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Home My WebLink AboutCC 2015-07-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 23, 2015 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chair Keon Hardemon, Vice Chair Marc David Sarnoff, Commissioner District Two Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes July 23, 2015 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA - PERSONAL APPEARANCE PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS AC - ATTORNEY -CLIENT SESSION 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 8/31/2015 City Commission Meeting Minutes July 23, 2015 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo and Vice Chair Hardemon Absent: Commissioner Suarez On the 23rd day of July 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 9:02 a.m., recessed at 12: 01 p.m., reconvened at 2: 04 p.m., recessed at 2: 05 p.m., reconvened at 2: 59 p. m., recessed at 6: 23 p. m., reconvened at 6: 36 p.m., and adjourned at 7: 34 p.m. Note for the Record: Vice Chair Hardemon entered the Commission chamber at 9:25 a.m., and Commissioner Carollo entered the Commission chamber at 9:44 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Good morning. Welcome to the July 23 meeting of the City of Miami Commission at these historic chambers. The Member [sic] of the City Commission is Frank Carollo, Francis Suarez, Marc Sarnoff, Vice Chairman Keon Hardemon, and myself Chairperson Wifredo Willy" Gort. Also on the dais, we have Danny Alfonso, City Manager; Victoria Mendez, City Clerk [sic]; and attorney -- the -- Todd Hannon, City Clerk. Todd, okay. At this time, we're going to stand for the invocation and the pledge of allegiance. The pledge of allegiance will be by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 15-00911 PRESENTATION Honoree City of Miami Neighborhood Service Workers and Outreach Specialists Office of Management and Budget Summer Youth Employment Program Participants City of Miami Employees 25, 30 and 35 year service milestone Alice N. Bravo Presenter Protocol Item Mayor Regalado Certificates of Appreciation Mayor Regalado GFOA Distinguished Budget Award Mayor Regalado Certificates of & Commissioners Recognition City Manager Service Award Mayor Regalado Commendation City of Miami Page 3 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 & Commissioners 15-00911 Protocol.pdf PRESENTED 1) Mayor Regalado, Commissioners and City Manager Alfonso presented Certificates of Appreciation to City of Miami Neighborhood Service Workers and Outreach Specialists; recognizing their service and dedication to the residents as Neighborhood Service Workers of the Neighborhood Enhancement Team (NET), applauding them for their use of outstanding skills and knowledge in their conscientious commitment to elevating the quality of life in the City; and paying tribute to their outstanding professionalism and devoted service. 2) Mayor Regalado and Commissioners presented Certificates of Appreciation to all of the 2015 Summer Youth Employment Program participants in the City of Miami; paying tribute to their outstanding professionalism and devoted service to the people of Miami. 3) City Manager Alfonso congratulated the Budget Department staff for earning the Government Finance Officers Association (GFOA) Distinguished Budget Presentation for Fiscal Year '14-15; furthermore recognizing the department for receiving this award of excellence after a hiatus of several years. 4) City Manager 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. 5) Mayor Regalado and Commissioners presented a Certificate of Commendation to Alice N. Bravo, who ends her tenure as Deputy City Manager; recognizing her for her commitment to a stronger Miami as she continues to give untiringly of herself in order to make a difference in the City of Miami and to elevate the quality of life for all of the community. Chair Gort: We have quite a few proclamations to thank our employees. Please sit down. At this time, Mr. Manager, you're going to be -- who's going to be handling the NET (Neighborhood Enhancement Team) Office? Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon Chair Gort: We have anything else in here? PZ (Planning & Zoning). There's people here waiting for a long time to speak. Victoria Mendez (City Attorney): Actually -- oh. Chairman, I have stuff to read later, so just to remind you. Chair Gort: For the special -- yeah. We also need the minutes -- I need a motion on the minutes. City of Miami Page 4 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 MAYORAL VETOES ORDER OF THE DAY Commissioner Carollo: So move. Chair Gort: Been moved by Commissioner Carollo; second by Commissioner Sarnoff. Commissioner Sarnoff.. Second, sorry. Chair Gort: All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thankyou. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: Mr. Clerk, do we have any veto? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Okay, thank you. Chair Gort: Madam Attorney. Victoria Mendez (City Attorney): Thank you, Chairman. Good morning. Welcome to the July 23, 2015 meeting of the City of Miami Commission. We will now begin the procedures to be followed No cell phones, other noise -making devices are permitted in the chambers; please silence those now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to the speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be followed -- allowed in the Commission chambers. Any person with a disability requiring auxiliary aids, assistance, 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. Chair Gort: Thankyou. Later... Chair Gort: Mr. Manager. Daniel J. Alfonso (City Manager): Good morning -- Chair Gort: (UNINTELLIGIBLE). Mr. Alfonso: -- Mr. Chairman and Commissioners. We would like to withdraw item PH.9; defer to September 10 items RE. 6 and RE.9; and continue to September 24 item RE.10. Chair Gort: That's it? Mr. Alfonso: That's it for now. There are some PZ (Planning & Zoning) items in the afternoon, City of Miami Page 5 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 but that'll be after 2 p.m. Chair Gort: Okay. Any of the Commissioners, any item would like to be withdraw or continue? Seeing none, okay. Do we have a motion --? Do we need a minutes -- Todd B. Hannon (City Clerk): If you would like to take a motion on your withdraw, deferral, and continuance first, you may do so. Chair Gort: Do so, yes. Do I have a motion? Commissioner Carollo: So move. Chair Gort: Been moved by Commissioner Carollo. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor state it by saying -- Mr. Alfonso: Yes, PH.9. Yes, Commissioner; PH.9. Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Later... Commissioner Sarnoff. FR.1. Mr. Alfonso: Mr. Chairman and Commissioners, I believe that FR.1, 2, 3, and 4 will be heard together with the PZ (Planning & Zoning) items that are related to them. Mr. Garcia: We would recommend that, certainly. And again, just to restate what the Manager said FRs.1, 2, 3, and 4 form, if you will, a bundle of regulatory actions that will best be heard together. Vice Chair Hardemon: Okay. But I would -- Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: I would like to say that for us to do that, we still would have to be in the Commission meeting, and we will have to -- I think we have to get out of the Commission meeting to go into the PZ items. What I'm saying is this: We -- if we do that, then we'll have to do this, and then go directly into the PZ items at that time, right? Mr. Garcia: No, sir. I believe what we're asking for -- and I'll defer to the City Attorney's Office, as appropriate -- is that these four FR (first reading) items be heard alongside with the PZ items that pertain to the Wynwood area. So as to what (UNINTELLIGIBLE) -- Ms. Mendez: Right. So when we go into the PZ items later, we hear these FRs at that time, after. Vice Chair Hardemon: So we can hear these items in the PZ -- City of Miami Page 6 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Ms. Mendez: Right. Chair Gort: Right. Ms. Mendez: Yes. Chair Gort: That's the request. That's FR.1 -- Mr. Alfonso: FR -- Mr. Garcia: One through 4 -- Mr. Alfonso: One through 4. Chair Gort: One through 4. Later... Chair Gort: Mr. Manager, I apologize, but I lost the -- I know we deferred some of the items, but I lost the -- which item are we deferring? Mr. Alfonso: We're now in "R" -- oh, I'm sorry; which items we deferred? Chair Gort: Yes. Vice Chair Hardemon: RE.6, RE.9, and RE. 23. Chair Gort: RE. 6 and RE.23? Vice Chair Hardemon: RE.6 -- Mr. Alfonso: RE.6 was deferred. Vice Chair Hardemon: Oh, RE.6, RE.9, and RE.10. I apologize; 6, 9, and 10. He's asking which items were deferred. It was RE.6 -- Mr. Alfonso: RE.6. I think -- Vice Chair Hardemon: -- RE.9. Mr. Alfonso: -- it was PH.9 and -- Mr. Hannon: Commissioners? Chair Gort: Yeah. Mr. Hannon: From the REs (resolutions) -- Chair Gort: Need a motion. Mr. Hannon: -- RE.6 has been deferred to September 10; RE.9 was deferred to September 10; and RE.10 has been deferred to September 24. That's for the REs. Chair Gort: Thank you. City of Miami Page 7 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Mr. Alfonso: Thank you, Todd. Chair Gort: Appreciate it. City of Miami Page 8 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 CA.1 15-00811 City Manager's Office CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION NOMINATING MS. VANESSAACOSTA, MS. ARVA MOORE PARKS, MS. JACQUELINE M. ZELMAN, AND MR. KEVIN KIRWIN TO THE MIAMI-DADE COUNTY PUBLIC LIBRARY ADVISORY BOARD IN COMPLIANCE WITH MIAMI-DADE COUNTY CODE SECTION 2-195; FURTHER DIRECTING THE CITY CLERK TO TRANSMITACOPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. 15-00811 Summary Form.pdf 15-00811 Legislation.pdf 15-00811 Back -Up from Law Dept.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0307 CA.2 RESOLUTION 15-00801 Department ofPolice A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED MAY 27, 2015, PURSUANT TO INVITATION FOR BID NO. 497334, FROM ADORAMA CAMERA, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, IN THE AMOUNT OF $79,994.62, FOR THE PURCHASE OF CRIME SCENE INVESTIGATION CAMERA EQUIPMENT FOR THE POLICE DEPARTMENT, CRIME SCENE INVESTIGATION UNIT; ALLOCATING FROM ACCOUNT NUMBERS 664000 AND 552000. 15-00801 Summary Form.pdf 15-00801 Bid Response.pdf 15-00801 Invitation for Bid.pdf 15-00801 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0308 CA.3 RESOLUTION 15-00799 Department ofPolice A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE MUTUALAID AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE FOLLOWING MUNICIPALITIES: TOWN OF BAY HARBOR ISLANDS, VILLAGE OF EL PORTAL, CITY OF HIALEAH GARDENS, INDIAN CREEK VILLAGE, TOWN OF MEDLEY, CITY City of Miami Page 9 Printed on 8/31/2015 CA.5 15-00800 Department of Parks and Recreation CA.4 15-00798 Department of Police City Commission Meeting Minutes July 23, 2015 OF MIAMI SPRINGS, CITY OF SUNNY ISLES BEACH, TOWN OF SURFSIDE, BAL HARBOUR VILLAGE, FLORIDA CITY, VILLAGE OF BISCAYNE PARK AND VILLAGE OF VIRGINIA GARDENS, TO RECEIVE AND EXTEND MUTUALAID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATELY TO RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURALAND MAN-MADE DISASTERS OR EMERGENCIES AS DEFINED IN THE FLORIDA MUTUALAID ACT, PURSUANT TO PART 1, CHAPTER 23 OF THE FLORIDA STATUTES. 15-00799 Summary Form.pdf 15-00799 Back -Up from Law Dept.pdf 15-00799 Legislation.pdf 15-00799 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0309 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, ESTABLISHING ACCOUNTING AND AUDITING PROCEDURES THAT TRACK THE USE OF E911 FUNDS RECEIVED BY THE CITY IN ACCORDANCE WITH CHAPTER 365, FLORIDA STATUTES, MORE SPECIFICALLY, SECTION 365.171 THROUGH SECTION 365.175, RELATING TO THE EMERGENCY COMMUNICATIONS NUMBER E911 ACT. 15-00798 Summary Form.pdf 15-00798 Back -Up from Law Dept.pdf 15-00798 Legislation.pdf 15-00798 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0310 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE PROCUREMENT OF LAWN EQUIPMENT, ORIGINAL EQUIPMENT MANUFACTURER REPLACEMENT PARTS AND REPAIR SERVICES, FROM VARIOUS VENDORS, FOR THE DEPARTMENTS OF PARKS AND RECREATION AND PUBLIC WORKS, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UTILIZING City of Miami Page 10 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 THE COMPETITIVELY BID AND EXISTING CONTRACT OF MIAMI-DADE COUNTY, FLORIDA ("COUNTY"), BID CONTRACT NO. 6879-0/18, EFFECTIVE THROUGH NOVEMBER 30, 2018, SUBJECT TO ANY RENEWALS, EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE END -USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 15-00800 Summary Form.pdf 15-00800 MDC Contract.pdf 15-00800 Back -Up from Law Dept..pdf 15-00800 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0311 CA.6 RESOLUTION 15-00820 Department of Capital Improvement Programs/Transportat ion CA.7 15-00816 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE CONTRACT WITH MAGGOLC, INC. FOR THE PROVISION OF NW 18TH PLACE ROADWAY IMPROVEMENTS D3, IN AN AMOUNT NOT TO EXCEED $94,765.12, THEREBY INCREASING THE TOTAL CONTRACT VALUE FROM $352,348.79 TO AN AMOUNT NOT TO EXCEED $482,348.79, INCLUSIVE OF $35,234.88 FOR THE CONTINGENCY ALLOWANCE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES; ALLOCATING FUNDS FROM THE DESIGNATED CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGET. 15-00820 Summary Form.pdf 15-00820 ITB - Invitation to Bid.pdf 15-00820 Legislation.pdf 15-00820 Exhibit - Amendment #1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0312 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS AUTHORIZING A RENT CREDIT IN THE AMOUNT OF $50,000.00, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS FOR THE CASE OF THE CITY OF MIAMI VS. GROVE KEY MARINA, INC., PENDING IN THE CIRCUIT COURT IN AND City of Miami Page 11 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 FOR MIAMI-DADE COUNTY, CASE NO. 13-12967 CA 04, PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT AND RELEASE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 15-00816 Memo - Office of the City Attorney.pdf 15-00816 Legislation.pdf 15-00816 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0313 Adopted the Consent Agenda PA.1 15-00762 Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez END OF CONSENT AGENDA Chair Gort: Do I have motion on the consent agenda? Commissioner Sarnoff So move. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Sarnoff second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. PERSONAL APPEARANCE PRESENTATION STATE REPRESENTATIVE JOSE FELIX DIAZ, VICE -CHAIR OF THE MIAMI-DADE DELEGATION, TO ADDRESS THE MIAMI CITY COMMISSION. PRESENTED Chair Gort: At this time, I'd like to recognize State Representative Pepi Diaz, and we left you for last because you're going to bring us some good news, and some of the work (UNINTELLIGIBLE), but at the same time, I want you to see the City, how it functions, and its residence, and the things we work together. Representative Jose E. Diaz: Absolutely. And thank you for -- Commissioner, for having me. I was asked to just briefly come and give a discussion on last year's session, and I actually wanted to start off with a stove, if you'll indulge me, which is, a guy goes -- City of Miami Page 12 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: Pepi, can you hold a minute, please? Can we get the Commissioners in here? This was requested by all the Commissioners; I want to make sure they're all here. Representative Diaz: It's okay. Chair Gort: Representative, my understanding is the -- Commissioner Suarez is not going to be in today; he's traveling. So I imagine the other two Commissioners busy, so I don't want to keep you any longer than what you have to. Thanks. Representative Diaz: It's okay. But -- so I was just going to start a funny stoty that I heard the other clay, which reminded me of Tallahassee. So a guy for the first time in his life gets invited to go to Europe, and the reason he's afraid to go is because he has a cat back home and he has his grandmother, and he convinces one of his friends to take care of his cat and his grandmother. So he goes to Spain. He calls his friend and says, I'm going to call you every day just to see how my cat and my grandmother are doing. "So on the second day, he calls his friend, and his friend tells him, f have bad news. Your cat died "And the guy goes, You know what? I've been looking forward to this trip my whole life. I never been to Europe. How can I call and you tell me that my cat died? You're a terrible friend. You should tell me instead that my cat climbed a stair and got stuck there; and then I call you the second day, and you tell me the cat's still stuck on top of the stairs; and then the third day, I call you, you tell me the cat fell; and then the fourth day, you tell me the cat's in the hospital. And by the time I come back, you tell me in person, and everything will be okay. "And the guy tells him, Well, I have some other news. 'And he says, Yeah, what happened? "He goes, Well, your grandmother climbed up the stairs and she's stuck up there." And the reason I say that -- the moral of the story is sometimes you start off talking about how great session was, and sometimes you start off talking about grandmother stuck on the stairs, because it was not a great session. We had a lot of projects that we put into the budget for the City of Miami that were, unfortunately, vetoed, but we also had some projects that were not vetoed We did put a lot of money into Sylvester, $16 million for cancer research; money into the League Against Cancer, which I know is important to the Chairman. We did get some money for the River Commission; some money for the Epilepsy Foundation; and a lot of money for local projects. But going into next year, as you come up with your agenda, as the Vice Chairman of the Delegation, I'd like to say that we'd love to continue working together and making sure that we work on things, like the revolving loan program for the River Commission; that we work on great projects together, because Tallahassee's in mayhem right now. We're about to go up next month for redistricting, and redistricting is going to be an interesting process. I actually got to serve on the last redistricting committee, and that could affect our residents here. It could affect our representation both on the congressional level, and then the rumor is -- or the conventional wisdom in Tallahassee, that we will be going up for redistricting for the Senate, as well, as early as September/October. We are going to have a lot of the same battles that we had last year. There's a fight between the House and Senate; between (UNINTELLIGIBLE) -- you know, working on hospital costs and expanding Medicaid. There are things that we're working on as a delegation, like expansion of KidCare to kids of immigrants who have not been in our country for five years; something that I've been supportive of the last few years. And we have other important topics, like affordable housing, which mattered to all your districts, where we're trying to get significant funds. This year we did get north of a $150 million for new projects, which should benefit this community greatly. So I know you have a busy agenda. I just wanted to touch base and let you know that our Delegation has stood together this year. We look forward to doing that again next year. And rather than bore you with questions, I have a good relationship with all of you. If you need anything from me, let me know. I will let you get back to your agenda. Chair Gort: Thank you very much. Thanks. Any questions? Representative Diaz: Does anybody have any questions? City of Miami Page 13 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: I have a question, ifI may? Chair Gort: Yes, go ahead. Commissioner Carollo: Welcome. Representative Diaz: Thank you. Commissioner Carollo: Good seeing you again. Representative, you mentioned different vetoes, and I want to focus on one veto in particularly [sic], not necessarily this session, but the previous session -- Representative Diaz: Okay. Commissioner Carollo: -- where -- I mean, I think it's fair to say that most South Florida municipalities and the counties actually faired off very well. The one issue that actually passed Legislature and was vetoed was one that you and I actually spoken about and you pretty much let me know that, "Hey, you know, it's assumed you're close with leadership that it was going to make it and not be vetoed" However, it was vetoed. There was not much talk about it. And I'm sure you know it's Museum Park. Representative Diaz: Yeah. Commissioner Carollo: We were able to go through the Legislature, the Senate, and the House, and passed, I think it was, a million dollars for Museum Park. However, it was one of the few items that year that was vetoed, and I was actually surprised I don't that think it got much coverage, butt was wondering if you had any insight with that? Representative Diaz: The Governor's Office is interesting. You know, we give them our list of priorities, as legislators, and they try to be as fair with their vetoes as possible. But the last couple years have been anomalies. I mean, there are projects that we fully expected to pass that didn't, and I wish that there was a rational explanation sometimes. I mean, I've been very public about my heartburn about some of these vetoes, in particular this year. I know that -- we're going back two years, but this year there were a lot of programs that got vetoed that affected the City. There was money for the Design District. There was money for Marine Stadium. There was money for the Boat Show. There was money for water projects that were vetoed. And the biggest problem I saw going through it was that because the budget wasn't passed on time -- the Governor's Office had four days to pass a budget. And as many of us were calling -- I called ad nauseam -- they weren't able to return them all in time. So, you know, as hard as we tried to put stuff in the budget -- getting something in the budget is never easy. That's the one assurance that we can make that, you know, I think we'll be able to get this in the budget, and I think it should survive veto, but, you know, you work in a legislative body as well; sometimes the veto happens for reasons that you and I will never find out about. And, you know, my pledge to this Commission is that if there is an item like that in particular that you want me to look into, I will go to the deepest caverns in Tallahassee to see if they give me a rational answer, but sometimes there isn't one. It's an $80 billion budget, and for them, you know, vetoing $450 million involves a lot of local projects. Chair Gort: Thank you. Thank you for coming down. Representative Diaz: Thank you. City of Miami Page 14 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Vice Chair Hardemon: I have one thing. Chair Gort: Wait a minute. Vice Chair Hardemon: Mr. Representative, I just wanted to apologize to you, because my office erred They were supposed to set up a meeting between you and I this -- like Monday or Tuesday, or something of that nature. Representative Diaz: Okay. Vice Chair Hardemon: And so, just yesterday I was look -- I was wondering what happened; looked at my schedule, and I realize they set it for next week, which doesn't really make sense to me. Representative Diaz: That's okay. Vice Chair Hardemon: So we'll be in contact, okay? Representative Diaz: Yeah. But I think we're meeting next Tuesday or -- Vice Chair Hardemon: (UNINTELLIGIBLE) for next Tuesday. Representative Diaz: We'll figure it out. Vice Chair Hardemon: We may work something else out. Representative Diaz: Thank you. Okay? Vice Chair Hardemon: Thank you. Chair Gort: Thank you. END OF PERSONAL APPEARANCE PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 15-00775 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AMENDING THE EMERGENCY SOLUTIONS GRANT Economic HOMELESS PREVENTION AND RAPID RE -HOUSING POLICIES; Development AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-00775 Summary Form.pdf 15-00775 Notice to the Public.pdf 15-00775 Pre-Legislation.pdf 15-00775 Legislation.pdf 15-00775 Attachment A.pdf City of Miami Page 15 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, 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-15-0314 Chair Gort: PH.1. George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. PH.1 is a resolution of Miami City Commission, with attachments, amending the Emergency Solutions Grant Homeless Prevention and Rapid Re -Housing Policies; and authorizing the City Manager to execute the necessary documents. Chair Gort: Thank you, sir. It's a public hearing. Is anyone in the public would like to address PH.1 ? Anyone in the public? Seeing none, hearing none, discussion. Motion. Commissioner Carollo: Move it. Chair Gort: Moved by Commissioner Carollo. Is there a second? Commissioner Sarnoff: Second Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. PH.2 RESOLUTION 15-00777 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and CITY MANAGER TO TRANSFER COMMUNITY DEVELOPMENT BLOCK Economic GRANT FUNDS IN THE AMOUNT OF $50,000.00 ORIGINALLY ALLOCATED Development TO ACTION CENTER FOR COLLEGE EDUCATIONAL SERVICES AND SCHOLARSHIP FOUNDATION, TO SOUTH FLORIDA PROGRESS FOUNDATION, INC. FOR THE CONSTRUCTION OF A BUSINESS CENTER AT MIAMI NORTHWESTERN HIGH SCHOOL, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-00777 Summary Form.pdf 15-00777 Notice to the Public.pdf 15-00777 Pre-Legislation.pdf 15-00777 Legislation.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-15-0315 Chair Gort: PH.2. City of Miami Page 16 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 George Mensah (Director, Community and Economic Development): PH 2 is a resolution of Miami City Commission authorizing the City Manager to transfer CDBG (Community Development Block Grant) funds in the amount of $50, 000 originally allocated to Action Center for College Educational Services and Scholarship Foundation, to South Florida Progress Foundation, and this for the construction of business center in Miami Northwestern High School. Chair Gort: Thank you. Public hearing. Is anyone in the public would like to address this issue? Anyone in the public? Seeing none, hearing none, public hearing is closed. Do I have a motion? Commissioner Sarnoff. So moved. Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Sarnoff second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying Lye. The Commission (Collectively): Aye. PH.3 RESOLUTION 15-00788 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "DERBY SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLATAND ACCEPTING AN EASEMENT FOR EMERGENCY AND OVERSIZED VEHICLES; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 15-00788 Summary Form.pdf 15-00788 Notice to the Public.pdf 15-00788 Legislation.pdf 15-00788 Attachment 1.pdf 15-00788 Exhibit A.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, 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-15-0316 Chair Gort: PH.3. Juvenal Santana: Good morning, Commissioners. Juvenal Santana, Assistant director of Public Works Department. PH.3 is a resolution of the Miami City Commission accepting the final plat for the Derby Subdivision. This is a property abutting the Biscayne Bay, adjacent to Northeast 29th Street. City of Miami Page 17 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: Okay, thank you. Public hearing. Anyone in the public would like to address this issue? Anyone in the public? Yes, ma'am, you're recognized. Renita Holmes: Good morning, Commissioners. Madam Holmes, Overtown resident, business owner. In the dedication of this plat, this property in this whole process for the World Trade [sic] Center. Speaking for those who hardly ever speak in regards to transfer of properties in this whole process, I, for one, am glad that we're making progress. However, under the conditions in the agreement, I question. I question because, as a resident and as an African -American woman in this process, I have one thing particularly that I owe, and that is a standard of participation and a standard of respect from those who are doing business or those who have been allocated funds to represent me. I do not believe that this is a transaction that wholeheartedly is given when I can't speak about it, when I'm directly impacted by it. Mr. Chair, I am asking the City Manager, are we giving organizations and their representatives simply because of their religious status? Are we playing secular favor? And that's some ethics questions, because in trying to reach your office, as an organizer, as a business owner, as a resident, I have found there have been some violations of some civil liberties; and in my attempt to report it, I have ran into impediments with the Police Department. I've been forward to the Clerk's Office copies of police reports. This is not the way you do; this is not how I'm guaranteed that giving away public property and having public hearings and public participation. I would like to ask you, through the Chair, if I may, and to my Commissioner, whom I have spoken to and may be fully aware, when are we going to stop giving special privileges to folks simply because of who you are or because of who they say they am [sic]. They don't represent me. And what can I do about the violations of my civil rights by these individuals that are receiving funds of participating in this federally funded transitional -- of this property or whatever this development is? I find no human development in it, and that's my concern. I'm making a formal complaint standing here today that no woman in Overtown, no Commissioner, no one should go to a public hearing at the County or here and be intimidated by those who are receiving funds in regards to this plat. This is my complaint. This is my civil concern. And this is something that I think I would like you to address as soon as possible. Chair Gort: Thank you, ma'am. Any further discussion? Anyone else from the public? Seeing none, hearing none, we close the public hearing. Do I have a motion? This is a plat, gentlemen. Daniel 1 Alfonso (City Manager): Yes, Commissioner -- Mr. Chairman, this is plat -- PH.3, actually, is what it was. This is a plat that -- for property located on Northeast 29th Street, adjacent to Biscayne Bay. Chair Gort: Correct. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I'm going to ask a question of our City Attorney. It's the same question that I ask every time or, basically, every time a plat comes before us. Madam City Attorney, if the company has met all the requirements with the different departments, can this City Commission vote against the plat, or must we vote in favor of the plat? Victoria Mendez (City Attorney): This is ministerial. On behalf of the City Commission, once all the technical requirements have been met, basically, the plat can be accepted So there's really no wiggle room when all the technical requirements have been met. Commissioner Carollo: With that said, I make a motion to move PH.3. Chair Gort: It's been moved -- City of Miami Page 18 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Commissioner Sarnoff Second Chair Gort: -- by Commissioner Carollo; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. PH.4 RESOLUTION 15-00723 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MIAMI WORLDCENTER PLAT 1", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLATAND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 15-00723 Summary Form.pdf 15-00723 Notice to the Public.pdf 15-00723 Legislation.pdf 15-00723 Attachment 1.pdf 15-00723 Exhibit A.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0317 Chair Gort: PH.4. Juvenal Santana (Assistant Director, Public Works): PH.4 is a resolution of the Miami City Commission, accepting the final plat for the Miami Worldcenter Plat 1. This is a property located between Northeast 1 stAvenue and Northeast 2nd Avenue, between the EEC (Florida East Coast) Railroad Corridor on the south end; to the north, Northeast 10th Street. Chair Gort: Thank you, sir. It's a public hearing. Is anyone in the public would like to address this one issue, PH.4, a plat? Renita Holmes: Again, excuse me, Commissioner. Todd B. Hannon (City Clerk): Chair -- Madam Holmes, I do have speakers who are signed up, but -- you know, that already signed up. Ms. Holmes: I know. I just want to correct myself. Mr. Hannon: No problem; we'll get to it. The first person I have signed up for item PH.4 is Nitin Motwani. City of Miami Page 19 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Nitin Motwani: Mr. Chair, Commissioners. We just want to thank the staff; has been working with our team very diligently on this process. Chair Gort: Address? Mr. Motwani: I'm sorry? Chair Gort: Address. Mr. Motwani: Nitin Motwani, 100 Southeast 2nd Street, Suite 3510, Miami, 33131. Just want to thank the entire staff for working very diligently with us to get here today; appreciate your consideration. Thank you. Chair Gort: Thank you. Next. Ryan Bailine: Good morning. Ryan Bailine, with offices at 333 Southeast 2nd Avenue, here on behalf of the applicant. Echoing our client's comments, I just wanted to thank everyone in the Public Works Department. I know the director's not here today. It's been a tremendous amount of work that everyone's put in, particularly over the last three or four weeks. We're very excited. Hopefully, we can get it signed internally, and over to the County, and get this thing recorded as soon as possible. If there are any questions, we have our engineers, surveyors, anyone who has been involved in this process here, and they can answer any questions that you may have. Thank you. Chair Gort: Thank you. Anyone else? Anyone else? Ms. Holmes: Rocky start, my bad Excuse me; I'd like to reiterate that, ditto, or whatever the case may be. I don't know the procedure, Mr. Clerk, Mr. Chair, in regards to plat, PH.4. My comments, and my complaints, and my concerns are regards to the World Trade [sic] Center Plat and the World Trade [sic] Center Development process. Again, for the record, for the public record and for the hearing, I am filing a complaint to you directly about the interactions. And I know there have been some agreements made and some activities in Overtown when it comes to union activities. This is my complaint. I know that there have been some payments made of public funds to organizations and representatives thereof and I question that. And I guarantee you, as I stand here today, as a woman who does not believe in violence, but surely believes in participation, and my basic civil rights of freedom of speech, I am making it publicly known that there are individuals we are paying that are violating women's rights, that are violating the rights of speech, that are violent and hostile. And so as a taxpayer, I question, Commissioner, why are we paying people that are making attacks upon those of us that are residents or professionals of an area, or as the representatives thereof? I ask that my Commissioner takes a great look at this. I ask that you address this. And I'd like to know if there are any other type of appeals within this system or within this City that residents have when they are attacked by persons who are paid with public dollars. Are there any ADA (American With Disabilities Act) accommodations or any other things like that? Because getting to my Commission -- my City Manager's office has been difficult, and some of them have actually been your staff so I'd like to address that. If we're going to give away public land and it's going to be in my neighborhood, and I'm told a citizen, I want to know why I'm under attack. I'm doing my best to come here and be transparent. I have not found that in this process. I filed this complaint locally, I filed this complaint with the State, and I've already filed with the Federal Government. But it's not so much it's a complaint; it's a concern. This is not the way we do things when we transition property. This is not the way we get people to represent me. I feel intimidated, I feel harassed, and I feel retaliated against as a former complainant with the Federal Government in regards to federal processes and into organizing. City of Miami Page 20 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: Thankyou. Ms. Holmes: As a matter of record, my name again is Madam Renita Holmes; address, 350 Northwest 4th Street. You can get me there any time. Chair Gort: Thank you, ma'am. Next. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. Many of you doesn't -- don't agree with Ms. Holmes, but she's right, she's right. Because she's about the only person here from the City that goes to the County Commission and fight with them. She's not intimidated by the County. Many people are intimidated by the County. I am not intimidated by the County, or by the City, or anybody. None of them intimidates me, because I am free. I receive plenty of money that you taxpayer pay -- that pay me, veteran with disability, everything. I don't have to work. I have the time to come here and bug all of you, and tell you whatever is right. And Ms. Holmes, she's right. She's very right in what she say about that. And she's the one that goes to the County Commission, because I've seen her at the County Commission fighting there with the Commissioner. Thankyou very much. Chair Gort: Thank you, sir. Anyone else? Close the public hearings. Do I have a motion? Commissioner Carollo: Move it. Discussion. Chair Gort: Moved by -- Commissioner Sarnoff. Second Chair Gort: -- Commissioner Carollo; second by Commissioner Sarnoff. You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. It's going to be the same question that I asked previously in PH.3 of the City Attorney. Once the company follows all the requirements in the re plat, must we allow them to re plat? Victoria Mendez (City Attorney): Yes. But my understanding is that there's -- certain annotations need to be read into the record, either by their attorney or by staff, that are going to be placed on the plat. Mr. Santana: The recommendation from the attorney's office was that the applicant would be reading that minor change into the record. Ms. Mendez: Okay. Mr. Bailin: Good morning, again. Ryan Bailine, 333 Southeast 2nd Avenue. The annotation is as follows: "An express purpose of this plat is to abandon, eliminate, and discontinue the Limited Access Right of Way Line shown on that certain Miami -Dade County Right -of -Way Map, recorded in Plat Book 124, at Page 65 of the public records of Miami -Dade County." And underneath -- on the portion of the plat where Miami -Dade County often puts restrictions, it is as follows: "Access to and from Tract 4 rom Northeast 2nd Avenue lying outside of dedicated access and/or ingress and egress easements is subject to the approval of Miami -Dade County" And I provided this in writing to the City Attorney. Ms. Mendez: Okay. Mr. Bailine: Thank you very much. City of Miami Page 21 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 PH.5 15-00877 District 2- Commissioner Marc David Sarnoff Ms. Mendez: Thank you. So all the technical requirements, my understanding, have been met from the Public Works Department, and these were annotations that needed to be read into the record to be placed on the plat. So, thank you. Chair Gort: Okay. Any further discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER AN ADVERTISED PUBLIC HEARING, SUPPORTING TRAFFIC FLOW MODIFICATIONS ON DAY AVENUE BETWEEN DOUGLAS ROAD (SOUTHWEST 37TH AVENUE) AND VIRGINIA STREET, MIAMI, FLORIDA, WHICH INCLUDES THE INSTALLATION OF TRAFFIC FLOW MODIFICATIONS, INCLUDING, BUT NOT LIMITED TO, SPEED HUMPS, SPEED TABLES, OR ANY OTHER TRAFFIC FLOW MODIFICATION THAT MAY BE APPROVED BY THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT TO CONSIDER APPROVAL OF THE PROPOSED TRAFFIC FLOW MODIFICATIONS PURSUANT TO MIAMI-DADE COUNTY CODE SECTION 2-96.1. 15-00877 Notice to the Public.pdf 15-00877 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0319 Chair Gort: PH.5. PH.5. Commissioner Sarnoff PH. S, Mr. Chair, is a -- is traffic flow modifications on Day Avenue between Douglas Road, Southwest 37th and Virginia that will include the installation of speed humps, speed tables, or other traffic flowing devices. And if you all don't know, this, the County has now signed a memorandum between the City and ourselves so we now can take control of our traffic. So this resolution should be an indication that we can move forward with this particular street's traffic control device. Chair Gort: Okay, thank you. It's a motion? Is there a second? Commissioner Carollo: Second. Discussion. Chair Gort: Second by Commissioner Carollo for discussion. This is a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, we'll close the public hearings. You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. Usually, with this process, does the residents get to have a vote or have a say in this? Because I guess when I (UNINTELLIGIBLE) been dealing with issues like this, they usually have to be on agreement or X'amount being agreement? City of Miami Page 22 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 PH.6 15-00898 District 2- Commissioner Marc David Sarnoff Jeovanny Rodriguez: Commissioner, good morning. Jeovanny Rodriguez, director of Capital Improvements. There is -- there's two options that we have. One is a ballot option, which is exactly what you're saying; the residents are sent a notification, and they have to be in agreement with the traffic calming that's being proposed. However, the second option is to have a City resolution authorizing such a traffic -calming device, so they could be used in lieu of the ballot process. Commissioner Sarnoff And just so that my follow Commissioners feel comfortable, what we do is we take petitions so that we actually have the petitions in hand. It's a faster, more efficient way of going. Commissioner Carollo: Okay, I will -- I'm going to end up yielding to the district Commissioner. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER AN ADVERTISED PUBLIC HEARING, SUPPORTING TRAFFIC FLOW MODIFICATIONS ON LOQUATAVENUE BETWEEN DOUGLAS ROAD (SOUTHWEST 37TH AVENUE) AND LEJEUNE ROAD (SOUTHWEST 42ND AVENUE), MIAMI, FLORIDA, WHICH INCLUDES THE INSTALLATION OF TRAFFIC FLOW MODIFICATIONS, INCLUDING, BUT NOT LIMITED TO, SPEED HUMPS, SPEED TABLES, OR ANY OTHER TRAFFIC FLOW MODIFICATION THAT MAY BE APPROVED BY THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT TO CONSIDER APPROVAL OF THE PROPOSED TRAFFIC FLOW MODIFICATIONS PURSUANT TO MIAMI-DADE COUNTY CODE SECTION 2-96.1. 15-00898 Notice to the Public.pdf 15-00898 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0320 Chair Gort: PH.6. Commissioner Sarnoff PH.6, Mr. Chair, is the symmetrical -- as PH5, same thing; we have petitions, we have requests. It is speed tables. And this would give the Commission -- this is authorizing the City to do all things necessary to install these traffic -control devices. So I'd move it. Chair Gort: It's been moved. Is there a second? Commissioner Carollo: Second. City of Miami Page 23 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: This is a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none. Let me tell you, I, myself just as you have, Commissioner Carollo, I had to go through the whole process. Commissioner Carollo: Right. Chair Gort: But most of the time, we did have people requesting, and we always go to the neighborhood and ask them to sign the agreement. And with the -- some of the traffic -calming that's going to take place, we make sure those people are in favor of it. Okay, any further -- Public hearing. Anyone in the public would like to address this one issue? Seeing none, hearing none, close the public hearings. All in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Carollo: With the same comments as the last -- PH.7 RESOLUTION 15-00899 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER AN Commissioner Marc ADVERTISED PUBLIC HEARING, SUPPORTING TRAFFIC FLOW David Sarnoff MODIFICATIONS ON COCONUTAVENUE BETWEEN SOUTHWEST27TH AVENUE AND VIRGINIA STREET, MIAMI, FLORIDA, WHICH INCLUDES THE INSTALLATION OF TRAFFIC FLOW MODIFICATIONS, INCLUDING, BUT NOT LIMITED TO, SPEED HUMPS, SPEED TABLES, OR ANY OTHER TRAFFIC FLOW MODIFICATION THAT MAY BE APPROVED BY THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT TO CONSIDER APPROVAL OF THE PROPOSED TRAFFIC FLOW MODIFICATIONS PURSUANT TO MIAMI-DADE COUNTY CODE SECTION 2-96.1. 15-00899 Notice to the Public.pdf 15-00899 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0321 Chair Gort: PH.9 Commissioner Sarnoff. PH.7, Mr. Chair, is a symmetrical issue with regard to Coconut Avenue between 7 -- 27th Avenue and Virginia Street. Same thing; we've received petition drive. These are traffic speed tables. I move it; same basis. Chair Gort: Okay, there's a motion. Is there a second? Commissioner Carollo: Second, with the same comments from the previous one. Chair Gort: Second by Commissioner Carollo. Anyone in the public would like to address this one issue? Anyone in the public? Seeing none, hearing none, we close the public hearings. Let City of Miami Page 24 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 PH.8 15-00900 me tell you, the reason we doing this, because most of our neighborhood are being utilized for the transportation of the County. People don't want to take the main roads anymore, and they cut through our neighborhood at a very high speeds and that's causing a lot of problems and accidents in the area. That's -- we need to do these things. Okay, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER AN Commissioner Marc ADVERTISED PUBLIC HEARING, SUPPORTING TRAFFIC FLOW David Sarnoff MODIFICATIONS ON TRADE AVENUE BETWEEN SOUTHWEST 27TH AVENUE AND VIRGINIA STREET, MIAMI, FLORIDA, WHICH INCLUDES THE INSTALLATION OF TRAFFIC FLOW MODIFICATIONS, INCLUDING, BUT NOT LIMITED TO, SPEED HUMPS, SPEED TABLES, OR ANY OTHER TRAFFIC FLOW MODIFICATION THAT MAY BE APPROVED BY THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT TO CONSIDER APPROVAL OF THE PROPOSED TRAFFIC FLOW MODIFICATIONS PURSUANT TO MIAMI-DADE COUNTY CODE SECTION 2-96.1. 15-00900 Notice to the Public.pdf 15-00900 Legislation.pdf PH.9 15-00901 District 2- Commissioner Marc David Sarnoff Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0322 Chair Gort: PH.8. Commissioner Sarnoff PH.8 is the same thing, Mr. Chair. It is for Trade Avenue; same comments, same petition, same speed humps -- speed tables. I'd move it. Chair Gort: It's been moved by Commissioner Sarnoff -- Commissioner Carollo: Second, with the same comments. Chair Gort: -- second by Commissioner Carollo. Any further discussion? Anyone in the public would like to address PH.8? Seeing none, hearing none, we close the public hearing. All in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION ITEM TO BE WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER AN City of Miami Page 25 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 PH.10 15-00890 District 4- Commissioner Francis Suarez ADVERTISED PUBLIC HEARING, SUPPORTING TRAFFIC FLOW MODIFICATIONS AT MCDONALD ROAD (SOUTHWEST 32ND AVENUE) AND DAY AVENUE, MIAMI, FLORIDA, WHICH INCLUDES THE INSTALLATION OF TRAFFIC FLOW MODIFICATIONS, INCLUDING, BUT NOT LIMITED TO, STOP SIGNS, ATRAFFIC CIRCLE, OR ANY OTHER TRAFFIC FLOW MODIFICATION THAT MAY BE APPROVED BY THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT TO CONSIDER APPROVAL OF THE PROPOSED TRAFFIC FLOW MODIFICATIONS PURSUANT TO MIAMI-DADE COUNTY CODE SECTION 2-96.1. 15-00901 Notice to the Public.pdf 15-00901 Legislation.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTERA PUBLIC HEARING, SUPPORTING TRAFFIC FLOW MODIFICATIONS AT SOUTHWEST 36TH AVENUE AND SOUTHWEST 14TH STREET, MIAMI, FLORIDA, WHICH INCLUDES THE INSTALLATION OF ONE (1) TRAFFIC CIRCLE, AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT TO CONSIDER APPROVAL OF THE PROPOSED TRAFFIC FLOW MODIFICATIONS. 15-00890 Notice to the Public.pdf 15-00890 Traffic Study.pdf 15-00890 Legislation.pdf 15-00890 Exhibit A.pdf 15-00890-Submittal-Commissioner Suarez -Petitions for Traffic Flow Mod.pdf 15-00890-Submittal-Commissioner Suarez-Email.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0323 Chair Gort: PH.9. Commissioner Sarnoff. Nine was withdrawn. Chair Gort: Nine was withdrawn. City of Miami Page 26 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Todd B. Hannon (City Clerk): It's PH.8, sir. PH.8. Commissioner Sarnoff. We did 8. Mr. Hannon: My apologies. PH.10. Commissioner Sarnoff. Should be 9 -- should be 10, yeah. Mr. Hannon: Yes. Commissioner Carollo: We just received a document with regards to that. Can I -- Mr. Hannon: Yes, sir. If I may clarify, Commissioner Suarez has requested that the packet of information be submitted into the record. It -- you know, it contains petitions, photographs of an accident in that particular area, and so he just wanted to make sure that was included as part of the backup documentation. And I also have a statement that I would like to read into the record on behalf of Commissioner Suarez. Chair, if I may? Chair Gort: Yes. Mr. Hannon: Thank you, sir. `PH. 10 and PH 11 are resolutions in support of traffic flow modifications in the neighborhood of Pastorita for the installation of a traffic circle and speed table, respectively. Since 2009, I have been working with Pastorita to create a comprehensive traffic plan for the neighborhood. While the process has been frustrating in obtaining County approval, I am thankful that we finally have obtained the County's approval on the plan and are ready to move forward. With respect to the subject intersections, the neighbors have obtained a supermajority of concurrence from the block. However, one neighbor at one intersection objects to the traffic circle while another neighbor at the second intersection objects to the speed table, both citing the removal of on -street parking as the reason for their objection. The rest of the Pastorita neighborhood is anxious to proceed with the traffic calming plan. For this reason, I deemed it was in the best interest of the neighborhood to pass these resolutions and seek the County's approval for the traffic circle and speed table, despite the two neighbors' objection to same." Thank you, sir. Commissioner Sarnoff. So moved. Chair Gort: Thank you. It's been moved by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Yes, sir, you're recognized. Jeovanny Rodriguez (Director, Capital Improvements & Transportation): Yes. Commissioner, if I may, I would like to introduce for the record, the traffic study submitted as part of the supporting documentation for PH.11 is incorrect. I would like to submit -- Commissioner Sarnoff. Ten. Mr. Rodriguez: -- for the record -- Chair Gort: We're on PH.10. Commissioner Sarnoff. Ten. We're on 10. Mr. Rodriguez: Oh, we're on 10? I'm sorry. I thought we were doing both. City of Miami Page 27 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 PH.11 15-00891 District 4- Commissioner Francis Suarez Chair Gort: No, no. Mr. Rodriguez: Apologies. Chair Gort: Anyone in the public would like to address PH.10? Seeing none, hearing none, we close the public hearings. All in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTERA PUBLIC HEARING, IN SUPPORT OF TRAFFIC FLOW MODIFICATIONS AT SOUTHWEST 15TH STREET BETWEEN SOUTHWEST 36TH AVENUE AND SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, WHICH INCLUDES THE INSTALLATION OF ONE (1) SPEED TABLE, AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT TO CONSIDER APPROVAL OF THE PROPOSED TRAFFIC FLOW MODIFICATIONS. 15-00891 Notice to the Public.pdf 15-00891 Legislation.pdf 15-00891 Exhibit A.pdf 15-00891 Traffic Study SUB.pdf 15-00891-Submittal-Commissioner Suarez -Petitions for Traffic Flow Mod.pdf 15-00891-Submittal-Commissioner Suarez-Email.