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HomeMy WebLinkAboutCC 2015-06-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 25, 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 June 25, 2015 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BU - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 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 25th day of June 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 11:54 a.m., reconvened at 3: 03 p.m., recessed at 6: 06 p.m., reconvened at 6: 20 p.m and adjourned at 8: 06 p.m. Note for the Record: Commissioner Carollo entered the Commission chamber at 9:05 a.m., Commissioner Suarez entered the Commission chamber at 9:06 a.m., and Vice Chair Hardemon entered the Commission chamber at 9: 26 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniell Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Good morning, everyone, and welcome to the June 25 meeting of the City of Miami Commission at these historic chambers. The members of the City Commission are Frank Carollo, Francis Suarez, Marc Sarnoff; Vice Chairman Keon Hardemon; and myself Commissioner Wifredo "Willy" Gort, Chairperson. At this time, also, on the dais we have the -- Alfonso -- Daniel Alfonso, City Manager; Victoria Mendez, City Attorney; and Todd Hammon [sic], the City Clerk. This meeting will be opened with a prayer by myself and there'll be a pledge of allegiance by Commissioner Sarnoff. Would you all stand, please. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 15-00803 PRESENTATION Honoree Presenter Sofia de la Pena Mayor Regalado Juan Orta Mayor Regalado Elijah Wells Mayor Regalado Natalie Rodriguez Commissioner Suarez Pedro Mesa Commissioner Suarez Dwight Danie Mayor Regalado and Commissioners City of Miami Department of Capital Improvements and Transportation Gordian Group Protocol Item Certificate of Appreciation Salute Salute Certificate of Appreciation Certificate of Appreciation Proclamation Harry Mellon Job Order Contracting City of Miami Page 3 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 City of Miami Employees 25, 30, and 35 year service milestone 15-00803 Protocol Item.pdf PRESENTED City Manager Award of Excellence Service Award 1) Mayor Regalado presented a Certificate of Appreciation to Sofia Victoria de la Pena for her extraordinary job in creating "Fit Kids Day "; recognizing her commitment and dedication to fellow children of South Florida by keeping children of all ages fit and healthy. 2) Mayor Regalado presented a Salute to Juan Orta, City Employee in the Office of Communications, for his contribution to the elevation of creative expression in South Florida by making films such as "Wireless "; furthermore applauding his efforts to elevate the City of Miami through the art of filmmaking and bringing a spotlight to Miami. 3) Mayor Regalado presented a Salute to Elijah Wells, for his artistic talent as a film maker, actor and producer; honoring his dedication to art and creativity; furthermore recognizing his role as a valuable contributor to the Overtown community and honoring his film work and contribution to cross-cultural harmony through filmmaking. 4) Commissioner Suarez presented a Certificate of Appreciation to Pedro Mesa from Sedano Supermarket, thanking him for his commitment to civic responsibility and communal welfare through valuable support to the City of Miami; furthermore expressing gratitude for his commitment to elevate the quality of life in Miami, an oasis in the global community that owes its wonderful vitality to the generosity of an individual like Pedro Mesa. 5) Commissioner Suarez presented a Certificate of Appreciation to Natalie Rodriguez from Republica, recognizing her wonderful commitment to civic responsibility and communal welfare; moreover expressing gratitude for her commitment to elevate the quality of life in the City of Miami. 6) Mayor Regalado presented a Proclamation to Dwight Danie, Elections Coordinator for the Office of the City Clerk, proclaiming Thursday, June 25, 2015, as Dwight Danie Day'fn the City of Miami, recognizing his service to the City of Miami for the past nine years and applauding his skills and knowledge with the election process. 7) The City Manager, Daniel J. Alfonso and the Gordian Group presented the Harry Mellon Job Order Contracting Award of Excellence to the City of Miami Department of Capital Improvements and Transportation for completing the MDP Helicopter Pad Capital Project on time and within budget; furthermore recognizing their excellence in best practices that exemplified and delivered high value, time and cost efficiency for the construction process of the helipad. 8) City Manager Daniel J. Alfonso presented Service Awards to various City of Miami employees for their 25, 30 and 35 years of service milestone, commending them for their dedication and commitment to the City of Miami; furthermore thanking them for their hard work and dedication as City Employees. Chair Gort: At this time we'll have some presentations. Mayor Regalado, you're recognized. City of Miami Page 4 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 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: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez MAYORAL VETOES ORDER OF THE DAY Chair Gort: Do we have any minutes to approve? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the Planning & Zoning meeting minutes from May 28, 2015. Chair Gort: Do I have motion? 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 further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: Mr. Clerk, do we have any Mayor's veto? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Thank you. Chair Gort: Mr. Manager? Daniel J. Alfonso (City Manager): Yes, sir. Mr. Chairman -- Chair Gort: City Attorney, will you go over the -- Mr. Alfonso: -- I believe we have some presentations, Mr. Chairman. Chair Gort: Well, let me -- City Attorney go over the procedures to be followed. Victoria Mendez (City Attorney): Good morning. I'll state the procedures to be followed during this meeting at this time. Any person who is a lobbyist must register with the City Clerk and comply with 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 of Miami Page 5 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 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 of or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings, and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce, if they have the items already, which items will be either deferred, substituted or withdrawn. Thank you. Chair Gort: Thank you, ma'am. Later... Chair Gort: Mr. Manager, do we have any item you'd like to defer? Mr. Alfonso: Yes. Mr. Chairman, we have a withdrawal of SR.1. Chair Gort: SR. 1? Mr. Alfonso: SR.1, Second Reading 1. We have been informed that Commissioner Suarez will be deferring item D4.2 to the -- Chair Gort: D4.2. Mr. Alfonso: -- September 10 agenda. Chair Gort: Okay. Is that it? Mr. Alfonso: RE.5, which is the PACE (Property Assessed Clean Energy) Program item, will also be deferred. Todd B. Hannon (City Clerk): Mr. Manager, till when? Mr. Alfonso: For the second meeting in July. Mr. Hannon: Yes, sir. Chair Gort: Okay. Mr. Alfonso: I think Commissioner Hardemon was going to defer RE.7, but -- yes? The -- yeah. Yes, Commissioner Hardemon is deferring RE.7. Chair Gort: RE.7. Okay, will you go over all the numbers again for everyone, please? City of Miami Page 6 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Alfonso: Okay. Commissioner Hardemon, deferring RE.7; RE.5, which is the PACE program, is deferred also to the second meeting in July; item SR.1 is withdrawn; and Commissioner Suarez' item, D4.2, we were informed is deferred to September 10. Mr. Hannon: And my apologies, Chair. Mr. Manager, for item RE.7, that's being deferred to July 23? Mr. Alfonso: Correct. Mr. Hannon: Thank you. Chair Gort: Thank you, sir. Any other Commissioner would like to defer or pull any items? Vice Chair Hardemon: Mr. Chairman, as I understood, FR.2, is that also on the list? Mr. Alfonso: The Mayor is going to address that -- Vice Chair Hardemon: Oh. Mr. Alfonso: -- Commissioner. Chair Gort: Okay. Any Commissioner would like to --? Commissioner Sarnoff So moved. No. 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 further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. City of Miami Page 7 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 CONSENT AGENDA CA.1 RESOLUTION 15-00673 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney PAYMENT OF $35,000.00, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI, IN THE CASE OF DALE MILLS VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 11-15374 CA 13, UPON THE DISMISSAL OF THE CITY OF MIAMI ("CITY") WITH PREJUDICE, ADOPTING THE PARTIES' SETTLEMENT AGREEMENT, AND AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS TO PRESERVE THE CITY'S RIGHT TO INDEMNITY AGAINST THIRD PARTIES; ALLOCATING SETTLEMENT FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. 15-00673 Memo - Office of the City Attorney.pdf 15-00673 Memo - Budget Sign-Off.pdf 15-00673 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0264 CA.2 RESOLUTION 15-00681 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR A PERIOD ENDING NO LATER THAN THE LAST DAY OF FEBRUARY, 2018, ENCOMPASSING APPROXIMATELY TEN (10) FEET OF A PORTION OF CITY -OWNED PROPERTY LOCATED AT 2200 WEST FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; THE LICENSE BEING USED SOLELY FOR THE SLOPING, TYING IN, HARMONIZING, AND RECONNECTING OF EXISTING FEATURES OF THE PROPERTY WITH THE ROADWAY IMPROVEMENTS CONDUCTED BY FDOT AT SAID LOCATION. 15-00681 Summary Form.pdf 15-00681 Legislation.pdf 15-00681 ExhibitA.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0265 Adopted the Consent Agenda City of Miami Page 8 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF CONSENT AGENDA Chair Gort: CA (consent agenda). Any dis -- Victoria Mendez (City Attorney): CA.1. Chair Gort: Any discussion on CA? Commissioner Sarnoff. No. So move, Mr. Chair. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. PUBLIC HEARINGS PH.1 RESOLUTION 15-00656 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS Fire -Rescue (4/5THS) 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 PROCUREMENT OF MAINTENANCE AND REPAIR SERVICES OF FERNO EMERGENCY AMBULANCE COTS FOR THE DEPARTMENT OF FIRE -RESCUE, FROM ERLA, INC. D/B/A EQUIPMENT MANAGEMENT SERVICE AND REPAIR ("EMSAR") FLORIDA, ON AN AS NEEDED BASIS, FOR A ONE-YEAR TERM, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, ALLOCATING FUNDS FOR THE FIRST YEAR FROM THE DEPARTMENT OF FIRE -RESCUE GENERAL FUND ACCOUNT CODE NO. 00001.184010.546000.0000.00000, WITH FUTURE YEARS FUNDING SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 15-00656 Summary Form.pdf 15-00656 Notice to the Public.pdf 15-00656 Memo - Manager's Approval.pdf 15-00656 Memo - Request for Sole Source Finding.pdf 15-00656 Back -Up - Vendor Quote.pdf 15-00656 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 9 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0266 Chair Gort: PH.1. Joseph Zahralban: Honorable Chairman, Commissioners. Joseph Zahralban, Deputy Fire Chief Department of Fire -Rescue. PH.1 is a resolution requesting the ratification; confirming the City Manager's finding of the need for a sole source procurement for the maintenance and repair services of our Ferno Emergency Ambulance stretchers on an as -needed basis for a year -- for a one-year term, with an option to renew for two additional years, at a first cost not to exceed $22, 000; optional annual increases not to exceed 5 percent. This will allow us to continue the maintenance on our existing cache and insure its serviceable life. I'd be pleased to answer any questions you may have at this time. Chair Gort: At this time, it is a four fifth item, so we need to have another Commissioner. This is public hearing. Anyone in the public would like to address this issue? Anyone in the public would like to address PH.1 ? Seeing none, hearing none, we close the public hearing. Motion. Discussion. Commissioner Suarez: So moved. Chair Gort: Been moved by Commissioner Suarez. Is there a second? Is there a second? Commissioner Sarnoff. Second. Vice Chair Hardemon: Second. Commissioner Sarnoff. Sorry. Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. PH.2 RESOLUTION 15-00664 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), DECLARING SURPLUS AND APPROVING THE SALE OF Management A CITY OF MIAMI ("CITY") OWNED CLUC 90 PROPERTY LOCATED AT 1620 NORTHWEST 71 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO HELEN SPENCER, A SINGLE WOMAN ("PURCHASER"), ESTABLISHING TWO THOUSAND SEVEN HUNDRED THIRTY DOLLARS ($2,730.00) AS THE AMOUNT TO BE PAID TO THE CITY BY THE PURCHASER, FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE City of Miami Page 10 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 PH.3 15-00758 NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 15-00656 Summary Form.pdf 15-00656 Notice to the Public.pdf 15-00656 Legislation.pdf 15-00656 Exhibit A.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0267 Chair Gort: PH.2. Thankyou. Daniel Rotenberg: Good morning, Commissioners. Daniel Rotenberg, director of Department of Real Estate & Asset Management. PH.2 is a resolution approving the sale of the City of Miami owned CLUC-90 (County Land Usage Code) property, at 1620 Northwest 71 st Street, to Helen Spencer; price of the sale is $2, 730. We are set to go ahead with the purchase and sale agreement. Vice Chair Hardemon: So move. Chair Gort: Thankyou, sir. Commissioner Suarez: Second. Chair Gort: It's been moved and second. It's a public hearing. Is anyone in the public would like to address this issue? Anyone in the public? Seeing none, hearing none, close the public hearings. It's been moved and second. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Management AMENDMENT TO RESERVATION OF EASEMENT ("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA EAST COAST RAILWAY, L.L.0 ("FEC"), TO AMEND THE LOCATION OF THE EASEMENT RESERVED TO FEC ON THAT CERTAIN SPECIAL WARRANTY DEED DATED JUNE 6, 1988, AND RECORDED IN OFFICIAL RECORDS BOOK 13782, PAGE 502 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE AMENDMENT. 15-00758 Summary Form.pdf 15-00758 Notice to the Public.pdf 15-00758 Back -Up Documents.pdf 15-00758 Legislation.pdf 15-00758 Exhibit.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 11 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0268 Chair Gort PH.3. Daniel Rotenberg (Director, Department of Real Estate & Asset Management): PH.3 is a resolution of the Miami City Commission authorizing the City Manager to execute an amendment for the reservation of the easement to Florida East Coast Railway; basically, removing a track, and they have the reservation of the deed which allows them to do so. Chair Gort: Okay. Thank you. It's a public hearing. Anyone in the public would like to address this issue? Anyone in the public? Seeing none, hearing none, close the public hearing. Questions. Comments. Vice Chair Hardemon: None. So moved. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner -- Vice Chairman Hardemon. Is there a second? Commissioner Suarez: Yes. Chair Gort: Commissioner -- Commissioner Suarez: Second. I second it. Commissioner Carollo: Sec -- I mean -- Commissioner Suarez: Yeah, yeah, whatever. Chair Gort: Commissioner Carollo second it. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Rotenberg: Thank you. Chair Gort: PH.4 is time certain, 10 o'clock. Later... Commissioner Sarnoff Mr. Chair. Donnovan Maginley: Thank you. Chair Gort: Yes. Commissioner Sarnoff I'd like to have -- move to rehear PH.3 to add the language of "exclusive and perpetual" in it. Chair Gort: PH.3. Commissioner Suarez: Second. Commissioner Carollo: Three? City of Miami Page 12 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Victoria Mendez (City Attorney): Can we discuss that and, you know, table that idea till after --? It's a big change. Chair Gort: Okay. Commissioner Sarnoff It's what? Ms. Mendez: It's a big change. It's totally different than what's here. Commissioner Sarnoff Okay. I mean, I don't mind you sitting down and meeting with folks, but I'm going to bring it, unless you can convince me otherwise, because it's -- I'm going to do nothing to disturb not having Tri-Rail, so unless there's a legal impediment, you'll let me know. Ms. Mendez: It's a policy decision, but I'm -- Commissioner Sarnoff But I thought -- Ms. Mendez: -- just saying "exclusive and perpetual" is very different from what they have right now. Right now, we did not have to agree to this -- it's also, you know, valuable to the City. This is very different than -- but I just wanted to put -- bring that to your attention. Commissioner Sarnoff Yeah. My intention is to get Tri-Rail. That's my intention. Commissioner Carollo: Yeah. Could -- Commissioner Sarnoff And -- Commissioner Carollo: Yeah, Commissioner Sarnoff, could you elaborate on why you want to reconsider this and --? Commissioner Sarnoff It's the way -- it's -- as the columns are going to be presented, that they need exclusive and perpetual. "What we do inevitably, agreement -wise, after that is different, but they need to have the exclusive and perpetual right to do so in order to borrow the money necessary to do the project they're going to do. So, I mean, I was made aware of this all along. I know the Administration is not so concerned about people's ability to finance things. You know, I am. Because that's how most things get done in this world, through financing. Chair Gort: What's the objection of the (UNINTELLIGIBLE)? Daniell Alfonso (City Manager): Mr. Chairman, this has been brought up just at the last minute. We would request that there's -- there's significant value -- I don't think that the way it's written right now prevents them from moving forward, but that's their -- that's -- what they may have to explain. We would request that we give this a little bit of time. That's our position. Commissioner Sarnoff May we hear from them? Chair Gort: Sure. Francois Illas: Francois Illas, vice president, corporate development, All Aboard Florida, Florida East Coast Industries, and all companies affiliated. Not disagreeing with the Manager; we need a little bit more time, but the reality of it is that language is specific. When this property in question was sold to the City in 1988 by our company, we had an easement in place and reserved that right for the port lead. This is the rail line that connects the Hialeah rail yards to the Port of Miami, and will continue to connect the Hialeah rail yards to the Port of Miami for City of Miami Page 13 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 cargo. So there's a difference in opinion as to what that easement back then said and what is being asked today, but I think it can be resolved today. I think the difference -- and I'm having the attorneys come down here to explain it, so they'll have that opportunity to sit down with you today, if you want to bring it back later on this afternoon. But it does need to say that, because, again, the problem that they're having internally with rail operations is if it's not exclusive to that rail operations, then the City can come along tomorrow and say, f want to put a pole there, 'br l want to do an overpass there. "And that container train needs to get through. It needs a minimum of a -- right now we're doing 50-foot clearances because we're double stacking, so -- Ms. Mendez: Right, but that -- unfortunately, that -- and again, it's policy, but I have to tell you the legal part to it. If they get what they want, that's fine, but that has a value to it. It's not exactly what they're asking for today, so this is a chferent -- it's a chferent item from what is before you. But again, it's up to this Commission. It's up to, obviously, everything that you want to do with this, but I just want you to know it has a totally different value as to what is here before you, so it's a different document at that point. It could be voted on, obviously, and it could be done. It's just that -- Commissioner Sarnoff No, I -- Ms. Mendez: -- it's totally different. Commissioner Sarnoff -- understand. I guess, from a policy standpoint, you have to decide what is our intent? And this property was conveyed to the City, I don't know, late '80s. Mr. Illas: 'Eighty-eight. Commissioner Sarnoff: Okay. And it was conveyed with the understanding that they would always have a perpetual easement to operate a rail line. So now they're about to operate the rail line and they want to, I think, finance the entire operation, and we're saying, "Well, wait a minute. Maybe we might want to change our mind" Ms. Mendez: Well, they had the easement that they have -- Commissioner Sarnoff: Right. Ms. Mendez: -- and it's -- basically,- it reserved onto the grantor an easement in so much as it affects the above property. At the end of the day, they have the easement they have. Now they want to relocate it. Commissioner Sarnoff Yeah. You're -- Ms. Mendez: It's different. Chair Gort: Let me ask a question from -- personally, I'm not an attorney, so I need to be -- understand a little better. My understanding, right now they have an easement that they can use to take the cargo, bring it from Hialeah, and take it to the port. Now, what they do, they going to change that rail to -- further east, and they want to keep the same easement. They want to make sure that the next Commissioner that come here, all of sudden, comes out and says, "Hey, we'll stop the cargo trains in Flagler." They cannot [sic] longer go -- I don't understand the value. Mr. Alfonso: That's not the way I understand it. Right now this resolution was simply moving the easement slightly. That's all this was doing. Mr. Bias: To the west. City of Miami Page 14 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Alfonso: Yeah. Mr. Illas: Slightly to the west -- Chair Gort: Right. Mr. Illas: -- in order -- let me walk everyone through. Permit me a minute. So we have All Aboard Florida, which will be elevated south of 1-395. That is through the viaduct, and that is infrastructure which will be put in place for All Aboard Florida. That viaduct requires columns, so there's a separate discussion with the City as it relates to the balance of that discussion for columns being placed in this existing property, which, to be honest with you, it's not just the property, but if you look at the title, it's property and 8th Street, because it's still one folio, if you look at it. That column placement today falls right on the port lead, which is the rail that will remain at ground level to connect the Port of Miami, and that just needs to be moved further west to accommodate the columns that will eventually be placed So all we're asking for is that that easement be moved further west so that that rail can continue connecting to the port to move cargo off the port to the Hialeah rail lines. The only difference with the language that was presented today and was passed earlier is that the term Perpetual and exclusive'iveren't put in there. I was advised by counsel -- and that's why I said, if we had more time, I'm asking her to come down -- that the law has changed, and that needs to be there. From the time we did this initial easement for a total value of $10. We sold you this land for $10, okay? So we're just asking that it just incorporate what today's law has. I know there's a difference in policy, but it needs to have that -- 'cause, again, we're running a rail. If you decide tomorrow, "I'm the City and I want to put" -- and it's the easiest thing, because we do it along our corridor, but there are rules and regulations. An amenity like a telecommunications tower or anything else, that creates problems for the rail. Chair Gort: We all understand that. And I think what the problem is that you sold it to the City for $10 in 1988, and now you want to buy it in 2015 for $10? Mr. Illas: No, no, we don't want to buy it for anything. We're asking -- there are two separate items. We're asking that this easement be -- it was a reserve easement 25 feet from the center line -- be just moved further west to accommodate the columns -- Chair Gort: Right. Mr. Illas: -- for the viaduct. Chair Gort: Yes. Mr. Illas: And that's all we're asking for. And then we're in a separate agreement, which is why the hold harmless is coming later, to negotiate with the City to pay you real money. We're going to pay you market value for the use of the balance of that property where those columns will be. Ms. Mendez: But at the end of the day, the Chairman is right; it's a valuation issue. It has to do with the value of the relocation and adding the additional wording, so it is a policy decision at the end. I just, as your attorney, have to advise you that there is a true valuation difference in a relocation and with regard to now having the `perpetual and exclusive" language placed in there, so that's all. That's all. Commissioner Suarez: Table it till the afternoon. Commissioner Sarnoff What's that? Commissioner Suarez: Let's table it till the afternoon. City of Miami Page 15 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Chair Gort: Yeah. Commissioner Sarnoff Okay. That's fine. Vice Chair Hardemon: I have a question. Did -- the perpetual and exclusive easement to me sounds more like a lease, right? Like you're leasing the land to them. The -- I won't call it necessarily a lease, but the point that I'm making to you is that if, for instance, tri -- no. Mr. Illas: This will be -- Chair Gort: All Aboard. Mr. Illas: -- Florida East Coast Railways that operates on that ground level that connects to the port. Vice Chair Hardemon: So if they are operating and they are operating without a perpetual and exclusive lease or easement, does that mean -- or will there ever be a time when another entity is operating necessarily on that territory that we are not giving them the perpetual and exclusive easement? Ms. Mendez: You mean what's left of the land or the actual easement? Vice Chair Hardemon: Because I'm trying to understand -- we're talking about the balance of what is not being -- Commissioner Sarnoff Eased. Vice Chair Hardemon: -- eased or given the easement. We're talking about the balance of that. That's what we're discussing now, correct? Ms. Mendez: We're actually discussing the easement. Vice Chair Hardemon: Easement. Ms. Mendez: Because then, you know -- and I understand that if they lost -- Vice Chair Hardemon: So right now -- so there is an easement. They have -- Ms. Mendez: Right. Vice Chair Hardemon: -- and they have the easement. Ms. Mendez: They have an easement -- Vice Chair Hardemon: They have an easement. Ms. Mendez: -- that they need to relocate. The easement that they have does not have the wording Perpetual and exclusive' - Vice Chair Hardemon: And I understand -- Ms. Mendez: -- and it needs to be moved. Vice Chair Hardemon: So my question to you then is has there ever been anyone besides this City of Miami Page 16 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 entity that had that easement or an easement on those types of properties or that property or near that property? Ms. Mendez: I believe they're the only ones with the easement. Mr. Illas: For over a hundred years. Vice Chair Hardemon: And moving forward, will there ever be anyone -- or can you -- can we reasonably anticipate that there will be someone that would have an easement? Ms. Mendez: Well, whoever they then give the use of that easement to or -- Vice Chair Hardemon: No, but -- Ms. Mendez: On the remaining land. Vice Chair Hardemon: -- it would be the same easement. It would be the same easement, so I'm just trying to be clear. So then having that language really, truly says that there's only one easement and you have it. Is that correct? Ms. Mendez: Forever. Vice Chair Hardemon: Right. And then there's value to that? Ms. Mendez: Yes. Vice Chair Hardemon: Exactly. All right, now I'm clear. Thank you. Chair Gort: Okay. Commissioner Carollo: Table it. Chair Gort: Further discussion? Commissioner Suarez: Yeah, I -- let's table it, because -- I mean, I'm a real estate attorney, and I'm not exactly sure what's going on, so let's table it at least till the afternoon just to understand what it is that's happening. I could get into a long dissertation on how this all impacts, but I'd rather spare you guys that. I think the better thing to do is just table it and we'll all figure it out. Chair Gort: In reality, we already moved on this, so just bring it back this afternoon with an amendment and if it's possible, okay? Thank you. Commissioner Carollo: Real quick, Mr. Chairman. We're tabling the reconsideration? Chair Gort: Yes, sir. Ms. Mendez: Correct, because you have already given an easement; just without the language that they now want. Commissioner Carollo: I just want to be clear for the record. Commissioner Suarez: Sure. Chair Gort: Okay. City of Miami Page 17 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Later... Chair Gort: Mr. Clerk, what time is it? Todd B. Hannon (City Clerk): Chair, it is 3:03. Chair Gort: Three oh three. Come back at what time? Mr. Hannon: Three o'clock, sir. Chair Gort: Thank you. Okay, we have quorum. We have a quorum. We have one item that was left from this morning. I understand there was a meeting with the -- Ms. Mendez: The one for reconsideration, Chair, is that the one that you're talking about, the easement to add the language? We're not -- Chair Gort: (UNINTELLIGIBLE) -- Ms. Mendez: We're not going to address that today. We'll -- it's fine. It could stay un-reconsidered for now. Chair Gort: Okay. Commissioner Sarnoff, are you aware of it? Commissioner Sarnoff I'm aware of it. Ms. Mendez: The item that you requested for reconsideration and the language and such, we've communicated with the -- All Aboard, and we're fine leaving it the way it is for now, until another item that may be coming; next time, we'll address it. So we're fine leaving it the way it is. Commissioner Sarnoff (UNINTELLIGIBLE). Ms. Mendez: I will, I will. Chair Gort: So what is the -- Commissioner, what's the action? PH.4 RESOLUTION 15-00802 District4- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Francis Suarez AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 SHARE OF THE CITY OF MIAMI'S ("CITY'S") POVERTY INITIATIVE PROGRAM, IN THE TOTAL AMOUNT NOT TO EXCEED $92,000.00, AND FROM THE DISTRICT 2 SHARE OF THE CITY'S POVERTY INITIATIVE PROGRAM IN THE TOTAL AMOUNT OF $8,437.00 FROM ACCOUNT NO. 00001.980000.896000, TO VENTURE HIVE LLC ("VENTURE"), FOR SERVICES TO BE PROVIDED THROUGH THE VENTURE HIVE PREP -TECH ENTREPRENEURSHIP CAMP AT CITY PARKS WITHIN DISTRICT 4 AND DISTRICT 2, FOR THE PERIOD City of Miami Page 18 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 COMMENCING JUNE 29, 2015 THROUGH AUGUST 14, 2015; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT WITH VENTURE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-00802 Notice to the Public.pdf 15-00802 Memo - Bid Waiver Approval.pdf 15-00802 Legislation.pdf 15-00802 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0269 Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: I know we're a few minutes early on the time certain item, which is PH.4. Do you mind if we take that now, three minutes early? Chair Gort: Sure, no problem. Commissioner Suarez: Thank you. Thank you. PH.4 is an authorization of a grant. We, as a Commission, decided that we wanted to allocate Poverty Initiative funds, and part of my plan is to bifurcate it into three different silos, if you will. One of them is the elderly in our community that are impoverished and do not have a means of going out to the workforce and kind of changing their circumstances, if you will; and I think we've done that through our current poverty -related initiatives, and we've done it very well as a city. The second one is job training and things related to licensing and job training programs that will help people that are currently either in the workforce, or seeking employment, or trying to get better employment or trying to get increased salaries. But the third is the youth. I think everyone agrees -- and I'll site an article that was written by Tony Argiz about education being the key to the success in our future as a city. And I think, when you look at what are the things that we want our kids from all spectrums of the community to be educated on, I think most of us on this Commission would agree that technology is an enormously important component of our economy of tomorrow. So what I'm doing is creating a program, with the help of Venture Hive -- and Susan Amat is here to explain a little bit more about it, which would allocate -- actually, 94,000 is a modification from the hundred. It's going to be 94,000, which will serve up to 132 students; it's a cost of about -- approximately $700 a student; it'll be focused on alleviating poverty in the long run among children, and, obviously, as a mentioned, I believe in the growing future of a technology -based economy in Miami, and with that, improving what some would consider at -risk children with a technology -based education at the elementary school level. Everything that I've done in combination with discussions with major technology companies has -- and with -- in part, with Susan has convinced me that we have to start exposing children at the elementary school level to technology so that they can get a head start and be ahead of the curve when technology becomes an ever-growing part of their life. I actually marvel -- and my wife gives me a hard time, and I think Commissioner Carollo will appreciate this, in particular. My son grabs my phone already. He grabs my remote control already. He's only 16 months old. So our kids are growing up with technology as part of their life and -- Chair Gort: They're teaching us. Commissioner Suarez: What's that? City of Miami Page 19 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Chair Gort: They're teaching us. Commissioner Suarez: Yeah, they're teaching us, exactly. So, you know, this camp is going to be at four of our parks in my district, and it's going to be throughout the summer. And I'll let Dr. Amat, the president of Venture Hive, discuss a little bit about what the curriculum is going to be, and why she thinks it's a needed and successful program in our City. Thank you. Susan Amat: Hi. Thank you for having me today. Susan Amat. So we've actually been running this camp for the last two weeks at the Miami Science Museum. We ran it last summer very successfully at the Science Museum as well, and we have an actual full year program in partnership with Miami -Dade County Public Schools where we've been working with high school students. And it's been incredible to see students be able to be -- yes, definitely expose to technology, but also the tinkering aspect of it; being able to conceive an idea, learn how to code and build a product; and most importantly, understand the business ramifications of being able to communicate, understanding a problem that they wish to solve, communicating and understanding how it would solve that problem for the people that would potentially be their consumers; and we've been teaching them -- I mean, even with second and third graders -- about manufacturing efficiencies of scale and scope, and understanding how to read surveys, and dealing with customers in a way that many of whom have never ever been exposed to before. So the camps we've been running for the last two weeks have a very wide variety of students involved some whose parents have no business experience, are not technologists; and for many of them, it's the first time they've ever been exposed to this terminology; and in a very short period of time, they feel like they own the process; they feel like it's part of who they can become. So we've had the pleasure of visiting all four of the camp directors in the four parks over the last few weeks and confirming not only the interest, but at one of the parks, it's extremely over -subscribed So it's been very exciting to see the interest of the parents, that the students would -- instead of it being as we have the Science Museum, a full compressed week, at the camps we've been able to work it out where it's half -day for two weeks, so they'll still be doing activities, and getting out and exercising over the course of the day, but this really changes the spectrum of how they view themselves and what their own capabilities and futures may look like. So it's been very exciting to see, and we're very hopeful that we'll be able to make a lasting impression for these students. Commissioner Suarez: I move it for a brief discussion. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Carollo. Discussion. Commissioner Suarez: I just want to say that -- and Susan touched upon it -- that not only will the kids be exposed to technology and we further utilize our parks -- and I want to thank our Parks director for his involvement as well -- but they get exposed to business concepts, which I think is important. It's not just about having ideas and trying to implement those ideas in the form of apps, or coding, or building applications, but also learning how to translate that creativity into dollars and cents, which is what creates a tremendous entrepreneurial class in our City. And so I just -- I want to thank her. I want to thank our director. And, you know, we'll definitely try to track the progress of these kids as they go through the program to see what kind of measureables we can come back to the Commission with to demonstrate the success of the program. Thank you. Chair Gort: Thank you. Any further discussion? Daniel J. Alfonso (City Manager): Yes. Mr. Chairman, as good things -- City of Miami Page 20 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Carollo: I'll yield. Mr. Alfonso: I apologize. As good things are contagious, Commissioner Sarnoff is going to allocate the balance of his funds, which is 8,437, to the program, as well, to do some work at Virrick Park. Commissioner Suarez: Awesome. Thank you. Chair Gort: Okay, so there's been a friendly amendment. Commissioner Sarnoff Yeah, that will be my amendment. And a little bit on Susan Amat. Susan Amat used to be with Launch Pad Miami from the University of Miami until the DDA (Downtown Development Authority) stole her and created the Hive. So Susan has -- I usually do a big speech about Susan. I'll just leave it at this: Susan Amat is a force of nature. And if you've ever been in front of Susan Amat, just stand to the side, because she's about to go right through you. Chair Gort: Very good presentation. Commissioner Carollo: Mr. Chairman. Chair Gort: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. I have a question for Ms. Amat. Do you have capability to grow? Because I know you're doing five two -week programs. Ms. Amat: Yes. Commissioner Carollo: So -- And you're doing it, what, within the summer months? Ms. Amat: Yes. Commissioner Carollo: So we're still in early June. Do you have room to grow? Because I'm looking if it's successful, maybe, you know, do it for a couple of weeks in, you know, one of the parks in District 3; not that we have too many parks, but -- Ms. Amat: Definitely. And most importantly, what we're most excited about, especially because of the incredible generosity and support we've already received from Commissioner Sarnoff and Commissioner Suarez, we've actually been exploring how this can be an after -school program, a weekend program. Commissioner Carollo: Got you. Ms. Amat: We're actually going to be testing it with Miami -Dade County Public Schools as an elective class during the school year in high schools first, because as the tablet proliferation continues within the school system and more and more schools start allowing online courses, we want to make sure that any student who has an interest in this has the ability to really learn in real-time what they personally can do to develop themselves to be able to be not only good technologists, but understand the business behind it. So, we're definitely looking to scale. We already have -- we've hired two full-time teachers to run this program over the summer, and we'll be expanding our staff for the fall. Commissioner Carollo: Okay. Chair Gort: Thank you. Any further questions? Being none, no further discussion. City of Miami Page 21 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Suarez: Thank you. Chair Gort: It's a public hearing. Is anyone in the public would like to address this issue? Commissioner Suarez: Sure. Mr. Cruz: Yes. Mariano Cruz, 1227 Northwest 26th Street. Concerning whatever you study, I think you have to be realistic. I have two degrees, and I don't use any of them, because I don't need to use them. But one of my grandchildren finish computers in Florida State; he couldn't find a job in Florida, so he got to move to Arizona. So, it's very hard sometimes; people study and study, and they want to stay in Florida, and there is nothing in Florida for them. Ms. Amat: May I address that, please? Chair Gort: Yes, but I'm not going to be having (UNINTELLIGIBLE). Ms. Amat: Oh, sure. Okay, no problem. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: I'll just say probably what Susan was going to say, which is, Mariano's absolutely right. What's happening is we do see a lot of intellectual flight capital, and part of the reason why is because as technology takes hold in our community, we want to marry the jobs that are going to be here to the people who are -- have the skills needed to perform those jobs, so we're thinking ahead. So what has happened too often is the example that you cite, which is people get trained in technology, and then currently, they -- the ecosystem has not taken root to the level where maybe every single person who's looking for a job in that realm has gotten one, and I think -- that's what we're trying to change. Mr. Cruz: The only thing, like I say, you have to be ready -- when the opportunity comes -- Commissioner Suarez: Absolutely. Mr. Cruz: -- you're ready to take it, be in Florida or in Arizona. Commissioner Suarez: Anywhere. Mr. Cruz: I mean, whatever state is -- whatever state they need, you can use it. Thank you. Ms. Amat: Thank you, sir. Chair Gort: Thank you. Any further discussion? Commissioner Sarnoff Yeah. Chair Gort: Yes. Commissioner Sarnoff I think there's an interesting fact that gets lost. In 2013 and 2014, Miami joined one of three cities in the United States that were no longer brain drains but brain gains. Commissioner Suarez: There we go. City of Miami Page 22 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Sarnoff. And San Francisco was a brain gain, and Miami joined it in '13, '14, and we'll see whether we join it in '15. And by the way, Miami has never been, in its history, a brain -gain city. So I think Susan Amat and others are really bringing home the fact that an ecosphere is starting here; and I think it's important that that's going to be a very unrecorded part of history, but something very important, because, you know, for years and years, people sent their kids to go to work here -- sorry; go to school here, but they couldn't go to work here. And now, as we grow as a city and as our kids go to school, it's always been thought that they have to leave, and now, they don't have to leave, or it's the beginning process of not having to leave. Chair Gort: Thankyou. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thankyou Commissioner Suarez: Thank you. Chair Gort: Let me tell you what I'm going to do with my program. I want, when these kids come out of the -- their program, when they come out of high school, they have a college that they can go to. So I'm going to put my money, and I hope I can get matching funds from some organization that gave us scholarships for the universities so when they kids come out and they're ready to go -- because let me tell you, today's kids, they go to university, and they come out with a mortgage. It makes it almost impossible to make a living, because they come out with a 40, $50, 000 debt, and some of then with 100, 000, depends what they want to do. So I want to get organization that do scholarship to maybe match the monies that I'm going to put in. Thank you, ma'am. I appreciate it. Ms. Anat: Thank you very nnuch. Victoria Mendez (City Attorney): And Mr. Clerk, was this as amended? Commissioner Suarez: As amended Todd B. Hannon (City Clerk): Yes. Yeah, they stated it on the record. Ms. Mendez: Thank you. END OF PUBLIC HEARINGS SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 14-01248 District 2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 14/ARTICLE II/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, David Sarnoff FLORIDA, AS AMENDED, ENTITLED "DOWNTOWN DEVELOPMENT/DOWNTOWN DISTRICT/DOWNTOWN DEVELOPMENT AUTHORITY," MORE PARTICULARLY BY AMENDING SECTIONS 14-52 AND 14-53 TO INCREASE THE NUMBER OF BOARD MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") BOARD, AND TO INCREASE THE NUMBER OF BOARD MEMBERS NECESSARY TO CONSTITUTE A QUORUM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami Page 23 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 FR.1 15-00619 Honorable Mayor Tomas Regalado 14-01248 Legislation SR.pdf 14-01248 DDA Resolution FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez END OF SECOND READING ORDINANCES FIRST READING ORDINANCES ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/MAYOR'S INTERNATIONAL COUNCIL", ADDING TO THE PURPOSE OF THE MAYORS INTERNATIONAL COUNCIL THE AUTHORIZATION TO PLAN, IMPLEMENT, AND COORDINATE THE CITY SISTER CITIES PROGRAM NATIONALLY AND INTERNATIONALLY, TO EXECUTE ALL "SISTER CITY" AGREEMENTS FOR THE SAME, AND TO RATIFY ALL EXISTING "SISTER CITY" RELATIONSHIPS, PURSUANT TO AMENDED SECTION 2-922 OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00619 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Chair Gort: SR.1 has been pulled. FR.1. Mr. Mayor. Mayor Tombs Regalado: Thank you very much, Mr. Chairman, Commissioners. Actually, this is an ordinance that was recommended by the City Attorney's Office. Throughout the year, the Mayor's International Council, in the last 12, 13 years, have been doing the work of creating sister cities, and the City Attorney recommended that all of these sister cities that have been approved and signed will be -- should be codified. So she has recommended an ordinance in the way that we can have this as part of the Code of the City of Miami, ratifying all existing city [sic] city relationship that dates back to 20, 20-some years ago. Chair Gort: Thank you, sir. It's a public hearing. Is anyone in the public would like to address this one issue? Anyone in the public? Seeing none, hearing none, we close the public hearing. Commissioner Sarnoff. So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff. Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Any further discussion? Being none, it's an City of Miami Page 24 Printed on 7,20/2015 City Commission Meeting Minutes June 25, 2015 ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4- 0. FR.2 ORDINANCE First Reading 15-00760 Honorable Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHINGA Tomas Regalado TEMPORARY MORATORIUM PROVIDING THAT NO PERMIT OR APPROVAL FOR A MEDIA TOWER AS PROVIDED FOR IN ARTICLE 6, SECTION 6.5 OF MIAMI 21, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, OR IN CHAPTER 62, DIVISION 7, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "MEDIA TOWER," AND "OMNI MEDIA TOWER REGULATIONS," RESPECTIVELY, WILL BE ISSUED FORA PERIOD OF ONE HUNDRED TWENTY (120) DAYS IN ORDER TO ENSURE THESE SECTIONS OF MIAMI 21 AND THE CITY CODE ARE FULLY VETTED, REVIEWED AND AMENDED TO ENSURE FULL COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS AND LOCAL CODES AND LAND DEVELOPMENT REGULATIONS REFERENCED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00760 Legislation FR.pdf WITHDRAWN Chair Gort: FR.2. Mr. Mayor. Mayor Tombs Regalado: Thank you very much, Mr. Chair, Commissioners. FR.2 is an ordinance, and an ordinance that was placed in the agenda, along with two more pieces of legislations, regarding a media tower. After a long conversations [sic] with the City Attorney's Office, an expert on the fields from the Planning Department -- Zoning Departments [sic], it's important to note that, first of all, we don't know what is a media tower, and we have to understand what is a media tower. Second the media tower, as presented in the renderings or in the papers, does not exist in any of the language of signage in the Code of the City of Miann. Recently, the day before yesterday, the PZAB (Planning, Zoning & Appeals Board) discussed the issue, and approved one piece of legislation and rejected another piece of legislation. After conversations, again, with the City Attorney, I believe that if FR.2 is approved and put into motion, will have unintended consequences, because we will prolong in the courts a battle that could be solved by -- later on if you consider approving PZ.17. So, to avoid this prolonged battle and to do it faster and cleaner, I really believe that PZ.17 -- and this is in the afternoon; I understand that we cannot talk about this today. You have to -- this morning, so you have to do it later on, and we'll discuss that later on -- will do the work that FR.2 was supposed to do. So I'm respectfully asking the City Commission to allow me to withdraw FR.2 and recommend that -- first of all, we have fundamental questions: What is a media tower? We -- I have been trying to find a definition, and it does not exist. It's just signs and size of the signs, and that size has not been ever incorporated in the Code. And second is for the Commission to decide, eventually, if we want media tower, at all, in the City of Miami. I think that, on my case, on that magnitude, the response should be "no," but that's up to different agencies that are dealing with this issue, in terms of Planning & Zoning, the CRA (Community Redevelopment Agency). But I really City of Miami Page 25 Printed on 7,20/2015 City Commission Meeting Minutes June 25, 2015 believe that by bringing to you FR.2, what we are going to do is we're going to create a debate in court, whether or not that applicant is vested or not vested or the media tower. I really believe that the faster way is to PZ.17, which eliminates completely that media tower, or sign, or building from the Code of the City of Miami. So I -- Victoria Mendez (City Attorney): Mr. Mayor, I'm sorry. I just wanted to advise the Commission and yourself that it has been past practice that when it is your item, you can unilaterally withdraw it; it doesn't necessarily have to go before a motion, but I know you're explaining your reasoning and everything, but I just wanted to -- Mayor Regalado: Well, I just wanted to explain, because I know that there's going to be a conversation in -- at the City Commission level when you discuss PZ.17 or PZ 16. My preference, as I said, is to follow the path of the PZAB, but this time, I'm just withdrawing FR.2. Chair Gort: Okay. Thank you, sir. Okay, withdraw. FR.3. Peter Ehrlich: Excuse me, Mr. Chair. Chair Gort: Yes. Mr. Ehrlich: Will you be opening the public hearing on FR.2? Chair Gort: He's pulling it; there's no issue. You want to discuss that, you -- I'll give you a few minutes, sure. Mr. Ehrlich: All right, so we'll -- we can speak this afternoon? Chair Gort: You're speaking about his pulling it out. Mr. Ehrlich: All right, so we'll speak this afternoon on PZ 16 and 17. Chair Gort: Sixteen and 17, yes. Mr. Ehrlich: Thankyou. Chair Gort: Thankyou. FR.3 ORDINANCE First Reading 15-00658 District 4- AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A Commissioner TEMPORARY MORATORIUM ON FUTURE FACILITIES OFFERING THE Francis Suarez RETAIL SALE OR TRANSFER OF DOGS AND/OR CATS AS FURTHER DEFINED HEREIN, FORA PERIOD OF THREE HUNDRED SIXTY FOUR (364) DAYS FROM THE EFFECTIVE DATE; SETTING FORTH THE GEOGRAPHIC AREA COVERED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 15-00658 Legislation FR/SR.pdf 15-00658-Submittal-Commissioner Suarez -Pet Shop Moratorium Reinspection Report.pdf 15-00658-Submittal-Javier Ortiz -Email Regarding Sold Puppy.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon City of Miami Page 26 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Suarez: Mr. Chair, FR.3 is an extension of the pet shop moratorium. On September 11, 2014, this Commission passed a resolution establishing a temporary moratorium on the future retail facilities engaged in the sale of dogs and cats. The purpose was to inspect existing sales facilities, and ensure compliance with all applicable requirements, and to ensure that the puppies or kittens being sold are obtained from ethical sources and not puppy mills . During the six-month moratorium, the City inspected 13 stores and recently re -inspected them, pursuant to ACM (Assistant City Manager) Ihekwaba's memo to the Commission, circulated yesterday. It's attached to the item. Six stores are no longer in business or closed based on failure to maintain current building permits, certificates of use, and/or business tax receipts. Seven stores remain open and currently maintain the required licenses and documentation. Since the initial moratorium was imposed, my office met with representatives on both sides of the issue, and we continue to engage in due diligence efforts to study this matter. Also, during that time, there was pending litigation, which ensued in the matter ofMaryeli's Lovely Pets versus the City of Sunrise, challenging Sunrise's ban on the sale of puppy mill dogs at retail facilities. Based on ongoing due diligence efforts that the City has studied this issue and the pending litigation, we would like to extend the moratorium for another 364 days. I'd like to move the item, Mr. Chair. Chair Gort: Been moved by -- Commissioner Sarnoff Second Chair Gort: -- Commissioner Suarez. