see if the other Commissioners want to bring it up later on tonight. Table -- Mr. Hannon: "Tabled" is fine. Commissioner Sarnoff That's fine. Vice Chair Hardemon: Right. So, there, see? Commissioner Suarez: I like that. Commissioner Sarnoff We're done till 6 o' clock. Later... Chair Gort: PZ 15. Mr. Hannon: Chair, we did table PZ.13 from this morning -- I mean this afternoon. Chair Gort: Thirteen, PZ.13. We tabled PZ.13. Mr. Garcia: Yes, sir, I'm ready to proceed. Chair Gort: Okay. Pepe, Pepe, give us a break. We got a long night. Mr. Garcia: As pertains to item PZ.13, we have discussed some of the differences that were made -- that you were made aware of previously, and we've reconciled the apparently different versions of the same ordinance that we had. So now the City Attorneys Office and the Planning & Zoning Department are both reading from the same version. The issues continue to be the same. The issues before you are essentially two. One issue was brought up by Mr. Cruz, and that is the question of whether the word that appears now on the proposed amendment, which is the word, "the," -- in context, it reads, "If the prior use of such structure," et cetera. And Mr. Cruz had suggested that "a" -- in context, it would read, "If a prior use of such a structure was a single-family residence, " and then -- as the active language for the ordinance. Again, your staff recommendation is that it continue to be "the, " as proposed, and the reason for that is that that would recognize the vested use and the vested parking requirements. The other issue that remains or I suppose came up as part of the previous dialogue was whether it should be a 500-foot buffer, as presently in the ordinance, or whether it should be simply abutting T3 or T4 -- T3 or T4-R, and again, although the ordinance has 500-feet buffer, we've made the argument that possibly abutting would suffice, as abutting properties are the ones that suffer the most direct impact. With that said, I'm happy to answer any questions you may have. Chair Gort: Okay, thank you. We had the public hearing then; it was closed. I need a motion, discussion; what do you want to do? This is the second reading, PZ.13. Commissioner Sarnoff How did we end up with the same three people? I thought -- Chair Gort: That's the way it goes. Everybody's -- City of Miami Page 146 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Commissioner Sarnoff. -- the idea was to hear it on the whole Commission. Vice Chair Hardemon: They have the -- it was. Commissioner Sarnoff. I -- Chair Gort: Can somebody tell the Commissioners the reason we tabled this cause we want to have all five Commissioners here? Commissioner Sarnoff. So isn't the way to do this is to say, "Mr. Clerk" -- Chair Gort: Okay. Commissioner Sarnoff. -- "round up the Commissioners"? Chair Gort: Do I have a motion to adjourn? Mr. Hannon: Hold -- wait -- Elvis Cruz: So this'll be heard another day? Chair Gort: Motion to adjourn. Mr. Hannon: Yeah, at the next like meeting. We will show it as no action taken. Mr. Cruz: Mr. Clerk, can you clarify? Does this mean that the item will be continued to another --? Chair Gort: Hope he come back. Mr. Hannon: Yes, sir. Mr. Cruz: Okay. Mr. Hannon: "No action taken" means it will be continued to -- Chair Gort: You'll get another chance. Mr. Hannon: -- the next like meeting -- Mr. Cruz: Thank you. Mr. Hannon: -- which would mean the Planning & Zoning meeting in June. Mr. Cruz: Okay. PZ.14 ORDINANCE 15-00323ct First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY AN EXPEDITED STATE REVIEW PROCESS PURSUANT TO SECTION 163.3184(3), FLORIDA STATUTES BY AMENDING AND ADDING SPECIFIC GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE City of Miami Page 147 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 INCLUDING POTABLE WATER, COASTAL MANAGEMENT, NATURAL RESOURCE CONSERVATION, CAPITAL IMPROVEMENTS, AND INTERGOVERNMENTAL COORDINATION ELEMENTS; INCORPORATING A 20-YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE; AS REQUIRED BY FLORIDA STATUTES, CHAPTER 163.3177(6)(c)3; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00323ct FR Fact Sheet.pdf 15-00323ct PZAB Reso.pdf 15-00323ct Legislation (v2).pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 15, 2015, by a vote of 6-2. PURPOSE: This will amend goals, objectives and policies of the Future Land Use, Potable Water, Coastal Management, Natural Resource Conservation, Capital Improvements, and Intergovernmental Coordination Elements; and incorporate the City's 20-year Water Supply Facilities Work Plan Update into the City's Comprehensive Plan as required by Chapter 163, Part II, F.S. Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Chair Gort: PZ 14. Commissioner Sarnoff. Is there a PZ.14? Francisco Garcia (Director, Office of Planning & Zoning): Sony; yes, sir. Item PZ.14 is before you as an amendment to the Comprehensive Plan of the City of Miami, and this is basically to adopt before you on first reading today the City's 20-year water supply facilities work plan update, as required by State Statute -- I'm sorry -- by Chapter 163 of the State Statute. You have the backup material there. I'm happy to answer any questions. Suffice it to say that we are presently in compliance with all applicable standards, and based on projected growth, as well as projected demand for water services, if nothing changes, we are well under compliance until the year 2033. At that point in time, either our demand will be reduced somewhat, or facilities will be improved in terms of our capacity to allow for additional growth; but from now until 2033, we have found that we are in good shape. Commissioner Sarnoff. So move. Chair Gort: Okay. Victoria Mendez (City Attorney): And this also -- City of Miami Page 148 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Chair Gort: It's moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. It's a public hearing. Is anyone in the public like to address this issue? Bennet Pumo: I'm