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0324 Chair Gort: PH.11, you're on. Jeovanny Rodriguez (Director, Capital Improvements & Transportation): Okay. I would like to submit for the record a traffic study prepared for item PH.11. The one submitted as part of the backup documentation is incorrect; this is the correct one, and I would like to submit this for the record. Commissioner Sarnoff. Move PH.11. Chair Gort: Been moved by Commissioner Sarnoff. Is there a second? Commissioner Carollo: Second. Discussion. Chair Gort: Second by Commissioner Carollo. Discussion. You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I just want to make sure -- I didn't quite hear what the director stated. City of Miami Page 28 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 PH.12 15-00910 Mr. Rodriguez: Okay. The supporting documentation for PH.11 included a traffic study prepared for that area. The study submitted for item PH.11 was incorrect. We submitted a study prepared for a different area, which is Silver Bluff area, and I just want to submit for the records the correct traffic study for that. Commissioner Carollo: Got you. Chair Gort: Okay? It's a public hearing. Is anyone in the public would like to address this one issue? Seeing none, hearing none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH CommissionerKeon ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Hardemon AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND 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, FLORIDAASAMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE DE -ALLOCATION OF $34,500.00 IN FUNDS PREVIOUSLY ALLOCATED TO THE POLICE ATHLETIC LEAGUE; APPROVING THE RECOMMENDATIONS AND FINDINGS RECEIVED BY THE CITY MANAGER THAT MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION ("MLK"), FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC ("FOCAL"), AND OMEGA POWER AND PRAISE MINISTRY, INC., FLORIDA NOT -FOR -PROFIT CORPORATIONS, ARE THE MOST QUALIFIED PROVIDERS TO COMBAT POVERTY WITHIN THE CITY OF MIAMI; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'SANTI-POVERTY INITIATIVE FUNDS, ACCOUNT NO. 00001.980000.896000, TO MLK, IN AN AMOUNT NOT TO EXCEED $260,000.00, FOCAL, IN AN AMOUNT NOT TO EXCEED $134,500.00 AND OMEGA POWER AND PRAISE MINISTRY, INC., IN AN AMOUNT NOT TO EXCEED $38,811.00; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, GRANT AGREEMENTS WITH MLK, FOCAL AND OMEGA POWER AND PRAISE MINISTRY, INC., FOR SAID PURPOSES. 15-00910 Notice to the Public.pdf 15-00910 Legislation.pdf 15-00910 Exhibit - Memos.pdf 15-00910-Video Presentation -Commissioner Hardemon-NBC News Car Loan Program.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-15-0341 Chair Gort: Okay, you're recognized, Vice Chairman. City of Miami Page 29 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Vice Chair Hardemon: Thank you very much. So us Commissioners, we remember there was a time when we had Anti -Poverty dollars that were allocated to the different districts. Chair Gort: Yes. Vice Chair Hardemon: And we had sunshine -- sunshine? -- Yeah, we had sunshine meetings that described -- where I passed out some things that talked about what I believed would make good uses of Anti -Poverty dollars, and it was basically a roadmap for where I thought that I was going to extend my Poverty dollars to, so with that, I'm trying to -- okay. Considering those things, some of the stuff that I had there for my Anti -Poverty dollars -- why is that? Can you queue into -- IT (Information Technology), can you queue into my computer for a second? Unidentified Speaker: Yes. Vice Chair Hardemon: If IT is listening, can you queue into my computer? I'll describe some of those things while this is going on. For my Anti -Poverty Initiative, I had different sections and different proposals. One section was promoting early childhood development; another was supporting disadvantaged youth. And I don't know why this is looking funny, but I'll still read it to you. Third section was building residents' skills; fourth was recognizing seniors' needs; fifth was municipal policy improvement; the sixth was Florida criminal procedure; and the seventh was economic development. And amongst those, I had different proposals that would address that. And so what you'll see is in these allocations that I'm attempting to make today, we have -- we are addressing that, and the ones I made previously. You -- under Section 2, Youth Summer Employment, Proposal 3, you have Student Vocational Foreign Language Mentoring Program; Proposal 6, the Wheels -to -Work Program; and also, Proposal 7, increase senior feeding services. And so I share this with you -- and you can switch back now to the Manager's computer -- I share this with you all to show you that this is a document that I passed out long ago; that these are some of the innovative programs that I wanted to implement to help eradicate poverty within my community, and that I suggested to other people, and you can take of it what you wish. Many of these other things, we've also talked about, we've done in other various capacities, but before us today is this. And so I wanted to first show not only this Commission a snippet of what the presentation would have been, if you'd have watched the long presentation of it, by showing you this NBC (National Broadcasting Company) News series, called "In Plain Sight, Poverty in America, " and it would help explain to you exactly what the Wheels -to -Work Program is, because I think that's probably the one that people probably don't understand the most, so if you can play it now. Note for the Record: At this time, an audiovisual presentation was given. Vice Chair Hardemon: Now, Mr. Chairman, Miami -Dade County has admitted that we have a transportation woe and major issues. We have major issues with traffic; we have major issues with infrastructure; and, in fact, I mean, we're giving tens of millions of dollars to help solve that problem, just in the City of Miami. Here we are with another issue that affects men, women, children within our communities because they don't have the ability to access reliable transportation, because what happens is many of those care dealerships that are in the community, what we call "buy here/pay here" dealerships, the interest rates are very, very high. They have to get much older cars, and then those cars become troublesome. They can't pay to fix them and they end up in a worse situation than they were before. So this program, as explained, will provide credit counseling, budget management, professional development training, car care training, life skills coaching, access to affordable and reliable transportation, and greater economic opportunities for poverty-stricken residents in the City of Miami; and ultimately, it will improve their quality of life. I think this is a great project for communities that don't have access to reliable transportation that want to bring about some positive change in their economic abilities and potential, and that's why I'm asking for your support, in supporting not only that City of Miami Page 30 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 project, but the language and learning project, which is going to teach kids Mandarin; the internships where it's for the kids over the summer so that maybe we can lessen the amount of children that are dying in our communities, and give them some work experience, and put money in their pockets so they can help subsidize the cost of their households. And the kitchen incubator space, which is something that is greatly needed, I mean, my people in the community that I live in are people who are very good with food preparation. I mean, they make some of the best food, and pastries and things that you ever heard of but there are many times that the law gets in their way. And so this is a space where they can make items in bulk; they can prepare foods, and as a -- and don't have to provide the infrastructure to do it themselves. So in Wjmwood, maybe you can have a place that invests heavily in a place like a brewery, where they can get those resources, but in a place like Liberty City, you don't have -- people don't have that ability just yet, and so providing them a community space where you can go and share that space and provide those types of opportunities, you give people a chance to start their own businesses, package foods and sell them legally in our community, and hire people from our community, and give them an opportunity to have a leg up. And so when I think about all those different programs together, to me, they provide my community with an opportunity for economic success and economic development. And it goes along with what my plan was for Anti -Poverty dollars, so this is not something that's fly by night. This was written more than a year ago. And today, we have an opportunity to put it in place. And so let's do something new for District 5; give them an opportunity to do something that puts them in a position where they can care for their families, and that's why I'm asking for you to support this, and I move to pass this resolution. Chair Gort: There's a motion. Is there a second? Commissioner Carollo: Second. Chair Gort: What's the resolution? Would you read it? Todd B. Hannon (City Clerk): Chair, would you like to open a public hearing? Chair Gort: Let's hear the resolution first. Mr. Hannon: Sure. Victoria Mendez (City Attorney): You want me to read it? Chair Gort: Yeah. The Resolution was read by title into the public record by the City Attorney. Chair Gort: Okay, anyone in the public would like to address this one issue? Renita Holmes: Madam Renita Holmes, Women's Association and Women in Public Housing. Let's just say "wow" from this point on. And I think it's a great plan, and it was intent. District 5 has poor folks on the side of Overtown and Liberty City. And the process initially that the Anti -Poverty Initiative began when we were meeting, it was a great process, but now, as I see the income coming, it seems to have circumvented or usurped some of us. And I'm concerned, because we have the CRA (Community Redevelopment Agency) that provides monies for those organizations in Overtown that happen to be affiliated or whatever the case may be. And I'm going to keep it real. Who's looking out for me as a business in Overtown that does not have that capacity? The Bayside Foundation loan that we spoke of Commissioner, and when you go to a building to apply or submit a proposal, and all you walk out is with these doggone police reports, because everybody there now thinks that they're the boss of Overtown. And we can't even do business. Everyone assumes and profiles that I don't want it. I want my fair share. So when Poverty Initiative skips 'cross me and goes all the way to Overtown, or the program which City of Miami Page 31 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 I've just set up now doesn't have that key money we were hoping on, I believe that you have a long-term process; that's why I been coming to the business -- to the meetings. But when you take away the powers of the Anti -Poverty group or the staff person to make decisions of bids and it's just about who you know and who he know, I feel like I'm creating somebody else dynasty in the name of poverty, and it just making me poor, and now I got to compete. But lastly, when the second half of that monies is promised to people, and then they come -- which I have to admit, this is the complaint, it's not just mine. And I didn't even get notified, of all people. And now, we have a little bit of money left. I'm wondering if what people are saying about dynasties, and nepotism, and cronyism, and unfairness in the Anti -- because we're all poor businesses, and I would like to hear, just is this setting precedence? Mr. Chair and Commissioner, is this setting precedence? Because the "haves" continue to get and the "have nots" -- and I believe that ifI had a shot in the arm that these larger corporations have, it would be better. And lastly, economic development corporations, much like community redevelopment associations, Commissioner, have a plan. This is a shot in the arm that just missed me, and a kick in the face, so I need to know, this next set of monies that comes through these revenues are not going past me and go clean 'cross the neighborhood. Can you address that for us, please? But -- Chair Gort: Thank you, ma'am. Ms. Holmes: -- I do recommend -- I think Omega is a wonderful ministry. We been working together for 15 years. This ladle is extraordinary. She's created collaborations, and I do believe that those on this side should be able to do the same thing to warrant your investment. And this is serious for us because poor folks are the ones that I represent. And these are the ones that were dying. And when we created this Poverty Initiative, I had 500-some bodies, Chairperson Gort. Chair Gort: In conclusion. Ms. Holmes: I got 800 and something; 80 percent of those were in Liberty City and Overtown. Well, I could see where she's addressing those, but what about my arms filled with the boys that I got coming out my (UNINTELLIGIBLE) program at Curley House? What about the women that I got coming home next month? I got 126 that I been seeing for five years, single moms, domestic violence charges with -- what about me putting them to work? And I've got opportunities. I'm missing my shot in the arm, so we need to have that conversation because to skip me over to go to people that's got it that don't have that impact, that's unfair. Chair Gort: Thank you, ma'am. I'm sure he'll answer them. Ms. Holmes: Thank you, sir, for listening. Vice Chair Hardemon: You want to do everyone else and then --? Chair Gort: Anyone else? Anyone else? Marta Zayas: Hi. Marta Zayas; address, With Help. I support this initiative, and in particular, I was watching the television preview that you provided, and I absolutely believe that it is a realistic perspective on the need of reliable transportation and cars. And I wanted to point out that with our development, when we eliminate parking requirements, we're adding to a situation such as what we just saw. We have to be very careful that we don't eliminate all of our parking requirements, because then it adds to this type of situation, so I just wanted to point that out. Thank you. Chair Gort: Thank you. Anyone else? Anyone else? Seeing none, hearing none, close the public hearing. City of Miami Page 32 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Vice Chair Hardemon: Briefly, you know, Madam Holmes speaks of a situation that we -- that all of us face. We don't have enough resources, and so we have to use whatever entities that we have, whatever partnerships that we have to help address many times the ills of our community, and this is one of the ills, and fortunately, we were able to receive some funds to put on a program like this. And so we know that in the next budget, that $1.25 million will be repeated for all of us. I think the community should rally up and try to ask for more, so that, you know, we can really put a dent in poverty within our communities. So with that, I just ask that I have my Commissioners' support. Chair Gort: Thank you. Any further discussion? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I'm just going to say that I am going to yield to the district Commissioner and his judgment on how he wants the money to be spent in District 5, the district that he represents. Chair Gort: Thank you. Let me tell you all something. I been discussing -- and my understanding, Madam Attorney, in order to allocate those funds, we have to come with a resolution to you, because I'm going to allocate all my funds for scholarship for college and trade schools. And I'm working with some individuals right now. As soon as we have something together, 171 bring it back to you, because I think it's very important. We get these kids coming out of high school. If they can -- they want to go to college, they want to go to trade school, they can't pay for it, because right now, kids come out of school and they have a mortgage just before they leave and get a job. Okay, is any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Vice Chair Hardemon: Thank you, Commissioners. END OF PUBLIC HEARINGS SECOND READING ORDINANCES SR.1 ORDINANCE Second 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 "ENCROACHMENTS 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 TO ENTER INTO AN EASEMENT OVER RIGHTS -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 Sarnoff, seconded by Commissioner Carollo, 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 City of Miami Page 33 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 13535 Chair Gort: PH.12. Todd B. Hannon (City Clerk): Chair, PH.12 is a four fifths. Chair Gort: Okay. Second readings, SR.1. Juvenal Santana: Good morning. Juvenal Santana, assistant director of Public Works. This is an ordinance amending the City Code to allow the City to enter into an easement in favor of the abutting property owners for use of an underpass below or an aerial easement above a public right-of-way. 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. Public hearing. Is anyone in the public would like to address SR.1, Second Reading 1? Renita Holmes: Madam Renita Holmes, Women's Association, Women in Public Housing, our Homes. Just a note. When we talk about aerial easements. I'm still concerned that 1 have upon request -- I know I made a verbal request as to what is the information that is to be given to the public. And what are the actual limitations? You know, I'm here today on a connect -- I come down for information, not just to be heard. But I don't think public information in regard to what is the limitation or the environmental effect is. When we do Rule 163 in the CDMP (Comprehensive Development Master Plan), and we look at it, and says that it should have this pertinent and relevant information so that we can ensure that the environmentals and all those things that impact us as poor folks, and when we don't have the Tuckers and the lawyers and all of that to defend us on the actual process and the know -- or we don't actually have even a lawyer to say we have a right to participate and ask, or that we have a lawyer, Madam Attorney -- oh, that's not Madam Attorney -- you know, that we're actually having transparency in the process. And I do believe, it's my experience, you know, this is where the frustration is. If you're going to do what you're going to do, at least allow me -- and I'm going to be paying as a taxpayer -- at least acknowledge me; give me information that I need. And this is starting to be a trend and a pattern. And when we talk about aerial easements, what -- the higher we go, that's the less sky, that's the less air, and that's the less information and participation that the people get. And this is a growing city, so we going to be growing up and out and I can't see and I got to move, at least, let's pay attention to the statutes that say that we have a right to information. At least, let's stop talking about being corporations that want to build in places where people aren't offended or aren't blocked, or aren't left out. And the aerial easement process is not providing this information, Mr. Chair, according to our own home rule charters and municipal codes. We're not sure what it is now. Can I get that information? Chair Gort: Thank you, ma'am. Yes, you can get it from the attorneys. Ms. Holmes: Thank you. From the attorneys or from the City Manager? Did they apply with the City Manager or the attorney? Chair Gort: (UNINTELLIGIBLE) City Manager, the attorney will get you all the information, or the City Manager. Someone in staff will give you the other information. Ms. Holmes: Would that be -- is it accessible through the book or what is it --? City of Miami Page 34 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: Yes, ma'am. They'll give you all the information, what the process is, all the information -- the backup information that goes out the week before, and so on. Ms. Holmes: Who exactly am I to see, Mr. Chair? Chair Gort: Someone in staff -- I cannot designate anyone to do it, in particular. Someone in there will do it. Ms. Holmes: But you are designating that I'm entitled to that information, Mr. Chair? Chair Gort: Yes, ma'am. Yes. Ms. Holmes: Okay. Chair Gort: Thankyou. Ms. Holmes: Okay, we'll try it again. Thank you, Chairperson Gort. Chair Gort: Thankyou. Ms. Holmes: All right. Chair Gort: Any further discussion? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Could we take a five-minute recess -- break? Chair Gort: Can we vote on this one now? Commissioner Carollo: Yeah. I just -- Chair Gort: Well, you want to take five? Take five. Commissioner Carollo: Thanks. Barnaby Min (Deputy City Attorney): (INAUDIBLE) 2 o'clock? Chair Gort: Yes. Mr. Min: We'll need to call the meeting here first and then adjourn upstairs. Chair Gort: Okay, I'll be here first. They can all go up. That's (UNINTELLIGIBLE). Mr. Min: Correct. Chair Gort: Okay. So let the Commissioners know at 2 o'clock, they got to go up. Todd B. Hannon (City Clerk): Yes, sir. Recess until 2. Later... Chair Gort: Okay, we left the dais with a motion on a second reading. There was a motion and City of Miami Page 35 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 a second; it was approved, and there was some discussion. Unidentified Speaker: (UNINTELLIGIBLE). Chair Gort: Beg your pardon? Commissioner Sarnoff We just need to vote, I think. Chair Gort: Okay. Mr. Hannon: Chair, no. The title needs to be read into the record, and then I'll do roll call. Ms. Mendez: The time is 3: 01. Mr. Hannon: Title, title of SR.1. Ms. Mendez: Oh. An ordinance -- Commissioner Sarnoff The City of Miami (UNINTELLIGIBLE). The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. Chair Gort: Thank you. SR.2 ORDINANCE Second Reading 15-00728 Department of Real AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Estate and Asset 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, Management FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON CITY -OWNED PROPERTY", MORE PARTICULARLY TO CLARIFY THE SCHEDULE FOR PAYMENT OF FEES, THE ENTITIES RESPONSIBLE FOR PAYMENT, AND PENALTIES FOR NONCOMPLIANCE WITH THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-00728 Summary Form SR.pdf 15-00728 Legislation SR.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez 13536 Chair Gort: SR.3. Second Reading 3. Daniel 1 Alfonso (City Manager): Yes. SR.2. City of Miami Page 36 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: SR. 2. I'm sorry. Daniel Rotenberg (Director, Department of Real Estate & Asset Management): Good afternoon, Commissioners. SR.2. SR.2 is the second reading of the LED (light -emitting diode) outdoor advertising sign ordinance on City -owned properties; Chapter 2, Article a Section 2-779 of the Code of the City of Miami. Chair Gort: Thank you. This is a public hearing. Is anyone in the public would like to address this issue? Seeing -- yes, ma'am, you're recognized. Renita Holmes: Madam Holmes, for the public. I believe, Commissioner, through the Chair, that we asked some questions at the last hearing in regards to the benefits and -- on City -owned property, and I just wanted to follow up; make a note that since then, I've reached out, but I have had no real follow-up or response to my reaching out, and particular to my Commissioner. I'm very concerned that -- I keep making these efforts, and I don't want to be misunderstood. It's not -- I mean, I'm living a couple of blocks away, and I've been as diplomatic as I can, but you know, perhaps the taxpayer's not important; perhaps, transparency is not as important. So I when I come here, Commissioner Hardemon, in a state of aggravation, when normally I could work with anybody else, any other Commissioner, or as a professional through the years, you can email, you can visit, you can take the time; that it's becoming a pattern and a trend to have nonresponsive or before days, but as a matter of public record, I did ask for that, and through the Chair always. And I love to be appeased Anyone woman wants to be appeased but you know, when she's serious about follow-up, and I'm not getting it, Commissioner. I know you're big on citizen participation, and I know that you open your door, but there are others that I need to go in council meetings, and I'm going, and I'm just not getting information. I'm beginning to believe that they're just not taking you or I seriously about citizen participation, you know, and amendment rights, and that's why I'm really agitated on that. You know that I'm diligent. I give due diligence and due process, Mr. Chair. And it's just -- it's aggravating to ask -- to walk down the street, to bicycle down the street, to wobble down the street, to answer the folks who don't even -- they're looking and they're listening; to re-educate them without a balance; to have my funding taken away; and to be a professional, and to be that person, a taxpayer living right there and not get that information. When did government get to that point? You can't get basic information. Even someone like me that's working to serve, to make sure that they don't come here and says, Oh, I didn't know. Oh, I didn't get a notice. Oh, I called the office. Oh, I can't use email. "So I'm really serious about this. Chair Gort: Thank you, ma'am. Ms. Holmes: This is not transparency or good government. Chair Gort: Ma'am, thank you. Ms. Holmes: Yes, sir. Chair Gort: I'll make sure somebody sits down with you and show you and tell you. All this information has been given out, and they'll give you the information, the benefit, and the reason why this was -- Ms. Holmes: Yes, I know Mr. -- I know the Clerk's Office is very good, but if I have to keep going back paying for a copy and reviewing it to see it -- you know what it is that we're asking for. Chair Gort: Ma'am, I'm telling you what's going to take place. Ms. Holmes: Okay. City of Miami Page 37 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 SR.3 15-00815 Department of Planning and Zoning Chair Gort: Somebody there is going to explain to you the benefit of it. There's been many meetings on these things. This is not the first one; there's been a lot of them. A lot of information has been given out. I'll make sure they put you up to date on it, okay? Ms. Holmes: Thank you very much. Chair Gort: Thank you. Ms. Holmes: I'm counting on your word, Mr. Chair. Chair Gort: Yes, ma'am. Thank you. Anyone else? Anyone else? Close the public hearings. Motion. Second Commissioner Sarnoff. So moved. Chair Gort: Moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I/ OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION," MORE PARTICULARLY BY AMENDING SECTION 23-6 TO REFINE THE LANGUAGE THAT ALLOWS THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD TO GRANT WAIVERS TO CERTAIN ZONING PROVISIONS IN AN EFFORT TO FURTHER THE PRESERVATION OF THE CITY OF MIAMI'S HISTORIC RESOURCES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00815 Summary Form SR.pdf 15-00815 Legislation SR.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez 13537 Chair Gort: SR.3. Francisco Garcia: Mr. Chair, Commissioners. For the record, Francisco Garcia, Planning & City of Miami Page 38 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Zoning director. SR.3 is before you on second reading, and it is an amendment to the City Code; in particular to Section 23.6, which is the part of the Historic Preservation Ordinance of the City. This is to allow for certain waivers for historically -designated properties in order to allow these properties and these designated structures to have improvements made to the properties that can deviate slightly from strict compliance with zoning requirements. The change in the ordinance makes specific reference to the fact that the deviation shall be the minimal deviation that will accept or accomplish the intent of the preservation of the structure. We feel that this is much better language than the previous language that existed, which is being stricken here, which simply provided for a blanket 20 percent deviation. We prefer that those be more narrowly tailored. Chair Gort: Thankyou, sir. Is anyone would like to discuss this item? It's a public hearing. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Gentlemen, I've reviewed the proposed legislation. I just want to point out to you that there's extensive language in that legislation to protect adjoining neighborhoods from parking spillover. I'm mentioning that here because this is going to come up in a later item, and I just want you to know that there is protective language in the historic preservation section to that effect. We want to expound on that and codify it in the item that's coming up, PZ 19. Thank you. Chair Gort: Thank you. Anyone else? Anyone else? Seeing none, hearing none, close the public hearing. Commissioner Sarnoff.: So moved. Chair Gort: It's moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none. The Ordinance was read by title into the public record by the City Attorney Todd B. Hannon (City Clerk): Roll call on item SR.3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. Chair Gort: Thankyou. SR.4 ORDINANCE Second Reading 15-00724 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Procurement 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY AMENDING SECTION 18-86, ENTITLED "COMPETITIVE NEGOTIATIONS/COMPETITIVE SEALED PROPOSALS," TO MODIFY THE COMPETITIVE NEGOTIATIONS METHOD SECTION, PARTICULARLY THE REPORTING OF SUCH CONTRACTS AWARDED BY THE CITY MANAGER TO THE CITY COMMISSION ON AN ANNUAL BASIS, AND THE COMPETITIVE SEALED PROPOSAL METHOD SECTION TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO NEGOTIATE A CONTRACT(S) PRIOR TO THE CITY MANAGER City of Miami Page 39 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 PRESENTING AN AWARD RECOMMENDATION TO THE CITY COMMISSION AND PROVIDING FOR A NEGOTIATED SIGNED CONTRACT(S) TO BE PRESENTED TO THE CITY COMMISSION FOR APPROVAL TO AWARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-00724 Summary Form SR.pdf 15-00724 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez 13538 Chair Gort: SR.4. Annie Perez: Good afternoon. Annie Perez, director of Procurement. SR.4 is an ordinance amending Chapter 18-86 of the Procurement Ordinance, specifically authorizing the City Manager or a designee to negotiate a contract prior to bringing it to Commission, and we would bring a negotiated contract to Commission. Chair Gort: Thank you, ma'am. Does anyone like to -- 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'll close the public hearing. Commissioner Sarnoff. So moved, Mr. Chair. Chair Gort: Moved by Commissioner Sarnoff. Vice Chair Hardemon: 171 second it. Chair Gort: Second for discussion. You're recognized. Vice Chair Hardemon: Thank you very much. One of the issues that this brings up to me is just our ability as Commissioners, when there -- typically, right now, if there is an RFP (Request for Proposals) that goes out, we award it to someone; management goes back and discusses it, and brings us back a negotiated deal. Usually, during that time from -- after the award -- between -- from the award and also negotiation, we have an opportunity to weigh in on maybe the process. You know, people have bid protests, as such, and so the only thing that comes to my mind with this -- I just wanted to my colleagues' opinion about it -- is with this process, what does it do to our ability to talk about that before a new contract is negotiated? So therefore, the Manager goes; he negotiates this contract; he brings it back to us, but we don't have any say in between. So, for instance, like when we had a situation recently -- I believe it was with the rental car situation where there was some objections to how the RFP happened with the rental car situation, and upon further digging, we found out that it wasn't the bid or the Request for Proposal, or whatever technical term there was, was not disseminated to everyone that it could have been sent to, or people who would regularly respond to it; and so we had an opportunity to discuss that, because there was not a contract that was brought back to us, but rather than -- a request for us to negotiate with someone. Chair Gort: My understanding, I found this issue always going to be up to us. I think one of the -- we need to discuss the -- instead of negotiating out here, the Manager will sit down and make the negotiation; we'll still be able to make some changes to whatever negotiation with the Manager. If we feel the Administration needs to do -- we need to do some changes through the -- City of Miami Page 40 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 SR.5 15-00761 Department of Planning and Zoning to the transaction that took place, we can still do it. Now, the question is the -- which is a valid question, what happens when you have a protest? Ms. Perez: When you have a protest -- usually, when the Manager signs the award recommendation, that's when the -- that's what kicks off the protest. In this case, we would negotiate the contract, the Manager would sign; it would kick off the protest, and then it would still come to Commission the same way. So that's my understanding of how the protest would function. Chair Gort: Now, my understanding is -- Ms. Perez: It's when the Manager signs the award recommendation. So once we negotiate a contract, then we would present the award recommendation to the Manager, to be brought forward to Commission. The Manager would sign. We would post it with the Clerk; that would kick off the protest period. So it -- that would happen before it comes to Commission. Chair Gort: Okay. Ms. Perez: Yes. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: Because I won't be moved, personally, by any argument that once a contract is negotiated and it comes to us and we have a problem with it, that we've wasted time, energy or resources moving forward if we have a problem, so I'm letting you know that upfront before we move forward at any point, that I will not be moved by that argument. Daniel J. Alfonso (City Manager): Commissioner, we'll never make that argument. I mean, it is our job to negotiate the best contract. If we didn't do a good enough job, I don't consider it a waste of time when a Commissioner has additional input. Chair Gort: Any further discussion? Okay, 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 SR.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. Chair Gort: Thank you. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT," MORE PARTICULARLY BY AMENDING SECTION 2-212, ENTITLED "NONCONFORMING USE PILOT PROGRAM," TO REINSTATE THE PILOT PROGRAM THROUGH AUGUST 1, 2016, TO ADD LANGUAGE TO CLARIFY THE PARAMETERS FOR RENEWAL City of Miami Page 41 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 OR REINSTATEMENT OF CERTIFICATES OF USE FOR NONCONFORMING USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00761 Summary Form SR.pdf 15-00761 Legislation SR.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez 13539 Chair Gort: SR.5. Francisco Garcia: Mr. Chair, Commissioners. Francisco Garcia, Planning & Zoning director. SR.5 is before you on second reading. This is an extension of the existing nonconforming use pilot program, and the extension would take us all the way to August 1, 2016. In summary, this basically will allow uses that have been rendered nonconforming and whose Certificate of Use has expired; to reinstate their Certificate of Use pursuant to a certain process, and that process various, whether it's less than 6 months, or between 6 and 18 months, or between 18 months and 5 years. In the end, what we're seeking to do is to provide a process through which a nonconforming use that has fallen into a standstill or disuse to be reactivated, while not departing any further from the existing regulations, ideally coming further into compliance. And if the lapse has been very long, then it would have to go through a public hearing process. 171 say briefly, for the record that there is still a significant number of property owners out there that, because of economic hard times, have simply been unable to reestablish businesses that once lost their Certificate of Use, and they would be well served by having a means through which they can actually bring them back online and enjoy the remainder of their sun -setting period This does not alter the sun -setting period of the nonconforming uses, but it does allow them to enjoy the amortization period to whatever extent, if there is any left. 171 answer any questions. Chair Gort: Right. Thank you. Let me ask a question. My understanding is the notice goes to the individual that has the business. The business owner is the one that pulls the CU (Certificate of Use)? Mr. Garcia: That is correct. Chair Gort: The property owner get advised when the CU is not pulled? Mr. Garcia: The applicant for the Certificate of Use has the burden and the obligation to advise the property owner of the fact that they're pulling the Certificate of Use, and we, the City, can certainly hold them responsible for that. Chair Gort: Okay. All right, thank you. Public hearing. Is anyone in the public would like to address this one issue? Renita Holmes: Madam Renita Holmes: Again, Commissioner, on the first reading, at the last meeting, I inquired and did need information on this, as well, regarding the use of my home as a person with disability or veterans, and the Certificate of Use question. I've made several calls and made several photographs of my situation; there's videos of me trying to get there. And I just would like to know, again, through the Chair, would I be able to utilize open government here, or can someone give me a flow chart as to how I can get an answer? Because I'm held up from doing business viably, or I'm being charged to use my space within my home. And I don't see, if you put a desk in your home, and I've got County licenses -- there's just no due process. City of Miami Page 42 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 And on day-to-day basis, I know you guys are really overwhelmed with the really important things, but my business and my income is important, and I'm entitled. So here's the question one more time, because I didn't get the information that you asked them to get, and I've done due diligence, Commissioner Hardemon, and I am in business. Why am I paying 200 and something per square foot for me to have a brain space in my own home to do business, you know? And then most of the business I'm doing is providing a good service to the community. Is there an established person? Second, why am I, as a person with disability, not accommodated a very simple process? I could see plenty of folks who would like to get a Certificate of Use here to add to their income, but if it is not a non -- if it's a nonconforming that we can give to the big developers who are doing business or the big business owners, why can't I have a nonconforming for my business at home, you know? It has to be modified quite a bit, butt would like just to be clarified. Thank you, sir. Chair Gort: Thank you, ma'am. I'll make sure someone in staff will get together with you and explain to you the process. Thank you. Ms. Holmes: Excuse me. Chair Gort: Anyone -- Ms. Holmes: Mr. Chair -- I mean -- Chair Gort: I'm asking someone from the staff to sit down with you -- Ms. Holmes: I just want to make a note for -- Chair Gort: -- to go over with you -- Ms. Holmes: Yes, sir. But I just want to make a note for the record. We have asked for several months. I have asked NANA (Neighbors and Neighbors Association). I have asked other people, and this is affecting my rights to income. Better than that, it's very stressful. I'm working, but it's stressful to get out there and go back and forth, and all I get when I come back here is We'll get someone. "And while I appreciate the Chairperson, Mr. Gort, saying that, I think the City Manager, or whoever's in charge of doing that, needs to say something right now, give an appointment right now, because I've done my due diligence. And just telling me anything doesn't make me feel good about your word. Thank you, sir. Chair Gort: Thankyou, ma'am. (UNINTELLIGIBLE). Mr. Garcia: Yes, sir, I'm happy to personally respond to her. Chair Gort: Get together with her and respond to her, okay? Mr. Garcia: I certainly will. Chair Gort: Thankyou. Anyone else? Anyone else? Juan De Dios Carrera: Yes. In reference -- my name is Juan De Dios Carrera. I am from 3838 Northwest 36th Street. I have a property that I have owned for 27 years, and it's been used as a car dealerships. And for the last few years, it lapse, the Certificate of Use lapsed; and now I'm trying to get it reactivated. I'm just one of those people that I don't -- unable to do this. And this is something that is -- that's all I -- that property has been used for forever. Chair Gort: That's one of the reasons I ask for this ordinance to come back to us, because we had that problem all through 36th Street with people who were able to use the car shop, the lots City of Miami Page 43 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 FR.1 15-00805 Department of Planning and Zoning for used car sales. Miami 21 changed a little bit, which they said they have to be under a roof. Unfortunately, you cannot build a roof because we had a -- DERM (Department of Environmental Resources Management) had a moratorium on the area so you couldn't do that. That's the reason we -- this is in front of us today. So we hope you can take care of it. Mr. Carrera: All right, thank you. Chair Gort: Thank you. Anyone else? Anyone else? Okay, we close the public hearings. Comments? Motion? Commissioner Sarnoff So moved, Mr. Chair. Vice Chair Hardemon: Second. Chair Gort: Moved by Commissioner Sarnoff second by Vice Chairman Hardemon. Thank you, sir. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item SR.5. Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff Only for the Chairman, yes. Chair Gort: Thank you. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on second reading, 3-0. END OF SECOND READING ORDINANCES FIRST READING ORDINANCES ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS," MORE PARTICULARLY BY CREATING A NEW SECTION ENTITLED "THE WYNWOOD PARKING IMPROVEMENT TRUST FUND"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00805 Summary Form FR.pdf 15-00805 Legislation FR.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. City of Miami Page 44 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez Vice Chair Hardemon: We will work fast. Chair Gort: What's the RE (resolution) that was left? Todd B. Hannon (City Clerk): RE.12. Vice Chair Hardemon: Well, if -- I thought we -- well, no. They're still in the back, discussing RE.12, so can we move to the PZ (Planning & Zoning) items involving Wynwood, if that's fair? I'm asking, especially because the Commissioner to the left of me, it touches his district, also. Chair Gort: Go ahead. Which --?. Vice Chair Hardemon: So where do we start, PZ 14? 171 move it. Commissioner Sarnoff Second Chair Gort: Where are we starting? Vice Chair Hardemon: PZ 14. Chair Gort: PZ 14. Francisco Garcia (Director, Department of Planning & Zoning): IfI may, we would be then taking up all the items pertaining to Wynwood, which include, also, some of the first reading items; is that correct, sir? Commissioner Sarnoff Yes. Mr. Garcia: So FRs (first readings) 1, 2, 3, and 4; and PZs 14, 15, 16, and 17, all together, correct? Chair Gort: Correct. Mr. Garcia: Very well. Chair Gort: Public hearing is for all of them. Mr. Garcia: I will very quickly read a description of all of them, and then make a quick presentation, and defer to the Wynwood representatives who are here, to make a perhaps more detailed presentation. Again, just to recap very briefly, the items that you are going to be hearing essentially as companion items are made up of FR.1, FR.2, FR.3, FR.4; and PZs -- that's Planning & Zoning items -- 14, PZ 15, PZ 16, and PZ 17. These items all affect an area approximately bounded by: To the north, 29th Street; to the south -- that would be Northwest 29th Street; to the south, Northwest 20th Street; to the east, the FEC (Florida East Coast) tracks; and to the west, 1-95, for purposes of geographic bearings. That said, I'll say very briefly by way of introduction that this is a comprehensive planning proposal for the redevelopment of -- and revitalization of the Wynwood area. And here, when I make reference to Wynwood, I'm speaking specifically about that area of Wynwood for which I've given boundary descriptions, and it is the area that we've all come to know as a formerly industrial area, is increasingly redeveloping as a mixed use high density, high intensity commercial and residential district, very well. What FR.1 does in this particular legislative package is to create a Parking Improvement Trust Fund for the Wynwood District, or the -- what we will refer to hereinafter as the Neighborhood Revitalization District. And basically, in the same manner as is the case for Coconut Grove, and for the Design City of Miami Page 45 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 District, it seeks to treat parking as a shared characteristic of use, and it seeks to allow developers, property owners to provide payment in lieu of parking onsite or offsite. That said, because it is known that there is still a need for physical parking in Wynwood, it is not the case that property owners will be able to provide payment for all of the parking requirements, but only approximately for one third of those parking requirements. The remainder shall be provided either onsite or offsite. The creation of the Parking Improvement Trust Fund seeks to support and subsidize the creation of additional parking by private property owners. I can certainly expand on that as needed. FR.1, then, is a proposed amendment to Chapter 35 of the City Code, as described FR.2 is an amendment of Chapter 2, Division 21 of the City Code, and this now pertains to the Wynwood Business Improvement District, and this is for the creation of essentially a Design Review Board; said Design Review Board will basically review and provide feedback to the Planning & Zoning Department on an advisory basis on large-scale development within the district -- "large scale, " being 25 square feet or larger -- and we looked for their advice and guidance on the compatibility of new development with the character of the area. In that sense, they've been very helpful in the recent past, and we look forward to their continued advice and feedback. Item FR.3 is an amendment to Chapter 10, Article 7 of the City Code, and this is basically to establish the same program or the same set of regulations that exist presently in the DDA (Downtown Development Authority) area, as well as the Coconut Grove Village Center, to require that security screens and shutters be transparent in nature, and not completely opaque; once again, to enhance the eyes on the street, and to create a pedestrian friendly environment. And FR.4 seeks to establish a Public Benefits Trust Fund, which would basically allow development that seeks to obtain additional development capacity through the trust fund process -- rather through the public benefits process. It would allow them to pay into this trust fund, and the monies gathered in this fund would then be reinvested in the district, basically to create affordable and workforce housing; also, to create parks and open space; and also, to create additional parking or civic infrastructure, as needed. Because this is a Revitalization District, and because it is making a transition from industrial to mixed use, much of that infrastructure and much of those -- many of those amenities would have to be introduced anew, and funding is always required to be able to facilitate that. With that, I'll go on to describe the Planning & Zoning related items. PZs 14 and 17 -- and I know I'm taking them out of order, but it is for a reason -- are respectively the land use changes and the zoning changes proposed, and what you will see there basically is that we are taking the present zoning scheme, which is largely industrial -- light industrial, that is -- and we are seeking to change it to mixed use in nature. Over the last approximately year or so, this Commission has been receiving stopgap zoning changes to T6-8-0 or T6-12-0, in anticipation that this would eventually come. We've been saying for about a year and change that this would come, and finally, the day is here where we're trying to reconcile all of the zoning regime for the entire area to once again foster mixed use, high density, high intensity development. So PZ 14 is a set of land use changes. I want to add a note for the record that PZ.14 contained an error in the image provided in your packages, but you have now been provided a substitution page which rectifies that error; however, the advertisement was correct, so that should not cause any harm to the application. And PZ.17, then, is the zoning component of the changes, as well as the creation of the zoning regulations and design guidelines for the district. Lastly, PZ 15 and PZ 16 are both amendments to the Miami 21 Zoning Ordinance, setting forth specific setbacks that apply to the Wynwood area; and also, setting forth the establishment of a new tool to be added to our Planning & Zoning toolbox, which is Neighborhood Redevelopment [sic] District. You're familiar with our Neighborhood Conservation Districts, which basically seek to impose additional restrictions, vis-a-vis whatever zoning regulations exist. In this case, with the Neighborhood Revitalization District, we are seeking to tailor the zoning regulations to enhance and to improve the character of the area to allow it for greater functionality. I think that that will do as a brief overview of exactly what we're proposing to do. I'd like to close very briefly by emphasizing what is to us a -- of great significance and importance of this particular regulatory package. We know full well that in the planning and development magazines, names such as SoHo (South of Houston Street), Williamsburg, in Brooklyn, New York; the Pearl District in Portland, Oregon; SoMa or South of Market in San Francisco; and Yale Town in Vancouver, have been all the buzz of late over the City of Miami Page 46 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 last year and change. Midtown in Miami has really been all the buzz, and I really think we are entering into very exciting territory here to create a new mode for the sustainable, walkable and well -integrated mixed income and mixed use development in the City of Miami. We're very excited about it. And we also are very excited because we've established a fantastic collaborative relationship with the stakeholders in the community, and we think if this example as replicated elsewhere in the City of Miami, the future for Miami is brighter than we all expected Thank you. Chair Gort: Thank you, sir. Let me just give a little history. If you all recall, this used to be the garment industry, Wynwood That's where all the -- at one time in the City of Miami, all the manufacturer of dresses and apparels were done in Wynwood. As people started moving out of the area, these vacancies started taking place. We have a lot of places in the City of Miami that were industrial. The industry is no longer there, and these types of changes I think just makes them even better. Yes, we'll have -- one by one. FR.1. Barnaby Min (Deputy City Attorney): Are we opening to the public? Vice Chair Hardemon: I think we'll have a public hearing on all the items, on --? Commissioner Sarnoff Yeah, why don't you do it all together? Chair Gort: We're doing it all together. Vice Chair Hardemon: Right. Chair Gort: Okay, public hearings is open now. Do you have a list of individuals? Todd B. Hannon (City Clerk): Yes. And Chair, for the record, the public hearing is being opened for items FR.1, FR. 2, FR. 3, FR. 4, PZ 14, PZ 15, PZ 16, and PZ 17. I'll go ahead and read out the names of the speakers. Chair Gort: That's correct. Thank you. Mr. Hannon: First three speakers: Joseph Furst, David Polinsky, Albert Garcia. Joseph Furst: Thank you very much, Chair, Commissioners. Joe Furst, chairman of the Wynwood Business Improvement District, 2750 Northwest 3rd Avenue. I'm always up here talking to you all and talking to PZAB (Planning, Zoning & Appeals Board), et cetera, about our future, but I think what's most appropriate today is to talk about our past. And I'm going to get a little bit emotional, especially going to some of the neighborhoods that Francisco mentioned, but when Tony Goldman started in Wynwood, who was my mentor, the best friend and partner that I could have had, his vision is what we're working on today. So for me to be up here, carrying out, really, what the true vision was for this neighborhood is an incredible honor, and a tremendous responsibility, and I take it very seriously. So I could not be prouder of what it is that we've worked through and what we've worked on with Francisco and his staff, and I really believe that what we've done is the most comprehensive and thoughtful zoning land use change in the City of Miami, and I really couldn't be prouder to be a part of it. In the interest of time, because, obviously, we have probably a lot of people here in support, I would ask that anybody stand -- in the audience, stand up that's in support of this item, because some of the Commissioners have a very short time agenda, so if you could please stand up if you're in support of the item. Chair Gort: Not bad. Mr. Furst: Thank you. City of Miami Page 47 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Commissioner Sarnoff.. Are you all voters? Vice Chair Hardemon: Did you see the Overtown residents stand up? You saw that, right? Commissioner Sarnoff.. That's enough for an election right there. David Polinsky: My name is David Polinsky, from the Wjmwood BID (Business Improvement District) Board of Directors; chair of the Planning & Zoning Committee, and I'm a developer in Wjmwood, as well. Thank you, Mr. Chairman and Commissioners, for this time; I know it's getting late. This has been an incredibly collaborative process between the BID, stakeholders, Planning staff consultants, which the BID has hired, including the law firm, Akerman; and the planning consulting firm, Plusurbia; and the district Commissioners, themselves. I've personally been in somewhere between 50 and a hundred meetings, and I think there's probably been a couple hundred others over the past two years to put this piece of legislation together. There's been a remarkable consensus, both around the need for change and the substance of what ought to be done. And I just want to point out a few things, which we're particularly proud of and I speak, I think, for the BID, and our stakeholders, and myself. We love, and I love that when we went -- when we first proposed increasing the density in most of the transects from the current 36 and 65 to 150 residential units per acre, at the same time that proposal was made, we thought about balancing it by reducing the scale of buildings. Most of the district right now is DI zoning, which allows for a max building height of 10 stories; and, in fact, under the new transect, which will be dominant in the district, we'll be pulling that max number of stories down to eight stories; and furthermore, we'll be requiring applicants who wish for new construction permits to start paying for their bonus density at the fifth floor, instead of at the eighth floor. And I have to say, from all the meetings I've been in, we never heard a single property owner complain that rights were being taken away from them, or that they were going to have to give money towards benefits that would accrue to improvements in the infrastructure of the civic space, the workforce and affordable housing within the district. I love that when we started talking about how to facilitate new construction within the district, the topic was around how do we preserve the artistic feeling that's experienced at the pedestrian level from streets and sidewalks, even when we build from the ground up and create things that didn't exist there before? And this led, with a suggestion in this case from Joe Furst -- doesn't like compliments very much, but I think I'll give it to him anyways -- that we establish a Wjmwood Design Review Committee to help new developers who came to the neighborhood by providing them with resources, and connecting them to the artistic community, and to help them build an awareness of the context, which is really the source of affection that the public feels for the neighborhood, so we're very concerned about not losing that. I love that we created financial incentives through this new NRD (Neighborhood Revitalization District) -- Commissioner Sarnoff.. And I don't mean to cut you off. Chair Gort: Yeah. Commissioner Sarnoff.. I will be leaving at 7. Mr. Polinsky: Okay. Well -- Commissioner Sarnoff.. It is nearly physically impossible to read into the record what we need to read in and make the motions. Vice Chair Hardemon: You'll lose quorum. Mr. Polinsky: So -- and for -- lastly, then, mostly, I appreciate you, Commissioner Sarnoff, for when we first brought this to you -- City of Miami Page 48 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Commissioner Sarnoff.. That was a great closing. Chair Gort: You might lose him soon, so. Mr. Polinsky: I think I'm going to remind you, when we first brought this item to you two years ago and commissioned a white paper, you said to us, "How fast can we get this done?" So I appreciate your saying it again tonight. And I also appreciate you, Commissioner Hardemon, for saying, "When you do this, be sure that everyone benefits, and that there are only winners and no losers." Thank you for your time. Chair Gort: Next. Albert Garcia: In the interest of time, Commissioners, I just want to provide an update. Thank you, Commissioner Hardemon, for inviting members of the Overtown community and the BID to meet in your office over the last hour or so. We had a very productive conversation, and we've agreed to continue conversations moving forward, and make a permanent connection between our two communities in the form of joint meetings moving forward to share information and unite together to celebrate our progress and our history, so thank you for that. And again, I want to underscore the fact that our efforts throughout this whole entire process have been to bring people together, to work together to, you know, collectively move forward on a shared vision, and that's been in the spirit of the NRD's creation, in collaboration with the City, who we also cannot thank enough for their partnership. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Next three speakers: Juan Motherat (phonetic), Alias Petroni (phonetic) and Andrew -- I can't pronounce the last name, but 331 Northwest 26th Street. Mr. Garcia: In the interest of time, for those that are supporting the NRD, since you already stood up and identified yourselves, if you do not want to come up and speak to allow the Commissioners to proceed, please signal to the Clerk that you're okay. Mr. Hannon: Yeah, I'm not going to -- if anybody else wants to speak on any of these items, please come and stand, and speak at the podium, if anyone else wants to speak; we'll do it that way. Irby McKnight: Irby McKnight, 1600 Northwest 3rd Avenue. I'm the chairperson of the Overtown Oversight Board. We have had an impromptu meeting, and we can live with this. We can live with it because it doesn't do us like other boundaries' intrusion have done. The Overtown boundaries have been expanded over the years to Northwest 17th Avenue and the river south, when they wanted to do landscaping in that area. When Spring Garden wanted a park, they became a part of Overtown, and got its CDBG (Community Development Block Grant) money, and got a park. But when we wanted to go to the Orange Bowl, we couldn't take the shortcut through Spring Garden because they put up a gate and blocked us. So that's why we are suspicious of all these hand-me-downs and hand -me -outs. Our boundaries also been expanded east to Biscayne Bay in 1977 because we wanted to increase the parks. It was called -- the bond issue was called 'from the ghetto to the bay." We got absolutely nothing out of that, nothing. Well, we got some more homeless people. However, with this agreement and the BID stating that they will join forces with us in Overtown, and help us clean up 20th Street; they're only taxing commercial properties, which we don't have a problem with. They're not harming any of our resident, no matter what their income level is. And thank you; thank you very much. Thank you. Chair Gort: Next. Commissioner Sarnoff.. All right, I'm sorry, I got to break quorum. I have to be there. City of Miami Page 49 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Renita Holmes: Good afternoon; just a second You leaving, Commissioner Sarnoff? Vice Chair Hardemon: He's going to break quorum. Commissioner Sarnoff. I warned everybody, and I wasn't kidding, I have to be somewhere at 7. Ms. Holmes: I didn't do it. Commissioner Sarnoff. I think you did it. Ms. Holmes: Really? Vice Chair Hardemon: Can we take this without your public comment? Ms. Holmes: If he's got to vote for it, yes. Vice Chair Hardemon: He really has to go. Ms. Holmes: Yeah. Well, my public comment is very important. I really would -- didn't. Chair Gort: Okay. Ms. Homes: Mm-hmm. That's him. It's just -- if I may, Madam Holmes, with the Women's Association. The last time I allowed a public comment to be taken was misinterpreted about racism and so forth, so it's not that, and I know, and my concern, Commissioner, was that, already, immediately, there were concerns that were expressed that we won't be meeting with the community of Overtown until two weeks, because the next meeting will be in August. And I feel like we're being pressured -- excuse me. I didn't disrespect you, and I know you're disappointed, but if I may, may I have some? Because I'm speaking for the people that's right adjacent to Overtown that have not had a voice, and if we've been doing this for two years and they haven't, that's fine; not just me -- I'm speaking for me, too, because I'm from there, and it can only take a second, Commissioner. There were two points; there were two points that we needed to be discussed. The border was removed, and now there's a traffic issue for the children. And when you get people who say that they're just doing business, and they're adjacent to residential properties, normally, in the black community, it's always, "Okay, you're across." Well, if it was all that, why did we remove the border? So I got traffic issues now; access issue for criminals, immediately; and then, when we come back to discuss it, we only got -- Vice Chair Hardemon: That was a good thing for you. That was a good thing for you. Ms. Holmes: I just spent two hours, I mean, of my time, trying to help my neighborhood, and I understand everybody else thinks -- I think it's a great idea, too, but let's be fair. Let's not try to force me to hurry up so you could vote, but if you want to vote it, fine. I think you just got somebody else, so -- Vice Chair Hardemon: Nobody's rushing you. You have two minutes. Commissioner Carollo: Go ahead, Renita. Ms. Holmes: So this is how it's going to be when you start talking as a person without a suit; that actually lives there; that knows across the street, cars come through from people, people parking in my children's parking lot; not getting to the E-lab; not benefiting from none of the commercial businesses. I see us have public businesses, and talking to my seniors, who don't know much about the Overtown Board, and the Overtown Board has a couple of members there City of Miami Page 50 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 that haven't been there in a while. So when I say we only have two weeks, Commissioner, to decide and hear what the proposals are -- they're not in writing -- we're always going forth. What? Two years to cross from there and talk to the people right there, and say, "support us"? We had three -- two or three years to talk. And then I look at all these other comprehensive master plan changes, and how it's going to benefit the trust and all these things to work out, well, I think they can hold a special meeting, even if you don't leave now. But 1 am not the one to ask questions and not get answers, when children from poverty are looking at businesses; increased traffic is risking their health; and there are environmental issues, that we're going to give away to businesses to make a difference from when they never cared. And lastly, why come across 20th Street -- I love Mr. Goldman. I think he's done a great job for who he is, but what has that got to do with south of 20th Street? And when my children are going to art programs and don't have any art, and they're looking and saying, `Auntie, why we can't go?" because we can't afford to go into this design, then we need to have more conversation as a people. And -- but this is how I'm going to be treated and disrespect? It might be good for the businesses, but we won't be there to go to the business, because we get gentrified out and squeezed in. And if it's all about police, well, we pay 6 million on that south side of 20th Street. We pay one million for six polices, so now, we got a pay it again? I'm just saying. Now, the commercial business owners have to pay it again? We're cross -intersecting. We're cross -- where -- we're commingling situations, and we haven't had a discussion, in the need of being in a hurry, when everybody else knew. Chair Gort: In conclusion. Ms. Holmes: In conclusion, when are we going to stop creating special districts right next to impoverished people, not considering what the other services and the increased density is going to do? When are we going to do comprehensive master plan changes, do according to the statutes, not according to the -- "Uh-oh, it's almost too late," and the roads of this City? When are you just going to be fair? What are you in a hurry to move us out for? Chair Gort: Thank you, ma'am. Next. Jay Chung: Dear Mr. Chairman and Commissioners, thank you so much. My name is Jay Chung. I'm part of the management, team member at Mana W mwood. I've had a pleasure of meeting some of you, if not all of you. On behalf of Moishe Mana and our company, we would like to express our endorsement and support of our W mwood BID, Business Improvement District. In response to some of the Overtown neighbors' comments and so forth, please be assured that Moishe Mana, himself, comes from a very humble background, and we are very sensitive to our neighbors. By observing, by supporting Wynwood BID, what these gentlemen and women have done over the past several years, it's remarkable. First of all, we do believe that it would tremendously impact the local economy by job creation; also, there is going to be an increase in security, along with making truly a City of Miami, if not the -- South Florida as one of the primary mecca for cultural as well as arts destination. It's already begun, and we like to believe that it's not just about few demographics, but it's about the entire Greater Miami that we should all be proud of. So I assure you that 1 will certainly communicate some of the members of Overtown, along with other neighbors, including Asian -American merchants that are making their presence currently, as business owners that we would certainly care and hear all the major issues that are pending. Thank you. Chair Gort: Thank you, sir. Cecilia Stewart: Cecilia Stewart, 1899 Northwest 1st Court. I just want to show you the presentation I have, showing our Historic Overtown community, and we want to keep that intact. We don't want the boundaries to be broken. We want to make sure that our heritage and our historic preservation is kept intact. Thank you so much. City of Miami Page 51 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: Yes, ma'am. Thank you. James Hunt: I'm back. I wanted to say thanks to Commissioner Hardemon for allowing us the opportunity, the Overtown and the Wynwood participants, to address our concerns about it. It was the consensus that we did reach a point where we could agree, and that we were willing to make certain things available or accessible to whoever, and they have agreed to do the same thing. And there are meetings being -- have been scheduled already, up to September, but prior to your September meeting, board. So by that time -- but the Wynwood staff have said that they are agreeable to our concerns, and they would do whatever they can legally to alleve [sic] our fears of what we might lose or what might happen. And at this point, it seems like a vety workable solution. And like I said, it was a consensus -- Chair Gort: Thank you. Mr. Hunt: -- that we did that. Chair Gort: Thank you, sir. Mr. Hunt: Okay. Thank you. Mr. Hannon: Anybody else wishing to speak on items FR.1, 2, 3, and 4, and PZs.14, 15, 16, 17? Chair Gort: Seeing none, hearing none, we'll close the public hearings. Commissioners. Vice Chair Hardemon: I just wanted to say, first, the BID knows that I still want to meet with you all on FR.1 through 4, and I don't think -- and just to be safe -- I'm not sure, but just to be safe, I know that I met with the BID concerning FR.1 through 4, but that's not a matter that I would have to disclose. I don't believe I've met with them in regard to 14, 15, 16, and 17, but just in case, I will say that I met with them, discussing the overall effects of zoning changes within the Wynwood area, and so I want to make that disclosure on the record before I place any type of vote moving forward, so if there's anyone that objects to me voting on this, say so now. But other than that, we still have things to discuss. I think we'll make some beautiful progress. Thank you for being amenable to the community and to this office, and hopefully, we can come to a consensus that's a win/win/win for everyone, okay? Thank you vety much. With that being said I would move -- do I have to do them individually, or can I do F.1 [sic] through F.4? Mr. Hannon: Individually. Mr. Garcia: Individually. Vice Chair Hardemon: I move FR.1. Commissioner Carollo: Second. Chair Gort: It's been move and second. Any further -- Barnaby Min (Deputy City Attorney): An ordinance -- Chair Gort: -- discussion? Yeah, Commissioner Carollo seconded. Any further discussion? Being none, all in favor, state -- Mr. Hannon: Chair, it's an ordinance. Chair Gort: An ordinance. City of Miami Page 52 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 FR.2 15-00806 Department of Planning and Zoning The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: And Chair -- Mr. City Attorney, is there a amendment to be made to FR.1? Mr. Min: No, sir. Mr. Hannon: Okay, so as is. Roll call on item FR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 21 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD," MORE PARTICULARLY BY AMENDING POWERS AND DUTIES OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD AND CREATING A NEW SECTION ENTITLED "WYNWOOD DESIGN REVIEW COMMITTEE"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00806 Summary Form FR.pdf 15-00806 Back -Up from Law Dept FR.pdf 15-00806 Legislation FR.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez FR.3 15-00807 Department of Planning and Zoning Note for the Record: Please see Item FR.1 for minutes pertaining to Item FR.2. Vice Chair Hardemon: I move to accept FR.2. Commissioner Carollo: Second. Chair Gort: Been moved and second The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item FR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDING/SECURITY SCREENS AND SHUTTERS," City of Miami Page 53 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 MORE PARTICULARLY BY ESTABLISHING CRITERIA APPLICABLE WITHIN THE WYNWOOD NEIGHBORHOOD REVITALIZATION DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00807 Summary Form FR.pdf 15-00807 Legislation FR.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez Note for the Record: Please see Item FR.1 for minutes pertaining to Item FR.3. Vice Chair Hardemon: I move FR.3 for passage. Commissioner Carollo: Second. Chair Gort: Been moved and second The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item FR.3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes in first reading, 3-0. FR.4 ORDINANCE First Reading 15-00809 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING PUBLIC BENEFITS TRUST FUND," MORE PARTICULARLY BY CREATING A NEW SECTION ENTITLED "WYNWOOD PUBLIC BENEFITS TRUST FUND"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00809 Summary Form FR.pdf 15-00809 Legislation FR.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez Note for the Record: Please see Item FR.1 for minutes pertaining to Item FR.4. Chair Gort: FR.5. Vice Chair Hardemon: I move FR.4. Commissioner Carollo: Second. Chair Gort: Been moved and second The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. City of Miami Page 54 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 FR.5 15-00654 Department of Real Estate and Asset Management 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, 3-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE," BY CREATING ARTICLE XI ENTITLED "LEASES OR MANAGEMENT OF CITY -OWNED PROPERTY GENERALLY AND LEASES OF CITY -OWNED SUBMERGED LANDS," TO IMPLEMENT THE PROVISIONS OF CITY CHARTER AMENDMENTS ADOPTED BY THE VOTERS ON AUGUST 26, 2014, WHICH REQUIRED THE CITY TO ADOPT METHODS TO ADMINISTER (A) CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY, AND (B) CERTAIN LEASES OR MANAGEMENT AGREEMENTS OF CITY -OWNED SUBMERGED LANDS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00654 Summary Form FR.pdf 15-00654 Back -Up from Law Dept. FR.pdf 15-00654 Legislation FR.pdf 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 Daniel J. Alfonso (City Manager): So we go to FR.5. Mr. Garcia: -- inclusive. Daniel Rotenberg: Good afternoon. Daniel Rotenberg, director, Department of Real Estate & Asset Management. FR.5 is an ordinance amending Chapter 18 of the Miami City Code, creating Article 11, entitled Leases or Management of City -Owned Property Generally and Leases of City -Owned Submerged Lands"; allowing the Administration to approve submerged land leases on City -owned land This ordinance was adopted by the Miami City voters on August 26, 2014, requiring the City to allow the City Administration to approve these agreements. Chair Gort: Thank you, sir. This is a public hearing. Is anyone in the public would like to address this issue? Anyone in the public? Renita Holmes: Mr. Chair, Madam Renita Holmes, on behalf of the public. In regards to the first reading of this item and then a discussion, as well as the general statement about requesting information, how would this nonconforming use inform, educate, or be inclusive or noti -- or given as notification? And how can my submission and request for information be provided in regards to the environmental impact report that would be considered? Because if I've got businesses, say, parking five or six transportation America buses on my street, and there are no trees; or I've got a bunch of women and persons with disability, walking down to their condos along the river, and there is no parking space, in the rain -- Victoria Mendez (City Attorney): Ms. Holmes? City of Miami Page 55 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Ms. Holmes: I'm sorry. Ms. Mendez: I'm sorry. This is the submerged lands item. Ms. Holmes: Right, but the submerged -- and as well as the use of submerged land. But I'm just saying, this is environmental, aromatic or -- as far as clean air and clean water. I'm just wondering what would be the position that they would provide to us? Because if we already got submerged land and people are -- in other words, you got submerged land. Treat me as if I'm one of my seniors out here living in that area where there's submerged land, or taxpayers on this nonconforming business, or revenues coming back from this nonconforming business. But in the interest of health and public safety, if the use has an impact on the safety and the health of a community, or in any nonconforming use, is it -- if it's an environmental issue that is affecting us and they haven't adapted to us, do we have right to know? Like if it's a business that's dumping bad stuff or causing traffic and it's just -- it's on submerged land, or the submerged land is being used and it has an environmental impact; are we entitled to it? I'm just saying. Are we entitled to that information, through the Chair, Madam Attorney? Ms. Mendez: Whatever information the City has -- Ms. Holmes: Yes. Ms. Mendez: -- we share with the community, so -- Ms. Holmes: Just one more question, if I may confirm. What I'm saying is, is it a required, is it a right for -- in any process that this City gives to a nonconforming business, to get a health or an environmental impact? Chair Gort: In conclusion. Ms. Mendez: I believe -- Ms. Holmes: That was the conclusion, and the question through the Chair. Chair Gort: Let me answer it. This is an issue that went to the voters a year ago, and the voters voted in favor of this. Just to give an example of what this is, you have places like the condominiums, that they have their own -- what do you call them? -- boat docks, which before, they didn't know who was having the jurisdiction to charge the rent to that, either the State or the City. So it was taken to the voters of the City of Miami, who voted for the City to take it over, and that's why it's in front of us as a -- as an ordinance, so we can go ahead and pass it on the first reading. All the information was during the campaign. You still get all the information from them. And anybody that needs to pull a permit, we do not do -- issue the permit. The permits are issued by DERM (Department of Environmental Resources Management), the State of Florida, and many other people that worry about the environments and so on, okay? Ms. Holmes: So -- Chair Gort: Yes. Ms. Holmes: -- I don't know if that means "yes" or "no, " Commissioner, that we're entitled to that information, whether it's coming from DERM. Chair Gort: To further answer your question, I'll ask to go to the staff, like I've been saying, and they'll put you up to date. City of Miami Page 56 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Ms. Holmes: But just for the note, through Mr. Chair, and I appreciate that all of the time, but we do realize how many times that that's been said to me, so I just would like to know and get confirmation from the Chair through our legal documents saying that we're entitled, because everybody's getting the use, but I'm not getting the information and the impact report. And according to the CDMP (Comprehensive Development Master Plan) and all these other -- there are confirmations; there are reports that need to be made about submerged land, particularly submerged land, you know, because of the jurisdiction. But I do believe -- Chair Gort: Thank you, ma'am. Please. Ms. Holmes: -- we have a right here of going back in public meetings and people not getting what they need, so that's why I'm asking the logical question, and I'm hoping that the 10 times that you've said this, Mr. Chair, that they'll fulfill this. Otherwise, we're not getting what we're entitled to. Chair Gort: I'm being very nice to it. I -- so far, two of the questions have been answered by the staff Ms. Holmes: This -- Chair Gort: This question, I'll ask them to answer to you directly, and they will do that, okay? Thank you. Ms. Holmes: Yes, sir. Chair Gort: We have to -- Ms. Holmes: Can you get them to answer the question from the other 10 meetings? Chair Gort: -- we have a great agenda. We have a lot of people waiting, and they'll give you the information. Ms. Holmes: I'm at work, and I appreciate that. And I'm working -- Chair Gort: Thank you. Ms. Holmes: -- for some of those people; that's why I would like to get it this time, not a promise to get it. Thank you, Mr. Chair. Chair Gort: (UNINTELLIGIBLE). You're welcome. Ms. Holmes: My time is very valuable here. Chair Gort: Thank you. Yes. Ms. Holmes: I appreciate that. Chair Gort: An ordinance. Todd B. Hannon (City Clerk): Chair, is there a motion? Commissioner Sarnoff. So moved. Vice Chair Hardemon: Second. City of Miami Page 57 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 RE.1 15-00792 Office of Management and Budget Chair Gort: It's been moved and second. Any further discussion? Being none, call the roll. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.5. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATES, TIMES AND PLACE OF THE PUBLIC HEARINGS AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY OF MIAMI'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. 15-00792 Summary Form.pdf 15-00792 Back -Up from Law Dept.pdf 15-00792 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0325 Chair Gort: RE. 1. Christopher Rose: Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. Today you have the opportunity to set the millage rates for the operating and debt service for the next fiscal year. This will be the millage rates that the property appraiser will use when mailing the property tax notices next month. The operating millage rate is proposed to remain the same as the current year at 7.6465 mills, and the debit service millage rate is proposed to be lower than the current year by zero -- .0499 mills; so, for the fifth year in a row, an overall lower property tax rate. I'll take any questions you may have. Daniel J. Alfonso (City Manager): One more thing. Chair Gort: Thank you. Mr. Alfonso: We're also, Commissioners, requesting to set the dates for the budget hearings in September to be the same dates as the Commission meetings on September 10 and the 24. Mr. Rose: Yes, sir. City of Miami Page 58 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: So you're requesting budget hearing to be take place on the 10th and 24th? Mr. Alfonso: That is correct. Chair Gort: Five o'clock. Mr. Alfonso: Five p. m., 5: 05 p.m. Chair Gort: Okay. Mr. Alfonso: Yes, sir. Chair Gort: Thank you. Commissioner Sarnoff. So move. Chair Gort: Been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.2 RESOLUTION 15-00477 Downtown A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A Development PROPOSED MILLAGE RATE FOR THE MIAMI DOWNTOWN DEVELOPMENT Authority AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("DDA"), FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; DIRECTING THE EXECUTIVE DIRECTOR TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH ITS ROLLED -BACK RATE AND THE DATE, TIME, AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. 15-00477 Memo - DDA.pdf 15-00477 Proposed DDA Board Reso.pdf 15-00477 Back -Up from Law Dept.pdf 15-00477 Legislation.pdf 15-00477-Submittal-Alyce Robertson -Memo from DDA Board.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0326 Chair Gort: RE.2. Daniel 1 Alfonso (City Manager): RE.2. City of Miami Page 59 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 RE.3 15-00846 Office of Management and Budget Alyce Robertson: Good afternoon. Alyce Robertson, executive director of the Miami Downtown Development Authority. The item before you today is setting the DDA (Downtown Development Authority) millage rate. This year we got a change in the cap of what we are able to levy. That new cap is going to be .475, and the recommendation is that you approve that as our maximum millage. Commissioner Sarnoff. So move. Chair Gort: Okay, it's been moved by Commissioner Sarnoff. Is there a -- Vice Chair Hardemon: Second. Chair Gort: -- second? Second by Vice Chairman Hardemon. Anyone in the public would like to address this issue? Seeing none, hearing none, we'll close the public hearings. Ms. Robertson: If I may? Chair Gort: Yes, ma'am. Ms. Robertson: I -- also being passed out to you is a substitute item, because it did not get into your package, the final thing; that was for the vote of the DDA Board last Friday. So that's what the substitute is about. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair Gort: As amended. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING AND ADJUSTING CAPITAL PROJECTS AND ADDING AND MAKING APPROPRIATIONS REVISIONS TO THOSE LISTED IN THE FISCAL YEAR 2014-2015 MULTI -YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. 14-0322, ADOPTED SEPTEMBER 9, 2014, 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 RESOLUTION NO. 15-0278, ADOPTED JUNE 25, 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 OF MIAMI DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH. City of Miami Page 60 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 15-00846 Summary Form.pdf 15-00846 Legislation.pdf 15-00846 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 Absent: 2 - Commissioner(s) Carollo and Suarez RE.4 15-00845 Office of Management and Budget R-15-0327 Chair Gort: RE.4. Daniel 1 Alfonso (City Manager): Three. Chair Gort: Three, okay. Christopher Rose: Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. Item RE.3 is an amendment to the capital plan. It makes several amendments, moving monies around within District 4 funds, within District 1, and within District 3; also has a few internal administrative moves, such as the Fire Department. And we are de -appropriating $500, 000 from one project and moving that, in the next item, to the operating budget so that we can then further move it to the Downtown Development Authority Roving Toilet Program. And I'll take any questions you may have at this time. Chair Gort: Thank you, sir. Commissioner Sarnoff So move. Chair Gort: It's been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING APPROPRIATIONS RELATING TO THE GENERAL FUND FOR THE FISCAL YEAR 2014-2015, PURSUANT TO RESOLUTION NO. 14-0362, ADOPTED SEPTEMBER 23, 2014, AS AMENDED, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2015; 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. 15-00845 Summary Form.pdf 15-00845 Legislation.pdf City of Miami Page 61 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0328 Chair Gort: RE.4. Christopher Rose: Thank you, Commissioners. Chris Rose, Office of Management & Budget. RE.4 is the companion item. It transfers out the 500,000 that we just discussed. It also allocates 325,000 to the International Association of Firefighters Retiree Health Trust, as required by the collective bargaining agreement; and it recognizes $350, 000 of prior -year fund balance in the special revenue fund for transportation and -- transportation for the On -Demand Transportation Program that the City runs. I'll take any questions. Commissioner Sarnoff So move. Vice Chair Hardemon: Second. Chair Gort: It's moved; second. Discussion. We have other items on On -Demand Transportation. Mr. Rose: We have one additional item on the On -Demand Transportation, sir. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Rose: Thank you, Commissioners. Chair Gort: Thank you. RE.5 RESOLUTION 15-00779 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY Technology MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") 472340, FOR THE PROVISION OF AN AGENDAAND MEETING MANAGEMENT SYSTEM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH ACCELA, INC., THE HIGHEST -RANKED RESPONSIVE AND RESPONSIBLE PROPOSER, FOR A CONTRACT PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL FIVE (5) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST -RANKED PROPOSER, THE CITY MANAGER IS AUTHORIZED TO NEGOTIATE AND EXECUTE A PSA WITH THE NEXT HIGHEST -RANKED PROPOSER, UNTIL AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, HAS BEEN REACHED. City of Miami Page 62 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 15-00779 Summary Form.pdf 15-00779 Memo - Manager's Approval.pdf 15-00779 Bid Security List.pdf 15-00779 Corporate Detail.pdf 15-00779 Request for Proposals.pdf 15-00779 RFP Response -Accela.pdf 15-00779 Legislation.pdf 15-00779 Exhibit - Agreement.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0329 Chair Gort: RE.5. Otto Contreras: Good afternoon. Otto Contreras, Deputy CIO (Chief Information Officer), IT (Information Technology) Department. A resolution accepting the recommendations for the City Manager approving the findings of the Evaluation Committee, pursuant to the REP (Request for Proposals) 472340, for the provision of the Agenda and Meeting Management System; authorizing the City Manager to negotiate and execute a professional service agreement, in substantially an attached form, with Accela, Inc., the highest -ranked responsive and responsible proposer, for a contract period of five years, with an option to renew for two additional five-year periods; allowing funds from the various sources and funds from the user departments and agencies, subject to availability of funds and budgetary approval at the time of need. Should negotiations fail with the highest ranked proposer -- Commissioner Sarnoff. So moved, Mr. Chair. Mr. Contreras: -- the City Manager is authorized to negotiate and execute a PSA (Professional Services Agreement) with the next higher -ranked proposer. Chair Gort: Thank you. It's been moved by Commissioner Sarnofff second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you, sir. RE.6 RESOLUTION 15-00754 Department of Solid TO BE DEFERRED BY THE ADMINISTRATION Waste A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED JUNE 8, 2015, FROM VARIOUS PROPOSERS AS IDENTIFIED IN "EXHIBIT A", ATTACHED AND INCORPORATED, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 495344, FOR COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE QUALIFIED PROPOSERS FOR SAID SERVICES, FOR AN INITIAL City of Miami Page 63 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 CONTRACT PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; FURTHER AUTHORIZING IN ACCORDANCE WITH THE RFQ, THE ABILITY TO ADD QUALIFIED FIRMS TO THE CONTRACT WHEN DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. 15-00754 Summary Form.pdf 15-00754 Memo - Manager's Approval.pdf 15-00754 Corporate Detail.pdf 15-00754 Invitation for Bid.pdf 15-00754 Legislation.pdf 15-00754 Exhibit A.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, 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 RE.7 15-00616 Department of Capital Improvement Programs/Transportat ion Note for the Record: Item RE.6 was deferred to the September 10, 2015, Regular Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE AMENDMENT NO. 1 INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE PROVISION OF MISCELLANEOUS LANDSCAPE ARCHITECTURAL SERVICES DATED APRIL 9, 2014, FOR ADDITIONAL WORK IN AN AMOUNT NOT TO EXCEED $250,000.00, THEREBY INCREASING THE AWARD VALUE FROM $250,000.00 TO AN AMOUNT NOT TO EXCEED $500,000.00; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 15-00616 Summary Form.pdf 15-00616 Professional Services Agreement.pdf 15-00616 Request for Qualifications.pdf 15-00616 Legislation.pdf 15-00616 Exhibit - Amendment.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0330 Chair Gort: RE. 6 is -- next, RE.7. Jeovanny Rodriguez: Good afternoon, Commissioner. Jeovanny Rodriguez, director of Capital Improvement & Transportation Office. RE.7 is a resolution of the City of Miami Commission, authorizing the City Manager to execute Amendment 1 to the design contract with Kimley-Horn for miscellaneous landscape services; increasing the contract capacity by $250, 000, for a total City of Miami Page 64 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 RE.8 15-00907 Honorable Mayor Tomas Regalado not to exceed amount of 500, 000. Commissioner Sarnoff So move. Chair Gort: Been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ENDORSING THE RICKENBACKER PARK PROJECT A/K/A"PLAN Z" FOR THE CITY OF MIAMI, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED; SUPPORTING ITS VISION AS PRESENTED, COORDINATING WITH AGENCIES TO MOVE THE PROJECT FORWARD, AND REQUESTING THAT THE PROJECT BE BROUGHT BACK TO THE CITY COMMISSION DURING THE EARLY DESIGN TO ALLOW FOR INPUT AND COMMENT. 15-00907 Legislation.pdf 15-00907 Exhibit A.pdf 15-00907-Submittal-Elijah Stiers-Plan Z Project.pdf 15-00907-Submittal-Commissioner Suarez -Letter of Support for Plan Z Project.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-15-0331 Chair Gort: PH.5. Wait a minute; I have two time certain. Mr. Mayor, you're recognized. And Commissioner Sarnoff, you also have a time certain after this. Mayor Tomas Regalado: Thank you very much, Mr. Chairman, Commissioners. I'm here for RE.8. RE.8 is a resolution of the Miami City Commission, with attachment, endorsing the Rickenbacker Park Project, a/k/a Plan Z, for the City of Miami, as described in Exhibit A," attached and incorporated, supporting its vision as presented; coordinating with agencies to move the project forward; and requesting that the project will be brought back to the City Commission during the early design to allow for input and comment. This is technical, but basically, what this is is a symbolic resolution of support. The members of the City Commission have been talking in many of the sessions about Rickenbacker Causeway, and especially the cyclists that have been killed in this road, which is a County road. The City of Miami does not have authority, but it has part of Virginia Key along this road. There is a group of volunteers that have come up with design in several phases, and those phases, number one, are the most urgent, which is a protected bike lane. The reason for this resolution is not to ask the City of Miami for money, not to ask the City of Miami to participate, but only to have input with the members of other bodies, and to go to the MPO (Metropolitan Planning Organization) and the County Commission who, eventually, will have the final responsibility. But since this is something that the City Commission cares, they wanted us to bring this to your table and to get a City of Miami Page 65 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 symbolic support so they can move on to MPO; and in this Commission, luckily, we have two members of the MPO, and they will, I'm sure, talk about the needs of first, the bicyclists. And I'm sure that you all have seen or heard about this plan of Mr. Zyscovich. I think we have a vety small presentation, if you want to -- you want to do it, Ralph? So it's some renderings, and as I said, what they're seeking from the City Commission is support of the concept so they can get on the agenda of the County Commission and the MPO. Sir. Ralph Rosado: Good morning. Thank you. I'm actually going to be the first of -- Mayor Regalado: Name. Mr. Rosado: Yes. Good morning, Mayor, Commissioners, Mr. Manager, and staff. My name is Ralph Rosado, 3472 Southwest 22nd Terrace. There's going to be a few of us, and Bernard Zyscovich -- Chair Gort: Bring your mike up. Bring your mike up. Mr. Rosado: Sure. Bernard Zyscovich, who's speaking next, will actually do that presentation, but I want to talk a little bit about the concept overall. I have the great fortune to know well the next several speakers. They represent a range of backgrounds, so you have architects and planners, roadway experts, business owners, attorneys, nonprofit leaders, and activists. Some are elite athletes; and some, like myself not so much, although, you know, getting better. What we all have in common is, like you, we love this city; like you, we recognize that Rickenbacker is a world -class amenity. It's a gem. It has absolutely gorgeous views, but like you, we also recognize that it's one of the most dangerous roads in our County. Unfortunately, in the past few years, we've had a few fatalities. The most recent one was Walter Reyes, whose wife is with us today. Unlike so many of the big problems in the world, this is actually one that's vety much solvable, and we're very much interested in working with you to advocate in front of the County to make sure that improvements are made to this that will last for generations and make our community just that much saver. Regardless of whether you're a bicyclist or a runner, if you're an area resident, if you're a visitor, if you're a pedestrian, this is something that benefits all of us. With your leadership and support, we can get Miami -Dade County to make the appropriate safety improvements for the benefit of all. Let Walter be, hopefully, the final one. Chair Gort: Thank you, sir. Next. Bernard Zyscovich: Good morning, Mayor, Commissioners, esteemed guests. My name is Bernard Zyscovich. I'm an architect. I'm a planner. Office is 100 North Biscayne Boulevard. I'm also one of those guys out there on the weekend, maybe not competitively with the rest of my colleagues; they can whip me pretty good, but I do it for exercise, I do it for pleasure. And one of the things that became very clear was that we think of it as a roadway, but in fact, it's the connecting link between some of the best assets that we have that cross three jurisdictions: the County, the City, and Key Biscayne. And one of the most important aspects of this plan, which has really two parts, is that people are out there, they're exercising, they're combating issues of health for themselves that help them in their daily lives, but they take their life at risk sometimes when that happens. We have plenty of roadway width, and one of the key issues here is that this should become a park It should become a recreational corridor. It is, in fact, an asset that is world -class, but we don't have the right connective tissue. We see the Rickenbacker Causeway as something that could generate acres of new public space, create a lot more safety. One of the challenges has been should we have plan that's small or should we have a plan that's big? And I have to tell you, now that we've met with elected officials in all three municipalities, with a lot of people that have been important persons within the community, we're being advised to do both, and therefore, we've come up with a two-part plan. One is the big vision, which we're going to be meeting again in the next couple of months to detail out; to really create a world -renown corridor for this entire asset for all three municipalities. But the other part is something we've City of Miami Page 66 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 been calling a pilot project. It is really a safety plan. We've analyzed it, we've costed [sic] it, and for under $2 million in total cost, we believe that we would be able to have lane separation and provide a safe and secure way where people could use the Causeway without taking as much risk as they do today. Thank you very much for your attention. Chair Gort: Thank you. Next. Victor Dover: Good morning, Mr. Chairman, Commissioners, Mr. Manager. My name is Victor Dover. I'm a town planner and urban designer in private practice; offices at 1571 Sunset Drive. I'm a fellow of the American Institute of Certified Planners and a co-author of the leading textbook on street design, but I'm also a regular user of the Causeway and a regular bike commuter. Along -- over the years, I've researched and documented many of the best street corridors in the great cities all over the world, and I confirm great -- good street design really is the key to good cities. I've also confirmed that the crucial ingredient to improving one of these corridors is phasing -- Bernard just mentioned -- smart, initial, first phases do something pretty powerful: They restore confidence in the place; confidence that there's safety there for all the users; confidence in our ability to make auto -- places that aren't just automotive space but are also beautiful and functional, welcoming corridors for residents and visitors. These first phases need two things: They need to be affordable and quick, and they need to be noticeable, and Plan "Z" for the Rickenbacker Causeway has all of that. Phase one, which Bernard mentioned that for just around a million and a half dollars would bring rationality to the car travel lanes, substantially expanding the space available for safe cycling, and sep -- most importantly, separating the bikes from the cars. There will be time to figure out all the engineering details, and the best return on investment of the long-term strategy for the Causeway in Plan "Z." But Plan "Z's " phase one is a no -brainier, and I urge you to adopt the resolution. Thank you. Chair Gort: Thank you, sir. Next. Frankie Ruiz: Good morning. Frankie Ruiz, 3575 West Glencoe Street, also co-founder of the Miami Marathon. As many of you know, I'm in support of Plan "Z"; bike out there, run out there pretty much every day. And I got to say that I know that bikers and runners aren't always the most active, speaking before Commissioners and whatnot, but I'm worried about those that aren't speaking, that they're moving out of Miami or not coming to live in Miami because we're not paying enough attention to making our roadway safer for bikers, and runners, and walkers. I estimate there's close to 25, 000 runners and cyclists in the City of Miami alone, so a pretty significant block of voters and residents, and I'm hoping that they can -- they speak up and not move out, but Plan "Z" definitely would send the message to the rest of the South Florida running and cycling community that we're committed to safety. Thank you. Chair Gort: Thank you, sir. Sue Kavalerski: Good morning, Mayor, Commissioners, City Manager. My name is Sue Kavalerski. I reside at 6830 Gratian Street in Coral Gables, and I'm here representing the Everglades Bicycle Club. I'm the vice president of the club. And I'm here along with one of our board members, Eric Spivey, to let you know a little bit about the club and about the Rickenbacker Causeway. Our club represents 4,000 cyclists in Miami -Dade County; 500 of them are actually paid members of the Everglades Bicycle Club. We use the Rickenbacker Causeway for recreational cycling, but in recent years, because of all the deaths that have been incurred there, we're avoiding the Rickenbacker Causeway, and instead, heading down south. As Frankie just said, what an awful shame it is to have one of the most iconic venues in all of the City of Miami and it being a detractor rather than an attractor for people like me, a recreational bicyclist. One of our members was the most recent that was killed on the Rickenbacker, Walter Reyes. So for the Everglades Bicycle Club, we're here to endorse this plan wholeheartedly, not only in the phasing but as whole. And we hope that you support this plan so that we can get safe cycling venues available for people like me and for the 4,000 members that we represent in the City of Miami Page 67 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Everglades Bicycle Club. So we appreciate you, so work with us. Chair Gort: Thank you. Next. Eli Stiers: Thank you very much. Eli Stiers, 509 Northeast 52nd Street, City of Miami. Mr. Mayor, members of the City Commission, thank you very much. I'm here to address why we need Plan "Z" to address what is what I've termed an emergency situation and a dangerous situation on the Causeway. Phase one will immediately address what is a dangerous situation on this Causeway and provide a barrier between cyclists and cars. I was instrumental in helping to write the Irwin Cohen Protection Act, which was passed last year unanimously in Tallahassee. And so the City has a unique opportunity to partner with a community who has acted and who has demanded change in this regard, and the City has an opportunity to really lead the way and to ask for our friends at the County to take the next step and provide the infrastructure we need to make the conditions safer. We really reached a tipping point here, and we ask the City to help us -- push us over the edge and help us get the changes we need to make the situation -- dangerous situation safer. Thank you very much. Chair Gort: Thank you. Next. Maribel Reyes: Good morning. My name is Maribel Reyes, 9251 Southwest 76th Street. Henry Hernandez: Good morning. Henry Hernandez, 506 Sevilla Avenue, Coral Gables, Florida 33134. Ms. Reyes: First of all, I would like to thank all of you for the work that you have done so far and for everything that you're going to do in the future. I'm not going to repeat what has been said before by those people that know more than me about the plan. All I'm here to say is that the money will be spent; let's just spend it on safety. Let's make sure that that is our priority. It is not just for the cyclists; the drivers, too, will feel saver if there is division among the cyclists and the drivers. And safety should be the number -one priority, and I'm here on behalf of those that cannot speak. So please, I'm just imploring you to make sure that safety is number one, and let's make sure that my husband, Walter Reyes, 9251 Southwest 76th Street, is going to be the last death in the Rickenbacker Causeway. Thank you. Chair Gort: Thank you, ma'am. Mr. Hernandez: Thank you. Chair Gort: Anyone else? Close the public hearing. Comments. Motion. Mr. Mayor, you're asking for a motion in support of the program; am I correct? Mayor Regalado: Yes, sir, Mr. Chairman. And as the backup material states, there is no commitment from the City of Miami in terms of funding, but the City of Miami is a stakeholder in the Rickenbacker Causeway; and through the MPO, through our Planning Department, the Building Department, Public Works Department, they will be involved in the future if this move forward. But the first step is only -- Chair Gort: Sure. Mayor Regalado: -- the protective bike lane. Chair Gort: Mr. Clerk, I understand we have a request from Commissioner Suarez? Todd B. Hannon (City Clerk): Yes, sir, Chair. Commissioner Suarez requested that I read a letter that he sent to Bernard Zyscovich on July 23, 2015. And it reads: "Dear Mr. Zyscovich, City of Miami Page 68 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 as a City of Miami Commissioner and Vice Chair of the Miami -Dade MPO governing board, I am pleased to write in support of Plan "Z" and the reconfiguration of the Rickenbacker Causeway as Rickenbacker Park. Plan "Z, " developed through your talents and that of your steering committee, comprised of professionals across a myriad of industries and community activists, transforms Rickenbacker Causeway into a safe, much -needed green space for cyclists and pedestrians. I specifically applaud Plan "Z's " proposal to enhance connectivity with mass transit by connecting with the City's and the County's public transportation networks. This will allow residents from all across the City and County to better access what promises to be beautiful and safe park space for the enjoyment of all who visit it. I fully support Plan "Z" and look forward to its implementation. Sincerely, Francis Suarez, Commissioner of District 4. " Chair Gort: Thankyou, Mr. Clerk. Commissioner Sarnoff. Mr. Chair, I'd like to make a motion for discussion. Chair Gort: Okay. It's been moved by Commissioner Sarnoff. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. You're recognized, Commissioner Sarnoff. Commissioner Sarnoff. Well, first, Mr. Mayor, I think -- applaud you on bringing this to the Commission; and further, to say that the Federal Government requires any particular road that they're going to have from April of 2015, that if they're going to have a bike lane, it must be a protected bike lane, so I think you're dead right about that. My only concern is -- I didn't see or I don't know if there's a resolution on behalf of the City of Key Biscayne supporting this. I don't know if there is or there isn't. I don't know if this increases or reduces traffic, but as they would say, that's the devil into details. I certainly think treating Virginia Key as a linear park is a great idea, and that is something that I think few cities in America have. So, you know, I certainly salute you and Mr. Zyscovich on moving forward. I just don't want, in any way, shape or form, to suggest that if it does get to the point when issues come up that this is seen as a ratification of whatever is inevitably suggested moves forward, because we're not seeing a lot. We're just seeing like 30,000 square feet, you know, from 30,000 square feet, peering down. I think we need to get the process moving. If you believe this moves the process forward, to treat Virginia Key and its causeway as a linear park, I certainly support that. But I think it should be something that comes back to this Commission frequently so that we know exactly what is -- what are the details thereof and, to some degree, where is Key Biscayne on this issue, the City of Key Biscayne, so that we don't get into situation maybe that we're in now. Chair Gort: Thankyou. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I don't think I could have said it any better than how the district Commissioner said it. I do want to point out that in the resolution, it clearly stipulates that the project be brought back to the City Commission during the early design to allow for input and comment, so we will have that opportunity. And I do believe it's -- it really is about safety; that's number one. Number two, I mean, who can vote against a ten -acre park in the water? I think it's great. Now, as someone who was born and raised here in the City of Miami and visited Hobie Beach many, many times, I have to admit, I'm not crazy about the idea of changing the name from Hobie Beach to Rickenbacker Park. As a matter of fact, I don't know why they can't coexist. It could still be Hobie Beach, but that park could be named Rickenbacker Park. So I don't see why we would have to change the name from Hobie Beach to Rickenbacker Park. I think, in all fairness, they can co -exist. And I guess now is -- I'm not trying to be a historical preservationist, but the bottom line is, I -- you know, I grew up with everybody knowing what Hobie Beach was, so I would like to stay with that name. But make no mistake about it, it is about safety; it's about adding parking space to our beautiful City; and I City of Miami Page 69 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 say, yes, let's move forward with this caveat here: that it does come back to the City Commission for early -- in the early design stage for our input and comments. Thank you. Chair Gort: Thankyou. Commissioner? I have to tell you, it's -- when I was a little younger, I used to go skiing all the time right (UNINTELLIGIBLE) -- we called them "los pinitos, " the pine beach where the pinitos are. And riding bicycle to that bridge, the third bridge, that's a challenge itself not only to ride the bicycle through it, but to run through it. So I believe anything that we can do to improve that area, it's good for all the cities. And I'm pretty sure the Town of Key Biscayne will be in favor of this, too, because a lot of the bicycles come out of Key Biscayne. So any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thankyou. RE.9 RESOLUTION 15-00631 RE.10 15-00755 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 SPONSORS: HONORABLE MAYOR TOMAS REGALADO COMMISSIONER FRANCIS SUAREZ Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item RE.9 was deferred to the September 10, 2015, Regular Commission Meeting. 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 Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, 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 City of Miami Page 70 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 RE.11 15-00804 SEOPW Community Redevelopment Agency Note for the Record: Item RE.10 was continued to the September 24, 2015, Planning and Zoning Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") TO ESTABLISH A CASH COLLATERALIZED LINE OF CREDIT IN AN AMOUNT NOT TO EXCEED $75,000.00, WITH FLORIDA COMMUNITY BANK TO SUPPLEMENT FUNDING ALLOCATED BY THE CRA FOR THE REHABILITATION OF TOWN PARK PLAZA NORTH, 475 NORTHWEST 19TH STREET, MIAMI, FLORIDA (FOLIO NO. 01-3136-083-0870). 15-00804 Summary Form.pdf 15-00804 Memo - SEOPW CRA.pdf 15-00804 CRA Board Resolution.pdf 15-00804 Loan Proposal.pdf 15-00804 Interlocal Agreement.pdf 15-00804 Back -Up from Law Dept.pdf 14-00804 Legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0332 Chair Gort: RE.B, we already heard it. RE.9, we also -- it was deferred. RE. 11. RE.11. Daniell Alfonso (City Manager): Commissioner, RE. 11 is a resolution of the Southeast Overtown/Park West Community Redevelopment Area [sic]. They just seek to establish a cash collateralized credit account. Clarence Woods: Yes. Clarence Woods, the executive director of the Southeast Overtown/Park West CRA (Community Redevelopment Agency). And this particular item, Commissioners, will provide funding from Federal Home Loan Bank in the amount of $150, 000. One of the requirements is that we maintain a $75, 000 cash collateral account in order -- I mean, it's a match in order to draw down on $150, 000. This is for Town Park North, a part of our efforts to augment the financing that we've already approved for that rehabilitation effort. Vice Chair Hardemon: So moved. Chair Gort: Thank you. It's been moved by Vice Chairman Hardemon. Commissioner Sarnoff. Second Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Anyone in the public would like to address this issue? Seeing none, hearing none -- Renita Holmes: Madam Renita Holmes, Women's Association Alliance -- Chair Gort: In the mike, please. In the mike. City of Miami Page 71 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Ms. Holmes: -- Against Violent Epidemic; as well as Women in Public Housing, Education, and Finance and Development. A question, if I may, through the Chair: Is Town Park still considered public housing, or is this a private entity? Vice Chair Hardemon: Town Park North isn't public housing. Well, you can describe it better. Mr. Woods: Town Park North is a condominium, so it is private. Ms. Holmes: It is private? Does it receive any federal funds at all? Mr. Woods: Well, I can't answer whether or not it receives federal funds, but the funding that they're receiving from the CRA is from the CRA. This is Federal Home Loan Bank money, which is an agency of the Federal Government. Ms. Holmes: Yes. And with that, it was just my concern -- and requesting a point of clarity as a public housing advocate and a Women in Public Housing, Education, and Finance, Commissioner Hardemon, through -- we have received several complaints and are still serving some with supportive services. While we're not attorneys, we do have paralegals available. And there was question of funding and that was provided to the homeowners that still, to this date, many have not found; some have been evicted since then. And I just want to make sure that federal guidelines, which ensure that the civil rights, as well as legal representation, as well as financial education, is adequate, because I know that anything that's done in the name of women in Town Park or impoverished families and members requires just a little bit more clarity, and I don't even have that clarity. And I just want to take note through you, Commissioner, because that's coming back to us. And as soon as I can get in there to talk about you, we could talk about some of the things that we're not getting answers to. Thank you again, Mr. Chair. Chair Gort: Thank you, ma'am. Ms. Holmes: And I will await your answers to this further, Mr. Clarence, because I would love to see the federal guidelines applied. If they were applied, we would not be asking these questions. It would mean that certain guidelines attached to State funds are comingled with any other funds or taxpayers funds keeps those guidelines. And when you hear the Feds tell you, "Oh, well, we got those guidelines in the place," but we're not seeing those -- or not getting the answer, nor clarity. I'm confused as to whether or not that money that was missing the first time gone get missing again; not saying you. Chair Gort: Thank you, ma'am. At this time, I'll get Mr. Wood to sit down with you and explain the whole process to you. Ms. Holmes: And Mr. Woods -- Chair Gort: Thankyou. Ms. Holmes: -- has been very open. Chair Gort: Thankyou. Ms. Holmes: Thank you, sir. Chair Gort: Yes. Ms. Holmes: It's the City I'm concerned with. Chair Gort: Okay. Any further discussion? Anyone else in the public would like to address this City of Miami Page 72 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 RE.12 15-00483 Wynwood Business Improvement District (BID) Board issue? Okay, we close the public hearings. There was a motion and a second, right? All in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), EXTENDING THE BOUNDARIES OF THE SPECIAL ASSESSMENT DISTRICT AREA KNOWN AS THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FORA PERIOD OF TEN (10) YEARS SUBJECT TO THE APPROVAL OF A MAJORITY OF AFFECTED PROPERTY OWNERS; PROVIDING FOR NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, THE WYNWOOD BID EXECUTIVE DIRECTOR, AND ALL OTHER NECESSARY CITY OFFICIALS AND WYNWOOD BID BOARD MEMBERS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL ACTIONS AND PROCEDURES NECESSARY TO CARRY OUT THE INTENT OF THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES. 15-00483 Memo - Wynwood Bid.pdf 15-00483 Legislation.pdf 15-00483 Exhibit A-1.pdf 15-00483 Exhibit A-2.pdf 15-00483 Exhibit B-1.pdf 15-00483 Exhibit B-2.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-15-0342 Chair Gort: RE.12. Albert Garcia: Good afternoon, Mr. Commissioner, esteemed Commissioners. My name is Albert Garcia. I serve as the vice chairman of the board of directors of the Wynwood BID (Business Improvement District). As you know, the Wynwood BIDS [sic] represents a coalition of approximately 400 property owners united in their commitment and in the revision to enhance the quality of life in Wynwood. The BID has had extraordinary success since its inception two years ago. We provide crucial services to the district, including added security, sanitation, marketing services, and as a result today, our community has never been brighter, cleaner, and safer. Many Wynwood property owners have asked us to amend our borders to expand -- to include them in the BID. These property owners were not included in the initial ordinance when we came before you two years ago to enact the Wynwood BID, so as a result, we're here today to present this resolution for your consideration. This will enable us to return to the district and start an election process where property owners will be able to vote to decide if they want to be included in an expanded BID. As a side note, I also want to point out that there is a Wynwood City of Miami Page 73 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 property owner by the name of Mr. Moishe (UNINTELLIGIBLE), which you may be familiar with. He's in the process of applying for a special area plan, and it's our understanding that while we haven't seen this plan, if it's approved, he may not be a part of the BID. This expansion will result in allowing us to provide more efficient services and better position as for our future. So thank you. Chair Gort: Thank you, sir. Now, my understanding, this is requesting to go out and have an election take place for the addition that's going to be -- Francisco Garcia (Director, Department of Planning & Zoning): It's petitioners, that's correct. Mr. A. Garcia: Petition and affidavits. Chair Gort: Okay. Mr. F. Garcia: And affidavits. Chair Gort: Okay. I don't see that in the map that I was given. I only see one map, and I don't see the extension where it goes. I understand I was going to get that today. Victoria Mendez (City Attorney): That's the Wynwood boundaty map. Is that what you need? Right. You need something in addition to that? Chair Gort: No. I want to see what the boundaty -- the new boundary's going to be. Mr. A. Garcia: What you're holding is -- Ms. Mendez: I will hand you the current boundaries as to the new ones. Chair Gort: Okay, this is the new boundaty. Is this going all the way to 29th Street? Mr. A. Garcia: And Mr. Chairman, if you'd want me to just clarify. We're not geographically literally expanding the perimeter borders. It's really filling in pockets within our boundaries that initially weren't picked up by the BID. Chair Gort: No, I understand. But I didn't have that -- Mr. A. Garcia: Oh, okay, of course. Chair Gort: -- I did not have that information; I got it now, so. Mr. A. Garcia: Okay, great. Chair Gort: Okay. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir, you're recognized. Vice Chair Hardemon: My first -- are we doing a public hearing on this section or --? Chair Gort: Yes. Anyone in the public would like to address this issue, you're welcome to come forward. Renita Holmes: Madam Holmes for the public, resident for Overtown. And I wanted to take the City of Miami Page 74 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 time, Commissioner again -- boy, so many pictures to download, because what they say and what they do -- but we provided notification to the public; is that correct? And in this notification, were those new boundaries the boundaries that were given to the public for notification or are these now just being submitted? Are they advertised, just like the wrong ones were? Daniell Alfonso (City Manager): Commissioner, as the gentleman spoke, the boundaries -- the outside boundaries have not changed The -- go ahead Explain, please. Mr. A. Garcia: So, the -- Mr. Alfonso: Go ahead Mr. A. Garcia: Would like for me to answer? Yeah. So our boundaries, in the fixed sense, have not changed Think of a slice of Swiss cheese; has lots of holes in it, and within our boundaries, the commercial properties that are included within those boundaries that were not included in the initial run have asked us to include them, and we can't just, you know, ask them or accept their membership without going through a proper process where we have affidavits, and we've petitioned them to ask them officially on the record if they so choose to be added. It's almost like -- it is an election in a sense where the property owners will be voting themselves into the BID, and the existing BID property owners also have to vote to accept that expanded boundaries. So we're not actually expanding the boundaries today; it's starting a process by -- through which property owners will be voting to be included in the BID. Ms. Holmes: To be included in the BID. Chair Gort: Thank you, sir. Ms. Holmes: Does that change any value or have any financial impact at all, these new holes? Ms. Mendez: I -- I'm sorry. Madam Holmes, I think we need to clarify a few things, because -- Ms. Holmes: Yes, ma'am. Ms. Mendez: -- the boundaries are expanding. Ms. Holmes: Yes. Chair Gort: Yes. Ms. Mendez: They are expanding. I wanted to clarify that for the record. Mr. A. Garcia: So our boundaries to the north and to the south are expanding from west to east all the way to I-95; and to the east, to the EEC (Florida East Coast) rail line; to the north, on 29th Street, we pick up one folio on the north side of 29th Street; and on the south side, on 20th Street on the southeast quadrant of Wynwood, one folio to the south, to be clear. Ms. Mendez: Okay, thank you. And that is the same information that is being -- that was done in the exhibits, and it's -- so, I just wanted to be clear for the record; they are expanding. And adver -- it was properly advertised and went through the proper process and all that, so just wanted to clarify that. Mr. A. Garcia: And this is only commercial properties, not residential, to be clear. Chair Gort: Thank you. City of Miami Page 75 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Ms. Holmes: I guess, if I -- thank you, while I might not agree with that interpretation. However, what does make proof Commissioner Hardemon, through the Chairperson, is that I have Rainbow public housing folks, and I don't see any of these moms here. And I've got -- and there are other items that are here, but when I look out at Dunbar behind me and the Design District, which my mom fed us very well to work in there, and that building is still open now, (UNINTELLIGIBLE), and I'm wondering if that added value or the added value was included in the notification -- I'm just saying -- about commercial properties. But there is one where you always say to me, "We have to look up." And when I look outside Rainbow and it's a parking lot where the kids play, and they got folks parking in their parking lots with the traffic and all that, but the building, the commercial building is not well kept, but it has this big sign on it says, "Wynwood" I'm concerned about what boundaries are what. And when I think about people having commercial buildings in the area, and doing new development, and it's already a large plat, I'm wondering what are going to be the benefits -- notification to the people, so that's something I don't want to elaborate on, because you have others, but it is another thing about we're expanding boundaries and redistricting, and poor folks ain't getting nothing out of it. Chair Gort: In conclusion. The people -- the residents and the property owner has to vote if they want to do it or not. Ms. Holmes: Well, my concern was the poor people's vote. Chair Gort: (UNINTELLIGIBLE), okay? Ms. Holmes: Mr. Chairperson, my concern is the poor folks' votes, because just because I'm across the street doesn't mean I don't have say-so, and we'll address it further. Chair Gort: Okay. Ms. Holmes: And I would like a legal interpretation to continue about the inclusion of Rainbow public housing women, because that's my job. And if you going to build something next to me and you already got "Wynwood" on it, and I know damn well for 50 -- excuse me -- 50 years, it's been "Overtown," I'm going to say either there's a lack of communication, there's a lack of clarification, there are new modifications, and thus, there's no real notification. Chair Gort: Thank you, ma'am. Ms. Holmes: Thank you. Chair Gort: Yes, sir. James Hunt: My name is James Hunt. I'm here -- Chair Gort: Speak in the mike, please, sir. Mr. Hunt: All right. My name is James Hunt. I'm here in reference to the same item. I was waiting for another item here, for the Wynwood situation. But I have quite a few people who are saying to me in the community that they were not aware that that area was open for somebody to expand, which means to them you are expanding Wynwood at the detriment of Overtown. And what they are saying to me is what's the priority? Overtown is more of a historical area than Wjmwood. Wynwood was called "Buena Vista" about 30, 40 years ago, and they change it to Wjmwood. Our concern is that you won't stop there. If you had that boundary and you did not do the things you need, so you want more land to do nothing, and somebody has to suffer. Why do we always in Overtown have to be the one to suffer? In fact, some of the people even changed the name from "Overtown," and they're calling this "Just us." You know what that means? It means, when you get through taking and doing everything, and all the contractors come in and City of Miami Page 76 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 do this -- the housing and everything, nobody's going to be there "but us," because everybody going to get the money and run. So why do we always have to take a backseat to allow another area to revitalize their community when we're still worrying about our community? I was going to say that, but I'll be backup here, particularly when I get a hand on what that boundary is from Wjmwood. And I like I'm saying here, I'm not just one person; a lot of people out here now. But they had asked that we not sit back -- you know what it sounds like? Nineteen Sixty -Two FDOT (Florida Department of Transportation). We're going to put I-95 on the Florida East Coast area. That was on Miami Avenue -- First Avenue. You know where it ended up? It ended up on 4th Avenue, 5th Avenue. You wiped out approximately five square blocks. We're not going to let that happen. And what we're doing, we're advising you, if there's going to be some type of appeal process -- I understand that -- some kind of process -- Chair Gort: Sir. Mr. Hunt: Yes. I'm going to be back, so you might as well hear me now. Chair Gort: All right. Now, we hearing you again the second time. Mr. Hunt: Okay. Chair Gort: No problem. Mr. Hunt: Well, I'm going -- Chair Gort: Thank you, sir. Mr. Hunt: -- to be back. I'm not going away. Chair Gort: No, we don't want you to go away. Mr. Hunt: I'm not going to sit there and let Wynwood take all the property that they didn't get before. Chair Gort: We don't want you to go away. Mr. Hunt: Okay. Chair Gort: Thank you, sir. You want to go to the CRA (Community Redevelopment Agency)? Vice Chair Hardemon: Well -- no, I want to make sure that I get a chance to hear whomever wanted to speak, and then I'll address everyone's concerns. Chair Gort: Okay. Marta Zayas: Marta Zayas. My address information is waived. I don't know if that's the right wording. But I'd like to speak and echo the sentiments that we need to be very careful when expanding boundaries with regards to making a target area larger, because we are going into other neighborhoods that have tradition, culture, identity, history, so we need to try to be very sensitive when that is done; that those who live in these areas are in agreement, so I just wanted to bring that point up. I think it's a sensitive point that I'm sure you'll consider. If there are holes inside of the map, it's another story, but when we're moving beyond a boundary line and wiping out a neighborhood that has such importance, we need to be more sensitive. Thank you. Chair Gort: Thank you, ma'am. Anyone else? Come on forward. If you want to speak, please come on forward. Sign up and come on forward. City of Miami Page 77 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Ms. Holmes: I think (UNINTELLIGIBLE) -- Chair Gort: She wants to give you two minutes, so you can have two more minutes. Ms. Holmes: Yeah. Thank you. Chair Gort: Yeah, okay. Ms. Holmes: And so with that, there were others that gave me minutes, and I guess I have to get a developer's license to speak and have rebuttal on behalf of those that are my neighbors. And again, it is my concern that -- and this is indicative that it's unfair, because you have folks that cannot access the computer; have not accessed an agenda today because there weren't enough printed; that did not read the notification; and that do not have an attorney, and yet, we're battling for our land rights and for our heritage. Commissioner Hardemon, I'm doing my best, and when I try to get the information before then, Chairperson, it's difficult, because you know I'm out here. But aren't they entitled to proper notification, clarification, information, education on expanding in a special district? Who's going to put someone on the board? What are the outreach methodology to this? Because it's not just -- they're here forRE.15, PZ.17, and right now, I'm just seeing an imbalance in the way -- we got attorneys over here. We got your explanation, Chairperson Gort. I've got my Commissioner -- God bless him -- that everybody else is kind of absent and moot on this right now -- for right now, but then, where is the outreach, where's the support for the people? So I ask this question again through the Count -- the City Commissioner, is there any guidelines for notification on special tax districting expanding boundaries? Because we didn't know until we got this agenda, until somebody else called And that person, I don't know if they're representing the City or they just representing the homeowners. And it's hard to have people come down and have you talk for the sake of a public hearing, because the public hearing is two minutes, and then they vote, and then you get this, "We'll talk to you the next time." In the expansion of a district, you have aerial issues, you have environmental issues, you have social impact, and we have financial impact. And these people -- have any of you -- have you read that, ma'am? Have you read any of that information? Chair Gort: Excuse me. Ms. Holmes: Thank you. Chair Gort: Thankyou. Ms. Mendez: Chairman, would you like me to read the timeline for all these things or --? It's up to you. Or I could just give a copy to Madam Holmes. Do I give her a copy of the timelines? Okay, I'm going to give her a copy of timelines so she knows the whole process. Thank you. Vice Chair Hardemon: Mr. Chairman, is the -- Ms. Mendez: I'm going to give it to -- yes, there is proper notification -- Chair Gort: Excuse me. Ms. Mendez: -- for everything. Chair Gort: Excuse me. We work through the Chair. Ms. Mendez: Through the Chair. Chair Gort: Thankyou, okay. Yes, sir, you're recognized. City of Miami Page 78 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Vice Chair Hardemon: Is the public hearing closed Mr. Chairman? Chair Gort: Yes. Vice Chair Hardemon: Thank you vety much. There's significant reinvestment into the Overtown area; we see it, we see it. Those of you who live in Overtown know that you have more cranes in the sky than you've ever had before; we see it. We are putting our best foot forward when it comes to redeveloping that community because that community means so much to the City of Miami. If a place like Overtown is not redeveloped, it puts us in a situation where we cannot brag about the beauty of our neighborhoods, which I believe is what makes City of Miami so special. City of Miami is one of those only places where you can have a downtown skyline like we have, but then also have a Wynwood, but then also have a Design District; but then also have cultural neighborhoods, like Little Haiti, Little Havana and Overtown. Overtown is the next -- and it's currently, but it's still the next big cultural destination for the City of Miami, period And so in doing that, I want you to think about how our communities will connect, how they will interact, how they will complement each other. Imagine a drive coming from downtown, heading through Brickell; touching Overtown, jazz, blues, night life; going north and walking into Wynwood, bars, restaurants, music, art; and then moving north to the Design District; and then traveling further north through Buena Vista and to Little Haiti. Imagine all of that in the City of Miami, and that's just on our side. I haven't talked about Calle Ocho yet. So you have to think about the connectivity of our communities, and when you think about that connectivity, we have to do what we can together to make sure that our neighborhoods are not rivals, but are partners. And so I say that to you because the Wynwood BID (Business Improvement District) and the way they describe these boundaries is not a physical taking of land What you're seeing are property owners that have decided that they want to pour more resources into things like police services, cleaning services, and things of the like to make and attract the same type of foot traffic to their community or to their business, the way that Wynwood has done theirs; however, we in the Overtown area know our history. We know the threats that have been fulfilled within that area, and so it's important that the people of Overtown play a role in how their neighboring communities grow, because that cultural sensitivity that's there, that needs to be there has to be nurtured, and without nurturing, what I believe will happen is that you'll have an agitation from one side towards the other, and then that side towards the next. And so I say that to all of you because I want those who are stewards of that community, I want those of you to know that we take that vety seriously here on this dais; so, Ms. Stewart, you should know that, and you know that, right? So what I would like to ask is for the people who are stewards -- sir, I would like to ask for you all to participate in sitting down with me and the BID, and we'll help them with their boundaries. We'll help identify what's significant to the community of Overtown because you know what those boundaries are; about 22nd Street, want to preserve Dunbar. So we know what those areas are, so we want them to be able to sit down with that community so they can say, "This is what this means to us"; and then also, it gives you an opportunity to hear what it is that they're doing. When you hear what they're doing and then what we can do is talk about what we're doing in Overtown. So, for instance, has Wynwood BID -- I've heard today, I've heard many times before that Wynwood or that the City pays for more police officers in Wynwood, and that's not true. The way that the BID is set up, the BID pays for additional police force to patrol their area during these times of high traffic . So we ask of ourselves, "Well, why can't we have more police officers in Overtown?" because that's the area where crime is occurring, people are dying, "X, " "Y" and " Z, " some of the areas. So the answer is, well, we have done that. The difference is that they hire off -duty officers, and we're trying to bring on full-time officers. We're try -- and we've already allocated the dollars to bring on full-time officers who are concentrated on the CRA (Community Redevelopment Agency) area, which is Overtown, and those officers will only patrol that area. The difference between hiring all new officers and having off -duty officers is timing, because we have to purchase them new police cars; we have to hire them; we have to give them their uniforms; we have to give them -- we have to do all of this to supplement the police force that we have in the City of Miami to City of Miami Page 79 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 enhance it. And so I say that to you to say that we have dollars invested towards keeping our streets clean, and many of those people that are working those groups, you know personally, because they're from Overtown. We have dollars towards our police protection; we have dollars towards reinvestment; we have dollars towards kids and internships during the summer; we have dollars towards arts and culture, through the Lyric Theater; we have dollars towards bringing upon or encouraging small business development, such as Jackson Soul Food, Two Guys and the like, House of Wings, and the list goes on. So we're doing everything that we can, including bringing in new affordable housing. We're doing what we can to encourage people to stay within their current housing. So I say that to you to say we're doing a lot, and we're doing it with our dollars that we're reinvesting from the Park West/CRA area. BID is doing a lot, and they're doing it with their tax dollars that they've taxed their property owners. The BID, I guarantee you, does not want to take on Overtown. Thomas, you know that, right? You know that, right? They do not want to take on Overtown. When I say "take on, " I mean in -- not in the literal sense. I mean it in the sense that you grew up with, knowing when you had to go outside to protect your brother, your sister, your cousin and your family; and they sent you back outside when you came in the house, crying; you understand? So I'm saying to you this: What we're going to do -- this has two readings. We're going to get through this first reading. Immediately, right now, I would like the people that I've named to come with me to meet (UNINTELLIGIBLE) with the BID. We will outline the boundaries now. The next time this comes forward, the boundaries will represent the way that you think it should represent it. The BID has a number of different items that are on this agenda that require some TLC (tender loving care). We will be able to give that TLC, and through some discussions I've had with the BID, they are willing to hear those changes out and make some adjustments, and so those adjustments should be beneficial, not only to the BID, the body that's taxing themselves, but to the surrounding communities and other communities within the City of Miami. So we're included, we're at the table, and the people that have the best voice within that community will have an opportunity to say what it is they need to say before it comes to the public hearing for the second time. Thomas, is that fair? I can't hear you. Is that fair, Thomas? Yes? Yes? Ms. Mendez: Commissioner, I just wanted to clarify, this is a resolution to begin the process. Obviously, on November 19, the City Commission will listen to affected property owners and such, but we cannot really change the boundaries right now. Vice Chair Hardemon: Right. This one is the extension -- Ms. Mendez: I know you meant all the other resos -- Vice Chair Hardemon: Right. Ms. Mendez: -- that are first and second reading, but I just wanted to clarify for the record. Vice Chair Hardemon: So what I'd like to do then is this: Those individuals who I've identified what we're going to do -- BID members, you should understand -- we'll take a -- we'll table this until later. When we get another Commissioner up here, I'll be able to pull you all to my office so you can discuss the boundaries right now before we vote, at least on this RE (resolution). That should be a quick, painless process. Yes, ma'am, one second. Unidentified Speaker: (UNINTELLIGIBLE). Vice Chair Hardemon: Ms. Holmes does not represent the community. We have some -- let me say that -- I mean, let me correct my statement. Ms. Holmes is one of our stakeholders within our community, but the individuals in this that I wanted to make sure were there, were people who were -- that always fought -- hear me out, hear me out -- Ms. Holmes: No, I'm just approaching. May I approach? City of Miami Page 80 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Vice Chair Hardemon: Sure. -- are individuals who are members of the Overtown Oversight Board and members of a homeowners association that is active in that area, so that's why. If there is -- unless there is some great need from the Overtown community that wants Ms. Holmes there, that's the way that I will have it, okay? Is that fair, Ms. Holmes? Ms. Holmes: Commissioner, when I came here to address and Ms. Thomas gave in, and as before, I talked about clarification, education, and information. As a registered lobbyist in the City of Miami and Miami -Dade County, I have a -- represented as a local business owner, serving these same persons with disability, as described in our mission statement, I came in as Women in Public Housing, as those adjacent to the Wynwood that are making complaint, as I told you before, and will continue with some other of those same -- knowing the -- realizing the level of understanding, and understanding that our State corporation says "education, advocacy and support" -- Ms. Thomas them know me well. So when you say "stewards," I have done so for 15 years. When we talk about level of comprehension, I believe they can need help. And if everyone else can speak to my community on behalf of development right across the street, and I live there, and have a business license, I'm wondering why I'm being ostracized, because I'm serving them. And I've helped Ms. -- just as much as Ms. Stewart, you know. And as an appointee to the Commission on the Status of Women, I'm there to talk about smart growth, and so I'm wondering why I'm continuing to be ostracized when I have that level of comprehension. I've done everything that a developer has done. I've done everything, besides speaking in outreach to this person, and I have educated you, Ms. Thomas, and this gentleman that's -- I'm wondering why I am not being invited when I'm registered here. And I feel like I'm being discriminated against, because I'm limited to a stakeholder. And at least you're speaking to me. Other folks around here trying to beat me up with all of these (UNINTELLIGIBLE) y'all got in here to keep me from shutting up. I'm wondering if really, people don't want me to get involved and represent Overtown, where I live there and pay my taxes to. And it's selective, I guess, because these people don't know what I know. Maybe it's to silence me; maybe it's to beat me up and be diplomatic, because I know better. And I think it's wrong for me not to be able to help my seniors; not to continue to provide services to persons with disability, to be the organizer that I am, and even a union, because what 1 saw and what you saw that night in that church, that's why. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: Madam Holmes, I know your passion. I was at the church and I understand what happened. Ms. Holmes: (UNINTELLIGIBLE). Vice Chair Hardemon: Hear me, I understand. What I'm saying to you is this: What we're about to have is not a matter of -- it's not going to be a debate, it's not going to be a talking period it's not going to be talks back and forth. Ms. Holmes: Yes, sir. Vice Chair Hardemon: There are people who came specifically to address this issue today, and I know who those faces are. And you have many battles that you want to win within this Commission meeting. And so what I'm trying to do is just simply have those who came here for this issue. And better yet, I'll do this -- Ms. Holmes: They came for PZ.17, too, Commissioner; through the Chair. City of Miami Page 81 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: Excuse me. Vice Chair Hardemon: All right. Yeah, assuming -- okay. Ms. Holmes: Yes, sir. Vice Chair Hardemon: So, it's fine. Remember that I'm sitting on the dais. When we go back there in this meeting, don't give me a hard time. You give me a hard time -- Ms. Holmes: Don't profile -- Vice Chair Hardemon: -- and we're not going to have words. Ms. Holmes: I love you. We had -- but you invited me last meeting. Vice Chair Hardemon: Okay, I'm going to be fair -- Ms. Holmes: I got you. Vice Chair Hardemon: Okay, thank you. Ms. Holmes: But we need to have words anyway -- Vice Chair Hardemon: Thank you. Chair Gort: Thank you. Ms. Holmes: -- but we'll do it separately, okay? Vice Chair Hardemon: Okay. Ms. Holmes: All right. And thank you, Mr. Chair. Chair Gort: Yes. Ms. Holmes: I hope you do this with them. Chair Gort: The public hearing was closed, and now they have discussion between the Commissioners and anyone he would like to call. Vice Chair Hardemon: You want to say something, one more thing? Yes, sir. Mr. Hunt: Commissioner, the idea that you just presented is the one that myself and quite a few other people, we're willing to listen to. When I was asked to participate as a stakeholder in Overtown, it is not because I live some other place, but I put a lot -- in fact, I put 60 years into Overtown. I'm still wearing a hat. I still identify with it. I walk up and down the street and have no problems, but I was afraid, like the others, that if we let this go at this point, the next time, we won't be able to stop this or anything else. We need to sit down with whoever the stakeholders are, with you and the committee, the Commissioners, and make sure we all in agreement. We don't all have to like how it come out, but we have to agree to sit down and discuss it, and come up with something that's going to be presentable. Vice Chair Hardemon: Yes, sir. Mr. Hunt: When I heard -- the reason I flew off the handle -- and I apologize to you -- was City of Miami Page 82 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 because when I heard -- I guess the City Manager? -- when I heard clarify that this was an expansion. People I talked to were understanding that this is the first hearing, and that it was going to be more discussion. And then when he came up and he said, "We're expanding it," that blew my mindand I wasn't going to sit here and just listen. Vice Chair Hardemon: That's okay. Mr. Hunt: I don't have anything else to say. I agree with your solution to it. We will glad -- you name the people, they name their people, we sit down and we reach some agreement. Vice Chair Hardemon: Yes, sir. Mr. Hunt: I think -- so we don't be fighting each other for the same little bitty land. Vice Chair Hardemon: Yes, sir. As soon as we -- I -- we have another Commissioner here on the dais, we will -- I will stand and I will call those members of the BID; and one representative from the Overtown Oversight Board, Ms. Stewart; and Madam Holmes, to my office. Mr. Hunt: Okay. Vice Chair Hardemon: Okay? Mr. Hunt: You won't hear from me no more today. Vice Chair Hardemon: Thank you, sir. So I'd just like to table this until that time, if that's all right. Chair Gort: Okay, we're going to be tabling it till we come to the other issues. Later... Todd B. Hannon (City Clerk): Did you want to move on to RE.12 next? Vice Chair Hardemon: Yes. Move to accept RE.12, but -- and I think -- I would have asked of those who participated in the discussion to speak about the item, but they've already spoken about the item, because they sat through the negotiation. So as I understand it, it will move forward as it is; is that the understanding? Yes. So I move to pass the item as it is. Chair Gort: It's been moved. Second? Commissioner Carollo: Second. Chair Gort: Moved and second Barnaby Min (Deputy City Attorney): It's a resolution. Do -- would you like me to read it? The Resolution was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Call the question, sir. You can vote at once; it doesn't require a roll call. Vice Chair Hardemon: We could voice vote. I'm 'for." Chair Gort: All in favor, state it, saying aye. " Aye. Vice Chair Hardemon: Aye. City of Miami Page 83 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 RE.13 15-00812 Department of Procurement RE.14 15-00869 Commissioner Carollo: Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A LOCAL DISABLED VETERANS' WORKFORCE PILOT PROGRAM, AS SPECIFIED IN "EXHIBIT A", ATTACHED AND INCORPORATED, TO PROVIDE AN OPPORTUNITY FOR LOCAL DISABLED VETERANS TO BE EMPLOYED THROUGH CITY OF MIAMI CONTRACTS REQUIRING A WORKFORCE TO PERFORM SERVICES; ESTABLISHING A WORKFORCE MINIMUM PARTICIPATION PERCENTAGE GOAL REQUIREMENT FOR THE HIRING OF LOCAL DISABLED VETERANS; FORA PERIOD OF TWELVE (12) MONTHS, WITH SUBMISSION OF AN EVALUATION REPORT TO COMMISSION UPON CONCLUSION OF SAID PERIOD, DETERMINING THE PILOT PROGRAM'S SUCCESS AND PROVIDING FOR A RECOMMENDATION ON ITS CONTINUANCE AND CODIFICATION. 15-00812 Summary Form.pdf 15-00812 Legislation.pdf 15-00812 ExhibitA.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Department of Capital Improvement Programs/Transportat ion R-15-0334 Chair Gort: RE.13. Annie Perez: Annie Perez, director of Procurement. RE.13 is a resolution approving a local Disabled Veterans Workforce Pilot Program to provide an opportunity for local disabled veterans to be employed through City of Miami contracts requiring a workforce to perform services. Commissioner Sarnoff So move. Chair Gort: Been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FUNDS RECEIVED FROM THE MIAMI-DADE COUNTY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $2,840,000.00 FOR THE GLENROYAL (ALSO City of Miami Page 84 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 KNOWN AS "GROVE PARK') STORM SEWER CAPITAL PROJECT B-40347; AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, AS STATED HEREIN IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES. 15-00869 Summary Form.pdf 15-00869 Legislation.pdf 15-00869 Exhibit - Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon RE.15 15-00810 Department of Capital Improvement Programs/Transportat ion R-15-0335 Chair Gort: RE.14. Jeovanny Rodriguez: Good afternoon, Commissioners. Jeovanny Rodriguez, director of Capital Improvements & Transportation Program. RE.14 is a resolution of the City of Miami Commission authorizing the City Manager to accept funds from Miami -Dade County General Obligation Program in the amount of $2, 840, 000 for the Glenroyal Project. Commissioner Sarnoff. So move. Commissioner Carollo: Second. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN AMENDMENT TO THE AUTHORIZED EXPENDITURE LIMITS AND RIDERSHIP CAPACITY OF THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSPORTATION AMERICA, INC. ("TRANSPORTATION AMERICA") FOR THE PROVISION OF ON -DEMAND TRANSPORTATION SERVICES THROUGHOUT THE CITY OF MIAMI FOR THE LOW INCOME ELDERLY AND/OR DISABLED, INCREASING THE AUTHORIZED EXPENDITURE LIMITS AND RIDERSHIP CAPACITY TO A NOT TO EXCEED AMOUNT OF $465,000.00 AND 25,000 TRIPS FOR THE THIRD EXTENSION PERIOD APRIL 27, 2015 THROUGH APRIL 26, 2016, AND A NOT TO EXCEED AMOUNT OF $580,000.00 AND 30,000 TRIPS FOR THE FOURTH AND FINAL EXTENSION PERIOD, APRIL 27, 2016 THROUGH APRIL 26, 2017, FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.1 TO THE AGREEMENT WITH TRANSPORTATION AMERICA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES; RETROACTIVELY APPROVING: A) AN INCREASE IN AUTHORIZED EXPENDITURE LIMIT AND RIDERSHIP CAPACITY FOR THE SECOND EXTENSION PERIOD, APRIL 27, 2014 THROUGH APRIL 26, 2015, FROM $262,505.60 TO A NOT TO EXCEED AMOUNT OF $429,010.00 AND FROM 14,000 TRIPS TO 23,595 TRIPS RESPECTIVELY, AND B) THE THIRD City of Miami Page 85 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 EXTENSION PERIOD EFFECTIVE AS OF APRIL 27, 2015; FORA TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,979,970.00; ALLOCATING FUNDS FROM THE CHARTER COUNTY TRANSPORTATION SYSTEM SURTAX FUNDS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 15-00810 Summary Form.pdf 15-00810 Original Contract.pdf 15-00810 Legislation.pdf 15-00810 Exhibit - Amendment #1.