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Discussion. Now, my understanding, the existing business are grandfather in; this will only apply to new applications. Am I correct? Commissioner Suarez: That's correct. Chair Gort: Okay. Victoria Mendez (City Attorney): Correct. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye." Todd B. Hannon (City Clerk): Chair, it's an ordinance. Public hearing. Chair Gort: Ordinance, sorry. Anyone in the public would like to address this issue? Okay, you want to open it up? Don Anthony: Good morning, everyone. I'm Don Anthony, Communications director for the Animal Rights Foundation of Florida. We have 5,000 members all over the state, and we're based in Broward County. I am here to support the continued moratorium on pet shops within the City. There's no question this is needed as information continues to be gathered on the sale of animals that come from horrendous puppy mills and are sold in pet shops. The issue remains a matter of protecting residents, taxpayers, consumers, and the animals themselves. And I'd like to say thank you to Commissioner Suarez for sponsoring this; to Commissioner Sarnoff and all the support, and everyone else for voting to move it forward. And in a related note, I would also like to congratulate the Dade County School Board and School Board Member Regalado for finally banning cat dissection in public schools, as so many other districts already have. Thank you very much. Chair Gort: Let me ask you a question; don't go away. Let me ask a question. City of Miami Page 27 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Anthony: Yes. Chair Gort: Because this is a national problem that we have. Most of the -- whatever you want to call it -- takes place outside the State of Florida. Mr. Anthony: Yes. Chair Gort: What are we doing to make sure that this does not continue to do [sicJ? What kind of regulation? Could we put a national, a statewide, and so on? Mr. Anthony: Well, that depends on the -- Chair Gort: That's what we need to work on. Mr. Anthony: Yeah, yeah, yeah. There have been ordinances that are put in place in other cities around the State and all around the country that deal with this issue, and it depends on the -- what comes of the rest of the investigations and, you know, further updates. Chair Gort: So, whatever we can do statewide, I think, is very important, and then move it national. Mr. Anthony: Yeah, yeah, but it -- but mostly, it's being done on the local level. Different municipalities are dealing with this themselves, and that seems to be the most effective way to deal with this issue. Chair Gort: I'd like to see going beyond that too, if possible. Mr. Anthony: Yeah. Chair Gort: Thank you. Mr. Anthony: Okay, thank you. Chair Gort: Yes, ma'am. Commissioner Michele Lazaro: City Commissioner, Hallandale Beach, Michele Lazaro. I want to thank the Mayor and City Commission, City staff for their continued support of this important issue of consumer protection and suffering animals, which are regularly sold through retail pet stores. This moratorium needs to continue the process we have begun, and significant progress has been made. I will continue to work with Miami -Dade Animal Services; Commissioner Suarez' aide, Ms. Stiers, to get the information needed to make an informed decision about any actions going forward. Since we last discussed this issue in September/October, an additional six Florida cities have passed laws saying they will no longer permit this kind of commerce; thank you to Commissioner Suarez for his leadership and initiative, and thank you to Commissioner Sarnoff for his continued support; thank you to all of you. Hopefully, we're going to get another unanimous decision. Andl mostly want to thank the Commissioner's aide for returning my many emails and her due diligence in a timely manner, so thank you. To answer your question -- and I know you've -- if I may -- Chair Gort: Sure. Commissioner Lazaro: -- through the Chair? You asked that question the last time, and I since has had discussions about bringing it to the Florida League. I was asked ifI would be doing that, and my answer is "no." And as we have seen in the State that they tend to water down a lot City of Miami Page 28 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 of these issues, and they try to preempt the cities. We want to have home rule, because we believe that a city that passes this will enforce it. When the State starts telling you what to do, it's very hard, as you know, to enforce that. Chair Gort: How 'bout Miami -Dade County League of Cities and all that the local league of cities that been very effective also? I can -- we can give you support in Miami -Dade County. Commissioner Lazaro: But the problem is that on -- two-thirds of Miami -Dade County is unincorporated, and the majority of the stores that -- of the 50 stores that have (UNINTELLIGIBLE) are in unincorporated Dade. Chair Gort: They're in the County, right. Commissioner Lazaro: I am working with Hialeah; has the other number of stores, six stores, and thank you to Commissioner Suarez for recognizing that. When you implemented this moratorium, you did find that a number of your stores were not in compliance, and I think that we need to continue that as I continue to work with the County, but as you know, they are overwhelmed, and you guys are doing a great job. And I don't know how much staff time it's taking, but as I explained to the Commissioner, it's better you guys take care of your own problem, because as the Commissioner's aide has seen, it takes me four to six weeks to get a public records request from the County, four to six weeks. So by the time I get the inspection reports, they're already -- they're -- what do you call them? Commissioner Sarnoff. Expired. Commissioner Lazaro: Yeah, they're not relatable anymore. They're not relevant anymore, so I have to begin the process all over again. A lot can happen between four to six weeks, and it's not fair, because our work is keeping them from what they need to do. Thank you. Chair Gort: Thank you. Appreciate it. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. FR.4 ORDINANCE 15-00700 First Reading District 5- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER CommissionerKeon 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ("CITY CODE"), Hardemon ENTITLED "ADMINISTRATION", ARTICLE XI ENTITLED "BOARDS, COMMITTEES, COMMISSIONS", BY ESTABLISHING A NEW DIVISION 23 ENTITLED "SENIOR CITIZENS' ADVISORY COMMITTEE", SETTING FORTH THE ESTABLISHMENT, PURPOSE, POWERS AND DUTIES, ITS MEMBERSHIP, QUALIFICATIONS, ORGANIZATION, AND MEETINGS, AND AMENDING SECTION 2-892 OF THE CITY CODE TO PROVIDE FOR SUNSET REVIEW OF THE COMMITTEE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-00700 Legislation SR.pdf City of Miami Page 29 Printed on 7,20/2015 City Commission Meeting Minutes June 25, 2015 Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: Okay. Daniel J. Alfonso (City Manager): FR.4. Chair Gort: FR.4. Mr. Alfonso: Commissioner Hardemon. Victoria Mendez (City Attorney): The Senior Advisory Board. Vice Chair Hardemon: Yes. Let me get to it. Commissioners, part of what I believe should be an Anti -Poverty Initiative is addressing our seniors' needs, as we know that many times they need different services, different trainings to put them in a position where they can earn better income or provide a better feeding services, et cetera, et cetera. And many times, those of us that are sitting here are not seniors ourselves, and so we're trying to grapple with these issues. And so, what I thought would be a great idea was for us to create a senior citizens advisory committee, and the purpose of this committee would be to advise the City Commission on issues that affect seniors themselves. Part of this committee, we would have a person that would be identified from each of the Commissioners' districts, and then one from the -- I believe it's the Mayor's Office, and one from the AARP (American Association of Retired Persons). And so, these members will meet; they will come up with solutions they think are relevant to the senior citizen population so that we can address, I believe, one of the most vulnerable classes of people who are in our communities, and who also happen to be one of the largest classes of people who exist within the City of Miami. So, we have an aging population, and we need to make sure that we take care of them, just the same way as we put enough power and resources into, say, for instance, our homeless services. So with that being said, I would move to pass this res -- this ordinance. Chair Gort: Is there a second? Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Commissioner Carollo: Discussion. Chair Gort: Let me open the public. It's a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, you're recognized, Commissioner Carollo. Oh, Mr. Mayor, you're recognized. Mayor Tomas Regalado: Just a brief comment. I think that's important. I want to thank you for what you're doing, and I will be honored to appoint a person that will be part of that committee. And I think that that committee should have the full support of the City Commission when they come up with statement or ideas. Just now, the Governor had vetoed $100, 000 for Little Havana Activity Center, and just yesterday we were told that some clients will be cut. Of course, those clients will complain to you, to you, to you, to you, to you, and to me, not to the Governor or the Lieutenant Governor. And I think that that committee -- if we do the meetings in different senior centers so the seniors could participate -- we can do one in Hadley Park during the AARP; another in Metropolitan, Robert King High; another in Allapattah Senior Center, and on and on -- I think that we can get a grassroots movement out of that committee that will have the political City of Miami Page 30 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 power to lobby for the things that the seniors need. So I think that we need to take this to a next level and have them understand that we all support what they do and what they -- the ideas that they have. Chair Gort: Yes, sir. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. The only thing that I saw that I would, you know, ask for a friendly amendment is in Section B,'{vhere it stipulates that each nominated person should reside, own property, or own a business in the City of Miami. I think that they should also be able to be part of it if they work in the City of Miami. In other words, they don't necessarily own a business, but they are employed in the area of the City of Miami, if you see in Section B. " Vice Chair Hardemon: You know, I completely understand that, and I would love to hear what the rest of the Commission has to say about it, because what this has established (UNINTELLIGIBLE) that you are either a resident, a property owner, or a business owner, so you have some stake, some serious stake within the City of Miami versus having someone that maybe lives in West Palm Beach that drives to and from and works here. So it's up to you. I mean, if there is no objection to that from the rest of the Commissioners, then -- Commissioner Carollo: Yeah, because someone could -- and I wouldn't go as far as West Palm Beach. I think that will be the extreme, because that will be a long drive every day, but someone that does live somewhere else. However, they work there. They may love their job, and they may be, you know, very good at what they do, and that doesn't -- I don't think we should discourage someone that actually works in the City of Miami to, you know, not have them apply, especially if they have the knowledge, the experience, and the will to do something like this. Vice Chair Hardemon: So, if there's no objection from anyone else, then I'll accept it. Commissioner Carollo: Thank you. Chair Gort: Okay, it's a friendly amendment. Let me tell you. There's something that I state all the time when we go to Tallahassee and Washington to ask for additional funds. We can see everything that taken place in certain neighborhoods; it's in Brickell and all the area; all the new buildings going up. What people don't understand, we have individuals that came here in the '60s, '70s, and '80s, and the salaries at those time was very low. Those people were not able to -- could not afford to set up a retirement plan for themselves. Those people today are receiving $500, $800, maybe $1, 000 a month. Now you tell me, who can survive that? But what I would like to see -- and a lot of people don't understand that that we have a lot of senior citizens that really sometimes the decision is "Do I buy the drugs, the medicine that I need, or do I eat? What do I do today?" So I think -- what I would like to see is the specific goal for this committee, because I have committees that have problem having people to stay in the committee, because the original goals of the committee, they're no longer there; they really go to a couple of meetings; they get bored because they're not working with the issues supposed to be working with, so I want to make sure that we set up goals, and maybe they can -- they're the one that can set up the goals, but it's very important that they know what is the mission of this committee. Okay, it's an ordinance. Victoria Mendez (City Attorney): Chairman Gort, ifI may? Based on the revision that Commissioner Carollo made and was accepted by Mr. -- Commissioner Hardemon, is there -- instead of that, could it be that these provisions can be waived by four -fifths of the Commission? Because we have strict requirements right now that each Commissioner needs to appoint someone from their district, so you might have someone that actually is a -- someone that works in the City of Miami but may live in another district or something along that nature. Can it be something that you could just waive these requirements or --? I'm just -- City of Miami Page 31 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Vice Chair Hardemon: That's fine. Ms. Mendez: -- giving that suggestion just because you might have other prohibitions as well. Vice Chair Hardemon: I think that's acceptable in the language. That's fine. Commissioner Carollo: I'm sorry, Commissioner Hardemon? Vice Chair Hardemon: No. I think that's acceptable. Basically, instead of -- Commissioner Carollo: I understand what you're saying. I actually didn't want to have to go through that step. I would prefer that at least they -- someone that works within the City is also, you know, allowable, but I guess, you know, I'm flexible. We can do four -fifth, if you prefer, but I actually prefer, you know, right off the bag [sic], that someone that works within the City of Miami and within a district, you know, could actually, you know, be part of this committee. Ms. Mendez: Okay. Then if -- then I will just have to draft like one extra sentence, because just note that based on the other requirement that a City Commissioner needs to nominate someone that is within their own district, you have that -- they have to work within your district basically. So I just wanted to bring that to your attention, if that's -- that revision is made as you described. Chair Gort: Thank you. Ms. Mendez: Thank you. Chair Gort: Ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 5-0. Chair Gort: Thank you. By the way, Sergeant Soler, it seems like the kids really got you working; you lost quite a few pounds, huh? Welcome. It's a pleasure to have you back. Look, we might as well take the -- Commissioner Suarez: I think he'd make a great senior citizen panel advisory board member. Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: That's what I'm suggesting, anyway, for you (UNINTELLIGIBLE). Ms. Mendez: District 4, District 4. Commissioner Sarnoff. What's amazing is how good he looks and how well Botox works. FR.5 ORDINANCE First Reading 15-00766 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 55/ SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS/ENCROACHMENTS City of Miami Page 32 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 ON OR IN RIGHTS -OF -WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS", TO BE CONSISTENT WITH APPLICABLE LAW AND CREATING SECTION 55-14(G), TO ALLOW THE CITY OF MIAMI TO ENTER INTO AN EASEMENT OVER RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00766 Summary Form SR.pdf 15-00766 Legislation SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Daniel J. Alfonso (City Manager): FR.5. Chair Gort: Thank you. Yes, sir. Eduardo Santamaria: Good morning, Commissioners. Ed Santamaria, director of Public Works. FR.5 is an ordinance amending the City Code to allow the City to enter into an easement in favor of the abutting property owner for the use and underpass below or aerial easement above a public right-of-way, public easement, or emergency access easement. Commissioner Suarez: Another easement. So moved. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff I'm going to second with an amendment. Chair Gort: It's been second. They going to bring a friendly amendment. You want to -- Commissioner Sarnoff Friendly amendment is as follows. Under Subsection Following sentence be installed: Further, the City Commission may waive the user fee for transportation uses that related to transportation projects of citywide or regional importance, including but not limited to public transportation and public purpose, or governmental/public agencies or entity provided rail -related uses." Commissioner Suarez: I would accept that. Chair Gort: Okay, seconder accept it. Commissioner Carollo: Could you read that again, Commissioner Sarnoff? Commissioner Sarnoff Sure. Commissioner Carollo: That was quite lengthy. Commissioner Sarnoff No, that's all right. "Furthermore, the City Commission" -- so us -- "may waive the user fee for transportation uses that are related to transportation projects of citywide or regional importance, including but not limited to public transit and public purpose, or governmental/public agency, or entity provided rail -related uses." Chair Gort: Yes, sir. Mr. Alfonso: Commissioner, are we including private companies or only public related? So are we talking about South Florida Regional Transportation Agency, or are we talking about All City of Miami Page 33 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Aboard? Commissioner Sarnoff Well, it depend -- it -- all it's saying is as long as it's a public purpose or governmental use. Mr. Alfonso: Well, I want to make sure it's clearly defined. Chair Gort: In other words, it can be a private company that's providing public services and -- Mr. Alfonso: Right. So, if it's a private and -- Chair Gort: They have to -- Mr. Alfonso: -- for -profit corporation that is operating between Miami and wherever, they would have to pay the fees? But if it's a public transportation, you're saying then we waive those fees? Commissioner Sarnoff Well, correct me if I'm wrong. Don't we on occasion -- for instance, the elders -- don't we provide services that we deem to be public purposes to private agencies? I thought I was up here and I heard that. Ms. Mendez: Yes, but this has to do with easements, aerial easements over properties. So, again -- and this is all public policy, but it just has to do with a value of -- Commissioner Sarnoff And all I'm suggesting, it has to come back to this Commission for further vote. Commissioner Suarez: Right, that's what I heard. Commissioner Sarnoff Right. I'm just saying we become the arbiter -- Commissioner Sarnoff Which we could -- Commissioner Sarnoff -- of whether it is public purpose. Commissioner Suarez: -- do theoretically. Right. Commissioner Carollo: Is it possible to table this with the other, so we bring them all back together? I would -- Commissioner Sarnoff Sure. Commissioner Carollo: I want to see exactly -- and I get it, because I -- you know, the first thing I heard was "may," you know, right in the beginning of the sentence. Commissioner Sarnoff May." Commissioner Carollo: May. "I got you. Commissioner Sarnoff The City Commission lhay. " Commissioner Carollo: Right, lhay. " Commissioner Sarnoff Right. City of Miami Page 34 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Carollo: I got it. Commissioner Sarnoff I have -- Commissioner Carollo: But I still want to, you know -- Ms. Mendez: The other option is that you could pass it as it is, and between first and second, we can add it, but -- and then it could be more discussed. Commissioner Sarnoff That'd be another option. Ms. Mendez: Hmm? Commissioner Sarnoff That'd be another option. Ms. Mendez: It could be, you know, vetted and discussed, and it'll tell you -- and maybe Transportation could come up with ideas of what it would truly mean. Chair Gort: Yeah, be specific. Commissioner Carollo: I don't have a problem with that. Chair Gort: Okay. Yes, sir, you're recognized. Mariano Cruz: Yes, sir. Mariano Cruz, 1227 Northwest 26th Street. I'm going to speak in this about transportation. How many of you take public transportation, the Metrorail, the bus, or anything? I have never seen any of you in Metrorail, and I take it every day, because I don't drive. I do not -- I take it Metrorail. I take the bus. I take the Tri-Rail. Everything. I never seen any of you, any of you there. And you talking about that? No, no. Maybe you -- Chair Gort: We use different rail. Mr. Cruz: No, no, no, no, no, because -- Chair Gort: We use the downtown (UNINTELLIGIBLE). Mr. Cruz: How you going to talk about something when you don't use it? Use it, use it. Oh, yeah, but let's do it for you. We know what is good for you. Oh, yes, sure. Oh, sure, you know what is good for me. Don't tell me that. I know what is good for me, because I use the transportation every day. Every day I use it. And I have the -- no, easy -- Chair Gort: Gold Pass. Mr. Cruz: Everything, and I don't pay. Chair Gort: Yeah. Mr. Cruz: You pay for it for me, which is good. Thank you, all of you, for paying for my transportation. I like for you -- for what you do, what you get. You going to use it or you going to just to say, "This is good for you"? Thank you. Chair Gort: Thank you, sir. Commissioner Suarez: You know what happens if you don't use it, right? You lose it, so. City of Miami Page 35 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Chair Gort: Anyone else? Close the public hearings. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Commissioner Suarez: So just to be clear -- Commissioner Carollo: Yes. Commissioner Suarez: -- this is as is -- Commissioner Carollo: Right. Commissioner Suarez: -- not modified. Ms. Mendez: Correct, as is, and it'll give the -- Commissioner Suarez: Be modified (UNINTELLIGIBLE). Ms. Mendez: -- Administration time to -- Commissioner Suarez: Right. Commissioner Carollo: Right, between first and second reading. Commissioner Suarez: Got it. Ms. Mendez: Correct. Commissioner Carollo: But we're bringing it as it is written in our agenda. Ms. Mendez: Right now, right. Commissioner Carollo: Okay. Commissioner Suarez: Yeah. Todd B. Hannon (City Clerk): Roll call on item FR.5. Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Sarnoff? Commissioner Suarez: Why wouldn't you vote for it? Commissioner Sarnoff Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: the ordinance passes on first reading, 4-0. City of Miami Page 36 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Chair Gort: Thankyou. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 15-00697 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, RETROACTIVELY APPROVING THE SELECTION OF GALLS, LLC, FOR THE PROVISION OF POLICE UNIFORMS AND ACCESSORIES FOR THE MIAMI POLICE DEPARTMENT, FORA PERIOD NOT TO EXCEED ONE HUNDRED EIGHTY (180) DAYS, ALLOWING FOR CONTINUITY OF SERVICE AND PROCUREMENT OF A NEW CONTRACT. 15-00697 Summary Form.pdf 15-00697 Legislation.pdf 15-00697 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 Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0270 Chair Gort: RE.1. Commissioner Sarnoff. Talking 'bout the game -- Chair Gort: Four -fifth. Commissioner Sarnoff. -- the rules change. Chair Gort: Don't anybody move. Commissioner Suarez: Don't anybody move; you're under arrest. Rodolfo Llanes (Chiefi: Rodolfo Llanes, Chief of Police. It's a resolution of the City of Miami Commission, with an attachment, by a four -fifth affirmative vote, ratifying and approving, confirming the City Manager's emergency finding that it is most advantageous for the City of Miami to waive competitive sealed bidding procedures pursuant to 18-9, as amended; retroactively approving the selection of Galls, LLC (Limited Liability Company), for the provision of police uniforms and accessories for the Miami Police Department for a period not to exceed 180 days. Chair Gort: Thankyou, sir. City of Miami Page 37 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Sarnoff Can I move this for discussion, Mr. Chair? Chair Gort: It's moved. Is there a second? Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Sarnoff second by Commissioner Carollo. Discussion. Commissioner Sarnoff Thank you, Mr. Chair. And Chief I -- and I'm inviting the other Commissioners. On June 30, we're going to do a presentation to show how we're doing on the hiring of police officers. But if you'll recall, it was at, I think, a Commission meeting two meetings ago that we learned that we had some folks, since January of this year, who we had hired that didn't go out to service because they didn't have uniforms, so I asked the Chief to give me the emails as to how long this problem from Harrison had been, you know -- had commenced. And the memos -- and the emails go back to January of 2014, and anybody that wants them, I, of course, have them in my office. And I'm not suggesting that -- that was the beginning of the problem, and I see this as a symptom of a deeper problem that we're continuing to have, and the Chief has candidly admitted that something should have happened differently with Harrison, I think, right? Should have been more expeditious. Chief Banes: I'm sorry; I don't understand the question that I candidly admitted to. Commissioner Sarnoff I thought you did at one of the Commission meetings; that Harrison should have been dealt with on a more expedited basis. Chief Llanes: Well, I mean, there's a process in place to non -disqualify the actual winning bidder, and I'm not an expert in that, so I don't know. But we did try. I was fearful of doing that, because I knew we were going to fall into this sort of time frame that we had no vendor, and we were going to have these issues, but they weren't responsive, so we had to do what we had to do. So that was the discussion and the lag in time was that, and so -- but we are where we are. Commissioner Sarnoff Yeah, but I don't want to just say "we are where we are," because I want to -- I don't want to get to where we are where we are ever again, so what I'd -- Chief Banes: Commissioner, I hate to interrupt you, and I don't either, but it's very difficult to forecast when a private company is going to go out of business or not comply with the terms of their contract, and so forecasting that is a very difficult position to be in, and that's why I said that we are where we are. Commissioner Sarnoff No, I understand you want to say "we are where we are," but I have the benefit of having read about, I don't know, 70 or 80 emails that the other Commissioners may not have that benefit of but I'll certainly make sure that I'll have copies to your office today. And I'm just asking you, Chief do you think the process worked as expeditiously as it should have and could have based on what you know today? Chief Llanes: No. Commissioner Sarnoff Okay, I don't think so either, because this problem was extremely apparent over nine months ago. When I say extremely apparent"- I just -- I think the Manager needs to look at Procurement; and something as, I think, significant as police uniforms -- when we struggle to budget and appropriate for more officers and police are not going out on the street because they either don't have a shirt or they don't have pants, I think puts egg on our face, 'cause, the end of the day, people don't really look to the Manager and sometimes don't look to the Mayor, but they look at a district Commissioner like "I haven't seen a cop here all day," and they want to see patrols. And something as simple as uniforms and looking at that record, there's City of Miami Page 38 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 something wrong with either Procurement or the interaction of the department with Procurement. Chief Llanes: Some of that is my fault, because I was very hesitant to move forward in disqualifying this vendor because the number of years that we have been in employment. It is very difficult to get somebody else to come in and take over a contract as big as ours. Simple things like just our patches that have to be recreated take a lot of time. And so, some of that hesitancy time is my fault, because I didn't want to pull the trigger on disqualifying the vendor. I wanted to do everything that I could to try and get them to comply, because I knew what was corning after, and that's why we're here. So, you know, some of that is attributed to me and some of that is attributed to somebody else, but a lot of it I take responsibility for, because -- Commissioner Sarnoff. And -- Chief Llanes: -- I was very hesitant to disqualify the vendor. Commissioner Sarnoff. -- you're using the captain of the ship mentality, which is, `I'm the captain of the ship, and I'm the one that chose to ride this thing out as long as I did, based on long-term relationships. " But for us as Commissioners, we're left with certainly two female officers hired in January; certainly five officers hired in February; certainly three more hired in March, not being deployed, and the colloquial term was `playing basketball" for those months, and they could have been deployed with whatever you guys call those baggy pants and a police shirt, but they weren't deployed. Well, I guess the point of the conversation is -- you ever hear of the expression But for a nail, the kingdom is lost? Chief Llanes: Yes. Commissioner Sarnoff. But for a uniform, nine officers did not get deployed. Chief Llanes: Yes. Commissioner Sarnoff. I think that's sad. Chief Llanes: Yes. Commissioner Sarnoff. Okay. Thanks, Chief. Chief Llanes: You're welcome, sir. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.2 RESOLUTION 15-00535 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S APPROVAL OF THE Management SELECTION COMMITTEE'S ("COMMITTEE") FINDINGS AND RECOMMENDATION THAT OUTFRONT MEDIA MIAMI, LLC ("PROPOSER"), F/K/A VAN WAGNER MIAMI, LLC, IS THE TOP RANKED PROPOSER FOR THE REQUEST FOR LETTERS OF INTEREST NO. 12-13-062, FORA LICENSE ("LICENSE") TO OPERATE AND MAINTAIN AN OUTDOOR ADVERTISING SIGN ON CITY -OWNED PROPERTY LOCATEDAT400 SOUTHEAST 2ND AVENUE, MIAMI, FLORIDA 33131 ("PROPERTY"), ALSO KNOWN AS THE JAMES L. KNIGHT CENTER; FURTHER AUTHORIZING City of Miami Page 39 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 AND DIRECTING THE CITY MANAGER TO EXECUTE A LICENSE, IN SUBSTANTIALLY THE ATTACHED FORM SUBJECT TO THE REVIEW AND APPROVAL OF THE OFFICE OF THE CITY ATTORNEY, FOR A MINIMUM BASE USE FEE OF TWELVE THOUSAND DOLLARS ($12,000.00) PER ANNUM AND A MINIMUM PERCENTAGE USE FEE OF TWENTY PERCENT (20%) OF THE GROSS SALES THAT EXCEED THE ANNUAL MINIMUM BASE USE FEE, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LICENSE, WHICH NON -MATERIAL TERMS MAY BE AMENDED BY THE CITY MANAGER, AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 15-00535 Summary Form.pdf 15-00535 Memo - Manager's Approval.pdf 15-00535 Legislation.pdf 15-00535 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Noes: 1 - Commissioner(s) Carollo Absent: 1 - Commissioner(s) Suarez R-15-0271 Chair Gort: RE.2. Daniel Rotenberg (Director): RE.2, Commissioners -- Daniel Rotenberg, Department of Real Estate & Asset Management. It's a resolution giving a license to Outfront Media as a result of the RELI (Request for Letters of Interest) to operate and maintain an LED (Light -Emitting Diode) outdoor advertising sign at the James L. Knight Center, 400 Southeast 2nd Avenue; the terms -- permit fee is about $112, 000 a year; the annual base rent, $12, 000, with a 20 percent gross sales cut. Chair Gort: Okay, thank you. Motion. Discussion. Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Commissioner -- Vice Chairman Hardemon for discussion. Discussion. You're recognized. Vice Chair Hardemon: One second. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Can I start the discussion? Chair Gort: Sure. Commissioner Carollo: Thank you. Mr. Director, I have a question. And I'm glad to see the backup information that has a lot of the explanations, but I'm seeing here that there is a City of Miami Page 40 Printed on 7,20/2015 City Commission Meeting Minutes June 25, 2015 discrepancy with what the City should be receiving on return. I see in our legislation that it should be 20 percent of -- give me a second -- Chair Gort: A minimum base fee. Victoria Mendez (City Attorney): Of the gross sales that exceed the annual minimum base use fee. Commissioner Carollo: Okay. It should be 20 percent of the effective gross sales; yet, when you look at the actual breakdown of what this return to the City, I see here 7 percent of gross sales. Mr. Rotenberg: That was the proposal summary; that wasn't what was executed. That page was what they proposed. You're looking at page 1 of 4 of their proposal? Commissioner Carollo: That's correct. Mr. Rotenberg: Their actual agreement does say 20 percent of the gross sales. Commissioner Carollo: Okay, so this is just what they had proposed. It's still backup -- it's backup material -- Mr. Rotenberg: Correct. Commissioner Carollo: -- but it's not what was agreed to. Mr. Rotenberg: That's correct. Commissioner Carollo: Okay, so what was agreed to was the 20 percent? Mr. Rotenberg: Correct. Commissioner Carollo: Okay. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye."Aye. Commissioner Sarnoff. Aye. Commissioner Carollo: No. Chair Gort: We have three "ayes"? Vice Chair Hardemon: Yeah. Chair Gort: Okay. RE.3 RESOLUTION 15-00721 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE Management AND EXECUTE A SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE AND MODIFICATION TO DECREASE THE SQUARE FOOTAGE AND SLIPS ("MODIFIED LEASE"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT City of Miami Page 41 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 TRUST FUND ("STATE"), FOR THE CONTINUED AND RENEWED USE OF STATE-OWNED SUBMERGED LANDS ("SUBMERGED LANDS") LOCATED ADJACENT TO CITY -OWNED UPLAND PROPERTY AT 250 NW NORTH RIVER DRIVE ACROSS FROM LUMMUS PARK, MIAMI, FLORIDA ("UPLANDS") FORA TERM ENDING JANUARY 1, 2017; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE FUTURE MODIFIED LEASE RENEWALS, EXTENSIONS, AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDED THAT ANY SUCH FUTURE MODIFIED LEASE RENEWALS, EXTENSIONS, AMENDMENTS AND MODIFICATIONS DO NOT CONTAIN MATERIAL AMENDMENTS OR MODIFICATIONS TO THE TERMS AND CONDITIONS OF SAID MODIFIED LEASE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE MODIFIED LEASE. 15-00721 Summary Form.pdf 15-00721 Legislation.pdf 15-00721 Exhibit.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0272 Chair Gort: RE.3. Thank you. Daniel Rotenberg (Director/Department of Real Estate & Asset Management): RE.3. RE.3 is a resolution of the Miami City Commission authorizing the City Manager to execute sovereign submerged land fee which was waived at zero dollars per year. This is for Lummus Park for the 15 slips to be used by the public. Out of the 15 slips, one of the slips will be used for a law enforcement boat; one will be used for a water taxi; the rest of the slips will be used for public use. There's no staying overnight. This was a lease that expired in December 31 of 2012. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Thank you. Vice Chair Hardemon: May I ask a question? The -- there are already 15 slips available there; is that correct? Mr. Rotenberg: I don't know if they're available to use right now. The work has been done. This is to sign a submerged land lease that was not -- that was expired; that needs to be signed to continue on. Vice Chair Hardemon: Right. So, I'm just trying to have an understanding. With the submerged lands lease, there was -- there's already space there. They're reducing the square footage for that property, so they're making it more streamline where you -- Mr. Rotenberg: Correct. Vice Chair Hardemon: -- can have boats pass by more easily. Mr. Rotenberg: Correct. Vice Chair Hardemon: So, my question then would be, it would be able to outfit just as many City of Miami Page 42 Printed on 7,20/2015 City Commission Meeting Minutes June 25, 2015 RE.4 15-00711 vessels as it was before; is that correct? Mr. Rotenberg: That's correct. Vice Chair Hardemon: And were there restrictions -- or were there assignments for certain vehicles or certain vessels before this lease here? Mr. Rotenberg: I'm not aware of any assignments that existed beforehand. Vice Chair Hardemon: And I'll -- let me not use the word assignments."Meaning, spaces that were available for docking, were there places, for instance, for the police, for all these other vessels before? Mr. Rotenberg: Not that I'm aware of. Daniel 1 Alfonso (City Manager): There were no leases. It's drop-off and pick -off [sic]. Unidentified Speaker: It's drop-off and pick-up. Vice Chair Hardemon: Okay. So now they'll be able to just -- Mr. Rotenberg: This is just for public use. Vice Chair Hardemon: -- okay. Mr. Rotenberg: If anybody stops there, stays -- you can't stay overnight, and they have to leave. Vice Chair Hardemon: I'm sorry. I thought I heard you just say something about the police being able to -- Mr. Alfonso: No, no. The lease is with the State for the submerged lands. Vice Chair Hardemon: Understood. Mr. Alfonso: The docks will be for -- like a parking lot; only you come in, you stay there maybe an hour or whatever, you get out. Vice Chair Hardemon: Okay. All right, so moved. Mr. Alfonso: There will be no overnight. You can't leave it there like a marina. Vice Chair Hardemon: Okay. Chair Gort: Okay, it's a motion. Is there a second? 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. RESOLUTION City of Miami Page 43 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE Management AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A TRI-PARTY AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES ("TRI-PARTY AGREEMENT"), BETWEEN MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY") AND FLAGSTONE ISLAND GARDENS, LLC ("DEVELOPER"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ANY FUTURE EXTENSIONS, MODIFICATIONS, RENEWALS, AMENDMENTS AND ADDENDA TO THE TRI-PARTY AGREEMENT UPON THE CONDITION THAT THERE ARE NO COSTS TO THE CITY FOR ANY SUCH FUTURE EXTENSIONS, MODIFICATIONS, RENEWALS, AMENDMENTS, AND ADDENDA. 15-00711 Summary Form.pdf 15-00711 Back -Up - Letter from MDC.pdf 15-00711 Legislation.pdf 15-00711 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Noes: 1 - Commissioner(s) Carollo Absent: 1 - Commissioner(s) Suarez R-15-0273 Daniel Rotenberg (Director/Department of Real Estate & Asset Management): RE.4. RE.4 is a resolution to negotiate and execute a tri party agreement for the utility hookups over at Flagstone. The tri-party is City of Miami, Flagstone Island Gardens, LLC (Limited Liability Company), and Miami -Dade County. Commissioner Sarnoff So moved. Chair Gort: Thank you. It's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any discussion? Being none, all in favor, state it by saying fiye. "Aye. Commissioner Sarnoff Aye. Commissioner Carollo: No. RE.5 RESOLUTION 15-00631 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE GREEN CORRIDOR PACE DISTRICT TO EXPAND ELIGIBILITY FOR FINANCING OF QUALIFYING IMPROVEMENTS TO PROPERTIES WITHIN HISTORIC DISTRICTS. 15-00631 Pre-Legislation.pdf 15-00631 Legislation.pdf City of Miami Page 44 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 RE.6 15-00718 SPONSORS: HONORABLE MAYOR TOMAS REGALADO COMMISSIONER FRANCIS SUAREZ Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item RE.5 was continued to the July 23, 2015 Planning and Zoning Commission Meeting. RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND Commissioner Marc DIRECTING THE FILING OF A MAINTENANCE MAP TO MEMORIALIZE THE David Sarnoff DEDICATION OF SOUTH BAYHOMES DRIVE, PARK LANE, AND PARK COURT, MIAMI, FLORIDA, TO THE PUBLIC BASED ON MAINTENANCE AND REPAIR DURING THE IMMEDIATE PAST SEVEN (7) YEARS, IN ACCORDANCE WITH FLORIDA STATUTES SECTION 95.361, AS STATED HEREIN. 15-00718 Back-up from Law Dept..pdf 15-00718 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, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0274 Chair Gort: RE.5. Daniell Alfonso (City Manager): RE.5 was deferred, Commissioner. Chair Gort: All right. Mr. Alfonso: RE.6, Commissioner Sarnoff. Victoria Mendez (City Attorney): This is the filing of a maintenance map in South Bay Homes Drive, Park Lane, and Park Court. Based on Florida Statute 95.361, when there's work done on particular private streets -- and over the years, there has been done in 1950s and 1991 -- but more specifically, and what applies to Florida Statute, is the past seven years. The City can file maintenance maps in order to show that this is a public street and to continue to do any work that may be needed on those streets, obviously, subject to any easements or things that -- or reservations. So that is what this item is for. It's for the City to basically file a maintenance map at this location, due to the work that has been done there in the past seven years and previously throughout the City's history. Commissioner Sarnoff. So moved. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? City of Miami Page 45 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Vice Chair Hardemon: Second. Chair Gort: Second. Yes, sir. Ray Robinson: Good morning. Ray Robinson, 3895 Park Avenue. I'm here, first of all, for point of information. There was not a map, as I understand it, that was attached to the resolution, so I'm not sure what actual roadways are being included. And the other issue -- and I know that Mr. Sarnoff knows of this, because we had a meeting with him approximately a year ago. There is a resident in that area that owns a strip of land that doesn't belong to -- it isn't dedicated to the public, and I'd like to know if that's being or intended to be included within this? So -- Commissioner Sarnoff That is not the intent. That is not the expression. Mr. Robinson: Okay. Commissioner Sarnoff It would not include that land. Mr. Robinson: Okay, great. That's what I needed just some clarification on that, because as I said, there was no map actually attached. So thank you, sir. Commissioner Sarnoff Tell your client you did a great job. Chair Gort: Let me ask a question. My understanding, there was -- this was previously private roads. Ms. Mendez: Yes. Chair Gort: And we did some work on it. Ms. Mendez: We've done -- in the '50's, we repaved the whole road. In the '90's -- Chair Gort: When was that again? Ms. Mendez: -- we did -- In the '50's. Chair Gort: So they became City road then? Ms. Mendez: Arguably, they should have. They should have, but they did not. Then in the '90's, we did it again; they did not become public at that time. And then in the past seven years, we've done trash holes, potholes, a series of things in that, so now the City will be filing a maintenance map in order to correct the discrepancy with public versus private. So it'll become a public road that the City can continue to maintain appropriately, but that wasn't done in the past. Chair Gort: But in other words, we should've never have done that? Ms. Mendez: Arguably -- Chair Gort: (UNINTELLIGIBLE) property (UNINTELLIGIBLE) -- Ms. Mendez: Right. Chair Gort: -- owners? Ms. Mendez: Right. City of Miami Page 46 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 RE.7 15-00755 Chair Gort: Okay. Ms. Mendez: And sometimes, you know, it's really hard when you have, you know, hundreds and hundreds and thousands of roads to know when a citizen calls and says, Oh, please, fix my trash hole, fix my potholes; do this or that. 'That's sometimes -- Mr. Alfonso: I just want to draw a distinction between trash holes and potholes. Because the trash hole, we cause the damage, so I think -- Chair Gort: Yeah. Ms. Mendez: Right. But arguably, they still have to maintain -- based on the swale area and such, that still would have to be maintained also by the property owner, but -- Chair Gort: I got it. Ms. Mendez: -- with that said -- Chair Gort: I got it, I got it. Okay, thanks. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CommissionerKeon CITY MANAGER TO ACCEPT THE DONATION AND INSTALLATION OF TEN Hardemon (10) SCULPTURES FROM NINATORRES, AT AN ESTIMATED FAIR MARKET VALUE OF $1,000,000.00, TO BE INSTALLED ALONG THE MIAMI RIVER AND THE PUBLIC MIAMI RIVER GREENWAY/RIVERWALK; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR THE ACCEPTANCE OF SAID DONATION. 15-00755 Legislation.pdf RE.8 15-00756 Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item RE.7 was continued to the July 23, 2015 Planning and Zoning Commission Meeting. RESOLUTION OMNI Community A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Redevelopment ATTACHMENT(S), APPROVING THE SALE OF OMNI REDEVELOPMENT Agency DISTRICT COMMUNITY REDEVELOPMENT AGENCY OWNED PROPERTY LOCATED AT 1441 NORTH MIAMI AVENUE, MIAMI, FLORIDA, CONTAINING APPROXIMATELY 8,000 SQUARE FEET OF IMPROVED PROPERTY, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED TO 14TH STREET DEVELOPMENT LLC, A FLORIDA LIMITED LIABILITY COMPANY. City of Miami Page 47 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 15-00756 Summary Form.pdf 15-00756 Pre-Legislation.pdf 15-00756 Legislation.pdf 15-00756 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0275 Chair Gort: RE. 7. Daniel J. Alfonso (City Manager): Seven was deferred, Commissioner. RE.8, the Omni. Commissioner Sarnoff Can we -- Todd B. Hannon (City Clerk): That's to be heard after lunch. Mr. Alfonso: Oh. Mr. Hannon: After lunch. Mr. Alfonso: After lunch. Commissioner Sarnoff We could -- Chair Gort: Don't forget, 12 o'clock, we're going to have the Omni -- Commissioner Sarnoff Actually, we could do that. Chair Gort: -- CRA (Community Redevelopment Agency) meeting. Commissioner Sarnoff Is there any reason we couldn't do it right now? Pieter Bockweg: Pieter Bockweg, executive director, Omni CRA. It's related to the first agenda item on the CRA agenda, and it needs to be in the process that, first, the CRA board approves and then City Commission, sir. Commissioner Sarnoff Why couldn't we approve it subject to the Omni Board approving it; get it other with? Chair Gort: You can make that motion. Commissioner Carollo: Second. Commissioner Sarnoff So I'm going to make a motion that we approve this, subject to the Omni Board approving RE.8. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Any discussion? Being none, all in favor, state it by saying Eye." The Commission (Collectively): Aye. City of Miami Page 48 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 RE.9 15-00748 Department of Real Estate and Asset Management Chair Gort: Okay. Mr. Bockweg: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY ACCESS AND HOLD HARMLESS AND INDEMNIFICATION AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND DT MIAMI, LLC ("DT MIAMI"), TO ALLOW DT MIAMI TO USE CITY -OWNED PROPERTY IDENTIFIED AS FOLIO NUMBER 01-3136-000-0090, LEGALLY DESCRIBED IN EXHIBIT "A-1," AND FURTHER DEPICTED IN EXHIBIT"A-2" ("TRACT F&G"), BOTH ATTACHED AND INCORPORATED, FOR THE COMMENCEMENT OF STAGING AND CONSTRUCTION OF IMPROVEMENTS, AS DEPICTED IN EXHIBIT "C," ATTACHED AND INCORPORATED, GENERALLY CONSISTING OF OVERHEAD TRACKS, INCLUDING AT -GRADE AND BELOW -GRADE FOUNDATIONS AND COLUMNS, UNDER, OVER, AND WITHIN TRACT F&G; WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE AGREEMENT. 15-00748 Summary Form.pdf 15-00748 Back -Up Documents.pdf 15-00748 Legislation.pdf 15-00748 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0276 Daniel J. Alfonso (City Manager): Nine. Daniel Rotenberg (Director/Department of Real Estate & Asset Management): RE.9, Commissioners, is a resolution authorizing the City Manager to execute an access -- Chair Gort: I'm sorry; where we at? Mr. Rotenberg: I'm sorry? Chair Gort: Where are we at? Mr. Rotenberg: This is RE.9. Chair Gort: Okay. Mr. Rotenberg: RE.9 is a resolution authorizing the City Manager to execute a temporary access and hold harmless and indemnification agreement between the City and DT Miami, which is FEC (Florida East Coast). This is to commence the staging and construction of improvements, including the pilings at grade and below grade foundations and columns. City of Miami Page 49 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Chair Gort: Okay, thank you. Motion. Questions. Commissioner Sarnoff So move. Chair Gort: Been moved by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Is there a second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Discussion. Any discussion? Being none, all in favor, state it by saying liye. " The Commission (Collectively): Aye. RE.10 RESOLUTION 15-00683 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, Waste RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 10, 2015, OR ANY OTHER DATE BEFORE SEPTEMBER 15, 2015 WHICH IS (A) SET BY THE CITY COMMISSION AND (B) PUBLICLY NOTICED, AND DIRECTING THE PROVISION OF NOTICE THEREOF; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO DETERMINE THE APPLICABLE NUMBER OF HOUSEHOLDS FOR THE ASSESSMENT ROLL ON OR BEFORE THE LATEST POSSIBLE DATE BEFORE SUBMISSION OF SUCH REQUIRED INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE ESTIMATED SOLID WASTE ASSESSMENT RATE SCHEDULE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00683 Summary Form.pdf 15-00683 Back -Up from Law Dept.pdf 15-00683 Legislation.pdf 15-00683 Exhibit.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Noes: 1 - Commissioner(s) Sarnoff R-15-0277 Chair Gort: RE. 10, Solid Waste. Mario Nunez: Good morning. This is Mario Nunez, director of Solid Waste Department. This is a resolution of -- we're requesting as a resolution related to the provision of solid waste services facilities and programs in the City of Miami; describing the method of assessing solid waste costs against property located within the city limits; directing the preparation of a solid waste roll; authorizing a public hearing for September 10, 2015; and directing the provision of notice City of Miami Page 50 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 RE.11 15-00757 Office of Management and Budget thereof and providing for an effective date. The resolution would effectively approve the solid waste rate at $380, which is basically the same as it was last year. Chair Gort: Thank you, sir. Any -- motion. Vice Chair Hardemon: So moved. Chair Gort: It's been moved by Vice Chairman Hardemon. Is there a second? Is there a second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying liye. " Commissioner Carollo: Aye. Chair Gort: Aye. Commissioner Sarnoff No. Chair Gort: Okay, one 'ho. " RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS AND ADDING APPROPRIATIONS TO THOSE LISTED IN FISCAL YEAR 2014-2015 MULTI -YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. 