Bennet Pumo, Bennet Pumo Building Corporation. The reason why I was here on this, I saw there's a 20-year agreement between Miami -Dade Water & Sewer Authority, and there's a lot of stuff in here that talks about -- I'm not too familiar with it, but what I can see in here is the Miami -Dade Water & Sewer Company is invading [sic] the City's certificate of use process and charging impact fees to people that are already in existing buildings that have existing water meters and existing services, and they seem to have set their own set of impact fees for just a change in tenancy rather than new development. So within your -- within the package here, on page 5 of 7 and Policy Number IC1.1.910, I would like to see in there that the new -- that -- it says "requiring applications "; that would be new building permits -- if there were something that would be new or something that's going to be changed in foot -- square footage, but if you're going to maintain your same imprint, and your footprint, and your same sized warehouse, or a warehouse that has the occupancies that have always been there -- right now, Miami -Dade Water & Sewer Company has taken "warehouse" and changed it from a facility to a use, and they have required now that all of our buildings are shell warehouses, and that this is the first time they're becoming occupied because of these new ordinances, and they're being subject to impact fees, so I need you to take a look at that. And also, as far as the water, the consumption, from now until 2035, it's only a 4.6 percent increase in the finished water, so the impact fees that they're charging, I think are kind of moot, because of what they -- the increase is already there. They only have a four percent increase to come up with for 2035. So I don't know who reviews them. I think they're subject to County only, but I think the City needs to get in there and see what's going on with how they're extorting money from all of our tenancies and all of our small mom and pop shops in town. Thank you. Chair Gort: Thank you. Francisco. Mr. Garcia: I'm not sure that was a question; I think it was more of a statement. What I can tell you, though, is that, as pertains to this particular element, it is the South Florida Water Management District that we engage with. Water & Sewer, as Mr. Pumo noted, is a County agency, and the City Commission as the Board of the Municipality, has no authority over the establishment of impact fees or other rates, so we're outside of our domain as far as that goes, and outside of our ability through the Comprehensive Plan to really regulate those issues. What I can say is that to the extent that infrastructural improvements by Water & Sewer are required. They, in their relationship with the South Florida Water Management District are bound to comply with these requirements as set forth, so that's the -- that's our ability to ensure that water services are provided appropriately, according to standards and concurrency to citizens of the City of Miami or businesses in the City of Miami; to that extent, we do have regulatory authority, and that is what we are proposing as part of this plan. Chair Gort: Thank you, sir. Look, we're going to discuss it among ourselves. Mr. Pumo: Yeah, I know. Chair Gort: I don't want you talking about -- and let me tell you something. I'm the one that wants to fight Water & Sewer; I want to fight DERM (Department of Environmental Resource Management); I want to fight all the County authority that they imposed on us. I mean, we had several areas in our districts that we were not able to build because they had a moratorium because they were not able to do what they needed to do, so we understand what you're saying. We had the same problem. My understanding, they keep telling us, says we got to follow it. City of Miami Page 149 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 Vice Chair Hardemon: 1'll move it. Chair Gort: It's been moved by Commissioner Hardemon. Todd B. Hannon (City Clerk): Chair, we are good to go. Commissioner Sarnoff moved the item with a second by Commissioner Hardemon. The public hearing has been opened and closed. We now may proceed with the -- Madam City Attorney reading the title into the record. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.14. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. Chair Gort: We'll break and come back at 6 o'clock. Mr. Garcia: Sir, would you -- Mr. Hannon: Chair, there -- Mr. Garcia: I'm sorry. Would you consider entertaining item PZ.15? Chair Gort: Go ahead. Commissioner Sarnoff. Go on; you have quorum. Mr. Garcia: That's PZ.15 as opposed to PZ.13, but happy to stand by. Chair Gort: Okay. See you all at 6. I hope we have quorum. PZ.15 ORDINANCE 14-01304zt1 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7 "PROCEDURES AND NONCONFORMITIES" TO CLARIFY LANGUAGE ON TIME EXTENSIONS OF NONCONFORMING USES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 14-01304zt1 FR Fact Sheet.pdf 14-01304zt1 PZAB Reso.pdf 14-01304zt1 Legislation (v2).pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on March 24, 2015, by an 8-0 vote. City of Miami Page 150 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 PURPOSE: This will amend Article 7, Section 7.2.6 "Nonconforming Uses" of the Miami 21 Code to emphasize the intent of the Code by introducing language to clarify that the time extension on nonconforming uses is measured from the time that the Use became nonconforming. NO ACTION TAKEN END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 14-01117 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 NO ACTION TAKEN City of Miami Page 151 Printed on 6/22/2015 City Commission Meeting Minutes May 28, 2015 D4.2 15-00441 ADJOURNMENT DISCUSSION ITEM DISCUSSION REGARDING ACQUIRING PORTION OF LUDLAM TRAIL WITHIN CITY OF MIAMI BOUNDARIES. NO ACTION TAKEN DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) The meeting adjourned at 7: 59 p.m. City of Miami Page 152 Printed on 6/22/2015