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0336 Daniel J. Alfonso (City Manager): RE.15. Chair Gort: Yes, sir. Mr. Alfonso: Go ahead Jeovanny Rodriguez (Director, Capital Improvements & Transportation Program): RE.15. RE.15 is a resolution of the City of Miami Commission authorizing the City Manager to execute Amendment 1 to the professional service agreement with Transportation America for the on -demand transportation services. RE.15 does several things. Number one, it increases -- authorizes an increase in the expenditure limits and ridership for year four of this contract, for a total amount not to exceed of 465, 000; number two, it authorizes -- Chair Gort: Four hundred and sixty-five -- Mr. Rodriguez: Four hundred and sixty-five thousand dollars; a maximum not to exceed. Chair Gort: Okay. Mr. Rodriguez: Number two, it authorizes an increase in expected expenditure limits and ridership for the fifth year of this contract for an amount not to exceed $580, 000; number three, it retroactively approves and authorize expenditure increase in ridership for the third year of this program to amount not to exceed $429, 010. Chair Gort: What was the total again? Mr. Rodriguez: Four hundred and twenty-nine thousand and ten. And finally, it increases the total amount for the contract to $1,979,970. Commissioner Sarnoff. So move. Chair Gort: One million, nine hundred -- Mr. Rodriguez: One million, nine hundred and seventy-nine thousand, nine -seventy. Commissioner Carollo: Second. City of Miami Page 86 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: Okay, moved and second for discussion. When did we begin this contract; what year? Mr. Rodriguez: The orig -- Commissioner, this contract was executed in April 2012. It's a one-year contract with four one-year extension options. Chair Gort: Correct. My understanding, at that time, that was the contract that was given to an association, not -for -profit that was providing services for $289, 000 at that time. Mr. Rodriguez: At that time, just about, yes. Chair Gort: And then we had an RFP (Request for Proposals). We approved that RFP, so now it's a contract from 300 -- by the way, to get -- in order to get the tax funds from the Transportation, it took us six months to convince people to utilize those funds. Now, my understanding now, it's gone to $1,979, 000. My understanding is a lot of scope in the services; that we were not to provide services outside of the City limit of the City of Miami. My understanding is we are providing service outside of the limit of Miami. At the same time, my understanding is we had a cap in the amount of funds that can be utilized, and if this individual continue to provide the rides to additional -- they going to get additional funds and they going to request additional funds, I think we should be inform way before those come due so we could see if we can afford it, because my understanding is -- what's the total amount in funds that we get from this tax? Mr. Rodriguez: I'm sorry, Commissioner, the total amount -- Chair Gort: Total amount of fundings that we get from this transportation. Mr. Alfonso: The total amount from the half cent transportation is estimated around $14.7 million. Chair Gort: Fourteen -- Mr. Alfonso: -- point seven. Chair Gort: Four point seven. Mr. Alfonso: Fourteen point seven. Chair Gort: Out of this, we pay the trolley? Mr. Alfonso: We pay the trolley, Commissioner. Chair Gort: We paying these new issues. Mr. Alfonso: We pay capital; we pay this program; we're committed to the Tri-Rail for some amount, as well. Chair Gort: I understand we going to have a -- we going to provide bond issues, that we going to provide debt services for that. Mr. Alfonso: We provide -- no, not debt service for Tri-Rail, but there is debt service for the street bonds that comes out of this money, as well. Chair Gort: Okay. In other words, we have -- we use these funds as the -- one of the revenues for debt service. City of Miami Page 87 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Mr. Alfonso: Some of the $14.7 million do go to debt service for street bonds; yes, sir. Chair Gort: The reason I bring this up, because as we continue to make decisions, we got to make sure that we going to have the funds available to do so. Mr. Alfonso: Yes, sir. Chair Gort: Yeah. I don't mind moving on this, but I want to make sure we're made aware where we at every time we make a -- Mr. Alfonso: Right. Chair Gort: -- (UNINTELLIGIBLE). Mr. Alfonso: Yes, sir. If I may say -- Chair Gort: (UNINTELLIGIBLE). Okay, any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.16 RESOLUTION 15-00698 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Budget ATTACHMENT(S), IN COMPLIANCE WITH RESOLUTION NO. R-09-0509, ADOPTED OCTOBER 22, 2009, AS AMENDED (COLLECTIVELY, "BOND RESOLUTION"), THE TAX CERTIFICATE AS TO ARBITRAGE AND THE PROVISIONS OF SECTION 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, DATED AS OF JULY 29, 2010 ("TAX COMPLIANCE CERTIFICATE"), AND THE CONVENTION DEVELOPMENT TAX INTERLOCALAGREEMENT, EFFECTIVE JULY 1, 2009, BETWEEN THE CITY AND MIAMI-DADE COUNTY ("CONVENTION DEVELOPMENT TAX INTERLOCAL") FOR THE $84,540,000.00 CITY OF MIAMI, FLORIDA TAX-EXEMPT SPECIAL OBLIGATION PARKING REVENUE BONDS, SERIES 2010A(MARLINS STADIUM PROJECT) ("SERIES 2010ATAX-EXEMPT BONDS") AND THE $16,830,000 CITY OF MIAMI, FLORIDA TAXABLE SPECIAL OBLIGATION PARKING REVENUE BONDS, SERIES 2010B (MARLINS STADIUM PROJECT) ("SERIES 2010B TAXABLE BONDS") (COLLECTIVELY, "SERIES 2010 BONDS"); AUTHORIZING THE CITY MANAGER, THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, AND ALL OTHER NECESSARY OFFICIALS, EMPLOYEES, AND AGENTS OF THE CITY OF MIAMI ("CITY") TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH THIS CONTINUING COMPLIANCE RESOLUTION; MAKING AMENDMENTS TO PREVIOUS APPROPRIATIONS RELATING TO THE SERIES 2010A TAX-EXEMPT BONDS CONSTRUCTION ACCOUNTS IN THE CAPITAL FUND, AND THE SINKING FUNDS ACCOUNTS IN THE DEBT SERVICE FUND BUDGETS AND CAPITAL PLAN FOR THE CURRENT FISCAL YEAR ENDING SEPTEMBER 30, 2015 AND THE PREVIOUS FISCAL YEARS ENDING SEPTEMBER 30, 2014 AND SEPTEMBER 30, 2013 TO COMPLY WITH THE BOND RESOLUTION, THE TAX COMPLIANCE CERTIFICATE, AND THE CONVENTION DEVELOPMENT TAX INTERLOCALAGREEMENT FOR THE SERIES 2010 BONDS; City of Miami Page 88 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 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. 15-00698 Summary Form.pdf 15-00698 Back-UpTax Exempt.pdf 15-00698 Back -Up Taxable.pdf 15-00698 Legislation.pdf 15-00698 Exhibit - Bond Resos.pdf 15-00698 Exhibit - Tax Compliance Certificate.pdf 15-00698 Exhibit - Convention Development Tax Interlocal.pdf 15-00698-Submittal-Robin Jones Jackson -Memo from Bond Cousel.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0337 Chair Gort: RE.16. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. RE.16 is the close-out item for the Marlins Stadium Bond Project. It is -- to continue compliance with that bond, we have outside bond attorneys and internal bond attorneys. I'm going to ask Robin to hand out the outside opinion on the approach that we're taking. Essentially, we have completed the garage portion of the project, and it is time to finish this off five years after the start of it. And we are going to take the remaining $9.3 million and put it into debt service. I'll take any questions you may have. Chair Gort: Thank you. Commissioner Sarnoff That's defeasing [sic] the bond -- Chair Gort: Yes. Commissioner Sarnoff -- in that amount. Mr. Rose: It is early paying of the bond. We're recognizing past payments of the bond, so it will result in an earlier payment of the final thing. This does not close out the entire tax-exempt portion of the bond, though. Commissioner Sarnoff What's left of the bond? Mr. Rose: I apologize, Commissioner, I don't have that in front of me, but I can look it up for you. Daniel 1 Alfonso (City Manager): Commissioner, if I may say, it doesn't defease because there is the period of time that you can't prepay. So what we're basically doing is using these funds to recognize prior year payments. It's an accounting function. So it basically then frees up the prior year monies that were used to pay, put those back into the fund. Chair Gort: It's paying principals. I mean not principal, but interest. Mr. Rose: We are in the pre -call time of the bond. We cannot prepay -- we cannot pay the bond City of Miami Page 89 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 early, but it does shorten the term of the bond the way we're doing it. Commissioner Sarnoff. You're shortening the term of the bond. Victoria Mendez (City Attorney): It's debt service, debt service. Commissioner Sarnoff. I know -- I don't think I -- Mr. Alfonso: The term of the bond doesn't change at all. Commissioner Sarnoff. Yeah. Mr. Alfonso: Okay, so what accounting allows you to do -- Commissioner Sarnoff. Okay, go ahead. Mr. Alfonso: We've already used in the last couple of years funds that were eligible for this, so money that came from the Marlins paid to the fund that was there to pay for these bonds. You know, if you recall, there was parking revenue, parking surcharge revenue, et cetera. That's what has been used to pay for these bonds in the past couple of years. Commissioner Sarnoff. So you're putting that back. Mr. Alfonso: So that money will put -- yes -- will be put back into that pot. And we're using these bond proceeds to pay in its place for the previous funds. We're doing a swap. Commissioner Sarnoff Right. You're swapping what -- Mr. Alfonso: Bond proceeds. Commissioner Sarnoff -- unrestricted money -- Mr. Alfonso: Right. Commissioner Sarnoff -- which you chose to restrict to -- and now, you're putting it back in there, so it's unrestricted money. Mr. Alfonso: Well, I'll let the attorney talk about "unrestricted. " Robin Jones Jackson: Thank you. Robin Jones Jackson, Senior Assistant Attorney. It's still restricted to debt service, sir. Commissioner Sarnoff Because -- Ms. Jones Jackson: So -- Commissioner Sarnoff. -- of a pledge? Ms. Jones Jackson: Yes, sir, because of the pledge. It's basically a closed loop on the project, so the money has to stay in to pay debt service for the future. Commissioner Sarnoff. Okay. Mr. Alfonso: In the end, it will result in extra money being there, assuming that nothing else happens -- City of Miami Page 90 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 RE.17 15-00859 City Manager's Office Commissioner Sarnofff. Right. Mr. Alfonso: -- to the stream of revenue. Commissioner Sarnofff. Got you. Chair Gort: Okay, any further questions? Commissioner Sarnoff.. So move. Chair Gort: Been moved by Commissioner Sarnoff,. second by Commissioner Carollo. Being no further discussion, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGENCY AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY ("SFRTA"), ALLOWING THE CITY TO CONTRIBUTE AN AMOUNT NOT TO EXCEED EIGHT MILLION NINETY-SEVEN THOUSAND THIRTY AND NO/100 DOLLARS ($8,097,030.00) TO SFRTA TO DESIGN, AND CONSTRUCT, THE ELIGIBLE COSTS OF THE IMPROVEMENTS OF THE PASSENGER RAIL SERVICE WITHIN THE CITY LIMITS, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 15-00859 Summary Form.pdf 15-00859 Legislation V2.pdf 15-00859 Exhibit - Agreement V2.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-15-0338 Chair Gort: RE. 17. Daniel J. Alfonso (City Manager): All right. RE. 17, Commissioners, is the agreement with the City of Miami and the South Florida Regional Transportation Authority, allowing for the contribution of half cents funds, as we had talked about in the past, in the amount of $8, 097, 030 to be given to SFRTA (South Florida Regional Transportation Authority) in the form of reimbursement for expenditures related to the Tri-Rail Station that is coming into downtown. The agenda is listed at eight -three -forty-seven, but that's because we inadvertently did not remove from that number the $250, 000 that are being contributed from the Bayfront Park Trust, which will be separately dealt with through the Trust and the SFRTA. Commissioner Sarnoff.. So move. Commissioner Carollo: Second. City of Miami Page 91 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Carollo. Any discussion? Commissioner Carollo: Yes, briefly, Mr. Chairman. Chair Gort: Yes, sir, you're recognized. Commissioner Carollo: And just like the Manager said, we're doing the Bay front Park Management Trust contribution separately, like we did with the DDA (Downtown Development Authority) and the other agencies, okay? So we are committed; we're just doing it separately, directly with SFRTA. Thank you. Chair Gort: Okeydoke. Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Commissioner Carollo: As amended Chair Gort: As amended. RE.18 RESOLUTION 15-00858 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGENCY AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AND THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY ("SFRTA"), ALLOWING THE CRA TO CONTRIBUTE AN AMOUNT NOT TO EXCEED SEVENTEEN MILLION FIVE HUNDRED TWENTY EIGHT THOUSAND DOLLARS AND NO CENTS ($17,528,000.00) TO SFRTA FOR THE PROPOSED EXTENSION OF THE SFRTA RAIL SERVICE TO DOWNTOWN MIAMI, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 15-00858 Summary Form.pdf 15-00858 Legislation.pdf 15-00858 Exhibit - Agreement.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0339 Chair Gort: RE.18. Commissioner Sarnoff. RE.18, I'd -- if you don't mindI'd like to move the item as amended, with one further modification. When we were presented with this opportunity, we all strongly endorsed the project, given our community's desire, need for more robust mobility options if we're to realize our shared goal of becoming a functional world -class city. I'd be remiss ifI didn't recognize the contributions from each of my colleagues on the dais. In particular, I'd like City of Miami Page 92 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 to acknowledge Commissioner Hardemon for his very deft negotiation. Some of you will recall that when negotiations and discussions with the CRA (Community Redevelopment Agency) began, Southeast Overtown/Park West CRA was in excess of 39 million. Commissioner Hardemon's persistence resulted in a markedly reduced CRA contribution, and more importantly, has established what I think most of us will come to believe is a cooperative financing model for future transit projects throughout Miami -Dade. That said, it's my understanding that even with commitments to date, there remains a small funding gap of approximately $750, 000. That gap is a product of timing when the Southeast Overtown/Park West CRA's funding will be made available to the project. As such, I'd recommend we modify the amount of the Southeast Overtown/Park West CRA contribution, to increase it by $750,000, from $17,528,049, presently reflected in the agreement to $18, 278, 049. With that, I'd move the item, as amended, with an increase in the contribution to $18, 278, 049. Chair Gort: Okay, there's a motion. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo for discussion. Discussion. Mr. Wood [sic], do you have anything to add? Daniell Alfonso (City Manager): Well, Commissioners, I think we have some concern about that 750,000 being financing cost, and I think we had been discussing with the folks from SFRTA (South Florida Regional Transportation Authority), and as of about an hour ago, we had agreed that we cannot borrow money to pay for a financing cost, so I'm not sure where this ultimately now just came from, because we had been told that they were not going to ask for that money. Clarence Woods, III (Executive Director, Southeast Overtown/Park West Community Redevelopment Agency): And I concur -- Commissioner Sarnoff.. My understanding is it's not financing, but that's -- if they want to respond to it, Mr. Manager. Jack Stephens: Jack Stephens, executive director of SFRTA. The situation that we're in is, as Commissioner Sarnoff has explained, there is a $750, 000 deficit in the overall financing from all of our local sources to include debt service; it's half the debt service. Omni CRA stepped up to the plate and offered $750, 000, not in debt service, but rather in additional design and construction support. We are under the impression, or at least I am under the impression -- perhaps incorrectly, but let's hope not -- that it would be the City's position and the CRA's position that they would not also want to be supporting that debt service, so as a result of that, what we're asking is if this $750, 000 is included, it will be for design and construction of the public part of the station, and that I have committed for SFRTA, in order to make this program roll forward and to reach the end of the line for our public participation, because except for one more meeting, I believe, next week, this is it. I will use SFRTA funds to cover the $1.5 million in debt service, rather than request that the local governments provide that. Chair Gort: Okay, any further discussion? Yes, ma'am. Madam Chairman [sic], you want to be recognized? Robin Jones Jackson (Senior Assistant City Attorney): Mr. Chair, Commissioners, we would like to clarify, because, as you can appreciate, the parties thought that they had reached an agreement earlier today that did not include that 750, 000, but I also appreciate that it's the will of the Commission to do whatever you all determine to do. However, either way, we would like to offer an opportunity to amend the resolution to authorize the City Manager to negotiate and execute the interlocal, because until now, we -- you know, we believed we had really a meeting of the minds on the entire agreement and all of the provisions, and by doing that, we would be City of Miami Page 93 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 updating the provisions to be able to have the City or the CRA, as applicable, be able to issue tax-exempt debt, and you recall that we've been in this situation before. If the CRA is not able to financially issue the debt, the City then would issue the debt on behalf of the CRA, and the CRA would assist the City by making an annual grant as available to help the City pay back the cost of the City -issued bonds, and that's where we have been for a good period of time now in the negotiations. So what we would like to do is to ask for you to authorize the Manager to negotiate and execute, depending upon the terms that you all direct us to, so that we can finish out the agreement in a form that would be acceptable to you, and the Manager, and the City Attorney, and then present the same revised agreement on Monday to the board sitting as the board of the CRA. Thank you. Chair Gort: Okay. Is that included in your resolution, or you have to amend your resolution? Commissioner Sarnoff. You know, I've known Robin Jones Jackson a long time. I still think my motion's appropriate. I don't think she gets to set policy, and I don't think she said anything about legal impediment, so I'll stand by my motion. Chair Gort: Okay, any further discussion? Vice Chair Hardemon: Let's -- Chair Gort: Yes, sir. Vice Chair Hardemon: Can I clarify the motion, please? Could we clarify the motion, what the motion is? Chair Gort: Who's going to read -- Vice Chair Hardemon: Anyone? Chair Gort: -- the motion? He wants to have it clarified Mr. Alfonso: Commissioner Sarnoff, you made a change to the motion. Commissioner Sarnoff. I did. Mr. Alfonso: The Commissioner would like to have the motion read back -- Commissioner Sarnoff. So -- Mr. Alfonso: -- or clarified; I'm not sure what it was. Commissioner Sarnoff. What I did was moved the item with an increased amount in your contribution of $750, 000 from Southeast Overtown/Park West CRA. Ms. Jones Jackson: No, it's -- Commissioner Sarnoff. So we go from a total funding of -- to -- I'm sorry -- from 17, 528, 049 to 18, 278, 049. Vice Chair Hardemon: Is this discussion? Chair Gort: Yes, go ahead. Commissioner Sarnoff. I also put some fiowety language about how nice you were and -- City of Miami Page 94 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Vice Chair Hardemon: All that. Commissioner Sarnoff. -- good-looking you were. Vice Chair Hardemon: I did hear that; is that what that was? Commissioner Sarnoff. Yeah. And -- Vice Chair Hardemon: You didn't buy me dinner. That's okay, I'm not hungry. So the way that the motion was put forth or the way that the -- was it a resolution? Chair Gort: Resolution. Vice Chair Hardemon: The way the resolution was worded before, I was perfectly comfortable with. Increasing the funding from the CRA where the CRA would re -- would be paying on debt service is an issue to me. It's an issue to me and probably my executive director, if he says "yes" or "no" by a nod of head. It's not an issue to you? This is not an issue? I didn't ask you to talk I just said, `Is this an issue to you?" Mr. Woods: It's not an issue. Vice Chair Hardemon: Okay, so I don't -- here we are. So the way that I see it is this: We hadn't had an opportunity to sit down with the financial -- our financial custodians within the CRA to discuss what this would mean. I know this came up before when we were trying to get the Overtown CRA to fund that gap, and one of the things that I expressed to the group was that, you know, we have to stop looking at certain organizations as the means to an end. You know, we -- I think the CRA has put in a significant amount of dollars to help you reach that goal, which is better transportation within the City of Miami, by including Tri-Rail with this All Aboard project. And certainly, no one can say that they've given like we have given, and I think that that's what the -- that community needed, and they put forth towards it. And so to get that amount of money from this organization again, I think, would be -- would -- at this -- this way, at this time, without any research or due diligence would not be a good move, and so I wouldn't support it as is stated. I have a vote, and I'll use that vote. I do support the motion in its prior form -- or the resolution in its prior form, though; it's just that I just haven't had any type to digest this type of situation and see what the ramifications are for the Southeast Overtown/Park West CRA. Certainly, I believe that with the participants in this deal, they can come up with $750, 000, but that's just what I think. Who am I? Chair Gort: Okay, any further discussion? Barnaby Min (Deputy City Attorney): Mr. Chair, ifI may? Chair Gort: Yes, sir. Mr. Min: Again, not to talk about the terms that are being proffered by Commissioner Sarnoff, but Ms. Jackson is encouraging the board -- the Commission to modify the resolution, not just in term, but to also include language that says the City Manager may negotiate the agreement in a form acceptable to the City Attorney, because as it's currently drafted, it says "in substantially the attached form." Commissioner Sarnoff. There -- Mr. Min: There are a number of provisions in the current form that have already been changed, based on almost a week-long discussion, so it cannot be in the substantially attached form, and City of Miami Page 95 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 so we are suggesting it be in a -- directing the City Manager to enter negotiations, subject to, of course, the terms that have been specified today. We can clarify what the other terms are, as well, if necessary, in a form acceptable to the City Attorney. Commissioner Sarnoff: Maker accepts. Chair Gort: Second? Commissioner Carollo: Seconder accepts. Chair Gort: Let's explain the amendment again. The two -fifty is going to come from where? I mean the 750. Commissioner Sarnoff: Southeast Overtown/Park West. Chair Gort: Okay. Any further discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Is this subject to the CRA approval? Chair Gort: Of course. Mr. Min: It is a three party -- that requires the City of Miami, Southeast Overtown/Park West CRA, as well as the South Florida Regional Transportation Authority's approval. Commissioner Carollo: And does the CRA have to approve first? Mr. Min: It does not have to approve first. If you want to include language saying that the City Commission action is subject to approval of the other two parties, you may do so, but in order to enter into the agreement, all three parties -- all three bodies must pass the proper resolution. Chair Gort: Now, my question is, the City Manager to negotiate with the Tri-Rail, so the funds will be found; not from the Southeast, itself? Mr. Alfonso: Well, Mr. Chairman, we have been talking about the 7.5 to $8 million arrangement for some time. Chair Gort: For six months. Mr. Alfonso: I believe -- where's this page? -- that earlier, we were told that there was a $750, 000 finance cost that needed to be put into the agreement. We had stated clearly that we could not support issuing debt to pay for other debt. About an hour and a half ago, I was told that, okay, that that demand was not going to be made; that we would not be asked to pay for that $750, 000 in debt service, so it was somewhat surprising that the request was still made. Now, I understood the director of the SFRTA made the statement that, "Well, I'm going to use my own funds to pay specifically for the debt, so therefore, you will be reimbursed, " or "you will be reimbursing actual construction cost." If that's -- if it's the will of this Commission to do that, that's your prerogative. Chair Gort: Yes, sir. Vice Chair Hardemon: So Overtown has been fighting today, and we had one black eye; it was City of Miami Page 96 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 sealed shut. But, you know, good fighters can continue fighting with another one. To me, this is another black eye, and I don't know if I'll be able to find my way home with two black eyes, walking to Overtown, but when I think about some of the things that we have been negotiating in good faith, and I think about, for instance, our community space in the All Aboard project that they agreed to give the community, but for about 10 years, which isn't much. And so when I think about certain things that -- you know, I had some -- well, not -- I mean, I had reservations about it. I wanted it to be different. And then I see that just -- that this happens this way. It just -- it doesn't make me feel good And I will tell you this: Commissioner Carollo, you said earlier, you were like, `I yield to the decision -making of the district Commissioner." I'm not claiming this as a district issue, because, clearly, this is within Commissioner Sarnoffs district, but the CRA is within my purview. But in regards to our -- I think it's our meeting on Monday for the CRA, I was extremely uncomfortable with the way that things were for me to approve the agenda as it was going to move forward, because I didn't think that the agenda was ready to move forward, because, like you know, I like to read my agenda, and it just wasn't ready to be read. Well, things were represented to me to be there, and they just were not there, and so here we are. I know this wasn't included within it. I mean, I know that. So I have my Overtown residents in the backroom -- Javier Fernandez: Chairman -- sorry to interrupt. Commissioner, if I may -- Chair Gort: Excuse me, wait a minute, let him finish. Mr. Fernandez: I'm sorry, I apologize. Commissioner Carollo: Yeah. Vice Chair Hardemon: I have my Overtown people in the backroom, and so it's -- I'm sure they will be shocked to hear this at this time, and I'm running back and forth, trying to make this thing happen. But like I say, I mean, I'm not going to support it in this way. I think they should find the $750, 000 elsewhere. I don't know -- I mean, you guys compare $2 a day to some -- I don't know how you do it, but I'm sure you could find a way. I'm done. Commissioner Carollo: Mr. Chairman. Chair Gort: Thank you. Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. Commissioner Hardemon, let me begin by saying that you probably see in this Commissioner right here the kindest ear with regards to taking additional time and making the right decision. See, I have stated before, and I'm going to state it again now, you're also listening to a Commissioner that many, many times had to make split-second decisions that could be the life or death of someone. This is not that case. And the large majority of the items that come before us -- and let's be clear -- are rammed down our throats; in all fairness, could take additional time, and should take additional time. You're talking to the sponsor of the five-day rule, because my -- how would you say? -- well, let's just say that when I first became a Commissioner, I got the rude awakening of how they give you documents one, two, three inches thick right before the meeting, and they expect you to take a vote on it. We actually even saw minor, minor little piece today, earlier today, when I just wanted some additional time where others have had a year and so forth. So you're actually listening -- or -- yeah -- listening to probably the kindest ear in the Commission with regards to taking additional time to make sure that we make a prudent decision. With that said, I'll be honest with you. What I don't like is that, continuously, I'm hearing of how everything keeps changing. I don't like that. However, I must tell you we're so close to that goal line, you know. I really want to see this happen. I really want to see Tri-Rail coming and get here. So we're so close, even dollar -wise, we're so close, and I really want to see us already make this happen. So it's a difficult decision, because, believe me, I understand; I understand your issue, and I City of Miami Page 97 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 understand your discussion. Mr. Stephens: Mr. Chair. Chair Gort: Let me -- Yes, sir. Mr. Stephens: If it pleases the Commission, it was my understanding that these had been discussed, these issues had been discussed or at least presented, at least at the staff level, and that the issue, for instance, that the City Manager brought up regarding the fact that he was not going to fund debt for debt, I fully appreciated that. It was the same discussion that came from the Omni CRA. We're $750, 000 short of being able to go to the State and say, "We did what you told us to do. We went to the local governments, they stepped up; they did what they said they were going to do. They funded something that is going to substantially change the transportation face of the City of Miami and Miami -Dade County." I am -- I've worked with Chairman Hardemon and his staff. We've come up with benefits that we believe are going to boost his constituents, but if it is -- if the Chairman is not willing to move forward on it, I can only say that we can -- we'll withdraw this. I don't know how we're going to find that last bit of money, but that'll be our problem. We had hoped that it was a good solution; that I would bring the debt; you would bring an additional $750, 000 for construction and design, but if that is not the will of this group, then we will have to ask that it be withdrawn. Chair Gort: Let me tell you how I feel about it. And I think you -- I've talked to all of you, and I always says I would not approve paying the $750, 000 out of the City. I know we're very close. I think the City Manager, the CRAs have worked very closely to come to the goals that you want to achieve. I think we have gone beyond that. But when it came to the $750, 000 finance gap, I told them I would not be for it. Thank you. Any further discussion? Commissioner Sarnoff. Mr. Chair. You know, Commissioner Hardemon, let me say this to you: If I were the omnipresent -- call him "God" call him whatever you want -- probably the best thing you could bring to Overtown would be the ocean, a view of the oceanfront property. And all of a sudden, it'd be some of the most valuable property in all of Miami. And since none of us here have that power, what we do have the power to bring and to your negotiation skill, you've brought mass transit all up and down the coast of Florida to Overtown. Whether that is a job; whether that is a person's desire to live there, because, suddenly, to them, the world is kind of their oyster, north and south, because they have the ability to go to and fro because of your negotiations. I don't want to be the guy -- I don't want to be the one and I don't want to be a part of the team, as Commissioner Gort likes to say often -- that falls two inches short of a goal line. And you have seen this Governor and you have seen Tallahassee act, I would say Commissioner Carollo would say, "arbitrarily and capriciously"; or to others, "fiscally very prudent, " just depending upon your side of the fence, but you've seen them act in circumstances that are very hard to figure out, and this Governor and Tallahassee have decided that every part of the up -build for the station is the responsibility of local government, and I have never seen him cross the threshold of putting a dollar where he doesn't think he should. We had the discussion this morning. Commissioner Carollo astutely pointed out some things. You know, like it or not, that's the man we elected, and I would just implore you just to consider what you've done, how far you've brought us, and maybe think to yourself this is something worth doing, so that the rest of us feel comfortable in doing it. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: I think the Overtown community, that CRA has put forth tremendous resources to making this a reality, and if we remember, when this started -- what's the total cost of this project? City of Miami Page 98 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Commissioner Carollo: Sixty-nine million. Vice Chair Hardemon: Sixty-nine million? Commissioner Carollo: Yes. Vice Chair Hardemon: I believe that the ask of me was 69 million; that's what it started at. And maybe with a different Chairman, that's what it would have been, and that would have created a debt service that would've made it extremely difficult for Overtown to reinvest into its community. And so the money means something to that area, and I think that when you ask for a team -- and to me, this is a relay; pass the baton from one to the other -- and I think that Overtown has ran a strong leg. And what we're looking for -- and we can allow our executive director to speak, because he is the able director, and his staff is -- are the ones that would discuss the details of the financial arrangements, and I just operate as Chairman, but what we're asking for is for our partners, our other people who are our relay partners in this race to help us carry this through, because we need one more breath. And I think that someone else picking up a stronger leg would help us get through on this. And I just can't imagine, I can't imagine that All Aboard Florida, Tri-Rail and all the other entities that are important to this deal would allow $750, 000 that the CRA did not give to be the end of this project. Now, that's one of those things that I would have to say, "That's the boy that cried 'wolf "' to me, but it could be. They just may allow $750,000 to derail, if you will, a sixty -plus -million -dollar project. 171 bet on that, though; 171 be on that. It's just too important to downtown; it's too important to that area and everything that goes northwest; it's too important to the transportation in Miami -Dade County. Yes, sir. Mr. Alfonso: Mr. Chairman, Commissioner Hardemon, if I may, I think the representative of this group would like to make comments. Mr. Fernandez: Mr. Chairman, I think what my -- Chair Gort: Yes, sir. Mr. Fernandez: Javier Fernandez, with Stearns and Weaver for the record. I think what my client was trying to communicate in his comments was that we are willing to live with the original amount in the resolution -- Chair Gort: Right. Mr. Fernandez: -- as opposed to continuing the discussion around the extra seven fifty, if that's the Board's pleasure. Thank you. Vice Chair Hardemon: I apologize. I thought you were saying something a bit more scary. You're a very tall man, and I'm very -- deathly afraid of you when you stand before me. Mr. Woods: Commissioners, Clarence Woods, executive director of the Southeast Overtown/Park West CRA. As we've been negotiating this agreement, as been stated, we were told that they were not going to make the ask, so it's just somewhat, you know, kind of shocking that they have come and made the ask at this point. Whether or not we can fund it in the way in which -- Mr. Alfonso: It's been withdrawn. Chair Gort: It's withdrawn. Mr. Alfonso: The request was withdrawn. City of Miami Page 99 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Mr. Woods: Okay, but see, I was talking so -- all right, anyway. All right. Well, then, no problem. Chair Gort: What's the -- Commissioner Carollo: Will you -- Chair Gort: -- the maker of the motion -- Commissioner Sarnoff. Yeah, I'll withdraw it. Commissioner Carollo: -- withdraw your motion? Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Just a point of clarity. So with the original amount, are we going to cross the goal line? Chair Gort: Yes, sir. Commissioner Carollo: I just wanted -- Vice Chair Hardemon: We're going to dive into the goal line. Mr. Alfonso: SFRTA, with the original amount, are we going to cross the goal line? Mr. Fernandez: Commissioner, I think what Mr. Stephens said to this dais, he'll figure out the balance somehow, some way. Commissioner Carollo: Thankyou. Unidentified Speaker: Yes. Chair Gort: Yes. Commissioner Carollo: So, yes. Well, I don't want -- Mr. Alfonso: Is that a "yes." Mr. Fernandez: That is a "yes." Commissioner Carollo: -- to put it -- I don't want to say, "yes, " and put words into your mouth. I want to verify, is that a yes? Mr. Alfonso: Javier, can you please state emphatically what the answer is? Mr. Fernandez: Emphatically, yes, sir. Commissioner Carollo: Thankyou. So move it. Commissioner Sarnoff. Second Mr. Min: May -- again, I'm sorry to be a stickler, but just to clarify, would Ms. Jackson's modification still be adopted, which is not "in substantially the attached form," but "in a form that is acceptable to the City Manager and City Attorney, " since there were certain terms that City of Miami Page 100 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 were modifier, other than the seven fifty that was just discussed on the floor? Commissioner Carollo: I'll yield to my colleagues who are attorneys. Chair Gort: Let's hear -- Commissioner Sarnoff. That's fine, yeah. Seconder accepts. Chair Gort: -- the motion again. Commissioner Carollo: Yes. Yes. Commissioner Sarnoff. Yes. Commissioner Carollo: Yes. Vice Chair Hardemon: Let's vote on it. Commissioner Carollo: Call the question. Chair Gort: Any further discussion? All in favor, state it, saying "aye. " The Commission (Collectively): Aye. Mr. Hannon: As amended. Mr. Stephens: Mr. Chairman. Chair Gort: Yes. Mr. Stephens: Thank you. I appreciate it. Commissioner Carollo: Thank you. RE.19 RESOLUTION 15-00909 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY CommissionerKeon MANAGER TO INITIATE DISCUSSIONS BETWEEN THE CITY OF MIAMI, Hardemon MIAMI-DADE COUNTY, THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENTAGENCY ("OMNI CRA") REGARDING AN EXTENSION TO THE LIFE OF BOTH THE SEOPW CRAAND OMNI CRA; FURTHER DIRECTING THE CITY MANAGER TO PRESENTA NEGOTIATED AMENDMENT TO THE INTERLOCAL AGREEMENT FOR CONSIDERATION BY THE CITY COMMISSION WITHIN ONE HUNDRED AND TWENTY (120) DAYS. 15-00909 Legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Noes: 1 - Commissioner(s) Carollo Absent: 1 - Commissioner(s) Suarez City of Miami Page 101 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 R-1 5-0340 Daniel 1 Alfonso (City Manager): RE.19. Chair Gort: Yes. Mr. Alfonso: I believe the -- Commissioner Hardemon, RE.19. This is a request from Commissioner Hardemon. A resolution of the City of Miami, requesting to extend the life of both the Southeast Park West/Overtown [sic] CRA (Community Redevelopment Agency) and the Omni CRA; directing the City Manager to negotiate amendments to the interlocal agreements for consideration by the City Commission. Commissioner Sarnoff.: I'll never understand you. Chair Gort: Okay, asking for an extension of additional use. Vice Chair Hardemon: Would you please, pretty please, extend the life of the CRA. There's significant investment that needs to be made. Extending the life of the CRA would allow the Overtown area to continue to make investments there. I think we are now starting to see the fruit of that labor. If we continue along this path and spending the money wisely for economic development, for things that will better that community, for establishing new businesses, doing all the things that many years ago, people said we weren't doing, I think we'll be in some great shoes, and so, you know, implementing many of the strategies that I think Commissioner Sarnoff will see to be fruitful; things like workforce housing that he wants to do in the Omni area will add to the benefit. And the only way we will be able to do that, to create that mixture of income and economic development is by extending the life of the CRA. So I know in the County, they're doing it. In the City, I hope they'll continue to do it. The difference is I want to continue it just with the Board as we are. I like you all the way that you are. Chair Gort: Okay, there's a motion. Is there a second? Commissioner Sarnoff.: Second Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Gort: Yes, go ahead. Commissioner Carollo: Thank you, Mr. Chairman. Is there really a need to extend the Omni CRA? Commissioner Sarnoff.. Sorry. I do understand what you're saying, Commissioner Carollo, I really do. I think there can be -- I believe that Omni can still do one or two more big things, I think; things you would like, and then allow it to take on -- allow the City to enjoy the revenues, either through a tax plan or some give -back. I don't suggest to you at all Omni has not largely achieved a lot of its purpose, but if you want to have some more mobility in the City of Miami; if you want to have some transportation options in terms of a more -- no, I guess the word's not "regional" -- circulation, the Omni could perform that. It certainly can do the enhanced policing, and if you then decide that -- and I don't want to make you comfortable [sic], because I do somewhat feel a little bit about CRAs the way you do. If you then want to see what those numbers work out to, and then have the City of Miami bring back its money, that would be certainly a point of discussion and a point of debate, but bear in mind, the beauty of any CRA is you take in 45 percent of the County's dollars, and you're using them in your neighborhood. So there may be a better way to do it and achieve what you want and achieve what I want, which is City services and possibly still using some County money to do it. But I hear what you're saying, City of Miami Page 102 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 and I do feel a lot of the way you do. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Yeah. I'm sure with the question that I posed that you know exactly what I'm trying to say. I mean, I -- it seems like the Omni achieved its goal, and although I'm not exactly sure which projects, which one or two projects you're speaking of there are other areas in the City of Miami that could definitely, definitely benefit from a CRA. As a matter of fact, one of the first things that I discussed when I first was elected was the potential of a CRA in Little Havana, and I discussed it with Commissioner Barrego [sic], and he told me, "Frank, if you push in the City, I definitely will push in the County, " and I think it's something that, you know, it will be very, very good for that area. And I'll be quite candid with you, once we enter in the financial crisis that we faced, you know, I thought, wow, where -- if pretty much, the whole City is a CRA, how are we going to fund our police officers; how are we going to fund our Fire Department; how are we going to fund our garbage; how are we going to fund our Public Works? And I even took a hit in one of the local newspapers that mentioned how the other CRAs were receiving all this funds, and Little Havana wasn't receiving anything, and I sort of had to explain to various members of the media that what may be vety good for Little Havana may not necessarily be good for the City as a whole, because, once again, how are we going to pay for Fire services, Police services and all the other services that 1 mentioned? So I'm really struggling, especially with the Omni CRA, to extend the life when there's other areas that are very much needed You know, one of the discussions that I'll let you know that 1 candidly had with Commissioner Barrego [sic] was, okay, so there were a lot of promises with Marlins Park; revitalize that whole area; economic development, all that. Why didn't it happen? What could have been different? Even now that there's another opportunity, is it time for a CRA in that area? Because that, coupled with the stadium, could actually see, you know, the vision that many had in the past. So I really, in good faith, I will tell you, I am really struggling with extending the life of the Omni. Commissioner Hardemon, I'm sure you can make some very strong arguments to continuing or extending the life of the CRA for the Overtown area, and you probably will convince me; however, I'm really struggling with the Omni. And again, it's not just Little Havana. Allapattah; there's other areas that 1 think could definitely vety -- benefit from a CRA. So I understand that this is just having the City Manager bring back some type of document within 120 days, but I just can't support this in good faith. Chair Gort: Okay. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, you're recognized. Vice Chair Hardemon: No, I mean, you know, I -- when it comes to the Omni CRA, you are the Chairman, sir, and so you've conducted significant amount of research and time invested into that CRA, so if you don't believe that this is the time that you want to do that, that's what you believe, and, you know, I think that the people who are here would support what you believe. So if it's another time, it may be another time. Commissioner Sarnoff.. I think it's worth the discussion, and then we can have the debate as to what that extension would look like, because the extension could be -- I mean, you lived it with the County recently -- which is you can give back a significant portion in taxes. All I'm saying is, when you do so, you also give back the County taxes. So if they were projects important to the City of Miami that touch Omni, they can be facilitate -- I've always seen CRAs as jet engines. You know, the City is a great big plane, but that's the jet engine; that's how I see them. So -- but I hear Commissioner Carollo. But 1 would also say to Commissioner Carollo, Omni CRA bought City of Miami Page 103 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 a Fire Rescue truck; Omni CRA does six enhanced police officers; bought six police cars. You know, it's trying to do more than its share or -- I shouldn't say -- enhancing its share -- let me say it right -- of Police services and Fire services. And if there needed to be a fire station, I'm sure it could do that, as well. If it needed to, you know, enhance Fire services, it might be able to do that, as well. I see them as jet engines. I don't dispute what Commissioner Carollo's saying, and I can't have the full debate now. Is -- Chair Gort: You don't have the numbers. Commissioner Sarnoff Right. Is five or seven years of Omni worth a Havana CRA? I can't have that debate; I don't know. But for right now, to move the ball a little further along, I think it's worth the conversation and the debate. And by the way, I don't think he's wrong in what he's saying, I really don't. But I think there -- I think a sophisticated look at this, we might be able to net more -- I think, if you let the Manager figure out the best way to net the most dollars for the City of Miami, that's all I'm asking. Victoria Mendez (City Attorney): Commissioner, I just wanted to remind everyone that the Omni is funding the Port tunnel, and those monies are going to be -- the bonds for that are up to 2030, I believe, the life of the Omni CRA, so I just wanted to remind everyone of that. Commissioner Sarnoff Right and -- Chair Gort: Let me tell you how I feel about this and -- I think every district will want to have a CRA, and that's one of the problems with the districts, but at the same time, I think as CRA -- what's the boundary north of the CRA; goes how far of the Omni? Commissioner Sarnoff Omni goes to 22nd -- Unidentified Speaker: Twentieth. Commissioner Sarnoff Twentieth? Chair Gort: Twenty; goes up to 20. Pieter Bockweg (Executive Director, Omni Community Redevelopment Agency): Twenty and then curves up to 22nd. Chair Gort: Excuse me. Who are you? Mr. Bockweg: Sorry, Mr. Chair. Pieter Bockweg, executive director of the Omni and Midtown CRA. Chair Gort: Thank you. You can continue. Commissioner Sarnoff. Franz is going up to -- where are you going for vacation? Chair Gort: It goes up to 20th Street is my understanding , and it goes west to how long [ski? Mr. Bockweg: It goes west to Northwest 1st Place. Chair Gort: First Place. Mr. Bockweg: And then up to 20th. Chair Gort: Thank you. The reason I'm asking the question is because of this bond rate, you City of Miami Page 104 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 2:00 P.M. AC.1 15-00894 can see the effect that have taken north of the district and the effect that it's taken west of the district. I'm telling you what happened. Allapattah is one of the poorest neighborhoods there is, but now, you're beginning to see Wynwood is beginning to help Allapattah. You got people now - Wynwood is getting too expensive. Commissioner Sarnoff. Right. Chair Gort: So you see some progress coming into the Allapattah area. You see the Health District is beginning to change. There's new investment that going to go in the Health District, which is going to be very helpful for the whole area. And we'll continue to do affordable housing and workforce housing, because we need those in those neighborhoods. So we have to look at the expansions of all these districts. And like I said -- and I know you're very fiscally responsible - - yes, I would like to see a number. I don't have any problem approving this today. Have the Administration come back and let us know what are the effects of it, how it's going to affect the City of Miami. Okay? Any further discussion? Being none, all in favor, state it by saying "aye. Commissioner Sarnoff. Aye. Vice Chair Hardemon: Aye. Chair Gort: Aye. Commissioner Carollo: No. END OF RESOLUTIONS ATTORNEY -CLIENT SESSION ATTORNEY -CLIENT SESSION Office of the City UNDER THE PARAMETERS OF FLORIDA STATUTES §286.011(8) Attorney [2014]. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-2997 CA 21, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN ATAPPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN WIFREDO (WILLY) GORT, VICE-CHAIRMAN KEON HARDEMON, MARC DAVID SARNOFF, FRANK CAROLLO, AND FRANCIS SUAREZ; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; DEPUTY CITY ATTORNEY BARNABY L. MIN; AND ASSISTANT CITY ATTORNEY KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE City of Miami Page 105 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 BU.1 15-00751 Office of Management and Budget THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 15-00894 Notice to the Public.pdf 15-00894 Memo - Office of the City Attorney.pdf DISCUSSED Barnaby Min (Deputy City Attorney): May I? Chair Gort: Yes, sir. Mr. Min: Mr. Chair, on July 9, 2015, under the provisions of Section 286.011(8), Florida Statutes, the City Attorney requested that the City Commission meet in private to discuss pending litigation in the case of Village of Key Biscayne versus City of Miami, Case Number 15-2997, CA-21, pending in Circuit Court for the Eleventh Judicial Circuit. The City Commission approved the City Attorney's request; it will now, at approximately 2:OSp. m., commence a private attorney -client session under the parameters of Florida Statute Section 286. 011(8). The private attorney -client session will conclude at approximately 3: 05 p.m.; at which time, the regular City Commission meeting will resume. The session will be attended by the members of the City Commission, which include the Chairman, Wifredo "Willy" Gort; Commissioners Keon Hardemon, Marc David Sarnoff, Frank Carollo, and Francis Suarez; the City Manager, Daniel Alfonso; the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; and Assistant City Attorney, Kerri McNulty. A certified court reporter will be present to ensure that the session is fully transcribed and a transcript will be made public upon the conclusion of the litigation. Thank you. Chair Gort: Thank you. We'll be back after 3. Later... Chair Gort: One more Commissioner and we'll get going. Okay, we ready to begin. Madam City Attorney. Victoria Mendez (City Attorney): Thank you, Chairman. We're now returning from our attorney -client session, and the regular meeting will continue at this time. Thank you. END OF ATTORNEY -CLIENT SESSION BUDGET BUDGET DISCUSSION ITEM MONTHLY REPORT I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENTAND BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) City of Miami Page 106 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 15-00751 Summary Form.pdf NO ACTION TAKEN END OF BUDGET DISCUSSION ITEMS DI.1 DISCUSSION ITEM 15-00726 City Commission STATUS OF HIRING POLICE OFFICERS. NO ACTION TAKEN DI.2 DISCUSSION ITEM 15-00870 City Manager's Office DISCUSSION REGARDING THE CITY OF MIAMI'S PROPOSED 2016 LEGISLATIVE PRIORITIES. 