14-0322, ADOPTED SEPTEMBER 9, 2015, AS SUBSEQUENTLY AMENDED BY RESOLUTION NO. 14-0383, ADOPTED SEPTEMBER 29, 2014, RESOLUTION NO. 14-0445, ADOPTED NOVEMBER 20, 2014, RESOLUTION NO. 15-0012, ADOPTED JANUARY 8, 2015, RESOLUTION NO. 15-0048, ADOPTED FEBRUARY 12, 2015, RESOLUTION NO. 15-0169, ADOPTED APRIL 9, 2015 AND RESOLUTION NO. 15-0213, ADOPTED MAY 14, 2015 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH. 15-00757 Summary Form.pdf 15-00757 Legislation.pdf 15-00757 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0278 Chair Gort: RE. 11. City of Miami Page 51 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management & Budget. RE. 11 is a capital appropriation/reappropriation item that we've discussed with each of your departments; moving money around. I do have two changes that I'd like to read into the record, if may? Chair Gort: Sure. Mr. Rose: Thank you, sir. Line 41 has a scrivener's error. It is listed as District 2, and it should be listed as District 4. Commissioner Sarnoff Although, we will take credit for it. Just -- Commissioner Suarez: What? Mr. Rose: Thank you. Commissioner Suarez: Scrivener's error. Mr. Rose: And line 30 needs to be withdrawn from the -- Commissioner Suarez: Kennedy bathroom, by the way. Chair Gort: Thirty withdrawn, right? Mr. Rose: Yes, sir, line 30, please, to be withdrawn. Other than that, I'll take any questions you may have. Chair Gort: Thank you. Commissioner Suarez: So moved. Chair Gort: Been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff Second Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Vice Chair Hardemon: I have two questions. Chair Gort: Yes, sir. Mr. Rose: Yes, sir. Vice Chair Hardemon: The first, line 48, in relation to that first -- I know we had some discussions about -- there was a $1.2 million that was supposed to be set aside for field enhancements at Little Haiti Soccer Park. Mr. Rose: Yes, sir. Vice Chair Hardemon: And prior to that, there was about $750,000 that was set aside for the bathroom addition for -- paying for -- it was set aside to be paid for for the bathroom addition, and that was at Little Haiti Soccer Park. And it got me wondering whether or not the monies that were identified for the bathroom were shifted over to the park for the field improvements. The reason I'm asking that question -- so that's my first question -- is because as I understood, we were moving monies from Eden Park and enhancements there and moving it to Little Haiti City of Miami Page 52 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Soccer Park so that we can have the field and the bathrooms. So now I'm seeing dollars moved from one account to -- it appears to be the same account, so help me understand what's happening. Mr. Rose: Certainly, Commissioner. This is the last piece of the puzzle that we had discussed with you. This is the piece that had not been done in the last appropriation, so this will allow us to do both projects. When we had talked about a month -- maybe a month and a half ago, we thought that this was in that one, and we did not have it in it. So this is what should make both projects large enough to do what you want done. Vice Chair Hardemon: Okay. So there are no -- this isn't pulling dollars from any new (UNINTELLIGIBLE) -- Mr. Rose: Correct. Vice Chair Hardemon: -- any -- or any funding source that I just recently received? Mr. Rose: Correct, no, sir. Vice Chair Hardemon: Thank you very much. Mr. Rose: This is, as we discussed, just moving final piece of the puzzle. Chair Gort: Any further discussion? Vice Chair Hardemon: And then well get started? Yes? Daniel J. Alfonso (City Manager): I'm sorry, Commissioner? Vice Chair Hardemon: And then well get started on the --? Mr. Alfonso: Yes, sir, absolutely. Vice Chair Hardemon: Okay, thank you. Chair Gort: We're ready to go on all of them, right? Commissioner Sarnoff In our usual expeditious way. Vice Chair Hardemon: With all delivery of speed. Commissioner Sarnoff Yeah. Chair Gort: Okay. Any further discussion? Commissioner Sarnoff Yes. Chair Gort: Being none, all in favor, state it by saying Eye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair Gort: As amended. City of Miami Page 53 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Rose: Thank you, Commissioners. Vice Chair Hardemon: Thank you. END OF RESOLUTIONS BUDGET BU.1 BUDGET DISCUSSION ITEM 15-00675 Office of Management MONTHLY REPORT and Budget I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) 15-00675 Summary Form.pdf DISCUSSED Daniel J. Alfonso (City Manager): All right, Budget presentation. Vice Chair Hardemon: I have a pocket item; I don't know if we can address that now. Did everyone get -- did everyone on the Commission get passed one of these? Chair Gort: Nope. Victoria Mendez (City Attorney): The copies? Vice Chair Hardemon: Yes. Ms. Mendez: No, I don't think so. I will make sure that it was delivered. One second. Chair Gort: How about the monthly reports, BU.1? Christopher Rose (Director): Good afternoon, again, Commissioners. Chris Rose, Office of Management & Budget. As you saw this past Saturday, I emailed out the monthly report. It has a projection for 10.5 million surplus at the end of the fiscal year in the general fund and 6.4 million surplus in the internal service fund; for a total of $16.9 million. It includes all the expenditures included in the mid -year budget amendment adopted a few meetings ago. It includes a projection of expenditures just short of a million and a half for the Scotty 's court order. It has 200,000 associated with a recent Fire Department general liability lawsuit, and it has the two AFSCME (American Federal, State, County, and Municipal Employees) and one Fraternal Order of Police already completed in negotiations. It does not have the continuing negotiation with the internal -- with the firefighters. It also does not include any revenue still with the SkyRise development, because that is still in litigation. And everything else that you may need is in the report, and I will take any questions you may have at this time. Chair Gort: Thank you, sir. Any questions? Any questions? Thank you. Commissioner Suarez: Excellent. City of Miami Page 54 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 DI.1 15-00674 City Commission Mr. Rose: Thank you. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 15-00674-Submittal-Chief Llanes-Police Department Hiring and Staffing Update.pdf DISCUSSED Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff What are we on? Oh, police hiring? Daniel 1 Alfonso (City Manager): Yes, sir. Police hiring is the first discussion item. Commissioner Suarez: We're going to wait for five more days to get the full presentation? Commissioner Sarnoff Yeah. Chief you know, they just -- they're going to fit me for a bulletproof vest, so when I walk out of here today, I'm okay? Rodolfo Llanes (Chief of Police): I was afraid that I was going to be contumacious this -- it was too close, but I'll defer to whatever you would like. Let me take the opportunity, since we just discussed an item that's very important to all of us, to thank the Chair for supporting PAL (Police Athletic League), and I hope the rest of the Commission follow suit on our gala for Saturday. If you can't make it, your contribution is, of course, appreciated. But following the Chair's lead, I think it's very important in this endeavor. Gentlemen? Commissioner Suarez: It's a great program. ChiefLlanes: Yes, it is. Commissioner Suarez: Good people. Commissioner Sarnoff And it's being held where, Chief? ChiefLlanes: I'm sorry? Commissioner Sarnoff I'm sorry. Where is it being held again? ChiefLlanes: Key Biscayne. Commissioner Sarnoff Ah, I'd love to help. Vice Chair Hardemon: But that -- they attract way too many people, because the bridge only holds so many cars, so if you have too big of an event, it's too successful, they may not be happy at the Village of Key Biscayne. Commissioner Suarez: What's specific -- what -- ChiefLlanes: But let's not lose focus, gentlemen. City of Miami Page 55 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Suarez: Hey -- Chief Banes: The focus is the children. Commissioner Suarez: Listen, wait a second. Where on Key Biscayne? Where is it exactly? Chief Llanes: At the Grand Bay. Commissioner Suarez: Okay, so it is in Key Biscayne. Still love you, Chief. Chair Gort: Thank you. Chief Banes: Let's not lose focus, gentlemen. Commissioner Suarez: No. (UNINTELLIGIBLE). Chief Llanes: It's for the kids. Commissioner Sarnoff (UNINTELLIGIBLE). Chair Gort: I think you're going to -- Commissioner Sarnoff Bring us back. Bring us back. Chair Gort: -- contribution from all the departments -- Chief Llanes: Don't lose focus. Chair Gort: -- and all the offices. Chief Llanes: Well, I'd like to brag for a second, because since the last Commission meeting, we did hire 11, and I'll close that. Commissioner Sarnoff Since the last Commission meeting, what? Chief Llanes: Since the last Commission meeting, we did hire 11. Commissioner Sarnoff Oh, okay. Chair Gort: And they had a uniform. Commissioner Suarez: Let me just say that we're like the third -- I saw an article that we're like the third sweatiest city. I don't know if anybody read that article. Commissioner Sarnoff Right, yeah, yeah, yeah, yeah. Commissioner Suarez: So we should really think about doing Dri-Fit uniforms for our police. I've been talking about it for a while. Vice Chair Hardemon: I think -- but Dri-Fit uniforms -- Dri-Fit clothing doesn't feel good after you sweat and it's cool -- Commissioner Suarez: It's got to breathe. Something that breathes. City of Miami Page 56 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Vice Chair Hardemon: But what is it about the polyester uniforms? Is that the gold standard? Because as I understand it, police officers -- ChiefLlanes: It's really -- Vice Chair Hardemon: It's really hot. Chief Llanes: It's very hot. It's very cold in the winter and very hot in the summer, but it is very durable, and that's why we wear it. Cotton will fade; it'll look ugly after a number of uses, so this is the most durable fabric, not the most comfortable. So we're not talking about comfort; we're talking about durability. Chair Gort: Well, you change your uniforms in the summer, don't you? Chief Llanes: Well, some of us wear white shirts, yes, still. Chair Gort: I mean, they have that options in the summer. Okay. Vice Chair Hardemon: So they don't have -- for instance, for those uniforms, has anyone ever come up with a design where, for instance, at least in the back there's some type of ventilation, (UNINTELLIGIBLE) -- Commissioner Suarez: Sure. Vice Chair Hardemon: -- perforated holes. Chief Llanes: There are. We do have some uniforms that have ventilation on the sides; they have the Dri-Fit type of perforated fabric on the sides. There are some. Vice Chair Hardemon: Okay. Commissioner Sarnoff You know what we should do? We should go out to Lululemon and ask them to create a police uniform. Are you listening, Lululemon? Because it's the most comfortable stuff you can wear. Commissioner Suarez: No. But listen, in all seriousness, when we do -- like, when the mayors challenge in New York, and there are grant opportunities, you know, to redesign and to get grants for new uniforms, I think that's something that we should take advantage of Because, you know, I mean, Lululemon's a great company. I mean, any other company of that magnitude -- Nike, whatever -- but the point is that we should do it on a grant funded basis. There's a lot of challenges to innovative -- doing things innovative. And it's 90 degree -- you know, I don't know what the temperature is right now, but it's got to be somewhere in the high 80's, probably in the low 90's right now. If you're an officer on the beat, I mean, it's unforgiving. Chair Gort: Thank you. Chief Llanes: Thank you, gentlemen. Chair Gort: Thank you, Chief. DI.2 DISCUSSION ITEM 15-00713 City Manager's Office DISCUSSION REGARDING THE CITY OF MIAMI'S PROPOSED 2016 LEGISLATIVE PRIORITIES. City of Miami Page 57 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 15-00713 Summary Form.pdf 15-00713 Legislative Priorities 2016.pdf DISCUSSED Chair Gort: DI.2, legislative items [sic]. Daniel J. Alfonso (City Manager): So the Governor, I think, took care of our legislative agenda. The items that we had as priorities for 2015, we intend to bring back here for 2016 as the legislative priorities. As a matter of fact, our legislative person is currently in Orlando with the League of Cities meetings that are going on to start discussing next year's legislative agenda. As you're all aware, the Governor kind of nixed the request that we had. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: I just want to put on the Commissioners' radar, not that they don't already know, but the legislative session this year has moved up because it's a presidential election year. So I think the best thing for us to do, first of all, is to kind of piggyback off what the Manager just said. Maybe have the Dade Delegation chair come here and give us a synopsis of what happened at the last legislative session, even though we've all read about it, and then his or her idea as to what is achievable in the next legislative session as a forecast in conjunction with our -- so we have like some sort of a process. Chair Gort: Who's going to be the chair this year; do you know? Commissioner Suarez: I don't. I don't know who the current chair of the Dade Delegation is right now. I don't know who it is. I can find out. I'll find out. Chair Gort: Well, let's find out. Commissioner Sarnoff Jeanette Nunez, I think? Commissioner Suarez: Huh? Commissioner Sarnoff Jeanette Nunez. Commissioner Suarez: Jeanette Nunez. That makes sense. Chair Gort: Yeah. Commissioner Sarnoff Yeah. Commissioner Suarez: Yeah. She's a senior member of the Legislature. That makes sense. So she can maybe give us a briefing on, number one, what is likely to happen. What are good requests for us to put in so that we can be, you know, educated on -- not ask for anything that's outlandish. We want to ask for things that we can are doable. Commissioner Sarnoff Right. Commissioner Suarez: And obviously, I'm working with the Dade League of Cities to come up with a legislative agenda that all the cities are on board with, as well. Commissioner Sarnoff Can -- Commissioner, since you're going to -- you're staying on the MPO (Metropolitan Planning Organization), can we kind of focus on the unified vision for traffic solutions? City of Miami Page 58 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Suarez: Yes. And I just want to make clear today that at 3 p.m., I have to go to a Transit Solutions Committee meeting of the MPO. Two subcommittees were created from the debate about consolidating and making the MPO smaller. And so, one of them is a Fiscal Solutions committee; the other one is a Feasibility Committee. So I have to attend that at 3 p.m., just for the Commission's knowledge. Commissioner Sarnoff And just for the record, the last MPO meeting was canceled because of lack of -- Commissioner Suarez: Quorum, I think. Commissioner Sarnoff -- quorum. And would you as the vice chair request how many times in the past three years --? I have it. Commissioner Suarez: Yeah. Commissioner Sarnoff So two meetings were canceled in 2012 for lack of quorum; three meetings in 2013 were canceled for lack of quorum; six meetings in 2014 were canceled for lack of quorum. So anybody that may think a big board is a good board, the big board may be a board that hasn't even acted 11 times in three years. Chair Gort: Small boards are the best. Commissioner Suarez: By the way, it's -- the chair is Anitere Flores of the Dade Delegation. Commissioner Sarnoff Oh, sorry. Commissioner Suarez: No, it's okay. She's a senator. Chair Gort: Okay, that, I think, takes care of most of the agenda. DI.3 DISCUSSION ITEM 15-00478 Department of PRESENTATION OF 2014 FISCAL YEAR AUDIT RESULTS Finance 15-00478 Summary Form.pdf 15-00478-Submittal-Jose M. Fernandez -Management Letter Year 2014.pdf 15-00478-Submittal-Jose M. Fernandez -Single Audit Report Year 2014.pdf DISCUSSED Chair Gort: DI. 3. Jose Fernandez (Director): Good morning, Commissioners. Jose Fernandez, Department of Finance. DL3 is a presentation of the 2014 audit results. Last fiscal year, the City underwent a financial statement audit, and the audit is single audits. Consistent with the financial integrity principles, they're -- external auditors are required to present the results of that audit to the Commission. Today we have Mr. Maginley and Mr. Harris from McGladrey here to present the results to you. Chair Gort: Thank you, sir. Donovan Maginley: Thank you, Jose. Mr. Manager, Mr. Mayor, Mr. Chair, member [sic] of the Commission. I'm Donovan Maginley with the McGladrey. I'm here with my colleague, Neil City of Miami Page 59 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Harris. Just indulge me for a few minutes; I'll be very judicious in time in going through our presentation. We have completed our audit and issued our report, which is included in what's called the "2014 Comprehensive Annual Financial Report," the City's CAFR for 2014. Our opinion that's issued is a clean opinion. Unqualified or unmodified, it's the highest level of assurance that we can provide on any financial statements, and that's included in here. Real briefly, I would like to take just a few minutes to talk a little about just a couple numbers that are included in the financial statements. It's a very -- as titled, a very comprehensive book, and I encourage everyone to read it, inclusive of the MD&A (Management's Discussion and Analysis of Results of Operations and Financial Condition) that management has put together explaining different transactions, and ratios, and issues that occurred during the year. However, the general fund represents a key component of the City's operation. First number I'll mention is the change -- what's called a "change in operations," which represents someone similar in a commercial world whose net income for the year was approximately $37 million. The net position, or let's say, the fund balance or equity of the general fund for the year combined what's -- what we considered available unrestricted for usage between assigned and unassigned is approximately $109 million. We provide no opinion as it relates to the adequacy of that, but on the record, I would say that's a very good number. In addition to our audit, we -- as Jose indicated, that we have issued our reports on the single audit and on the compliance of Federal and State grants. The City participates in approximately 60 million of combined Federal and State monies. Inclusive in that report, we have listed findings that we noted. The findings specific to each program that we audit are condition, recommendation; and in addition, management's responses are inclusive in that report. In addition, in that report we also have addressed the comments from the previous year that were noted by prior auditors. I'll -- I'm happy to say that all except for one comment from the previous years have been fully addressed, and we're being informed by management that they're in the process of addressing the final comment. So they have that comment to address, along with the comments that we noted in the current year. Our last report is the management letter, which outlines any internal control deficiencies or best practices that we noted during the course of our audit. We had approximately six comments that we have articulated in this document. Four of the six relates to IT (Information Technology), and I won't go into it in details, but I'll entertain questions. And as I mentioned before, this is an evolving issue as it relates to information technology; and our IT specialists, as part of the audit, have done an overview and provided feedback and best practices as to what to do in terms of to address any vulnerability or to reduce the issue of being compromised by outside parties, both outside and internal. I'll add to say that during the audit, we had no difficulties with management. We had full access to all records. There are no disagreements in the application of accounting. And we had a very cordial and, I think, very professional working relationship with management during the audit. One more thing I'll add: During the audit, the financial statements represent the adoption of two new pronouncements that were incorporated in here, and you will see that in the report. Next year, there's going to be a very large change or addition to the financial statements that is going to address as it relates to pensions. And as we go through our audit plan for next year, we'll definitely bring that forward to you and the Audit Committee. With that, I'll entertain any questions that any members may have. Chair Gort: Thank you, sir. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. First of all, I'd like to commend Jose Fernandez, and your team, and management. I mean, it clearly is a big difference in the positive from when I first became a Commissioner to now. So, you know, I'd really like to commend you, Jose Fernandez -- City of Miami Page 60 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Fernandez: Sure. Commissioner Carollo: -- and all of your staff. With that said, I'd like to point out a few things, and then follow up on a couple of the items. Number one, again, great job; once again, being able to issue the financial statements on time, the CAFR. However, just next year's goal is to issue the CAFR on time and the single audit in the management letter. So, you know, hopefully, we'll do that by April 30 and be within our financial integrity principles. So I think that should be a goal that's not really mentioned in this. The other things that I want to mention is with regards to -- and again, I'm glad to see that a lot of the prior management comments were actually fixed, so -- and were corrected, so once again, good job on that. Mr. Fernandez: Yep. Commissioner Carollo: And I want to touch upon some of the ones for this year. As you said, four of them deals with IT. Mr. Manager, do you feel that those could be -- I mean, some of them seem pretty simple -- could be fixed within a reasonable amount of time, or by when do you expect those to be fixed or corrected? Mr. Alfonso: Commissioner, we agree that some of those, like change management and password policies -- Commissioner Carollo: Exactly. Mr. Alfonso: -- are fairly simple fixes, and they should be corrected right now. I mean, those are pretty simple. In the proposed budget that we have for next year, we are requesting from the Commission some funds for security enhancements in our IT section, so we expect that those will be addressed. Commissioner Carollo: Okay. So if I, let's say in a few months, would bring a discussion item to see -- to follow up to see exactly where we are with the corrective process, you wouldn't have a problem with that? And what I want is to have a reasonable amount of time. In other words, I don't want to wait a whole year to see if that has been corrected or not. I want to see if, you know, maybe three months, two months -- I don't know. Some of this, like I mentioned, are relatively easy to fix, but I want to make sure that we do fix them. Mr. Alfonso: Understood, sir. Commissioner Carollo: The other one that I want to touch upon -- and I know -- listen, and I'm aware. We've made some strides. -- is with regards to your first finding, and I think it coincides with the financial integrity principle. What I'm concerned about, Mr. Manager, and I'll be honest with you, is that it appears to me like we're going to have that same finding next year, and I'm concerned about that, because it appears to me that the plan is to have a new computer system, and it's not enough -- Mr. Alfonso: Commissioner, ifI may? Are we talking about the spending -- the capital spending? Commissioner Carollo: Yes. Mr. Alfonso: Okay. The issue of spending capital dollars in the City of Miami has been a problem. As you know, we're dealing with the IRS (Internal Revenue Service), trying to let them understand why there were delays in the past and whatnot, but the way that we're going to resolve this is -- there's no way that we can spend all the funds that are yet to be spent and stay in compliance. So, as I said to this Commission some weeks ago, months ago perhaps -- and we're working with the Law Department to finalize this issue -- is that we're going to take the unspent City of Miami Page 61 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 monies and buy our own bonds back, basically; defease our own loans, and then request that we reissue new debt to start the clock ticking again for the same projects, in a sense, but that's really the only way that -- Commissioner Carollo: Right. Mr. Alfonso: -- we get into compliance. Commissioner Carollo: But I'm going more into the process, why it happened in the first place, and, you know, I think that's prior year's audit mentioned some of the issues, this year's audit; and in the financial integrity principles, I think our internal auditor also mentions some of the issues, and that's more in depth of what I'm getting at. And I want to make sure that, you know, we handle this and it's fixed, because, in all fairness, I've been mentioning some of this years ago when I asked for some of the specific information; and, you know, even in the financial integrity principles or the report from the internal auditor, it specifically stipulates that some of the information is not being provided and that just -- that fosters that Commissioners and others can't make the correct decisions on how to spend those monies in an adequate amount of time, or monies from previous years as opposed to current years or, you know, the -- in other words, the older bonds that were issued first, so that's why I'm bringing that up. Mr. Alfonso: Correct. Commissioner, this will take an effort from both sides. On a policy side, as we have done with some of the bonds that we had issued, we noticed that we had a practice of issuing two series of bonds, and we would be spending the second series but had not yet spent the first series. So, in that regard, we will certainly make that a priority, and make sure that everybody understands that the oldest bond gets used first and gets ahead of the general fund, and gets ahead of any other funding source. Bond money gets spent first. So that's a policy internal check that we're going through. Commissioner Carollo: Not to mention the second part, which I know we've been working on. I know I've been pushing, and this goes back -- I don't recall. I don't know if it's two years, because you and I worked on this -- is bringing the finances into the Finance Department, because what was happening -- and you saw in last year's audit -- was that when projects were completed, those monies stayed within the project, and there was no one really overlooking and watching over to see, "Hey, this money is available again." And in the meantime, we were spending monies from bonds that were issued at a later time as opposed to finishing out the earlier bonds, so that's part of the issue. And I know we're working with Finance to make sure, and that's why now we have to go through Budget when we allocate the funds. Mr. Alfonso: Correct. We have made changes in that area. We're also working, like this document says, on the Oracle financial suite to make tracking and reporting a lot simpler than it has been in the past, so that's why we anticipate that these type of problems we'll be able to curtail. Also, when we borrow money in the future -- take the point that you can issue a letter of intent, as we have done, for example, with our projects for mitigation of our contamination in the flex park, we have letters of intent issued because we have resolutions from the Commission to go ahead, but we haven't borrowed the money yet so that our clock doesn't start ticking, and we can move that process along. And then once we really start incurring expenses, then we go ahead and issue and reimburse, so. Chair Gort: A suggestion, if I may? Commissioner Carollo: Absolutely, Commissioner Gort. Chair Gort: The suggestion I was going to bring up is whenever you do a bond issue, we got to make sure we have the projects ready to be financed, like you doing with this park. Because my understanding, in the past, what happens is the bond were issued, but then there were certain City of Miami Page 62 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 things that happen, steps that didn't take place when they should have taken place, and that delayed the process of implementing the financial of those. Mr. Alfonso: Right. So another important thing is that once we get our capital project in order -- so, if we decide also, "Look, this is a capital project that we want to do," don't issue the money for a project that you're thinking about doing three years down the road. You should be ready to go. I think, if you remember, the Federal Government some time ago talked about shovel -ready projects, and then initially, there was some criticism, because the money didn't seem to get spent, and then there was a comment about, "Well, I guess 'shovel -ready' wasn't 'shovel -ready,'" if you recall. And that's what we suffer from sometimes, that we make aspirational plans and goals about what's going to happen; we go borrow the money to get it done, and then we fail to do it on time. So I think that if we plan the other way around and say, we get the go ahead from the Commission that we're going to have the authority to do that, we do a letter of intent, get our projects moving, and then once we know that project really is going into the ground, then we borrow the funds, and the clock starts ticking. Chair Gort: That would help. Commissioner Carollo: I don't have anything further. Chair Gort: So my understanding, (UNINTELLIGIBLE) the -- I don't -- I forget how many funding -- I mean, finding you had last year. They were all complied with, except one? Commissioner Carollo: Most. Mr. Maginley: Yes. So, Mr. Chair, your question, the -- all the findings that were noted last year, all except for one, management has corrected. We have eight findings in the single audit, and we had four management letter comments that we provided, and management has responded, and I -- although we don't opine on their responses, we feel comfortable that their corrective action and plan of efforts will eradicate the finding. Chair Gort: Thank you. And I imagine the -- my congratulations to you all, because -- Mr. Maginley: Yeah. Chair Gort: -- we have a Finance Department that's really working on it. We can always improve. I mean, we can all improve always, so. Mr. Maginley: Yes. Mr. Alfonso: Thank you, Mr. Chair. The Law Department has been tapping on my shoulder here. I said "letter of intent." The legal term is lIeclaration of intent." Chair Gort: Okay. Mr. Alfonso: So I just want to put that on the record. Chair Gort: You stand corrected. Commissioner Sarnoff Wow; I can't believe you got that wrong. Chair Gort: Any further discussion? Commissioner Sarnoff. Unbelievable. City of Miami Page 63 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Ms. Mendez: You're the one that says L;ommas are important,'jrou know. We're just trying. We're trying here. Commissioner Sarnoff Cut him a break; he's not a lawyer. Chair Gort: Any other questions? Thank you, sir. Appreciate it. Mr. Fernandez: My pleasure. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Victoria Mendez (City Attorney): Would you like me to read the procedures for the P&Z (Planning & Zoning)? Chair Gort: Yeah, might as well. Go ahead. Ms. Mendez: Okay. Well, is there anything that you need to address from the morning, or I could -- Daniel J. Alfonso (City Manager): No. Ms. Mendez: -- read the P&Zs? Mr. Alfonso: I thought we were done. Ms. Mendez: Yeah. We will now begin with the Planning & Zoning items, and I will state the procedures to be followed during this portion of the meeting. PZ items shall proceed in accordance to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be must be sworn 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 to -- pursuant to Florida Statute, Section 286.0115. 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 they 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 agreement to support or withhold objection to requested action pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Gort: Thank you. Mr. Clerk. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items, 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. City of Miami Page 64 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Hannon: Thank you, Chair. Chair Gort: Thank you. Later... Todd B. Hannon (City Clerk): And, Chair, before we begin the public hearing for items PZ -- Chair Gort: Swear in the people. Vice Chair Hardemon: -- 16 and 17, I notice we have a lot of new people in the chambers. If you have not had the oath administered to you and you're going to be speaking on either PZ.16 or 17, 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. PZ.1 ORDINANCE First Reading 14-00054zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24-0" URBAN CORE ZONE -OPEN TO "T6-36A-O" URBAN CORE ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1410, 1420, 1424, AND 1432 NORTHEAST MIAMI PLACE; 1415, 1421, 1425, 1433, AND 1445 NORTHEAST MIAMI COURT; AND 47, 55, AND 67 NORTHEAST 14TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00054zc FR Fact Sheet.pdf 14-00054zcAnalysis, Maps & PZAB Reso.pdf 14-00054zc Application & Supporting Documents.pdf 14-00054zc Legislation (v3).pdf 14-00054zc Exhibit.pdf LOCATION: Approximately 1410, 1420, 1424, and 1432 NE Miami Place; 1415, 1421, 1425, 1433, and 1445 NE Miami Court; and 47, 55, and 67 NE 14th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of 14th Plaza Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Motion to approve with conditions failed on March 5, 2014, by a vote of 3-5, thus constituting a denial. PURPOSE: This will change the above properties from "T6-24-0" to "T6-36A-O". Item does not include a covenant. Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. City of Miami Page 65 Printed on 7,20/2015 City Commission Meeting Minutes June 25, 2015 PZ.2 15-00089Iu Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the record: Item PZ.1 was deferred to the September 24, 2015 Planning and Zoning Commission Meeting. Chair Gort: PZ.1. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.1 is proposed to be continued yet again. This is really a place holder for a zoning change to come that is area -wide as opposed to property -specific, and the suggestion at this moment in time is that it be continued to the Planning & Zoning meeting of the month of September, because by then, we'll be before you with a final zoning proposal. Chair Gort: Okay. PZ.2. Todd B. Hannon (City Clerk): Sir, is there --? Vice Chair Hardemon: So moved. Chair Gort: Been moved by Commissioner -- Commissioner Sarnoff. Second. Chair Gort: -- Vice Chairman Hardemon and second by Commissioner Sarnoff. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Question: Do you have any other items that they're going to be pulled or deferred? Mr. Garcia: No, sir. This is the only one. ORDINANCE 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 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. 15-000891u SR Fact Sheet.pdf 15-000891u Analysis, Maps & Reso.pdf 15-000891u Application & Supporting Docs.pdf 15-000891u Legislation (v2).pdf 15-000891u Exhibit.pdf City of Miami Page 66 Printed on 7,20/2015 City Commission Meeting Minutes June 25, 2015 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. 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 Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez 13525 Chair Gort: PZ 2. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ.2 and PZ 3 are companion items. I suggest that they may be heard together -- Chair Gort: Yes, sir. Mr. Garcia: -- if that's your wish? Thank you, sir. PZ 2 and PZ.3 are respectively a land use and zoning change for properties at 1725 and 1729 Northwest 18th Street. The proposed land use change is from duplex residential to low density restricted commercial. The proposed zoning change is from T3-O to T4-L. This is before you on second reading. This item is being recommended for approval by the Planning, Zoning & Appeals Board. It was recommended for approval unanimously, and it does include a covenant which we feel addresses the concerns we originally had about the rezoning. That said, I'm happy to defer to the applicant for a presentation. Chair Gort: My understanding, you're going to be meeting with the adjacent neighbors to this property, and you were going to come up with a covenant that they requested. Carlos Lago: Good afternoon, Commissioner and Mr. Chairman. Carlos Lago and Iris Escarra, with law offices at 333 Southeast Second Avenue. Yes, we did meet with the neighbors. We met with Ms. Blanca Aldana, Lupe Gonzalez, and her husband, who live immediately across the street on Northwest 18th Street. We had some great productive conversations with them. They were relieved that that vacant parcel, which is currently being used as an illegal dumping site, is now going to feature a new retail store. We also addressed the concerns regarding security. I explained to them that the development will include cameras, security cameras, lighting, and a six -foot -high wall, which will be locked on a nightly basis to prevent entry. We also discussed traffic circulation, and they were very -- felt very comfortable with the site plan. And we also explained to them that the property will be restricted from any further development and will continue as a surface parking lot. We want to thank the neighbors for having them -- having us at their home, and we remain in contact throughout the development process with them. City of Miami Page 67 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Chair Gort: Don't worry; I'll make sure you will. Commissioner Sarnoff. Need a motion? Chair Gort: You okay with the covenant? And they'll have to come back to you, and the plans have to be approved by you and the Planning Department. Mr. Garcia: Absolute, sir. Chair Gort: Okay. Is anyone in the public would like to discuss this item? Anyone in the public? Seeing none, hearing none, close the public hearings. Do I have a motion? Commissioner Sarnoff. So moved, Mr. Chairman. Chair Gort: Been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. PZ.3 ORDINANCE 15-00089zc 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-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 City of Miami Page 68 Printed on 7,20/2015 City Commission Meeting Minutes June 25, 2015 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. Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez 13526 Chair Gort: PZ 3. Carlos Lago: Thank you. Victoria Mendez (City Attorney): Is there a motion for PZ.3? Todd B. Hannon (City Clerk): Not for PZ.3 as of this time. Francisco Garcia (Director, Planning & Zoning): PZ3 -- Chair Gort: I need a motion, PZ.3. Commissioner Sarnoff. Oh, I'm sorry. So move. Vice Chair Hardemon: Second. Chair Gort: Moved by Commissioner Sarnoff, second by Vice Chairman Hardemon. We had the public hearing for both sides. It's an ordinance. 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, 3-0. Mr. Lago: Thank you. Chair Gort: Thank you. PZ.4 ORDINANCE 15-00065Iu 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 City of Miami Page 69 Printed on 7,20/2015 City Commission Meeting Minutes June 25, 2015 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. 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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez 13527 Chair Gort: Okay, PZ.4. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ.4 andPZ.5 are also companion items. These are a land use and rezoning application for the parcel at 2990 Southwest 36th Court. This is before you on second reading. 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. The Planning & Zoning Department has recommended approval, as has the Planning, Zoning & Appeals Board, by a unanimous vote. This item also includes a covenant. And we find the proposal satisfactory and recommend approval. I know the applicant is here, should you care to ask him any questions. Gilberto Pastoriza: Good afternoon, Mr. Chairman. Ms. Mendez: I'm sorry. Mr. Pastoriza, I just wanted to clear up; this is for PZ.4 and PZ 5. Mr. Pastoriza: Yes, correct. Ms. Mendez: Thank you. Mr. Pastoriza: Correct. Gilberto Pastoriza, 2665 -- I'm sorry -- 2525 Ponce de Leon. We were City of Miami Page 70 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 here before you last month. This is second reading. This is an item for Deel Realty on Bird Road. It -- we want to change the zoning classification so that we can provide for additional parking for the project. If you have any other questions, I'm happy to answer them. Commissioner Sarnoff. So move, Mr. Chair. Chair Gort: Okay, it's been 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 would like to address either one of these issues? Anyone in the public? Seeing none, hearing none, close the public hearings. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ4. Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Commissioner Suarez [sic4? Commissioner Sarnoff. I'm better looking. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance -- Chair Gort: PZ.5. Mr. Hannon: -- passes on second reading, 4-0. PZ.5 ORDINANCE 15-00065zc 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-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. City of Miami Page 71 Printed on 7,20/2015 City Commission Meeting Minutes June 25, 2015 15-00065zc SR Fact Sheet.pdf 15-00065zcAnalysis, 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 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 13528 Chair Gort: PZ 5. Motion. Commissioner Sarnoff. So move, Mr. Chair. Chair Gort: It's been moved by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Commissioner Sarnoff. There's a covenant. Victoria Mendez (City Attorney): An ordinance -- Chair Gort: It's an ordinance. Commissioner Sarnoff. There's a covenant. Ms. Mendez: This one -- just to be sure, this one has a covenant? Gilberto Pastoriza: Yes. Ms. Mendez: An ordinance of the Miami City Commission -- voluntary covenant, correct? Mr. Pastoriza: Yes. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 72 Printed on 7,20/2015 City Commission Meeting Minutes June 25, 2015 Todd B. Hannon (City Clerk): Roll call on item PZ5. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Mr. Pastoriza: Thank you. Chair Gort: That's five. PZ.6 ORDINANCE 15-00090Iu 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 PROPERTY LOCATED AT APPROXIMATELY 3650 BIRD ROAD, MIAMI, FLORIDA, FROM "LIGHT INDUSTRIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-000901u SR Fact Sheet.pdf 15-000901u Analysis, Maps & PZAB Reso.pdf 15-000901u Application & Supporting Docs.pdf 15-000901u Legislation (v2).pdf 15-000901u Exhibit.pdf LOCATION: Approximately 3650 Bird Road [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Mario Garcia -Serra, Esquire, on behalf of the Morgan Group FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID: 15-00090zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on March 18, 2015, by a vote of 8-2. PURPOSE: This will change the land use designation for the above property from "Light Industrial" to "Restricted Commercial." Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Gort: Six, seven. Francisco Garcia (Director, Planning & Zoning): Yes, sir. Thank you. Items PZ.6 and PZ.7 are City of Miami Page 73 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 also companion items. They are also, respectively, a land use change and a zoning change for a property at 3650 Bird Road, and it is before you on first reading. The proposed land use change goes from light industrial to restricted commercial, and the proposed zoning change goes from DI to T6-12-0. The Planning & Zoning Department recommends approval, as has the Planning, Zoning & Appeals Board. The item does include a covenant. And I would like to briefly describe to you that this particular zoning change is one of a few that have taken place in this particular area, which is presently transitioning from what it has been historically, which is a light industrial district, to what it seeks to become, which is a properly configured transportation oriented development area that will allow for mixed use and certainly a significant amount of density. This is one such instance. With that said, I'm sure the applicant is here. And if you have any questions, we're happy to respond to them. Chair Gort: Thank you. Yes, sir. Mario Garcia -Serra: Good afternoon, Mr. Chair, Commissioners. Mario Garcia -Serra, with law offices at 600 Brickell Avenue, representing the Morgan Group, the applicant for the future land use map and zoning change, as well as Deel Realty, the owner of the property. The property is familiar to all of you as the Deel Volvo Dealership. What my client is proposing to do is redevelop a residential building there of 359 units, 18 stories, with ground floor commercial space, and several improvements to the underline, which is going to be abutting the property. And it's -- project's going to be interconnected with it, as well as providing an easement across Southwest 37th Avenue to provide a better a crossing for the pedestrians and cyclists that are there. We met with the neighboring -- neighborhood association, the Golden Pines Homeowners Association, entered into an agreement with them that's memorialized in a covenant, which has been proffered, for certain traffic studies and traffic improvements that need to be done in conjunction with the project, and any amendment to that covenant needs the consent of the Golden Pines Neighborhood Association. So we have staff recommendation for approval; Planning and Zoning Board recommendation for approval, the support of the neighbors. If necessary, we can, of course, make a more detailed presentation, but perhaps, we can open it up to the public hearing and see if there's any comments. Chair Gort: Okay, thank you. This -- PZ.6 and 7 is a public hearing. Anyone in the public would like to address this issue? Nathan Kurland: Good afternoon. Nathan Kurland, 3132 Day Avenue. I'd like to speak in opposition to this project. Only that anyone who is traveling on Bird Road out to the 826 in order to get to so many places, FIU (Florida International University) included, has noticed over the past two to three years the abundance of multi -story housing and the abundance of traffic. Sooner or later, we will reach total gridlock. Every morning, from 7 to 9 a.m., to go to the -- westbound to the 836 has become a chore. And if it gets any more congested, I don't understand how it's supposed to work. So when I hear the word traffic studies'hnd traffic improvement, 7 don't understand that concept. Traffic studies, to me, sometimes they're not worth the paper they're written on. And I don't understand how you improve traffic by adding density. Thank you. Chair Gort: Thank you. Anyone else? Anyone else? Seeing none, hearing none, we'll close the public hearing. Commissioner Sarnoff I'd like to make a motion, Mr. Chair. I'd like to also point out that this particular complex will actually reduce the number of people going in and out of a driveway, based on the usage of Deel Volvo and its prepared facility. Equally, this is 136 yards away from Douglas Station, and that is called Transit Oriented Development, and that is how you can improve on a situation. I make that motion. Chair Gort: Okay, there's a motion. Is there a second? City of Miami Page 74 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Carollo: Second. Chair Gort: Second. Any further discussion? It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ 6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. PZ.7 ORDINANCE 15-00090zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM D1 "WORK PLACE DISTRICT ZONE" TO T6-12-0 "URBAN CORE TRANSECT ZONE OPEN", FOR THE PROPERTY LOCATED AT APPROXIMATELY 3650 BIRD ROAD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00090zc SR Fact Sheet.pdf 15-00090zc Analysis, Maps & PZAB Reso.pdf 15-00090zc Application & Supporting Docs.pdf 15-00090zc Legislation (v2).pdf 15-00090zc Exhibit.pdf LOCATION: Approximately 3650 Bird Road [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Mario Garcia -Serra, Esquire, on behalf of the Morgan Group FI NDI NG(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. Item includes a covenant. See companion File ID 15-000901u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 6, 2015, by a 6-1 vote. PURPOSE: This will allow a zoning change for the above property from "D1" to "T6-12-0". Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Gort: PZ.7. Victoria Mendez (City Attorney): Is there a motion for PZ.7? City of Miami Page 75 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Sarnoff So move. Chair Gort: It's been moved by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And with a voluntary covenant that was proffered. Todd B. Hannon (City Clerk): Madam City Attorney, is that amending the legislation on the floor? Ms. Mendez: No. It's just noting it for the record. Mr. Hannon: Roll call on item PZ.7. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Thank you. Mario Garcia -Serra: Thank you very much, Mr. Chair and Commissioners. Have a good day. PZ.8 ORDINANCE First Reading 15-00083Iu 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 22 & 25 NORTHWEST 31ST STREET AND 20 & 28 NORTHWEST 32ND 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. 15-000831u SR Fact Sheet.pdf 15-000831u Analysis, Maps & PZAB Reso.pdf 15-000831u Application & Supporting Docs.pdf 15-000831u Legislation (v2).pdf 15-000831u Exhibit.pdf LOCATION: Approximately 22 & 25 NW 31st Street and 20 & 28 NW 32nd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven Wernick, Esquire, on behalf of 31st Street City of Miami Page 76 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Residences, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-00083zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 20, 2015, by a 7-0 vote. PURPOSE: This will change the land use designation for above properties from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Gort: PZ 8. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ 8 and PZ 9, also companion items, also before you on first reading, and they are a land use and rezoning proposal for properties at 22 and 25 Northwest 31 st Street; 20 and 28 Northwest 32nd Street. These are, respectively, a change from duplex residential to low density restricted commercial and -- on the zoning side; and a change from T3-O to T4-L on the zoning side. The item does not include a covenant. It was reviewed and recommended for approval both by the Planning & Zoning Department, as well as the Planning, Zoning & Appeals Board. The land use pattern that would result is compatible with the area, and it would provide the ability for the properties affected to function in an accessory capacity to the Miami Avenue commercial corridor, which, as you know, is experiencing quite a renaissance. This is located in what is properly known as the Wynwood Area; however, it is the Wynwood area immediately to the west of Midtown, across Miami Avenue from it. I'm happy to answer any questions you may have. Chair Gort: Thank you. Vice Chair Hardemon: So move. Chair Gort: Been moved by Vice Chairman Hardemon. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. This is a public hearing. Is anyone would like to address these two issues? Anyone in the public? Seeing none, hearing none, we close the public hearing. Any further comments? First reading. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ 8. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. PZ.9 ORDINANCE 15-00083zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH First Reading City of Miami Page 77 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 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 22 & 25 NORTHWEST 31ST STREETAND 20 & 28 NORTHWEST 32ND STREET , MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00083zc SR Fact Sheet.pdf 15-00083zcAnalysis, Maps & PZAB Reso.pdf 15-00083zc Application & Supporting Docs.pdf 15-00083zc Legislation (v2).pdf 15-00083zc Exhibit.pdf LOCATION: Approximately 22 & 25 NW 31st Street and 20 & 28 NW 32nd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven Wernick, Esquire, on behalf of 31 st Street Residences, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-000831u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 20, 2015, by an 8-1 vote. PURPOSE: This will allow a zoning classification change for the above properties from T3-O to T4-L. Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Gort: PZ.9. Vice Chair Hardemon: I move PZ8 [sic], Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: I move to pass PZ.8 [sic]. Todd B. Hannon (City Clerk): Sir, that would be PZ.9; we just voted on PZ. 8. Vice Chair Hardemon: Oh, I'm sorry. I'm looking -- I'm behind a little. PZ9. Sorry. Commissioner Carollo: Second. Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Carollo. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ9. City of Miami Page 78 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. PZ.10 ORDINANCE 15-00084Iu First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3581 EAST GLENCOE STREET, MIAMI, FLORIDA, FROM " SINGLE FAMILY RESIDENTIAL" AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL" AND "MEDIUM DENSITY MULTIFAMILY RESI DENTIAL"; MAKI NG FINDI NGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-000841u SR Fact Sheet.pdf 15-000841u Analysis, Maps & PZAB Reso.pdf 15-000841u Application & Supporting Docs.pdf 15-000841u Legislation (v3).pdf 15-000841u Exhibit.pdf LOCATION: Approximately 3581 E Glencoe Street [Commissioner Marc Sarnoff- District 2] APPLICANT(S): Javier Fernandez, Esquire, on behalf of Grove Bay Properties, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-00084zc. PLANNING, ZONING AND APPEALS BOARD: Scheduled to be heard on the evening of June 17, 2015. PURPOSE: This will change the land use designation for the above property from "Single Family Residential" and "Medium Density Multifamily Residential" to "Low Density Multifamily Residential" and "Medium Density Multifamily Residential". Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Chair Gort: PZ.10. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ 10 and PZ.11, also City of Miami Page 79 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 companion items; also before you on first reading. These are a land use and rezoning -- land use change, I should have said, and rezoning for a property at 3581 East Glencoe Street. The changes are as follows: On the land use side, the change will be from single-family residential and medium density multifamily residential to low density multifamily residential and medium density multifamily residential. On the zoning side, the proposed change is from T3-R with an NCD-3 (Neighborhood Conservation District) overlay and T5-R with an NCD-3 overlay to T4-R, still with an NCD-3 overlay, and T5-R, still with an NCD-3 overlay. The NCD-3 overlay does not change. And the Planning & Zoning Department, as well as the Planning, Zoning & Appeals Board, have recommended approval. The item does include a covenant that provides very specific guidance in terms of what can be developed there. And we feel it is a very appropriate redevelopment of the site that, by virtue of its long-standing construction, is beginning to show the signs of wear and tear, and the proposal to spruce it up is actually a very well -conceived one. With that, I'm happy to answer any questions you may have. I know the applicants are here, as well. Chair Gort: Thank you, sir. Yes, sir. Javier Fernandez: Commissioners, good evening. Javier Fernandez of Stearns Weaver Miller, law office at 150 West Flagler Street, here on behalf of the Grove Bay Properties, LLC (Limited Liability Company); joined by the two principals, Ricardo Badia and Oscar Rodriguez. Just briefly -- I know you have a pretty lengthy agenda still ahead of you. We were unanimously recommended by PZAB (Planning, Zoning & Appeals Board) both on the land use -- excuse me, 8-1 on the land use and 9-0 on the rezoning. We have proffered a covenant to deal with compatibility issues, which we think address all of staffs concerns adequately. And by way of supplementing the record, in lieu of going through a full presentation, unless you'd like to see it, I'd just like to introduce a packet of support letters from abutting property owners and residents in the existing condo building. Thank you. Chair Gort: Thank you. Questions. Commissioner Sarnoff So move, Mr. Chair. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second, Vice Chairman Hardemon. Is anyone in the public would like to address this issue? Anyone in the public? Seeing none, hearing none, close the public hearing. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.10. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. PZ.11 ORDINANCE 15-00084zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-R/NCD-3 "SUB -URBAN TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD CONSERVATION DISTRICT 3" AND T5-R/NCD-3 "URBAN CENTER TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD City of Miami Page 80 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 CONSERVATION DISTRICT 3" TO T4-R/NCD-3 "GENERAL URBAN TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD CONSERVATION ZONE 3" AND T5-R/NCD-3 "URBAN CENTER TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD CONSERVATION DISTRICT 3", FOR THE PROPERTY LOCATED AT APPROXIMATELY 3581 EAST GLENCOE STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00084zc SR Fact Sheet.pdf 15-00084zcAnalysis, Maps & PZAB Reso.pdf 15-00084zc Application & Supporting Docs.pdf 15-00084zc Legislation (v2).pdf 15-00084zc Exhibit.pdf LOCATION: Approximately 3581 E. Glencoe Street [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Javier Fernandez, Esquire, on behalf of Grove Bay Properties, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. Item includes a covenant. See companion File ID 15-000841u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 17, 2015, by a vote of 9-0. PURPOSE: This will allow a zoning classification change for the above property from "T3-R/NCD-3" and "T5-R/NCD-3" to "T4-R/NCD-3" and "T5-R/NCD-3". Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Gort: PZ 11. Commissioner Sarnoff: So move. Chair Gort: It's been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. It's an ordinance. Victoria Mendez (City Attorney): And Mr. Fernandez, this also has a voluntary covenant? Javier Fernandez: It does, ma'am. Thank you. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Before I begin the roll call, Commissioner Carollo, would you like to be included on this vote? City of Miami Page 81 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Carollo: Yes, sir. Mr. Hannon: Okay. Roll call on item PZ 11. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Mr. Fernandez: Thank you for your time. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: May I ask? Mr. Clerk, are there any time certain items? Mr. Hannon: This afternoon, the remaining time certain items are PZ.16 and PZ.17 that are time certain for 4 p.m. Vice Chair Hardemon: Okay. PZ.12 ORDINANCE Second Reading 15-00406Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 53 AND 61 NORTHEAST 41 ST STREET AND 50, 58, AND 68 NORTHEAST 42ND STREET, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" AND "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-004061u SR Fact Sheet.pdf 15-00406Iu Analysis, Maps & PZAB Reso.pdf 15-004061u Application & Supporting Docs.pdf 15-004061u-Submittal-Wendy Stephan and Elvis Cruz -Documents in Opposition of Land Use and 15-004061u-Submittal-Robin Porter-Letter.pdf 15-004061u-Submittal-Antonio Grullon-Petition Signatures in Opposition of Land Use and Zoning C 15-004061u-Submittal-Elvis Cruz -Land Use and Zoning Change on NE 41 and 42 Street.pdf 15-004061u-Submittal-Francisco Garcia-PZAB Resolution.pdf 15-004061u-Submittal-Paul Savavge-Letter of Opposition from Basil Binns II.pdf 15-004061u-Submittal-Paul Savavge-Property Appraiser Summary Reports.pdf 15-004061u-Submittal-Stephen Helfman-Community Outreach and Education Plan.pdf 15-004061u-Submittal-Commissioner Carollo-Institute of Contemporary Art Miami.pdf 15-004061u Legislation (v2).pdf 15-004061u Exhibit.pdf LOCATION: Approximately 53 and 61 North East 41 st Street and 50, 58, and City of Miami Page 82 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 68 North East 42nd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Tony Recio, Esquire, on behalf of the Institute of Contemporary Art, Miami, Inc. and joint applicant Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-00406zc. PLANNING, ZONING AND APPEALS BOARD: On May 6, 2015, voted to defer the matter to the July 1, 2015 meeting, by a vote of 5-2. On June 3, 2015, recommended denial by a vote of 10-1. PURPOSE: This will change the above properties from "General Commercial" and "Duplex Residential" to "Major Institutional, Public Facilities, Transportation, and Utilities". Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon 13529 Todd B. Hannon (City Clerk): PZ.12 and PZ13 are the only remaining items left on the agenda. Chair Gort: That's it? Commissioner Carollo: Yeah. Mr. Hannon: Yes, sir. Chair Gort: I have -- I was asked by Francisco to give him a break, so he'll be right back. Francisco, PZ.12, PZ13. Francisco Garcia (Director, Office of Planning): Thank you, sir. The only two items left in the Planning & Zoning agenda are items PZ.12 and 13. I note the district Commissioner is not present. Chair Gort: Where is he? PZ.12, 13. Mr. Garcia: Yes, sir. Thank you. Items PZ.12 and PZ.13 are companion items. They are respectively for a proposal for a land use change and a rezoning for the Institute of Contemporary Art, and the location of the property is 53 and 61 Northeast 41 st Street; and 50, 58 and 68 Northeast 42nd Street. In terms of the land use change, the proposal at present before you today on second reading is to go from general commercial to major institutional public facilities, transportation and utilities, which is the equivalent to the CI zoning category. And there are three properties on the north part of this parcel that are presently zoned duplex residential; rather, the land use is duplex residential, and those two are intended to go to major institutional public facilities, transportation and utilities. In terms of zoning, the change would be from T4-O in the south to CI And in the north, the change would be from T3-L, also to CI. The idea is to have the entire parcel zoned civic institutional to accept what you will see proposed today as a museum, essentially for display of contemporary art. This has been reviewed by the Historic & Environmental Preservation Board as pertains to the improvements to City of Miami Page 83 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 the area on the north, which I should also emphasize is part of the Buena Vista East Historic District, and the Historic & Environmental Preservation Board has issued a certificate of appropriateness for the work proposed to be done there, which is a sculpture garden. As pertains to the building proposed for the southern portion of the parcel, which is within the Design District, that building has been variously described as essentially complying with the massing and scale of the neighboring De La Cruz Museum. That's all I have by way of brief presentation. I can certainly answer any questions you may have, and I'll defer to the applicant for further details. Chair Gort: Thank you. Yes, sir. Tony Recio: Thank you, Mr. Chair. Tony Recio, with law office at 2525 Ponce de Leon Boulevard. I'm here on behalf of ICA Miami, Institute of Contemporary Art, Miami. They're a nonprofit cultural institution devoted to the arts. Promotion of contemporary arts is what they do, including art education and all things having to do with contemporary art. They -- this is intended to be the permanent home for their collection, and their rotating exhibits, and a base for all of their activities; their educational activities and their outreach efforts. It is completely financed through private donations and grants. The land has been donated, the construction money has been donated; operations, ongoing operations will be financed through a generous private endowment. No public money is needed or sought and the public simply gets to enjoy this amazing cultural asset. Since Commissioner Hardemon wasn't here last time, I'll briefly go through it just to explain where we are and how we sit. This is a -- Vice Chair Hardemon: That's so kind of you. I appreciate that. Thank you very much. When you're up at 4 o'clock in the morning, trying to catch glimpses of this on television, it's pretty interesting. Mr. Recio: I will give you a brief recap. Vice Chair Hardemon: So please, please. Thank you. Mr. Recio: Thank you, Commissioner. So the property itself is on 41st Street on the south side and 42nd Street on the north side. It consists of five lots; two that are within the Design District area; three that are in the Buena Vista East District. The building itself, as you can see from this site plan, will be entirely relegated to the 41st Street; that's the south side. There will be no construction, no habitable structures in this area. This is devoted to open space. That was an intentional situation on these lots. So the land use designation and zoning that is being proposed here is major institutional and CI, civic institutional. That's the appropriate category for a museum that's the -- that has an added protection of having to go through an exception process, where a site plan is reviewed. So this will be reviewed and vetted, and, you know, completely seen. Now, part of the mission to expose the entire South Florida community to the arts is to be a good neighbor, and part of that includes what the ICA Miami did, and through their benefactors in obtaining -- in purchasing these two -- these three lots, what they're able to do is provide this as a buffer area and keep the museum on this side, and not directly impact homes in this area. This will be permanently devoted to open space. That's -- it is a sculpture garden that will be part of the museum. Now, that results in a buffer of over a hundred feet to get to what is the sidewalk; then there's a street; then there's another sidewalk, and then you have homes. Those are our -- those are the homes that are -- that we are adjacent to, to the north. Additionally, in going through this process, ICA Miami reached an agreement with Buena Vista East Historic District Association. There is a member here in support. Among the many commitments in that agreement, ICA agreed to keep those lots as open space, with no structure ever exceeding 23 feet, which is the height of a single-family home. The north portion, that area, that open space will be robustly landscaped with layers along the street, including four to five new shade trees, as many as will fit, that are not the normal run-of-the-mill shade trees. These are six-inch trunk, 20 feet tall at time of planting. These are substantial trees. They will be put in. There are two other City of Miami Page 84 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 layers of landscaping and there's a decorative wall along the back. The -- all of the loading and storage, and all of the garbage pickup, all of those things will occur along 41 st Street, which is on the south side, so away from this area. It will all be concentrated here, which is the commercial street, so that's where it belongs. The access on 42nd Street is going to be limited to the large sculptures that won't necessary fit through the front door, and any kind of emergency access that is needed. There are other limitations, including free access for Buena Vista residents, supporting and joining with the association in the cleanup and fixing up of Northeast 2ndAvenue, as well as automatic membership from association board member on one of the ICA committees for special events. We think that's important to create a partnership. And finally, as part of that partnership, ICA Miami has agreed to join with the association in the event that there are future efforts to try to intrude commercial uses into this district. They're going to join with the association to fight those. Dacra has also agreed to join in that provision. I think that was very important to the association. At the last hearing, Commissioner Sarnoff you had asked us to go even further to commit to certain things in a covenant. We did that; your City Attorney has it. There are four items that you had asked for. The first was no habitable structures on those lots in the rear. We're happy to provide that. The second was that the lots -- that those lots be a sculpture garden. We've provided for that. The maintenance of all of the landscaping and all of the effects in that area that they will be well maintained, we've committed to that, as well. And then the last thing was, if the property is not developed now, sequentially, that this revert back to the zoning. While we can't revert it back, we have agreed in the covenant to only develop under those provisions. Barnaby Min (Deputy City Attorney): Mr. Recio, ifI can just clam -- Mr. Recio: Yes, sir. Mr. Min: -- at the last hearing, the -- Commissioner Sarnoff had made the suggestion, and your client voluntarily agreed to submit the covenant; is that correct? Mr. Recio: That's correct. Mr. Min: Thank you. Mr. Recio: That's correct, and we've submitted the covenant. Chair Gort: Everything is volunteered. Mr. Recio: Okay, so again, there's no public land or money in this. This is a true community asset. To -- just to support that and to make that entirely clear to the entire community, the ICA Board has agreed that they like the idea of opening it up to the associations or to the district's residents so much for free, they're going to open it up to everyone for free. Every Miami -Dade County resident is going to be allowed access to this museum for free. So this is a free community resource. It is provided and paid for by the generous endowment of some of their biggest benefactors, including Norman Braman and Craig Robins -- Norman and Irma Braman. So this is possible because this is not a money -making venture. This is not a developer trying to make a buck. This is trying to provide a philanthropic effort. So it's truly a rare occurrence when this happens. At the end of the day, this is going to be a facility valued at close to $20 million. It's a very generous gift to the community. We hope that you can support it. And with all due respect to some of the others that have been mentioned as potential corollaries, like the De La Cruz or the Rubel, or even museums such as PAMM (Perez Art Museum Miami), which do charge people to come in. This is much more than that. This is an entire institute, with all kinds of outreach and education efforts. This is a very big deal to have this here and situated in the City of Miami. There were a number of people here in support. I don't know how many have stayed. I know that the previous meeting was a long meeting; in part, because of me, but I appreciate your indulgence in that time; I don't know how many are here, but there are a couple, City of Miami Page 85 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 and some of those are the partners of ICA Miami. They include Urgent, Inc.; South Florida Cares; Girl Power; Citrus Health; Breakthrough Miami. These are all other institutions that partner with ICA Miami that are supportive of this effort, because they are our partners. They -- we -- they -- we support each other. City's Planning staff is also supportive. They have a recommendation of approval on both items, which are, for the record, their recommendation specifically is for CI and major institutional. They think that that is the best category. We happen to agree. It is consistent with the comprehensive plan. It is compatible with the area, and we fully support the recommendation and we hope that you can, as well. Thank you for your time, and I'm around to answer any questions; or to the extent that there are any objections, I'd like some time for rebuttal. Thank you. Chair Gort: Thank you. Okay. This is a public hearing. Anyone in the public would like address this issue? Well, you got a list? Okay. Mr. Hannon: Yes, sir. And just for the record, the public hearing is being opened up for items PZ.12 and 13. First three speakers: Elvis Cruz, Jack Benmeleh, Antonio Grullon. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Regarding due process, a public hearing is required to be meaningful, but by giving objectors only two minutes each to comment on four separate topics -- the land use change, the zoning change, a proffered covenant and a building design concept -- due process is not served. Moreover, the proffered covenant was not posted online and was not submitted to the PZAB (Planning, Zoning & Appeals Board), as per City Code Section 62-21. Gentlemen, this rezoning violates the law at least three times: First, on page 2 of the blue handout, quote, "All changes shall maintain the goals of this Code to preserve neighborhoods." This rezoning will allow for the demolition of three residential buildings in a historic district, which will not preserve the neighborhood. It will enable the destruction of a portion of the neighborhood, and so it is a departure from an essential requirement of law. Page 3 shows the intent and goals of Miami 21 that would be violated; preserving neighborhoods and historical resources. Second violation: On page 4, Miami 21 requires that a rezoning application, quote, "Shall explain why the existing zoning is inappropriate." This application does not contain that essential requirement of law. Page 5 is the application letter with an analysis, but it contains no language stating why the existing zoning is inappropriate; probably because it is impossible to write a logical explanation that says the existing zoning is inappropriate. Page 6 is a public records request for that required analysis. So far, it has gone unfulfilled. Lastly, on page 7, Miami 21 states, "A rezoning must satisfy at least one of three criteria." Page 8 is the staff analysis, which states a rezoning to CI does not meet any of the three criteria; and yet, staff goes on to recommend rezoning to CI, which you did at first reading. City staff would have you believe that the rezoning criteria is only a requirement for an application to be accepted, and that once an application has been accepted, those requirements are meaningless and that the final product does not have to meet any of the criteria. That is incorrect, as you can see on page 7, quote, "No rezoning of land shall be considered if it does not meet one of those criteria." That is the black letter of your law, and I caution you against following the current misinterpretation. The law does not say no rezoning application will be accepted without one of the criteria. It says no rezoning of land shall be considered without one of the criteria. What you are doing here today is considering a rezoning of land, so compliance with at least one of the criteria is an essential requirement of law. Rezoning to CI would violate that law. During the Miami 21 legislative process, the public, and in particular, Miami Neighborhoods United, was told repeatedly that Miami 21 would protect neighborhoods from inappropriate rezonings, and these three laws were specifically mentioned by Elizabeth Plater-Zyberg. I urge you, especially the three attorneys up on the dais, to save us from all the time, trouble and expense of a lawsuit. I'm sorry? Hello? Hello? Did the microphone fail? Chair Gort: No, no. I gave you two minutes additional, because I gave you two minutes for PZ.12 and two minutes for PZ.13. City of Miami Page 86 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Cruz: Thank you. Chair Gort: Okay. I understand (UNINTELLIGIBLE) -- Mr. Cruz: I think your microphone's not working, either. Chair Gort: -- from the light, not me. Mr. Cruz: There we go; now I'm back. All right. I thought I was getting the hook. Thank you, Commissioner. Chair Gort: You know better than that. Mr. Cruz: Appreciate that. I urge you, especially the three attorneys, to save us all from the time, trouble and expense of a lawsuit by recognizing the misinterpretation and misapplication of law that has been happening in this and other rezoning cases, and uphold the letter and intent of the law. Thank you. Chair Gort: Thank you, sir. Next. Tommy Pace: Hi. My name is Tommy Pace. I am the associate director at ICA. We came earlier with a coalition of support. They've had to leave, but Jack Benmeleh has left me a statement that he's authorized me to read in his absence, so briefly. `I'm Jack Benmeleh, 153 Northeast 44th Street in Buena Vista East. I'm here in support of the new ICA; specifically, the sculpture garden slated for construction in 2016. As a Buena Vista resident, I'm extremely excited for this world -class organization building a museum and sculpture garden in our own backyard. Every major city in the world boasts multiple museums and parks. Miami, however, has been lacking in this department until now. ICA's mission of bringing art and culture to Miami should be of the utmost importance to every resident of Miami, and specifically to the residents of Buena Vista East. In my mind, there is absolutely no reason not to approve this park. First and foremost, a park in Buena Vista will not only enhance our neighborhood, it will beautJ it by creating a green space for our families to use and enjoy for many years to come. The museum and park will be a landmark that, as Buena Vista residents, we should be proud of and should welcome the ICA with open arms; not to mention that this is a park most" -- "not costing taxpayers any money. Residents of Buena Vista should be grateful and honored to have this park in our neighborhood" Thank you. Chair Gort: Thank you, sir. Next. Antonio Grullon: Good afternoon, Chairman and Commissioners. Antonio Grullon, 51 Northeast 42nd Street. The quality of life I have enjoyed for 15 years as a Buena Vista resident has been negatively impacted as my chosen role of resident neighbor has changed to pawn in Braman's permanent collection. I oppose the zoning change and ask the Commission to rescind the HEP's (Historic & Environmental Preservation) decision to allow the demo'ing of these three homes. Over 28 years ago, residents of Buena Vista East overwhelmingly believed that this community's rich history was worth preserving. And in 1987, this community became one of the five historic districts in the City of Miami. This meant homeowners of contributing and noncontributing dwellings had to follow the Historic Preservation Code without exception. In short, a homeowner cannot tear down a home and must follow strict guidelines to any proposed changes to the exterior of the home. The Historic & Environment Preservation Board is charged with ensuring the continued preservation of all five historic districts. This month, through an unprecedented move, the HEP Board, after an initial "no" vote, approved the demolition of not just one home, but three homes. The Planning & Zoning Board, however, did not succumb to the pressure of influence. The board members made themselves heard by voting "no" to the rezoning of this property, expressing concerns that this project was spot zoning, did not meet City of Miami Page 87 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Miami 21 's criteria, should never have been placed on a fast track, were puzzled by the City's co -applicant status, and didn't want to get involved in the politics of this item. Our Commissioner, who was unable to attend the last hearing, requested of his fellow Commissioners to defer this matter. I applaud Commissioner Sarnoff as he respectfully did the right thing by voting to defer this item until the next -- until this hearing, in the presence of our Commissioner. ICA presented their item as it was open to the public. As usual, ICA expressed Braman's altruistic intentions, and his desire to bring a museum to the residents of Miami. Contrary to ICA's statements, only a few oppose this project, a petition of more than 145 residents, who indicated on paper that they were against the demolition of these three homes was presented. At the closing of the public hearing, there were several things that were said by the Commissioners and ICA that are viewed by our community as deeply disturbing. Commissioner Suarez reviewed the residents' petition, stating, "The petition is not" -- "is for the non -removal of these properties, but that's not what this" -- "what is at issue today." The community begs to differ. A reasonable person acting as a steward for the people would have clearly accepted the people's intent. Thanks for the pat on our back and for minimizing a community's effort to be heard. One hundred and forty-five signatures, 145 voices that represent a community's consensus, as so kindly ICA refers to the association. The more organized association had no desire or made any intent to take this issue door to door in the nine months of negotiations. The president of the association in the last hearing stated, "The association is for this project." I met, I did; I negotiated. I got no sense of community voice there. The community believes ICA deliberately attempted to deceive this Commission by implying that the community is for this project when they say that the association was for it through a casual relationship. It was repeated over and over that only a couple of people are against this. But the more organized association, referring to the neighborhood association, supports us. My health, comfort and happiness to enjoy my home and community has been negatively impacted. I respectfully request this Board deny zoning changes to 50, 58 and 68 Northeast 42nd Street until a transparent covenant is reached and registered to include, at minimum, absolutely no egresses, no entrances, no nine feet wide gate for emergency purposes that lead to museum activity on Buena Vista residential sides; as well, absolutely no noncontributing industrial equipment, FPL (Florida Power & Light) boxes, transfer boxes on the Buena Vista residential side. Thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: Next three speakers: Anastasia Keutsionkis, Julian Kasdin and Nina Johnson Milewski. Mr. Pace: Again, hello; associate director at ICA. We were here earlier with the coalition of support. They have had to head on for their evening. This is a statement from Nina Johnson, a business owner at 174 Northwest 23rd Street: "As a business owner, and longtime Miami native, I can't understand how any resident could stand against the development of a contemporary sculpture park. The park proposed by ICA Miami is a world -class improvement to our City; not only economically, but culturally." Thank you. Chair Gort: Thank you. Next. Julian Kasdin: Julian Kasdin, 4720 Northeast Miami Court. I know several people have brought up issues about this museum -- obviously, height; density; the impact it has on the surrounding neighborhood -- and as a resident, I feel like many of these issues might be a bit misplaced. First, to address height, the building, itself while taller than some existing structures, is designed in such a way that you have a glass facade facing the neighborhood, which actually gives people living in the neighborhood a window into the museum itself. It is not a very hard surface, and therefore, I think, does not really overpower people around it. Plus the building itself is located on the commercial side on 41st Street, not 42nd and does not abut any residential properties, and therefore, does not really overpower them. The other issue, the demolition of the houses: The houses are noncontributing structures, and two of them very City of Miami Page 88 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 plainly have no architectural merit, whatsoever. The destruction of those buildings and replacing them with sculpture garden not only decreases overall density but it also adds an amenity to the neighborhood, which I think is a very positive boon to -- not only on a very basic capital level -- up property values, but also visually bringing art into public spaces within the neighborhood. Finally, an issue that has been brought up several times is the actual fence or wall that is to be on the street would be five-foot setback. I understand some concerns about that, and I would think that the best solution would be one that respects that this is a residential street, and therefore, provides the softest visual signature possible. But overall, I think this is an amazing project, and I think that it not only will serve as a major cultural hub for Dade County and Southeast Florida, but will really increase the overall quality of life for people in that area. Thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: Next three speakers: Alan Murphy, Dolly Maclntyre and Tommy Ralph Pace. Dolly Maclntyre: Good evening. I'm Dolly Maclntyre, (UNINTELLIGIBLE) chair for Dade Heritage Trust with offices at 190 Southeast 12th Terrace. I was here for the first reading, and I believe it was a first reading, not a deferral. I appreciated Commissioner Sarnoff's concern about hearing the matter because the district Commissioner involved was not at the meeting. However, they went ahead and heard it on the basis that, well, this is just the first reading. Subsequently, I inquired as to the fate of first reading approvals, and the City Manager's Office informed me from Legistar statistics that since 2005, four ordinances, which passed on first reading, did not pass on second; that's out of over 1,080 ordinances. So virtually, when you pass an ordinance on first reading, you have passed it on second reading, so keep that statistic in mind. We certainly do not oppose the museum and all the good things that are associated with it. Our concern is the intrusion into the historic district, and we urge you to view that carefully, to think about the precedent that may be set, and to consider whether there is another option to putting this sculpture garden into that neighborhood. I can see events taking place in the garden, like jazz concerts, like they used to have up at the North Miami branch, and I don't think the neighborhood would like that. Thank you. Chair Gort: Thank you. Next. Alan Murphy: I'm waiting for the Commissioner to come in, please. I'd like to wait for the Commissioner, ifI may. Mr. Hannon: Okay, we'll move on with Tommy Ralph Pace. Mr. Pace: Hello. I'm Tommy Ralph Pace, associate director of the -- Chair Gort: You're good at that. Mr. Pace: Yes. I'm doing them all. I'm now speaking on my own accord as the associate director. I just wanted to offer two points to make sure that we understand the character of the organization we're talking about. The board and staff have been doing cultural work in Miami for close to 20 years, we've won numerous national awards for it, and as a tenant of our mission as ICA Miami, we will provide year round free admission to the best contemporary art of our time. So that's one point. I also wanted to make sure to also characterize the fact that we're about a staff of 16 nonprofit workers who are just so excited by the generosity that Bramans, and De La Cruz, and Craig have done for the neighborhood, and we think that not only the sculpture park, but the museum will be an addition to the Design District that creates free cultural experiences in a walking neighborhood, which is unique to Miami and is a benefit to all. So thank you very much. City of Miami Page 89 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Chair Gort: Thank you. Mr. Hannon: Next three speakers: Craig Robins, Thomas Burke and David Leonardo. Craig Robins: Hello, Commissioners. Thank you for taking your time at this late hour in the day to continue to listen to us. This matter is crucially important to our City. If 10 years ago, I would have told you that someone was going to spend a hundred million dollars in the Design District of cultural money just to provide a resource for the community, you would have thought I was crazy. Just go back and think about what we had to do as a City and a County to get PAMM built, and imagine that today, right in the heart of the Miami Design District, we have all together come so far, we'd advanced so much that we can actually get an incredible institution to locate themselves there, and it's not going to cost any of us one clime. Think about the fact that that institution has stood before you and said that everybody in the City of Miami can go into that facility, get educated, exposed to art, experience culture, enjoy a garden for free. This is a new time for our City, and we have to realize that this goes beyond just the simple issue of a neighborhood. But I don't think that way. I don't think that it's ever right to just steamroll a community, so I worked hard, personally, with the Buena Vista Homeowners Historical Association to make sure that a compromise was reached. Andl can tell you that it took a lot of effort on everyone's part -- on the ICA's part, on my part, and on the leadership of that neighborhood -- but there was a compromise reached. And so this is not only endorsed by the Design District, not only endorsed by our company, not only endorsed by the ICA, but it's also endorsed by the organization that represents those neighbors. And so I urge you to pass this today. Thank you. Chair Gort: Thank you. Alan Murphy: Good evening, Commissioners. My name is Alan Murphy, and I live on Northeast 42nd Street, right directly across from this proposed project. My first time before this Commission was the first reading -- was on the first reading of this project, and I got to tell you, from I've -- what I have witnessed, the type of government you offer is out of date, corrupt, and doesn't serve the interest of the people. The two -minute rule and then the rebuttal by the attorneys in which they get to distort the truth, all while under oath, is not a democratic process and you should be embarrassed; I am. Furthermore, City workers, board members should be able to do their jobs without the fear of reprisal. When employees are subjected to a hostile work environment due to your politics, then, gentlemen, you're breaking the law. And when it comes to a holistic approach to urban policy and land use planning, you're governed by Miami 21. And from what I witnessed, your flagrant, violent -- violated of the law -- excuse me, I'm a little nervous. I'm a little upset that Mr. Hardemon stepped out. From what I have witnessed, you flagrantly violated the law to suit your political ambitions, and that was wrong. Each one of you Commissioners have been voted into office, in charge with doing the people's business. When I see the grandstanding, the texting on the telephone, the pacing back and forth, the arguing with each other over silly stuff, and not respecting each other or the public, then you're not doing the people's business. When Commissioner Harden [sic] asked that you defer this matter until he got back, the right thing to have done was defer. I would imagine that it was an insult to the Commissioner. It was an insult to the people of our district. I have to give kudos to Commissioner Sarnoff for doing the right thing. I suspect that if our Commissioners recused themselves due to campaign dollars that have been received by Norman Braman, you couldn't bring together a quorum to take a vote on this issue. So, gentlemen, let's not kid ourselves. The public clearly sees the politics at hand. You don't have to insult the intelligence of those who come before you to accomplish your political objectives. When the people presented to the Commission a petition of 145 signatures of people in the community that said "no" to the demolishing of the three properties, the Commissioner stated it's not a relative issue today. But it sheds a light onto the assessment and respect you have for those voters. The petition was not a contract or a legal document that was drawn up by a lawyer. It was a petition drawn up by non -lawyers, the residents of Buena Vista Historic District. The people's intent was clear. To City of Miami Page 90 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 critique the verbiage was nothing more than to suit your own political needs, and it was transparent. When I asked the question, if Norman Braman's ICA or any entity associated with ICA hired a board member of our associations a realtor to facilitate the sale of these properties, I had expected an honest answer, given that we're all under oath. But that didn't -- but I didn't get an honest answer. And for the Commissioners who are attorneys, you knew I didn't get an honest answer. You allowed Steve Helfman, Braman's ICA attorney, to mislead the public. When Steve Helfman, attorney for ICA project said, and I quote, "I don't know who ICA used as a real estate broker," right then and there, you knew he wasn't answering the question and he wasn't being truthful, as we all know that there is a difference between a broker and a realtor. The realtor who handled the sale of this property, which is over $2.5 million, made a sizable commission. When Steve Helfman said and I quote, "This has nothing to do with the land zoning application before you, " he was mistaken. When Steve Helfman presented before the Commission drawings, a petition, stated the position of the neighborhood association, he was hoping to shape your thinking for the support of this project. When Steve Helfman said the association approved this project, then his causal relationship was to imply that the community at large supported this project, especially when he continues to say that there are only a couple of people in the neighborhood that are against this. If Norman Braman has nothing to hide, let's get it out in the open. The community has lost total faith in the association because of the appearance of quid pro quo. Yes, sir, I'm going to wrap up soon. Chair Gort: Thank you. Mr. Murphy: This is not the first time. As a result, residents are forming a new association. At no time has Steve Helfman said "Mr. Murphy, let me set the record straight, the realtor was 'X.'" Why not? So if Mr. Helfman wants to continue to state the association supports his project, then he must answer the question, "Who was the realtor that was involved in the sale of this property?" And, yes, I am wrapping it up. There have been a number of charts that have been presented here today, and I'd like to spend some time to go over those charts, please. Chair Gort: Thank you, sir. Mr. Murphy: I'd like to be given the time to go over the charts. Chair Gort: Thank you, sir. I've given you more time than you expected to be given to you. Thank you. Mr. Murphy: Thank you. Mr. Hardemon, I felt your passion, and thank you. Chair Gort: Next. David Leonardo: Hi. My name is David Leonardo. I live at 4726 Northeast Miami Court. I am a board member of the Buena Vista East Association, and I'm here to speak on behalf -- in support of the ICA. The ICA and the board have been working for months, and after tough negotiations, we feel that we have come to an agreement that takes all the parties into account. Concessions were made on both fronts; and like any negotiation, as you just recently heard, there are people that are very unhappy with the outcome and there are people that are extremely unhappy with the outcome. I'm sure you'll all appreciate what it takes when you have to represent constituents with different opinions. What we really liked about this is that, going forward, we really need to protect the neighborhood, and we felt that with Dacra and the ICA behind us, we can really have the support of two strong organizations as other developers try to encroach in our neighborhood. We are working on a comprehensive plan to add the remaining homes in our neighborhood to the protected list and prevent any future demolition and intrusion from the developers. The demolition of these three homes, contrary to what you heard, is actually legal. It's legal, okay? Those homes were noncontributing. We are trying to make all the homes in our neighborhood contributing structures so that that does not take place, but at City of Miami Page 91 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 this point, it is legal. So we are in support of this. We've made a lot of concessions; they have made a lot of concessions. As a resident, I'll tell you, if there's one concession, it's the one that Sarnoff brought up the last time, which is the setback, which we wish could be a little bit more. But all in all, I think all of us came to the table and did the best we could for the neighborhood present and for the neighborhood in the future. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Thomas Burke, Sarima Gracia and Evelyn Montiel. Thomas Burke: Hi. I'm Thomas Burke. I live at 150 Northeast 45th Street, and I'm here just to voice my support for this project. I think it's a fabulous project, filled with culture and education. I think that Miami is lacking in the department of museums, and this is a great step forward. Thank you. Chair Gort: Thank you. Next. Sarima Garcia: Sarima Gracia, 36 Northeast 42nd Street. I was here a couple weeks ago when we first discussed this item. My house is actually going to be one house from where the museum is going to be; the sculpture garden. And I bought my house in a historic neighborhood right behind the De La Cruz Gallery because I want to be part of this whole neighborhood where it brings culture, art, everything together. I love the idea of being in a progressive city and being part of this awesome thing that is happening. However -- so I'm supportive of the project; I just have a really hard time with the way that it's been put together. It started as a four-story building with an open park. Now, it's a seven -story building with a fence around it that is pushing us out. My main concern has been the setback from the get -go. If we could get a better setback -- 25 feet, like the rest of the houses -- so at least that fence stays within that same line that the houses are, I think that's a great compromise. We spoke about it last time and some of you agreed with that. However, I had one of the main people that are pro this project come to my house and tell me that if I didn't support the project the way that it was that the fear was that then Braman was going to go ahead and make the garden on top of the building, and then donate those three homes as halfway houses so crack addicts can come and get some -- you know -- get better, or homeless go there. So that part really pissed me off because I consider myself an intelligent person. I consider myself a person that is pro this project. Twenty-five feet of setback is not something that is completely outrageous, considering all the other laws and zoning rules that are being broken, so I would appreciate if at least that is something that gets pushed, the 25 foot setback, and that's pretty much it. Thank you. Chair Gort: Thank you. Evelyn Montiel: Hello. My name is Evelyn Montiel, and I live on 4745 Northeast Miami Court, and I am here in support. I'm actually a member of the Buena Vista Historic District Association, so I wanted to speak on support of the ICA. I think what they're doing is wonderful. I think what De La Cruz has done is wonderful, and I'm really looking forward to having this park in our neighborhood. Thank you. Chair Gort: Thank you. Mr. Hannon: The last person I have signed up to speak for items PZ.12 and 13 is Paul Savage. Paul Savage: Thank you very much. It's a pleasure to see the Commission again this evening. If I may, I'm going to try to stay within two minutes, but if you can just give me a little extra. Chair Gort: You can have four. City of Miami Page 92 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Savage: Thank you so much. My name is Paul Savage. I have -- Chair Gort: We have six; more people gave you their time. Mr. Savage: Oh, thank you. And I probably won't use it, Chairman, but I thank you so much. My name -- for the record, my name is Paul Savage. I have law offices at 100 Almeria Avenue in Coral Gables, Florida. It's my honor and privilege to represent tonight Mr. Basil Binns (phonetic) who resides at 4120 Northeast 1st Avenue, which is right there on the corner of 42nd and is not quite touching this applicant's property, but very close; they're on 42nd. My principal point for the Commission to consider tonight is under Miami 21, we have a rezoning section, 7.1.2.8(c)(1) that defines a threshold for how big of a property do you need to initiate a rezoning, and the law is very clear that it's 40,000 square feet or more, and at least 200 square feet of frontage on one street. You don't get to add up the different streets; it's on one frontage. And you might ask yourself, "Why do we have the Code that provides 40,000 square feet and 200 square feet frontage?" And that's because there's a longstanding common law history of prohibition against spot zoning. So what we have in Miami 21 is a codification of that law to keep us out of trouble and not let us zone little tiny parcels here and there. The problem with the current application is that it, instead of being 40,000 square feet, if you combine the five parcels, they're at 28,000 square feet. They have 150 feet on one street and 125 feet on the other street, both of which fall short of the 200, and you're not allowed to add the two streets. So we believe that this rezoning is unlawful from the start because it's just not big enough, and it ties into the case law of spot zoning. It's spot zoning under the common law as well as under the Miami 21 codification. Of course, we're required to follow the Code and the text of the Code, as it's written. The citizens are entitled to rely on its text. We had people testify tonight that they knew they were going into a historic district; they like this neighborhood. And my client's family has been there in some version or generation of their family since 1976. So this is a real neighborhood, this is a real community. This application violates the code; not only on the rezoning, but on the comprehensive plan change. It's inconsistent with the CDNP, the Comprehensive Plan, (UNINTELLIGIBLE) -- one of the major components of that is to preserve housing and preserve neighborhoods. Under HO1.1.8, we're not doing that. We're tearing houses down. I was concerned with a lot of the commentary that talked about the beautiful sculpture garden park and who could be against that, but the problem is that the beautiful sculpture garden park, in terms of my clients that are on 42nd, it's a six-foot or plus wall, so it could have really fascinating and valuable things going on, on the other side, but if you're experiencing that, it's a wall. So it could be great things, it could be evil things; it doesn't matter if you're looking at the wall. And if you think about a community in a residential street that it goes house, house, house, wall, and then picks up again, house, house. I mean I -- they wouldn't do that on my street, and I don't know anyone that would live in a single-family home where you get home, home, home, wall, and then home, home. Why is that appropriate on this street? Why is that appropriate for my clients? It's not. It's not right. If they -- it's a fantastic project. I thank the people that are bringing it, I thank their counsel. All of them are fine and respected people. But what they're doing on this back side, on 42nd, is insensitive, it walls people out. One of those, by the way, the three that are being demolished, the one in the middle would -- in the prior hearing, there was evidence that if the historic designation study would be performed today that that middle house would, in fact, be a contributing structure. So the legality of its demolition is not entirely clear. The covenant was not published, by the way, before this hearing. The resolution -- no one talked about PZAB. I can tell you why. It was a 10 to 1 negative vote. The resolution of the PZAB does not appear in the Legistar package, as required. And I think that I've made most of my points. I would like to be sure and reintroduce the evidence from the PZAB; and, of course, as a matter of housekeeping, the first reading; all of that in the submissions are part of the record. In closing, I would -- and I appreciate, Commissioner Gort, I appreciate the -- Chairman Gort, rather, and the time you've given me. In closing, because of the legal arguments that I've raised and also because of the insensitivity of the six -foot -plus wall that's going to be facing the community side, I would urge this tribunal to deny this application. Thank you very much. City of Miami Page93 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Chair Gort: Thank you, sir. That's it. Two minutes. Stephen Helfman: Good evening. I'll keep it to two minutes. It's nice to see you again. Steve Helfman, on behalf of ICA. Just take a moment to address a couple of comments. The application is properly before you. This issue has come before your City Attorney on several occasions now. The application was to extend a contiguous district. That's precisely what the Code allows, and we've done that. There is no spot zoning. This is a cultural designation, just like any other school, church or any other facility like this. They end up in neighborhoods. That's not considered a spot zoning. It's compatible with the neighborhood. I -- and let me just address this. This is the wall -- I'm sorry -- this is the horrible wall that they're going to see when they come down the street. It's not six feet. There is a coral rock component that is at four feet. This wall was the topic of months, and months, and months of negotiation. This is what the majority and the representative group of the community wanted. As you can see, it is very difficult to satisfy everyone; you all know that. We could not satisfy everyone. Some people wanted a real tall wall so they could see nothing. Some people wanted what we've ultimately come through with. Now, this will go to your Planning & Zoning Board, and it needs their approval. We have a whole 'nother process to go through; an exception process, where this issue and the site plan will be discussed. What I -- the only thing I'd like to finally share with you is what Tony had said at the beginning. This is the hardest hundred million dollar facility, free facility to give away. I've never been involved in anything quite this hard in making a gift. This is an absolute gift to the City of Miami and its residents. We are asking for absolutely nothing. We want to put a $100 million community facility here in one of the most exciting neighborhoods possible. This is a gathering place. This is a garden for free admission every day for the community. I hope that Basil and his family will come here. He's invited, and every other person who has objected to this. This facility is for you, and we're sorry that you're not happy with it, but we really think that the majority of the community loves this, wants it, and would love to have it in your own community. Unfortunately, we don't have one, two, three, four, five million dollars where we could put one in everybody's community. Thank you very much. Chair Gort: Thank you. We now close the public hearing. Vice Chair Hardemon: What's in this covenant? What's in this benefits agreement, whatever that was proposed? I have no idea what that's about. Mr. Helfman: When we were here on first reading, Commissioner Sarnoff insisted, and it is a little bit out of the ordinary on just a rezoning; we certainly would have provided it at -- within the course of the special exception or the exception process. But there were four things that were specifically asked for. Vice Chair Hardemon: That was a mouthful. Mr. Helfman: Yes, it was. I don't know how I got it all out but -- Vice Chair Hardemon: That was a mouthful. Mr. Helfman: -- let me answer your question. The first one is, is that there will be no structures built in what we call the garden; no habitable structures. You see the only construction that will be built on those properties; it is that wall. That's the only thing that we're proposing. It was approved by the HEP Board, and that's number one or IA, as you'll see on that front page; number two, that the north parcels will, in fact, be built as a sculpture garden, there would -- we needed to make that commitment; that the landscaping would be as provided and shown, and maintained, especially along the north property line, which is the fenced area that we showed you. And the last covenant was that we would start this project within two years; if not, the approvals would lapse. We've made those commitments; they're here in the form of a covenant. City of Miami Page 94 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Those are in addition to the commitments which we have made by covenant to the homeowners association, okay? These are additional covenants. Tony read to you some of those other things that we've agreed to in terms of no access along the rear property line, emergency access only. There are no curb cuts there except as required by the City. There are a number of things. We dealt with lighting in the other covenant. We dealt with noise in the other covenant. There's a lot of things that the community asked us to give them, but this is in addition to that. Vice Chair Hardemon: Mr. Planning Director, are six-foot walls or four foot, six-foot walls allowed in that community? Can you have a wall around your property in that community? Mr. Garcia: I will respond to it in two ways. Certainly, a wall of that height would be acceptable within the zoning designation proposed. In addition to that, that component of the project has been presented to the HEP Board, which has jurisdiction over the Buena Vista East Historic District in terms of considering and approving such proposals, and they have voted to approve it. Vice Chair Hardemon: The first part of your response was that is allowable for the jurisdiction or the type of property that's been proposed. But for the property that it was purchased for, for what it is today, is it allowed? Is a wall allowed to go around the property like that? Mr. Garcia: The maximum height on the front part of the property for the present zoning designation, which happens to be T3, would be four feet; that's what would be appropriate in the front end of the property. Vice Chair Hardemon: And the frontage of the property -- I'm sorry. This would be the back side of the property, which would be on the front side of the residential area, from the design that was showed, it appears to almost look like a driveway, so that type of look, is that allowable under the current zoning that's there for a residential property? Mr. Garcia: I'm sorry, I would probably best -- Vice Chair Hardemon: This image -- Mr. Garcia: -- make reference to the image and I can't quite see it from here. Perhaps -- Vice Chair Hardemon: Why don't you show them. Mr. Garcia: What you allude to as a driveway is likely a sidewalk. Is that --? Chair Gort: He's talking about the gate. Mr. Garcia: Oh, I'm sorry. The -- right. So there seems to be -- and I think it is appropriate to define it as a driveway approach into the property. The equivalent would be in those presently platted three residential lots for each of them to have its own driveway approach, the maximum width of which can be 20 feet. Mr. Helfman: And to be clear, we have specifically provided in our covenant to the community that that will not be a driveway, and we have -- if you'll notice in this rendering -- built a curb. There will be no driveway access into that. That's there for emergency purposes, and in the event that we need to move a very large sculpture into the garden, we could open that gate to get it through that area, but it is not an access. We're not allowed to have any accesses under our covenant with the community. Vice Chair Hardemon: So with what you just explained to me, if you have a very large structure that needs to be moved into the sculpture garden, you have to go on this side. Would you drive over the swale to bring it through that entry gate? City of Miami Page 95 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Helfman: We hope we don't have to. It may involve the use of a crane from the right-of-way. What we wanted to do is be able to have somewhere that we could pass it through, but we will not access -- there will be no vehicular access to this property from the street. Vice Chair Hardemon: You're going to drive it through there, aren't you? You're going to drive it over the swale. Mr. Helfman: And through the gate and over the rock wall. Vice Chair Hardemon: The record would reflect that, also. Mr. Helfman: We have -- the -- one of the recommendations at an earlier board -- I don't know that it actually carried through as part of the approval -- was that that be only emergency access, and we're happy with that. We -- if we have to figure out how to get a sculpture in here through a very large crane and lift it over from the street, we will do that. So I want you to know that if that is a concern, that somehow, we're going to drive over the curb and through that gate, we'll agree that we -- no -- absolutely none, not even for -- Vice Chair Hardemon: It'll be that you'll put a crane on 42nd Street and have the crane drop -- Mr. Helfman: Lift it over the wall. Chair Gort: You can use the helicopter. Mr. Helfman: I mean, if that's such a big concern of people, we'll do that. Vice Chair Hardemon: Earlier, you made some statements that this is not a money -making venture. When you made that statement, I'm trying to get my head around what you mean by that. Do you mean the sculpture garden is not a money -making venture, or do you mean that the museum that's going to be ran by ICA is not a money -making venture? You said that you have free access for residents and free access for people; they can come in. Are you talking about to the sculpture garden -- Mr. Helfman: Yeah. Vice Chair Hardemon: -- or do you mean to events that will occur inside the ICA? Mr. Helfman: The entire facility, the museum and the sculpture, is open to the public for free. There is no charge. This is the entire -- Vice Chair Hardemon: Is that on every second and third Tuesday -- Mr. Helfman: No. Vice Chair Hardemon: -- of each month? Mr. Helfman: That's daily. That's daily. There is daily -- Vice Chair Hardemon: And is that properly reflected in any of these documents? Mr. Helfman: It's in our agreement with the community association, but -- Vice Chair Hardemon: (UNINTELLIGIBLE). Mr. Helfman: -- I can tell you that I'm happy to include that within any covenant that -- as an City of Miami Page 96 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 additional provision in here. I mean, this is run by a not -for -profit. It is going to be funded by a very large endowment, which is now in the range of four to five hundred million -- excuse me. How large is the endowment right now. Unidentified Speaker: I think the budget (UNINTELLIGIBLE). Mr. Helfman: About a twenty-five million dollar endowment just to maintain the facility. This is not for profit. This is all privately endowed. Vice Chair Hardemon: So you're willing to record within this Commission -- Mr. Helfman: We're willing to commit that there is free public access to the facility. Vice Chair Hardemon: Both sides? Mr. Helfman: Both sides. I know that nobody wants -- and when I say "both sides, " that doesn't mean access through the back. Vice Chair Hardemon: No, no. Mr. Helfman: To the gardens, as well as the museum, absolutely; the entire facility. Vice Chair Hardemon: This is space. Are you going to use any of that museum space for events, such as, I mean -- Mr. Helfman: There'll be gallery openings; there may be an evening when an artist is showing for the first night his art; and yes, there could certainly be an event. Vice Chair Hardemon: So, certainly, you would charge people to have events in that space if they were -- wanted to have an event in this wonderful gallery? Mr. Helfman: We -- there's -- this is not an event facility, if that's what you're asking me. This is not a place where people can come and rent it out for a party. I mean, this is a actual institute; it's a learning place. I mean, yes, there will be events there; they will be almost exclusively tied to showings by artists, and there may be events -- every Friday evening or weekend, there may be an event. But I'm not -- this is not an event venue. This is not a party venue that's being leased out for parties, no. Vice Chair Hardemon: Right. I mean, I don't want to categorize it as "parties." I used the word, "events, " because, certainly, in the City of Miami, we may have events at areas that -- and it wouldn't necessarily be a party. Mr. Pace: Yeah, I would just clarify that. It's not a function of the revenue stream of the museum, but as significant donors make contributions to the museum, corporations, we allow it as a perk, but it's absolutely not a revenue model for us, renting out the facility. Vice Chair Hardemon: But I surely can envision there being a light brunch at an area like this, where you have maybe a discussion about art and how -- Mr. Helfman: Absolutely. I think that -- Vice Chair Hardemon: -- so those are -- Mr. Helfman: -- you've hit right on it. City of Miami Page 97 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Vice Chair Hardemon: Okay. And what about -- have you given any consideration to how art impacts the City of Miami and its student population, and how you allow students to become involved with this whole type of process? Mr. Pace: Steve, I'd love to take this question from you, if possible. Mr. Helfman: You got it. I'm happy you've taken it. Mr. Pace: Yeah. We work with -- first of all, a tenet also of the mission is to promote the exchange of art and ideas within our City. We work with over 12 partner organizations -- Hands to Help; the Juvenile Justice Center; Urgent, Inc. We also, from our own budget, provide free tours to schools and public schools within the neighborhood. As we know, those budgets have been cut from public dollars, we've made sure to allow that ICA not only offers a free activity, you know, a learning experience at the museum, but we pay for transporting the kids to and from their school, which has been a great benefit. Vice Chair Hardemon: And what's been your objection, then, to the 25 foot setbacks? Mr. Helfman: Okay, I'll take that one. What we're being asked to do is take from the garden, if you will, from the public space that we're creating for everybody to enjoy, to remove 25 percent of that space. What we're being asked to do is take this (UNINTELLIGIBLE) here and move it back 25 feet back into the property; eliminating a quarter of the whole public gardens that they're intended for. And then what happens is you just have public space outside, along the sidewalk, which serves absolutely no purpose. In fact, many of the residents who live across the street don't want it. They're concerned that if you move that back 25 feet, what's going to happen is people are going to kind of gather and loiter outside in front of their homes across the street. There are some people that are upset that we've even moved it back five feet. Understand, there's no building there. This is a wall. Any resident can build a four foot stone wall right up to their front property line; we've actually moved ours back. I don't know what will happen when our next door neighbor builds a wall that extends to the sidewalk, and we're set back from there. That's going to look kind of awkward, too. So -- but the objection is, is why would you take 25 percent of a public sculpture garden and take it outside of the garden, and leave it outside? It doesn't make any sense to us. It's open space. Mr. Robins: Is it okay if I add something? Mr. Helfman: Craig. Mr. Robins: Commissioner Hardemon, this was a very specifically negotiated discussion with the homeowners association, and, really, what they wanted was to have a little area to add some landscaping, just to enhance it. There would be, really, a very marginal public purpose to creating 25 feet and specifically not what was negotiated, and I think it would be extremely damaging to the garden; it would be extremely harmful. So the concession of a five-foot setback for landscaping was agreed to, and then the landscaping was actually designed, and I just added that because I participated in that compromise. Vice Chair Hardemon: Well, you know, I would -- I just want to -- in response, the representations that you make to me, I hold and I regard, because I've known you to be someone who's been honest with me, and someone who's been aesthetically pleasing when it comes to that community. So with the type of development that you've been promising to that community, and how tastefully you've been doing it, I take what you say to me to be the truth, the absolute truth, and nothing but the truth, when it comes to your negotiations with that homeowners association. Now, the homeowners association is only represented by certain individuals, but, certainly, with what the counsel has represented and how it relates to other properties that are adjacent to it, and how a fence could come up to the property line and then move back as it pertains to this, it's City of Miami Page 98 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 somewhat moving. Mr. Murphy: Commissioner, may I say something? Thank you. Chair Gort: Yeah, you're being recognized. Mr. Murphy: Thank you. Before this item, you folks were talking about a building going up, and you had some concerns with lighting. Can you imagine how we feel, Commissioner? We live on a residential street; it's a quiet street; there's not a lot of traffic on this street, and now, we have this. And so we've got some folks in the neighborhood who want to propose a setback for a park with benches and a fountain, so people can sit out there. Now, it's a kind of tough job for us to accept this building. Now, we've got to accept the park, too. I mean, let's -- I think -- Vice Chair Hardemon: So you don't want the setback? Mr. Murphy: No, no, no. You know something, Commissioner? I'm going to be honest with you. We could have worked a deal out with the builder, we could have. I think that we all can work out a compromise. I don't have a problem working out a compromise, but he never came to us to try to work out a compromise. Did we work out the wall there? We did work that out. Originally, he wanted to put up a fence, and you could just clearly see through the fence, and he agreed to do some rock and some fence, and we said, "Okay, we can live with that." But I think there's a lot more he needs to do. And ifI may say so, his building -- can I go up to there and speak, please? Chair Gort: Touch it. Mr. Murphy: Hello. Chair Gort: Okay. Mr. Murphy: I honestly believe we can work a deal out, I do. I think that if they came to the table and were honest, we could have worked something out, but they didn't. We said to them we didn't want any egresses on Northeast 2ndAvenue, because we didn't want any traffic coming out. We want to keep it residential. If we've got to live with this monster, cut us a break, okay? So we said we didn't want any traffic going inside here, and we don't want any egresses. But they said they have to have an egress because of the Fire Department. So I says, "Well, why do you" -- "what's the Fire Department got to do with this?" Well, their property, their building goes right up to the property line. So if there were a fire, the Fire Department doesn't want people going through the building; they want them to be able to exit out. So the only way they can exit out is onto 42nd Street. If they shave this building in a little bit, then people could walk out and they could -- wouldn't have to have an egress there, okay? And the next thing, there's a box right here; there's an electric box. They said to us, "We've got to have that electric box because that's what FP&L requires." Well, I contacted the Fire Department. Guess what? The Fire Department said that's not true. The Fire Department said they usually leave it up to the builder to put that box anywhere they want as long as FP&L has an access. So I said to the developer, "Sir, we don't want to be looking at an FPL box. Put the FPL box down here, hide it up here. Why put it out here on the residential side?" But they don't want to do that. So we could work out some compromises. I think people need to sit down and say, "Hey, look, what really is the burden on these people? Let's cut them some slack." And they haven't. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: Now, this FP&L box, Mr. Recio, is that shielded by that wall? City of Miami Page 99 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Recio: Yes, yes, it is. Vice Chair Hardemon: How tall is the FP&L box? Mr. Recio: Okay, at that area, which is -- there's an access gate for FPL, only. It does not go anywhere else into the sculpture garden. That access gate is six -foot -seven, okay? Here is a line -of -sight diagram done by our architect to show, even in the absence of-- remember, there's going to be a 20-foot tall tree at time of planting here, okay? And there's an existing tree in that area, as well. But even if there were no trees, this is taken from, you know, approximately -- and Mr. Murphy has a very nice balcony on his second floor. He invited me up to his balcony. I appreciated the invite, and it's very, very nice. If you're standing on that and you're looking over this thing, these FPL transformers are -- the tallest one is four -foot -seven. The other one is four feet. These are not tall structures. I'm not a very tall man, and they're shorter than I am, okay? That line of sight clears right over them. That's if you don't -- if you completely discount any of the landscaping, and there's ample landscaping. Those are never going to be seen. That's the point I wanted to make on that. In terms of what was here, through the discussions with Mr. Murphy -- and he had some valid input -- we move -- we had a -- we had the generator in this area. We actually had these transformers turned this way. What we tried to do is reorient them as best as possible, using the FPL guidelines -- okay? -- and line them up with that access point so that it would be at six -foot -seven, it wouldn't be the four foot wall with the fence on top. So we were trying to block it as much as possible. And then, we took the generator that was here, and moved it up against the building, and got it as far away from there as possible. So we've tried to work these things out as best as possible. We tried -- we explored moving these things. FPL needed it close to an access point where they could get a truck up into and actually do maintenance when it's needed; on the rare occasion that it's needed. This is not something that needs to be altered every week or anything like that, or every month, even. This is when there's a power failure. Mr. Murphy: Mr. Hardemon, the -- I met with Tony; a couple of people on the street met with Tony. And when we spoke to Tony, we said that we had some concerns, and he said he was not in a position to make any compromises, but he assured us that we could have a second meeting where he could bring somebody in who could sit down and talk about those compromises. That never happened. When I went to that meeting, Mr. Hardemon, I was willing to stay to 3, 4 o'clock in the morning and try to work out a deal. They didn't want to work out a deal. I think we can work out a deal, and I think -- I understand this is on a fast track, but if I park a trailer in front of your house and said, "This is going to be a permanent fixture," you'd want to have a conversation. And we want to have a conversation. Thank you. Chair Gort: Thank you. We'll get it. Mr. Helfman: Just to make the clear, because I don't want there to be an impression that, somehow -- this has been going on since November. I sat in a meeting where these issues were discussed, and Mr. Murphy got up and walked out of that meeting. We were there for hours during that meeting -- Mr. Murphy: Excuse me, that meeting was about -- Chair Gort: Excuse me. Hey, hold it, hold it. Mr. Murphy: -- dollars. Chair Gort: I'm going to have -- Mr. Helfman: So I want you to understand that this has had extensive neighborhood input, and City of Miami Page 100 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 he's been in those meetings, and he decided to leave. Mr. Murphy: On the agenda -- Chair Gort: Listen -- Mr. Murphy: -- one of the agenda items was to talk about money, and I didn't want anything to do with it. Thank you. Vice Chair Hardemon: Madam City -- Mr. Assistant City Attorney -- Barnaby Min (Deputy City Attorney): Yes, sir. Vice Chair Hardemon: I'll tell you where I am. The first thing I'd like to say is this: I wanted two readings. I wanted to hear two readings for a reason. I don't believe in it goes once and the second one is most important, because you have opportunities to hear things in one reading and make decisions and move forward in a second reading. And so the reason that we put two readings, I think, are incredibly important, because it allows us to go through this public process. And for so much pressure to be put on the Commissioner whose district this lies in, and to put that pressure on him in one reading, I think is unreasonable, and so that's why I asked for the continuance. Now, I'm perfectly within my right to ask for another one, because it seems to be that there's a battle between some residents and some homeowners associations or -- and the ICA, itself. I completely understand how the membership works in places or in organizations like Buena Vista East Homeowners Association. I've met with before, and I'm -- a young lady spoke today that I had never seen before, so I'm assuming that she's new to the group. And so when I consider the fact that I get other letters from people who live in that community, who've been living there for 30 years --it's been provided on the record -- and they say that part of the reason that they're not involved with it is because the cost has went from $10 a year in dues to 150, I mean, all those are things that, you know, we consider. Does a homeowners association represent that community if it's not representative of that community? I mean, I'm not here to debate that today. I think that's the question that all homeowners associations have to ask each other. When they make a statement like, "I represent the Buena Vista East Homeowners Association, we represent 400 homes, " you know, is that a truthful statement? I'm not here to debate that today, but we are here because the members of the Commission who are here with me present today moved it to a second reading. Thankfully, Commissioner Sarnoff added some conditions to the covenant that I think are important. I know that this put other Commissioners in a position that they did not want to be in because of the situation concerning the four individuals that were here and able to vote. So I wouldn't -- I would never make the representation that people like Mr. Robins hasn't reached out to me to ask if there's anything that I want to ask him about to please ask him the questions. But I did not have any discussion with him in particular about the project, because I don't want to have to make the -- I didn't want to have to make that representation on the record and have them made a discussion and not have heard at least from people in my community. So this -- it puts me in a very bad position as far as time goes; the ability to be able to sit down with my constituents, the ability to be able to sit down with ICA in a reasonable time to start to think about these issues. I was away. I was 12 hours away, in time zone, I guess, if you will, and now, I'm here, and so I'm just trying to salvage at least what I can before this vote moves forward and I -- and it goes the way that it went the first time, as was articulated by the lovely young lady who explained to us what -- the rates in which the first and second readings will pass at. So here we are. And what I'm looking for from -- as I bring the attention back to my Assistant City Attorney -- is, how is it that we can ensure -- can we ensure that, one, there's free admission to people of the City of Miami? How is it that we can guarantee that there are six free events per year at this facility; at the discretion of the district Commissioner, of course, being tasteful? You know, I'm -- or whoever -- hopefully, the next Commissioner will be tasteful, as well. And how is it that we can guarantee 20 summer internship positions available through ICA to the children that live within the D5 community, so City of Miami Page 101 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 that we can encourage them to not only have training, but development, and not be involved with the criminal element within my community, at a wage of a dollar -fifty more than the minimum, or whatever the minimum wage is? How is it that we can do those things? Mr. Min: Commissioner, my suggestion is, if that is the community benefits that the applicant is volunteering to provide to the community, and since they are providing a voluntary covenant, they can add that as a part of the condition of the covenant, which is going to be recorded with the land. Vice Chair Hardemon: Now, I remember when I was a student at Charles R. Drew Elementary School -- I graduated from there in 1996 -- don't tell me where you were in 1996 -- I remember Hilary Clinton coming to visit, and it was such a big deal. And around that same time, there was this man who I had never heard of before by the name of Braman that also visited. He gave scholarships to a group of people. I think he called them "dreamers." And those dreamers were a few years younger than me, and all they had to do was make it through school, and if they made it through school, they would get these scholarships. And I believe, just recently, he awarded some of those kids those scholarships. And one of the things that I thought was interesting about it is the only person that was dreaming was me, because I dreamed that I was two years younger to be able to receive those scholarships, because, like was expressed by our dear Chairman, I walked out of school, law school, MBA (Master of Business Administration) and undergrad, with just south of $200, 000 in debt; even with some scholarship funds. That's what the University of Miami will do to you if you can't pay for it day by day. And so, I say that it's been expressed many times over that Mr. Braman and his family have had these huge hearts for our community, and I'm sure that I'm asking for nothing when I'm talking about minimum wage and a dollar -fifty -plus. Dacra is also making great changes within this community. And Craig -- Mr. Robins -- has expressed many times over, if we ever need to use his facility for an event, just let him know, and I take his word for it, because I expressed to you earlier, I believe you when you speak to me. I think that's something that you never want to lose as a man, is your credibility, and I think that he has it with me. And so here I am, and I don't have the benefit of speaking to Mr. Braman. I don't have the benefit of speaking to the chairman of this ICA, this organization. I don't have the benefit, because they send representatives to do their work. And that's okay, because they are very important people who have very tight schedules. So what I'd like is the representative of these organizations to make these promises to the community so that we can at least guarantee that this is not some spaceship in the middle of Buena Vista East; that those who lives just west of it, Buena Vista West, Little Haiti, Liberty City, Overtown, they'll never had an opportunity to see, because, most likely, they'll never see the Smithsonian; most likely, they'll never see any of these beautiful museums that I can't even quote to you, because I've never seen them. And so if I don't have the opportunity to see them, I could bet on my bottom dollar that, most likely, a lot of the kids who are disadvantaged in my community will never have an opportunity to see them. So if during this time that I've been speaking, you've come up with your answer, I would love to hear it at this point. Mr. Helfman: In terms of the admission without any fee, we have no problem in making that part of our covenant. You -- we've made that commitment publicly and we're happy to reduce it to the covenant. We can tell you that we provide these outreach programs, and I will tell -- and I think we can commit that we will not reduce the level of community outreach for the teens and youth of the community below that outreach which we have today, which serves about 500 kids a year. I Vice Chair Hardemon: I'm going to tell you something that my family says all the time. I think I'm always -- we have these things that are very funny to us, and we say them because they always find a way to become relevant. And one of the things that my family says -- and I have a very large family -- is when we ask a question or we ask of something and you start to explain, and we listen. And the first thing that comes to mind is, "Your answer it too long." And what that means to me in this situation is, what I asked for was 20 paid summer internships for kids at City of Miami Page 102 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 a dollar -fifty plus the minimum wage that the -- where the kids would be identified from the D5 area. If you're servicing 500 students a year, I mean, what's 20 paid internships to children who reside within an area that is underserved? I think that the answer should be, "okay." But if you start to tell me about ICA and their history within the community, and 500 people, and -- I can't name one. Can you name one? Can you name one that they serve? Mr. Helfman: Well -- Vice Chair Hardemon: Can you name one? Commissioner Sarnoff has to know one. You know one? I don't know any. So unless you have -- you have one here? Can you give me an address? Mr. Helfman: When you say, "name one of the" -- Vice Chair Hardemon: I'm talking about the children. Mr. Helfman: Yes. Vice Chair Hardemon: Right. So what I'm saying to you here is that I want to be able to say, `I know 20. I know 20." I don't know you, sir. I've never met you before, never seen you before. Unidentified Speaker: (UNINTELLIGIBLE). Chair Gort: Excuse me. Yes, sir. Mr. Robins: Just to -- I'm not sure what you're asking for, so if I could -- if you don't mind. When you say, "an internship" -- what does "one internship" mean over the summer, just so I can understand? Because what you're asking is an attorney to make a financial commitment -- Vice Chair Hardemon: Right. Mr. Robins: -- for an organization and it may not be that he can. Vice Chair Hardemon: So I'll help you. I will be straight and then I'll be theoretical. To be straight, one internship -- Mr. Robins: A wise man said, "You have to be short." I'm already that, okay? Vice Chair Hardemon: "One internship" is a commitment of 30 hours or less a week of a young person who is maybe in high school, between the ages of nine -- I mean the years of ninth, and tenth and twelfth grade, where they can get paid a dollar amount, which is the minimum wage plus a dollar -fifty -- Mr. Robins: Okay. Vice Chair Hardemon: -- to learn the skills and things that are associated with ICA, so they can shadow, they can do things, they can -- Mr. Robins: I think just -- sorry, I don't mean to -- So you want a minimum of $30 a week for 20 different students -- Vice Chair Hardemon: No; 30 hours. Mr. Robins: Oh, 30 hours. Vice Chair Hardemon: Thirty hours. City of Miami Page 103 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Robins: Thirty hours. Vice Chair Hardemon: Right. Mr. Robins: Sorry. Vice Chair Hardemon: Thirty hours a week. And, I mean, they can do it in partnership with you. They can have their students exist in different parts of the Design District. Mr. Robins: You're asking them to commit to $12,000 a week for summer internships. Vice Chair Hardemon: I believe the -- what was the amount of the endowment; $150 million or something like that, that we boasted about? I'm asking -- Mr. Robins: Well, I'm just asking so I can understand because I don't know what you're saying. Vice Chair Hardemon: No, no, no. But I'm -- so that's what I'm asking for. So the internship -- and so, theoretically, what it will provide is an opportunity for students who live within the area -- and "the area" meaning District 5 -- who every day, when these gentlemen up here get an email alert that says that someone has been shot, that person is 16 years old it was in Overtown, it was in Liberty City, we're trying to reduce that. We're trying to -- Mr. Robins: I think it's a good thing. I just -- trying to know what they're being asked to commit to. Vice Chair Hardemon: So that's why I'm -- see, what happens is -- Mr. Robins: It's three -- it's 30 hours a week times 20. Vice Chair Hardemon: -- when you have the lawyers -- Mr. Robins: I guess $10 an hour? Vice Chair Hardemon: -- your job is to make it pass. But we are -- you don't get an opportunity many times to speak to the decision makers like -- I mean, Craig is a decision maker. He can say for his organization ofDacra, "You know what? I can do that," which is not -- it's not much. Your job is to influence us to make a decision in your favor. And so here we are, where I'm trying to get just something, just for children out of it and it's -- Mr. Robins: Well, wait a minute. Vice Chair Hardemon: -- just -- Mr. Robins: I'm sorry I'm doing this, because it's just -- it's like a business decision. Vice Chair Hardemon: Yeah. Mr. Robins: It's a very good thing, so no one says -- we all think it's a good thing. It's -- you want them to commit to 30 students -- Vice Chair Hardemon: No. Mr. Robins: Twenty, 20 students; 30 hours a week and times minimum wage, which is -- what's the minimum wage? City of Miami Page 104 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Vice Chair Hardemon: Minimum wage plus -- Mr. Robins: How much is minimum wage now? Vice Chair Hardemon: Currently in the State of Florida, it's $8.05. Mr. Robins: Fifteen dollars? Vice Chair Hardemon: Eight dollars and five cents. Mr. Robins: Okay, so 10 -- let's just use $10. Vice Chair Hardemon: Yeah. Mr. Robins: Okay. So it's 600 -- Vice Chair Hardemon: Six thousand dollars. Mr. Robins: Six thousand dollars a week over the summer for a couple months. Mr. Helfman: The problem is this is not a financial issue, okay? Aside from all of these commitments which are -- that Braman alone has spent over a hundred million dollars on exactly what you're talking about; exactly what you're talking about, like you mentioned a few minutes ago, those scholarships in your community. To come now and to say, "Yeah, but it's not enough, we" -- "I want some more" -- that's okay, you can ask for more. Vice Chair Hardemon: I don't remember what -- Mr. Helfman: The problem is it's not money. Vice Chair Hardemon: -- I don't remember what -- Mr. Helfman: It's not money. The issue is we're not set up to bring in an entire group of interns in this museum and take care of them. We need staff. He told you, he's six staff. Who's going to take care of 20 kids all day long, eight hours a day? Vice Chair Hardemon: See, maybe -- Mr. Helfman: Where do you get "money" out of "commitment"? Vice Chair Hardemon: -- you're confused to what the goal is for the children who participate in an internship program. See, the goal isn't to take care of them. The goal is to give them leadership training, financial training -- hear me out. Mr. Helfman: Yes. Vice Chair Hardemon: The goal is to give them work experience so that maybe that they can be sitting on the side where they're working for the ICA, or maybe they can be -- just like when Braman does his automotive training with the hope that one day that those kids will be working for his organization, because it's easier to bring people into the foal. I mean, I did internship. So, for instance, when I was interning for Pfizer -- right? -- a major pharmaceutical corporation -- I made more money as an intern my first year of college or second year of college than I did as a public defender. And if anyone dared to say to me that they were baby-sitting me, when I was providing them with as much professional experience as I knew at that moment in my life, I City of Miami Page 105 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 would be offended; especially when, then, that one who was being baby-sat became an actual employee of the organization. So here we are -- and I can understand that the commitment that Braman made 20 years ago comes to fruition today by paying scholarships, but we understand that. All I'm asking for is an opportunity -- and may -- if you can't provide me with that answer, maybe we should have called someone that could; maybe we can get on the phone with someone that can. Mr. Robins: Let me tell you -- I'd like to make a suggestion, Commissioner Hardemon, and I don't know if -- and I'm not in a position to tell you that I can get you what you want, but I will make this commitment to you: That if this thing passes, we will -- I will sit down first with you and the ICA, because I want you to understand what they are doing. It's not fair for you to make a request without understanding what they're doing. And then if you feel there's something else that should be added to that, I'll try to work with you and get there. I can't sit here today and tell you that I can make a fifty -thousand -dollar -a -year commitment for the ICA, because I can't. But I think if you understand what they are doing, and we tailor some of those programs to accommodate you or expand them, we'll get where you want. Vice Chair Hardemon: I just don't even know who the ICA is, and I can probably guarantee you that if you polled my community and you asked them "Who is the ICA?" that you would get about a 90-something percent response that they don't know who they are. You want to help him with -- Mr. Robins: What I'm committing to you, though, if it's enough for you, is I'll give you my word that we'll sit down, we'll go through what it is that they do do, and then we'll work with you to try to tailor it to something that meets some of your goals, as well, and maybe they're already meeting your goals. Commissioner Suarez: Can I just jump in, please? Chair Gort: Yes, go ahead. Commissioner Suarez: Thank you, Mr. Chair. May I, Commissioner Hardemon? Commissioner, you mind ifI jump in a little bit? Vice Chair Hardemon: Sure. Commissioner Suarez: And by the way, I don't know that this discussion at all goes to the issues that the community members are concerned about. You know, I remember when the Performing Arts Center was built, and I remember thinking, you know, how expensive it is -- it was for the community. And I remember thinking, `I wonder if anybody's ever going to have the money; anyone from the inner city is ever going to have the money to go see an incredible play at the Performing Arts Center, you know, 'Wicked,' or 'The Nutcracker,' or the things that maybe we can afford to go see." And I thought to myself, "Man, this is a huge investment that our community is making, and I don't know if any one of the kids that live in the City of Miami -- because the fact of the matter is that whether you live in Overtown, or Liberty City, or Little Havana, or Flagami, you know, paying $100 for a ticket to the Performing Arts Center, per person, is just something that's not, you know, within reason to expect someone to do. And so I think, you know, one of the things that -- you know, I think there are some neighborhood related issues, which I'm saddened that some of the members of the community feel that my comments to them were dismissive in any way. I really feel like I work hard to try to bridge gaps, and I was actually somewhat emboldened a little bit by Mr. Murphy saying that he felt that he could come to an agreement, and I appreciate you for saying that and for being reasonable as you came and approached, and talked about some of your specific issues, because I didn't think that your issues were that outlandish or anything like that. And to be frank with you, when I saw that your view specifically was into the sculpture garden, I thought you probably are going to have, hopefully, a City of Miami Page 106 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 better view into a sculpture garden than the roof of a single-family home. That's just my opinion; you don't have to agree with it. You don't have to agree with my opinion. I'm just giving you my opinion, okay? So -- and I do want to go to something that Mr. Helfman said, which was that when he said that, you know, "I wish Mr. Braman did have $500 million to do a hundred million dollar museum in each of our districts," because I can tell you, at the end of my block, there's a laser eye center and a funeral home. And I don't have anything against laser eye centers or funeral homes, per se, but I'm not going to be taking my son there any time soon; to either one of those two, hopefully, okay? So, you know, this is something that's incredibly beneficial for a community. We have to find a way that it benefits every member of our community. And I think you made a very, very good point, which was some of the members in our community may never go to the Smithsonian. They may never even know what the Smithsonian is, but they can -- they are and will be able to go to this museum. And I think that's important because we didn't have these kinds of facilities before at all; we certainly didn't have them where people in our community could afford them. Nowadays, you can barely afford professional sports games -- I mean, going to a Miami Heat game, going to a Dolphins game -- and there's been public money pumped into those things. I think baseball is the only affordable one, and I don't think anybody would argue that that was a good deal for the community. So, you know, in terms of cultural centers that our citizens can actually appreciate, and develop an appreciation for art, and develop an appreciation for culture, they just don't -- they're starting to take hold now. And I don't -- I really -- I understand the neighborhood's concerns. I'm not sure I understand all the hostility, because there's a tremendous amount of hostility here, and it goes to, you know, this is a good thing. Now, I think even Mr. Murphy would admit that it's a good thing; maybe not in the way that it's being envisioned; maybe not in the way that his concerns -- he feels that his concerns are being listened to or not listened to. But this is a good thing for the community and for the City, and I think, you know, I think Mr. Robins' challenge of sitting with you and seeing if he can satisfy you -- Mr. Murphy: Mr. Suarez, may I make a comment to you? Commissioner Suarez: It's the Chair; through the Chair. Mr. Murphy: I think it is a good project. I think it is a good project. What I think that the builder should do is say, "You know what? It's an impact on the folks" -- Commissioner Suarez: Of course. Mr. Murphy: -- "let's try to work something out." We're not asking for any money; we're not asking for anything. Look, let's just have a conversation, work this out. Commissioner Suarez: And I hear you, and I think your concerns, you've had an opportunity to state them, probably more so than anyone else in the community, and I think your Commissioner, who didn't have an opportunity to be here on first reading, is mindful of that. So I'm just saying that, you know, I'm trying to redirect the conversation a little bit, just because we get bogged down in a variety of things, and I wanted to just kind of take it in a little bit of a different perspective. That was just my perspective in listening to everyone and what they had to say, and not having had an opportunity to speak here. Mr. Murphy: Thank you. Commissioner Suarez: Thank you. Chair Gort: My understanding is, in looking at the numbers, more or less, what I looked at, we're talking about $8, 000 for the summer. My understanding is you're talking about -- and this is just a figure -- the eight weeks, which is the summer program for the intern, priced at the quote -- the $10 you stated and it comes out to about $8, 000 a year. That's the bottom line. City of Miami Page 107 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Robins: Sorry, but the way I calculated it, it'd be about 50,000 a year. Chair Gort: Fifteen? Mr. Robins: Five-o. Five -zero. Chair Gort: You're talking about 600 hours -- Mr. Robins: It's three -- Chair Gort: -- times the 10. Mr. Robins: -- it's 30 hours times 20 people times $10 times eight weeks, right? It's 48,000. I'm just -- I'm not in a position to make that commitment, but I do commit that I will -- I think the first thing, as I said, is to really be able to take the time with you, Commissioner Hardemon, to understand what the museum is doing. And then if there's suggestions that you have to redirect those resources, I would at least advocate it. I think it's a dialogue, and I know that the museum wants to have an ongoing relationship with you; not just a relationship tonight. Vice Chair Hardemon: And, you know, Mr. Robins, what's -- so I felt like I was robbed at one hearing, and here we are on the second hearing. So I -- this is my first hearing; this is your second hearing. I could ask for a continuance to have a third hearing and that makes me want to have a third hearing so I could at least get me a second hearing. You know, I could do that, right? I don't think I would have the support. But I will say that what bothers me more so about this hearing, which is my first hearing, is that it seems to be -- when I think about the art of negotiation, one of the things that, you know, makes it -- one of the things in negotiating that you can do as a tactic is you send people who can't make the final decision. "Look, I'm only" -- "I can only negotiate up to this; this is my purview. If it's past this, I have to go back and get permission from someone to get the final answer." And what's interesting is that for something so small -- because even in the documentation, you're talking five million dollar donation; you're talking Rhythm Foundation; you're talking -- Mr. Helfman: Commissioner, I can help. Vice Chair Hardemon: -- I mean, you're talking all kinds of things. Mr. Helfman: I can help. I have an email from Mr. Braman. The answer is "no." Okay? Mr. Murphy: That's exactly what he said to us. Chair Gort: Okay. Let's go. Mr. Murphy: How can you negotiate with a person like that? Chair Gort: Excuse me. The public hearing is closed. What's the wish of this Board? Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: What -- in terms of the community concerns, the neighborhood concerns that were expressed, where are we with that? Because I think we ended up talking about a program. And by the way, not that I want to have a, you know, full-fledged discussion about the program. I don't know what -- to what extent, and I presume -- and I think that's what Mr. City of Miami Page 108 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Robins' conversation with Commissioner Hardemon would be about, I presume -- was what outreach programs, what kind of student participation programs were going to be happening at the ICA. So, I mean, I don't know whether they would take on a job component, or whether they would take on simply a component of having, you know, students from a variety of schools come and be exposed to the arts. Obviously, the fact that, you know, City residents would be able to go to the museum for free is a huge benefit to our community. So the issue is, you know, I think, back to what, if any -- I mean, did we address all the community concerns? Are we ready to move forward? Chair Gort: Well, my understanding is the Commissioner of the district walked out, and so it's up to you guys, what you guys want to do, what we want to do. You want to defer the item, give him another change or you want to vote on it? What do you want to do? Commissioner Sarnoff So I was the nice guy last time, so let me be the bad guy this time. I'm going to move to approve PZ.13. Commissioner Suarez: Second. Mr. Hannon: I'm sorry, the motion would be on PZ.12. Commissioner Sarnoff I knew that. I was seeing if you were paying attention. Mr. Hannon: Yes, sir. Commissioner Sarnoff And you were. Mr. Hannon: And I got -- just want to make sure I get your name right on the roll call. Chair Gort: There's a motion for approval and there's a second. Any further discussion? Being none -- The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ.12. Commissioner Carollo. Commissioner Carollo: Yes. Mr. Hannon: Commissioner Suarez. Commissioner Suarez: Yes. Mr. Hannon: Commissioner Sarnoff. Commissioner Sarnoff Yes. Mr. Hannon: Chair Gort. Chair Gort: Yes. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.13 ORDINANCE Second Reading 15-00406zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. City of Miami Page 109 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-O "GENERAL URBAN TRANSECT ZONE OPEN" WITH MIAMI DESIGN DISTRICT SPECIAL AREA PLAN TO CI "CIVIC INSTITUTIONAL"; AND T3-L "SUB -URBAN TRANSECT ZONE LIMITED" TO CI "CIVIC INSTITUTIONAL"; FOR THE PROPERTIES LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41 ST STREET AND 50, 58, AND 68 NORTHEAST 42ND STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00406zc-Submittal-Wendy Stephan and Elvis Cruz -Documents in Opposition of Land Use and 15-00406zc-Submittal-Tony Recio-Declaration of Restrictions Covenants.pdf 15-00406zc-Submittal-Stephen Helfman-Community Outreach and Education Plan.pdf 15-00406zc-Submittal-Robin Porter -Letter. pdf 15-00406zc-Submittal-Paul Savavge-Property Appraiser Summary Reports.pdf 15-00406zc-Submittal-Paul Savavge-Letter of Opposition from Basil Binns II.pdf 15-00406zc-Submittal-Francisco Garcia-PZAB Resolution. pdf 15-00406zc-Submittal-Elvis Cruz -Land Use and Zoning Change on NE 41 and 42 Street.pdf 15-00406zc-Submittal-Antonio Grullon-Petition Signatures in Opposition of Land Use and Zoning ( 15-00406zc SR Fact Sheet.pdf 15-00406zc Legislation (v4).pdf 15-00406zc Exhibit.pdf 15-00406zc Application & Supporting Docs.pdf 15-00406zcAnalysis, Maps & PZAB Reso.pdf 15-00406zc-Submittal-Commissioner Carollo-Institute of Contemporary Art Miami.pdf LOCATION: Approximately 53 and 61 NE 41st Street and 50, 58, and 68 NE 42nd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Tony Recio, Esquire, on behalf of the Institute of Contemporary Art, Miami, Inc. and joint applicant Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial of the proposed changes to zoning. Staff is recommending the entire subject site be rezoned to CI "Civic Institutional'. Item does not include a covenant. See supporting documentation and companion File ID 15-004061u. PLANNING, ZONING AND APPEALS BOARD: On May 6, 2015, voted to defer the matter to the July 1, 2015 meeting, by a vote of 5-2. On June 3, 2015, recommended denial, by a vote of 10-1. PURPOSE: This will allow a zoning change for the properties located at 53 and 61 NE 41 st Street from T4-O with Miami Design District Special Area Plan to Civic Institutional; and a zoning change for the properties located at 50, 58, and 68 NE 42nd Street from T3-L to Civic Institutional. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon 13530 City of Miami Page 110 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Suarez: Second. Chair Gort: Been moved and second. Any further discussion? Barnaby Min (Deputy City Attorney): And just to be clear, the -- Commissioner Suarez: The covenant is accepted. Chair Gort: All the covenant is accepted. Mr. Min: -- covenant was proffered voluntarily by the applicant as is -- Commissioner Suarez: Yes. Commissioner Sarnoff Yes. Mr. Min: -- and is accepted as is. Commissioner Carollo: Yes. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): And also, for the record, I'm submitting into the record the Planning, Zoning & Appeals Board Resolution PZAB R-15-028. Roll call on item PZ 13. Commissioner Carollo. Commissioner Carollo: Yes. Mr. Hannon: Commissioner Suarez. Commissioner Suarez: Yes. Mr. Hannon: Commissioner Sarnoff. Commissioner Sarnoff Yes. Mr. Hannon: Chair Gort. Chair Gort: Yes. Mr. Hannon: The ordinance passes on second reading, as amended, 4-0. Chair Gort: Do I have a motion to adjourn? Mr. Hellman: Thank you all for your patience. Thank you. PZ.14 ORDINANCE Second Reading 14-01075zt 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. City of Miami Pngz 111 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 14-01075zt SR Fact Sheet.pdf 14-01075zt PZAB Reso.pdf 14-01075zt Legislation (v5).pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on November 5, 2014, by a vote of 7-0. PURPOSE: This will allow non -conforming buildings with less than the required on -site parking, or no parking, to continue to exist with vested rights while emphasizing the intent of the Miami 21 Code to promote rehabilitation, restoration and adaptive uses on existing buildings. Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon Note for the Record: Item PZ.14 was deferred to the July 9, 2015 Regular Commission Meeting. Vice Chair Hardemon: Mr. Chairman, can we do PZ 14 and PZ.15 before we do 11 and 12 -- I mean, 12 and 13? I'm sorry. Chair Gort: Sure. Fourteen and fifteen? Vice Chair Hardemon: Yes. Chair Gort: You have it. PZ 14. Francisco Garcia (Director, Planning & Zoning): Yes, sir. Thank you. Item PZ.14 is before you on second reading as a proposed amendment to Miami 21, Article VII. That would be the Zoning Ordinance, Article VII. This particular item, as presented to you on first reading, is intended to amend the section pertaining to procedures and nonconformities in order to provide further restrictions and clarifications for adaptive uses. In this particular instance, we are going to be recommending that the language not be amended vis-a-vis that which is presented to you in the package, but rather be adopted as presented to you in the package. And we are of the belief unless otherwise stated on the record, that these measures go basically full way towards addressing the concerns of low density residential property owners. I'll caption briefly for the record the fact that the amendment is intended to exclude properties that are presently permitted for uses as residential to be able to be adaptively reused as office or commercial, because the change in parking requirements would be disproportionate, and rather limits the ability to have adaptive reuses from essentially office uses to commercial uses so long as the structure, as presently configured, is allowed to occupy one of the uses at present. It also probably bears clarifying that should there be any additions or any reconfigurations of the subject property, the property that is going to be reused, then, certainly, those configure -- those reconfigurations or additions themselves would be subject to the full application of present zoning requirements for parking. With that said, I'm happy to answer any questions you may have. Chair Gort: Okay, thank you. Public hearing. Yes, sir, you're recognized. City of Miami Page 112 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Elvis Cruz: Thank you, Commissioner. Commissioners, I've handed out this salmon- colored sheet, and just to highlight it briefly for the record, Morningside is suffering at the epicenter of a perfect storm of parking insufficiency. In the early '20s, the entire neighborhood was platted only and zoned only for single-family homes. In 1926, Biscayne Boulevard was created, and it ran through Morningside, but it was still zoned for single-family residential. Through the 1940's, at least 10 single-family homes were built along Biscayne in the Morningside area. And then sometime after the 40's, the zoning along Biscayne became "O " for office; and for decades, small home offices have operated with minimal impact on the neighborhood. Then in 2010, Miami 21 took effect with three major changes. Miami 21 completely eliminated the office zoning category. The area was rezoned to T4-0 or T5, and Miami 21 granted all buildings undergoing adaptive reuse the extraordinary privilege of not having to meet the same parking requirements as new construction. Additionally, there's a basic fundamental flaw in the Zoning Code. The parking requirements for office, commercial, or restaurant uses are all the same, and based on the interior square footage, and completely ignore any outside seating. While none of us has ever heard of an outdoor seating for an office, we've all seen outdoor seating for a restaurant. Outdoor seating can be routed to a restaurant with no additional parking requirement. As a result, there's a current proposal to open a 40-seat restaurant with only three parking spaces in a former single-family home office directly abutting the single-family homes of the Morningside Historic District. So in order to bring common sense to this issue and to protect all T3 neighborhoods, I have -- I've offered an amendment to the Zoning Code. It's a modification of what is offered by the City for clarity. Now, I want -- I can go read it for you, if you like. You do have it in front of you, but the main elements that are involved is that it keeps the 500 feet buffer for a T3 transect zone, and that any outdoor seating would not be allowed to not have additional onsite parking; and perhaps, most importantly, if the building was originally built as a single-family residence, then it would not be eligible for the exemption; originally built, even though it may currently be operating as an office that should be grandfathered, but to convert a single-family home office to commercial or restaurant without additional onsite parking would be a huge blow and detriment to any T3 neighborhood within 500 feet. So I would ask you to please entertain and add this language to the Zoning Code. I'm available for any questions. Thank you. Chair Gort: Thank you, sir. Anyone else? Chris Zangrilli: Hello. My name is Chris Zangrilli. I'm the owner of District Realty Advisors, 6200 Northeast 2ndAvenue, LLC (Limited Liability Company); also the executive director of the Little River Business District. We have a couple issues with this legislation, how it's written. If you don't mind, we have some tweaks to it I'd like to hand out to you guys. The two biggest problems with this are that, "A," it does not protect an existing use that's nonconforming. If they'd been there for 10 years, and once they passed the new Code, they're nonconforming, so their vested parking rights would no longer be protected if this passes as is. Now, if you just simply add existing use and existing structures, then when you come for your CU (Certificate of Use) renewal, which you have to do every year, they can't revoke it based on you not having enough parking, which, based on the language that's written here, it's open to interpretation that the Administration could revoke your CU because you don't have enough parking. So I think just adding "existing use" and "existing structures" after the word "adaptive use" would take care of that. It wouldn't allow them to revoke your CU on the loophole. And the second issue that we have is the 500 feet away from a T3. Basically, any commercial corridor in the City of Miami is within 500 feet of a T3, and a lot of these corridors have old single-family homes on them. I mean, you go down Coral Way, or 8th Street, or Flagler, a lot. So if you could just -- so if someone buys this property and they want to turn it into an office , a doctor's office or a dentist's office, there's no way that they could ever put nine parking spaces on that lot. It's impossible. They'd never be able to do it. So you'd be sitting there with this vacant house or this dilapidated property for God knows how long instead of doing the wise thing and allowing them to put, you know, some sort of use in there, some sort of adaptive reuse. Now, just putting abutting a T3 would help that, because that would eliminate a lot of the problems. And that 500- foot buffer City of Miami Page 113 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 would -- it's basically throwing out the baby with the bath water. You would remove any chance that these houses could someday be a dentist offwe or an insurance ofice, a real estate office, something like that. Commissioner Sarnoff Mr. Chair, could I address? Chair Gort: Thank you. Yes, sir. Commissioner Sarnoff So, let me ask you a question, because -- let's just take your dentist office. Let's say there's a -- I don't know -- six -chair dentist office. How do you envision the people getting there? Mr. Zangrilli: That's a good point. I mean, there will be parking onsite, obviously, but you won't be able to reach nine spots. It just won't be possible -- Commissioner Sarnoff No. I (UNINTELLIGIBLE) -- Mr. Zangrilli: -- on a 5, 000-square foot lot. Commissioner Sarnoff -- doesn't that maybe suggest the dentist office doesn't belong in that adaptive use? Mr. Zangrilli: But you're talking about a commercial corridor here. You're talking Northwest 27th Avenue, 17th Avenue, there are so many lots and so -- I mean, I don't know how many, but there's got to be thousands ofsingle-family homes up and down these blocks that are sitting dilapidated that have no use. Commissioner Sarnoff But aren't you putting the --? I mean, I think you -- for purposes of discussion, you would agree that you're putting people in single-family neighborhoods to park. Mr. Zangrilli: You would put an onus; yes, slightly. Commissioner Sarnoff And that onus doesn't trouble you? Mr. Zangrilli: No, not as much as a vacant house on a major thoroughfare. I think having something in there is more wise than having it just falling apart. Any questions? Chair Gort: Okay, thank you. Yes, sir. Thank you. Commissioner Sarnoff You have language, too? Unidentified Speaker: Yeah. Commissioner Sarnoff Does anybody get up here without language? Wait. This looks like their language. Peter Ehrlich: It's very similar. My name is Peter Ehrlich, and my address is 395 Northeast 59th Street, in Lemon City. Many of the buildings in Lemon City were built in the 1920's, 1930's, 1940's; and they were built, you know, to serve a variety of different functions. They were moving and storage. Sometimes they're heavy industry; now there must be light industry and artists, but they weren't all built with parking. So what -- we're in agreement with the Administration and Francisco Garcia. This is a slight tweak to the proposed language that the Administration is suggesting, with a change. And also speaking to Mr. Cruz, the line in italics is uses and structures which abut a T3 transect, single-family, must conform to all existing Miami 21 parking regulations. So, you know, many commercial buildings are very close or abut City of Miami Page 114 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 single-family residential. In the case of this legislation, a building that would abut a single-family would have to provide the same parking that everybody else would under Miami 21. But if they're not abutting a T3, or single-family, then they would have the protection and the benefits of this new proposed legislation, which we support. Commissioner Sarnoff So, if you're -- Is it all right, Mr. Chair? So if you're one house in -- let's say it's just a house -- from another house, which would then not be abutting, you would have no buffer, and it would be okay with you that the people park in the residential neighborhood? Mr. Ehrlich: Commissioner, it's a good question. I'm primarily concerned with the old warehouses and the adaptive reuse for dealing with old commercial structures and old industrial structures. Commissioner Sarnoff So the answer to my question is, "yes, " even though it may mean people would park in the residential neighborhood? Mr. Ehrlich: Yes, I think there have to be some of the -- you know (UNINTELLIGIBLE). Commissioner Sarnoff Residents just have to abide and live with the fact that they live so close to a commercial corridor? Mr. Ehrlich: No. I would hope that potential adaptive reuse or commercial tenants would only decide to rent in an area where there's sufficient parking to serve their customers and their employees, but I don't know how you can legislate common sense. Commissioner Sarnoff Apparently, we don't. Mr. Ehrlich: Thank you very much. Chair Gort: Thank you. Anyone else? Mallory Kauderer: Hello. Mallory Kauderer, chairperson, Little River Business District Board, and also president of the Downtown Little Haiti Stakeholders Association. We have before you a alteration in the language in the ordinance for item 14, and we'd like you to consider that. My co-chair of Little River Business District Board and co -director, Little Haiti Stakeholders, Bennett Pumo, engaged City staff requesting some alterations in the ordinance, and we don't feel that they were followed through, and that the present recommendations to change the ordinance as written rectdy the problem. Thank you. Chair Gort: Next. Marta Zayas: Marta Zayas, address exempt. I think that it's important that we do have adaptive uses, and I think that I have the same concerns that the Commissioner has; that we have to balance the adaptive uses with a burden in the residential areas, because, you know, we want to "adapt to; " we don't want to "impose on." So, I would really put forth that you continue to consider the burden that may be placed on the residents. Thank you. Chair Gort: Thank you. Anyone else? Anyone else? Seeing none, hearing none, close the public hearing. Commissioner Sarnoff Mr. Chair, can I just -- Chair Gort: Yes. Commissioner Sarnoff -- have a conversation with the -- City of Miami Page 115 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Chair Gort: Sure. Commissioner Sarnoff -- Planning director? So, Mr. Garcia, I -- there's nothing in my vernacular more cool than going to a good restaurant that's in a very old building, even possibly a historic building. And I want to do everything I can do to protect very old buildings which tend to have more space, which tend to have more feeling of openness than do some of the newer buildings going up. And I think, to some degree, when people eat -- and I think we primarily eat in leisure in the newer buildings, which I think, for efficiency reasons, are not quite the same that they were built in the '30s, '40s, and I'm going to leave it there, because like in the '50s, they started getting smaller. What -- which one of these four proposals should I be looking at that suits that purpose and has some modicum of protection for the residents that --? You know, Morningside is certainly my district. It's right across the street from Commissioner Hardemon's district. I have witnessed on a couple of occasions people parking to go to Soyka's in that residential neighborhood. I don't know think they bargained for that, and I don't think it's appropriate, so I don't want to add to it, but I am sort of a history -- or historian that wants to protect what is left of the history, and I think the only way to do it is adaptively redo it. So which one of these should I be looking at? Mr. Garcia: Thank you, sir. I am going to respond, and preface my response by telling you that I don't think in answering the way I'm about to I am biased, because I am going to recommend that you favorably look at the proposal we're submitting to you today, the Planning & Zoning Department's proposal, and here's why, because it does deserve an explanation, and some very good points have been raised. Two points, perhaps. I'll address the one that you brought up first, which is the perspective of trying to preserve historic structures, because they certainly add value to the character of our neighborhoods, and they are charming, perhaps, to an extent that more contemporary structures are not. And in furtherance of that, there are presently provisions in Chapter 23, the "Historic Preservation chapter of the City Code, that provide for the HEP (Historic & Environmental Protection) Board to grant such variances for parking, if properly justified, and they do on a somewhat regular basis; again, when merited. So, my response to your concern about preserving our historic structures is that there are opportunities or -- there is recourse through Chapter 23 of the City Code to obtain those variances. The variance, of course, would have to be calibrated to the need generated by the actual structure. So, I'm comfortable with that process as a recourse for the issue you bring up pertaining to historic structures. And then I will zoom out for a second and say that the intent of promoting adaptive reuses in Miami 21 has everything to do with being conscious of being able to recycle existing buildings and not discard them summarily simply because they've outlived their use. In some instances, buildings can be properly repurposed. And when that is feasible, that is sort of the environmentally sound way to proceed. There is, of course, a balance one has to strike with the unintended consequences or the adverse impact that the repurposing of some structures that are obsolete by virtue of their inability to provide sufficient parking, the impact that those structures could have on nearby residential areas. And so, the reason we've crafted the proposal that you have before you today the way we have is two fold: One, we do want to provide a buffer adjacent to low density residential areas -- residential neighborhoods. We think that is warranted and that is certainly an intent that is promoted by Miami 21. We're respectful of that. And on the other hand, clearly, buildings that have been designed for and are used for single-family residential or duplex residential purposes are very often not well suited to accept commercial- or office -related parking. That is why our proposal is calibrated the way it is. And last but not least, to address the concern that two other stakeholders brought up vis -a-vis, existing uses that are either industrial or commercial in nature: Because this section is intended only to address adaptive reuses, existing uses that are vested or grandfathered would not be affected by it at all. So any use that is vested or grand fathered in will either change from like use to like use, one tenant and then the next tenant would certainly be vested or grandfathered. There is no loophole there. I want to give them that assurance. And the only instance where this ordinance before you today would come into play is if the existing use is an office use occupying City of Miami Page 116 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 a structure that was originally built as a single-family residential structure, and there, the position that Mr. Cruz set forth would have us simply not recognize the vested character as pertains to parking of that structure and bring them in fully into compliance presently. We disagree. We think that if enough adjustments have been made to that single-family residential structure to bring it into compliance with the Zoning Ordinance that should entitle them to enjoy the vested use they have. Commissioner Sarnoff So, let me just extrapolate what you said and put it into practical terms. So, an existing structure right now that was originally a single-family house that has been converted to a law office and that lawyer is retiring, and he's going to sell to the younger associate in the firm, that use would be allowed and continued. Mr. Garcia: We would like for it to be; that's the way we have drafted it. Yes. Commissioner Sarnoff And that's the way you drafted it? Mr. Garcia: Yes, sir. Commissioner Sarnoff. So, in a manner of speaking, the use continues uninterruptedly? Mr. Garcia: Yes, sir. Commissioner Sarnoff All right. And if that law office were to sell to an Italian restaurant, under your new ordinance, and that restaurant was within 500 feet of a T3 transect zone, they would not be afforded any additional parking because they were originally built as a residential unit? Mr. Garcia: And the answer there is also "yes," with an explanation, ifI may, because I understand the concerns fully, and I've met with the neighbors about that a couple of times. Let me first clarify that that would not be the case if the existing use were, as I think was referred to by Mr. Cruz, a home occupation. A home occupation is a residential use, so I think he said a home office. I want to be specific because it matters. If it were a home occupation or a home office that is a residential use, that would not vest them as if they were an office use. Only if it were a dually authorized and certified office use under this Code or uninterruptedly dating back to the previous Code would they then be acknowledged to have complied with all the parking requirements pertaining to an office use, and only then would they be able to, yes, adaptively reuse that structure as a restaurant while either maintaining the level of parking that was assigned to it by the previous ordinance -- so when it was first originally approved -- or improving upon it, and always through the waiver process, which, by the way, allows us, on a case -by -case basis, to say to the applicant, "You have opportunities to provide additional parking, and we would expect you to do this here, here, or there." Or, if push comes to shove -- because we feel there will be an adverse impact -- we also have the ability to deny that waiver, and we've certainly done it in the past. Commissioner Sarnoff But moving forward with one last application to your example, if that use were to go from law office to an Italian restaurant, and that was built originally as a residence, your ordinance would preclude that should it fall within 500 feet of a T3 --? Mr. Garcia: No, it would not, because again, it would be, at present -- notwithstanding its original design or construction purposes, it would presently be recognized as an office use, a vested office use. So they've come into compliance fully with all the applicable requirements under the previous ordinance, which did not have an adaptive reuse component to it. They will have come into compliance with the requirements for parking for office uses, and therefore, they could actually make the change from office to commercial, as they have presently the same parking ratio. City of Miami Page 117 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Sarnoff So that law office under this ordinance could then become an Italian restaurant? Mr. Garcia: That is correct. And if it is proposed as an adaptive reuse, we would have the ability to review it through our waiver process. And if we found that there were adverse impacts, then we would likely then recommend denial or ask them to make provisions to complement whatever parking provisions they have. Commissioner Sarnoff So there's a provision in this ordinance, in your opinion, that gives you some discretion as to whether that restaurant use is compatible with the previous commercial office use? Mr. Garcia: It gives us discretion, and it gives any potentially impacted nearby property owners, or property owners generally, the ability to appeal, as well, which I think is important. Commissioner Sarnoff There would be an appellate right? Mr. Garcia: Yes, there is, which gives us great incentive to get it right the first time, sir. Chair Gort: Each of these application will not come back -- will have to come back to you in the Planning Department? Mr. Garcia: Yes, sir, it would. Again, I emphasize, when proposed as an adaptive reuse, that is correct, which is what this is intended to. And I'm saying that and claming that for purposes of those who have always the concern about grandfathered uses that would have to go through the process all over again. That's just not the case. Chair Gort: And my understanding is this is mostly in commercial corridors? Mr. Garcia: That's where it happens most often, yes. Chair Gort: All right. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: It seems to be, from what I've heard -- some of the problems that we're having is the 500 feet away from a T3 transect zone. So I've heard from different individuals that 500 feet maybe is too much for an area, because it would kill a lot of their development, because they would have to provide the required parking for those lots that meet that designation. And one thing I don't see here, and it made me just try to think outside of the box just a little bit, was what about for property owners that own acres of land that are all adjacent to each other that may fit within 500 of a T3 zone? So, say, if you are a new property owner and you're amassing lots of property to create some great project to increase the dynamic District 5 that we have today -- sorry, Sarnoff -- but to increase that -- to lively up that area, and as it presently stands with this that's being presented, they would run into a problem, correct? So, do you think that there is a way that you can consider if you own all of the land and these land -- these pieces of land are owned by, say, one corporation and they're contiguous in how they are set about within a certain area, could they be excused from that type of requirement? Mr. Garcia: I will first say that there are always exceptions, I suppose, but I think the rule I'm about to describe fits the bill and addresses your question effectively. Notwithstanding how large the assemblage of land may be, through platting requirements and maximum lot sizes, it is very City of Miami Page 118 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 likely that any component parcel within that large aggregation of land would be, at most -- even in the most dense and most intensive zoning designations, roughly 40,000 square feet, right? And so, even if the aggregation of land is significant, those which would be furthest away from the low density residential areas that are protected by the buffer would be eligible for these adaptive reuses; admittedly, those that were closest would not be. But it is also typically the case when you have large aggregations of land that you have every incentive as a developer to redevelop, and so it is very seldom that we find large aggregations of land seeking to go under adaptive reuses. They usually redevelop and, thus, come into compliance with present zoning ordinances. Commissioner Sarnoff One last -- Chair Gort: Yes, sir. Commissioner Sarnoff Could I legislate under Miami 21 -- if I'm within the 500-foot T3 zone, transect zone, and I want to go from office commercial to restaurant, could I preclude that use change? Mr. Garcia: Once can do just about anything that makes sense legislatively, and what you are proposing is that there is -- and others have proposed -- is that there is a distinction to be made between restaurant as a use and all the other commercial uses, and Miami 21 does not recognize or does not accept that distinction. It provides the same parking requirements to restaurant as it does to all other commercial uses. That is a national standard. It is not an aberration. And so we think that makes sense the way it is. But if you'll allow me a quick digression, I will also emphasize that the outdoor seating areas, which I believe Mr. Cruz pointed out, do not require parking, can only be approved through a warrant process, and through that warrant process, we are able to then look at, on a case -by -case basis, whether there is sufficient parking to indeed exempt them from providing additional parking. But if there shouldn't be sufficient parking as it is, we will not, through the warrant, allow them to exacerbate any existing parking deficiency. We will require that they come into compliance or provide additional parking. And again, I emphasize, that is subject to appeal. Commissioner Sarnoff Is it all right? Chair Gort: Yes, sir. Commissioner Sarnoff Miami 21, I happen to think, it's a good zoning code, but Miami 21 was a very good or great zoning code for a brand-new city. The problem with 21 is when it comes into conflict in certain transects -- you know, what the Morningside folks have brought up is one of those conflicts. And I've always was curious as to -- to me, one of the highest uses you can come up with is simply the in and out of either restauranting [sic], because it's every half hour to 45 minutes to an hour, you're going to have a change if you're a successful restaurant. What I've observed of commercial, even retail, I don't think it's the volume of people that I see. And I wonder if the proper tweak here is if you're within that 500 foot fringe of where 21 doesn't always work that well and somebody wants to go from that law office to that Italian restaurant, if we couldn't possibly preclude that; whereas, you're not taking somebody's property right, because the law office to the law office, you would say, continues in that use. But somebody says, "Well, you know what? I could sell this law office to this guy that's coming in, because he wants to put this" -- I don't know -- "30-seat restaurant," and that is a different use than a three person law office, and that's what creates pressure upon a commercial. That's what creates pressure -- the easiest place for me to understand this is Morningside, because right on their heels is the boulevard, and right to their back is the residential, you know, neighborhood. And as much as -- and in the abstract you want it to work -- in the practical, when you see it for yourself -- you know, ifI -- and three of those homes are pretty nice homes -- people are pretty consistently parking there that are going to Soyka's, and I don't want to exacerbate that problem. City of Miami Page 119 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 So what -- I think I was the maker -- I'm going to propose that within the 500-foot tran -- T3 transect zone, that a person should not be able to go from commercial office to commercial restaurant, because I think that is the exacerbation. Mr. Garcia: I think, more specifically, you are seeking to exempt conversions to restaurants from availing themselves from adaptive reuse through this particular section; is that correct? Commissioner Sarnoff Within the 500 feet. Mr. Garcia: Within the 500 feet. Commissioner Sarnoff Right. Mr. Garcia: Very well. You're certainly within -- Commissioner Sarnoff Okay. Mr. Garcia: -- your prerogative to do so. Chair Gort: That makes sense, because the amount of participant in an office is complete different from the participant in a restaurant, and the hours that they going to stay there. Mr. Garcia: Yes. I'll simply point out that the reason we although considered it, did not propose it to you is because we were mindful of the fact that that will, in many instances, in some of the commercial corridors throughout the City, preclude the ability from existing buildings that have already converted from single-family residence to office or commercial uses from converting to a restaurant. And we know of examples of restaurants which, if properly sized, can actually function well, provide the sort of intimate, charming setting that one would desire, and they are typically very neighborhood friendly. That said, I understand the concerns as well, and I'm happy to go with the wish of the Commission, of course. Commissioner Sarnoff You know, if that restaurant had demonstrated full use parking for their need to me, it would be okay, and I'm not trying to legislate them out of it. But to turn around and exempt them from that requirement, I don't think that's the right thing to do to those who came way before them versus those that now wish to -- and I understand they want to service them. That's a good thing for a residential community to have. There's nothing better than a good Italian restaurant, except a really good Cuban restaurant, right? Just kidding. So, you know, everybody wants a good restaurant within walking distance to their home, but I don't think it should be at the exacerbation of those that now -- it's doing so well that it pulls from the Beach, it pulls from other people, and now, all of a sudden, the residential component is paying for what they were able to exempt themselves from. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: With that said, is it possible to either withdraw it and bring it back differently or, if not, defer it? I just don't want to defer it just to, you know -- maybe withdraw it and bring it back at a later date, if you -- you know, with some of the changes, and maybe discussing it a little bit more, because I don't think right now it's -- Mr. Garcia: I don't disagree. We've received good feedback both from the public that spoke on the matter, as well from the Commission. And what we're happy to do is postpone or defer the second reading of the ordinance and bring it back to you with the language that we've heard you suggest; amend it for further consideration. City of Miami Page 120 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 PZ.15 14-01 304zt1 Commissioner Sarnoff. So then, I'll withdraw my motion and I'll do a motion to continue for the next Commission meeting. Commissioner Carollo: Second. Chair Gort: There's a motion; there's a second. Mr. Garcia: Thank you, sir. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Okay, where did we left off? Commissioner Carollo: I think we have PZ 11 or 12. PZ.11. Chair Gort: That's it. Commissioner Carollo: No, PZ.12, I'm sorry. PZ.12 and 13. Mr. Hannon: Chair, just so you know, PZ.16 and PZ.17 were time certain for 4 p.m. Chair Gort: Yes. (UNINTELLIGIBLE). Mr. Garcia: Should we proceed with PZ.16, sir? Chair Gort: It's time certain that was requested by the Commissioner. Mr. Garcia: Oh, I see. Chair Gort: The Vice Chairman. Mr. Hannon: Since the Vice Chairman isn't here, would you like to move on to PZ.15? That's just one item. Commissioner Sarnoff. What are we on? PZ (Planning & Zoning) what? What are we on? ORDINANCE 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 City of Miami Page 121 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on March 24, 2015, by an 8-0 vote. 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. Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon Note for the Record: Item PZ.15 was deferred to the July 9, 2015 Regular Commission Meeting. Francisco Garcia (Director, Planning & Zoning): Through the Chair, PZ.15? Chair Gort: Go ahead. Mr. Garcia: Thank you, sir. Item PZ.15 is an amendment to the Zoning Ordinance; before you on second reading. And this one, in particular, is to clam -- Vice Chair Hardemon: May I interrupt for a moment, please? Mr. Garcia: My apologies. Vice Chair Hardemon: May I interrupt? Chair Gort: Yes, go ahead. Vice Chair Hardemon: Are we doing -- did you call PZ.16 or 17? Chair Gort: Sixteen and seventeen is time certain for 4 o'clock. Vice Chair Hardemon: Four o' clock. So are we doing that one now? Chair Gort: You want to do it now? Yes. Vice Chair Hardemon: What I'm -- I know, if it's time certain for 4, we can handle 11 and 12 first, and then anything after the 4, we could just take care of right? Is that okay? Chair Gort: That's fine. Commissioner Carollo: I just want to move it on. I just -- Vice Chair Hardemon: No, no, I understand. No, no. I'm just saying, basically, 11, 12 -- Commissioner Carollo: I just don't want a lot of back and forth. I want to move it on. Chair Gort: Eleven and 12. Vice Chair Hardemon: Maybe you want to -- there may be some other Commissioners that might City of Miami Page 122 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 want to participate in this beautiful journey that we have ahead of us. Chair Gort: What's next? PZ 15, right? Mr. Garcia: We had started to discuss PZ.15. Should I go ahead with that? Vice Chair Hardemon: Oh, that was PZ 15? Oh, no. Do 15. Chair Gort: Go ahead. Mr. Garcia: PZ.15. Thank you, sir. I'll start again. Briefly, PZ 15 is before you on second reading. This is an amendment to Miami 21, the Zoning Ordinance, and this is an amendment to Article VII, Section 726, regarding nonconforming uses to clar -- although, we feel it's already clearly set forth in the Zoning Ordinance -- nevertheless, to clarJ that nonconforming uses and their tolling period of 20 years, otherwise known as the "Sunset Clause," commence the toll at that point in time in which the regulations change to make it nonconforming. The language is intended to clarify that technicality. And with that, I'm happy to answer any questions you may have. Chair Gort: Okay, it's a public hearing. Is anyone in the public would like to address PZ.15? Anyone in the public, PZ.15? Seeing none, hearing none, close the public hearings. Commissioners, it's first reading. Commissioner Sarnoff I'll move it. Chair Gort: Been moved by Commissioner Sarnoff -- Commissioner Carollo: Second. Chair Gort: -- second by -- Commissioner Carollo: Second for discussion. Chair Gort: -- Commissioner Carollo. Discussion. Mr. Garcia: Sir, just for the record, it's before you on second reading. I may have misheard you say 'first reading." It's second reading. Commissioner Carollo: I have PZ.15 here -- Chair Gort: PZ 15? Commissioner Carollo: -- and it clearly -- Mr. Garcia: Yes, sir. Commissioner Carollo: -- stipulates first reading. I have PZ.15 -- and I'm going on the agenda -- and it clearly stipulates first reading. I'll tell you what, why don't we defer this to the next Commission meeting also, and then get into the ones that all these people are here for. Mr. Garcia: Happy to do so, sir. There is no urgency. Commissioner Carollo: Will you withdraw your motion, Commissioner Sarnoff? Commissioner Sarnoff Yes. I'm sorry. I withdraw it, and I move to have it continued to the next City of Miami Page 123 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commission meeting. 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.16 ORDINANCE 15-00759zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES;" MORE PARTICULARLY BY AMENDING DIVISION 7, ENTITLED, "OMNI MEDIA TOWER REGULATIONS "; TO PROVIDE SUCH REGULATIONS ARE ALSO APPLICABLE TO THE SOUTHEAST OVERTOWN PARK WEST AREA; FURTHER PROVIDING FOR APPROVAL OF ANY MEDIA TOWER BY THE CITY COMMISSION; MAKING CERTAIN OTHER CLARIFYING TECHNICAL CHANGES AS PROVIDED HEREIN; ADDING DEFINITIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00759zt FR Fact Sheet.pdf 15-00759zt Legislation (v2).pdf 15-00759zt-Submittal-Diana Umpierre-Letter of Opposition.pdf 15-00759zt-Submittal-Dusty Melton -Sign Code of Miami -Dade County.pdf 15-00759zt-Submittal-Dusty Melton -Sign Code of the City of Miami.pdf 15-00759zt-Submittal-Elvis Cruz -Miami 21 Article 4 Table 12 Design Review Criteria.pdf 15-00759zt-Submittal-Nathan Kurland -Pope Francis Quote.pdf 15-00759zt-Submittal-Peter Ehrlich -Opposition of PZ.16 and Support of PZ.17.pdf 15-00759zt-Submittal-Tony Recio-Composite Exhibit.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 denial on June 23, 2015, by an 7-1 vote. PURPOSE: This will amend Chapter 62, Article 13, Division 7 of the Code of the City of Miami to provide that certain regulations are also applicable to the Southeast Overtown Park West Area. Motion by Vice Chair Hardemon, 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 City of Miami Page 12a Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Note for the Record: Please see Item PZ.17 for minutes referencing Item PZ.16. Commissioner Sarnoff And now we're giving the floor over to Commissioner Suarez, and he's making a motion on 16. Commissioner Suarez: Yes. Commissioner Carollo: Mr. Chairman. Commissioner Suarez: To -- Chair Gort: Yes, sir. Commissioner Suarez: -- deny 16. Commissioner Carollo: Real quick. Now, under Mason's Rule, we can do this; however, you know, past practice, we have never done this. Commissioner Sarnoff Never tabled a pending motion? Commissioner Carollo: Not since I've been here. Commissioner Sarnoff You see it as a -- if you see it as a problem -- Commissioner Suarez: He just -- Commissioner Sarnoff -- I withdraw it. Commissioner Carollo: What I'm seeing is precedence. Commissioner Sarnoff Okay. Commissioner Carollo: Are we going to start doing this? I could tell you Mason allows for it. Now, my -- the whole time I've been here, we have never done that. So I prefer just to withdraw 17 and then take it by order; go to 16 and then -- Commissioner Suarez: Yeah, that's fine. Let's do that. Chair Gort: The maker of the motion -- Commissioner Sarnoff I withdraw my motion on PZ.16. Commissioner Carollo: I withdraw that. Chair Gort: Okay, second the motion -- Commissioner Suarez: Okay, I'll make a motion -- Chair Gort: Okay, motion to -- Commissioner Suarez: -- to deny PZ.16. Todd B. Hannon (City Clerk): Commissioners. Chair Gort: Yes, sir. City of Miami Page 125 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Hannon: Please, just a moment. So the -- Commissioner Sarnoff has withdrawn his motion Commissioner Carollo: Yes. Mr. Hannon: -- for item PZ.17. Commissioner Suarez: Correct. Chair Gort: Correct. Mr. Hannon: So you're now going to table PZ.17. Commissioner Suarez: Right. Commissioner Carollo: No. It's withdrawn. Mr. Hannon: No, no. Then if -- you want to withdraw PZ.17? Commissioner Sarnoff No, no, no. We're -- Commissioner Suarez: No. Commissioner Sarnoff I withdrew my motion to approve PZ.17. Commissioner Carollo: Withdrew the motion. Commissioner Suarez: Right. Mr. Hannon: Right. So PZ 17 is still in play -- Commissioner Carollo: Right. Mr. Hannon: -- and now, you want to table it -- Commissioner Suarez: Right. Mr. Hannon: -- so we can address PZ.16. Commissioner Suarez: Andl move to deny PZ.16. Commissioner Carollo: And second. Mr. Hannon: Before -- do you really need to deny it, or would the Commission simply withdraw it; is that also sufficient? Commissioner Suarez: No, we need to deny -- we need to -- Vice Chair Hardemon: I would say this -- Ms. Mendez: Well, it -- Commissioner Suarez: Actually, you're right; withdraw is fine. City of Miami Page 126 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Ms. Mendez: -- who placed it on the agenda? Was it the Manager's office? Because it could be withdrawn and then that could be -- Mr. Hannon: And it goes away -- Ms. Mendez: -- you know, voted on. Commissioner Suarez: Fine. Mr. Hannon: -- forever, as well. Commissioner Suarez: That's fine. Mr. Hannon: So it's the will of the Commission. Ms. Mendez: Right. Commissioner Sarnoff Well -- Ms. Mendez: Do you allow the Administration to withdraw the item? Vice Chair Hardemon: I move to disapprove. Commissioner Suarez: That's fine. Commissioner Carollo: Second. Commissioner Suarez: Second. Mr. Garcia: And ifI may for the record, please, because item PZ.16, although originally scheduled to be heard before PZ.17, was specifically not presented to you. What was presented to you for consideration was PZ.17, so if action is going to be taken on PZ.16, we should at least introduce it on the record. I apologize for the informality. Vice Chair Hardemon: Let's hurry up and vote before the Manager comes down. Roll call vote. Call the question. Commissioner Carollo: Call the question. Chair Gort: Call the question. Ms. Mendez: Okay. And just to be clear, the public hearing that was taken was both for -- and we said it -- Vice Chair Hardemon: I'm stalling now. Ms. Mendez: -- PZ.16 and 17. Vice Chair Hardemon: I'm stalling now. Commissioner Carollo: And the motion is -- move to deny. Commissioner Suarez: Yes. Mr. Hannon: Again, just so we're all on the same page, we're on -- we are currently on item City of Miami Page 127 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 PZ 16. There's a motion to deny with a second, and if the Chair would like to call the question, he may do so. Ms. Mendez: The ordinance? Mr. Hannon: It's being denied so -- Ms. Mendez: Okay, that's fine. Mr. Hannon: -- it's not necessary. Ms. Mendez: So Chapter 62.1, just to be clear for the record. Chair Gort: All in favor, state it by saying "yes." The Commission (Collectively): Aye. Commissioner Suarez: Isn't there a roll call? Mr. Hannon: No, that's only if we were going to approve the ordinance. Commissioner Sarnoff. No, no, not on a denial. On a denial, you can do it plurality, right. Commissioner Suarez: Move to deny. PZ.17 ORDINANCE 15-00778zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, "DEFINITIONS" AND AMENDING ARTICLE 6, "SUPPLEMENTAL REGULATIONS", SPECIFICALLY DELETING, STRIKING, AND REPEALING SECTION 6.5 ENTITLED "MEDIA TOWER"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00778zt-Submittal-Nathan Kurtland-Encyclical Letter of the Holy Father Francis.pdf 15-00778zt SR Fact Sheet.pdf 15-00778zt PZAB Reso.pdf 15-00778zt Legislation (v3).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 June 23, 2015, by an 8-0 vote. PURPOSE: This will amend the zoning ordinance by specifically deleting, striking and repealing section 6.5 entitled, "Media Tower". Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. City of Miami Page 128 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Noes: 1 - Commissioner(s) Hardemon Note for the Record: Please see Item PZ.16 for minutes referencing Item PZ.17. Chair Gort: PZ 16. You ready? Vice Chair Hardemon: Can we do 17 first? Chair Gort: Beg your pardon? Vice Chair Hardemon: Can we do 17 first? Chair Gort: Seventeen first? No problem. PZ.17. Francisco Garcia (Director, Planning & Zoning): PZ.17, sir? Very well. I would like to suggest -- and I know that the Commissioners are already aware -- PZ.17 and PZ 16 are closely related. I received instructions from the Chair to read P.17 [sic] first, and I will do so. Item PZ.17 is an amendment to Miami 21; in particular, the section of Miami 21, Section 6.5, which is entitled "Media Tower," and seeks to provide regulations for the implementation of media towers in the Southeast Overtown/Park West CRA (Community Redevelopment Agency) area. This proposal is to remove that language from the zoning ordinance in this particular amendment, and I'll simply describe -- the ultimate intent of the amendment is to recaption those regulations in the City Code in that part. The recaptioning of the regulations in the City Code in a modified fashion is the item proposed to you as PZ.16. Our recommendation is for approval. The PZAB (Planning, Zoning & Appeals Board) yesterday -- I'm sorry; Tuesday, as a matter of fact -- recommended approval of this particular proposal. And I anticipate you'll have questions, so I'll answer any questions you may have. Chair Gort: Thank you. Vice Chair Hardemon: (UNINTELLIGIBLE) public hearing. Chair Gort: It's a public hearing, so I understand it's a few individuals, Mr. Clerk. Vice Chair Hardemon: And, Mr. Clerk, to clar, the -- PZ.16 and 17 are open together, right? Victoria Mendez (City Attorney): Yes, the public hearing could be together; the vote, separate. Vice Chair Hardemon: Yes. Ms. Mendez: Thank you. Todd B. Hannon (City Clerk): First three speakers: Nathan Kurland, Eston [sic] Melton, Peter Ehrlich. Nathan Kurland: Nathan Kurland, 3132 Day Avenue. Members of the Commission, ladies and gentlemen in the auditorium, the evening news anchor begins the program "Good evening, " and then proceeds to tell you why it isn't, so good afternoon. For years, this Commission have ignored our calls for leadership on visual pollution issues. As a group, you have chosen to ignore safety issues involved with intermittent message LED (light -emitting diodes) billboards, defying County, State, and Federal law. As a group, you have ignored the impact of this amount of light will have on the surrounding community, most recently approving the 100-story bungee jump known as SkyRise, and now a 60-story advertising tower. As a group, you've allowed our City Hall, the MRC (Miami Riverside Center) Building to truly reflect Miami's global brand by turning it into an advertising platform for beer, condo development, and presently clocks. What City of Miami Page 129 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 good is a shoe if you don't have a sole? As a group, you're about to approve a project conceived in secrecy and monstrous in scale. And while I'm on the subject of metaphor, I'd like to give you a quote. This quote is by someone no less than Pope Francis in his encyclical of the past two weeks, in which he says, "We are conscious of the disproportionate and unruly growth of many cities, which have become unhealthy to live in, not only because of pollution caused by toxic emissions, but also as a result of urban chaos, poor transportation, and visual pollution." Pope Francis is talking about visual pollution. We are talking about visual pollution right here. I strongly urge you to vote "yea" on PZ.17, which will eliminate media towers completely, those oversized, steroid -jumped LED billboards; nothing more again. The use of the words "innovative" and "iconic, " when talking about an advertising billboard is almost ludicrous. Can you image, ladies and gentlemen, if Bill Talbert came before you, who's head of the Greater Miami Tourist and Convention Bureau, and he said, "Ladies and gentlemen, we've come up with a new ad platform. Come swim in our turquoise waters, play on our white -sand beaches, and look at our over -sized LED billboard advertising." Can you imagine the stampede to get on planes to come down here and look at our advertising? On PZ.16, I urge you to say "nay." We don't need to put language from Miami 21 into coding it into Section 62. We need for these media towers to disappear. Thank you. Chair Gort: Thank you, sir. Next. Dusty Melton: Mr. Mayor, Commissioners, Mr. Zoning Director, Madam City Attorney. For the record, my name is Dusty Melton. I live at 3430 Poinciana Avenue in Coconut Grove. Commissioner Sarnoff (UNINTELLIGIBLE). Mr. Melton: It's been about five years since I've stood here to give a bit of a sign tutorial, and so I thought it would be good to come down today and provide you all a quick refresher. I've put on the record a complete copy of a freshly printed Sign Code of Miami -Dade County with the Clerk, as well as the handouts that were just distributed, and I'll use the handouts to guide my brief presentation to you today. As everyone knows, in 1985, when the County Commission adopted its Sign Code rewrite, it made the law applicable to municipalities, as well, under its home rule Charter powers. So the Sign Code of Dade County sets the minimum standards throughout the county, including cities. Cities may be more stringent in their Sign Code regulations. Miami Beach, for example, does not allow billboards. But municipalities may not be more lenient than the minimum standards, rules and regulations in the County's Sign Code. That was page 1; it applies to this City. It's important also to remember that if a particular kind of sign, such as a media tower, which is very well defined in the Miami City Code, is not defined in the County Sign Code, then by lack of definition, that type of sign is illegal. Let's go back to 2004-2005 when 50 murals popped up on downtown buildings. What did the City do? It passed a resolution asking the County Commission to change the Sign Code to allow murals -- to make murals, which were not in the Sign Code then, legal so that the City could have a mural system. Media towers are the new murals. They -- "media tower, " those words do not exist in the County Sign Code; and by lack of definition, media towers are illegal throughout the County, including the City of Miami. Notwithstanding what has been said previously by -- could I ask for a little latitude, Mr. Chairman? Chair Gort: See if somebody else, they're going to give you two minutes. Mr. Melton: Thank you for your time and attention today. I appreciate it. Chair Gort: Yeah; it's very easy. Mr. Melton: As my district Commissioner, thank you very much, Commissioner Sarnoff. Commissioner Sarnoff And I've been through this lecture before. City of Miami Page 130 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Melton: It's painful, I know. Notwithstanding prior opinions expressed by the City's Law Department, the City of Miami has not opted out of the County Sign Code; that's page 3. The County has -- the City has opted out of only Division 5. There are seven divisions of the County Sign Code. The City has opted out only of -- out of Division 5, which speaks to spacing of signs along expressways, and that is very clear, and it's made most clear by the brilliant Mayor of Miami, Tomas Regalado, in his July 2010 email when we were contemplating the Mark Siff n Media Tower in this hallowed chamber. And the Mayor wrote to a constituent: "In order to do this project, the media tower, according to the Law Department, the County Commission must approve a new ordinance, because there is nothing in the books that regulates this kind of advertisement. Even if the City supports this, it cannot do it alone." Spot on, Mr. Mayor; absolutely correct, sir. The next document is a relatively recent opinion from County Attorney Bob Cuevas, and if you read it later at your leisure, or the highlighted sections now, I'm going to say this with all due respect to the City Attorneys Office. What I'm telling you today and what I've told you before is accurate and correct, and anyone who says otherwise is wrong. So, as I said media towers today, those words being missing in the County Sign Code, are the new murals that this City grappled with back in 2004/2005. This is your consent agenda item from 2006, asking the County to change the Sign Code to make murals legal. If you want to have media towers legal in the City of Miami, if that's your desire, you have to go to County Hall and ask permission first. Thank you very much, and again, Commissioner Sarnoff, for the extra time. Chair Gort: Thank you. Next. They'll distribute it for you. Peter Ehrlich: Good afternoon. Peter Ehrlich, at 395 Northeast 59th Street; I have a handout, a three page handout for you. And I'm here specifically to talk about PZ.17, which we hope you will approve; and PZ.16, which we hope you will deny. As the Planning Administrator mentioned, on Tuesday night, the Planning, Zoning & Appeals Board voted 7-1 to deny PZ.16; and they voted 8-0 to approve PZ.17. We hope you'll vote the same and confirm the voting from the Planning, Zoning & Appeals Board. We have a list of at least 26 reasons why you should vote "no" on PZ.16. Just a few of them -- and you've heard from Nathan Kurland, Dusty Melton already. Media towers should have never been included in the 11000 Code. The piecemeal move of the media tower into Miami 21 in 2009 -- that's the last item in Article 6 -- did not include all of the language from media tower in the 11000. Some of the language was oddly deleted. Number three: The public was unaware promoters could exploit the media tower loophole to propose 500 to 633-foot-tall LED billboard towers. Looking at Number 24 on my list of reasons not -- to vote "no" on PZ.16: The PZAB (Planning, Zoning & Appeals Board) Board will not hear items -- issue in the future if you were to vote "yes." We very much hope you'll vote "no" on PZ.16. Thank you very much. Chair Gort: Thank you, sir. Next. Mr. Hannon: Next three speakers: Clarence Woods, Neil Shiver, and Irby McKnight. Clarence Woods: Good afternoon, Commissioners. Clarence Woods. I'm the executive director of the Southeast Overtown/Park West Community Redevelopment Agency, and I'm here to voice my support for the Innovation Tower or District. This morning, this Commission voted in favor of support for a program ran by Ms. Susan Amat, and that was under the guise of providing access for young people, for kids, into technology. That support, I believe, and I think you guys believe, as well, is well deserved, because kids in these underserved areas need programs like the technology program that Ms. Amat is running. This Innovation District, I believe, is some -- is basically similar, because it's going to provide technology; it's going to provide support or resources that we can continue to provide programs like the one Ms. Amat is running. And we definitely need that in the Overtown area, in the redevelopment area. And we think that this is a great start. It's a -- it can be a world -class Innovation District, and we support it. Chair Gort: Thank you. Next. City of Miami Page 131 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Neil Shiver: Thank you. Good afternoon, Commissioners. Neil Shiver, assistant director of the Southeast Overtown/Park West CRA. Pursuant to and under Miami 21, particularly Section 6.5, the CRA (Community Redevelopment Agency) was directed to and have entered into an agreement on behalf of the residents of Overtown, and we think this agreement that we have entered into and that has been actually recorded is one of the best agreements for the residents of Overtown that we've ever negotiated. This agreement calls for close to $5 million, just at the time a building permit is issued; it calls for jobs, job training, job placement; and I can go on, and on and on. But we have that agreement before this Board Monday night at the CRA Board meeting. My question, my concern is, if, indeed, this item is passed, then what happens to that community benefits agreement that's been negotiated on behalf of the residents of the redevelopment area -- which means residents of Overtown, because, as you know, there are not any or many residents within the Park West area? And then what happens to that wonderful, great job -generating, job training? In that agreement, we also get three percent gross, guaranteed; a million dollars for the residents of Overtown. So the question, I think, is a legal question more so than a political question, is: That agreement has been negotiated pursuant to Miami 21. This media tower is also -- has been identified in our redevelopment plan, and we've -- all we've done, Commissioners, is carried out this Board's wishes, and my question to you is: What happens to those benefits to those residents? Chair Gort: Thank you, sir. Next. Irby McKnight: Good evening. I'm Irby McKnight, 1600 Northwest 3rdAvenue. I am here to speak on behalf of this media tower; the reason being, you didn't come with hat in hand. You didn't ask for the TIF (Tax Increment Fund). You didn't ask for infrastructure improvement. You didn't ask for anything. You're saying, "We will give you, " and we need it. So I ask that you look deep down and see what you can do to make this a reality. And when I say, "a reality," I mean a lot of things are given to Overtown. There are a lot of people who get monies in the name of Overtown. But the people who live there have no clue who these people are, or what it is they say they are doing, because they really just walk away with the money. Well, here's a group of people that's saying, "Don't call me a thief. I'm not asking for anything. I'm going to give you something." And I am saying: Of that gift, let us make it change the quality of life for the people of Overtown in a positive manner. This could actually be done if it's done right. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Next three speakers -- oh, Mr. Mayor. Chair Gort: You're recognized. Mayor Tomas Regalado: Thank you. Thank you very much. I just want to comment on the two items before you today, and as I said this morning, when I asked to -- the Commission to -- for permission to withdraw an item, and my idea of how to proceed moving forward is for the Commission to do what the PZAB did, which is approve PZ. 17 and maybe withdraw PZ.16, because one contradict the other. And I think that it's important that it's -- that the people understand that this is not about taking away any benefits from the residents of Overtown. This is a citywide issue. This is not an issue of only -- that impact one area. This is a citywide issue, and whatever happen in the court system or in the process, whatever process is done or not gets done, and that will be for the attorneys. But I think that moving forward, what is important is that the Commission sends the message that at least not until we know what is a media tower -- because we don't know -- we should move forward with the first reading of PZ.I7, which sends a message to all the residents in terms of future uses or present uses. And defer or withdraw PZ.17 [sic]; just wanted to say that. Thanks. City of Miami Page 132 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Chair Gort: Thank you, Mr. Mayor. Next. Mr. Hannon: Next three speakers: Grace Solares, Edduard Prince, Michael Simkins. Grace Solares: Good afternoon. Grace Solares, 60 Southwest 30th Road. I request that this Commission ratifies the votes of the PZAB on both 16 and 17, but I would be remiss not to mention I am -- I've been here throughout the many, many years -- probably the last 20 years -- on many, many issues; sometimes to call your attention to the fact that you may be violating the Charter, you may be violating the Code. Article 4, Table 12, Design Review Criteria, tells you, under Sign Standards, before granting the permit that you must -- the signage shall be located below 50-foot height limit along the building primary frontage; Two: The illumination and other lighting effects shall not create a nuisance to adjacent property or create a traffic hazard. Three: Orient outdoor lightning [sic] to minimize glare to the public realm and adjacent properties. And four: Protect residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts -- and this is the most important -- spillover effect of light. This particular tower, it is a monster, and the spillover effect will be incredible to the people living around it. And just to address one second Mr. Shiver's statement that if this tower is not built, nothing will be built. Well, Mr. Simkins has the plans of building office buildings, condo towers and many other things. And if he really is a good man, and if he really wishes to give you the million dollars to the poor people in Overtown, he can afford to give it without having his tower and having his office buildings and his condos. Thank you. Chair Gort: Thank you, ma'am. Next. Edduard Prince: Edduard Prince, Overtown Advisory Board, 1704 Northwest 1st Street. It's kind of hard to follow behind Grace. She -- but as far as we see this project, it's a good project for the people of Overtown. Michael Simkins, he met with us several times and he expressed concern for the development of the people in Overtown. And if there's any legality involved, you all have to work that out. Chair Gort: Thank you, sir. Next. Michael Simkins: Commissioners, my name is Michael Simkins. Thank you very much for having this hearing today and hearing this; and thank you very much, Mr. Mayor. I'm here with -- three of my siblings are in the audience, too. And we are the owners of the property and owner of the properties of the Innovation District. Our family's been in Miami for the last 65 years, and there's no private equity, or multinational corporations, or hedge funds behind this. This is a homegrown family that is proposing this development. We all love and care for this City as much as anyone in this room. When we purchased this property three years ago and we looked at what we should do with the property, of course, one of the first things we did was look at what the City's master plan for Park West and Overtown was. When we studied that plan, we noticed that in the exact spot that we bought the property, the City's master plan designated that it should be the spot of a media tower. We didn't know what a media tower was, so we researched the statute. And in 6.5.1 of the Miami Statute, there is a provision that provides for a media tower. Now, we did not go out and design something cheap and that could be the most internal rate of return, the highest revenue -generating thing. Rather, we had a design competition and looked for a world renowned architect to create a true icon for the City of Miami; something that would redefine our skyline and be a symbol of progress of the City, and the future. Miami is one of the great metropolises of the 21st Century. We followed the letter of the law to the "T." We spent a year designing the tower. We went and got a dry -run approval that the structure could be built. We then got FAA (Federal Aviation Administration) approval. We proceeded for a year in good faith Chair Gort: By the way, the Commission allow you two additional minutes. Go ahead. City of Miami Page 133 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Simkins: Pardon me, I didn't hear you, Mr. Chairperson. Chair Gort: I said the Commission allow you two additional minutes if you want it. Mr. Simkins: Oh, thank you very much. So we negotiated with the CRA for a year and came to terms on an agreement. Now, this tower is one part of a bigger project. This is part of the Innovation District in Miami. And for those of you who aren't in real estate, developing residential buildings is a lot less risk and potentially higher reward. To do a drastic office development which no one in the history of Miami has ever proposed this, there needs to be a revenue generator. Well, the great Arthur Teele imagined this in 2001. And the Mayor, who was a Commissioner at the time, agreed with him and voted for the media tower provision. Commissioners, we are implementing the City's plan in the exact spot that the City did, and it is going to provide $5 million to the residents of Overtown. It's going to provide jobs, job training, and it's going to be a real opportunity for one of the poorest parts of Miami -Dade County to really be part of revitalization, because in 2010, we were in a financial crisis, but in 2015, Overtown is still in a financial crisis. So, Commissioners, please allow this tower to go forward. Thank you. Chair Gort: Thank you. Applause. Chair Gort: Hold it, hold it, hold it. Let me tell you, you do that, we going to stay here all night. If you want it, instead of applaud, just shake your hands, and we can go on; we can stick to the business, okay? Got it? Just saying, okay? Next. Mr. Hannon: Next three speakers: Diana Umpierre, David Wilson, and Eric Knowles. Diana Umpierre: Hello, how are you? Hi. My name is Diana Umpierre. I'm a certified planner, a geographer, an environmental scientist, a resident of South Florida, and a volunteer board member with the International Dark -Sky Association, that for over 25 years have been addressing the need to protect the night environment. IDA (International Dark -Sky Association) accomplishes this by working closely with officials like you, planners, architects and others to ensure that public policies incorporate environmentally responsible lighting best practices. I'm here to implore you to repeal the media tower, which is a damaging zoning policy, because it affects people, it encourages energy waste and it endangers wildlife and the many species that use this corridor by air and sea. If today you choose to ignore this, then I implore you to at least fix your zoning to provide protections that are truly measurable, enforceable, consistent with better practices. Your zoning provides no protection. It allows cumulative environmental effects to compound by only limiting light trespass relative to ambient levels. That basically means that as your ambient light goes up, you're allowing them increase brightness of these LED displays; more light pollution, more light pollution. Also, your candle -- you know, your foot candle allowances are much brighter than it is in other ordinances across the U.S. (United States). To address this, I recommend that you define different allowable brightness levels for day and night. For instance, in Pittsburgh, the day max is 2,500 (UNINTELLIGIBLE) and at night, it is 10 times less. Define curfews, such as times of the night to turn off the displays and during bird sea migratory seasons to reduce tide glow and wildlife attraction to urban landscape, such as birds -- may I allow one more minute? Thank you. Chair Gort: Somebody yielded two minutes to you. Ms. Umpierre: Okay, may I continue? Chair Gort: Yes. City of Miami Page 134 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Ms. Umpierre: Thank you sir. Okay. Chair Gort: He yelled two minutes for you. Ms. Umpierre: Thank you. Okay. Define -- again, I explained curfews, which are really important, and it is a best practice. Even New York City, the city that supposedly never sleeps, is already implementing curfews. Increase the dwell time when images do not change. Six seconds is fast; too dangerously distracting to most people. And in Pittsburgh, again, the dwell time is 30 seconds. That's the time when images don't change. I also recommend that you create an outdoor lighting advisory board to examine what else in your Code can be made better. I honestly believe that the people and the visitors to Miami, they don't want brightly lit, illuminated commercials over the Miami skyline. But if you choose to ignore this, then I'll recommend spend time fixing the Code. I'm leaving you examples, you know, in the handout, of better ordinances that are way better than yours. They put -- mitigate environmental impacts and reduce light trespass, glaring sky glow. So I'm recommending for you today is to do what's right, not just what's legal. I'm not voting against the other elements of the zoning -- you know -- the Innovation District. There are a lot of wonderful things. As a planner, I think they're great. It is only the tower that I'm recommending that you oppose. Please vote "no" to PZ.16 and vote "yes" to PZ 17. Thank you so much. Chair Gort: Thank you. Next. David Wilson: Good afternoon. My name is David Wilson, 1717 North Bayshore Drive, and I'm senior director for the Innovation Miami. You know, I've heard, you know, some people say they're smarter than the City Attorney and you all, because this is something that has been voted on. In fact, it was discussed last year, for 2015, with respect to the ordinance, and each time, through Miami 21, this ordinance was never amended. And it wasn't amended because there was a real purpose. Arthur Teele, and other Commissioners who came before you all, saw the importance of creating something that was going to benefit Overtown. In addition, back when the media tower really was discussed in the early 1980s, they talked about developing an iconic space. We have no space in this community that allow everybody to come together in one particular space, and that's what this space is all about. But, you know, even bigger than that, this is about the next 20 years; this is about our children. You ask my mother. You ask "abuela" what she's interested in. Will her grandchild have a job? And that's the big problem. When I hear that a kid coming out of the University of Miami making 26,000 a year, that's not sustainable, not in this community. And we've talked about becoming a world -class community. I served for 15 years as the treasurer for the Arsht Center; on that board for 19. That was one of the visions that leaders like you all implemented, you know, and we talked about the Museum Park. That was another vision that came from leaders like you all. Now, you have an opportunity to vote on something that's going to now move us to the next level in terms of creating jobs. We have not recovered from the loss of Eastern Airlines, Pan American Airlines, Knight Ridder, Southeast Bank. Those were companies that hired people. That's where I started my first job, at Southeast Bank. They don't exist anymore. So here's an opportunity for us to redefine what Miami will be over the next 20 years, so that when your kids -- because it's not about us older folk in here. It's about these young people and what they want, and what they're going to see. And if you can close your eyes and imagine what the skyline of Miami's going to look like in the next 20 years. I remember when the most interesting thing on the boulevard was the Coppertone sign. Now, we're talking about doing something that's iconic, something that redefines Miami, so that when they say Miami, Paris, London, Singapore, Tokyo, Miami. So I hope that we understand that this is a bigger picture; it's just not about a billboard. Chair Gort: I need for you to conclude. Mr. Wilson: Thank you, Chairman. City of Miami Page 135 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Chair Gort: Thank you, sir. Next. Eric Knowles: Good afternoon, Commissioners, Mr. Chairman. Eric Knowles, Miami -Dade Chamber, 100 South Biscayne Boulevard. Miami, the magic city; is that true, or are we becoming a city of a bag of tricks; now you see it, now you don't? Mr. Teele, in his wisdom, put forth this opportunity that we stand before today and we speak about. Mr. Simkins, he put his money where his mouth is. We have many developers that have come before you who have asked for your dollars, who have asked for tax dollars. This gentleman is coming before us and putting $5 million into Overtown; a community that needs to be a part of the magic city that we speak about; a community that needs to be a part of this world -class city that we speak about; a community that needs to be a part ofBrickell Avenue, a part of Miami World Centre. We need to step up. We need to approve this. We need to move forward. Let's not be a city that wished that it could or a city that wished that it could have stepped up when it was time to step up. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Next three speakers: Kue [sic] De Gori, Armand David and Adam Gould. Ken De Gore: Good afternoon, Commissioners. Ken De Gori. I'm the operating partner for Ell even Miami and Touche Miami, located at 29 Northeast ll th Street in downtown. Commissioners, I'm not going to bore you today with a bunch of facts and figures regarding the benefits of the Innovation Tower and District, much about which I'm sure you've heard already, ad museum. I'm not here to talk about the tens of millions of dollars in tax revenue, nor throw out visions of millions of dollars of direct benefit to the Overtown community, as well as surrounding communities. I won't repeat the chant of 13, 000 plus sustainable jobs so desperately needed in those communities or any of that stuff. So why am I here? Commissioners, I'm here representing myself my partners, and our nearly 300 employees to let you know that, despite the eventual benefit the Innovation Tower and District will have on us seven years hence, we're also well aware of the uncomfortable, inconvenient, and just plain dusty, disruptive time ahead we face during construction; and we're not only aware of it, but we're also prepared for it, because we know, as we're sure you know, "uncomfortable" is not the same thing as "unnecessary." We fully support the Innovation Tower and District. Chair Gort: Thank you, sir. Next. Armand David Good afternoon. Armand David. I'm a resident. 92 Southwest 3rd Street. I am a native of South Florida. I've been here for over 40 years. My family is from here. My grandson lives here now. I've seen Miami changed over the years. Chair Gort: Bring your mike up. Mr. David: Excuse me. Better? Okay. I've seen Miami change over the years, you know, for the better. This is my home. I will stay here my entire life. This new project I am very excited about, not only for the thousands of jobs that it's going to create over the next 10 years plus, but over the redevelopment of the area that is in much need. Thank you for your time. Chair Gort: Thank you, sir. Next. Adam Gould: Hello. My name is Adam Gould. I have lived and worked in the downtown Miami area for almost two years now, and I'm proud to be in favor of the Innovation Tower. I have to be honest with you; in its two years, I've seen a lot. I've seen a lot of homelessness. I've seen a lot of pandering. I've seen a lot of girls working the streets, walking the streets at night. I've seen a lot of guys controlling these girls who are walking up and down these streets at night. I've seen a lot of illegal narcotic issues in these streets at night; cars being broken into, vandalism. City of Miami Page 136 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 I've even witnessed two gunfire incidents myself in these streets at night. Now, I want you guys -- in the two years that I've been here, let's fast forward one year. A little bit of improvement has happened since 29 Northeast 11 th Street has been built as Club Ell even and Touche. I've witnessed some improvement with some of the wanderers at night. I've witnessed a decrease in some of the female street workers, even though it is still very prevalent. It looks to have dropped a little bit in the violence with the police calls, and the ambulance calls, and all the things that I have witnessed myself, personally, and a lot of us have. I'm painting a picture here, and I'm painting a picture for a reason: A lot of these protesters are standing up today, saying why this tower should not be built, or why this project should not move forward. But I ask anybody here who is against it, have you walked these streets at night, past 10 o'clock, past 12 o'clock? Have you seen what really does happen? Overtown is a community, I agree. It has been here for a long time. The people that are trying to preserve its rights and so on, they're speaking their mind; God bless them. But I got to ask you this: What has been done up to right now to change the way that this community exists? Have you driven up and down these streets? And during the day, have you seen the bars on the windows? Have you seen the crime scenes, the tape that's still around these properties? I got to say it's not the most visually attractive thing. Some people are talking about visual pollution. Chair Gort: You need to conclude. Mr. Gould.- It's nothing that is visually pleasing. Here is somebody who's willing -- or a team that's willing to put a lot of money into this project; something that's going to be exactly that, innovative to the downtown Miami area. I am definitely in favor of it. I think it's going to clean up the streets. I think it's going to be something that, moving forward, it's going to be extremely, extremely positive -- Chair Gort: Thank you. Mr. Gould.- -- for downtown Miami. Chair Gort: Thank you. Next. Mr. Gould Thank you. Mr. Hannon: Next three speakers: Russell Benedetta, Andrew Atkins, Gino LoPinto. Russell Benedetto: Good afternoon, Commissioners. My name is Russ Benedetta. I live at 3470 East Coast Avenue. I've been a resident of Florida on and off for the past 25 years. I've found Miami to be my home now. I've listened to a lot of pros and cons, but I see those neighborhoods, I could repeat a lot of things you already heard. The innovative tower is the answer to Miami. I've watched programs in the past who've said how Miami was really built, and a lot of people think it was built on the wrong kind of money. Here's a home-grown family wanting to do what the City's been trying to do for decades, and he's not asking you for anything except for you to just do what's right, and what's right is what's legal. And pollution, light pollution, noise pollution. Look at the pollution that's in the City right now and how it'll be cleaned up. How about jobless pollution, dirty pollution, homeless pollution? Overtown's a great community, and they want nothing more than to succeed in life like everybody else. This is a great opportunity to put Miami on the global map and bring in more tourism, more jobs. And I actually saw a small girl in here somewhere today. It's her future we're talking about, too. Fifteen years from now, she'll be getting out of college and there'll be jobs for her. I thank you for your time. Chair Gort: Thank you. Next. Mr. Hannon: Andrew Atkins, Gino LoPinto. Next three speakers: Williams Armbrister, Dana Moss, and Fernando Diaz. City of Miami Page 137 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Gino LoPinto: Mr. Chairman, Commissioners, my name is Gino LoPinto. I'm an operating partner at Ell even Miami and Touche Restaurant at 29 Northeast ll th Street. I moved my family out here two years ago by way of Las Vegas, and we're part of a multimillion -dollar investment, which some say is the first shovel in the ground in the Park West area. When we first stood in the dirt there, my wife feared for her life when approached by panhandlers, watched prostitutes walking the street in a very rough neighborhood. We've continued to invest money and help secure that area. We support the forces that help secure that area, and we are a hundred percent for the Miami innovative tower. I think it's the catalyst to downtown Miami. I think it's the start for what Miami can call their own silicon valley, so to speak. I am pro. Thank you. Chair Gort: Thank you, sir. Next. Williams Armbrister: Good afternoon, gentlemen and ladies. My name is Williams Armbrister; reside at 3260 Thomas Avenue, here in Miami, Florida. Every -- for the past couple of years, every developer or proposal that's come before you has opened up talking about jobs, but they're talking about little `j " jobs; they're talking about jobs that, when the work site is over, they have to go find another little `j " jobs before their lights get turned off or the baby needs food. They offer no economic prosperity. There's no economic prosperity connected to their desire other than the prosperity of their own. We have never prospered from any major development in this City. We allow these developers to come in and tell us "jobs, jobs, jobs, " and then we got an increase in crime, crime, crime, because when the jobs go down, then crime goes up. So unless they can offer some economic prosperity to the residents that have lived here for generations, such as myself -- I'm the third generation here in Miami -Dade, Florida, here in Coconut Grove -- and unless they can offer some economic prosperity long term -- when I say "long term," we've -- we're a very device [sicJ community. We have Haitians, Spanish, we have African -Americans and we have white Americans. Are they going to offer any long-term employment for everybody here in Miami -Dade County, or is it just employment until the job site is completed? And all of these individuals that come here trying to convince you that it's in our best interest -- has nothing to do with prostitutes or drug dealers, what they want to do -- it's in our best interest to allow them to utilize our ground, our air -- I know, Commissioner Gort -- and to -- for prosperity reasons, which has no impact on the prosperity we need here in Miami -Dade County, Florida. So unless they can guarantee something in the form of prosperity, in black and white, then I say "no." Thank you very much for your time. Chair Gort: Thank you, sir. Next. Dana Moss: Good afternoon, Commissioners, Mr. Chairman. Dana Moss, Sr. D. Moss and Associates, 8004 Northwest 154th Street, Miami Lakes, Florida, Number 407. I'm here to urge you to do the right thing and support what you -- what has been defined in your Code as a media tower; not only from the economic standpoint, but also for the overall benefits to the Overtown community. Yes, there is some concerns, but overall, this is a project that will really put Miami on the map. Thank you. Chair Gort: Thank you, sir. Next. Fernando Diaz: Good afternoon. Fernando Diaz, 320 84th Street. I'm here representing the Coalition Against Causeway Chaos, a group of citizens and stakeholders who are opposed to the mega project on Watson Island. And just as we're concerned with the traffic that the Flagstone Project will create on our quality of life, we're also concerned on any additional media towers that will be built in the City's urban core, and increasing traffic, as well; that's why I am here to urge the Commission to vote "no" on PZ.16 and vote "yes" on PZ.17. Thank you. Chair Gort: Thank you. Next. City of Miami Page 138 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Mr. Hannon: The last two speakers I have signed up for items PZ.16 and 17 are EdwardMartos and Tony Recio. Eric Fernandez: How are you? My name is Eric Fernandez, 201 Crandon Boulevard, Key Biscayne. I wanted to talk to you about, as a father, I'm also an investor and I own several aspects in Overtown, but today, I just wanted to address you as a father. I have two boys, a six year old and a 13 year old. My 13 year old is a big -- what I consider "tekkie." He's -- you know, we work hard and we try to provide a good upbringing, but my biggest concern is, you know, as he grows up and goes to school, you know, am I going to lose my son to another state because we are not competitive, and we're not innovative here in the State of Florida and in Miami? You know, we really don't have a good, you know, what I consider a good technology component, and we don't have good jobs, and I'm concerned as a father that I'm going to have to have my son that I spend a lot of time with, that I groomed with, you know, that he's going to leave to San Francisco or another tech hub. So what are we doing as a, you know, as a city to retain talent? And as a father, you know, I ask you to, you know, consider this and I'm in favor of the project, because I'd love to, you know, have my son and my grandkids here at some point in time. So once again, I wanted to speak to you as a father. I approve this project and I look forward to your approval, as well. Chair Gort: Thank you, sir. Derek Cole: Hi. Derek Cole, 1010 Northwest 11 th Street. I'm a native Miamian, and I was born here in 1949 and raised here, and I support this project. I believe that light overtakes darkness. I don't have a problem with the light. It's going to light up the area. The crime's going to go down. I'm all about love and light. I even print that on my business cards. I'm all for the light. Chair Gort: Thank you. Yes, sir. Bruce Bennett: Thank you, Commissioners. Thank you -- Chair Gort: Bring the mike up. Mr. Bennett: Thank you, Commissioner. I'm Bruce Bennett, 1900 South River Drive, North Bay Village, but I do work in -- as a volunteer in Overtown, and I can see the love and the compassion of the community. I've worked with some of the ministers and the pastors there, and I speak in strong favor of this media tower. It will bring jobs and security to the community. I would urge you to support it. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Elvis Cruz. Elvis Cruz: Good evening, Commissioners. Elvis Cruz, 631 Northeast 57th Street. As some of you may recall, I was part of the team from Miami Neighborhoods United that reviewed Miami 21 during the legislative process. We generated a list of items that needed to be fixed. Many of them did not pass the smell test, and this media tower was among the worst. The idea that the Zoning Code would sped one exact type of building to be built in one specific location, it smelled of a special treatment sweetheart deal. And building it would be illegal, as Ms. Solares from your Zoning Code, as per Miami 21; moreover, the idea that one part of the Code would contradict another part of the Code. In Section 22 of Miami 21, it says, "Where the requirements of this Miami 21 Code vary with the applicable requirements of any law, the most restrictive or that imposing the higher standard shall govern." So it's illegal to build this building by your own Zoning Code, by your own law. Lastly, I mentioned that there was a list of items in Miami 21 that Miami Neighborhoods United found that needed to be fixed. MNU City of Miami Page 139 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 (Miami Neighborhoods United) brought that list before you in May of 2011, and was told that there was, indeed, a need to assess that list, and it would be brought back before the Commission. It has been four years, and we're still waiting. So, please, Commissioners, let Miami Neighborhoods United bring back their list of proposed amendments to Miami 21. We've been very patient. Perhaps, we're guilty of having been too patient, but these are all very solid, constructive amendments that will help protect the public welfare. Thank you. Chair Gort: Thank you. Mr. Hannon: The last two speakers I have signed up for items PZ.16 and 17 are Edward Martos and Tony Recio. Tony Recio: Good evening, Mr. Chair, Members of the Commission. For the record, my name is Recio. I have law office at 2525 Ponce de Leon Boulevard. I'm here on behalf of Miami Big Block, LLC (Limited Liability Company) and the related Simkins family entities that are developing the Innovation Tower and the Innovation District in the Southeast Overtown/Park West Redevelopment Area. My comments today are for both PZ.16 and 17. At the outset, I'd like to ask Mr. Martos to submit a composite exhibit, just for the record. It -- what it contains is the long legislative history, which I will talk about in a few moments, as well as the CRA executive director approval from December 2014, and the City Attorneys opinion on the matter from April of this year. All are public record, but it's helpful to have them all in one place. So the legislation proposed as PZ.16 and 17 does not, on its face, apply to the Innovation Tower approved by the executive director of the CRA in December 2014. To the extent that the City intends it to apply, we strongly object on the basis of due process, property rights, estoppel principles and most importantly, that it deprives the Overtown residents of the City of Miami all of the significant benefits that the existing rules were actually created to provide. Those -- the existing Media Tower provisions, the ones that are the subject of PZ.I7 and are being proposed for a deletion, that's 6.51 [sic] of Miami 21. The Simkins family relied upon those. Why did they rely upon those? Because that section of the Code which allows a media tower in Overtown has been on the books since 2002; that's 2002, 13 years ago. In those 13 years, the Media Tower provisions have been vetted at more than 20 public hearings before the CRA Board, the Zoning Board, the PZAB, the Planning Board and this City Commission, wherein some of you participated and voted. The existing Media Tower provisions back in 2002 were inserted into Ordinance 11000; that was the City's Zoning Code at the time. In 2004, the CRA Redevelopment Plan was adopted and it proposed a media tower at this location. This is the exact location of the Innovation Tower. This is from page 79 of the 2004 CRA Redevelopment Plan. In 2009, the CRA Redevelopment Plan was updated, and yet, retained the media tower concept, as well as the location. In 2010, when Miami 21 was created, the City didn't merely carry over what was in Zoning Ordinance 11000. It actually took a step further and it streamlined the approval process by eliminating the requirement that applicants seek a class two special permit. It was seen as incentivizing this type of development. Why? To achieve the significant benefits that go along with it. About two years ago, when the City decided to revise its entire sign ordinance, reorganizing, and in some cases, rewriting entire sections. The City Commission decided to keep the Media Tower provisions untouched. Now, why; what's the purpose of this whole thing, okay? There's been some question as to what is a media tower, what it's supposed to do. Well, the purpose of the Media Tower provisions are spelled out in the Section 6.51 [sic] that's before you. I'm going to read out of that. Please indulge me, Mr. Chair. "It is the purpose of the Miami Media Tower to: A,' define an area in the City where signage of this type can be placed on a tower that, together with architectural design standards for buildings within the area, as well as urban design standards, based on new urbanist principles in the area of the City will establish a unique local, regional and national identity within the area. 'B,' to strengthen the economy of the City by encouraging the development and redevelopment of a depressed, blighted and slum area within a major redevelopment area within the core of the City. And 'C,'to provide a source of funds to be used exclusively within said redevelopment area for redevelopment -related activities and nothing else." The Media Tower provisions therefore laid out an invitation, a welcome mat City of Miami Page 140 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 to develop an iconic building to serve as a media tower, and to bring along with it a slew of community benefits to the Overtown/Park West Redevelopment Area that would encourage redevelopment; and specifically -- it's very specific -- it says, "to provide funds," tangible money to further this purpose. The Simkins family did exactly that. The iconic building, as you heard from Mr. Simkins, was the result of a design competition that drew some of the best names in world light architecture, and will attract millions of people to Overtown's doorstep. In this way, it's not simply a billboard tower or a billboard on steroids -- we've heard these words thrown out -- it's far from it. This is a $250 million -plus construction project. This is an iconic building; one of the most beautiful buildings conceived here in the City of Miami. It's got all kinds of bells and whistles, and it includes media studios, retail establishments, viewing platforms and restaurants, and it's the centerpiece of the overall Innovation District. This building was designed to meet the new urbanist principles and the urban design standards that are codified in Miami 21. Now, the benefits that are to be provided are to encourage redevelopment and provide much needed funding to the redevelopment area for the life of the Innovation Tower; for the entire life of it. These benefits include: Five million dollars before the Innovation Tower is ever opened; a minimum $1 annual contribution -- that's every year, at least $1 million, but that can go up, based on gross revenues; development of an active public plaza that will serve as a community gathering space for Overtown and Park West. That plaza was also shown on this plan, right up here, in the same place where it's going to go. That plaza is open to the use of the CRA for programming at least once per month, in addition to all of the other events that will be there. There will be approximately 45 minutes of public service display time donated as part of this. And then we talk about jobs: Local preference for a significant portion of the construction contracts and jobs. There's the same local preference for all of the permanent jobs that go along with all the uses that are associated with this. This is not a condominium, where there's construction jobs, and then there are no jobs afterwards. This is an active, continuing, viable commercial use that -- which will continue to generate good, high paying jobs. Now, the lowest wage that can be paid, according to the benefits that have been provided, is the living wage plus $1. Living wage is currently about $14 an hour. So you're talking about the minimum down here is a dollar, plus that; that's the least that can be paid. That's far higher than is allowed by law. There are -- in addition, there are 200 free tickets to the tower's attractions per month; a $200, 000 contribution to fund job assistance programming; and a series of job fairs throughout construction before opening the building, and annually, thereafter. This is going to be a continual giver; that's what it was intended to do; that's what it was envisioned to do when Commissioner Teele first came -- championed this in 2002. So the Simkins family, born and raised right here in South Florida and knowing the importance of community stewardship, engaged in this effort and put together this generous package of significant benefits, along with the help of CRA staff and very good leadership. They did this in reliance upon the rules that were in place. They relied upon the CRA Redevelopment Plan, which I've shown you. They did that in investing millions of dollars into the property. They relied upon those Media Tower provisions to invest significant monies, and countless hours in predevelopment, including preparation of these architectural plans, to seek dry run approval to ensure that this met the new urbanist principles; that this met Miami 21. They received that in March 2014. They relied upon the Media Tower provisions in seeking and obtaining approval from the CRA executive director, an approval that they -- that was issued December 2014. During the months of the negotiation leading up to the approval, relying again on these Media Tower provisions and the CRA executive director's involvement, they incurred millions more in design and development of the project, in consultants, lighting studies, reaching out to neighboring buildings to ensure that this was what it needed to be, and to prepare all the legal documents that Mr. Woods required. That -- Mr. Wood's approval from December 2014 was in accord with the letter and the spirit of Section 6.5.1. The City Attorney confirmed his authority in April of 2015. FAA approval was issued in 2015. All of these were in furtherance and in reliance upon the rules that were in place. Relying on the executive director's approval, as confirmed by the City Attorney, the Simkins family applied for sign permits earlier this month, and they went a step further to memorialize all of their commitments to the Overtown residents of the City of Miami. They entered into a covenant that set forth the significant benefits that I've discussed. The covenant City of Miami Page 141 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 ensures fulfillment of the express purpose and vision of these regulations. So that brings us to today. We're here today. We have the Simkins family, who has spent millions and over two years of time and effort, relying on legislation that is 13 years old and still valid and has been upheld -- debated and then upheld in the course of those 13 years in over 20 public hearings. Now, the Administration is seeking to change the rules when this is so close, this vision is so close to finally becoming a reality. This is patently unfair, and it's not supported by the courts. Florida case law has long recognized that once development efforts have been extensively pursued under regulations that provide for those efforts, and where there has been a substantial change in position, cities are estopped from applying these new rules to that applicant. The concept is very well stated in Town of Largo versus Imperial Homes. There, the court said, and I quote, "Stripped of the legal jargon which lawyers and judges have obfuscated with, the theory of estopped amounts to nothing more than the application of the rules of fair play. One party will not be permitted to invite another onto a welcome mat and then be permitted to snatch that mat away to the detriment to the party induced, or permitted to stand thereon." I'm frankly a little surprised that we're even having this discussion. This has come up before; this is not a new issue to the City. Just a few years ago, the City Commission found itself facing an unnecessary three-year legal battle over bar hours in Coconut Grove. That battle culminated in a settlement where the City conceded that the new hour restriction should not apply to a particular applicant. Ms. Mendez: I object to the characterization of that and later also to the characterization of the City Attorney's opinion, but I just wanted to place that for the record. Mr. Recio: The rights of a party to continue under the rules that -- I'm almost done, I promise you, Mr. Chair -- the right of an applicant to continue with a process when they've relied upon that process is well established, and that is just enforcing the concept of fair play. So for more than 13 years, and over the course of more than 20 public hearings, the City has consistently put out the welcome mat for a developer to build a media tower, specifically in Overtown/Park West, in order to benefit the redevelopment area. Now that the Simkins family, relying on that, has actually secured CRA executive director approval to actually build such a tower and provided an extensive community benefits package to go along with it, the City is proposing to pull that welcome mat out from under them. Actually, the mat's not being just pulled out from under them, it's being pulled out from all of the Overtown residents of the City of Miami that will directly benefit from these community benefits. We respectfully urge this Commission to ensure that this ordinance does not apply to the Innovation Tower, which has been approved in accordance with existing Media Tower provisions, and now awaits a full and complete review and approval of a sign permit. As it says in the Town of Largo Versus Imperial Homes, the case that I just mentioned, "A citizen is entitled to rely on the assurances or commitments of a zoning authority, and if he does, the zoning authority is bound by its representations, whether they be in the form of words or deeds." The citizens that are relying on the City here are the Simkins family and the Overtown citizens of the City of Miami. Chair Gort: Thank you. Mr. Recio: All of them are adversely affected if the City seeks to apply this proposed legislation to the Innovation Tower. I thank you for your time, Mr. Chair and Members of the Commission. Chair Gort: Thank you. Mr. Recio: Please ensure this does not happen. Chair Gort: Now, we'll close the public hearings; and comments from our Board Members. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. City of Miami Page 142 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Vice Chair Hardemon: This is one of those rare occasions where you have arguments from counsel, and arguments have been positioned from the community that, together, I think should be able to sway the judgment or the position, at least, of Commissioners. And I said that to say, first that I do believe this is a due process argument. I believe that, especially when we're looking at PZ.17, that taking away the rights for someone to develop a property in the manner in which they've been granted, or have been authorized, or have been told for as many as 14 years, is a due process violation where you've already begun that process and spent significant amount of dollars to do so; that's just one thing that I believe. Our City Attorney would have to give her opinion about that, but we're still entitled to have ours, and because of that, I mean, that would be my first reason to caution us in approving a matter like this, but I'm not going to spend time belaboring that point, because I think that the attorney did a good enough job of that. What I'd like to do is refer us back to a time back in October of 2001. October 25, 2001, there was a first reading ordinance, and this was the first -- well, this was the opportunity in which the media tower that's proposed for the Southeast Overtown/Park West CRA was brought to the attention of this Board. And so at the time, the assistant director of Planning & Zoning, Lourdes -- I believe her name is pronounced "Slazyk" -- identified that PZ 13 was an amendment to the Zoning Ordinance, Article 25, to create definition for a media tower in the Southeast -- to be located in the Southeast Overtown/Park West Redevelopment Area. All this is doing is creating a definition mechanism without locating anywhere until a master plan determines the appropriate location for the media tower. Commissioner Teele at the time asked the Chairman to move for some discussion. Commissioner Sanchez seconded for the purpose of discussion, and Vice Chairman Gort at the time, who was serving as Chair, it seems, moved -- announced that it was moved and seconded. Commissioner Teele then says, "Does this say 'tower' or 'towers'?" -- a very important distinction that he made. And Mr. [sic] Slazyk said, "It says 'tower.'" But what would happen is that where there could be more than one location or more than "tower" -- I'm reading as it is written -- "depending on what the outcome of a master plan determines is appropriate. All this does is create a definition for what it would be. Whether there is one or more is going to be up to another." And then he says, "No. This is" -- "oh, this is to be only in the Southeast Overtown/Park West Redevelopment Area; that is the only location." Commissioner Teele then, in his remarks, says, "All right. The thing that I want to be very clear, the thing that I want to be very, very careful about" -- and Commissioner Sanchez and Commissioner Regalado, `If this were to move forward, there would be tremendous pressure for everyone to say, 'Let's do one over here, let's do one over there,' and this is not a good thing. And I think the Planning Department and I, if we're going to start a contagious disease, then let's don't do this one. I mean, this, I think, is very important as a tourist destination, sort of what we're calling Times Square, if you will. That's what it's patterned behind. But I can assure you that the moment this goes forward, and the moment there is some finality to this, there will be pressure to put one in the Omni, to put one downtown, to put one in the Grove, to put one in the Upper Eastside." Commissioner Winton, in his sassiness, says, "There will be no pressure coming from the Grove for it." Commissioner Teele then responds, "Well, what I'm saying is that it won't be from the neighborhoods. The neighborhoods won't want it. It'll be from the Gucci's, and the billboard people, and the law firms, and all of that. And I just think that we need to be very careful that what we're trying to do is create a discreet, one -of -a -kind item, like in New York City. There's only one, and this is the one. And we're going to try to resist adding two more or one more." Ms. Slazyk says, "The way this is written now, it says that this is the only one in place." And Commissioner Teele responds, "And obviously, it would have to come back, and what I'm trying to do is alert my colleagues, so when the lobbying begins that we had this discussion, because, you know, it may be 20 years, 25 years from now that Miami may mature, but New York hasn't matured to the point that they need a second one. What we're talking about is the old Time Square concept that we talked about for the last two years in which the Miami Herald has even editorialized it and said the City Commission should go very slow, and we pull back, and this is the process that we're in now. So I strongly support it, but I think -- and this is not, by the way, in my district; it happens to be in one of my colleagues' districts, but I think if everybody feels like we ought to have one, then we shouldn't have any because" -- City of Miami Page 143 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Sanchez says, "It should be unique. " Commissioner Teele says that, "It should be a unique term" -- "a unique item, so what" -- "so that was the only discussion I wanted to have on it. Call the question, Mr. Chairman." Ms. Slayzk replied, "Did you read the ordinance?" Vice Chairman Gort: "First reading. It's an ordinance." Commissioner Sanchez: "Yes, sir, it's an ordinance. Go ahead" Vice Chairman Gort says, "Roll call." And the votes are recorded. Those in favor: Vice Chairman Wifredo Gort, Commissioner Tomas Regalado, Commissioner Joe Sanchez, Commissioner Arthur Teele, Commissioner Johnny Winton. There were none against. When it came up for a second reading in November 2001, it was equally passed, without any further discussion. And I read this record for you because we have to think about where we've been and think about where we're going. And in that discussion in 2001, it was already preconceived that there would be an idea to have more than one -- at that time, called "media tower." And one of the places that it was actually named was the Omni. And we know, as we move forward, the other place that there is a media tower that's proposed is in the Omni. Now, I wasn't on this Commission when that one was created, but I would have thought about the record that Arthur Teele left. But I have to ask, what was so special about the location in the Southeast Overtown/Park West CRA that he wanted to create this media tower? What was it that he was trying to accomplish there? Mr. Cruz spoke of this item as a special treatment sweetheart deal. And so in that, trying to give it a light of this is something that is so out of the ordinary, so beneficial to one entity or one community, if you will, that it shouldn't exist; this deal should not exist. But how can you position that statement against the perils that the community of Overtown has faced? How can you take a community that was segregated for the purposes of being only for black people and then, when the neighborhoods began to flourish, for people to be removed from their homes by the State and by the Federal Government to build the monuments that you call these 1-95 and other highways, to destroy the family structure as it is, and then to have no improvement from that point moving forward? The blight and the slum that exists in Overtown exists because of what happened historically in that community, because of you establishing these highways; because of you taking away the family structure, the single-family homes, and leaving concrete jungles in the community that had no tax base, that had no businesses, that had nothing for people from outside the community to come in. At the time that Overtown was segregated, there was an opportunity for blacks all over this nation to visit that community to watch shows, to stay in hotels, to eat at restaurants. There was an opportunity to club, to do all types of things that meant commerce and economic opportunity for people that lived there. But I ask you a question: Like the gentleman said earlier, do you ride these streets at night? Tell me one reason you, any of you have to be in the community of Overtown besides -- at nighttime, any of you -- besides buying cocaine? And that is what we're tasked with changing. We're tasked with changing what people think of that community, because that community is not just full of poor