15-00870 Summary Form.pdf 15-00870 Legislative Priorities 2016.pdf NO ACTION TAKEN END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Gort: We have a time certain, PZ21. Todd B. Hannon (City Clerk): Before we begin the proceedings, Mr. City Attorney will read a statement into the record, and I will administer the oath afterwards. Barnaby Min (Deputy City Attorney): We will now begin the Planning & Zoning items. Give me one moment, please. Vice Chair Hardemon: Mr. Chairman, is there any way that we can compel the attendance of our dear Commissioner Carollo? Mr. Min: May I continue, Mr. Chair? Chair Gort: Go ahead. Mr. Min: All members that wish to be -- present items on behalf of the -- during the Planning & Zoning items must be sworn in by the City Clerk. If you -- not fit, hopefully, he'll swear you in. The order of presentation will be a presentation by the Administration concerning the item. The appellant or petitioner will then have the opportunity to present -- their opportunity to be heard. Members of the public will then have the opportunity to be heard on the item, and the City Commission will vote. If you wish to appeal, you must obtain a copy of the transcript in order to appeal within 15 days of the hearing. And if there is any item that has not already been presented, it must be submitted to the City Clerk. Please note that the City Commissioners have generally been briefed on the items by the Administration. Thank you. City of Miami Page 107 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: Mr. Clerk. Mr. Hannon: Good afternoon, ladies and gentlemen. If you'll 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 oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Gort: Thank you. Later... Chair Gort: Let's go back to RE.14. Francisco Garcia (Director, Department of Planning & Zoning): Mr. Chair, your indulgence for a moment. There is, I believe, a request for the deferral of two Planning & Zoning items. If you care to take that up quickly, that is two less that we have. Alexander Tachmes: Mr. Chairman. Chair Gort: Yes, sir. Mr. Tachmes: Mr. Chairman, Alex Tachmes; law firm of Shuns & Bowen, 201 South Biscayne Boulevard. We are counsel to 1300 Coral Brickell, LLC (Limited Liability Company), and it's items 15-571u and 15-57zc. We have filed a request for a continuance. Since it's our first continuance under Miami 21, it's a continuance as of right, but we are asking that the Commission reschedule the item for September 22, during its Zoning meeting. Commissioner Sarnoff PZ (Planning & Zoning) what? Mr. Garcia: PZ's 10 and 11. Commissioner Carollo: There are -- and by the way, Commissioner Sarnoff, they're a District 3 item, so -- Commissioner Sarnoff Oh, I'm sorry, I didn't know. Commissioner Carollo: No, I'm just letting you know because I received the email with their request, so I move to -- Commissioner Sarnoff. Second Commissioner Carollo: -- continue that to September 20 -- Mr. Tachmes: Twenty-two. Mr. Hannon: The second meeting in September -- Commissioner Carollo: Second meeting. Mr. Hannon: -- September 24. City of Miami Page 108 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Commissioner Carollo: September 24. Mr. Tachmes: The 24th? Commissioner Carollo: At the same time -- Chair Gort: It's been moved and second. Commissioner Carollo: -- if we could add PZ 1, 2, and 3 that were noticed that were going to be deferred to September 10. Commissioner Sarnoff.. Second Mr. Hannon: I'm sorry, are we -- Chair Gort: No, let's start again. Commissioner Sarnoff.. Yeah, seconder accepts. Chair Gort: One, 2, 3 -- Mr. Garcia: Ten and 11. Commissioner Sarnoff.. Ten and 11. Commissioner Carollo: Ten and 11. Mr. Hannon: And this is to the first or second meeting in September? Commissioner Carollo: PZ1, 2, and 3, to the first meeting in September. Mr. Hannon: Okay. Commissioner Carollo: PZ -- I'm sorry -- Mr. Garcia: Ten and 11. Commissioner Carollo: -- 10 and 11 to the September -- the second meeting in September. Mr. Hannon: Understood. Commissioner Sarnoff.. Seconder did, too. Mr. Tachmes: Thank you. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: For fear of losing four of us, I wanted to be able to address item PH.12. Mr. Hannon: And Chair, before we go to PH.12, I have a motion and a second; just need a vote on the deferral and continuances. City of Miami Page 109 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: All in favor, state it by saying "aye." The Commission (Collectively): Aye. Later... Mr. Garcia: Commissioners, mindful of the time, and given that the last three items in the P&Z agenda are all citywide items, as well as City applications, we are happy to defer those until the next meeting, as they would benefit from the input of all the Commission, unless you -- Vice Chair Hardemon: You're so kind. Mr. Garcia: My pleasure, sir. Vice Chair Hardemon: You're so kind. Mr. Hannon: Is there a motion to -- are we deferring these to the September 10 meeting? Mr. Garcia: That would be fine. Commissioner Carollo: Move it. Vice Chair Hardemon: Second. Chair Gort: Motion by Commissioner Carollo; second by Vice Chair Hardemon. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Move to adjourn. Commissioner Carollo: Motion to adjourn. Vice Chair Hardemon: Second. PZ.1 ORDINANCE 15-00354ct First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO §163.3184, FLORIDA STATUTES, BY AMENDING THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP WITHIN THE FUTURE LAND USE ELEMENT AND THE 2020 FUTURE LAND USE MAP SERIES CONTAINED IN APPENDIX LU-1, TO ESTABLISH THE MIAMI RIVER RESIDENTIAL DENSITY INCREASE AREA OVERLAY PERMITTING UP TO 400 DWELLING UNITS PER ACRE, AN AREA GENERALLY BOUNDED BY SOUTHWEST 5TH STREET AND THE MIAMI RIVER ON THE NORTH, THE METRO RAIL ON THE EAST, SOUTHWEST 3RDAVENUE ON THE WEST AND SOUTHWEST 7TH STREET ON THE SOUTH, MIAMI, FLORIDA, AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED, WHILE MAINTAINING ALL UNDERLYING FUTURE LAND USE MAP DESIGNATIONS; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN City of Miami Page 110 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 EFFECTIVE DATE. 15-00354ct FR Fact Sheet.pdf 15-00354ctAnalysis, Maps, PZAB Reso & Supporting Docs.pdf 15-00354ct Legislation (v2).pdf 15-00354ct Exhibit.pdf LOCATION: Miami River Residential Density Increase Area; generally bounded by SW 5th Street and the Miami River on the north, the Metro Rail on the east, SW 3rd Avenue on the west and SW 7th Street on the south [Commissioner Frank Carollo - District 3] 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 June 3, 2015, by a vote of 11-0. PURPOSE: This will amend policies of the "Interpretation of the 2020 Future Land Use Map" and "The 2020 Future Land Use Map Series" of the City's Comprehensive Plan to establish the Miami River -Residential Density Increase Area permitting up to 400 dwelling units per acre. Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item PZ 1 was deferred to the September 10, 2015, Regular Commission Meeting. PZ.2 ORDINANCE First Reading 15-00624ap AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 10.2 ACRES (444,696 SQUARE FEET) INCLUSIVE OF CITY OF MIAMI OWNED LAND, FOR THE "MIAMI RIVER SPECIAL AREA PLAN ("SAP")", A MIXED USE DEVELOPMENT LOCATED AT APPROXIMATELY 257 AND 243 SOUTHWEST 7 STREET, 243 SOUTHWEST 6 STREET, 219 SOUTHWEST 7 STREET, 224 SOUTHWEST 6 STREET, 501 SOUTHWEST 3 AVENUE, 233 SOUTHWEST 7 STREET, 242 SOUTHWEST 5 STREET, 220 SOUTHWEST 6 STREET, 428 SOUTHWEST 3 AVENUE, 401 SOUTHWEST 3 AVENUE, 252 SOUTHWEST 6 STREET, 243 SOUTHWEST 4 AVENUE, 255 SOUTHWEST SOUTH RIVER DRIVE, 645 SOUTHWEST 3 AVENUE, 244 SOUTHWEST 6 STREET, 330 SOUTHWEST SOUTH RIVER DRIVE, 353 SOUTHWEST 4 STREET, 621 SOUTHWEST 3 AVENUE, 260 SOUTHWEST 6 STREET, 261 SOUTHWEST 6 STREET, 201 SOUTHWEST 6 STREET, 201 SOUTHWEST 4 City of Miami Page 111 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 AVENUE, INCLUDING AN EASTERN PORTION OF JOSE MARTI PARK, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE MIAMI RIVER SPECIAL AREA PLAN (SAP) CONSISTS OF A PHASED PROJECT DIVIDED INTO FIVE (5) PARTS WHICH INCLUDES APPROXIMATELY 4,181,087 SQUARE FEET OF DEVELOPMENT CONSISTING OF THE FOLLOWING: A) APPROXIMATELY 1,678 RESIDENTIAL UNITS; B) APPROXIMATELY 330 LODGING UNITS; C) APPROXIMATELY 66,541 SQUARE FEET OF OFFICE SPACE; D) APPROXIMATELY 176,350 SQUARE FEET OF COMMERCIAL USES; E) APPROXIMATELY 2,376 PARKING SPACES; F) APPROXIMATELY 17 BOAT SLIPS; G) APPROXIMATELY 35,964 SQUARE FEET OF CIVIC SPACE; AND H) APPROXIMATELY 15,175 SQUARE FEET OF OPEN SPACE; THE MIAMI RIVER SPECIAL AREA PLAN (SAP) WILL MODIFY THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS, WHERE A SECTION IS NOT SPECIALLY MODIFIED, THE REGULATION AND RESTRICTION OF MIAMI 21 CODE APPLY; THE NUMBERS OF FEET STATED ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE BY NOT MORE THAN FIVE PERCENT (5%) AT THE TIME OF THE BUILDING PERMIT BUT SHALL NOT EXCEED 4,181,087 SQUARE FEET OF THE DEVELOPMENT; AND SHALL CONTAIN A MINIMUM OF 35,964 SQUARE FEET OF CIVIC SPACE, AND A MINIMUM OF 15,175 SQUARE FEET OF OPEN SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00624ap FR Fact Sheet.pdf 15-00624ap Staff Analysis, Maps & PZAB Reso.pdf 15-00624ap Application & Supporting Docs.pdf 15-00624ap Legislation (v3).pdf 15-00624ap ExhibitA- Exhibit D.pdf LOCATION: Approximately 257 and 243 SW 7 Street, 243 SW 6 St, 219 SW 7 St, 224 SW 6 St, 501 SW 3 Avenue, 233 SW 7 St, 242 SW 5 St, 220 SW 6 St, 428 SW 3 Avenue, 401 SW 3 Avenue, 252 SW 6 St, 243 SW 4 Avenue, 255 SW South River Drive, 645 SW 3 Avenue, 244 SW 6 St, 330 SW South River Drive, 353 SW 4 Street, 621 SW 3 Avenue, 260 SW 6 St, 261 SW 6 Street, 201 SW 6 Street, 201 SW 4 Avenue, and the eastern portion of Jose Marti Park. The project site is within the bounds of the Miami River to the north, SW 7 Street to the south, SW 2 Avenue to the east and SW 3 Avenue to the west. The City of Miami owns Jose Marti Park, located adjacent to the applicant's 6.2 acres and northwest of SOUTH WEST 3 Avenue, extending northwest of the Miami River and terminating at SW 2 Street. [Commissioner Frank Carollo - District 3] APPLICANT(S): Melissa Tapanes Llahues, Esq. on behalf of CG Miami River LLC. Daniel J. Alfonso, City Manager, on behalf of the City of Miami, as co -applicant. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions. See supporting documentation. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on City of Miami Page 112 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 June 3, 2015, by a 10-1 vote. PURPOSE: This will allow the area to be Master Planned to allow a greater integration of public improvements and infrastructure and greater flexibility as part of the "Miami River Special Area Plan (SAP)." Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item PZ 2 was deferred to the September 10, 2015, Regular Commission Meeting. PZ.3 ORDINANCE First Reading 15-00624da ITEM TO BE DEFERRED TO SEPTEMBER 10, 2015 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENTAGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN CG MIAMI RIVER, LLC., APPLICANT ENTITY AND THE CITY OF MIAMI, FLORIDA, RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 10.2 ACRES FOR THE "MIAMI RIVER" SPECIALAREA PLAN ("SAP"), A MIXED USE DEVELOPMENT, LOCATED AT APPROXIMATELY 257 SOUTHWEST 7 STREET, 243, SOUTHWEST 7 STREET, SOUTHWEST 6 STREET, 219 SOUTHWEST 7 STREET, 224 SOUTHWEST 6 STREET, 501 SOUTHWEST 3 AVENUE, 233 SOUTHWEST 7 STREET, 242 SOUTHWEST 5 STREET, 220 SOUTHWEST 6 STREET, 428 SOUTHWEST 3 AVENUE, 401 SOUTHWEST 3 AVENUE, 252 SOUTHWEST 6 STREET, 243 SOUTHWEST 4 AVENUE, 255 SOUTHWEST SOUTH RIVER DRIVE, 645 SOUTHWEST 3 AVENUE, 244 SOUTHWEST 6 STREET, 330 SOUTHWEST SOUTH RIVER DRIVE, 353 SOUTHWEST 4 STREET, 621 SOUTHWEST 3 AVENUE, 260 SOUTHWEST 6 STREET, 261 SOUTHWEST 6 STREET, 201 SOUTHEAST 6 STREET, 201 SOUTHEAST 4 AVENUE, INCLUDING AN EASTERN PORTION OF JOSE MARTI PARK, MIAMI, FLORIDA; AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE MIAMI RIVER SPECIAL AREA PLAN (SAP) CONSISTS OF A DENSITY INCREASE AREA FROM 200 TO 400 DWELLING UNITS PER ACRE. FOUR (4) TOWERS BETWEEN 58 AND 60 STORIES, APPROXIMATELY 4,181,087 SQUARE FEET OF DEVELOPMENT CONSISTING OF THE FOLLOWING: A) APPROXIMATELY 1,678 RESIDENTIAL UNITS; B) APPROXIMATELY 330 LODGING UNITS; C) APPROXIMATELY 66,541 SQUARE FEET OF OFFICE SPACE; D) APPROXIMATELY 176,350 SQUARE FEET OF COMMERCIAL USES; E) APPROXIMATELY 2,376 PARKING SPACES; F) APPROXIMATELY 17 BOAT SLIPS; G) APPROXIMATELY 35,964 SQUARE FEET OF CIVIC SPACE; AND H) APPROXIMATELY 15,175 SQUARE FEET OF OPEN SPACE. AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, AND ANY OTHER USES AUTHORIZED BY THE "MIAMI RIVER SAP", AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AND THE MIAMI City of Miami Page 113 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00624da FR Fact Sheet.pdf 15-00624da Legislation (v2).pdf 15-00624da ExhibitA.pdf 15-00624da Exhibit 1.pdf LOCATION: Approximately 257 and 243 SW 7 Street, 243 SW 6 Street, 219 SW 7 Street, 224 SW 6 Street, 501 SW 3 Avenue, 233 SW 7 Street, 242 SW 5 Street, 220 SW 6 Street, 428 SW 3 Avenue, 401 SW 3 Avenue, 252 SW 6 Street, 243 SW 4 Avenue, 255 SW South River Drive, 645 SW 3 Avenue, 244 SW 6 Street, 330 SW South River Drive, 353 SW 4 Street, 621 SW 3 Avenue, 260 SW 6 Street, 261 SW 6 Street, 201 SE 6 Street, 201 SE 4 Avenue, and the eastern portion of Jose Marti Park. The project site is within the bounds of the Miami River to the north, SW 7 Street to the south, SW 2 Avenue to the east and SW 3 Avenue to the west. The City of Miami owns Jose Marti Park, located adjacent to the applicants 6.2 acres and northwest of SW 3 Avenue, extending NW of the Miami River and terminating at SW 2 Street. [Commissioner Frank Carollo - District 3] APPLICANT(S): Melissa Tapanes Llahues, Esq. on behalf of CG Miami River, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-00624ap. PURPOSE: This will allow the development of the "Miami River" SAP. Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item PZ 3 was deferred to the September 10, 2015, Regular Commission Meeting. PZ.4 ORDINANCE Second Reading 15-000901u 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 114 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 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 15-00090Iu 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 Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez 13542 Barnaby Min (Deputy City Attorney): Are we returning to PZs (Planning & Zonings)? Chair Gort: Yes, sir. We have a lot of people waiting. Yes, sir. Francisco Garcia (Director, Department of Planning & Zoning): Very well. Then the next items, if my agenda is correct, are items PZ4 and PZ.5. Commissioner Carollo: Isn't the district Commissioner not here? Vice Chair Hardemon: What's PZ 4 and 5? Commissioner Carollo: Isn't the district Commissioner for PZ.4 and 5 not present? Mr. Garcia: I've spoken with the district Commissioner, and he provided guidance that we should proceed ahead with these changes in spite of his absence. Chair Gort: What was that again? Mr. Garcia: Commissioner Carollo brings up the point that there are certain items going forward in the PZ agenda that are going to be in District 2, and I consulted prior to his departure, with Commissioner Sarnoff, who provided guidance that these items that are in City of Miami Page 115 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 District 2 should be heard and acted on in his absence, and he was okay with that. Chair Gort: Okay. Vice Chair Hardemon: I move to accept PZ. 4. Chair Gort: Let's hear -- Mr. Garcia: I'll read it briefly into the record. Items PZ 4 and PZ.5 are companion items. They are respectively the land use change and zoning change for a property at 3650 Bird Road. The land use component is a change from light industrial to restricted commercial; and the rezoning is a change from D1, which is workplace district zone to T6-12-0, or urban core transect zone, open. The recommendation is for approval, and so has been the recommendation of the lower boards. 171 be 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 this issue? Mario Garcia -Serra: Good evening, Mr. Chair, Commissioners. Mario Garcia -Serra, with offices at 600 Brickell Avenue, representing the applicant and the property owner here, Deel Realty, LLC (Limited Liability Company) and Morgan Property Group, LLC. This item is on second reading. As the director mentioned, we have a recommendation of approval from staff. The Planning & Zoning Board recommended approval of both of these items. We have support of the neighborhood. We entered into an agreement with the Golden Pines Neighborhood Association, which is the neighborhood association closest to the property to support the agreement. On first reading, everything went smoothly. There was on gentleman who discussed the traffic, and during that discussion, Commissioner Sarnoff rightly pointed out part of the vision of Miami 21 is to try to mix uses close to and intensity uses around mass transit areas and busy roadways, and this project would be a significant step in that direction for this part of the City where that vision is becoming reality. I'll limit my comments to that, but, of course, preserve any time ifI need to for rebuttal. Chair Gort: Thank you. Anyone else would like to address this issue? Anyone else? Anyone else? Seeing none, hearing none, close the public hearing. Do we have a motion? Vice Chair Hardemon: I move PZ. 4. Chair Gort: Been moved by -- Commissioner Carollo: Yeah, and I second Chair Gort: -- Vice Chairman Hardemon; second by Commissioner Carollo. Any further discussion? Being none -- The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ 4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. PZ.5 ORDINANCE 15-00090zc Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. City of Miami Page 116 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 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 15-00090zcAnalysis, 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 FINDING(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 Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez 13543 Note for the Record: Please see Item PZ4 for minutes pertaining to Item PZ 5. Vice Chair Hardemon: I move to accept PZ. 5. Chair Gort: PZ 5. Been moved by Vice Chairman Hardemon. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): And for the record, the public hearing was open for PZ 4 and 5 at the same time. Roll call on item PZ 5. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. Chair Gort: Thank you all. City of Miami Page 117 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Mario Garcia -Serra: Thank you very much, Mr. Chair and Commissioners. PZ.6 ORDINANCE Second Reading 15-000831u 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 15-00083Iu 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 31 st Street 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 ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez 13544 Chair Gort: PZ. 6. Francisco Garcia (Director, Department of Planning & Zoning): Yes, sir. Items PZ.6 and PZ 7 are companion items, as well. These are land use and rezoning proposals, respectively, for City of Miami Page 118 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 properties at approximately 22 and 25 Northwest 31 st Street, and 20 and 28 Northwest 32nd Street. These are a land use change from duplex residential to low density restricted commercial, and a zoning change from T3-O to T4-L, which are accompanied by a covenant. It's been recommended for approval by the Department of Planning & Zoning, as well as the lower boards. I am happy to answer any questions you may have. Vice Chair Hardemon: Move to accept PZ 6. Chair Gort: Thank you. It's been moved by Commissioner Sarnoff [sic]. Commissioner Carollo: Second. Chair Gort: Six and 7; second by Commissioner Carollo. Anyone in the public like to address these issues? Steve Wernick: Mr. Chair, Steve Wernick, address at 1 Southeast 3rd Avenue, here on behalf of the applicant, and I'm happy to answer any questions you may have, but we've had support at every level, and happy to be here on second reading. Chair Gort: Thank you. Any further discussion? 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 second reading, 3-0. PZ.7 ORDINANCE 15-00083zc 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 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 City of Miami Page 119 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 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 ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez 13545 Note for the Record: Please see Item PZ 6 for minutes pertaining to Item PZ. 7. Vice Chair Hardemon: Move to accept PZ 7. Chair Gort: PZ. 7. It's been moved. Commissioner Carollo: Second. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ 7. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. Steven Wernick: Thank you, Commission. PZ.8 ORDINANCE 15-000841u 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 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 RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 120 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 15-000841u SR Fact Sheet.pdf 15-00084Iu Analysis, Maps & PZAB Reso.pdf 15-000841u Application & Supporting Docs.pdf 15-000841u Legislation (v3).pdf 15-000841u Exhibit.pdf 15-000841u-Submittal-Carlos Chialustri-Beacon Harbor Condo Resolution.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez 13548 Chair Gort: PZ 8. Francisco Garcia (Director, Department of Planning & Zoning): Thank you, sir. Items PZ.8 and PZ.9 are companion items. They are respective -- they are before you on second reading, I should have said -- and they are respectively the land use and zoning change for property at 3581 East Glencoe Street. The change in land use is 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 changes are from T3-R with an NCD-3 overlay and T5-R with an NCD-3 overlay to T4-R with an NCD-3 overlay and T5-R with an NCD-3 overlay. This item includes a covenant, and has been corrected -- both items, in fact, have been corrected through a substitution memo issued to the City Commission recently. We recommend approval, the lower boards have recommended approval, and we'll be happy to answer any questions you may have. Vice Chair Hardemon: I move to accept it -- anything to keep this gentleman right here from speaking. Commissioner Carollo: Second. Chair Gort: Been moved and second Yes, sir. Javier Fernandez: Commission, Javier Fernandez, with Stearns Weaver Miller, here on behalf of Grove Bay Properties; principals, Oscar Rodriguez and Ricardo Vadia. If you'd like to take up the public comment first, we'll defer any comments or presentations till that's concluded. Chair Gort: Yes, sir, you're recognized. Carlos Chialastri: Yeah. My name is Carlos Chialastri. I'm property manager for the Beacon Harbor Condominium, located at 1660 West Glencoe Street. I'm here to state the concerns of the unit owners and hand these documents to the Board. Vice Chair Hardemon: Make sure you give a copy to the Clerk, please. Mr. Chialastri: Basically, the unit owners are -- I don't think I'm going to read through the whole thing, but they're just concerned about that this zoning change will create a impact on traffic, where -- so that the -- trying to get out from Glencoe Street into South Bayshore Drive, when doing it right now, it's quite a problem; we have a lot of traffic there. So that is the biggest concern that -- and if this passes, maybe you can consider having a traffic light there at the Glencoe and South Bayshore Drive, so it makes it safer to try to get access from that street, and those are the concerns of the unit owners. Thank you. Victoria Mendez (City Attorney): Sir, if you can -- sir, over here, this way. Could I have a copy, City of Miami Page 121 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 please? Mr. Chialastri: Sure. Ms. Mendez: Thank you. Thank you. Chair Gort: Okay, any -- anyone else? Anyone else from the public? Seeing none -- yes, sir. Mr. Fernandez: Commissioners, again, Javier Fernandez for the record. By way of brief rebuttal, I just wanted to highlight for the record that we are not maximizing the density that would be permitted by the zoning change, in response, in part to the staff concerns regarding the intensity, so there'll be a net increase of eight units on the property, from 18 presently to 26, so it should mitigate a significant -- to a significant degree the concerns expressed by the Beacon Harbor Condominium. If you have any further questions, I'm happy to address them. Chair Gort: Well, my understanding is there's a request that you guys try to help them out with the traffic light, some kind of signal. Mr. Fernandez: We'll be back before this board again for further approvals, and we're happy to entertain any request at that time. Chair Gort: Thank you. Anyone else? Close the public hearing. An ordinance. Ms. Mendez: There's already been a motion? Todd B. Hannon (City Clerk): Yes; a motion and a second The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ 8. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 3-0. Later... Ms. Mendez: I think there's a -- I just wanted to -- for the record, the land use title that was read into the record was not the substitution, so we're going to have to re -read that into the record, I believe, because it's not the land use change. This is the one that had the substitution, correct? Chair Gort: Talking about PZ9? Ms. Mendez: Hmm? PZ9 is correct; it's the rezoning. PZ 8 -- Mr. Hannon: Yeah. Ms. Mendez: -- which was a substitution, I need to read that -- the correct title into the record. Chair Gort: Go right ahead. Ms. Mendez: Do you have the correct one here? Okay, give me one second, please, because this is the one that had the substitution. Okay, I have it here. Chair Gort: I understand -- hold on a second. City of Miami Page 122 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Ms. Mendez: PZ.8 -- well, just procedurally, we don't have to revisit it. We're just going to read the correct title into the record and then -- Mr. Hannon: Yes, ma'am. Ms. Mendez: -- reaffirm the vote. Mr. Hannon: Yeah; through unanimous consent, that's fine. Ms. Mendez: Okay. The Ordinance was read by corrected title into the public record by the City Attorney. Chair Gort: That's what I have here. Ms. Mendez: What happened was that the zoning was read twice, because it was a substitution, so now I'm reading the land use for PZ.8, which is the one that you just have to affirmatively -- Chair Gort: Got you. Ms. Mendez: -- agree to. Mr. Hannon: If there are no objections, then we can proceed to the next item. Chair Gort: Okeydoke. PZ.9 ORDINANCE 15-00084zc 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-R/NCD-3 "SUB -URBAN TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD CONSERVATION DISTRICT 3" AND T5-R/NCD-3 "URBAN CENTER TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD 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 15-00084zc-Submittal-Carlos Chialustri-Beacon Harbor Condo Resolution.pdf LOCATION: Approximately 3581 E. Glencoe Street [Commissioner Marc Sarnoff - District 2] City of Miami Page 123 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 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 Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez 13549 Note for the Record: Please see Item PZ8 for minutes pertaining to Item PZ.9. Vice Chair Hardemon: Move to accept PZ 9. Commissioner Carollo: Second. Chair Gort: PZ.9 being moved by Vice Chairman; second by Commissioner Carollo. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ9. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. PZ.10 ORDINANCE 15-000571u 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 2240 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA LEGALLY DESCRIBED IN EXHIBIT "A", HEREBY ATTACHED, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 124 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 15-000571u FR Fact Sheet.pdf 15-00057Iu Analysis, Maps & PZAB Reso.pdf 15-000571u Application & Supporting Docs.pdf 15-000571u Legislation (v2).pdf 15-000571u Exhibit.pdf LOCATION: Approximately 2240 SW 13th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID: 15-00057zc. PLANNING, ZONING AND APPEALS BOARD: Motion to approve with conditions failed, by a vote of 4-5; therefore, constituting a recommendation of denial on May 20, 2015. PURPOSE: This will change the land use designation for the above property from "Duplex Residential" to "Low Density Restricted Commercial'. Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, 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 PZ 10 was continued to the September 24, 2015, Planning and Zoning Commission Meeting. PZ.11 ORDINANCE First Reading 15-00057zc 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 CENTER TRANSECT ZONE LIMITED", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT A", HEREBY ATTACHED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00057zcAnalysis, Maps & PZAB.pdf 15-00057zc Application & Supporting Docs.pdf 15-00057zc Legislation (v2).pdf 15-00057zc Exhibit.pdf LOCATION: Approximately 2240 SW 13th Avenue [Commissioner Frank Carollo - District 3] City of Miami Page 125 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. Item includes a covenant. See companion File ID 15-000571u. PLANNING, ZONING AND APPEALS BOARD: Motions to recommend approval failed on May 20, 2015, by two votes of 4-5, therefore constituting a recommendation of denial. PURPOSE: This will allow a change in the zoning classification for the above property from T3-O to T4-L. Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, 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 PZ 11 was continued to the September 24, 2015, Planning and Zoning Commission Meeting. PZ.12 ORDINANCE Second Reading 15-007191u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE 2020 FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 2970 SOUTHWEST 37TH AVENUE; 2950, 2960, AND 2970 SOUTHWEST 37TH COURT; 2955, 2965, 2971, 2952, 2964, AND 2970 SOUTHWEST 38TH AVENUE; 2951, 2957, 2981, 2952, AND 2970 SOUTHWEST 38TH COURT; AND 2961 AND 2983 SOUTHWEST 39TH AVENUE, 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. 15-007191u SR Fact Sheet.pdf 15-007191u Analysis, Maps and PZAB Reso.pdf 15-007191u-Submittal-Raymond Carrero-Aerial Map, Photo, and Property Appraiser Summary Rep 15-007191u Legislation (v2).pdf 15-007191u Exhibit.pdf LOCATION: Approximately 2970 SW 37th Avenue; 2950, 2960, and 2970 SW 37th Court; 2955, 2965, 2971, 2952, 2964, and 2970 SW 38th Avenue; 2951, 2957, 2981, 2952, and 2970 SW 38th Court; and 2961 and 2983 SW 39th Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of City of Miami Page 126 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID: 15-00719zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on July 1, 2015, by a vote of 8-0. PURPOSE: This will change the land use designation for above properties from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez 13546 Chair Gort: PZ.10. Francisco Garcia (Director, Department of Planning & Zoning): Items PZ10 and 11 have been continued, sir. Chair Gort: Okay. Mr. Garcia: The next item would be PZ 12, and PZ 12 and PZ 13 are likewise companion items. They are respectively for the land use change and the rezoning of a stretch of land parallel to Bird Road, and I'll provide you a rough description of its location. It happens to go from the Coral Gables boundary to the west to the Florida Power & Light Substation on Bird Road and 37th Avenue -- rather -- Bird Road -- yes -- and 37th Avenue to the east. And it goes south to north for three lots deep, abutting the lots that front Bird Road, but north of those lots that front Bird Road. You have a map attached, of course; it's just simply to give you the bearings. And the change proposed is from a land use designation of duplex residential to one of low density restricted commercial, and the zoning designation would change from T3-O to T4-L. There was originally some apprehension on some of the property owners that this might have been advertised for the taking of this land, which was, of course, not the case. That was clarified, but the confusion was enough to basically result in a recommendation of tentative denial by the Planning & Zoning Appeals Board. Subsequently, you've heard this on first reading, and I think that has been clarified, and there is widespread acceptance. We've heard no further complaints from the affected property owners; before you on second reading, then, with a recommendation of approval for your consideration. I'm happy to answer any questions you may have. Chair Gort: Thank you. Do I have a motion? Vice Chair Hardemon: This is 12, right? Chair Gort: Do I have a motion? PZ 12, PZ.13. Commissioner Carollo: Move it. Chair Gort: It's been moved by Commissioner Carollo. Is there a second? Vice Chair Hardemon: Second. City of Miami Page 127 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: Second by Vice Chairman Hardemon. Go ahead. Todd B. Hannon (City Clerk): Chair, your public hearing on 12 and 13. Chair Gort: Anyone would like to speak on item 12 and 13? It's a City request. Seeing none, hearing none, close the public hearing. Victoria Mendez (City Attorney): PZ 12. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ 12. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. PZ.13 ORDINANCE 15-00719zc 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 2970 SOUTHWEST 37TH AVENUE; 2950, 2960, AND 2970 SOUTHWEST 37TH COURT; 2955, 2965, 2971, 2952, 2964, AND 2970 SOUTHWEST 38TH AVENUE; 2951, 2957, 2981, 2952, AND 2970 SOUTHWEST 38TH COURT; AND 2961 AND 2983 SOUTHWEST 39TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00719zc SR Fact Sheet.pdf 15-00719zcAnalysis, Maps & PZAB Reso.pdf 15-00719zc-Submittal-Raymond Carrero-Aerial Map, Photo, and Property Appraiser Summary Rei 15-00719zc Legislation (v2).pdf 15-00719zc Exhibit.pdf LOCATION: Approximately 2970 SW 37th Avenue; 2950, 2960, and 2970 SW 37th Court; 2955, 2965, 2971, 2952, 2964, and 2970 SW 38th Avenue; 2951, 2957, 2981, 2952, and 2970 SW 38th Court; and 2961 and 2983 SW 39th Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-007191u. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on July 1, 2015, by a vote of 8-0. PURPOSE: This will allow a zoning classification change for the above properties from T3-O "Sub -Urban Transect Zone Open" to T4-L "General Urban City of Miami Page 128 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Transect Zone Limited". Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez 13547 Note for the Record: Please see Item PZ.12 for minutes pertaining to Item PZ.13. Chair Gort: PZ.13. Commissioner Carollo: Move it. Chair Gort: Been moved by Commissioner Carollo. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ 13. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. PZ.14 ORDINANCE 15-006781u First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS PURSUANT TO CHAPTER 163.3184(3), FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED BETWEEN INTERSTATE 95 ON THE WEST, NORTHWEST 29TH STREET ON THE NORTH INCLUDING SPECIFIC PARCELS FRONTING NORTHWEST29TH STREET ON THE NORTH, NORTHWEST 20TH STREET ON THE SOUTH INCLUDING SPECIFIC PARCELS FRONTING NORTHWEST20TH STREET ON THE SOUTH, AND THE FEC CORRIDOR ON THE EAST, MIAMI FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL"; FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL", "RESTRICTED COMMERCIAL", "INDUSTRIAL", AND "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL"; AND FROM 'INDUSTRIAL" TO "LIGHT INDUSTRIAL", AS DEPICTED IN EXHIBIT "A", HEREBY ATTACHED AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 129 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 15-00678Iu Analysis, Maps & PZAB Reso.pdf 15-006781u Legislation (v2).pdf 15-006781u-Submittal-Francisco Garcia-MDC Concurrency Preliminary Analysis.pdf 15-006781u Exhibit A SUB.pdf LOCATION: Wynwood NRD-1 Area; Generally bounded by 1-95 on the west, North West 29th Street on the north including parcels fronting North West 29th Street on the north between 1-95 and North West 5th Avenue and between North West 2nd Avenue and North Miami Avenue, North West 20th Street on the south including parcels fronting North West 20th Street on the south between North West 1st Place and North Miami Avenue, and the FEC Corridor on the east. [Commissioner Keon Hardemon - District 5] and [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID: 15-00678zt2. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 17, 2015, by a 9-0 vote. PURPOSE: This will amend selected properties of the 2020 Future Land Use Map designations of the City's Comprehensive Plan from "Medium Density Restricted Commercial" to "Medium Density Multifamily Residential"; from "Medium Density Restricted Commercial", "Restricted Commercial", "Industrial", and "Light Industrial" to "General Commercial"; and from "Industrial" to "Light Industrial". 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: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez Note for the Record: Please see Item FR.1 for minutes pertaining to Item PZ 14. Vice Chair Hardemon: Mr. Chairman, I move PZ 14. Commissioner Carollo: Second. Chair Gort: PZ.14, it's been moved and second Barnaby Min (Deputy City Attorney): And I believe there is an amendment with an additional map. Chair Gort: What's the amendment? Francisco Garcia (Director, Department of Planning & Zoning): That is correct. There is -- one of the lines that distinguishes the limited commercial from the general commercial has been changer, as demonstrated in the drawing. Once again, the title was advertised appropriately; it is simply in your packages (UNINTELLIGIBLE) incorrectly, but we thought we'd state it as an abundance of caution. City of Miami Page 130 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item -- Vice Chair Hardemon: One, one, one -- before you go into the vote, this is -- is this the exhibit we're talking about? Mr. Garcia: Yes, sir. I will approach you just to verify that you have the correct document. Vice Chair Hardemon: And this -- Mr. Garcia: Yes, sir, this is the (UNINTELLIGIBLE) describing right now. Vice Chair Hardemon: Okay, so we're not describing this red; we're not describing that. Okay, just be clear. Mr. Garcia: For the record, sir -- and thank you for prompting me for additional detail -- to clarify on the record, there is a zoning boundary line distinguishing a medium density restricted commercial from a general commercial area, and that line exists just west of North Miami Avenue, and roughly between -- a little bit north of 27th Street and a little bit south of 26th Street, and that line has basically moved 50 feet to the west, to more clearly demarcate the medium density restricted commercial area from the general commercial area. That is the sole change, and again, it's map error. Vice Chair Hardemon: So -- and to be very clear -- so it does not affect anything with Overtown boundaries, Overtown land use or anything of that nature? Mr. Garcia: Not in the least. Vice Chair Hardemon: Okay, I'm ready. Chair Gort: Been moved. Is there a second? Commissioner Carollo: Second. Vice Chair Hardemon: There's -- no, we have to vote now, I think. Commissioner Carollo: Yeah, I think -- I thought we -- Mr. Hannon: We're now at the roll call. Commissioner Carollo: Right. Mr. Hannon: Roll call on item PZ 14. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 3-0. PZ.15 ORDINANCE 15-00678zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY 1)AMENDINGARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS", TO ADD AND MODIFY TERMS; AND 2) City of Miami Page 131 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 AMENDING ARTICLE 3, SECTION 3.3.6, ENTITLED "ESTABLISHED SETBACK AREAS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00678zt FR Fact Sheet.pdf 15-00678zt PZAB Reso.pdf 15-00678zt Legislation (v2).pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 17, 2015, by a 9-0 vote. PURPOSE: This ordinance will 1) amend Article 1, Section 1.2 Entitled, "Definition of Terms", to add and modify terms; and 2) amend Article 3, Section 3.3.6 entitled, "Established Setback Areas" of the Zoning Ordinance. Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez Note for the Record: Please see Item FR.1 for minutes pertaining to Item PZ 15. Vice Chair Hardemon: Move to accept PZ 15. Commissioner Carollo: Second. Chair Gort: It's been moved and second. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ 15. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. PZ.16 ORDINANCE First Reading 15-00678zt1 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, ADDING SECTION 3.12.3, ENTITLED "NEIGHBORHOOD REVITALIZATION DISTRICTS (NRD)"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 132 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 15-00678zt1 FR Fact Sheet.pdf 15-00678zt1 PZAB Reso.pdf 15-00678zt1 Legislation (v2).pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 17, 2015, by a vote of 9-0. PURPOSE: This will amend Article 3, adding Section 3.12.3, entitled "Neighborhood Revitalization Districts (NRD)", to the Zoning Ordinance. Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez Note for the Record: Please see Item FR.1 for minutes pertaining to Item PZ 16. Vice Chair Hardemon: Move to accept PZ 16. Commissioner Carollo: Second. Chair Gort: Been moved and second The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ 16. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. PZ.17 ORDINANCE First Reading 15-00678zt2 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REZONING CERTAIN PARCELS OF APPROXIMATELY 204.87 ACRES FOR THE CREATION OF THE "WYNWOOD NEIGHBORHOOD REVITALIZATION DISTRICT (NRD-1)", BOUNDED APPROXIMATELY BY INTERSTATE 95 ON THE WEST, NORTHWEST 29TH STREET ON THE NORTH INCLUDING SPECIFIC PARCELS FRONTING NORTHWEST 29TH STREET ON THE NORTH, NORTHWEST 20TH STREET ON THE SOUTH INCLUDING SPECIFIC PARCELS FRONTING NORTHWEST 20TH STREET ON THE SOUTH, AND THE FLORIDA EAST COAST RAILWAY CORRIDOR ON THE EAST, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, WITH NRD-1 MODIFYING THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS, AS DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING City of Miami Page 133 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00678zt2 FR Fact Sheet.pdf 15-00678zt2Analysis, Maps & PZAB Reso.pdf 15-00678zt2 Legislation (v2).pdf 15-00678zt2 Exhibit A.pdf 15-00678zt2 Exhibit B.pdf LOCATION: Wynwood NRD-1 Area; Generally bounded by 1-95 on the west, NW 29th Street on the north including parcels fronting NW 29th Street on the north between 1-95 and NW 5th Avenue and between NW 2nd Avenue and N Miami Avenue, NW 20th Street on the south including parcels fronting NW 20th Street on the south between NW 1st Place and N Miami Avenue, and the FEC Corridor on the east. [Commissioner Keon Hardemon - District 5] and [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID: 15-006781u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with modifications, on June 17, 2015, by a vote of 9-0. PURPOSE: This will allow the Wynwood District to be transitioned from an industrial district into a diverse, mixed -use, residential neighborhood. Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez Note for the Record: Please see Item FR.1 for minutes pertaining to Item PZ 17. Vice Chair Hardemon: Move to accept PZ 17. Commissioner Carollo: Second. Chair Gort: Been moved and second Barnaby Min (Deputy City Attorney): Commissioners, just so you know, between first and second reading, we will be amending the legislation to make it clear. Although the legislation refers to the exhibit, which is the analysis for the change of zoning for some of the parcels, we'll specify in the legislation that -- what the change in zoning is. I can read into the record what those changes are now if you prefer, but again, it'll be stated on the record for second reading. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ 17. Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Vice Chair Hardemon? City of Miami Page 134 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Vice Chair Hardemon: I would like to say that the southern boundaries of the NRD (Neighborhood Revitalization District), we'll be discussing; so we'll be discussing, all right? All right, 'for." Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading, 3-0. PZ.18 ORDINANCE 15-00323ct PZ.19 14-01075zt Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY AN EXPEDITED STATE REVIEW PROCESS PURSUANT TO SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING AND ADDING SPECIFIC GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE INCLUDING POTABLE WATER, COASTAL MANAGEMENT, NATURAL RESOURCE CONSERVATION, CAPITAL IMPROVEMENTS, AND INTERGOVERNMENTAL COORDINATION ELEMENTS AND INCORPORATING A 20 YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE; AS REQUIRED BY FLORIDA STATUTES, CHAPTER 163.3177(6) (c)3; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-00323ct SR Fact Sheet.pdf 15-00323ct PZAB Reso.pdf 15-00323ct Supporting Docs.pdf 15-00323ct Legislation (v3).pdf 15-00323ct Exhibit.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez Note for the Record: Item PZ.18 was deferred to the September 10, 2015, Regular Commission Meeting. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 7, SECTION 7.2, ENTITLED "PROCEDURES AND NONCONFORMITIES," TO MODIFY PARKING REQUIREMENTS FOR ADAPTIVE USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 135 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 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 Carollo, seconded by Vice Chair Hardemon, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez Note for the Record: Item PZ 19 was deferred to the September 10, 2015, Regular Commission Meeting. PZ.20 ORDINANCE First Reading 14-01 304zt1 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7 "PROCEDURES AND NONCONFORMITIES" TO CLARIFY LANGUAGE ON TIME EXTENSIONS OF NONCONFORMING USES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 14-01304zt1 FR Fact Sheet.pdf 14-01304zt1 PZAB Reso.pdf 14-01304zt1 Legislation (v2).pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on March 24, 2015, by an 8-0 vote. 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. City of Miami Page 136 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez Note for the Record: Item PZ 20 was deferred to the September 10, 2015, Regular Commission Meeting. PZ.21 ORDINANCE Second Reading 15-00778zt 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 Kurland -Encyclical Letter of the Holy Father Francis.pdf 15-00778zt SR Fact Sheet.pdf 15-00778zt PZAB Reso.pdf 15-00778zt Legislation (v3).pdf 15-00778zt-Submittal-Dusty Melton -Memo to Commissioner Barbara Jordan.pdf 15-00778zt-Submittal-Dusty Melton -Email Regarding Siffin Development.pdf 15-00778zt-Submittal-Dusty Melton-County's Memo to Commissioner Suarez.pdf 15-00778zt-Submittal-Dusty Melton -County Sign Code.pdf 15-00778zt-Submittal-Dusty Melton -County Code Section.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 Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Noes: 1 - Commissioner(s) Hardemon Absent: 1 - Commissioner(s) Suarez 13541 Francisco Garcia: Mr. Chair and Commissioners, Francisco Garcia, Planning & Zoning director. Item PZ.21 is before you on second reading today, and it is an amendment to Miami 21, the City's Zoning Ordinance, which proposes the striking out and deleting of the language in the Miami Zoning Ordinance which refers to media towers. The result of the approval on second reading of this item would basically be to remove media towers from the Southeast Overtown/Park West CRA (Community Redevelopment Agency), and therefore rendering that City of Miami Page 137 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 particular use no longer in existence. The lower boards have recommended approval for this item, and that's all I have by way of brief presentation. Happy to answer any questions, I yield to you. Chair Gort: Thank you, sir. It's a public hearing. Anyone in the public would like to address this issue? Todd B. Hannon (City Clerk): Chair, I do have a number of speakers signed up. If you -- if it's okay with you, I'll read the names out. Chair Gort: Go ahead. Mr. Hannon: Thank you, Chair. First three speakers: Dusty Melton, Neil Shiver and Nathan Kurland Dusty Melton: Good afternoon, Commissioners. For the record, my name is Dusty Melton. I reside at 3430 Poinciana Avenue in Coconut Grove, and I'm here to make a brief record and in continuing support of this proposition. And it's just a quick friendly reminder tutorial about the reality of the law that governs all forms of outdoor signage, including in the City of Miami. And I'm going to give to the Clerk for the record a copy of the Dade County Sign Code, which is countywide in nature. And for the convenience of persons reviewing the file in the future, I'm going to highlight several sections of the County Code. It's -- the County Code specifically says that it's applicable in the City of Miami. Importantly, as it relates to media towers, which is the issue before us today, the Sign Code says that if a particular form of sign is not specifically defined in the County Sign Code, then that kind of sign is expressly prohibited. The word, "media towers" do not appear anywhere in this document, the County Sign Code. The County Sign Code also provided a mechanism for municipalities to opt out of a tiny fraction of the total County Sign Code, Division 5; there are six other divisions. And the County of -- City of Miami did exempt itself out of Division 5, but not the other rules, including the rules against media towers. A July 2010 email from Mayor Regalado to constituents saying that the City of Miami may not have media towers unless the County agrees to amend its Sign Code, I think that's informing since it came from our Mayor. And two County Attorney opinions from April of 2012 and June of 2015 from the County Attorney, who is the -- probably the most skilled arbiter of what the Sign Code means -- saying that media towers are not legal. Thank you very much, and I'm going to give these to the Clerk for the record. Chair Gort: Thank you. Next. Cornelius Shiver: Good afternoon. Neil Shiver, 3095 Plaza Street, Coconut Grove; a District 2 resident. I want to take some exception to the first speaker in that I think that one of the best, if not the best City Attorney's Office in the State -- no doubt, in the County -- is that of the City of Miami City Attorney's Office. And in saying that, there is a process in place. There's a process in place under Article 1, Section 6.5. And also, your own City Attorney has opined on the particular process to allow this application to move forward. I am hoping that this Commission deny this repeal and allow the process to move forward. My main concern, Commissioners, is this: If the intent is to repeal all media towers, then I'm not too sure if you should, or if you can selectively start with the Overtown media tower. If you can recall, there was a ordinance that you rejected that was combining two media towers under one legislation. That ordinance was rejected. Once that ordinance was rejected, this ordinance should have been withdrawn, and then a direction should have been submitted to your City Manager, asking him to come back with regulations killing all media towers. How do you, in good faith, repeal in the middle of the game a legislation that the CRA (Community Redevelopment Agenc);, on the -- at the benefit of the residents of Overtown -- those residents, by the way, I must tell you, are a protected class of residents. How do you snatch the rug from under their benefit agreement; an agreement that has been approved and filed; an agreement that calls for millions of dollars annually to the City of Miami Page 138 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Overtown community? You repeal that legislation, but still leave on the books similar situated legislation. So what I'm asking this Commission to do is to reject this repeal and whatever the intent is; come back, and if you're going to kill them, kill all of them at one time. You cannot and you should not select Overtown, as this ordinance does. Thank you. Chair Gort: Thank you. Next. Nathan Kurland Nathan Kurland, 3132 Day Avenue, Commissioners, ladies and gentlemen in the auditorium. Neil, I couldn't agree with you more; we absolutely should kill all media towers. When you're young, you're pushed around in a stroller; and when you're old, you're pushed around in a wheelchair; and in between, you just get pushed around. You have received over 3,000 emails from residents with one clear message: It's push -back time. Media towers have absolutely no place in Miami. As a group, you gentlemen cannot choose to ignore our calls for leadership on visual pollution issues. As a group, you gentlemen cannot ignore safety issues involved with roads distractions caused by flashing LED (light -emitting diode) and billboards and buildings upon which they are axed. As a group, you cannot ignore the impact of this amount of light that will have on the surrounding community. The light from these towers can be seen for over 20 miles; making this an issue not just for residents of Overtown, but for residents of the entire City of Miami. Today, you have the opportunity to finally show us that sign companies and developers are not running the City. You can accept their contributions in your hand as long as it does not place you under their thumb. A media tower is just a fancy name for a structure full of brightly illuminated billboard advertising. There is nothing innovative; there is nothing iconic about advertising towers. You can push the envelope as far as you want, and it's still stationary. Please, Commissioners, vote yes" on PZ.21, which means "no" on monster LED billboards. Thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: Next three speakers: Grace Solares, Natalia Fenzel (phonetic) and Kyle Edwards. Grace Solares: Good afternoon, Commissioners. Grace Solares, 60 Southwest 30th Road I have to disagree with Mr. Shiver before. You can actually do away with that code, because that code is violative [sic] of the County law. You cannot continue relying or having something in your books that is a violation of the law, of established law. Therefore, I request, Commissioners, that you ratify -- even though there are only three of you here today -- the previous vote that you tendered at the last first reading. Thank you, Commissioner. Chair Gort: Thank you. Next. Kyle Edwards: Good afternoon. My name is Kyle Edwards. I'm the general manager of Touche Restaurant and Lounge on 15 Northeast 11th Street. I am in support of the Innovation Tower. Thank you very much. Chair Gort: Thank you. Next. Mr. Hannon: Natalia Fenzel (phonetic), Ron Simkins, Adam Gould, Gino LoPinto. Ron Simkins: Hello, how are you? Ron Simkins, 301 West 41 st Street, Miami Beach. I am part of the development team of the media tower, and I grew up here, and I am sympathetic to everybody's concern, but I have to tell you this: We have thought of this, of everybody; we have followed the law. I agree that we -- this would be a tremendous, tremendous defeat to the City of Miami and to Overtown, and all we ask is that you support what's been passed already and approve the media tower. Thank you very much. Chair Gort: Thank you. Next. City of Miami Page 139 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Adam Gould: Good afternoon, ladies and gentlemen. Adam Gould, 1112 North Miami Ave. (Avenue). Everybody here is up in arms about a bright tower, a bright LED board that might -- what some people call -- be visually -- or visual pollution. Last time I got up here and I spoke, I asked everybody here, past 9, 10 o'clock p.m., has anybody here actually taken a look at the Overtown area? Has anybody here actually taken a look at what true visual pollution really is? What's really going on past most people in this room's bedtime? Let me explain something. I'm there every single night. I'm the one that's dealing with the true -- quote/unquote -- "visual pollution." Overtown is an area that truly needs to be given a gift; a gift of something that's really going to turn this area around; not just for the people that live in Overtown, but also for the businesses; a business like Club 11, which employs over 300 people, 60 to 75 percent of which are black and Hispanic people. The people of Overtown need a renovation, something that is innovative. Now, you talk about a bright, bright LED board. What happens in the darkness? The darkness is where the seediness comes in. You guys might want to look away. You guys might not want to hear about what I'm talking about, but the truth be told, when it's dark and there is no light, this is when the crazy stuff happens; this is when the crime happens; this is when the prostitution, the pandering of drugs and illegal substances happen. This is going on right here in this area. What other gift is being given to this area that's actually going to turn things around, that's going to make it safe for your families to be walking up and down this area; to see something that's actually beautiful? What other gift is on the table right now? This needs to be looked at -- overlooked because of just a bright media wall. Honestly, please take a look. Past 9, 10 o'clock, I invite you to come down and actually look at what's going on. Chair Gort: Thankyou. Mr. Gould. Thankyou. Chair Gort: Next. Gino LoPinto: Mr. Chairman, Commissioners, my name is Gino LoPinto. I am the operating partner at Ell even Miami and Touche Restaurant at 29 Northeast llth Street. I've spoken several times now on this issue, and I am a hundred percent in support of the media tower. It has prior approval. There's been a big investment that will only improve the Overtown City and the surrounding areas to bring countless jobs, and I continue to support it and implore you to vote "no" on PZ.21 and go forward with the media tower. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Next three speakers: David Wilson, Kenneth Ratner and George -- Greg Bush. David Wilson: Good afternoon, Mr. Chairman and Commissioners. I'm senior director for the Miami Innovation, which is the media tower, and we have a systemic problem in this community, and that problem is -- I was reading a HUD (Department of Housing & Urban Development) stuck, and the average income per household in Miami -Dade County and in the City of Miami has decreased. And when you look at this project and you get beyond these people who are saying, "Oh, you can see it 20 miles, " well, they don't know if you could see it 20 miles, because they haven't seen any study; they haven't seen any foot candle studies that it's going to be shown for 20 miles. But what I do know, if we are able to do the media tower in the Innovation District, this will be the first project that's going to start to create high paying jobs. That's the problem. We are at a tipping point in this community. When you look at communities around this country that we have to compete with to bring in young people in this community, we're not going to be able to survive; not at an average income of $26, 000 for people coming out of the University of Miami. And when we lost Pan American Airlines, Eastern Airlines, Bank of America, Knight Bidder, Cordis Corp. (Corporation), Raquel Milgo, Barnett Bank, First National Bank, and we have not replaced those companies that provided great jobs, high paying jobs in addition to City of Miami Page 140 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 training and education of young people in this community, we're going to have a problem. We are now creating a tale of two cities in this community, and anybody who read the book know that that didn't work out so well. We have to figure out how to increase income. We don't need no more affordable housing. We need people to be able to afford workforce housing by creating jobs, and that's the beginning of what the Innovation Tower would lead to in the Innovation District. And I think we got to think about what's this community going to look like 20 years from now; not just what people are concerned about today, about an illumination. Every major city around the world got big towers and illumination. Chair Gort: Thanks. Next. Kenneth Ratner: Good afternoon. My name is Ken Ratner. I'm a resident at 900 Biscayne, and I also work in the area. And I've been up here several times, and I've heard many people argue that this shouldn't happen when something was already on the books, so it confused me. I tried to find out why do people not want this to happen, and most cases, they tell me it's the light. And I thought about it, and I've worked all over the world in cities that are way brighter than one building could ever be, like Tokyo, like Hong Kong. And I thought, what do those people do if they have a little bit of light in their apartment? And the answer was a very low tech solution; it's called blinds. I just can't imagine that we're having a discussion about lights when something's on the books. It's going to bring jobs. The prior speaker mentioned how he's out there at night, every night. I've seen him. And in the morning, when the lights come on, the people who cause the most trouble seem to go away. The neighborhood is not conducive to a dark area. I'd be happy to help somebody, as a consultant, set up a blind business if that's what it takes to make the people comfortable that what we're doing is trying to improve the quality of life in the City. We want to make Miami a major city, and we're arguing about light bulbs. I beg you, please, vote "no" on this thing. And for the people who are arguing against it, come down at night, like one of the prior speakers said and let them see what we're talking about as the sun rises, and everybody disappears that you don't want around. Thank you. Chair Gort: Thank you. Yes, sir. Greg Bush: Good afternoon. I'm Greg Bush, director at the Institute for Public History at the University of Miami, and I support deleting the media tower from Miami 21 Zoning Code. I'm going to come at this from a little bit different direction. My first book was called "Lord of Attention." It was all about a Protestant minister in the early 20th Centuty that believed and promoted notions of what he called "attention engineering" to solve the problems of the world if we'd only have more advertising so that the world would be better. It did not turn out to be so. Yet, Miami grew up as a booster culture. We had advertising in New York City, as most of you know, to get a lot of people here in the early 20th Centuty. I am not against advertising, but I urge you to restrain the power of this gargantuan tower as a symbol of the endless commodification amidst us. Such signs send messages about our culture that are not healthy; our lack of any sense of scale, place or proportion. The contemporary scale of attention engineering represented by this media tower leads, I would argue, to public cynicism; not public information. A text center is fine, but please delete the media -- or, as they say, Innovation Tower. Thank you. Mr. Hannon: Next three speakers: Michael Ameroso, Ken DeGori and Russ Benedetto. Michael Ameroso: Hello. My name is Michael Ameroso. I live at 850 North Miami Avenue, and I'm on the streets in that community every single day, and it is true that there is -- I cannot walk around without being approached for money, see prostitution and other problems that are in the area, right on the streets every day. I live there. This is an economic opportunity. I've seen the design -- at least their concept design -- and I think it's going to be an icon, and I think it's going to be a great opportunity to elevate the perception of downtown Miami. I am absolutely for it. The jobs -- the light, I think is an interesting issue. I agree that it'll be a safer, better place; City of Miami Page 141 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 higher profile; more success; a lot of jobs, some of which I know in the contracts there's locals that'll be guaranteed jobs, and I think those are all positives that I'm for as a resident. Thank you. Ken DeGori: Good afternoon, Commissioners. Ken DeGori, operating partner of E11 even Miami, at 29 Northeast llth Street, in Miami. I stand here in emphatic support of the Innovation Tower. It seems to me that this -- from all I've heard -- the Zoning Ordinance has been in the books for nearly 15 years now, and reiterated and approved almost a decade ago. And one thing I learned as a kid is that after 12 years old, I no longer have the right to grab my bat and ball and run off the field because I don't like the rules of the game anymore. I stand here in support of that tower. Russ Benedetto: Good afternoon, everybody. My name is Russ Benedetto. I live at 3470 East Coast Avenue in Miami. There's a lot of passionate speakers that talk a lot of stuff that I really don't see any proof about. The one thing I know is Miami is a world -class tourist town, and we need to do something to bring more jobs to the area, make it more desirable for people to live, to raise their children. A media tower is exactly what it says, "media"; 21st Century information. It's not a billboard selling hamburgers; it's not a Coppertone billboard. It is the 21st Century. White pollution was created by the light bulb, and I'm sure that was a long, long time ago. So I am in full support of the media tower, and I hope you all do the right thing. Mr. Hannon: Next three speakers: Richard Barrett [sic], 231 Northwest 20th Street; Tony Recio; Renita Holmes; and we'll throw in Peter Ehrlich. Richard Marcus Barty: I'm Father Richard Marcus Barty; born in Overtown in 1940. One of the dangers of having old people around is they don't forget; we remember. I remember in the '80s in this City, after the riots -- and I've said this before -- the government sent millions of dollars to the City of Miami to do something to lift up the residents of Overtown and Liberty City. The Mayor, whom I -- at the time -- greatly respect brought in someone from the outside, from Philadelphia, and he welded together Overtown and Park West. Park West got everything. Overtown got nothing but promises. I support the media tower. We continue to hear this, "visual blight," and I say again, what is more of a visual blight than Overtown? We can't be a world -class city with Overtown as it is, on the doorsteps of downtown Miami. We've got to do something to give hope to the people of Overtown. You know, I'm not hateful and angry, but I'm hopeful that the City Commission would come forward and do something to bring the residents in Overtown, those who are on the outskirts, those who are disadvantaged, do something to give them that hope. In my 35 years as rector of St. Agnes Episcopal Church, we've had close to 300 young folk who've gone on to college, and they've become medical doctors, attorneys, educators and various professions, but none of them come home; they go elsewhere. We're losing the most important thing, and that is those young folk who could help this city to be the world -class city that it can be. Thank you. Chair Gort: Thank you, sir. Next. Mr. Hannon: Renita Holmes and Peter Ehrlich. Renita Holmes: Madam Holmes again, on behalf of myself and the public. You know, I was mistaken, and like I feel like I'm being mistaken quite often about, you know, media towers, smart growth, easements, but when I sit here and I read something this thick about CDMP (Comprehensive Development Master Plan) processes, and Zoning & Planning, and it talks about information, and when I go down and I'm working with the homeowners association, and then I'm over in the County at the meetings, and they do this different. They call it "special tax districting." People assume that we don't have blinds. We have blinds in the hood, but right across the street, there's a really dilapidated border, and there's a E-Lab around the corner, but right there in the parking lot, when Miami 21 and Wynwood District does what they do with the City of Miami Page 142 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 people from Overtown, all the homeless folks come over there where my kids play at. Could some of those revenues come to us? When we look at the revenues from the other media towers in the past or those towers that they're putting above us, my poor children ain't getting nothing. I'm not getting anything. So what's done in the dark ain't got nothing to do with the light. And epileptics going to continue to do that, but when it comes to this, I'm not going to start blinking and st-st-st-st-stuttering. My point is, is that you're getting revenues from media, and it's making it grow. What about those that exist? I believe in smart growth, Commissioner Hardemon, and I read, but those poor children, looking through east and looking to south -- we can't even go across the track, because we can't afford it. And so I think when we talk about fairness in the process, and that the advertising, and building the businesses, and bringing more people, it starts at home. And we really need to talk about how much revenues comes from all of this advertising. And second, when you read something this thick and it says we have aerial rights and aerial easements, how high, how low, all of that -- treat me like I'm intelligent, like I'm out of Coral Gables, okay? Wherever these people come from or where they actually live, forget their qualifying address. Treat me like I'm putting this up in your neighborhood, and you can't see due east. And I don't see that in this process. Now, to do something right is better than to simply do it. We're just simply doing things. And the people have spoken. If someone does it and the people have spoken up, we're just doing things. I want to see the benefits come back to the taxpayers, and I'd like to get all that information that's required according to the statutes, because if this continues, what goes up will come down. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Tony Recio. Tony Recio: Good evening, Mr. Chair, members of the Commission. For the record, my name is Tony Recio with law office at 2525 Ponce de Leon Boulevard. I'm here on behalf of Miami Big Block and Related Entities, who are the developers of the Innovation Tower and the property owners of the Innovation Tower property. We object to this ordinance going forward. We've provided our position at the previous hearing and in writing with respect to the rights to proceed with the project, authorized by Section 6.5.1, and the project that was approved by the CRA executive director that will provide substantial benefits to the residents and businesses in the Southeast Overtown/Park West redevelopment area. Those benefits, just to run through them very quickly is: $5 million in lump sum contributions before the Innovation Tower is ever opened; a minimum, a minimum one -million -dollar contribution that can be increased, based on a percentage of revenues; development of an active plaza for the area that the CRA itself will have access to for programming; approximately 45 minutes of public display time for public service messaging; local preference for jobs during the construction phase and during the permanent operation of the Innovation Tower, as well as a substantial increase to the minimum wage that will be paid on that site. There are other benefits, such as tickets to area attractions; a $200, 000 contribution to job assistance programming funds, and a series of job fairs, to make sure that the community is engaged. Now, we continue to try to work with the City to determine the appropriate mechanism for evaluation of our signed permit applications that have been submitted, that were submitted timely. We reserve all rights with respect to those permit applications. These are permit applications which demonstrate that the Innovation Tower is not the parade of horribles that you have heard others brand it as. We going to continue to implement this development, as authorized by Section 6.5.1, irrespective of what is done today, but we do look forward to having the applications fairly reviewed on the basis of the facts, rather than the inaccuracies that have been portrayed so we look forward to doing that. Thank you. Chair Gort: Thank you. Next. Peter Ehrlich: Good afternoon, Mr. Chair, Commissioners. My name is Peter Ehrlich, 720 Northeast 69th Street. We ask that you please ratify your 4-1 vote from first reading and delete the media tower from Miami 21 Code. Deleting media tower from Miami 1 -- various Miami City of Miami Page 143 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 zoning codes has been a goal of activists and residents for over a decade. We've been told this item that's in front of you does not specifically deal with Mr. Simkins' application, and you can ask your City Attorney for verification of that. That application is traveling on its own path. Mayor Regalado sponsored this item to remove media tower -- the media tower loophole from Miami 21. We've been told that research shows that 60-stoty LED billboards will be visible up to 25 miles away. This is a citywide issue, and we ask that you vote ` yes. " Thank you very much. Chair Gort: Thank you. Next. Jane Theede: Hello, Mr. Gort. Chair Gort: How are you today? Ms. Theede: Oh, I had not heard about what they're talking about, but there's one thing that distresses me. Chair Gort: State your name and address. I need your name and address. Ms. Theede: Oh, I'm sorry. Dr. Jane Theede, 150 Southwest 7th Street, Miami, Florida, retired veterinarian, 22 years of being free of cancer. I have just gone through an experience of like a noise fatigue. I still do not have a sleep pattern, and I'm very angry. And as I listen to this, I know nothing except for what I've heard. You're going to have a lot of light. I think you're endangering the health of the people that are going to be living in that area. I don't know the lumens; I don't know anything about it, but there is a question: Has there been any research done on this? Because if you make people sick, you got a problem, and it's a big problem, because right now, I'm lucky to sleep three or four hours every 20 to 30 hours, and it's no fun. So I'm thinking about what may happen to these people. Thank you. Chair Gort: Thank you, ma'am. Next. Andrew Mirmelli: Good afternoon, Commissioners. My name is Andrew Mirmelli. I'm an owner of the property at 127 Northeast llth Street; that's the block directly west of Marquee, between 2nd Avenue and Northeast 1st Avenue on llth Street. I'm here to object to this ordinance because I'm very, very concerned of the impact it might have on the Innovation Tower. I thought that was an excellent -- it was like a dream come true for a property owner in our area. It's a incredible investment. It's a particular part of the area where all the bad that happens in Park West exits into Overtown via that corridor right on -- right where the Innovation Tower would be. I've had things happen on my property that people cannot believe. One day, I got a phone call that they found a body on -- directly next to my property. Cars get broken into if we don't have security 24/7. Having something go up in that area would have an incredible impact on the entire City; particularly the very worst area, which is the corridor where people escape, you know, between Overtown and between Park West. Having that type of investment right on that -- on Northeast 10th Street and Northeast -- Northwest 1st Avenue would have an incredible impact on the entire area, both Overtown and Park West. Thank you for your consideration. Chair Gort: Thank you, sir. Mr. Hannon: Chair, I have no additional speakers signed up for item PZ 21. Chair Gort: Anyone else? Seeing none, hearing none, we close the public hearings. Commissioner Sarnoff. Move PZ 21, Mr. Chair. Commissioner Carollo: Second. City of Miami Page 144 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: There's a motion by Commissioner Sarnoff to move this; second by Commissioner Carollo. Any discussion? Vice Chair Hardemon: Thank you, Mr. Chairman. I still believe that passing this ordinance will cause harm to the Southeast Overtown/Park West Innovation Tower. What's interesting about this ordinance, though, is that it doesn't eliminate media towers from the City of Miami; it doesn't do that. But what it does do is take away the one Innovation Tower that had benefits to me, that's what I see; that had benefits directly tied to the Overtown community, unlike any other media tower, or digital sign or anything throughout the City; unlike what you see on the Children's Museum; unlike what you see on James L. Knight Center; unlike what you see on the -- what is it? -- Guzman Theater. None of those things bring about a benefit like this brings to that area. The bottom line is that this Innovation Tower will bring financial resources to that area for the life of that tower. The CRA life ends in 2030, 2031. And for however long this tower will be there, this could substitute the investment that that CRA would have been making; not using anyone's tax dollars, for those of you who don't appreciate what CRAs do for a struggling community. So for me, it's just one of those things where it's been on the books so long, but hasn't come to fruition, but that one time that you get a Board of Commissioners who are moving things forward in a community that has been staggering for such a long time. That one time that you have it, we make sure we put the road block right there in the middle of it. I love when people say that this is unlike any other thing that you have in South Florida because that's what it was when they created it; that was particularly what was said through the minutes, and I think we read the minutes of the last Commission hearing. It was supposed to be something that was different from anything else that people want to travel to see, and I can't think of any other place to have it but Overtown. People are disgusted at visual pollution from billboards, but they're not disgusted with dead bodies laying in the street. You're disgusted with homelessness in your communities, but you're not disgusted by the children in my area who watch those homeless men murdered -- I'm sorry -- who watch those homeless men be killed at the hands of others. We're disgusted by Miami -Dade County not fulfilling its promise of stopping the no kill -- or stopping the killing of pets in this community, but we allow that community to suffer with so much violence, and destruction, and slum, and blight. And we talk about things that just -- that -- we talk around that community, but we don't talk to it. And so, you know, I guess that's why that I focus on poverty reduction because of all the implications that you have from poverty reduction, because of all the communities that are affected. And when Father Barry says there's no visual pollution like Overtown, my God, isn't he right? Bet you won't stop your bike in Overtown. I bet you won't go to the corner store and buy a bag of chips. Bet you won't get gas on 14th Street -- well, you might now; the BID (Business Improvement District) is doing a pretty good job -- 20th Street, rather. You almost need a pass to be in Overtown. You almost need a pass because for some people, they want to keep it no man's land I don't see Overtown that way. On Saturday, we'll have thousands of people pour the streets of Overtown on 3rd Avenue for the Overtown Music & Arts Festival. We're trying to convince people that it's safe to be there; you're going to have music, art, dance, food, business development, fun for the kids, no violence, no incidents, and it's free; that's what we're trying to convince them. And they are safe in that spot. That concert ends at 7 o'clock because two avenues east of it is where the fun stops. And what's interesting is that, in many ways, it's not the people of Overtown who come to that community to buy the drugs. I live just near Overtown, and I've watched them spill into my community, buying drugs, because I guess they feel that it's safer to do it there; just north of Spring Garden, Highland Park, Health District. And so, to me, this is a slap in the face of the Overtown community because it's short-sighted; it's short-sighted, and it doesn't even have a holistic solution on the issue that you're talking about. If you came to me and you said, "You know what? This is about getting rid of all media towers. There should never be another media tower in the City of Miami, " you would have -- that would be -- that's one argument, but that's not this argument. And the reason that you have supporters who speak of visual pollution is because it's at least a step for them in the right direction. I want to say a word, but I can't say it, but at least Overtown won't have one, and if the City of Miami gets one, the City gets the benefit. So, to me, it's -- no matter what my City Attorney tells me on this one, I don't believe you because my City of Miami Page 145 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 mother gave me something called a gut, and I always tried to keep it healthy, and a healthy gut in this situation tells me that in some way, somehow, Overtown won't get this magnet for tourism in their area; they won't get that space where people come from all over the country to see something that they don't have any other place. I was just in Time Square -- and this is not like Time Square, but I was just there. And I always wondered -- I said, "Is there anything on the screen where those people sit, or do they just sit there and just look at the buildings ? " They just sit there and look at the buildings. I walked by them, but we also pay more to have the Time Square view. I had blinds, too; I didn't close them. So this is one of those things where, you know, I wish I could convince one of my Commissioners that you should vote with Overtown because the Overtown people want it; they wanted it when Teele was here; they wanted it when it was first brought up; they wanted it when we ratified or had different ordinances put into existence to support media, and signage, and things of that nature; and I think, today, they still want it because not one person from Overtown said, "Keep it dark." We already got I-95. They promised us that they're going to raise it with the signature bridge; Commissioner Sarnoff is diligent with that. I trust his work, but why wait on that bridge? Why wait on FDOT (Florida Department of Transportation)? FDOT is not going to give us any new benefit to Overtown. They're not giving us a fund to help keep that Overtown -- keep that community vibrant, as it will be in the future, so -- and those are all the reasons that I don't support it. And I just wish that one of you would take just one of those reasons to vote with me. Chair Gort: Thank you. Any further discussion? I closed the public hearing, but, yes, we'll hear you. Javier Ortiz: I'm just asking for the opportunity; I'm sorry. Mr. Chairman, my name is Javier Ortiz, president of Fraternal Order of Police. Mr. Hardemon, there was a statement that you made regarding a homeless man that was murdered. Can you expound on what you're talking about? Vice Chair Hardemon: I will say a few things. You may want to ask me, "which one?" because there's been several. Mr. Ortiz: That's what I'm asking you. Vice Chair Hardemon: The next thing I said was "homicide," to clarify. You heard that; I'm sure you did. Mr. Ortiz: I did Vice Chair Hardemon: Because we do understand that a homicide is a killing of another individual by another individual, it's a human thing; it's not one that legal or not, so don't be such a sensitive person and run to the mike to ask to clarify, to defend something that didn't affect you. Mr. Ortiz: It does affect me. Vice Chair Hardemon: It does not affect you. Mr. Ortiz: It affects me in that -- Vice Chair Hardemon: It does not affect you. Chair Gort: Excuse me, excuse me. I'm not going to have argument back and forth. Mr. Ortiz: We're not arguing, sir. City of Miami Page 146 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Chair Gort: Yes. Mr. Ortiz: We're not arguing. Chair Gort: Excuse me. Vice Chair Hardemon: If I -- Mr. Ortiz: (UNINTELLIGIBLE) murder. Vice Chair Hardemon: -- had something to say to the Fraternal Order of Police, I would say it. Mr. Ortiz: Well, you're saying it to the public. Vice Chair Hardemon: If I had something to say to you, I would say it. There are people dying all over this country at the hands of other people, and it is not happening in any other country like ours, and I have a right to say that. Mr. Ortiz: And I have a right, too, sir. Vice Chair Hardemon: I was not speaking to you or referring to anything that you or your membership has done. My community will take care of that, and when it comes time to address that, I'm sure we will. Thank you for your time, sir. Mr. Ortiz: Thank you. Chair Gort: Any further discussion? Roll call. Mr. Hannon: Chair, 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 21. Vice Chair Hardemon? Vice Chair Hardemon: Emphatically against. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on second reading, 3-1. Chair Gort: Thank you. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS City of Miami Page 147 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 D3.1 15-00912 D3.2 15-00913 CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM CITY BEAUTIFICATION. 15-00912 E-Mail - Discussion Item.pdf NO ACTION TAKEN DISCUSSION ITEM ALLOWING RESIDENTS TO PAY THE CITY WITH CREDIT CARDS. 15-00913 E-Mail - Discussion Item.pdf NO ACTION TAKEN END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 City of Miami Page 148 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 NA.1 15-00942 Office of the Mayor NON AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING THE JULY 22, 2015 LETTER FROM MIAMI BECKHAM UNITED LLC ("BECKHAM") RELATIVE TO A SOCCER STADIUM IN A SITE ADJACENT TO MARLINS PARK; DIRECTING THE CITY MANAGER TO COMMENCE NEGOTIATIONS WITH BECKHAM AND OTHER NECESSARY PARTIES FOR DEVELOPMENT OF A NEW MAJOR LEAGUE SOCCER STADIUM FACILITY AT SITE ADJACENT TO MARLINS PARK IN THE CITY OF MIAMI, FLORIDA; AS STATED HEREIN; FURTHER DIRECTING THE CITY MANAGER TO EXECUTE SUCH OTHER NON -BINDING LETTERS AND DOCUMENTS AS MAY BE REQUIRED TO EFFECTUATE THIS RESOLUTION ON BEHALF OF THE CITY OF MIAMI. Motion by Commissioner Sarnoff, seconded by Chair Gort, 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-15-0318 Mayor Tomas Regalado: Mr. Chairman -- Chair Gort: Yes. Mayor Regalado: -- can I be recognized for an item? Thank you very much, Mr. Chairman, Mr. Vice Chairman, Commissioners. I'm here to present to you a pocket item, a pocket item about an issue that has been a discussion by this Commission several times, and it has been lately in the media, especially recently. Last Friday we had a conversation that we did not know what was all about. In the past two month or three month, Mr. Marcelo Claure, who is the CEO (Chief Executive Officer) of Sprint, has been meeting with City official about an initiative, that it will bring to the City of Miami a lot of jobs, 17 new stores within the City of Miami of Sprint, a new design of transponders in different places of the City, plus cars that will be doing home service and office service. We have been talking to Marcelo Claure about that for several month. We have also talked to him on a marginal base [sic] about the soccer stadium. Mr. Claure is part of the group formed by David Beckham, by Simon Fuller, and himself that are the principals of Beckham -- Miami Beckham United LLC (Limited Liability Company). In the past, we have been talking to them and to different people, but I think that we have not had any assurances from them, at all, that they really wanted to play in Miami, and they really wanted to play in the Orange Bowl; although, I remember that when the City of Miami decided that the slip was not a good idea for the soccer stadium a long time ago, we recommended the Orange Bowl site, and they said that they will get back to us; they never did We know that they had conversations with UM (University of Miami). I actually attended one conversation when Donna Shalala was the president of UM. And I'm giving you all this background information or historical information to tell you what happened So on Thursday morning, we got a request by one of the main advisors of Mr. Claure on the soccer that he wanted to have a conversation, but he wasn't here, and that it was -- if it was possible to have some kind of time frame during Friday to talk about issues, Sprint and soccer, so we didn't know what the topic was. So we had this conversation early on. Miami Beckham United had notified the media that they were having a meeting at City Hall, and we did had [sic] some media presence. We did not call for a press conference. The City of Miami Page 149 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 media was here because they learned about the meeting. And in that meeting, which the Manager and I were present, Mr. Claure said for the first time that, officially, Miami Beckham United wanted to play in the City of Miami; that Miami Beckham United had decided that the Orange Bowl was the only site that they wanted to look to build a stadium; that Miami Beckham United was in the position of building a stadium with private funds; that they have had some drawings; and that they think -- they believe that they can accommodate the stadium without having to change 17th Avenue, because it has been some conversation about that in the past; that they [sic] were some properties that could be part of the footprint; those properties include two commercial properties that are part of what they think are the footprint; and the possibility of a small apartment building also in the footprint of that preliminary sketch. They said at the time -- he said at the time that Miami Beckham United will send a letter to the City of Miami with the official ask for the City to acknowledge the letter and to ask that the City, especially the City Commission, will allow the Administration, and specifically the City Manager, to start conversations with them about the details. In that meeting on Friday, we did not discuss any details, other than -- because it was important to understand this -- that in the case that some property have to be bought that Miami Beckham United will pay for the property. And the Manager, and I, and Mr. Claure were very clear on that issue. The other issue is that they were very clear in saying that they would not be seeking public funds to build the stadium. They also said that they want to continue the conversations with UM. The problem that they had with UM is that they were running against the clock. They had an ultimatum -- sort of an ultimatum from MLS (Major League Soccer) that they have to exercise their option to buy the team, and they have to do it quick. But to do it, they just need some kind of recognition that they're talking to an entity that does want to talk to them about the possibility of building a stadium. Specifically, next Tuesday, at night, at 7 p.m., in New York City, the MLS Board will meet to discuss the Beckham United, LLC option to exercise the buy of the team. I would just repeat what Mr. Marcelo Claure said, that, number one, for Mr. Beckham, this is very important, because he will be the first soccer player in the history to own and operate a soccer -- a professional soccer team. For Mr. Claure, he said that it was important. He's the owner of the most popular team of soccer in Bolivia. He owns a stadium in Bolivia. And although he is the CEO of one of the 500 Fortune companies, his business and passion is soccer. For Mr. Fuller, it is important because he will be integral part of producing these games like he does with American Idols. Having said that, they have asked us to come to you and ask you to acknowledge the letter. The letter -- the hard copy of the letter was delivered yesterday around noon, and the hard copy -- the cc (carbon copy) and the hard copy was to Mayor Carlos Gimenez; Mr. Danny Alfonso, City Manager; Commissioner Frank Carollo, who is the Commissioner from the district; Commissioner Bruno Barreiro, who is the County Commissioner from the district; and Commissioner Don Garber, the MLS Commissioner. This is the hard copy. The electronic copy was sent to you, all of you immediately after we received that copy. Also, by the way, Miami Beckham United LLC released the letter to the media immediately, I guess, around the time that it was being delivered to City Hall, and to Commissioner Carollo's office, and my office here at City Hall. This resolution that we're seeking from the City Commission -- and I apologize -- and thank you, Mr. Deputy City Attorney -- it's important for them. It's important for them because they have the meeting in -- on Tuesday in Nueva York -- in New York. It is important to us because we are the lead agency at this moment dealing with this issue. The City ofMiami, as you know, own this land The City Commission has been in record -- under the leadership of Commissioner Frank Carollo, you approved a resolution asking soccer to come to the City of Miami, and, of course, the preferred site, the Orange Bowl, which, by the way, on the global agreement, we asked a Commissioner approve -- well, I did not, but they did -- the global agreement that had a soccer stadium within the footprint of the Orange Bowl. This resolution, the only thing it does is that acknowledge the letter, and the only thing it does is that it's asking you to direct the City Manager to start negotiation or conversation with Beckham and other necessary parties for development of a new major league soccer stadium facility at the site adjacent to the Marlins Park in the City of Miami; directing the City Manager to execute such non -binding letters and documents that may be required to make this resolution effective on behalf of the City of Miami. I'd like to add that there have been a lot of media reports about residents, and about properties, and about City ofMiami Page 150 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 displacement, and I understand the media. I am -- I would have done the same as a media person, because this is the human side of this story, so I completely understand. I really don't know -- I guess we don't know exactly where the footprint is going to go. I do know that there are no residentials [sic] homes involved in any of these conversation. I do know that there might be, but I know for certain that there are commercial properties, and one of the things that the City did -- and the Manager, I think, that met yesterday with his staff to, number one, find out about this whole area; and number two, to look at the presumed area and understand the residents. For what I know, all the residents in the area -- on this area that is presumed to be in the footprint are renters, not property owner, and we need to take care of these residents. And I know that Commissioner Carollo has been very involved in that because he's a hands-on elected official, and I know that he has been there. We were there, and the City accommodated the residents under his leadership when the Marlins Stadium was built, and they didn't have a place to park, and -- because -- and I want to thank Commissioner Carollo for that, because he had the leadership to accommodate the parking for the residents around the Marlin [sic] Stadium. The other thing that I wanted to add to this resolution is that the reason that I 'm bringing it to you is because of the August recess. And I would like to add, if possible, that the Manager, if there are conversations during August -- we don't know yet, but they might wanted to do some preliminary conversations with the Administration -- that individual Commissioners will be brief during the recess of August, and the Mayor; and that by September, if there is anything to report, to bring to the full board a report on the sunshine, a report on the talks, and the steps that has been talked. So I just want to make clear that the conversation should not be about the City displacing people, because we don't know. It shouldn't be about who's going to own the stadium, and what is going to happen, because we don't know. It shouldn't be that UM is out, because I can tell you, unequivocally, that they're not. So it's too many moving pieces. And if I may, I would ask the Manager to -- because I know that you met with your staff yesterday about, specially, the area residents. Daniel J. Alfonso (City Manager): Mr. Mayor, thank you for the opportunity. As you said, there's going to be a lot of moving pieces. We really don't know where this is going to end up as of yet. We have met with our staff in terms of the footprint of -- the possible footprint. I think it goes back a long time; there has been speculation as to being right directly west of where the Marlins Stadium sits at right now. There is a small group of residential apartment complexes there between 4th and 5th Street, adjacent to 17th Avenue. If that property is required for the footprint, we will negotiate with the property owner, and to the extent that we can assist the folks that maybe have to move, we will do that. Mayor Regalado: And I want to just before -- and I'm really sorry, because I -- you have a long agenda. But I want to just put on the record something that may not be important, but I think it's important. There's so many moving pieces, and one of the moving pieces is what agencies will be taking care of the security of the stadium. As a City Commissioner, I sat where you are. When the global agreement was discussed, I tried to pass a resolution -- and Commissioner Sarnoff remembers those days -- that our local police and fire will be the ones in the area with the safety, and traffic control, and inside traffic. I did not succeed The only response that I had -- and I can remember that phrase vividly -- is from then -City Manager Pete Hernandez that said to me, Commissioner, don't worry; the police and fire will be able to go into the stadium to use the restrooms. 