people. It's full of people who have fought for the rights and live in the community that they believe in for the entirety of their lives. You have retired doctors, and mothers, and teachers. You have people who have been professional their whole lives, and decided that they want to hold onto that American dream that they call their land in Overtown. And now, they have an opportunity for that land to increase in value exponentially. And now, at this time, is when all the attacks want to start on the community of Overtown. When this was proposed in 2001 by Commissioner Teele, at that time, the regulation called for a unique, local, regional and national identity within the area. He wanted to create something that didn't exist before, and they implemented it into the CRA Development Plan, along with the promenade, along with the Lyric Theater, along with Lyric Plaza and all those developments in 2ndAvenue; along with the idea of creating an entertainment district that people would come because there was nothing like it within the City of Miami. There was no Wynwood the way it is today. There was no Design District the way it is today. There was no downtown the way it is today. And at that time, he saw past those neighborhoods and saw that the community of Overtown could be somewhere, in a place that could attract people from everywhere. He also wanted it to strengthen the economy of the City by encouraging the development and redevelopment of a depressed, blighted and slum area within a major redevelopment area by the downtown area. If you travel to this area today, that is the definition of "blight"; that is the definition of "depressed"; not a billboard, in and of itself. And then he wanted -- and probably City of Miami Page 144 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 most importantly -- to provide a source of funds to be used exclusively within that said redevelopment area for redevelopment related activities, and nothing else. The CRA will dissolve in 2030. We have about 14 years left to actually make a tremendous impact in that community, and that's what we, as Board Members of the CRA have been trying to do. And now, we've finally got a start on some serious development within that area to make positive changes. We're implementing commercial development; we're implementing affordable housing; we're cleaning up the streets; we're providing dollars for businesses; we're creating a nightlife. We're giving it all the bells and whistles that it needs to be a bustling area within the City of Miami that I believe is great because we have these types of beautiful neighborhoods. But just as we're about to do that, just as we're about to make this happen -- and the same 14 years that it took to get to this step -- look at what's happened. We just defeated a capping ordinance that the County tried to give towards the City of Miami for its Community Redevelopment Agency. That would have stopped the amount of dollars and capped the amount of dollars that would have been available for the redevelopment area to be invested into their properties and into the people that live there. And so, here we are again, with an opportunity to provide to them an amount of funding, not for the next 14 years, but for the life of this item, for the life of this development. So for the life of this development, you get at least $1 million that's going to be invested directly into that area. I think that that's too little. I think it should be way more than that, because what do you pay to redevelop an area that was destroyed at the hands of government? What do you pay to redevelop an area that was forgotten and pushed to the side by the hands of government? What do you give to an area that the Redevelopment Act was created for, to protect people who live in that community from, from people like us, who did not invest in that area? We owe the world to communities like Overtown. We owe the world to communities like Goulds. We owe the world to these communities that have been forgotten, because the people are what make these communities great. And so, here we are with an opportunity to give money directly to the people, and invest into an area way past, way beyond the Community Redevelopment Act. And if we cower at that opportunity, if we take away that chance for this community to move forward in a way for the next 100 years that this building exists, to continue to create revenues to produce an area that we can be proud of then we should be ashamed of ourselves. Every time Overtown gets to the front of the line, somebody says, "You're in the wrong line." I know I'm in the right line. This line was started in 2001, and they waited patiently. And Overtown will wait no longer. Overtown will wait no longer for development. Overtown will wait no longer for benefits. Overtown will wait no longer for better salaries. Overtown will wait no longer for clean streets. Overtown will wait no longer for reducing the amount of violence that happens in this community. When you turn on your television and you see people shot dead in the street of Overtown, you should be ashamed if this ordinance passes, because you know that you had a hand, because that guy who was toting that weapon lives in one of those dilapidated houses that are in Overtown; that if these dollars were created, we could have possibly given to make his life better, and he could have gotten a job at a place like the Innovation Tower. I don't want that blood on my hands. I'm sick of blood being on the hands of the District 5 Commissioner. This time, I think the District 5 Commissioner should have the ability to redevelop an area and give his people a promising future. If you think the crime is bad now, keep taking the hopes away from the people of Overtown. If you think the Upper Eastside is doing well now, or Brickell, or downtown; or Little Havana, because they're going to have their own issues, too; or the Design District, if you think these area are growing and making this world -class city that people should travel all over to -- and they are -- keep your foot on the necks of the people who live in Overtown. You did it in Liberty City, and what was the result? The only thing that makes enmity in this City different from every other black community all over this nation, where you're seeing these mass demonstrations is that we are actually providing dollars to invest in those areas. We're actually creating jobs. We're actually creating businesses. We're actually giving that investment. But this is taking away from that. This is hindering the people of those communities, and these are the types of actions that we should be afraid of and that we, as a City, should be wary of because what I believe is that when you take away from not only the people who are there today, but their children, and their grandchildren, and their grandchildren's children, what you're doing is condemning these people who live in these areas to a lifelong condition of City of Miami Page 145 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 poverty, or you're just hoping that you're pushing -- push them right out, all together. And neither of those two I'll be a part of. And because of that, what I would move to do, and I would hope that I would have a second, is to disapprove PZ.17. Chair Gort: Further discussion. Commissioner Suarez: Yes. Chair Gort: Yes, sir. Commissioner Suarez: Thank you, Mr. Chair. Let's see, where do I begin? First of all, I think my colleague, Commissioner Hardemon, made some very compelling arguments. He's very passionate about the issues, and I think, you know, he made some points that are important. I think, first and foremost, I feel for Mr. Simkins. I hope you're feeling better, because we were told that you had some health issues after the last meeting; not surprised, given how some of these decisions play out that they would give you some health complications, but I'm glad you're okay. Look, I think, number one, this is a little bit of the case of the tail wagging the dog. You know, I think what gets lost in this discussion, unfortunately, is the innovation center concept, which is needed in the City of Miami, it's needed in Overtown, and, you know, we should be doing everything that we can as a City to welcome it and to support it, so I want to start by saying that. I think what's also important to reiterate, based on something that Commissioner Hardemon said is that this concept of a media tower predates us, predates this Commission; at least vis-a-vis Overtown. In Omni, we have looked at this issue, and in a given moment, decided to go forward with it. I think the City has changed, things have changed, we do continue to develop, and I think part of the reason why PZ.17 is here may not be so much for the purposes of this idea of yours as much as it is for us to be clear for those who may come after you. And, you know, we had a situation, to use an example that's similar, where we had denied -- and I say this often -- about three different daycare centers in a residential neighborhood. And it was in our Code that you could buy a home and convert it to a daycare center. They would go through the process; it would come back to the City Commission. The City Commission would deny them; three times in a row, three different applications, three different districts. And, you know, it dawned on me, why are we putting ourselves, and the community, and the business community through this? I mean, why would we tell someone, "Hey, you can do this," and then when you try to do it, we say, "You can't do it"? So, you know, I think part of my support for PZ 17 is the notion that, going forward, certainly, we need to be clear on where we stand. What has happened to date presents a variety of different issues. I don't think we have to resolve them here today. This is first reading for PZ.17, surely. I don't -- I'm not so sure anybody supports PZ.16, so I don't know if anyone is in favor of that. I certainly don't support PZ.16, which is to import the standards from the Omni CRA into the Overtown CRA. I just don't think that the community's appetite going forward is for there to be a proliferation of media towers; I just -- I don't see it. You know, the problem with a media tower, and particularly one of this size, is not the direct benefit to the CRA or to Overtown, which is clear and undisputable, and I think there's no one that makes a better, more compelling argument for that than Commissioner Hardemon. I think the reason why we didn't do anything that day at the CRA was -- and the instruction that we gave that day at the CRA was for you to go out to the surrounding community, because anything of this magnitude, of this size, is not just going to impact one neighborhood, or one area. This is something that is very large. And so nothing that I know of exists of this size; maybe there are things of this size somewhere around the world. I don't know how far or how broad the impact of it is and how many people are impacted. And I think that's the concern. I mean, I don't think the concern -- I don't think there's a doubt that, you know, I don't think there's a doubt that the direct benefit and the public benefit would be a huge benefit to the Overtown area. I mean, having a $5 million upfront payment, an annual payment, as Commissioner Hardemon said, that extends beyond the life of the CRA, that's obviously very beneficial to the CRA and to the Overtown community. However, you know, I think we need to, as a Commission, you know, be clear with the community, you know. We need to be clear with the residents. We need to be clear with City of Miami Page 146 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 others, like you, who might -- you know, in fairness, you came -- and by the way, there was someone that said that this was -- what was the term that I think you used? -- that this was somehow -- or not -- you didn't use it. Someone said it, and you repeated it -- that this was somehow done for someone. You didn't buy this property in 2002, as far as I know, or in 2001 or whenever. So, you know, I think savvy businesspeople look at things that there are and opportunities that there are, and they try to take advantage of it. I think that's part of being a good businessman. So, look, I think we -- part of the reason why I think the Mayor withdrew -- and I don't mean to put words in his mouth -- the issue of the moratorium was recognition of the fact that, you know, I don't -- doing -- approving PZ.17 sends a clear message going forward. Look, we do not want these things. You know, how it plays out in the current case, I think we can debate. I certainly do not want to have litigation. I don't think that's going to be beneficial to the City. I don't think that's beneficial to you, personally. I don't think that's how you want to have a relationship with the City. I don't know how that's avoided, but, certainly, the provisions of the Code were there, you know. And I think Commissioner Hardemon definitely, you know, brought to light the fact that they were voted on and that they were established. So -- and you've done everything that you can, from what I can see, to conform with those norms, with those standards. So I will not -- I cannot, unfortunately, support PZ.16. I will -- I do want to support PZ.17, because I think we have to send a message, particularly in the future, that if we're not going to approve these things, then we should not even make them available to the public for the reasons that you mentioned. I mean, I don't think it's fair to say to the public, "Hey, we're going to do this, " and then go through this whole process, and come to a conclusion that, you know, it's really unfair, you know. It's unfair to you to have to go through that. So, you know, that's my position on this. I'm not sure where we go from here, or if we have to go anywhere in particular, because this is the first reading, but I just wanted to put my sentiments on the record. Thank you. Chair Gort: Okay, anyone else? Go ahead. Commissioner Sarnoff So oftentimes, I say up here, "I've never spent 10 minutes or walked 10 miles in Commissioner Hardemon's shoes, " and I brought that to you, Commissioner Carollo, about three meetings ago. Simply put, none of us come from the same place, yet we all create legislation, hoping to move Miami to a better place. And I do really believe each one of us up here really do that, but we all come here with different mindsets and different thoughts. Equally, what's important about government, there are checks and balances. And, candidly, we may not be the sovereign that is responsible for signs, and what I was taught through the mural ordinance was, very candidly, only where the County allows can the City act. So whether someone claims to have some right or possible right, I think it's a multi -layered process. I don't think it's just the City of Miami, andl don't think what is recorded in discussion becomes law. It may be the legislative history, but it is not necessarily the law. You know, equally, the Mayor says this is a citywide issue, but this is uniquely a District 5 and District 2 issue, because District 5 and Overtown receive the benefit, but District 2 would receive a substantial amount of the burden of the light emitted from this. So, for me, it's a quality of life issue, and, you know, it's very simple for me to support PZ.17 and the removal of media towers. It's not a very hard decision; yet, it's a hard decision, because I understand the deal that -- which you structured. Whether that imperils that deal or not is really not for us, but for others to decide, and how it moves forward. So, to me, the whole idea of this is really not what happened in 2001; it's really where we are today. And where does the layering of the process of the City of Miami and its ability to have signage, commercial messaging, and who is the arbiter of those is a multi -level process. It's not simply the City of Miami is a purveyor of all signs; we're not. We have to integrate that with the County. I understand that Commissioner Javier Suarez has gotten some feedback from the County Attorney. How that plays out may be part and parcel for Madam City Attorney, and it may be for others to decide. So I support you on almost all endeavors, but in this endeavor, I find myself supporting PZ.17 and the removal of media towers from 6.5. Chair Gort: Okay, anyone else? City of Miami Page 147 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. I'll begin with saying that, although what we've voting on right now is not necessarily about innovative tower and everything that Mr. Recio mentioned. The truth of the matter is, I will tell you, I think the structure is beautiful. I saw it in the CRA meeting. I thought it was beautiful, and I commend the architects. The only thing that when I was seeing it, I wasn't seeing the billboard sign. And even now, when I was seeing that picture, I thought it was a beautiful building, an iconic building. I also want to mention that I am all in favor of Innovative District; I'm all in, I'm all in. But I don't think that we need a media tower, or a giant billboard to have an Innovation District. So with regards to -- it was mentioned young kids' technology programs and what we did this morning. Yeah, I was all in favor of it. I actually want to, you know, see if we expand it. But that, again, has nothing to do with a billboard. And by the way, this is not the first time that, you know, I show my displeasure for a really big billboard. When it was in the Miami Herald site, I didn't vote in favor of it then. You know, with that said with that said, everything else, I think it's great. I think it's great. I think it's innovative to have an Innovation District. I think it's great. Then we go beyond that, and when we get down to PZ.17 and PZ.16, the same thing. I mean, the County, from everything that I have read and from the different opinions, the County doesn't allow a media tower. So it's like putting the cart before the horse, and I just -- I think the process is flawed. And then the last point I will make is I think any reasonable person, any reasonable person would think that there is something wrong when an executive director of a CRA has the sole ability to allow this type of media tower or billboard without any process from the City or any checks and balances from the City of Miami. I think it's -- I mean, the word that comes to mind now is "ludicrous. " But I am telling you, I just -- I will believe that any ordinary, reasonable person would think that's impossible that the executive director of a CRA can solely approve this with no action from the City of Miami. So I will be voting against PZ.16 and in favor of PZ.17. Thank you. Chair Gort: Yes, sir, you're recognized. Vice Chair Hardemon: Thank you very much. I just want to clarify something on the record that the CRA executive director does not have the sole power to approve the Innovation Tower or media tower. The -- that process goes through the City, it goes through the permitting process. I forget the type of warrant or whatever it is that you require, but it is not the executive director. The executive director has the power to approve the community benefits agreement that is attached thereto, to having a media tower or Innovation Tower. Commissioner Carollo: If may, Commissioner Hardemon, the reason I say that is because even that, even that, when I have spoken to different members of management and the City Attorney, even that, there's been debates about what actually can happen, or who has the power to do this, or what, or what the City can, cannot do. Can it come back just to go through a warrant process? Does it not? So even that, I will tell you, at the very least, it's confusing, and it's very murky, and I haven't gotten clear answers. Vice Chair Hardemon: So I understand what you're saying. And when I think about this issue, the CRA executive director is the person that's been tasked with redeveloping that area. He's the person that is closest to the ground to making sure that all of our efforts for redevelopment occur within that redevelopment area, according to the Redevelopment Plan. And to me, just like we approved the digital billboard on the James L. Knight Center earlier today, we, as the City, were the ones to negotiate those benefits, the gross sales, et cetera, et cetera. And so that's something that we did on a citywide level on a City building. Now, the one thing I will say is that, I mean, it's very clear that I do not have the support to disapprove this item. And in the words that I've heard from my Mayor, the words that I've heard from Commissioner Suarez have been -- and I haven't heard the words of our Chairman, but I've heard that we're talking about moving City of Miami Page 148 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 forward. We're talking about not taking away the property rights of someone who started a process, so protecting the community of the City of Miami from any litigation, but moving forward towards any other new proposed media towers, if you will, that striking this would give us that opportunity to do that. But I will say that if that is what the case is, then I would ask that we make a friendly amendment to this legislation to include that any -- basically any community benefits agreements attached to a media tower that has already been approved or executed by the executive director of the Southeast Overtown/Park West CRA be -- not be -- will still remain in effect. So, therefore -- and the wording can be drafted by our City Attorney -- but therefore, if it is about moving forward, let's not pull the wool over the eyes of the people who live in Overtown. Let's tell them exactly what they will be receiving. Let's tell them that they exactly will be receiving their benefits and they will have what's been promised to them for all these years, in accordance with the Redevelopment Plan. So if we do that, and then you pull or strike the language from -- as proposed in PZ.17, with a clear designation that this tower that exists today will exist, then I could be for that. Chair Gort: Okay, let me -- back in November 2001, that was the last time I was here, so I didn't see the continued procedure that took place within the year 2000. Now, when I came back in 2010, I think 2011, all of a sudden, somebody drops a document in my desk and says, "This is the media tower. It's been approved, it's been there." So my understanding, the negotiations been going on for two years now. I think if it was the idea not to allow this, we should have told the individuals who were working on this, "Stop, there's no progress here." And I can see the votes are not there, and I can understand it. There's a lot of pressure from all over the place. But at the same time, I hate to see it killed, all of it, and the reason being, when you look at the architecture, the question that a lot of people had is -- and I was always under the impression that the executive director would select and work out the agreement between the developers and the CRA, but the process had to go through the City and through all the legislation they need to go through to get permits. Now, we talking about the building, itself, I think it's a beautiful building, but I don't how much of the building is really going to be showing the -- it's going to be light up; how much exposure it's going to have. My understanding from what I read from you all, there is a type of light -- and I'm not an expert on this, I can tell you. According to what I read from the information I received from you all, is that the neighbors were being protected by the reflection of the lights. Also, I -- my understanding is the City is to determine the size of whatever is going to be projected or the -- and correct me if I'm wrong, but that's the way I was understood, all right? So I can see what's going to happen, but at the same time, I don't want to see it killed. I want to see if there's an opportunity to go through a process where we can all come together and we can -- do create something, and that's how I feel about it. So I'll take any motions and -- Commissioner Suarez: He has a motion on the floor, so I don't know -- Chair Gort: Who made the motion? Commissioner Suarez: -- if he's willing to -- Commissioner Hardemon had, I believe, a motion. Unidentified Speaker: The first motion was denied Commissioner Suarez: Right, right. Commissioner Sarnoff So I'm going to make a motion to -- Commissioner Suarez: Oh, but he has a motion on the floor. Todd B. Hannon (City Clerk): Essentially -- Commissioner Suarez: Do you withdraw your motion? City of Miami Page 149 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Sarnoff It die -- doesn't it die? Chair Gort: He didn't have the second. Vice Chair Hardemon: Mason's Rules -- Commissioner Suarez: Okay, fine. Vice Chair Hardemon: -- it's (UNINTELLIGIBLE). Commissioner Sarnoff Okay. Commissioner Suarez: Let's take it one at a time. Vice Chair Hardemon: But I -- since I have no support from my fellow Commissioners, I will withdraw that motion. Commissioner Suarez: Okay. Commissioner Sarnoff So I'm just going to make a motion to approve PZ.17. Commissioner Carollo: Second. Commissioner Suarez: Second. Chair Gort: This is the -- Francisco? Mr. Garcia: Yes, sir, briefly, ifI could be heard, because we've been paying close attention, of course, to the debate, and what happens often is when what comes before this Commission is specific legislation that the Commission must react to, it sometimes unfairly constrains the dialogue, and I wanted to take an opportunity to say that we have heard -- and please correct me if I'm wrong -- a clear consensus on a couple of issues that are worth highlighting. There seems to be -- and please correct me if I'm wrong -- consensus that the structure, itself in the Innovation District are wide -- received widespread support from this body; that there is support in moving forward in good faith to process the application that has been submitted for review, generally; that there is a consensus that there should be no more media towers in Southeast Overtown/Park West -- please correct me if I'm wrong. Commissioner Suarez: No; anywhere in the City. Mr. Garcia: Anywhere in the City. Commissioner Sarnoff Anywhere in the City. Commissioner Suarez: Anywhere in the City. Mr. Garcia: Right. Well, that portion of it, there may not be a consensus about, and I wasn't clear, and that's why I didn't want to -- Commissioner Suarez: Well, I don't know about consen -- I don't know what you mean by "consensus, " whether that's unanimity or whether that's plurality. Mr. Garcia: Well, I'm trying to echo back what we've heard from this conversation, and what I'm trying to suggest to you again -- and you'll phrase it better than I ever could -- is we are happy City of Miami Page 150 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 as the Administration to receive direction as to what ordinances to craft to bring back to you, so that we can address your concerns appropriately. It seems clear to me that the legislation that is before you today does not do that, and I would welcome any direction to craft legislation that does do it. I'll leave it at that. Vice Chair Hardemon: I have a question. Chair Gort: Yeah. Vice Chair Hardemon: So just in your last statement that no media tower will exist in the Southeast OvertownlPark West CRA and -- whatever that last statement was. By saying that, are you saying that the one that is proposed today will not exist? Mr. Garcia: Not at all, sir. I'm not saying that at all, but I am saying to you -- and this is the genesis, really, of the ordinances before you today. We have at present, at best, fairly unclear regulations governing this particular media tower. And so right now, in the Zoning Ordinance, it is unclear whether there should be one or more media towers within the Southeast Overtown/Park West CRA. But there seem to me to be both in your statement, Commissioner Hardemon -- and I hope I don't get this wrong -- and in the statements that everyone else has made that there is, at best, support for one, but probably support for no more, and if that's the case, what I'm submitting to you is that there is no language in Miami 21 that prevents an applicant from coming in and filing another application for another media tower. Vice Chair Hardemon: And I'm -- and I understand that; that, I'm okay with, as far as applicants, as far as additional media towers. What I want to be sure is to protect the people who live in Overtown, who's been promised this one media tower, that they will have an opportunity to have that media tower, so I want my vote to reflect and I want the legislation to reflect that's my wish. That will be a friendly amendment, if needed; that the one that is proposed today, the one that has been approved by the executive director or the benefits agreement that's been approved by the executive director that is currently going through the process in the City of Miami, and what the City of Miami does with it is not my concern, but where we are today, that that media tower continues to exist in its form that it is today. Mr. Garcia: Understood. And if that were the case, I am suggesting to you that that directive would require also an amendment. And so what I'm asking, and I think it's very easy to get to, is direction to craft legislation that will get us there, because right now, we don't have it. Commissioner Suarez: Mr. Chair, ifI may, please. Chair Gort: Yes, go ahead. Commissioner Suarez: Can we vote down PZ 16? Is everyone in agreement that we're going to vote against PZ.16? Is that okay with everyone? Can we do that? I'll move to deny PZ.16. Commissioner Carollo: Second. Mr. Hannon: I'm sorry. Commissioners, right now, we have a motion on the floor for PZ.17 to approve as is. Chair Gort: If that is the motion, we'll have to -- Commissioner Suarez: Let's do things orderly. Commissioner Sarnoff So I think you can table the motion. He's now making a motion on PZ.16, which I think is okay. I think the mover accepts the tabling. City of Miami Page 151 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Suarez: Yes. Later... Commissioner Sarnoff Okay, back to 17. Commissioner Carollo: Move -- I move PZ.17. Commissioner Sarnoff Second. Chair Gort: It's been moved and second. First reading. Further discussion? Being none -- Vice Chair Hardemon: I would like to make sure -- I was told that there needs to be an amendment made to this motion to ensure that the existing Southeast Overtown/Park West CRA media tower exists. That's what I was told. If you don't want to accept my friendly amendment, that's fine, but say that and let's not ignore the fact that I'm asking for this. Commissioner Suarez: No, it's not that we don't want to accept it. It's I don't think it's needed. I don't think it's needed in the legislation. I think it's just going to muddle up the legislation, you know. I don't think it's needed. I think the statements on the record are sufcient, and I don't think anything else has to be done on this, okay? Commissioner Carollo: Agreed. Victoria Mendez (City Attorney): Okay. The ordinance on PZ.17, I just want to make a change for the record that it says, "A resolution of the Miami City Commission, " but it is an ordinance, so I'm making that change on the record. An ordin -- Commissioner Sarnoff It doesn't say that in our books. Chair Gort: Mine says "an ordinance.' Commissioner Sarnoff Ours says "an ordinance. Ms. Mendez: Right. The title apparently in your book -- but the legislation apparently -- well, just in case it is -- Chair Gort: You have two different one. You have one an ordinance and the other a resolution. Ms. Mendez: Correct. So it's an ordinance of the Miami City Commission. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: As amended for the word "ordinance." Todd B. Hannon (City Clerk): Roll call on item PZ.17. Vice Chair Hardemon. Vice Chair Hardemon: Against. Mr. Hannon: Commissioner Suarez. Commissioner Suarez: Yes. Mr. Hannon: Commissioner Sarnoff. City of Miami Page 152 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Sarnoff. Yes. Mr. Hannon: Commissioner Carollo. Commissioner Carollo: Yes. Mr. Hannon: Chair Gort. Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading, 4-1. Chair Gort: Okay, next. Commissioner Carollo: PZ.11 and 12, I think, are -- 12 and 13. Commissioner Sarnoff. You're right, it's never going to get past the County on this. Commissioner Carollo: It's two readings. There's two readings. Commissioner Sarnoff. Murals, remember when we did murals? Remember we had the enabling legislation to do it? Chair Gort: Let's take a real five; we'll be back in five. 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 City of Miami Page 153 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 D4.1 14-01117 D4.2 15-00441 D4.3 15-00735 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING THE FLORIDA FOURTH DISTRICT COURT OF APPEAL'S OCTOBER 15TH DECISION IN THE MATTER OF CITY OF HOLLYWOOD V. AREM RE: REDLIGHT CAMERAS. 14-01117 E-Mail - Discussion Item.pdf 14-01117 Back -Up Documents.pdf DEFERRED Note for the Record: Item D4.1 was deferred to the September 10, 2015 Regular Commission Meeting. Daniel J. Alfonso (City Manager): Commissioner Suarez? Chair Gort: Yes. Commissioner Suarez: Yeah. Mr. Alfonso: I think you have a -- Commissioner Suarez: I do. So we're deferring Ludlum Trail, in part, because of the Governor's veto. I got it. We're deferring Ludlum Trail, in part, because of the Governor's veto. I'm going to defer 4.1 as well for another 60 days -- actually, for the budget time; budget, September. Mr. Alfonso: September. DISCUSSION ITEM DISCUSSION REGARDING ACQUIRING PORTION OF LUDLAM TRAIL WITHIN CITY OF MIAMI BOUNDARIES. Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item D4.2 was deferred to the September 10, 2015 Regular Commission Meeting. DISCUSSION ITEM CALIFORNIA PILOT PROGRAM FOR VIRTUAL BUILDING INSPECTIONS. 15-00735 E-Mail - Discussion Item.pdf City of Miami Page 154 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 DISCUSSED Commissioner Suarez: D4.3 is -- it's in your packet. There's an article, and talking about the rapidity or lack thereof of government in looking at technology as a means to make things more smoothly. The concept of virtual building inspections where a building -- a contractor, an engineer can actually be at a site and can -- with their iPhone, FaceTime, you know, an interactive device, they can actually show a building inspector that's in the MRC (Miami Riverside Center) the work that's been done, and they can inspect it without actually having to be there physically. So it's something that's being done in other parts of the country. Obviously, it may not work for all kinds of construction, but I think, as a means of -- particularly, single-family home construction, where we see a lot of delays, particularly, in the Grove area -- I think we have the Grove Commissioner here -- and I get a lot of the complaints from architects, engineers, even developers and homeowners that are trying to build their home that things take a long time. I think we can do a lot of things now with these devices that we have that are very, very basic. I mean, everyone has them and -- I mean, if a pipe is -- if you're doing -- and I'm not, by any means, an expert. But, you know, if something -- if a toilet has been, you know, put in and you have a -- you know, you can show them that a toilet was done according to the Code, then maybe you can get signed off on that particular permit, as an example. So I don't know if you want to add anything to that, you know; what your thoughts are, and maybe how we can implement that program. Maurice Ponce: Good morning, Commissioners. Maurice Ponce, assistant director of Building Department. It's -- I researched in the last couple days. It's something that we would have to request the Florida Building Commission if it's an acceptable method of inspection, and we will do further investigate -- we will further look into the matter, and we'll get back to you on a later date. Commissioner Suarez: Thank you. And let me say that we have a great team in the Building Department. You know, Maurice is fantastic. Our Building director is great, you know, and so is our Planning director. But what happens oftentimes is just -- there's a lot of work. I mean, there's a lot of things going on in the City, which is great. And so we have to push ourselves to be innovative as a means of meeting that demand with a limited amount of resources. So we have a great team, and I don't want to, you know, give the impression in any, way, shape, or form that, you know, that we don't. I just -- you know, we're a victim of our own success, you know. Everybody wants to build here. Everyone wants to be here. And so, you know, that's, you know, why we're going to get this constant amount of attention in those departments, which is a good thing. Chair Gort: Let me add a little bit to that. I think most of the problems that we have -- and this could be maybe a pilot program, where you could begin is the small additions to homes and the small -- we have so many big contracts going on and so on that a lot of inspectors are taking care of those right away. A lot of the people, they don't pull a permit, because it becomes a problem to pull a permit for a small construction, addition to a home, a replacement of the bathroom, or creating a driveway, or putting up a fence; it becoming a major problem, so a lot of people are doing it on the weekend, because to get that permit, it becomes very troublesome. So I think this is something maybe we can begin as a pilot program. Mr. Alfonso: Mr. Chairman, Commissioners, we will definitely look at it, analyze it, see how we could work on it possibly; you know, make sure it fits with the Building Code. You know, smaller jobs, I think, is probably more feasible. I don't want to do a -- Commissioner Suarez: Yeah, that makes more sense. Mr. Alfonso: -- you know, $80 -- I mean, 80-story high-rise structure with a -- Commissioner Suarez: Yeah. City of Miami Page 155 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 D5.1 15-00785 NA.1 15-00860 Mr. Alfonso: -- you know, with an iPhone, but -- Commissioner Suarez: Small, single family. Mr. Alfonso: Right, right. Mr. Ponce: Not a problem. We'll -- Mr. Alfonso: Certainly something we can look at. Mr. Ponce: -- further look into the method of a visual inspection, okay? Chair Gort: Thank you. Mr. Ponce: Thank you. END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON DISCUSSION ITEM DISCUSSION REGARDING THE PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM. 15-00785 E-Mail - Discussion Item.pdf WITHDRAWN Chair Gort: We have to wait until 12 o'clock? Vice Chair Hardemon: No. Daniel J. Alfonso (City Manager): Commissioner Hardemon, are you going to do your discussion? Vice Chair Hardemon: No. That's on PACE (Property Assessed Clean Energy)? No. Chair Gort: What's the -- Omni was advertised as a 12 o'clock item. END OF DISTRICT 5 NON AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESPECTFULLY REQUESTING THE SOUTH CAROLINA LEGISLATURE TO REMOVE THE CONFEDERATE FLAG FROM ALL GOVERNMENT INSTALLATIONS AND FACILITIES WITHIN THE STATE OF SOUTH CAROLINA; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE City of Miami Page 156 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 GOVERNOR OF SOUTH CAROLINA, THE PRESIDENT OF THE SOUTH CAROLINA SENATE AND THE SPEAKER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES. Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0281 Commissioner Sarnoff Mr. Chair. Chair Gort: Thank you. Yes, sir. Commissioner Sarnoff Can I have a point of privilege? Chair Gort: Yes. Commissioner Sarnoff I'd like to bring a ore tenus motion; and if Commissioner Hardemon agrees, I'd like him to be -- to -- record to reflect for him to be the mover of it. I thought, by now -- I didn't think we'd need this, and I don't know of any other city that does -- has done this, so let me be candid. I think we should move to resolve to ask the South Carolina Legislature to remove the confederate flag -- just as our Governor Bush did very quietly, very silently when he was Governor -- just from public buildings; that it is inappropriate that it is supposed to -- that it is flown over governmental installations. That would be my motion. I can get into why it is. I will relieve you of that obligation of listening to me of why it's important. I think it's a symbol. I think we in the City of Miami are about inclusion, and I don't think that flag demonstrates inclusion. Chair Gort: Okay. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Vice Chairman, you're recognized. Vice Chair Hardemon: My Dear Commissioner, it's interesting that you bring that up to me today, because I was researching on whether or not -- or where Florida has these flags placed, and it was found to be interesting that we do have those flags placed. But it's been rather silent on this issue in the state of Florida, and I can't say that our senators or our representatives are not speaking about it, because they may be. I'm just not privy to that information at the moment, because I've been so busy with what we're doing here. However, just this morning, I tweeted something, and I don't Tweet a lot, but I tweeted, "The confederate flag doesn't need to be in a museum to be admired, whether it's stuffed in the back of an old racist man's closet. " And so those are my sentiments. And so I would definitely make that motion -- I mean, make that motion with your second. Commissioner Sarnoff And if you'd allowed me to be the seconder? Vice Chair Hardemon: Please. Chair Gort: Been a motion by Vice Chairman Hardemon; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Sarnoff And Mr. Chair, I hope we would send that through our astute and good City of Miami Page 157 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Clerk up to the South Carolina Speaker of the House and to the Governor. ToddB. Hannon (City Clerk): Expeditiously, yes, sir. Chair Gort: Thank you. NA.2 RESOLUTION 15-00861 A RESOLUTION OF THE MIAMI CITY COMMISSION CONDEMNING ANY AND ALL RACIALLY, CULTURALLY OR NATIONAL ORIGIN INSENSITIVE STATEMENTS MADE BY ANYONE WHO IS RUNNING FOR OFFICE IN THE UNITED STATES OFAMERICAINCLUDING THE OFFICE OF THE PRESIDENT. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0280 Chair Gort: Yes, sir. You're recognized. Mayor Tomas Regalado: No, I -- the Commission has been very proactive in addressing the needs of one community, the senior citizens, which is a huge community in our City. It has been very active in addressing the moral issue about what has been happening with the confederate flag and all that, and I think that's important. But there's still another issue hanging around, and I think it's important that we make a statement. Mr. Donald Trump has recently attack one community of the Hispanic community, the Mexican -American community, saying that all of them are drug traffickers and lazy people, and this has created a national uproar. Yesterday, I was in a luncheon of the Hispanic -- the Spanish American Chamber of Commerce, and Emilio Estefan had a very good speech about those statement made by Mr. Trump, saying that, you know, an attack on a community is an attack on all the Hispanic community in the U. S. (United States). And I, you know, since he's very close, and since he gets money from cities where Hispanics are majority, I would like to ask the Commission to reject those statement, if that is possible, because there should not be a potential presidential candidate that singles out one community in the United States, and I think that we all should declare those statement as something that is un-American for this country that has opened the arms to so many communities. I mean, he's just one of 15 republic. I am a Republican, but I don't consider him a true candidate. And I think that eventually, the local government should make a statement, especially because they -- I guess that he wants to bring Miss Universe to downtown Miami, and there will be an ask of money. Chair Gort: We can handle (UNINTELLIGIBLE), so don't worry about it. Mayor Regalado: So I just want to make that statement. And I would ask the Commission just to be on the record that those statements are not acceptable by any community that are part of the City of Miami. Chair Gort: Why don't you talk to the City Attorney and come up maybe with a resolution; bring it up this afternoon? Mayor Regalado: Very simple. Chair Gort: I mean, if you all agree. City of Miami Page 158 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Commissioner Suarez: (UNINTELLIGIBLE). Mayor Regalado: Very simple. We do not agree, we don't like, and we reject those racist comments. Commissioner Carollo: And any racist comments, for that matter. Chair Gort: Ms. Attorney. Mayor Regalado: And any racist comments. Commissioner Carollo: And any racist comments, for that matter. Victoria Mendez (City Attorney): As the Commission wishes, I can turn this into a resolution after you adopt it, or I can bring you a resolution in the afternoon; whatever you wish. Chair Gort: I'll let the attorneys hear about the expert -- Commissioner Sarnoff. A resolution of the City of Miami condemning any and all racially insensitive statements, culturally insensitive statements, national origin insensitive statements for anyone who supports public office, including the President of the United States. Commissioner Suarez: Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mayor Regalado: Thank you. Chair Gort: Thank you, Mr. Mayor. Mayor Regalado: He'll probably sue us, because he sues everybody, but -- Chair Gort: That's all right. He's been sued a lot, too, so no problem. Ms. Mendez: You have a great legal team. Chair Gort: Okay. At this time we have -- Mayor Regalado: We know that. Commissioner Sarnoff. A little slow. NA.3 RESOLUTION 15-00857 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING GRANT CommissionerKeon FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'S Hardemon ANTI -POVERTY INITIATIVE PROGRAM, ACCOUNT NO. 00001.980000.896000, IN A TOTAL AMOUNT NOT TO EXCEED $100,000.00, FOR A 2015 SUMMER YOUTH EMPLOYMENT AND FINANCIAL EMPOWERMENT PROGRAM ("PROGRAM"); AUTHORIZING THE CITY City of Miami Page 159 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 MANAGER TO IMPLEMENT THE PROGRAM, AFTER CONSULTATION WITH THE CITY ATTORNEY. Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0279 Victoria Mendez (City Attorney): I believe everyone got a copy of District 5 resolution? Chair Gort: Yes. Vice Chair Hardemon: So I'd like to start by saying, I know, typically, we don't have pocket items that address financial issues. In this one, I thought that the Commission would allow me to do so because they affect discretionary dollars that all of us will have, and that's the antipoverty dollars. And in seeing that we've just had some allocations today, this became an emergency, because we're trying to identify about 50 kids to put in a summer internship program with our Police Department, and we're pulling these kids from areas that are suffering from high levels of poverty, high levels of gun violence. And if not for a summer program as such, one, we would not be able to assist the families with the type of training that the kids need for jobs; two, we would not be able to put extra dollars into the households to help alleviate poverty; and three, we could leave them on the street to be subject to gun violence that occurs almost on a daily basis in certain areas. And so, with that being said, what I'm doing here is allocating about $100, 000, or up to an amount not to exceed $100, 000, to the Police Athletic League, and the Police Athletic League will help -- the Police Athletic League will take those kids in my community and put them through the summer internship program. And so -- and this program, the way that we -- the way that I've identified it, it fits directly into my Antipoverty Initiative. When I presented it before, I showed you that there were seven sections that I was looking into: One, promoting early childhood development; two, supporting disadvantaged youth; three, rebuilding resident skills; four, recognizing seniors' needs; five, municipal policy improvement; six, Florida criminal procedure; seven was economic development. So this one would fit under supporting disadvantaged youth under summer -- youth summer employment, and there'll be another proposal coming very soon with student vocational for a language mentoring programs . So as of today, with this item, I'd like to move to have these dollars placed in the PAL (Police Athletic League) account so that the kids can have the opportunity to work the summer internship program and be paid directly from that amount. Commissioner Suarez: Second. Chair Gort: There's a motion -- Commissioner Suarez: For discussion. Chair Gort: -- and there's a second. Commissioner Suarez: Second. Chair Gort: Now, my understanding is the ordinance state that if use any general funds, cannot be brought as a pocket item, but this is funding that been allocated to the district Commissioner at the expense -- at his pleasure. Ms. Mendez: Right. Normally, we do do -- we don't do allocations as pockets. Unfortunately, I did not tell the Vice Chairman that in order to just be able to disburse these that it would be better under a resolution, so it is not his fault that this is coming as a pocket. It was that -- it was City of Miami Page 160 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 a better form to bring it as a pocket item. So I apologize to the Vice Chairman, because he was not aware of that. But this is -- as you described it was already an allocation given to him. It is within his district and discretionary dollars, as all of you have, so it was just so that it could be on the record as to where it was going and -- Chair Gort: Okeydoke. Any further discussion? Commissioner Suarez: Yeah, real quick. Chair Gort: Yes, sir. Commissioner Suarez: You know, I want to commend the Commissioner, because we've worked together on the Poverty Initiative having sunshine meetings. And a big part of the reason why I was compelled to support setting aside these funds is because he convinced me that the crime issue in our inner city is not just a crime issue; it's not just a throw more police officers at it issue or have these good little -- cool little gadgets to make sure that we know where the shots are being fired, but that it's a social issue. And I think what's interesting about this initiative -- and it kind of compared favorably with the one that I advanced -- is that it combines employment; it combines the PAL program, which, by the way, is doing phenomenally well in the Overtown area, you know, with the football leagues at Williams Park. I was there the other day, and they have a beautiful program there. But it also connects kids with our Police Department at a young age so they understand, you know, what it is to be a police officer, why enforcing the law and upholding the law is important in our society and having an orderly society. And so we do so many things with this program where we're giving kids the right example, the right message, and we're employing them, which, of course, is extremely important, because we want to have them working and understanding what it is to save money and what it is to be a contributing member of their household financially. So I just -- you know, I commend him for this. And, you know, I love to participate in it in whatever way, you know, he wants me to. Vice Chair Hardemon: Thank you very much. Chair Gort: Thank you. Vice Chair Hardemon: And Mr. Chairman, and I must add that when I -- I went -- I walked into the Liberty Square community, and I remember when I pulled up there, most people thought that I was the police, because of course, I'm with my sergeant at arms and such, and I had to stand out on the corner where, typically, things that were not so favorable of happen. And as I stood there and continued to talk to the people that typically would be a part of that type of activity, and they understood what I was doing, you could see the mobilization of people that would start to come around. And within one day, they had a list of 40 kids available to be a part of this program. So this is something that we would actually want to use to touch every single child that we can in that community. And it's borne not of -- through some process from the federal level -- Commissioner Suarez: Yeah. Vice Chair Hardemon: -- on a level where they're not in touch with the children, but on a level where the people who are there actually know who the kids are, and need the most help, and are giving the recommendations to us. So I think that this will be a good thing, especially in Liberty Square during this hot summer. Commissioner Suarez: Awesome. Chair Gort: I think the allocations that have been made by you all, and the ones that going to be making are very important, because the kids are the future. I mean, this is the people we got to work with. This is the one we got to help them, let them know that they have a future in life. City of Miami Page 161 Printed on 7/20/2015 City Commission Meeting Minutes June 25, 2015 Okay, any further discussion? Being none, all in favor, state it by saying Ewe." The Commission (Collectively): Aye. Chair Gort: DI 1. Ms. Mendez: I wanted to note -- I'm sorry, Chairman. I wanted to note for the record that it passed by a four -fifths, since PAL is assisting the Administration in order to implement this. Thank you. Chair Gort: Thank you. ADJOURNMENT The meeting adjourned at 8: 06 p.m. City of Miami Page 162 Printed on 7/20/2015