'And that was it. I did not had any more success. So I just wanted to tell you, as one of those things, that that's one of the things that the City Manager eventually will have to discuss, because we don't know. But I will tell you something: I had conversation with Miami -Dade County firefighters, and they have issues with them being at the Marlin [sic] site; and the police, I'm sure, that has issues, because when someone is arrested inside the Marlin [sic] Stadium, it's arrested by Miami -Dade County police. They have to bring it to the sidewalk, then City of Miami police takes over the person and transport the person. I think that that's the protocol that they have now. So I'm just telling you that there's so many moving pieces. The only thing that I think is the right thing to do -- and again, I apologize, because there's no Commission meeting during August, and I apologize for this pocket item, which has no economic City of Miami Page 151 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 impact at all -- is that to acknowledge the letter and to direct the City Manager to start this conversation, and I would add to the resolution that, number one, the members of the City Commission, would -- specially the area Commissioner -- should be briefed as the conversations move on. I do not know -- I don't think the Manager knows when there is a meeting. We have not been even asked to meet with them. I know that Mr. Claure is not here, and his aide is here. I don't know that any other principals are here. So this is, Commissioners, what I'm asking. If -- I think it would help -- I don't know -- if we can also add that the City of Miami aspire that UM gets involved in this conversation, because they do said that they're still talking to UM. It will be fantastic to have the Canes come back to their home. Thank you. Chair Gort: Thank you, sir. Okay, the -- Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I'd like to begin by saying that more than a year ago was the last time that this Commission spoke about the Beckham Group and the stadium. It was actually a conversation that 1 brought as a non -agenda item to discuss the process of the Beckham Stadium. At that time, I mentioned how I wanted the process to be transparent, and how disappointed I was in the way it's taking place, and this Commission was not being informed. At the same time, I wanted to make it clear, so much so that I asked my colleagues to back me in a resolution stating that MLS, Major League Soccer, should come and belongs in the City of Miami, a world -class city. And at the same time, I went as far as saying that 1 believe that David Beckham and Miami Beckham Group should be the one that brings major league soccer to the City of Miami. I still believe that. As a matter of fact, I've been called a "soccer dad. " As most of you know, I have a four -year -old little girl that started playing soccer when she was three. That was her first team sport. She won her first gold medal playing soccer. She won her first trophy playing soccer. So, yes, I've heard -- I know you've heard the term many times koccer mom. "Well, I'm a "soccer dad" Many times I ran over to see her play soccer in a suit, and then ran over to another meeting and so forth, but I was there for her games. So, yes, you could say that we are fans, and we definitely believe that major league soccer belongs in the City of Miami. Unfortunately, just like we had the conversation June 14 of 2014 -- actually, June 12 of 2014 -- we're having this conversation now, and once again, I bring the issue of the process. Unfortunately, I have to say, I find it irresponsible and disrespectful to the residents the way this information came out. And why do I say that? Because in the meantime -- and yes, I would agree; there's many, many, many moving parts, but part of that moving part -- and I think extremely important -- are the residents of Little Havana and of the City of Miami, and they have been totally ignored. And obviously, yes, I'm quite upset about it, especially when I read that this Administration is sensitive to their needs. Sensitive to their needs? Think about it: They just heard and some even saw their houses in all the news channels, on the radio stations that that's where they're going to build the stadium, and possibly, they're going to be displaced. I'm glad you met with the Administration and your team yesterday, because no one met with the residents. And in the meantime, I can tell you that they were concerned, they were scared. I love the quote, it's not like we're going to kick these people out to the curb. "Well, guess what? Go out and speak to them; actually, not now, because I've already spoken to most of them. You should have spoken to them on Sunday when I was there, on Monday when I was there, on Tuesday when I was there. Guess what? They didn't know that they were going to get kicked out into the curb. They actually were very afraid that they would. It's not like the City has the best -- unfortunately, I hate to say it -- reputation. Look at the mangroves. The mangroves got butchered. They're out there on the curb somewhere, if not in the trash, which, by the way, no matter how loud I spoke about it in the last Commission meeting, we still haven't had a report; we still don't know what happened All I know is that I read in the newspaper that what with this Administration told me, which was that it was a consultant who did the butchering, and they're going to take full responsibility. In the next paragraph, it City of Miami Page 152 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 stipulates that "we really don't know which of the consultants did the cutting, " so I don't know how they could take responsibility. But anyways, that's besides the point. The bottom line is, it's not like we have a very good histoty, or this Administration has a very good histoty. So at the very least, at the very least, I think we need to take into consideration -- and they need to be part of the consensus -- all those residents. By the way, it's not just renters. Manuel Linares and his wife is not a renter. They've lived in that house for 30-some years, an older gentleman, in his 80s, so think about it. He's expecting his last years to be in that house, and he reads, or sees in the news, and learns about it in the news that he's going to be displaced; 80-some years old, with his wife that is sick. How do you think he feels? While the Administration is meeting and, yes, there's a lot of moving parts, what about his moving parts? What about the duplex next to them, the two sisters, Violeta, Adelfa; what about them? They're not renters. There might be a little twist with that one in the -- that we'll learn about in the future, but -- and what about the business next to them? It's a family business. It's a business with 7, 8, 9, 10 employees that heard in the news they may not have a job. I'll go a step further. It happens to be a daycare. What happens to all those families in that area that walk their children to that daycare? No one's thought of these people. It's been like a freight train moving, you know, all the hoopla, you know, which -- again, having a stadium here, hey, I'm the first one. I brought it to this Commission. I want to have it. But the bottom line is, you have to, you have to, you must take these people into consideration; you must. Mr. Mayor, I'll be honest with you. I'm not even sure who represents the Miami Beckham Group. I mean, I could look up the lobbyist register. I had spoken to them a month ago or so to make sure where we were, but it was, I think quite clear to everyone in that June 12 meeting that City of Miami wants the David Beckham Group to bring a stadium here. I haven't read this resolution yet. I will need time to read it to see exactly what it stipulates. Chair Gort: Okay. Commissioner Carollo: 171 be honest with you. I'll be honest with you. We don't even have a week. We -- it's not even a week where they're saying, Hey, listen, we need an answer. We need to take some major league soccer. "You know, I think that's extremely unfair, extremely unfair where there's all these unknowns, even stating that we don't even know if that area is part of the blueprint or not. Well, I read it, like most people, in the Miami Herald, and it had a nice little map there that clearly showed those houses. At the very least, if that's not the area, we need to know. I don't even know who to pose that question to. I'm not sure who from the -- from Miami Beckham Group United to pose that question to. I'm not even sure we know. You know we have now -- by the way, the letter that was sent to us clearly stipulates a soccer -specific stadium, a soccer -specific stadium. I don't think they're contemplating the University of Miami, so I think UM still wants to negotiate. I don't know where we are with all that, but in the meantime -- and those are all the moving parts; not to mention, I don't expect anyone here to think that we're going to give the land for free. I mean -- so I don't think -- you know. Mr. Chairman, you'd like to say something? Chair Gort: Well, no. Go ahead; you finish. Commissioner Carollo: Thank you. Chair Gort: We'll let you finish. Commissioner Carollo: So, in the meantime, with all those moving parts, you have residents, the people that we're supposed to represent, that are extremely concerned, have heard nothing from the City, has heard nothing from the Miami Beckham Group, and I don't think that's correct. So that's why I call it irresponsible and disrespectable to those residents. I represent those residents. We all represent those residents. Mayor Regalado: I do, Commissioner. City of Miami Page 153 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Commissioner Carollo: And we cannot forget -- Mayor Regalado: I was elected by them. Commissioner Carollo: Exactly. So you cannot forget about them. Mayor Regalado: Commissioner, I've been -- it will be 20 years in November of this year that I have served as an elected official. I believe that have been in contact with the residents. I believe that I have served the residents. I believe that I have never betrayed the residents. I went, like you, to Havana Palms when the residents were affected. I have been to some of the areas where the slumlords have apartment that they have not even done anything to have a better quality of life for the resident in that area. I have heard the complaints of the residents because of the fireworks that the Marlins do after the games every time that they play, when there is a game at night and they go extra inning, and they do it at midnight. I'm here just to tell you what happened. I'm here to tell you that I, as a journalist, would have focused my stove on the residents, because as a journalist, that is the most important thing, because it's a human aspect, not the mortar and brick of a stadium. I am telling you that there has been -- this place have been -- that will be affected or not has been driven by some drawings that maybe the media have seen. We don't have it. I have -- I saw it on a computer, and they took it like the Manager did, but this is a concept because like -- I'm saying these are moving parts. I believe that we should be very proactive with the residents. I totally understand You know, the media didn't report on the 13 homes that are being demolished in -- Chair Gort: My district. Mayor Regalado: -- the Chairman district, because MDX (Miami -Dade Expressway Authority) wants to expand their lane. There are 13 homes of people that live there. I met with them. I went there. And they're doing eminent domain in some of them, but they needed to do. But I'm just here to tell you that it's been a long road. The Beckham stadium had been headlines of several places and several sites. Everyone wanted to take a picture with Mr. Beckham. I really believe that am one of the few elected officials that don't have a picture with Beckham. I do. I haven't been able to take a picture with Beckham, but -- and I won't, probably because I will be out of office in 2018 when they complete the stadium. So what I'm asking here is, number one, just to support the fact that your Manager and his staff is going to be talking to -- not the lobbyists -- by the way, I don't know any lobbyist of the Beckham Group. We have not had any conversation. I have not had any conversation with any lobbyist of the Beckham Group. The only conversation that have had is with Grandfather Guzman, which is Marcelo Claure, Marcelo Claure, and with Mr. (UNINTELLIGIBLE) who was, about a year and a half ago, the lead person who's no longer with the team; I don't know why. I met once Mr. Fuller. I met once -- twice with Beckham, Mr. Beckham, but I did not took [sic] a picture. So all that we're asking is that we acknowledge the letter, and the reason is that if we want to do this in good faith, and we want to work with the residents, and work with them, we have to send a message that we are ready to talk about all these issues, and that's why I said that the area Commissioner, and the members of the Commission, and the Mayor should be informed by the City Manager of any conversations, or any timeline for the conversations, and whatever conversations that he has with other agencies. Andl still do -- and you mention, Commissioner, that it's soccer -specific. That's what the letter said I agree with you. But I -- we were told by Mr. Claure that there's still talks going on with UM. That -- I do not know what those talks are all about. So, Commissioners, the only thing that we ask is that they can take this resolution of the Miami City Commission to New York and tell them that now is the real thing; that there is a real possibility; that there are many moving pieces. And I, for one, will tell you that, to me, the residents are a key component. I just don't know how we can go and tell them that their house is going to be demolish or something because we don't know. And I will tell you that I prefer even to have a referendum, even if it's not necessary, if we have to do some kind of deal with the land because I think that the people of Miami own that land, own the Orange Bowl, and they do deserve to City of Miami Page 154 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 opine on that, all of the people of Miami, because this is owned by all of the people of Miami. So, in conclusion, I just ask you to just send this message: Allow the Manager to figure out how many moving pieces there are, beginning with the residents. And I agree with Commissioner Carollo to follow up on UM, and I agree with Commissioner Carollo on that one. But I think it's important that before you adjourn for the recess, at least there is some statement from the City of Miami through this legislative body. Commissioner Sarnoff.: Mr. Chair. Chair Gort: Yes, sir. Wait a minute. You finish? Commissioner Carollo: I'm not finished, but I'll yield to Commissioner Sarnoff. Commissioner Sarnoff.. So we just recently passed a resolution on Project "Z. " Project "Z, " Mr. Mayor, had one picture, and it was `Do you want to make a linear park out of Rickenbacker Causeway?" I thought, "Wow, what a great idea." I have no idea whether Project "Z" means diminishing the capacity of the causeway, increasing the capacity of the causeway, but that's what they call "the devil is into details." It seems to me what you're asking us to do here today is simply say, `Do we want major league soccer in Miami?" Mayor Regalado: Yes, sir. Commissioner Sarnoff.: And I think, resoundingly, I don't know anybody's district that doesn't want major league soccer in Miami, so I think it's incumbent upon us -- any deal begins with "are you interested?" Any deal, whether you're -- even if you get on the Michael Putney Show. "Commissioner, would you be interested in talking about homeless?" "Oh, no, Mr. Putney, I don't want to talk about homeless, " so you're not going to talk about it. So we're being asked, are we interested in having major league soccer, and the answer is ` jyes. " Now, the area Commissioner brings up completely valid points, which is, "What will the impact be to my community and how will that impact be blunted? Well, how will that impact be dealt with? Or how will that impact be resolved?" And the area Commissioner should be an important role and part in that. But, Commissioner Carollo, I also remind you, the Manager wanted us to put some City offices in the Orange -- I called it the "Orange Bowl "; I apologize -- in Marlins Stadium, and you said, "No; I want to reserve that, because I think there's going to be major league soccer coming." And you're right; major league soccer is now interested in coming. And you may have actually been right in saying, `Don't put those offices there, because now the retail opportunities for this community and the redevelopment of this community are there." I don't, in any way, shape, or form ever pretend -- and I've said this many times to you -- to have spent 10 steps in your shoes, and I don't think you've ever spent 10 steps in my shoes, and that is the beauty of this dais. The beauty of this dais is that we all come from different walks of life, and we try to form consensus, and we are a collegial body. I certainly will listen to you and hear every issue you have as to anyone that's being displaced and how they will be equitably dealt with. I think you're dead right. But today and today only, the City of Miami Commission is being asked from pretty well respected people -- and Mr. Mayor, I did take a picture with him, but I never got the picture, so does that count? Mayor Regalado: No, it doesn't. Commissioner Sarnoff.. Okay. Mayor Regalado: Because you cannot have it in your office. Commissioner Sarnoff.. So I -- to Mr. Beckham, I just want to know, what happened to my picture? I thought it was a good picture, but apparently not. We're simply being asked, do we want major league soccer in Miami? We'd be crazy to say no. For every reason in the world City of Miami Page 155 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 from what the Heat does for us, because, you know, I've passed Carollo in the hallway and have said `Do we" -- "going to keep Dwayne or" --? You know, it's just fun. It's fun stuff. It's a bonding moment. Soccer? I'm not a soccer dad. I'm not a soccer fan. I still want soccer in Miami. I don't know anything about soccer, other than it's a hell of a long game, and when you score a goal, it seems like it takes an hour and 45 minutes to do it. But, hey, you know, it's -- Commissioner Carollo: Not in the women's soccer team. Commissioner Sarnoff There you -- Commissioner Carollo: They won the Cup. Commissioner Sarnoff So I think it's pretty -- I think it -- I don't want to say it's easy. I think it's easy, Mr. Mayor, to agree with you, because -- and by the way, of course the Mayor's the person they're going to come to see, because he is the titular head of the City of Miami, and, you know, he's the one that's going to bring it to us, and then this juridic body will turn around and debate it, as you would say, and decide what equitably will be worked out with the residents, and maybe even beyond that, Commissioner. You know, maybe there will be some foundation support in your neighborhood, which is an impacted neighborhood, for soccer camps, soccer academies; maybe there'll even be some financial incentives. I mean, those are the things that you should be working out, and those are the things I think you would get Commission support for. But today and today only, we're simply being asked, "Does Miami, the City of Miami, support major league soccer?" And with a resounding easy answer to that is "of course, we do." Now, do we give the land? Do we rent the land? Do we sell the land? That's the devil into detail, and that's the equitable arrangements that we'll come up with. Maybe, Commissioner, you come to us and you say, "Well, you know what? Why don't we just give them the land because, in return, they're going to do this for my community?" Those are things that this Commission has to weigh, and that -- those components of the deal simply haven't been brought to us, so -- Mayor Regalado: And I will tell you, Commissioner, you and I were here. I think that we spent several hours every single Commission meeting for four or five month on the Marlins Stadium. We had a lot of discussions on the Marlins Stadium. We had a lot of questions to the Administration. We have a lot of -- we had a lot of public input, you know, and I think that this is the same case. At the time, I was always on the losing side, but that's okay. But I think that at least, we had a discussion; and at least, the City Commission was the one that, at the end of the day, decided everything, and majority rule. And we always had three votes; you and I were "no," but three votes got it passed, and -- but we were able to inject many things into the conversation, and it was a long conversation. I just -- I believe that these conversations are going to go on for several month before the City Commission every time that there is issue, and I believe that whatever the Administration brings here will be discussed and change and modify, and I believe that there will be many visits to the Commissioners to brief them individually by the principal. Who are we talking to? To us, there is one person here in Miami (UNINTELLIGIBLE) and Marcello Claure. These are the -- the only people that we have talked about the stadium are these two gentlemen, and I'm sure that they will be back to talk to them. They will bring their team or their people and discuss technical things and important things, but the important thing will be decided by the City Commission. The only thing that they have asked is to start a conversation, but they need it in writing to go to New York on Tuesday. Commissioner Carollo: Mr. Chairman. Chair Gort: Thank you. Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. I appreciate the comments of my colleagues. I agree with a lot of it; some of it, I disagree. I'm not exactly sure that when I mentioned that, no, there shouldn't be any City offices in the parking garage, I specifically mentioned that the stadium was coming, but there was always that possibility. As a matter of fact, it's nothing new, City of Miami Page 156 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Commissioner. You and I, and all Commissioners that were here, all five of us spoke about it in that June 12, 2014 meeting. As a matter of fact, it was you who brought it up, and I could even quote -- I'll give you two quotes: Commissioner Carollo, I think they're going to take a very hard look at something in your district. And I absolutely think you should be the person who should be well versed on whatever it is that they might propose. "And I'll give you another quote. And this is from the June 12, 2014 meeting. Commissioner Sarnoff. I sounded go, didn't I? Commissioner Carollo: Well -- second quote Commissioner Sarnoff. Oh, oh, maybe not so good. Commissioner Carollo: No, pretty much the same thing. "But I expect to" -- `1 expect that there'll be a strategy that will play out on the District 3 Commissioner, and the District 3 Commissioner is going to have to play a significant role. "So those were two of your quotes. So, listen, it's not like we haven't contemplated this possibility in the past, so it is a possibility, but again, the process. Because if you're asking me -- like what you said, all we're doing here is saying that, "Yes, the City of Miami believes that major league soccer should come here." We have that resolution again. And if you -- and if that's all we're doing, I'll make that motion now again. However, I have not read this. I have a feeling this two -pager says a little bit more than just that, and I have a feeling that these -- this two pager doesn't mention the residents that may be displaced So at the very least, I would like a little time to read this. And, yes, I understand, Mr. Mayor, they've had more than a year to contemplate what they're going to do. I would want a little bit more time, at least till the afternoon, so I could read this. But the bottom line is, if what you're saying is that the only thing this stipulates is that the City of Miami wants major league soccer to come here, we've already done that, and I'll make that motion now. I just think this says a little bit more than that. Commissioner Sarnoff. But it really doesn't. Commissioner Carollo: Well, I haven't had a chance to read it. Commissioner Sarnoff. So here's what it says -- and you know, ordinarily, I'd say, let's table this, but, you know, at 7 o'clock tonight, I'm leaving this dais, wherever we are in this agenda. So -- Commissioner Carollo: Fair enough. Commissioner Sarnoff. -- "Whereas, soccer's one of the most loved sports in the world" -- oh, well, that's controversial -- "and has more than 265 million participants" -- I don't know that to be true, butt couldn't dispute it either -- "including more than 24 million participants in the United States alone; whereas, due to the continuing growth in popularity, major league has announced a strong interest in expanding its league with a strong desire to have a viable presence in the Southeast United States, and specifically consider Miami status as a gateway to the Americas." We've said that how many times up here? "Beckham exercised his option in 2014, has subsequently formed the Beckham Group. This site" -- this is what you might not like or like -- "to be the home of the Beckham Major League franchise and a world -class soccer stadium that would enhance the popularity of the game and serve as a first-class facility for soccer games; and whereas, a large portion of the site is owned by the City of Miami, is close to mass transit, and is adjacent to four municipal parking garages. " And all it says is, "We hereby acknowledge the expression of interest from Beckham from his July 26 and second letter," which I think was yesterday, 'for building a soccer stadium specific at a site adjacent to Marlins Park; and we authorize and direct the City Manager" -- who we would to begin with -- "and his designee to gather relevant information to commence negotiations with Beckham and other City of Miami Page 157 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 necessary parties for the development of a new soccer site at the" -- "soccer stadium at the site. The City Manager shall report back to us in September 2015." And you know what I'll do? I'll amend that, and I'll put -- Commissioner Carollo: No. Commissioner Sarnoff.: -- "should consult with the District 3 Commissioner for any and all relevant issues therein." So I will move this with that amendment. Mayor Regalado: And Commissioner -- Chair Gort: It's been moved. Mayor Regalado: And -- okay. Chair Gort: Is there a second? Chair Gort: Second for discussion. Let me tell you, (UNINTELLIGIBLE) -- Commissioner Carollo: Mr. Chairman. Hold on, Mr. Chairman. Mr. Chairman, I'm sorry; I have the floor now. I'm sorry. Chair Gort: You have the what? Commissioner Carollo: And -- I have the -- Chair Gort: You have the floor, yeah. Commissioner Carollo: I have the floor now. Chair Gort: Can I be recognized? As chairperson, I allow people to speak. Commissioner Carollo: And you'll have all the opportunities you want to speak. Chair Gort: Oh, okay. Commissioner Carollo: You'll have all the opportunities you want to speak. However, I -- this is extremely important to allow residents that have not had a voice, and the only person that have actually spoken on their behalf has been myself. Chair Gort: Okay. Commissioner Carollo: With all due respect to the Mayor -- and I know you've been involved in many different districts and many different areas. I sympathize with Commissioner Gort and the issues -- Mayor Regalado: I don't know if you heard it, because I have been speaking in the media about the importance of the resident. Probably, you haven't heard me, but I have. Commissioner Carollo: I have mentioned the eminent domain, and I think they're very concerned about that, Mr. Mayor. So I want you to go on record to say that we're not going to do eminent domain. I don't think -- I don't know if you would do that or not. But the bottom line is, I think it should be in a process that it's negotiated with them. I think they need to be able to speak. And the bottom line is, what I'm concerned about is that they haven't had a voice, you know. In the meantime, with all these moving parts -- unfortunately, with all these moving parts, City of Miami Page 158 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 the one part that hasn't been considered has been them. They've been very concerned. As a matter of fact, I'll go a step further. They've called offices in the City. And the offices in the City have told them, Oh, no. That problem, you need to speak to Commissioner Carollo about it. He'll fix that problem, j;ou know? So, if that's the case, then all I'm asking is for some leeway, because the bottom line is, the bottom line is, they need a voice, they need a voice. And again, you know, the irony of all of this, that more than a year ago, this is the Commission [sic] that brought the issue to this Commission. This is the Commission -- this is the Commissioner that made the request that Commissioner Sarnoff just said we're going to vote on more than a year ago. They've had more than a year to contemplate. And now, in all fairness, Commissioner Sarnoff -- and yes, I appreciate that amendment, because I was going to make something similar, you know, and I think that's a good amendment. I would like to mention something about the residents, too, you know? Unfortunately, I just received this -- I don't know when you all received it -- a few minutes ago. And either I'm sitting here reading it, or I'm listening to the Mayor, or listening to my colleagues. And I have not had a chance to discuss it with the City Attorney to, at the very least, see if there's some language that I could include there. So, listen, from one part, they've had more than a year. I'm asking for some time. It will not be -- it will not take till 7 p.m., Commissioner Sarnoff. I can assure you, it will not take till 7 p.m. But I think I deserve at least the right to be able to speak to my City Attorney and see if we could pass something, because the truth of the matter is, yes, I want to pass something. I said it: I'm a supporter of soccer. But we cannot, we cannot, and I will not forget about the residents because I represent them. So with that said, I'm going to table this item till after lunch, and we'll speak about it then. As a matter of fact, I'll go a step further. I'll go a step further, Commissioner Sarnoff. Here, it stipulates how this is only going to be a soccer -only stadium. Mr. Mayor, has UM expressed some type of will to continue their conversations and want to somehow be part of this deal? Mayor Regalado: Commissioner -- Commissioner Carollo: This resolution limits them. Mayor Regalado: No, no. Commissioner, no; that resolution refers to the letter. Commissioner, I guess that we will learn -- you and I will learn that today. Commissioner Carollo: Can we work on this resolution after that meeting so we know exactly where we are in case we have to amend it? And that's why I'm ask -- Listen, I want to work with you, I want to work with the Administration, but I need the Administration and you all to work with me, too, because let me tell you something. It wasn't a very pretty Sunday, or Monday, or Tuesday when I was there in the district. You have people that were very, very concerned, elderly. They're not just renters. So, again, I think -- and again, you know what? This may not be a bad idea to pass a resolution, but at the same time, let's have the facts. Let's be able to do it in a professional manner, Mr. Mayor, after you speak with UM-- after we speak with UM. Mayor Regalado: I think that your professional wrote the resolution; I didn't. It was the City Attorney's Office, and what she did was to express to do a resolution that will be nonbinding for the City, but at the same time, it will be a message from the City Commission that we acknowledge the letter, that we got the letter, that the Manager have the authority. I don't know if the Charter allows for you to be the lead negotiator. I don't -- Commissioner Carollo: I have not asked to be the lead negotiator. I have not asked to be the lead negotiator. Mayor Regalado: And this is why -- not me, not -- neither you and [sic] I, but this is why you need to be informed as the area Commissioner, as you were during the Marlins progress of the stadium. You did not vote for the stadium, but you were right there almost every day during the construction, and the retail, and all that. And the Administration -- because I remember; I was City of Miami Page 159 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 here -- had a lot of flexibility with your input. And I assure you that you will be part of the conversation all along. As a matter of fact, today, this afternoon we will know something that I don't know; you don't know. So I just think that we cannot send a message that we're hesitant about the stadium. I would ask you, if it's possible, to pass it now; and then in the afternoon, if you feel that it's necessary after you hear that conversation, which may or may not be important, we can amend it. That's what I'm asking. Commissioner Carollo: You've -- hold on one second, Mr. Mayor. Commissioner Sarnoff, you've mentioned in the past that you do not negotiate from the dais; that it's not good to negotiate from the dais, correct? Commissioner Sarnoff. Yeah, but I think you're taking it -- I think you're -- Commissioner Carollo: Well -- Commissioner Sarnoff. -- spinning something that's completely inappropriate. Commissioner Carollo: Well, here's the thing: I don't know if it's inappropriate or not. The Mayor just mentioned with regards to me being able to negotiate or not, and you're actually the one who brought it up, and you've brought it up in June of -- June 12, 2014. So I need time to discuss it with the City Attorney to see what type of language we could include in there that would be something that is doable, that is legal, but at the same time, make sure, just like you proposed, that I am participating in these negotiations. Madam City Attorney -- and by the way, Madam City Attorney, first question: When were you able to complete this resolution? Victoria Mendez (City Attorney): This morning. Commissioner Carollo: Okay. And with regards to -- what type of language could we put in here? Could it be something that stipulates what the area Commissioner will consistently -- or Commissioner Carollo will consistently be consulted with before, during and after negotiations? Ms. Mendez: The -- I believe that an amendment was already made from the Mayor to brief regularly, and we can make it tighter, which is brief the Commissioners, especially the district Commissioner, regularly, before, after, during; we can make that amendment. I think it's in line with what the Mayor suggested Mayor Regalado: And even said the recess of August, you know, because there might be some conversation and they need to be briefed; he needs to be briefed. Actually, and he needs to be participate. I am totally in favor of that. I have no issue with it. Ms. Mendez: And then there was another amendment that you said about -- Commissioner Carollo: Because the resolution says, "They will report back to the City Commission in September 2015." Ms. Mendez: Right, so we can amend that based on both requests and we can give you the language, the amended language. Commissioner Carollo: So we will have to wait for the amended language, correct? Ms. Mendez: You -- Commissioner Carollo: How -- and -- Mayor Regalado: You can amend it on the floor. City of Miami Page 160 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Ms. Mendez: Right, we can -- Commissioner Carollo: Understood But I want to make sure that she's comfortable with the language, that I'm comfortable with the language, and that this Commission is comfortable with the language, Mr. Mayor. And listen, I'm not trying to be difficult. I just want to make sure that what happened a few days ago doesn't happen again. It's as simple as that. Mayor Regalado: Well, Commissioner, what happened a few days ago is media -driven. We did not say that we're going to take residents out of their home. I think that it was legitimate report of the media when they saw the rendering and they ran and find out. Even before you went, they -- you know, the first day, on Friday, they did the story, because these are the properties that will be affected, which it make completely sense in terms of media wise. But why the resolution is done today? Because we got the letter yesterday. Until and unless we got this official letter, we cannot go out on the limb and come to the City Commission and ask you to do a resolution, because we haven't had the letter. And the reason that we're coming today is because we have a recess that -- the Commission will be out. You, yourself have said that you'll be out -- you will not be available in certain days of the month ofAugust; that's my understanding. So that's why I brought it to the Commission, because this is the last Commission meeting. This is an important component to start, not continue. And, you know, it's important to say .$tart, " not ' continue'te conversation, because we haven't had any conversations about the details of these issues that around. But I do agree that the resolution should be amended to include taking care of the residents and -- totally agree with you. Commissioner Carollo: Okay. So those are the two things that I want to work out. I want to somehow have an amendment in there stipulating that the area Commissioner or Commissioner Carollo will be involved with regarding to negotiations. And I want some type of language in there also giving a message, because I know you're saying it is about giving a message that we want the Beckham stadium to come. Well, it's also giving a messages [sic] to those residents that we're not forgetting about them. So I want some -- Mayor Regalado: I agree. Commissioner Carollo: -- specific language in there. I want -- Mayor Regalado: I agree. Commissioner Carollo: -- some language in there stipulating that, also. And Mr. Mayor, I think it's pretty reasonable what I'm asking for. Other than that, I think we should all work together. Mayor Regalado: But I think it's pretty reasonable what we asking for. I mean, we are not asking you to approve a stadium at the Orange Bowl site, not at all. We're just asking what Commissioner Sarnoff said. Having said that, you know, I think that you can amend this resolution on the floor -- you have done that hundreds of times -- and move on. Remember that we're supposed to have some meeting of sorts in the afternoon, so you have a shade session; you have a lot of items. You probably going to lose part of the quorum, so I'm just saying you can amend the resolution in the floor. The City Attorney can do it, if that is okay with you, with all -- specific, with all the things that you say. Commissioner Carollo: If that could be done on floor -- I still think that we should wait until after the meeting with UM, but if you want to do it now, if you think it's that important that we need to do it now, those are my two main issues. Mayor Regalado: Okay. City of Miami Page 161 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Commissioner Carollo: I want to be sure there's language in here that's stipulating with the residents -- about the residents, and I want to make sure that they also receive a message that the government's just not going in there eminent-domaining everybody without even speaking to them, so that's number one. And number two is regarding the area Commissioner needs to be part of the negotiations somehow. Mayor Regalado: I agree. Commissioner Carollo: Something to that effect. Mayor Regalado: I agree. Commissioner Carollo: And it doesn't mean that I need to be the lead negotiator. It doesn't mean that -- you know, but the bottom line is, the area Commissioner should have participation. I mean, there's a lot of issues that are going to come up. You know very well, mid -last week, we spoke about it in a sunshine meeting with Commissioner Sarnoff and Commissioner Suarez in a sunshine meeting, and we let them know then -- at that place that Commissioner Barreiro in the County and I have been speaking about doing some type of transportation to the stadium -- Mayor Regalado: I agree. Commissioner Carollo: -- for (UNINTELLIGIBLE). Mayor Regalado: And it was a coincidence, by the way. Commissioner Carollo: Right, right. Mayor Regalado: Because -- Commissioner Carollo: And I went there to show support, you know. But the bottom line is, you know, we've been discussing this for some time. Mayor Regalado: This one fell in our lap Thursday night for Friday and then yesterday. Commissioner Carollo: 171 give the benefit of the doubt, Mr. Mayor, but at the same time, you have to understand that when there are numerous residents -- it's not just two -- when there are numerous residents that believe that they're going to lose their homes, and they have no information, whatsoever, they don't know where to get information, it causes a lot of concerns, and I'm putting it mildly. So the bottom line is, I want to make sure that they know that the City of Miami is not abandoning them, and I'm not abandoning them. Ms. Mendez: So, ifI may, just to be clear -- Mayor Regalado: A resolution, as amended. Ms. Mendez: But the City Commission will be briefed regularly on these items; that we'll follow up with the University of Miami, as was directed; that the District 3 Commissioner, Frank Carollo, will be involved in the negotiations; and to keep the citizens informed of the government's efforts. Those -- that's how I will redraft this and -- pretty much verbatim, so is that fine? Commissioner Carollo: I would like a little stronger language with the -- with regard to the residents, as far as keeping them -- Ms. Mendez: We can't -- with regard to that, I would caution the Commission about making City of Miami Page 162 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 other -- more -- Commissioner Carollo: Listen, this is about sending a message. Mr. Mayor, with all respect, mentioned that he wanted to send a message to MLS, and to the Beckham Group, and to everybody, for that matter. I want to make sure that we also send a message to those residents, because they're equally important. And this should be a consensus. If the stadium is actually going to be built there, there needs to be a consensus from all, including those residents. Mayor Regalado: You should include them, you know. Ms. Mendez: Consensus -- achieve consensus from the residents and the (UNINTELLIGIBLE)? Mayor Regalado: No. A -- an interaction with the residents and the Administration will interact with the -- Ms. Mendez: Provide public meetings with the citizens, something more like that? Commissioner Carollo: Something more to that effect. Ms. Mendez: Okay. So then -- Commissioner Carollo: Specifically, the residents are going to be residents, business owners, you know, owners of the properties that may be affected. Ms. Mendez: So then keep the citizens informed in government efforts and hold public meetings with regard to the stadium progress. Commissioner Carollo: Yes. Ms. Mendez: Okay. Commissioner Carollo: Yes. Ms. Mendez: Thank you. Chair Gort: May I be recognized? Commissioner Carollo: Yes. Absolutely, Mr. -- Commissioner Gort. Chair Gort: Thank you. I appreciate it. First, let me tell you, I think every one of the Commissioners that sits here care about the residents. And I have to tell you, first time I got elected was citywide, so I have an understanding not only in my district because I'm the one that created the district, but the residents of the City of Miami, because whatever happens in any one district affects the whole city. That's why we all have to participate. I didn't find out about the whole transaction until 1 got -- saw it on television. And my understanding is, the Mayor had a meeting, and you were informed of that meeting. We were not informed of that meeting. And I also was surprised to see the map already drafted and all that. I don't think we drafted that map. That's the map that they suggested. And let me tell you, I'm not an attorney, but I don't think eminent domain is that easy, because I suffer that. When 836 was built -- my parents build a home at 1225 Northwest 29th Avenue for their future, with duplex, and guess what? Eight Thirty -Six had to be built, so they came to us, and it was a process that took about a year and a half. My understanding is, eminent domain, you have to show a public purpose or a public benefit before they can do that. Now, eminent domain can take years, because they can be hold in court. So the Beckham Group or whoever comes in, they need to understand they need to deal with the resident, if they going to be affected My understanding, we don't know for sure if they City of Miami Page 163 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 NA.2 15-00943 going to be affected And I agree with you, yes, we got to be responsible for them; we got to be responsible for them, but at the same time, my whole idea here was just to show that we're interested and we have. We have all made the motions before; that we want to see soccer in Miami, and this is what the Mayor asking. You got your amendments, which is fine, and I'm ready to -- I don't know if the maker of the motion accept the amendment? Commissioner Sarnoff. Yes. Chair Gort: And then I as a second, I do accept, also. Commissioner Carollo: Thank you, Commissioner Gort. Any further discussion? And Commissioner Gort, I mean, I agree with what you're saying, but in the meantime, even though eminent domain may take a long time, and I think there's two paths with eminent domain -- in the meantime, you have residents that have been very concerned, so that's what I've been saying. And they learned about it -- Chair Gort: Same way I did. Commissioner Carollo: -- possibly losing -- exactly. And that's my point, which, by the way, if you go back to the minute a year ago, and if you go back to the newspapers a year ago or a little over a year ago, it was the same arguments that I was making now, the process. You know, the process that the City of Miami has been taking. With that said -- Mayor Regalado: Can I just say, just for the record, last night Commissioner Francis Suarez call me, and I think he called the Manager too, saying that although he's not present, he wants to be on the record supporting the acceptance of the letter and moving the process forward. That's what he wanted me to say on the record. Commissioner Carollo: Yeah, absolutely. I don't think there's ever been a question of any one of these Commissioners sitting here that we've been against major league soccer, and especially major league soccer in the City of Miami. With that said, any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Carollo: Anyone in opposition have the same right to say "no. " Motion carries unanimously. Thank you. Mayor Regalado: Thank you. Chair Gort: Thank you, sir. Mayor Tomas Regalado: Commissioner Carollo, we need to move fast on these talks, because you and I are term -limited in 2017. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO FILE A NOTICE OF VOLUNTARY DISMISSAL IN THE MATTER OF CITY OF MIAMI V. MIAMI-DADE COUNTY AND MIAMI-DADE COUNTY HOMELESS TRUST, CASE NO. 15-16038 CA 10, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 164 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0333 Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. Can I just have a point of privilege for a moment? Chair Gort: Yes, sir. You're recognized. Commissioner Sarnoff. Thank you. Mr. Chair, as you know, the City of Miami and the -- the City of Miami did a grant request to the Homeless Trust very recently, and the City of Miami entered into an RFP (Request for Proposals) process with the Homeless Trust to secure emergency housing for street homeless in our City. We were not successful in our bid, which we believe had merit. Our attorneys advised us -- I'm going to stress this -- that we had to file litigation within a 30-day time frame or we would lose all recourse. On their advice, the City of Miami protected its interest. What it comes down to, Mr. Chair, is that the Trust took the position that because Daniel Alfonso signature was not on the appeal that we did not properly appeal. Subsequently, we -- subsequently, Mr. Chair, we've learned that this suit may have the unintended result of not bringing the County and the Homeless Trust to the table, as directed by the County Commission, to seek continued funding for the Mat Program, which the City helped institute and fund last year. In the interest of serving the greater good, I'm asking us to vote to instruct the City Attorney to withdraw the lawsuit, relinquishing our rights to contest the Trust's decision as to this RFP so as to remove any impediment to having all three parties -- the County, the Trust, and the City -- meet this Friday in a amiable, positive atmosphere to effect the best possible solutions as we mutually address the plight of the homeless in our community. And what I'm suggesting, Mr. Chair, is that this lawsuit should not harm the prospects of our most endangered citizens. There are 115 people presently being housed in this program. This is not politics. This is not policy. This is about what will happen to 115 people. What I'm suggesting to you is, let's take away all impediments, let's take away all excuses. Let's not give anyone any reason not to meet over an issue that I think is very important to the City and most important for the people who could least protect themselves. So with that, Mr. Chair, I'd like to proffer a motion to instruct the City Attorney to dismiss the lawsuit, and that would be my motion. Vice Chair Hardemon: Second. Chair Gort: Okay, there's a motion and a second Vice Chair Hardemon: Yes. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Sarnoff.. Thank you, Mr. Chair. NA.3 RESOLUTION 15-00944 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MEMBERS OF CONGRESS TO REVIEW THE NUCLEAR DEAL WITH IRAN DURING ITS SIXTY (60) DAY REVIEW PERIOD AND, AFTER REVIEWING City of Miami Page 165 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 THE NUCLEAR DEAL WITH IRAN, TO DETERMINE IF IT MEETS THE REQUIREMENTS LAID OUT BY BOTH CONGRESS AND THE FEDERAL ADMINISTRATION FORA WORKABLE DEAL; URGING THE FEDERAL ADMINISTRATION TO WORK WITH THE UNITED STATES ALLIES TO MAINTAIN ECONOMIC PRESSURE ON IRAN THAT WILL CLOSE OFF ALL IRANIAN PATHS TO A NUCLEAR WEAPON; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 15-00944-Submittal-Commissioner Sarnoff-Sample Resolution -Federal Action Proposed Nuclear C DISCUSSED Chair Gort: I know you have to go. On PZ (Planning & Zoning), any one item you would like to hear before you leave? Commissioner Sarnoff. I sort of have a pocket item, Mr. Chair. Chair Gort: That's a good one. Commissioner Sarnoff. Yeah. Mr. Chair, thank you for the indulgence. As you know -- I don't think anybody else doesn't know this -- the President has -- and this is a symbolic resolution, which was taken up by some members of -- for instance, I've given you the resolution of the Baltimore City Council. As you know, Mr. Chair, the President has negotiated a nuclear arms deal with Iran, and if you wouldn't mind, I'd just like to read what Baltimore did -- Chair Gort: Sure. Commissioner Sarnoff. -- and see if we can also support what Baltimore did, so for the purposes of calling on the honorable members of -- I would not call us the Maryland delegation, but I'd say the Miami -Dade delegation to the 114th Congress to ensure Congress studies the proposed nuclear deal with Iran during its 60-day review period to determine if it genuinely meets the requirements laid out by both Congress and the Administration for a workable deal, and urging the Administration to work with our allies to maintain economic pressure on Iran that will truly close off all Iranian paths to nuclear weapon. Whereas -- hopefully, it would be the City of Miami Commission -- wants to thank President Barak Obama and the Administration for their tireless efforts to reach a diplomatic agreement with Iran on their nuclear program, we believe diplomacy is the most effective avenue for solving problems on the international stage. We also believe that it is critical that the United States Congress have the full 60 days to review the agreement laid out as legislation paths this spring. We do have some concerns about the announced deal, however, and they are as such: One, the proposed deal does not ensure any time, anywhere, short notice inspections; two, the proposed deal does not deal -- does not clearly condition sanctions relief on Iran for full cooperation in satisfying the International Atomic Energy Agency concerns over the possibility military -- possible military dimensions of Tehran's nuclear program; three, the proposed deal lifts sanctions as soon as the agreement commences, rather than gradually, as Iran demonstrates sustained adherence to the agreement; four, the proposed deal lifts key restrictions in as few as eight years; five, the proposed deal would disconnect and store centrifuges in an easily reversible manner, but requires no dismantlement of centrifuges or any Iranian nuclear facility. Whereas the City of Miami Commission takes the Administration at its word that no deal is better than a bad deal, now therefore be it resolved by the City Commission of the City of Miami that the council calls on the honorable members of the Dade delegation to the 114th Congress to ensure that Congress thoroughly studies the proposed deal with Iran during its 60-day review period to determine if it generally meets the requirements laid out by both Congress and the Administration for a workable deal, and urges the Administration to work through with our allies to maintain economic pressure on Iran that will truly close off all Iranian paths to a nuclear weapon. And it further be resolved that a copy of City of Miami Page 166 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 this resolution be sent to the Mayor, the honorable members of the House and Senate leadership; the honorable members of the Dade Delegation to the 114th Congress, and the Mayor's legislative liaison to the City Commission. Chair Gort: Thank you, Commissioner Sarnoff. Unfortunately, there's only two of us. Commissioner Sarnoff. Well, it might have been controversial, so that was my attempt, though. NA.4 DISCUSSION ITEM 15-00945 NA.5 15-00946 PURSUANT TO THE PROVISIONS OF SECTION 286.011(8), FLORIDA STATUTES, AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, WAS REQUESTED AND SCHEDULED FOR SEPTEMBER 10, 2015, FOR THE PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF: VILLAGE OF KEY BISCAYNE v. CITY OF MIAMI, CASE NO. 15-02997 CA 09 PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. DISCUSSED Chair Gort: Let's take five and see if we get the rest of the Commission to -- Victoria Mendez (City Attorney): Would you like me to read the stuff that I have to read to --? Chair Gort: Yeah, go ahead. Ms. Mendez: Okay. Thank you. First of all, this is a -- two scripts that I'm going to read to require as the attorney -client privilege sessions. Mr. Chairman and members of the Commission, pursuant to provisions of Section 286.011(8) Florida Statutes, I'm requesting that at the next City Commission meeting of September 10, 2015, an attorney -client session closed to the public for purposes of discussing the pending litigation in the case of Village of Key Biscayne versus City of Miami, Case Number 15-02997 (CA-09), pending in the Circuit Court for the Eleventh Judicial Circuit. The subject of the meeting will be confined to settlement negotiations and strategy sessions related to litigation expenditures. DISCUSSION ITEM PURSUANT TO THE PROVISIONS OF SECTION 286.011(8), FLORIDA STATUTES, AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, WAS REQUESTED AND SCHEDULED FOR SEPTEMBER 10, 2015, FOR THE PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF: FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20, ET AL. v. CITY OF MIAMI, CASE NO. 98-7760 CA27 PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. DISCUSSED Victoria Mendez (City Attorney): And also, I'm requesting that at the City Commission meeting of September 10, 2015, an attorney -client privilege session closed to the public for purposes of discussing the pending litigation in the case of Fraternal Order of Police, Miami Lodge Number 20, et al. versus City of Miami, Case Number 98-7760 (CA-27), pending in the Circuit Court for City of Miami Page 167 Printed on 8/31/2015 City Commission Meeting Minutes July 23, 2015 ADJOURNMENT the Eleventh Judicial Circuit. The subject of the meeting will be confined to settlement negotiations and strategy sessions related to litigation expenditures. Thank you. Chair Gort: Thank you, ma'am. We'll take five. Ms. Mendez: The only thing remaining on the regular meeting is RE.12. Chair Gort: Yeah, that goes with PZ (Planning & Zoning). Ms. Mendez: And the budget. The meeting adjourned at 7: 34 p.m. City of Miami Page 168 Printed on 8/31/2015